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THE ANDHRA PRADESH INTOXICATING LIQUORS (PROHIBITION OF ADVERTISEMENTS) ACT, 1978
The Andhra Pradesh Intoxicating Liquors (Prohibition of Advertisements) Act, 1978
Sections
An ACT
Section 1Section 1(1)
Section 1Section 1(2)
Section 1Section 1(3)
Section 1Section 2
Section 2Section 2(1)
Section 2Section 2(2)
Section 2Section 2(3)
Section 2Section 2(4)
Section 2Section 2(4)(a)
Section 2Section 2(4)(b)
Section 2Section 2(5)
Section 2Section 2(6)
Section 2Section 3
Section 3Proviso to Section 3(a)
Section 3Proviso to Section 3(b)
Section 3Section 3(b)(i)
Section 3Section 3(b)(ii)
Section 3Section 3(b)(iii)
Section 3Section 4(1)
Section 4Section 4(2)
Section 4Section 4(3)
Section 4Section 4(4)
Section 4Section 5(1)
Section 5Proviso to Section 5(1)
Section 5Section 5(2)
Section 5Section 5(3)
Section 5Proviso 1 to Section 5(3)
Section 5Proviso 2 to Section 5(3)
Section 5Section 6(1)
Section 6Section 6(2)
Section 6Section 7
Section 7Section 8
Section 8Section 9
Section 9Section 10(1)
Section 10Proviso to Section 10(1)
Section 10Section 10(2)
Section 10Explanation to Section 10
Section 10Explanation to Section 10(a)
Section 10Explanation to Section 10(b)
Section 10Section 11(1)
Section 11Section 11(2)
Section 11Section 11(3)
Section 11Section 12
Section 12
the-andhra-pradesh-intoxicating-liquors-prohibition-of-advertisements-act-1978.json
•
44 Sections
•
Andhra Pradesh
{
"id": 54,
"slug": "the-andhra-pradesh-intoxicating-liquors-prohibition-of-advertisements-act-1978",
"title": "THE ANDHRA PRADESH INTOXICATING LIQUORS (PROHIBITION OF ADVERTISEMENTS) ACT, 1978",
"short_title": "The Andhra Pradesh Intoxicating Liquors (Prohibition of Advertisements) Act, 1978",
"act_number": "30",
"act_year": 1978,
"act_type": "STATE",
"location": "Andhra Pradesh",
"law_status": "valid",
"enactment_date": "1978-10-27",
"description": "The Andhra Pradesh Intoxicating Liquors (Prohibition of Advertisements) Act, 1978",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "An ACT",
"chapter": null,
"content": "AN ACT TO PROHIBIT ADVERTISEMENTS IN RESPECT OF INTOXICATING LIQUORS IN THE STATE OF ANDHRA PRADESH.\nBE it enacted by the Legislature of the State of Andhra Pradesh in the Twenty- ninth year of the Republic of India as follows:-",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "1",
"title": "Section 1(1)",
"chapter": null,
"content": "This Act may be called the Andhra Pradesh Intoxicating Liquors (Prohibition of Advertisements) Act, 1978.",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "1",
"title": "Section 1(2)",
"chapter": null,
"content": "It extends to the whole of the State of Andhra Pradesh.",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "1",
"title": "Section 1(3)",
"chapter": null,
"content": "It shall come into force on such date as the State Government may, by notification, appoint.",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "2",
"title": "Section 2",
"chapter": null,
"content": "In this Act, unless the context otherwise requires,-",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "2",
"title": "Section 2(1)",
"chapter": null,
"content": "'advertisement includes any notice, circular, lable, wrapper or\nother document or a cinematograph film or slide used, or any sky sign or\nsign-board, baloon, parachute or other similar device employed, or any\nannouncement made, orally or by any means of producing or transmitting\nlight, sound or smoke, as a means or method of attracting public attention;",
"footnote": "",
"is_definition": true,
"sort_order": 50
},
{
"number": "2",
"title": "Section 2(2)",
"chapter": null,
"content": "'excise officer' means the Commissioner, the Collector or any officer\nor other person lawfully appointed or invested with powers under relevant\nprovisions of the Andhra Pradesh Excise Act, 1968 (Act 17 of 1968);",
"footnote": "Act 17 of 1968",
"is_definition": true,
"sort_order": 60
},
{
"number": "2",
"title": "Section 2(3)",
"chapter": null,
"content": "'Government' means the State Government;",
"footnote": "",
"is_definition": true,
"sort_order": 70
},
{
"number": "2",
"title": "Section 2(4)",
"chapter": null,
"content": "'liquor' includes,-",
"footnote": "",
"is_definition": false,
"sort_order": 80
},
{
"number": "2",
"title": "Section 2(4)(a)",
"chapter": null,
"content": "spirits of wine, denatured spirits, methylated spirits, rectified\nspirits, wine, beer, toddy and every liquid consisting of or\ncontaining alcohol;",
"footnote": "",
"is_definition": false,
"sort_order": 90
},
{
"number": "2",
"title": "Section 2(4)(b)",
