scretch.info History BOMBAY PROHIBITION ACT 1949 PDF

BOMBAY PROHIBITION ACT 1949 PDF

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Excise Department in this State till June, With repeal of the. Bombay Abkari Act, and introduction of Bombay Prohibition. Act,, with effect from. The Maharashtra Prohibition Act, Act No. 25 of mh For Statement of Objects and Reasons, see Bombay Government Gazette, , Part V. BOMBAY PROHIBITION ACT, - Indian Bare Act / Law / Statute / Kanoon AND] OTHER DEPARTMENTS WITH POWERS AND DUTIES UNDER THIS ACT .


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(1) This Act may be cited as The Bombay Prohibition Act. 2[2) It extends to the whole of the 3[State of Maharashtra. 4[(3) It shall come into force 5[in the. The Bombay Prohibition Act, is an Act of the Bombay Legislative Assembly relating to the . Create a book · Download as PDF · Printable version. In exercise of the powers conferred by section of the Bombay Prohibition Act, (Bom. XXV of (, and of all other powers enabling it in this behalf and.

If one wants to be a law-abiding tippler, one must head over to the Excise Station, where, under the watchful portraits of Hanuman, Shivaji, Ambedkar and — most relevant to this exercise — Gandhi, sub-inspector Shahji Shinde will make you one. Gandhigiri Prohibition begins, as does so much else in modern India, with Gandhi. The Mahatma had some rather harsh views on alcohol consumption. In , he was only being somewhat hyperbolic when he said: I would rather have India without education if that is the price to be paid for making it dry. In Harijan , , he said:

Permission to use or consume foreign liquor on warships, troops ships and in messes and canteens of armed forces. Health permits.

Emergency permits. Special permits to foreign sovereigns, etc. Permits to be non-transferable. Regulation of use or consumption of foreign liquor by certain permit holders.

Licence to clubs. Authorization for sacramental purposes. Visitor's permit. Tourist's permit. Interim permits. Permits for consumption or use of intoxicating drugs or opium.

Exclusive privilege of Government to import, etc. Warehousing of opium. Rules for sale, etc. Power of authorized officer to grant licences, permits, and passes in certain cases.

(PDF) What do people in Bihar think of PROHIBITION OF ALCOHOL | Saloni Anand - scretch.info

General Conditions regarding licences, etc. Certain licenses required to keep measures, etc. Power to cancel or suspend licences and permits. Holder of licence, etc. Cancellation for other reasons. Attachment of licence. Right, title or interest under licence not liable to be sold of attached in execution.

Supervision over manufacture, etc. Commissioner entitled to require licences holder or owner to dispose of stocks. Control on manufacture etc. Manufacture of articles mentioned in section 24A. Analysis of articles mentioned in section 24A.

Prohibition against possession of denatured spirituous preparation in excess of prescribed limit and the regulation of its possession in excess of prescribed limit. Regulation of manufacture, etc. Prohibition of export or import of Mhowra Flowers.

Forgotten fact: Most Mumbaiites are breaking the law when they grab a drink

Control of export, etc. Provisions of sections 53 to 59 to apply to licences granted under section Power of State Government to direct holder of stock of molasses to sell them at fixed price to any officer, person or class of persons.

Penalty for illegal import, etc. Penalty for illegal cultivation and collection of hemp and other matters. Penalty for alteration or attempting to alter denatured spirit. Penalty for alteration or attempting to alter denatured spirituous preparation. Penalty for contravention of provision regarding prescriptions.

Penalty for manufacturing articles mentioned in section 24A in contravention of the provisions of section 59A. Penalty for failure to satisfy the Commissioner under sub-section 1 , or to comply with a requisition under sub-section 2 of section 59B. Penalty for possessing, etc. Penalty for opening etc. Penalty for illegal import of molasses. Penalty for selling molasses at price exceeding fixed price.

Penalty for removal of intoxicant etc. Penalty for printing or Publishing advertisement in contravention of provisions of Act, etc. Penalty for circulating etc. Penalty for inciting or encouraging certain acts. Penalty for contravention of provisions of section Penalty for neglect to keep measures, etc. Penalty for misconduct by licensee, etc. Penalty for misconduct by licensed vendor or manufacturer.

Liability of licensee for acts of servants.

Import, export, etc. Penalty for attempts or abetment. Breach of licence, permit, etc. Penalty for conspiracy. Penalty for being found drunk in any drinking house. Penalty for being drunk and for disorderly behaviour. Penalty for allowing any premises to be used for purpose of committing an offence under Act. Penalty for chemist, druggist or apothecary for allowing his premises to be used for purpose of consumption of liquor. Penalty for issuing false prescriptions.

