maharashtra excise manual vol-i

(1)

GOVERNMENT OF MAHARASHTRA

STATE EXCISE DEPARTMENT

THE MAHARASHTRA EXCISE MANUAL

VOL.I

(As modified up to 29th February 2012)

Price : Rs. 309.00

Printed by the Manager, Government Press and Book Depot,Nagpur-440 001 and Published by the Commissioner,

State Excise Maharashtra State, Mumbai-400 023.

(2)

Bombay Act No. XXV of 1949

The Bombay Prohibition Act, 1949

(3)PREFACE

It is indeed pleasure to introduce the updated Volume-I of the

Maharashtra Excise Manual of the State Excise Department. After

taking over the charge of Commissioner of State Excise in June, 2011,

I myself felt the dire need for such a Manual.

The State Excise Department of the Government of Maharashtra

has an interesting past and promising future. The department

controls and regulates the trade in intoxicants of which liquor forms

the major part. The law relating to intoxicants including liquor

and the excise duties thereon was initially administered by the

Excise Department in this State till June, 1949.With repeal of the

Bombay Abkari Act, 1878 and introduction of Bombay Prohibition

Act,1949, with effect from 16th June, 1949, the Excise Department

was renamed as Prohibition and Excise Department and was made

responsible for enforcement of and education on prohibition. The

State Government followed strict prohibition policy till December,

1963. The policy of prohibition was partially relaxed and step by

step rationalization occurred. Initially, toddy was introduced, later

on manufacture of potable liquor was allowed, then country liquor

scheme was introduced, so on and so forth. The Department was

again renamed as State Excise Department in the year 1990.

After the publication of the Maharashtra Excise Manual, Volume-

I in 1996 further updated copy was not printed. The department

has under gone many changes since then. In 1997, the department

came with ad valorem based levying of duty on liqur which trans-

formed the excise revenue considerably. In view of the past decade

of far reaching economic changes and globalization, need of

up to-date revised Manual was keenly felt at all levels.

I would like to place on record my deep appreciation by the

efforts put in by the staff at the Commissionerate and staff at the

office Superin-tendent of State Excise, Nagpur District for making

this compilation a success. A special mention of the efforts put in

by S/Shri Rahul Ambhore and Pravin Mohatkar is necessary, I hope

this compilation will prove useful to the excise administrators, to

all licensees in the liquor trade and to the public in general.

(Dr. Sanjay Mukherjee),

Commissioner of State excise,

Maharashtra State, Mumbai.

Mumbai :

Dated February, 2012.

(1)PART I

THE BOMBAY PROHIBITION ACT, 1949

CONTENTS

Section Brief Description Page No.

PREAMBLE

CHAPTER I Preliminary1. Short title, extent and commencement. 12. Definations. 2

CHAPTER II Establishment3. Commissioner of Prohibition and Excise. 74. Collectors 85. Subordinate Officers. 86. Investing officers of Police and other department with 8

powers and duties under this Act.6A. Board of Experts. 9

7. Other boards and Committees. 98. Medical Boards. 109. Control of Commissioner over Prohibition Officers and 10

other officers.10. Delegation. 10

CHAPTER III - Prohibitions11. Manufacture, etc. of Intoxicant to be permitted in accor- 11

dance with provision of Act, rules etc.11A. Power of Gram Sabha to enforce prohibition or to regulate 11

or restrict the sale and consumption of any intoxicant.12. Prohibition of Manufacture of Liquor and construction 11

and working of distillery or brewery.13. Prohibition of sale, etc. of Liquor. 1114. Prohibition of export, import, transport, sale, manufacture, 11

etc. of intoxicating drugs.15. Prohibition of import, export, transport, sale, etc. of sweet 11

toddy.

(2)16. Prohibition of tapping of toddy producing trees and 11

drawing of toddy.17. Prohibition of possession etc. of opium. 1218. Prohibition of sale to minors. 1219. (Deleted) 1220. Prohibition of production, etc. of charas. 1221. Alteration of denatured spirit. 12

21A. Alteration of denatured spirituous preparation. 1222. Prohibition of allowing any premises to be used as 12

Common Drinking House.22A. Prohibition of issuing prescriptions for Intoxicating 12

Liquor except by Registered Medical Practitioners.23. Prohibition of soliciting use of intoxicant or hemp or 13

doing any act, calculated to incite or encourage membersof public to commit offence.

24. Prohibition to publication of advertisement relating to 13intoxicants, etc.

24A. This Chapter not to apply to certain articles. 14

CHAPTER IV Control, Regulation and Exemptions25. Exemption of Preparations. 1426. Distilleries and Warehouses for intoxicants. 1427. Intoxicant or hemp not to be removed from Warehouse, 15

etc.

28. Passes for import, etc. 1529. Through transport. 1630. (Deleted) 1631. Licences for bona fide medicinal or other purposes. 16

31A. Licences for purchase, etc. of liquor for manufacture 16of articles mentioned in section 24A.

32. Licences for tapping of Neera. 1633. Trade and Import Licences. 1634. Vendors Licences. 1635. Hotel Licences. 1736. (Deleted) 1737. (Deleted) 1738. Licences to Shipping Companies and to Masters of Ships. 18.39. Permission to use or consume foreign liquor on Warships, 18

Troop Ship and in Messes and Canteens of Armed Forces.

(3)40. Permits. 18

40A. Health permits. 1940B. Emergency permits. 19

41. Special permits to Foreign Sovereigns, etc. 1942. (Deleted) 1943. Regulation of use or consumption of Foreign Liquor 20

by certain Permit holders.44. Licence to clubs. 2045. Authorization for Sacramental purposes. 2046. Visitors permit. 21

46A. Tourists permit. 2147. Interim permits. 2148. Permits for consumption or use of Intoxicating Drugs 22

or Opium.48A. Permits to be non-transferable. 22

49. Exclusive privilege of Government to import, etc., 22intoxicants and fees levied include rent or considerationfor grant of such privilege to person concerned.

50. (Deleted) 2251. (Deleted) 2352. Power of authorized officer to grant licences, permits 23

and passes in certain cases.53. General conditions regarding licences, etc. 23

53A. Certain Licencees required to keep measures, etc. 2354. Power to cancel or suspend Licences and Permits. 2355. Holder of licence, etc. not entitled to compensation or 24

refund of fee for cancellation or suspension thereof.56. Cancellation for other reasons. 2457. Attachment of licence. 2458. Right, Title or Interest under Licence not liable to be 25

sold or attached in execution.58A. Supervision over manufacture, etc. 25

59. Commissioner entitled to require licence holder or 25owner to dispose of stocks.

CHAPTER IV-A Control and regulation of articles mentioned insection 24A to prevent their use as intoxicating liquor.

59A. Manufacture of articles mentioned in section 24A. 2659AA. Control on manufacture, etc. of articles mentioned in 26

section 24A.59B. Analysis of articles mentioned in section 24A. 27

(4)CHAPTER IV-B Control and Regulation of DenaturedSpirituous Preparations to prevent their use asintoxicating liquor.

59 C. Prohibition against possession of denatured spirituous 27preparation in excess of prescribed limit and the regulat-ion of its possession in excess of prescribed limit.

59 D. Regulation of manufacture, etc. of denature spirituous 28preparations.

CHAPTER V Mhowra flowers.60. Prohibition of export or import of mhowra flowers : 28

Control and regulation of transport, sale, etc. of mhowraflowers.

CHAPTER VI Control and regulation of Molasses.61. Control of export, etc. of molasses. 2962. Provisions of sections 53 to 59 to apply to licences 29

granted under section 61.63. Provision of Act in relation to molasses to be in 29

addition to and not in derogation of Bom. XXXVIIof 1956.

64. (Deleted) 29

CHAPTER VII Offences and Penalties.65. Penalty for illegal, import, etc. of intoxicant or hemp. 2966. Penalty for illegal cultivation and collection of hemp 30

and other matters.66A. Penalty for illegal import, etc. of opium. 31

67. Penalty for alteration or attempting to alter denatured 31spirit.

67-1A. Penalty for alteration or attempting to alter denatured 31spirituous preparation.

67-1B. Penalty for contravention of provision regarding 32prescriptions.

67A. Penalty for manufacturing articles mentioned in section 3224A in contravention of the provisions of section 59A.

67B. Penalty for failure to satisfy the Commissioner under 33sub-section (1), or to comply with a requisition undersub-section (2), or section 59-B.

67C. Penalty for possessing, etc. denatured spirituous 33preparations in contravention of provisions ofsection 59C and 59D.

68. Penalty for opening etc., of common drinking house. 33

(5)69. Penalty for illegal import, etc., mhowra flowers. 3370. Penalty for illegal import, etc. of molasses. 3471. (Deleted) 3472. Penalty for removal of intoxicant, etc. 3473. Penalty for printing or publishing advertisement in 34

contravention of provisions of Act, etc.74. Penalty for circulating, etc. newspapers, etc. containing 34

advertisements regarding intoxicants, etc.75. Penalty for inciting or encouraging certain acts. 34

75A. Penalty for contravention of provisions of section 43. 3576. Penalty for neglect to keep measures, etc. 3577. Penalty for misconduct by licensee, etc. 3578. Penalty for misconduct by licensed vendor or 36

manufacturer.79. Liability of licensee for act of servants. 3680. Import, export etc. of intoxicant by any person on 37

account of another.81. Penalty for attempts or abetment. 3782. Breach of licence, permit, etc. to be an offence. 3783. Penalty for conspiracy. 3784. Penalty for being found drunk in any drinking house. 3785. Penalty for being drunk and for disorderly behaviour. 3786. Penalty for allowing any premises to be used for purpose 38

of committing an offence under Act.87. Penalty for chemist, druggist or apothecary for allowing 38

his premises to be used for purpose of consumptionof liquor.