"chapter": null,
"content": "any other intoxicating substance which the Government\nmay, by notification, declare to be liquor for the purpose of this\nAct;",
"footnote": "",
"is_definition": false,
"sort_order": 100
},
{
"number": "2",
"title": "Section 2(5)",
"chapter": null,
"content": "'notification' means a notification published in the Andhra Pradesh\nGazette, and the term 'notified' shall be construed accordingly:",
"footnote": "",
"is_definition": true,
"sort_order": 110
},
{
"number": "2",
"title": "Section 2(6)",
"chapter": null,
"content": "'prescribed' means prescribed by rules made by the Government\nunder this Act.",
"footnote": "",
"is_definition": true,
"sort_order": 120
},
{
"number": "3",
"title": "Section 3",
"chapter": null,
"content": "Whoever prints or publishes, in any\nnewspaper, book, leaflet, booklet or any other single or periodical publication,\nany advertisement or otherwise displays any advertisement to public view in\nany manner whatsoever in any place, whether public or private, or distributes\nany advertisement or other matter, soliciting the use of, or offering any liquor,\nshall be punished with imprisonment for a term which may extend to six\nmonths or with fine which may extend to five thousand rupees or with both:",
"footnote": "",
"is_definition": false,
"sort_order": 130
},
{
"number": "3",
"title": "Proviso to Section 3(a)",
"chapter": null,
"content": "Provided that this section shall not apply-\nto plain catalogues and price lists which may be generally or\nspecially approved by the Commissioner of Excise; or",
"footnote": "",
"is_definition": false,
"sort_order": 140
},
{
"number": "3",
"title": "Proviso to Section 3(b)",
"chapter": null,
"content": "Provided that this section shall not apply-\nto advertisements in medical journals, or to notices and literature\ncirculated exclusively to members of the medical profession, if such\nadvertisement, notices or literature relate to any liquor which has been\nspecially approved as of medicinal value",
"footnote": "",
"is_definition": false,
"sort_order": 150
},
{
"number": "3",
"title": "Section 3(b)(i)",
"chapter": null,
"content": "by the Medical Council established by the Andhra Pradesh\nMedical Practitioners Registration Act, 1968 (Act 23 of 1968); or",
"footnote": "Act 23 of 1968",
"is_definition": false,
"sort_order": 160
},
{
"number": "3",
"title": "Section 3(b)(ii)",
"chapter": null,
"content": "by any other Medical Council which has been established\nunder any law for the time being in force in any other part of India,\nor which has been recognized by the Government of the State\nconcerned or",
"footnote": "",
"is_definition": false,
"sort_order": 170
},
{
"number": "3",
"title": "Section 3(b)(iii)",
"chapter": null,
"content": "by such authority in respect of Indian Medicine as may be\nnotified by the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 180
},
{
"number": "4",
"title": "Section 4(1)",
"chapter": null,
"content": "Any excise officer, not below the rank of an excise sub-inspector, or any police\nofficer not below the rank of a sub-inspector shall have power to enter and\ninspect at any time, by day or by night, any place or premises, where he has\nreason to believe that an offence under this Act has been, is being, or is likely\nto be committed, and may seize and detain any article or thing which he has\nreason to believe to be liable to confiscation under this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 190
},
{
"number": "4",
"title": "Section 4(2)",
"chapter": null,
"content": "Every person in occupation of any such place or premises shall\nallow the officer such access to the place or premises as may be necessary for\nthe aforesaid purpose and shall answer to the best of his knowledge and belief\nany question put to him by such officer.",
"footnote": "",
"is_definition": false,
"sort_order": 200
},
{
"number": "4",
"title": "Section 4(3)",
"chapter": null,
"content": "If any officer empowered to make an entry under this section\ncannot otherwise make such entry, it shall be lawful for him to break open any\nouter or inner door or window and to remove any other obstacles to his entry\ninto any such place or premises.",
"footnote": "",
"is_definition": false,
"sort_order": 210
},
{
"number": "4",
"title": "Section 4(4)",
"chapter": null,
"content": "Whoever does any act in contravention of the provisions of\nsub-section (2) shall be punished with fine which may extend to two hundred\nrupees.",
"footnote": "",
"is_definition": false,
"sort_order": 220
},
{
"number": "5",
"title": "Section 5(1)",
