STATE EXCISE DEP ARTMENT · Bombay Abkari Act, 1878 and introduction of Bombay Prohibition Act,1949, with effect from 16th June, 1949, the Excise Department was renamed as Prohibition

(1)

GOVERNMENT OF MAHARASHTRA

STATE EXCISE DEPARTMENT

THE MAHARASHTRA EXCISE MANUAL

VOL.—I

(As modified up to 29th February 2012)

Price : Rs. 309.00

Printed by the Manager, Government Press and Book Depot,

Nagpur-440 001 and Published by the Commissioner,

State Excise Maharashtra State, Mumbai-400 023.

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Bombay Act No. XXV of 1949

The Bombay Prohibition Act, 1949

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PREFACE

It is indeed pleasure to introduce the updated Volume-I of the

Maharashtra Excise Manual of the State Excise Department. After

taking over the charge of Commissioner of State Excise in June, 2011,

I myself felt the dire need for such a Manual.

The State Excise Department of the Government of Maharashtra

has an interesting past and promising future. The department

controls and regulates the trade in intoxicants of which liquor forms

the major part. The law relating to intoxicants including liquor

and the excise duties thereon was initially administered by the

Excise Department in this State till June, 1949.With repeal of the

Bombay Abkari Act, 1878 and introduction of Bombay Prohibition

Act,1949, with effect from 16th June, 1949, the Excise Department

was renamed as Prohibition and Excise Department and was made

responsible for enforcement of and education on prohibition. The

State Government followed strict prohibition policy till December,

1963. The policy of prohibition was partially relaxed and step by

step rationalization occurred. Initially, toddy was introduced, later

on manufacture of potable liquor was allowed, then country liquor

scheme was introduced, so on and so forth. The Department was

again renamed as State Excise Department in the year 1990.

After the publication of the Maharashtra Excise Manual, Volume-

I in 1996 further updated copy was not printed. The department

has under gone many changes since then. In 1997, the department

came with ad valorem based levying of duty on liqur which trans-

formed the excise revenue considerably. In view of the past decade

of far reaching economic changes and globalization, need of

up to-date revised Manual was keenly felt at all levels.

I would like to place on record my deep appreciation by the

efforts put in by the staff at the Commissionerate and staff at the

office Superin-tendent of State Excise, Nagpur District for making

this compilation a success. A special mention of the efforts put in

by S/Shri Rahul Ambhore and Pravin Mohatkar is necessary, I hope

this compilation will prove useful to the excise administrators, to

all licensees in the liquor trade and to the public in general.

(Dr. Sanjay Mukherjee),

Commissioner of State excise,

Maharashtra State, Mumbai.

Mumbai :

Dated February, 2012.

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PART – I

THE BOMBAY PROHIBITION ACT, 1949

CONTENTS

Section Brief Description Page No.

PREAMBLE

CHAPTER I – Preliminary

1. Short title, extent and commencement. 1

2. Definations. 2

CHAPTER II – Establishment

3. Commissioner of Prohibition and Excise. 7

4. Collectors 8

5. Subordinate Officers. 8

6. Investing officers of Police and other department with 8

powers and duties under this Act.

6A. Board of Experts. 9

7. Other boards and Committees. 9

8. Medical Boards. 10

9. Control of Commissioner over Prohibition Officers and 10

other officers.

10. Delegation. 10

CHAPTER III - Prohibitions

11. Manufacture, etc. of Intoxicant to be permitted in accor- 11

dance with provision of Act, rules etc.

11A. Power of Gram Sabha to enforce prohibition or to regulate 11

or restrict the sale and consumption of any intoxicant.

12. Prohibition of Manufacture of Liquor and construction 11

and working of distillery or brewery.

13. Prohibition of sale, etc. of Liquor. 11

14. Prohibition of export, import, transport, sale, manufacture, 11

etc. of intoxicating drugs.

15. Prohibition of import, export, transport, sale, etc. of sweet 11

toddy.

(2)

16. Prohibition of tapping of toddy producing trees and 11

drawing of toddy.

17. Prohibition of possession etc. of opium. 12

18. Prohibition of sale to minors. 12

19. (Deleted) 12

20. Prohibition of production, etc. of charas. 12

21. Alteration of denatured spirit. 12

21A. Alteration of denatured spirituous preparation. 12

22. Prohibition of allowing any premises to be used as 12

Common Drinking House.

22A. Prohibition of issuing prescriptions for Intoxicating 12

Liquor except by Registered Medical Practitioners.

23. Prohibition of soliciting use of intoxicant or hemp or 13

doing any act, calculated to incite or encourage members

of public to commit offence.

24. Prohibition to publication of advertisement relating to 13

intoxicants, etc.

24A. This Chapter not to apply to certain articles. 14

CHAPTER IV – Control, Regulation and Exemptions

25. Exemption of Preparations. 14

26. Distilleries and Warehouses for intoxicants. 14

27. Intoxicant or hemp not to be removed from Warehouse, 15

etc.

28. Passes for import, etc. 15

29. Through transport. 16

30. (Deleted) 16

31. Licences for bona fide medicinal or other purposes. 16

31A. Licences for purchase, etc. of liquor for manufacture 16

of articles mentioned in section 24A.

32. Licences for tapping of Neera. 16

33. Trade and Import Licences. 16

34. Vendor’s Licences. 16

35. Hotel Licences. 17

36. (Deleted) 17

37. (Deleted) 17

38. Licences to Shipping Companies and to Masters of Ships. 18.

39. Permission to use or consume foreign liquor on Warships, 18

Troop Ship and in Messes and Canteens of Armed Forces.

(3)

40. Permits. 18

40A. Health permits. 19

40B. Emergency permits. 19

41. Special permits to Foreign Sovereigns, etc. 19

42. (Deleted) 19

43. Regulation of use or consumption of Foreign Liquor 20

by certain Permit holders.

44. Licence to clubs. 20

45. Authorization for Sacramental purposes. 20

46. Visitor’s permit. 21

46A. Tourist’s permit. 21

47. Interim permits. 21

48. Permits for consumption or use of Intoxicating Drugs 22

or Opium.

48A. Permits to be non-transferable. 22

49. Exclusive privilege of Government to import, etc., 22

intoxicants and fees levied include rent or consideration

for grant of such privilege to person concerned.

50. (Deleted) 22

51. (Deleted) 23

52. Power of authorized officer to grant licences, permits 23

and passes in certain cases.

53. General conditions regarding licences, etc. 23

53A. Certain Licencees required to keep measures, etc. 23

54. Power to cancel or suspend Licences and Permits. 23

55. Holder of licence, etc. not entitled to compensation or 24

refund of fee for cancellation or suspension thereof.

56. Cancellation for other reasons. 24

57. Attachment of licence. 24

58. Right, Title or Interest under Licence not liable to be 25

sold or attached in execution.

58A. Supervision over manufacture, etc. 25

59. Commissioner entitled to require licence holder or 25

owner to dispose of stocks.

CHAPTER IV-A – Control and regulation of articles mentioned in

section 24A to prevent their use as intoxicating liquor.

59A. Manufacture of articles mentioned in section 24A. 26

59AA. Control on manufacture, etc. of articles mentioned in 26

section 24A.

59B. Analysis of articles mentioned in section 24A. 27

(4)

CHAPTER IV-B – Control and Regulation of Denatured

Spirituous Preparations to prevent their use as

intoxicating liquor.

59 C. Prohibition against possession of denatured spirituous 27

preparation in excess of prescribed limit and the regulat-

ion of its possession in excess of prescribed limit.

59 D. Regulation of manufacture, etc. of denature spirituous 28

preparations.

CHAPTER V – Mhowra flowers.

60. Prohibition of export or import of mhowra flowers : 28

Control and regulation of transport, sale, etc. of mhowra

flowers.

CHAPTER VI – Control and regulation of Molasses.

61. Control of export, etc. of molasses. 29

62. Provisions of sections 53 to 59 to apply to licences 29

granted under section 61.

63. Provision of Act in relation to molasses to be in 29

addition to and not in derogation of Bom. XXXVII

of 1956.

64. (Deleted) 29

CHAPTER VII – Offences and Penalties.

65. Penalty for illegal, import, etc. of intoxicant or hemp. 29

66. Penalty for illegal cultivation and collection of hemp 30

and other matters.

66A. Penalty for illegal import, etc. of opium. 31

67. Penalty for alteration or attempting to alter denatured 31

spirit.

67-1A. Penalty for alteration or attempting to alter denatured 31

spirituous preparation.

67-1B. Penalty for contravention of provision regarding 32

prescriptions.

67A. Penalty for manufacturing articles mentioned in section 32

24A in contravention of the provisions of section 59A.

67B. Penalty for failure to satisfy the Commissioner under 33

sub-section (1), or to comply with a requisition under

sub-section (2), or section 59-B.

67C. Penalty for possessing, etc. denatured spirituous 33

preparations in contravention of provisions of

section 59C and 59D.