88. Penalty for issuing false prescriptions. 3989. Penalty for maliciously giving false information. 3990. Penalty for offences not otherwise provided for. 3991. Demand for security for abstaining from Commissioner 39

of certain offences.92. (Deleted) 3993. Demand of security for good behaviour. 3994. Execution of bonds in respect of minors. 4095. Punishment for vexatious search seizure or arrest. 4096. Punishment for vexatious delay. 4097. Punishment for abetment for escape of persons arrested. 40

(6)98. Things liable to confiscation. 4199. Return of thing liable to confiscation to bona fide owners. 41

100. Procedure in confiscation. 41101. Power of Collector, etc., to order sale or destruction of 42

articles liable to confiscation.102. Forfeiture of any publication containing advertisement 42

or matter soliciting use of intoxicants.103. Presumption as to commission of offences in certain case. 42

103A. (Deleted) 43104. Compounding of offences. 43

104A. Bombay Probation of Offenders Act, 1938, and 43section 562 of Code of Criminal Procedure, 1898, not toapply to persons convicted of offence under this Act.

CHAPTER VIII Excise Duties.105. Excise Duties. 44106. Manner of levying excise duties. 45107. (Deleted) 46

107A. Declaration of stock of articles mentioned in section 24A : 46 maintenance of account and submission of returns.

107B. Power to obtain information and to search and seize 46excisable articles.

108. Penalty for import, export, etc., of intoxicant without 47payment of duty.

109. Duty on tapping of toddy trees. 47110. Duty by whom payable. 47111. Owner of trees entitled to assistance for duty paid. 47112. Privilege of drawing toddy from trees belonging to 47

Government.113. (Deleted) 47114. Recovery of duties, etc. 47

CHAPTER IX Powers and Duties of Officers and Procedure.115. Magistrates power to impose enhanced penalties. 48116. Procedure to be followed by Magistrates. 48

116A. Tender of pardon to accomplice. 48117. Investigations, arrests, searches, etc., how to be made. 49118. Procedure of Code of Criminal Procedure relating to 49

cognizable offences to apply.

(7)119. Certain offences to be non-bailable. 49120. Power of entry and inspection. 49121. Power to open packages, etc. 50122. Power to require production of licences. 50123. Arrest of offenders and seizures of contraband articles. 51124 Power to obtain information. 51125. Power to seize intoxicants, etc. 51126. Arrest without warrant. 51127. Arrest of offenders failing to give names. 52128. Issue of warrants. 52

128A. Certain provisions to apply to denatured spirituous 53preparations.

129. Prohibition officers may be empowered to investigate 53offences.

129A. Power to require persons to submit to medical 53examination, etc.

129B. Documents or reports of registered medical practitioner, 54etc. as evidence.

130. Arrested persons and things seized to be sent to officer- 54in-charge of police station.

131. Bail by Prohibition officer. 54132. Articles seized 55133. Duty of Officers of Government and local authorities to 55

assist.134. Offences to be reported. 55135. Landlords and others to give information. 55136. [Deleted.] 56

CHAPTER X- Appeals and Revision.137. Appeals. 56138. Revision 56

CHAPTER XI- Miscellaneous139. General powers of State Government in respect of 56

licenses, etc.140. Power of State Government to prohibit, regulate or 58

control consumption or use of intoxicants, etc., inpublic place.

141. Employment of addition police. 58142. Power of Collector to close places where intoxicant or 59

hemp is sold in certain cases.

(8)

143. Power of State Government to make rules. 59144. Commissioners powers to make regulations. 63145. Officers and person acting under this Act to be public 64

servants.

146. Bar of proceedings. 64146A. Limitation of prosecutions or suits against officers. 64146B. Provisions of Act not to apply to Government. 65

147. Provisions of this Act not to apply to import or export 65across customs frontier.

148. Repeal and amendments. 65149. Further repeals and savings consequent on commence- 66

ment of Bom. XXV of 1949 in other areas of State.

SCHEDULE I -A.SCHEDULE ISCHEDULE II.SCHEDULE III.

(9)INDEX

PART II

RULES, REGULATIONS, NOTIFICATIONS AND ORDERS ISSUED UNDERTHE BOMBAY PROHIBITION ACT, 1949

Para No. Subject in Short Section under Page No.which issued

CHAPTER I- Date of Application of Act.1. Date of application of the Bombay S.92(1) of G. of 70

Prohibition Act, 1949 (Bom. XXV of India Act, 1935.1949) to the then province of Bombay.

2. Date of commencement of the Bombay S. 1 (3) 70Prohibition Act, 1949 (Bom. XXV of1949).

3. Date of enforcement of the Bombay S. 1(3) 70Prohibition (Extension and Amendment)Act, 1959 (Bom. XXII of 1959).

4. Date of commencement of the Bombay S. 1(2) of XXIII 70Prohibition (Amendment) Act, 1959 of 1960.(Bom. XXII of 1960).

5. Date of application of the Bombay S. 1 (3) 71Prohibition Act, 1949 (Bom. XXV of1949) to the outstillk area of theChanda district.

6. Date of commencement of the S. 1(2) of LII of 71Maharashtra Director of Prohibition 1973.and Excise (Change in Designation)Act, 1973 (Mah. LII of 1973).

7. Date of commencement of the Bombay S .1(2) XXXIII 71Prohibition (Amendment) Act, 1972 of 1972.(Mah. XXXIII of 1972).

CHAPTER II- Molasses8. The Bombay Molasses Rules, 1955. S.143 72

9. Holders of licences in form M-I to issue 101permit in form M-VI.

10. Holders of licences in form M-IV 101exempted from provision of Rule 21 ofthe Bombay Molasses Rules, 1955.

(10)11. Exempting distilleries from selling S. 139 (1) (c) 101

molasses or wash to ExecutiveEngineer, Field Unit Division, Bombay.

12. Exempting Executive Engineer, Field S. 139 (1) (c) 101Unit Division, Bombay from provisionof section 27 of the Bombay ProhibitionAct, 1949.

13. Rate of Supervision charges on S. 58-A 101molasses transported / exported toother state etc.

14. The Maharashtra Molasses Storage S. 144 (1) (a) 102and Supply Regulations, 1965. and (b)

15. Specifying permitted quantity of Rule 41 of the 104molasses for domestic purpose. Bom. Molasses

Rules, 1955.

CHAPTER III- Mhowra Flowers16. The Bombay Mhowra Flowers S.143 105

Rules, 1950.

17. Order specifying person to whom S. 139 125licences for possession of MhowraFlowers exceeding prescribed limitcan be granted.

18. Requirement of transport pass when S. 60(2) 125Mhowra Flowers are transportedthrough area in which no vacationperiod or vacation period expired.

19. Prescribing limit in weight of Mhowra S.143(1) 126Flowers for the purpose of Section 60(2)of the B.P. Act., 1949.

20. The Bombay Prohibition (Mhowra S. 143 (1) 126Flowers) Prescribed Limit in WeightRules, 1963.

21. Prescribing vacation periods, for S. 60(2) 128certain areas in the State.

22. Prohibiting grant of import passes S.139(1) 129for Mhowra Flowers without priorapproval of Commissioner.

CHAPTER IV- Neera23. The Bombay Neera Rules, 1951. S. 143 129

24. Permitting possession and transport of Conditions 6 of 152one litre of Neera without permit or pass N-III licenceby person above 21 years of age.

(11)25. Investing with powers the holders S. 6 152

of N-IV licences to issue pass fortransport of Neera to persons holdinglicence in Form N-I or Form N-III

26. Exempting from provisions of certain S. 139 (c) 152conditions of licence in Form N-III, theMarketing Officer, Palm Gur Sectionof the All India Khadi and VillageIndustries Board, Bombay.

27. The Maharashtra Neera (Import) S. 139 (1) (b) 153Order, 1974.

28. The Neera ( Consumption) Order, 1958 154 (Cancelled)

CHAPTER V-Toddy29. The Maharashtra Toddy Shops S. 143 (2) 154

(Licensing) and Toddy Trees (Tapping)Rules, 1968.

30. The Maharashtra Toddy Shops (Grant S. 139 (1) (k) (l) 184of Licences by Auction-cum- Tender) & (m) Order, 2001.

31. Auction and Tender System for issuing S.139(1)(c) 193toddy licence in Form T.D.I., suspendedfor 4 year w.e.f. 1st September.

32. Order rescinding exemption from S.139(1)(c) 193provisions of Toddy rules and Order.

33. Remission of Tree Tax on Toddy S. 139(1)(d1) 193Producing Trees.

34. Prescribing rates of duty on toddy S. 109 (1) 194producing trees from which toddy isdrawn.

35. Investing the holders of licences for S. 6(2) 194retail sale of toddy, with powers underSection 28, to issue passes in FormTD-3 for transport of toddy.

36. Exempting toddy containing not S. 25 194more than five per cent of alcohol byvolume from certain provisions ofSections 12(c) & (d) and 13 (b)

37. Directions to close down the toddy Rule 5A of 195shops in Pandharpur Town of Toddy Rules.Sholapur district during the festivalof Ashadhi and Kartiki Ekadashi.

(12)38. The Maharashtra Toddy Shops S. 143(2) (b) (c) 195

(Licensing in Tribal Areas) and Toddy (f) (g) (h1) (i)Trees (Tapping in Tribal Areas) (k) (l) (13) & (u)Rules, 1981.

39. The Toddy (Manufacture, Possession Ss. 143 (2), 218and Consumption) Rules, 1961. 52 & 53.

40. Prescribing rate of duty on toddy S. 109 (1) 226producing trees in Chanda district.

CHAPTER VI- Rectified Spirit

41. The Bombay Rectified Spirit Rules, 1951 S. 143 227

42. The Bombay Rectified Spirit S. 143 282(Transport in Bond) Rules, 1951.

43. Authorising the Commissioner to S. 143 & 107 293remit excise duty leviable on rectifiedspirit required by Hakeems or Vaidyas.

CHAPTER VII- Spirituous Preparations

44. The Bombay Spirituous Preparations S. 143 297(Manufacturing) Rules, 1955

45. The Bombay Medicinal and Toilet S. 143 302Preparations (Use of Liquor)Rules, 1955

46. The Bombay Toilet Preparations S. 143 308(Sales) Rules, 1954.

47. The Bombay Spirituous Medicinal S. 143 313Preparations (Sale) Rules, 1954.

48. The Maharashtra Spirituous S. 143(2) (b) 325Preparations (Import and Export)Rules, 1963.

49. The importer or manufacturer or S. 143 (2) (v) & 342articles determined as unfit for use S. 107-Aas intoxicating liquor has to declarethe stock and maintain accounts etc.

