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Bombay Prohibition Act, 1949
Bombay Prohibition Act, 1949
Sections
1. Short Title, Extent and Commencement.
Section 12. Definitions.
Section 24. Collectors.
Section 45. Investing officers of [Police and] other departments with power and duties under this Act.
Section 58. Medical Boards.
Section 89. Control of [Directors] over Prohibition Officers and other officers.
Section 910. Delegation.
Section 1011. Manufacture, etc. of intoxicant to be permitted in accordance with provisions of Act, rules etc.
Section 1112. Prohibition of manufacture of liquor and construction and working of distillery or brewery.
Section 1213. Prohibition of sale, etc. of liquor.
Section 1314. Prohibition of export, import, transport, sale, manufacture, etc. of intoxicating drugs.
Section 1415. Prohibition of import, export, transport, sale, etc. of sweet toddy.
Section 1516. Prohibition of tapping of toddy producing trees and drawing of toddy.
Section 1617. Prohibition of possession, etc., of opium.
Section 1718. Prohibition of sale to [minors] .
Section 1820. Prohibition or production, etc. of Charas.
Section 2021. Alteration of denatured spirit.
Section 2122. Prohibition of allowing any premises to be used as common drinking house.
Section 2224. Prohibition of publication of advertisements relating to intoxicant, etc.
Section 2425. Exemption of preparations.
Section 2526. Distilleries and Warehouses for Intoxicants.
Section 2628. Passes for import, etc.
Section 2832. Licences for tapping for [neera] .
Section 3233. Trade and Import Licences.
Section 3334. Vendor's Licences.
Section 3435. Hotel licences.
Section 3538. Licences to shipping companies [and to Masters of ships] .
Section 3839. Permission to use or consume foreign liquor on [**] warships, troopships and in [messes and canteen of armed forces] .
Section 3940B. Emergency Permits.
Section 40B41. Special permits to foreign sovereigns etc.
Section 4144. Licence to Clubs.
Section 4445. Authorization for sacramental purposes.
Section 4547. Interim permit.
Section 4752. Power of authorised officers to grant licences, permits and passes in certain cases.
Section 5253. General conditions regarding licences, etc.
Section 5354. Power to cancel or suspend licences and permits.
Section 5455. Holder of licence, etc. not entitled to compensation or refund of fee for cancellation or suspension thereof.
Section 5556. Cancellation for other reasons.
Section 5657. Attachment of Licence.
Section 5758. Right, title or interest under licence not liable to be sold or attached in execution.
Section 5859C. Prohibition against possession of denatured spirituous preparation in excess of Prescribed Limit and the regulation of its Possession in Excess of Prescribed Limit.
Section 59C59D. Regulation of manufacture, etc. of denatured spirituous preparation.
Section 59D60. Prohibition of export or Import of mhowra flowers.
Section 6061. Control of export, etc. of molasses.
Section 6162. Provisions of Sections 53 to 59 to apply to licences granted under section 61.
Section 6164. Prohibition against possession of rotten gur in excess of prescribed limits.
Section 6464A. Regulation of manufacture, etc , of rotten gur.
Section 64A64B. Regulation of manufacture, etc., of ammonium chloride.
Section 64B64C. Provision of sections 53 to 59 to apply to licences, permits etc. granted under sections 64, 64 A and 64B.
Section 64C65. Penalty for illegal import, etc. of intoxicant or hemp.
Section 6566. Penalty for illegal cultivation and collection of hemp and other matter.
Section 6668. Penalty for opening etc., of common drinking house.
Section 6869. Penalty for illegal import, etc. of mhowra flowers.
Section 6970. Penalty for illegal import of molasses.
Section 7073. Penalty for printing or publishing advertisement in contravention of provisions of Act, etc.
Section 7374. Penalty for circulating etc. news-papers, etc. containing advertisements regarding intoxicants, etc..
Section 7475. Penalty for inciting or encouraging certain acts [***] .
Section 7576. Penalty for neglect to keep measures, etc.
Section 7677. Penalty for misconduct by licensee, etc.
Section 7778. Penalty for misconduct by licensed vendor or manufacturer.
Section 7879. Liability of licensee for acts of servant.
Section 7980. Import, export, etc. of intoxicant by any person on account of another.
Section 8081. Penalty for attempts or abetment.
Section 8182. Breach of licence, permit, etc. to be an offence.
Section 8283. Penalty for conspiracy.
Section 8384. Penalty for being found drunk in any drinking house.
Section 8485. Penalty for being drunk and for disorderly behaviour.
Section 8586. Penalty for allowing any premises to be used for purpose of committing an offence under Act.
Section 8687. Penalty for chemist, druggist or apothecary for allowing his premises to be used for the purpose of consumption of liquor.
Section 8788. Penalty for issuing false prescriptions.
Section 8889. Penalty for maliciously giving false information.
Section 8990. Penalty for offences not otherwise provided for.
Section 9091. Demand for security for abstaining from commissioner of certain offences.
Section 9193. Demand of security for good behaviour.
Section 9394. Execution of bonds in respect of minors.
Section 9495. Punishment for vexatious search, seizure or arrest.
Section 9597. Punishment for Abetment for escape of person arrested.
Section 9798. Things liable to confiscation.
Section 9899. Return of things liable to confiscation to bona fide owners.
Section 99100. Procedure in confiscation.
Section 100101. Power of Collector etc. to order sale or destruction of articles liable to confiscation.
Section 101102. Forfeiture of any publication containing advertisement matter [soliciting] use of intoxicants.
Section 102103. Presumption as to commission of offences in certain cases.
Section 103104. Compounding of offences.
Section 104105. Excise Duties.
Section 105106. Manner of levying excise duties.
Section 106107B. Power to obtain information and to search and seize excisable articles.
Section 107B108. Penalty for import of intoxicant, etc., without payment of duty.
Section 108109. Duty on tapping of toddy trees.
Section 109110. Duty by whom payable.
Section 110111. Owner of trees entitled to assistance for duty paid.
Section 111112. Privilege of drawing toddy from trees belonging to Government.
Section 112116. Procedure to be followed by Magistrates.
Section 116117. Investigations arrest, searches, etc., how to be made.
Section 117119. Certain offences to be non-bailable.
Section 119121. Power to open packages etc.
Section 121123. Arrest of offenders and seizure of contraband articles.
Section 123124. Power to obtain information.
Section 124125. Power to seize intoxicants, etc.
Section 125126. Arrest without warrant.
Section 126127. Arrest of offenders failing to give names.
Section 127128. Issue of warrants.
Section 128129. Prohibition Officers may be empowered to investigate offences.
Section 129129B. Documents or reports of registered medical practitioner, etc. as Evidence.
Section 129B130. Arrested persons and things seized to be sent to officer in-charge of police station.
Section 130131. Bail by Prohibition Officer.
Section 131132. Articles seized.
Section 132133. Duty of [Officer of the Government] and local authorities to assist.
Section 133135. Landlords and others to give information.
Section 135137. Appeals.
Section 137139. General powers of [State] Government in respect of licences, etc.
Section 139140. Power of [State] Government to prohibit, regulate or control consumption or use of intoxicants, etc. in public place.
Section 140141. Employment of additional police.
Section 141143. Power of [State] Government to make rules.
Section 143145. Officers and persons acting under this Act to be public servants.
Section 145146. Bar of proceedings.
Section 146146B. Provisions of Act not to apply to Government.
Section 146B147. Provisions of this Act not to apply to import or export across customs frontier.
Section 147148. Repeal and amendments.
Section 1481. Section 46
Section 462. Section 61-AA shall be deleted.
Section 61-AA1. In Section 27,-
Section 272. Section 122-A shall be deleted.
Section 122-A
bombay-prohibition-act-1949.json
•
123 Sections
•
Gujarat
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"id": 16531,
"slug": "bombay-prohibition-act-1949",
"title": "Bombay Prohibition Act, 1949",
"short_title": "Bombay Prohibition Act, 1949",
"act_number": "Bombay Act No. 25 of 1949",
"act_year": 1949,
"act_type": "STATE",
"location": "Gujarat",
"law_status": "unknown",
"enactment_date": null,
"description": "Bombay Prohibition Act, 1949",
"preamble": "",
"section_label": "Section",
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{
"number": "1",
"title": "1. Short Title, Extent and Commencement.",
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"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(1) \"authorisation\" means an authorization granted under section 45 for the use of liquor for sacramental purposes;\n(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 purpose of sale, whether any process of manufacture be employed or no bottling includes re-bottling;\n[***]\n[(4) \"Collector\" includes an officer appointed by the State Government to exercise all or any of the powers and to perform all or any of the duties or functions of a Collector under this Act;]\n(5) \"Director\" means an officer appointed as the Director of Prohibition and Excise under section 3, and includes any officer on whom the State Government may confer all or any of the powers of the Director under this Act;]\n(6) \"Committee [or board] \" means [a committee or board] appointed by the [State] Government under section 7;\n(7) \"Common drinking house\" means a place where the drinking of liquor or consumption of any intoxicating drug is allowed for the profit or gain of the person owning, occupying, using, keeping or having the care of management or control of such place whether by way of charge for the use of the place or for drinking facilities provided, or otherwise howsoever and includes the premises of a club or any other place which is habitually used for the purpose of drinking liquor or consuming any intoxicating drug by more than one person without a licence granted under this Act;\n(8) \"country liquor\" includes all liquor produced or manufactured in India;\n[(9) \"cultivation\" means raising a plant from seed and includes the tending or protecting of a plant during its growth;]\n(10) \"denatured\" means subjected to a process prescribed for the purpose of rendering unfit for human consumption;\n[(10a) \"denatured spirituous preparation\" means [any liquid preparation made with and containing denatured spirit] [or denatured alcohol] and includes lacquers, French Polish, and varnish prepared out of such spirit or alcohol;]\n[***]\n(12) \"to drink\" with its grammatical variations means to drink liquor or to consume any intoxicating drug;\n(13) \"excisable article\" means-\n(a) any alcoholic liquor for human consumption;\n(b) an intoxicating drug [or hemp] ;\n(c) opium;\n[(d) other narcotic drugs and narcotics which the State Government may by notification in the Official Gazette , declare to be an excisable article] ;\n(14) \"excise duty\" and \"countervailing duty\" means such excise duty or countervailing duty, as the case may be, as is mentioned in [entry 51 in List II in the Seventh Schedule to the Constitution] ;\n(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;\n(16) \"export\" (except in section 147) means to take out of the [State] otherwise than across a customs frontier. [******]\n(17) \"foreign liquor\" [means all liquor produced or manufactured outside India:]\n(18) \"hemp\" means any variety of the Indian hemp plant from which intoxicating drugs can be produced;\n(19) \"hotel licence\" means a licence granted under section 36:\n[(19a) \"household\" means a group of persons residing and messing jointly as members of one domestic unit, but does not include their servants;]\n(20) \"import\" (except in section 147) means to bring into the [State] otherwise than across a custom frontier [***]\n(21) \"interim permit\" means a permit granted under section 47;\n(22) \"intoxicant\" means any liquor, intoxicating drug, opium or any other substance, which the [State] Government may, by notification in the Official Gazette declare to be an intoxicant;\n(23) \"Intoxicating drugs\" means-\n[(a) Ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be called;]\n[(b) charas, that is, the separated resin whether crude or purified obtained from cannabis plant] ;;\n(c) any mixture, with or without neutral materials of any of the above forms of intoxicating drug, or any drink prepared therefrom; [****]\n[(d) any other intoxicating or narcotic drug or substance together with every preparation or admixture of the same which the State Government may by notification in the Official Gazette , declare to be an intoxicating drug for the purposes of the Act, such drug, substance, preparation or admixture, not being opium, coca leaf or a manufactured drug as defined in section 2 of the Dangerous Drugs Act, 1930 (II of 1920);]\n[(23-A) \"Laththa\" means spurious liquor, which contains methanol or any other poisonous substances, which may cause harmful or injurious effects to the human body or death of a person.]