68. Penalty for opening etc., of common drinking house. 33

(5)

69. Penalty for illegal import, etc., mhowra flowers. 33

70. Penalty for illegal import, etc. of molasses. 34

71. (Deleted) 34

72. Penalty for removal of intoxicant, etc. 34

73. Penalty for printing or publishing advertisement in 34

contravention of provisions of Act, etc.

74. Penalty for circulating, etc. newspapers, etc. containing 34

advertisements regarding intoxicants, etc.

75. Penalty for inciting or encouraging certain acts. 34

75A. Penalty for contravention of provisions of section 43. 35

76. Penalty for neglect to keep measures, etc. 35

77. Penalty for misconduct by licensee, etc. 35

78. Penalty for misconduct by licensed vendor or 36

manufacturer.

79. Liability of licensee for act of servants. 36

80. Import, export etc. of intoxicant by any person on 37

account of another.

81. Penalty for attempts or abetment. 37

82. Breach of licence, permit, etc. to be an offence. 37

83. Penalty for conspiracy. 37

84. Penalty for being found drunk in any drinking house. 37

85. Penalty for being drunk and for disorderly behaviour. 37

86. Penalty for allowing any premises to be used for purpose 38

of committing an offence under Act.

87. Penalty for chemist, druggist or apothecary for allowing 38

his premises to be used for purpose of consumption

of liquor.

88. Penalty for issuing false prescriptions. 39

89. Penalty for maliciously giving false information. 39

90. Penalty for offences not otherwise provided for. 39

91. Demand for security for abstaining from Commissioner 39

of certain offences.

92. (Deleted) 39

93. Demand of security for good behaviour. 39

94. Execution of bonds in respect of minors. 40

95. Punishment for vexatious search seizure or arrest. 40

96. Punishment for vexatious delay. 40

97. Punishment for abetment for escape of persons arrested. 40

(6)

98. Things liable to confiscation. 41

99. Return of thing liable to confiscation to bona fide owners. 41

100. Procedure in confiscation. 41

101. Power of Collector, etc., to order sale or destruction of 42

articles liable to confiscation.

102. Forfeiture of any publication containing advertisement 42

or matter soliciting use of intoxicants.

103. Presumption as to commission of offences in certain case. 42

103A. (Deleted) 43

104. Compounding of offences. 43

104A. Bombay Probation of Offenders Act, 1938, and 43

section 562 of Code of Criminal Procedure, 1898, not to

apply to persons convicted of offence under this Act.

CHAPTER VIII – Excise Duties.

105. Excise Duties. 44

106. Manner of levying excise duties. 45

107. (Deleted) 46

107A. Declaration of stock of articles mentioned in section 24A : 46

maintenance of account and submission of returns.

107B. Power to obtain information and to search and seize 46

excisable articles.

108. Penalty for import, export, etc., of intoxicant without 47

payment of duty.

109. Duty on tapping of toddy trees. 47

110. Duty by whom payable. 47

111. Owner of trees entitled to assistance for duty paid. 47

112. Privilege of drawing toddy from trees belonging to 47

Government.

113. (Deleted) 47

114. Recovery of duties, etc. 47

CHAPTER IX – Powers and Duties of Officers and Procedure.

115. Magistrate’s power to impose enhanced penalties. 48

116. Procedure to be followed by Magistrates. 48

116A. Tender of pardon to accomplice. 48

117. Investigations, arrests, searches, etc., how to be made. 49

118. Procedure of Code of Criminal Procedure relating to 49

cognizable offences to apply.

(7)

119. Certain offences to be non-bailable. 49

120. Power of entry and inspection. 49

121. Power to open packages, etc. 50

122. Power to require production of licences. 50

123. Arrest of offenders and seizures of contraband articles. 51

124 Power to obtain information. 51

125. Power to seize intoxicants, etc. 51

126. Arrest without warrant. 51

127. Arrest of offenders failing to give names. 52

128. Issue of warrants. 52

128A. Certain provisions to apply to denatured spirituous 53

preparations.

129. Prohibition officers may be empowered to investigate 53

offences.

129A. Power to require persons to submit to medical 53

examination, etc.

129B. Documents or reports of registered medical practitioner, 54

etc. as evidence.

130. Arrested persons and things seized to be sent to officer- 54

in-charge of police station.

131. Bail by Prohibition officer. 54

132. Articles seized 55

133. Duty of Officers of Government and local authorities to 55

assist.

134. Offences to be reported. 55

135. Landlords and others to give information. 55

136. [Deleted.] 56

CHAPTER X- Appeals and Revision.

137. Appeals. 56

138. Revision 56

CHAPTER XI- Miscellaneous

139. General powers of State Government in respect of 56

licenses, etc.

140. Power of State Government to prohibit, regulate or 58

control consumption or use of intoxicants, etc., in

public place.

141. Employment of addition police. 58

142. Power of Collector to close places where intoxicant or 59

hemp is sold in certain cases.

(8)

143. Power of State Government to make rules. 59

144. Commissioner’s powers to make regulations. 63

145. Officers and person acting under this Act to be public 64

servants.

146. Bar of proceedings. 64

146A. Limitation of prosecutions or suits against officers. 64

146B. Provisions of Act not to apply to Government. 65

147. Provisions of this Act not to apply to import or export 65

across customs frontier.

148. Repeal and amendments. 65

149. Further repeals and savings consequent on commence- 66

ment of Bom. XXV of 1949 in other areas of State.

SCHEDULE I -A.

SCHEDULE I

SCHEDULE II.

SCHEDULE III.

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INDEX

PART – II

RULES, REGULATIONS, NOTIFICATIONS AND ORDERS ISSUED UNDER

THE BOMBAY PROHIBITION ACT, 1949

Para No. Subject in Short Section under Page No.

which issued

CHAPTER I- Date of Application of Act.

1. Date of application of the Bombay S.92(1) of G. of 70

Prohibition Act, 1949 (Bom. XXV of India Act, 1935.

1949) to the then province of Bombay.

2. Date of commencement of the Bombay S. 1 (3) 70

Prohibition Act, 1949 (Bom. XXV of

1949).

3. Date of enforcement of the Bombay S. 1(3) 70

Prohibition (Extension and Amendment)

Act, 1959 (Bom. XXII of 1959).

4. Date of commencement of the Bombay S. 1(2) of XXIII 70

Prohibition (Amendment) Act, 1959 of 1960.

(Bom. XXII of 1960).

5. Date of application of the Bombay S. 1 (3) 71

Prohibition Act, 1949 (Bom. XXV of

1949) to the outstillk area of the

Chanda district.

6. Date of commencement of the S. 1(2) of LII of 71

Maharashtra Director of Prohibition 1973.

and Excise (Change in Designation)

Act, 1973 (Mah. LII of 1973).

7. Date of commencement of the Bombay S .1(2) XXXIII 71

Prohibition (Amendment) Act, 1972 of 1972.

(Mah. XXXIII of 1972).

CHAPTER II- Molasses

8. The Bombay Molasses Rules, 1955. S.143 72

9. Holders of licences in form M-I to issue 101

permit in form M-VI.

10. Holders of licences in form M-IV 101

exempted from provision of Rule 21 of

the Bombay Molasses Rules, 1955.

(10)

11. Exempting distilleries from selling S. 139 (1) (c) 101

molasses or wash to Executive

Engineer, Field Unit Division, Bombay.

12. Exempting Executive Engineer, Field S. 139 (1) (c) 101

Unit Division, Bombay from provision

of section 27 of the Bombay Prohibition

Act, 1949.

13. Rate of Supervision charges on S. 58-A 101

molasses transported / exported to

other state etc.

14. The Maharashtra Molasses Storage S. 144 (1) (a) 102

and Supply Regulations, 1965. and (b)

15. Specifying permitted quantity of Rule 41 of the 104

molasses for domestic purpose. Bom. Molasses

Rules, 1955.

CHAPTER III- Mhowra Flowers

16. The Bombay Mhowra Flowers S.143 105

Rules, 1950.

17. Order specifying person to whom S. 139 125

licences for possession of Mhowra

Flowers exceeding prescribed limit

can be granted.

18. Requirement of transport pass when S. 60(2) 125

Mhowra Flowers are transported

through area in which no vacation

period or vacation period expired.

19. Prescribing limit in weight of Mhowra S.143(1) 126

Flowers for the purpose of Section 60(2)

of the B.P. Act., 1949.

20. The Bombay Prohibition (Mhowra S. 143 (1) 126

Flowers) Prescribed Limit in Weight

Rules, 1963.

21. Prescribing vacation periods, for S. 60(2) 128

certain areas in the State.

22. Prohibiting grant of import passes S.139(1) 129

for Mhowra Flowers without prior

approval of Commissioner.

CHAPTER IV- Neera

23. The Bombay Neera Rules, 1951. S. 143 129

24. Permitting possession and transport of Conditions 6 of 152

one litre of Neera without permit or pass N-III licence

by person above 21 years of age.

(11)

25. Investing with powers the holders S. 6 152

of N-IV licences to issue pass for

transport of Neera to persons holding

licence in Form N-I or Form N-III

26. Exempting from provisions of certain S. 139 (c) 152

conditions of licence in Form N-III, the

Marketing Officer, Palm Gur Section

of the All India Khadi and Village

Industries Board, Bombay.