50. The Bombay Prohibition (Board of Ss. 143 & 6A. 346Experts) Rules, 1954.

51. List of preparations declared by S. 6A (6) 347Government as fit for use as intoxicat-ing liquor.

(13)52. Delegation of powers under S. 10 354

Section 58-A to the Commissioner inrelation to manufacture of medicinaland toilet preparation containingalcohol.

53. Direction of the Commissioner that the S.58-A 354manufacture of medicinal and toiletpreparations containing alcohol shallbe under excise supervision.

CHAPTER VIII- Denatured Spirit & DenaturedSpirituous Preparations.

54. The Bombay Denatured Spirit S. 143 355Rules, 1959.

55. Prescribing form of licence authorising S. 143 432storage in bond and sale for export bysea outside India in bond of denaturedspirit.

56. The Maharashtra Denatured Spirituous S. 143 (2) & 434Preparations Rules, 1963. 59- D

57. Exempting certain denatured spirituous S. 139 (d) 464Preparations from the provisions ofSection 59-C and 59-D.

58. Exempting all denatured spirituous S. 139 (d) 464preparations from the provisions ofSections 59-C and 59-D so far as theyrelate to possession and transport.

59. Exempting certain denatured spirituous S. 139 (1) (d) 464preparations from provisions ofSection 59-D (1) (b) in respect of export.

59-A Exempting denatured spiritious preparat- 464ions excluding french polish, thinnersand varnishes (other than picturevarnishes) from provisions of clause (b)of sub-section (1) of section 59-D.

CHAPTER IX- Country Liquor60. The Maharashtra Country Liquor S. 143 (2) (a) 465

Rules, 1973. read with Ss.11 & 52.

61. The Maharashtra Country Liquor S. 143 (2) 540(Ceiling on Wholesale Price)Rules, 1973.

62. The Maharashtra Country Liquor S. 143 (2) 540(Ceiling on Retail Price) Rules, 1973. (h1) (ii)

63. The Maharashtra Country Liquor S. 143 (2) 540(Ceiling on Ex- Manufactory Price)Rules, 1989.

(14)64. The Maharashtra Country Liquor S. 143 (2) (h1)(ii) 540

(Ceiling on Wholesale Price, RetailPrice and Ex-manufactory Price)(Repeal) Rules, 1993.

65. The Maharashtra Country Liquor S. 143 (2) (b) 540(Import and Sale by Wholesale) (f) (g) (h-1)Rules, 1975. (k) (u)

66. Investing the officers of Food and S. 6 (1) 565Drug Administrations, MaharashtraState, with powers under Section 122in respect of inspection of countryliquor licences and drawing ofsamples for testing purpose.

67. Chemical analyser for the purpose . . 566of C.L. Rule, 1973.

68. Investing holder of C.L.II licences for S. 6 (2) 566wholesale sale of country liquor, toissue passes in Form C. L. XVII fortransport of country liquor.

69. Exempting holders of C. L. II licences S. 139 (1) (c) 566from the provisions of rule 18 of theMaharashtra Country Liquor Rules,1973.

70. Exempting the Superintendent, S. 139 (1) (c) 567Government Distillery Chitali fromprovisions of rule 5 of the MaharashtraCountry Liquor Rules, 1973.

71. Exempting country liquor produced S. 139 (1) (d) 567from spirit distilled from bases otherthan molasses and blended countryliquor from the provisions of ceilingon prices.

72. Rates of excise duty on country S. 105 567liquor transported or imported forconsumption to or into any place inthe State of Maharashtra.

73. Rates of excise duty on country liquor S. 105 568transported from a manufactory to,or imported into any place in the Stateof Maharashtra. (Superceded byG.N.H.D. dated 13-9-1996).

74. Order prohibiting the grant of licences S. 139 (1) (a) 569in Form C. L. I. for manufacturingcountry liquor.

(15)75. Specifying Chemical Analysers under S. 143 569

the Maharashtra Country LiquorRules, 1973.

CHAPTER X- Foreign Liquor(A) Manufacture

76. The Maharashtra Distillation of Spirit S.143 (2) 570and Manufacture of Potable LiquorRules, 1966.

77. Prescribing a form of licence in which S.143 653the Director of Prohibition and Excisewas authorised to grant a licence forworking a distillery and manufactureof spirit. (Has become absolute)(omitted).

78. The Maharashtra Manufacture of S.143 (2) 653Beer and Wine Rules, 1966.

(B) Descriptions of Country Liquordeclared as Foreign Liquor.

79. Certain descriptions of country liquors S. 2 (17) 691declared as foreign liquor for thepurpose of the Act.

80. Declaring certain country liquor S. 2 (17) 691manufactured by M/s. Bharath (Goa)Fruit Distilleries, Goa, as foreign liquorfor the purpose of the Act.

81. Declaring certain country liquor S. 2 (17) 691manufactured by M/s. Real BottlingFactory Pvt. Ltd. Panjim.

82. Declaring certain country liquor S. 2 (17) 691manufactured by M/s. New GoaDistillery, Margaon, Pernem as foreignliquor for the purpose of the Act.

(C) Licensing, Import, Export, Fees etc.83. The Bombay Foreign Liquor Rules, 1953 S. 143 692

84. The Maharashtra Draught Beer (Retail S.144 (1) 803Sale) Regulations, 1995.

85. The Maharashtra Foreign Liquor S. 143(1) & (2) 803(Storage in Bond) Rules, 1964

86. Prohibiting the grant and renewal of 812licence in form B.W.I.

(16)87. The Maharashtra Foreign Liquor S. 144 (1) (a) & 812

(Storage and Supply) Regulations, 1964. (b)88. The Maharashtra Foreign Liquor S. 143 (2) 813

(Sale on Cash Register of Sales, etc.)Rules 1969.

89. The Special Permits and Licences S. 143 841Rules, 1952.

90. The Maharashtra Foreign Liquor S. 143(2) 867(Import and Export) Rules, 1963.

91. The Maharashtra Indian Made S. 143 923Foreign Liquor (Transport and Exportunder Bond) Rules, 1968.

92. The Bombay Foreign Liquor and S. 143 (2) (b), 935Rectified Spirit (Transport Fees) (f) and (u)Rules, 1954.

93. Prohibiting the sale of foreign liquor S. 143 (2) (k) 938to certain permit holders.

94. Constitution of Medical Boards of S. 8 938I.M.F.L. permits.

95. Conditions for removal of medicated S. 143(2) (b) 939or tonic wine from port of LandCustom Station etc.

96. Direction to close down the licensed R. 9 of M.F.L. 939premises of F. L. Trade and Import (Sale on cash,and Vendors licences during elections. Register of sales)

Rules, 1969.

97. Directions to close the E bar licences Condition 1(b) 940during Ashadhi and Kartiki Ekadashi of E licenceFestivals, in Pandharpur of Sholapurdistrict.

98. Directions to close down the Vendors R. 9 of M.F.L. 940shops in Pandharpur Town of Sholapur (Sale on Cashdistrict during Ashadhi and Kartiki etc.) Rules,Ekadashi festivals. 1969.

(D)- Delegation / Investment of powers99. Delegation of powers to the Commi- S.10 (1) 941

ssioner to refund Excise Duty andTransport Fee paid on Indian Made Foreign Liquor exported from theState.

(17)100. Delegation of powers to Collectors to S.10 (1) 941

approve feeder godowns in respect offoreign liquor vendors licensees intheir respective jurisdiction.

101. Delegating powers to Collectors to S.10 (1) 941grant and renew licence in Form BRLfor manufacture of wine.

102. Directing the Collectors to obtain S. 139 (1) (g) 941prior approval of the Government for and (n)granting F. L. III licencees under theBombay Foreign Liquor Rules, 1953.(Revoked by G.N. of 17-2-1989).

103. Appointing certain officers of Prohibi- S. 4 (3) 941tion and Excise to perform functionsof the Forms F.L. X-C and F.L. X-D underBombay Foreign Liquor Rules, 1953.

104. Appointing certain officers of Prohibi- S. 4 (3) 942tion and Excise to exercise powers andperform functions of Collectors toissue passes for transport-in-bond orexport-in-bond for I.M.F.L.

105. Authorising the Director and Article 258-A 942Assistant Director Government of of ConstitutionIndia Tourist Office, Bombay to Granttourists permits.

105-A Investing the Manager and the Accoun- S. 6(2) 942tant of the Royal Bombay SeamensSociety with powers to grant visitorspermits.

(E) Exemptions and Remittances

106. Exempting the Managers of M/s. Taj S. 139 (c) 943Mahal and M/s. Greens Hotel, Bombayfrom observance of certain provisionsof the Bombay Foreign Liquor Rules,1953.

107. Exempting the Trustees of the Port of S. 139 (c) 943Bombay from certain provision ofSection 12(c) and (d).

108. Remitting wholly the fees leviable on S. 139 (1) (d1) 943foreign liquor imported by holders ofspecial permits holders underSection 46-A, upto 750 ml.

(18)109. Exempting certain liquor permit holders S. 139 (1) (c) 944

and certain licenses, from provisionsof the Act and certain rules, in respectof foreign liquor.

110. Exempting persons eligible for permits S. 139 (1) (c) 945under Section 41 or 46-A and visit theState as State Guest, from observanceof certain provisions of the Act andrules.

111. Exempting certain categories of permit S. 139 (1) (c) 946holders from observance of provisionsof the Act so far they relate of offeringof liquor to other permit holders etc.

112. Exempting Hotel Licensees from certain S. 139 (1) (c) 947provisions of the Directors regulations(Repealed).

113. Exempting persons eligible for Special S. 139 (1) (c) 947Permits under section 41 and visitingthe State for not more than 10 days,from, certain provisions of theAct.

114. Exempting the Officer-in-charge of the S. 139 (1) (c) 948shops at Santa Cruz Air Port andIn-transit and outgoing passengersfrom certain provisions of the Actsubject to certain conditions.

