Post on 14-Mar-2020
(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 – Preliminary
1. Short title, extent and commencement. 1
2. Definations. 2
CHAPTER II – Establishment
3. Commissioner of Prohibition and Excise. 7
4. Collectors 8
5. Subordinate Officers. 8
6. 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. 9
8. Medical Boards. 10
9. Control of Commissioner over Prohibition Officers and 10
other officers.
10. Delegation. 10
CHAPTER III - Prohibitions
11. 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. 11
14. 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. 12
18. Prohibition of sale to minors. 12
19. (Deleted) 12
20. Prohibition of production, etc. of charas. 12
21. Alteration of denatured spirit. 12
21A. Alteration of denatured spirituous preparation. 12
22. 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 members
of public to commit offence.
24. Prohibition to publication of advertisement relating to 13
intoxicants, etc.
24A. This Chapter not to apply to certain articles. 14
CHAPTER IV – Control, Regulation and Exemptions
25. Exemption of Preparations. 14
26. Distilleries and Warehouses for intoxicants. 14
27. Intoxicant or hemp not to be removed from Warehouse, 15
etc.
28. Passes for import, etc. 15
29. Through transport. 16
30. (Deleted) 16
31. Licences for bona fide medicinal or other purposes. 16
31A. Licences for purchase, etc. of liquor for manufacture 16
of articles mentioned in section 24A.
32. Licences for tapping of Neera. 16
33. Trade and Import Licences. 16
34. Vendor’s Licences. 16
35. Hotel Licences. 17
36. (Deleted) 17
37. (Deleted) 17
38. 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. 19
40B. Emergency permits. 19
41. Special permits to Foreign Sovereigns, etc. 19
42. (Deleted) 19
43. Regulation of use or consumption of Foreign Liquor 20
by certain Permit holders.
44. Licence to clubs. 20
45. Authorization for Sacramental purposes. 20
46. Visitor’s permit. 21
46A. Tourist’s permit. 21
47. Interim permits. 21
48. 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., 22
intoxicants and fees levied include rent or consideration
for grant of such privilege to person concerned.
50. (Deleted) 22
51. (Deleted) 23
52. 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. 23
54. Power to cancel or suspend Licences and Permits. 23
55. Holder of licence, etc. not entitled to compensation or 24
refund of fee for cancellation or suspension thereof.
56. Cancellation for other reasons. 24
57. Attachment of licence. 24
58. 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 25
owner to dispose of stocks.
CHAPTER IV-A – Control and regulation of articles mentioned in
section 24A to prevent their use as intoxicating liquor.
59A. Manufacture of articles mentioned in section 24A. 26
59AA. 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 Denatured
Spirituous Preparations to prevent their use as
intoxicating liquor.
59 C. Prohibition against possession of denatured spirituous 27
preparation 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 28
preparations.
CHAPTER V – Mhowra flowers.
60. Prohibition of export or import of mhowra flowers : 28
Control and regulation of transport, sale, etc. of mhowra
flowers.
CHAPTER VI – Control and regulation of Molasses.
61. Control of export, etc. of molasses. 29
62. 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. XXXVII
of 1956.
64. (Deleted) 29
CHAPTER VII – Offences and Penalties.
65. Penalty for illegal, import, etc. of intoxicant or hemp. 29
66. 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 31
spirit.
67-1A. Penalty for alteration or attempting to alter denatured 31
spirituous preparation.
67-1B. Penalty for contravention of provision regarding 32
prescriptions.
67A. Penalty for manufacturing articles mentioned in section 32
24A in contravention of the provisions of section 59A.
67B. Penalty for failure to satisfy the Commissioner under 33
sub-section (1), or to comply with a requisition under
sub-section (2), or section 59-B.
67C. Penalty for possessing, etc. denatured spirituous 33
preparations in contravention of provisions of
section 59C and 59D.
68. Penalty for opening etc., of common drinking house. 33
(5)
69. Penalty for illegal import, etc., mhowra flowers. 33
70. Penalty for illegal import, etc. of molasses. 34
71. (Deleted) 34
72. Penalty for removal of intoxicant, etc. 34
73. 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. 35
76. Penalty for neglect to keep measures, etc. 35
77. Penalty for misconduct by licensee, etc. 35
78. Penalty for misconduct by licensed vendor or 36
manufacturer.
79. Liability of licensee for act of servants. 36
80. Import, export etc. of intoxicant by any person on 37
account of another.
81. Penalty for attempts or abetment. 37
82. Breach of licence, permit, etc. to be an offence. 37
83. Penalty for conspiracy. 37
84. Penalty for being found drunk in any drinking house. 37
85. Penalty for being drunk and for disorderly behaviour. 37
86. 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 consumption
of liquor.
88. Penalty for issuing false prescriptions. 39
89. Penalty for maliciously giving false information. 39
90. Penalty for offences not otherwise provided for. 39
91. Demand for security for abstaining from Commissioner 39
of certain offences.
92. (Deleted) 39
93. Demand of security for good behaviour. 39
94. Execution of bonds in respect of minors. 40
95. Punishment for vexatious search seizure or arrest. 40
96. Punishment for vexatious delay. 40
97. Punishment for abetment for escape of persons arrested. 40
(6)
98. Things liable to confiscation. 41
99. Return of thing liable to confiscation to bona fide owners. 41
100. Procedure in confiscation. 41
101. 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) 43
104. Compounding of offences. 43
104A. Bombay Probation of Offenders Act, 1938, and 43
section 562 of Code of Criminal Procedure, 1898, not to
apply to persons convicted of offence under this Act.