27. The Maharashtra Neera (Import) S. 139 (1) (b) 153

Order, 1974.

28. The Neera ( Consumption) Order, 1958 154

(Cancelled)

CHAPTER V-Toddy

29. The Maharashtra Toddy Shops S. 143 (2) 154

(Licensing) and Toddy Trees (Tapping)

Rules, 1968.

30. The Maharashtra Toddy Shops (Grant S. 139 (1) (k) (l) 184

of Licences by Auction-cum- Tender) & (m)

Order, 2001.

31. Auction and Tender System for issuing S.139(1)(c) 193

toddy licence in Form T.D.I., suspended

for 4 year w.e.f. 1st September.

32. Order rescinding exemption from S.139(1)(c) 193

provisions of Toddy rules and Order.

33. Remission of Tree Tax on Toddy S. 139(1)(d1) 193

Producing Trees.

34. Prescribing rates of duty on toddy S. 109 (1) 194

producing trees from which toddy is

drawn.

35. Investing the holders of licences for S. 6(2) 194

retail sale of toddy, with powers under

Section 28, to issue passes in Form

TD-3 for transport of toddy.

36. Exempting toddy containing not S. 25 194

more than five per cent of alcohol by

volume from certain provisions of

Sections 12(c) & (d) and 13 (b)

37. Directions to close down the toddy Rule 5A of 195

shops in Pandharpur Town of Toddy Rules.

Sholapur district during the festival

of Ashadhi and Kartiki Ekadashi.

(12)

38. The Maharashtra Toddy Shops S. 143(2) (b) (c) 195

(Licensing in Tribal Areas) and Toddy (f) (g) (h1) (i)

Trees (Tapping in Tribal Areas) (k) (l) (13) & (u)

Rules, 1981.

39. The Toddy (Manufacture, Possession Ss. 143 (2), 218

and Consumption) Rules, 1961. 52 & 53.

40. Prescribing rate of duty on toddy S. 109 (1) 226

producing trees in Chanda district.

CHAPTER VI- Rectified Spirit

41. The Bombay Rectified Spirit Rules, 1951 S. 143 227

42. The Bombay Rectified Spirit S. 143 282

(Transport in Bond) Rules, 1951.

43. Authorising the Commissioner to S. 143 & 107 293

remit excise duty leviable on rectified

spirit required by Hakeems or Vaidyas.

CHAPTER VII- Spirituous Preparations

44. The Bombay Spirituous Preparations S. 143 297

(Manufacturing) Rules, 1955

45. The Bombay Medicinal and Toilet S. 143 302

Preparations (Use of Liquor)

Rules, 1955

46. The Bombay Toilet Preparations S. 143 308

(Sales) Rules, 1954.

47. The Bombay Spirituous Medicinal S. 143 313

Preparations (Sale) Rules, 1954.

48. The Maharashtra Spirituous S. 143(2) (b) 325

Preparations (Import and Export)

Rules, 1963.

49. The importer or manufacturer or S. 143 (2) (v) & 342

articles determined as unfit for use S. 107-A

as intoxicating liquor has to declare

the stock and maintain accounts etc.

50. The Bombay Prohibition (Board of Ss. 143 & 6A. 346

Experts) Rules, 1954.

51. List of preparations declared by S. 6A (6) 347

Government as fit for use as intoxicat-

ing liquor.

(13)

52. Delegation of powers under S. 10 354

Section 58-A to the Commissioner in

relation to manufacture of medicinal

and toilet preparation containing

alcohol.

53. Direction of the Commissioner that the S.58-A 354

manufacture of medicinal and toilet

preparations containing alcohol shall

be under excise supervision.

CHAPTER VIII- Denatured Spirit & Denatured

Spirituous Preparations.

54. The Bombay Denatured Spirit S. 143 355

Rules, 1959.

55. Prescribing form of licence authorising S. 143 432

storage in bond and sale for export by

sea outside India in bond of denatured

spirit.

56. The Maharashtra Denatured Spirituous S. 143 (2) & 434

Preparations Rules, 1963. 59- D

57. Exempting certain denatured spirituous S. 139 (d) 464

Preparations from the provisions of

Section 59-C and 59-D.

58. Exempting all denatured spirituous S. 139 (d) 464

preparations from the provisions of

Sections 59-C and 59-D so far as they

relate to possession and transport.

59. Exempting certain denatured spirituous S. 139 (1) (d) 464

preparations from provisions of

Section 59-D (1) (b) in respect of export.

59-A Exempting denatured spiritious preparat- 464

ions excluding french polish, thinners

and varnishes (other than picture

varnishes) from provisions of clause (b)

of sub-section (1) of section 59-D.

CHAPTER IX- Country Liquor

60. The Maharashtra Country Liquor S. 143 (2) (a) 465

Rules, 1973. read with Ss.

11 & 52.

61. The Maharashtra Country Liquor S. 143 (2) 540

(Ceiling on Wholesale Price)

Rules, 1973.


(Ceiling on Retail Price) Rules, 1973. (h1) (ii)


(Ceiling on Ex- Manufactory Price)

Rules, 1989.

(14)

64. The Maharashtra Country Liquor S. 143 (2) (h1)(ii) 540

(Ceiling on Wholesale Price, Retail

Price and Ex-manufactory Price)

(Repeal) Rules, 1993.

65. The Maharashtra Country Liquor S. 143 (2) (b) 540

(Import and Sale by Wholesale) (f) (g) (h-1)

Rules, 1975. (k) (u)

66. Investing the officers of Food and S. 6 (1) 565

Drug Administrations, Maharashtra

State, with powers under Section 122

in respect of inspection of country

liquor licences and drawing of

samples for testing purpose.

67. Chemical analyser for the purpose . . 566

of C.L. Rule, 1973.

68. Investing holder of C.L.II licences for S. 6 (2) 566

wholesale sale of country liquor, to

issue passes in Form C. L. XVII for

transport of country liquor.

69. Exempting holders of C. L. II licences S. 139 (1) (c) 566

from the provisions of rule 18 of the

Maharashtra Country Liquor Rules,

1973.

70. Exempting the Superintendent, S. 139 (1) (c) 567

Government Distillery Chitali from

provisions of rule 5 of the Maharashtra

Country Liquor Rules, 1973.

71. Exempting country liquor produced S. 139 (1) (d) 567

from spirit distilled from bases other

than molasses and blended country

liquor from the provisions of ceiling

on prices.

72. Rates of excise duty on country S. 105 567

liquor transported or imported for

consumption to or into any place in

the State of Maharashtra.

73. Rates of excise duty on country liquor S. 105 568

transported from a manufactory to,

or imported into any place in the State

of Maharashtra. (Superceded by

G.N.H.D. dated 13-9-1996).

74. Order prohibiting the grant of licences S. 139 (1) (a) 569in Form C. L. I. for manufacturingcountry liquor.

(15)

75. Specifying Chemical Analysers under S. 143 569

the Maharashtra Country Liquor

Rules, 1973.

CHAPTER X- Foreign Liquor

(A) Manufacture

76. The Maharashtra Distillation of Spirit S.143 (2) 570

and Manufacture of Potable Liquor

Rules, 1966.

77. Prescribing a form of licence in which S.143 653

the Director of Prohibition and Excise

was authorised to grant a licence for

working a distillery and manufacture

of spirit. (Has become absolute)

(omitted).

78. The Maharashtra Manufacture of S.143 (2) 653

Beer and Wine Rules, 1966.

(B) Descriptions of Country Liquor

declared as Foreign Liquor.

79. Certain descriptions of country liquors S. 2 (17) 691

declared as foreign liquor for the

purpose of the Act.

80. Declaring certain country liquor S. 2 (17) 691

manufactured by M/s. Bharath (Goa)

Fruit Distilleries, Goa, as foreign liquor

for the purpose of the Act.


manufactured by M/s. Real Bottling

Factory Pvt. Ltd. Panjim.


manufactured by M/s. New Goa

Distillery, Margaon, Pernem as foreign

liquor for the purpose of the Act.

(C) Licensing, Import, Export, Fees etc.

83. The Bombay Foreign Liquor Rules, 1953 S. 143 692

84. The Maharashtra Draught Beer (Retail S.144 (1) 803

Sale) Regulations, 1995.

85. The Maharashtra Foreign Liquor S. 143(1) & (2) 803

(Storage in Bond) Rules, 1964

86. Prohibiting the grant and renewal of 812

licence in form B.W.I.

(16)

87. The Maharashtra Foreign Liquor S. 144 (1) (a) & 812

(Storage and Supply) Regulations, 1964. (b)

88. The Maharashtra Foreign Liquor S. 143 (2) 813

(Sale on Cash Register of Sales, etc.)

Rules 1969.

89. The Special Permits and Licences S. 143 841

Rules, 1952.

90. The Maharashtra Foreign Liquor S. 143(2) 867

(Import and Export) Rules, 1963.

