The Maharashtra Prohibition Act

S.31A Licences for purchase, etc., of liquor for manufacture of articles mentioned in section 24A.

¹Licences for purchase, etc. of liquor for manufacture of ²[articles mentioned in section 24A].- The State Government may, by rules or an order in writing authorise an officer to grant licences for the purchase, possession or use of any liquor or alcohol for the manufacture of ³[any article mentioned in section 24A] on such conditions as may be prescribed.]

S.32 Licences for tapping for neera.

Licences for tapping for ¹[neera].-The ²[State] Government may authorise an officer by rules or an order in writing to grant licences for ³[the tapping of, ⁴]and drawing juice from], any plam trees for the purpose of sale or consumption as neera or ⁵ * * * manufacture of gur or any other article which is not an intoxicant ⁶[and on a licence being granted to the person to whom the trees belong, or who is in possession of such trees, may permit them to be tapped or permit toddy to be drawn therefrom.]

S.33 Trade and import licences.

(1) The ¹[State] Government may, by rules or an order in writing, authorise an officer to grant a vendor’s licence ²[for the sale of foreign liquor.]

S.34 Vendor’s Licence

(1) The ¹[State] Government may, by rules or an order in writing, authorise an officer to grant a vendorsqtss licence ²[for the sale of foreign liquor.]

(2) A vendorsqtss licence shall be granted on the following conditions :- (i) the stock of foreign liquor with the licensee (except what is permitted for the disposal in the shop) shall be kept by him at ³[godown [ approved by Government.

⁴* * * * * *

(iii) the licensee shall pay all rent, costs, charges and expenses incidental to warehousing and supervision;

(1) The ¹[State[ Government may, by rules or an order in writing, authorize an officer to grant licences to the managers of hotels to sell foreign liquor to the holders of permits granted under this Act :

Provided that, the ²[State] Government is satisfied that such hotel has ordinarily a sufficient number of boarders eligible to hold permits.

(2) Such licences shall be issued on the following conditions :-

(i) liquor shall be sold ³* * * * * to the permit holders ⁴[residing or boarding] at the hotel,

(ii) consumption of liquor sold shall not be allowed in any of the rooms of the hotel to which any member of the public has access,

S.36 (Deleted)

[Special import licences to hotels.] Deleted by Bom. 22 of 1960, s. 21.

S.37 (Deleted)

[Dining car licences.] Deleted by Bom. 22 of 1960, s. 21.

S.38 Licences to shipping companies and to Masters of ships.

38. Licences to shipping companies ¹[and to Masters of ships[.-The ²[State] Government may, by rules or an order in writing, authorize an officer to grant licences to any shipping company for each ship ³[or to the Master of any ship] to sell foreign liquor ⁴[and to permit the use or consumption of foreign liquor on such ship on such conditions as may be prescribed].

S.39 Permission to use or consume foreign liquor on warships, troop ships and in messes and canteens of armed forces.

39. Permission to use or consume foreign liquor on ¹* * warships, troopships and in ²[messes and canteens of armed forces.].-The ³[State] Government may, on such conditions as may be specified ⁴[by a general or special order permit-

(i) the sale of foreign liquor to,

(ii) the purchase, use or consumption of such liquor by,-

(a) the members of the armed forces in messes and canteens ⁵[of the armed forces], and

(b) the crew of warships or troopships and the members of the armed forces thereon.]

S.40 Permits.

(1) The ¹[State] Government may, by rules or an order in writing authorize an officer to grant permits for the use or consumption of foreign liquor to person on the following conditions :-

(a) that such person is not a minor;

²* * * * * * * *

S.40A Health permits.

¹[40A. Health permits.-(1) The State Government may by rules or orders in writing, authorize an officer to grant a health permit for the use or consumption of foreign liquor to any person who requires such liquor for the preservation or maintenance of his health :

Provided that no such permit shall be granted to a minor.

(2) Such permit shall be granted for such quantity and shall be subject to such further conditions as may be prescribed.

S.40B Emergency permits.

(1) The State Government may by rules or orders in writing authorize an officer to grant emergency permits for the use or consumption of brandy, rum or champagne or any other kind of liquor to any person for his own use or consumption or to any head of a household for the use of his household for medicinal use on emergent occasions :

Provided that the person to whom a permit is granted under this section may ¹[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 further that no permit shall be granted to more than one member of a household at any one time.

²*<

S.41 Special permits to foreign sovereigns, etc.

The ¹[State] Government may grant special permits for the use or consumption of foreign liquor ²[to any person who is -

(a) a Sovereign or Head of a foreign State;

(b) an Ambassador, Diplomatic Envoy or Consul, Honorary Consul or Trade, Commerce or other representative of a foreign State;

Provided that such member is a national of a foreign State;

³*

S.42 (Deleted)

[Permits to be non -transferable.] Deleted by Bom. 22 of 1960, s. 26.

S.43 Regulation of use or consumption of foreign liquor by certain permit-holders.

¹[43. (1) No holder of a permit granted under any of the provisions of this Act other than section 40B shall drink in a public place ²* * *

(2)³* * *

⁴[(3) A person holding a permit under sections 40, 41, 46, 46A or 47 may allow the use or consumption of any part of the quantity of foreign liquor possessed by him under the permit, to any other person who holds a permit under any of those sections.

(4) No holder of a permit under sections 40, 41, 46, 46A or 47 shall serve any liquor at any ceremonial or other function or any assembly of persons wh

S.44 Licence to clubs.

(1) The ¹[State] Government may, by rules or an order in writing ²[grant or authorise an officer to grant] licence; to a club approved by the ³[State] Government in this behalf to sell foreign liquor ⁴[to its members holding permits.]

(2) Such licences shall be granted on the following conditions-

⁵* * * * * * * *

(b) that no liquor shall be served to the holder of any permit in any room of the club to which the public have access at the time when any person who does not hold such permit is present;

S.45 Authorization for sacramental purposes.

(1) The ¹[State] Government may, by rules or an order in writing, authorise an officer to grant any authorization to any person for the use of liquor for sacramental purposes :

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.

²[(2) An authorization under this section shall be granted on the recommendation of such members of the community to which the person applying for the authorization belongs as may be approved by the State Government in that behalf.]

³* * * * * * * *

(4) If any dispute arises whether the use of liquor is requi

S.46 Visitor’s permit.

¹[46.Visitor’s permit.- (1) The State Government may, by rules or an order in writing, authorise an officer to grant a visitor’s permit for the purchase, possession, use or consumption of foreign liquor to a person who-

(a) (i) is a citizen of a foreign country, or a citizen of India and resides in any part of India, where consumption of alcoholic liquor is not generally prohibited by law; or

(ii) is a citizen of a foreign country, or a citizen of India and resides in any part of India, where consumption of liquor is prohibited by law, but has been consuming such liquor under permit or other authorization; and

S.46A Tourist’s permit

¹[46A. ²[Tourist's permit.].-(1) The State Government may, by rules or an order in writing, authorise an officer to grant 4[a tourists permit] to consume, to use and buy foreign liquor to a person who is a tourist.

(2) A tourists permit may be granted for the period of the tourists intended stay in the ³[State], but shall in no case be granted for a period exceeding one month.

(3) Such permits shall be available at such places as may be ⁴[fixed] by the ⁵[Commissioner] in this behalf.]

S.47 Interim permits.

(1) Notwithstanding anything contained in sections ¹[40A and 41] the ²[State] Government may, by rules or an order in writing, ³[authorize an officer to ] grant interim permits to persons applying for permits under any of the said provisions.

(2) Such interim permits shall not be granted for any period exceeding two months.

S.48 Permits for consumption or use of intoxicating drugs or opium.

¹[ ²[Permits] for consumption or use of intoxicating drugs ³[or opium]].- (1) The ⁴[State] Government may, by rules or an order in writing, authorise an officer to grant ⁵[permits] for the ⁶[consumption or use] of ⁷[intoxicating drugs] ⁸[or opium] in such quantities as may be prescribed.

(2) Such ⁹[permits] shall be granted on the certificate of the Medical Board.

S.48A Permits to be non-transferable.

¹[48A. Permits to be non-transferable.-Permits granted under sections 40, 40A, 40B, 41, 46, 46A, 47 or 48 shall be non-transferable.]

S.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.

¹[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.- Notwithstanding anything contained in this Act, the State Government shall have the exclusive right or privilege of importing, exporting, transporting, manufacturing, bottling, selling, buying, possessing or using any intoxicant, hemp or toddy, and whenever under this Act or any rules or orders made thereunder any fees are levied and collected for any licence, permit, pass, authorisation or other permission given to any person for any such purpose, such fees shall be deemed to include the rent or consideration for the grant of such right or privilege to that person by or on behalf of the State Government.]

S.50 (Deleted)

[Warehousing of opium] Deleted by Bom. 22 of 1960, s. 34.

S.51 (Deleted)

[Rules for sale, etc. of warehoused intoxicant or hemp] Deleted by Bom. 22 of 1960, s. 34.

S.52 Power of authorized officer to grant licences, permits and passes in certain cases.

Notwithstanding anything in this Act, it shall be lawful for any officer authorized by the ¹[State] Government in this behalf to grant any licences, passes or permits for import, export, transport, possession, sale, buying, cultivation, collection, manufacture, ²[bottling], consumption and use of any intoxicant, hemp, or mhowra flowers or molasses or for the tapping of any toddy producing tree or the drawing of toddy from such tree in cases other than those specifically provided under any of the provisions of this Act.

S.53 General conditions regarding licences, etc.

All licences, permits, passes or authorizations granted under this Act shall be in such form and shall, in addition to or in variation or substitution of any of the conditions provided by this Act, be subject to such conditions as may be prescribed and shall be granted on payment of the prescribed fee :

Provided that every licence, permit, pass or authorization shall be granted only on the condition that the ¹[person applying] undertakes, and in the opinion of the officer authorized to grant the licence, permit, pass or authorization is likely to abide by all the conditions of the licence, permit, pass or authorization and provisions of this Act.

²* * * * *

S.53A Certain licensees required to keep measures, etc.

¹[53A. Certain licensees required to keep measures, etc.- Every person who manufactures or sells any intoxicant or hemp under a licence granted under this Act, shall be bound-

(a) to equip himself with and keep such measures and weights and such instruments for testing the strength or quality of the intoxicant or hemp as the Collector may prescribe, and to keep the same in good condition, and

(b) on a requisition of any Prohibition Officer, duly empowered in this behalf, at any time to measure, weight or test any intoxicant or hemp in his possession or to have it measured, weighed or tested in such manner as the Prohibition Officer may require.]

S.54 Power to cancel or suspend licences and permits.

