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Bar News Acts League

The Gujarat Prohibition Act, 1949

Act ID: 1949

The Gujarat Prohibition Act, 1949

"An Act relating to the promotion and enforcement of and carrying into effect the policy of Prohibition in the State of Gujarat."

Table of Contents

189 Sections

Ch. IP

reliminary

S.1Short Title, Extent and Commencement S.2Definitions S.67[Omitted]S.115Power to make rules

Ch. IIE

stablishment

S.3[Director of Prohibition and Excise] [These words were substituted for the words 'Director of Excise and Prohibition' by Bombay 12 of 1959, Section 7 (a).]S.4Collectors S.5Investing officers of [Police and] [These words were inserted by Bombay 22 of 1960, Section 3 (a).] other departments with power and duties under this Act S.6(1) The [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950 S.6A[ Board of Experts. [Section 6A was inserted by Bombay 26 of 1952, Section 3.]S.7[Other Boards and Committees] [These words were substituted for the word 'committees', by Bombay 22 of 1960, Section 5(a).]S.8Medical Boards S.9Control of [Directors] [This word was substituted for the word 'Commissioner' by Bombay 28 of 1950, Schedule] 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.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] [This word was substituted for the word 'children', by Bombay 22 of 1960, Section 9 (b).]S.19[Prohibition of sale of toddy]S.20Prohibition or production, etc. of Charas S.21Alteration of denatured spirit S.21A[ Alteration of denatured spirituous preparation. [Section 21A was inserted by Bombay 36 of 1954, a. 4.]S.22Prohibition of allowing any premises to be used as common drinking house S.22A[ Prohibition of issuing prescriptions for intoxicating liquor except by registered medical practitioners. [Section 22A was inserted by Bombay 22 of I960, Section 11.]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] [This marginal note was substituted for the original, by Bombay 22 of 1960, Section 5 (3).]S.24Prohibition of publication of advertisements relating to intoxicant, etc S.24A[ This chapter not to apply to [certain articles] [Section 24A was inserted by Bombay 26 of 1952, Section 7.]

Ch. IVCo

ntrol, Regulation and Exemptions

S.25Exemption of preparations S.26Distilleries and Warehouses for Intoxicants S.27[Intoxicant] [These words were substituted for the words 'Intoxicating drug', Bombay 22 of 1960, Section 13 (3).] or hemp not to be removed from ware-house, etc S.28Passes for import, etc S.29[ Through transport. [This section was substituted for the original by Bombay 22 of 1960, a. 14.]S.30[Licence for possession of denatured or rectified spirit and alcohol for industrial or medical purposes.]S.31[ Licences for bona fide medical or other purposes. [This section was substituted for the original by Bombay 22 of 1960, Section 16.]S.31A[ Licences for purchase, etc., of liquor for manufacture of [articles mentioned] [Section 31A was inserted by Bombay 26 of 1952, section 9.] in section 24A.]S.32Licences for tapping for [neera] [This word was substituted for the word 'toddy' by Bombay 26 of 1952; Section 10(2).]S.33Trade and Import Licences S.34Vendor's Licences S.35Hotel licences S.36[Special import Licence(s) to hotels.]S.37[Dining car licences.]S.38Licences to shipping companies [and to Masters of ships] [These words were added, by Bombay 22 of 1960 , Section 14(3).]S.39Permission to use or consume foreign liquor on [**] [The words 'cargo boats' were deleted, by Bombay 26 of 1952, Section 15(2).] warships, troopships and in [messes and canteen of armed forces] [These words were substituted for the words 'military and naval messes and canteens', by Bombay 26 of 1952, Section 15(2).]S.40[Temporary resident's permits. [This marginal note was substituted for the original by Gujarat 9 of 1978, Section 5(b).]S.40A[ Health Permits. [Sections 40A and 40B were inserted by Bombay 26 of 1952, Section 17.]S.40BEmergency Permits S.41Special permits to foreign sovereigns etc S.42[Permits to be non-transferable]S.43[ Regulation of use or consumption of foreign liquor by certain permit holders. [Section 43 was substituted for the original by Bombay 26 of 1952, Section 20.]S.44Licence to Clubs S.45Authorization for sacramental purposes S.46[ Visitor's Permit. [Section 46 was substituted for the original by Bombay 22 of 1960, Section 30.]S.46A[ [Tourist's permit] [Section 46A was inserted by Bombay 20 of 1955, Section 4.]S.47Interim permit S.48[[Permits] [This marginal note was substituted for the original by Bombay 26 of 1952, Section 23(2).] for consumption or use of intoxicating drugs [or opium.] [These words were inserted, Bombay 22 of 1960, Section 32(c).]S.48A[ Permits to be non-transferable. [Section 48A was inserted, by Bombay 22 of 1960, Section 33.]S.49[Power to make rules or pass orders for possession, etc. of opium.]S.50[Warehousing of opium.]S.51[Rules for sale, etc. of warehoused intoxicant or hemp.]S.52Power of authorised officers to grant licences, permits and passes in certain cases S.53General conditions regarding licences, etc S.53A[ Certain licensees required to keep measures, etc. [This section was inserted by Bombay 22 of 1960, Section 37.]S.54Power to cancel or suspend licences and permits S.55Holder of licence, etc. not entitled to compensation or refund of 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 S.58A[ Supervision over manufacture, etc. [This section was inserted by Gujarat 9 of 1978 Section 40.]S.59[Director] [This word was substituted for the word 'Commissioner' by Bombay 28 of 1950, Schedule] entitled to require licence holder [or owner] [These words were inserted by Gujarat 9 of 1978, Section 26 (2).] to dispose of stocks S.59A[Manufacture of articles mentioned in section 24A] [This marginal note was substituted for the original, by Bombay 36 of 1954, Section 8(ii).]S.59B[Analysis of articles mentioned in section 24A] [This marginal note was substituted for the original by Bombay 36 of 1954, Section 9.]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 preparation