115. Exempting holders of Vendors, Hotel S. 139 (1) (c) 949and Club licences under the BombayForeign Liquor Rules, 1953 fromcertain provisions of their licenceconditions.

116. Exempting person who is not a citizen S. 139 (1) (c) 949of India from certain provisions ofthe Act and exempting holders ofVendors, Trade and Import, Hotel andClub licences from provisions of theBombay Foreign Liquor Rules, 1953,relating to sale of foreign liquor.

117. Exempting the Manager, Aurangabad S. 139 (1) (c) 950Hotel of Government of India TourismDevelopment Corporation fromrequirement of payment of deposit.

(19)118. Exempting Star Hotels, holding licences S. 139 (1) (c) 950

in Form F.L.III, from certain provisionsof the Maharashtra Foreign Liquor(Sale on Cash, Register of Sales etc.)Rules, 1969 and the Special Permitsand Licences Rules, 1952.

118-A Exempting the Three Star, Four Star, S. 139 (1) (c) 951and Five Star Hotels & Restaurentapproved by Tourism Deptt. of Govt.of India from the operation of sub-rule(1C) of rule 45 of Bombay ForeignLiqour Rules, 1953.

119. Exempting Import, transport etc. of S.139 (1) (c) 951Fenny and / or Wine.

120. Remission of Special Fee on Concen- S.139 (1) (d1) 951trates of Foreign Liquor importedacross Customs Frontier.

121. Remission of Special Fee on Concen- S.139 (1) (d1) 951trates of Wine or Bulk Wine importedacross Customs Frontier.

122. Remission of Excise Duty for the S.139(1) (d1) 951Wineries of the State on winesproduced without addition of alcohol.

(F) Armed Forces123. Authorising certain Armed Forces S. 28 954

Officers to grant passes for transportand export of foreign liquor subject tocertain conditions.

124. Permitting, subject to certain conditions, S. 39 954sale of foreign liquor to and the use orconsumption of such liquor by themembers of the Armed Forces inmilitary or naval messes and canteens.

125. Military Vendors licensees are S. 139 (1) (c) 955permitted to sell foreign liquor tomilitary and naval messes and canteensalthough such canteens/messes maynot hold licence.

126. Prescribing licence for import, export, S. 139 (b) 955transport of I.M.F.L. (Rum) or sale byOfficers Commanding to Army orNaval Supply Depots or VictuallingYard.

(20)127. Exempting Officers Commanding of S. 139 (1) (c) 958

Armed Forces from provisions of G.N.,R. D. No. PRT 1857 / 169563, dated18th October, 1958 in certain respectand from payment of excise duty.

128. Subject to certain conditions, remitting S. 139 (1) (d1) 958excise duty in excess of Rs. 20.00 perproof litre of alcohol contents of I. M.F. L. (Rum) supplied to armed forces.

129. Remitting excise duty in excess of the S. 139 (1) (d1) 958rate mentioned in the Schedule, onforeign liquor supplied to ArmedForces, through M/s. Canteen StoresDepartment (I). (i. e. rates of exciseduty charged to armed forces).

130. Exempting Ex-Servicemen from certain S.139(1)(c) 959provisions of the Bombay ForeignLiquor Rules, 1953.

CHAPTER XI- Maximum Retail Price andExcise Duties

131. The Maharashtra Potable Liquor S.143(2)(h1)& 960(Fixation of Maximum Retail Prices) S.53Rules, 1996.

132. Specifying rates of Excise Duty or S. 105 967Countervailing Duty on ExcisableArticles.

132-A. Specifying dates of implimentation S. 105 971of ad-valorem based duty Structure.

CHAPTER XII- Sacramental Wine

133. The Bombay Sacramental Wine S. 143 972Manufacturing Rules, 1950.

134. The Bombay Sacramental Wine Rules, S. 143 9841950.

135. Religious Heads or other persons S.143 990approved by Government for issuingCertificates of recommendations forSacramental Wine or Liquor.

(21)CHAPTER XIII-Blood Test

136. The Bombay Prohibition (Medical S. 143 (2) 991Examination and Blood Test) Rules,1959.

137. Appointing Officers to test blood S. 129A (1) 996forwarded to them by the authorisedMedical practitioners.

138. Empowering officers of Prohibitions S. 129A (1) 996and Excise Department of exercisepowers under section 129A (1).

139. Authorising R. M. Ps. of State S. 129A (1) 996Government allopathic hospitals anddispensaries for the purpose ofSection 129A(1).

140. Authorising R. M. Ps. of (1) Khan S. 129A (1) 996Bahadur Hospital, Kurla and(2) Khurshedji Beharamji BhabhaHospital, Bandra for the purposeof Section 129 A(1).

141. Authorising all R. M. Ps. of Zilla S. 129A (1) 997Parishads hospitals and dispensariesfor the purpose of Section 129A(1).

142. Authorising all R. M. Ps. of Municipal S. 129A (1) 997dispensaries in the State for thepurpose of section 129A(1).

143. Authorising all female R. M. Ps. of S. 129A (1) 997State Government hospitals anddispensaries for the purpose ofSection 129A(4).

144. Authorising all female R. M. Ps. of S. 129A (1) 997(1) Khan Bahadur Bhabha Hospital,Kurla and (2) Khurshedji BeharamjiBhabha Hospital, Bandra for thepurpose of Section 129A(4).

145. Authorising all female R.M.Ps. of Zilla S. 129A (4) 997Parishads hospitals and dispensariesin the State for the purpose ofSection 129 (A) (4).

(22)146. Authorising all female R. M. Ps. of S. 129A (4) 997

Municipal dispensaries in the Statefor the purpose of Section 129 A (4).

CHAPTER XIV- Intoxicating Drugs

147. Declaring certain substances as S. 2 (23) (d) 998intoxicating drugs.

148. Prescribing rates of excise duty on S. 105 998opium, Ganja and Bhang.

149. Exempting persons holding opium S. 139 (1) (c) 998permits issued by the concernedState Excise Authorities and visitingthe State of Maharashtra, from certainprovisions of Sections 17 (a) (b) (c)and (e) and 105 (1) (c).

150. Exempting the principal, Ayurved S. 139 (1) (c) 999Mahavidhyalaya, Pune from provisionsof Section 14 (b) in respect ofcultivation and collection of bhang.

151. Entrusting certain officers of the Article 258-A 999Naracotic Department of the of ConstitutionGovernment of India, the functionsunder Section.

152. The Ganja and Bhang Rules, 1953 S.143 999(Repealed).

153. The Bombay Opium Rules, 1953 Ss. 49 and 143 999(Repeated).

154. The Maharashtra Poppy Capsules S. 143 (2) 999Rules,1961 (Repeated).

155. The Bombay Prohibition (Drugs Permit) S. 143 (2) 1000Medical Board Rules, 1954. (Repeated).

156. Methanol and Chloral Hydrate to be 1000intoxicant for the purpose of theBombay Prohibition Act, 1949(Cancelled w.e.f. due of its publication).

CHAPTER XV- Common Notifications& Orders.

157. The Bombay Prohibition (Privileges S. 143 (2) (u) 1000Fees) Rules, 1954.

(23)158. Prescribing Special Passes for the SS. 143 and 53 1004

import / export / transport ofintoxicants / hemp / mhowra flowers/molasses.

159. Prohibiting employment of certain S. 143 (2) (i) 1007category of persons by holders oflicences for sale of intoxicants mhowra flowers or molasses.[Superceded by the followingnotification].

160. Regulation of Employment by the S. 143 (2) (i) 1007Licence-Holders rules, 1996

161. Prohibiting the grant of certain S. 139 (1) (a) 1008licences in Wardha district from25th April, 1975.

162. Prohibition in Gadchiroli District. 1009

163. Prohibiting the grant of permits for S. 139 (1) (a) 1009foreign liquor and country liquor inForms F.L.X-B and C.L. XXIVrespectively.

164. The Bombay Prohibition (Restriction S. 139 (1) (a) & 1009on Grant of Licences) Order, 1980. (n)

165. The Bombay Prohibition (Restriction S. 139 (1) (a)& 1011on Renewal or Re-grant of Licences) (n)Order, 1980.

166. Prohibiting the grant of certain S. 139 (1) (a) 1013licences in Tribal Areas of the State.

167. Exempting tribals, residing in Tribal S. 139 (1) (c) 1017Areas from certain operations of and (d)Sections 12 and 13 (b) and (c) inrespect of their own local traditionaldrinks brewed etc.

168. The Maharashtra Through Transport Ss. 143 (2) and 1019Rules, 1997. 29.

169. Exempting from provisions of S. 139 (1) (d) 1025Section 105, the excisable articlestransported in accordance with the provisions of the MaharashtraThrough Transport Rules, 1962.

(24)170. Exempting advertisements of certain S. 24 (2) (d) 1025

intoxicants from operation ofSection 24(1)(a).

171. Exempting certain intoxicants from S.139 (d) 1025provisions of Sections 12 (c) and (d)and 13(b).

172. Certain preparations containing alcohol S.25 1027upto certain percentage are exemptedfrom certain provisions of varioussections of the Act.

173. Elimination of pies in the recovery of S.143 1028Excise Revenue.

174. The Bombay Prohibition Consficated S.144 (1) (i) 1028 or Forfeited Articles (Disposal)Regulations, 1953.

175. The Bombay Prohibition Intoxicants S.144 (1) (h) 1032(Destruction) Regulations, 1954.

176. Prescribing licence for sale of Rotten S.139 (b) 1033Gur or/and rotten dates. (Cancelled).

177. The Bombay Prohibition (Closure of S.139 (1) (2) 1033Licence on Resolution by the VillagePanchayat or Gram Sabha or Women /Social Organisation or Representationby Voters in the village or ward ofMunicipal Council / Corporation)Order, 2003. [Superceded by following Order]

178. The Bombay Prohibition (Closure of S.139 (1) (2) 1033Licence on Resolution by Gram Sabhaor Representation by Voters in thewar of Municipal Council/ Corporation)Order, 2008.

179. The Maharashtra Potable Liquor S.143; S.53; 1036(Periodicity and Fees for Grant, S.49Renewal or Continuance of Licences)Rules, 1996.