CHAPTER VIII – Excise Duties.
105. Excise Duties. 44
106. Manner of levying excise duties. 45
107. (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 46
excisable articles.
108. Penalty for import, export, etc., of intoxicant without 47
payment of duty.
109. Duty on tapping of toddy trees. 47
110. Duty by whom payable. 47
111. Owner of trees entitled to assistance for duty paid. 47
112. Privilege of drawing toddy from trees belonging to 47
Government.
113. (Deleted) 47
114. Recovery of duties, etc. 47
CHAPTER IX – Powers and Duties of Officers and Procedure.
115. Magistrate’s power to impose enhanced penalties. 48
116. Procedure to be followed by Magistrates. 48
116A. Tender of pardon to accomplice. 48
117. Investigations, arrests, searches, etc., how to be made. 49
118. Procedure of Code of Criminal Procedure relating to 49
cognizable offences to apply.
(7)
119. Certain offences to be non-bailable. 49
120. Power of entry and inspection. 49
121. Power to open packages, etc. 50
122. Power to require production of licences. 50
123. Arrest of offenders and seizures of contraband articles. 51
124 Power to obtain information. 51
125. Power to seize intoxicants, etc. 51
126. Arrest without warrant. 51
127. Arrest of offenders failing to give names. 52
128. Issue of warrants. 52
128A. Certain provisions to apply to denatured spirituous 53
preparations.
129. Prohibition officers may be empowered to investigate 53
offences.
129A. Power to require persons to submit to medical 53
examination, etc.
129B. Documents or reports of registered medical practitioner, 54
etc. as evidence.
130. Arrested persons and things seized to be sent to officer- 54
in-charge of police station.
131. Bail by Prohibition officer. 54
132. Articles seized 55
133. Duty of Officers of Government and local authorities to 55
assist.
134. Offences to be reported. 55
135. Landlords and others to give information. 55
136. [Deleted.] 56
CHAPTER X- Appeals and Revision.
137. Appeals. 56
138. Revision 56
CHAPTER XI- Miscellaneous
139. 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., in
public place.
141. Employment of addition police. 58
142. 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. 59
144. Commissioner’s powers to make regulations. 63
145. Officers and person acting under this Act to be public 64
servants.
146. Bar of proceedings. 64
146A. Limitation of prosecutions or suits against officers. 64
146B. Provisions of Act not to apply to Government. 65
147. Provisions of this Act not to apply to import or export 65
across customs frontier.
148. Repeal and amendments. 65
149. Further repeals and savings consequent on commence- 66
ment of Bom. XXV of 1949 in other areas of State.
SCHEDULE I -A.
SCHEDULE I
SCHEDULE II.
SCHEDULE III.
(9)
INDEX
PART – II
RULES, REGULATIONS, NOTIFICATIONS AND ORDERS ISSUED UNDER
THE 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) 70
Prohibition Act, 1949 (Bom. XXV of
1949).
3. Date of enforcement of the Bombay S. 1(3) 70
Prohibition (Extension and Amendment)
Act, 1959 (Bom. XXII of 1959).
4. Date of commencement of the Bombay S. 1(2) of XXIII 70
Prohibition (Amendment) Act, 1959 of 1960.
(Bom. XXII of 1960).
5. Date of application of the Bombay S. 1 (3) 71
Prohibition Act, 1949 (Bom. XXV of
1949) to the outstillk area of the
Chanda district.
6. Date of commencement of the S. 1(2) of LII of 71
Maharashtra 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 71
Prohibition (Amendment) Act, 1972 of 1972.
(Mah. XXXIII of 1972).
CHAPTER II- Molasses
8. The Bombay Molasses Rules, 1955. S.143 72
9. Holders of licences in form M-I to issue 101
permit in form M-VI.
10. Holders of licences in form M-IV 101
exempted from provision of Rule 21 of
the Bombay Molasses Rules, 1955.
(10)
11. Exempting distilleries from selling S. 139 (1) (c) 101
molasses or wash to Executive
Engineer, Field Unit Division, Bombay.
12. Exempting Executive Engineer, Field S. 139 (1) (c) 101
Unit Division, Bombay from provision
of section 27 of the Bombay Prohibition
Act, 1949.
13. Rate of Supervision charges on S. 58-A 101
molasses transported / exported to
other state etc.
14. The Maharashtra Molasses Storage S. 144 (1) (a) 102
and Supply Regulations, 1965. and (b)
15. Specifying permitted quantity of Rule 41 of the 104
molasses for domestic purpose. Bom. Molasses
Rules, 1955.
CHAPTER III- Mhowra Flowers
16. The Bombay Mhowra Flowers S.143 105
Rules, 1950.
17. Order specifying person to whom S. 139 125
licences for possession of Mhowra
Flowers exceeding prescribed limit
can be granted.
18. Requirement of transport pass when S. 60(2) 125
Mhowra Flowers are transported
through area in which no vacation
period or vacation period expired.
19. Prescribing limit in weight of Mhowra S.143(1) 126
Flowers for the purpose of Section 60(2)
of the B.P. Act., 1949.