91. The Maharashtra Indian Made S. 143 923

Foreign Liquor (Transport and Export

under Bond) Rules, 1968.

92. The Bombay Foreign Liquor and S. 143 (2) (b), 935

Rectified Spirit (Transport Fees) (f) and (u)

Rules, 1954.

93. Prohibiting the sale of foreign liquor S. 143 (2) (k) 938

to certain permit holders.

94. Constitution of Medical Boards of S. 8 938

I.M.F.L. permits.

95. Conditions for removal of medicated S. 143(2) (b) 939

or tonic wine from port of Land

Custom Station etc.

96. Direction to close down the licensed R. 9 of M.F.L. 939

premises of F. L. Trade and Import (Sale on cash,

and Vendors licences during elections. Register of sales)

Rules, 1969.

97. Directions to close the ‘E’ bar licences Condition 1(b) 940

during Ashadhi and Kartiki Ekadashi of “E” licence

Festivals, in Pandharpur of Sholapur

district.

98. Directions to close down the Vendor’s R. 9 of M.F.L. 940

shops in Pandharpur Town of Sholapur (Sale on Cash

district during Ashadhi and Kartiki etc.) Rules,

Ekadashi festivals. 1969.

(D)- Delegation / Investment of powers

99. Delegation of powers to the Commi- S.10 (1) 941

ssioner to refund Excise Duty and

Transport Fee paid on Indian Made

Foreign Liquor exported from the

State.

(17)

100. Delegation of powers to Collectors to S.10 (1) 941

approve feeder godowns in respect of

foreign liquor vendors licensees in

their respective jurisdiction.

101. Delegating powers to Collectors to S.10 (1) 941

grant and renew licence in Form BRL

for manufacture of wine.

102. Directing the Collectors to obtain S. 139 (1) (g) 941

prior approval of the Government for and (n)

granting F. L. III licencees under the

Bombay Foreign Liquor Rules, 1953.

(Revoked by G.N. of 17-2-1989).

103. Appointing certain officers of Prohibi- S. 4 (3) 941

tion and Excise to perform functions

of the Forms F.L. X-C and F.L. X-D under

Bombay Foreign Liquor Rules, 1953.

104. Appointing certain officers of Prohibi- S. 4 (3) 942

tion and Excise to exercise powers and

perform functions of Collectors to

issue passes for transport-in-bond or

export-in-bond for I.M.F.L.

105. Authorising the Director and Article 258-A 942

Assistant Director Government of of Constitution

India Tourist Office, Bombay to Grant

tourist’s permits.

105-A Investing the Manager and the Accoun- S. 6(2) 942

tant of the Royal Bombay Seamen’s

Society with powers to grant visitors

permits.

(E) Exemptions and Remittances

106. Exempting the Managers of M/s. Taj S. 139 (c) 943

Mahal and M/s. Greens Hotel, Bombay

from observance of certain provisions

of the Bombay Foreign Liquor Rules,

1953.

107. Exempting the Trustees of the Port of S. 139 (c) 943

Bombay from certain provision of

Section 12(c) and (d).

108. Remitting wholly the fees leviable on S. 139 (1) (d1) 943

foreign liquor imported by holders of

special permits holders under

Section 46-A, upto 750 ml.

(18)

109. Exempting certain liquor permit holders S. 139 (1) (c) 944

and certain licenses, from provisions

of the Act and certain rules, in respect

of foreign liquor.

110. Exempting persons eligible for permits S. 139 (1) (c) 945

under Section 41 or 46-A and visit the

State as State Guest, from observance

of certain provisions of the Act and

rules.

111. Exempting certain categories of permit S. 139 (1) (c) 946

holders from observance of provisions

of the Act so far they relate of offering

of liquor to other permit holders etc.

112. Exempting Hotel Licensees from certain S. 139 (1) (c) 947

provisions of the Director’s regulations

(Repealed).

113. Exempting persons eligible for Special S. 139 (1) (c) 947

Permits under section 41 and visiting

the State for not more than 10 days,

from, certain provisions of the

Act.

114. Exempting the Officer-in-charge of the S. 139 (1) (c) 948

shops at Santa Cruz Air Port and

In-transit and outgoing passengers

from certain provisions of the Act

subject to certain conditions.

115. Exempting holders of Vendors, Hotel S. 139 (1) (c) 949

and Club licences under the Bombay

Foreign Liquor Rules, 1953 from

certain provisions of their licence

conditions.

116. Exempting person who is not a citizen S. 139 (1) (c) 949

of India from certain provisions of

the Act and exempting holders of

Vendor’s, Trade and Import, Hotel and

Club licences from provisions of the

Bombay Foreign Liquor Rules, 1953,

relating to sale of foreign liquor.

117. Exempting the Manager, Aurangabad S. 139 (1) (c) 950

Hotel of Government of India Tourism

Development Corporation from

requirement of payment of deposit.

(19)

118. Exempting Star Hotels, holding licences S. 139 (1) (c) 950

in Form F.L.III, from certain provisions

of the Maharashtra Foreign Liquor

(Sale on Cash, Register of Sales etc.)

Rules, 1969 and the Special Permits

and Licences Rules, 1952.

118-A Exempting the Three Star, Four Star, S. 139 (1) (c) 951

and Five Star Hotels & Restaurent

approved by Tourism Deptt. of Govt.

of India from the operation of sub-rule

(1C) of rule 45 of Bombay Foreign

Liqour Rules, 1953.

119. Exempting Import, transport etc. of S.139 (1) (c) 951

Fenny and / or Wine.

120. Remission of Special Fee on Concen- S.139 (1) (d1) 951

trates of Foreign Liquor imported

across Customs Frontier.

121. Remission of Special Fee on Concen- S.139 (1) (d1) 951

trates of Wine or Bulk Wine imported

across Customs Frontier.

122. Remission of Excise Duty for the S.139(1) (d1) 951

Wineries of the State on wines

produced without addition of alcohol.

(F) Armed Forces

123. Authorising certain Armed Forces S. 28 954

Officers to grant passes for transport

and export of foreign liquor subject to

certain conditions.

124. Permitting, subject to certain conditions, S. 39 954

sale of foreign liquor to and the use or

consumption of such liquor by the

members of the Armed Forces in

military or naval messes and canteens.

125. Military Vendor’s licensees are S. 139 (1) (c) 955

permitted to sell foreign liquor to

military and naval messes and canteens

although such canteens/messes may

not hold licence.

126. Prescribing licence for import, export, S. 139 (b) 955

transport of I.M.F.L. (Rum) or sale by

Officers Commanding to Army or

Naval Supply Depots or Victualling

Yard.

(20)

127. Exempting Officers Commanding of S. 139 (1) (c) 958

Armed Forces from provisions of G.N.,

R. D. No. PRT 1857 / 169563, dated

18th October, 1958 in certain respect

and from payment of excise duty.

128. Subject to certain conditions, remitting S. 139 (1) (d1) 958

excise duty in excess of Rs. 20.00 per

proof litre of alcohol contents of I. M.

F. L. (Rum) supplied to armed forces.

129. Remitting excise duty in excess of the S. 139 (1) (d1) 958

rate mentioned in the Schedule, on

foreign liquor supplied to Armed

Forces, through M/s. Canteen Stores

Department (I). (i. e. rates of excise

duty charged to armed forces).

130. Exempting Ex-Servicemen from certain S.139(1)(c) 959

provisions of the Bombay Foreign

Liquor Rules, 1953.

CHAPTER XI- Maximum Retail Price and

Excise Duties

131. The Maharashtra Potable Liquor S.143(2)(h1)& 960

(Fixation of Maximum Retail Prices) S.53

Rules, 1996.

132. Specifying rates of Excise Duty or S. 105 967

Countervailing Duty on Excisable

Articles.

132-A. Specifying dates of implimentation S. 105 971

of ad-valorem based duty Structure.

CHAPTER XII- Sacramental Wine

133. The Bombay Sacramental Wine S. 143 972

Manufacturing Rules, 1950.

134. The Bombay Sacramental Wine Rules, S. 143 984

1950.

135. Religious Heads or other persons S.143 990

approved by Government for issuing

Certificates of recommendations for

Sacramental Wine or Liquor.

(21)

CHAPTER XIII-Blood Test

136. The Bombay Prohibition (Medical S. 143 (2) 991

Examination and Blood Test) Rules,

1959.

137. Appointing Officers to test blood S. 129A (1) 996

forwarded to them by the authorised

Medical practitioners.

138. Empowering officers of Prohibitions S. 129A (1) 996

and Excise Department of exercise

powers under section 129A (1).

139. Authorising R. M. Ps. of State S. 129A (1) 996

Government allopathic hospitals and

dispensaries for the purpose of

Section 129A(1).

140. Authorising R. M. Ps. of (1) Khan S. 129A (1) 996

Bahadur Hospital, Kurla and

(2) Khurshedji Beharamji Bhabha

Hospital, Bandra for the purpose

of Section 129 A(1).

141. Authorising all R. M. Ps. of Zilla S. 129A (1) 997

Parishads hospitals and dispensaries

for the purpose of Section 129A(1).

