CHAPTER XI

CHAPTER XI

Miscellaneous

General Power of ²[State] Government in respect of licenses, etc.

139. ³[(1) Notwithstanding anything contained in this Act or the rules made thereunder, the ²[State] Government may, by general or special order, -

(a) prohibit the gram of any kind of licences, permits, passes or authorizations throughout the ⁴[State] or in any area;

(b) regulate the import, export, transport, possession, sale, purchase, consumption or use of any intoxicant, hemp, mhowra flowers, molasses or any article which is likely to be used for the manufacture of an intoxicant with or without licence, permit, pass or authorization throughout the ⁴iSlatcl or within the limits of any local are subject to such conditions ⁵[as it may impose].

¹[(c) exempt any person or institution or any class of persons or institutions from all or any of the provisions of this Act or from all or any of the rules, regulations or orders made thereunder or from all or any of the conditions of any licence, permit, pass or authorization granted thereunder, subject to such conditions as it may impose;

(d) exempt any intoxicant or class of intoxicants, denatured spirituous preparation, hemp, mhowra flowers or molasses from all or any of the provisions of this Act or from all or any of the rules, regulations or orders made thereunder, subject to such conditions as it may impose;

(d1) remit or refund wholly or partially any fee in respect of any privilege, licence, permits, pass or authorization granted under this Act or any duly on toddy producing trees or any excise or countervailing duly or fee leviable under this Act on any intoxicant, hemp, mhowra flowers or molasses from any person or institution or from a class of persons or institutions or exempt any person or institution or class of persons or institutions from the payment of such duly or fee, subject to such conditions as it may impose;]

(e) prescribe the maximum number of licences, permits, passes or authorizations of any kind which may be granted in any area or to any class of persons;

1. Clauses (c), (d) and (d1) were substituted for the original clauses, (c) and (d) by Bom. 22 of 1960, s. 91 (1)(b).

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

3. Section 139 was renumbered as sub-section (1). ibid., s. 91 (1).

4. This word was substituted for the words "pre-Reorganisation State of Bombay,
excluding the transferred territories" by Bom. 12 of 1959, s. 3.

5. These words were substituted for the words "and for such periods as it deems fit" by Bom. 22 of 1960, s. 91 (1)(a).

(f) prescribe the number of places at which any intoxicant specified in such order ²[denatured spirituous preparation,] hemp, mhowra flowers or molasses may be sold in any area, the location of such places in any area, the days and hours during which such places may or may not be kept open, the number of such places in respect of which licences for sale may be granted and the number or such places which may be ³[managed by the State Government departmentally];

(g) direct that no licence, permit, pass or authorisation of the kind specified in such order shall be granted without the previous approval of the ⁴[State] Government or also direct any additions or alterations to be made to or in the conditions subject to which under any other provisions of this Act, such licence, permit, pass or authorization can be granted;

(h) prescribe the maximum quantity of any intoxicant ⁵ldcnaiurcd spirituous preparation], hemp, mhowra flowers or molasses which may be sold in any area or at any place;

⁶[(i) prescribe in respect of any place or area, the maximum number of toddy producing trees for lapping which or for drawing toddy from which licence or licences may be granted;)

⁷(j) prescribe the procedure for the disposal of any shop or shops authorised to sell any intoxicant, denatured spirituous preparation, hemp, mhowra flowers or molasses under this Act and the procedure to be followed before granting any licence or licences;)

(k) direct that before granting licences, auctions may be held, tenders called for or offers received and that licences shall be granted ¹[subject to such conditions as may be prescribed] to persons whose bids, tenders or offers are accepted by the Collector,

(l) specify the persons or class of persons ⁸[to whom licences may or may not be granted] and in eases in which auctions are held, the person or classes or persons who may or may not be permitted to offer bids at such auctions;

(m) direct that licences of the kind specified in such order shall be granted to persons specified in such order; and

(n) issue such other instructions in any matter pertaining to the grant or otherwise of license, permits, passes or authorizations under this Act, as the ⁴[State] Government may deem proper.

1. These words were inserted by Bom. 22 of 1960, s. 91 (1)(g).

2. These words were inserted, ibid., I. 91 (1) (c) (i).

3. These words were substituted for the wools "managed by the Excise Department ibid.,s.91 (l)(c)(ii)

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

5. These words were inserted by Bom. 22 of 1960, s. 91 (1) W).

6. Clause (1) was substituted for the original, ibid., s. 91 (1) (c).

7. This clause was substituted for (he original, ibid., s. 91 (1) (f)

8. These words were substituted far the words "to whom licences may not be granted" ibid., s. 91 (1) (h).

Power of ³[State] Government to prohibit, regulate or control Consumption or use of

intoxicants, etc., in public place.

⁴[(2) An order made under sub-section (1), shall, if it is of a general nature of affecting a class of persons, be notified in the Official Gazette.]

140. The ³[State] Government may, by general or special order, prohibit, regulate or control, subject to such conditions as may be specified in the order, the consumption or use of any intoxicant or hemp, in any public place.

Employment of additional police.

141. (1) If the ³[State] Government is satisfied that the inhabitants of any area are concerned in the commission or abetment of any of the offences punishable under sections ⁵[65, 66, 66A, 67, 67-1A, 67C, 68. 69 and 70] the ³[State] Government may, by notification in the Official Gazette, direct the employment of additional police ³[in the area] for such period as it thinks fit.

(2) The cost of such additional police shall, if the ³[State] Government so directs, be either in whole or in part defrayed by a lax imposed on the persons herein below mentioned, or by a sale assessed on the property of such persons, or both by a tax and by a rate so imposed and assessed, and charged -

(a) either generally on all persons who are inhabitants of the local area to which such notification applies; or

(b) specially on any particular section or sections or class or classes of such persons, and the ³[State] Government may direct the proportions in which such tax or rule shall be charged.

Explanation. - For the purposes of this section "inhabitants" shall include persons who themselves or by their agents or servants occupy or hold land or other immovable properly within such area, and landlords who themselves or by their agents or servants collect rents or revenue direct from rayats or occupiers in such area, notwithstanding that they do not actually reside therein.

(3) It shall be lawful for the ³[State] Government to extend, a for a term not exceeding in any case five years, the period for the payment of such tax or rate beyond the period for which such additional police are actually employed.

Bom. XXII of 1951.

²[(4) The provisions of sub-section (4) to (7) of section 50 of the Bombay Police Act, 1951, shall apply mutadis mutandis to the recovery of such tax or rate.

2. This sub-section was substituted for sub-section (4) and (5) by Bom, 64 of 1954, s. 3

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

4. This subsection was added by Bom. 22 of 1960, s. 91 (2).

5. These figures, letters and word were substituted for the figures and word "65 to 69" ibid., s, 92 (a).

6. These words were inserted, ibid., s. 92 (b).

Power of Collector to close places where intoxicant or hemp is sold in certain cases.

³[142. (1) If the Collector is of opinion that it is in THE interest of public peace to close any place in which any intoxicant or hemp is sold, it shall be lawful for the Collector by an order in writing to the person holding a licence for the sale of such intoxicant or hemp to require him to close such place at such time or for such period as may be specified in the order

(2) If a riot or unlawful assembly is imminent, or lakes place, it shall be lawful for any Executive Magistrate or Police Officer who is present to direct that such place shall be closed and kept closed for such period as he thinks fit, and in the absence of any Executive Magistrate or Police Officer the person referred to in sub-section (1) shall himself close such place.

(3) Any order given under this section shall be final.]

Power of ¹[State] Government to make rules

143.(1) The ¹[State] Government may make rules for the purpose of carrying out the provisions of this Act or any other law for the time being in force relating to excise revenues.