"chapter": null,
"content": "In any case in which an offence has been committed\nagainst any provisions of this Act, the materials, implements or apparatus in\nrespect or by means of which the offence has been committed shall be liable to\nconfiscation along with the receptacles, packages or coverings and animals,\nvessels, vehicles, carts or other conveyances used to hold or carry the same:",
"footnote": "",
"is_definition": false,
"sort_order": 230
},
{
"number": "5",
"title": "Proviso to Section 5(1)",
"chapter": null,
"content": "Provided that if anything is not the property of the offender it shall not be\nconfiscated, if the owner thereof had no reason to believe that such offence was\nbeing or was likely to be committed.",
"footnote": "",
"is_definition": false,
"sort_order": 240
},
{
"number": "5",
"title": "Section 5(2)",
"chapter": null,
"content": "Where in any case tried by a court, the court decides that anything\nis liable to confiscation under this section it shall order confiscation of such\nthing.",
"footnote": "",
"is_definition": false,
"sort_order": 250
},
{
"number": "5",
"title": "Section 5(3)",
"chapter": null,
"content": "When an offence under this Act has been committed, but the\noffender is not known or cannot be found, or when anything liable to\nconfiscation under this Act and not in the possession of any person cannot be\nsatisfactorily accounted for, the case shall be enquired into and determined by\nan excise officer, not below the rank of an excise superintendent who may\norder such confiscation:",
"footnote": "",
"is_definition": false,
"sort_order": 260
},
{
"number": "5",
"title": "Proviso 1 to Section 5(3)",
"chapter": null,
"content": "Provided that no such order shall be made until the expiration of one\nmonth from the date of seizing the articles or things intended to be confiscated\nor without hearing the persons, if any, claiming any right thereto and evidence,\nif any, which they produce in support of their claims:",
"footnote": "",
"is_definition": false,
"sort_order": 270
},
{
"number": "5",
"title": "Proviso 2 to Section 5(3)",
"chapter": null,
"content": "Provided further that if the article or thing in question is liable to speedy\nand natural decay or if the excise officer aforesaid is of opinion that the sale\nwould be for the benefit of its owner, he may at any time direct it to be sold,\nand the provisions of this section shall, as nearly as may be practicable, apply\nto the net proceeds of such sale.",
"footnote": "",
"is_definition": false,
"sort_order": 280
},
{
"number": "6",
"title": "Section 6(1)",
"chapter": null,
"content": "The Commissioner of Excise or any excise officer specially empowered by the Government in that behalf may accept from\nany person who is reasonably suspected of having committed an offence under\nthis Act, a sum of money not exceeding five thousand rupees and subject to\nsuch minima as may be prescribed by way of compensation for the offence\nwhich may have been committed;\nand in all cases in which any article or thing\nhas been seized as liable to confiscation under this Act, he may release the\nsame on payment of the value thereof as estimated by such officer.",
"footnote": "",
"is_definition": false,
"sort_order": 290
},
{
"number": "6",
"title": "Section 6(2)",
"chapter": null,
"content": "On the payment by the person the sum of money or the value or both,\nas the case may be, such person, if in custody shall be set at liberty, and all\nthe articles or things seized may be released and no proceedings shall be\ninstituted against such person in any criminal court.\nThe acceptance of\ncompensation shall be deemed to amount to an acquittal and in no case any\nfurther proceedings be taken against such person or article or thing with\nreference to the same act.",
"footnote": "",
"is_definition": false,
"sort_order": 300
},
{
"number": "7",
"title": "Section 7",
"chapter": null,
"content": "Notwithstanding anything in the\nCode of Criminal Procedure, 1973 (Central Act 2 of 1974), all offences under\nthis Act shall be cognizable.",
"footnote": "Central Act 2 of 1974",
"is_definition": false,
"sort_order": 310
},
{
"number": "8",
"title": "Section 8",
"chapter": null,
"content": "Whoever abets any offence punishable under\nthis Act or attempts to commit any such offence, shall be punished with the\npunishment provided in this Act for such offence.",
"footnote": "",
"is_definition": false,
"sort_order": 320
},
{
"number": "9",
"title": "Section 9",
"chapter": null,
