CHAPTER 1

PRELIMINARY

 

Short title extent and commence­ment.

1.    (1) This Act may be cited as the Bombay Prohibition Act, 1949.

           (2) It extends to the whole of the 3[State of Maharashtra].

     **(3) It shall come into force 4[in the area comprising the pre-Reorganisation State of Bombay] on such date as the 5[State] Government may by notification in the Official Gazette 6[specify.

 

Bom. XII

1959.

 

In those areas of the State to which it is extended by the Bombay Prohibition (Extension and Amendment) Act, 1959, it shall come into force on such other date that Government may, by like notification, appoint:

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 Stale Government may, if it thinks lit, fix a different date for bringing the Act into force in that area.

Explanation. - In this sub-section the expression "outstill area of the Chanda District" means the areas of the Chanda District specified in Schedule I-A].

 

Bom.   XII of

1959

 

*1[(4) On the commencement of this Act in the manner provided in sub-section (3) in any area to which this Act is extended by the Bombay Prohibition (Extension and Amendment) Act, 1959, all rules, regulations, orders and notifications made or issued or deemed to be made or issued under this Act and in force in the pre-reorganisation State of Bombay excluding the transferred territories immediately before such commencement, shall also extend to, and be in force in that area.]

 

Definitions.

 

2.    In this Act, unless there is anything repugnant in the subject or context, -

(1) "authorization" means an authorization granted under section 45 for the use of liquor for sacramental purposes;

 

 

1.           This sub-section was added by Bum. 12 of 1959, s. 5(c).

2.           This sub-section was substituted for the original, by Bom. 12 of 1959 s. 5(a)

3.           These words were substituted for the words "State of Bombay" by the Maharashtra Adaptation of Laws (State and concurrent Subjects) Order, I960.

4.           These words were inserted by Bom   12 of 1959, s. 5(b) (i).

5.           This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

6.           This portion was substituted for the word "specify" by Bom. 12 of 1959, s. 5(b) (ii).

*   Sub section (4) shall stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

**  Sub-section (3) shall stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, I960.

 

(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 not bottling includes re-bottling;

     1*         *         *         *         *

2[(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;

3[[(5) "Commissioner" means an officer appointed as the Commissioner of Prohibition and Excise under section 3 of this Act and includes any officer on whom the Slate Government may confer all or any of the powers of the Commissioner under this Act;]]

(6)"committee 4 [or board]" means 5[  a committee or board appointed by the 6[State] Government under section 7;

(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 owing, occupying, using, keeping or having the care or 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;

(8)"country liquor" includes aft liquor produced or manufactured in India;     

7[(9) "cultivation" means raising a plant from seed and includes the tending or protecting of a plant during its growth;]

(10) "denatured" means subjected to a process prescribed for the purpose of rendering unfit for human consumption;

8[(10a) ''denatured spirituous preparation" means any preparation made with denatured spirit 9[or denatured alcohol] and includes lacquers, French Polish, and varnish prepared out of such spirit or alcohol;]

       10.     *             *             *                *               *

       (12) "to drink" with its grammatical variations, means to drink liquor or to consume any intoxicating drug;

 

 

1.                   Clause (3) was deleted by Bum. 22 of 1960, s. 2(a).

2.         Clauses (4) and (5) were substituted for the original by Bom. 12 of 1954. ft. 6<a).

3.         Clause (5) was substituted by Mah. 52 of 1973, s. 3, Sch.

4.         These words were inserted by Bom. 22 of I960, s. 2(b).

5.         These words were substituted fur the words "any of the committees", ibid.

6.         This word was substituted for the word "Provincial' by the Adaptation of Laws Order, 1950.

7.         This clause was substituted for the original by Bom. 22 of'1960, g. 2(c).

8.         Clause (10a) was inserted by Bom. 36 of 1954, s. 2.

9.         These words were substituted for the words "or alcohol" by Bom. 22 of 1960, s. 2(d).

10.            Clause (11) was deleted by Bum. 22 of I960, s. 2(c).

 

 

(13)   “excisable article means -

(a) any 'alcoholic liquor for human consumption 

(b) an intoxicating drug 5[or hemp],

(c) opium.

           6[(d) other narcotic drugs and narcotics which the Stale Government may, by notification in the Official Gazette, declare to be an excisable article];

(14) "excise duty" and "countervailing duly" means such excise duly or countervailing duty, as the case may be, as is mentioned in 7[entry 51 in list II in the Seventh Schedule to the Constitution];

(15) "excise revenue" means revenue derived or derivable from any duty, fee, lax, fine (other  than a fine imposed by a court of law) or confiscation or forfeiture imposed or ordered under the intoxicants;.

