Bare Acts

The Maharashtra Prohibition Act

An Act to amend and consolidate the law relating to the promotion and enforcement of and carrying into effect the policy of Prohibition and also the Abkari law in the State of Bombay

English PDF

Act Details

Act Number:

Act Year:

1949

Location:

Maharashtra

Enactment Date:

5/20/1949

Ministry:

Ministry of Govt of Maharashtra

Department:

Home Department

Full List of Sections

Preliminary

Section 1 to Section 2

Section 1

Short title, extent and commencement.

Section 2

Definitions.

Establishment

Section 3 to Section 10

Section 3

Commissioner of Prohibition and Excise.

Section 4

Collectors.

Section 5

Subordinate officers.

Section 6

Investing officers of Police and other departments with powers and duties under this Act.

Section 6A

Board of Experts.

Section 7

Other Boards and committees.

Section 8

Medical Boards.

Section 9

Control of Commissioner over Prohibition officers and other officers.

Section 10

Delegation.

Prohibitions

Section 11 to Section 24A

Section 11

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

Section 11A

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

Section 12

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

Section 13

Prohibition of sale, etc., of liquor.

Section 14

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

Section 15

Prohibition of import, export, transport, sale, etc., of sweet toddy.

Section 16

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

Section 17

Prohibition of possession, etc., of opium.

Section 18

Prohibition of sale to minors.

Section 19

(Deleted.)

Section 20

Prohibition or production, etc., of charas.

Section 21

Alteration of denatured spirit.

Section 21A

Alteration of denatured spirituous preparation.

Section 22

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

Section 22A

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

Section 23

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

Section 24

Prohibition of publication of advertisements relating to intoxicant, etc.

Section 24A

This Chapter not to apply to certain articles.

Control, Regulation and Exemptions

Section 25 to Section 59

Section 25

Exemption of preparations.

Section 26

Distilleries and warehouses for intoxicants.

Section 27

Intoxicant or hemp not to be removed from warehouse, etc.

Section 28

Passes for import, etc.

Section 29

Through transport.

Section 30

(Deleted)

Section 31

Licences for bona fide medicinal or other purposes.

Section 31A

Licences for purchase, etc., of liquor for manufacture of articles mentioned in section 24A.

Section 32

Licences for tapping for neera.

Section 33

Trade and import licences.

Section 34

Section 35

Section 36

Section 37

Section 38

Licences to shipping companies and to Masters of ships.

Section 39

Permission to use or consume foreign liquor on warships, troop ships and in messes and canteens of armed forces.

Section 40

Permits.

Section 40A

Health permits.

Section 40B

Emergency permits.

Section 41

Special permits to foreign sovereigns, etc.

Section 42

(Deleted)

Section 43

Regulation of use or consumption of foreign liquor by certain permit-holders.

Section 44

Licence to clubs.

Section 45

Authorization for sacramental purposes.

Section 46

Visitor?s permit.

Section 46A

Tourist?s permit

Section 47

Interim permits.

Section 48

Permits for consumption or use of intoxicating drugs or opium.

Section 48A

Permits to be non-transferable.

Section 49

Exclusive privilege of Government to import, etc., intoxicants, etc. and fees levied include rent or consideration for grant of such privilege to person concerned.

Section 50

(Deleted)

Section 51

(Deleted)

Section 52

Power of authorized officer to grant licences, permits and passes in certain cases.

Section 53

General conditions regarding licences, etc.

Section 53A

Certain licensees required to keep measures, etc.

Section 54

Power to cancel or suspend licences and permits.

Section 55

Holder of licence, etc., not entitled to compensation or refund of fee for cancellation or suspension thereof.

Section 56

Holder of licence, etc., not entitled to compensation or refund of fee for cancellation or suspension thereof.

Section 57

Attachment of licence.

Section 58

Right, title or interest under licence not liable to be sold or attached in execution.

Section 59

Commissioner entitled to require licence holder or owner to dispose of stocks.

Control and Regulation of Articles Mentioned in section 24A to prevent their use as Intoxicating Liquor.

Section 59A to Section 59B

Section 59A

Manufacture of articles mentioned in section 24A.

Section 59AA

Control on manufacture, etc., of articles mentioned in section 24A.

Section 59B

Analysis of articles mentioned in section 24A.

Control and Regulation of Denatured Spirituous Preparations to prevent their use as Intoxicating Liquor.

Section 59C to Section 59D

Section 59C

Prohibition against possession of denatured spirituous preparation in excess of prescribed limit and the regulation of its possession in excess of prescribed limit.

Section 59D

Regulation of manufacture, etc., of denatured spirituous preparations.

Mhowra flowers.

Section 60

Prohibition of export or import of mhowra flowers. Control and regulation of transport, sale, etc., of mhowra flowers.

Control and regulation of Molasses.

Section 61 to Section 64

Section 61

Control of export, etc., of molasses.

Section 62

Provisions of sections 53 to 59 to apply to licences granted under section 61.

Section 63

Provision of Act in relation to molasses to be in addition to, and not in derogation of Bom. XXXVIII of 1956.

Section 64

(Deleted.)

Offences and penalties.

Section 65 to Section 104A

Section 65

Penalty for illegal import, etc. of intoxicant or hemp.

Section 66

Penalty for illegal cultivation and collection of hemp and other matters.

Section 66A

Penalty for illegal import, etc., of opium.

Section 67A

Penalty for manufacturing articles mentioned in section 24A in contravention of the provisions of section 59A

Section 67B

Penalty for failure to satisfy the Commissioner under sub-section (1) or to comply with a requisition under sub-section (2) of section 59B.

Section 67C

Penalty for possessing, etc., denatured spirituous preparations in contravention of provisions of section 59C and 59D.