20. The Bombay Prohibition (Mhowra S. 143 (1) 126
Flowers) Prescribed Limit in Weight
Rules, 1963.
21. Prescribing vacation periods, for S. 60(2) 128
certain areas in the State.
22. Prohibiting grant of import passes S.139(1) 129
for Mhowra Flowers without prior
approval of Commissioner.
CHAPTER IV- Neera
23. The Bombay Neera Rules, 1951. S. 143 129
24. Permitting possession and transport of Conditions 6 of 152
one litre of Neera without permit or pass N-III licence
by person above 21 years of age.
(11)
25. Investing with powers the holders S. 6 152
of N-IV licences to issue pass for
transport of Neera to persons holding
licence in Form N-I or Form N-III
26. Exempting from provisions of certain S. 139 (c) 152
conditions of licence in Form N-III, the
Marketing Officer, Palm Gur Section
of the All India Khadi and Village
Industries Board, Bombay.
27. The Maharashtra Neera (Import) S. 139 (1) (b) 153
Order, 1974.
28. The Neera ( Consumption) Order, 1958 154
(Cancelled)
CHAPTER V-Toddy
29. 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) 184
of Licences by Auction-cum- Tender) & (m)
Order, 2001.
31. Auction and Tender System for issuing S.139(1)(c) 193
toddy licence in Form T.D.I., suspended
for 4 year w.e.f. 1st September.
32. Order rescinding exemption from S.139(1)(c) 193
provisions of Toddy rules and Order.
33. Remission of Tree Tax on Toddy S. 139(1)(d1) 193
Producing Trees.
34. Prescribing rates of duty on toddy S. 109 (1) 194
producing trees from which toddy is
drawn.
35. Investing the holders of licences for S. 6(2) 194
retail sale of toddy, with powers under
Section 28, to issue passes in Form
TD-3 for transport of toddy.
36. Exempting toddy containing not S. 25 194
more than five per cent of alcohol by
volume from certain provisions of
Sections 12(c) & (d) and 13 (b)
37. Directions to close down the toddy Rule 5A of 195
shops in Pandharpur Town of Toddy Rules.
Sholapur district during the festival
of 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), 218
and Consumption) Rules, 1961. 52 & 53.
40. Prescribing rate of duty on toddy S. 109 (1) 226
producing 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 & 107 293
remit excise duty leviable on rectified
spirit 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. 143 302
Preparations (Use of Liquor)
Rules, 1955
46. The Bombay Toilet Preparations S. 143 308
(Sales) Rules, 1954.
47. The Bombay Spirituous Medicinal S. 143 313
Preparations (Sale) Rules, 1954.
48. The Maharashtra Spirituous S. 143(2) (b) 325
Preparations (Import and Export)
Rules, 1963.
49. The importer or manufacturer or S. 143 (2) (v) & 342
articles determined as unfit for use S. 107-A
as intoxicating liquor has to declare
the stock and maintain accounts etc.
50. The Bombay Prohibition (Board of Ss. 143 & 6A. 346
Experts) Rules, 1954.
51. List of preparations declared by S. 6A (6) 347
Government as fit for use as intoxicat-
ing liquor.
(13)
52. Delegation of powers under S. 10 354
Section 58-A to the Commissioner in
relation to manufacture of medicinal
and toilet preparation containing
alcohol.
53. Direction of the Commissioner that the S.58-A 354
manufacture of medicinal and toilet
preparations containing alcohol shall
be under excise supervision.
CHAPTER VIII- Denatured Spirit & Denatured
Spirituous Preparations.
54. The Bombay Denatured Spirit S. 143 355
Rules, 1959.
55. Prescribing form of licence authorising S. 143 432
storage in bond and sale for export by
sea outside India in bond of denatured
spirit.
56. The Maharashtra Denatured Spirituous S. 143 (2) & 434
Preparations Rules, 1963. 59- D
57. Exempting certain denatured spirituous S. 139 (d) 464
Preparations from the provisions of
Section 59-C and 59-D.
58. Exempting all denatured spirituous S. 139 (d) 464
preparations from the provisions of
Sections 59-C and 59-D so far as they
relate to possession and transport.
59. Exempting certain denatured spirituous S. 139 (1) (d) 464
preparations from provisions of
Section 59-D (1) (b) in respect of export.
59-A Exempting denatured spiritious preparat- 464
ions excluding french polish, thinners
and varnishes (other than picture
varnishes) from provisions of clause (b)
of sub-section (1) of section 59-D.
CHAPTER IX- Country Liquor
60. 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, Retail
Price 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) 565
Drug Administrations, Maharashtra
State, with powers under Section 122
in respect of inspection of country
liquor licences and drawing of
samples for testing purpose.
67. Chemical analyser for the purpose . . 566
of C.L. Rule, 1973.
68. Investing holder of C.L.II licences for S. 6 (2) 566
wholesale sale of country liquor, to
issue passes in Form C. L. XVII for
transport of country liquor.
69. Exempting holders of C. L. II licences S. 139 (1) (c) 566
from the provisions of rule 18 of the
Maharashtra Country Liquor Rules,
1973.
70. Exempting the Superintendent, S. 139 (1) (c) 567
Government Distillery Chitali from
provisions of rule 5 of the Maharashtra
Country Liquor Rules, 1973.