Penalty for maliciously giving false information. Penalty for offence not otherwise provided for. Demand for security for abstaining from commission of certain offences.

Release of offenders on bond. Demand of security for good behaviour.

The Bombay Prohibition Act, 1949

Execution of bonds in respect of minors. Punishment for vexatious search, seizure or arrest.

Punishment for vexatious delay. Punishment for abetment for escape of persons arrested. Things liable to confiscation. Return of things liable to confiscation to bona fide owners.

Procedure in confiscation. Power of Collector etc. Forfeiture of any publication containing advertisement matter soliciting use of intoxicants. Presumption as to commission of offences in certain cases. Report of certain registered medical officers as evidence.

Compounding of offences. Bombay Probation of Offenders Act, , and section of Code of Criminal Procedure, , not to apply to persons convicted of offence under this Act.

Excise Duties. Manners of levying excise duties. Power to exempt, remit or refund excise duty. Declaration of stock of articles mentioned in section 24A; maintenance of accounts and submission of returns. Power to obtain information and to search and seize excisable articles. Penalty for import, export etc. Duty on tapping of toddy trees. Duty by whom payable. Owner of trees entitled to assistance for duty paid. Privilege of drawing toddy from trees belonging to Government.

Rules for levy of duty on opium, etc. Recovery of duties, etc. Magistrate's power to impose enhanced penalties. Procedure to be followed by Magistrates. Tender of pardon to accomplice. Investigations, arrests, searches, etc. Procedure of Code of Criminal Procedure relating to cognizable offences to apply.

Certain offences to be non-bailable. Power of entry and inspection. Power to open packages etc. Power to require production of licences. Arrest of offenders and seizure of contraband articles. Power to obtain information. Power to seize intoxicants, etc. Arrest without warrant. Arrest of offenders failing to give names. Issue of warrants. Certain provisions to apply to denatured spirituous preparations. Prohibition Officers may be empowered to investigate offences. Power to require persons to submit to medical examination, etc.

Documents or reports of registered medical practitioner, etc. Arrested persons and things seized to be sent to officer-in-charge of Police Station. Bail by Prohibition Officer. Articles seized. Duty of officers of Government and local authorities to assist. Offences to be reported. Landlords and others to give information. Power to arrest and make orders detaining or restricting movements or actions of persons. General powers of State Government in respect of licences, etc.

Power of State Government to prohibit, regulate or control consumption or use of intoxicants, etc. Employment of additional Police. Power of Collector to close place where intoxicant of hemp is sold in certain cases. Power of State Government to make rules. Commissioner's powers to make regulations. Officers and persons acting under this Act to be public servants.

Bar of Proceedings. Limitation of prosecutions or suits against officers. Provisions of Act not to apply to Government. Provisions of this Act not to apply to import or export across customs frontier. Repeal and amendments. Further repeals and savings consequent on commencement of Bombay XXV of in other areas of State. SRO, dated the 22nd March, , or such other distance as may be fixed from time to time by the President hereafter;]. All other liquors such as grape liquor, malt liquorale, beer, porter, cider, wines, spirits of wines rectified spirits, absolute alcohol, brandy, whisky, rum, cashew brandy, club cup, gin and ginger wine, which are certified by the Chemical Analyser to the Government of Maharashtra, as having the same properties as those possessed by liquors of the corresponding descriptions imported from foreign countries, and which are liable to duty at the same special rates as those prescribed in the First Schedule to the Indian Tariff Act, Bombay XXXII of , or at such special rates as may be prescribed by Government under section of the Bombay Prohibition Act, Bombay XXV of Powers under Section and , in cases where the estimated value of the things liable to be confiscated under the said sect, ms is upto Rs.

Provided further that, no licence shall be necessary for the possession of denatured spirit to the extent of such quantity as may be prescribed.

The State Government may, by rules or an order in writing, authorise an officer to grant licences for the download, possession or use of any liquor or alcohol for the manufacture of any article mentioned in section 24A], on such conditions as may be prescribed.

The 3[State] Government may authorise an officer by rules or an order in writing to grant licences for 4[the tapping of, 5[and drawing juice from. The 8[State] Government may, by rules or an order in writing, authorise an officer to grant trade and import licences to persons intending to import and to sell by wholesale any 9[foreign liquor].

