Maharashtra Prohibition Act

The Maharashtra Prohibition Act

Rules Regulations Notifications Orders Circulars Ordinance Statutes

Act Number:	25
Enactment Date:	1949-05-20
Act Year:	1949
Short Title:	The Maharashtra Prohibition Act
Long Title:	An Act to amend and consolidate the law relating to the promotion and enforcement of and carrying into effect the policy of Prohibition and also the Abkari law in the State of Bombay
Ministry:	Ministry of Govt of Maharashtra
Department:	Home Department
Type:	STATE
Location:	Maharashtra


Schedule 1. SCHEDULE I-A. Order Appendix Forms
Schedule 2. SCHEDULE II. Order Appendix Forms
Schedule 3. SCHEDULE III. Order Appendix Forms

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Title	Files

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Show all section The Maharashtra Prohibition Act

CHAPTER I

Preliminary

CHAPTER II

Establishment

CHAPTER III

Prohibitions

CHAPTER IV

Control, Regulation and Exemptions

CHAPTER IV—A

Control and Regulation of Articles Mentioned in section 24A to prevent their use as Intoxicating Liquor.

CHAPTER IV—B

Control and Regulation of Denatured Spirituous Preparations to prevent their use as Intoxicating Liquor.

CHAPTER V

Mhowra flowers.

CHAPTER VI

Control and regulation of Molasses.

CHAPTER VII

Offences and penalties.

CHAPTER VIII

Excise Duties.

CHAPTER IX

Powers and duties of officers and procedure.

CHAPTER X

Appeals and Revision.

CHAPTER XI

Miscellaneous.