CHAPTER XVI - Powers180. Investing Officers of the various S.6 1038

Departments with powers under variousSections of the Act.

(25)181. Authorising various officers of various Ss. 28,30,31, 1047

Departments to exercise powers, 32 etc.discharge duties and perform functionsunder various Sections of the Act.

182. Delegating powers under certain S.10 1053Sections of the Act to the Commissio-ner and the Collectors, includingpowers under Section 104.

183. Empowering all salaried Presidency S.93 1055Magistrates under Section 93 of theAct.

184. Specifying the rank of Prohibition S.127 (1 ) 1055Officer for the purpse of Section 127 (1)

185. Appointing Additional Collectors to S.4 1055exercise all powers and to performall duties or functions assigned toCollectors, under the Act.

186. Investing Officers of Police and S.6 1055Prohibition Departments with powersunder Sections 100 and 101 of the Act.

CHAPTER XVII Appeals and Revisions.

187. The Bombay Prohibition (Appeal) S.143 1056Rules, 1953.

188. Investing the Secretary to the Gover- S.6 1058nment , Home Department (Transport),In-charge of Prohibition Division, withall powers, duties and functions of theState Government under Sections 137 (1),(2) and 138.

189. Investing Secretary to the Government, S.6 1058Home Department (Transport) with thepowers, under Sections 54(3), 137 (1) , (2) and 138.

190. Discontinuation of powers of Secretary S.6 1058to the Government, Home Department(Transport) under Sections 54(3),137 (1), (2) and 138.

(26)PART III

CONTENTS

Sr. No . Subject Matter Page No.

1. The Bombay Molasses (Control) Act, 1956 1060.

2. Date of enforcement of the Act. 1066

3. The Bombay Molasses (Sale, Supply and Price) Control 1066Order, 1960 (rescinded w.e.f. 22-6-1993)

4. The Maharashtra Molasses Fund Utilisation Order, 10661976 (rescinded w.e.f. 22-6-1993)

5. The Molasses Control Order, 1961 (rescinded w.e.f. 106710-6-1993)

6. The Ethyl Alcohol ( Price Control) Order, 1971 (rescinded 1067w.e.f. 10-6-1993)

11949 : Bom. XXV] Bombay Prohibition Act, 1949

BOMBAY ACT NO. XXV OF 19491[ THE BOMBAY PROHIBITION ACT, 1949 ]

(This Act received assent of the Governor General on the 15th May 1949; assent was firstpublished in the Bombay Government Gazette on the 20th May, 1949.)

Adapted and modified by the Adaptation of Laws Order, 1950.Amended by Bom. 28 of 1950. 26 of 1952. 18 of 1953. 67 of 1953. 21 of 1954. 36 of 1954. 64 of 1954. 20 of 1955.

Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects)Order, 1956.

Amended by Bom . 12 of 1959. 22 of 1960.

Adapted and modified by the Maharashtra Adaptation of Laws (State and ConcurrentSubjects) Order, 1960.

Amended by Mah. 46 of 1962. Mah. 33 of 1972. Mah. 52 of 1973 (14-1-1974)* Mah. 70 of 1981 (23-10-1981 )*@Amended by Mah. 9 of 1997 (4-9-1996)@@ Mah. 46 of 1997 Mah. 18 of 1998 Mah. 35 of 2000 (16-11-2001)$ Mah. 52 of 2005 (19-11-2005)*@@@ Mah. 29 of 2006 ( )$$

An Act to amend and consolidate the law relating to the promotion andenforcement of and carrying into effect the policy of Prohibition

and also the Abkari law in the 2[State] of Bombay.WHEREAS it is expedient to amend and consolidate the law relating to the promotion and enforce-ment of and carrying into effect the policy of Prohibition and whereas it is also necessary to amendand consolidate the Abkari law in the 2[State] of Bombay for the said purpose and to provide forcertain other purposes hereinafter appearing; It is hereby enacted as follows:

1 CHAPTER IPreliminary

1. (1) This Act may be cited as the Bombay Prohibition Act, 1949.3[(2) It extends to the whole of the 4[State of Maharashtra].** (3) It shall come into force 5[in the area comprising the pre-Reorganisation State of Bombay]

on such date as the 6[State] Government may by notification in the Official Gazette 7[specify].

Short titleextent andcommence-

ment

1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1948, Part V, page 655.2 This word was substituted for the word Province by Bom. 12 of 1959, s. 4.3 This sub-section was substituted for the original, ibid. s. 5 (a).4 These words were substituted for the words State of Bombay by the Maharashtra Adaptation of Laws (State and

Concurrent Subjects) order, 1960.5 These words were inserted by Bom. 12 of 1959, s. 5 (b) (l).6 This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.7 This portion was substituted for the word specify by Bom. 12 of 1959, s. 5 (b) (ii).t This Act was extended to those areas of the State of Bombay to which immediately before the commencement of Bom. 12

of 1959, it did not extend (vide Bom. 12 of 1959, s. 2).**Sub-section (3) shall stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects)

Order, 1960.@ Maharashtra Ordinance No. XV of 1981 was repealed by Mah. 70 of 1981, s. 5.* This indicates the date of commencement of Act.@@ Maharashtra Ordinance No. XII of 1996 was repealed by Mah. 9 of 1997, s. 48 (l).$ This Act came into force on 16-11-2001 vide G. N. No. H.D., BPA-1098/8/EXC-2, dated the 16th October 2001.@@@ Maharashtra Ordinance No. XI of 2005 was repealed by Mah. 52 of 2005, s. 38 (l).$$ This Act came into force on 2006 vide G. No. H.D., BPA/EXC-2, dated the 2006.

2 Bombay Prohibition Act, 1949 [1949 : Bom. XXV

In those areas of the State to which it is extended by the Bombay Prohibition(Extension and Amendment) Act, 1959, it shall come into force on such other date thatGovernment may, by like notification, appoint:

Provided that having regard to the nature of the outstill area of the Chanda District, thegeneral backwardness of the people residing therein, and the necessity of preparing anadequate background before the introduction of prohibition therein, the StateGovernment may, if it thinks fit, fix a different date for bringing the Act into force inthat area.

Explanation. In this sub- section the expression outstill area of the ChandaDistrict means the areas of the Chanda District specified in Schedule I-A.]

*1 [(4) On the commencement of this Act in the manner provided in sub-section (3)in any area to which this Act is extended by the Bombay Prohibition (Extension andAmendment) Act, 1959, all rules, regulations, orders and notifications made or issuedor deemed to be made or issued under this Act and in force in the pre-reorganisationState of Bombay excluding the transferred territories immediately before suchcommencement, shall also extend to, and be in force in that area].

2. In this Act, unless there is anything repugnant in the subject or context,(1) authorization means an authorization granted under section 45 for the use of

liquor for sacramental purposes;(2) to bottle with its various grammatical variations, means to transfer any article

from a cask or other vessel to a bottle, jar, flask, pot or similar receptacle for the purposeof sale, whether any process of manufacture be employed or not; bottling includes re-bottling.

2* * * * *

3[(4) Collector includes an officer appointed by the State Government to exercise allor any of the powers and to perform all or any of the duties or functions of aCollector under this Act;]

4[(5) Commissioner means an officer appointed as the Commissioner of Prohibitionand Excise under section 3 of the Act and includes any officer on whom the State Govern-ment may confer all or any of the powers of the Commissioner under this Act;]

(6) committee 5[or board] means 6[a committee or board] appointed by the 7[State]Government under section 7;

(7) Common drinking house means a place where the drinking of liquor orconsumption of any intoxicating drug is allowed for the profit or gain of the personowing, occupying, using, keeping or having the care of management or control of suchplace whether by way of charge for the use of the place or for drinking facilitiesprovided, or otherwise howsoever and includes the premises of a club or any otherplace which is habitually used for the purpose of drinking liquor or consuming anyintoxicating drug by more than one person without a licence granted under this Act;

Bom.XII of1959.

Definitions.

1 This sub-section was added by Bom. 12 of 1959, s. 5 (c).2 Clause (3) was deleted by Bom. 22 of 1960, s. 2 (a).3 Clause (4) and (5) were substituted for the original by Bom. 12 of 1959, s. 6 (a).4 Clause (5) was substituted by Mah. 52 of 1973, s. 3, Sch.5 These words were inserted by Bom. 22 of 1960, s. 2 (b).6 These words were substituted for the words any of the committees, ibid.7 This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.* Sub-section (4) shall stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects)

Order, 1960.

Bom.XII of1959.


(8) country liquor includes all liquor produced or manufactured in India;1[(9) cultivation means raising a plant from seed and includes the tending or

protecting of a plant during its growth;](10) denatured means subjected to a process prescribed for the purpose of

rendering unfit for human consumption;2[(10a) denatured spirituous preparation means any preparation made with

denatured spirit 3[or denatured alcohol] and includes lacquers, French Polish andvarnish prepared out of such spirit or alcohol;]

4 * * * * *

(12) to drink with its grammatical variations means to drink liquor or to consumeany intoxicating drug;

(13) excisable article means(a) any alcoholic liquor for human consumption,(b) an intoxicating drug 5[or hemp],(c) opium,6[(d) other narcotic drugs and narcotics which the State Government may, by noti-

fication in the Official Gazette, declare to be an excisable article];(14) excise duty and countervailing duty means such excise duty or

countervailing duty, as the case may be, as is mentioned in 7 [entry 51 in list II in theSeventh Schedule to the Constitution];

(15) excise revenue means revenue derived or derivable from any duty, fee, tax,fine (other than a fine imposed by a court of law) or confiscation or forfeiture imposedor ordered under the provisions of this Act, or of any other law for the time being inforce relating to intoxicants;

(16) export (except in section 147) means to take out of the 8[State] otherwisethan across a customs frontier 9 * * * * * ;

(17) foreign liquor 10[means all liquor produced or manufactured outside India;]Provided that the 8[State] Government may by notification in the Official Gazette

declare, that any specified description of country liquor shall, for the purposes of thisAct, be deemed to be foreign liquor;

1 This clause was substituted for the original by Bom. 22 of 1960, s. 2 (c).2 Clause (10a) was inserted by Bom. 36 of 1954, s. 2.3 These words were substituted for the words or alcohol by Bom. 22 of 1960, s. 2 (d).4 Clause (11) was deleted, ibid., s. 2 (e).5 These words were added, ibid., s. 2 (f).6 This was substituted for clauses (d) and (e), ibid.7 This portion was substituted for the portion Item 40 in List II in the Seventh Schedule to the Government of India

Act, 1935 by the Adaptation of Laws Order, 1950.8 This word was substituted for the word pre-Reorgnisation State of Bombay excluding the transferred territories by

Bom. 12 of 1959, s. 3.9 The words as defined by the Dominion Government were deleted by Bom. 26 of 1952, s. 2.

