BOMBAY PROHIBITION ACT 1949 BARE ACT PDF

In exercise of the powers conferred by section of the Bombay Prohibition Act, (Bom. XXV of (, and of all other powers enabling it in this behalf and. The Bombay Prohibition Act, is an Act of the Bombay Legislative Assembly relating to the promotion and enforcement of alcohol prohibition in the Bombay. Bom. XXV). THE MAHARASHTRA PROHIBITION ACT loco co ojo. CONTENTS. PREAMBLE. SECTIONS: CHAPTER I. Preliminary. 1. Short title, extent.

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Passes for import, etc. Provided that having regard to the nature of the outstill area of the Chanda District, the general backwardness of the people residing therein, and the necessity of preparing an adequate background before the introduction of prohibition therein, the State Government may, if it thinks fit, fix a different date for bringing the Act prohiibition force in that area.

bombay prohibition act

Provided further that, no licence shall be necessary for the possession of denatured spirit to the extent of such quantity as may be prescribed. Provided that, where any intoxicant or hemp, or article containing such intoxicant or hemp, has been obtained by prkhibition person for a bona fide medicinal purpose, from any person or institution licensed to sell the same under this section, it shall not be necessary for such person to obtain a licence for the possession, purchase, consumption or use thereof: Provided that the person to whom a permit is granted under this section may ‘[subject to such conditions as may be prescribed] allow the use or consumption of liquor in respect of which the permit has been granted to any other person who requires the use thereof for medicinal purpose on emergent occasions:.

Penalty for manufacturing [articles mentioned in section 24A] in contravention of the provisions of section 59A. So far as section 13 b relates to consumption or use for such preparation by a person not less than twenty-one years of age. Special permits to foreign sovereigns, etc.

Provided further that unless the 5[State] Government by prohibitiom notification in the Official Gazette, otherwise directs, no licence, permit or pass shall be necessary for the transport by rail of any quantity of mhowra flowers through an area acr has no vacation period or the vacation period for which has expired at the time when the transport takes place, provided that Power to obtain information.

This Chapter not to apply bre [certain articles]. Power of entry and inspection. Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and fine shall not 194 less than five hundred rupees. Chapter X Appeals and Revision Execution of bonds in respect of minors.

Penalty for inciting or encouraging certain acts.

Owner of trees entitled to assistance for duty paid. Liability of licensee for acts of servants. The State Government may by general or special order 199 that the manufacture, import, export, transport, storage, sale, purchase, use, collection or cultivation of any intoxicant, denatured spirituous preparation, hemp, mhowra flowers, or molasses shall be under the supervision of such prohibition and excise or police staff as it may deem proper to appoint, and that the cost of 1994 staff shall be paid to the State Government by the person manufacturing, importing, exporting, transporting, storing, selling, purchasing, using, collecting or cultivating the intoxicant, denatured spirituous preparation, hemp, mhowra flowers or molasses:.

Commissioner of Prohibition and Excise.

Provided that the 7[State] Government is satisfied that such hotel has ordinarily a sufficient number of boarders eligible to hold permits. Investing officers of [Police and] other departments with powers and duties under this Act.

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

Presumption as to commission of offences in certain cases. Sub-section 3 shall stand unmodified vide the Maharashtra Adaptation of laws State and Concurrent Subject Order, Penalty for being drunk and for disorderly behaviour.

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

Any person found in a common drinking house during any drinking therein shall be presumed, until the contrary is proved, to have been there for the purpose of drinking, Licence for possession or rectified spirit and alcohol for industrial or medical purposes. Arrest of offenders failing to give names. Provided that no such licence shall be necessary for the import or export of such article to the extent of such quantity as may be prescribed.

Provided that the officer so authorized is satisfied that the use of such liquor is required in accordance with the religious tenets of the community to which such person belongs. Every person who manufactures or sells any intoxicant or hemp under a licence granted under this Act, shall be bound. Landlords and others to give information. Provided that, the decision taken by majority of the Gram Sabhas concerned by passing a resolution in the above matter shall be binding on the concerned Panchayat Samiti or the Zilla Parishad as the case may be.

Prohibition Officers may be empowered to investigate offences. Every village officer or servant useful to Government, every officer of the State Government, and with the consent of the Central Government every officer of the Customs and Central Excise Departments.

The Bombay Prohibition Act, 1949

Power of Collector etc. Manners of levying excise duties. Save in so far as may be expressly provided in any rule, regulation or order made under this Act, nothing in this Act shall apply in respect of any intoxicant, denatured spirituous preparations, hemp, mhowra flowers or molasses which are the property and in the possession of the Government. Demand for security for abstaining from commission of certain offences.

Notwithstanding anything contained in this Act, the State Government shall have the exclusive right or privilege of importing, exporting, transporting, manufacturing, bottling, selling, buying, possessing or using any intoxicant, hemp or toddy and whenever under this Act or any licence, permit, pass, thereunder any fees are levied and collected for any licence, permit, pass, authorisation or other permission given to any person for any such purpose, such fees shall be deemed to include the rent or consideration for the grant of such right or privilege to that person by or on behalf of the State Government.

Power to exempt, remit or refund excise duty. On the cancellation or the expiry of the period of any licence, permit, pass or authorization, the [Commissioner] may also direct that any stock of any intoxicant, [denatured spirituous preparation,] hemp or mhowra flowers remaining with the hold of the licence, permit, pass or authorization together with receptacles or packages thereof be forfeited to [the State Government.

The Bombay Prohibition Act Complete Act – Citation – Bare Act | LegalCrystal

The 3[State] Government may, by rules or an order in writing, authorize an officer prohjbition grant licences to any shipping company for each ship 4[or to the Master of any ship] to sell foreign liquor 5[and to permit the use or consumption of foreign liquor on such ship on such conditions as may be prescribed].

OF LIQUOR No person shall- a bottle any liquor for sale; b consume or use liquor; or c use, keep or have in prohbiition possession any materials, still utensils, implements or apparatus whatsoever for the manufacture of any liquor. Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, the imprisonment shall not be less than three months and fine shall not be less than five hundred rupees.

Power of State Government to make rules. Whereas it is also necessary to amend and consolidate the Abkari law in the ‘[State] of Bombay for the said purpose and to provide for certain other purposes hereinafter appearing.

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