(1) ¹[The authority granting any licence, permit, pass or authorization under this Act may for reasons to be recorded in writing cancel or suspend it,]

(a) if any fee or duty payable by the holder thereof is not duly paid;

(b) if the purpose for which the licence, permit, pass or authorization was granted ceases to exist;

(c) in the event of any breach by the holder of such licence, permit, pass or authorization or by his servant or by any one acting with his express or implied permission on his behalf of any of the terms or conditions of such licence, permit, pass or authorization or of any licence, permit, pass or a

S.55 Holder of licence, etc., not entitled to compensation or refund of fee for cancellation or suspension thereof.

No holder of a licence, permit, pass or authorization shall be entitled to any compensation for the cancellation or suspension of the licence, permit, pass or authorization under section 54 nor to a refund of any fee or deposit made in respect thereof.

S.56 Holder of licence, etc., not entitled to compensation or refund of fee for cancellation or suspension thereof.

(1) Whenever the authority granting a ¹[licence, permit, pass or authorization] considers that it should be cancelled for any cause other than those specified in section 54, he may cancel ²[it] either-

(a) on the expiration of not less than fifteen days notice in writing of his intention to do so; or

³[(b) forthwith without notice, recording his reasons in writing for doing so.]

⁴[(2) Where a licence, permit, pass or authorization is cancelled under sub-section (1), a part of the fee for the licence, permit, pass or authorization proportionate to the unexpired portion of the term thereof and the deposit made by the hold

S.57 Attachment of licence.

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 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 licensee shall not be entitled to receive any of the said profits.

S.58 Right, title or interest under licence not liable to be sold or attached in execution.

Notwithstanding anything contained in any law for the 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.

S.58A Supervision over manufacture, etc.

¹[58A. Supervision over manufacture, etc.- The State Government may by general or special order direct that the manufacture, import, export, transport, storage, sale, purchase, use, collection or cultivation of any intoxicant, denatured spirituous preparation, hemp, 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:

Provided that, the State Government may exempt any class of persons or institutions from paying the whole or any part of the cost of such staff.]

S.59 Commissioner entitled to require licence holder or owner to dispose of stocks.

¹[Commissioner] entitled to require licence holder ²or owner to dispose of stocks.- (1) Notwithstanding the fact that the period during which any licence, permit, pass or authorization is to be in force has not expired, the ³[Commissioner] may direct the holder thereof to dispose of his stock of intoxicant, ⁴[denatured spirituous preparation,] or hemp or mhowra flowers before such date as may be specified in the order.

⁵[(1A) The ⁶[Commissioner] may also direct the owner of the stock of any intoxicant, ⁷[denatured spirituous preparation,] hemp or mhowra flowers who does not hold any licence, permit, pass or authorization for such stock to dispose of the said stock before such date as may be specified in the order, and the owner shall comply with such direction.]

S.59AA Control on manufacture, etc., of articles mentioned in section 24A.

¹[CHAPTER IV-A.

Control and Regulation of ²[Articles Mentioned in section 24A] to prevent their use as Intoxicating Liquor. ¹[Control on manufacture, etc., of articles mentioned in section 24A.No article mentioned in section 24A.- shall be manufactured, imported or exported, except under a licence which shall, subject to the provisions of any of rules made in that behalf, be granted by an officer authorised in that behalf by an order in writing by the State Government :

Provided that no such licence shall be necessary for the import or export of such article to the extent of such quantity as may be prescribed.]

S.59A Manufacture of articles mentioned in section 24A.

¹[Control on manufacture, etc., of articles mentioned in section 24A.No article mentioned in section 24A.- shall be manufactured, imported or exported, except under a licence which shall, subject to the provisions of any of rules made in that behalf, be granted by an officer authorised in that behalf by an order in writing by the State Government :

Provided that no such licence shall be necessary for the import or export of such article to the extent of such quantity as may be prescribed.]

S.59B Analysis of articles mentioned in section 24A.

¹[Analysis of articles mentioned in section 24A.-²[(1) Whenever the ³[Commissioner] has reason to believe that any of the articles mentioned in section 24A does not correspond with the description and limitations provided in section 59A, he shall cause an analysis of the said article to be made and if upon such analysis the ⁴[Commissioner] shall find the said article does not so correspond, he shall give not less than 15 days notice in writing to the person who is the manufacturer thereof or is known or believed to have imported ⁵[or obtained] such article to show cause why the said article should not be dealt with as the intoxicating liquor, such notice to be served personally or by registered post as the ⁶[Commisssioner] may determine, and shall specify the time when, place where, and the name of the officer before whom such per

S.59C Prohibition against possession of denatured spirituous preparation in excess of prescribed limit and the regulation of its possession in excess of prescribed limit.

¹[CHAPTER IV-B.

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

(1) No person shall have in his possession, except under a permit granted by any officer empowered by the State Government in that behalf, any quantity of denatured spirituous preparation in excess of such a quantity as the State Government may, by notification in the Official Gazette, specify.

(2) In specifying quantity of possession of denatured spirituous preparation under sub-section (1) regard shall be had to the necessity for the free possession of such preparation for legitimate, domestic and other purposes, and different limits may be fixed for-

(1) No person shall-

(a) manufacture, sell or bottle for sale any denatured spirituous preparation, except under the authority and in accordance with the terms and conditions of a licence,

(b) import, export or transport any denatured spirituous preparation in excess of the limit of possession specified under sub-section (1) of section 59C, except under the authority and in accordance with the terms and conditions of a pass,

(2) A licence or pass required under sub-section (1) shall be granted by any o

S.60 Prohibition of export or import of mhowra flowers. Control and regulation of transport, sale, etc., of mhowra flowers.

(1) No person shall export or import mhowra flowers except under a pass granted by the Collector or an officer authorised in this behalf.

(2) ¹[No person or head of household on his behalf or on behalf of the members of his household shall in the aggregate collect or transport or sell or buy or have in his possession mhowra flowers exceeding the prescribed limit in weight, except under the authority and subject to the conditions of a licence, permit or pass granted ²[by the Collector or an officer authorised] in this behalf:

Provided that no licence, permit or pass shall be necessary for the collection, transport, sale, purchase or possession within such area and during such period (hereinafter called vacation period) as the ³[State] Government may, by notification in the Official

S.61 Control of export, etc., of molasses.

(1) Except as otherwise provided in sub-sections (2) and (3), no person shall export, import, transport, sell or have in his possession any quantity of molasses.

(2) The ¹[State] Government may, by general or special order, authorise any Collector ²[or any other officer] to grant licences for the import, export, sale or possession of molasses.

(3) The ³[State] Government may also authorise any Collector or any other officer to grant permits for the transport of molasses.

S.62 Provisions of sections 53 to 59 to apply to licences granted under section 61.

The provisions of sections 53 to 59 ¹[(both inclusive)] shall so far as may be applicable, apply to licences or permits granted under section 61.

S.63 Provision of Act in relation to molasses to be in addition to, and not in derogation of Bom. XXXVIII of 1956.

¹[Provision of Act in relation to molasses to be in addition to and not in derogation of Bom. XXXVIII of 1956.-The provisions of this Act in relation to molasses shall be in addition to, and not in derogation of the provisions of the Bombay Molasses (Control) Act, 1956 (Bom. XXXVIII of 1956), or of any rule or order made thereunder.]

S.64 (Deleted.)

[Power of State Government to direct holder of stock of molasses to sell them at fixed price to any officer, person or class of persons.] Deleted by Bom. 26 of 1952, s. 30.

S.65 Penalty for illegal import, etc. of intoxicant or hemp.

Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or of any licence, pass, permit or authorization granted thereunder-

(a) ¹[imports or exports or transports any intoxicant] ²[(other than opium)] or hemp,

(b) manufactures any intoxicant ³[(other than opium)],

(d) bottles liquor,

(e) ⁴[sells o

S.66 Penalty for illegal cultivation and collection of hemp and other matters.

¹[(1) Whoever in contravention of the provisions of this Act or of any rule, regulation or order made or of any licence, permit, pass or authorization issued, thereunder-

²* * * * * *

(b) ³[consumes or uses any intoxicant] ⁴[(other than opium)] or hemp,

S.66A Penalty for illegal import, etc., of opium.

¹[66A. Penalty for illegal import, etc., of opium.-Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made thereunder or of any licence, pass, permit or authorisation granted by or under this Act, imports, exports, transports, consumes, uses, possesses, sells or buys opium, shall, on conviction, be punished for each such offence with imprisonment for a term which may extend to three years and also with fine :

Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court,-

(i) for a first offence, such imprisonment shall not be less than six months; and fine shall not be less than five hundred rupees;

S.67-IA Penalty for alteration or attempting to alter denatured spirituous preparation.

¹[(1) Whoever in contravention of section 21 alters or attempts to alter any denatured spirit or has in his possession any spirit in respect of which he knows or has reason to believe that any such alteration or attempt has been made shall, on conviction, be punished ²[with imprisonment for a term which shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty-five thousand rupees but which may extend to fifty thousand rupees or with both.]

³* * * * * *

⁴[(2) In prosecution under this section, it shall be presumed, until

S.67-IB Penalty for contravention of provision regarding prescriptions.

¹[67-1B. Penalty for contravention of provision regarding prescriptions.-Whoever-

(a) not being registered medical practitioner issues a prescription for intoxicating liquor, or

(b) being a registered medical practitioner-

(i) prescribes intoxicating liquor in contravention of the provisions of sub-section (2) of section 22A, or

(ii) fails, without reasonable excuse, to state in the prescription for intoxicating liquor the particula

S.67A Penalty for manufacturing articles mentioned in section 24A in contravention of the provisions of section 59A

¹[67A. Penalty for manufacturing ²[articles mentioned in section 24A] in contravention of the provisions of section 59A.- (1) Whoever in contravention of the ³[provisions of section 59AA or, as the case may be, of section 59A]-

⁴[(1a) manufactures, imports or exports any article mentioned in section 24A, or]

(a) sells, uses or disposes of any liquor otherwise than as an ingredient of any ⁵[article mentioned in section 24A], or

(b) uses more alcohol in the ⁶[manufacture of any of the articles mentioned in section 24A] than the quantity necessary for extract

S.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.

¹[Penalty for failure to satisfy the ²[Commissioner] under sub-section (1), or to comply with a requisition under sub-section (2) of section 59B.-]³[(1)] If the manufacturer of any of the articles mentioned in section 24A fails to show to the satisfaction of the ⁴[Commissioner] that the article corresponds to the description and limitation provided in section 59A, his licence for the purchase, use or possession of liquor or alcohol for the manufacture of such article shall be revoked.

