GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

BOMBAY  ACT  NO. XXV  OF  1949.

THE  MAHARASHTRA  PROHIBITION  ACT.

(  As  modified  upto  the  9th  May  2018  )

*

PRINTED  IN  INDIA  BY  THE  MANAGER,  GOVERNMENT  PRESS  AND  STATIONERY
STORES,  KOLHAPUR  AND  PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT
PRINTING,  STATIONERY  AND  PUBLICATIONS,  MAHARASHTRA  STATE,
MUMBAI–  400  004

2018

[Price  :  Rs.  45.00]

1949  :  Bom.  XXV]

    (i)

THE  MAHARASHTRA  PROHIBITION  ACT.
-------------
CONTENTS.

PREAMBLE.
SECTIONS.

1.
2.

3.
4.
5.
6.

CHAPTER I.
Preliminary.
Short title, extent and commencement.
Definitions.

CHAPTER II.
 Establishment.

Commissioner of Prohibition and Excise.
Collectors.
Subordinate officers.
Investing officers of Police and other departments with powers and duties under
this Act.

Other Boards and committees.

6A. Board of Experts.
7.
8. Medical Boards.
9.
10.

Control of Commissioner over Prohibition officers and other officers.
Delegation.

CHAPTER III.
Prohibitions.

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

of Act, rules, etc.

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

12.

13.
14.

and consumption of any intoxicant.
Prohibition of manufacture of liquor and construction and working of distillery
or brewery.
Prohibition of sale, etc., of liquor.
Prohibition of export, import, transport, sale, manufacture, etc., of intoxicating
drugs.
Prohibition of import, export, transport, sale, etc., of sweet toddy.
Prohibition of tapping of toddy producing trees and drawing of toddy.
Prohibition of possession, etc., of opium.
Prohibition of sale to minors.
(Deleted.)
Prohibition or production, etc., of charas.
Alteration of denatured spirit.

15.
16.
17.
18.
19.
20.
21.
21A. Alteration of denatured spirituous preparation.
22.
22A. Prohibition of issuing prescriptions for intoxicating liquor except by registered

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

23.

medical practitioners.
Prohibition of soliciting use of intoxicant or hemp or doing any act, calculated
to incite or encourage member of public to commit offence.
Prohibition of publication of advertisements relating to intoxicant, etc.

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

H 340-1

(ii)

SECTIONS.

Maharashtra Prohibition Act

[1949 : Bom. XXV

CHAPTER IV.
Control, Regulation and Exemptions.

Exemption of preparations.
Distilleries and warehouses for intoxicants.
Intoxicant or hemp not to be removed from warehouse, etc.
Passes for import, etc.
Through transport.
(Deleted)
Licences for bona fide medicinal or other purposes.

25.
26.
27.
28.
29.
30.
31.
31A. Licences for purchase, etc., of liquor for manufacture of articles mentioned in

32.
33.
34.
35.
36.
37.
38.
39.

section 24A.
Licences for tapping for neera.
Trade and import licences.
Vendor’s Licence.
Hotel Licences.
(Deleted)
(Deleted)
Licences to shipping companies and to Masters of ships.
Permission to use or consume foreign liquor on warships, troop ships and in
messes and canteens of armed forces.
40.
Permits.
40A. Health permits.
40B. Emergency permits.
Special permits to foreign sovereigns, etc.
41.
(Deleted)
42.
Regulation of use or consumption of foreign liquor by certain permit-holders.
43.
Licence to clubs.
44.
Authorization for sacramental purposes.
45.
46.
Visitor’s permit.
46A. Tourist’s permit.
Interim permits.
47.
Permits for consumption or use of intoxicating drugs or opium.
48.
48A. Permits to be non-transferable.
49.

Exclusive privilege of Government to import, etc., intoxicants, etc. and fees
levied  include  rent  or  consideration  for  grant  of  such  privilege  to  person
concerned.
(Deleted)
(Deleted)
Power  of  authorized  officer  to  grant  licences,  permits  and  passes  in  certain
cases.
General conditions regarding licences, etc.
53.
53A. Certain licensees required to keep measures, etc.
Power to cancel or suspend licences and permits.
54.
Holder  of  licence,  etc.,  not  entitled  to  compensation  or  refund  of  fee  for
55.
cancellation or suspension thereof.

50.
51.
52.

1949 : Bom. XXV]

Maharashtra Prohibition Act

(iii)

SECTIONS.
56.
57.
58.
58A. Supervision over manufacture, etc.
59.

Cancellation for other reasons.
Attachment of licence.
Right, title or interest under licence not liable to be sold or attached in execution.

Commissioner entitled to require licence holder or 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. Control on manufacture, etc., of articles mentioned in section 24A.
59AA. Manufacture of articles mentioned in section 24A.
59B. Analysis of articles mentioned in section 24A.

CHAPTER IV—B.
Control and Regulation of Denatured Spirituous Preparations to prevent
their use as Intoxicating Liquor.

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

59D. Regulation of manufacture, etc., of denatured spirituous preparations.

CHAPTER V.
Mhowra flowers.

60.

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

CHAPTER VI.
Control and regulation of Molasses.

61.
62.
63.

64.

Control of export, etc., of molasses.
Provisions of sections 53 to 59 to apply to licences granted under section 61.
Provision of Act in relation to molasses to be in addition to, and not in derogation
of Bom. XXXVIII of 1956.
(Deleted.)

CHAPTER VII.
Offences and penalties.

Penalty for illegal import, etc. of intoxicant or hemp.
Penalty for illegal cultivation and collection of hemp and other matters.

65.
66.
66A. Penalty for illegal import, etc., of opium.
67.
67-1A. Penalty for alteration or attempting to alter denatured spirituous preparation.
67-1B. Penalty for contravention of provision regarding prescriptions.
67A. Penalty for manufacturing articles mentioned in section 24A in contravention

Penalty for alteration or attempting to alter denatured spirit.

of the provisions of section 59A.

67B. Penalty for failure to satisfy the Commissioner under sub-section (1) or to comply

with a requisition under sub-section (2) of section 59B.

(iv)

SECTIONS.

Maharashtra Prohibition Act

[1949 : Bom. XXV

67C. Penalty for possessing, etc., denatured spirituous preparations in contravention

74.

68.
69.
70.
71.
72.
73.

of provisions of section 59C and 59D.
Penalty for opening, etc., of common drinking house.
Penalty for illegal import, etc., of mhowra flowers.
Penalty for illegal import, etc., of molasses.
(Deleted)
Penalty for removal of intoxicant, etc.
Penalty for printing or publishing advertisements in contravention of provisions
of Act, etc.
Penalty  for  circulating,  etc.,  newspapers,  etc.,  containing  advertisements
regarding intoxicants, etc.
Penalty for inciting or encouraging certain acts.
75.
75A. Penalty for contravention of provisions of section 43.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.

Penalty for neglect to keep measures, etc.
Penalty for misconduct by licensee, etc.
Penalty for misconduct by licensed vendor or manufacturer.
Liability of licensee for acts of servants.
Import, export, etc., of intoxicant by any person on account of another.
Penalty for attempt or abetment.
Breach of licence, permit, etc., to be an offence.
Penalty for conspiracy.
Penalty for being found drunk in any drinking house.
Penalty for being drunk and for disorderly behaviour.
Penalty for allowing any premises to be  used for purpose of committing an
offence under Act.
Penalty  for  chemist,  druggist  or  apothecary  for  allowing  his  premises  to  be
used for purpose of consumption of liquor.
Penalty for issuing false prescriptions.
Penalty for maliciously giving false information.
Penalty for offences not otherwise provided for.
Demand for security for abstaining from commisssion of certain offences.
(Deleted).
Demand of security for good behaviour.
Execution of bonds in respect of minors.
Punishment for vexatious search, seizure or arrest.
Punishment for vexatious delay.
Punishment for abetment for escape of persons arrested.
Things liable to confiscation.
Return of things liable to confiscation to bona fide owners.
Procedure in confiscation.
Power  of  Colletor,  etc.,  to  order  sale  or  destruction  of  articles  liable  to
confiscation.

87.

88.
89.
90.
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.
101.

1949 : Bom. XXV]

Maharashtra Prohibition Act

(v)

SECTIONS.
102.

Forfeiture of any publication containing advertisement or matter soliciting use
of intoxicants.
Presumption as to commission of offences in certain cases.
(Deleted)
Compounding of offences.

103.
103A.
104.
104A. Bombay Probation of Offenders Act, 1938, and section 562 of Code of Criminal
Procedure, 1898, not to apply to persons convicted of offence under this Act.

CHAPTER VIII.
Excise Duties.

Excise duties.
Manner of levying excise duties.
(Deleted)

105.
106.
107.
107A. Declaration  of  stock  of  articles  mentioned  in  section  24A;  maintenance  of

accounts and submission of returns.
 Power to obtain information and to search and seize excisable articles.
Penalty for import, export, etc. of intoxicant etc. without payment of duty.
Duty on tapping of toddy trees.
Duty by whom payable.
Owner of trees entitled to assistance for duty paid.
Privilege of drawing toddy from trees belonging to Government.
(Deleted)
Recovery of duties, etc.

107B.
108.
109.
110.
111.
112.
113.
114.

CHAPTER IX.
Powers and duties of officers and procedure.

Magistrate’s power to impose enhanced penalties.
Procedure to be followed by Magistrates.

115.
116.
116A. Tender of pardon to accomplice.
117.
118.

Investigations, arrests, searches, etc., how to be made.
Procedure of Code of Criminal Procedure relating to cognizable offences to
apply.
Certain offences to be non-bailable.
Power of entry and inspection.
Power to open packages, etc.
Power to require production of licences.
Arrest of offenders and seizure of contraband articles.
Power to obtain information.
Power to seize intoxicants, etc.
Arrest without warrant.
Arrest of offenders failing to give names.
Issue of warrants.

119.
120.
121.
122.
123.
124.
125.
126.
127.
128.
128A. Certain provisions to apply to denatured sprituous preparations.

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Maharashtra Prohibition Act

[1949 : Bom. XXV

SECTIONS.

Prohibition officers may be empowered to investigate offences.
129.
129A.
Power to require persons to submit to medical examination, etc.
129B. Documents or reports of registered medical practitioner, etc., as evidence.
130.

Arrested  persons  and  things  seized  to  be  sent  to  officer-in-charge  of  police
station.
Bail by Prohibition Officer.
Articles seized.
Duty of officers of Government and local authorities to assist.
Offences to be reported.

131.
132.
133.
134.
134A. Establishment of Gram Rakshak Dal.
135.
136.

Landlords and others to give information.
(Deleted)

CHAPTER X.
Appeals and Revision.

137.
138.

Appeals.
Revision.

139.
140.

141.
142.

CHAPTER XI.
Miscellaneous.
General powers of State Government in respect of licences, etc.
Power of State Government to prohibit, regulate or control consumption or use
of intoxicants, etc., in public place.
Employment of additional police.
Power of Collector to close places where intoxicant or hemp is sold in certain
cases.
Power of State Government to make rules.
Commissioner’s powers to make regulations.
Officers and persons acting under this Act to be public servants.
Bar of proceedings.

143.
144.
145.
146.
146A. Limitation of prosecutions or suits against officers.
146B.
147.
148.
149.

Provisions of Act not to apply to Government.
Provisions of this Act not to apply to import or export across customs frontier.
Repeal and amendments.
Further repeals and savings consequent on commencement of Bom. XXV of
1949 in other area’s of State.

SCHEDULE I-A.

SCHEDULE I.

SCHEDULE II.

SCHEDULE III.

BOMBAY ACT No. XXV OF 1949.1
[THE MAHARASHTRA PROHIBITION ACT.]

(This Act received assent of the Governor General on the 15th May 1949; assent
was first published 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.

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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. @
Amended by Bom. 22 of 1960.
Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
Amended by Mah. 46 of 1962.
33 of 1972.
52 of 1973 (14-1-1974)*

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70 of 1981 (23-10-198l)* #
9 of 1997. (4-9-1996)@@

46 of 1997.

18 of 1998.

35 of 2000 (16-11-2001)$

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

@ 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).

* This indicates the date of commencement of Act.

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

@@ Maharashtra Ordinance No. XII of 1996 was repealed by Mah. 9 of 1997, s. 48(7).

$ 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.

2

Maharashtra Prohibition Act

[1949 : Bom. XXV

Amended by Mah.  52 of 2005 (29-11-2005)*@@@

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29 of 2006 (16-8-2006)$$

24 of 2012 (22-8-2012)

19 of 2017 # #

49 of 2017 (17-7-2017)*†

An Act to amend and consolidate the law relating to the promotion and
enforcement of and carrying into effect the policy of Prohibition and also the
Abkari law in the 1[State] of Bombay.

WHEREAS, it is expedient to amend and consolidate the law relating to the promotion
and enforcement of and carrying into effect the policy of Prohibition, and whereas it
is also necessary to amend and consolidate the Abkari law in the 1[State] of Bombay
for the said purpose and provide for certain other purposes hereinafter appearing; It
is hereby enacted as follows :—

CHAPTER I.
Preliminary.

1.

(1) This Act may be cited as 2[the Maharashtra Prohibition Act.]

3(2) It extends to the whole of the 4[State of Maharashtra]

Short  title,
extent and
commence-
ment.

**(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].

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

2 This short title was amended for “the Bombay Prohibition Act, 1949” by Mah. 24 of 2012, s. 2, Sch., entry 37,

w. e. f. 1-5-1960.

3 This sub-section was substituted for the original by Bom. 12 of 1959, 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) (i).

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).

* This indicates the date of commencement of Act.

@@@ Maharashtra Ordinance No. XI of 2005 was repealed by Mah. 52 of 2005, s. 38 (1).

$$ This Act came into force vide G. N., H. D.No. BPA-EXC-2, dated the 11th August 2006, w. e. f. 16th August 2006.

## (i) This Act came into force w. e. f.  22-03-2017 in the area of Ahmednagar District vide G.N.H.D., No. BPA.

0117/C.R. 22/EXC-3, dated 22-03-2017.

(ii) This Act came into force w. e. f.  09-01-2018 in the remaining part of the Maharashtra other than Ahmednagar
District vide G.N.H.D., No. BPA. 0517/C.R. 159(2)/EXC-3, dated 09-01-2018.

† Maharashtra Ordinance No. XV of 2017 was repealed by Mah. 49 of 2017, s. 3.

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

Order, 1960.

1949 : Bom. XXV]

Maharashtra Prohibition Act

3

Bom.
XII of
1959.

Bom.
XII of
1959.

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
as that Government may, by like notification appoint :

Provided that having regard to the nature of the outstill area of the Chanda District,
the  general  backwardness  of  the  people  residing  therein,  and  the  necessity  of
preparing an adequate background before the introduction of prohibition therein,
the State Government may, if it thinks fit, fix a different date for bringing the Act
into force in that area.

Explanation.—In this sub-section the expression “outstill area of the Chanda

District” 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  and  Amendment)  Act,  1959,   all  rules,  regulations,  orders  and
notifications made or issued or deemed to be made or issued under this Act and in
force in the pre-Reorganisation State of Bombay excluding the transferred territories
immediately before such commencement, shall also extend to, and be in force in
that area.]

In this Act, unless there is anything repugnant in the subject or context, —
2.
(1) “authorization” means an authorization granted under section 45 for the use

of liquor for sacramental purposes;

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

Definitions.

*

*

2  *
3[(4)  “Collector” includes an officer appointed by the State Government to exercise
all or any of the powers and to perform all or any of the duties or functions of a
Collector under this Act;

*

*

*

*

*

4[(5)  “Commissioner”  means  an  officer  appointed  as  the  Commissioner  of
Prohibition and Excise under section 3 of this Act and includes any officer on whom
the State Government 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 or
consumption of any intoxicating drug is allowed for the profit or gain of the person
owning, occupying, using, keeping or having the care of management or control of
such place whether by way of charge for the use of the place or for drinking facilities
provided, or otherwise howsoever and includes the premises of a club or any other
place which is habitually used for the purpose of drinking liquor or consuming any
intoxicating drug by more than one person without a licence granted under this Act;

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 Clauses (4) and (5) were subsituted for the original by Bom. 12 of 1959, s. 6 (a).
4 Clause (5) was subsituted 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” by Bom. 22 of 1960, s., 2 (b).
7 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
* Sub-section (4) shall stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects)

 Order, 1960.

H 340-2

4

Maharashtra Prohibition Act

[1949 : Bom. XXV

(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 notification 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;

than across a customs frontier

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

*               ;

9*

11[(17A) “Gram  Rakshak  Dal"  means  Gram  Rakshak  Dal  established  under

section 134A;]

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 by Bom. 22 of 1960, s. 2 (e).
5 These words were added by Bom. 22 of 1960, s.2 (f).
6 This was substituted for clauses (d) and (e), by Bom. 22 of 1960 s.2 (f).
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-Reorganisation 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).

11 Clause (17A) was instered by Mah. 19 of 2017, s. 2.

1949 : Bom. XXV]

Maharashtra Prohibition Act

5

(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 forntier

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 natural materials of any of the above forms

of intoxicating drug, or any drink perpared 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
by notification in the Official Gazette, declare to be an intoxicating drug for
the purposes  of the Act,  such drug,  substance, preparation or  admixture, not
being opium, coca leaf or a manufactured drug as defined in section 2 of the
Dangerous Drugs Act, 1930];
(24) “liquor” includes—

(a) 7[spirits], 8[denatured spirits], wine, beer, toddy and all liquids consisting

of or containing alcohol; and

(b) any  other  intoxicating  substance  which  the 9[State]  Government  may,
by notification in the Official Gazette, declare to be liquor for the purposes of
this Act;
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.
4 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
5 The word “and” was deleted by Bom. 26 of 1952, s. 2 (2).
6 Clause (d) was substituted for the original clause together with the proviso by Bom. 26 of 1952, s. 2 (2).
7 This word was substituted for the words “spirits or wine” by Bom. 22 of 1960, s. 2 (i).
8 These words were substituted for the words “methylated spirits” by Bom. 26 of 1952, 2 (3).
9 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

II of
1930.

6

Maharashtra Prohibition Act

[1949 : Bom. XXV

(25) “manufacture” includes —

(a) every  process  whether  natural  or  artificial  by  which  any  liquor  or
intoxicating drug is produced, prepared or blended and also redistillation and
every  process  for  the 1[rectification,  flavouring,  or  colouring  of  liquor  or
intoxicating drug] but does not include flavouring, blending or colouring of liquor
or intoxicating drug lawfully possessed 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 flower” does not include the berry or seed of the mhowra tree;
2[(28) “molasses” means the heavy, dark coloured viscous liquid produced during
the manufacture of gur or sugar containing in solution or suspension, sugars which
can be fermented, and includes the solid form of such liquid and also any product
formed by the addition to such liquid or solid of any ingredient which does not
substantially  alter  the  character  of  such  liquid  or  solid;  and  shall  also  include
substances containing sugars obtained from sugarcane known as black coloured
gur and residual substances obtained from khandsari known as third sugar or raskat
or sayar and irrespective of its colour rotten gur or rotten rab which conform to the
following analytical standards on dry weight basis, —

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

less than 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 in the 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 a police station as provided

under the provisions of the £  3[Bombay Police Act, 1951; and]

(b) elsewhere the Officer in charge of a police station as defined in the *Code

of Criminal Procedure, 1898;
(30) “opium”  means —

(a) the capsules of the poppy (Papaver Somaniforum L), 4[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

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

opium;
1 These words were substituted for the words “rectification of liquor” by Bom. 22 of 1960, s. 2 (j).
2 This clause was substituted by Mah. 29 of 2006, s. 2.
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 These words were added by Bom. 22 of 1960, s. 2 (i).
£ The short title of this Act has been amended as “the Maharashtra Police Act” by Mah. 24 of 2012, s. 2, Sch.

entry 45, w. e. f. 1-5-1960.

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

Bom.
XXII
of
1951.
V  of
1898.

1949 : Bom. XXV]

Maharashtra Prohibition Act

7

II  of
1930

but does not include any preparations containing not more than 0.2 per cent of
morphine, or a manufactured drug as defined in section 2 of the Dangerous Drugs
of 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;

Bom.
XXII
of
1951.
V  of
1898.

(33) “police station”, means in the Greater Bombay a police station as  provided
under the provisions of the @ 3[Bombay Police Act, 1951] and else where 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[Commissioner], 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  practise
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 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—

XVI
of
1948.
Bom.
LXV
of
1953.

(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* *
*

*

*

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 1969, s. 6 (c).
7 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws

(State and Concurent 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(1).
* See now the Code of Criminal Procedure, 1973 (2 of 1974).
† See now the Maharashtra Veterinary Practitioners Act, 1971 (Mah. XLIV of 1971).
@ The short title of this Act has been substituted as “the Maharashtra Police Act” by Mah. 24 of 2012, s. 2, Sch.

entry 45, w. e. f. 01-5-1960.

8

Maharashtra Prohibition Act

[1949 : Bom. XXV

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

date or any kind of palm tree and includes sweet toddy or nira or 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[(47A) “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) “tourist permit” means a permit granted under section 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.

V  of
1898.
Bom.
VI  of
1933.
Bom.
XXII
of
1951.

8[Commi-
ssioner of
Prohibition
and Excise.]

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 the 6[State] Government  may from time  to time

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).
6 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
7 These words were substituted for the words “Director of Prohibition and Excise” by Mah. 52 of 1973, s. 3, Sch.
8 This word was substituted for the word “Director” by Mah. 52 of 1973 s. 3, Sch.
* See now the Code of Criminal Procedure, 1973 (2 of 1974).
† See now the Maharashtra Village Panchayats Act, (3 of 1959).
£ The short title of this Act has been substituted as “the Maharashtra Police Act” by Mah. 24 of 2012, s. 2,

Sch. entry 37, w. e. f. 1-5-1960.