(2) In particular and without prejudice to the generality of the foregoing provisions, the ¹[State] Government may make rules, -

(a) regulating the delegation of any powers by the ⁴[Commissioner], by Collector or by any other Prohibition Officer;

(b) regulating the import, export, transport, ⁵[collection], sale, purchase, ⁶[bottling], consumption, use or possession of any intoxicant, ⁷[denatured spirituous preparation] or hemp, mhowra flowers or molasses;

(d) regulating the cultivation and collection of hemp;

(e) regulating the tapping of toddy-producing trees and drawing of toddy therefrom;

(f) regulating the gram, suspension or cancellation of licences, permits, passes or authorizations for the import, export, transport ⁹[collection, sale, purchase], possession, manufacture ²[bottling], consumption, use or cultivation of any of the above articles mentioned in ¹⁰[clause (b) and for the matters specified in clause (c)];

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

2. This word was inserted by Bom. 22 of 1960, s. 94 (1) (c).

3. This section was substituted for the original by Bom. 22 of 1960. s. 3, Sch.

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

5. This was inserted by Bom. 26 of 1952, s. 61(1).

6. This word was inserted by Bom. 22 of 1960, s. 94 (1) (a).

7. These words were inserted, ibid.

8. These words were added, ibid., s. 94 (i) (b).

9. These words were inserted by Rom. 26 of 1952, s. 51 (2) (a).

10. These words, bracket and letters were substituted for the words, brackets and letters clauses (b) and (c) by Bom. 26 of 1952, s. 51 (2) (b).

(g) regulating the periods and localities for which the licences may be granted for the wholesale or retail vend of any of the above articles mentioned in clause (b);

(h) providing for the consulting of public opinion and prescribing the procedure to be followed and the matters to be ascertained before any licence, permit, pass or authorization for the vend, consumption or use of any of the above articles mentioned in clause (b) is granted to any person or in any locality;

⁴[(h1) prescribing the restrictions under which and the conditions on which any licence, permit, pass or authorization may be granted including-

(i) the prohibition of the admixture with any intoxicant of any substance deemed to be noxious or objectionable;

(ii) the fixing of the strength, price or quantity in excess of or below which any intoxicant or mhowra flowers shall not be sold or supplied, and the quantity in excess of which denatured spirit, denatured spirituous preparation or molasses shall not be possessed or sold and the prescription of a standard or quality for any intoxicant denatured spirituous preparation, mhowra flowers or molasses;

(iii) the prohibition of sale of any intoxicant, denatured spirituous preparation or hemp except for cash;

(iv) the prescription of the days and hours during which any licensed premises may or may not be kept open and provisions for the closure of such premises on special occasions;

(v) the prescription of the nature of the premises on which any intoxicant may be sold and the notices to be exposed at such premises;

(vi) the prescription of the accounts to be maintained and the returns to be submitted by licence-holders or permit-holders;

(vii) the regulation or prohibition of the transfer of licences;

(viii) the writing of the names and addresses and the taking of signatures of purchasers in the register of sale of any intoxicant, hemp, mhowra flowers or molasses or any article the sale or purchases of which is regulated by clause (b) of sub-section (1) of section 139;

(h2) (i) declaring the processes by which spirits shall be denatured in particular areas, or for particular purposes;

(ii) for causing such spirits to be denatured through the agency or

under the supervision of the Government Officers and for the payment of charges for such supervision;

(iii) for ascertaining whether such spirits have been denatured.]

(i) prohibiting and regulation the employment by the licence-holder of any person or classes of persons to assist him in his business in any capacity whatsoever;

(j) prescribing the manner in which the juice from a coconut, brab, date or any kind of palm trees is to be treated for the purpose of preventing fermentation;

¹[(k) prescribing the persons or classes of persons to whom any intoxicant, denatured spirituous preparation, hemp, mhowra flowers or molasses may or may not be sold or who may or may not be allowed to sell, purchase or use any of these articles;]

(l) for the prevention of drunkenness, gambling or disorderly conduct in or near any licensed premises and the meeting and remaining of persons of bad character on such premises;

2[(i) prescribing the occasions on which special orders may be granted for the sale by retail of larger quantities or liquor or intoxicating drugs, or opium than those which are prescribed in any notification issued under this Act and the conditions on which such sales may be made;

(ii) prescribing the amount of security to be deposited by the holder of any licence, permit, pass or authorization for the performance of the conditions for the same;

(iii) providing for the maintenance by the holders of licences, permits, passes or authorizations of the registers of sales, purchases, possession, consumption or use and the particulars to be entered in the register;)

3[(m) regulating the grant of rewards or expenses to officers, informants, or persons giving information or assistance in the detection or investigation of offences under this Act, and of compensation to persons charged with offences punishable under this Act and aquited;]

(n) regulating the printing, publishing or otherwise displaying or distributing any advertisement or other matter ^4*soliciting the use of, or offering any intoxicant ⁵[or] hemp or calculated to encourage or incite any individual or class of individuals or the public generally to commit an offence under this Act or to commit a breach or evade the provisions of any or order made thereunder or the conditions of any licence, permit, pass or authorization issued thereunder;

1. This clause was substituted for the original by Bom. 22 of 1960, i. 94 (10 (c).

2. Clauses (11) (12), and (13) were inserted, ibid., s. 94 (1) (f).

3. This clause was substituted for the original, ibid., s. 94 (1) (g).

4. The word "commending" was deleted by Bom. 26 of 1952, s.51 (3)(a).

5. This word was inserted, ibid,, s, 51 (3) (b).

(o) regulating within the ¹[State] the circulation, distribution or sale of newspaper, news-sheet, book, leaflet, booklet, or other publication ²[printed and published outside the ¹[State] containing any advertisement or matter which 3* * * solicits the use of, or offers any in toxicant, or hemp ^{4*
* *}

⁵[(p) imposing restrictions and conditions on buyers of intoxicant, "denatured spirituous preparation, hemp, mhowra flowers or molasses or any article the purchase of which is regulated by clause (b) of sub-section (1) of section 139 including provision for compelling them to sign entries pertaining 10 the purchase by them of any of these article;]

6* * * * * *

(r) regulating the taking of samples of molasses;

⁷[(r1) prescribing the constitution of Committees, Boards and Medical Boards or panels thereof and the procedure regarding their work;]

(s) prescribing the powers, functions and duties of Prohibition Officers, ⁸[boards, Committee] and ⁹[Medical Boards or panels thereof] and the fees and allowances payable to the members of the ⁸[boards. Committees] and ⁹[Medical Boards or panels thereof];

¹⁰[(t) prescribing the procedure regarding the work of the Board of Experts.

¹¹[(t1) prescribing conditions of through transport under section 29;]

(u) prescribing the fees ¹²[(including rent or consideration)] payable in respect of any privilege, licence, permit, pass or authorization granted or issued under this Act;

¹³[(uu) prescribing the other persons, other institutions or the circumstances under clause (b) of sub-section (3) of section 66;]

1. This word was substituted for the words "pre-Reorganization State of Bombay, excluding the transferred territories" by. Bom. 12 of. 1959, s. 3.

2. These words were substituted for the words "whether printed or published" by Bom. 26 of 1952. s. 51 (4) (a).

3. The words "is prescribed or which commends" were deleted, ibid., s. 51 (4) (b).

4. The words "to be forfeited to the State Government” were deleted, ibid., s.51 (4) (c).

5. This clause was substituted for the original by Bom. 22 of 1960, s. 94 (1)(h).

6. Clause (q) was deleted, ibid., s. 94 (1) (i).

7. This clause was inserted, ibid., s. 94 (1) (j).

8. These winds were substituted for the words "Committees", ibid., s. 5194 (1)(k).

9. These words was substituted for the words "Medical Boards' ibid.

10. Clauses (t) to (v) were substituted for the original clause (t), by Bom. 26 of 1952, s. 51 (5).

11. This clause was inserted by Bom. 22 of 1960. s. 94(1) (l).

12. These words were inserted by Mah. 70 of 1981, s. 3.

13. This clause was inserted by Bom. 12 of 1959, s. 17 (a).

(v) prescribing the period within which and the form in which a declaration under section 107A shall be submitted and the account shall be maintained];

¹¹[(w) prescribing the manner of collecting and forwarding blood and prescribing the form of certificates, and the other particulars required to be stated therein under sub-section (2) of section 129A].

