CHAPTER III

CHAPTER III

PROHIBITIONS

Manufacture, etc., of intoxicant to be permitted in accordance with provisions of Act, rules, etc.

Power of Gram Sabha to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant.

11. Notwithstanding anything contained in the following provisions of this Chapter, It shall be lawful to import, export, transport, manufacture, ¹[bottle] sell, buy, possess, use or consume any intoxicant or hemp 2[or to cultivate or collect hemp] or tap any toddy producing tree or permit such tree to be tapped or to draw toddy from such tree or permit toddy to be drawn therefrom in the manner and to the extent provided by the provisions
of this Act ³[or] any rules, regulations or orders made or in accordance with the terms and conditions of a licence, permit, pass or authorization granted thereunder.

11.A Notwithstanding anything contained in section 11 or any other provisions of this Act, in respect of any Scheduled Area falling within the jurisdiction of a Gram Sabha and a panchayat or a panchayat samiti or a Zilla parishad, as the case may be, it shall be competent for such gram sabha or a panchayat and or the panchayat samiti or the zilla parishad to enforce prohibition or to regulate or restrict the sale and consumption of intoxicant in scheduled Areas within its jurisdiction :

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

Explanation :- For the purpose of this section

i) the expression “GramSabha”,”Panchayat” and Scheduled Areas” shall have the meanings respectively assigned to them in the Bombay Village Panchayats Act, 1958 (Bom III of 1959)

ii) the expression “panchayat Samitis “ and “ Zilla Parishads” shall have the meanings respectively. assingned to them in the Maharashra Zilla Parishade and Panchayat Samitis Act, 1961 (Mah. V of 1962)

1. Section 11A was inserted by Mah.Act 46 of 1997. s 13 (w.e.f.29.12.1997)

Prohibition of manufacture of liquor and construction and working of distillery or brewery

12. NO person Shall-

(a)manufacture liquor

(b)construct or work any distillery or brewery;

(d) Cell or buy liquor

Prohibition of sale, etc. of liquor

13 . NO person shall-

(a) bottle any liquor for sale;

(b) consume or use liquor, or

(c) (c) use, keep or have in his possession any materials, still, utensils, implements or apparatus whatsoever for the manufacture of any liquor.

Prohibition of export, import, transport, sale, manufacture etc. of intoxicating drugs

14. NO person Shall-

(a) export, import, transport or possess any intoxicating drug ;

(b) cultivate or collect the hemp ⁴* * *

(c) use keep or have in his possession any materials, still, utensils, implements or apparatus whatsoever for the manufacture of any intoxicating drug;

(d) sell or buy any intoxicating drug;

(e) consume or use any intoxicating drug; of

(f) manufacture any intoxicating drug.

Prohibition of Import, export, transport, Sale, etc of sweet toddy.

15. No person shall- :

(a) import, export, transport or possess sweet toddy or nira;

(b) bottle sweet toddy or nira for sale; or

1. This word was inserted by Bom. 22 of 1960, I. 7.

2. These words were inserted by Bom. 26 of 1952, s. 4 (1)

3. This word was inserted, ibid., s. 4 (2).

4. The words " or extract any portion of such plant from which any intoxicating can be manufactured were deleted by Bom. 22 of I960, S.

1. This word was inserted by Bom. 22 of 1960, I. 7.

2. These words were inserted by Bom. 26 of 1952, s. 4 (1)

3. This word was inserted, ibid., s. 4 (2).

4. The words " or extract any portion of such plant from which any intoxicating can be manufactured were deleted by Bom. 22 of I960, S.

Prohibition of tapping of toddy producing trees and drawing of toddy.

16. No person shall—

(a)tap any toddy producing tree or permit to be tapped any toddy producing tree belonging to him or in his possession; or

(b)draw toddy from any tree or permit toddy to be drawn from any tree belonging to him or in his possession.

Prohibition of possession, etc., of opium.

1 7 . No person shall—

(a) possess opium;

(b) transport opium;

(d) sell or buy opium; or

(e) consume or use opium.