142. Authorising all R. M. Ps. of Municipal S. 129A (1) 997

dispensaries in the State for the

purpose of section 129A(1).

143. Authorising all female R. M. Ps. of S. 129A (1) 997

State Government hospitals and

dispensaries for the purpose of

Section 129A(4).


(1) Khan Bahadur Bhabha Hospital,

Kurla and (2) Khurshedji Beharamji

Bhabha Hospital, Bandra for the

purpose of Section 129A(4).

145. Authorising all female R.M.Ps. of Zilla S. 129A (4) 997

Parishads hospitals and dispensaries

in the State for the purpose of

Section 129 (A) (4).

(22)


Municipal dispensaries in the State

for the purpose of Section 129 A (4).

CHAPTER XIV- Intoxicating Drugs

147. Declaring certain substances as S. 2 (23) (d) 998

intoxicating drugs.

148. Prescribing rates of excise duty on S. 105 998

opium, Ganja and Bhang.

149. Exempting persons holding ‘ opium S. 139 (1) (c) 998

permits’ issued by the concerned

State Excise Authorities and visiting

the State of Maharashtra, from certain

provisions of Sections 17 (a) (b) (c)

and (e) and 105 (1) (c).

150. Exempting the principal, Ayurved S. 139 (1) (c) 999

Mahavidhyalaya, Pune from provisions

of Section 14 (b) in respect of

cultivation and collection of bhang.

151. Entrusting certain officers of the Article 258-A 999

Naracotic Department of the of Constitution

Government of India, the functions

under Section.

152. The Ganja and Bhang Rules, 1953 S.143 999

(Repealed).

153. The Bombay Opium Rules, 1953 Ss. 49 and 143 999

(Repeated).

154. The Maharashtra Poppy Capsules S. 143 (2) 999

Rules,1961 (Repeated).

155. The Bombay Prohibition (Drugs Permit) S. 143 (2) 1000

Medical Board Rules, 1954. (Repeated).

156. Methanol and Chloral Hydrate to be 1000

intoxicant for the purpose of the

Bombay Prohibition Act, 1949

(Cancelled w.e.f. due of its publication).

CHAPTER XV- Common Notifications

& Orders.

157. The Bombay Prohibition (Privileges S. 143 (2) (u) 1000

Fees) Rules, 1954.

(23)

158. Prescribing Special Passes for the SS. 143 and 53 1004

import / export / transport of

intoxicants / hemp / mhowra flowers/

molasses.

159. Prohibiting employment of certain S. 143 (2) (i) 1007

category of persons by holders of

licences for sale of intoxicants

mhowra flowers or molasses.

[Superceded by the following

notification].

160. Regulation of Employment by the S. 143 (2) (i) 1007

Licence-Holders rules, 1996

161. Prohibiting the grant of certain S. 139 (1) (a) 1008

licences in Wardha district from

25th April, 1975.

162. Prohibition in Gadchiroli District. 1009

163. Prohibiting the grant of permits for S. 139 (1) (a) 1009

foreign liquor and country liquor in

Forms F.L.X-B and C.L. XXIV

respectively.

164. The Bombay Prohibition (Restriction S. 139 (1) (a) & 1009

on Grant of Licences) Order, 1980. (n)

165. The Bombay Prohibition (Restriction S. 139 (1) (a)& 1011

on Renewal or Re-grant of Licences) (n)

Order, 1980.

166. Prohibiting the grant of certain S. 139 (1) (a) 1013

licences in Tribal Areas of the State.

167. Exempting tribals, residing in Tribal S. 139 (1) (c) 1017

Areas from certain operations of and (d)

Sections 12 and 13 (b) and (c) in

respect of their own local traditional

drinks brewed etc.

168. The Maharashtra Through Transport Ss. 143 (2) and 1019

Rules, 1997. 29.

169. Exempting from provisions of S. 139 (1) (d) 1025

Section 105, the excisable articles

transported in accordance with the

provisions of the Maharashtra

Through Transport Rules, 1962.

(24)

170. Exempting advertisements of certain S. 24 (2) (d) 1025

intoxicants from operation of

Section 24(1)(a).

171. Exempting certain intoxicants from S.139 (d) 1025

provisions of Sections 12 (c) and (d)

and 13(b).

172. Certain preparations containing alcohol S.25 1027

upto certain percentage are exempted

from certain provisions of various

sections of the Act.

173. Elimination of pies in the recovery of S.143 1028

Excise Revenue.

174. The Bombay Prohibition Consficated S.144 (1) (i) 1028

or Forfeited Articles (Disposal)

Regulations, 1953.

175. The Bombay Prohibition Intoxicants S.144 (1) (h) 1032

(Destruction) Regulations, 1954.

176. Prescribing licence for sale of Rotten S.139 (b) 1033

Gur or/and rotten dates. (Cancelled).

177. The Bombay Prohibition (Closure of S.139 (1) (2) 1033

Licence on Resolution by the Village

Panchayat or Gram Sabha or Women /

Social Organisation or Representation

by Voters in the village or ward of

Municipal Council / Corporation)

Order, 2003. [Superceded by following

Order]

178. The Bombay Prohibition (Closure of S.139 (1) (2) 1033

Licence on Resolution by Gram Sabha

or Representation by Voters in the

war of Municipal Council/ Corporation)

Order, 2008.

179. The Maharashtra Potable Liquor S.143; S.53; 1036

(Periodicity and Fees for Grant, S.49

Renewal or Continuance of Licences)

Rules, 1996.

CHAPTER XVI - Powers

180. Investing Officers of the various S.6 1038

Departments with powers under various

Sections of the Act.

(25)

181. Authorising various officers of various Ss. 28,30,31, 1047

Departments to exercise powers, 32 etc.

discharge duties and perform functions

under various Sections of the Act.

182. Delegating powers under certain S.10 1053

Sections of the Act to the Commissio-

ner and the Collectors, including

powers under Section 104.

183. Empowering all salaried Presidency S.93 1055

Magistrates under Section 93 of the

Act.

184. Specifying the rank of Prohibition S.127 (1 ) 1055

Officer for the purpse of Section 127 (1)

185. Appointing Additional Collectors to S.4 1055

exercise all powers and to perform

all duties or functions assigned to

Collectors, under the Act.

186. Investing Officers of Police and S.6 1055

Prohibition Departments with powers

under Sections 100 and 101 of the Act.

CHAPTER XVII – Appeals and Revisions.

187. The Bombay Prohibition (Appeal) S.143 1056

Rules, 1953.

188. Investing the Secretary to the Gover- S.6 1058

nment , Home Department (Transport),

In-charge of Prohibition Division, with

all powers, duties and functions of the

State Government under Sections 137 (1),

(2) and 138.

189. Investing Secretary to the Government, S.6 1058

Home Department (Transport) with the

powers, under Sections 54(3), 137 (1) ,

(2) and 138.

190. Discontinuation of powers of Secretary S.6 1058

to the Government, Home Department

(Transport) under Sections 54(3),

137 (1), (2) and 138.

(26)

PART – III

CONTENTS

Sr. No . Subject Matter Page No.

1. The Bombay Molasses (Control) Act, 1956 1060.

2. Date of enforcement of the Act. 1066

3. The Bombay Molasses (Sale, Supply and Price) Control 1066

Order, 1960 (rescinded w.e.f. 22-6-1993)

4. The Maharashtra Molasses Fund Utilisation Order, 1066

1976 (rescinded w.e.f. 22-6-1993)

5. The Molasses Control Order, 1961 (rescinded w.e.f. 1067

10-6-1993)

6. The Ethyl Alcohol ( Price Control) Order, 1971 (rescinded 1067

w.e.f. 10-6-1993)

11949 : Bom. XXV] Bombay Prohibition Act, 1949

BOMBAY ACT NO. XXV OF 19491

[ THE BOMBAY PROHIBITION ACT, 1949 ]

(This Act received assent of the Governor General on the 15th May 1949; assent was firstpublished in the Bombay Government Gazette on the 20th May, 1949.)

Adapted and modified by the Adaptation of Laws Order, 1950.Amended by Bom. 28 of 1950.” ” ” 26 of 1952.” ” ” 18 of 1953.” ” ” 67 of 1953.” ” ” 21 of 1954.” ” ” 36 of 1954.” ” ” 64 of 1954.” ” ” 20 of 1955.

Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects)Order, 1956.

Amended by Bom . 12 of 1959.” ” ” 22 of 1960.

Adapted and modified by the Maharashtra Adaptation of Laws (State and ConcurrentSubjects) Order, 1960.