1949 : Bom. XXV]

Maharashtra Prohibition Act

9

make, shall exercise such powers and shall perform such duties and such functions
as are conferred upon, by or under the provisions of this Act and shall superintend
the administration and carry out generally the provisions of this Act :

Mah.
LII  of
1973.

1[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  Office  until  the  State
Government otherwise directs].

Collectors.

Subordinate
officers.

Investing
officers of
7[Police and]
other
departments
with powers
and duties
under this Act.

4.

(1) The  Collectors  shall,  within  the  limits  of  their  jurisdiction
2*
exercise  such  powers  and
*
*
perform  such  duties  and  functions  as  are  provided  by  or  under  the  provisions
of  this  Act.

*

*

*

*

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

shall be subordinate to the 3[Commissioner].

(3) The 4[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 3[Commissioner]  and  of  the 4[State]  Government  as  the 4[State]
Government may from time to time direct.

*

*

6.

5. To aid the 3[Commissioner] and the Collectors in carrying out the  provisions
of this Act, the 4[State] Government may appoint such subordinate officers with
such designations, and assign to them such powers, duties and functions under this
Act, rules or regulations or orders made thereunder, as may be deemed necessary.
(1) The 4[State] Government may invest any officer of the Police department
or any officer of any other department either personally or in right of his office with
such powers, impose upon him such duties and direct him to perform such functions
under this Act, rules or regulations or orders made thereunder, as may be deemed
necessary and any such officers shall, thereupon, exercise the said powers, discharge
the said duties and perform the said functions in addition to the powers, duties and
functions incidental to his principal office.

(2) The 4[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 4[State] Government
may deem fit.

1 This proviso was substituted by Mah. 52 of 1973, s. 3, Sch.
2 The words and figures “for which they are appointed as Collectors under the Bombay Land Revenue Code,

1879” were deleted by Bom. 12 of 1959, s. 8 (a).

3 This word was substituted for the word “Director” by Mah. 52 of 1973, s. 3, Sch.
4 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
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”, by Bom. 12 of 1959

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, s. 3 (a).

10

Maharashtra Prohibition Act

[1949 : Bom. XXV

Board of
Experts.

1[6A.
whether—

2[(1) 3[For the purpose of enabling the State Government to determine]

(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 qualifications 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  filled  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  advice,  the  State  Government
shall determine whether any such article is fit for use as intoxicating liquor, and
upon  determination  of the  State  Government  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

regarding their  work shall be  as may  be prescribed.

1 Section  6A  was  inserted  by  Bom.  26  of  1952,  s.  3.
2 Sub-section (1) 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.” by  Bom.  22  of  1960.

5 These  words  were  substituted  for  the  words  “three  in  number,”  by  Bom.  22  of  1960, s.  4 (b).
6 These  words  were  substituted  for  the  words  “two  members”  by  Bom.  22  of  1960,  s. 4 (c).
7 Sub-section (6)  was  substituted  for  the  original,  by  Bom.  22  of  1960,  s. 4 (d).                  ‘
8 Sub-section (7)  was  added  by  Bom.  22  of  1960, 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  word  “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” by

Bom.  22 of  1960,  s.  5 (d).

10[Other
Boards and
committees].

1949 : Bom. XXV]

Maharashtra Prohibition Act

11

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

8.

Medical
boards.

(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  departments  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.

Control of
6[Commi-
ssioner]
over
Prohibition
officers and
other
officers.

Delegation.

CHAPTER III.
Prohibitions.

11. Notwithstanding anything contained in the following provisions of this
Chapter, it shall be lawful to import, export, transport, manufacture 7[bottle], sell,
buy, possess, use or consume any intoxicant or hemp 8[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 9[or] any rules, regulations
or  orders  made  or  in  accordance  with  the  terms  and  conditions  of  a  licence,
permit, pass or authorization granted thereunder.

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

1 This  word was  substituted  for  the word  “Provincial”  by the  Adaptation  of  Laws Order,  1950.
2 These  words  were  substituted for  the  word  “Committees”  by  Bom.  22  of 1960,  s.  5 (a).
3 These  words were  inserted by  Bom.  22  of  1960, s.  6 (a).
4 These  words  were  inserted by  Bom.  22  of  1960, s.  6 (b) and  6 (c).
5 These words were substituted for the words “as are provided by or under this Act” by Bom. 22 of 1960

s.  6 (d).

6 This  word  was  substituted  for  the  word  “Director”  by  Mah.  52  of  1973,  s.  3,  Sch.
7 This  word  was inserted  by  Bom.  22  of 1960,  s.  7.
8 These  words  were  inserted  by  Bom. 26  of  1952,  s.  4 (1).
9 This  word was  inserted by  Bom.  26  of  1952, s.  4 (2).

H 340-3

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

Prohibition of
manufacture
of liquor and
construction
and working
of distillery
or brewery.

Prohibition of
sale,  etc.,  of
liquor.

Prohibition of
export,
import,
transport,
sale,
Manufacture,
etc.,  of
intoxicating
drugs.

Prohibition of
import,
export,
transport,
sale,  etc.,  of
sweet toddy.
Prohibition of
tapping of
toddy
producing
trees  and
drawing of
toddy.

12

Maharashtra Prohibition Act

[1949 : Bom. XXV

1[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 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 Samitis” 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  —

Bom.
III  of
1959.

Mah.
V  of
1962.

(a) manufacture liquor;
(b) construct or work any distillery or brewery;
(c) import, export, transport or possess liquor; or
(d) sell or buy liquor.
13. No person shall—

(a) bottle any liquor for sale;
(b) consume or use liquor; or
(c) use, keep or have in his possession any materials, still, utensils, implement

or apparatus whatsoever for the manufacture of any liquor.
14. No person shall—

(a) export, import, transport or possess any intoxicating drug;
(b) cultivate  or  collect  the  hemp
(c) use, keep or have in his possession any materials, still, utensils, implements

2*

*

*

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.

15. No person shall—

(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.

16. No person shall—

(a) tap any toddy producing tree or permit to be tapped any toddy producing

tree belonging  to him or  in his  possession; or

(b) draw  toddy  from  any  tree  or  permit  toddy  to  be  drawn  from  any  tree

belonging to  him or  in his  possession.
1 Section  11A was  inserted by  Mah.  46 of  1997, s.  13.
2 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.

£ The short title of this Act has been amended as “the Maharashtra Village Panchayats Act” by Mah. 24

of  2012,  s.  2,  Sch.,  Entry  74, w.  e.  f. 1-5-1960.

1949 : Bom. XXV]

Maharashtra Prohibition Act

13

17. No person shall—
(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
or acting with the express or implied permission of such licensed vendor on his
behalf shall sell or deliver any intoxicant 1[to any person who is a minor] whether
for consumption by such person or by other person and whether for consumption
on  or off  the premises  of  such licensed  vendor.

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

19.
20. No person shall—

(a) produce,
{b) manufacture,
(c) possess,
(d) export,
(e) import,
charas.

21. No person shall—

(f) transport,
(g) buy,
(h) sell,
(i) consume, or
(j) use,

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

(b) have in his possession any denatured spirit in respect of which he knows

or has  reason to  believe that  such alteration  or attempt  has been  made.
4[21A. No person shall—

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

(b) have in his possession any denatured spirituous preparation in respect
of which he knows or has reason to believe that such alteration or attempt has
been made.]
22. No person shall—

(a) open  or  keep  or  use  any  place  as  a  common  drinking  house;  or
(b) have  the  care,  management  or  control  of,  or  in  any  manner  assist  in
conducting  the business  of, any  place  opened, or  kept  or used  as a  common
drinking house.
5[22A.

(1) No person other than a registered medical practitioner, shall issue

any prescription for any intoxicating liquor.

(2) No registered medical practitioner shall prescribe such intoxicating liquor,
unless he believes in good faith after careful medical examination of the person for
whose use such prescription is sought, that the use of such intoxicating liquor by
such person is necessary, and will afford relief to him from some known ailment.
1 These words were substituted for the words “to any person apparently under the age of twenty-one year”

by  Bom.  22  of 1960,  s.  9 (a).

2  This  word  was  substituted  for  the  word  “children”  by  Bom.  22  of  1960, s.  9 (b).
3  Section  19  was  deleted by  Bom.  22  of  1960, s.  10.
4  Section  21A  was  inserted  by  Bom.  36  of  1954,  s.  4.
5  Section  22A  was  inserted  by Bom.  22  of  1960,  s.  11.

 Prohibition,
of
possession,
etc.,  of
opium.

Prohibition
of  sale  to

2[minors].

 Prohibition,
or
production
etc.,  of
charas.

Alteration of
denatured
spirit.

Alteration of
denatured
spirituous
preparation.

 Prohibition
of allowing
any premises
to be  used
as common
drinking
house.
 Prohibition
of issuing
prescriptions
for
intoxicating
liquor except
by registered
medical
practitioners.

4[Prohibition  of
solicting  use  of
intoxicant or
hemp  or  doing
any  act
calculated to
incite  or
encourage
member  of
public  to
commit
offence.]
Prohibition  of
publication of
advertisements
relating  to
intoxicant, etc.

14

Maharashtra Prohibition Act

[1949 : Bom. XXV

(3) A  registered  medical  practitioner  shall  state,  in  every  prescription  for
intoxicating liquor issued by him, the name and address of the person to whom
issued, the date of issue, directions for use, and the amount and frequency of the
dose, and shall preserve a copy of the prescription for one year from the date of
issue. On the copy so preserved he shall state the purpose or ailment for which
the intoxicating liquor is prescribed.]

23. No person shall—

*

*

*

*

(a) 1* solicit the use of 2[or] offer  any intoxicant or  hemp; or
3*
*
(c) do any act which is calculated to incite or encourage any member of the
public or a class of individuals or the public generally to commit any offence under
this Act or to commit a breach of any rule, regulation or order made thereunder
or the conditions of any licence, permit, pass or authorization granted thereunder.
(1) No person shall print or publish in any newspaper, news-sheet, book,
24.
leaflet, booklet or any other single or periodical publication or otherwise display
or distribute any advertisement or other matter,—

*

*

(a) which 5*solicits the use of or offers any intoxicant or hemp;
(b) which  is  calculated  to  encourage  or  incite  any  individual,  class  of
individuals or the public generally to commit an offence under this Act, or to
commit a breach of or to evade the provisions of any rule, regulation or order
made thereunder or the conditions of any licence, permit, pass or authorization
granted, thereunder.
(2) Save as otherwise provided in sub-section (3), nothing in this section shall

apply to—

(a) catalogue or price lists which may be generally or specially approved

by the 6[Commissioner] in this behalf;

(b) any  advertisement  or  other  matter  contained  in  any  newspaper,  news
sheet, book, leaflet, booklet or other publication printed and published outside
the 7[State];

(c) any advertisement or other matter contained in any newspaper printed,
and published in the 7[State] before such date as the 8[State] Government may
by notification in the Official Gazette, specify; and

(d) any other advertisement or matter which the 8[State] Government may,
by notification in the Official Gazette, generally or specially exempt from the
operation of this section.
(3) Notwithstanding  anything  contained  in  sub-section (2), the 8[State]
Government  may,  by  notification  in  the Official  Gazette, prohibit  within  the
7[State] the circulation, distribution or sale of any newspaper, news-sheet, book,
leaflet,  booklet  or  other  publication  printed  and  published  outside  the 7[State]
which contains any advertisement or matter,—

(a) which 5*solicits the  use of  or offers any  intoxicant or  hemp; or

1  The  word  “commend”  was  deleted  by  Bom.  26  of  1952,  s.  5 (1)(a).
2  This  word  was  inserted  by  Bom.  26  of  1952,  s.  5 (1)(b).
3  Clause (b) was  deleted  by  Bom.  26  of  1952, s.  5 (2).
4 This  marginal  note  was  substituted  for  the  original,  by  Bom.  26  of  1952, s.  5 (3).
5  The  word  “commends,”  was deleted  by  Bom.  26  of  1952, s.  6.
6  This  word  was  substituted  for  the  word  “Director”  by  Mah.  52  of  1973,  s.  3,  Sch.
7 This word was substituted for the words “pre-Reorganisation State of Bombay including the transferred

territories”  by  Bom.  12  of  1959,  s.  3.

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

This Chapter
not to apply
to 2[certain
articles.]

1949 : Bom. XXV]

Maharashtra Prohibition Act

15

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

1[24A. Nothing in  this Chapter shall  be deemed to  apply to—
(1) any toilet preparation containing alcohol which is unfit for use as intoxicating

liquor;

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

intoxicating liquor;

3[(3) any antiseptic preparation or solution containing alcohol which is unfit

for use as intoxicating liquor;

(4) any flavouring extract, essence or syrup containing alcohol which is unfit

for use as intoxicating liquor:]

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

mentioned in section 59A:

Provided further that the purchase, possession or use of any liquor or alcohol
for the manufacture of any 4[such article] shall not be made or had except under
a licence  granted under  section 31A.

5[Explanation.—Nothing  in  this  section  shall  be  construed  to  mean  that  any
person  may  drink  any  toilet  preparation,  or  antiseptic  preparation  or  solution,
containing alcohol; and it is hereby provided that no person shall drink any such
preparation.]]

CHAPTER IV.
Control, regulation and exemptions.

25. The 6[State]  Government  may,  by  notification  in  the Official  Gazette,
direct that any preparation containing alcohol not exceeding a specified percentage
by  volume  shall  be  exempt  from  any  of  the  provisions  of  this  Act  or  rules,
regulations or orders made thereunder.

Exemption
of
preparations.

26. The 7[State Government] may—

(a) establish a distillery in which spirit may be manufactured in accordance
with  a  licence  issued  under  this  Act  on  such  conditions  as  the 6[State]
Government deems fit to impose;

(b) discontinue any distillery established;
(c) licence,  on  such  conditions  as  the 6[State]  Government  deems  fit  to

impose the construction and working of a distillery or brewery;

Distilleries
and
warehouses
for
intoxicants.

1  Section  24A  was  inserted  by  Bom.  26  of  1952,  s.  7.
2  These  words  were  substituted  for  the  words  “certain  toilet  and  medicinal  preparations”  by  Bom.  36  of

1954,  s.  5 (iii).

3  Clauses (3)  and (4) were  inserted  by  Bom.  36  of  1954,  s.  5 (i).
4  These  words  were  substituted  for  the  words  “such  preparations”  by  Bom.  36  of  1954,  s. 5 (ii).
5 This Explanation was added  by Bom.  22 of  1960, s.  12.
6  This  word  was  substituted  for  the  word “Provincial”  by  the  Adaptation  of  Laws  Order,  1950.
7  These  words  were  substituted  for  the  word  “Director”  by  Bom.  22  of  1960,  s.  13  (2).

16

Maharashtra Prohibition Act

[1949 : Bom. XXV

(d) establish or license a warehouse wherein any 1[intoxicant], hemp, mhowra
flowers or molasses may be deposited and kept without payment of duty; and

(e) discontinue any warehouse so established.

2[Intoxicant]
or hemp  not
to  be
removed
from
warehouse,
etc.

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

Passes  for
import,  etc.

28.

(1) The 3[State] Government may, by general or special order, authorise
a Collector or any other officer to grant passes for the import, export or transport,
of any 1[intoxicant] or hemp.

(2) Such passes may be either general for definite periods of time and definite
kinds of 1[intoxicant]  or hemp  or  special for  specified  occasions and  particular
consignments only.

(3) Every such pass shall specify—

(a) the  name  of  the  person  authorized  to  import,  export  or  transport

1[intoxicant] or hemp;

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

(c) the  quantity  and  description  of   1[intoxicant]  or  hemp  for  which  it  is

granted; and

(d) the places from and to which 1[intoxicant] or hemp are to be imported,
exported or transported and in the case of places more than ten miles apart, the
route  by  which  they  are  to  be  conveyed.

Through
transport.

4[29. The through transport—

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

(b) of any intoxicant, hemp, denatured spirituous preparation, mhowra flowers

or molasses,  otherwise than by way  of consignment,

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

1  This word  was substituted  for  the words  “liquor, intoxicating  drug” by  Bom.  22 of  1960, s.  13(1).
2  This word  was substituted  for the  words  “Intoxicating drug”  by Bom.  22 of  1960, s.  13(3).
3  This  word  was  substituted  for  the  word “Provincial”  by  the  Adaptation  of  Laws  Order,  1950.
4  This  section  was  substituted  for  the original  by  Bom.  22  of  1960,  s.  14.

1949 : Bom. XXV]

Maharashtra Prohibition Act

17

30.

[Licence for possession of denatured or rectified spirit and alcohol for

industrial  or  medical  purposes.]  Deleted  by  Bom.  22  of  1960,  s.  15]

1[31. The State Government may by rules or by an order in writing, authorise
an  officer  to  grant  licences  to  any  person,  or  institution,  whether  under  the
management of Government or not, for the manufacture, sale, purchase, possession,
consumption,  or  use  of  any  intoxicant  or  hemp  or  any  article  containing  an
intoxicant or hemp for a bona fide medicinal, scientific, industrial or educational
purposes :

Licences  for
bona fide
medicinal or
other
purposes.

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

Provided  further  that,  no  licence  shall  be  necessary  for  the  possession  of

denatured spirit  to the extent of  such quantity as may  be prescribed.]

2[31A. The State Government may, by rules or an order in writing authorise
an officer to grant licences for the purchase, possession or use of any liquor or
alcohol for the manufacture of 3[any article mentioned in section 24A] on such
conditions as may be prescribed.]

32. The 5[State] Government may authorise an officer by rules or an order
in writing to grant licences for 6[the tapping of, 7[and drawing juice from], any
plam  trees  for  the  purpose  of  sale  or  consumption  as  neera  or 8 *
*
manufacture  of  gur  or  any  other  article  which  is  not  an  intoxicant 9[and  on  a
licence being granted to the person to whom the trees belong, or who is in possession
of such trees, may permit them to be tapped or permit toddy to be drawn therefrom.]

*

33. The 5[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 11[foreign liquor].

34.

(1) The 5[State] Government may, by rules or an order in writing, authorise

an officer to grant a vendor’s licence 12[for the sale  of foreign liquor.]

1 This  section  was  substituted  for  the  original by  Bom.  22  of  I960,  s.  16.
2 Section  31A  was  inserted  by Bom.  26  of  1952,  s.  9.
3 These  words  were  substituted  for  the  words,  figure  and  letter  “any  preparation  to  which  section  24A

applies”  by  Bom.  36  of  1954,  s.  6 (i).

4 These  words  were  substituted  for  the  words  “preparation  referred  to”  by  Bom.  36  of  1954, s.  6 (ii).
5 This  word  was  substituted for  the  word  “Provincial”  by  the  Adaptation of  Laws  Order,  1950.
6 These words were substituted for the words “the tapping of palmyra or datepalm trees for juice intended

to  be  used”  by  Bom. 26  of  1952,  s.  10 (1).

7 These  words  were  substituted  for  the  words  “or  drawing juice  from”  by  Bom.  22  of  1960,  s.  17(a).
8 The  words  “for  the”  were  deleted by Bom.  22  of 1960, s.  17 (b).
9 This  portion was  added by Bom. 22 of 1960, s.  17 (c).
10 This  word  was substituted  for  the  word  “toddy” by  Bom.  26  of  1952, s.  10 (2).
11 These words were substituted for the words “liquor, intoxicating drug or hemp” by Bom. 22 of 1960, s. 18.
12 These words  were added by Bom. 22 of 1960, s.  19(a).

Licences  for
purchase, etc.
of liquor  for
manufacture
of 4[articles
mentioned in
section 24A]

Licences  for
tapping for
10[neera].

Trade and
import
licences.

Vendor’s
licence.

18

Maharashtra Prohibition Act

[1949 : Bom. XXV

(2) A vendor’s licence shall be granted on the following conditions :—

(i) the stock of foreign liquor with the licensee (except what is permitted for
the  disposal  in  the  shop)  shall  be  kept  by  him  at 1[godown]  approved  by
Government.

2 *
(iii) the licensee shall pay all rent, costs, charges and expenses incidental

*

*

*

*

*

to warehousing and supervision;

3[(iv) the licensee may sell any part of the stock of foreign liquor to foreign
liquor licensees or to chemists, canteens, messes and clubs, holding licences
in the State, or to any person outside the State, subject to such conditions as
the 4[Commissioner] may impose;

(v) the licensee shall be permitted to sell foreign liquor only to holders of

permits or authorizations;]

(vi) the licensee shall be entitled to keep in his shop such quantity of liquor

as may be required  by him from time to time  for retail sale;

(vii) the licensee shall keep accounts and shall dispose of 5[foreign liquor]
according to such instructions as may be given by the 4[Commissioner], or any
officer authorized in this behalf by the 4[Commissioner].

Hotel
licences.

35.

(1) The 6[State] Government may, by rules or an order in writing, authorize
an officer to grant licences to the managers of hotels to sell foreign liquor to the
holders of permits granted under this Act :

Provided that, the 6[State] Government is satisfied that such hotel has ordinarily

a sufficient number of boarders eligible to hold permits.

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

(i) liquor shall be sold 7*

to the permit holders 8[residing or

* *

boarding] at the hotel,

(ii) consumption of liquor sold shall not be allowed in any of the rooms of

the  hotel  to which  any  member  of  the public  has  access,

(iii) the holders of hotel licences shall pay the expenses of any officer of
the excise establishment, if any, required for grant and control of permits on
the premises 9[or for the supervision over the issue and consumption of foreign
liquor in the hotel].

36.

37.