(3) The power to make rules under this section shall be subject to the condition of previous publication :

Provided that any such rules may be made without previous publication if the ¹[State] Government considers that they should be brought into force at once.

²[(4) All rules made under this Act shall be laid for not less than thirty days before each House of the State Legislature as soon as may be after they are made, and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.)

3[Commi-ssioner’s] Powers to make regulations

144. (1) The ³[Commissioner] may make regulations not inconsistent with the provisions of this Act, or rules,-

(a) regulating, as the case may be, the ⁴* supply or storage of any intoxicant ⁵[denatured spirituous preparation] or hemp, mhowra flowers or molasses including-

(i) the erection, inspection, supervision, management and control of any place for the manufacture, supply or storage of such article, and the fittings, implements and apparatus to be maintained therein;

6* * * * * *(b) regulating the deposit of any intoxicant, hemp, ⁷* mhowra flowers or molasses in a warehouse and the removal of such articles from any such warehouse or from any distillery or brewery;

8* * * * * *

(e)prescribing the scale of fees ⁹[(including rent or consideration] or the manner of fixing the fees payable in respect ⁱⁿ* * * * * of any storage of any intoxicant, hemp, ⁷*mhowra flowers or molasses;

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

2. This sub-section was inserted by Bom. 22 of 1960, s. 94 (2).

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

4. The word "manufacture" was deleted by Bom. 22 of 1960. s. 95( a) (i)

5. These words were inserted, ibid., *, 95 (a)(ii)

6. Sub-clauses (ii) to (v) were deleted, ibid., I. 95 (a) (iii).

7. The words word "opium", was deleted by Bom. 22 of 1960, s. 95 (b).

8. Clauses (c), (f), (g), (j), (k) and (l) were deleted, ibid., s. 95 (c).

9. These words were inserted by Mah. 70 of 1981, s. 4.

10. The words beginning with the words "of any privilege" and ending with the words "authorization or" were deleted by Bom. 26 of 1952, s. 52 (1).

11. This clause was added, Bom. 12 of 1959 s. 17(a)

(h) providing for the destruction or other disposal of any intoxicant declared to be unit for use;

(i) regulating the disposal of confiscated or forfeited articles;

4* * * * * *

(m) regarding any other mailer which the ¹(State] Government may, by notification in the Official Gazette, direct him to prescribe for the purposes of carrying out the provisions of this Act.

(2) The regulations made under this section shall be published in the Official Gazette.

XLV of 1860. Officers and persons acting under this Act to he public servants.

145. All officers and persons empowered to exercise any powers or to perform any functions under this Act shall be deemed 10 be public servants within the meaning of section 21 of the Indian Penal Code,

Bar of proceedings

146. No suit or proceeding shall lie against the ²[Government] or against any Prohibition, Police, or other officers or against any person empowered to exercise powers or to perform functions under this Act, for anything in good faith done or purporting to be done under this Act.

Limitation of prosecutions or suits against officers.

³[146A. (1) All prosecutions of any Prohibition, Police or other officers, or of any persons empowered to exercise powers or to perform Junctions against under this Act, and all actions which may be lawfully brought against the Government or any of the aforesaid officers or persons, in respect of anything done or alleged to have been done in pursuance of this Act, shall be instituted within four months from the date of the act complained of, and not afterwards; and any such action shall be dismissed-

(a) if the plaintiff docs not prove that, previously to bringing such action, he has presented all such appeals allowed by this Act, or by any other law for the time being in force, as within the aforesaid period of four months it was possible to present; or

(b) in the case of an action for damages, if tender of sufficient amends shall have been made before the action was brought, or if after the institution of the action a sufficient sum of money is paid into Court with costs, by or on behalf of the defendant.

1. This word was substituted for the word "Provincial" by the Adaptation of laws Order, 1950.

2. This word was substituted for the word "Crown", ibid.

3. Sections 146A and 146B were inserted by Bom. 22 of 1960, s. 96.

4. Clauses (c), (f), (g), (j). (k) and (i) were deleted, ibid., s. 95 (c).

V of 898.

(2) Subject to the provisions of section 197 of the Code of Criminal Procedure, 1898, ? no Court shall lake cognizance of an offence committed or alleged to have been committed by any Prohibition, Police or other officer or any person empowered to exercise powers or to perform functions under this Act, in regard to anything done under this Act, until the sanction of the Collector having jurisdiction has been obtained

Provisions of Act not to apply to Government

146B. 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.

Provisions of this Act not to apply to import or export across customs frontier.

147. For removal of doubts it is hereby declared that nothing in this Act shall be deemed to apply to any intoxicant or other article in respect of its import or export across the customs frontiers. ¹* * *

Repeal and amendments

148. (1) The enactments specified in Schedule I are hereby repealed to the extent specified in the fourth column thereof and those specified in Schedule II are hereby amended to the extent specified in the fourth column thereof.

(2) But nothing in this Act or any report or amendment made thereby shall affect or be deemed to affect-

(i) any right, title, obligation or liability already acquired, accrued or incurred before the commencement of this Act;

(ii) any legal proceeding or remedy in respect of any right, title, interest, obligation or liability or anything done or suffered before the commencement of this Act and any such proceeding shall be continued and disposed of, as if this Act was not passed;

Bom. V of 1878.

(iii) the levy of any duties under section 29A of the Bombay Abkari Act, 1878, and the recovery of any duties or fees leviable under any other provisions of the Acts hereby repealed, and all such duties or fees shall be levied or recovered, as the case may be, as if this Act was not passed.

(3) Any appointment, notification, notice, order, rule or form, made, or issued under any of the enactments repealed by this Act shall continue to be in force and deemed to have been made, granted or issued under the provisions of this Act, in so far as such appointment, notification, notice, order, rule, or form is not inconsistent with the provisions of this Act, unless and until it is superseded by any appointment, notification, notice, order, rule or form made or issued under this Act, notwithstanding the fact that the authority competent to make or issue such notification, notice, order, rule or form is different from that authorized in the enactments repealed and notwithstanding the fact that such notification, notice, order, rule or form was made or issued in a different form or name.

1. The words "as defined by the Dominion Government" were deleted by Bom. 26 of 1952, s. 53.

? For this now read Code of Criminal Procedure, 1973, (2 of 1974).

(4) Any licence, permit, pass, authorization or permission granted or issued under any of the enactments repealed by this Act shall continue to be in force and shall be deemed to have been granted or issued under the corresponding provisions of this Act.

Bom. XII of 1959. Further repeats and saving consequent on commencement of Bom. XXV of 1949 in other areas of State.

¹[149. ^2*On the commencement of this Act in any area of the State to which it is extended by the Bombay Prohibition (Extension and Amendment) repeals and Act, 1959, the Acts mentioned in Schedule III and in force in that area, shall, to the extent specified in the fourth column thereof, stand repealed ;

Provided that such repeal shall not affect-

(a) the previous operation of any Act so repealed or anything duly done or suffered thereunder, or

(b) any right, privilege, obligation or liability acquired, accrued of incurred under any Acts so repealed, or

(e) any penalty, forfeiture or punishment incurred in respect of any offence committed against any Acts so repealed.

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if those Acts had not been repealed :

Provided further that,-

(a) any licence, permit, pass, authorisation or permission granted or issued under any of the Acts so repealed shall continue to be in force and shall be deemed to have been granted or issued under the corresponding provisions of this Act; and -

(b) notwithstanding the repeal of any of the Act aforesaid, for all purposes in connection with the liability for, and the levy assessment and collection or refund of, any tax, duty or fee (including any penalty) leviable,-

C.P. and Berar II of 1915. Bom. XXV of 1949.