10 These words were substituted for the words includes all liquor brought into India by sea, air or land; by Bom. 22 of 1960,s. 2 (g).


(18) hemp means any variety of the Indian hemp plant from which intoxicatingdrugs can be produced ;

(19) hotel licence means a licence granted under section 35 ;1[(19a) household means a group of persons residing and messing jointly as

members of one domestic unit, but does not include their servants ;]

(20) import (except in section 147) means to bring into the 2 [State] otherwisethan across a customs frontier. 3* * * *

(21) interim permit means a permit granted under section 47 ;

(22) intoxicant means any liquor, intoxicating drug, opium or any other substance,which the 4[State] Government may, by notification in the Official Gazette, declare tobe an intoxicant ;

(23) intoxicating drugs means

(a) the leaves, small stalks and flowering or fruiting tops of the Indian hempplant (Cannabis Sativa L) including all forms known as bhang, sidhi, or ganja

(b) charas, that is, the resin obtained from the Indian hemp plant, which has notbeen submitted to any manipulations other than those necessary for packing andtransport ;

(c) any mixture with or without neutral materials of any of the above forms ofintoxicating drug or any drink prepared therefrom ; 5 *

6[(d) any other intoxicating or narcotic drug or substance together withevery preparation or admixture of the same which the State Government may benotification in the Official Gazette, declare to be an intoxicating drug for thepurposes of the Act, such drug, substance, preparations or admixture, not being opiumcoca leaf or a manufactured drug as defined in section 2, of the Dangerous Drugs Act,1930 ;]

II of1930.

1 This clause was inserted by Bom. 22 of 1960, s. 2 (h).2 This word was substituted for the words pre-Reorganisation State of Bombay excluding the transferred territories, by

Bom. 12 of 1959, s. 3.

3 The words as defined by the Dominion Government were deleted by Bom. 26 of 1952, s. 2.4 This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.

5 The word and was deleted by Bom. 26 of 1952, s. 2 (2).6 Clause (d) was substituted for the original clause with the proviso, ibid.


(24) liquor includes(a) 1[spirits] 2[denatured spirits], wine, beer, toddy and all liquids consisting of or

containing alcohol; and(b) any other intoxicating substance which the 3 [State] Government may, by

notification in the Official Gazette, declare to be liquor for the purposes of this Act;(25) manufacture includes

(a) every process whether natural or artificial by which any liquor or intoxicatingdrug is produced, prepared or blended and also redistillation and every process forthe 4[rectification, flavouring, or colouring of liquor or intoxicating drug] but does notinclude flavouring, blending or colouring of liquor or intoxicating drug lawfully pos-sessed for private consumption; and

(b) every process of producing and drawing of toddy from trees;(26) Medical Board means a board constituted under section 8;(27) mhowra flowra does not include the berry or seed of the mhowra tree;5(28) molasses means the heavy, dark coloured viscous liquid produced during the

manufacture of gur or sugar containing, in solution or suspension, sugars which can befermented, and includes the solid form of such liquid and also any product formed by theaddition to such liquid or solid of any ingredient which does not substantially alter thecharacter of such liquid or solid; and shall also include substances containing sugarsobtained from sugarcane known as black coloured gur and residual substances obtainedfrom khandsari known as third sugar or raskat or sayar and irrespective of its colourrotten gur or rotten rab which conform to the following analytical standards on dryweight basis,

(i) total sugars (expressed as invert sugar) less than 85 per cent. and sucrose lessthan 57 per cent.; or

(ii) extraneous matter insoluble in water more than 2 per cent.; or(iii) total ash more than 6 per cent.; or(iv) ash insoluble in Hydrochloric acid (HCL) more than 0.5 per cent.; or(v) more than 10 per cent. of moisture;

but does not include any article which the State Government may, by notification inthe Official Gazette, declare not to be molasses, for the purposes of this Act.]

(29) Officer in charge of a Police Station includes(a) in, the Greater Bombay the officer in charge of police station as provided

under the provisions of the 6[Bombay Police Act, 1951; and](b) elsewhere the officer in charge of a police station as defined in the *Code of

Criminal Procedure, 1898;(30) opium means

(a) the capsules of the poppy (Papaver Somaniforum L) 7[whether in theiroriginal form or cut or crushed or powdered and whether or not the juice has beenextracted therefrom];

(b) the spontaneously coagulated juice of such capsules which has not beensubmitted to any manipulation other than those necessary for packing and transport; and

1 This word was substituted for the words spirits of wine by Bom. 22 of 1960, s. 2 (i).2 These words were substituted for the words methylated spirits by Bom. 26 of 1952, s. 2 (2).3 This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.4 These words were substituted for the words rectification of liquor by Bom. 22 of 1960, s. 2 (j).5 This clause was substituted by Mah. 29 of 2006, s. 2.6 These words and figures were substituted for the words and figures City of Bombay Police Act, 1902 by Bom. 12 of

1959, s. 6 (b).7 These words were added by Bom. 22 of 1960, s. 2 (i).* See now the Code of Criminal Procedure, 1973 (2 of 1974).

Bom.XXII

of1951.

V of1898.


(c) any mixture with or without neutral materials of any of the above forms of opium;but does not include any preparations containing not more than 0.2 per cent of mor-phine, or a manufactured drug as defined in section 2 of the Dangerous Drugs Act,1930.1* * * * * * *

(32) permit means a permit granted under 2[the provisions of this Act] and theexpression permit holder shall be construed accordingly ;

(33) police station means in the Greater Bombay a police staion as providedunder the provisions of the 3[Bombay Police Act,1951] and elsewhere any placedeclared to be a police station for the purposes of the *Code of Criminal Procedure,1898;

(34) prescribed means prescribed by the rules, orders or regulations under thisAct;

(35) Prohibition officer includes the 4[Commissioners], Collector or any officeror person appointed to exercise any of the powers or to perform any of the duties andfunctions under the provisions of this Act 5[and also includes any officer or personinvested with any such powers and on whom any such functions or duties are imposed,and any member of a committee, board or medical board;]

6[(36) State means the 7[State of Maharashtra] including the space within thelimits of the territorial waters appertaining to it;]

8[(37) rectification includes every process whereby liquor is purified or refined;]9[(38) registered medical practitioner means a person who is entitled to practice

any system of medicine in the State under any law for the time being in force relatingto medical practitioners, and includes registered dentists as defined in the Dentists Act,1948 and a veterinary practitioner registered under the Bombay VeterinaryPractitioners Act, 1953 or under of any law corresponding thereto in any part of theState;]

(39) regulations means regulations made under this Act;(40) rules means rules made under this Act;(41) sell with its grammatical variations includes

(a) any transfer whether such transfer is for any consideration or not,(b) any supply or distribution for mutual accommodation, and(c) any supply by a club to its members on payment of price or of any fees or

subscription, but does not include selling of opium for export across the customsfrontier; 10* * * *The word buy with its grammatical variations shall be construed accordingly ;

1 Clause (31) was deleted by Bom. 22 of 1960, s. 2 (m).2 These words were substituted for the words and figures Sections 40, 41, 46 or 47 by Bom. 26 of 1952, s. 2 (4).3 These words and figures were substituted for the words and figures City of Bombay Police Act, 1902, by Bom. 12 of

1959, s. 6 (b).4 This word was substituted for the word Director by Mah. 52 of 1973, s. 3, Sch.5 These words were substituted for the words and also includes any member of a committee or the Medical Board by

Bom. 22 of 1960, s. 2 (n).6 This clause was substituted by Bom. 12 of 1960, s. 6 (c).7 These words were substituted for the words State of Bombay by the Maharashtra Adaptation of Laws (State and

Concurrent Subjects) Order, 1960.8 This clause was substituted for the original by Bom. 22 of 1960, s. 2 (a).9 This clause was substituted for the original by Bom. 12 of 1959, s. 6 (b).10 The words as deemed by the Dominion Government were deleted by Bom. 26 of 1952, s. 2 (l).* See now the Code of Criminal Procedure, 1973 (2 of 1974). See now the Maharashtra Veterinary Practitioners Act, 1971 (Mah. XLIV of 1971).

II of1930.

Bom.XXII of1951.V of1898.

XVI of1948.Bom.LXV of1953.

71949 : Bom. XXV] Bombay Prohibition Act, 19491* * * * * * *

(43) spirit means any liquor containing alcohol and obtained by distillation (whetherit is denatured or not) ;

(44) sweet toddy or nira or neera means unfermented juice drawn from acoconut, brab, date or any kind of palm tree into receptacles treated in the prescribedmanner so as to prevent fermentation ;

2 [(45) territorial waters with reference to the State, means any part of the open

sea within a distance of six nautical miles measured from the appropriate base lineaccording to the Presidents Proclamation published in this behalf in the Governmentof India, Ministry of External Affairs, Notification No. SRO-669, dated the 22nd March1956, or such other distance as may be fixed from time to time by the Presidenthereafter ;]

(46) toddy means fermented or unfermented juice drawn from a coconut, brab, dateor any kind of palm tree and includes sweet toddy or nira a neera;

(47) to tap means to prepare any part of a tree, or to use any means, for thepurpose of causing juice to exude from the tree;

3[(47-A) tourist means a person who is not a citizen of India and who is eitherborn or brought up or domiciled in any country outside India, but who visits India on atour for a temporary period;

(47B) tourists permit means a permit granted under sectin 46-A;](48) trade and import licence means a licence granted under section 33;(49) transport means to move from one place to another within the 4[State];(50) vendors licence means a licence granted under section 34;(51) visitors permit means a permit granted under section 46;5[(52) any reference to the *Code of Criminal Procedure, 1898, the Bombay

Village Panchayats Act, 1933, or the Bombay Police Act, 1951 includes a reference toany law corresponding to those Acts, respectively, in force in any part of the State.]