(16)"export" (except in section 147) means to take out of One 8[State otherwise than across a customs frontier. 9*   *    *   *     *;

(17)"foreign liquor" '"[means all liquor  produce or manufactured outside India :] Provided that the 8 [ State] Government may by notification in the Official Gazette declare, that any specified description of country liquor shall, for the purposes of this Act, be deemed to be foreign liquor;

(18) "hemp" means any variety of the Indian hemp plant from which intoxicating drugs can be produced;

(19) "hotel licence" means a licence granted under section 35;

1[(19a) "household" means a group of persons residing and messing jointly as members of one domestic unit, but docs not include their servants; ]

(20)"import" (except in section 147) means to bring into the 2[State] otherwise than across a customs frontier. 3*    *    *   *    *;

(21) "interim permit" means a permit granted under section 47;

(22) "intoxicant" means any liquor, intoxicating drug, opium or any other substance, which the 4[State] Government may, by notification in the Official Gazette, declare to be an intoxicant;

 

(23) "intoxicating drugs" means -

    (a)  the leaves, small stalks and flowering or fruiting lops of the Indian hemp plant (Cannabis Saliva L) including all forms known as bhang, sidhi , or ganja;

    (b)  charts, that is the resin obtained from the Indian hemp plant, which has not been submitted to any manipulations other than those necessary for packing and transport;

    (c)  any mixture with or without neutral materials of any of the above forms of intoxicating drug or any drink prepared therefrom; 5*    *    

        *       *          *

6[(d) any other intoxicating or narcotic drug or substance together   II of 1930 with every preparation or admixture of the same which the Slate Government may be notification in the Official Gazelle, declare 10 be an intoxicating drug for the purposes of the Act, such drug, substance, preparations or admixture not being opium coca leaf or a manufactured drug as defined in section 2 of the Dangerous Drugs Act, 1930;)

(24) "liquor" includes -

     (a)  1[spiritist], 2[denatured spirits], wine, beer, toddy and all liquids consisting of or containing alcohol; and

    (b)  any other intoxicating  substance  which   the  3[State] Government may, by notification in the Official Gazette, declare to be liquor for the purposes of this Act;

(25) "manufacture" includes -

(a)every process whether natural or artificial by which any liquor or intoxicating drug is produced, prepared or blended and also redistillation and every process for the 4[rectification, flavouring, or colouring of liquor or intoxicating drug ] but docs not include flavouring, blending or colouring of liquor or intoxicating drug lawfully possessed for private consumption; and

(b)every process of producing and drawing of toddy from trees;

(26) "Medical Board" means a board constituted under section 8;

(27) "mhowra flower" docs not include the berry or seed of the mhowra tree.

 

1.         This word w»s substituted for the winds 'spirits of wine' by Bom. 22 of I960, s . 2(i).

2.         These words were substituted for the word" "methylated spirits" by Bom. 26 of 1952, s 2(2)

3.         This word was substituted for the word "Provincial" try the Adaptation of Laws Order, 1950.

4.         These words were substituted for the words "rectification of liquor" by Bom. 22 of 1960, s. 2(j).

5.         The word "and" was deleted by Bom. 26 or 1952, s 2 (2).

6.         Clause (d) was substituted for the original clause with the proviso, ibid.

 

 

(28) "molasses" means the heavy, dark coloured viscous liquid produced during 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 by the addition to such liquid of any ingredient which does not substantially alter the character of such liquid or solid and shall also include substances containing sugars obtained from sugarcane known as black coloured gur and residual substances obtained from khandsari known as third sugar or raskat or sayar and irrespective of its colour rotten gur or rotten rab which conform to the following analytical standards on dry weight basis,-

(i)               total sugars (expressed as invert sugar)less than 85 per cent. And sucrose less than 57 per cent.; or

(ii)            extraneous matter insoluble in water more than 2 per cent.; or

(iii)          total ash more than 6 per cent.; or

(iv)          ash insoluble in Hydrocloric acid (HCL) more than 0.5 per cent.; or

(v)             more than10 per cent. of moisture;

but dose not include any article  which the State Government may, by notification in the Official Gazette, declare not to be molasses of the purpose of this Act.                           

 (29)"Officer in charge of a Police Station" includes -

(a) in the Greater Bombay the officer in the charge of a police station as provided under the provisions of the 7[Bombay Police Act, 1951; and]

Bom. XX11 of 1951.   V   of 1898.

 

(b)elsewhere the officer in charge of a police station as defined in the 'Code of Criminal Procedure, 1898;

(30) "opium" means -

(a) the capsules of the poppy  (Papaver Some forum L)  8[whether in their original form or cui or crushed or powdered and whether or not the juice has been extracted therefrom];

(b) the spontaneously coagulated juice of such capsules which has not been submitted to any manipulation other than those necessary for packing and transport ; and

(c) any mixture with or without neutral materials of any of the above forms of opium; but docs not include any preparations containing not more than 0.2 per cent of morphine, or a manufactured drug as defined in section 2 of the Dangerous Drugs Act, 1930.

II of 1930

 

        1*         *      *        *         *         *        *

  (32) "permit means a permit granted under 2[the provisions of this Act] and the expression "permit holder" shall be construed accordingly;

Bom.   XX II of 1951 v of 1898.

       (33) "police station" means in the Greater Bombay a police station as provided under the provisions of the 3[Bombay Police Act, 1951) and elsewhere any place declared to be a police station for the purposes of the 'Code of Criminal Procedure, 1898;

 

1.                 Clause (3) was deleted by Bom. 22 of I960. s. 2(m).

2.                 These words were substituted for the word* and figures “sections 40, 41, 46 or 47" by Bom. 26 of 1952, s. 2(4).