(i) under any provisions of section 27A.of the Central Provinces and Berar Excise Act, 1915, or

(ii) under section 112A of the Bombay Prohibition Act, 1949 as in force in the Saurashtra area, or

(iii) before the commencement of this Act in any area under any provisions of any of the Acts repealed by this section.

the relevant Acts repealed (including all rules, regulations, notifications, and orders made or issued thereunder) shall nevertheless continue in force for all such purposes; and all such taxes, duties and fees shall be levied, assessed, collected, refunded and penalty imposed and paid, as the case may be, as if those relevant Acts had not been repealed.]

1. This section was inserted by Bom. 12 of 1959, s. 18.

2. The brackets and figure “(l)" were deleted by Bom. 22 of 1960, s.97.

GENERAL POWERS

{155} G.N., R.D., NO. 10484/45(S), DATED 16^TH JUNE 1949

(B.G., PT IV-B, P. 1303)

Amended by G.N., R.D.No. 10484/45, dated 13^th October 1949.

Amended by G.N., R.D.No. 10484/45, dated 24^th November 1949.

Amended by G.N., R.D.No. 10484/45, dated 24^th January 1950.

Amended by G.N., R.D.No. 10484/45, dated 24^th February 1950.

Amended by G.N., R.D.No. 10484/45, dated 28^th February 1950.

Amended by G.N., R.D.No. 10484/45, dated 7^th July 1950.

Amended by G.N., R.D.No. 8081/40(f), dated 11^th August 1950.

Amended by G.N., R.D.No. 10484/45, dated 21^st September 1950.

Amended by G.N., R.D.No. 10484/45, dated 24^th January 1951.

Amended by G.N., R.D.No. 99/8749(c), dated 28^th June 1951.

Amended by G.N., R.D.No. 2280/51, dated 4^th December 1951.

Amended by G.N., R.D.No. 10484/45, dated 18^th March 1953.

Amended by G.N., R.D.No. FLR1156/51338(b), dated 17^th May 1957.

Amended by G.N., R.D.No. PRT.1357/132748, dated 16^th October 1957.

Amended by G.N., R.D.No. DDR.1048/15934 (a)-J, dated 24^th April 1959.

Amended by G.N., H.D.No. FLR.1371/A82.III, dated 11^th April 1972.

Amended by G.N., H.D.No. DNS.0872/64-III, dated 7^th March 1974.

Amended by G.N., H.D.No. DNS.0872/64-XXVIII, dated 11^th September 1975.

Amended by G.N., H.D.No. FLR.10175/I-XXXV, dated 10^th October 1975.

Amended by G.N., H.D.No. 1088/1794/PRO-3 dated 16^th January 1991.

In exercise of the powers conferred by section 6 of the Bombay Prohibition Act, 1949 (Bom.XXV of 1949) (hereinafter referred to as the said Act), and of all other powers enabling it in this behalf and in supersession of all previous notifications issued in this behalf under the Bombay Abkari Act, 1978, the Opium Act, 1978 and the Bombay Molasses Act, 1947, the Government of Bombay is pleased to invest the officers mentioned in column 1 of Schedule A hereto appended with the powers under the said Act, specified against them in column 3 of the said Schedule A, within the area specified in column 2 of the said Schedule A. powers under the said Act, specified against them in column 3 of the said Schedule A, within the area specified in column 2 of the said Schedule A.

Schedule A

	Designation of Officer	Area within which powers may be exercised	Powers which may be Exercised
	1	2	3
I	Excise Department
1.	Commissioner of Excise and Prohibition	The State of Bombay.	(i) Power under section 28 to grant passes; (ii) Powers under sections 52, 60(l), <121(l) and 123.
2.	Officers of and above the rank of Prohibition and Excise Sub-Inspectors having Jurisdiction at airports or at the Mole Station, Bombay	Air-posts or Mole Station, Bombay, as the case may be.	Power under section 52 to grant tourists permits.
¹[2A	Prohibitions and Excise Sub-Inspectors appointed for excise supervision at a licensed hotel under the Bombay Foreign Liquor Rule 1953.	Limits of their respective jurisdiction.	Power under section 46-A to grant tourists permits]
3.	Superintendents of Excise	The limits of their respective jurisdictions.	(i) Powers under section 28 to grant passes for ²[the transport and export of liquor and the transport of] intoxicating drug or hemp 3 * *
			4/i-a) Power under section 28 to grant passes for the export of denatured spirit ⁵[rectified spirit and absolute alcohol] to other States where prior approval of the Commissioner has been obtained for the release of such spirit; and]
			(ii) Powers under sections 30, 61(3), 77(a), 120, 121(l), 122, 123(l), 124 (l) 125, 126, 127, 128 and 129 (l)* *

1. Ins. By GN of 16.10.1957	2. subs by GN of 11.9.1975
3. Deleted by GN of 11.4.1972	4. Ins abid.
5. Ins by GN of 4.3.1974

Designation of Officer

Area within which

powers may be exercised

Powers which may be

Exercised

Excise Department – contd.

Superintendent, Nashik Distillery.

The State of Bombay

Powers under section 28 –

(i) to grant passes for the transport of country spirit or foreign liquor issued form the Nashik Distillery; and

(ii) To grant passes for the export of foreign liquor issued from the Nashik Distillery.

(iii) Powers under section 61(3) to grant permits for the transport of molasses from the Nashik Distillery to the premises of a licensee holding a licence in Form M II.

Chief Accounts Officer.

Greater Bombay

Power under section 28 to grant passes for the transport of liquor, intoxicating drug or hemp.

Inspectors of Warehouses.

The limits of their respective jurisdictions.

(i) Power under section 28 to grant passes for the transport of liquor, intoxicating drug or hemp; and

(ii) Powers under sections 77(a), 120, 121(l), 122, 123, 125, 126, 127, 128(2) and 129 (1)

Chief Inspector of excise

Excise Inspector, Drug, Permit Office, Bombay

Greater Bombay

(i) Power under section 28 to grant passes for the transport of liquor intoxicating drug or hemp; and

(ii) Power under section 31

* *

All Excise Inspectors and Assistant Inspectors.

The limits of their respective jurisdictions.

(i) Power under section 28 to grant passes for the transport of liquor intoxicating drug hemp.

(ii) Power under section 61(3), 77(a), 120, 121(l), 122, 123, 125, 126, 127, 128(2) and 129(1)

²[9A

All Inspectors of Prohibition and Excise in charge of distilleries.

Powers under section 28 to grant passes for the export of denatured spirit to other States where prior approval of the Commissioner has been obtained for the release of such spirit

10.

All Excise Sub-Inspectors.

(i) Powers under section 28 to grant passes for the transport of liquor, intoxicating drug or hemp; and

(ii) Powers under sections 77(a), 120, 121(l), 122, 123, 125, 126, 127 ³[128(2) and 129(1)

Not printed as it pertains to Gujarat State

2. Ins. By G.N. of 11-4-1972.

Subs by G.N. of 16.1.1991

Designation of Officer

Area within which

powers may be exercised

Powers which may be

Exercised

Excise Department – contd.

11.

Officers in charge of liquor warehouses or distilleries.

The limits of the areas in which liquor is supplied from the warehouses or distilleries

(i) Powers under section 28 to grant passes for the transport of country spirit; and

(ii) Powers under section 61(3) to grant passes for the transport of molasses from sugar factories to which distilleries are attached.

¹[11A

Mangers or clerks in charge of Government Depots.

Limits of their respective jurisdiction

Power under section 28 to grant passes for the transport of foreign liquor sold from Government Depots.

²[11B

Inspectors of Prohibition and Excise in charge of breweries manufacturing beer.

The limits of their respective jurisdiction

Power under section 28 to grant passes for the transport and export of foreign liquor]

12.

All petty officers of the rank of Jamadar, Havaldar and Naik.

The limits of their respective jurisdiction

Power under sections 120, 121(l), 122, 125, 126 and 128(2)

13.

All Excise Constables.

Powers under section 125.

Revenue Department –

14.

All Collectors

The limits of their respective jurisdictions.