⁵[(2) Any person who fails to comply with any requisition made by the ⁶[Commissioner] under sub-section (2) of section 59B, shall on conviction be punished with imprisonment for a term which may extend to one year or with fine ⁷[which may extend to ten

S.67C Penalty for possessing, etc., denatured spirituous preparations in contravention of provisions of section 59C and 59D.

¹[67C. Penalty for possessing etc., denatured spirituous preparations in contravention of provisions of sections 59C and 59D.- Whoever,-

(a) in contravention of the provisions of section 59C, possesses, without permit, any denatured spirituous preparation in excess of the quantity prescribed under that section, or

(b) in contravention of the provisions of section 59D, manufacturers, sells, bottels for sale or imports, exports or transports, any denatured spirituous preparation, or

S.68 Penalty for opening, etc., of common drinking house.

Whoever,-

(a) opens, keeps or uses any place as a common driking house; or

(b) has the care, management or control of, or in any manner assists in conducting the business, of any place opened, kept or used as a common driking house, ¹[shall, on conviction, be punished with imprisonment for a term which shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty-five thousand rupees but which may extend to fifty thousand rupees or with both.]

S.69 Penalty for illegal import, etc., of mhowra flowers.

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, ¹[collects], transports, sells, ²[buys] or has in his possession mhowra flowers ³[shall, on conviction, be punished with imprisonment for a term which may extend to two years or with fine which may extend to fifty thousand rupees or with both :]

⁴[Provided that] no person shall be punished in respect of any mhowra flowers which are either growing on a tree or are lying uncollected on the ground as have fallen from a tree.

S.70 Penalty for illegal import, etc., of molasses.

Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or of any licence or permit granted thereunder, exports, imports, transports, sells or has in his possession molasses shall, on conviction, be punished with ¹[imprisonment for a term which shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty-five thousand rupees but which may extend to fifty thousand rupees or with both.]

S.71 (Deleted)

[Penalty for selling molasses at price exceeding fixed price.] Deleted by Bom. 26 of 1952, s. 33.

S.72 Penalty for removal of intoxicant, etc.

¹[72. Penalty for removal of intoxicant, etc.- Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made, or pass granted, thereunder, removes any intoxicant, hemp, mhowra flowers or molasses from any distillery, warehouse, godowns or other place of storage established or licensed under this Act, shall, on conviction, be punished with imprisonment for a term which ²[shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty-five thousand rupees but which may extend to fifty thousand rupees or with both.]

S.73 Penalty for printing or publishing advertisements in contravention of provisions of Act, etc.

Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made thereunder, prints, or publishes in any newspaper, newssheet, book, leaflet, booklet or any single or periodical publication or otherwise displays or distributes any advertisement or other matter-

(a) which ¹* * * solicits the use of or offers any intoxicant or hemp, or

(b) which is 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 of or to evade the provisions of, any rule, regulation or order made thereunder or of the conditions of a licence, permit,

S.74 Penalty for printing or publishing advertisements in contravention of provisions of Act, etc.

Whoever, in contravention of a notification issued under sub-section (3) of section 24, circulates, distributes or sells any newspaper, news-sheet, book, leaflet, booklet or other publication printed and published outside the ¹[State] which contains any advertisement or matter-

(a) which ²* * solicits the use of or offers any intoxicant or hemp, ³[or ].

(b) which is calculated to encourage or incite any individual or class of individuals or the public generally to commit any offence under this Act, or to commit a breach of or to evade the provisions of any rule regulation or order made thereunder or the conditions of any licences, permit, pass or authorization gr

S.75 Penalty for inciting or encouraging certain acts.

Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made thereunder,-

(a) ¹* * * solicits the use of or offers any intoxicant or hemp, or

²* * * * * * *

S.75A Penalty for contravention of provisions of section 43.

¹[75A. Penalty for contravention of provisions of section 43.- Whoever in contravention of the provisions of section 43,-

(a) drinks in a public place ²* **

(b)³* * *

(c) serves liquor at any ceremonial or other function or any assembly of persons where persons (not being members, of his family or his employees) not holding permits under section 40, 41, 46A or 47 are present, shall, on conviction, be punished for every such offence with impriso

S.76 Penalty for neglect to keep measures, etc.

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,-

(a) neglects to supply himself with measures and weights for measuring and weighing any intoxicant or hemp or with instruments for testing the strength of liquor or keep the same in good condition, or

(b) refuses to measure, weigh, or test any intoxicant or hemp in his possession ¹[or to have it weighed measured or tested], shall, on conviction, be punished for every such offence with fine which may extend to ²[two thousand rupees].

S.77 Penalty for misconduct by licensee, etc.

Whoever, being the holder of a 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-

(a) fails to produce licence, permit, pass or authorization on demand by a Prohibition Officer or any other officer duly empowered if such licence, permit, pass or authorization is in his possession or control, or

(b) wilfully does or omits to do anything in contravention of any rule, regulation or order made under this Act, or

¹* * * *Whoever, being the holder of a licence for the sale or manufacture of any intoxicant under this Act, or a person in the employ of such holder or acting with his express or implied permission on his behalf-

(a) mixes or permits to be mixed with the said intoxicant any noxious drug or any foreign ingredient likely to add to the actual or apparent intoxicating quality or strength or any article prohibited by any rule made under this Act or water except for the purpose of reducing liquor to the strength prescribed in the licence, or any diluting or colouring substance or any ingredient whatsoever likely to render the intoxicant inferior in quality whether such ingredient is or is not prohibited as aforesaid, when of such admixture, shall not amount to the offence of adulteration under section 272 of the Indian Penal Code (XLV of 1860), or

S.79 Liability of licensee for acts of servants.

The holder of a licence, permit, pass or authorisation granted under this Act shall be responsible, as well as the actual offender, for any offence committed by any person in his employ or acting with his express or implied permission on his behalf under the provisions of this Act as if he himself had committed the same, unless he shall establish that all due and reasonable precautions were exercised by him to prevent the commission of such offence :

¹* * *

S.80 Import, export, etc., of intoxicant by any person on account of another.

(1) Whenever any intoxicant, hemp, mhowra flowers or molasses are manufactured, imported, exported, transported, sold, or are possessed by any person on account of any other person and such other person knows or has reason to believe that such manufacture, import, export, transport, sale or possession is, on his account, the intoxicant, hemp, mhowra flowers or molasses, as the case may be, shall, for the of purposes of this Act, be deemed to have been manufactured, imported, exported, transported or sold by or to be in possession of, such other person.

(2) Nothing in sub-section (1) shall absolve any person from liability to any punishment under this Act for the unlawful manufacture, import, export, transport, sale or possession of such articles.

S.81 Penalty for attempt or abetment.

Whoever attempts to commit or abets the commission of an offence under this Act shall, on conviction, be punished for such attempt or abetment with the same punishment as is provided for the principal offence.

S.82 Breach of licence, permit, etc., to be an offence.

(1) In the event of any breach by the holder of any licence, permit, pass or authorisation granted under this Act or by his servants or by any person acting with his express or implied permission on his behalf of any of the terms or conditions of such licence, permit, pass or authorisation such holder shall, in addition to the cancellation or suspension of the licence, permit, pass or authorisation granted to him be punished, on conviction, with imprisonment for a term which may extend to six months or with fine which may extend to ¹five thousand or with both, unless it is proved that all due and reasonable precautions were exercised by him to prevent any such breach.

(2) Any person who commits any such breach shall, whether he acts with or without the permission of the holder of the licence, permit, pass or authorisation be liable to the same punishment.

S.83 Penalty for conspiracy.

When two or more persons agree-

(a) to commit or cause to be committed any offence under this Act, or

(b) ¹* * * * to commit a breach or a condition of a licence, permit, pass or authorization,

each of such persons shall, on conviction, be punished with ²[imprisonment for a term which shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty-five thousand rupees but which may extend to fifty thousand rupees] or with both.

S.84 Penalty for being found drunk in any drinking house.

Whoever is found drunk or drinking in a common drinking house or is found there present for the purpose of drinking shall, on conviction, be punished with fine which may extend to ¹[five thousand rupees]. 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.

S.85 Penalty for being drunk and for disorderly behaviour.

¹[(1) Whoever in any street or thoroughfare or public place or in any place to which the public have or are permitted to have access, behaves in a disorderly manner under the influence of drink shall, on conviction, be punished,-

(a) for a first offence, with rigorous imprisonment for a term which may extend to six months and with fine which may extend to ²[ten thousand rupees] :

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 ³[five thousand rupees]; and

S.86 Penalty for allowing any premises to be used for purpose of committing an offence under Act.

(1) Whoever, being the owner or occupier or having the use or care or management or control of any place, knowingly permits it to be used for the purpose of the commission by any other person of any offence punishable under this Act, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to ¹[ten thousand rupees] or with both;

Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, the imprisonment shall not be less than three months and fine shall not be less than ²[five thousand rupees].

³[(2) Any owner who has leased out his premises to be used by other person under any agreement shall not be held responsible for an offence under sub-section (1

S.87 Penalty for chemist, druggist or apothecary for allowing his premises to be used for purpose of consumption of liquor.

A chemist, druggist, apothecary or keeper of a dispensary who allows any liquor, which has not been bona fide medicated for medicinal purposes according to the prescription of a ¹[registered medical practitioner] or any intoxicating drug to be consumed on his business premises by any person, shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to ²[ten thousand rupees] or with both.

S.88 Penalty for issuing false prescriptions.

If a ¹[registered medical practitioner] issues a prescription with the intention that such prescription shall be used by the person to whom it is issued for the purpose of consuming liquor, intoxicating drug or opium in contravention of the provisions of this Act, or rule, regulation or order made thereunder or any licence, permit, pass or authorization granted under this Act, he shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to ²[ten thousand rupees] or with both.

S.89 Penalty for maliciously giving false information.

Any person who maliciously and falsely gives information to any person exercising powers under this Act leading to a search, seizure, detention or arrest shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to ¹[ten thousand rupees] or with both.

S.90 Penalty for offences not otherwise provided for.

Whoever is guilty of any wilful act or intentional omission in contravention of the provisions of this Act, or any rule, regulation, or order thereunder or of any licence, permit, pass or authorization granted under this Act, and if such act or omission is not otherwise made an offence under this Act shall, on conviction, be punished with the imprisonment for a term which may extend to six months or with fine which may extend to ¹[five thousand rupees] or with both.

S.91 Demand for security for abstaining from commisssion of certain offences.

(1) Whenever any person is convicted of an offence punishable under this Act, the Court convicting such person, may, at the time of passing the sentence on such person, order him to execute a bond for a sum proportionate to his means with or without sureties to abstain from the commission of offences punishable under the provisions of this Act during such period not exceeding three years as it may direct.