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

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

1  This  word was  substituted  for  the  word “warehouse”  by  Bom.  22  of 1960,  s.  19(b)(i).
2  Clause (ii) was  deleted,  by  Bom.  22  of  1960, s. 19(b)(ii).
3  These  clauses  were  substituted  for the  original  by  Bom.  22  of  1960,  s.  19(b)(iii).
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  “the  goods”  by  Bom.  22  of  1960, s.  l9 (b)(iv).
6  This  word  was  substituted  for  the  word “Provincial”  by  the  Adaptation  of  Laws  Order,  1950.
7  The  words  “in  sealed  bottles”  were  deleted  by  Bom.  26  of  1952,  s.  12 (1).
8  These  words  were  substituted  for  the word  “residing”  by  Bom.  26  of  1952, s.  12 (2).
9  This portion  was  added  by Bom.  22  of  1960, s.  20.

1949 : Bom. XXV]

Maharashtra Prohibition Act

19

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

39. The 1[State]  Government  may,  on  such  conditions  as  may  be  specified

5[by a general or special order permit—

(i) the sale of foreign liquor to,
(ii) the purchase, use or consumption  of such liquor by,—

(a) the members of the armed forces in messes and canteens 8[of the armed

forces], and

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

thereon.]
40.

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

(a) that such person is  not a minor;

Licences  to
shipping
companies
4[and to
Masters  of
ships].

Permission
to  use  or
consume
foreign liquor
on 6*  *
warships,
troopships
and in
7[messes and
canteens of
armed
forces.]

Permits.

*

9*

*
(c) (i)  that  such  person  was  either  born  and  brought  up  or  domiciled  in  any
country outside India  where such liquor is being generally  used or consumed;

*

*

*

*

*

XVI  of
1939.

or
(ii) that such person is on the Register of Foreigners under the Registration of

Foreigners Act, 1939, and is  not domiciled in 10[India]  :

Provided that, in the case of any person falling under sub-clause (i) or (ii)—
(a1) such person has been residing and intends to reside in India temporarily
and  that  such  person  has  a  fixed  and  settled  purpose  of  making  his  sole  and
permanent home in any  country outside India; and

*

*

*

11*

(b1) that such person has been ordinarily  using or consuming such liquor
*
(3) Such permits shall be granted for  such quantities as may be prescribed.
12[(4) If any question arises whether the conditions imposed by clause (a) or
(c) of sub-section (1) are satisfied or not in any case, the State Government shall
decide the  question and its  decision shall  be final.
*

13*

*

*

*

*

*

*

*

*

*

1 This  word  was  substituted for  the  word  “Provincial”  by  the  Adaptation of  Laws  Order,  1950.
2 These  words  were  inserted  by  Bom.  26  of  1952,  s.  14 (1).
3 These words were substituted for the words “on condition that such liquor shall be sold only to bona fide

passengers on  such ship” by Bom.  26 of  1952,  s. 14 (2).
4 These  words  were added  by  Bom.  26  of  1952, s.  14 (3).
5 This portion was substituted for the words beginning with the words “in the notification” and ending with

the  word  “canteens” by  Bom.  26  of 1952,  s.  15  (1).

6 The  words  “cargo  boats”  were  deleted  by  Bom.  26  of  1952,  s.  15 (2)  (a).
7 These words were substituted for the words “military and naval messes and canteens” by Bom. 26 of 1952,

s.  15 (2)(b).

8 These  words  were  inserted  by Bom.  22  of  1960,  s.  22.
9 Clause (b)  was  deleted  by  Bom.  26  of  1952,  s.  16 (1).
10 This word was substituted for the words “the Dominion of India” by the Adaptation of Laws Order, 1950.
11 Sub-section (2)  was  deleted by  Bom.  22  of 1960,  s.  23.
12 Sub-section (4)  was  added by  Bom.  26  of  1952, s.  16 (2).
13 The Explanation  was deleted  by  Bom. 26  of  1952,  s. 16 (3).
H 340-4

20

Maharashtra Prohibition Act

[1949 : Bom. XXV

Health
permits.

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

Provided that no such permit shall be granted to a minor.
(2) Such permit shall be granted for such quantity and shall be subject to such

Emergency
permits.

further conditions as may be prescribed.

40B. (1) The State Government may by rules or orders in writing authorize an
officer to grant emergency permits for the use or consumption of brandy, rum or
champagne or any other kind of liquor to any person for his own use or consumption
or to any head of a household for the use of his household for medicinal use on
emergent occasions :

Provided that the person to whom a permit is granted under this section may
2[subject to such conditions as may be prescribed] allow the use or consumption of
liquor in respect of which the permit has been granted to any other person who
requires the use thereof for medicinal purpose on emergent occasions :

Provided further that no permit shall be granted to more than one member of a

household at any one time.
*

3*

*
(3) Such permits shall be granted for such quantities and shall be subject to such

*

*

*

*

further conditions as may be prescribed.]

Special
permits  to
foreign
sovereigns,
etc.

3*

*
41. The 4[State]  Government  may  grant  special  permits  for  the  use  or

*

*

*

*

*

consumption of foreign liquor 5[to any person who is —

(a) a Sovereign or Head of a foreign State;
(b) an Ambassador, Diplomatic Envoy or Consul, Honorary Consul or Trade,

Commerce or other representative of a foreign State;

(c) a member of the staff appointed by or serving under any person specified in

clause (a) or (b) :

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

*

*

6*

*
7[(c1) a member of a foreign Government;
(c2) a  representative  or  officer  of  any  international  organization  to  which
privileges and immunities are given from time to time by or under the United Nations
(Privileges and Immunities) Act, 1947; and]

*

*

*

(d) the Consort of any person specified in clauses (a), (b), 8[(c), (c1) or (c2)] or

any relation of such person dependent upon him.

42 .

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

1 Sections 40A and 40B were inserted by Bom. 26 of 1952, s. 17.
2 These words were inserted by Bom. 22 of 1960, s. 24 (a).
3 Sub-section (2) and the Explanation were deleted by Bom. 22 of 1960, s. 24 (b).
4 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
5 This portion was substituted for the words beginning with the words “to sovereigns” and ending with the

words “envoy or consul” by Bom. 26 of 1952, s. 18.
6 The word “and” was deleted by Bom. 22 of 1960, s. 25(a).
7 Clauses (c1) and (c2) were inserted by Bom. 22 of 1960, s. 25 (b).
8 These brackets, letters, figures and word were substituted for the word, brackets and letter “or (c)” by Bom. 22

of 1960, s. 25 (c).

XLVI
of
1947

Regulation
of  use  or
consumption
of foreign
liquor by
certian
permit
holders.

Licence  to
clubs.

Authorization
for
sacramental
purposes.

1949 : Bom. XXV]

Maharashtra Prohibition Act

21

1[43.

(1) No holder of a permit granted under any of the provisions of this Act

other than section 40B shall drink in a public place  2*

*

*

*

*

(2) 3*
4[(3) A person holding a permit under sections 40, 41, 46, 46A or 47 may allow the
use or consumption of any part of the quantity of foreign liquor possessed by him
under the permit, to any other person who holds a permit under any of those sections.
(4) No holder of a permit under sections 40, 41, 46, 46A or 47 shall serve any
liquor at any ceremonial or other function or any assembly of persons where persons
(not being members of his family or his employees) who do not hold any of the
permits aforesaid, are present.]

44.

(1) The 5[State] Government may, by rules or an order in writing 6[grant or
authorise an officer to grant] licence; to a club approved by the 5[State] Government
in this behalf to sell foreign liquor 7[to its members holding permits.]
(2) Such licences shall be granted on the following conditions —
*

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

8*

*

*

*

*

*

(c) that the club when authorised 9[in writing] by any member who is the holder
of a permit may stock the permitted quantity of liquor on account of such member;
*
*
*

8*
9*
10*
(1) The  5[State] Government may, by rules or an order in writing, authorise
an officer to grant any authorization to any person for the use of liquor for sacramental
purposes :

*
*
*

*
*
*

*
*
*

*
*
*

*
*
*

*
*
*

45.

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.

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

*
(4) If any dispute arises whether the use of liquor is required by any person
for  sacramental  purpose,  the  person  requiring  such  use  may  apply  to  the
13[Commissioner]. The 13[Commissioner] after holding a summary inquiry 14* * *

12*

*

*

*

*

*

1 Section 43 was substituted for the original by Bom. 26 of 1952, s. 20.
2 These words were deleted by Mah. 52 of 2005, s. 2 (a).
3 Sub-section (2) was deleted by Mah. 52 of 2005, s. 2 (b).
4 Sub-sections (3) and (4) were substituted for the original sub-section (3) by Bom. 22 of 1960, s. 27.
5 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
6 These words were substituted for the words “authorise or grant” by Bom. 26 of 1952, s. 21.
7 These words were added by Bom. 22 of 1960, s. 28 (a).
8 Clauses (a) and (d) were deleted by Bom. 22 of 1960, s. 28 (b) (i).
9 These words were inserted and the word “and” was deleted by Bom. 22 of 1960, s. 28 (b) (ii).
10 The Explanation was deleted by Bom. 22 of 1960, s. 28 (b) (iii).
11 This sub-section was substituted for the original by Bom. 22 of 1960, s. 29 (a).
12 Sub-section (3) was deleted by Bom. 22 of 1960, s. 29 (b).
13 This word was substituted for the word “Director” by Mah. 52 of 1973, s. 3 Sch.
14 The words “in prescribed manner” were deleted by Bom. 22 of 1960, s. 29 (c).

22

Maharashtra Prohibition Act

[1949 : Bom. XXV

shall decide whether or not the liquor is required by the person for sacramental

purposes.

(5) The decision of the 1[Commissioner] under sub-section (4) shall be final.

Visitor’s
permit.

2[46.

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

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

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

(b) visits  the State  for a  period of  not more  than a  week.

(2) Such  permit  shall  be  granted  ordinarily  for  a  period  not  exceeding  one
week at any one time; but may be extended from time to time for further periods
not  exceeding  one  week  at  a  time,  so  however  that  the  total  period  shall  not
exceed in  the aggregate  one month.]

7[Tourist’s
permit.]

3[46A.

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

(2) A tourist’s permit may be granted for the period of the tourist’s intended
stay  in  the 5[State],  but  shall  in  no  case  be  granted  for  a  period  exceeding  one
month.

(3)  Such  permits shall  be  available  at  such  places as  may  be 6[fixed]  by  the

1[Commissioner] in this behalf.]

Interim
permits.

47.

(1) Notwithstanding  anything  contained  in  sections 8[40A  and  41]  the
9[State] Government may, by rules or an order in writing, 10[authorize an officer
to] grant interim permits to persons applying for permits under any of the said
provisions.

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

months.

1 This word was substituted for the word “Director” by Mah. 52 of 1973, s. 3, Sch.
2 Section 46 was substituted for the original by Bom. 22 of 1960, s. 30.
3 Section 46A was inserted by Bom. 20 of 1955, s. 4.
4 These words were substituted for the words “tourist’s permits” by Bom. 22 of 1960, s. 31 (a).
5 This word was substituted for the words “pre-Recorganisation State of Bombay, excluding the transferred

territories” by Bom. 12 of 1959, s. 3.

6 This word was substituted for the word “notified” by Bom. 22 of 1960, s. 31 (b).
7 This marginal note was substituted for the words “tourist permits” by Bom. 22 of 1960, s. 31 (c).
8 These figures, letter and word were substituted for the figures and word “40 and 41” by Bom. 26 of 1952,

s. 22 (7).

9 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
10 These words were inserted by Bom. 26 of 1952, s. 22 (2).

1949 : Bom. XXV]

Maharashtra Prohibition Act

23

48.

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

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

9[48A. Permits granted under sections 40, 40A, 40B, 41, 46, 46A, 47 or 48

shall be non-transferable.]

10[49. Notwithstanding anything contained in this Act, the State Government
shall have the exclusive right or privilege of importing, exporting, transporting,
manufacturing, bottling, selling, buying, possessing or using any intoxicant, hemp
or toddy, and whenever under this Act or any rules or orders made thereunder any
fees are levied and collected for any licence, permit, pass, authorisation or other
permission given to any person for any such purpose, such fees shall be deemed
to include the rent or consideration for the grant of such right or privilege to that
person by  or on  behalf of  the State  Government.]

6[7[Permits]
for
consumption
or  use  of
intoxicating
drugs 8[or
opium]].

Permits  to
be non-
transferable.

Exclusive
privilege of
Government
to import,
etc.
intoxicants,
etc.  and  fees
levied
include rent
or
consideration
for  grant  of
such
privilege to
person
concerned.

50.

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

51.

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

22  of    1960,  s.  34.

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

2 This word was substituted for the word “licences” by Bom. 22 of 1960, s. 32(a).

3 These words were substituted for the word “sale” by Bom. 26 of 1952, s. 23 (1).

4 These words were substituted for the words “hemp drug” by Bom. 26 of 1952, s. 23 (1).

5 These words were inserted by Bom. 22 of 1960, s. 32(b).

6 This marginal note was substituted for the original by Bom. 26 of 1952, s. 23 (2).

7 This word was substituted for the word “Licence” by Bom. 22 of 1960, s. 32(c).

8 These words were inserted by Bom. 22 of 1960, s. 32(c).

9 Section 48A was inserted by Bom. 22 of 1960, s. 33.

10 Section 49 was inserted by Mah. 70 of 1981, s. 2.

24

Maharashtra Prohibition Act

[1949 : Bom. XXV

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

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

General
conditions
regarding
licences,  etc.

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

Provided that every licence, permit, pass or authorization shall be granted only
on the condition that the 3[person applying] undertakes, and in the opinion of the
officer authorized to grant the licence, permit, pass or authorization is likely to
abide  by  all  the  conditions  of  the  licence,  permit,  pass  or  authorization  and
provisions of this Act.

Certain
licensees
required to
keep
measures,
etc.

Power  to
cancel  or
suspend
licences and
permits.

  *

4*
*
5[53A. Every person who manufactures or sells any intoxicant or hemp under

*

*

*

*

a  licence granted  under this  Act,  shall be  bound—

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

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

54.

(1) 6[The  authority  granting  any  licence,  permit,  pass  or  authorization
under this Act may for reasons to be recorded in writing cancel or suspend it,]

(a) if  any fee  or duty  payable  by the  holder  thereof is  not duly  paid;
(b) if  the  purpose  for  which  the  licence,  permit,  pass  or  authorization  was

granted ceases to exist;

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

1 This  word was  substituted  for  the word  “Provincial”  by the  Adaptation  of  Laws Order,  1950.
2 This  word was  inserted  by Bom.  22  of  1960, s.  35.
3 These  words were  substituted for  the  words “holder  thereof ”  by Bom.  22 of  1960, s.  36.
4 The portion beginning with the words “and not to do anything” and ending with the words “object and

purposes  of  this  Act”  were  deleted  by  Bom.  26  of  1952,  s.  24.

5 This  section was  inserted  by Bom.  22  of  1960, s.  37.
6 These  words  were  substituted  for  the  portion  beginning  with  the  words  “The  Director  or  any  officer
authorised in this behalf and ending with the words “granted under this Act” by Bom. 22 of 1960, s. 38
(a)  (i).

II  of
1930.
XXIII
of
1940.
Bom.
XXIX
of
1952.
IV  of
1889.
XLV
of
1860.
VIII  of
1878.

1949 : Bom. XXV]

Maharashtra Prohibition Act

25

(d) if  the  holder  thereof  or  any  person  in  the  employ  of  such  holder  or  any
person acting with his express or implied permission on his behalf is convicted
of  any  offence  under  this  Act  or  if  the  holder  of  the  licence,  permit,  pass  or
authorization is convicted of any cognizable and non-bailable offence or 1[of any
offence under the Dangerous Drugs Act, 1930 or under the Drugs Act, 1940 or
under the Bombay Drugs (Control) Act, 1952] or under the Indian Merchandise
Marks Act, 1889, or of any offence punishable under sections 482 to 489 (both
inclusive) of the Indian Penal Code, or of any offence punishable under Article
8  of  the  Schedule  to  section  167  of  the  Sea  Customs  Act,  1878;

2[(e) if  the  licence,  permit,  pass  or  authorization  has  been  obtained  through

wilful misrepresentation or fraud.]

(2) Where  a  licence,  permit,  pass  or  authorization  held  by  any  person  is
cancelled,  under  sub-section  (1),  the  authority  aforesaid  may  cancel  any  other
licence, permit or pass or authorization granted or deemed to have been granted
to  such  person under  this  Act.

3[(3) Notwithstanding anything contained in this section, the State Government
may, for reasons to be recorded in writing, suspend or cancel any licence, permit,
pass or authorization.]

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

56.

(1) Whenever  the  authority  granting  a 4[licence,  permit,  pass  or
authorization] considers that it should be cancelled for any cause other than those
specified in section 54, he may cancel 5[it]  either—

(a) on  the  expiration  of  not  less  than  fifteen  days’  notice  in  writing  of  his

intention to  do so;  or

6[(b) forthwith without notice, recording his reasons in writing for doing so.]
7[(2)  Where  a  licence,  permit,  pass  or  authorization  is  cancelled  under  sub-
section (1), a  part  of  the  fee  for  the  licence,  permit,  pass  or  authorization
proportionate to the unexpired portion of the term thereof and the deposit made
by the holder thereof in respect of such licence, permit, pass or authorization shall
be  refunded  to  him  after  deducting  any  amount  due  from  him  to  the  State
Government.]

57. Notwithstanding  anything  contained  in  any  other  section,  when  a
licence  is  liable  under  that  section  to  cancellation  owing  to  default  in  the
payment of any duty or fee payable by the holder thereof, the authority granting
the  licence  may  attach  and  take  such  licence  under  management,  and  if  the

1 These words and figures were substituted for the words and figures “of any offence under the Dangerous

Drugs  Act,  1930" by  Bom.  22  of  1960, s.  38 (a)(ii).

2 This  clause  was  inserted  by  Bom.  22  of  1960,  s. 38 (a)(iii).
3 This  sub-section was  substituted for  the original by  Bom. 22  of  1960, s. 38 (d).
4 These  words  were  substituted for  the  word  “licences” by  Bom.  22  of  1960,  s. 39 (a)(i).
5 This  word  was  substituted  for  the  words  “the  licence” by  Bom.  22  of  1960,  s. 39 (a)(ii).
6 This  clause was  substituted by  Bom. 22  of  1960,  s. 39 (a)(iii).
7 This sub-section was  substituted by Bom.  22 of  1960, s. 39 (b).

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

Cancellation
for other
reasons.

Attachment
of  licence.

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

Supervision
over
manufacture,
etc.

2[Commi-
ssioner]
entitled to
require
licence
holder 5[or
owner] to
dispose of
stocks.

26

Maharashtra Prohibition Act

[1949 : Bom. XXV

profits  received  from  such  management  after  meeting  all  the  expenses  of  such
attachment and management are less than the amount of the arrears for which the
licence  was  attached  and  the  amount  falling  due  on  such  licence  during  the
remaining  period  of  such  licence  the  difference  shall  be  recovered  from  the
licensee  as if  it were  a duty  or fee  leviable  under any  one of  the provisions  of
this Act, and in the event of the said profits exceeding the amount so due under
the licence,  the licensee  shall not  be entitled to  receive any  of the  said profits.
58. Notwithstanding  anything  contained  in  any  law  for  the  time  being  in
force no right, title or interest in any licence, permit, pass or authorization granted
under this Act shall be liable to be sold, transferred or attached in execution of
any  process of  any  civil  or any  other  Court.

1[58A. The State Government may by general or special order direct that the
manufacture, import, export, transport, storage, sale, purchase, use, collection or
cultivation  of  any  intoxicant,  denatured  spirituous  preparation,  hemp,  mhowra
flowers, or molasses shall be under the supervision of such Prohibition and Excise
or Police staff as it may deem proper to appoint, and that the cost of such staff shall
be paid to the State Government by the person manufacturing, importing, exporting,
transporting,  storing,  selling,  purchasing,  using,  collecting  or  cultivating  the
intoxicant, denatured spirituous preparation, hemp, mhowra flowers or molasses:
Provided  that,  the  State  Government  may  exempt  any  class  of  persons  or

institutions from  paying the whole  or any part of  the cost of  such staff.]

59.

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

4[(1A) The 2[Commissioner]  may  also  direct  the  owner  of  the  stock  of  any
intoxicant, 3[denatured spirituous preparation,] hemp or mhowra flowers who does
not hold any licence, permit, pass or authorization for such stock to dispose of
the said stock before such date as may be specified in the order, and the owner
shall comply with such direction.]

(2) Any  stock  of  intoxicant, 3[denatured  spirituous  preparation,]  hemp  or
mhowra flowers left undisposed of after the date so specified shall, together with
receptacles  or packages  in which  it is  contained, be  liable to  forfeiture to 6[the
State Government] by the order of the 2[Commissioner]. On the cancellation or
the  expiry  of  the  period  of  any  licence,  permit,  pass  or  authorization,  the
2[Commissioner]  may  also  direct  that  any  stock  of  any  intoxicant, 3[denatured
spirituous preparation,] hemp or mhowra flowers remaining with the holder of the
licence, permit, pass or authorization together with receptacles or packages thereof
be forfeited to 7[the State Government.]

1  This  section  was  inserted  by  Bom.  22  of  1960,  s.  40.
2  This  word  was  substituted  for  the  word  “Director”  by  Mah.  52  of  1973,  s.  3,  Sch.
3  These  words  were  inserted  by  Bom.  22  of  1960,  s.  41  (a).
4 Sub-section (1A) was  inserted  by  Bom.  26  of  1952,  s.  26 (1)
5  These  words  were  inserted  by  Bom.  26  of  1952,  s. 26 (2).
6  These  words  were  substituted  for  the  words  “His  Majesty”  by  the  Adaptation  of  Laws  Order,  1950.
7  These  words  were  substituted  for  the  words  “His  Majesty”  by  the  Adaptation  of  Laws  Order,  1950.