Amended by Mah. 46 of 1962.” ” Mah. 33 of 1972.” ” Mah. 52 of 1973 (14-1-1974)*” ” Mah. 70 of 1981 (23-10-1981 )*@Amended by Mah. 9 of 1997 (4-9-1996)@@” ” Mah. 46 of 1997” ” Mah. 18 of 1998” ” Mah. 35 of 2000 (16-11-2001)$” ” Mah. 52 of 2005 (19-11-2005)*@@@” ” Mah. 29 of 2006 ( )$$

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

and also the Abkari law in the 2[State] of Bombay.WHEREAS it is expedient to amend and consolidate the law relating to the promotion and enforce-ment of and carrying into effect the policy of Prohibition and whereas it is also necessary to amendand consolidate the Abkari law in the 2[State] of Bombay for the said purpose and to provide forcertain other purposes hereinafter appearing; It is hereby enacted as follows:

1 CHAPTER IPreliminary

1. (1) This Act may be cited as the Bombay Prohibition Act, 1949.3[(2) It extends to the whole of the 4[State of Maharashtra].** (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].

Short title

extent and

commence-

ment

1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1948, Part V, page 655.

2 This word was substituted for the word “Province” by Bom. 12 of 1959, s. 4.

3 This sub-section was substituted for the original, ibid. s. 5 (a).

4 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and

Concurrent Subjects) order, 1960.

5 These words were inserted by Bom. 12 of 1959, s. 5 (b) (l).

6 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

7 This portion was substituted for the word “specify” by Bom. 12 of 1959, s. 5 (b) (ii).

t This Act was extended to those areas of the State of Bombay to which immediately before the commencement of Bom. 12

of 1959, it did not extend (vide Bom. 12 of 1959, s. 2).

**Sub-section (3) shall stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects)Order, 1960.

@ Maharashtra Ordinance No. XV of 1981 was repealed by Mah. 70 of 1981, s. 5.

* This indicates the date of commencement of Act.

@@ Maharashtra Ordinance No. XII of 1996 was repealed by Mah. 9 of 1997, s. 48 (l).

$ This Act came into force on 16-11-2001 vide G. N. No. H.D., BPA-1098/8/EXC-2, dated the 16th October 2001.

@@@ Maharashtra Ordinance No. XI of 2005 was repealed by Mah. 52 of 2005, s. 38 (l).

$$ This Act came into force on 2006 vide G. No. H.D., BPA/EXC-2, dated the 2006.

2 Bombay Prohibition Act, 1949 [1949 : Bom. XXV

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

Provided that having regard to the nature of the outstill area of the Chanda District, thegeneral backwardness of the people residing therein, and the necessity of preparing anadequate background before the introduction of prohibition therein, the StateGovernment may, if it thinks fit, fix a different date for bringing the Act into force inthat area.

Explanation.— In this sub- section the expression “outstill area of the ChandaDistrict” means the areas of the Chanda District specified in Schedule I-A.]

*1 [(4) On the commencement of this Act in the manner provided in sub-section (3)in any area to which this Act is extended by the Bombay Prohibition (Extension andAmendment) Act, 1959, all rules, regulations, orders and notifications made or issuedor deemed to be made or issued under this Act and in force in the pre-reorganisationState of Bombay excluding the transferred territories immediately before suchcommencement, shall also extend to, and be in force in that area].

2. 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 ofliquor for sacramental purposes;

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

2* * * * *

3[(4) “Collector” includes an officer appointed by the State Government to exercise allor any of the powers and to perform all or any of the duties or functions of aCollector under this Act;]

4[(5) “Commissioner” means an officer appointed as the Commissioner of Prohibitionand Excise under section 3 of the Act and includes any officer on whom the State Govern-ment may confer all or any of the powers of the Commissioner under this Act;]

(6) “committee 5[or board]” means 6[a committee or board] appointed by the 7[State]Government under section 7;

(7) “Common drinking house” means a place where the drinking of liquor orconsumption of any intoxicating drug is allowed for the profit or gain of the personowing, occupying, using, keeping or having the care of management or control of suchplace whether by way of charge for the use of the place or for drinking facilitiesprovided, or otherwise howsoever and includes the premises of a club or any otherplace which is habitually used for the purpose of drinking liquor or consuming anyintoxicating drug by more than one person without a licence granted under this Act;

Bom.

XII of

1959.

Definitions.

1 This sub-section was added by Bom. 12 of 1959, s. 5 (c).

2 Clause (3) was deleted by Bom. 22 of 1960, s. 2 (a).

3 Clause (4) and (5) were substituted for the original by Bom. 12 of 1959, s. 6 (a).

4 Clause (5) was substituted by Mah. 52 of 1973, s. 3, Sch.

5 These words were inserted by Bom. 22 of 1960, s. 2 (b).

6 These words were substituted for the words “any of the committees”, ibid.


* Sub-section (4) shall stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects)

Order, 1960.

Bom.

XII of

1959.


(8) “country liquor” includes all liquor produced or manufactured in India;

1[(9) “cultivation” means raising a plant from seed and includes the tending or

protecting of a plant during its growth;]

(10) “denatured” means subjected to a process prescribed for the purpose of

rendering unfit for human consumption;

2[(10a) “denatured spirituous preparation” means any preparation made with

denatured spirit 3[or denatured alcohol] and includes lacquers, French Polish and

varnish prepared out of such spirit or alcohol;]

4 * * * * *

(12) “ to drink” with its grammatical variations means to drink liquor or to consume

any intoxicating drug;

(13) “excisable article” means—

(a) any alcoholic liquor for human consumption,

(b) an intoxicating drug 5[or hemp],

(c) opium,

6[(d) other narcotic drugs and narcotics which the State Government may, by noti-

fication in the Official Gazette, declare to be an excisable article];

(14) “excise duty” and “countervailing duty” means such excise duty or

countervailing duty, as the case may be, as is mentioned in 7 [entry 51 in list II in the

Seventh Schedule to the Constitution];

(15) “excise revenue” means revenue derived or derivable from any duty, fee, tax,

fine (other than a fine imposed by a court of law) or confiscation or forfeiture imposed

or ordered under the provisions of this Act, or of any other law for the time being in

force relating to intoxicants;

(16) “export” (except in section 147) means to take out of the 8[State] otherwise

than across a customs frontier 9 * * * * * ;

(17) “foreign liquor” 10[means all liquor produced or manufactured outside India;]

Provided that the 8[State] Government may by notification in the Official Gazette

declare, that any specified description of country liquor shall, for the purposes of this

Act, be deemed to be foreign liquor;

1 This clause was substituted for the original by Bom. 22 of 1960, s. 2 (c).

2 Clause (10a) was inserted by Bom. 36 of 1954, s. 2.

3 These words were substituted for the words “or alcohol” by Bom. 22 of 1960, s. 2 (d).

4 Clause (11) was deleted, ibid., s. 2 (e).

5 These words were added, ibid., s. 2 (f).

6 This was substituted for clauses (d) and (e), ibid.

7 This portion was substituted for the portion “Item 40 in List II in the Seventh Schedule to the Government of India

Act, 1935” by the Adaptation of Laws Order, 1950.

8 This word was substituted for the word “pre-Reorgnisation State of Bombay excluding the transferred territories” by

Bom. 12 of 1959, s. 3.

9 The words “as defined by the Dominion Government” were deleted by Bom. 26 of 1952, s. 2.

10 These words were substituted for the words “includes all liquor brought into India by sea, air or land;” by Bom. 22 of 1960,

s. 2 (g).


(18) “hemp” means any variety of the Indian hemp plant from which intoxicating

drugs can be produced ;

(19) “hotel licence” means a licence granted under section 35 ;

1

[(19a) “household” means a group of persons residing and messing jointly as

members of one domestic unit, but does not include their servants ;]

(20) “import” (except in section 147) means to bring into the 2 [State] otherwise

than across a customs frontier. 3* * * *

(21) “interim permit” means a permit granted under section 47 ;

(22) “intoxicant” means any liquor, intoxicating drug, opium or any other substance,

which the 4[State] Government may, by notification in the Official Gazette, declare to

be an intoxicant ;

(23) “intoxicating drugs” means—

(a) the leaves, small stalks and flowering or fruiting tops of the Indian hemp

plant (Cannabis Sativa L) including all forms known as bhang, sidhi, or ganja

(b) charas, that is, the resin obtained from the Indian hemp plant, which has not

been submitted to any manipulations other than those necessary for packing and

transport ;

(c) any mixture with or without neutral materials of any of the above forms of

intoxicating drug or any drink prepared therefrom ; 5 *

6[(d) any other intoxicating or narcotic drug or substance together with

every preparation or admixture of the same which the State Government may be

notification in the Official Gazette, declare to be an intoxicating drug for the

purposes of the Act, such drug, substance, preparations or admixture, not being opium

coca leaf or a manufactured drug as defined in section 2, of the Dangerous Drugs Act,

1930 ;]

II of1930.

1 This clause was inserted by Bom. 22 of 1960, s. 2 (h).

2 This word was substituted for the words “pre-Reorganisation State of Bombay excluding the transferred territories,” by

Bom. 12 of 1959, s. 3.

