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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Control of Commissioner over Prohibition Officers and other officers. 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, prohibittion are certified by the Chemical Adt to the Government of Maharashtra, as having the same properties as those possessed by liquors of the corresponding descriptions imported from foreign countries, proihbition 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 Privilege of drawing toddy from trees belonging to Government.

Tender of pardon to accomplice.

bombay prohibition act

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.

Procedure to be followed by Magistrates. Amended by Bombay 12 of Power of Collector etc. Penalty for inciting or encouraging certain acts. Further repeals and savings consequent on commencement of Bombay XXV of in other areas of State.

Commissioner’s powers to make regulations. Officer duly empowered to conduct the same. Report of certain registered medical officers as evidence.

Provided that 4[such article] corresponds with the description and limitations mentioned in section 59A:. 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 who requires the use thereof for medicinal purpose on emergent occasions:.

So far as section 12 d relates buying of such preparation by a person not less than twenty-one years of age. 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 State Government may, if it thinks fit, fix a different date for bringing the Act into force in that area.

Certain provisions to apply to denatured spirituous preparations.

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The Bombay Prohibition Act, 1949

The 3[State] Government may, grant special permits for the use or consumption of foreign liquor 4[to any person who is. 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 six months and fine shall riot be less than one thousand rupees.

Or colouring of liquor or intoxicating drug] but does not include flavouring, blending or colouring of liquor or intoxicating drug lawfully possessed for private consumption; and b even, process of producing and drawing of toddy from trees; 26 “Medical Board” means a board constituted under section 8: Amended by Bombay 21 of Provided that no animals, cart, vessel, vehicle or other conveyance shall be confiscated if the owner thereof satisfies the Court that he had exercised due care in preventing the commission of the offence.

Power to require persons to submit to medical examination, etc. V ofshall in so far as of they are applicable apply to any proceedings under sub-section 1 as if the bond referred to therein were a bond required to be executed under Section of the said code.

Control of [Commissioner] over Prohibition Officers and other officers. Permits for consumption or use of intoxicating drugs or opium. Any person who maliciously and falsely gives information to any person exercising powers under this Act leading to a search, seizure.

Toddy containing prohibituon more than five per cent of alcohol by volume, being a preparation which may be used for human consumption as a beverage. Provided that where a person who is reasonably suspected of having committed an offence under section [69, 70 or] is not the holder of prohibitioon licence, permit, pass or authorization granted under this Act or a person in the employ of such holder or a person acting with his express or implied permission on his behalf, the sum of money which may be accepted from such person by way of composition shall not exceed five hundred rupees: Prohibition of soliciting use of intoxicant or hemp or prohbiition any act calculated to incite or encourage member of public to commit offence.

The Bombay Prohibition Act, – Wikipedia

So far as section 23 a relates soliciting the use of or offering such preparation by and to persons not less than 21 years of age. 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 a term which may extend to two years and with fine which may extend to two thousand rupees: Amended by Bombay 36 of Documents or reports of registered medical practitioner, etc.

Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or licence, permit or pass granted thereunder, imports, exports, 2[collects] transports sells, 3[buys] or has in his possession mhowra flowers, shall, on conviction, be punished.

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This Chapter not to apply to certain articles. Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court. Power of entry and inspection. Penalty for failure to satisfy the Commissioner under sub-section 1or to comply with a requisition under sub-section 2 of section 59B.

Board of Experts-5[ 1 6 [For the purpose of enabling the State Government to determine] whether. Provided further that, no licence shall be necessary for the possession of denatured spirit to the extent of such quantity as may be prescribed.

XIX ofor 6[in any law corresponding to that Act in force in any part of the State or in the Probation of Offenders Act,XX ofwhere that Act is brought into force in any part of the State or in] Section of, the Code of Criminal Procedure, V ofshall apply to any person convicted of any offence under this Act].

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 six months and fine shall not be less than one thousand rupees.

Intoxicant or hemp not to be removed from warehouse, etc. Lrohibition by Maharashtra 46 of Any Magistrate may by warrant authorize any Police Officer not below gare rank of Sub-Inspector to enter upon and search for the same in any premises where bombah 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.

Short title, extent and commencement. Power to obtain information and to search and seize excisable articles. Penalty for illegal import of molasses. Liability of licensee for acts of servants.

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 it is also necessary to amend and consolidate the Abkari law in the ‘[State] of Bombay for the said purpose and to provide for certain other purposes hereinafter appearing.

Save as otherwise expressly- provided in this Act, all investigations, arrests, bkmbay in custody and searches shall be made in accordance with the provisions of the Code of Criminal Procedure Provided that in the absence of prlhibition and adequate reasons to the contrary to be mentioned in the judgment of the Court, the imprisonment shall not be less than prohibjtion months and fine shall not be less than five hundred rupees.