\n(24) \"liquor\" includes-\n(a) [spirits] , [denatured spirits] , wine, beer, toddy and all liquids consisting of or containing alcohol; and\n(b) any other intoxicating substance which the [State] Government may, by notification in the Official Gazette , declare to be liquor for the purposes of this Act;\n(25) \"manufacture\" includes-\n(a) every process whether natural or artificial by which any liquor or intoxicating drug is produced, prepared or blended and also re-distillation and every process for the [rectification, flavouring, or colouring of liquor or intoxicating drug] but does not include flavouring, blending or colouring of liquor or intoxicating drug lawfully possessed for private consumption; and\n(b) every process of producing and drawing of toddy from trees;\n(26) \"Medical Board\" means a board constituted under section 8;\n(27) \"mhowra flower\" does not include the berry or seed of the mhowra tree;\n(28) \"molasses\" means the heavy, dark coloured [viscous liquid produced] in the final stage of the manufacture of gur or sugar containing, in solution or suspension, sugars which can be fermented, [and includes the solid form of such liquid and also any product formed by the addition to such liquid or solid of any ingredient which does not substantially alter the character of such liquid or solid;] but does not include any article which the [State] Government may, by notification in the Official Gazette , declare not to be molasses, for the purposes of this Act;\n(29) \"Officer in charge of a Police Station\" includes-\n[***]\n(b) [***] the officer in charge of a police station as defined in [the Code of Criminal Procedure, 1973 (2 of 1974)] ;\n(30) \"opium\" means-\n(a) the capsules of the poppy (Papaver Somniforum L), [whether in their original form or cut, or crushed or powdered and whether or not the juice has been extracted therefrom] ;\n(b) the spontaneously coagulated juice of such capsules [***] ; and\n(c) any mixture with or without neutral materials of any of the above forms of opium;\n[***] (32) \"permit\" means a permit granted under [the provisions of this Act] and the expression \"permit holder\" shall be construed accordingly; (33) \"police station\" means [***] any place declared to be a police station for the purposes of [the Code of Criminal Procedure, 1973 (2 of 1974)] ; (34) \"prescribed\" means prescribed by the rules, orders or regulations under this Act; (35) \"Prohibition officer\" includes the [Director] , 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 [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;] [(36) `State' means the [State of Gujarat] including the space within the limits of the territorial waters appertaining to it;] [(37) \"rectification\" includes every process whereby liquor is purified or refined;] [(38) \"registered medical practitioner\" means a person who is entitled to practise 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 (XVI of 1948) and a veterinary practitioner registered under the Bombay Veterinary Practitioners' Act, 1953 (LXVIII of 1953) or under any law corresponding thereto in any part of the State;] (39) \"regulations\" means regulations made under this Act; [(39A) \"rotten gur\" means the article known as gur, gul, jaggery, Palmyra jaggery or rab and other intermediary product prepared by boiling or processing juice pressed out of sugar cane or extracted from Palmyra palm, date palm sago plam, barb palm or coconut Palm with or without admixture of molasses and which is in a liquid form or a semi-liquid or viscous form and which has a dark brown or a black colour or which in spite of being in a solid liquid semi-liquid or viscous form is unfit for human consumption owing to its becoming filthy, putrid, disgusting or decomposed [and shall include on chemical analysis, if it contains - (i) total sugar (expressed as invert sugar) less than 90 per cent and sucrose less than 60 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 by hydrochloric acid (HCL), more than 0.5 per cent, or (v) more than 10 per cent of moisture, or (vi) sulphur dioxide in concentration exceeding 70 parts per cillion;] (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; [***] The word \"buy\" with its grammatical variations shall be construed accordingly;\n(32) \"permit\" means a permit granted under [the provisions of this Act] and the expression \"permit holder\" shall be construed accordingly;\n(33) \"police station\" means [***] any place declared to be a police station for the purposes of [the Code of Criminal Procedure, 1973 (2 of 1974)] ;\n(34) \"prescribed\" means prescribed by the rules, orders or regulations under this Act;\n(35) \"Prohibition officer\" includes the [Director] , 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 [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;]\n[(36) `State' means the [State of Gujarat] including the space within the limits of the territorial waters appertaining to it;]\n[(37) \"rectification\" includes every process whereby liquor is purified or refined;]\n[(38) \"registered medical practitioner\" means a person who is entitled to practise 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 (XVI of 1948) and a veterinary practitioner registered under the Bombay Veterinary Practitioners' Act, 1953 (LXVIII of 1953) or under any law corresponding thereto in any part of the State;]\n(39) \"regulations\" means regulations made under this Act;\n[(39A) \"rotten gur\" means the article known as gur, gul, jaggery, Palmyra jaggery or rab and other intermediary product prepared by boiling or processing juice pressed out of sugar cane or extracted from Palmyra palm, date palm sago plam, barb palm or coconut Palm with or without admixture of molasses and which is in a liquid form or a semi-liquid or viscous form and which has a dark brown or a black colour or which in spite of being in a solid liquid semi-liquid or viscous form is unfit for human consumption owing to its becoming filthy, putrid, disgusting or decomposed [and shall include on chemical analysis, if it contains -\n(i) total sugar (expressed as invert sugar) less than 90 per cent and sucrose less than 60 per cent, or\n(ii) extraneous matter insoluble in water more than 2 per cent, or\n(iii) total ash more than 6 per cent, or\n(iv) ash insoluble in by hydrochloric acid (HCL), more than 0.5 per cent, or\n(v) more than 10 per cent of moisture, or\n(vi) sulphur dioxide in concentration exceeding 70 parts per cillion;]\n(40) \"rules\" means rules made under this Act;\n(41) \"sell\" with its grammatical variations includes-\n(a) any transfer whether such transfer is for any consideration or not,\n(b) any supply or distribution for mutual accommodation, and\n(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; [***]\n[***]\n(43) \"spirit\" means any liquor containing alcohol and obtained by distillation (whether it is denatured or not)\n(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\n[(45) \"territorial waters\" with reference to the State, means any part of the open sea within a distance of twelve nautical miles from the nearest point of the appropriate base line or such other distance as may be fixed by or under any law made by Parliament;]\n(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 or neera\n(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;\n[(47A) `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;\n(47B) `tourists permit' means a permit granted under section 46-A;]\n(48) \"trade and import licence\" means a licence granted under section 33;\n(49) \"transport\" means to move from one place to another within the [ [(State)] ] ;\n(50) \"vendor's licence\" means a licence granted under section 34;\n(51) \"visitor's permit\" means a permit granted under section 46;\n[(52) any reference to [the Code of Criminal Procedure, 1973 (2 of 1974)] the Bombay Village Panchayats Act, 1933, (Bombay VI of 1933), or the Bombay Police Act, 1951, (Bombay XXII of 1951), includes a reference to any law corresponding to those Acts, respectively, in force in any part of the State.]\nChapter II\nEstablishment\n3. [Director of Prohibition and Excise] .",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "4",
"title": "4. Collectors.",
"chapter": null,
"content": "Subordinate officers:",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "5",
"title": "5. Investing officers of [Police and] other departments with power and duties under this Act.",
"chapter": null,
"content": "6.\n[6A. Board of Experts.\n(a) any medicinal or toilet preparation containing alcohol, or\n(b) any antiseptic preparation or solution containing alcohol, or\n(c) any flavouring extract, essence or syrup containing alcohol,\n7. [Other Boards and Committees] .",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "8",
"title": "8. Medical Boards.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "9",
"title": "9. Control of [Directors] over Prohibition Officers and other officers.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "10",
"title": "10. Delegation.",
"chapter": null,
"content": "Chapter III\nProhibitions",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "11",
"title": "11. Manufacture, etc. of intoxicant to be permitted in accordance with provisions of Act, rules etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "12",
"title": "12. Prohibition of manufacture of liquor and construction and working of distillery or brewery.",
"chapter": null,
"content": "(a) manufacture liquor\n(b) construct or work any distillery or brewery;\n(c) import, export, transport or possess liquor; or\n(d) sell or buy liquor.",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "13",
"title": "13. Prohibition of sale, etc. of liquor.",
"chapter": null,
"content": "(a) bottle any liquor for sale;\n(b) consume or use liquor; or\n(c) use, keep or have in his possession any materials, still, utensils, implements or apparatus whatsoever for the manufacture of any liquor.",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "14",
"title": "14. Prohibition of export, import, transport, sale, manufacture, etc. of intoxicating drugs.",
"chapter": null,
"content": "(a) export, import, transport or possess any intoxicating drug;\n(b) cultivate or collect the hemp [***]\n(c) use, keep or have in his possession any materials, still, utensils, implements or apparatus whatsoever for the manufacture of any intoxicating drug;\n(d) sell or buy any intoxicating drug;\n(e) consume or use any intoxicating drug; or\n(f) manufacture any intoxicating drug.",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "15",
"title": "15. Prohibition of import, export, transport, sale, etc. of sweet toddy.",
"chapter": null,
"content": "(a) import, export, transport or possess sweet toddy or nira;\n(b) bottle sweet toddy or nira for sale; or\n(c) sell or buy sweet toddy or nira.",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "16",
"title": "16. Prohibition of tapping of toddy producing trees and drawing of toddy.",
"chapter": null,
"content": "(a) tap any toddy-producing tree or permit to be tapped any toddy-producing tree belonging to him or in his possession; or\n(b) draw toddy from any tree or permit toddy to be drawn from any tree belonging to him or in his possession.",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "17",
"title": "17. Prohibition of possession, etc., of opium.",
"chapter": null,
"content": "(a) possess opium;\n(b) transport opium;\n(c) import or export opium;\n(d) sell or buy opium; or\n(e) consume or use opium.",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "18",
"title": "18. Prohibition of sale to [minors] .",
"chapter": null,
"content": "19. [Prohibition of sale of toddy].",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "20",
"title": "20. Prohibition or production, etc. of Charas.",
"chapter": null,
"content": "(a) Produce, (f) transport,\n(b) manufacture, (g) buy,\n(c) Possess (h) sell,\n(d) export, (i) consume, or\n(e) Import, (j) use Charas.",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "21",
"title": "21. Alteration of denatured spirit.",
"chapter": null,