CHAPTER IIEstablishment.

3. The 6[State] Government may, by notification in the Official Gazette, appoint anofficer to be called the 7[Commissioner of Prohibition and Excise], who subject to thecontrol of the 6[State] Government and subject to such general or special orders as the1[State] Government may from time to time make, shall exercise such powers and shall

V of1898.

Bom. VIof 1933.

Bom.XXII of

1951.

8[Commissionerof Prohibitionand Excise

1 Clause (42) was deleted by Bom. 22 of 1960, s. 2 (p).2 This clause was substituted for the original by Bom. 12 of 1959, s. 6 (e).3 Clauses (47A) and (47B) were inserted by Bom. 20 of 1955, s. 2.4 Substituted for the words Pre-Reorganisation State of Bombay excluding the transferred territories by

Bom. 12 of 1959, s. 3.5 This clause was added by Bom. 12 of 1959, s. 6 (j).6 This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.7 These words were substituted for the words Director of Prohibition and Excise by the Mah. 52 of 1973, s. 3, Sch.8 This word was substituted for the word Director, ibid.* See now the Code of Criminal Procedure, 1973 (2 of 1974). See now the Bombay Village Panchayats Act, 1958 (Bom. 3 of 1959).


perform such duties and such functions as are conferred upon, by or under theprovisions of this Act and shall superintend the administration and carry out generallythe provisions of this Act:

2[Provided that, the person holding the office of Director of Prohibition and Exciseimmediately before the commencement of the Maharashtra Director of Prohibitionand Excise (Change in Designation) Act, 1973 shall be the Commissioner ofProhibition and Excise for the State and shall hold that Officer until the StateGovernment otherwise directs].

4. (1) The Collectors shall, within the limits of their jurisdiction 3* * ** * * * * * exercise such powers and perform suchduties and functions as are provided by or under the provisions of this Act.

(2) For the purpose of this Act all Collectors including the Collector of Bombayshall be subordinate to the 4[Commissioner]

(3) The 1[State] Government may, by notification in the Official Gazette, appointany person other than the Collector 5* * * * to exercise in anydistrict or place 6[all or any of the powers and perform all or any of the duties] as areassigned by or under this Act to a Collector subject to such control, if any, in addition tothat of the 4[Commissioner] and of the 1[State] Government as the 1[State] Governmentmay from time to time direct.

5. To aid the 4[Commissioner] and the Collectors in carrying out the provisions ofthis Act, the 1[State] Government may appoint such subordinate officers with suchdesignations, and assign to them such powers, duties and functions under this Act, rulesor regulation or orders made thereunder, as may be deemed necessary.

6. (1) The 1[State] Government may invest any officer of the Police Department orany officer of any other department either personally or in right of his officeremove withsuch powers, impose upon him such duties and direct him to perform such functionsunder this Act, rules or regulations or orders made thereunder, as may be deemednecessary and any such officers shall, thereupon, exercise the said powers, discharge thesaid duties and perform the said functions in addition to the powers, duties and functionsincidental to his principal office.

(2) The 1[State] Government may also invest any person 8* * * withsuch powers, impose on him such duties and direct him to perform such functionsunder this Act, rules or regulations or orders made thereunder, as may be deemednecessary. Such persons may be given such designation as the 1[State] Governmentmay deem fit.

1 This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.2 This proviso was substituted by Mah. 52 of 1973, s. 3, Sch.3 The words and figures for which they are appointed as Collectors under the Bombay Land Revenue Code, 1878, were

deleted by Bom. 12 of 1959, s. 8 (a).4 This word was substituted for the word Director by Mah. 52 of 1973, s. 3, Sch.5 The words of land revenue were deleted by Bom. 12 of 1959, s. 8 (b) (i).6 These words were substituted for the words all the powers and perform all the duties, ibid, s. 8 (b) (ii).7 These words were inserted by Bom. 22 of 1960, s. 3 (b).8 The words working in an honorary capacity or otherwise were deleted by Bom. 22 of 1960, 3 (a).

Subordinateofficers.

Collectors.

Investingofficers of

7[Police and]other

departmentswith powers

and dutiesunder this

Act.

Mah.LII of1973.


1[6A. 2[(1) 3[For the purpose of enabling the State Government to determine] whether(a) any medicinal or toilet preparation containing alcohol; or(b) any antiseptic preparation or solution containing alcohol, or(c) any flavouring extract, essence or syrup containing alcohol,4[is an article fit for use as intoxicating liquor, the State Government shall

constitute a Board of Experts.](2) The Board of Experts constituted under sub-section (1) shall consist of such

members, not less than 5[five in number], with such qualification as may be prescribed.The members so appointed shall hold office during the pleasure of the StateGovernment.

(3) 6[Three members] shall form a quorum for the disposal of the business of theBoard.

(4) Any vacancy of the member of the Board shall be filed in as early as practicable:Provided that, during any such vacancy the continuing members may act, as if no

vacancy had occurred.(5) The procedure regarding the work of the Board shall be such as may be

prescribed.7[(6) It shall be the duty of the Board to advise the State Government on the question

whether any article mentioned in sub-section (1) is fit for use as intoxicating liquor andalso on any matters incidental to the question, referred to it by the State Government.On obtaining such advise, the State Government shall determine whether any such ar-ticle is fit for use as intoxicating liquor, and upon determination of the State Govern-ment that it is so fit, such article shall, until the contrary is proved, be presumed to befit for use as intoxicating liquor.]

8[(7) Until the State Government has determined as aforesaid any article mentionedin sub-section (1) to be fit for use as intoxicating liquor, every such article shall bedeemed to be unfit for such use.]

7. (1) The 9[State] Government may appoint 10[other boards and committees] toadvise and assist officers in carrying out the provisions of this Act.

(2) Such 10[other boards and committees] shall perform such functions 11[as may beprescribed]

(3) The constitution of such 10[other boards and committees] and the procedure re-garding their work shall be as may be prescribed.

Board ofExperts.

10[OtherBoards andCommittees].

1 Section 6A was inserted by Bom. 26 of 1952, s. 3.2 Sub-section (l) was substituted for the original by Bom. 36 of 1954, s. 3 (i).3 These words were substituted for the words for the purpose of determining by Bom. 22 of 1960, s. 4 (a).4 These words were substituted for the words is or is not an article unfit for use as intoxicating liquor, the State

Government shall constitute a Board of Experts, ibid.5 These words were substituted for the words three in number ibid., s. 4 (b).6 These words were substituted for the words two members, ibid, s. 4 (c).7 Sub-section (6) was substituted for the original, ibid., s. 4 (d).8 Sub-section (7) was added, ibid., s. 4 (e).9 This word was substituted for the word Provincial, by the Adaptation of Laws Order, 1950.

10 These words were substituted for the words Committees, by Bom. 22 of 1960, s. 5 (a).11 These words were substituted for the words as are provided by or under the provisions of this Act, ibid., s. 5 (d).


(4) The 1[State] Government may direct that the members of such 2[other boards andcommittees] shall be paid such fees and allowances as may be prescribed.

8. (1) The 1[State] Government may constitute one or more medical boards3[or panels thereof] for such areas and consisting of such members as it may deem fit.

(2) A medical board 4[or a panel thereof] so constituted shall perform suchfunctions 5[as are prescribed].

(3) The procedure regarding the work of the medical board 4[or a panel thereof]shall be as may be prescribed.

(4) The members of the medical board 4[or a panel thereof] shall be entitled to suchfees and allowances as may be prescribed.

9. In exercise of their powers and in discharge of their duties and functions underthe provisions of this Act or rules, regulations or orders made thereunder allProhibition Officers and all officers including the officers of the Police and otherdepartment shall, subject to the general or special orders of the 1[State] Government besubordinate to and under the control of the 6[Commissioner] and shall be bound tofollow such orders as the 6[Commissioner] may, from time to time make.

10. (1) The 1[State] Government may delegate any of the powers exercisable by itunder this Act to the 6[Commissioner] or such other officers as it deems fit.

(2) Subject to the control and direction of the 1[State] Government the powersconferred on the 6[Commissioner] or any other officer appointed or invested withpowers under this Act may be delegated by him to any of his subordinates.

1 This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.2 These words were substituted for the word committees by Bom. 22 of 1960, s. 5 (a).3 These words were inserted, ibid., s. 6 (a).4 These words were inserted, ibid., s. 6 (b) and (c).5 These words were substituted for the words as are provided by or under this Act, ibid.6 This word was substituted for the word Director, by Mah. 52 of 1973, s. 3, Sch.

MedicalBoards.

Delegation.

Control of5[Commis-

sioner] overProhibition

Officers andother

officers.


CHAPTER IIIProhibitions

11. Notwithstanding anything contained in the following provisions of this Chapter, it shallbe lawful to import, export, transport, manufacture 1[bottle], sell, buy, possess, use or consumeany intoxicant or hemp or to cultivate, 2[or to cultivate or collect hemp] or to tap any toddyproducing tree or permit such tree to be tapped or to draw toddy from such tree or permit toddy tobe drawn therefrom in the manner and to the extent provided by the provisions of this Act 3[or] anyrules, regulations or orders made or in accordance with the terms and conditions of a licence, permit,pass or authorization granted thereunder.

4[11A. Notwithstanding anything contained in section 11 or any other provisions of this Act, inrespect of any Scheduled Area falling within the jurisdiction of a Gram Sabha and a Panchayat or aPanchayat Samiti or a Zilla Parishad, as the case may be, it shall be competent for such GramSabha or a Panchayat and the or the Panchayat Samiti or the Zilla Parishad to enforce prohibitionor to regulate or restrict the sale and consumption of intoxicant in Scheduled areas within itsjurisdiction ;

Provided that, the decision taken by majority of the Gram Sabhas concerned by passing aresolution in the above matter shall be binding on the concerned Panchayat Samiti or the ZillaParishad as the case may be.