Prohibition of sale to 2 (Minors)

18. No licensed vendor and no person in the employ of such licensed vendor or acting with the express or implied permission of such licensed vendor on his behalf shall sell or deliver any intoxicant ¹[to any person who is a minor] whether for consumption by such person or by other person and whether for consumption on or off the premises of such licensed vendor.

19. ³[Prohibition of sale of toddy.] Deleted by Bom. 22 of 1960, s. 10. 20.

Prohibition or production, etc, of charas

20. No person shall—

(a) produce, (I) transport,

(b) manufacture, (g) buy,

(d) export (i) consume, or

(e) import, (j) use,

charas.

Alteration of denatured spirit

21. No person shall-

(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

(b) (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.

1. These words were substituted for the words "to any person apparently under the age of twenty-one years", by Born. 22 or1960 s. 9 (a).

2. This word was substituted for the word "children", ibid., s. 9 (b)

3. Section 19 was deleted ibid., s. 10

Alteration of denatured spirituous preparation

⁴[21A. No person shall –

(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

(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.]

Prohibition of allowing any premises to be used as a common drinking house.

22. No person shall –

(a) open or keep or use any place as a common drinking house; or

(b) (b) have the care, management or control of, or in any manner assist common in conducting the business of, any place opened, or kept or used drinking house.

Prohibition of issuing prescriptions for intoxicating liquor except by registered medical practitioners

5[22.A.

(1) No person other than a registered medical practitioner, shall issue any prescription for any intoxicating liquor.

(2) No registered medical practitioner shall prescribe such intoxicating liquor, unless he believes in good faith alter careful medical examination of the person for whose use such prescription is sought, that the use of such intoxicating liquor by such person is necessary; and will afford relief to him from some known ailment.

(3) A registered medical practitioner shall state, in every prescription for intoxicating liquor issued by him, the name and address of the person to whom issued, the date of issue, directions for use, and the amount and frequency of the dose, and shall preserve a copy of the prescription for one year from the date of issue. On the copy so preserved he shall state the purpose or ailment for which the intoxicating liquor is prescribed.]

⁴[Prohibition of soliciting use of intoxicant or hemp or doing any act calculated to incite or encourage member of public to commit offence

23. No person shall-

(a) ¹* solicit the use of, ²[or] offer any intoxicant or hemp; or of soliciting use of 3* ***** Intoxicant or

(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.

1. The word "commend" was deleted by Bom. 26 of 1952. s. 5 (1).

2. 'This word was inserted, ibid,

3. Clause (b) was deleted, ibid., s. 5 (20.

4. Section 2IA was inserted by Bom. 36 of 1954, s. 4.

5. Section 22A was inserted by Bom. 22 of 1960, s. 1

1. The word "commend" was deleted by Bom. 26 of 1952. s. 5 (1).

2. 'This word was inserted, ibid,

3. Clause (b) was deleted, ibid., s. 5 (20.

4. Section 2IA was inserted by Bom. 36 of 1954, s. 4.

5. Section 22A was inserted by Bom. 22 of 1960, s. 1

Prohibition of publication of advertisement relating to Intoxicant, etc

Prohibition

of publication of advertisement

relating to

Intoxicant, etc

This Chapter not to apply to 2 (certain articles.]

1. Section 24A was inserted by Bom, 26 of 1952, s. 7.

2. The words were substituted for the words "certain toilet and medicinal preparations by Bom. 36 of I954,s.5(iii).

3. Clauses (3) and (d) were inserted by Bom. 36 of l954, s. 5(i)

4. These words were substituted for the words "such preparation", ibid., s. 5(ii).

5. This explanation was added by Bom. 22 of 1960, s. 12.

1. Section 24A was inserted by Bom, 26 of 1952, s. 7.

2. The words were substituted for the words "certain toilet and medicinal preparations by Bom. 36 of I954,s.5(iii).

3. Clauses (3) and (d) were inserted by Bom. 36 of l954, s. 5(i)

4. These words were substituted for the words "such preparation", ibid., s. 5(ii).

5. This explanation was added by Bom. 22 of 1960, s. 12.