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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Authorization for sacramental purposes. Penalty for illegal cultivation and collection of hemp and other matters.
Provided further that no permit shall be granted to more than one member of a household at any one time. Limitation of prosecutions or suits against officers. Mhowra flowers, or molasses shall be under the supervision of such Prohibition and Excise or Police staff as it may deem proper to appoint, and that the cost of such staff shall be paid to the State Government by the person manufacturing, importing, exporting transporting, storing, selling, purchasing, using, collecting or cultivating the intoxicant, denatured spirituous preparation, hemp, mhowra flowers or molasses: Whoever in contravention of the provisions of this Act, rule or regulation or order or condition of any licence, permit or pass granted under this Act,.
B The owner of goods or the persons in-charge of the goods shall, if so required by any officer conducting the search, take the goods 6[to a place appointed in Greater Bombay by the Commissioner of Police, Bombay and elsewhere, by the District Magistrate] for the purpose of examination or deposit.
Recovery of duties, etc. Any person found in a common drinking house during any drinking therein shall be presumed, until the contrary is proved, to have been there for the purpose of drinking. Provisions of Act not to apply to Government. No more alcohol shall be used in the manufacture of any of the articles mentioned in Section 24A than the quantity necessary for extraction or solution of the elements contained therein and for the preservation of the articles:.
BOMBAY PROHIBITION ACT, – Indian Bare Act / Law / Statute / Kanoon – LawyerServices
See now the Code of Criminal Procedure, 2 of The 3[State] Government may, by rules or an order in writing, authorize an bombaj 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].
Provided that the officer so authorized is satisfied that the use of such liquor is required in accordance with the religious tenets of the community to which such person belongs. Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the court, such imprisonment shall not be less than six months and fine shall not be less than [ten thousand rupees] ; iii for a third prohivition subsequent offence, with imprisonment for a term prphibition may extend to two years proibition with fine which may extend to [twenty thousand rupees]: Arrested persons and things seized to be sent to officer-in-charge of Police Station.
Penalty for being drunk and for disorderly behaviour. Notwithstanding anything contained in any law for time being in force no right, title or interest in any licence, permit, pass, or authorization granted under this Act shall be liable to be sold, transferred or attached in execution of any process of any civil or any other Court. Power of State Government to make rules. Penalty for contravention of provisions of section The provisions of sections 53 to 59 bbombay both inclusive ] shall so far as may be applicable, apply to licences or permits granted under section 6 1.
Commissioner entitled to require licences holder or owner to dispose of stocks. OF LIQUOR No person shall- a bottle any liquor for sale; b consume or use liquor; or c use, keep or have in his possession any materials, still utensils, implements or apparatus whatsoever for the manufacture of any liquor.
Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such. Power to require persons to submit to medical examination, etc. Power to obtain information and to search and seize excisable articles.
Amended by Bombay 28 of Which has not been submitted to any manipulations other than those necessary for packing and transport:. XXII ofIncludes a reference to any law corresponding to those Acts, respectively, in force in any part of the State. On the commencement of this Act in the manner provided in sub-section 3 in any area to which this Act is extended by the Bombay Prohibition Extension and Amendment Act, Bom XII of all rules, regulations orders and notifications made or issued or deemed to be made or issued under this Act and in force in the pre -reorganisation State of Bombay excluding the transferred territories immediately before such commencement, shall also extend to, and be in force in that area.
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.
The Bombay Prohibition Act, 1949
Alteration of denatured spirituous preparation. Any person found in a common drinking house during any drinking therein shall be presumed, until the contrary is proved, to bpmbay been there for the purpose of drinking, Prohibition of import, wct, transport, sale etc. Notwithstanding 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 prohivition on such licence axt 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 licensee shall not be entitled to receive any of the said profits.
Licences for bona fide medicinal or other purposes. Amended by Bombay 12 of Whoever, in contravention of bombayy 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.
Save in so far as may be expressly provided in any rule, regulation or order made under this Act, nothing prohiibtion 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.
Subject to any regulations to regulate the time, place and manner of payment made by the ‘[Commissioner] in this behalf, the duties referred to in Section may be levied in one or more of the following ways:. On examining the record, it may either annul, bombqy, modify or confirm such order, or pass such other order as it may deem fit.
Tender of pardon to accomplice. Every officer of the 5[Government and every officer or servant of local authority, shall be 6[legally bound to assist any Prohibition Officer or] police officer or person authorised in this behalf in carrying out the provisions of this Act.
Amended by Bombay 67 of