(2) The bond shall be in such form as may be provided under the provisions of the Code of Criminal Procedure, ¹1898 (V of 1898), and the provisions of the said Code shall in so far as they are applicable apply to all matters connected with such bond if it were a bond to keep the peace ordered to be executed under section 106 of the said Code.

(3) If the conviction is set aside in appeal the bond so

S.92 (Deleted).

[Release of offenders on bond.] Deleted by Bom. 67 of 1953, s. 2

S.93 Demand of security for good behaviour.

(1) Whenever a ¹[Presidency Magistrate specially empowered by the State Government in this behalf in ²Greater Bombay and elsewhere, a District Magistrate or Sub-Divisional Magistrate] receives information that any person within the local limits of his jurisdiction habitually commits or attempts to commit or abets the commission of any offence punishable under this Act such Magistrate may require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period not exceeding three years as the Magistrate may direct.

(2) The provisions of the Code of Criminal Procedure, 1898 (V of 1898), ³shall in so far as 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 110 of the said Code.

S.94 Execution of bonds in respect of minors.

If any person in respect of whom a bond is ordered to be executed under ¹[sections 91 and 93] is a minor, the bond shall be executed by his guardian.

S.95 Punishment for vexatious search, seizure or arrest.

Any officer or person exercising powers under this Act who-

(a) maliciously enters or searches or causes to be entered or searched, any building or house or similar dwelling place; or

(b) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for anything liable to confiscation under this Act; or

(d) in any other way maliciously exceeds or abuses his lawful powers, shall, on conviction, be punished with impriso

S.96 Punishment for vexatious delay.

¹[96. Punishment for vexatious delay.- Any officer or person exercising powers under this Act who vaxatiously and unnecessarily delays forwarding to a Magistrate or to the officer-in-charge of the nearest police station as required by the provisions of this Act any person arrested or article seized under this Act shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to ²[ten thousand rupees] or with both.]

S.97 Punishment for abetment for escape of persons arrested.

Any officer or person exercising power under this Act, who-

(a) unlawfully releases any person arrested under this Act, or

(b) abets the escape of any person arrested under this Act, or

(c) abets the commission of any offence against this Act, and any other officer of the ¹[Government] or of a local authority who abets the commission of any offence against this Act, ²[shall, on conviction, be punished,-

(i) if such act is done intentionally, with imprisonment for a term whic

S.98 Things liable to confiscation.

(1) Whenever any offence punishable under this Act has been committed-

(a) any intoxicant, hemp, mhowra flowers, molasses, materials, still, utensil, implement or apparatus in respect of which the offence has been committed,

(b) where in the case of an offence involving illegal possession the offender has in his lawful possession any intoxicant, hemp, mhowra flowers or molasses other than those in respect of which an offence under this Act has been committed, the entire stock of such intoxicant, hemp, mhowra flowers or molasses,

S.99 Return of things liable to confiscation to bona fide owners.

When during the trial of a case for an offence under this Act the Court decides that anything is liable to confiscation under the foregoing section, the Court may, after hearing the person, if any, claiming any right thereto and the evidence, if any, which he produces in support of his claim, order confiscation, or in the case of any article other than an intoxicant, hemp, mhowra flowers or molasses give the owner an option to pay fine as the Court deems fit in lieu of confiscation :

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.

S.100 Procedure in confiscation.

When an offence under this Act has been committed and the offender is not known or cannot be found or when anything liable to confiscation under this Act is found or seized, the ¹[Commissioner], Collector or any other officer authorised by the ²[State] Government in this behalf may make an inquiry and if after such inquiry is satisfied that an offence has been committed, may order the thing found to be confiscated:

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, if any, claiming any right thereto] and the evidence, if any, which he produces in support of his claim.

S.101 Power of Colletor, etc., to order sale or destruction of articles liable to confiscation.

If the thing in question is liable to speedy and natural decay, or if the ¹[Commissioner], Collector, ²[Court] or the officer authorized by the ³[State] Government in this behalf is of opinion that the sale would be for the benefit of the owner, the ⁴[Commissioner], Collector, ⁵[Court] or the officer may at any time direct it to be sold and the provisions of section 99 or 100 shall apply so far as may be to the net proceeds of the sale:

⁶[Provided that, where anything is liable to speedy and natural decay, or is of trifling value, the Court, or the officer concerned may order such thing to be destroyed, if in its or his opinion such order is expedient in the circumstances of the case.]

S.102 Forfeiture of any publication containing advertisement or matter soliciting use of intoxicants.

102. Forfeiture of any publication containing advrtisement or matter ¹[soliciting] use of intoxicants.- (1) Where any newspaper, news-sheet, book, leaflet or other publication wherever printed or published appears to the ²[State] Government to contain any advertisement or matter ³* soliciting the use of, or offering any intoxicant or hemp, the ⁴[State[ Government may, by notification in the Official Gazette, declare every copy of such newspaper, news-sheet, book, leaflet, booklet or other publication whether printed or published in the ⁵[State] or outside to be forfeited to ⁶[the State Government], and thereupon any Police Officer may seize the same wherever found in the ⁷[State]. Any Magistrate may by warrant authorize any Police Officer not below the rank of Sub-Inspector to enter upon and search for the same i

S.103 Presumption as to commission of offences in certain cases.

(i) In prosecutions under any of the provisions of this Act, it shall be presumed without further evidence until the contrary is proved, that the accused person has, committted an offence under this Act in respect of any intoxicant, hemp, mhowra flowers or molasses or any still, utensil, implement or apparatus, whatsoever, for the manufacture of any intoxicant ¹* * * *

²[or any materials which have undergone any process towards the manufacture of any intoxicant or from which an intoxicant has been manufactured,] for the possession of which he is unable to account satisfactorily.

³* *

S.103A (Deleted)

[Report of certain registered medical officers as evidence]. Deleted by Bom. 12 of 1959, s. 12.

S.104 Compounding of offences.

(1) The ¹[State[ Government may sanction the acceptance from any person whose licence, permit, pass or authorization is liable to be cancelled or suspended under the ²[provisions of sections 54 and 56] or who is reasonably suspected of having committed an offence under sections ³[ ⁴[67A, 67B, 69, 73, 74, 76], 77, 82 or[ 108, of a sum of money in lieu of such cancellation or suspension or by way of composition for the offence which may have been committed, as the case may be; and in all cases in which any property other than the intoxicant, hemp, mhowra flowers or molasses has been seized as liable to confiscation under this Act may release the same on payment of the value thereof as estimated by the ⁵[State] Government or such officer as the ⁶[State] Government may authorize in this behalf :

Provided that where a pers

S.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.

¹[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.-Nothing in the Bombay Probation of Offenders Act, 1938 (Bom. XIX of 1938), or ²[in any law corresponding to that Act in force in any part of the State or in the Probation of Offenders Act, 1958 (XX of 1958), where that Act is brought into force in any part of the State, or in] section 562 of the ³*Code of Criminal Procedure, 1898 (V of 1898), shall apply to any person convicted of any offence under this Act].

S.105 Excise duties.

¹[(1)] An excise duty or countervailing duty, as the case may be, at such rate or rates as the ²[State] Government shall direct may be imposed either generally or for any specified local area on-

(a) any alcoholic liquor for human consumption,

(b) any intoxicating drug ³]or hemp]:

⁴[(c) opium,]

(d) any other excisable article,

when imported, exported, transported, possessed, manufactured or sold ⁵[in or from the ⁶[State], as the case may be]:<

S.106 Manner of levying excise duties.

Subject to any regulations to regulate the time, place and manner of payment made by the ¹[Commissioner] in this behalf, the duties referred to in section 105 may be levied in one or more of the following ways:-

(a) in the case of an excisable article imported-

(i) by payment either in the ²[State] at the time of its import or in the ³[State] or territory of export at the time of its export, or

(ii) by payment upon issue for sale from a warehouse established or licensed under the provisions of this Act;

S.107 (Deleted)

[Power to exempt, remit or refund excise duty]. Deleted by Bom. 22 of 1960, s. 69.

S.107A Declaration of stock of articles mentioned in section 24A; maintenance of accounts and submission of returns.

¹[107A. Declaration of stock of articles mentioned in section 24A; maintenance of accounts and submission of returns.- Every person who imports or manufactures any of the articles mentioned in section 24A shall-

(a) submit to the Collector within such period and in such form, as may be prescribed, a declaration of the quantity of such article in his possession on the importation or manufacture of the said article, as the case may be;

(b) maintain accounts of the articles in such form and submit such returns as may be prescribed.

S.107B Power to obtain information and to search and seize excisable articles.

(1) The Collector or any officer empowered by the State Government in this behalf may, subject to such conditions as may be prescribed,-

(a) by order require any person liable to pay any excise duty or fee under this Chapter to furnish him with any information or to produce before him any accounts or other documents concerning any excisable article as may be necessary, for the purposes of this Chapter;

(b) inspect at all reasonable hours the accounts or other documents relating to the stocks of any excisable article imported or manufactured or stored in respect of which such duty or fee has been paid or is payable and any place where such article is manufactured or stored;

S.108 Penalty for import, export, etc. of intoxicant etc. without payment of duty.

¹[108. Penalty for import, export, etc. of intoxicant etc. without payment of duty.-Whoever, holding a licence, permit, pass or authorization under this Act, imports, exports, transports, possesses, sells or manufactures any intoxicant without payment of duty or fee provided for under this Act shall, on conviction, in addition to the duty or fee required to be paid by him under this Act, be punished,- (a) for the first offence, with imprisonment for a term which may extend to one year and with fine which shall not be less than three times of the amount of the duty or fee evaded by him;

(b) for the second offence, with imprisonment for a term which may extend to eighteen months and with fine which shall not be less than four times of the amount

S.109 Duty on tapping of toddy trees.

(1) For every toddy producing tree ¹[which is tapped or licensed to be tapped or in respect of which a licence for drawing toddy therefrom is granted] there shall, if the ²[State] Government so directs, be levied for any period during which such tree is tapped or licensed to be tapped, such duty as the ³[State] Government may from time to time direct.

(2) Every licence ⁴[for the tapping of, and drawing toddy from, toddy producing trees] granted under this Act shall specify in addition to any other particulars prescribed under the provisions of this Act or rules and regulations-

(a) the number, description and situation of the trees to be tapped,

The duty on toddy producing trees shall be leviable primarily from the person holding the licence ¹[to tap them and to draw toddy therefrom] and in default by him or if the trees are tapped without licence, from the owner of the trees.

S.111 Owner of trees entitled to assistance for duty paid.