Ch. VMh

owra Flowers

S.60Prohibition of export or Import of mhowra flowers

Ch. VICo

ntrol and Regulation of Molasses

S.61Control of export, etc. of molasses S.62Provisions of Sections 53 to 59 to apply to licences granted under section 61 S.63[ Provision of Act in relation to molasses to be in addition to and not in derogation of Bombay XXXVIII of 1956. [This section was inserted by Bombay 22 of 1960, Section 48.]S.64Prohibition against possession of rotten gur in excess of prescribed limits S.64ARegulation of manufacture, etc , of rotten gur S.64BRegulation of manufacture, etc., of ammonium chloride S.64CProvision of sections 53 to 59 to apply to licences, permits etc. granted under sections 64, 64 A and 64B

Ch. VIIO

ffences and Penalties

S.65Penalty for illegal import, etc. of intoxicant or hemp S.65A[ Punishment for laththa. [Inserted by Gujarat Act No. 29 of 2011, dated 1.12.2011.]S.66Penalty for illegal cultivation and collection of hemp and other matter S.66A[ Penalty for illegal import, etc. of opium. [This section was inserted by Bombay 22 of 1960, Section 51.]S.67A[ Penalty for manufacturing [articles mentioned in section 24A] [Sections 67A and 67B were inserted by Bombay 26 of 1952, Section 31.] in contravention of the provisions of section 59A S.67B[Penalty for failure to satisfy the Director under sub-section (1), or to comply with a requisition under sub-section (2) of Section 59B] [This marginal note was substituted for the original, by Bombay 26 of 1954, Section 6 (2).]S.67C[ Penalty for possessing, etc., denatured spirituous preparations in contravention of provisions of section 59C and 59D. [This section was inserted by Bombay 22 of 1960, Section 56.]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.70A[ Penalty for illegal possession, etc. of rotten gur or ammonium chloride. [Section 70A was inserted by Gujarat 9 of 1978, Section 9.]S.71[Penalty for selling molasses at price exceeding fixed price.]S.72[ Penalty for removal of intoxicant etc. [This section was substituted for the original by Bombay 22 of 1960, Section 58.]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.75Penalty for inciting or encouraging certain acts [***] [The words 'frustrating provisions of this Act' were deleted, by Bombay 26 of 1952, Section 36 (3).]S.75A[ Penalty for contravention of provisions of Section 43. [This section was inserted by Bombay 22 of 1960, Section 59.]S.76Penalty for neglect to keep measures, etc S.77Penalty for misconduct by licensee, etc S.78Penalty for misconduct by licensed vendor or manufacturer S.79Liability of licensee for acts of servant S.80Import, export, etc. of intoxicant by any person on account of another S.81Penalty for attempts 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 the purpose of consumption of liquor S.88Penalty for issuing false prescriptions S.89Penalty for maliciously giving false information S.90Penalty for offences not otherwise provided for S.91Demand for security for abstaining from commissioner of certain offences S.92[ [Deleted by Gujarat Act No. 9 of 2017, dated 16.3.2017.]S.93Demand of security for good behaviour S.94Execution of bonds in respect of minors S.94A[ Punishment for failure in duty by Prohibition Officer or Police Officer. [Inserted by Gujarat Act No. 29 of 2011, dated 1.12.2011.]S.95Punishment for vexatious search, seizure or arrest S.96[ Punishment for vexatious delay. [This section was substituted for the original by Bombay 22 of 1960, section 62.]S.97Punishment for Abetment for escape of person arrested 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 any publication containing advertisement matter [soliciting] [This word was substituted for the word 'commending' by Bombay 26 of 1952, Section 39.] use of intoxicants S.103Presumption as to commission of offences in certain cases S.103A[Report of certain registered medical officers as evidence]S.104Compounding of offences S.104A[ Bombay Probation of Offenders Act, 1938, and [Section 360 of the Code of Criminal Procedure, 1973 (2 of 1974)] [Section 104A was inserted by Bombay 67 of 1953, Section 4.], 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.107[ Fees. [Section 107 was inserted by Gujarat 9 of 1878, Section 12.]S.107A[ Declaration of stock of articles mentioned in section 24A; maintenance of accounts and submission of returns. [Section 107A and 107B were inserted by Bombay 26 of 1952, Section 44.]S.107BPower to obtain information and to search and seize excisable articles S.108Penalty for import 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.113[Rules for levy of duty on opium, etc.]S.114[ Recovery of duties, etc. [This section was substituted for the original, by Bombay 22 of 1960, Section 75.]