"content": "(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 consumption, whether as a beverage or internally as a medicine or in any other way whatsoever; or\n(b) have in his possession any denatured spirit in respect of which he knows or has reason to believe that such alteration or attempt has been made.\n[21A. Alteration of denatured spirituous preparation.\n(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 be used for human consumption as an intoxicating liquor; or\n(b) have in his possession any denatured spirituous preparation in respect of which he knows or has reason to believe that such alteration or attempt has been made.]",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "22",
"title": "22. Prohibition of allowing any premises to be used as common drinking house.",
"chapter": null,
"content": "(a) open or keep or use any place as a common drinking house; or\n(b) have the care, management or control of, or in any manner assist in conducting the business of, any place opened, or kept or used as a common drinking house.\n[22A. Prohibition of issuing prescriptions for intoxicating liquor except by registered medical practitioners.\n23. [Prohibition of soliciting use of intoxicant or hemp or doing any act calculated to incite or encourage member of public to commit offence] .\n(a) [***] solicit the use of, [or] offer any intoxicant or hemp; or\n[***] (c) do any act which is calculated to incite or encourage any member of the public or a class of individuals or the public generally to commit any offence under this Act or to commit a breach of any rule, regulation or order made thereunder or the conditions of any licence, permit, pass or authorization granted thereunder. 24. Prohibition of publication of advertisements relating to intoxicant, etc. - (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 or distribute any advertisement or other matter,-\n(c) do any act which is calculated to incite or encourage any member of the public or a class of individuals or the public generally to commit any offence under this Act or to commit a breach of any rule, regulation or order made thereunder or the conditions of any licence, permit, pass or authorization granted thereunder.",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "24",
"title": "24. Prohibition of publication of advertisements relating to intoxicant, etc.",
"chapter": null,
"content": "(a) which [*] solicits the use of or offers any intoxicant or hemp;\n(b) which is calculated to encourage or incite any individual class of individuals or the public generally to commit an offence under this Act, or to commit a breach of or to evade the provisions of any rule, regulation or order made thereunder or the conditions of any licence, permit, pass or authorization granted, thereunder.\n(a) catalogues or price lists which may be generally or specially approved by the [Director] in this behalf;\n(b) any advertisement or other matter contained in any newspaper, news-sheet, book, leaflet, booklet or other publication printed and published outside the [State] ;\n(c) any advertisement or other matter contained in any newspaper printed, and published in the [State] before such date as the [State] Government may by notification in the Official Gazette , specify; and\n(d) any other advertisement or matter which the [State] Government may, by notification in the Official Gazette , generally or specially exempt from the operation of this section.\n(a) which [*] solicits the use of or offers any intoxicant or hemp; or\n(b) which is calculated to encourage or incite any individual or class of individuals or the public generally to commit any offence under this Act or to commit a breach of or to evade the provisions of any rule, regulation or order made thereunder, or the conditions of any licence, permit, pass or authorisation granted thereunder.\n[24A. This chapter not to apply to [certain articles] .\n(1) any toilet preparation containing alcohol which is unfit for use as intoxicating liquor;\n(2) any medicinal preparation containing alcohol which is unfit for use as intoxicating liquor;\n[(3) any antiseptic preparation or solution containing alcohol which is unfit for use as intoxicating liquor.\n(4) any flavouring extract, essence or syrup containing alcohol which is unfit for use as intoxicating liquor:]\n[24IA. Prohibition of consumption of medicinal preparation containing alcohol in excess of normal dose.\n24-IB. Prohibition of entry in State in intoxicated condition.\nChapter IV\nControl, Regulation and Exemptions",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "25",
"title": "25. Exemption of preparations.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "26",
"title": "26. Distilleries and Warehouses for Intoxicants.",
"chapter": null,
"content": "(a) establish a distillery in which spirit may be manufactured in accordance with a licence issued under this Act on such conditions as the [State] Government deems fit to impose;\n(b) discontinue any distillery established;\n(c) license, on such conditions as the [State] Government deems fit to impose, the construction and working of a distillery or brewery;\n(d) establish or license a warehouse wherein any [intoxicant] , hemp, mhowra flowers or molasses may be deposited and kept without payment of duty and\n(e) discontinue any warehouse so established.\n27. [Intoxicant] or hemp not to be removed from ware-house, etc.",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "28",
"title": "28. Passes for import, etc.",
"chapter": null,
"content": "(a) the name of the person authorised to import, export or transport [intoxicant] or hemp;\n(b) the period for which the pass is to be in force;\n(c) the quantity and description of [intoxicant] or hemp for which it is granted.\n(d) the places from and to which [intoxicant] or hemp are to be imported, exported or transported and in the case of places more than [sixteen kilometres] apart, the route by which they are to be conveyed.\n[29. Through transport.\n(a) of any consignment of any intoxicant, hemp, denatured spirituous preparation, [mhowra flowers, molasses, rotten gur or ammonium chloride] by a railway administration or by any steamer, ferry, road, transport or air service, or\n(b) of any intoxicant, hemp, denatured spirituous preparation, [mhowra flowers, molasses, rotten gur or ammonium chloride] , otherwise than by way of consignment, shall be subject to such conditions as may be prescribed.]\n30. [Licence for possession of denatured or rectified spirit and alcohol for industrial or medical purposes.].\n[31. Licences for bona fide medical or other purposes.\n[31A. Licences for purchase, etc., of liquor for manufacture of [articles mentioned] in section 24A.]",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "32",
"title": "32. Licences for tapping for [neera] .",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "33",
"title": "33. Trade and Import Licences.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "34",
"title": "34. Vendor's Licences.",
"chapter": null,
"content": "(i) the stock of foreign liquor with the licensee (except what is permitted for the disposal in the shop) shall be kept by him at [godown] approved by Government.\n[***]\n(iii) the licensee shall pay all rent, costs, charges and expenses incidental to warehousing and supervision.\n[(iv) the licensee may sell any part of the stock of foreign liquor to foreign liquor licensees or to chemists, canteens, messes and clubs, holding licences in the State, or to any persons outside the State, subject to such conditions as the Director may impose;\n(v) the licensee shall be permitted to sell foreign liquor only to holders of permits or authorizations;]\n(vi) the licensee shall be entitled to keep in his shop such quantity of liquor as may be required by him from time to time for retail sale;\n(vii) the licensee shall keep accounts and shall dispose of [foreign liquor] according to such instructions as may be given by the [Director] , or any officer authorized in this behalf by the [Director] .",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "35",
"title": "35. Hotel licences.",
"chapter": null,
"content": "(i) liquor shall be sold [***] to the permit holders [residing or boarding] at the hotel,\n(ii) consumption of liquor sold shall not be allowed in any of the rooms of the hotel to which any member of the public has access.\n(iii) the holders of hotel licences shall pay the expenses of any officer of the excise establishment, if any, required for grant and control of permits on the premises [or for the supervision over the issue and consumption of foreign liquor in the hotel] .\n36. [Special import Licence(s) to hotels.].\n37. [Dining car licences.].",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "38",
"title": "38. Licences to shipping companies [and to Masters of ships] .",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "39",
"title": "39. Permission to use or consume foreign liquor on [**] warships, troopships and in [messes and canteen of armed forces] .",
"chapter": null,
"content": "(i) the sale of foreign liquor to,\n(ii) the purchase, use or consumption of such liquor by,-\n(a) the members of the armed forces in messes and canteens [of the armed forces]\n(b) the crew of warships or troopships and the members of the armed forces thereon.]\n40. [Temporary resident's permits.\n(a) that such person is not a minor\n[***]\n(c) (i) that such person was either born and brought up or domiciled in any country outside India where such liquor is being generally used or consumed; or\n(ii) that such person is on the Register of Foreigners under the Registration of Foreigners Act, 1939, (XVI of 1939) and is not domiciled in [India]\n(al) such person has been residing and intends to reside in India temporarily and that such person has a fixed and settled purpose of making his sole and permanent home in any country outside India; and\n(bl) that such person has been ordinarily using or consuming such liquor.\n[40A. Health Permits.",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "40B",
"title": "40B. Emergency Permits.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "41",
"title": "41. Special permits to foreign sovereigns etc.",
"chapter": null,
"content": "(a) a Sovereign or Head of a foreign State;\n(b) an Ambassador, Diplomatic Envoy or Consul, Honorary Consul or Trade, Commerce or other representative of a foreign State;\n(c) a member of the staff appointed by or serving under any person, specified in clause (a) or (b): Provided that such member is a national of a foreign State; [**]\n[(cl) a member of a foreign Government;\n(c2) a representative or officer of any international organization to which privileges and immunities are given from time to time by or under the United Nations (Privileges and Immunities) Act, 1947 (XLVI of 1947); and]\n(d) the Consort of any person specified in clauses (a), (b), [(c), (cl) or (c2)] or any relation of such person dependent upon him.]\n42. [Permits to be non-transferable].\n[43. Regulation of use or consumption of foreign liquor by certain permit holders.",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "44",
"title": "44. Licence to Clubs.",
"chapter": null,
"content": "[***]\n(b) that no liquor shall be served to the holder of any permit in any room of the club to which the public have access at the time when any person who does not hold such permit is present;\n(c) that the club when authorised [in writing] by any member who is the holder of a permit may stock the permitted quantity of liquor on account of such member [*****]\n[***]\n[***]",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "45",
"title": "45. Authorization for sacramental purposes.",
"chapter": null,
"content": "[46. Visitor's Permit.\n(a) (i) is a citizen of a foreign country, or a citizen of India and resides in any part of India, where consumption of alcoholic liquor is not generally prohibited by law; or\n(ii) is a citizen of a foreign country or is a citizen of India and resides in any part of India, where consumption of liquor is prohibited by law, but has been consuming such liquor under a permit or other authorization; and\n(b) visits the State for a period of not more than a week.\n[46A. [Tourist's permit] .",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "47",
"title": "47. Interim permit.",
"chapter": null,
"content": "48. [ [Permits] for consumption or use of intoxicating drugs [or opium.] .\n[48A. Permits to be non-transferable.\n49. [Power to make rules or pass orders for possession, etc. of opium.].\n50. [Warehousing of opium.].\n51. [Rules for sale, etc. of warehoused intoxicant or hemp.].",
"footnote": "",
"is_definition": false,
"sort_order": 32
},
{
"number": "52",
"title": "52. Power of authorised officers to grant licences, permits and passes in certain cases.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 33
},
{
"number": "53",
