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Bar News Acts League

The Maharashtra Prohibition Act, 1949

Act ID: 1949

The Maharashtra Prohibition Act, 1949

"An Act to amend and consolidate the law relating to the promotion and enforcement of and carrying into effect the policy of Prohibition."

Table of Contents

179 Sections

Ch. IP

reliminary.

S.1Short title extent and commencement S.2Definitions S.30[Omitted]S.36[Omitted]S.37[Omitted]S.42[Omitted]S.50[Omitted]S.51[Omitted]S.64[Omitted]S.71[Omitted]S.75[Omitted]S.92[Omitted]S.113[Omitted]S.136Repeal and savings

Ch. IIE

stablishment.

S.3Commissioner of Prohibition and Excise S.4Collectors S.5Subordinate Officers S.6Investing officers or Police and other departments with powers and duties under this Act S.6ABoard of Experts S.7Other Boards and committees S.8Medical Boards S.9Control of Commissioner over Prohibition Officers and other officers S.10Delegation

Ch. IIIP

rohibitions.

S.11Manufacture, etc., of intoxicant to be permitted in accordance with provisions of Act, rules, etc S.11APower of Gram Sabha to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant S.12Prohibition of manufacture of liquor and construction and working of distillery or brewery S.13Prohibition of sale, etc., of liquor S.14Prohibition of export, import, transport, sale, manufacture, etc., of intoxicating drugs S.15Prohibition of import, export, transport, sale, etc., of sweet toddy S.16Prohibition of tapping of toddy producing trees and drawing of toddy S.17Prohibition, of possession, etc., of opium S.18Prohibition, of sale to minors S.19Prohibition of sale of toddy S.20Prohibition, or production etc., of charas S.21Alteration of denatured spirit S.21AAlteration of denatured spirituous preparation S.22Prohibition of allowing any premises to be used as common drinking house S.22AProhibition of issuing prescriptions for intoxicating liquor except by registered medical practitioners S.23Prohibition of soliciting use of intoxicant or hemp or doing any act calculated to incite or encourage member of public to commit offence S.24Prohibition of publication of advertisements relating to intoxicant, etc S.24AThis Chapter not to apply to certain articles

Ch. IVCo

ntrol, regulation and exemptions.

S.25Exemption of preparations S.26Distilleries and warehouse for intoxicants S.27Intoxicant or hemp not to be removed from warehouse, etc S.28Passes for import, etc S.29Through transport S.31Licences for bona fide medicinal or other purposes S.31ALicences for purchase, etc., of liquor for Manufacture of articles mentioned in section 24A S.32Licences for tapping for neera S.33Trade and import licences S.34Vendor’s licences S.35Hotel licences S.38Licences to shipping companies and to Masters of ships S.39Permission to use or consume fore in liquor on warships, troops ships and in messes and canteens of armed forces S.40Permits S.40AHealth permits S.40BEmergency permits S.41Special permits to foreign sovereigns, etc S.43Regulation of use or consumption of foreign liquor by certain permit holders S.44Licence to clubs S.45Authorisation for sacramental purposes S.46Visitor’s permit S.46ATourist’s permit S.47Interim permits S.48Permits for consumption or use of intoxicating drugs or opium S.48APermits to be non-transferable S.49Exclusive privilege of Government to import, etc., intoxicants, etc., and fees levied include rent or consideration for grant of such privilege to person concerned S.52Power of authorized officer to grant licences, permits and passes in certain cases S.53General conditions regarding licences, etc S.53ACertain licenses required to keep measures, etc S.54Power to cancel or suspend licences and permits S.55Holder of licence, etc., not entitled to compensation or refund or fee for cancellation or suspension thereof S.56Cancellation for other reasons S.57Attachment of licence S.58Right, title or interest under licence not liable to be sold or attached in execution, etc S.58ASupervision over manufacture, etc S.59Commissioner entitled to require licence holder or owner to dispose of stocks

Ch. IVA

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

S.59AManufacture of articles mentioned in section 24A S.59BAnalysis of articles mentioned in section 24A

Ch. IVB

Control and Regulation of Denatured Spirituous Preparations to Prevent Their use as Intoxicating Liquor.

S.59CProhibition against possession of denatured spirituous preparation in excess of prescribed limit and the regulation of its possession in excess of prescribed limit S.59DRegulation of manufacture, etc., of denatured spirituous prepations

Ch. VMh

owra flowers.

S.60Prohibition of export or import of mhowra flowers S.61Control of export, etc. of molasses

Ch. VICo

ntrol and regulation of Molasses.

S.62Provisions of section 53 to 59 to apply to licences granted under section 61 S.63Provision of Act in relation to molasses to be in addition to, and not in derogation of Bom. XXXVIII of 1956

Ch. VIIO

ffences and penalties.