Section 1. Short title, extent and commencement.
Section 2. Definitions.
Section 3. Commissioner of Prohibition and Excise.
Section 4. Collectors.
Section 5. Subordinate officers.
Section 6. Investing officers of Police and other departments with powers and duties under this Act.
Section 6A. Board of Experts.
Section 7. Other Boards and committees.
Section 8. Medical Boards.
Section 9. Control of Commissioner over Prohibition officers and other officers.
Section 10. Delegation.
Section 11. Manufacture, etc., of intoxicant to be permitted in accordance with provisions of Act, rules, etc.
Section 11A. Power of Gram Sabha to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant.
Section 12. Power of Gram Sabha to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant.
Section 13. Prohibition of sale, etc., of liquor.
Section 14. Prohibition of export, import, transport, sale, manufacture, etc., of intoxicating drugs.
Section 15. Prohibition of import, export, transport, sale, etc., of sweet toddy.
Section 16. Prohibition of tapping of toddy producing trees and drawing of toddy.
Section 17. Prohibition of possession, etc., of opium.
Section 18. Prohibition of sale to minors.
Section 19. (Deleted.)
Section 20. Prohibition or production, etc., of charas.
Section 21. Alteration of denatured spirit.
Section 21A. Alteration of denatured spirituous preparation.
Section 22. Prohibition of allowing any premises to be used as common drinking house.
Section 22A. Prohibition of issuing prescriptions for intoxicating liquor except by registered medical practitioners.
Section 23. Prohibition of soliciting use of intoxicant or hemp or doing any act, calculated to incite or encourage member of public to commit offence.
Section 24. Prohibition of publication of advertisements relating to intoxicant, etc.
Section 24A. This Chapter not to apply to certain articles.
Section 25. Exemption of preparations.
Section 26. Distilleries and warehouses for intoxicants.
Section 27. Intoxicant or hemp not to be removed from warehouse, etc.
Section 28. Passes for import, etc.
Section 29. Through transport.
Section 30. (Deleted)
Section 31. Licences for bona fide medicinal or other purposes.
Section 31A. Licences for purchase, etc., of liquor for manufacture of articles mentioned in section 24A.
Section 32. Licences for tapping for neera.
Section 33. Trade and import licences.
Section 34. Vendor’s Licence
Section 35. Hotel Licences.
Section 36. (Deleted)
Section 37. (Deleted)
Section 38. Licences to shipping companies and to Masters of ships.
Section 39. Permission to use or consume foreign liquor on warships, troop ships and in messes and canteens of armed forces.
Section 40. Permits.
Section 40A. Health permits.
Section 40B. Emergency permits.
Section 41. Special permits to foreign sovereigns, etc.
Section 42. (Deleted)
Section 43. Regulation of use or consumption of foreign liquor by certain permit-holders.
Section 44. Licence to clubs.
Section 45. Authorization for sacramental purposes.
Section 46. Visitor’s permit.
Section 46A. Tourist’s permit
Section 47. Interim permits.
Section 48. Permits for consumption or use of intoxicating drugs or opium.
Section 48A. Permits to be non-transferable.
Section 49. Exclusive privilege of Government to import, etc., intoxicants, etc. and fees levied include rent or consideration for grant of such privilege to person concerned.
Section 50. (Deleted)
Section 51. (Deleted)
Section 52. Power of authorized officer to grant licences, permits and passes in certain cases.
Section 53. General conditions regarding licences, etc.
Section 53A. Certain licensees required to keep measures, etc.
Section 54. Power to cancel or suspend licences and permits.
Section 55. Holder of licence, etc., not entitled to compensation or refund of fee for cancellation or suspension thereof.
Section 56. Holder of licence, etc., not entitled to compensation or refund of fee for cancellation or suspension thereof.
Section 57. Attachment of licence.
Section 58. Right, title or interest under licence not liable to be sold or attached in execution.
Section 58A. Supervision over manufacture, etc.
Section 59. Commissioner entitled to require licence holder or owner to dispose of stocks.
Section 59AA. Control on manufacture, etc., of articles mentioned in section 24A.
Section 59A. Manufacture of articles mentioned in section 24A.
Section 59B. Analysis of articles mentioned in section 24A.
Section 59C. Prohibition against possession of denatured spirituous preparation in excess of prescribed limit and the regulation of its possession in excess of prescribed limit.
Section 59D. Regulation of manufacture, etc., of denatured spirituous preparations.
Section 60. Prohibition of export or import of mhowra flowers. Control and regulation of transport, sale, etc., of mhowra flowers.
Section 61. Control of export, etc., of molasses.
Section 62. Provisions of sections 53 to 59 to apply to licences granted under section 61.
Section 63. Provision of Act in relation to molasses to be in addition to, and not in derogation of Bom. XXXVIII of 1956.
Section 64. (Deleted.)
Section 65. Penalty for illegal import, etc. of intoxicant or hemp.
Section 66. Penalty for illegal cultivation and collection of hemp and other matters.
Section 66A. Penalty for illegal import, etc., of opium.
Section 67-IA. Penalty for alteration or attempting to alter denatured spirituous preparation.
Section 67-IB. Penalty for contravention of provision regarding prescriptions.
Section 67A. Penalty for manufacturing articles mentioned in section 24A in contravention of the provisions of section 59A
Section 67B. Penalty for failure to satisfy the Commissioner under sub-section (1) or to comply with a requisition under sub-section (2) of section 59B.
Section 67C. Penalty for possessing, etc., denatured spirituous preparations in contravention of provisions of section 59C and 59D.
Section 68. Penalty for opening, etc., of common drinking house.