Ch. IX

[115. [Deleted by Gujarat Act No. 9 of 2017, dated 16.3.2017.]

S.115A[ Venue of trial of offence of consumption of intoxicant or hemp. [This section was inserted by Gujarat 16 of 1964, Section 3.]S.116[ [Deleted by Gujarat Act No. 9 of 2017, dated 16.3.2017.]S.116A[ [Deleted by Gujarat Act No. 9 of 2017, dated 16.3.2017.]S.116B[ No analysis required for known brand of liquor. [Section 116-B was inserted by Gujarat 9 of 1978, Section 13.]S.116C[ Duty to send sample to Laboratory. [Inserted by Gujarat Act No. 29 of 2011, dated 1.12.2011.]S.117Investigations arrest, searches, etc., how to be made S.117A[ Maintenance of list of Panchas. [Section 117-A was inserted by Gujarat 9 of 1978, Section 14.]S.118[ [Deleted by Gujarat Act No. 9 of 2017, dated 16.3.2017.]S.119Certain offences to be non-bailable S.120[ Power of entry and inspection. [This section was substituted for the original, by Bombay 22 of 1960, Section 79.]S.121Power to open packages etc S.122[ Power to require production of licences. [This section was substituted for the original by Bombay 22 of 1960, section]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 names S.128Issue of warrants S.128A[ Certain provisions to apply to denatured spirituous preparations. [Section 128A was substituted for the original by Bombay 22 of 1960, Section 85.]S.129Prohibition Officers may be empowered to investigate offences S.129A[ Power to require persons to submit to medical examination, etc. [Sections 129A and 129B were inserted by Bombay 12 of 1959, Section 16.]S.129BDocuments or 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 [Officer of the Government] [These words were substituted for the words 'officials of all departments'; by Bombay 22 of 1960, Section 88(b).] and local authorities to assist S.134[ Offences to be reported. [Sections 134 and 135 were substituted for the original, by Bombay 22 of 1960, Section 89.]S.135Landlords and others to give information S.136[Power to arrest and make orders detaining or restricting movements or actions of persons]

Ch. XA

ppeals and Revision

S.137Appeals S.138[ Revision. [This section was substituted for the original by Bombay 22 of 1960, Section 90.]

Ch. XIMis

cellaneous

S.139General powers of [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Orders, 1950.] Government in respect of licences, etc S.140Power of [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government to prohibit, regulate or control consumption or use of intoxicants, etc. in public place S.141Employment of additional police S.142[ Power of Collector to close place where intoxicant or hemp is sold in certain cases. [This section was substituted for the original by Bombay 22 of 1960, Section 93.]S.143Power of [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government to make rules S.144[Director's] [This word was substituted for the word 'Commissioner' by Bombay 28 of 1950, Schedule] powers to make regulations S.145Officers and persons acting under this Act to be public servants S.146Bar of proceedings S.146A[ Limitation of prosecutions or suits against officers. [Sections 146A and 146B were inserted by Bombay 22 of 1960, Section 96.]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.149[ Further repeals and savings consequent on commencement of Bombay XXV of 1949 in other areas of State. [This section was inserted by Bombay 12 of 1959, Section 18.]