Section 67IA

Penalty for alteration or attempting to alter denatured spirituous preparation.

Section 67IB

Penalty for contravention of provision regarding prescriptions.

Section 68

Penalty for opening, etc., of common drinking house.

Section 69

Penalty for illegal import, etc., of mhowra flowers.

Section 70

Penalty for illegal import, etc., of molasses.

Section 71

(Deleted)

Section 72

Penalty for removal of intoxicant, etc.

Section 73

Penalty for printing or publishing advertisements in contravention of provisions of Act, etc.

Section 74

Penalty for printing or publishing advertisements in contravention of provisions of Act, etc.

Section 75

Penalty for inciting or encouraging certain acts.

Section 75A

Penalty for contravention of provisions of section 43.

Section 76

Penalty for neglect to keep measures, etc.

Section 77

Penalty for misconduct by licensee, etc.

Section 78

Penalty for misconduct by licensed vendor or manufacturer.

Section 79

Liability of licensee for acts of servants.

Section 80

Import, export, etc., of intoxicant by any person on account of another.

Section 81

Penalty for attempt or abetment.

Section 82

Breach of licence, permit, etc., to be an offence.

Section 83

Penalty for conspiracy.

Section 84

Penalty for being found drunk in any drinking house.

Section 85

Penalty for being drunk and for disorderly behaviour.

Section 86

Penalty for allowing any premises to be used for purpose of committing an offence under Act.

Section 87

Penalty for chemist, druggist or apothecary for allowing his premises to be used for purpose of consumption of liquor.

Section 88

Penalty for issuing false prescriptions.

Section 89

Penalty for maliciously giving false information.

Section 90

Penalty for offences not otherwise provided for.

Section 91

Demand for security for abstaining from commisssion of certain offences.

Section 92

(Deleted).

Section 93

Demand of security for good behaviour.

Section 94

Execution of bonds in respect of minors.

Section 95

Punishment for vexatious search, seizure or arrest.

Section 96

Punishment for vexatious delay.

Section 97

Punishment for abetment for escape of persons arrested.

Section 98

Things liable to confiscation.

Section 99

Return of things liable to confiscation to bona fide owners.

Section 100

Procedure in confiscation.

Section 101

Power of Colletor, etc., to order sale or destruction of articles liable to confiscation.

Section 102

Forfeiture of any publication containing advertisement or matter soliciting use of intoxicants.

Section 103

Presumption as to commission of offences in certain cases.

Section 103A

(Deleted)

Section 104

Compounding of offences.

Section 104A

Bombay Probation of Offenders Act, 1938, and section 562 of Code of Criminal Procedure, 1898, not to apply to persons convicted of offence under this Act.

Excise Duties.

Section 105 to Section 114

Section 105

Excise duties.

Section 106

Manner of levying excise duties.

Section 107

(Deleted)

Section 107A

Declaration of stock of articles mentioned in section 24A; maintenance of accounts and submission of returns.

Section 107B

Power to obtain information and to search and seize excisable articles.

Section 108

Penalty for import, export, etc. of intoxicant etc. without payment of duty.

Section 109

Duty on tapping of toddy trees.

Section 110

Duty by whom payable.

Section 111

Owner of trees entitled to assistance for duty paid.

Section 112

Privilege of drawing toddy from trees belonging to Government.

Section 113

(Deleted)

Section 114

Recovery of duties, etc.

Powers and duties of officers and procedure.

Section 115 to Section 136

Section 115

Magistrate?s power to impose enhanced penalties.

Section 116

Procedure to be followed by Magistrates.

Section 116A

Tender of pardon to accomplice.

Section 117

Investigations, arrests, searches, etc., how to be made.

Section 118

Procedure of Code of Criminal Procedure relating to cognizable offences to apply.

Section 119

Certain offences to be non-bailable.

Section 120

Power of entry and inspection.

Section 121

Power to open packages, etc.

Section 122

Power to require production of licences.

Section 123

Arrest of offenders and seizure of contraband articles.

Section 124

Power to obtain information.

Section 125

Power to seize intoxicants, etc.

Section 126

Arrest without warrant.

Section 127

Arrest of offenders failing to give names.

Section 128

Issue of warrants.

Section 128A

Certain provisions to apply to denatured sprituous preparations.

Section 129

Prohibition officers may be empowered to investigate offences.

Section 129A

Power to require persons to submit to medical examination, etc.

Section 129B

Documents or reports of registered medical practitioner, etc., as evidence.

Section 130

Arrested persons and things seized to be sent to officer-in-charge of police station.

Section 131

Bail by Prohibition Officer.

Section 132

Articles seized.

Section 133

Duty of officers of Government and local authorities to assist.

Section 134

Offences to be reported.

Section 134A

Establishment of Gram Rakshak Dal.

Section 135

Landlords and others to give information.

Section 136

(Deleted)

Appeals and Revision.

Section 137 to Section 138

Section 137

Appeals.

Section 138

Revision.

Miscellaneous.

Section 139 to Section 149

Section 139

General powers of State Government in respect of licences, etc.

Section 140

Power of State Government to prohibit, regulate or control consumption or use of intoxicants, etc., in public place.

Section 141

Employment of additional police.

Section 142

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

Section 143

Power of State Government to make rules.

Section 144

Commissioner?s powers to make regulations.

Section 145

Officers and persons acting under this Act to be public servants.

Section 146

Bar of proceedings.

Section 146A

Limitation of prosecutions or suits against officers.

Section 146B

Provisions of Act not to apply to Government.

Section 147

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

Section 148

Repeal and amendments.

Section 149

Further repeals and savings consequent on commencement of Bom. XXV of 1949 in other area?s of State.