71. Exempting country liquor produced S. 139 (1) (d) 567
from spirit distilled from bases other
than molasses and blended country
liquor from the provisions of ceiling
on prices.
72. Rates of excise duty on country S. 105 567
liquor transported or imported for
consumption to or into any place in
the State of Maharashtra.
73. Rates of excise duty on country liquor S. 105 568
transported from a manufactory to,
or imported into any place in the State
of Maharashtra. (Superceded by
G.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 Liquor
Rules, 1973.
CHAPTER X- Foreign Liquor
(A) Manufacture
76. The Maharashtra Distillation of Spirit S.143 (2) 570
and Manufacture of Potable Liquor
Rules, 1966.
77. Prescribing a form of licence in which S.143 653
the Director of Prohibition and Excise
was authorised to grant a licence for
working a distillery and manufacture
of spirit. (Has become absolute)
(omitted).
78. The Maharashtra Manufacture of S.143 (2) 653
Beer and Wine Rules, 1966.
(B) Descriptions of Country Liquor
declared as Foreign Liquor.
79. Certain descriptions of country liquors S. 2 (17) 691
declared as foreign liquor for the
purpose of the Act.
80. Declaring certain country liquor S. 2 (17) 691
manufactured by M/s. Bharath (Goa)
Fruit Distilleries, Goa, as foreign liquor
for the purpose of the Act.
81. Declaring certain country liquor S. 2 (17) 691
manufactured by M/s. Real Bottling
Factory Pvt. Ltd. Panjim.
82. Declaring certain country liquor S. 2 (17) 691
manufactured by M/s. New Goa
Distillery, Margaon, Pernem as foreign
liquor 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) 803
Sale) Regulations, 1995.
85. The Maharashtra Foreign Liquor S. 143(1) & (2) 803
(Storage in Bond) Rules, 1964
86. Prohibiting the grant and renewal of 812
licence 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. 143 841
Rules, 1952.
90. The Maharashtra Foreign Liquor S. 143(2) 867
(Import and Export) Rules, 1963.
91. The Maharashtra Indian Made S. 143 923
Foreign Liquor (Transport and Export
under Bond) Rules, 1968.
92. The Bombay Foreign Liquor and S. 143 (2) (b), 935
Rectified Spirit (Transport Fees) (f) and (u)
Rules, 1954.
93. Prohibiting the sale of foreign liquor S. 143 (2) (k) 938
to certain permit holders.
94. Constitution of Medical Boards of S. 8 938
I.M.F.L. permits.
95. Conditions for removal of medicated S. 143(2) (b) 939
or tonic wine from port of Land
Custom Station etc.
96. Direction to close down the licensed R. 9 of M.F.L. 939
premises 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) 940
during Ashadhi and Kartiki Ekadashi of “E” licence
Festivals, in Pandharpur of Sholapur
district.
98. Directions to close down the Vendor’s R. 9 of M.F.L. 940
shops in Pandharpur Town of Sholapur (Sale on Cash
district during Ashadhi and Kartiki etc.) Rules,
Ekadashi festivals. 1969.
(D)- Delegation / Investment of powers
99. Delegation of powers to the Commi- S.10 (1) 941
ssioner to refund Excise Duty and
Transport Fee paid on Indian Made
Foreign Liquor exported from the
State.
(17)
100. Delegation of powers to Collectors to S.10 (1) 941
approve feeder godowns in respect of
foreign liquor vendors licensees in
their respective jurisdiction.
101. Delegating powers to Collectors to S.10 (1) 941
grant and renew licence in Form BRL
for manufacture of wine.
102. Directing the Collectors to obtain S. 139 (1) (g) 941
prior approval of the Government for and (n)
granting F. L. III licencees under the
Bombay Foreign Liquor Rules, 1953.
(Revoked by G.N. of 17-2-1989).
103. Appointing certain officers of Prohibi- S. 4 (3) 941
tion and Excise to perform functions
of the Forms F.L. X-C and F.L. X-D under
Bombay Foreign Liquor Rules, 1953.
104. Appointing certain officers of Prohibi- S. 4 (3) 942
tion and Excise to exercise powers and
perform functions of Collectors to
issue passes for transport-in-bond or
export-in-bond for I.M.F.L.
105. Authorising the Director and Article 258-A 942
Assistant Director Government of of Constitution
India Tourist Office, Bombay to Grant
tourist’s permits.
105-A Investing the Manager and the Accoun- S. 6(2) 942
tant of the Royal Bombay Seamen’s
Society with powers to grant visitors
permits.
(E) Exemptions and Remittances
106. Exempting the Managers of M/s. Taj S. 139 (c) 943
Mahal and M/s. Greens Hotel, Bombay
from observance of certain provisions
of the Bombay Foreign Liquor Rules,
1953.
107. Exempting the Trustees of the Port of S. 139 (c) 943
Bombay from certain provision of
Section 12(c) and (d).
108. Remitting wholly the fees leviable on S. 139 (1) (d1) 943
foreign liquor imported by holders of
special permits holders under
Section 46-A, upto 750 ml.
(18)
109. Exempting certain liquor permit holders S. 139 (1) (c) 944
and certain licenses, from provisions
of the Act and certain rules, in respect
of foreign liquor.
110. Exempting persons eligible for permits S. 139 (1) (c) 945
under Section 41 or 46-A and visit the
State as State Guest, from observance
of certain provisions of the Act and
rules.