(i) Power under section 28 to grant passes;

(ii) Powers under section 30, 31, 32, 33, 34, 35, 36, 37, 38, 40(i), 45(l), 46(l), 48 and 52.

(iii) [Deleted]

(iv) Powers under sections 54(l), 77(a), 121(l) and 123.

(v) Powers under sections 61(2) and (3) to grant licences and permits.

15.

All Assistant and deputy Collectors

(i) Powers under sections 28 to grant passes for the transport of liquor, intoxicating drug or hemp;

(ii) Powers under sections 77(a), 20, 121(l), 122, 123, 125, 126, 127 and 128.

16.

All Mamladaras and Mahalkaris.

(i) Powers under section 28 to grant passes for the transport of liquor, intoxicating drug or hemp,

(ii) Powers under sections 77(a), 121, 121(l), 122, 123, 125, 126, 127 and 128.

17.

All Magistrates

Powers under sections 77(a), 120, 121(l), 122, 123, 125, 126, 127 and 128.

18.

Revenue Officers not lower in rank than an Aval karkun

(i) Powers under sections 28 to grant passes for the transport of liquor, intoxicating drug or hemp.

(ii) Power under section 125.

Ins. By G.N. of 17-5-1975

Ins. By G.N. of 10-10-1975

Designation of Officer

Area within which

powers may be exercised

Powers which may be

Exercised

III

Police Department

19.

* * *

20.

* * *

21.

* * *

22.

Officers of and above the rank of Sub-Inspectors of Police having jurisdiction at air-ports or at the Mole Station, Bombay

Air ports or Mole Station Bombay, as the case may be

Power under section 52 to grant Tourist’s permits.

23.

Police Patels

The limits of their respective jurisdictions

Powers under section 125.

Forest Department

24.

Divisional Forest Officer, West Nasik.

The limits of the Peint Taluka of the Nasik District

(i) Powers under section 28 to grant passes for the transport of liquor, intoxicating drug or hemp.

(ii) Powers under sections 77(l), 120, 121(l), 122, 123, 125, 126, 127, 128 and 129(l).

25.

Divisional Forest Officer, and Ex, Officio Assistant Collector of Akrani.

The limits of the Akrani Mahal of the West Khandesh District.

Do Do

26.

Range Forest Officer, Akrani.

(i) Powers under section 28 to grant passes for the transport of liquor, intoxicating drug or hemp,

(ii) Powers under sections 77(a), 120, 121(l), 122, 123, 125, 126 and 128(2). 129(l).

27.

All Forest Officer in the Akrani Mahal above the Rank of Forest Guard.

Powers under sections 77(a), 120, 121(l), 122, 125, 126, and 128(2).

28.

Round Officers of the Forest Department in the Akrani Mahal.

The limits of their respective jurisdictions.

Powers under section 125.

29.

Range Forest Officers, Peint, Harsul and Barhe.

The limits of the Peint Taluka of the Nasik District.

(i) Powers under section 28 to grant passes for the transport of liquor, intoxicating drug or hemp.

(ii) Powers under sections 120, 121(l), 122, 123, 125, 126, 127, 128(2) and 129(l).

Customs Department

30.

Collector of Customs, Bombay ¹[and Additional Collector of Customs, Bombay].

The limits of Greater Bombay

(i) Powers under section 28 to grant passes for the transport of liquor, intoxicating drug or hemp.

(ii) Powers under sections 123 and 125.

31.

All Preventive Officers and Inspectors of the Customs Department in Greater Bombay.

The limits of their respective jurisdictions.

Powers under sections 120, 123, 125 and 126

32.

All Officers of the Customs Preventive Service in Bombay

Powers under section 123 and 125.

Superseded by G.N., H.D. dt. 11-8-50

Added by G.N. of 24-4-1959

	Designation of Officer	Area within which powers may be exercised	Powers which may be exercised
	1	2	3
VI	Central Excise Department
33.	All Assistant Collectors of Central Excise.	The limits of their respective jurisdictions.	Powers under sections 120, 123, 125, 126, 127, 128 and 129(l).
34.	Assistant Collectors of Central Excise, Goa Frontier, Anand, Thana, Ratnagiri and Karwar Divisions.	Do	(i) Powers under section 28 to grant passes for the transport of liquor, intoxicating drug or hemp. (ii) Powers under sections 120, 123, 125, 126, 127, 128 and 129(l).
35.	All Deputy superintendents and Inspectors in charge of Separate Custom Houses.	The limits of their respective jurisdictions.	(i) Powers under section 28 to grant passes for the transport of liquor, intoxicating drug or hemp. (ii) Powers under sections 120, 123, 125, 126, 127, 128(2) and 129(l).
36.	All Bunder Karkuns in charge of separate Custom Houses.	Do	(i) Powers under section 28 to grant passes for the transport of liquor, intoxicating drug or hemp. (ii) Powers under section 120, 123, 125, 126 and 128(2).
On the Goa Frontier
37. (a)	Superintendent, Central Excise, Castle Rock.	Do	(i) Powers under section 28 to grant passes for the transport of liquor, intoxicating drug or hemp. (ii) Powers under section 120, 123, 125, 126, 127, 128(2) and 129(l).
(b)	Deputy Superintendent and Inspectors of Central Excise at Castle Rock.	Do	(i) Powers under section 28 to grant passes for the transport of foreign liquor, intoxicant drug hemp. (ii) Powers under section 120, 123, 125, 126 and 128(2), 129(l)
(c)	The Clerks of Central Excise Department on train duty at Castle Rock Station.	Do	Powers under section 28 to grant passes for the transport of foreign liquor imported via customs out posts and land customs stations.
(d)	Deputy superintendents, Inspectors and Nakedras in charge of Land Customs Stations at Diggi, Poy, Anmod, Talewadi, Charla and Majali.	Do	(i) Powers under section 28 to grant passes for the transport of liquor intoxicating drug or hemp. (ii) Powers under sections 120, 123, 125, 126, 127, 128(2) and 129(l)
On the Daman Frontier
38. (a)	Deputy Superintendent or Inspector of Central Excise in charge of the Challa Customs House, Vapi.	Do	(i) Powers under section 28 to grant passes for the transport of liquor, intoxicating drug or hemp. (ii) Powers under sections 120, 123, 125, 126, 127, 128(2) and 129(l).

(b)	The Nakedars of Kumta, Kalai, Patharpunja, Kolak and Bagwada.	Do		(i) Powers under section 28 to grant passes for the transport of liquor, intoxicating drug or hemp. (ii) Powers under section 120, 125, 126 and 128(2).
On the Pakistan Frontier
39. (a)	Superintendent of Suigam and Inspectors at Santalpur, Gokhantar, Jhajham, Suigam, Asara and Mavsari.	Do		(i) Powers under section 28 to grant passes for the transport of liquor, intoxicating drug or hemp. (ii) Powers under sections 123, 125, 126, 127, 128(2) and 129(l).
(b)	Nakedars at Gokhantar, Jhanjham and Suigam	Do		(i) Powers under section 28 to grant passes for the transport of liquor, intoxicating drug or hemp. (ii) Powers under section 120, 125, 126 and 128(2).
40.	All Superintendents, Deputy Superintendents Inspectors and Coast Guards Inspectors.	The limits of their respective jurisdiction		Power under sections 120, 123, 125, 126, 127, 128(2) and 129(1)
41.	All Bunder Karkuns, Sajedars, Nakedars, Jamadars, Havildars and Defedras.	Do		Power under sections 120, 125, 126 and 128(2).
42.	All Sowars, Peons, Syranges, Tindels and Lascars.	Do		Powers under section 125.
43.	Inspector at Sugar Factories.	The limits of the Sugar Factory		(i) Powers under section 61(3) to grant passes for the transport of molasses from sugar factories. (ii) Powers under section 120, 123, 125, 126 and 128(2).
44.	Jamadars at Sugar Factories.	Do		Power under section 120, 123, 125, 126 and 128(2).
45.	Deputy Superintendent and Inspectors at the Ahmedabad Customs Aerodrome.	The limits of their respective jurisdictions		(i) Powers under section 28 to grant passes for the transport of liquor, intoxicating drug or hemp. (ii) Powers under section 120, 123, 125, 126, 127, 128(2) and 129(1)
VII	Home Guards Department –
46.	The Commandant General, Home Guards.	The State of Bombay		Powers under sections 77(a), 120, 121(l), 122, 123, 125 and 126
47.	The Commissioner of Prohibition, Home Guards.	Do		Do
48.	All District Commandants of Home Guards, and Commandant, Home Guards, Greater Bombay.	The limits of their respective jurisdictions.		Powers under sections 120, 121(l), 123, 125 and 126.
49.	All Staff Officers, Prohibition.	Do		Do
50.	All Taluka Commandants of Home Guards.	Do		Powers under sections 123, 125 and 126.
51.	The Administrative Officer (Prohibition) and All Officers Commanding, Section and Sub Sections in Greater Bombay.		Do	Do
52.	All other members of the Home Guards.		Do	Powers under section 125
VIII Narcotics Department, Government of India
53.	Inspecting Officer and Intelligence Officers, Narcotics Intelligence Bureau, Simla.		State of Bombay	Power under section 123 and 125.