Explanation.For the purpose of this section,(i) the expression Gram Sabha, Panchayat and Scheduled Areas shall have the meanings,

respectively assigned to them in the Bombay Village Panchayats Act, 1958 ;(ii) the expression Panchayat Samiti and Zilla Parishads shall have the meanings respectively

assigned to them in the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.]12. No person shall

(a) manufacture liquor;(b) construct or work any distillery or brewery;(c) import, export, transport or possess liquor, or(d) sell or buy liquor.

13. No person shall(a) bottle any liquor for sale;(b) consume or use liquor, or(c) use, keep or have in his possession any materials, still, utensils, implements or apparatus

whatsoever for the manufacture of any liquor.14. No person shall

(a) export, import, transport or possess any intoxicating drug;(b) cultivate or collect the hemp 5* * *(c) use, keep or have in his possession any materials, still, utensils, implements or apparatus

whatsoever for the manufacture of any intoxicating drug;(d) sell or buy any intoxicating drug;(e) consume or use any intoxicating drug; or(f) manufacture any intoxicating drug.

15. No person shall(a) import, export, transport or possess sweet toddy or nira;(b) bottle sweet toddy or nira for sale or(c) sell or buy sweet toddy or nira.

16. No person shall(a) tap any toddy producing tree or permit to be tapped any toddy producing tree belonging to

him or in his possession; or(b) draw toddy from any tree or permit toddy to be drawn from any tree belonging to him or in

his possession.

Manufacture,etc., ofintoxicant tobe permitted inaccordancewithprovisions ofAct, rules, etc.

Prohibition ofmanufactureof liquor andconstructionand workingof distillery orbrewery.Prohibitionof sale, etc.of liquor.

Prohibitionof export,import,transport,sale,manufacture,etc. ofintoxicatingdrugs.Prohibitionof import,export,transport,sale etc. ofsweet toddy.Prohibition oftapping oftoddyproducing treesand drawing oftoddy.

1 This word was inserted by Bom. 22 of 1960, s. 7.2 These words were inserted by Bom. 26 of 1952, s. 4 (l).3 This word was inserted, ibid., s. 4 (2).4 This section was inserted by Mah. 46 of 1997, s. 13.5 The words or extract any portion of such plant from which any intoxicating drug can be manufactured were deleted by

Bom. 22 of 1960, s. 8.

Power of GramSabha toenforceprohibition orto regulate orrestrict the saleand consump-tion of anyintoxicant.

Bom.III of1959Mah.V of

1962.


17. No person shall(a) possess opium(b) transport opium(c) import or export opium(d) sell or buy opium; or(e) consume or use opium

18. No licensed vendor and no person in the employ of such licensed vendor oracting with the express or implied permission of such licensed vendor on his behalfshall sell or deliver any intoxicant 2[to any person who is a minor] whether for consump-tion by such person or by other person and whether for consumption on or off thepremises of such licensed vendor.

19. 3[Prohibition of sale of toddy] Deleted by Bom. 22 of 1960,s.10.20. No person shall

(a) produce, (f) transport(b) manufacture (g) buy,(c) possess (h) sell,(d) export, (l) consume, or(e) import (j) use,

Charas.21. No person shall(a) alter or attempt to alter any denatured spirit by dilution with water or by any

method whatsoever, with the intention that such spirit may be used for human consump-tion, whether as a beverage or internally as a medicine or in any other way whatsoever; or

(b) have in his possession any denatured spirit in respect of which he knows or hasreason to believe that such alteration or attempt has been made.

4[21-A. No person shall(a) alter or attempt to alter any denatured spirituous preparation by dilution with

water or by any method whatsoever, with the intention that such preparation may beused for human consumption as an intoxicating liquor; or

(b) have in his possession any denatured spirituous preparation in respect ofwhich he knows or his reason to believe that such alteration or attempt has beenmade.]22. No person shall

(a) open or keep or use any place as a common drinking house; or(b) have the care, management or control of, or in any manner assist in conduct-

ing the business of, any place opened, or kept, or used as a common drinking house.

5[22-A. (1) No person other than a registered medical practitioner, shall issueany prescription for any intoxicating liquor.

(2) No registered medical practitioner shall prescribe such intoxicating liquor, unlesshe believes in good faith after careful medical examination of the person for whose usesuch prescription is sought, that the use of such intoxicating liquor by such person isnecessary; and will afford relief to him from some known ailment.

Prohibitionof possession

etc., ofopium.

Prohibitionof sale to1[minors]

Prohibitionor production

etc, ofcharas.

Alteration ofdenatured

spirit.

Alteration ofdenaturedspirituous

preparation.

1 These words were substituted for the words to any person apparently under the age of twenty-one years by Bom. 22 of 1960, s. 9 (a)..2 This word was substituted for the word Children, ibid., s. 9 (b).3 Section 19 was deleted, ibid., s. 10.4 Section 21A was inserted by Bom. 36 of 1954, s. 4.5 Section 32A was inserted by Bom. 22 of 1960, s. 11.

Prohibitionof issuing

prescriptionsfor intoxicat-

ing liquorexcept byregistered

medicalpractitioners.

Prohibitionof allowing

any premisesto be used as

commondrinking

house.


(3) A registered medical practitioner shall state, in every prescription forintoxicating liquor issued by him, the name and address of the person to whom issued, thedate of issue, directions for use, and the amount and frequency of the does, and shallpreserve a copy of the prescription for one year from the date of issue. On the copy sopreserved he shall state the purpose or ailment for which the intoxicating liquor is pre-scribed.]

23. No person shall(a) 1* solicit the use of 2[or] offer any intoxicant or hemp ; or3* * * * * * * *

(c) do any act which is calculated to incite or encourage any member of the public or aclass of individuals or the public generally to commit any offence under this Act or tocommit a breach of any rule, regulation or order made thereunder or the conditions ofany licence, permit, pass or authorization granted thereunder.

24. (1) No person shall print or publish in any newspaper, news-sheet book,leaflet, booklet or any other single or periodical publication or otherwise display, ordistribute any advertisement or other matter.

(a) which 5* solicits the use of offers any intoxicant or hemp;(b) which is calculated to encourage or incite any individual, class or individuals

or the public generally to commit an offence under this Act, or to commit a breachof or to evade the provisions of any rule, regulation or order made thereunder or theconditions of any licence, permit, pass or authorization granted, thereunder.(2) Save as otherwise provided in sub-section (3), nothing in this section shall apply

to(a) catalogue or price lists which may be generally or specially approved by the

6[Commissioner] in this behalf;(b) any advertisement or other matter contained in any newspaper, news sheet,

book, leaflet, booklet or other publication printed and published outside the 7[State];(c) any advertisement or other matter contained in any newspaper printed, and

published in the 7[State] before such date as the 7[State] Government may, bynotification in the Official Gazette, specify; and

(d) any other advertisement or matter which the 8[State] Government may, bynotification in the Official Gazette, generally or specially exempt from theoperation of this section.(3) Notwithstanding anything contained in sub-section (2), the 8[State] Government

may by notification in the Official Gazette, prohibit within the 7[State] the circulation,distribution or sale of any newspaper, news sheet, book, leaflet, booklet or otherpublication printed and published outside the 7[State] which contains any advertisementor matter;

(a) which 5* solicits the use of or offers any intoxicant or hemp; or

Prohibitionof publicationof advertise-ment relatingto intoxicant,etc.

4[Prohibitionof solicitinguse ofintoxicant orhemp or doingany actcalculated toincite orencouragemember tocommitoffence.]

1 The word commened was deleted by Bom. 26 of 1952, s. 5 (1).2 This word was inserted, ibid.3 Clause (b) was deleted, ibid., s. 5 (2).4 This marginal note was substituted for the original, ibid., s. (3).5 The word Commends was deleted, ibid., s. 6.6 This word was substituted for the word Director by Mah. 52 of 1973, s. 3, Sch.7 This word was substituted for the word Pre-Recorganisation State of Bombay including the transferred territories by

Bom. 12 of 1959, s. 3.8 This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.


(b) which is calculated to encourage or incite any individual or class of individuals orthe public generally to commit any offence under this Act or to commit a breach of or toevade the provisions of any rule, regulation or order made thereunder, or the conditionsof any licence, permit, pass or authorisation granted thereunder.

1[24-A. Nothing in this Chapter shall be deemed to apply to ;(1) any toilet preparation containing alcohol which is unfit for use as intoxicating

liquor;(2) any medicinal preparation containing alcohol which is unfit for use as intoxicat-

ing liquor;3[(3) any antiseptic preparation or solution containing alcohol which is unfit for

use as intoxicating liquor;(4) any flavouring extract, essence or syrup containing alcohol which is unfit for

use as intoxicating liquor:]Provided that 4[such article] corresponds with the description and limitations men-

tioned in section 59A:Provided further that the purchase, possession or use of any liquor or alcohol for the

manufacture of any 4[such article] shall not be made or had except under a licencegranted under section 31A.]

5[Explanation.Nothing in this section shall be construed to mean that any personmay drink any toilet preparation, or antiseptic preparation or solution, containingalcohol; and it is hereby provided that no person shall drink any such preparation.]]

CHAPTER IVControl, Regulation and Exemptions

25. The 6[State] Government may, by notification in the Official Gazette; directthat any preparation containing alcohol not exceeding a specified percentage byvolume shall be exempt from any of the provisions of this Act or rules, regulations ororders made thereunder.

26. The 7[State Government] may(a) establish a distillery in which spirit may be manufactured in accordance with a

licence issued under this Act on such conditions as the 6[State] Government deems fitto impose:

(b) discontinue any distillery established :(c) licence, on such conditions as the 6[State] Government deems fit to impose, the

construction and working of a distillery or brewery;

This Chapternot to apply

to 2[certainarticles]

1 Section 24A was inserted by Bom. 26 of 1952, s. 7.2 These words were substituted for the words certain toilet and medicinal preparations, by Bom. 36 of 1954, s. 5 (iii).3 Clauses (3) and (4) were inserted by Bom.