When the duty on toddy producing trees, is levied from the owner of, the trees, he shall be entitled to assistance in recovering the same, from the holder of the licence under the provisions of the law for the time being in force relating to the recovery by superior holders of their dues from their tenants.

S.112 Privilege of drawing toddy from trees belonging to Government.

The privilege of drawing toddy from trees the right to which vests in the ¹[State] Government may be disposed of ²* by auction or otherwise on such terms as the Collector deems fit.

S.113 (Deleted)

[Rules for levy of duty on opium, etc.] Deleted by Bom. 22 of 1960, s. 74.

S.1 Short title, extent and commencement.

(1) This Act may be cited as ¹[the Maharashtra Prohibition Act.]

²(2) It extends to the whole of the ³[State of Maharashtra]

⁴(3) It shall come into force ⁵[in the area comprising the pre-Reorganisation State of Bombay] on such date as the ⁶[State] Government may by notification in the Official Gazette ⁷[specify].

In those areas of the State to which it is extended by the Bombay Prohibition (Extension and Amendment) Act, 1959 (Bom.XII of 1959), it shall come into force on such other date as that Government may, by like notification appoint :

Provided that having regard to the nature of the outstill area of the C

S.2 Definitions.

In this Act, unless there is anything repugnant in the subject or context,-

(1) "authorization" means an authorization granted under section 45 for the use of liquor for sacramental purposes;

(2) "to bottle" with its various grammatical variations, means to transfer any article from a cask or other vessel to a bottle, jar, flask, pot or similar receptacle for the purpose of sale, whether any process of manufacture be employed or not; bottling includes re-bottling;

¹ * * * * * * * *

²[(4) "Collector" includes an officer appointed by the State Government to exercise all or any of the powers and to perform all or any of the duties or functions

S.3 Commissioner of Prohibition and Excise.

The ¹[State] Government may, by notification in the Official Gazette, appoint an officer to be called the ²[Commissioner of Prohibition and Excise], who subject to the control of the ³[State] Government and subject to such general or special orders as the ⁴[State] Government may from time to time make, shall exercise such powers and shall perform such duties and such functions as are conferred upon, by or under the provisions of this Act and shall superintend the administration and carry out generally the provisions of this Act :

⁵[Provided that, the person holding the office of Director of Prohibition and Excise immediately before the commencement of the Maharashtra Director of Prohibition and Excise (Change in Designation) Act, 1973 (Mah. LII of1973) shall be the Commissioner of Prohibition and Excise for the State and shall hold that Office until the State Govern

S.5 Subordinate officers.

To aid the ¹[Commissioner] and the Collectors in carrying out the provisions of this Act, the ²[State] Government may appoint such subordinate officers with such designations, and assign to them such powers, duties and functions under this Act, rules or regulations or orders made thereunder, as may be deemed necessary.

S.6 Investing officers of Police and other departments with powers and duties under this Act.

(1) The ¹[State ] Government may invest any officer of the Police department or any officer of any other department either personally or in right of his office with such powers, impose upon him such duties and direct him to perform such functions under this Act, rules or regulations or orders made thereunder, as may be deemed necessary and any such officers shall, thereupon, exercise the said powers, discharge the said duties and perform the said functions in addition to the powers, duties and functions incidental to his principal office.

(2) The ²[State ] Government may also invest any person ³* * * with such powers, impose on him such duties and direct him to perform such functions under this Act, rules or regulations or orders made thereunder, as may be deemed necessary. Such persons may be given such designation as the ⁴

S.6A Board of Experts.

¹[6A. Board of Experts. ²](1) ³[For the purpose of enabling the State Government to determine ] whether-

(a) any medicinal or toilet preparation containing alcohol, or

(b) any antiseptic preparation or solution containing alcohol, or

(c) any flavouring extract, essence or syrup containing alcohol, ⁴[is an article fit for use as intoxicating liquor, the State Government shall constitute a Board of Experts.]

(2) The Board of Experts constituted under sub-section (1) shall consist of such members, not less t

S.7 Other Boards and committees.

¹[Other Boards and committees].- (1) The ²[State] Government may appoint ³[other boards and committees] to advise and assist officers in carrying out the provisions of this Act.

(2) Such ⁴[other boards and committees] shall perform such functions ⁵[as may be prescribed.]

(3) The constitution of such ⁶[other boards and committees] and the procedure regarding their work shall be as may be prescribed.

(4) The ⁷[State ] Government may direct that the members of such ⁸[other boards and committees [ shall be paid such fees and allowances as may be prescribed.

S.8 Medical Boards.

(1) The ¹[State ] Government may constitute one or more medical boards ²[or panels thereof[ for such areas and consisting of such members as it may deem fit.

(2) A medical board ³[or a panel thereof ] so constituted shall perform such functions ⁴[as are prescribed[.

(3) The procedure regarding the work of the medical board ⁵[or a panel thereof[ shall be as may be prescribed.

(4) The members of the medical board ⁶[or a panel thereof[ shall be entitled to such fees and allowances as may be prescribed.

S.9 Control of Commissioner over Prohibition officers and other officers.

S.10 Delegation.

(1) The ¹[State] Government may delegate any of the powers exercisable by it under this Act to the ²[Commissioner] or such other officers as it deems fit.

(2) Subject to the control and direction of the ³[State] Government the powers conferred on the ⁴[Commissioner] or any other officer appointed or invested with powers under this Act may be delegated by him to any of his subordinates.

S.11 Manufacture, etc., of intoxicant to be permitted in accordance with provisions of Act, rules, etc.

Notwithstanding anything contained in the following provisions of this Chapter, it shall be lawful to import, export, transport, manufacture ¹[bottle], sell, buy, possess, use or consume any intoxicant or hemp ²[or to cultivate or collect hemp] or to tap any toddy producing tree or permit such tree to be tapped or to draw toddy from such tree or permit toddy to be drawn therefrom in the manner and to the extent provided by the provisions of this Act ³[or] any rules, regulations or orders made or in accordance with the terms and conditions of a licence, permit, pass or authorization granted thereunder.

S.11A Power of Gram Sabha to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant.

¹[11A. Power of Gram Sabha to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant.- Notwithstanding anything contained in section 11 or any other provisions of this Act, in respect of any Scheduled Area falling within the jurisdiction of a Gram Sabha and a Panchayat or a Panchayat Samiti or a Zilla Parishad, as the case may be, it shall be competent for such Gram Sabha or a Panchayat or the Panchayat Samiti or the Zilla Parishad to enforce prohibition or to regulate or restrict the sale and consumption of intoxicant in Scheduled areas within its jurisdiction :

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

S.12 Power of Gram Sabha to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant.

No person shall-

(a) manufacture liquor;

(b) construct or work any distillery or brewery;

(d) sell or buy liquor.

S.13 Prohibition of sale, etc., 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, implement or apparatus whatsoever for the manufacture of any liquor.

S.14 Prohibition of export, import, transport, sale, manufacture, etc., of intoxicating drugs.

No person shall-

(a) export, import, transport or possess any intoxicating drug;

(b) cultivate or collect the hemp ¹* * *

(c) use, keep or have in his possession any materials, still, utensils, implements or apparatus whatsoever for the manufacture of any intoxicating drug;

(d) sell or buy any intoxicating drug;

(e) consume or use any intoxicating drug; or

S.15 Prohibition of import, export, transport, sale, etc., of sweet toddy.

No person shall-

(a) import, export, transport or possess sweet toddy or nira;

(b) bottle sweet toddy or nira for sale; or

S.16 Prohibition of tapping of toddy producing trees and drawing of toddy.

No person shall—

(a) tap any toddy producing tree or permit to be tapped any toddy producing tree belonging to him or in his possession; or

(b) draw toddy from any tree or permit toddy to be drawn from any tree belonging to him or in his possession.

S.17 Prohibition of possession, etc., of opium.

No person shall-

(a) possess opium;

(b) transport opium;

(d) sell or buy opium; or

(e) consume or use opium.

S.18 Prohibition of sale to minors.

S.19 (Deleted.)

S.20 Prohibition or production, etc., of charas.

No person shall-

(a) produce,(f) transport,

(b) manufacture,(g) buy,

(d) export,No person shall-

(a) alter or attempt to alter any denatured spirit by dilution with water or by any method whatsoever, with the intention that such spirit may be used for human consumption, whether as a bewerage or internally as a medicine or in any other way whatsoever; or

(b) have in his possession any denatured spirit in respect of which he knows or has reason to believe that such alteration or attempt has been made.

S.21A Alteration of denatured spirituous preparation.

¹[21A. Alteration of denatured spirituous preparation.- No person shall-

(a) alter or attempt to alter any denatured spirituous preparation by dilution with water or by any method whatsoever, with the intention that such preparation may be used for human consumption as an intoxicating liquor; or br

(b) have in his possession any denatured spirituous preparation in respect of which he knows or has reason to believe that such alteration or attempt has been made.]

S.22 Prohibition of allowing any premises to be used as common drinking house.

No person shall-

(a) open or keep or use any place as a common drinking house; or

(b) have the care, management or control of, or in any manner assist in conducting the business of, any place opened, or kept or used as a common drinking house.

S.22A Prohibition of issuing prescriptions for intoxicating liquor except by registered medical practitioners.

¹[22A. Prohibition of issuing prescriptions for intoxicating liquor except by registered medical practitioners.- (1)No person other than a registered medical practitioner, shall issue any prescription for any intoxicating liquor.

(2) No registered medical practitioner shall prescribe such intoxicating liquor, unless he believes in good faith after careful medical examination of the person for whose use such prescription is sought, that the use of such intoxicating liquor by such person is necessary, and will afford relief to him from some known ailment.

(3) A registered medical practitioner shall state, in every prescription for intoxicating liquor issued by him, the name and address of the person to whom issued, the date of issue, directions for use, a

S.23 Prohibition of soliciting use of intoxicant or hemp or doing any act, calculated to incite or encourage member of public to commit offence.

No person shall-

(a) ¹* solicit the use of ²[or] offer any intoxicant or hemp; or

³* * * * * * * *

(c) do any act which is calculated to incite or encourage any member of the public or a class of individuals or the public generally to commit any offence under this Act or to commit a breach of any rule, regulation or order made thereunder or the conditions of any licence, permit, pass or authorization granted thereunder.

S.24 Prohibition of publication of advertisements relating to intoxicant, etc.

(1) No person shall print or publish in any newspaper, news-sheet, book, leaflet, booklet or any other single or periodical publication or otherwise display or distribute any advertisement or other matter,-

(a) which ¹solicits the use of or offers any intoxicant or hemp;

(b) which is calculated to encourage or incite any individual, class of individuals or the public generally to commit an offence under this Act, or to commit a breach of or to evade the provisions of any rule, regulation or order made thereunder or the conditions of any licence, permit, pass or authorization granted, thereunder.