3 The words “as defined by the Dominion Government” were deleted by Bom. 26 of 1952, s. 2.


5 The word “and” was deleted by Bom. 26 of 1952, s. 2 (2).

6 Clause (d) was substituted for the original clause with the proviso, ibid.


(24) “liquor” includes—

(a) 1[spirits]’ 2[denatured spirits], wine, beer, toddy and all liquids consisting of orcontaining alcohol; and

(b) any other intoxicating substance which the 3 [State] Government may, bynotification in the Official Gazette, declare to be liquor for the purposes of this Act;

(25) “manufacture” includes—

(a) every process whether natural or artificial by which any liquor or intoxicatingdrug is produced, prepared or blended and also redistillation and every process forthe 4[rectification, flavouring, or colouring of liquor or intoxicating drug] but does notinclude flavouring, blending or colouring of liquor or intoxicating drug lawfully pos-sessed for private consumption; and

(b) every process of producing and drawing of toddy from trees;

(26) “Medical Board” means a board constituted under section 8;

(27) “mhowra flowra” does not include the berry or seed of the mhowra tree;5

(28) “molasses” means the heavy, dark coloured viscous liquid produced during themanufacture of gur or sugar containing, in solution or suspension, sugars which can befermented, and includes the solid form of such liquid and also any product formed by theaddition to such liquid or solid of any ingredient which does not substantially alter thecharacter of such liquid or solid; and shall also include substances containing sugarsobtained from sugarcane known as black coloured gur and residual substances obtainedfrom khandsari known as third sugar or raskat or sayar and irrespective of its colourrotten gur or rotten rab which conform to the following analytical standards on dryweight basis,—

(i) total sugars (expressed as invert sugar) less than 85 per cent. and sucrose lessthan 57 per cent.; or

(ii) extraneous matter insoluble in water more than 2 per cent.; or(iii) total ash more than 6 per cent.; or(iv) ash insoluble in Hydrochloric acid (HCL) more than 0.5 per cent.; or(v) more than 10 per cent. of moisture;

but does not include any article which the State Government may, by notification inthe Official Gazette, declare not to be molasses, for the purposes of this Act.]

(29) “ Officer in charge of a Police Station” includes—

(a) in, the Greater Bombay the officer in charge of police station as providedunder the provisions of the 6[Bombay Police Act, 1951; and]

(b) elsewhere the officer in charge of a police station as defined in the *Code ofCriminal Procedure, 1898;

(30) “opium” means—

(a) the capsules of the poppy (Papaver Somaniforum L) 7[whether in their

original form or cut or crushed or powdered and whether or not the juice has been

extracted therefrom];

(b) the spontaneously coagulated juice of such capsules which has not been

submitted to any manipulation other than those necessary for packing and transport; and

1 This word was substituted for the words “spirits of wine” by Bom. 22 of 1960, s. 2 (i).

2 These words were substituted for the words “methylated spirits” by Bom. 26 of 1952, s. 2 (2).


4 These words were substituted for the words “rectification of liquor” by Bom. 22 of 1960, s. 2 (j).

5 This clause was substituted by Mah. 29 of 2006, s. 2.

6 These words and figures were substituted for the words and figures “City of Bombay Police Act, 1902” by Bom. 12 of

1959, s. 6 (b).

7 These words were added by Bom. 22 of 1960, s. 2 (i).

* See now the Code of Criminal Procedure, 1973 (2 of 1974).

Bom.

XXII

of

1951.

V of

1898.


(c) any mixture with or without neutral materials of any of the above forms of opium;

but does not include any preparations containing not more than 0.2 per cent of mor-

phine, or a manufactured drug as defined in section 2 of the Dangerous Drugs Act,1930.1

* * * * * * *

(32) “permit” means a permit granted under 2[the provisions of this Act] and the

expression “permit holder” shall be construed accordingly ;

(33) “ police station” means in the Greater Bombay a police staion as provided

under the provisions of the 3[Bombay Police Act,1951] and elsewhere any place

declared to be a police station for the purposes of the *Code of Criminal Procedure,

1898;

(34) “prescribed” means prescribed by the rules, orders or regulations under this

Act;

(35) “Prohibition officer” includes the 4[Commissioners], Collector or any officer

or person appointed to exercise any of the powers or to perform any of the duties and

functions under the provisions of this Act 5[and also includes any officer or person

invested with any such powers and on whom any such functions or duties are imposed,

and any member of a committee, board or medical board;]6[(36) “State” means the 7[State of Maharashtra] including the space within the

limits of the territorial waters appertaining to it;]8[(37) “rectification” includes every process whereby liquor is purified or refined;]9[(38) “registered medical practitioner” means a person who is entitled to practice

any system of medicine in the State under any law for the time being in force relating

to medical practitioners, and includes registered dentists as defined in the Dentists Act,

1948 and a veterinary practitioner registered under the †Bombay Veterinary

Practitioners Act, 1953 or under of any law corresponding thereto in any part of the

State;]

(39) “regulations” means regulations made under this Act;

(40) “rules” means rules made under this Act;

(41) “ sell” with its grammatical variations includes—

(a) any transfer whether such transfer is for any consideration or not,

(b) any supply or distribution for mutual accommodation, and

(c) any supply by a club to its members on payment of price or of any fees or

subscription, but does not include selling of opium for export across the customs

frontier; 10

* * * *

The word “buy” with its grammatical variations shall be construed accordingly ;

1 Clause (31) was deleted by Bom. 22 of 1960, s. 2 (m).

2 These words were substituted for the words and figures “Sections 40, 41, 46 or 47” by Bom. 26 of 1952, s. 2 (4).

3 These words and figures were substituted for the words and figures “City of Bombay Police Act, 1902,” by Bom. 12 of

1959, s. 6 (b).

4 This word was substituted for the word “Director” by Mah. 52 of 1973, s. 3, Sch.

5 These words were substituted for the words “and also includes any member of a committee or the Medical Board” by

Bom. 22 of 1960, s. 2 (n).

6 This clause was substituted by Bom. 12 of 1960, s. 6 (c).

7 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and

Concurrent Subjects) Order, 1960.

8 This clause was substituted for the original by Bom. 22 of 1960, s. 2 (a).

9 This clause was substituted for the original by Bom. 12 of 1959, s. 6 (b).

10 The words “as deemed by the Dominion Government” were deleted by Bom. 26 of 1952, s. 2 (l).


† See now the Maharashtra Veterinary Practitioners Act, 1971 (Mah. XLIV of 1971).

II of

1930.

Bom.

XXII of

1951.

V of

1898.

XVI of

1948.

Bom.

LXV of

1953.


1* * * * * * *

(43) “ spirit” means any liquor containing alcohol and obtained by distillation (whether

it is denatured or not) ;

(44) “sweet toddy or nira or neera” means unfermented juice drawn from a

coconut, brab, date or any kind of palm tree into receptacles treated in the prescribed

manner so as to prevent fermentation ;2 [(45) “territorial waters” with reference to the State, means any part of the open

sea within a distance of six nautical miles measured from the appropriate base line

according to the President’s Proclamation published in this behalf in the Government

of India, Ministry of External Affairs, Notification No. SRO-669, dated the 22nd March

1956, or such other distance as may be fixed from time to time by the President

hereafter ;]

(46) “toddy” means fermented or unfermented juice drawn from a coconut, brab, date

or any kind of palm tree and includes sweet toddy or nira a neera;

(47) “to tap” means to prepare any part of a tree, or to use any means, for the

purpose of causing juice to exude from the tree;3[(47-A) “tourist” means a person who is not a citizen of India and who is either

born or brought up or domiciled in any country outside India, but who visits India on a

tour for a temporary period;

(47B) “tourists permit” means a permit granted under sectin 46-A;]

(48) “trade and import licence” means a licence granted under section 33;

(49) “transport” means to move from one place to another within the 4[State];

(50) “vendor’s licence” means a licence granted under section 34;

(51) “visitor’s permit” means a permit granted under section 46;5[(52) any reference to the *Code of Criminal Procedure, 1898, the †Bombay

Village Panchayats Act, 1933, or the Bombay Police Act, 1951 includes a reference to

any law corresponding to those Acts, respectively, in force in any part of the State.]

————

CHAPTER II

Establishment.

3. The 6[State] Government may, by notification in the Official Gazette, appoint an

officer to be called the 7[Commissioner of Prohibition and Excise], who subject to the

control of the 6[State] Government and subject to such general or special orders as the1[State] Government may from time to time make, shall exercise such powers and shall

V of

1898.

Bom. VI

of 1933.

Bom.

XXII of

1951.

8[Commissioner

of Prohibition

and Excise

1 Clause (42) was deleted by Bom. 22 of 1960, s. 2 (p).

2 This clause was substituted for the original by Bom. 12 of 1959, s. 6 (e).

3 Clauses (47A) and (47B) were inserted by Bom. 20 of 1955, s. 2.

4 Substituted for the words “Pre-Reorganisation State of Bombay excluding the transferred territories” by

Bom. 12 of 1959, s. 3.

5 This clause was added by Bom. 12 of 1959, s. 6 (j).


7 These words were substituted for the words “Director of Prohibition and Excise” by the Mah. 52 of 1973, s. 3, Sch.

8 This word was substituted for the word “Director”, ibid.


† See now the Bombay Village Panchayats Act, 1958 (Bom. 3 of 1959).


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:

2[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 shall be the Commissioner of

Prohibition and Excise for the State and shall hold that Officer until the State

Government otherwise directs].