1949 : Bom. XXV]

Maharashtra Prohibition Act

27

(3)  If  the  articles  which  are  forfeited  under  sub-section (2) are  sold,  the
1[Commissioner] may, if he thinks fit, order the whole or any portion of the sale
proceed  of such  articles to  be  paid to  the owner  thereof.

2[(4) No direction or order under sub-section (1), (1A), (2) or (3) shall be made
unless  the  person  likely  to  be  adversely  affected  by  such  direction  or  order  is
given  reasonable  opportunity  of  being  heard,  and  the  reasons  for  the  direction
given or order made are recorded in writing by the 1[Commissioner].

____________

3[CHAPTER IV-A.
Control and Regulation of 4[Articles Mentioned in section  24A] to prevent
their use as Intoxicating Liquor.

5[59AA. No article mentioned in section 24A shall be manufactured, imported
or exported, except under a licence which shall, subject to the provisions of any
of rules made in that behalf, be granted by an officer authorised in that behalf by
an order  in writing by  the State  Government :

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

8[Manufac-
ture  of
articles
mentioned in
section
24A.]

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.]

59A.

(1) No manufacturer of any of the articles mentioned in section 24A
shall sell, use or dispose of any liquor purchased or possessed for the purposes
of such manufacture under the provisions of this Act otherwise than as an ingredient
of the articles authorised to be manufactured therefrom. No more alcohol shall be
used  in  the  manufacture  of  any  of  the  articles  mentioned  in  section  24A  than
quantity  necessary  for  extraction  or  solution  of  the  elements  contained  therein
and for the preservation  of the articles :

Provided that in the case of manufacture of any of the articles mentioned in
section 24A in which the alcohol is generated by a process of fermentation the
amount  of such  alcohol  shall not  exceed  12  per cent. 6[by  volume.]

(2) No person shall—

(a) knowingly sell any 7[article mentioned in section 24A] for being used as

an intoxicating drink, or

(b) sell any such article under circumstances from which he might reasonably

reduce  the intention  of the  purchaser to  use them  for such  purpose.

1 This  word  was  substituted  for  the  word  “Director”  by  Mah.  52  of  1973,  s.  3,  Sch.
2 This  sub-section was  inserted  by  Bom. 22  of  1960,  s. 4l (b).
3 Chapter  IV-A was  inserted  by Bom.  26  of  1952, s.  27.
4 These  words,  figures  and  letter  were  substituted  for  the  words  “Medicinal  and  Toilet  Preparation”  by

Bom.  36  of 1954,  s.  7.

5 This  section was  inserted  by Bom.  22  of  1960, s.  42.
6 These words  were added by Bom.  22 of  1960, s.  43.
7 These words, figures and letter were substituted for the words, figures and letter “article to which section

24A  applies”  by  Bom.  36  of  1954,  s.  8 (i).

8 This  marginal  note  was  substituted  for  the  original  by  Bom.  36  of  1954, s.  8 (ii).

H 340-5

1[Analysis of
articles
mentioned in
section 24A]

28

Maharashtra Prohibition Act

[1949 : Bom. XXV

59B.

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

5[(1A) If such person fails to show to the satisfaction of the 3[Commissioner]
that the said article corresponds with the description and limitations provided in
section  59A,  the 3[Commissioner]  may  by  notification  in  the Official  Gazette
direct that the said article be dealt with as an intoxicating liquor and thereupon
the provisions of this Act relating to liquor shall apply to that article.]

6[(2) Whenever the 3[Commissioner] causes an analysis of an article mentioned
in section 24A to be made under sub-section (1) 7[or gives notice thereunder], he
may  require  the  person  who  is  the  manufacture  thereof  or  who  is  known  or
believed  to  have  imported 4[or  obtained]  such  articles  not  to  sell,  distribute  or
otherwise  deal  with  such  article,  or  to  remove  it  from  any  place  without  the
previous permission of the 3[Commissioner], for any period not exceeding three
months from the date of such requisition or till the result of the analysis is known
and 3[communicated  to  him  in  writing  by  the 3[Commissioner]  whichever  is
earlier, or as the case may be, till such manufacturer or other person satisfies the
3[Commissioner]  that  the  article  corresponds  to  the  description  and  limitations
provided in section 58A]; and thereupon such manufacturer or person shall comply
with such requisition during the said period.]

9[CHAPTER IV-B.
Control and Regulation of Denatured Spirituous Preparations to prevent
their use as Intoxicating Liquor.

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

59C.

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

(2) In  specifying  quantity  of  possession  of  denatured  spirituous  preparation
under sub-section (1) regard shall be had to the necessity for the free possession
of  such  preparation  for  legitimate,  domestic  and  other  purposes,  and  different
limits may be fixed for—
(i) different local areas,
(ii) different classes of persons, and
(iii) different occasions.

1 This  marginal  note  was substituted  for  the  “original”,  by  Bom.  36 of  1954,  s.  9.
2 The original section 59B was re-numbered as sub-section (1) of that section by Bom.  20 of 1955. s. 5.
3  This  word  was  substituted  for  the  word  “Director”  by  Mah.  52  of  1973,  s.  3,  Sch.
4 These  words  were inserted  by  Bom.  22  of  1960, s.  44 (1).
5 Sub-section  (1A) was  inserted by  Bom.  22 of  1960, s.  44 (2).
6 Sub-section (2) was added  by Bom.  20 of  1955, s.  5.
7 These  words were  inserted  by Bom.  22  of  1960, s.  4(1).
8  These  words,  figures  and  letters  were  substituted  for  the  words  “communicated  to  him  whichever  is

earlier” by  Bom.  22  of  1960, s.  44 (3).

9  Chapter  IV-B was  inserted by  Bom.  22  of  1960, s.  45.

1949 : Bom. XXV]

Maharashtra Prohibition Act

29

(1) No person shall—

59D.
(a) manufacture, sell or bottle for sale any denatured spirituous preparation,
except under the authority and in accordance with the terms and conditions of a
licence,

Regulation
of
manufacture,
etc.,  of
denatured
spirituous
preparations.

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

(c) drink any denatured spirituous preparation.
(2) A licence or pass required under sub-section (1) shall be  granted by any

officer empowered in writing in that behalf by the State Government.]

––––––––––
CHAPTER  V.
Mhowra Flowers.

Prohibition
of export  or
import of
mhowra
flowers.

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

60.

(1) No  person  shall  export  or  import  mhowra  flowers  except  under  a

pass granted by  the Collector or an officer authorised  in this behalf.

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

Provided that no licence, permit or pass shall be necessary for the collection,
transport, sale, purchase or possession within such area and during such period
(hereinafter called vacation period) as the 3[State] Government may, by notification
in the Official Gazette, notify, of any quantity of mhowra flowers which shall be
the  produce of  that year 4[and  of  that  area]  :

Provided further that unless the 3[State] Government by a notification in the
Official Gazette, otherwise directs, no licence, permit or pass shall be necessary
for the transport by rail of any quantity of mhowra flowers through an area which
has no vacation period or the vacation period for which has expired at the time
when the transport takes place, provided that—

(i) the  said flowers are  not unloaded in  transit, and

(ii) there is a vacation period at the place from which and to which the said
flowers are transported at the time when the said flowers are despatched or arrive,
as  the  case  may  be.

*

*

*

*

5*
1  These  words  were  substituted  for  the  words  “No  person  shall”  by  Bom.  26  of  1952,  s.  28  (1).
2  These  words  were  inserted  by  Bom.  26  of  1952,  s.  28  (2).
3  This  word  was  substituted  for  the  word “Provincial”  by  the  Adaptation  of  Laws  Order,  1950.
4  These  words  were  added  by Bom.  26  of  1952,  s.  28  (3).
5 The Explanation was  deleted by  Bom.  22  of 1960,  s.  46.

*

*

Control of
export, etc.
of  molasses.

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

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

30

Maharashtra Prohibition Act

[1949 : Bom. XXV

CHAPTER VI.
Control and regulation of Molasses.

61.

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

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

(3) The 1[State]  Government  may  also  authorise  any  Collector  or  any  other

officer to grant permits for the transport of molasses.

62. The provisions of sections 53 to 59 3[(both inclusive)] shall so far as may

be applicable, apply  to licences or permits granted  under section 61.

4[63. The provisions of this Act in relation to molasses shall be in addition
to,  and  not  in  derogation  of  the  provisions  of  the  Bombay  Molasses  (Control)
Act,  1956, or  of any  rule or  order made  thereunder.]

Bom.
XXX-
VIII  of
1956.

64.

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

––––––––––––
CHAPTER VII.
Offences and penalties.

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

(a) 5[imports or exports or transports any intoxicant] 6[(other than opium)] or hemp,
(b) manufactures any intoxicant 7[(other than opium)],
(c) constructs or works any distillery or brewery,
(d) bottles liquor,
(e) 8[sells or buys or possesses any intoxicant] 6[(other than opium)] or hemp, or
(f) uses, keeps or has in his possession any materials, still, utensils, implements
or apparatus for the purpose of manufacturing any intoxicant] 7[(other than opium)].

9[(g) cultivates or collects hemp,]
10[shall, on conviction, be punished for each such offence 11[with imprisonment
for a term which shall not be less than three years but which may extend to five
years or with fine which shall not be less than twenty-five thousand rupees but
which may  extend to fifty  thousand rupees or  with both].

*

*

*

12*
1 This  word  was  substituted for  the  word  “Provincial”  by  the  Adaptation of  Laws  Order,  1950.
2 These  words  were  inserted  by Bom.  26  of  1952,  s.  29.
3 These  brackets  and words  were  inserted  by  Bom.  22 of  1960,  s.  47.
4 This  section  was  inserted, by  Bom.  22  of  1960,  s. 48.
5 These words were substituted for the words “imports or exports any intoxicant” by Mah. 52 of 2005, s. 3 (a).
6 These  brackets  and  words  were  inserted  by Bom.  22  of  1960,  s.  49 (a).
7 These brackets and words were substituted for the brackets and words “(other than toddy)” by Bom. 22 of

1960, s. 49 (b).

8 These words were substituted for the words “sells or buys any intoxicant” by Mah. 52 of 2005, s. 3 (b).
9 This  clause  was  inserted  by  Bom.  22  of  1960,  s.  49 (c).
10 This portion was substituted for the portion beginning with the words “shall on conviction be punished”

to  the  end  of  the  section  by  Bom.  22  of  1960,  s.  49 (d).

11 These words were substituted for the words “with imprisonment for a term which may extend to three

years  and  also  with  fine:”  by  Mah.  52  of  2005,  s.  3 (c).
12 This  proviso  was  deleted by  Mah.  52  of  2005, s.  3 (d).

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

1949 : Bom. XXV]

Maharashtra Prohibition Act

31

66.

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

2*
(b) 3[consumes or uses any intoxicant] 4[(other than opium)] or hemp,
(c) taps or  permits to be  tapped any toddy  producing tree,
(d) draws or permits  to be drawn toddy  from any tree,
shall, on conviction, be punished—

*

*

*

*

(i) for a first offence, with imprisonment for a term which may extend to

six  months and  with fine  which may  extend to 5[ten  thousand rupees]  :

Provided that in the absence of special and adequate reasons to the contrary
to be mentioned in the judgment of the Court, such imprisonment shall not be
less than 6[five thousand rupees];

(ii) for second offence, with imprisonment for a term which may extend to

two  years and  with fine  which may  extend to 7[twenty  thousand rupees]  :

Provided that in the absence of special and adequate reasons to the contrary
to be mentioned in the judgment of the Court, such imprisonment shall not be
less  than six  months and  fine shall  not be  less than 8[ten  thousand  rupees];
(iii) for a third or subsequent offences, with imprisonment for a term which
may extend to two years and with fine which may extend to 9[twenty thousand
rupees] :

Provided that in the absence of special and adequate reasons to the contrary
to be mentioned in the judgment of the Court, such imprisonment shall not be
less than nine months and fine shall not be less than 10[ten thousand rupees].
11[(2) Subject  to  the  provisions  of  sub-section (3),  where  in  any  trial  of  an
offence under clause (b) of sub-section (1) for the consumption of an intoxicant,
it  is alleged  that the  accused person  consumed  liquor, and  it is  proved that  the
concentration of alcohol in the blood of the accused person is 12[not less than 0.05
per cent. weight in volume] then the burden of proving that the liquor consumed
was a medicinal or toilet preparation, or an antiseptic preparation or solution, or
a  flavouring  extract,  essence  or  syrup,  containing  alcohol,  the  consumption  of
which is not in contravention of the Act or any rules, regulations or orders made
thereunder, shall be upon the accused person, and the Court shall in the absence
of such proof presume the contrary.

1 Section 66 was renumbered as sub-section (1) by Bom. 12 of 1959, s. 9.
2 Clause (a) was deleted by Bom. 22 of 1960, s. 50 (a) (i).
3 These words were substituted for the words “consumes, uses, possesses or transports any intoxicant” by

Mah. 52 of 2005, s. 4 (a).

4 These brackets and words were inserted by Bom. 22 of 1960, s. 50 (a) (ii).
5 These words were substituted for the words “one thousand rupees” by Mah. 52 of 2005, s. 4 (b) (i).
6 These words were substituted for the words “five hundred rupees” by Mah. 52 of 2005, s. 4 (b) (ii).
7 These words were substituted for the words “two thousand rupees” by Mah. 52 of 2005, s. 4 (c) (i).
8 These words were substituted for the words “one thousand rupees” by Mah. 52 of 2005, s. 4 (c) (ii).
9 These words were substituted for the words “two thousand rupees” by Mah. 52 of 2005, s. 4 (d) (i).
10 These words were substituted for the words “one thousand rupees” by Mah. 52 of 2005, s. 4 (d) (ii).
11 Sub-sections (2) and (3) were added by Bom. 12 of 1959, s. 9.
12 These words and figures were substituted and were deemed always to have been substituted for the words

and figures “not less than 0.05 per cent” by Bom. 22 of 1960, s. 50 (b).

32

Maharashtra Prohibition Act

[1949 : Bom. XXV

(3) The  provisions  of  sub-section (2) shall  not  apply  to  the  consumption  of

any liquor—

(a) by indoor patients during the period they are being treated in any hospital,
convalescent home, nursing home or dispensary, maintained or supported by
Government or a local authority  or by charity, or

(b) by such other persons, in such other institutions, or in such circumstances

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

Provided that, in the absence of special and adequate reasons to the contrary

to be  mentioned in the  judgement of  the Court,—

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

fine shall  not be  less than  five hundred  rupees;

(ii) for a second offence, such imprisonment shall not be less than nine months,

and  fine  shall  not  be less  than  one  thousand  rupees;

(iii) for  a  third  or  subsequent  offences,  such  imprisonment  shall  not  be  less

than  one  year  and  fine  shall  not  be  less  than  one  thousand  rupees.]

67.

2[(1) Whoever in contravention of section 21 alters or attempts to alter
any  denatured  spirit  or  has  in  his  possession  any  spirit  in  respect  of  which  he
knows or has reason to believe that any such alteration or attempt has been made
shall, on conviction, be punished 3[with imprisonment for a term which shall not
be less than three years but which may extend to five years or with fine which
shall not be less than twenty-five thousand rupees but which may extend to fifty
thousand rupees or with both.]
*

4*
*
5[(2) In prosecution under this section, it shall be presumed, until the contrary
is  proved,  that  the  alteration  or  attempt  to  alter  any  denatured  spirit  was  done,
with  the  intention  that  such  spirit  may  be  used  for  human  consumption  as,  an
intoxicating liquor.]

*

*

*

Penalty for
illegal
import,  etc.,
of opium.

Penalty for
alteration or
attempting to
alter
denatured
spirit.

Penalty for
alteration or
attempting to
alter
denatured
spirituous
preparation.

6[67-1A.

7[(1)] Whoever in contravention of section 21A alters or attempts
to  alter  any  denatured  spirituous  preparation  or  has  in  his  possession  any  such
preparation in respect of which he knows, or has reason to believe that any such
alteration  or  attempt  has  been  made  shall,  on  conviction,  be  punished 8[with
imprisonment for a term which shall not be less than three years but which may
extend to five years or with fine which shall not be less than twenty five thousand
rupees but  which may  extend to  fifty thousand  rupees or  with both.]

9[ * * * ]

1 This section was inserted by Bom. 22 of 1960, s. 51.
2 Section 67 was renumbered as sub-section (1) by Bom. 22 of 1960, s. 52.
3 These words were substituted for the words “with imprisonment for a term which may extend to one year

and with fine which may extend to one thousand rupees” by Mah. 52 of 2005, s. 5 (a).

4 This proviso was deleted, by Mah. 52 of 2005, s. 5 (b).
5 This sub-section was added by Bom. 22 of 1960, s. 52.
6 Section 67-1A was inserted by Bom. 36 of 1954, s. 10.
7 Section 67-1A was renumbered as sub-section (1) by Bom. 22 of 1960, s. 53.
8 These words were substituted for the words “with imprisonment for a term which may extend to one year

and with fine which may extend to one thousand rupees” by Mah. 52 of 2005, s. 6 (a).

9 This proviso was deleted by Bom. 52 of 2005, s. 6 (b).

1949 : Bom. XXV]

Maharashtra Prohibition Act

33

1[(2) In prosecutions under this section, it shall be presumed, until the contrary
is proved, that the alteration or attempt to alter any denatured spirituous preparation
was  done  with  the  intention  that  it  may  be  used  for  human  consumption  as  an
intoxicating liquor.]

2[67-1B.     Whoever—
(a) not being registered medical practitioner issues a prescription for intoxicating

liquor, or

(b) being a registered medical practitioner—

(i) prescribes intoxicating liquor in contravention of the provisions of sub-

section (2) of  section 22A,  or

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

liquor the particulars required by that section to be stated therein, or

(iii) fails to preserve such prescription, or a copy thereof, for the period for

which it  is required  by that  section to  be preserved,

shall, on conviction, be punished with imprisonment for a term which may extend
to six months or with fine which may extend to 3[ten thousand rupees] or with both.]

4[67A.

(1) Whoever in contravention of the 5[provisions of section 59AA or,

as  the  case  may  be,  of  section  59A]—

6[(1a) manufactures, imports or exports any article mentioned in section 24A, or]
(a) sells, uses or disposes of any liquor otherwise than as an ingredient of any

7[article mentioned in section 24A], or

(b) uses more alcohol in the 8[manufacture of any of the articles mentioned in
section 24A] than the quantity necessary for extraction or solution of the elements
contained therein and for the preservation of such 9[article], or

(c) knowingly sells 10[any such article] for being used as an intoxicating drink,
or  sells  any  such  article  under  circumstances  from  which  he  might  reasonably
reduce  the intention  of the  purchaser to  use them  for such  purpose,
shall, on conviction, be punished with imprisonment for a term which may extend
to one year or with fine 11[which may extend to ten thousand rupees] or with both.
(2) No person who has been convicted for any offence under this section or
has  paid  any  sum  of  money  under  section  104 12[by  way  of  composition]  for
such offence shall be entitled to manufacture, import or to sell any 13[article

Penalty for
contravention
of provision
regarding
prescriptions.

Penalty for
manufac-
turing
14[articles
mentioned in
section 24A]
in contraven-
tion  of  the
provisions of
section 59A.

1 This sub-section  was added  by Bom.  22 of  1960, s.  53.
2 This  section  was  inserted by  Bom.  22  of  1960, s.  54.
3 These  words were  substituted  for the  words  “one thousand  rupees”  by  Mah. 52  of  2005, s.  7.
4 Sections  67A and  67B  were inserted  by  Bom. 26  of  1952, s.  31.
5 These words, figures and letters were substituted for the words, figures and letters “provisions of section

59-A”  by  Bom.  22  of  1960,  s.  55 (a)  (i).

6 Clause (1a) was  inserted  by  Bom.  22  of  1960, s.  55 (a)  (ii).
7 These words were substituted for the words “medicinal or toilet preparation” by Bom. 36 of 1954, s. 11 (i) (a).
8 These words, figures and letter were substituted for the words “in the manufacture of such articles which

may  be  used  as  intoxicating  liquor”  by  Bom.  22  of  I960,  s.  55 (a) (iii).

9 This  word  was  substituted  for  the  word  “preparation” by  Bom.  36  of  1954,  s.  11 (i) (b).
10 These words were substituted for the words, figures and letter “any article to which section 24A applies,”

by  Bom.  36  of  1954, s.  11 (i)  (c).

11 These  words  were  inserted  by  Mah.  52  of  2005,  s.  8.
12 These  words  were  inserted  by  Bom.  22  of  1960,  s.  55 (b).
13 These words were substituted for the words, figures and letter “preparation to which section 24A applies”

by  Bom.  36  of  1954,  s.  11 (ii)  (a).

14 These words, figures and letter were substituted for the words “medicinal or toilet prepartions” by Bom. 36 of

1954, s. 11 (iii).

6[Penalty for
failure  to
satisfy  the
3[Commissi-
oner] under
sub-section
(1), or  to
comply with
a requisition
under sub-
section (2) of
section 59B.]
Penalty for
possessing
etc.,
denatured
spirituous
preparations
in
contravention
of provisions
of sections
59C and
59D.

Penalty for
opening etc.
of common
drinking
house.

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

34

Maharashtra Prohibition Act

[1949 : Bom. XXV

mentioned in section 24A] for a period of one year from the date of such conviction
or payment, and any person who imports, manufactures or sells any 1[such article]
in contravention of this sub-section shall be liable to the same punishment as is
provided for an offence punishable under section 65.

67B.