"title": "53. General conditions regarding licences, etc.",
"chapter": null,
"content": "[53A. Certain licensees required to keep measures, etc.\n(a) to equip himself with and keep such measures and weights and such instruments for testing the strength or quality of the intoxicant or hemp as the Collector may prescribe, and to keep the same in good condition, and\n(b) on a requisition of any Prohibition Officer, duly empowered in this behalf, at any time to measure, weigh or test any intoxicant or hemp in his possession or to have it measured, weighed or tested in such manner as the Prohibition Officer may require.]",
"footnote": "",
"is_definition": false,
"sort_order": 34
},
{
"number": "54",
"title": "54. Power to cancel or suspend licences and permits.",
"chapter": null,
"content": "(a) if any fee or duty payable by the holder thereof is not duly paid;\n(b) if the purpose for which the licence, permit, pass or authorisation was granted ceases to exist;\n(c) in the event of any breach by the holder of such licence, permit, pass or authorisation or by his servant or by any one acting with his express or implied permission on his behalf of any of the terms or on his behalf of any conditions of such licence, permit, pass or authorisation or of any licence, permit, pass or authorisation previously held by the holder;\n(d) if the holder thereof or any person in the employ of such holder or any person acting with his express or implied permission on his behalf is convicted of any offence under this Act or if the holder of the licence, permit, pass or authorisation is convicted of any cognizable and non-bailable offence or [of any offence under the Dangerous Drugs Act, 1930 (II of 1930)] , [or under the Drugs and Cosmetics Act, 1940 (XXII of 1940), or under the Bombay Drugs (Control) Act, 1959 (Bombay XI of 1960)] , or under the Indian Merchandise Marks Act 1889, (IV of 1889), or of any offence punishable under sections 482 to 489 (both inclusive) of the Indian Penal Code, [or of any offence punishable under section 112 of the Customs Act, 1962 (XLV of 1860), for an act specified in clause (d) of section 111 of the said Act, including the abetment of the doing, or the omission, of such act;]\n[(e) if the licence, permit, pass or authorisation has been obtained through wilful misrepresentation or fraud.]",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "55",
"title": "55. Holder of licence, etc. not entitled to compensation or refund of fee for cancellation or suspension thereof.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 36
},
{
"number": "56",
"title": "56. Cancellation for other reasons.",
"chapter": null,
"content": "(a) on the expiration of not less than fifteen days' notice in writing of his intention to do so; or\n[(b) forthwith without notice, recording his reasons in writing for doing so.]",
"footnote": "",
"is_definition": false,
"sort_order": 37
},
{
"number": "57",
"title": "57. Attachment of Licence.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 38
},
{
"number": "58",
"title": "58. Right, title or interest under licence not liable to be sold or attached in execution.",
"chapter": null,
"content": "[58A. Supervision over manufacture, etc.\n59. [Director] entitled to require licence holder [or owner] to dispose of stocks.\n[Chapter IV-A]\nControl and Regulation of [Articles Mentioned in Section 24A] to Prevent their use as Intoxicating Liquor\n59A. [Manufacture of articles mentioned in section 24A] .\n(a) knowingly sell any [article mentioned in section 24A] for being used as an intoxicating drink, or\n(b) sell any such article under circumstances from which he might reasonably deduce the intention of the purchaser to use them for such purpose.\n[59AA. Control on manufacture etc. of articles mentioned in section 24A.\n59B. [Analysis of articles mentioned in section 24A] .\n[Chapter IV-B]\nControl and Regulation of Denatured Spirituous Preparations to Prevent their use as Intoxicating Liquor.",
"footnote": "",
"is_definition": false,
"sort_order": 39
},
{
"number": "59C",
"title": "59C. Prohibition against possession of denatured spirituous preparation in excess of Prescribed Limit and the regulation of its Possession in Excess of Prescribed Limit.",
"chapter": null,
"content": "(i) different local areas,\n(ii) different classes of persons, and\n(iii) different occasions.",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "59D",
"title": "59D. Regulation of manufacture, etc. of denatured spirituous preparation.",
"chapter": null,
"content": "(a) manufacture, sell or bottle for sale any denatured spirituous preparation, except under the authority and in accordance with the terms and conditions of a licence;\n(b) import, export or transport any denatured spirituous preparation in excess of the limit of possession specified under sub-section (1) of section 59-C, except under the authority and in accordance with the terms and conditions of a pass;\n(c) drink any denatured spirituous preparation.\nChapter V\nMhowra Flowers",
"footnote": "",
"is_definition": false,
"sort_order": 41
},
{
"number": "60",
"title": "60. Prohibition of export or Import of mhowra flowers.",
"chapter": null,
"content": "Control and regulation of transport, sale, etc., of mhowra flowers.\n(i) the said flowers are not unloaded in transit, and\n(ii) there is a vacation period at the place from which and to which the said flowers are transported at the time when the said flowers are despatched or arrived, as the case may be.\nChapter VI\nControl and Regulation of Molasses",
"footnote": "",
"is_definition": false,
"sort_order": 42
},
{
"number": "61",
"title": "61. Control of export, etc. of molasses.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 43
},
{
"number": "61",
"title": "62. Provisions of Sections 53 to 59 to apply to licences granted under section 61.",
"chapter": null,
"content": "[63. Provision of Act in relation to molasses to be in addition to and not in derogation of Bombay XXXVIII of 1956.\n[Chapter VI-A]\nControl and Regulation of Rotten Gur and Ammonium Chloride",
"footnote": "",
"is_definition": false,
"sort_order": 44
},
{
"number": "64",
"title": "64. Prohibition against possession of rotten gur in excess of prescribed limits.",
"chapter": null,
"content": "OLD LAW 6\n64. [Power of State Government to direct holder of stock of molasses to sell them at fixed price to any officer, person or class of persons.].",
"footnote": "",
"is_definition": false,
"sort_order": 45
},
{
"number": "64A",
"title": "64A. Regulation of manufacture, etc , of rotten gur.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 46
},
{
"number": "64B",
"title": "64B. Regulation of manufacture, etc., of ammonium chloride.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 47
},
{
"number": "64C",
"title": "64C. Provision of sections 53 to 59 to apply to licences, permits etc. granted under sections 64, 64 A and 64B.",
"chapter": null,
"content": "Chapter VII\nOffences and Penalties",
"footnote": "",
"is_definition": false,
"sort_order": 48
},
{
"number": "65",
"title": "65. Penalty for illegal import, etc. of intoxicant or hemp.",
"chapter": null,
"content": "(a) imports or exports any intoxicant [(other than opium)] or hemp,\n(b) manufactures any intoxicant [(other than opium)] ,\n(c) constructs or works any distillery or brewery,\n(d) bottles liquor,\n(e) [possesses, transports, sells or buys] any intoxicant [(other than opium)] or hemp, or\n(f) uses, keeps or has in his possession any materials, still, utensils, implements or apparatus for the purpose of manufacturing any intoxicant [(other than opium)] .\n[(g) cultivates or collects hemp.]\n(i) for a first offence, such imprisonment shall not be less than six months, and fine shall not be less than five hundred rupees;\n(ii) for a second offence such imprisonment shall not be less than nine months, and fine shall not be less than one thousand rupees;\n(iii) for a third or subsequent offences, such imprisonment shall not be less than one year and fine shall not be less than one thousand rupees.]\n[65A. Punishment for laththa.\n(a) Manufactures laththa,\n(b) Constructs or works any distillery or brewery for it,\n(c) sells or buys laththa, or\n(d) uses, keeps, transports or has in his possession laththa, shall on conviction, be punished with imprisonment for a term which may extend to ten years, but shall not be less than seven years and also with fine.\n[65AA. Punishment for possession etc. of lesser quantity of intoxicant",
"footnote": "",
"is_definition": false,
"sort_order": 49
},
{
"number": "66",
"title": "66. Penalty for illegal cultivation and collection of hemp and other matter.",
"chapter": null,
"content": "[***]\n(b) [Consumes or uses] any intoxicant [other than opium] or hemp,\n(c) taps or permits to be tapped any toddy-producing tree;\n(d) draws or permits to be drawn toddy from any tree;\n[(e) enters the territory of the State in an intoxicated condition or under the influence of an intoxicant (other than opium) or hemp; after having consumed such intoxicant or hemp at any place outside the State,]\n(i) for a first offence, with imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees:\n[(ii) for a second or subsequent offences, with imprisonment for a term which may extend to two years but which shall not be less than six months and with fine which may extend to two thousand rupees.]\n[(iii) for a second or subsequent offences, with imprisonment for a term which may extend to two years but which shall not be less than six months and with fine which may extend to two thousand rupees:\n(a) by indoor patients during the period they are being treated in any hospital, convalescent home, nursing home or dispensary, maintained or supported by Government or a local authority or by charity, or\n(b) by such other persons, in such other institutions, or in such circumstances as be prescribed.]\n[66A. Penalty for illegal import, etc. of opium.\n(i) for a first offence, such imprisonment shall not be less than six months and fine shall not be less than five hundred rupees;\n(ii) for a second offence, such imprisonment shall not be less than nine months, and fine shall not be less than one thousand rupees;\n(iii) for a third or subsequent offences, such imprisonment shall not be less than one year and fine shall not be less than one thousand rupees.]\n[67A. Penalty for manufacturing [articles mentioned in section 24A] in contravention of the provisions of section 59A.\n[(1a) manufactures, imports or exports any article mentioned in section 24A, or]\n(a) sells, uses or disposes of any liquor otherwise than as an ingredient of any [article mentioned in section 24A] , or\n(b) uses more alcohol [in the manufacture of any of the articles mentioned in section 24A] than the quantity necessary for extraction or solution of the elements contained therein and for the preservation of such [article] , or\n(c) knowingly sells [any such article] for being used as an intoxicating drink, or sells any such article under circumstances from which he might reasonably deduce the intention of the purchaser to use them for such purpose, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine or with both.\n[67-1A. Penalty for alteration or attempting to alter denatured spirituous preparation.\n67B. [Penalty for failure to satisfy the Director under sub-section (1), or to comply with a requisition under sub-section (2) of Section 59B] .\n[67-1B. Penalty for contravention of provision regarding prescriptions.\n(a) not being a registered medical practitioner issues a prescription for intoxicating liquor, or\n(b) being a registered medical practitioner,-\n(i) prescribes intoxicating liquor in contravention of the provisions of sub-section (2) of section 22A, or\n(ii) fails, without reasonable excuse, to state in the prescription for intoxicating liquor the particulars required by that section to be stated therein, or\n(iii) fails to preserve such prescriptions, or a copy thereof, for the period for which it is required by that section to be preserved.\n[67C. Penalty for possessing, etc., denatured spirituous preparations in contravention of provisions of section 59C and 59D.\n(a) in contravention of the provisions of section 59C, possesses, without a permit, any denatured spirituous preparation in excess of the quantity prescribed under that section, or\n(b) in contravention of the provisions of section 59D, manufactures, sells, bottles for sale or imports, exports or transports, any denatured spirituous preparation, or\n(c) drinks any denatured spirituous preparation, shall on conviction, be punished-\n(i) for a first offence with imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees:\n(ii) for a second offence, with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees:\n(iii) for a third or subsequent offences, with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees:",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "68",