Section 69. Penalty for illegal import, etc., of mhowra flowers.
Section 70. Penalty for illegal import, etc., of molasses.
Section 71. (Deleted)
Section 72. Penalty for removal of intoxicant, etc.
Section 73. Penalty for printing or publishing advertisements in contravention of provisions of Act, etc.
Section 74. Penalty for printing or publishing advertisements in contravention of provisions of Act, etc.
Section 75. Penalty for inciting or encouraging certain acts.
Section 75A. Penalty for contravention of provisions of section 43.
Section 76. Penalty for neglect to keep measures, etc.
Section 77. Penalty for misconduct by licensee, etc.
Section 78. Penalty for misconduct by licensed vendor or manufacturer.
Section 79. Liability of licensee for acts of servants.
Section 80. Import, export, etc., of intoxicant by any person on account of another.
Section 81. Penalty for attempt or abetment.
Section 82. Breach of licence, permit, etc., to be an offence.
Section 83. Penalty for conspiracy.
Section 84. Penalty for being found drunk in any drinking house.
Section 85. Penalty for being drunk and for disorderly behaviour.
Section 86. Penalty for allowing any premises to be used for purpose of committing an offence under Act.
Section 87. Penalty for chemist, druggist or apothecary for allowing his premises to be used for purpose of consumption of liquor.
Section 88. Penalty for issuing false prescriptions.
Section 89. Penalty for maliciously giving false information.
Section 90. Penalty for offences not otherwise provided for.
Section 91. Demand for security for abstaining from commisssion of certain offences.
Section 92. (Deleted).
Section 93. Demand of security for good behaviour.
Section 94. Execution of bonds in respect of minors.
Section 95. Punishment for vexatious search, seizure or arrest.
Section 96. Punishment for vexatious delay.
Section 97. Punishment for abetment for escape of persons arrested.
Section 98. Things liable to confiscation.
Section 99. Return of things liable to confiscation to bona fide owners.
Section 100. Procedure in confiscation.
Section 101. Power of Colletor, etc., to order sale or destruction of articles liable to confiscation.
Section 102. Forfeiture of any publication containing advertisement or matter soliciting use of intoxicants.
Section 103. Presumption as to commission of offences in certain cases.
Section 103A. (Deleted)
Section 104. Compounding of offences.
Section 104A. Bombay Probation of Offenders Act, 1938, and section 562 of Code of Criminal Procedure, 1898, not to apply to persons convicted of offence under this Act.
Section 105. Excise duties.
Section 106. Manner of levying excise duties.
Section 107. (Deleted)
Section 107A. Declaration of stock of articles mentioned in section 24A; maintenance of accounts and submission of returns.
Section 107B. Power to obtain information and to search and seize excisable articles.
Section 108. Penalty for import, export, etc. of intoxicant etc. without payment of duty.
Section 109. Duty on tapping of toddy trees.
Section 110. Duty by whom payable.
Section 111. Owner of trees entitled to assistance for duty paid.
Section 112. Privilege of drawing toddy from trees belonging to Government.
Section 113. (Deleted)
Section 114. Recovery of duties, etc.
Section 115. Magistrate’s power to impose enhanced penalties.
Section 116. Procedure to be followed by Magistrates.
Section 116A. Tender of pardon to accomplice.
Section 117. Investigations, arrests, searches, etc., how to be made.
Section 118. Procedure of Code of Criminal Procedure relating to cognizable offences to apply.
Section 119. Certain offences to be non-bailable.
Section 120. Power of entry and inspection.
Section 121. Power to open packages, etc.
Section 122. Power to require production of licences.
Section 123. Arrest of offenders and seizure of contraband articles.
Section 124. Power to obtain information.
Section 125. Power to seize intoxicants, etc.
Section 126. Arrest without warrant.
Section 127. Arrest of offenders failing to give names.
Section 128. Issue of warrants.
Section 128A. Certain provisions to apply to denatured sprituous preparations.
Section 129. Prohibition officers may be empowered to investigate offences.
Section 129A. Power to require persons to submit to medical examination, etc.
Section 129B. Documents or reports of registered medical practitioner, etc., as evidence.
Section 130. Arrested persons and things seized to be sent to officer-in-charge of police station.
Section 131. Bail by Prohibition Officer.
Section 132. Articles seized.
Section 133. Duty of officers of Government and local authorities to assist.
Section 134. Offences to be reported.
Section 134A. Establishment of Gram Rakshak Dal.
Section 135. Landlords and others to give information.
Section 136. (Deleted)
Section 137. Appeals.
Section 138. Revision.
Section 139. General powers of State Government in respect of licences, etc.
Section 140. Power of State Government to prohibit, regulate or control consumption or use of intoxicants, etc., in public place.
Section 141. Employment of additional police.
Section 142. Power of Collector to close places where intoxicant or hemp is sold in certain cases.
Section 143. Power of State Government to make rules.
Section 144. Commissioner’s powers to make regulations.
Section 145. Officers and persons acting under this Act to be public servants.
Section 146. Bar of proceedings.
Section 146A. Limitation of prosecutions or suits against officers.
Section 146B. Provisions of Act not to apply to Government.
Section 147. Provisions of this Act not to apply to import or export across customs frontier.
Section 148. Repeal and amendments.
Section 149. Further repeals and savings consequent on commencement of Bom. XXV of 1949 in other area’s of State.


Schedule 1. SCHEDULE I-A. Order Appendix Forms
Schedule 2. SCHEDULE II. Order Appendix Forms
Schedule 3. SCHEDULE III. Order Appendix Forms

Schedule 1. SCHEDULE I-A.

Schedule 2. SCHEDULE II.

Schedule 3. SCHEDULE III.