2[(1)] If the manufacturer of any of the articles mentioned in section 24A
fails to show to the satisfaction of the 3[Commissioner] that the article corresponds to
the description and limitation provided in section 59A, his licence for the purchase, use
or possession of liquor or alcohol for the manufacture of such article shall be revoked.
4[(2) Any  person  who  fails  to  comply  with  any  requisition  made  by  the
3[Commissioner]  under  sub-section (2) of  section  59B,  shall  on  conviction  be
punished with imprisonment for a term which may extend to one year or with fine
5[which may extend to ten thousand rupees] or with both.]]

7[67C. Whoever,—
(a) in contravention of the provisions of section 59C, possesses, without permit,
any denatured spirituous preparation in excess of the quantity prescribed under that
section, or

(b) in contravention of the provisions of section 59D, manufacturers, sells, bottels
for sale or imports, exports or transports, any denatured spirituous preparation, or
(c) drinks any denatured spirituous preparation, 8[shall, on conviction, be punished
with imprisonment for a term which shall not be less than three years but which
may extend to five years or with fine which shall not be less than twenty-five thousand
rupees but which may extend to fifty thousand rupees or with both.]

68. Whoever,—
(a) opens, keeps or uses any place as a common driking house; or
(b) has the care, management or control of, or in any manner assists in conducting
the business, of any place opened, kept or used as a common driking house, 9[shall,
on conviction, be punished with imprisonment for a term which shall not be less
than three years but which may extend to five years or with fine which shall not be
less than twenty-five thousand rupees but which may extend to fifty thousand rupees
or with both.]

69. Whoever, in contravention of the provisions of this Act, or of any rule,
regulation or order made or licence, permit or pass granted thereunder, imports,
exports, 10[collects], transports, sells, 10[buys] or has in his possession mhowra flowers
11[ shall, on conviction, be punished with imprisonment for a term which may extend
to two years or with fine which may extend to fifty thousand rupees or with both :]
12[Provided that] no person shall be punished in respect of any mhowra flowers
which are either growing on a tree or are lying uncollected on the ground as have
fallen from a tree.

1 These words were substituted for the words “such preparation” by Bom. 36 of 1954, s. 11 (ii) (b).
2 The original section 67B was renumbered as sub section (1) of that section by Bom. 20 of 1956, s. 6(1).
3 This word was substituted for the word “Director” by Mah. 52 of 1973, s. 3, Sch.
4 Sub-section (2) was added by Bom. 20 of 1956, s. 6 (1).
5 These words were inserted by Mah. 52 of 2005, s. 9.
6 This marginal note was substituted for the original by Bom. 20 of 1956, s. 6 (2).
7 This section was inserted by Bom. 22 of 1960, s. 56.
8 This portion was substituted for the portion beginning with the words “shall, on conviction be punished” and
ending with the words “nine months and fine shall not be less than one thousand rupees” by Mah. 52 of 2005, s. 10.
9 This portion was substituted for the portion beginning with the words “shall, on conviction” and ending with

the words “one year and fine shall not be less than one thousand rupees” by Mah. 52 of 2005, s. 11.

10 This word was inserted by Bom. 26 of 1952, s. 32.
11 This portion was substituted for the portion beginning with the words “shall on conviction, be punished and”
ending with the words “nine months and fine shall not be less than one thousand rupees” by Mah. 52 of 2005,
s. 12 (a).

12 These words were substituted for the words “Provided further that” by Mah. 52 of 2005, s. 12 (a).

1949 : Bom. XXV]

Maharashtra Prohibition Act

35

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

71.

[Penalty for selling molasses at price exceeding fixed price.] Deleted by

Penalty for
illegal
import,  etc.
of  molasses.

Bom. 26 of 1952, s. 33.

2[72. Whoever, in contravention of the provisions of this Act, or of any rule,
regulation or order made, or pass granted, thereunder, removes any intoxicant, hemp,
mhowra flowers or molasses from any distillery, warehouse, godowns or other place
of storage established or licensed under this Act, shall, on conviction, be punished
with imprisonment for a term which 3[shall not be less than three years but which
may extend to five years or with fine which shall not be less than twenty-five thousand
rupees but which may extend to fifty thousand rupees or with both.]

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

(a) which 4*    *    * solicits the use of or offers any intoxicant or hemp, or
(b) which is calculated to encourage or incite any individual or class of individuals
or the public generally to commit an offence under this Act, or to commit a breach
of or to evade the provisions of, any rule, regulation or order made thereunder or of
the conditions of a licence, permit, pass or authorization granted thereunder,

shall, on conviction, be punished with imprisonment for a term which may extend
to six months or with fine which may extend to 5[five thousand rupees] or with both.
74. Whoever, in contravention of a notification issued under sub-section (3) of
section 24, circulates, distributes or sells any newspaper, news-sheet, book, leaflet,
booklet or other publication printed and published outside the 6[State] which contains
any advertisement or matter—

* solicits the use of or offers any intoxicant or hemp, 8[or].

(a) which 7*
(b) which is calculated to encourage or incite any individual or class of individuals
or the public generally to commit any offence under this Act, or to commit a breach
of or to evade the provisions of any rule regulation or order made thereunder or the
conditions of any licences, permit, pass or authorization granted thereunder,

shall, on conviction, be punished with imprisonment for a term which may extend
to six months or with fine which may extend to 9[ten thousand rupees or with both.]

Penalty for
removal of
intoxicant,
etc.

Penalty for
printing or
publishing
advertisement
in
contravention
of provisions
of  Act,  etc.

Penalty for
circulating
etc.  news
papers,  etc.
containing
advertise-
ments
regarding
intoxicants,
etc.

1 These words were substituted for the words “imprisonment for a term which may extend to six months or

with fine which may extend to one thousand rupees” by Mah. 52 of 2005, s. 13.

2 This section was substituted for the original by Bom. 22 of 1960, s. 58.
3 These words were substituted for the, words “may extend to one year or with fine which may extend to one

thousand rupees” by Mah. 52 of 2005, s. 14.

4 The word “commends” was deleted by Bom. 26 of 1952, s. 34.
5 These words were substituted for the words “five hundred rupees” by Mah. 52 of 2005, s. 15.
6 This word, was substituted for the words “pre-Reorganisation State of Bombay, excluding the transferred

territories” by Bom. 12 of 1959, s. 3.

7 The word “commends” was deleted by Bom. 26 of 1952, s. 35 (1).
8 This word was inserted by Bom. 26 of 1952, S 35 (2).
9 These words were substituted for the words “one thousand rupees” by Mah. 52 of 2005, s. 16.

H 340-6

Penalty for
inciting or
encouraging
certain  acts
1 * * * .

Penalty for
contravention
of provisions
of section
43.

Penalty for
neglect to
keep
measures,
etc.

36

Maharashtra Prohibition Act

[1949 : Bom. XXV

75. Whoever, in contravention of the provisions of this Act, or of any rule,

regulation or order made thereunder,—

*

*

*

(a) 2*    *    * solicits the use of or offers any intoxicant or hemp, or
3*
*
(c) does any act which is calculated to incite or encourage any individual or a
class of individuals or the public generally to commit an offence under this Act or
to commit a breach of any rule, regulation or order made or of conditions of a
licence, permit, pass or authorization granted thereunder,

*

*

shall, on conviction, be punished with imprisonment for a term which may extend
to six months or with fine which may extend to 4[ten thousand rupees] or with both.

5[75A. Whoever in contravention of the provisions of section 43,—
(a) drinks in a public place 6*
(b) 7* * *
(c) serves liquor at any ceremonial or other function or any assembly of persons
where persons (not being members, of his family or his employees) not holding
permits under section 40, 41, 46A or 47 are present,

*

*

shall, on conviction, be punished for every such offence with imprisonment which
may extend to six months or with fine which may extend to 8[ten thousand rupees]
or with both.].

76. Whoever, in contravention of the provisions of this Act, rule or regulation

or order or condition of any licence, permit or pass granted under this Act,—

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

(b) refuses to measure, weigh, or test any intoxicant or hemp in his possession

9[or to have it weighed measured or tested],

shall, on conviction, be punished for every such offence with fine which may

extend to 10[two thousand rupees].

Penalty for
misconduct
by licensee,
etc.

77. Whoever, being the holder of a licence, permit, pass or authorization granted
under this Act or a person in the employ of such holder or acting with his express or
implied permission on his behalf—

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

(b) wilfully does or omits to do anything in contravention of any rule, regulation

or order made under this Act, or
*

*

*

*

*

*

 *

11*
1 The words “frustrating provisions of this Act” were deleted by Bom. 26 of 1952, s. 36 (3).
2 The word “commends” was deleted by Bom. 26 of 1952, s. 36 (1).
3 Clause (b) was deleted by Bom. 26 of 1952, s. 36 (2).
4 These words were substituted for the words “one thousand rupees” by Mah. 52 of 2005, s. 17.
5 This section was inserted by Bom. 22 of 1960, s. 59.
6 These words were deleted by Mah. 52 of 2005, s. 18 (a).
7 This clause was deleted by Mah. 52 of 2005, s. 18 (b).
8 These words were substituted for the words “one thousand rupees” by Mah. 52 of 2005, s. 18 (c).
9 These words were added by Bom. 22 of 1960, s. 60.
10 These words were substituted for the words “two hundred rupees” by Mah. 52 of 2005. s. 19.
11 Clause (c) was deleted by Bom. 22 of 1960, s. 61 (a).

XLV
of
1860.

XLV
of
1860.

XLV
of
1860.

1949 : Bom. XXV]

Maharashtra Prohibition Act

37

shall, on conviction, be punished for each offence with imprisonment for a term
which may extend to 1[six] months or with fine which may extend to 2[five thousand
rupees] or with both.

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

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

(b) sells or keeps or exposes for sale as foreign liquor, which liquor he knows or

has reason to believe to be country liquor, or

(c) marks the cork of any bottle, or any bottle, case, package or other receptacle
containing country  liquor, or uses any  bottle, case, package or  other receptacle
containing country liquor, with any mark thereon or on the cork thereof with the
intention of causing it to be believed that such bottle, case, package or other receptacle
contains foreign liquor, when such act shall not amount to an offence of using a
false trade mark with intent to deceive or injure any person under section 482 of the
Indian Penal Code, or

(d) sells any intoxicant which is not of the nature, substance and quality or other
receptacle, with any mark thereon or on the cork thereof with the intention of causing
it to be believed, that such bottle, case, package or other receptacle contains foreign
liquor, when such act shall not amount to the offence of selling goods marked with
a counterfeit trade mark under section 486 of the Indian Penal Code, or

(e) sells any intoxicant which is not of the nature, substance and quality  demanded
by the purchaser or keeps or exposes for sale any intoxicant which is not of the
nature, substance and quality authorised by the terms of the licence to be kept for
sale by the holder of the licence,

shall, on conviction, be punished for each such offence with imprisonment for a
term which may extend to 3[one year and with fine which may extend to ten thousand
rupees].

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

4*  *  *
1 This word was substituted for the word “three” by Bom. 22 of 1960, s. 61 (b).
2 These words were substituted for the words “five hundred rupees” by Mah. 52 of 2005, s. 20.
3 There words were substituted for the words “six months and with fine which may extend to one thousand

rupees” by Mah. 52 of 2005, s. 21.

4 This proviso was deleted by Mah. 52 of 2005, s. 22.

Penalty for
misconduct
by licenced
vendor or
manufacturer.

Liability of
licensee  for
acts  of
servants.

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

Penalty for
attempt  or
abetment.

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

Penalty for
conspiracy.

Penalty for
being found
drunk in any
drinking
house.

Penalty for
being drunk
and for
disorderly
behaviour.

38

Maharashtra Prohibition Act

[1949 : Bom. XXV

80.

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

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

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

82.

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

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

83. When two or more persons agree—
(a) to commit or cause to be committed any offence under this Act, or
(b) 2*       *       *
pass or authorization,

* to commit a breach or a condition of a licence, permit,

each of such persons shall, on conviction, be punished with 3[imprisonment for a
term which shall not be less than three years but which may extend to five years or
with fine which shall not be less than twenty-five thousand rupees but which may
extend to fifty thousand rupees] or with both.

84. Whoever is found drunk or drinking in a common drinking house or is
found there present for the purpose of drinking shall, on conviction, be punished
with  fine  which may  extend  to 4[five  thousand  rupees].  Any  person  found  in  a
common drinking house during any drinking therein shall be presumed, until the
contrary is proved, to have been there for the purpose of drinking.

85.

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

(a) for a first offence, with rigorous imprisonment for a term which may extend

to six months and with fine which may extend to 6[ten thousand rupees] :
1 These words were substituted for the words “five hundred rupees” by Mah. 52 of 2005, s. 23.
2 The words “to defeat or frustrate the provisions of this Act, rule, regulation or order, or” were deleted by

Bom. 26 of 1952, s. 37.

3 These words were substituted for the words “imprisonement for a period which may extend to two years or

with fine which may extend to one thousand rupees” by Mah. 52 of 2005, s. 24.

4 These words were substituted for the words “five hundred rupees” by Mah. 52 of 2005, s. 25.
5 Sub-section (1) was substituted by Mah. 33 of 1972, s. 2.
6 These words were substituted for the words “one thousand rupees” by Mah. 52 of 2005, s. 26 (a) (i).

1949 : Bom. XXV]

Maharashtra Prohibition Act

39

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 1[five  thousand rupees];  and

(b) for  a  subsequent  offence,  with  rigorous  imprisonment  for  a  term  which

may  extend  to one  year  and  also  with  a fine  of 2[ten  thousand  rupees]:

Provided that, in the absence of special and adequate reasons to the contrary
to be mentioned in the judgment of the Court, such imprisonment shall not be less
than  six  months  and  fine  shall  not  be  less  than 3[seven  thousand  five  hundred
rupees].

4[(2) In prosecution for an offence under sub-section (1), it shall be presumed
until the contrary is proved that the person accused of the said offence has drunk
liquor or consumed any other intoxicant for the purpose of being intoxicated and
not for a medicinal purpose.]

86.

(1) Whoever, being the owner or occupier or having the use or care or
management  or  control  of  any  place,  knowingly  permits  it  to  be  used  for  the
purpose of the commission by any other person of any offence punishable under
this Act, shall, on conviction, be punished with imprisonment for a term which
may  extend  to  six  months  or  with  fine  which  may  extend  to 5[ten  thousand
rupees] or with both;

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

Provided that, in the absence of special and adequate reasons to the contrary
to  be mentioned in the judgment of the Court, the imprisonment shall not be less
than three  months and  fine shall  not be  less than 6[five thousand  rupees].

7[(2) Any owner who has leased out his premises to be used by other person
under  any  agreement  shall  not  be  held  responsible  for  an  offence  under  sub-
section (1) committed by the tenant in the premises in his possession, unless it
is proved that the owner is actively involved in the commission of such offence.]

87. A  chemist,  druggist,  apothecary  or  keeper  of  a  dispensary  who  allows
any  liquor,  which  has  not  been bona  fide medicated  for  medicinal  purposes
according  to  the  prescription  of  a 8[registered  medical  practitioner]  or  any
intoxicating drug to be consumed on his business premises by any person, shall,
on conviction, be punished with imprisonment for a term which may extend to
six months, or with fine which may extend to 9[ten thousand rupees] or with both.

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

1 These words were substituted for the words “five hundred rupees” by Mah. 52 of 2005, s. 26 (a) (i).
2 These words were substituted for the words “one thousand rupees” by Mah. 52 of 2005, s. 26 (b) (i).
3 These words were substituted for the words “one thousand rupees” by Mah. 52 of 2005, s. 26 (b) (ii).
4 Sub-section (2) was added by Bom. 26 of 1952, s. 38.
5 These words were substituted for the words “one thousand rupees” by Mah. 52 of 2005, s. 27 (a) (i).
6 These words were substituted for the words “five hundred rupees”  by Mah. 52 of 2005, s. 27 (a).
7 Sub-section (2) was substituted by Mah. 52 of 2005, s. 27 (b).
8 These words were substituted for the words “medical practitioner” by Bom. 12 of 1959, s. 10.
9 These words were substituted for the words “one thousand rupees” by Mah. 52 of 2005, s. 28.

Penalty for
issuing false
prescriptions.

Penalty for
maliciously
giving false
information.

Penalty for
offences not
otherwise
provided for.

Demand for
security for
abstaining
from
commission
of  certain
offences.

Demand of
security for
good
behaviour.

40

Maharashtra Prohibition Act

[1949 : Bom. XXV

88.

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

89. Any person who maliciously and falsely gives information to any person
exercising powers under this Act leading to a search, seizure, detention or arrest
shall, on conviction, be punished with imprisonment for a term which may extend
to six months or with fine which may extend to 3[ten thousand rupees] or with both.
90. Whoever is guilty of any wilful act or intentional omission in contravention
of the provisions of this Act, or any rule, regulation, or order thereunder or of any
licence, permit, pass or authorization granted under this Act, and if such act or
omission is not otherwise made an offence under this Act shall, on conviction, be
punished with the imprisonment for a term which may extend to six months or with
fine which may extend to 4[five thousand rupees] or with both.

91.

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

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

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

void.
92.
93.

[Release of offenders on bond.] Deleted by Bom. 67 of 1953, s. 2.
(1) Whenever a 5[Presidency Magistrate specially empowered by the State
Government in this behalf in £Greater Bombay and elsewhere, a District Magistrate
or Sub-Divisional Magistrate] receives information that any person within the local
limits of his jurisdiction habitually commits or attempts to commit or abets the
commission of any offence punishable under this Act such Magistrate may require
such person to show cause why he should not be ordered to execute a bond, with
sureties, for his good behaviour for such period not exceeding three years as the
Magistrate may direct.

1 These words were substituted for the words “medical practitioner” by Bom. 12 of 1959, s. 10.
2 These words were substituted for the words “one thousand rupees” by Mah. 52 of 2005, s. 29.
3 These words were substituted for the words “one thousand rupees” by Mah. 52 of 2005, s. 30.
4 These words were substituted for the words “five hundred rupees” by Mah. 52 of 2005, s. 31.
5 These words were substituted for the original by Bom. 21 of 1954, s. 3, Second Sch.
* See now the Code of Criminal Procedure, 1973 (2 of 1974).
£ The name of this City is restored as “Brihan Mumbai” vide Mah. 25 of 1996, s. 3.

V  of
1898.

1949 : Bom. XXV]

Maharashtra Prohibition Act

41

V  of
1898.

(2) The provisions of the Code of Criminal Procedure, 1898, *shall in so far
as  they  are  applicable  apply  to  any  proceedings  under  sub-section (1) as  if  the
bond referred to therein were a bond required to be executed under section 110
of  the  said  Code.

94.

If any person in respect of whom a bond is ordered to be executed under

1[sections  91  and  93]  is  a  minor, the  bond  shall  be  executed  by  his  guardian.

95. Any officer or  person exercising powers under  this Act who—

(a) maliciously enters or searches or causes to be entered or searched, any

building or house or similar dwelling place; or

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

(c) vexatiously and unnecessarily detains, searches or arrests any person, or
(d) in any  other way maliciously exceeds  or abuses his  lawful powers,
shall, on conviction, be punished with imprisonment for a term which may
extend to one year or with fine which may extend to 2[ten thousand rupees] or
with both.
3[96. Any officer or person exercising powers under this Act who vaxatiously
and unnecessarily delays forwarding to a Magistrate or to the officer-in-charge of
the  nearest  police  station  as  required  by  the  provisions  of  this  Act  any  person
arrested  or  article  seized  under  this  Act  shall,  on  conviction,  be  punished  with
imprisonment for a term which may extend to one year or with fine which may
extend to 4[ten thousand  rupees] or  with both.]

97. Any officer or  person exercising power under  this Act, who—
(a) unlawfully releases any person arrested under this Act, or
(b) abets  the escape  of any  person  arrested under  this Act,  or
(c) abets  the  commission  of  any  offence  against  this  Act,  and  any  other
officer of the 5[Government] or of a local authority who abets the commission
of any  offence against  this Act,

6[shall, on conviction, be punished,—
(i) if such act is done intentionally, with inprisonment for a term which may
extend to thirty months or with fine which may extend to twenty-five thousand
rupees or with  both; or

(ii) if such act is done negligently, with imprisonment for a term which may
extend to two years or with fine which may extend to ten thousand rupees or
with both.]
* See now the Code of Criminal Procedure, 1973 (2 of 1974).
1 These words were substituted for the words “the last three preceding sections” by Bom. 67 of 1953, s. 3.
2 These words were substituted for the words “one thousand rupees” by Mah. 52 of 2005, s. 32.
3 This section was substituted for the original by Bom. 22 of 1960, s. 62.
4 These words were substituted for the words “one thousand rupees” by Mah. 52 of 2005, s. 33.
5 This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
6 This portion was substituted for the portion beginning with the words “shall, on conviction” and ending with

the words “or with both” by Mah. 52 of 2005, s. 34.

Execution of
bonds in
respect  of
minors.

Punishment
for vexatious
search,
seizure  or
arrest.

Punishment
for vexatious
delay.

Punishment
for abetment
for  escape  of
persons
arrested.

42

Maharashtra Prohibition Act

[1949 : Bom. XXV

Things
liable  to
confiscation.

98.

(1) Whenever any offence punishable under this Act has been committed—
(a) any intoxicant, hemp, mhowra flowers, molasses, materials, still, utensil,

implement or apparatus in respect of which the offence has been committed,

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

(c) where in the case of an offence of illegal import, export or transport, the
offender  has  attempted  to  import,  export  or  transport  any  intoxicant,  hemp,
mhowra flowers or molasses, in contravention of the provisions of this Act, rule,
regulation  or  order  or  in  breach  of  a  condition  of  a  licence,  permit,  pass  or
authorization, the whole quantity of such intoxicant, hemp, mhowra flowers or
molasses which he has attempted to import, export or transport,

(d) where in the case of an offence of illegal sale, the offender has in his
lawful possession any intoxicant, hemp, mhowra flowers or molasses other than
that in respect of which an offence has been committed, the whole of such other
intoxicant, hemp, mhowra flowers or molasses,
shall be confiscated by the order of the Court.

