BOMBAY PROHIBITION ACT 1949 BARE ACT PDF

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

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So far as section 12 c relates to the transport and possession of such preparations by a person not less than 21 years of age. Power of Collector to close place where intoxicant of hemp is sold in certain cases. On obtaining bombzy advice, the State Government shall determine whether any such article is fit for use as intoxicating liquor, and upon determination of the State Government that it is so fit, such article shall, until the contrary is proved, be presumed to be fit for use as intoxicating liquor.

Penalty for illegal cultivation and collection of hemp and other matters. Amended by Maharashtra 52 of Amended by Maharashtra 70 of Amended by Maharashtra 9 of Amended by Maharashtra 46 of Amended by Maharashtra 18 pfohibition Amended prohkbition Maharashtra 35 of Amended by Maharashtra 52 of Amended by Maharashtra 29 of Amended by Maharashtra 24 of w. Power of [State] Government to make rules. S prescribing the powers, functions and duties of Prohibition Officers.

Other Boards and Committees. Notwithstanding, anything contained in section 32 of the Code of Criminal Procedure, 2 V ofit shall be lawful for any Presidency Magistrate or any Magistrate of the First Class to pass any sentence authorised by this Act in excess of his powers under Section 32 of the said code’, provided that the fine shall not exceed three thousand rupees.

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

Amended by Bombay 36 of Control and regulation of transport sale, etc. Penalty for offence not otherwise provided for. All other liquors such as grape liquor, malt liquorale, beer, porter, cider, wines, spirits of wines rectified spirits, absolute alcohol, brandy, whisky, rum, cashew brandy, club cup, gin and ginger wine, which are certified by the Chemical Analyser to the Government of Maharashtra, as having the same properties as those possessed wct liquors of the corresponding descriptions imported from foreign countries, and which are liable to duty at the same special rates as those prescribed in the First Schedule to the Indian Tariff Act, Bombay XXXII ofor at such special rates as may be prescribed by Government under section of the Bombay Prohibition Act, Bombay XXV of Provided that the person to whom a permit is granted under this section may [subject to such conditions as may be prescribed] allow the use or consumption of liquor in respect of which the permit, has been granted to any other person nombay requires the use thereof for medicinal purpose on emergent occasions: Amended by Bombay 20 of Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees; ii for a second offence, with imprisonment for peohibition term which may extend to two years and with fine which may extend to two thousand rupees: Provided that in the absence of special and peohibition reasons to the contrary to be mentioned in the 11949 of the Court, the imprisonment shall not be less than three months and fine shall not be less than five hundred rupees.

Provided that no such order shall be made before the expiry of one month from the date of seizure, or without hearing 3[the person, prohibifion any, claiming any right thereto] and prohigition evidence, if any, which he acg in support of his claim. XXII of ; and].

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

Further repeals and savings consequent on commencement of Bombay XXV of in other areas of State. Whoever, being the holder of bojbay licence, permit, pass or authorization granted under this Act or a person in the employ of such holder or acting with his express or implied permission on his behalf.

An Act to amend and consolidate the law relating to the promotion and enforcement of and carrying into effect zct policy of Prohibition and also the Abkari law in the 4[State] of Bombay. Provided that in the case of manufacture of any of the articles mentioned in section 24A in which the alcohol is generated by a bombah of fermentation the amount of such alcohol shall not exceed 12 per cent. Bombzy anything contained in any other section, when a licence is liable under that section to cancellation owing to default in the payment of any duty or fee payable by the holder thereof, the authority granting the licence may attach and take such licence under management, and if the profits received from such management after meeting all the expenses of such attachment and management are less than the amount of the arrears for which the licence was attached and the amount falling due on such licence during the remaining period of such licence the difference shall be recovered from the licensee as if it were a duty or fee leviable under any one of the provisions of this Act, and in the event of the said profits exceeding the amount so due under the licence, the axt shall not be entitled to receive any of the said profits.

Provided that, the decision taken by majority of the Gram Sabhas concerned by passing a resolution in the above matter shall porhibition binding on the concerned Panchayat Samiti or the Zilla Parishad as the case may be.

On examining the record, it may either annul, reverse, modify or confirm such order, or pass such other order as it may deem fit. Prohibition of import, export, transport, sale etc. Provided that in the case of manufacture of any of the articles mentioned in section 24A in which the alcohol is generated by a process of fermentation prohibitiom amount of such alcohol shall not exceed 12 per cent.

Licences for bona fide medicinal or other purposes.

Any Magistrate may be warrant authorize any Police Officer not below the rank of Sub-Inspector to enter upon and search for the same in any premises where any copy of such issue or any such newspaper, news-sheet, book, leaflet, booklet or other publication may be or may be reasonably suspected to be. Provided that where payments is made upon issue for sale from a warehouse established or licensed under prohibitoin Act, such payment shall be at the rate of the duty in force at the date of issue from the warehouse: Maharashtra Prohibition Act, 1.

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than nine months and fine shall not be less than one thousand rupees: Penalty for illegal import of molasses. WHEREAS it is expedient to amend and consolidate the law relating to the promotion and enforcement of and carrying into effect the policy of Prohibition; and Whereas prohibifion is also necessary to amend and consolidate the Abkari law in the ‘[State] of Bombay for the said purpose and to provide for certain 1499 purposes hereinafter appearing.

Chapter X Appeals and Revision Landlords and others to give information.

The Bombay Prohibition Act, 1949

Provided that during any such vacancy the continuing members may act, as if no vacancy had occurred. Punishment for abetment for escape of persons arrested. Provided further that the purchase, possession or use of any liquor or alcohol for the manufacture of any 5[such article] shall not be made or had except under a licence granted under section 31 A.

Provided that the person to whom a permit is granted under prouibition section may ‘[subject to such conditions as may be prescribed] allow the use or consumption of liquor in respect of which the permit has been granted to any other person who requires the use thereof for medicinal purpose on emergent occasions:. Provided that having regard to the nature of the out still area of the Chanda District, the general backwardness of the people residing therein, and the necessity of preparing an adequate background before the introduction of prohibition therein, the State Government may, if it thinks fit, fix a different date for bringing the Act into force proyibition that area.

The provisions of sections 80, 98, 99, 1,, On the cancellation or the expiry of the period of any licence, permit, pass or authorization, the [Commissioner] may also direct that any stock of any intoxicant, [denatured spirituous preparation,] hemp or mhowra flowers remaining with the hold of the licence, prohibitipn, pass or authorization together with receptacles or packages thereof be forfeited to [the State Government.

Power to require production of licences.