111. Exempting certain categories of permit S. 139 (1) (c) 946
holders from observance of provisions
of the Act so far they relate of offering
of liquor to other permit holders etc.
112. Exempting Hotel Licensees from certain S. 139 (1) (c) 947
provisions of the Director’s regulations
(Repealed).
113. Exempting persons eligible for Special S. 139 (1) (c) 947
Permits under section 41 and visiting
the State for not more than 10 days,
from, certain provisions of the
Act.
114. Exempting the Officer-in-charge of the S. 139 (1) (c) 948
shops at Santa Cruz Air Port and
In-transit and outgoing passengers
from certain provisions of the Act
subject to certain conditions.
115. Exempting holders of Vendors, Hotel S. 139 (1) (c) 949
and Club licences under the Bombay
Foreign Liquor Rules, 1953 from
certain provisions of their licence
conditions.
116. Exempting person who is not a citizen S. 139 (1) (c) 949
of India from certain provisions of
the Act and exempting holders of
Vendor’s, Trade and Import, Hotel and
Club licences from provisions of the
Bombay Foreign Liquor Rules, 1953,
relating to sale of foreign liquor.
117. Exempting the Manager, Aurangabad S. 139 (1) (c) 950
Hotel of Government of India Tourism
Development Corporation from
requirement of payment of deposit.
(19)
118. Exempting Star Hotels, holding licences S. 139 (1) (c) 950
in Form F.L.III, from certain provisions
of the Maharashtra Foreign Liquor
(Sale on Cash, Register of Sales etc.)
Rules, 1969 and the Special Permits
and Licences Rules, 1952.
118-A Exempting the Three Star, Four Star, S. 139 (1) (c) 951
and Five Star Hotels & Restaurent
approved by Tourism Deptt. of Govt.
of India from the operation of sub-rule
(1C) of rule 45 of Bombay Foreign
Liqour Rules, 1953.
119. Exempting Import, transport etc. of S.139 (1) (c) 951
Fenny and / or Wine.
120. Remission of Special Fee on Concen- S.139 (1) (d1) 951
trates of Foreign Liquor imported
across Customs Frontier.
121. Remission of Special Fee on Concen- S.139 (1) (d1) 951
trates of Wine or Bulk Wine imported
across Customs Frontier.
122. Remission of Excise Duty for the S.139(1) (d1) 951
Wineries of the State on wines
produced without addition of alcohol.
(F) Armed Forces
123. Authorising certain Armed Forces S. 28 954
Officers to grant passes for transport
and export of foreign liquor subject to
certain conditions.
124. Permitting, subject to certain conditions, S. 39 954
sale of foreign liquor to and the use or
consumption of such liquor by the
members of the Armed Forces in
military or naval messes and canteens.
125. Military Vendor’s licensees are S. 139 (1) (c) 955
permitted to sell foreign liquor to
military and naval messes and canteens
although such canteens/messes may
not hold licence.
126. Prescribing licence for import, export, S. 139 (b) 955
transport of I.M.F.L. (Rum) or sale by
Officers Commanding to Army or
Naval Supply Depots or Victualling
Yard.
(20)
127. Exempting Officers Commanding of S. 139 (1) (c) 958
Armed Forces from provisions of G.N.,
R. D. No. PRT 1857 / 169563, dated
18th October, 1958 in certain respect
and from payment of excise duty.
128. Subject to certain conditions, remitting S. 139 (1) (d1) 958
excise duty in excess of Rs. 20.00 per
proof 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) 958
rate mentioned in the Schedule, on
foreign liquor supplied to Armed
Forces, through M/s. Canteen Stores
Department (I). (i. e. rates of excise
duty charged to armed forces).
130. Exempting Ex-Servicemen from certain S.139(1)(c) 959
provisions of the Bombay Foreign
Liquor Rules, 1953.
CHAPTER XI- Maximum Retail Price and
Excise Duties
131. The Maharashtra Potable Liquor S.143(2)(h1)& 960
(Fixation of Maximum Retail Prices) S.53
Rules, 1996.
132. Specifying rates of Excise Duty or S. 105 967
Countervailing Duty on Excisable
Articles.
132-A. Specifying dates of implimentation S. 105 971
of ad-valorem based duty Structure.
CHAPTER XII- Sacramental Wine
133. The Bombay Sacramental Wine S. 143 972
Manufacturing Rules, 1950.
134. The Bombay Sacramental Wine Rules, S. 143 984
1950.
135. Religious Heads or other persons S.143 990
approved by Government for issuing
Certificates of recommendations for
Sacramental Wine or Liquor.
(21)
CHAPTER XIII-Blood Test
136. The Bombay Prohibition (Medical S. 143 (2) 991
Examination and Blood Test) Rules,
1959.
137. Appointing Officers to test blood S. 129A (1) 996
forwarded to them by the authorised
Medical practitioners.
138. Empowering officers of Prohibitions S. 129A (1) 996
and Excise Department of exercise
powers under section 129A (1).
139. Authorising R. M. Ps. of State S. 129A (1) 996
Government allopathic hospitals and
dispensaries for the purpose of
Section 129A(1).
140. Authorising R. M. Ps. of (1) Khan S. 129A (1) 996
Bahadur Hospital, Kurla and
(2) Khurshedji Beharamji Bhabha
Hospital, Bandra for the purpose
of Section 129 A(1).