3.        These words and figures were substituted for the words and figures "City of Bombay Police Act.1902,” by Bom. 12 of 1959. s. 6 (b).

4.        These words were substituted fur die words "residual syrup drained away ", ibid., s. 2(k).

5.        These words were: substituted for the words beginning with the words" and includes and ending with the words "alter the character of such syrup , ibid.

6.        These words and figures were substituted for the words and figures "City of Bombay Police Act, 1902" by Bom. 12 of 1969, s. 6(b).

7.        These words were added by Bom. 22 of  1960. s. 2(i).

*    Sec now the Code of Criminal Procedure, 1973 (2 of 1974).

 

XVI of 1948.

Bom. LXV-

III of 1953

    (34)"prescribed" means prescribed by the rules, orders or regulations under this Act;

(35)                   "Prohibition officer" includes the 4[Commissioner], Collector or any officer or person appointed to exercise any of the powers or to perform any of the duties and functions under the provisions of this Act 5[and also includes any officer or person invested with any such powers and on whom any such functions or duties are imposed, and any member of a committee, board or medical board];

6[(36) "State" means the 7[State of Maharashtra] including the space within the limits of the territorial waters appertaining to it ; ]

8[(37) "rectification includes every process whereby liquor is purified or refined;)

 

 

9[(38) "registered medical practitioner" means a person who is entitled  to practice any system of medicine in the State under any law for the time  being in force relating to medical practitioners, and includes registered dentists as defined in the Dentists Act, 1948 and a veterinary practitioner registered under the Bombay Veterinary Practitioners Act, 1953 or under of any law corresponding thereto to any part of the State;]

(39)"regulations" means regulations made under this Act;

(40)"rules" means rules made under this Act;

(41)"sell" with its grammatical variations includes -

(a) any transfer whether such transfer is for any consideration or not,

(b) any supply or distribution for mutual accommodation, and

(c)any supply by a club to its members on payment of price of any fees or subscription, but docs not include selling of opium for export across the customs frontier; 10*     *     *     *     *

The word "buy" with its grammatical variations shall be construed accordingly;

3*     *             *     *      *     *

3(43) "spirit" means any liquor containing alcohol and obtained by distillation (whether it is denatured or not);

 

 

3.        Clause (42) was deleted by Bom. 22 of I960, s. 2(p).

4.        This word was substituted for the word "Director" by Mah. 52 of 1973, s. 3 Sch.

5.        These words were substituted for the words "and also includes any member of a committee or the Medical Board" by Bom. 22 of 1960, s. 2(n).

6.        This clause was substituted by Hum. 12. of 1969, s.6(c).

7.        These words were substituted for the words "State of Bombay" by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order. 1960.

8.        This clause was substituted for the original by Bom. 22 of 1960, s. 2(a).

9.        This clause was substituted for the original by Bom. 12 of 1959, s. b(b).

10.     The words "as deemed by the- Dominion Government" were  deleted by Bom. 26 of 1952. s. 2(1).

†    Sec now the Maharashtra Veterinary Practitioners Act, 1971 (Mah. XLIV of 1971).

 

(44) "sweet toddy or nira or neera" means unfermented juice drawn from a coconut, brab, date or any kind of palm tree into receptacles treated in the prescribed manner so as to prevent fermentation;

2[(45) "territorial waters" with reference to the Suite, means any pan of the open sea within a distance of six nautical miles measured from the appropriate base line according to the President's Proclamation published in this behalf in the Government of India, Ministry of External Affairs, Notification No. SRO-669, dated the 22nd March 1956, or such other distance as may be fixed from time to lime by the President hereafter,]

(46)"toddy" means fermented or unfermented juice drawn from a coconut, barb, date or any kind of palm tree and includes sweet toddy or nira or neera;

(47)"to tap" means to prepare any part of a tree, or to use any means, the purpose of causing juice to exude from the tree;

3[(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;

(47B) "tourists permit" means a permit granted under section 46-A]

(48)"trade and import licence" means a licence granted under section 33;

(49)"transport" means to move from one place to another within the 4[State];

(50)"vendor's licence" means a licence granted under section 34;

(51)"visitor's permit" means a permit granted under section 46;

 

 

       5[(52) any reference to the "Code of Criminal Procedure, 1898, the  †Bombay Village Panchayats Act, 1933, or the Bombay Police Act, includes a reference 10 any law corresponding to those Acts, respectively, in force in any part of the State.)

 

 

2.                    This clause was substituted for the original by Bom. 12 of l959 s. 6(e).

3.         Clauses (47A)and (47B) were inserted by Bom. 20 of 1955. s. 2.

4.         Substituted for the words "Pre-Reorganisation State of Bombay excluding the transferred territories" by Bom. 12 of 1959, s. 3.

5.         This clause was added by Bom. 12 of 1959. s. 6(j).

†    Sec now the Bombay Village Panchayat Act, 1958 (Bom. 3 of 1959).

*    Sec now the Code of Criminal Procedure, 1973 (2 of 1974).