(2) Save as otherwise provided in sub-section (3), noth

S.25 Exemption of preparations.

The ¹[State] Government may, by notification in the Official Gazette, direct that any preparation containing alcohol not exceeding a specified percentage by volume shall be exempt from any of the provisions of this Act or rules, regulations or orders made thereunder.

S.26 Distilleries and warehouses for intoxicants.

The ¹[State Government] may-

(a) establish a distillery in which spirit may be manufactured in accordance with a licence issued under this Act on such conditions as the ²[State[ Government deems fit to impose;

(b) discontinue any distillery established;

(c) licence, on such conditions as the ³[State] Government deems fit to impose the construction and working of a distillery or brewery;

S.27 Intoxicant or hemp not to be removed from warehouse, etc.

No ¹[intoxicant], hemp, mhowra flowers or molasses shall be removed from any distillery, warehouse or other place of storage established or licensed under this Act, except under a pass and unless the duty, if any, imposed under the provisions of this Act, has been paid or a bond has been executed for the payment thereof.

S.28 Passes for import, etc.

(1) The ¹[State] Government may, by general or special order, authorise a Collector or any other officer to grant passes for the import, export or transport, of any ²[intoxicant] or hemp.

(2) Such passes may be either general for definite periods of time and definite kinds of ³[intoxicant] or hemp or special for specified occasions and particular consignments only.

(3) Every such pass shall specify-

(a) the name of the person authorized to import, export or transport ⁴[intoxicant] or hemp;

(b) the period for which the pass is to be in force;

S.29 Through transport.

¹[Through transport.-The through transport-

(a) of any consignment of any intoxicant, hemp, denatured spirituous preparation, mhowra flowers or molasses by a railway administration or by any steamer, ferry, road transport or air service, or

(b) of any intoxicant, hemp, denatured spirituous preparation, mhowra flowers or molasses, otherwise than by way of consignment,

shall be subject to such conditions as may be prescribed.]

S.30 (Deleted)

[Licence for possession of denatured or rectified spirit and alcohol for industrial or medical purposes.] Deleted by Bom. 22 of 1960, s. 15]

S.31 Licences for bona fide medicinal or other purposes.

¹[Licences for bona fide medicinal or other purposes.-The State Government may by rules or by an order in writing, authorise an officer to grant licences to any person, or institution, whether under the management of Government or not, for the manufacture, sale, purchase, possession, consumption, or use of any intoxicant or hemp or any article containing an intoxicant or hemp for a bona fide medicinal, scientific, industrial or educational purposes :

Provided that, where any intoxicant or hemp, or article containing such intoxicant or hemp, has been obtained by any person for a bona fide medicinal purpose, from any person or institution licensed to sell the same under this section, it shall not be necessary for such person to obtain a licence for the possession, purchase, consumption or use thereof :

Provided furt

S.24A This Chapter not to apply to certain articles.

¹[24A.This Chapter not to apply to ²[certain articles.].-Nothing in this Chapter shall be deemed to apply to-

(1) any toilet preparation containing alcohol which is unfit for use as intoxicating liquor;

(2) any medicinal preparation containing alcohol which is unfit for use as intoxicating liquor;

³[(3) any antiseptic preparation or solution containing alcohol which is unfit for use as intoxicating liquor;

(4) any flavouring extract, essence or syrup containing alcohol which is unfit for use as intoxicating liquor:]

Provided that 4[such article] corresponds with the description and limitat

S.114 Recovery of duties, etc.

¹[114. Recovery of duties, etc.-(1) All duties, taxes, fines (except fines imposed by a Court) and fees leviable under any of the provisions of this Act or in respect of any licence, permit, pass or authorisation granted under it and the cost of the supervising staff appointed under section 58A ²[if not paid within the due date or the prescribed period, shall be recovered from any person liable to pay the same or from his surety, if any, with simple interest at the rate of 2 per cent. per month, from the date it has become due, as if they were arrears of land revenue].

(2) When any person, in compliance with any rule, regulation or order made under this Act, gives a bond (other than a bond under section 91 or 93) for the performance of an act, or for his abstention, from any act, such performance or abstentio

S.115 Magistrate’s power to impose enhanced penalties.

¹[115. Magistrate’s power to impose enhanced penalties.-Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (V of 1898), ²* it shall be lawful for any Presidency Magistrate or any Magistrate of the First Class to pass any sentence authorized by this Act in exercise of his powers under section 32 of the said Code, provided that the fine shall not exceed three thousand rupees.]

S.116 Procedure to be followed by Magistrates.

In all trials for offences under this Act, the Magistrate shall follow the procedure prescribed in the Code of Criminal Procedure, 1898(V of 1898) ¹* for the trial of summary cases in which an appeal lies.

S.116A Tender of pardon to accomplice.

¹[116A. Tender of pardon to accomplice.- (1) Whenever two or more persons are prosecuted for an offence under this Act, a Presidency Magistrate or any Magistrate of the First Class may, at any stage of the investigation or inquiry into or the trial of offence, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to the offence, tender a pardon to such person on condition of his making a full and true disclosure of all facts within his knowledge relating to the offence.

(2) Every Magistrate, who tenders a pardon under sub-section (1), shall record his reasons for so doing.

(3) Every person, accepting a tender under this section, shall be examined as a witness in the Court of the Magistrate taking cognisance of the offence

S.117 Investigations, arrests, searches, etc., how to be made.

Save as otherwise expressly provided in this Act, all investigations, arrest, detentions in custody and searches shall be made in accordance with provisions of the Code of Criminal Procedure, 1898¹(V of 1898):

Provided that ²* * * * no search shall be deemed to be illegal by reason only of the fact that witnesses for the search were not inhabitants of the locality in which the place searched is situated.

S.118 Procedure of Code of Criminal Procedure relating to cognizable offences to apply.

¹[118. Procedure of Code of Criminal Procedure relating to cognizable offences to apply.-In the absence of any provision to the contrary in this Act, the provisions of the Code of Criminal Procedure, 1898(V of 1898)² with respect to cognizable offences shall apply to offences under this Act.

S.119 Certain offences to be non-bailable.

Offences under ¹[sections 65, 67, 67A, 67C, 68, 70, 72, and 83] shall be non-bailable].

S.120 Power of entry and inspection.

¹[120. Power of entry and inspection.- The ²[Commissioner], Collector or any Prohibition Officer duly empowered in this behalf by the State Government, or any Police Officer may-

(a) enter at any time by day or by night, any warehouse, godowns, shop, premises, house, building, vessel, vehicle or enclosed place in which he has reason to believe that any intoxicant, hemp, mhowra flowers, molasses, material or article liable to confiscation under this Act is manufatured, kept or concealed or that any still, utensil, implement or apparatus is used, kept, or concealed for the purpose of manufacturing any intoxicant contrary to the provisions of this Act;

(b) in case of resistance

S.121 Power to open packages, etc.

(1) Any Prohibition Officer duly empowered in this behalf by the ¹[State] Government or any Police Officer may open any package and examine any goods and may ²[stop and search] for any intoxicant, hemp, mhowra flowers, or molasses any vessel, vehicle or other means of conveyance ³[and may seize any intoxicant, hemp, mhowra flowers, molasses or any other thing liable to confiscation or forfeiture under this Act or any other law for the time being in force relating to excise revenue found while making such search.]

(2) The unloading and carrying of goods, the bringing of them to the place appointed under sub-section (3) for examination, the opening and repacking of them, where such operations ⁴[are necessary for searches made] under this section and the removing of goods to and placing of them in the place appointed under sub-s

S.122 Power to require production of licences.

¹[l22. (1) The 9[Commissioner] or Collector or any Prohibition Officer duly empowered in this behalf by the State Government or any Police Officer may- (a) require a licensed manufacturer or vendor or tapper or drawer of toddy or a person in the employ of such manufacturer or vendor or tapper or drawer of toddy or with his express or implied permission on his behalf to produce the licence, permit, pass or authorisation issued under this Act under which he carries on the manufacture, storage, or sale of any intoxicant, hemp, mhowra flowers or molasses or taps, toddy-producing trees or draws toddy therefrom; (b) enter and inspect, at any time by day or by night, any land on which toddy-producing trees are growing, whether such trees are licensed for tapping or not, and any warehouse, godown, shop or premises in which any licensed manufacturer or vendor manufactures, stores, or sells any intoxicant, hemp, mhowra flowers or molasses and examine, test, measur

S.123 Arrest of offenders and seizure of contraband articles.

¹[122.Power to require production of licences.- (1) The 9[Commissioner] or Collector or any Prohibition Officer duly empowered in this behalf by the State Government or any Police Officer may-

(a) require a licensed manufacturer or vendor or tapper or drawer of toddy or a person in the employ of such manufacturer or vendor or tapper or drawer of toddy or with his express or implied permission on his behalf to produce the licence, permit, pass or authorisation issued under this Act under which he carries on the manufacture, storage, or sale of any intoxicant, hemp, mhowra flowers or molasses or taps, toddy-producing trees or draws toddy therefrom;

(b) enter and inspect, at any time by day or by night, any land on which toddy

S.124 Power to obtain information.

(1) The ¹[Commissioner] or Collector or any Prohibition Officer specially empowered in this behalf by the ²[State] Government or a Police Officer may, by order require any person to furnish to any specified authority or person any such information in his possession concerning any intoxicant, hemp, mhowra flowers or molasses as may be specified in the order.

(2) If any person fails to furnish any information in compliance with the order made under sub-section (1) or furnishes false information, he shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.

S.125 Power to seize intoxicants, etc.

The ¹[Commissioner] or Collector or any Prohibition Officer duly empowered in this behalf or any Police Officer may-

(a) seize in any open place, or in transit any intoxicant, hemp, mohwra flowers or molasses or any other thing which he has reason to believe to be liable to ²[confiscation or forfeiture] under this Act or any other law for the time being in force relating to excise revenue ³[and any document or other article which he has reason to believe may furnish evidence of the commission of any offence under this Act];

(b) detain and search any person whom he has reason to believe to be guilty of any offence under this Act or any other law for the time being in force relating to excise revenue, and if su

S.126 Arrest without warrant.

The ¹[Commissioner] or Collector or any Prohibition Officer duly empowered in this behalf by the ²[State] Government or any Police Officer may arrest without an order from a Magistrate and without warrant any person who obstructs him in the execution of his duties under this Act or who has escaped or attempts to escape from custody in which he has been or is lawfully detained under this Act.

S.127 Arrest of offenders failing to give names.