S.65Penalty for illegal import, etc. of intoxicant or hemp S.66Penalty for illegal cultivation and collection of hemp and other matters S.66APenalty for illegal import, etc., of opium S.67Section 67 S.67APenalty for manufacturing articles mentioned in section 24A in contravention of the provisions of section 59A S.67BPenalty for failure to satisfy the Commissioner under sub- section (1), or to comply with a requisition under sub-section (2) of section 59B S.67CPenalty for possessing, etc., denatured spirituous preparations in contravention of provisions of sections 59C and 59D S.68Penalty for opening etc. of common drinking house S.69Penalty for illegal import, etc., of mhowra flowers S.70Penalty for illegal import of molasses S.72Penalty for removal of intoxicant, etc S.73Penalty for printing or publishing advertisement in contravention of provisions of Act, etc S.74Penalty for circulating etc. news papers, etc. containing advertisements regarding intoxicants, etc S.75APenalty for contravention of provisions of section 43 S.76Penalty for neglect to keep measures, etc S.77Penalty for misconduct by licensee, etc S.78Penalty for misconduct by licenced vendor or manufacturer S.79Liability of licensee for acts of servants S.80Import, export, etc. of intoxicant by any person on account of another S.81Penalty for attempt or abetment S.82Breach of licence, permit, etc. to be an offence S.83Penalty for conspiracy S.84Penalty for being found drunk in any drinking house S.85Penalty for being drunk and for disorderly behaviour S.86Penalty for allowing any premises to be used for purpose of committing an offence under Act S.87Penalty for chemist, druggist or apothecary for allowing his premises to be used for purpose of consumption of liquor S.88Penalty for issuing false prescription S.89Penalty for maliciously giving false information S.90Penalty for offences not otherwise provided for S.91Demand for security for abstaining from commission of certain offences S.93Demand of security for good behaviour S.94Execution of bonds in respect of minors S.95Punishment for vexatious search, seizure or arrest S.96Punishment for vexatious delay S.97Punishment for abetment for escape of persons arrest S.98Things liable to confiscation S.99Return of things liable to confiscation to bona fide owners S.100Procedure in confiscation S.101Power of Collector etc. to order sale or destruction of articles liable to confiscation S.102Forfeiture of publication containing advertisement or matter soliciting use of intoxicants S.103Presumption as to commission of offences in certain cases S.104Compounding of offences S.104ABombay 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

Ch. VIIIE

xcise Duties.

S.105Excise duties S.106Manner of levying excise duties S.107Power to exempt, remit or refund excise duty S.107ADeclaration of stock of articles mentioned in section 24A; maintenance of accounts and submission of returns S.107BPower to obtain information and to search and seize excisable articles S.108Penalty for import, export, etc. of intoxicant etc. without payment of duty S.109Duty on tapping of toddy trees S.110Duty by whom payable S.111Owner of trees entitled to assistance for duty paid S.112Privilege of drawing toddy from trees belonging to Government S.114Recovery of duties, etc

Ch. IXP

owers and duties of officers and procedure.

S.115Magistrate’s power to impose enhanced penalties S.116Procedure to be followed by Magistrate S.116ATender of pardon to accomplice S.117Investigations, searches, etc. how to be made S.118Procedure of Code of Criminal Procedure relating to cognizable offence to apply S.119Certain offences to be non-bailable S.120Power of entry and inspection S.121Power to open packages, etc S.122Power to require production of licences S.123Arrest of offenders and seizure of contraband articles S.124Power to obtain information S.125Power to seize intoxicants, etc S.126Arrest without warrant S.127Arrest of offenders failing to give name S.128Issue of warrants S.128ACertain provisions to apply to denatured spirituous preparations S.129Prohibition Officers may be empowered to investigate offences S.129APower to require persons to submit to medical examination, etc S.129BDocuments of reports of registered medical practitioner, etc. as evidence S.130Arrested persons and things seized to be sent to officer-in- charge of Police Station S.131Bail by Prohibition Officer S.132Articles seized S.133Duty of officers of Government and local authorities to assist S.134Offences to be reported S.135Landlords and others to give information

Ch. XA

ppeals and Revision.

S.137Appeals S.138Revision

Ch. XIMis

cellaneous.

S.139General Powers of State Government in respect of licences, etc S.140Power of State Government to prohibit, regulate or control consumption or use of intoxicants, etc., in public place S.141Employment of additional Police S.142Power of Collector to close places where intoxicant of hemp is sold in certain cases S.143Power of State Government to make rules S.144Commissioner’s powers to make regulation S.145Officers and persons acting under this Act to be public servants S.146Bar of Proceedings S.146ALimitation of prosecutions or suits against officers S.146BProvisions of Act not to apply to Government S.147Provisions of this Act not to apply to import or export across customs frontier S.148Repeal and amendments S.149Further repeals and savings consequent on commencement of Bom. XXV of 1949 in other areas of State