141. Authorising all R. M. Ps. of Zilla S. 129A (1) 997
Parishads hospitals and dispensaries
for the purpose of Section 129A(1).
142. Authorising all R. M. Ps. of Municipal S. 129A (1) 997
dispensaries in the State for the
purpose of section 129A(1).
143. Authorising all female R. M. Ps. of S. 129A (1) 997
State Government hospitals and
dispensaries for the purpose of
Section 129A(4).
144. Authorising all female R. M. Ps. of S. 129A (1) 997
(1) Khan Bahadur Bhabha Hospital,
Kurla and (2) Khurshedji Beharamji
Bhabha Hospital, Bandra for the
purpose of Section 129A(4).
145. Authorising all female R.M.Ps. of Zilla S. 129A (4) 997
Parishads hospitals and dispensaries
in the State for the purpose of
Section 129 (A) (4).
(22)
146. Authorising all female R. M. Ps. of S. 129A (4) 997
Municipal dispensaries in the State
for the purpose of Section 129 A (4).
CHAPTER XIV- Intoxicating Drugs
147. Declaring certain substances as S. 2 (23) (d) 998
intoxicating drugs.
148. Prescribing rates of excise duty on S. 105 998
opium, Ganja and Bhang.
149. Exempting persons holding ‘ opium S. 139 (1) (c) 998
permits’ issued by the concerned
State Excise Authorities and visiting
the State of Maharashtra, from certain
provisions of Sections 17 (a) (b) (c)
and (e) and 105 (1) (c).
150. Exempting the principal, Ayurved S. 139 (1) (c) 999
Mahavidhyalaya, Pune from provisions
of Section 14 (b) in respect of
cultivation and collection of bhang.
151. Entrusting certain officers of the Article 258-A 999
Naracotic Department of the of Constitution
Government of India, the functions
under 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) 999
Rules,1961 (Repeated).
155. The Bombay Prohibition (Drugs Permit) S. 143 (2) 1000
Medical Board Rules, 1954. (Repeated).
156. Methanol and Chloral Hydrate to be 1000
intoxicant for the purpose of the
Bombay 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) 1000
Fees) Rules, 1954.
(23)
158. Prescribing Special Passes for the SS. 143 and 53 1004
import / export / transport of
intoxicants / hemp / mhowra flowers/
molasses.
159. Prohibiting employment of certain S. 143 (2) (i) 1007
category of persons by holders of
licences for sale of intoxicants
mhowra flowers or molasses.
[Superceded by the following
notification].
160. Regulation of Employment by the S. 143 (2) (i) 1007
Licence-Holders rules, 1996
161. Prohibiting the grant of certain S. 139 (1) (a) 1008
licences in Wardha district from
25th April, 1975.
162. Prohibition in Gadchiroli District. 1009
163. Prohibiting the grant of permits for S. 139 (1) (a) 1009
foreign liquor and country liquor in
Forms F.L.X-B and C.L. XXIV
respectively.
164. The Bombay Prohibition (Restriction S. 139 (1) (a) & 1009
on Grant of Licences) Order, 1980. (n)
165. The Bombay Prohibition (Restriction S. 139 (1) (a)& 1011
on Renewal or Re-grant of Licences) (n)
Order, 1980.
166. Prohibiting the grant of certain S. 139 (1) (a) 1013
licences in Tribal Areas of the State.
167. Exempting tribals, residing in Tribal S. 139 (1) (c) 1017
Areas from certain operations of and (d)
Sections 12 and 13 (b) and (c) in
respect of their own local traditional
drinks brewed etc.
168. The Maharashtra Through Transport Ss. 143 (2) and 1019
Rules, 1997. 29.
169. Exempting from provisions of S. 139 (1) (d) 1025
Section 105, the excisable articles
transported in accordance with the
provisions of the Maharashtra
Through Transport Rules, 1962.
(24)
170. Exempting advertisements of certain S. 24 (2) (d) 1025
intoxicants from operation of
Section 24(1)(a).
171. Exempting certain intoxicants from S.139 (d) 1025
provisions of Sections 12 (c) and (d)
and 13(b).
172. Certain preparations containing alcohol S.25 1027
upto certain percentage are exempted
from certain provisions of various
sections of the Act.
173. Elimination of pies in the recovery of S.143 1028
Excise 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) 1033
Gur or/and rotten dates. (Cancelled).
177. The Bombay Prohibition (Closure of S.139 (1) (2) 1033
Licence on Resolution by the Village
Panchayat or Gram Sabha or Women /
Social Organisation or Representation
by Voters in the village or ward of
Municipal Council / Corporation)
Order, 2003. [Superceded by following
Order]
178. The Bombay Prohibition (Closure of S.139 (1) (2) 1033
Licence on Resolution by Gram Sabha
or Representation by Voters in the
war of Municipal Council/ Corporation)
Order, 2008.
179. The Maharashtra Potable Liquor S.143; S.53; 1036
(Periodicity and Fees for Grant, S.49
Renewal or Continuance of Licences)
Rules, 1996.
CHAPTER XVI - Powers
180. Investing Officers of the various S.6 1038
Departments with powers under various
Sections 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 functions
under various Sections of the Act.
182. Delegating powers under certain S.10 1053
Sections of the Act to the Commissio-
ner and the Collectors, including
powers under Section 104.