"title": "68. Penalty for opening etc., of common drinking house.",
"chapter": null,
"content": "(a) opens, keeps or uses any place as a common drinking house; or\n(b) has the care, management or control of, or in any manner assists in conducting the business, of any place opened, kept or used as a common drinking house,",
"footnote": "",
"is_definition": false,
"sort_order": 51
},
{
"number": "69",
"title": "69. Penalty for illegal import, etc. of mhowra flowers.",
"chapter": null,
"content": "(i) for a first offence, with imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees:\n(ii) for a second offence, with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees:\n(iii) for a third and subsequent offences, with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees:",
"footnote": "",
"is_definition": false,
"sort_order": 52
},
{
"number": "70",
"title": "70. Penalty for illegal import of molasses.",
"chapter": null,
"content": "[70A. Penalty for illegal possession, etc. of rotten gur or ammonium chloride.\n71. [Penalty for selling molasses at price exceeding fixed price.].\n[72. Penalty for removal of intoxicant etc.",
"footnote": "",
"is_definition": false,
"sort_order": 53
},
{
"number": "73",
"title": "73. Penalty for printing or publishing advertisement in contravention of provisions of Act, etc.",
"chapter": null,
"content": "(a) which [*] solicits the use of or offers any intoxicant or hemp, or\n(b) which is calculated to encourage or incite any individual or class of individuals or the public generally to commit an offence under this Act, or to commit a breach of or to evade the provisions of any rule, regulation or order made thereunder or of the conditions of a licence, permit, pass or authorization granted thereunder;",
"footnote": "",
"is_definition": false,
"sort_order": 54
},
{
"number": "74",
"title": "74. Penalty for circulating etc. news-papers, etc. containing advertisements regarding intoxicants, etc..",
"chapter": null,
"content": "(a) which [*] solicits the use of or offers any intoxicant or hemp, [or]\n(b) which is calculated to encourage or incite any individual or class of individuals or the public generally to commit any offence under this Act, or to commit a breach of, or to evade the provisions of any rule, regulation or order made thereunder, or the conditions of any licence, permit, pass or authorization granted thereunder.",
"footnote": "",
"is_definition": false,
"sort_order": 55
},
{
"number": "75",
"title": "75. Penalty for inciting or encouraging certain acts [***] .",
"chapter": null,
"content": "(a) [*] solicits the use of or offers any intoxicant or hemp, or\n[***]\n(c) does any act which is calculated to incite or encourage any individual or a class of individuals or the public generally to commit an offence under this Act or to commit a breach of any rule, regulation or order made or of conditions of a licence, permit, pass or authorization granted-thereunder, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.\n[75A. Penalty for contravention of provisions of Section 43.\n(a) drinks in a public place or in the rooms of a hotel or institution to which the public may have access;\n(b) allows the use or consumption of any quantity of foreign liquor possessed by him to any other person;\n(c) serves liquor at any ceremonial or other function or any assembly of persons where persons (not being members of his family or his employees) not holding permits under sections 40, 41, 46, 46A or 47 are present;",
"footnote": "",
"is_definition": false,
"sort_order": 56
},
{
"number": "76",
"title": "76. Penalty for neglect to keep measures, etc.",
"chapter": null,
"content": "(a) neglects to supply himself with measures and weights for measuring and weighing any intoxicant or hemp or with instruments for testing the strength of liquor or keep the same in good condition, or\n(b) refuses to measure, weigh or test any intoxicant or hemp in his possession [or to have it weighed measured or tested] ,",
"footnote": "",
"is_definition": false,
"sort_order": 57
},
{
"number": "77",
"title": "77. Penalty for misconduct by licensee, etc.",
"chapter": null,
"content": "(a) fails to produce licence, permit, pass or authorization on demand by a Prohibition Officer or any other officer duly empowered if such licence, permit, pass or authorization is in his possession or control, or\n(b) wilfully does or omits to do anything in contravention of any rule, regulation or order made under this Act, or\n[***]",
"footnote": "",
"is_definition": false,
"sort_order": 58
},
{
"number": "78",
"title": "78. Penalty for misconduct by licensed vendor or manufacturer.",
"chapter": null,
"content": "(a) mixes or permits to be mixed with the said intoxicant any noxious drug or any foreign ingredient likely to add to the actual or apparent intoxicating quality or strength or any article prohibited by any rules made under this Act or water except for the purpose of reducing liquor to the strength prescribed in the licence, or any diluting or colouring substance or any ingredient whatsoever likely to render the intoxicant inferior in quality whether such ingredient is or is not prohibited as aforesaid, when such admixture shall not amount to the offence of adulteration under section 272 of the Indian Penal Code, (XLV of 1860), or\n(b) sells or keeps or exposes for sale as foreign liquor, which liquor he knows or has reason to believe to be country liquor, or\n(c) marks the cork of any bottle, or any bottle, case, packages or other receptacle containing country liquor, or uses any bottle, case, package or other receptacle containing country liquor, with any mark thereon or on the cork thereof with the intention of causing it to be believed that such bottle, case, package or other receptacle contains foreign liquor, when such act shall not amount to an offence of using a false trade mark with intent to deceive or injure any person under Section 482 of the Indian Penal Code, (XLV of 1860), or\n(d) sells or exposes for sale, any country liquor in a bottle, case or package or other receptacle, with any mark thereon or on the cork thereof with the intention of causing it to be believed, that such bottle, ease, package or other receptacle contains foreign liquor, when such act shall not amount to the offence of selling goods marked with a counterfeit trade mark under Section 486 of the Indian Penal Code (XLV of 1860), or\n(e) sells any intoxicant which is not of the nature, substance and quality demanded by the purchaser or keeps or exposes for sale any intoxicant which is not of the nature, substance and quality authorised by the terms of the licence to be kept for sale by the holder of the licence, shall, on conviction, be punished for each such offence with imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 59
},
{
"number": "79",
"title": "79. Liability of licensee for acts of servant.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "80",
"title": "80. Import, export, etc. of intoxicant by any person on account of another.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 61
},
{
"number": "81",
"title": "81. Penalty for attempts or abetment.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 62
},
{
"number": "82",
"title": "82. Breach of licence, permit, etc. to be an offence.",
"chapter": null,
"content": "(a) Any person who commits any such breach shall, whether he acts with or without the permission of the holder of the licence, permit, pass or authorisation, be liable to the same punishment.",
"footnote": "",
"is_definition": false,
"sort_order": 63
},
{
"number": "83",
"title": "83. Penalty for conspiracy.",
"chapter": null,
"content": "(a) to commit or cause to be committed any offence under this Act, or\n(b) [***] to commit a breach of a condition of a licence, permit, pass or authorisation,",
"footnote": "",
"is_definition": false,
"sort_order": 64
},
{
"number": "84",
"title": "84. Penalty for being found drunk in any drinking house.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 65
},
{
"number": "85",
"title": "85. Penalty for being drunk and for disorderly behaviour.",
"chapter": null,
"content": "(i) for an offence under clause (1) [or clause (3)] ,\n(a) for a first offence, with imprisonment for a term which may extend to one month and with fine which may extend to two thousand rupees;\n(b) for subsequent offence, with imprisonment for a term which may extend to six months and with fine which may extend to five hundred rupees; and\n(ii) for an offence under clause (2)-\n(a) for a first offence, with imprisonment for a term which may extend to three months and with fine which may extend to five hundred rupees;\n(b) for subsequent offence, with imprisonment for a term which may to one year and with fine which may extend to one thousand rupees;",
"footnote": "",
"is_definition": false,
"sort_order": 66
},
{
"number": "86",
"title": "86. Penalty for allowing any premises to be used for purpose of committing an offence under Act.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 67
},
{
"number": "87",
"title": "87. Penalty for chemist, druggist or apothecary for allowing his premises to be used for the purpose of consumption of liquor.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 68
},
{
"number": "88",
"title": "88. Penalty for issuing false prescriptions.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 69
},
{
"number": "89",
"title": "89. Penalty for maliciously giving false information.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 70
},
{
"number": "90",
"title": "90. Penalty for offences not otherwise provided for.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 71
},
{
"number": "91",
"title": "91. Demand for security for abstaining from commissioner of certain offences.",
"chapter": null,
"content": "[92.\nOLD LAW 6\n[92. Rendering Community service in lieu of imprisonment.",
"footnote": "",
"is_definition": false,
"sort_order": 72
},
{
"number": "93",
"title": "93. Demand of security for good behaviour.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 73
},
{
"number": "94",
"title": "94. Execution of bonds in respect of minors.",
"chapter": null,
"content": "[94A. Punishment for failure in duty by Prohibition Officer or Police Officer.",
"footnote": "",
"is_definition": false,
"sort_order": 74
},
{
"number": "95",
"title": "95. Punishment for vexatious search, seizure or arrest.",
"chapter": null,
"content": "(a) maliciously enters or searches or causes to be entered or searched, any building or house or similar dwelling place; or\n(b) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for anything liable to confiscation under this Act; or\n(c) vexatiously and unnecessarily detains, searches or arrests any person, or\n(d) in any other way maliciously exceeds or abuses his lawful powers, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.\n[96. Punishment for vexatious delay.",
"footnote": "",
"is_definition": false,
"sort_order": 75
},
{
"number": "97",
"title": "97. Punishment for Abetment for escape of person arrested.",
"chapter": null,
"content": "(a) unlawfully releases any person arrested under this Act, or\n(b) abets the escape of any person arrested under this Act, or\n(c) abets the commission of any offence against this Act, and any other officer of the [Government] or of a local authority who abets the commission of any offence against this Act, shall, on conviction, be punished with imprisonment for a term which may extend to [three years] or with fine which may extend to [fifty thousand rupees] , or with both.",
"footnote": "",
"is_definition": false,
"sort_order": 76
},
{
"number": "98",
"title": "98. Things liable to confiscation.",
"chapter": null,
"content": "(a) any intoxicant, hemp, mhowra flowers, molasses, materials, still, utensil, implement or apparatus in respect of which the offence has been committed,\n(b) where, in the case of an offence involving illegal possession, the offender has in his lawful possession any intoxicant, hemp, mhowra flowers or molasses other than those in respect of which an offence under this Act has been committed, the entire stock of such intoxicant, hemp, mhowra flowers or molasses,\n(c) where, in the case of an offence of illegal import, export or transport, the offender has attempted to import, export or transport any intoxicant, hemp, mhowra flowers or molasses, in contravention of the provisions of this Act, rule, regulation or order or in breach of a condition of licence, permit, pass or authorisation, the whole quantity of such intoxicant, hemp, mhowra flowers or molasses which he has attempted to import, export, or transport,\n(d) where in the case of an offence of illegal sale, the offender has in his lawful possession any intoxicant, hemp, mhowra flowers or molasses other than that in respect of which an offence has been committed, the whole of such other intoxicant, hemp, mhowra flowers or molasses, shall be confiscated by the order of the Court.",