(2) Any receptacle, package or covering in which any of the articles liable to
confiscation under sub-section (1) is found and the other contents of such receptacle,
package or covering and the animals carts, vessels or other conveyances used in
carrying any such article shall like-wise be liable to confiscation by the order of the
Court.

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

Provided  that  no  animals,  cart,  vessel,  vehicle  or  other  conveyance  shall  be
confiscated if the owner thereof satisfies the Court that he had exercised due care in
preventing the commission of the offence.

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

Provided that no such order shall be made before the expiry of one month from
the date of seizure, or without hearing 3[the person, if any, claiming any right thereto]
and the evidence, if any, which he produces in support of his claim.

1 This word was substituted for the word “Director” by Mah. 52 of 1973, s. 3, Sch.
2 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3 These words were substituted for the words “any person who can claim any right thereto” by Bom. 22 of

1960, s. 63.

Return of
things
liable  to
confiscation
to bona fide
owners.

Procedure in
confiscation.

1949 : Bom. XXV]

Maharashtra Prohibition Act

43

101.

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

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

102.

(1) Where any newspaper, news-sheet, book, leaflet or other publication
wherever printed or published appears to the 3[State] Government to contain any
advertisement or matter 5* soliciting the use of, or offering any intoxicant or hemp,
the 3[State] Government may, by notification in the Official Gazette, declare every
copy of such newspaper, news-sheet, book, leaflet, booklet or other publication
whether printed or published in the 6[State] or outside to be forfeited to 7[the State
Government], and thereupon any Police Officer may seize the same wherever found
in the 3[State]. Any Magistrate may by warrant authorize any Police Officer not
below the rank of Sub-Inspector to enter upon and search for the same in any premises
where any copy of such issue or any such newspaper, news-sheet, book, leaflet,
booklet or other publication may be or may be reasonably suspected to be. Every
warrant issued under this section shall be executed in the manner provided for the
execution of search warrants under the Code of Criminal Procedure, 1898*.

(2) The declaration of the 3[State] Government under this section shall be final

and shall not be questioned in any Civil or Criminal Court.

V  of
1998.

103.

(i) In prosecutions under any of the provisions of this Act, it shall be
presumed without further evidence until the contrary is proved, that the accused
person has, committted an offence under this Act in respect of any intoxicant, hemp,
mhowra flowers or molasses or any still, utensil, implement or apparatus, whatsoever,
for the manufacture of any intoxicant 9 *

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

*

*

Power  of
Collector,
etc.  to  order
sale  or
destruction
of  articles
liable  to
confiscation.

Forfeiture
of any
publication
containing
advrtisement
or  matter
8[soliciting]
use  of
intoxicants.

Presumption
as  to
commission
of offences
in  certain
cases.

* *

*

11*
103A.

[Report of certain registered medical officers as evidence]. Deleted by

Bom. 12 of 1959, s. 12.

1 This word was substituted for the word “Director” by Mah. 52 of 1973, s. 3, Sch.
2 This word was substituted for the word “Magistrate” by Bom. 21 of 1954, s. 3, Second Schdule.
3 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4 This proviso was substituted for the original by Bom. 22 of 1960, s. 64.
5 The word “commending” was deleted by Bom. 26 of 1952, s. 39.
6 This word was substituted for the words “pre Reorganisation State of Bombay, excluding the transferred

territories” by Bom. 12 of 1959, s. 3.

7 These words were substituted for the words “His Majesty” by the Adaptation of Laws Order, 1950.
8 This word was substituted for the word “commending” by Bom. 26 of 1952, s. 39.
9 The  words  “as  are  ordinarily  used  in  the  manufacture  of  such  intoxicant”  were  deleted  by  Bom.  22  of

1960, s. 65 (a).

10 These words were inserted by Bom. 20 of 1955, s. 8.
11 Sub-section (2) was deleted by Bom. 22 of 1960, s. 65 (b).
* See now the Code of Criminal Procedure, 1973 (2 of 1974).

H 340-7

Compounding
of offences.

44

Maharashtra Prohibition Act

[1949 : Bom. XXV

104.

(1) The 1[State] Government may sanction the acceptance from any person
whose licence, permit, pass or authorization is liable to be cancelled or suspended
under the 2[provisions of sections 54 and 56] or who is reasonably suspected of
having committed an offence under sections 3[4[67A, 67B, 69, 73, 74, 76], 77, 82
or] 108, of a sum of money in lieu of such cancellation or suspension or by way of
composition for the offence which may have been committed, as the case may be;
and in all cases in which any property other than the intoxicant, hemp, mhowra
flowers or molasses has been seized as liable to confiscation under this Act may
release  the  same  on  payment  of  the  value  thereof  as  estimated  by  the 1[State]
Government or such officer as the 1[State] Government may authorize in this behalf :
Provided that where a person who is reasonably suspected of having committed
an offence under sections 3[69, 70 or] 108 is not the holder of a licence, permit, pass
or authorization granted under this Act or a person in the employ of such holder, or
a person acting with his express or implied permission, on his behalf, the sum of
money which may be accepted from such person by way of composition shall not
exceed five hundred rupees :

5[Provided further that, in the case of a person who is reasonably suspected of
having committed an offence under section 108 for not more than three occasions,
the sum of money which shall be accepted from him by way of composition for the
offence, shall,—

(a) for the first offence, be an amount equal to three times the duty or fee

evaded by him;

evaded by him; and

(b) for the second offence, be an amount equal to four times the duty or fee

(c) for the third offence, be an amount equal to five times the duty or fee

evaded by him;

Provided also that, sum money which may be accepted by way of composition
for the offence under the second proviso shall be in addition to the duty or fee to
be paid by him under this Act.]
(2) On the payment by such person of such sum of money, or such value or both
as the case may be, such person, if in custody, shall be set at liberty and the property
seized may be released and if any proceedings shall have been instituted against
such person in any Criminal Court, the composition shall be held to amount to an
acquittal and in no case shall any further proceedings be taken against such person
or property with reference to the same facts.

6[104A. Nothing in the Bombay Probation of Offenders Act, 1938, or 7[in any
law corresponding to that Act in force in any part of the State or in the Probation of
Offenders Act, 1958, where that Act is brought into force in any part of the State, or
in] section 562 of the *Code of Criminal Procedure, 1898, shall apply to any person
convicted of any offence under this Act.]

Bom.
XIX
of
1938.

XX  of
1958.
V  of
1898

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 These words and figures were substituted for the words “provisions of this Act” by Mah. 52 of 2005, s. 35 (1).
3 These figures and word were inserted by Bom. 26 of 1952, s. 40.
4 These figures and letter were substituted for the figures “69, 70” by Mah. 52 of 2005, s. 35 (b).
5 This proviso was substituted by Mah. 52 of 2005, s. 35 (c).
6 Section 104A was inserted by Bom. 67 of 1953, s. 4.
7 These words and figures were inserted by Bom. 12 of 1959, s. 13.
* See now the Code of Criminal Procedure, 1973 (2 of 1974).

Bombay
Probation of
Offenders
Act, 1938,
and section
562 of Code
of Criminal
Procedure,
1898, not
to apply to
persons
convicted of
offence under
this  Act.

1949 : Bom. XXV]

Maharashtra Prohibition Act

45

CHAPTER VIII.

Excise Duties.

105.

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

Excise
duties.

(a) any alcoholic liquor for human consumption,

(b) any intoxicating drug 3[or hemp]:

4[(c) opium,]

(d) any other excisable article,

XXX-
II  of
1934.
VIII
of
1878.

when imported, exported, transported, possessed, manufactured or sold 5[in

or from  the 6[State],  as the  case may  be]:

Provided that duty shall not be so imposed on any article which has been
imported  into 7[the  territory  of  India]  and  was  liable  on  such  importation  to
duty under the Indian Tariff Act, 1934, or the Sea Customs Act, 1878* 8[or on
any medicinal or toilet preparation containing alcohol, opium, hemp or other
narcotic drugs or narcotics.]

9[Explanation.—Duty may be imposed under this section at different rates,—

(i) according to the places to which an excisable article is to be removed

for consumption; or

(ii) according to the varying strength or quality of such article; or

(iii) according to the manufacturing cost of the excisable article, declared
in writing, by the manufacturer or the exporter to the State, to the prescribed
authority and authenticated by that authority.]

10

*

*

*

*

*

1 Section 105 was renumbered as sub-section (1) by the Adaptation of Laws Order, 1950.
2 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3 These words were added by Bom. 22 of 1960, s. 67 (a).
4 This clause was substituted for the original by Bom. 22 of 1960,  s. 67 (b).
5 These words were substituted for the words and figures “in accordance with the provisions contained in

Chapter IV of this Act” by Bom. 16 of 1952, s. 41.

6 This word was substituted for the words “pre-Reorganisation State of Bombay, excluding the transferred

territories” by Bom. 12 of 1959, s. 3.

7 These words were substituted for the words “the Dominion of India” by the Adaptation of Laws Order,

1950.

* See now the Customs Act, 1962 (52 of 1962).
8 These words were added by Bom. 22 of 1960, s. 67(c).
9 Explanation was substituted by Mah. 9 of 1997, s. 2.
10 Sub-section (2) was deleted by Bom. 12 of 1959, s. 14.

46

Maharashtra Prohibition Act

[1949 : Bom. XXV

Manner of
levying
excise
duties.

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

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

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

or territory of export at the time of its export, or

(ii) by payment upon issue for sale from a warehouse established or licensed

under the provisions of this Act;

(b) in the case of an excisable article exported by payment in the 2[State] at

the time of its export, or in the 3[State] or territory of import;

(c) in the case of excisable articles transported—

(i) by payment in the district from which they are transported, or

(ii) by payment upon issue for sale from a warehouse established or licensed

under the provisions of this Act;

(d) in the case of spirit or beer manufactured in any distillery established or

any distillery or brewery licensed under this Act—

(i) by a rate charged upon the quantity produced in or issued from the distillery
or brewery, as the case may be, or issued from a warehouse established or licensed
under this Act, or

(ii) by rate charged in accordance with such, 4[scale of equivalents] calculated
on the quantity of materials used or by the degree or attenuation of the wash or
wort, as the case may be, as the 5[State] Government may prescribe;

(e) in the case of intoxicating drugs manufactured 6[in the 5[State]] by payment
upon  the  quantity  produced  or  manufactured  or  issued  from  a  warehouse
established or licensed under this Act :

Provided that where payment is made upon issue for sale from a warehouse
established or licensed under this Act, such payment shall be at the rate of the
duty in force at the date of issue from the warehouse :

Provided further that where one and the same person is permitted—

(i) to manufacture or import and to sell, or

(ii) to manufacture and export, country liquor or any intoxicant, such duty
may be levied in consideration of the joint privileges granted, as the Collector
deems fit.

1 This word was substituted for the word “Director” by Mah. 52 of 1973, s. 3, Sch.
2 This word was substituted for the words “pre-Reorganisation State of Bombay, excluding the transferred

territories” by Bom. 12 of 1959, s. 15.

3 This word was substituted for the word “Province” by the Adaptation of Laws Order, 1950.
4 These words were substituted for the words “sale of equivalents” by Bom. 22 of 1960, s. 68.
5 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
6 These words were substituted for the words “in pursuance of a licence granted under this Act” by Bom. 26 of

1959, s. 42.

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

Power  to
obtain
information
and to
search and
seize
excisable
articles.

1949 : Bom. XXV]

Maharashtra Prohibition Act

47

107.
1960,  s.  69.

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

1[107A. Every  person  who  imports  or  manufactures  any  of  the  articles

mentioned in section 24A shall—

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

(b) maintain accounts of the articles in such form and submit such returns

as may  be prescribed.

107B.

(1) The Collector or any officer empowered by the State Government

in this  behalf may,  subject to  such conditions  as may  be prescribed,—

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

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

(c) for  reasons  to  be  recorded  in  writing,  enter  any  such  place  where  he
knows or has reason to believe that any excisable article in respect of which
such duty or fee has not been paid is being imported or manufactured or stored
and search for the same and seize any stocks of such article found therein and
detain  the  same  until  such  time  as  proof  of  payment  of  such  duty  or  fee  is
produced  or  such  further  time  as  may  be  necessary  for  taking  action  under
sections  98,  99 or  100  or  for prosecuting  for  an  offence under  section  108.

(2) Whoever—

(a) fails  to  furnish  any  information  or  produce  any  accounts  or  other
documents in compliance with an order made under clause (a) of sub-section (1)
or 2[furnishes false information or produces false accounts or documents, or]

(b) obstructs any officer making an inspection, entry, a search or a seizure

under clause (b) or clause (c) of sub-section (1),

shall, on conviction, be punished with imprisonment for a term which may
extend to six months or with fine which may extend to one thousand rupees
or with both.]

1 Sections 107A and 107B were inserted by Bom. 26 of 1952, s. 44.
2 These words were added by Bom. 22 of 1960, s. 70.

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

Duty on
tapping of
toddy trees.

Duty by
whom
payable.

Owner  of
trees  entitled
to  assistance
for duty
paid.
Privilege of
drawing
toddy from
trees
belonging to
Government.

Recovery of
duties,  etc.

48

Maharashtra Prohibition Act

[1949 : Bom. XXV

1[108. Whoever, holding a licence, permit, pass or authorization under this Act,
imports, exports, transports, possesses, sells or manufactures any intoxicant without
payment of duty or fee provided for under this Act shall, on conviction, in addition
to the duty or fee required to be paid by him under this Act, be punished,—

(a) for the first offence, with imprisonment for a term which may extend to
one year and with fine which shall not be less than three times of the amount of
the duty or fee evaded by him;

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

(c) for the third or subsequent offence, with imprisonment for a term which
may extend to two years and with fine which shall not be less than five times of
the amount of the duty or fee evaded by him].
109.

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

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

(a) the number, description and situation of the trees to be tapped,
(b) the amount of duty to be levied in respect of each tree,
(c) the instalments, if any, in which and the period at which the said duty

shall be leviable.
110. The duty on toddy producing trees shall be leviable primarily from the
person holding the licence 5[to tap them and to draw toddy therefrom] and in default
by him or if the trees are tapped without licence, from the owner of the trees.

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

112. The privilege of drawing toddy from trees the right to which vests in the
3[State] Government may be disposed of 6* by auction or otherwise on such terms
as the Collector deems fit.

113.
7[114.

[Rules for levy of duty on opium, etc.] Deleted by Bom. 22 of 1960, s. 74.
(1) All duties, taxes, fines (except fines imposed by a Court) and fees
leviable under any of the provisions of this Act or in respect of any licence, permit,
pass or authorisation granted under it and the cost of the supervising staff appointed
under section 58A 8[if not paid within the due date or the prescribed period, shall be
recovered from any person liable to pay the same or from his surety, if any, with
simple interest at the rate of 2 per cent. per month, from the date it has become due,
as if they were arrears of land revenue].

1 Section 108 was substituted by Mah. 52 of 2005, s. 36.
2 These words substituted for the words “from which toddy is drawn” by Bom. 22 of 1960, s. 71 (a).
3 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4 These words were substituted for the words “for drawing toddy” by Bom. 22 of 1960, s. 71 (b).
5 These words were substituted for the words “to draw toddy” by Bom. 22 of 1960, s. 72.
6 The word “annually” was deleted by Bom. 22 of 1960, s. 73.
7 This section was substituted for the original by Bom. 22 of 1960, s. 75.
8 This portion was substituted for the portion beginning with the words “may be recovered from any person”

and ending with the words “arrears of land revenue” by Mah. 18 of 1998, s. 2.

1949 : Bom. XXV]

Maharashtra Prohibition Act

49

(2) When any person, in compliance with any rule, regulation or order made
under this Act, gives a bond (other than a bond under section 91 or 93) for the
performance of an act, or for his abstention, from any act, such performance or
abstention shall be deemed to be a public duty within the meaning of section 74 of
the Indian Contract Act, 1872; and upon breach of the conditions of such bond by
him, the whole sum named therein as the amount to be paid in case of such breach
may be recovered from him or from his surety (if any) as if it were an arrear of land
revenue.]

XI  of
1872.

–––––––––––

CHAPTER IX.

Powers and duties of officers and procedure.

V  of
1898.

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

V  of
1898.

116.

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

2[116A.

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

(2) Every Magistrate, who tenders a pardon under sub-section (1), shall record

his reasons for so doing.

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

V  of
1898.*

(4) The provisions of sections 339 and 339A of the Code of Criminal Procedure,
1898*, shall apply to the trial of a person to whom pardon has been tendered under
this section as they apply to a person to whom pardon has been tendered under
section 337 or section 338 of that Code.

Explanation.—For the purposes of sub-section (4), the reference to the Public
Prosecutor, in section 339 of the said Code shall include a reference to any officer
conducting a prosecution under this Act.]

1 This section was substituted for the original by Bom. 22 of 1960, s. 76.
2 This section was inserted by Bom. 22 of 1960, s. 77.
* See now the Code of Criminal Procedure, 1973 (2 of 1974).

Magistrate’s
power to
impose
enhanced
penalties.

Procedure
to  be
followed by
Magistrates.

Tender of
pardon to
accomplice.

50

Maharashtra Prohibition Act

[1949 : Bom. XXV

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

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

Provided that 1*

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

*

*

V  of
1898.

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

Certain
offences to
be non-
bailable.

Power  of
entry and
inspection.

2[118.

In the absence of any provision to the contrary in this Act, the provisions
of the Code of Criminal Procedure, 1898* with respect to cognizable offences shall
apply to offences under this Act.

V  of
1898.

119. Offences under 3[sections 65, 67, 67A, 67C, 68, 70, 72, and 83] shall be

non-bailable].

4[120. The 5[Commissioner],  Collector  or  any  Prohibition  Officer  duly

empowered in this behalf by the State Government, or any Police Officer may—

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

(b) in case of resistance break open any door and remove any other obstacles
to the entry into any such warehouse, godown, shop, premises, house, building,
vessel, vehicle or enclosed place;

(c) seize any intoxicant, hemp, mhowra flowers, or molasses and any material
used in the manufacture of any intoxicant and any still, utensil, implement, or
apparatus and any other thing which he has reason to believe to be liable to
confiscation under this Act and any document or other article which he has reason
to believe may furnish evidence of the commission of any offence under this
Act; and

(d) detain and search and if he thinks proper arrest any person whom he has

reason to believe to be guilty of any offence under this Act.]

* See now the Code of Criminal Procedure, 1973 (2 of 1974).
1 The portion beginning with the words “in any local area” and ending with the words “State Government”

was deleted by Bom. 26 of 1952, s. 46.

2 Sections 118 and 119 were substituted for the original by Bom. 22 of 1960, s. 78.
3 These figures, letters and word were substituted for the words, figure and letter “sections 65, 67, 67A and

68” by Mah. 52 of 2005, s. 37.

4 This section was substituted for the original by Bom. 22 of 1960, s. 79.
5 This word was substituted for the word “Director” by Mah. 52 of 1973, s. 3, Sch.

Power  to
open
packages,
etc.

Power  to
require
production
of  licences.

1949 : Bom. XXV]

Maharashtra Prohibition Act

51

121.

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

(2) The  unloading  and  carrying  of  goods,  the  bringing  of  them  to  the  place
appointed under sub-section (3) for examination, the opening and repacking of them,
where such operations 4[are necessary for searches made] under this section and the
removing of goods to and placing of them in the place appointed under sub-section
(3) 5[for examination or deposit] shall be performed by or at the expenses of the
owner of such goods.

(3) The owner of goods or the persons incharge of the goods shall, if so required
by any officer conducting the search, take the goods 6[to a place appointed in £Greater
Bombay by the Commissioner of Police, Bombay and elsewhere, by the District
Magistrate] for the purpose of examination or deposit.

7[(4) The expenses incurred by the State Government for any of the purposes
mentioned in sub-section (2) may be recovered from the owner, or as the case may
be, the person-in-charge, of the goods as arrears of land revenue.]

8[l22.

(1) The 9[Commissioner] or Collector or any Prohibition Officer duly

empowered in this behalf by the State Government or any Police Officer may—

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

(b) enter and inspect, at any time by day or by night, any land on which toddy-
producing trees are growing, whether such trees are licensed for tapping or not,
and any warehouse, godown, shop or premises in which any licensed manufacturer
or vendor manufactures, stores, or sells any intoxicant, hemp, mhowra flowers
or molasses and examine, test, measure or weight any stock of any such articles
or cause any such stock to be examined, tested, measured or weighed.
(2) If any officer mentioned in sub-section (1) finds that the holder of a licence,
permit, pass or authorization issued under this Act, or a person in the employ of
such holder or acting with his express or implied permission on his behalf wilfully
does or omits to do anything, which is an offence under this Act, such officer may
seize any intoxicant, hemp, mhowra flowers or molasses or any material or article
in respect of which the offence is committed any document or other article which he
has reason to believe may furnish evidence of the commission of an offence under
this Act and send a report to his official superior for such action as he deems fit].

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 These words were substituted for the words “stop search” by Bom. 22 of I960, s. 80 (a).
3 These words were added by Bom. 26 of 1952, s. 47.
4 These words were substituted for words “are necessary to be made” by Bom. 22 of 1960, s. 80 (b) (i).
5 These words were substituted for the word “for deposit” by Bom. 22 of 1960, s. 80 (b) (ii).
6 These  words  were  substituted  for  the  words  “to  a  place  appointed  by  the  District  Magistrate,  or  the

Commissioner of Police, Bombay,” by Bom. 22 of 1960, s. 80 (c).

