BOMBAY PROHIBITION ACT 1949 BARE ACT PDF

In exercise of the powers conferred by section of the Bombay Prohibition Act, (Bom. XXV of (, and of all other powers enabling it in this behalf and. The Bombay Prohibition Act, is an Act of the Bombay Legislative Assembly relating to the promotion and enforcement of alcohol prohibition in the Bombay. Bom. XXV). THE MAHARASHTRA PROHIBITION ACT loco co ojo. CONTENTS. PREAMBLE. SECTIONS: CHAPTER I. Preliminary. 1. Short title, extent.

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Prohibition of import, export, transport, sale etc. OF LIQUOR No person shall- a bottle any liquor for sale; b consume or use liquor; or c use, keep or have in his possession any materials, still utensils, implements or apparatus whatsoever for the manufacture of any liquor.

The Bombay Prohibition Act, 1949

Every person who owns or occupies any land or building, or who is baare of an estate residing in the village. Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than six months and fine shall riot be less than one thousand rupees. If any person in respect of whom a bond is ordered to be executed under ‘[Sections 91 and 93] is a minor, the bond shall be executed by his guardian.

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

bombay prohibition act

Licences to shipping companies [and to Masters of ships]. Provided that if such prohibitino is not resident in 4[India] the bond shall be secured, by a surety or sureties residing in 5[India]. Whoever is guilty of any wilful act or intentional omission in contravention of the provisions of this Act, or any rule, regulation, or order thereunder or of any licence, permit, pass or authorisation granted, under this Act, and if such act or omission is not otherwise made an offence under this Act shall, on conviction, be punished with the imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.

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 departments shall, subject to the general or special orders of the 3 [State] Government be subordinate to and under the control of the 4 [Commissioner] and shall be bound to follow such orders as the 5 [Commissioner] may, from time to time make.

Penalty for acf false prescriptions. Amended by Bombay 20 of Breach of licence, permit, etc. Provided that no such permit shall be granted to a minor. Special import licences to hotels. Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than nine months and fine shall not be less than one thousand rupees.

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Bombau of drawing toddy from trees belonging to Government. Penalty for chemist, druggist or apothecary for allowing his premises to be used for purpose of consumption of liquor. Prohibition of sale to minor. Penalty for possessing, etc. Provided that no such order shall be made before the expiry of one month from the cat of seizure, or without hearing [the person, if any, claiming any right thereto] and the evidence, if any, which he produces in support of his claim. Permission to use proibition consume foreign liquor on warships, troops ships and in messes and canteens of armed forces.

Provided that the officer so authorized is satisfied that the use of such liquor is required in accordance with the religious tenets of the community to which such person belongs. The 8[State] Government may, by rules or an order in writing, authorise an officer to grant trade and import licences to persons intending to import and to sell by wholesale any 9[foreign liquor].

Provided that no such licence shall be necessary for the import or export of such article to the extent of such quantity as may be prescribed. Amended by Bombay 28 of The provisions of sections 80, 98, 99, 1,, Whoever, being the holder of a licence, permit, pass or authorization granted under this Act or a person in the employ of such holder or acting with his express or implied permission on his behalf. No suit or proceeding shall lie against the 2[Government] or against any prohibition, police, or other officers or against any.

Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court such imprisonment shall not be less than three months and fine shall be less than [ten thousand rupees] ; barw b for a subsequent offence, with rigorous imprisonment for a term which may extend to one year and also with a fine of [ten thousand rupees]: Punishment for vexatious search, seizure or arrest.

Licences to shipping companies and to Masters of ships. Tender of prohbiition to accomplice.

Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court,. XXII of ; and]. Declaration of stock of articles mentioned in section 24A; maintenance of accounts and submission of returns. No 5[intoxicant], hemp, mhowra flowers or molasses shall be removed from any distillery, warehouse or other place of storage established or licensed under this Act, except under a pass and unless the duty, if any, imposed under the provisions of this Act, has been paid or a bond has been executed for the payment thereof.

Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees; and. When during the trial of a case for an offence under this Act the Court decides that anything is liable to confiscation under the foregoing section, the Court may, after hearing the person, if any, claiming any right thereto and the evidence, if any, which he produces in support of his claim, order confiscation, or in the case of any article other than an intoxicant, hemp, mhowra flowers or molasses give the owner an option to pay fine as the Court deems fit in lieu of confiscation:.

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On the copy so preserved he shall state the purpose or ailment for which the intoxicating liquor is prescribed. Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made, or pass granted, thereunder, removes any intoxicant, hemp, mhowra flowers or molasses from any distillery, warehouse, godown or other her place of storage established or licensed under this, Act, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.

Power to exempt, remit or refund excise duty. This Act received assent of the Governor General on the 15th May On the cancellation or the expiry prohibotion the period of any licence, permit, pass or authorization, the [Commissioner] may also direct that any stock of any intoxicant, [denatured spirituous preparation,] hemp or mhowra flowers remaining with the hold of the licence, permit, pass or authorization together with receptacles or packages thereof be forfeited to [the State Government.

Penalty for contravention of provision regarding prescriptions. Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than six months and fine shall not be less than [seven thousand rupees].

Porhibition an offence under this Act has been committed and the offender is not known or cannot be found or when anything liable. Control of [Commissioner] over Prohibition Officers and other officers. Provided that, where any intoxicant or hemp, or article containing such intoxicant or hemp, has been obtained by any person for a bona fide medicinal purpose, from any person or institution licensed to sell the same under this section, it shall not be necessary for such person to obtain a licence for the possession, purchase, consumption or use thereof.

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

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