"footnote": "",
"is_definition": false,
"sort_order": 77
},
{
"number": "99",
"title": "99. Return of things liable to confiscation to bona fide owners.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 78
},
{
"number": "100",
"title": "100. Procedure in confiscation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 79
},
{
"number": "101",
"title": "101. Power of Collector etc. to order sale or destruction of articles liable to confiscation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 80
},
{
"number": "102",
"title": "102. Forfeiture of any publication containing advertisement matter [soliciting] use of intoxicants.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 81
},
{
"number": "103",
"title": "103. Presumption as to commission of offences in certain cases.",
"chapter": null,
"content": "103A. [Report of certain registered medical officers as evidence].",
"footnote": "",
"is_definition": false,
"sort_order": 82
},
{
"number": "104",
"title": "104. Compounding of offences.",
"chapter": null,
"content": "[104A. Bombay Probation of Offenders Act, 1938, and [Section 360 of the Code of Criminal Procedure, 1973 (2 of 1974)] , not to apply to persons convicted of offence under this Act.\nChapter VIII\nExcise Duties",
"footnote": "",
"is_definition": false,
"sort_order": 83
},
{
"number": "105",
"title": "105. Excise Duties.",
"chapter": null,
"content": "(a) any alcoholic liquor for human consumption.\n(b) any intoxicating drug [or hemp] ,\n[(c) opium,]\n(d) any other excisable article,]",
"footnote": "",
"is_definition": false,
"sort_order": 84
},
{
"number": "106",
"title": "106. Manner of levying excise duties.",
"chapter": null,
"content": "(a) In the case of an excisable article imported-\n(i) by payment either in the [State] at the time of its import or in the [State] or territory of export at the time of its export, or\n(ii) by payment upon issue for sale from a warehouse established or licensed under the provisions of this Act;\n(b) in the case of an excisable article exported by payment in the [State] at the time of its export, or in the [State] or territory of import;\n(c) in the case of excisable articles transported-\n(i) by payment in the district from which they are transported, or\n(ii) by payment upon issue for sale from a warehouse established or licensed under the provisions of this Act;\n(d) in the case of spirit or beer manufactured in any distillery established or any distillery or brewery licensed under this Act-\n(i) by a rate charged upon the quantity produced in or issued from the distillery or brewery, as the case may be, or issued from a warehouse established or licensed under this Act, or\n(ii) by a rate charged in accordance with such [scale of equivalents] calculated on the quantity of materials used or by the degree or attenuation of the wash or wort, as the case may be, as the [State] Government may prescribe;\n(e) in the case of intoxicating drugs manufactured [in the [State] ] by payment upon the quantity produced or manufactured or issued from a warehouse established or licensed under this Act:\n(i) to manufacture or import and to sell, or\n(ii) to manufacture and export,\n[107. Fees.\nOLD LAW 6\n107. [Power to exempt, remit or refund excise duty].\n[107A. Declaration of stock of articles mentioned in section 24A; maintenance of accounts and submission of returns.\n(a) submit to the Collector within such period and in such form, as may be prescribed, a declaration of the quantity of such articles in his possession on the importation or manufacture of the said article, as the case may be;\n(b) maintain accounts of the articles in such form and submit such returns as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 85
},
{
"number": "107B",
"title": "107B. Power to obtain information and to search and seize excisable articles.",
"chapter": null,
"content": "(a) by order require any person liable to pay any excise duty of fee under this Chapter to furnish him with any information or to produce before him any accounts or other documents concerning any excisable article as may be necessary, for the purposes of this Chapter;\n(b) inspect at all reasonable hours the accounts or other documents relating to the stocks of any excisable article imported or manufactured, or stored in respect of which such duty or fee has been paid or is payable and any place where such article is manufactured or stored;\n(c) for reasons to be recorded in writing, enter any place where he knows or has reason to believe that any excisable article in respect of which such fee has not been paid is being imported or manufactured or stored and search for the same and seize any stocks of such article found therein and detain the same until such time as proof of payment of such duty or fee is produced or such further time as may be necessary for taking action under Sections 98, 99 or 100 or for prosecuting for an offence under Section 108.\n(a) fails to furnish any information or produce any accounts or other documents in compliance with an order made under clause (a) of sub-section (1) or [furnishes false information or produces false accounts or documents; or]\n(b) obstructs any officer making an inspection, entry, a search or a seizure under clause (b) or clause (c) of sub-section (1),",
"footnote": "",
"is_definition": false,
"sort_order": 86
},
{
"number": "108",
"title": "108. Penalty for import of intoxicant, etc., without payment of duty.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 87
},
{
"number": "109",
"title": "109. Duty on tapping of toddy trees.",
"chapter": null,
"content": "(a) the number, description and situation of the trees to be tapped,\n(b) the amount of duty to be levied in respect of each tree,\n(c) the instalments, if any, in which and the period at which the said duty shall be leviable.",
"footnote": "",
"is_definition": false,
"sort_order": 88
},
{
"number": "110",
"title": "110. Duty by whom payable.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 89
},
{
"number": "111",
"title": "111. Owner of trees entitled to assistance for duty paid.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 90
},
{
"number": "112",
"title": "112. Privilege of drawing toddy from trees belonging to Government.",
"chapter": null,
"content": "113. [Rules for levy of duty on opium, etc.].\n[114. Recovery of duties, etc.\nChapter IX\n[115.\nPowers and Duties of Officers and Procedure\nOLD LAW 6\n[115. Magistrate's power to impose enhanced penalties:\n[115A. Venue of trial of offence of consumption of intoxicant or hemp.\n[116.\nOLD LAW 6",
"footnote": "",
"is_definition": false,
"sort_order": 91
},
{
"number": "116",
"title": "116. Procedure to be followed by Magistrates.",
"chapter": null,
"content": "[116A.\nOLD LAW 6\n[116A. Tender of pardon to accomplice.\n[116B. No analysis required for known brand of liquor.\n[116C. Duty to send sample to Laboratory.",
"footnote": "",
"is_definition": false,
"sort_order": 92
},
{
"number": "117",
"title": "117. Investigations arrest, searches, etc., how to be made.",
"chapter": null,
"content": "[117A. Maintenance of list of Panchas.\n[118.\nOLD LAW 6\n[118. Procedure of Code of Criminal Procedure relating to cognizable offences to apply.",
"footnote": "",
"is_definition": false,
"sort_order": 93
},
{
"number": "119",
"title": "119. Certain offences to be non-bailable.",
"chapter": null,
"content": "[120. Power of entry and inspection.\n(a) enter at any time by day or by night, any warehouse, godown, shop, premises, house, building, vessel, vehicle or enclosed place in which he has reason to believe that any intoxicant, hemp, mhowra flowers, molasses, material or article liable to confiscation under this Act is manufactured, kept or concealed or that any still, utensil, implement or apparatus is used, kept, or concealed for the purpose of manufacturing any intoxicant contrary to the provisions of this Act;\n(b) in case of resistance break open any door and remove any other obstacle to the entry into any such warehouse, godown, shop, premises, house, building, vessel, vehicle or enclosed place;\n(c) seize any intoxicant, hemp, mhowra flowers, or molasses and any material used in the manufacture of any intoxicant and any still, utensil, implement, or apparatus and any other thing which he has reason to believe to be liable to confiscation under this Act and any document or other article which he has reason to believe may furnish evidence of the commission of any offence under this Act; [*]\n[(cc) destroy any earthen pot or other receptacle found hanging on a toddy producing tree, if he is satisfied that the person by whom or on whose behalf the pot or receptacle is so hung is not known or cannot be found and he has reason to believe that an offence specified in clause (c) or (d) of sub-section (1) of section 66 is committed; and]\n(d) detain and search and if he thinks proper arrest any person whom he has reason to believe to be guilty of any offence under this Act.]",
"footnote": "",
"is_definition": false,
"sort_order": 94
},
{
"number": "121",
"title": "121. Power to open packages etc.",
"chapter": null,
"content": "[122. Power to require production of licences.\n(a) require a licensed manufacturer or vendor or tapper or drawer of toddy or a person in the employ of such manufacturer or vendor or tapper or drawer of toddy or acting with his express or implied permission on his behalf to produce the licence, permit, pass or authorisation issued under this Act under which he carries on the manufacture, storage or sale of any intoxicant, hemp, mhowra flowers or molasses or taps, toddy-producing trees or draws toddy therefrom;\n(b) enter and inspect, at any time by day or by night, any land on which toddy-producing trees are growing, whether such trees are licensed for tapping or not, and any warehouse, godown, shop or premises in which any licensed manufacturer or vendor manufactures, stores, or sells any intoxicant, hemp, mhowra flowers or molasses and examine, test, measure or weigh any stock of any such articles or cause any such stock to be examined, tested, measured or weighed.",
"footnote": "",
"is_definition": false,
"sort_order": 95
},
{
"number": "123",
"title": "123. Arrest of offenders and seizure of contraband articles.",
"chapter": null,
"content": "(a) arrest without warrant any person whom he has reason to believe to be guilty of an offence under this Act;\n(b) seize and detain any intoxicant hemp, mhowra flowers or molasses or other articles which he has reason to believe to be liable to confiscation or forfeiture under this Act [and seize any document or other article which he has reason to believe may furnish evidence of the commission of any offence under this Act] .",
"footnote": "",
"is_definition": false,
"sort_order": 96
},
{
"number": "124",
"title": "124. Power to obtain information.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 97
},
{
"number": "125",
"title": "125. Power to seize intoxicants, etc.",
"chapter": null,
"content": "(a) seize in any open place, or in transit any intoxicant, hemp, mhowra flowers or molasses or any other thing which he has reason to believe to be liable to [confiscation or forfeiture] under this Act or any other law for the time being in force relating to excise revenue [and any document or other article which he has reason to believe may furnish evidence of the commission of any offence under this Act;]\n(b) detain and search any person whom he has reason to believe to be guilty of any offence under this Act or any other law for the time being in force relating to excise revenue, and if such person has any intoxicant, hemp, mhowra flowers, molasses or [other thing] in his possession, arrest him.",
"footnote": "",
"is_definition": false,
"sort_order": 98
},
{
"number": "126",
"title": "126. Arrest without warrant.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 99
},
{
"number": "127",
"title": "127. Arrest of offenders failing to give names.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 100
},
{
"number": "128",
"title": "128. Issue of warrants.",
"chapter": null,