SCHEDULE B

[Deleted]

{156} G.N., R.D., No. 10484/45(b), dated 30^th March 1950

(B.G., Pt. IV – B.p. 548)

Amended by G.N., R.D. No. 8081/45(b), dated 11^th August 1950.

Amended by G.N., R.D. No. 10484/45(b), dated 21^st September 1950.

Amended by G.N., R.D. No. 10434/45(a), dated 20^th January 1951.

Amended by G.N., R.D. No. 2280/51, dated 4^th December 1951.

Amended by G.N., R.D. No. FLR. 1154(b), dated 18^th August 1954.

Amended by G.N., R.D. No. FLR. 1156/51338(c), dated 17^th May 1957.

Amended by G.N., R.D. No. PRT. 1357/132748, dated 16^th October 1957.

Amended by G.N., R.D. No. DDR. 10581/15934(b)-J, dated 24^th April 1959.

Amended by G.N., H.D. No. ELR. 371/A-s2-111, dated 11^th April 1972.

Amended by G.N., H.D. No. DNS. 0872/64-111, dated 7^th March 1974 (M.G.)

Amended by G.N., H.D. No. DNS. 0872/64-XXVIII, dated 11^th September 1975.

Amended by G.N., H.D. No. FLR. 017511/XXV, dated 10^th October 1975.

In exercise of the powers conferred by sections 28, 30, 3, 32, 33, 34, 35, 36, 37, 38, 40(I), 45(1), 46(1), ¹[46(A)],48, 52, 54(I), 60(I), 61(2), 61(3), 100, 101 and 123 of the Bombay Prohibition Act, 1949 Bom. XXV) of 1949) and all other powers enabling it in this behalf, the Government of Bombay is pleased to authorize the Officers specified in column 1 of the Schedule hereto annexed to exercise the powers, discharge the duties and perform the functions mentioned in the section or sections specified against them in column 3 of the said schedule within the areas specified in column 2 of the said Schedule.

Schedule

	Designation of Officer	Area	Sections
	1	2	3
I Prohibition and Excise Department
1.	Commissioner of Excise and Prohibition	State of Bombay.	..28, 60(l) and 122.
2.	Officers of and above the rank of Prohibition and Excise Sub-Inspectors having Jurisdiction at airports or at the Mole Station, Bombay	Air-ports or Mole Station, Bombay, as the case may be.	Power under section 52 to grant Tourists’ permits.
1.	Added by G.O. of 29-7-1957.

Schedule – Contd.

	Designation of Officer	Area	Sections
	1	2	3
¹[2A	Prohibitions and Excise Sub-Inspectors appointed for excise supervision at a licensed hotel under the Bombay Foreign Liquor Rule 1953.	Limits of their respective jurisdiction.	Power under section 46-A to grant tourists’ permits]
3.	All Superintendents of Excise	Limits of their respective jurisdictions.	(i) 28, so far as it relates to the power to grant passes for ²[the transport and export for liquor and the transport of] intoxicating drug or hemp. ³[(i-A) 28, so far as it relates to the power to grant passes for the export do denatured spirit [rectified spirit and absolute alcohol] to other States where prior approval of the Commissioner has been obtained for the release of such spirit.] (ii) 30, 123. (iii) [Deleted].
4.	Superintendent Nasik Distillery.	State of Bombay	28, so far as it relates to the power to grant passes (i) for the transport of country liquor or foreign liquor issued from the Nasik Distillery and (ii) for the export of foreign liquor issued from the Nasik Distillery.
5.	Chief Accounts Officer of Excise.	Greater Bombay.	28, so far as it relates to the power to grant passes for the transport of liquor intoxicating drug or hemp.
6.	All Inspectors Warehouses	Limits of their respective jurisdictions.	(i) 28, so far as it relates to the power to grant passes for the transport of liquor, intoxicating drug or hemp. (ii) 123.
4[6A	All Inspectors of Prohibition and Excise in charge of distilleries.	Do	28, so far as it relates to the power to grant passes for the export of denatured spirit to other States where prior approval of the Commissioner has been obtained for the release of such spirit.]
7.	All Chief Excise Inspectors.	Do	Do Do
8.	Excise Inspector, Drugs Permit Office, Bombay	Greater Bombay.	(i) 28, so far as it relates to the power to grant passes for the transport of liquor, intoxicating drug or hemp. (ii) [Deleted].
9.	[Deleted].
1	Ins. by G.N. of 16-10-1957.	2. Subs by G.N. of 11-9-1975.
3	Ins. By G.N. of 11-4-1972.	4. Ins. By G.N. of 7-3-1974.
5	Ins. By G.N. of 4-3-1974

Schedule – Contd.

	Designation of Officer	Area	Sections
	1	2	3
10.	All Excise Inspectors and Assistant Inspectors.	Limits of their respective jurisdiction.	(i) 28, so far as it relates to the power to grant passes for the transport of liquor, intoxicating drug or hemp. (ii) 123.
11.	All Excise Sub-Inspectors	Do	Do do.
12.	(i) All Officers in-charge of Liquor Warehouses or Distilleries.	Limits of the areas in which liquor is supplied from their respective warehouses or distilleries.	(i) 128, so far as it relates to the power to grant passes for the transport of country liquor. (ii) 61(3) so far as it relates to the power to grant permits for the transport of molasses from Sugar Factories to which distilleries are attached.
1[(ii)	Managers or clerks in charge of Government Depots.	Limits of their respective jurisdiction.	28, so far as it relates to the power to grant passes for the transport of foreign liquor sold from the Government Depots.]
2[12A	Inspectors of Prohibition and Excise in-charge of breweries manufacturing beer.	Limits of their respective jurisdiction.	28, in so far as it relates to the power to grant passes for transport and export of Foreign liquor].
II. Revenue Department
13.	All Collectors	Limits of their respective jurisdictions.	28, 30, 31, 32, 33, 34, 35, 36, 37, 38, 40(1), 45(1), 46(1), 48, 54(1), 61(2), 61(3) and 123.
14.	All Assistant and Deputy Collectors	Do	(i) 28, so far as it relates to the power to grant passes for the transport of liquor, intoxicating drug or hemp. (ii) 123,
15.	All Mamladars and Mahalkaris.	Limits of their respective jurisdictions.	(i) 28, so far as it relates to the power to grant passes for the transport of liquor, intoxicating drug or hemp. (ii) [Deleted]. (iii) 123.
16.	All Magistrates	Do	123.
17.	All Revenue Officers not lower in rank than an Aval Karkun		28, so far as it relates to the power to grant passes for the transport of liquor, intoxicating drug or hemp.
III. Police Department
18.	* * *
19.	* * *
20.	* * *
21.	Officers of and above the rank of Sub-Inspectors of Police having jurisdiction at airports or at the Mole Station, Bombay.	Airports or Mole Station, Bombay, as the case may be.	Power under section 52 to grant Tourist’s permits.
1	Subs. By G.N. of 17-5-1957.
2.	Ins. By G.N. of 10-10-1975.
3.	Superseded by G.N., H.D. dt. 11-8-1980

Schedule – Contd.