Provided that the 7[State] Government is satisfied that such hotel has ordinarily a sufficient number of boarders eligible to hold permits. The 3[State] Government may, by rules or an order in writing, authorize an officer to grant licences to any shipping company for each ship 4[or to the Master of any ship] to sell foreign liquor 5[and to permit the use or consumption of foreign liquor on such ship on such conditions as may be prescribed].

The 8[State] Government may, on such conditions as may be specified 9[by a general or special order permit. Provided that the person to whom a permit is granted under this section may '[subject to such conditions as may be prescribed] allow the use or consumption of liquor in respect of which the permit has been granted to any other person who requires the use thereof for medicinal purpose on emergent occasions:. Provided further that no permit shall be granted to more than one member of a household at any one time.

The 3[State] Government may, grant special permits for the use or consumption of foreign liquor 4[to any person who is. Provided that the officer so authorized is satisfied that the use of such liquor is required in accordance with the religious tenets of the community to which such person belongs.

The 9 [Commissioner], after holding a summary inquiry shall decide whether or not the liquor is required by the person for sacramental purposes. Notwithstanding anything contained in this Act, the State Government shall have the exclusive right or privilege of importing, exporting, transporting, manufacturing, bottling, selling, downloading, possessing or using any intoxicant, hemp or toddy and whenever under this Act or any licence, permit, pass, thereunder any fees are levied and collected for any licence, permit, pass, authorisation or other permission given to any person for any such purpose, such fees shall be deemed to include the rent or consideration for the grant of such right or privilege to that person by or on behalf of the State Government.

Notwithstanding anything in this Act, it shall be lawful for any officer authorised by the 1[State] Government in this behalf to grant any licences, passes or permits for import, export, transport, possession, sale. All licences, permits, passes or authorisations granted under this Act shall be in such form and shall, in addition to or in variation or substitution of any of the conditions provided by this Act.

Provided that every licence, permit, pass or authorisation shall be granted only on the condition that the 3[person applying] undertakes, and in the opinion of the officer authorised to grant the licence, permit, pass or authorisation is likely to abide by all the conditions of the licence, permit, pass or authorisation and the provisions of this Act.

Every person who manufactures or sells any intoxicant or hemp under a licence granted under this Act, shall be bound. No holder of a licence, permit pass or authorisation shall be entitled to any compensation for the cancellation or suspension of the licence, permit, pass or authorisation under Section 54 nor to a refund of any fee or deposit made in respect thereof.

Notwithstanding anything contained in any other section, when a licence is liable under that section to cancellation owing to default in the payment of any duty or fee payable by the holder thereof, the authority granting the licence may attach and take such licence under management, and if the profits received from such management after meeting all the expenses of such attachment and management are less than the amount of the arrears for which the licence was attached and the amount falling due on such licence during the remaining period of such licence the difference shall be recovered from the licensee as if it were a duty or fee leviable under any one of the provisions of this Act, and in the event of the said profits exceeding the amount so due under the licence, the licensee shall not be entitled to receive any of the said profits.

Notwithstanding anything contained in any law for time being in force no right, title or interest in any licence, permit, pass, or authorization granted under this Act shall be liable to be sold, transferred or attached in execution of any process of any civil or any other Court.

The State Government may by general or special order direct that the manufacture, import, export, transport, storage, sale, download, use, collection or cultivation of any intoxicant, denatured spirituous preparation, hemp, mhowra flowers, or molasses shall be under the supervision of such prohibition and excise or police staff as it may deem proper to appoint, and that the cost of such staff shall be paid to the State Government by the person manufacturing, importing, exporting, transporting, storing, selling, downloading, using, collecting or cultivating the intoxicant, denatured spirituous preparation, hemp, mhowra flowers or molasses:.

Provided that, the State Government may exempt any class of persons or institutions from paying the whole or any part of the cost of such staff. On the cancellation or the expiry of the period of any licence, permit, pass or authorization, the 11[Commissioner] may also direct that any stock of any intoxicant, 12[denatured spirituous preparation] hemp or mhowra flowers remaining with the holder of the licence, permit, pass or authorization together with receptacles or packages thereof be forefeited to 13[the State Government.

No article mentioned in Section 24A shall be manufactured, imported or exported, except under a licence which shall, subject to the provisions of any rules made in that behalf, be granted by an officer authorised in that behalf by an order in writing by the State Government:. Provided that no such licence shall be necessary for the import or export of such article to the extent of such quantity as may be prescribed. No more alcohol shall be used in the manufacture of any of the articles mentioned in Section 24A than the quantity necessary for extraction or solution of the elements contained therein and for the preservation of the articles:.