4. (1) The Collectors shall, within the limits of their jurisdiction 3* * *

* * * * * * exercise such powers and perform such

duties and functions as are provided by or under the provisions of this Act.

(2) For the purpose of this Act all Collectors including the Collector of Bombay

shall be subordinate to the 4[Commissioner]

(3) The 1[State] Government may, by notification in the Official Gazette, appoint

any person other than the Collector 5* * * * to exercise in any

district or place 6[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 4[Commissioner] and of the 1[State] Government as the 1[State] Government

may from time to time direct.

5. To aid the 4[Commissioner] and the Collectors in carrying out the provisions of

this Act, the 1[State] Government may appoint such subordinate officers with such

designations, and assign to them such powers, duties and functions under this Act, rules

or regulation or orders made thereunder, as may be deemed necessary.

6. (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 officeremove 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 1[State] Government may also invest any person 8

* * * 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 1[State] Government

may deem fit.


2 This proviso was substituted by Mah. 52 of 1973, s. 3, Sch.

3 The words and figures “for which they are appointed as Collectors under the Bombay Land Revenue Code, 1878”, were

deleted by Bom. 12 of 1959, s. 8 (a).

4 This word was substituted for the word “Director” by Mah. 52 of 1973, s. 3, Sch.

5 The words “of land revenue” were deleted by Bom. 12 of 1959, s. 8 (b) (i).

6 These words were substituted for the words “all the powers and perform all the duties”, ibid, s. 8 (b) (ii).

7 These words were inserted by Bom. 22 of 1960, s. 3 (b).

8 The words “working in an honorary capacity or otherwise” were deleted by Bom. 22 of 1960, 3 (a).

Subordinate

officers.

Collectors.

Investing

officers of7[Police and]

other

departments

with powers

and duties

under this

Act.

Mah.

LII of

1973.


1[6A. 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 than 5[five in number], with such qualification as may be prescribed.

The members so appointed shall hold office during the pleasure of the State

Government.

(3) 6[Three members] shall form a quorum for the disposal of the business of the

Board.

(4) Any vacancy of the member of the Board shall be filed in as early as practicable:

Provided that, during any such vacancy the continuing members may act, as if no

vacancy had occurred.

(5) The procedure regarding the work of the Board shall be such as may be

prescribed.

7[(6) It shall be the duty of the Board to advise the State Government on the question

whether any article mentioned in sub-section (1) is fit for use as intoxicating liquor and

also on any matters incidental to the question, referred to it by the State Government.

On obtaining such advise, the State Government shall determine whether any such ar-

ticle is fit for use as intoxicating liquor, and upon determination of the State Govern-

ment that it is so fit, such article shall, until the contrary is proved, be presumed to be

fit for use as intoxicating liquor.]

8[(7) Until the State Government has determined as aforesaid any article mentioned

in sub-section (1) to be fit for use as intoxicating liquor, every such article shall be

deemed to be unfit for such use.]

7. (1) The 9[State] Government may appoint 10[other boards and committees] to

advise and assist officers in carrying out the provisions of this Act.

(2) Such 10[other boards and committees] shall perform such functions 11[as may be

prescribed]

(3) The constitution of such 10[other boards and committees] and the procedure re-

garding their work shall be as may be prescribed.

Board of

Experts.

10[Other

Boards and

Committees].

1 Section 6A was inserted by Bom. 26 of 1952, s. 3.

2 Sub-section (l) was substituted for the original by Bom. 36 of 1954, s. 3 (i).

3 These words were substituted for the words “for the purpose of determining” by Bom. 22 of 1960, s. 4 (a).

4 These words were substituted for the words “is or is not an article unfit for use as intoxicating liquor, the State

Government shall constitute a Board of Experts”, ibid.

5 These words were substituted for the words “three in number” ibid., s. 4 (b).

6 These words were substituted for the words “two members”, ibid, s. 4 (c).

7 Sub-section (6) was substituted for the original, ibid., s. 4 (d).

8 Sub-section (7) was added, ibid., s. 4 (e).

9 This word was substituted for the word “Provincial”, by the Adaptation of Laws Order, 1950.

10 These words were substituted for the words “Committees”, by Bom. 22 of 1960, s. 5 (a).

11 These words were substituted for the words “as are provided by or under the provisions of this Act”, ibid., s. 5 (d).


(4) The 1[State] Government may direct that the members of such 2[other boards and

committees] shall be paid such fees and allowances as may be prescribed.

8. (1) The 1[State] Government may constitute one or more medical boards3[or panels thereof] for such areas and consisting of such members as it may deem fit.

(2) A medical board 4[or a panel thereof] so constituted shall perform such

functions 5[as are prescribed].

(3) The procedure regarding the work of the medical board 4[or a panel thereof]

shall be as may be prescribed.

(4) The members of the medical board 4[or a panel thereof] shall be entitled to such

fees and allowances as may be prescribed.

9. In exercise of their powers and in discharge of their duties and functions under

the provisions of this Act or rules, regulations or orders made thereunder all

Prohibition Officers and all officers including the officers of the Police and other

department shall, subject to the general or special orders of the 1[State] Government be

subordinate to and under the control of the 6[Commissioner] and shall be bound to

follow such orders as the 6[Commissioner] may, from time to time make.

10. (1) The 1[State] Government may delegate any of the powers exercisable by it

under this Act to the 6[Commissioner] or such other officers as it deems fit.

(2) Subject to the control and direction of the 1

[State] Government the powers

conferred on the 6

[Commissioner] or any other officer appointed or invested with

powers under this Act may be delegated by him to any of his subordinates.


2 These words were substituted for the word “committees” by Bom. 22 of 1960, s. 5 (a).

3 These words were inserted, ibid., s. 6 (a).

4 These words were inserted, ibid., s. 6 (b) and (c).

5 These words were substituted for the words “as are provided by or under this Act”, ibid.

6 This word was substituted for the word “Director”, by Mah. 52 of 1973, s. 3, Sch.

Medical

Boards.

Delegation.

Control of5[Commis-

sioner] over

Prohibition

Officers and

other

officers.


CHAPTER III

Prohibitions

11. 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 or to cultivate, 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.4

[11A. 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 and the 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.

Explanation.—For the purpose of this section,—

(i) the expression “Gram Sabha”, “Panchayat” and “Scheduled Areas” shall have the meanings,

respectively assigned to them in the Bombay Village Panchayats Act, 1958 ;

(ii) the expression “Panchayat Samiti” and Zilla Parishads” shall have the meanings respectively

assigned to them in the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.]

12. No person shall—

(a) manufacture liquor;

(b) construct or work any distillery or brewery;

(c) import, export, transport or possess liquor, or

(d) sell or buy liquor.


(a) bottle any liquor for sale;

(b) consume or use liquor, or

(c) use, keep or have in his possession any materials, still, utensils, implements or apparatus

whatsoever for the manufacture of any liquor.


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

(b) cultivate or collect the hemp 5

* * *

(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

(f) manufacture any intoxicating drug.


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

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

(c) sell or buy sweet toddy or nira.


(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.

Manufacture,etc., ofintoxicant tobe permitted inaccordancewithprovisions ofAct, rules, etc.

Prohibition ofmanufactureof liquor andconstructionand workingof distillery orbrewery.Prohibitionof sale, etc.of liquor.

Prohibitionof export,import,transport,sale,manufacture,etc. ofintoxicatingdrugs.

Prohibitionof import,export,transport,sale etc. ofsweet toddy.Prohibition oftapping oftoddyproducing treesand drawing oftoddy.

1 This word was inserted by Bom. 22 of 1960, s. 7.2 These words were inserted by Bom. 26 of 1952, s. 4 (l).3 This word was inserted, ibid., s. 4 (2).4 This section was inserted by Mah. 46 of 1997, s. 13.5 The words “or extract any portion of such plant from which any intoxicating drug can be manufactured” were deleted by

Bom. 22 of 1960, s. 8.

Power of GramSabha toenforceprohibition orto regulate orrestrict the saleand consump-tion of anyintoxicant.

Bom.III of1959Mah.V of

1962.



(a) possess opium

(b) transport opium

(c) import or export opium

(d) sell or buy opium; or

(e) consume or use opium

18. No licensed vendor and no person in the employ of such licensed vendor oracting with the express or implied permission of such licensed vendor on his behalfshall sell or deliver any intoxicant 2[to any person who is a minor] whether for consump-tion by such person or by other person and whether for consumption on or off thepremises of such licensed vendor.

19.3[Prohibition of sale of toddy] Deleted by Bom. 22 of 1960,s.10.


(a) produce, (f) transport

(b) manufacture (g) buy,

(c) possess (h) sell,

(d) export, (l) consume, or

(e) import (j) use,

Charas.


(a) alter or attempt to alter any denatured spirit by dilution with water or by anymethod whatsoever, with the intention that such spirit may be used for human consump-tion, whether as a beverage 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 hasreason to believe that such alteration or attempt has been made.

4[21-A. No person shall—

(a) alter or attempt to alter any denatured spirituou