183. Empowering all salaried Presidency S.93 1055
Magistrates under Section 93 of the
Act.
184. Specifying the rank of Prohibition S.127 (1 ) 1055
Officer for the purpse of Section 127 (1)
185. Appointing Additional Collectors to S.4 1055
exercise all powers and to perform
all duties or functions assigned to
Collectors, under the Act.
186. Investing Officers of Police and S.6 1055
Prohibition Departments with powers
under Sections 100 and 101 of the Act.
CHAPTER XVII – Appeals and Revisions.
187. The Bombay Prohibition (Appeal) S.143 1056
Rules, 1953.
188. Investing the Secretary to the Gover- S.6 1058
nment , Home Department (Transport),
In-charge of Prohibition Division, with
all powers, duties and functions of the
State Government under Sections 137 (1),
(2) and 138.
189. Investing Secretary to the Government, S.6 1058
Home Department (Transport) with the
powers, under Sections 54(3), 137 (1) ,
(2) and 138.
190. Discontinuation of powers of Secretary S.6 1058
to 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 1066
Order, 1960 (rescinded w.e.f. 22-6-1993)
4. The Maharashtra Molasses Fund Utilisation Order, 1066
1976 (rescinded w.e.f. 22-6-1993)
5. The Molasses Control Order, 1961 (rescinded w.e.f. 1067
10-6-1993)
6. The Ethyl Alcohol ( Price Control) Order, 1971 (rescinded 1067
w.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 title
extent and
commence-
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 ofliquor for sacramental purposes;
(2) “to bottle” with its various grammatical variations, means to transfer any articlefrom 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 of
1959.
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 of
1959.
31949 : Bom. XXV] Bombay Prohibition Act, 1949
(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 and
varnish prepared out of such spirit or alcohol;]
4 * * * * *
(12) “ to drink” with its grammatical variations means to drink liquor or to consume
any 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 the
Seventh 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 imposed
or ordered under the provisions of this Act, or of any other law for the time being in
force relating to intoxicants;
(16) “export” (except in section 147) means to take out of the 8[State] otherwise
than 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 this
Act, 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).
4 Bombay Prohibition Act, 1949 [1949 : Bom. XXV
(18) “hemp” means any variety of the Indian hemp plant from which intoxicating
drugs 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] otherwise
than 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 to
be an intoxicant ;
(23) “intoxicating drugs” means—
(a) the leaves, small stalks and flowering or fruiting tops of the Indian hemp
plant (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 not
been submitted to any manipulations other than those necessary for packing and
transport ;
(c) any mixture with or without neutral materials of any of the above forms of
intoxicating drug or any drink prepared therefrom ; 5 *
6[(d) any other intoxicating or narcotic drug or substance together with
every preparation or admixture of the same which the State Government may be
notification in the Official Gazette, declare to be an intoxicating drug for the
purposes of the Act, such drug, substance, preparations or admixture, not being opium
coca 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.
51949 : Bom. XXV] Bombay Prohibition Act, 1949
(24) “liquor” includes—
(a) 1[spirits]’ 2[denatured spirits], wine, beer, toddy and all liquids consisting of orcontaining alcohol; and
(b) any other intoxicating substance which the 3 [State] Government may, bynotification 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 themanufacture 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 providedunder 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 ofCriminal Procedure, 1898;
(30) “opium” means—
(a) the capsules of the poppy (Papaver Somaniforum L) 7[whether in their
original form or cut or crushed or powdered and whether or not the juice has been
extracted therefrom];
(b) the spontaneously coagulated juice of such capsules which has not been
submitted 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
of
1951.
V of
1898.
6 Bombay Prohibition Act, 1949 [1949 : Bom. XXV
(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 the
expression “permit holder” shall be construed accordingly ;
(33) “ police station” means in the Greater Bombay a police staion as provided
under the provisions of the 3[Bombay Police Act,1951] and elsewhere any place
declared 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 this
Act;
(35) “Prohibition officer” includes the 4[Commissioners], Collector or any officer
or person appointed to exercise any of the powers or to perform any of the duties and
functions under the provisions of this Act 5[and also includes any officer or person
invested 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 the
limits 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 relating
to medical practitioners, and includes registered dentists as defined in the Dentists Act,
1948 and a veterinary practitioner registered under the †Bombay Veterinary
Practitioners Act, 1953 or under of any law corresponding thereto in any part of the
State;]
(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 customs
frontier; 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 of
1930.
Bom.
XXII of
1951.
V of
1898.
XVI of
1948.
Bom.
LXV of
1953.
71949 : Bom. XXV] Bombay Prohibition Act, 1949
1* * * * * * *
(43) “ spirit” means any liquor containing alcohol and obtained by distillation (whether
it is denatured or not) ;
(44) “sweet toddy or nira or neera” means unfermented juice drawn from a
coconut, brab, date or any kind of palm tree into receptacles treated in the prescribed
manner 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 line
according to the President’s Proclamation published in this behalf in the Government
of India, Ministry of External Affairs, Notification No. SRO-669, dated the 22nd March
1956, or such other distance as may be fixed from time to time by the President
hereafter ;]
(46) “toddy” means fermented or unfermented juice drawn from a coconut, brab, date
or 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 the
purpose 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 either
born or brought up or domiciled in any country outside India, but who visits India on a
tour 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) “vendor’s licence” means a licence granted under section 34;
(51) “visitor’s 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 to
any law corresponding to those Acts, respectively, in force in any part of the State.]