Provided that in the case of manufacture of any of the articles mentioned in section 24A in which the alcohol is generated by a process of fermentation the amount of such alcohol shall not exceed 12 per cent.

Control and regulation of transport, sale, etc. Provided that no licence, permit or pass shall be necessary for the collection, transport, sale, download or possession within such area and during such period hereinafter called vacation period as the 3[State] Government may, by notification in the Official Gazette, notify, of any quantity of mhowra flowers which shall be the produce of that year 4[and of that area]:.

Provided further that unless the 5[State] Government by a notification in the Official Gazette, otherwise directs, no licence, permit or pass shall be necessary for the transport by rail of any quantity of mhowra flowers through an area which has no vacation period or the vacation period for which has expired at the time when the transport takes place, provided that The provisions of sections 53 to 59 4[ both inclusive ] shall so far as may be applicable, apply to licences or permits granted under section 6 1.

The provisions of this Act in relation to molasses shall be in addition to and not in derogation of the provisions of the Bombay Molasses Control Act, Bom. Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or of any licence, pass, permit or authorisation granted thereunder Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court,-.

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees;.

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than six months and fine shall not be less than one thousand rupees;. Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than nine months and fine shall not be less than one thousand rupees;.

Penalty for illegal import, etc. Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the court,-. Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees.

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the court such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees]. Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such.

1949 act bombay pdf prohibition

Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than six months and fine shall not be less than one thousand rupees:.

Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than nine months and fine shall not be less than one thousand rupees.

Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court,. Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or licence, permit or pass granted thereunder, imports, exports, 2[collects] transports sells, 3[downloads] or has in his possession mhowra flowers, shall, on conviction, be punished,.

Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees. Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than six months and fine shall riot be less than one thousand rupees;.

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than nine months and fine shall not be less than one thousand rupees:.

Provided further that no person shall be punished in respect of any mhowra flowers which are either growing on a tree or are lying uncollected on the ground, as they have fallen from a tree. Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or of any licence or permit granted thereunder, exports, imports, transports, sells or has in his possession molasses shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made, or pass granted, thereunder, removes any intoxicant, hemp, mhowra flowers or molasses from any distillery, warehouse, godown or other her place of storage established or licensed under this, Act, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.

Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made thereunder, prints, or publishes in any newspapers, news-sheet, book, leaflet, booklet or any single or periodical publication or otherwise displays or distributes any advertisement or other matter.

Whoever, in contravention of a notification issued under sub-section 3 of section 24, circulates, distributes or sells any newspaper, news- sheet, book, leaflet, booklet or other publication printed and published outside the 2[State] which contains any advertisement or matter, Whoever in contravention of the provisions of this Act, rule or regulation or order or condition of any licence, permit or pass granted under this Act,-.

Whoever, being the holder of a licence, permit, pass or authorization granted under this Act or a person in the employ of such holder or acting with his express or implied permission on his behalf. XLV of or. The holder of a licence, permit, pass or authorisation granted under this Act shall be responsible, as well as the actual offender, for any offence committed by any person in his employ or acting with his express or implied permission on his behalf under the provisions of this Act as if he himself had committed the same, unless he shall establish that all due and reasonable precautions were exercised by him to prevent the commission of such offence;.

Provided that no person other than the actual offender shall be punished with imprisonment except in default of payment of fine. Whoever attempts to commit or abets the commission of an offence under this Act shall, on conviction, be punished for such attempt or abetment with the same punishment as is provided for the principal offence.

Whoever is found drunk or drinking in a common drinking house or is found there present for the purpose of drinking shall, on conviction, be punished with fine which may extend to five hundred rupees.

Any person found in a common drinking house during any drinking therein shall be presumed, until the contrary is proved, to have been there for the purpose of drinking.

Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees; and.

Pdf 1949 prohibition bombay act

Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the Judgment of the Court, such imprisonment shall not be less than six months and fine shall not be less than one thousand rupees. Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, the imprisonment shall not be less than three months and fine shall not be less than five hundred rupees.