"content": "(a) for the arrest of any person whom he has reason to believe to have committed an offence under this Act or any other law relating to the excise revenue for the time being in force;\n(b) for the search whether by day or by night of any building, vehicle or place in which he has reason to believe that any intoxicant, hemp, [**] mhowra flowers or molasses are manufactured or sold, or stored or that any toddy is drawn contrary to the provisions of this Act or that any intoxicant, hemp [mhowra flowers, molasses] or other thing liable to confiscation or forfeiture, under this Act or any other law for the time being in force relating to the excise revenue is kept or concealed [and for the seizure of such intoxicant, hemp, [**] mhowra flowers, molasses or such other thing found in such building, vehicle or place] .\n[128A. Certain provisions to apply to denatured spirituous preparations.",
"footnote": "",
"is_definition": false,
"sort_order": 101
},
{
"number": "129",
"title": "129. Prohibition Officers may be empowered to investigate offences.",
"chapter": null,
"content": "[129A. Power to require persons to submit to medical examination, etc.",
"footnote": "",
"is_definition": false,
"sort_order": 102
},
{
"number": "129B",
"title": "129B. Documents or reports of registered medical practitioner, etc. as Evidence.",
"chapter": null,
"content": "(a) a certificate under the hand of a registered medical practitioner, or the Chemical Examiner or Assistant Chemical Examiner to Government, under Section 129A or of an officer appointed under sub-section (1) of that section, or\n(b) a report under the hand of any registered medical practitioner, in any hospital or dispensary maintained by the State Government or a local authority or any other registered medical practitioner authorised by the State Government in this behalf, in respect of any person examined by him or upon any matter or thing duly submitted to him for examination or analysis and report, may be used as evidence of the facts stated in such certificate, or as the case may be, report, in any proceedings under this Act; but the Court may if it thinks fit, and shall, on the application of the prosecution or the accused person, summon and examine any such person as to the subject matter of his certificate or, as the case may be, report.]",
"footnote": "",
"is_definition": false,
"sort_order": 103
},
{
"number": "130",
"title": "130. Arrested persons and things seized to be sent to officer in-charge of police station.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 104
},
{
"number": "131",
"title": "131. Bail by Prohibition Officer.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 105
},
{
"number": "132",
"title": "132. Articles seized.",
"chapter": null,
"content": "(a) if it appears that such thing is required as evidence in the case of any person arrested, shall forward it to the Magistrate to whom such person is forwarded or for his appearance before whom bail has been taken;\n(b) if it appears that such thing is liable to confiscation but is not required as evidence as aforesaid, shall send it with a full report of the particulars of seizure to the Collector;\n(c) if no offence appears to have been committed shall return it to the person from whose possession it was taken.",
"footnote": "",
"is_definition": false,
"sort_order": 106
},
{
"number": "133",
"title": "133. Duty of [Officer of the Government] and local authorities to assist.",
"chapter": null,
"content": "[134. Offences to be reported.\n(a) to give immediate information at the nearest police station or to any officer or person authorised in this behalf of the commission of any offence and of the intention or preparation to commit any offence under this Act which may come to their knowledge;\n(b) to take all reasonable measures in their power to prevent the commission of any such offence which they may know or have reasons to believe is about or likely to be committed.",
"footnote": "",
"is_definition": false,
"sort_order": 107
},
{
"number": "135",
"title": "135. Landlords and others to give information.",
"chapter": null,
"content": "136. [Power to arrest and make orders detaining or restricting movements or actions of persons].\nChapter X\nAppeals and Revision",
"footnote": "",
"is_definition": false,
"sort_order": 108
},
{
"number": "137",
"title": "137. Appeals.",
"chapter": null,
"content": "[138. Revision.\nChapter XI\nMiscellaneous",
"footnote": "",
"is_definition": false,
"sort_order": 109
},
{
"number": "139",
"title": "139. General powers of [State] Government in respect of licences, etc.",
"chapter": null,
"content": "(a) prohibit the grant of any kind of licences, permits, passes or authorisations throughout the [State] or in any area;\n(b) regulate the import, export, transport, possession, sale, purchase, consumption or use of any intoxicant, hemp, mhowra flowers, molasses or any article which is likely to be used for the manufacture of an intoxicant with or without licence, permit, pass or authorisation throughout the [State] or within the limits of any local area subject to such conditions [as it may impose] .\n[(c) exempt any person or institution or any class of persons or institutions from all or any of the provisions of this Act or from all or any of the rules, regulations or orders made thereunder or from all or any of the conditions of any licence, permit, pass or authorisation granted thereunder, subject to such conditions as it may impose;\n(d) exempt any intoxicant or class of intoxicants, denatured spirituous preparation, hemp, mhowra flowers or molasses from all or any of the provisions of this Act or from all or any of the rules, regulations or orders made thereunder subject to such conditions as it may impose;\n(d1) remit or refund wholly or partially any fee in respect of any privilege, licence, permit, pass or authorisation granted under this Act or any duty on toddy-producing trees or any excise or countervailing duty or fee leviable under this Act on any intoxicant, hemp, mhowra flowers or molasses from any person or institution or from a class of persons or institutions or exempt any person or institution or class of persons or institutions from the payment of such duty or fee subject to such conditions as it may impose;]\n(e) prescribe the maximum number of licences, permits, passes or authorisations of any kind which may be granted in any area or to any class of persons;\n(f) prescribe the number of places at which any intoxicant specified in such order [denatured spirituous preparation] , hemp, mhowra flowers or molasses, may be sold in any area, the location of such places in any area, the days and hours during which such places may or may not be kept open, the number of such places in respect of which licenses for sale may be granted and the number of such places which may be [managed by the State Government departmentally] ;\n(g) direct that no licence, permit, pass or authorisation of the kind specified in such order shall be granted without the previous approval of the [State] Government or also direct any additions or alterations to be made to or in the conditions subjects to which under any other provisions of this Act, such licence, permit, pass or authorisation can be granted;\n(h) prescribe the maximum quantity of any intoxicant [denatured spirituous Preparation] , hemp, mhowra flowers or molasses which may be sold in any area or at any place;\n[(i) prescribe in respect of any place or area, the maximum number of toddy-producing trees for tapping which or for drawing toddy from which licence or licences may be granted] ;\n[(j) prescribe the procedure for the disposal of any shop or shops authorised to sell any intoxicant, denatured spirituous preparation, hemp, mhowra flowers or molasses under this Act and the procedure to be followed before granting any licence or licences] ;\n(k) direct that before granting licences, auctions may be held, tenders called for or offers received and that licences shall be granted [subject to such conditions as may be prescribed] to persons whose bids, tenders or offers are accepted by the Collector;\n(l) specify the person or class of persons [to whom licences may or may not be granted] and in cases in which auctions are held, the person or classes of persons who may or may not be permitted to offer bids at such auctions;\n(m) direct that licences of the kind specified in such order shall be granted to persons specified in such order; and\n(n) issue such other instructions in any matter pertaining to the grant or otherwise of licences, permits, passes or authorisations under this Act, as the [State] Government may deem proper.",
"footnote": "",
"is_definition": false,
"sort_order": 110
},
{
"number": "140",
"title": "140. Power of [State] Government to prohibit, regulate or control consumption or use of intoxicants, etc. in public place.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 111
},
{
"number": "141",
"title": "141. Employment of additional police.",
"chapter": null,
"content": "(a) either generally on all persons who are inhabitants of the local area to which such notification applies; or\n(b) specially on any particular section or sections or class or classes of such persons and the [State] Government may direct the proportions in which such tax or rate shall be charged.\n[142. Power of Collector to close place where intoxicant or hemp is sold in certain cases.",
"footnote": "",
"is_definition": false,
"sort_order": 112
},
{
"number": "143",
"title": "143. Power of [State] Government to make rules.",
"chapter": null,
"content": "(a) regulating the delegation of any powers by the [Director] , by Collector or by any other Prohibition Officer;\n(b) regulating the import, export, transport, [collection] , sale, purchase, [bottling] , consumption, use or possession of any intoxicant, [denatured spirituous preparation] or hemp, mohwra flowers or molasses;\n[(bb) regulating the possession, manufacture, use and consumption of rotten gur and the possession, manufacture and use of ammonium chloride;]\n(c) regulating the manufacture of any intoxicant [or denatured spirituous preparation] ;\n(d) regulating the cultivation and collection of hemp;\n(e) regulating the tapping of toddy-producing trees and drawing of toddy therefrom;\n(f) regulating the grant, suspension or cancellation of licences, permits, passes or authorisations for the import, export, transport [collection, sale, purchase] , possession, manufacture, [bottling] , consumption, use or cultivation of any of the above articles mentioned in [ [clause (b) and (bb)] and for the matters specified in clause (e)] ;\n(g) regulating the periods and localities for which the licences may be granted for the wholesale or retail vend of any of the above articles mentioned in [clauses (b) and (bb)] ;\n(h) providing for the consulting of public opinion and prescribing the procedure to be followed and the matters to be ascertained before any licence, permit, pass or authorisation for the vend, consumption or use of any of the above articles mentioned in [clauses (b) and (bb)] is granted to any person or in any locality;\n[hl) prescribing the restrictions under which and the conditions on which any licence, permit, pass or authorisation may be granted including-\n(i) the prohibition of the admixture with any intoxicant of any substance deemed to be noxious or objectionable;\n(ii) the fixing of the strength, price or quantity in excess of or below which any intoxicant or mhowra flowers shall not be sold or supplied, and the quantity in excess of which denatured spirit, denatured spirituous preparation or molasses shall not be possessed or sold and the prescription of a standard or quality for any intoxicant, denatured spirituous preparation, mhowra flowers or molasses;\n(iii) the prohibition of sale of any intoxicant, [denatured spirituous preparation, hemp, rottern gur or ammonium chloride] except for cash;\n(iv) the prescription of the days and hours during which any licensed premises may or may not be kept open and provisions for the closure of such premises on special occasions;\n(v) the prescription of the nature of the premises on which any [intoxicant, rotten gur or ammonium chloride] may be sold and the notices to be exposed at such premises;\n(vi) the prescription of the accounts to be maintained and the returns to be submitted by licence-holders or permit-holders;\n(vii) the regulation or prohibition of the transfer of licences;\n(viii) the writing of the names and addresses and the taking of signatures of purchasers in the register of sale of any intoxicant, hemp, [mhowra flowers or molasses, rotten gur or ammonium chloride] or any article the sale or purchases of which is regulated by clause (b) of sub-section (1) of Section 139;\n(h2) (i) declaring the processes by which spirits shall be denatured in particular areas, or for particular purposes;\n(ii) for causing such spirits to be denatured through the agency or under the supervision of the Government Officers and for the payment of charges for such supervision;\n(iii) for ascertaining whether such spirits have been denatured.]