	Designation of Officer	Area	Sections
	1	2	3
IV. Forest Department
22.	Divisional Forest Officer, West, Nasik.	Limits of the Peint Taluka of the Nasik District.	(i) 28, so far as it relates to the power to grant passes for the transport of liquor, intoxicating drug or hemp. (ii) 123.
23.	Divisional Forest Officer and Ex-officio Assistant Collector of Akrani.	Limits of the Akrani Mahal of the West Khandesh District.	Do do
24.	Range Forest Officer, Akrani.	Do	Do do
25.	Range Forest Officers, Peint, Harul and Barhe.	Limits of the Peint Taluka of the Nasik District.	Do do
V. Customs Department
26.	Collector of Customs, Bombay ¹[and Additional Collector of Customs, Bombay]	Greater Bombay	(i) 28, so far as it relates to the power to grant passes for the transport of liquor, intoxicating drug or hemp. (ii) 123.
27.	All Preventive Officers and Inspectors of the Customs Department in Greater Bombay.	Limits of their respective jurisdiction.	123
28.	All Officers of the Customs Preventive Service in Bombay.	Do	123
VI. Central Excise Department
29.	All Assistant Collectors of Central Excise.	Limits of their respective jurisdiction	123
30.	Assistant Collectors of Central Excise, Goa Frontier, Anand Thana, Ratnagiri and Karwar divisions.	Do	(i) 28, so far as it relates to the power to grant passes for the transport of liquor, intoxicating drug or hemp. (ii) 123.
31.	All Deputy Superintendents and Inspectors in charge of Separate Customs Houses.	Do	Do do.
32.	All Bunder Karkuns in charge of separate Customs Houses.	Do	Do do.
On the Goa Frontier

33.	(a) Superintendent, Central Excise, Castle Rock.	Do	Do do
	(b) Deputy Superintendent an Inspectors of Central Excise at Castle Rock.	Do	Do do
	(c) Clerks of Central Excise Department on train duty at Castle Tock Station.	Do	28, so far as it relates to power to grant passes for the transport of foreign liquor imported via Customs Outposts and Land Customs Stations.

1	Added by G.N. of 24-4-1959.

Schedule – Contd.

	Designation of Officer	Area	Sections
	1	2	3
	(d) Deputy Superintendents Inspectors and Nakedars in-charge of Land Customs Stations at diggi, Poy, Anmod, Talewadi, Charla and Majali.	Do	(i) 28, so far as it relates to the power to grant passes for the transport of liquor, intoxicating drug or hemp. (ii) 123.
On the Daman Frontier
34.	(a) Deputy Superintendent, or Inspector of Central Excise, in-charge of the Chalka Customs House, Vapi.	Do	Do do
	(b) Nakedars of Kumta, Kalai, Patharpunja, Kolak and Bagwada.	Do	28, so far as it relates to the power to grant passes for the transport of liquor, intoxicating drug or hemp.
On the Pakistan Frontier.
35.	(a) Superintendent of Suigam and Inspectors at Santalpur, Gokhantar, Jhaijham, Suigam, Asara and Mavsari.	Do	(i) 28, so far as it relates to the power to grant passes for the transport of liquor, intoxicating drug or hemp. (ii) 123.
	(b) Nakedars at Gokhantar, Jhajham and Suigam.	Do	(i) 28, so far as it relates to the power to grant passes for the transport of liquor, intoxicating drug or hemp.
36.	All Superintendents, Deputy Superintendents, Inspectors and Coast Guard Inspectors.	Do	123
37.	All Inspectors at Sugar Factories.	Limits of the Sugar Factory.	(i) 61(3), so far as it relates to the power to grant permits for the transport of molasses from Sugar Factories. (ii) 123.
38.	Deputy Superintendent and Inspectors at the Ahmedabad Customs Aerodraome.	Limits of their respective jurisdictions.	(i) 28, so far as it relates to the power to grant passes for the transport of liquor, intoxicating drug or hemp. (ii) 123.
VII. Home Guards Department
39.	The Commandant General Home Guards.	Sate of Bombay	123
40.	The Director of Prohibition, Home Guards.	Do	123
41.	All District Commandants of Home Guards and Commandant, Home Guards, Greater Bombay.	Limits of their respective jurisdictions.	123
42.	All Staff Officers, Prohibition.	Do	123
43.	All Taluka Commandants of Home Guards.	Do	123
44.	The Administrative Officer (Prohibition) and all Officers Commanding, sectors and Sub sectors in Greater Bombay.	Do	123

{157} G.N., R.D. No. 10484/45, DATED 25^TH AUGUST 1950

(B.G., Pt. IV-B, P. 1752)

Amended by G.N.R.D. No. 9935/49, dated 4^th October 1951.

Amended by G.N.R.D. No. RTS 1660/35607 (a)-III, dated 11^th July 1961. (M.G., Pt. IV-B, p.588)

Amended by G.N., H.D., BPA 1059/55336-III, 30^th November 1961. (M.G., Pt. IV-B, p.1162)

Amended by G.N., H.D. No. EST 2168/60216-III, dated 5^th December 1970 (M.G., Pt. IV-B, p. 335)

Amended by G.N., H.D. No. EST 2168/60216-III, dated 17^th February 1972 (M.G., Pt. IV-B, p. 335)

Amended by G.N., H.D. No. BPA 1082/32/PRO-1 dated 3^rd September 1985 (M.G., Pt. IV-B, p. 2060)

No.BPA. 1095/93/EXC-3. dated the 3^rd March 1999.

In exercise of the powers conferred by section 10 of the Bombay Prohibition Act, 1949 (Bom. XXV of 1949), and in supersession of Government Notification, Revenue Department, No. 10484/45(a), dated the 16^th June 1949, as amended by Government Notification, Revenue Department, No. 2843/49, dated the 4^th April 1950, the Government of Bombay is hereby pleased to delegate to the officers specified in column 1 of Schedule hereto annexed the powers exercisable by it under the provisions of the said Act specified against them in column 3 of the said Schedule in respect of the areas specified in column 2 hereof.

SCHEDULE

	Designation of Officer	Areas	Provisions of the Act
	1	2	3
(1)	Commissioner of Prohibition and Excise	The State of Bombay	(i) Sections 41, 44(1) and 47(1) 1[(ii) section 104, in so far as it relates to the powers to sanction the acceptance of a sum of money in lieu of cancellation or suspension of a licence, permit, pass or authorization 2[or by way of composition for the offence which may have been committed under sections 69, 70, 77, 82 or 108 from any person who is reasonably suspected of having committed such offence but who does not hold any licence, permit, pass or authorization on the date of such composition for offence], provided that the sum of money to be accepted in each case does not exceed 4[one lakh rupees.]

(2)	Collector of Bombay	Greater Bombay		(i) Sections 41, 44(1) and 47(l). (ii) 3[Sections 139(1) (d1), in so far as it relates to the powers to exempt any person or institution or class of persons or institutions from the payment of excise duty on rectified spirit and absolute alcohol, provided that the power is exercised subject to the provisions of the Bombay Rectified Spirit Rules, 1951.]
(3)	Collectors of other Districts	Districts within their respective jurisdiction.		(i) Section 41, 44(1) and 47(1). 3[(ii) section 139(1)(d1), in so far as it relates to the powers to exempt any person or institution or class of persons or institutions from the payment of excise duty on rectified spirit and absolute alcohol, provided that the power is exercised subject to the Provisions of the Bombay Rectified Spirit Rules, 1951]
1[4]	All Collectors	District within their respective jurisdiction.		Section 104, in so far as it relates to the power to sanction the acceptance of sum of money in lieu of cancellation or suspension of a licence, permit or authorization provided that the sum of money to be accepted in each case does not exceed Rupees 4(fifty) thousand].
(5)	5 * *	* *		* * *
1.	Subs by G.N. of 5-12-1970		2. Ins. By G.N. of 17-2-1972.
3.	Added by G.N. of 11-7-1961		4. Subs. By G.N. of 3-9-1985.
5.	Deleted by G.N. of 11-7-1961.