A chemist, druggist, apothecary or keeper of a dispensary who allows any liquor, which has not been bona fide medicated for medicinal purposes according to the prescription of a 1[registered medical practitioner] or any intoxicating drug to be consumed on his business premises by any person, shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

If a 2[registered medical practitioner] issues a prescription with the intention that such prescription shall be used by the person to whom it is issued for the purpose of consuming liquor, intoxicating drug or opium in contravention of the provisions of this Act, or rule, regulation or order made thereunder or any licence, permit, pass or authorisation granted under this Act, he shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

Any person who maliciously and falsely gives information to any person exercising powers under this Act leading to a search, seizure. Whoever is guilty of any wilful act or intentional omission in contravention of the provisions of this Act, or any rule, regulation, or order thereunder or of any licence, permit, pass or authorisation granted, under this Act, and if such act or omission is not otherwise made an offence under this Act shall, on conviction, be punished with the imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.

V of , shall in so far as of they are applicable apply to any proceedings under sub-section 1 as if the bond referred to therein were a bond required to be executed under Section of the said code. If any person in respect of whom a bond is ordered to be executed under '[Sections 91 and 93] is a minor,, the bond shall be executed by his guardian.

Any officer or. When during the trial of a case for an offence under this Act the Court decides that anything is liable to confiscation under the foregoing section, the Court may, after hearing the person, if any, claiming any right thereto and the evidence, if any, which he produces in support of his claim, order confiscation, or in the case of any article other than an intoxicant, hemp, mhowra flowers or molasses give the owner an option to pay fine as the Court deems fit in lieu of confiscation:.

Provided that no animals, cart, vessel, vehicle or other conveyance shall be confiscated if the owner thereof satisfies the Court that he had exercised due care in preventing the commission of the offence. When an offence under this Act has been committed and the offender is not known or cannot be found or when anything liable.

Provided that no such order shall be made before the expiry of one month from the date of seizure, or without hearing 3[the person, if any, claiming any right thereto] and the evidence, if any, which he produces in support of his claim. If the thing in question is liable to speedy and natural decay, or if the 4 [Commissioner], Collector, 5[Court] or the officer authorised by the 6[State] Government in this behalf is of opinion that the sale would be for the, benefit of the owner.

Forgotten fact: Most Mumbaiites are breaking the law when they grab a drink

Any Magistrate may by warrant authorize any Police Officer not below the rank of Sub-Inspector to enter upon and search for the same in any premises where any copy of such issue or any such newspaper, news-sheet, book, leaflet, booklet or other publication may be or may be reasonably suspected to be.

Every warrant issued under this section shall be executed in the manner provided for the execution of search warrants under the Code of Criminal Procedure, V of Provided that where a person who is reasonably suspected of having committed an offence under section 3[69, 70, or] , is not the holder of a licence, permit, pass or authorization granted under this Act or a person in the employ of such holder or a person acting with his express or implied permission on his behalf the sum of money which may be accepted from such person by way of composition shall not exceed five hundred rupees:.

XIX of , or 6[in any law corresponding to that Act in force in any part of the State or in the Probation of Offenders Act, , XX of , where that Act is brought into force in any part of the State or in] Section of, the Code of Criminal Procedure, V of , shall apply to any person convicted of any offence under this Act]. Provided that duty shall not be so imposed on any article which has been imported into 7[the territory of India] and was liable on such importation to duty under the Indian Tariff Act, XXXII of , or the Sea Customs Act, VIII of , 9[or on any medicinal or toilet preparation containing alcohol, opium, hemp or other narcotic drugs or narcotics.

Subject to any regulations to regulate the time, place and manner of payment made by the '[Commissioner] in this behalf, the duties referred to in Section may be levied in one or more of the following ways:.

Provided that, where payments is made upon issue for sale from a warehouse established or licensed under this Act, such payment shall be at the rate of the duty in force at the date of issue from the warehouse:. Whoever imports. The duty on toddy-producing trees shall be leviable primarily from the person holding the licence 3[to tap them and to draw toddy therefrom] and in default by him or if the trees are tapped without licence, from the owner of the trees.

When the duty on toddy-producing trees, is levied from the owner of the trees, he shall be entitled to assistance in recovering the same, from the holder of the licence under the provisions of the law for the time being in force relating to the recovery by superior holders of their dues from their tenants.

Notwithstanding, anything contained in section 32 of the Code of Criminal Procedure, 2 V of , it shall be lawful for any Presidency Magistrate or any Magistrate of the First Class to pass any sentence authorised by this Act in excess of his powers under Section 32 of the said code', provided that the fine shall not exceed three thousand rupees.

In all trials for offences under this Act, the Magistrate shall follow the procedure prescribed in the Code of Criminal Procedure,, 3 V of , for the trial of summary cases in which an appeal lies.