\n(i) prohibiting and regulating the employment by the licence-holder of any person or classes of persons to assist him in his business in any capacity whatsoever;\n(j) prescribing the manner in which the juice from a coconut, brab, date or any kind of palm trees is to be treated for the purpose of prevailing fermentation;\n[k) prescribing the persons or classes of persons to whom any intoxicant, denatured spirituous preparation, hemp, [mhowra flowers or molasses, rotten gur or ammonium chloride] may or may not be sold or who may or may not be allowed to sell, purchase or use any of these articles] ;\n(l) for the prevention of drunkenness, gambling or disorderly conduct in or near any licensed premises and the meeting and remaining of persons of bad character on such premises;\n[l-1) prescribing the occasions on which special orders may be granted for the sale by retail of larger quantities of liquor or intoxicating drugs, or opium than those which are prescribed in any notification issued under this Act and the conditions on which such sales may be made;\n(l-2) prescribing the amount of security to be deposited by the holder of any licence, permit, pass or authorisation for the performance of the conditions for the same;\n(l-3) providing for the maintenance by the holders of licences, permits, passes or authorisation of the registers of sales, purchases, possession, consumption or use and the particulars to be entered in the register;]\n[(m) regulating the grant of rewards or expenses to officers, informant or persons giving information or assistance in the detection or investigation of offences under this Act, and of compensation to persons charged with offences punishable under this Act and acquitted;]\n(n) regulating the printing, publishing or otherwise displaying or distributing any advertisement or other matter [***] soliciting the use of, or offering any intoxicant [hemp, rotten gur or ammonium chloride] or calculated to encourage or incite any individual or class of individuals or the public generally to commit an offence under this Act or to commit a breach or evade the provisions of any rule or order made thereunder or the conditions of any licence, permit, pass or authorisation issued thereunder;\n(o) regulating within the [State] the circulation, distribution or sale of newspaper, news-sheet, book, leaflet, booklet, or other publication [printed and published outside the [State] containing any advertisement or matter which [***] solicits the use of, or offers any [intoxicant, hemp, rotten gur or ammonium chloride] , [***]\n[(p) imposing restrictions and conditions on buyers of intoxicant, denatured spirituous preparation, hemp, [mhowra flowers, molasses, rotten gur or ammonium chloride] or any article the purchase of which is regulated by clause (b) of sub-section (1) of Section 139 including provision for compelling them to sign entries pertaining to the purchase by them of any of these articles] ;\n[***]\n(r) regulating the taking of [samples of molasses, rotten gur or ammonium chloride] ;\n[r1] prescribing the constitution of Committee, Boards and Medical Boards or panels thereof and the procedure regarding their work];\n(s) prescribing the powers, functions and duties of Prohibition Officers, [Boards, Committee] and [Medical Boards or panels thereof] and the fees and allowances payable to the members of the [Boards, Committee] and - [Medical Boards or panels thereof] ;\n[(t) prescribing the procedure regarding the work of the Board of Experts;\n[(tl) prescribing conditions of through transport under section 29] ;\n(u) prescribing the fees payable in respect of any privilege, licence, permit, pass or authorization granted or issued under this Act;\n[(uu) prescribing the other persons, other institutions or the circumstances under clause (b) of sub-section (3) of section 66] ;\n[(uuu) prescribing the form of the bond, nature of the community service; and the terms and conditions subject to which such service shall be rendered and medical treatment to which person shall be subject under sub-section (1) of section 92.] ;\n(v) prescribing the period within which and the form in which a declaration under section. 107A shall be submitted, and the account shall be maintained];\n[(w) prescribing the manner of collecting and forwarding blood and prescribing the form of certificates, and the other particulars required to be stated therein under sub-section (2) of Section 129A] .\n144. [Director's] powers to make regulations.\n(a) regulating, as the case may be the [**] supply or storage of any intoxicant [denatured spirituous preparation] or hemp, [mhowra flowers or molasses, rotten gur or ammonium chloride] including-\n(i) the erection, inspection, supervision, management and control of any place for the manufacture supply or storage of such article, and the fittings, implements and apparatus to be maintained therein;\n[***]\n(b) regulating the deposit of any intoxicant, hemp, [***] [mhowra flowers or molasses, rotten gur or ammonium chloride] in a warehouse and the removal of such articles from any such warehouse or from any distillery or brewery;\n[***]\n(d) prescribing the scale of fees or the manner of fixing the fees payable in respect [***] of any storage of any intoxicant, hemp, [***] [mhowra flowers or molasses rotten gur or ammonium chloride]\n(e) regulating the time, place and manner of payment of any duty or fees\n[***]\n(h) providing for the destruction or other disposal of any intoxicant declared to be unfit for use;\n(i) regulating the disposal of confiscated or forfeited articles;\n[***]\n(m) regarding any other matter which the [State] Government may, by notification in the Official Gazette direct him to prescribe for the purposes of carrying out the provisions of this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 113
},
{
"number": "145",
"title": "145. Officers and persons acting under this Act to be public servants.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 114
},
{
"number": "146",
"title": "146. Bar of proceedings.",
"chapter": null,
"content": "[146A. Limitation of prosecutions or suits against officers.\n(a) if the plaintiff does not prove that, previously to brining such action, he has presented all such appeals allowed by this Act, or any other law for the time being in force, as within the aforesaid period of four months it was possible to present; or\n(b) in the case of an action for damages, if tender of sufficient amends shall have been made before the action was brought, or if after the institution of the action a sufficient sum of money is paid into Court with costs, by or on behalf of the defendant.",
"footnote": "",
"is_definition": false,
"sort_order": 115
},
{
"number": "146B",
"title": "146B. Provisions of Act not to apply to Government.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 116
},
{
"number": "147",
"title": "147. Provisions of this Act not to apply to import or export across customs frontier.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 117
},
{
"number": "148",
"title": "148. Repeal and amendments.",
"chapter": null,
"content": "(i) any right, title, obligation or liability already acquired, accrued or incurred before the commencement of this Act;\n(ii) any legal proceeding or remedy in respect of any right, title, interest obligation or liability or anything done or suffered before the commencement of this Act and any such proceeding shall be continued and disposed of, as if this Act was not passed;\n(iii) the levy of any duties under section 29A of the Bombay Abkari Act, 1878 (Bombay V of 1878), and the recovery of any duties or fees leviable under any other provisions of the Acts hereby repealed, and all such duties or fees shall be levied or recovered, as the case may be, as if this Act was not passed.\n[149. Further repeals and savings consequent on commencement of Bombay XXV of 1949 in other areas of State.\n(a) the previous operation of any Act so repealed or anything duly done or suffered thereunder, or\n(b) any right, privilege, obligation or liability acquired, accrued or incurred under any Acts so repealed, or\n(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any Acts so repealed,\n(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid,\n(a) any licence, permit, pass, authorisation or permission granted or issued under any of the Acts so repealed shall continue to be in force and shall be deemed to have been granted or issued under the corresponding provisions of this Act; and\n(b) notwithstanding the repeal of any of the Acts aforesaid, for all purposes in connection with the liability for, and the levy, assessment and collection or refund of, any tax, duty or fee (including any penalty) leviable,-\n(i) under the provisions of section 27A of the Central Provinces and Berar Excise Act, 1915 (C.P. and Berar II of 1915), or\n(ii) under Section 112A of the Bombay Prohibition Act, 1949 (Bombay XXV of 1949), as in force in the Saurashtra area, or\n(iii) before the commencement of this Act in any area under any provisions of any of the Acts repealed by this section,\n[******]\n[******]\nSchedule I\n[ See Section 148]\n[ See Section 148]\nYear\nYear\nNo.\nNo.\nShort title\nShort title\nExtent of Repeal\nExtent of Repeal\n(1)\n(1)\n(2)\n(2)\n(3)\n(3)\n(4)\n(4)\n[*\n*\n*]\n1878\nV\nThe Bombay Abkari Act, 1878\nAll the provisions except Section 29-A\n1947\nXXX\nThe Bombay Molasses Act, 1947\nThe whole\nSchedule II\n( See Section 148)\n( See Section 148)\nYear\nYear\nNo.\nNo.\nShort title\nShort title\nExtent of Amendment\nExtent of Amendment\n(1)\n(1)\n(2)\n(2)\n(3)\n(3)\n(4)\n(4)\n1890\nIV\nThe Bombay District Police Act, 1890",
"footnote": "",
"is_definition": false,
"sort_order": 118
},
{
"number": "46",
"title": "1. Section 46",
"chapter": null,
"content": "(a) In sub-section (4), for clauses (ii) and\n\t\t\t\t\t(iii), the following clauses shall be substituted, namely:-\n\"(ii) Sections 65 or 68 of the Bombay\n\t\t\t\t\tProhibition Act, 1949\" (Bombay XXV of 1949).\n(b) in sub-section (6) for the words and\n\t\t\t\t\tfigures `under the Bombay Abkari Act, 1878, or the Opium Act,\n\t\t\t\t\t1878\", the words and figures \"under the Bombay\n\t\t\t\t\tProhibition Act, 1949\" (Bombay XXV of 1949), shall be\n\t\t\t\t\tsubstituted.",
"footnote": "",
"is_definition": false,
"sort_order": 119
},
{
"number": "61-AA",
"title": "2. Section 61-AA shall be deleted.",
"chapter": null,
"content": "1902\nIV\nThe City of Bombay Police Act, 1902",
"footnote": "",
"is_definition": false,
"sort_order": 120
},
{
"number": "27",
"title": "1. In Section 27,-",
"chapter": null,
"content": "(a) in sub-section (2), for the words and\n\t\t\t\t\tfigures \"under the Bombay Abkari Act, 1878, or the Opium\n\t\t\t\t\tAct, 1878\", the words and figures under the Bombay\n\t\t\t\t\tProhibition Act, 1949\" (Bombay XXV of 1949), shall be\n\t\t\t\t\tsubstituted.\n(b) in sub-section (2-A), for clauses (ii) and\n\t\t\t\t\t(iii), the following clause shall be substituted, namely:\n\"(ii) Sections 65 or 68 of the Bombay\n\t\t\t\t\tProhibition Act, 1949\" (Bombay XXV of 1949).",
"footnote": "",
"is_definition": false,
"sort_order": 121
},
{
"number": "122-A",
"title": "2. Section 122-A shall be deleted.",
"chapter": null,
"content": "[1951\nXXII\nThe Bombay Police Act, 1951\nIn Section 57-\n(a) in clause (b), in sub-clause (ii) the portion beginning\n\t\t\t\t\twith the words and figures \"or under section 65 or 68 of\n\t\t\t\t\tthat Act\" and ending with the figures \"1938\"\n\t\t\t\t\tshall be deleted.\n(b) in clause (c), for the words \"aforesaid Prohibition\n\t\t\t\t\tActs\" the words and figures \"Bombay Prohibition Act,\n\t\t\t\t\t1949\" (Bombay XXV of 1949), shall be substituted] .\n[Schedule III]\n( See Section 149)\n( See Section 149)\nYear\nYear\nNo.\nNo.\nShort title\nShort title\nExtent of Amendment\nExtent of Amendment\n(1)\n(1)\n(2)\n(2)\n(3)\n(3)\n(4)\n(4)\n1878\n1\nThe Opium Act, 1878, in its application to the\n\t\t\t\t\tState of Bombay.\nThe whole.\n1915\nII\nThe Central Provinces and Berar Excise Act, 1915\nAll the provisions except Section 27-A.\n1938\nVII\nThe Central Provinces and Berar Prohibition Act,\n\t\t\t\t\t1908\nThe whole.\n1316F\nI\nThe Abkari Act\nThe whole.\n1333F\nIV\nThe Hyderabad Intoxicating Drugs Act\nThe whole.\n1949\nXXV\nThe Bombay Prohibition Act, 1949 as in force in\n\t\t\t\t\tthe Saurashtra area of the State of Bombay.\nAll the provisions except Section 112-A.\n1949\nXXV\nThe Bombay Prohibition Act, 1949, as in force in\n\t\t\t\t\tthe Kutch area of the State of Bombay.\nThe whole.]",
"footnote": "",
"is_definition": false,
"sort_order": 122
}
],
"metadata": {
"Act ID": "Last Updated 7th June, 2019 [guj155]",
"Act Number": "Bombay Act No. 25 of 1949",
"Enactment Date": "",
"Act Year": "1949",
"Short Title": "Bombay Prohibition Act, 1949",
"Type": "STATE",
"Location": "Gujarat"
},
"updated_at": "2026-09-29 21:55:19"
}