{158} G.N., H.D. No. SEP. 1354/39604, dated 17^thAugust 1952

(B.G., Pt. IV-B, p. 2678)

In exercise of the powers conferred by section 93 of the Bombay Prohibition Act, 1949 (Bom. XXV of 1949), the Government of Bombay in consultation with the High Court, is pleased to empower all salaried Presidency Magistrates with powers under the said section.

{159} G.N., R.D. No. 10484/45(a), dated 30^th March 1958

(B.G., Pt. IV-B, p. 548)

In pursuance of sub-section (1) of section 127 of the Bombay Prohibition Act, 1949 Bom. XXV of 1949), the Government of Bombay is pleased to direct that the rank of the Prohibition Officer for the purposes of sub-section (1) of the said section 127 shall be not below that of an Excise Sub-Inspector or a Mahalkari.

{160} G.N., H.D. No. BPA 0173/3-III, dated 30^th July 1974

(M.G., Pt. IV-B, p. 921)

In exercise of the powers conferred by sub-section (3) of section 4 of the Bombay Prohibition Act, 1949 (Bom. XXV of 1949), and of all other powers enabling it in that behalf the Government of Maharashtra hereby appoints Additional Collectors (being Additional Collectors dealing with the work of Prohibition and Excise Department) within their respective jurisdiction to exercise all the powers and to perform all the duties or functions as are assigned by or under the said Act, to a Collector.

NOTIFICATION

BOMBAY PROHIBITION ACT, 1949. dated the 28^th May 2002.

No.EST.3700/CR-04/EXC-3-In exercise of the powers conferred by section 6 of the Bombay Prohibition Act. 1949 (BOM.XXV of 1949) and of all other powers enabling it in this behalf the Government of Maharashtra hereby amends the Government Notification, Home Department No.EST.2369/49046/PRO-3 dated the 11^th August 1980, as follows, namely:-

In the Schedule to said Notification for Entry II, regarding “Prohibition and Excise Department” the following Entry shall be substituted, namely:-

SCHEDULE

	Designation of Officer	Area within which powers may be exercised	Powers which may be exercised
	1	2	3
II	Prohibition and Excise Department.
(1)	Superintendents of State Excise.	The limits of their respective jurisdiction	Powers under section 100 and 101, in cases where the estimated value of the things liable to the confiscated under the said sections is upto Rs. 25,000.
(2)	Divisional Deputy Commissioner of State Excise.	Do	Powers under section 100 and 101, in cases where the estimated value of the things liable to the confiscated under the said sections is more than Rs. 25,000 and upto Rs. 1, 00,000.
(3)	Commissioner of State Excise	All Districts in Maharashtra State	Powers under section 100 and 101, in cases where the estimated value of the things liable to the confiscated under the said sections is more than Rs. 1, 00,000.

By order and in the name of the Governor of Maharashtra.

S.D.LAKHE,

Deputy Secretary to Government.

¹[1951

..XXII..

The Bombay Police

Act, 1951

In section 57-

(a) in clause (b), in sub-clause (ii), the portion beginning with the words and figures "or under section 65 or 68 of that Act” and ending with the figures "1938" shall be deleted;

(b) in clause (c), for the words "aforesaid Prohibition Acts" the words and figures "Bombay Prohibition Act, 1949" shall be substituted.]

Bom. XXV of 1949

1. This entry was added by Bom. 22 of 1960, s. 98

¹[SCHEDULE III]

(See section 149)

Year (1)	No. (2)	Short Title (3)	Extent of Amendment (4)
1978 ..	I ..	The Opium Act, 1878, in its application to the State of Bombay.	The whole
1915 ..	II ..	The Central Provinces and Berar Excise Act, 1915.	All the provisions except section 27-A
1938 ..	VII ..	The Central Provinces and Berar Prohibition Act, 1938.	The whole
1316F ..	I ..	The Abkari Act	The whole
1333F ..	IV ..	The Hyderabad Intoxicating Drugs Act.	The whole
1949 ..	XXV ..	The Bombay Prohibition Act, 1949 as in force in the Saurashtra Area of the State of Bombay.	All the provisions except section 112
1949 ..	XXV ..	The Bombay Prohibition Act 1949, as in force in the Kutch Area of the Suite of Bombay.	The whole]

1. Schedule III was added by Bom. 12 of 1959, s. 19 (3).

84 Bombay Prohibition Act, 1949 [1949 : Bom. XXV

P A R T - I I

RULES, REGULATIONS, NOTIFICATIONS AND ORDERS

ISSUED UNDER THE BOMBAY PROHIBITION ACT, 1949.

CHAPTER 1

Date of application or The act

{1} G.N.,R.D. No. 10484/45 (v), dated 16^th June 1949.

(B.G., Pt. IV-B, p.1323)

In exercise of the powers conferred by sub-section (1) of section 92 of the Government of Indian Act, 1935. The Governor of Bombay’s hereby pleased to direct that the Bombay Prohibition Act, 1949 (Bom. XXV of 1949), shall apply to the partially excluded areas in the Province of Bombay.

{2} G.N.,R.D. No. 19484/45, dated 16^th June 1949.

(B.G., Pt. IV-B, p.1276)

In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Prohibition Act, 1949 (Bom. XXV of 1949), the Government of Bombay is pleased to specify the 16^th June 1949 as the date on which the said Act shall come into force.

{3} G.N.,R.D. No. BPA. 1059/40722 (c), dated 1^st April 1959.

(B.G., Pt. IV-B, p.551)

In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Prohibition Act, 1949 (Bom. XXV of 1949), the Government of Bombay hereby appoints the 1^st April 1959 as the date on which the said Act shall come into force in those areas (except the out stilled area of the Chanda District) of the State of Bombay to which the said Act is extended by the Bombay Prohibition (extension and Amendment) Act, 1959 (Bom. XII of 1959).

{4} G.N.,R.D. No. BPA. 1058/169383-J dated 30^th April 1960.

(B.G., Pt. IV-B, p.712)

In exercise of the powers conferred by sub-section (2) of section 1 of the Bombay Prohibition (Amendment.) Act, 1959 Bom. XXII of 1960), the Government of Bombay hereby appoints 30^th April 1960 to be the date on which the said Act shall come into force.

1949 : Bom. XXV] Bombay Prohibition Act, 1949 85

{5} G.N.,H.D, No. BPA. 1161/11487 (a) dated 28^th March 1961

(M.G.pt, IV-B, p.312)

In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Prohibition Act, 1949 (Bom. XXV of 1949), the Government of Maharashtra hereby appoints the 1^st day of April 1961 in be the date on which the said Act shall come into force in the outstill area of the Chanda District.

{6} G.N.,H.D.No. EST.0172/I/III dated 14^th January 1974

(M.G.pt. IV-B, p.215)

In exercise of the powers conferred by sub-section (2) of section 1 of the Maharashtra Director of Prohibition and Excise (Change in Designation) Act, 1973 (Mah. L.II of 1973), the Government of Maharashtra hereby appoints the 14^th day of January 1974 to be the date on which the said Act shall come into force.

{7} G.N.,H.D.No. BPA.0174-III dated 1^st February 1974

(M.G.pl. IV-B, p 208)

In exercise of the powers conferred by sub-section (2) of section 1 of the Bombay Prohibition (amendment) Act, 1972 Mah. XXXIII of 1972), the Government of Maharashtra hereby appoints the 11^th day of February 1974 to be the date on which the Act shall come into force.