(1) When any person who in the presence of the [Commissioner], Collector or any Prohibition Officer not below such rank as the ¹[State] Government may determine, has committed or has been accused of committing an offence under this Act, refuses on demand of such officer to give his name and residence or gives a name and residence which such officer has reason to believe to be false, he may be arrested by such officer, in order that his name or residence may be ascertained.

(2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond with or without sureties, to appear before ²[a Magistrate having jurisdiction] when so required :

Provided that if such person is not resident in ³[India], the bond shall be secured, by a surety or sureties residing in ⁴[India

S.128 Issue of warrants.

(1) The ¹[Commissioneric95463, Collector or any Prohibition Officer duly empowered in this behalf ²[or in ³Greater Bombay, a Deputy Commissioner of Police or ⁴[an Assistant Commissioner of Police]] in charge of a Division, or a Magistrate or ⁵[a Superintendent of Police] or an Assistant or Deputy Superintendent of Police specially empowered by the ⁶[State] Government in this behalf may issue a warrant-

(a) for the arrest of any person whom he has reason to believe to have committed an offence under this Act or any other law relating to the excise revenue for the time being in force;

(b) for the search whether by day or by night of any building, vehicle or place in which

S.128A Certain provisions to apply to denatured sprituous preparations.

¹[l28A. Certain provisions to apply to denatured sprituous preparations.The provisions of sections 80, 98, 99, 103 (1), 104, 120, 121, 122, 123, 124, 125, 128, 135 and 139 shall apply to denatured sprituous preparations as they apply to any intoxicant under this Act.]

S.129 Prohibition officers may be empowered to investigate offences.

(1) The ¹[State] Government may empower any Prohibition Officer to investigate offences under this Act.

(2) An officer empowered under sub-section (1) shall in the conduct of such investigation exercise the powers conferred by the Code of Criminal Procedure, 1898 (V of 1898); ²upon an officer in charge of a Police Station for the investigation of congnizable offences.

(3) Any Prohibition Officer to whom such officer is subordinate may during the course of the investigation, take over the investigation himself or direct any other Prohibition Officer duly empowered to conduct the same. The Officer in conducting the investigation shall have the same powers under sub-sections (1) and (2) as if he were the Prohibition Officer appointed for the area or for the purpose of investigating the said offence.

(4) If the Prohibition Officer conducting the investigation i

S.129A Power to require persons to submit to medical examination, etc.

¹[129A. Power to require persons to submit to medical examination, etc.- (1) Where in the investigation of any offence under this Act, any Prohibition Officer, duly empowered in this behalf by the State Government or any Police Officer has reasonable ground for believing that a person has consumed an intoxicant and that for the purpose of establishing that he has consumed an intoxicant or for the procuring of evidence thereof it is necessary that his body be medically examined, or that his blood be collected for being tested for determining the percentage of alcohol therein, such Prohibition Officer or Police Officer may produce such person before a registered medical practitioner (authorised by general or special order by the State Government in this behalf) for the purpose of such medical examination or collection of blood, and request such registered medical practitioner to furnish

S.129B Documents or reports of registered medical practitioner, etc., as evidence.

Any document purporting to be-

(a) a certificate under the hand of a registered medical practitioner, or the Chemical Examiner or Assistant Chemical Examiner to Government, under section 129A or of an officer appointed under sub-section (1) of that section, or

(b) a report under the hand of any registered medical practitioner, in any hospital or dispensary maintained by the State Government or a local authority or any other registered medical practitioner authorised by the State Government in this behalf in respect of any person, examined by him or upon any matter or thing duly submitted to him for examination or analysis and report, may be used as evidence of the facts stated in such certificate, or as the case may be, report, in any

S.130 Arrested persons and things seized to be sent to officer-in-charge of police station.

Every person arrested and thing seized by a Prohibition Officer under this Act, shall be sent to the officer-in-charge of the nearest Police Station ¹[or to any other officer duly empowered under section 129 if the ²[Commissioner] in any particular case has directed such officer to conduct the investigation of the offence].

S.131 Bail by Prohibition Officer.

(1) Any Prohibition Officer empowered to investigate an offence under this Act shall have power to grant bail in accordance with the provisions of the Code of Criminal Procedure, 1898 (V of 1898)¹, to any person arrested without a warrant for an offence under this Act.

(2) When any person has been arrested under section 126, a Prohibition Officer empowered to investigate offence under this Act shall have power to grant bail in accordance with the provisions of the Code of Criminal Procedure, 1898. (V of 1898)²

S.132 Articles seized.

¹[When anything has been seized under the provisions of this Act by a Prohibition Officer exercising powers under section 129 or by on Officer-in-charge of a Police Station], or has been sent to him in accordance with the provisions of this Act, such officer, after such inquiry as may be deemed necessary, -

(a) if it appears that such thing is required as evidence in the case of any person arrested, shall forward it to the Magistrate to whom such person is forwarded or for his appearance before whom bail has been taken,

(b) if it appears that such thing is liable to confiscation but is not required as evidence as aforesaid, shall send it with a full report of the particulars of seizure to the Collector,

S.133 Duty of officers of Government and local authorities to assist.

Duty of ¹[officers of Government] and local authorities to assist. Every officer of the ²[Government] and every officer or servant of local authority, shall be ³[legally bound to assist any Prohibition Officer or] police officer or person authorised in this behalf in carrying out the provisions of this Act.

S.134 Offences to be reported.

¹[l34. Offences to be reported.- Every village officer or servant useful to Government, every officer of the State Government, and (with the consent of the Central Government) every officer of the Customs and Central Excise Departments, and every officer or servant of a local authority, and the Sarpanch of a Village Panchayat constituted under the ²Bombay Village Panchayats Act, 1958 (Bom. III of 1959), shall be bound -

(a) to give immediate information at the nearest Police Station or to any Officer or person authorised in this behalf of the commission of any offence and of the intention or preparation to commit any offence under this Act which may come to their knowledge;

(b) to take all reasonable measures in

S.134A Establishment of Gram Rakshak Dal.

¹[l34A. Establishment of Gram Rakshak Dal. (1) The Village Panchayat constituted under the Maharashtra Village Panchayats Act (III of 1959) may, by resolution, or an application signed by not less than 25 per cent. of the Women voters of the Gram Sabha, may request the Sub-Divisional Magistrate of the area for convening a special Gram Sabha, for the purpose of establishment of Gram Rakshak Dal.

(2) (a) The Sub-Divisional Magistrate of the area on receipt of request under sub-section (1), shall call such special meeting of Gram Sabha.

(b) The form of application, the mode of submitting the application and manner of verification of authenticity of the applicants, under sub-section (1) shall be such as may be prescribed.

Every person who owns or occupies any land or building, or who is landlord of an estate residing in the village, and the agent of such owner, occupier or landlord of the land, building or estate, as the case may be, on or in which there has been any unlawful tapping of toddy producing trees or unlawful manufacture of any liquor or intoxicating drug or unlawful cultivation or collection of hemp, and every owner of a vessel or vehicle in which liquor or intoxicating drug is manufactured contrary to the provisions of this Act, shall in the absence of reasonable excuse, be bound to give notice of the same to a Magistrate or to a Prohibition Officer or to a Police Officer immediately the same shall have come to his knowledge].

S.136 (Deleted)

[Power to arrest and make orders detaining or restricting movements or actions of persons.] Deleted by Bom. 26 of 1962, s. 50.

S.137 Appeals.

(1) All orders passed by any Prohibition Officer other than the Collector or ¹[Commissioner] under this Act shall be appealable to the Collector at any time within sixty days from the date of the order complained of.

(2) All orders passed by the Collector and ²[Commissioner] shall be appealable to the ³[Commissioner] and the ⁴[State] Government respectively at any time within ninety days from the date of the order complained of :

Provided that no appeal shall lie against an order passed by the ⁵[Commissioner] on appeal.

(3) Subject to the foregoing provisions the rules which the ⁶[State] Government may make in this behalf shall apply to appeals under this section.

S.138 Revision.

¹138. Revision.- The State Government may call for and examine the record of any proceeding before any Prohibition Officer including that relating to the grant or refusal of a licence, permit or authorization under this Act for the purpose of satisfying itself as to the correctness, legality or propriety of any order passed in, and as to the regularity of, any such proceeding and may when calling for such record, direct that the order be not given effect to pending the examination of the record. On examining the record, it may either annul, reverse, modify or confirm such order, or pass such other order as it may deem fit.]

S.139 General powers of State Government in respect of licences, etc.

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

(a) prohibit the grant of any kind of licences, permits, passes or authorisations 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 authorisation throughout the ⁵[State[ or within the limits of any local area subjec

S.140 Power of State Government to prohibit, regulate or control consumption or use of intoxicants, etc., in public place.

140. Power of ¹[State] Government to prohibit, regulate or control consumption or use of intoxicants, etc., in public place.- The ²[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.

S.141 Employment of additional police.

(1) If the ¹[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 ²[65, 66, 66A, 67, 67A, 67C, 68, 69 and 70] the ³[State] Government may, by notification in the Official Gazette, direct the employment of additional police ⁴[in that area] for such period as it thinks fit.

(2) The cost of such additional police shall, if the ⁵[State] Government so directs, be either in whole or in part defrayed by a tax imposed on the persons hereinbelow mentioned, or by a rate 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 a

S.142 Power of Collector to close places where intoxicant or hemp is sold in certain cases.

¹142. Power of Collector to close places where intoxicant or hemp is sold in certin cases.- (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 persons 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 takes 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.

S.143 Power of State Government to make rules.

143. Power of ¹[State] Government to make rules.- (1) The ²State 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 ³State Government may make rules,-

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

(b) regulating the import, export, transport, ⁵collection, sale, purchase, ⁶bottling, consumption, use or possession of any intoxicant,

S.144 Commissioner’s powers to make regulations.

144. ¹[Commissioners] powers to make regulations.-(1) The ²[Commissioner] may make regulations not inconsistent with the provisions of this Act or rules-

(a) regulating as the case may be the ³supply or storage of any intoxicant ⁴[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; ⁵* * * * * * *

(b) reg

S.145 Officers and persons acting under this Act to be public servants.

(2) Every Magistrate, who tenders a pardon under sub-section (1), shall record his reasons for so doing.

(3) Every person, accepting a tender under this section, shall be examined as a witness in the Court of the Magistrate taking cognisance of the offence

S.146 Bar of proceedings.

No suit or proceeding shall lie against the ¹[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.

S.146A Limitation of prosecutions or suits against officers.

¹l46A. Limitation of prosecutions or suits against officers.-(1) All prosecutions of any Prohibition, Police or other officers, or of any persons empowered to exercise powers or to perform functions 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 does not prove that, previously to bringing such action, he has presented all such appeals allowed by this Act, or 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 sh

S.146B Provisions of Act not to apply to Government.