7 This sub-section was substituted for the original by Bom. 22 of 1960, s. 80 (d).
8 This section was substituted for the original by Bom. 22 of 1960, s. 81.
9 This word was substituted for the word “Director” by Mah. 52 of 1973, s. 3, Sch.
£ The name of this City has been restored as “Brihan Mumbai” by Mah. 25 of 1996, s. 3, Sch.

H 340-8

Arrest  of
offenders
and seizure
of
contraband
articles.

Power  to
obtain
information.

Power  to
seize
introxicants,
etc.

Arrest
without
warrant.

52

Maharashtra Prohibition Act

[1949 : Bom. XXV

123.

(1) Any Prohibition Officer authorised by the 1[State] Government in this

behalf or any Police Officer may—

(a) arrest without warrant any person whom he has reason to believe to be

guilty of an offence under this Act;

(b) seize and detain any intoxicant, hemp, mhowra flowers or molasses or
other articles which he has reason to believe to be liable to confiscation or forfeiture
under this Act 2[and seize any document or other article which he has reason to
believe may furnish evidence of commission of any offence under this Act].
(2) Any Prohibition Officer authorized by the 1[State] Government under this
section who arrests any person under clause (a), or seizes and detains any article
under clause (b), of sub-section (1) shall forward such person or article, as the case
may be, without unnecessary delay to the officer-in-charge of the nearest Police
Station.
124.

(1) The 3[Commissioner] or Collector or any Prohibition Officer specially
empowered in this behalf by the 1[State] Government or a Police Officer may, by
order require any person to furnish to any specified authority or person any such
information in his possession concerning any intoxicant, hemp, mhowra flowers or
molasses as may be specified in the order.

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

125. The 3[Commissioner]  or  Collector  or  any  Prohibition  Officer  duly

empowered in this behalf or any Police Officer may—

(a) seize in any open place, or in transit any intoxicant, hemp, mohwra flowers
or molasses or any other thing which he has reason to believe to be liable to
4[confiscation or forfeiture] under this Act or any other law for the time being in
force relating to excise revenue 5[and any document or other article which he has
reason to believe may furnish evidence of the commission of any offence under
this Act];

(b) detain and search any person whom he has reason to believe to be guilty
of any offence under this Act or any other law for the time being in force relating
to excise revenue, and if such person has any intoxicant, hemp, mhowra flowers,
molasses or 6[other thing] in his possession, arrest him.
126. The 3[Commissioner]  or  Collector  or  any  Prohibition  Officer  duly
empowered in this behalf by the 1[State] Government or any Police Officer may
arrest without an order from a Magistrate and without warrant any person who
obstructs him in the execution of his duties under this Act or who has escaped or
attempts to escape from custody in which he has been or is lawfully detained under
this Act.

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 These words were added by Bom. 22 of 1960, s. 82.
3 This word was substituted for the word “Director” by Mah. 52 of 1973, s. 3 Sch.
4 These words were substituted for the word “confiscation” by Bom. 22 of 1960, s. 83 (a).
5 These words were added by Bom. 22 of 1960, s. 83 (a).
6 These words were substituted for the words “any other thing” by Bom. 22 of 1960, s. 83 (b).

1949 : Bom. XXV]

Maharashtra Prohibition Act

53

127.

(1) When  any  person  who  in  the  presence  of  the 1[Commissioner],
Collector or any Prohibition Officer not below such rank as the 2[State] Government
may determine, has committed or has been accused of committing an offence under
this Act, refuses on demand of such officer to give his name and residence or gives
a name and residence which such officer has reason to believe to be false, he may
be arrested by such officer, in order that his name or residence may be ascertained.
(2) When the true name and residence of such person have been ascertained, he
shall be released on his executing a bond with or without sureties, to appear before
3[a Magistrate having jurisdiction] when so required :

Provided that if such person is not resident in 4[India], the bond shall be secured,

by a surety or sureties residing in 4[India]

(3) If the true name and residence of such person is not ascertained within twenty-
four hours from the time of the arrest, or if he fails to execute the bond, or if so
required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest
Magistrate having jurisdiction.

128.

(1) The 1[Commissioner],  Collector  or  any  Prohibition  Officer  duly
empowered in this behalf 5[or in £Greater Bombay, a Deputy Commissioner of
Police or 6[an Assistant Commissioner of Police]] in charge of a Division, or a
Magistrate or 7[a Superintendent of Police] or an Assistant or Deputy Superintendent
of Police specially empowered by the 2[State] Government in this behalf may issue
a warrant—

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

(b) for  the search  whether by  day or  by night  of any  building, vehicle  or
place in which he has reason to believe that any intoxicant, hemp, 8*mhowra
flowers or molasses are manufactured or sold or stored or that any toddy is drawn
contrary to the provisions of this Act or that any intoxicant, hemp 9[mhowra
flowers, molasses] or other thing liable to confiscation or forfeiture, under this
Act or any other law for the time being in force relating to the excise revenue is
kept or concealed 10[and for the seizure of such intoxicant, hemp, 8*mhowra
flowers, molasses or such other thing found in such building, vehicle or place].
(2) All warrants issued under sub-section (1) shall be executed in accordance
with the provisions of the Code of Criminal Procedure, 1898, † by a Police Officer
or a Prohibition Officer duly empowered in this behalf or if the officer issuing
warrant deems fit, by any other person.

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

1 This word was substituted for the word “Director” by Mah. 52 of 1973, s. 3 Sch.
2 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3 These words were substituted for the words “a Magistrate”, by Bom. 21 of 1954, s. 3. Second Schedule.
4 This word were substituted for the words “the Dominion of India” by the Adaptation of Laws Order, 1950.
5 These words were inserted by Bom. 26 of 1952, s., 48 (7).
6 These words were substituted for the words “a Superintendent of Police” by Mah. 46 of 1962, s. 3 Sch.
7 These words were substituted for the words “a District Superintendent of Police” by Mah. 46 of 1962.
8 The word “opium,” was deleted by Bom. 22 of 1960, s. 84.
9 These words were substituted for the words “or opium” by Bom. 22 of 1960, s. 85.
10 These words were inserted by Bom. 26 of 1952, s. 48 (2).
11 Section 128A was substituted for the original by Bom. 22 of 1960, s. 85.
† See now the Code of Criminal Procedure, 1973 (2 of 1974).
£ The name of this City has been restored as “Brihan Mumbai” vide Mah. 25 of 1996, s. 3.

Arrest  of
offenders
failing to
give name.

Issue  of
warrants.

Certain
provisions to
apply to
denatured
sprituous
preparations.

V  of
1898.

Prohibition
Officers
may    be
empowered
to
investigate
offences.

Power  to
require
persons to
submit to
medical
examination,
etc.

V  of
1898.

54

Maharashtra Prohibition Act

[1949 : Bom. XXV

129.

(1) The 1[State] Government may empower any Prohibition Officer to

investigate offences under this Act.

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

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

(4) If the Prohibition Officer conducting the investigation is of opinion that there
is not sufficient evidence or reasonable ground of suspicion to justify the forwarding
of the accused to a Magistrate, or that the person arrested may be discharged with a
warning such officer shall release him on his executing a bond with or without
sureties, to appear, if and when so required, before a Magistrate empowered to take
congnizance of the offence and shall make a full report of the case to his official
superior and be guided by the order which he shall receive on such report.

2[129A.

(5) The powers of any officer empowered under this section shall be subject to
such other modifications or restrictions as the 1[State] Government may deem fit.
(1) Where  in  the  investigation  of  any  offence  under  this  Act,  any
Prohibition Officer, duly empowered in this behalf by the State Government or any
Police Officer has reasonable ground for believing that a person has consumed an
intoxicant and that for the purpose of establishing that he has consumed an intoxicant
or for the procuring of evidence thereof it is necessary that his body be medically
examined,  or  that  his  blood  be  collected  for  being  tested  for  determining  the
percentage of alcohol therein, such Prohibition Officer or Police Officer may produce
such person before a registered medical practitioner (authorised by general or special
order  by  the  State  Government  in  this  behalf)  for  the  purpose  of  such  medical
examination or collection of blood, and request such registered medical practitioner
to  furnish  a  certificate  on  his  finding  whether  such  person  has  consumed  any
intoxicant and to forward the blood collected by him for test to the Chemical Examiner
or Assistant Chemical Examiner to Government, or to such other Officer as the
State Government may appoint in this behalf.

(2) The  registered  medical  practitioner  before  whom  such  person  has  been
produced shall examine such person and collect and forward in the manner prescribed
the blood of such person, and furnish to the Officer by whom such person has been
produced, a certificate in the prescribed form containing the result of his examination.
The Chemical Examiner or Assistant Chemical Examiner to Government, or other
Officer appointed under sub-section (1) shall certify the result of the test of the
blood, forwarded to him, stating therein in the prescribed form, the percentage of
alcohol and such other particulars as may be necessary or relevant.

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 Sections 129A and 129B were inserted by Bom. 12 of 1959, s. 16.
† See now the Code of Criminal Procedure, 1973 (2 of 1974).

XLV
of
1860.

1949 : Bom. XXV]

Maharashtra Prohibition Act

55

(3) If any person offers resistance to his production before a registered medical
practitioner under sub-section (1) or on his production before such practitioner to
the examination of his body or to the collection of his blood, it shall be lawful to use
all  means  reasonably  necessary  to  secure  the  production  of  such  person  or  the
examination of his body or the collection of blood necessary for the test.

(4) If the person produced is a female, such examination shall be carried out by,
and the blood shall be collected by or under the supervision of, a female registered
medical practitioner authorised by general or special order, by the State Government
in this behalf, and any examination of the body, or collection of blood, of such
female shall be carried out or made with strict regard to decency.

(5) Resistance to production before a registered medical practitioner as aforesaid,
or to the examination of the body under this section or to the collection of blood as
aforesaid, shall be deemed to be an offence under section 186 of the Indian Penal Code.
(6) Any expenditure incurred for the purpose of enforcing the provisions of this
section including any fees payable to a registered medical practitioner or the Officer
appointed under sub-section (1) shall be defrayed out of moneys provided by the
State Legislature.

(7) If any Prohibition Officer or Police Officer, vexatiously and unreasonably
proceeds under sub-section (1) he shall, on conviction, be punished with fine which
may extent to five hundred rupees.

(8) Nothing in this section shall preclude the fact that the person accused of an
offence has consumed an intoxicant from being proved otherwise than in accordance
with the provisions of this section.

129B. Any document purporting to be—

(a) a certificate under the hand of a registered medical practitioner, or the
Chemical  Examiner  or  Assistant  Chemical  Examiner  to  Government,  under
section 129A or of an officer appointed under sub-section (1) of  that section, or
(b) a  report under  the  hand of  any registered  medical  practitioner, in  any
hospital or dispensary maintained by the State Government or a local authority
or any other registered medical practitioner authorised by the State Government
in this behalf in respect of any person, examined by him or upon any matter or
thing duly submitted to him for examination or analysis and report,
may be used as evidence of the facts stated in such certificate, or as the case may
be, report, in any proceedings under this Act; but the Court may if it thinks fit, and
shall, on the application of the prosecution or the accused person, summon and examine
any such person as to the subject matter of his certificate or as the case may be report.]

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

1 This portion was added by Bom, 22 of 1960, s. 86.
2 This word was substituted for the word “Director” by Mah. 52 of 1973, s. 3, Sch.

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

Arrested
persons and
things seized
to  be  sent  to
officer-in-
charge of
Police
Station.

56

Maharashtra Prohibition Act

[1949 : Bom. XXV

Bail by
Prohibition
Officer.

131.

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

V  of
1898.

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

V  of
1898.

Articles
seized.

132.

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

Duty of
1[officers  of
Government]
and local
authorities to
assist.

Offences  to
be reported.

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

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

(c) if no offence appears to have been committed shall return it to the person

from whose possession it was taken,

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

Bom.
III  of
1959.

5[l34. Every village officer or servant useful to Government, every officer of
the State Government, and (with the consent of the Central Government) every
officer of the Customs and Central Excise Departments, and every officer or servant
of a local authority, and the Sarpanch of a Village Panchayat constituted under the
*Bombay Village Panchayats Act, 1958, shall be bound —

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

(b) to take all reasonable measures in their power to prevent the commission of
any such offence which they know or have reason to believe is about or likely to be
committed.

1 These words were substituted for the words “When anything has been seized by a Prohibition Officer other

than the Collector or Director under the provisions of this Act” by Bom. 22 of 1960, s. 87.
2 This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
3 These words were substituted for the words “legally bound to assist any” by Bom. 22 of 1960, s. 88 (a).
4 These words were substituted for the words “officials of all departments” by Bom. 22 of 1960, s. 88 (b).
5 Sections 134 and 135 were substituted for the original by Bom. 22 of 1960, s. 89.
* Short title of this Act has been amended as “the Maharashtra Village Panchayats Act” by Mah. 24 of 2012,

s. 2, Sch., Entry 74 with effect from the 1st. May 1960.

†  For this now see Code of Criminal Procedure, 1973 (2 of 1974).

1949 : Bom. XXV]

Maharashtra Prohibition Act

57

III  of
1959.

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

Establishment
of Gram
Rakshak
Dal.

(2) (a) The Sub-Divisional Magistrate of the area on receipt of request under

sub-section (1), shall call such special meeting of Gram Sabha.

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

(c) The meeting of such Gram Sabha shall be conducted in the presence of
the 2[Tahsildar or any officer not below the rank of Group-B officer of the State
Government authorised by the Tahasildar of the area].

(d) The Gram Sabha may recommend the persons to be appointed as members

of Gram Rakshak Dal.

(e) The Sub-Divisional Magistrate shall on recommendation of Gram Sabha

establish a Gram Rakshak Dal.

(f) The term of the members of such Gram Rakshak Dal shall be of two years.
(3) The Gram  Rakshak  Dal shall  consist  of  as  many  members  as  there  are

members in a Village Panchayat but it shall not be more than eleven.

(4) The eligibility for the appointment as a member of the Gram Rakshak Dal

shall be such as may be prescribed.

(5) The Gram Rakshak Dal shall have adequate representation of Women and

persons belonging to Scheduled Castes and Scheduled Tribes.

(6) Every member of the Gram Rakshak Dal shall be bound to give immediate
information at the nearest Police Station or to any other Officer or person authorised
in this behalf of the commission of any offence and of the intention or preparation
to commit any offence under this Act which may come to his knowledge.

(7) The duties and responsibilities of the members of Gram Rakshak Dal  shall

be such as may be prescribed.]

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

1 Section 134A was inserted by Mah. 19 of 2017, s. 3.
2 This portion was substituted for the words “Tahsildar of the area” by Mah. 49 of 2017, s. 2.

Landlords
and others  to
give
information.

58

Maharashtra Prohibition Act

[1949 : Bom. XXV

136.

[Power to arrest and make orders detaining or restricting movements or

actions of persons.] Deleted by Bom. 26 of 1962, s. 50.

––––––––––

CHAPTER X.

Appeals and Revision.

Appeals.

137.

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

(2) All orders passed by the Collector and 1[Commissioner] shall be appealable
to the 1[Commissioner] and the 2[State] Government respectively at any time within
ninety days from the date of the order complained of :

Provided that no appeal shall lie against an order passed by the 1[Commissioner]

Revision.

on appeal.

(3) Subject to the foregoing provisions the rules which the 2[State] Government

may make in this behalf shall apply to appeals under this section.

3[138. The  State  Government  may  call  for  and  examine  the  record  of  any
proceeding before any Prohibition Officer including that relating to the grant or
refusal of a licence, permit or authorization under this Act for the purpose of satisfying
itself as to the correctness, legality or propriety of any order passed in, and as to the
regularity of, any such proceeding and may when calling for such record, direct that
the order be not given effect to pending the examination of the record. On examining
the record, it may either annul, reverse, modify or confirm such order, or pass such
other order as it may deem fit.]

___________

CHAPTER XI.
Miscellaneous.

General
powers of
2[State]
Government
in  respect  of
licences,  etc.

139.

4[(1)] Notwithstanding anything contained in this Act or the rules made

thereunder, the 2[State] Government may, by general or special order,—

(a) prohibit the grant of any kind of licences, permits, passes or authorisations

throughout the 2[State] or in any area;

(b) regulate the import, export, transport, possession, sale, purchase, consumption
or use of any intoxicant, hemp, mhowra flowers, molasses or any article which is
likely to be used for the manufacture of an intoxicant with or without licence, permit,
pass or authorisation throughout the 5[State] or within the limits of any local area
subject to such conditions 6[as it may impose].

1 This word was substituted for the word “Director” by Mah. 52 of 1973, s. 3, Sch.
2 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3 This section was substituted for the original by Bom. 22 of 1960, s. 90.
4 Section 139 was renumbered as sub-section (1)  by Bom. 22 of 1960, s. 91 (1).
5 This word was substituted for the words “pre-Reorganisation State of Bombay, excluding the transferred

territories” by Bom. 12 of 1959, s. 3.

6 These words were substituted for the words “and for such periods as it deems fit” by Bom. 22 of 1960,

s. 91 (1) (a).

1949 : Bom. XXV]

Maharashtra Prohibition Act

59

1[(c) exempt any person or institution or any class of persons or institutions from
all or any of the provisions of this Act or from all or any of the rules, regulations or
orders made thereunder or from all or any of the conditions of any licence, permit,
pass or authorization granted thereunder, subject to such conditions as it may impose;
(d) exempt any intoxicant or class of intoxicants, denatured spirituous preparation,
hemp, mhowra flowers or molasses from all or any of the provisions of this Act or
from all or any of the rules, regulations or orders made thereunder subject to such
conditions as it may impose;

(d1) remit or refund wholly or partially any fee in respect of any privilege, licence,
permit, pass or authorization granted under this Act or any duty on toddy producing
trees or any excise or countervailing duty or fee leviable under this Act on any
intoxicant, hemp, mhowra flowers or molasses from any person or institution or
from a class of persons or institutions or exempt any person or institution or class of
persons or institutions from the payment of such duty or fee subject to such conditions
as it may impose;]

(e) prescribe the maximum number of licences, permits, passes or authorizations

of any kind which may be granted in any area or to any class of persons;

(f) prescribe the number of places at which any intoxicant specified in such order,
2[denatured spirituous preparation,] hemp, mhowra flowers or molasses, may be
sold in any area, the location of such places in any area, the days and hours during
which such places may or may not be kept open, the number of such places in
respect of which licences for sale may be granted and the number of such places
which may be 3[managed by the State Government departmentally];

(g) direct that no licence, permit, pass or authorization of the kind specified in
such order shall be granted without the previous approval of the 4[State] Government
or also direct any additions or alterations to be made to or in the conditions subject
to  which  under  any  other  provisions  of  this  Act,  such  licence,  permit,  pass  or
authorization can be granted;

(h) prescribe the maximum quantity of any intoxicant, 5[denatured spirituous
preparation], hemp, mhowra flowers or molasses which may be sold in any area or
at any place;

6[(i) prescribe in respect of any place or area, the maximum number of toddy
producing trees for tapping which or for drawing toddy from which licence or licences
may be granted;]

7[(j) prescribe the procedure for the disposal of any shop or shops authorised to
sell any intoxicant, denatured spirituous preparation, hemp, mhowra flowers or
molasses under this Act and the procedure to be followed before granting any licence
or licences;]

1 Clauses (c), (d) and (d1) were substituted for the original clauses (c) and (d) by Bom. 22 of 1960, s. 91 (1) (b).
2 These words were inserted by Bom. 22 of 1960, s. 91 (1) (c) (1).
3 These words were substituted for the words “managed by the Excise Department” by Bom. 22 of 1960,

s. 91 (1) (c) (ii).

4 This word-was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
5 These words were inserted by Bom. 22 of 1960, s. 91 (1) (d).’
6 This clause was substituted for the original by Bom. 22 of 1960, s. 91 (1) (e).
7 This clause was substituted for the original by Bom. 22 of 1960, s. 91. (1) (f).

H 340-9

Power  of
3[State]
Government
to prohibit,
regulate or
control
consumption
or  use  of
intoxicants,
etc.,  in
public place.

Employment
of additional
police.

60

Maharashtra Prohibition Act

[1949 : Bom. XXV

(k) direct that before granting licences, auctions may be held, tenders called for
or offers received and that licences shall be granted 1[subject to such conditions as
may be prescribed] to persons whose bids, tenders or offers are accepted by the
Collector;

(l) specify the persons or class of persons 2[to whom licences may or may not be
granted] and in cases in which auctions are held, the person or classes of persons
who may or may not be permitted to offer bids at such auctions;

(m) direct that licences of the kind specified in such order shall be granted to

persons specified in such order; and

(n) issue such other instructions in any matter pertaining to the grant or otherwise
of  licences,  permits,  passes  or  authorizations  under  this  Act,  as  the 3[State]
Government may deem proper.

4[(2) An order made under sub-section (1) shall, if it is of a general nature of

affecting a class of persons, be notified in the Official Gazette.]

140. The 3[State] Government may, by general or special order, prohibit, regulate
or  control,  subject  to  such  conditions  as  may  be  specified  in  the  order,  the
consumption or use of any intoxicant or hemp, in any public place.

141.

(1) If the 3[State] Government is satisfied that the inhabitants of any area
are concerned in the commission or abetment of any of the offences punishable
under sections 5[65, 66, 66A, 67, 67A, 67C, 68, 69 and 70] the 3[State] Government
may, by notification in the Official Gazette, direct the employment of additional
police 6[in that area] for such period as it thinks fit.

(2) The cost of such additional police shall, if the 3[State] Government so directs,
be either in whole or in part defrayed by a tax imposed on the persons hereinbelow
mentioned, or by a rate assessed on the property of such persons, or both by a tax
and by a rate so imposed and assessed, and charged—

(a) either generally on all persons who are inhabitants of the local area to which

such notification applies; or

(b) specially on any particular section or sections or class or classes of such
persons, and the 3[State] Government may direct the proportions in which such tax
or rate shall be charged.