"content": "No suit, prosecution or other\nlegal proceeding shall be instituted against any person exercising powers under\nthis Act, for anything which is in good faith done or intended to be done under\nthis Act or the rules made thereunder.",
"footnote": "",
"is_definition": false,
"sort_order": 330
},
{
"number": "10",
"title": "Section 10(1)",
"chapter": null,
"content": "If the person committing an offence under\nthis Act is a company, the company as well as every person in charge of, and\nresponsible to, the company for the conduct of its business at the time of the\ncommission of the offence, shall be deemed to be guilty of the offence and shall\nbe liable to be proceeded against and punished accordingly:",
"footnote": "",
"is_definition": false,
"sort_order": 340
},
{
"number": "10",
"title": "Proviso to Section 10(1)",
"chapter": null,
"content": "Provided that nothing in this sub-section shall render any such person\nliable to any punishment, if he proves that the offence was committed without\nhis knowledge or that he exercised all due diligence to prevent the commission\nof such offence.",
"footnote": "",
"is_definition": false,
"sort_order": 350
},
{
"number": "10",
"title": "Section 10(2)",
"chapter": null,
"content": "Notwithstanding anything in sub-section (1), where an offence under\nthis Act has been committed by a company and it is proved that the offence\nhas been committed with the consent or connivance of, or that the commission\nof the offence is attributable to any neglect on the part of any director,\nmanager, secretary, or other officer of the company, such director, manager,\nsecretary or other officer shall also be deemed to be guilty of that offence and\nshall be liable to be proceeded against and punished accordingly.",
"footnote": "",
"is_definition": false,
"sort_order": 360
},
{
"number": "10",
"title": "Explanation to Section 10",
"chapter": null,
"content": "For the purposes of this section,-",
"footnote": "",
"is_definition": false,
"sort_order": 370
},
{
"number": "10",
"title": "Explanation to Section 10(a)",
"chapter": null,
"content": "\"company\" means any body corporate and includes a\nfirm or other association of individuals, and",
"footnote": "",
"is_definition": false,
"sort_order": 380
},
{
"number": "10",
"title": "Explanation to Section 10(b)",
"chapter": null,
"content": "\"director\" in relation to a firm, means a partner in the firm.",
"footnote": "",
"is_definition": false,
"sort_order": 390
},
{
"number": "11",
"title": "Section 11(1)",
"chapter": null,
"content": "The Government may, by notification, make\nrules for carrying out all or any of the purposes of this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 400
},
{
"number": "11",
"title": "Section 11(2)",
"chapter": null,
"content": "Every rule made under this section shall, immediately after it is\nmade, be laid before each House of the State Legislature if it is in session and if\nit is not in session, in the session immediately following, for a total period of\nfourteen days which may be comprised in one session, or in two successive\nsessions and if, before the expiration of the session in which it is so laid or the\nsession immediately following, both Houses agree in making any modification\nin the rule or in the annulment of the rule, the rule shall, from the date on\nwhich the modification or annulment is notified, have effect only in such\nmodified form or shall stand annulled as the case may be so however that any\nsuch modification or annulment shall be without prejudice to the validity of\nanything previously done under that rule.",
"footnote": "",
"is_definition": false,
"sort_order": 410
},
{
"number": "11",
"title": "Section 11(3)",
"chapter": null,
"content": "Any such rule may provide that any breach or contravention\nthereof shall be punished with fine which may extend to fifty rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 420
},
{
"number": "12",
"title": "Section 12",
"chapter": null,
"content": "With effect on and from the\r\ncommencement of this Act, the provisions of section 6 of the Andhra Pradesh\r\n(Andhra Area) Prohibition Act, 1937, shall cease to apply in so far as they relate\r\nto advertisements pertaining to intoxicating liquors.",
"footnote": "Act X of 1937",
"is_definition": false,
"sort_order": 430
}
],
"metadata": {
"Act ID": "197830",
"Act Number": "30",
"Enactment Date": "1978-10-27",
"Act Year": "1978",
"Short Title": "The Andhra Pradesh Intoxicating Liquors (Prohibition of Advertisements) Act, 1978",
"Department": "Legislature of the State of Andhra Pradesh",
"Type": "STATE",
"Location": "Andhra Pradesh"
},
"updated_at": "2026-09-29 21:55:16"
}