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.]

S.147 Provisions of this Act not to apply to import or export across customs frontier.

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* * * *

S.148 Repeal and amendments.

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

S.4 Collectors.

(1) The Collectors shall, within the limits of their jurisdiction ¹* * * * * * * exercise such powers and perform such duties and functions as are provided by or under the provisions of this Act.

(2) For the purposes of this Act all Collectors including the Collector of Bombay shall be subordinate to the ²[Commissioner].

(3) The ³[State] Government may, by notification in the Official Gazette, appoint any person other than the Collector ⁴* * * * to exercise in any district or place ⁵ [all or any of the powers and perform all or any of the duties] as are assigned by or under this Act to a Collector subject to such control, if any, in addition to that of the ⁶[Commissioner ] and of the ⁷[State

Legal Comments- "Introduction" - The Maharashtra Prohibition Act (1949) governs the regulation, prohibition, and licensing of intoxicants in Maharashtra; its provisions have been interpreted and applied across diverse contexts including licensing, exemptions, and enforcement. Source corpus includes judicial interpretations across several sections and allied acts, illustrating how Section 4 and related provisions interface with licenses, exemptions, and public policy. [Jitendra S/o Manindranath Bose VS State of Maharashtra, Secretary, State Excise Department][Sunil @ Golu S/o. Madhukarrao Nandeshwar vs State of Maharashtra, Through Government of Maharashtra, Home Department (Special)][00400013500?] - "Section 4 - Introduction to prohibited/licensing framework" - Section 4 contemplates licensing and the control of trade in intoxicants; jurisprudence discusses its scope in relation to exemptions, renewals, and privileges, and its interaction with other statutes (e.g., Indian Penal Code, CrPC). [Jitendra S/o Manindranath Bose VS State of Maharashtra, Secretary, State Excise Department][Vijayabai W/o Bajaranglal Jaiswal VS Hon’ble Minister State Excise Department]- "What Section Says" - Section 4 concerns the grant, renewal, and regulation of licenses for intoxicants; it forms part of the statutory framework under which the state regulates possession, sale, and distribution of liquor, with controls over privilege fees and exemptions. [Jitendra S/o Manindranath Bose VS State of Maharashtra, Secretary, State Excise Department][Vijayabai W/o Bajaranglal Jaiswal VS Hon’ble Minister State Excise Department]- "Essential ingredients" - Core components include licensing/renewal, regulatory control by authorities (Collector/Excise), and possible supervision/fees;法院 decisions address how such licensing power interacts with due process, prior publication, and statutory limitations. [Commissioner of State Excise & others VS Maharashtra Retail Liquor Dalrs Association][Vijayabai W/o Bajaranglal Jaiswal VS Hon’ble Minister State Excise Department]- "Scope of Section" - Section 4’s reach extends to licencing regimes, exemption determinations, and the interplay with other regulatory provisions (e.g., Rules, Government Resolutions); courts have scrutinised scope when policy/governance encroaches on rights or when actions lack statutory foundation. [Vijayabai W/o Bajaranglal Jaiswal VS Hon’ble Minister State Excise Department][Dewaki Traders, through its Partner Ashok s/o Shivlal Jaiswal VS State of Maharashtra, through the Joint Secretary, Home Department]- "Punishment for Section" - Violations often implicate licensing offenses and can attract penalties under the Prohibition Act and connected provisions; some cases discuss enhancement or composition, while others quash illicit demands or penalties if improper under statute. [Vijayabai W/o Bajaranglal Jaiswal VS Hon’ble Minister State Excise Department][Balasaheb S/o Mahadeo Lohar VS State of Maharashtra]- "Exemption and/or reliance on exemptions" - A recurrent theme is the entitlement of licensees to exemption or relief where they operate under licenses already issued or where exemptions apply; improper reliance on resolutions or circulars without statutory backing is struck down. [Ram, S/o. Baburao Haral VS State of Maharashtra, Through The Secretary, Public Transport Department][Vijayabai W/o Bajaranglal Jaiswal VS Hon’ble Minister State Excise Department]- "Legality of government orders/circulars" - Several judgments hold that Government Resolutions or circulars cannot substitute for statutory provisions; circulars not published in Gazette or not within statutory authority lack validity. [Forum for Fairness in Education Western Suburbs, Mumbai and others VS State of Maharashtra and others][Diamond Jubilee High School through its Principal VS State of Maharashtra through its School Education & Sports Department, Secondary Education – I]- "Interplay with Gram Sabha (PESA) and scheduled areas" - Rules under PESA and related regulations create a framework for local decision-making about liquor licenses; the courts have interpreted Rule 3 and 4 in light of Rule 4’s applicability to licenses under Rule 3, clarifying renewal and Gram Sabha involvement. [Ramkisan s/o. Motilal Jaiswal VS State of Maharashtra, through its Secretary, Department of Excise, Mantralaya][Ramkisan s/o. Motilal Jaiswal VS State of Maharashtra, through its Secretary, Department of Excise, Mantralaya]- "Inter-state transport vs. intra-state prohibition" - FSSA vs COTPA conflicts; the court recognizes state power to ban inter-state transport of banned tobacco products within public health bounds, while allowing inter-state transport under compliant conditions; analogous logic informs licensing controls. [Mohammad Yamin Naeem Mohammad VS State of Maharashtra]- "Sealing/closure of shops and due process" - Section 142(2) allows closure in disturbances, but indefinite closure without due process is unlawful; reasonable, time-bound measures are required. [Vithal Mallu Chintalwar VS State of Maharashtra Through Excise Department, Mantralaya, Mumbai]- "Externment and security measures vis-à-vis licensing" - While not central to Section 4, externment and detentions intersect with enforcement of prohibition acts; courts insist on objective material and proportionality when restricting movement or livelihood. [Paramjitsingh @ Jentil Sardar, S/o. Gurucharansingh Lohiya VS State of Maharashtra, Through Divisional Commissioner, Nagpur][Shabbir @ Shahu Mohammad Shaikh VS State of Maharashtra]- "Fees, refunds, and levies related to licenses" - Decisions on license fees, renewal, and privilege fees reveal that improper or retroactive fee demands can be quashed; interim/final orders must align with statutory provisions; refunds require statutory grounding. [Shantahai S. Somani VS Aryan Co-operative H. Society][Commissioner of State Excise & others VS Maharashtra Retail Liquor Dalrs Association]- "Circuitous reliance on circulars for fee/renewal decisions" - Circulars purporting to amend fee structures or dictate renewal terms without statutory basis are scrutinized and often struck down; the Court emphasizes legislative supremacy in fee regulation. [Forum for Fairness in Education Western Suburbs, Mumbai and others VS State of Maharashtra and others][Vijayabai W/o Bajaranglal Jaiswal VS Hon’ble Minister State Excise Department]- "Rights of licensees vs. State regulatory prerogative" - The State’s regulatory prerogative to prohibit or regulate licensing is balanced against constitutional rights; excessive restrictions must be grounded in statute or reasonable public health objectives. [PVR Limited vs State of Maharashtra Revenue and Forests Department][Mohammad Yamin Naeem Mohammad VS State of Maharashtra]- "Judicial approach to statutory interpretation" - Courts favor plain reading of statutes, and adopt harmonious construction when multiple statutes govern liquor regulation; reliance on Gazette publication and proper delegation is essential. [Euro School Education Trust VS Divisional Fee Regulatory Committee, Pune][Dewaki Traders, through its Partner Ashok s/o Shivlal Jaiswal VS State of Maharashtra, through the Joint Secretary, Home Department]- "Impact on private institutions and capitation-fee regimes" - While not directly Section 4, related education-licensing debates (capitation fees) illustrate how state regulation requires statutory backing and cannot be substituted by executive orders; this parallels expectations for liquor licensing. [Forum for Fairness in Education Western Suburbs, Mumbai and others VS State of Maharashtra and others][Ramkisan s/o. Motilal Jaiswal VS State of Maharashtra, through its Secretary, Department of Excise, Mantralaya]- "Case example: successful quashing of improper licensing orders" - Courts have quashed licensing orders where statutory basis or due process was lacking; e.g., quashing a license-revocation or fee-demand order when not grounded in Section 4 or relevant Rules. [Vijayabai W/o Bajaranglal Jaiswal VS Hon’ble Minister State Excise Department][Shantahai S. Somani VS Aryan Co-operative H. Society]- "Case example: interlink with other Acts and consequences" - The Maharashtra Prohibition Act interacts with IPC, CrPC provisions, and other specific provisions (e.g., PESA, MPDA), showing the need for coherent statutory interpretation across related regimes. [Dewaki Traders, through its Partner Ashok s/o Shivlal Jaiswal VS State of Maharashtra, through the Joint Secretary, Home Department][Balasaheb S/o Mahadeo Lohar VS State of Maharashtra]- "Takeaway for practitioners" - When challenging licensing actions or fee demands under the Maharashtra Prohibition Act, ensure proper statutory basis, Gazette publication, and alignment with Rule-based procedures; avoid circulars substituting for statute. [Vijayabai W/o Bajaranglal Jaiswal VS Hon’ble Minister State Excise Department][Forum for Fairness in Education Western Suburbs, Mumbai and others VS State of Maharashtra and others]- "Takeaway for policymakers" - Ensure licensing regimes and fee structures are anchored in explicit statutory authority; use formal amendments/acts rather than discretionary circulars to avoid constitutional or due-process challenges. [Sunil @ Golu S/o. Madhukarrao Nandeshwar vs State of Maharashtra, Through Government of Maharashtra, Home Department (Special)][Dewaki Traders, through its Partner Ashok s/o Shivlal Jaiswal VS State of Maharashtra, through the Joint Secretary, Home Department]- "Reference to related authorities" - The decisions cited span Bombay High Court and Supreme Court insights; practitioners should examine the cited cases for benchmarks on licensing, exemptions, and procedural propriety under the Maharashtra Prohibition Act. [Karan Dileep Nevatia, Proprietor of M/s. Kunal Vintners and M/s. Sundeep Vintners VS Union of India, through the Commerce Secretary, Ministry of Commerce & Industry][Dewaki Traders, through its Partner Ashok s/o Shivlal Jaiswal VS State of Maharashtra, through the Joint Secretary, Home Department]- "Closing note" - The Maharashtra Prohibition Act framework remains subject to evolving interpretations; consistent with constitutional standards, any restrictive licensing actions should be rooted in statute, properly published, and justifiable on public health grounds. [Mohammad Yamin Naeem Mohammad VS State of Maharashtra][Forum for Fairness in Education Western Suburbs, Mumbai and others VS State of Maharashtra and others]