————
CHAPTER II
Establishment.
3. The 6[State] Government may, by notification in the Official Gazette, appoint an
officer to be called the 7[Commissioner of Prohibition and Excise], who subject to the
control 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 of
1898.
Bom. VI
of 1933.
Bom.
XXII of
1951.
8[Commissioner
of Prohibition
and 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).
8 Bombay Prohibition Act, 1949 [1949 : Bom. XXV
perform such duties and such functions as are conferred upon, by or under the
provisions of this Act and shall superintend the administration and carry out generally
the provisions of this Act:
2[Provided that, the person holding the office of Director of Prohibition and Excise
immediately before the commencement of the Maharashtra Director of Prohibition
and Excise (Change in Designation) Act, 1973 shall be the Commissioner of
Prohibition and Excise for the State and shall hold that Officer until the State
Government otherwise directs].
4. (1) The Collectors shall, within the limits of their jurisdiction 3* * *
* * * * * * exercise such powers and perform such
duties 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 Bombay
shall be subordinate to the 4[Commissioner]
(3) The 1[State] Government may, by notification in the Official Gazette, appoint
any person other than the Collector 5* * * * to exercise in any
district or place 6[all or any of the powers and perform all or any of the duties] as are
assigned by or under this Act to a Collector subject to such control, if any, in addition to
that of the 4[Commissioner] and of the 1[State] Government as the 1[State] Government
may from time to time direct.
5. To aid the 4[Commissioner] and the Collectors in carrying out the provisions of
this Act, the 1[State] Government may appoint such subordinate officers with such
designations, and assign to them such powers, duties and functions under this Act, rules
or regulation or orders made thereunder, as may be deemed necessary.
6. (1) The 1[State] Government may invest any officer of the Police Department or
any officer of any other department either personally or in right of his officeremove with
such powers, impose upon him such duties and direct him to perform such functions
under this Act, rules or regulations or orders made thereunder, as may be deemed
necessary and any such officers shall, thereupon, exercise the said powers, discharge the
said duties and perform the said functions in addition to the powers, duties and functions
incidental to his principal office.
(2) The 1[State] Government may also invest any person 8
* * * with
such powers, impose on him such duties and direct him to perform such functions
under this Act, rules or regulations or orders made thereunder, as may be deemed
necessary. Such persons may be given such designation as the 1[State] Government
may 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).
Subordinate
officers.
Collectors.
Investing
officers of7[Police and]
other
departments
with powers
and duties
under this
Act.
Mah.
LII of
1973.
91949 : Bom. XXV] Bombay Prohibition Act, 1949
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 State
Government.
(3) 6[Three members] shall form a quorum for the disposal of the business of the
Board.
(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 and
also 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 be
fit for use as intoxicating liquor.]
8[(7) Until the State Government has determined as aforesaid any article mentioned
in sub-section (1) to be fit for use as intoxicating liquor, every such article shall be
deemed to be unfit for such use.]
7. (1) The 9[State] Government may appoint 10[other boards and committees] to
advise 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 be
prescribed]
(3) The constitution of such 10[other boards and committees] and the procedure re-
garding their work shall be as may be prescribed.
Board of
Experts.
10[Other
Boards and
Committees].
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).
10 Bombay Prohibition Act, 1949 [1949 : Bom. XXV
(4) The 1[State] Government may direct that the members of such 2[other boards and
committees] 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 such
functions 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 such
fees and allowances as may be prescribed.
9. In exercise of their powers and in discharge of their duties and functions under
the provisions of this Act or rules, regulations or orders made thereunder all
Prohibition Officers and all officers including the officers of the Police and other
department shall, subject to the general or special orders of the 1[State] Government be
subordinate to and under the control of the 6[Commissioner] and shall be bound to
follow 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 it
under 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 powers
conferred on the 6
[Commissioner] or any other officer appointed or invested with
powers 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.
Medical
Boards.
Delegation.
Control of5[Commis-
sioner] over
Prohibition
Officers and
other
officers.
111949 : Bom. XXV] Bombay Prohibition Act, 1949
CHAPTER III
Prohibitions
11. Notwithstanding anything contained in the following provisions of this Chapter, it shall
be lawful to import, export, transport, manufacture 1[bottle], sell, buy, possess, use or consume
any intoxicant or hemp or to cultivate, 2[or to cultivate or collect hemp] or to tap any toddy
producing tree or permit such tree to be tapped or to draw toddy from such tree or permit toddy to
be drawn therefrom in the manner and to the extent provided by the provisions of this Act 3[or] any
rules, 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, in
respect of any Scheduled Area falling within the jurisdiction of a Gram Sabha and a Panchayat or a
Panchayat Samiti or a Zilla Parishad, as the case may be, it shall be competent for such Gram
Sabha or a Panchayat and the or the Panchayat Samiti or the Zilla Parishad to enforce prohibition
or to regulate or restrict the sale and consumption of intoxicant in Scheduled areas within its
jurisdiction ;
Provided that, the decision taken by majority of the Gram Sabhas concerned by passing a
resolution in the above matter shall be binding on the concerned Panchayat Samiti or the Zilla
Parishad 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.
12 Bombay Prohibition Act, 1949 [1949 : Bom. XXV
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 anymethod 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 spirituou