1 These words were inserted by Bom. 22 of 1960, s. 91 (1) (g).
2 These words were substituted for the words “to whom licences may not be granted” by Bom. 22 of 1960, s.91 (1) (h).
3 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4 This sub-section was added by Bom. 22 of 1960, s. 91 (2).
5 These figures, letters and word were substituted for the figures and word “65 to 69” by Bom. 22 of 1960, s. 92 (a).
6 These words were inserted by Bom. 22 of 1960, s. 92 (b).

1949 : Bom. XXV]

Maharashtra Prohibition Act

61

Explanation.—For the purposes of this section “inhabitants” shall include persons
who themselves or by their agents or servants occupy or hold land or other immovable
property within such area and landlords who themselves or by their agents or servants
collect rents or revenue direct from rayats or occuppiers in such area notwithstanding
that they do not actually reside therein.

(3) It shall be lawful for the 1[State] Government to extend for a term not exceeding
in any case five years the period for the payment of such tax or rate beyond the
period for which such additional police are actually employed.

2[(4) The provisions of sub-sections (4) to (7) of section 50 of the *Bombay
Police Act, 1951 shall apply mutatis mutandis to the recovery of such tax or rate.]

Bom.
XXII
of
1951.

3[142.

(1) If the Collector is of opinion that it is in the interest of public peace
to close any place in which any intoxicant or hemp is sold it shall be lawful for the
Collector by an order in writing to the persons holding a licence for the sale of such
intoxicant or hemp to require him to close such place at such time or for such period
as may be specified in the order.

Power  of
Collector to
close  places
where
intoxicant or
hemp is  sold
in  certin
cases.

(2) If a riot or unlawful assembly is imminent or takes place it shall be lawful for
any Executive Magistrate or Police Officer who is present to direct that such place
shall be closed and kept closed for such period as he thinks fit and in the absence of
any Executive Magistrate or Police Officer the person referred to in sub-section (1)
shall himself close such place.

(3) Any order given under this section shall be final.]

143.

(1) The 1[State] Government may make rules for the purpose of carrying
out the provisions of this Act or any other law for the time being in force relating to
excise revenues.

(2) In particular and without prejudice to the generality of the foregoing provisions

Power  of
1[State]
Government
to  make
rules.

the 1[State] Government may make rules,—

(a) regulating the delegation of any powers by the 4[Commissioner], by Collector

or by any other Prohibition Officer;

(b) regulating  the  import,  export,  transport,  5[collection],  sale,  purchase,
6[bottling], consumption, use or possession of any intoxicant, 7[denatured spirtuous
preparation] or hemp, mhowra flowers or molasses;

(c) regulating  the  manufacture  of  any  intoxicant 8[or  denatured  spirituous

preparation];

(d) regulating the cultivation and collection of hemp;

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

2

T

h

i s

  s

u

b

-

s

e

c

t i o

n

  w

a

s

  s

u

b

s

t i t u

t e

d

  f

o

r

  s

u

b

-

s

e

c

t i o

n

s (4) and (5) by Bom. 64 of 1954, s. 3.

3 This section was substituted for the original by Bom. 22 of 1960, s. 91.
4 This word was substituted for the word “Director” by Mah. 52 of 1973, s. 3, Sch.
5 This word was inserted by Bom. 26 of 1952, s. 61 (1).
6 This word was inserted by Bom. 22 of 1960, s. 94 (1) (a).
7 These words were inserted by Bom. 22 of 1960, s. 94 (1) (a).
8 These words were added by Bom. 22 of 1960, s. 94 (1) (b).
* The short title of this Act has been amended as “the Maharashtra Police Act” by Mah. 24 of 2012, s. 2,

Sch., Entry 45, w. e. f. 1-5-1960.

62

Maharashtra Prohibition Act

[1949 : Bom. XXV

(e) regulating  the  tapping  of  toddy-producing  trees  and  drawing  of  toddy

therefrom ;

(f) regulating the grant, suspension or cancellation of licences, permits, passes
or  authorizations  for  the  import,  export,  transport, 1[collection,  sale,  purchase],
possession, manufacture, 2 [bottling], consumption, use or cultivation of any of the
above articles mentioned in 3[clause (b) and for the matters specified in clause (e)];

(g) regulating the periods and localities for which the licences may be granted
for the wholesale or retail vend of any of the above articles mentioned in clause (b);

(h) providing for the consulting of public opinion and prescribing the procedure
to be followed and the matters to be ascertained before any licence, permit, pass or
authorization for the vend, consumption or use of any of the above articles mentioned
in clause (b) is granted to any person or in any locality;

4[(h1) prescribing the restrications under which and the conditions on which any

licence, permit, pass or authorization may be granted including —

(i) the  prohibition  of  the  admixture  with  any  intoxicant  of  any  substance

deemed to be noxious or objectionable;

(ii) the fixing of the strength, price or quantity in excess of or below which
any intoxicant or mhowra flowers shall not be sold or supplied, and the quantity
in excess of which denatured spirit, denatured spirituous preparation or molasses
shall not be possessed or sold and the prescription of a standard or quality for any
intoxicant denatured spirituous preparation, mhowra flowers or molasses;

(iii) the prohibition of sale of any intoxicant, denatured spirituous preparation

or hemp except for cash;

(iv) the prescription of the days and hours during which any licensed premises
may or may not be kept open and provisions for the closure of such premises on
special occasions;

(v) the prescription of the nature of the premises on which any intoxicant may

be sold and the notices to be exposed at such premises;

(vi) the prescription of the accounts to be maintained and the returns to be

submitted by licence-holders or permit-holders;

(vii) the regulation or prohibition of the transfer of licences;

(viii) the writing of the names and addresses and the taking of signatures of
purchasers in the register of sale of any intoxicant, hemp, mhowra flowers or
molasses or any article the sale or purchase of which is regulated by clause (b) of
sub-section (1) of section 139;

1 These words were inserted by Bom. 26 of 1952, s. 51 (2) (a).
2 This word was inserted by Bom. 22 of 1960, s. 94 (1) (c).
3 These words, brackets and letters were substituted for the words, brackets and letters “clauses (b) and (e)” by

Bom. 26 of 1952, s. 51 (2) (b).

4 Clauses (h1) and (h2) were inserted by Bom. 22 of 1960, s. 94 (1) (d).

1949 : Bom. XXV]

Maharashtra Prohibition Act

63

(h2) (i) declaring the processes by which spirits shall be denatured in particular

areas, or for particular purposes;

(ii) for causing such spirits to be denatured through the agency or under the
supervision of the Government Officers and for the payment of charges for such
supervision;

(iii) for ascertaining whether such spirits have been denatured;]

(i) prohibiting and regulating the employment by the licence-holder of any person

or classes of persons to assist him in his business in any capacity whatsoever;

(j) prescribing the manner in which the juice from a coconut, barb, date or any

kind of palm trees is to be treated for the purpose of preventing fermention;

1[(k) prescribing  the  persons  or  classes  of  persons  to  whom  any  intoxicant,
denatured spirituous preparation, hemp, mhowra flowers or molasses may or may
not be sold or who may or may not be allowed to sell, purchase or use any of these
articles;]

(l) for the prevention of drunkenness, gambling or disorderly conduct in or near
any licensed premises and the meeting and remaining of persons of bad character
on such premises;

2[(l1) prescribing the occasions on which special orders may be granted for the
sale by retail of larger quantities of liquor or intoxicating drugs, or opium than those
which are prescribed in any notification issued under this Act and the conditions on
which such sales may be made;

(l2) prescribing the amount of security to be deposited by the holder of any
licence, permit, pass or authorization for the performance of the conditions for the
same;

(l3) providing for the maintenance by the holders of licences, permits, passes or
authorizations of the registers of sales, purchases, possession, consumption or use
and the particulars to be entered in the register;]

3[(m) regulating  the  grant  of  rewards  or  expenses  to  officers,  informants,  or
persons giving information or assistance in the detection or investigation of offences
under this Act, and of compensation to persons charged with offences punishable
under this Act and acquitted;]

(n) regulating the printing, publishing or otherwise displaying or distributing
any advertisement or other matter 4*soliciting the use of, or offering any intoxicant
5[or] hemp or calculated to encourage or incite any individual or class of individuals
or the public generally to commit an offence under this Act or to commit a breach or
evade the provisions of any rule or order made thereunder or the conditions of any
licence, permit, pass or authorization issued thereunder;

1 This clause was substituted for the original by Bom. 22 of 1960, s. 94 (1) (e).
2 Clauses (l1), (l2) and (l3) were inserted, by Bom. 22 of 1960, s. 94 (1) (f).
3 This clause was substituted for the original by Bom. 22 of 1960, s. 94 (1) (g).
4 The word “commending,” was deleted by Bom. 26 of 1952, s. 51 (3) (a).
5 This word was inserted by Bom. 26 of 1952, s. 51 (3) (b).

64

Maharashtra Prohibition Act

[1949 : Bom. XXV

(o) regulating within the 1[State] the circulation, distribution or sale of newspaper,
news sheet, book, leaflet, booklet or other publication 2[printed and published] outside
the State containg any advertisement or matter which 3* * * solicits the use of, or
offers any intoxicant, or hemp 4 * * * *;

5[(p) imposing restrictions and conditions on buyers of intoxicant, denatured
spirituous preparation, hemp, mhowra flowers or molasses or any article the purchase
of  which  is  regulated  by  clause (b) of  sub-section (1) of  section  139  including
provision for compelling them to sign entries pertaing to the purchase by them of
any of these articles];

*

*

6*
*
(r) regulating the taking of samples of molasses;
7[(r1) prescribing the constitution of Committees, Boards and Medical Boards

*

*

*

*

or panels thereof and the procedure regarding their work];

(s) prescribing the powers, functions and duties of Prohibition Officers, 8[boards,
Committees] and 9[Medical Boards or panels thereof] and the fees and allowances
payable to the members of the  8[boards, Committees] and  9[Medical Boards or
panels thereof];

10[(t) prescribing the procedure regarding the work of the Board of Experts;
11[(t1) prescribing conditions of through transport under section 29];
(u) prescribing the fees 12[including rent or consideration] payable in respect of
any privilege, licence, permit, pass or authorization granted or issued under this Act;
13[(uu) prescribing the other persons, other institutions or the circumstances under

clause (b) of sub -section (3) of section 66];

(v) prescribing the period within which and the form in which a declaration

under section 107A shall be submitted and the account shall be maintained];

14[(w) prescribing the manner of collecting and forwarding blood and prescribing
the form of certificates, and the other particulars required to be stated therein under
sub-section (2) of section 129A].

15(x) prescribing the form of application, the mode of submitting the application
and manner of verification of authenticity of the applicants under clause (b) of sub-
section (2) of section 134A;

(y) prescribing the eligibility for the appointment  as a member of the Gram

Rakshak Dal under sub-section (4) of section 134A;

(z) prescribing the duties and responsibilities of the members of Gram Rakshak

Dal under sub-section (7) of section 134A.]

(3) The power to make rules under this section shall be subject to the condition

of previous publication:

1 This word was substituted for the words “pre-Reorganisation State of Bombay, excluding the transferred

territories” by Bom. 12 of 1959, s. 3.

2 These words were substituted for the words “whether printed or published” by Bom. 26 of 1952, s. 51 (4) (a).
3 The words “is prescribed or which commends” were deleted by Bom. 26 of 1952, s. 51 (4) (b).
4 The words “to be forfeited to the State Government” were deleted by Bom. 26 of 1952, s. 51 (4) (c).
5 This clause was substituted for the original by Bom. 22 of 1960, s. 94 (1) (h).
6 Clause (q) was deleted, by Bom. 22 of 1960, s. 94 (1) (i).
7 This clause was inserted by Bom. 22 of 1960, s. 94 (1) (j).
8 These words were substituted for the words “Committees” by Bom. 22 of 1960, s. 94 (1) (k).
9 These words were substituted for the words “Medical Boards” by Bom. 22 of 1960, s. 94 (1) (k).
10 Clauses (t) to (v) were substituted for the original clause (t) by Bom. 26 of 1952, s. 51 (5).
11 This clause was inserted by Bom. 22 of 1960, s. 94 (1) (l).
12 These words were inserted by Mah. 70 of 1981, s. 3.
13 This clause was inserted by Bom. 12 of 1959, s. 17 (a).
14 This clause was added by Bom. 12 of 1959, s. 17 (b).
15 These clauses were inserted by Mah. 19 of 2017, s. 4.

1949 : Bom. XXV]

Maharashtra Prohibition Act

65

Provided that any such rules may be made without previous publication if the

1[State] Government considers that they should be brought into force at once.

2[(4) All rules made under this Act shall be laid for not less than thirty days
before each House of the State Legislature as soon as may be after they are made,
and shall be subject to such modifications as the State Legislature may make during
the session in which they are so laid or the session immediately following.]

144.

(1) The 3[Commissioner] may make regulations not inconsistent with the

provisions of this Act or rules—

(a) regulating  as  the  case  may  be  the 4*supply  or  storage  of  any  intoxicant
5[denatured spirituous preparation] or hemp, mhowra flowers or molasses including—

3[Commi-
ssioner’s]
powers to
make
regulations.

(i) the erection, inspection, supervision, management and control of any place
for the manufacture, supply or storage of such article, and the fittings, implements
and apparatus to be maintained therein;

6*

*

*

*

*

*

*

(b) regulating the deposit of any intoxicant, hemp, 7*mhowra flowers or molas-
ses in a warehouse and the removal of such articles from any such warehouse or
from any distillery or brewery;

8*

*

*

*

*

*

*

(d) prescribing the scale of fees 9[including rent or consideration] or the manner
of fixing the fees payable in respect 10 * * * of any storage of any intoxicant, hemp,
7* mhowra flowers or molasses;

(e) regulating the time, place and manner of payment of any duty or fees;

8*

*

*

*

*

*

*

(h) providing for the destruction or other disposal of any intoxicant declared to

be unfit for use;

(i) regulating the disposal of confiscated or forfeited articles;

8*

*

*

*

*

*

*

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 This sub-section was inserted by Bom. 22 of 1960, s. 94 (2).
3 This word was substituted for the word “Director” by Mah. 52 of 1973, s. 3, Sch.
4 The word “manufacture,” was deleted by Bom. 22 of 1960, s. 95 (a) (i).
5 These words were inserted by Bom. 22 of 1960, s. 95 (a) (ii).
6 Sub-clauses (ii) to (v) were deleted by Bom. 22 of 1960, s. 95 (a) (iii).
7 The word “opium,” was deleted by Bom. 22 of 1960, s. 95 (b).
8 Clauses (c), (f) (g), (j), (k) and (l) were deleted by Bom. 22 of 1960, s. 95 (c).
9 These words were inserted by Mah. 70 of 1981, s. 4.
10 The words beginning with the words “of any privilege” and ending with the words “authorization or” were

deleted by Bom. 26 of 1952, s. 52 (1).

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

Bar  of
proceedings.

Limitation of
prosecutions
or  suits
against
officers.

66

Maharashtra Prohibition Act

[1949 : Bom. XXV

(m) regarding  any  other  matter  which  the 1[State]  Government  may,  by
notification  in  the Official  Gazette, direct  him  to  prescribe  for  the  purposes  of
carrying out the provisions of this Act.

(2) The regulations made under this section shall be published in the official

Gazette.

145. All officers and persons empowered to exercise any powers or to perform
any  functions  under  this  Act  shall  be  deemed  to  be  public  servants  within  the
meaning  of section  21  of  the Indian  Penal  Code.

XLV
of
1860.

146. No suit or proceeding shall lie against the 2[Government] or against any
Prohibition, Police, or other officers or against any person empowered to exercise
powers or to perform functions under this Act, for anything in good faith done
or  purporting to  be done  under this  Act.

3[l46A.

(1) All prosecutions of any Prohibition, Police or other officers, or
of any persons empowered to exercise powers or to perform functions under this
Act, and all actions which may be lawfully brought against the Government or
any of the aforesaid officers or persons, in respect of anything done or alleged
to have been done in pursuance of this Act, shall be instituted within four months
from the date of the act complained of and not afterwards; and any such action
shall be dismissed—

(a) if the plaintiff does not prove that, previously to bringing such action, he
has presented all such appeals allowed by this Act, or any other law for the time
being in force, as within the aforesaid period of four months, it was possible to
present; or

(b) in the case of an action for damages, if tender of sufficient amends shall
have been made before the action was brought, or if after the institution of the
action a sufficient sum of money is paid into Court with costs, by or on behalf
of the defendant.

(2) Subject to the provisions of section 197 of the 4Code of Criminal Procedure,
1898 no Court shall take cognizance of an offence committed or alleged to have
been  committed  by  any  Prohibition,  Police  or  other  officer  or  any  person
empowered to exercise powers or to perform functions under this Act, in regard
to  anything  done  under  this  Act,  until  the  sanction  of  the  Collector  having
jurisdiction has been obtained.

V  of
1898.

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
3 Sections 146A and 146B were inserted by Bom. 22 of 1960, s. 96.
4 For this now see Code of Criminal Procedure, 1973 (2 of 1974).

Provisions of
Act  not  to
apply to
Government.

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

Repeal and
amendments.

1949 : Bom. XXV]

Maharashtra Prohibition Act

67

146B. Save in so far as may be expressly provided in any rule, regulation or
order made under this Act, nothing in this Act shall apply in respect of any intoxicant,
denatured spirituous preparations, hemp, mhowra flowers or molasses which are
the property and in the possession of the Government.]

147. For removal of doubts it is hereby declared that nothing in this Act shall
be deemed to apply to any intoxicant or other article in respect of its import or
export across the customs frontiers. 1* * * *

148.

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

(2) But nothing in this Act or any report or amendment made thereby shall affect

or be deemed to affect—

(i) any right, title, obligation or liability already acquired, accrued or incurred

before the commencement of this Act;

(ii) any legal  proceeding or  remedy in  respect of  any right,  title, interest,
obligation or liability or anything done or suffered before the commencement of
this Act and any such proceeding shall be continued and disposed of, as if this
Act was not passed;

Bom.
V  of
1878.

(iii) the levy of any duties under section 29A of the Bombay Abkari Act,
1878, and the recovery of any duties or fees leviable under any other provisions
of the Acts hereby repealed, and all such duties or fees shall be leived or recovered,
as the case may be, as if this Act was not passed.

(3) Any appointment, notification, notice, order, rule or form, made, or issued
under any of the enactments repealed by this Act shall continue to be in force and
deemed to have been made, granted or issued under the provisions of this Act, in so
far as such appointment, notification, notice, order, rule, or form is not inconsistent
with the provisions of this Act, unless and until it is superseded by any appointment,
notification, notice, order, rule or form made or issued under this Act, notwithstanding
the fact that the authority competent to make or issue such notification, notice,
order, rule or form is different from that authorized in the enactments repealed and
notwithstanding also that such notification, notice, order, rule or form was made or
issued in a different form or name.

(4) Any licence, permit, pass, authorization or permission granted or issued under
any of the enactments repealed by this Act shall continue to be in force and shall be
deemed to have been granted or issued under the corresponding provisions of this
Act.

1 The words “as defined by the Dominion Government” were deleted by Bom. 26 of 1952, s. 5.

H 340-10

Further
repeals and
savings
consequent
on comme-
ncement of
Bom. XXV
of 1949 in
other  areas
of  State.

68

Maharashtra Prohibition Act

[1949 : Bom. XXV

1[149.

2* On the commencement of this Act in any area of the State to which it
is extended by the Bombay Prohibition (Extension and Amendment) Act, 1959, the
Acts mentioned in Schedule III and in force in that area, shall to the extent specified
in the fourth column thereof, stand repealed :

Bom
XII
of
1959.

Provided that such repeal shall not affect,—

(a) the previous operation of any Act so repealed or anything duly done or

suffered thereunder, or

(b) any right, privilege, obligation or liability acquired, accrued or incurred

under any Acts so repealed, or

(c) any penalty, forfeiture or punishment incurred in respect of any offence

committed against any acts so repealed,

(d) any investigation, legal proceeding or remedy in respect of any such right,

privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid,
and any such investigation, legal proceeding or remedy may be instituted, continued
or enforced, and any such penalty, forfeiture or punishment may be imposed, as if
those Acts had not been repealed:

Provided further that—

(a) any licence, permit, pass, authorisation or permission granted or issued
under  any  of  the  Acts  so  repealed  shall continue  to  be  in  force  and  shall  be
deemed to have been granted or issued under the corresponding provisions of
this Act; and

(b) notwithstanding the repeal of any of the Acts aforesaid, for all purposes in
connection with the liability for, and the levy, assessment and collection or refund
of, any tax, duty or fee (including any penalty) leviable,—

(i) under any provisions of section 27A of the Central Provinces and Berar

Excise Act, 1915, or

(ii) under section 112A of the *Bombay Prohibition Act, 1949 as in force

in the Saurashtra area, or

(iii) before the commencement of this Act in any area under any provisions

of any of the Acts repealed by this section,

the relevant Acts repealed (including all rules, regulations, notification, and orders
made or issued thereunder) shall nevertheless continue in force for all such purposes;
and all such taxes, duties and fees shall be levied, assessed, collected, refunded and
penalty imposed and paid, as the case may be, as if those relevant Acts had not
been repealed.]

1 This section was inserted by Bom. 12 of 1959, s. 18.
2 The brackets and figure “(1)” were deleted by Bom. 22 of 1960, s. 97.
* The short title of this Act was amended as “the Maharashtra Prohibition Act” by Mah. 24 of 2012, s. 2, Sch.,

Entry 37, w. e. f. 1-5-1960.

C.  P.
and
Bear
II  of
1915.
Bom.
XXV
of
1949.

1949 : Bom. XXV]

Maharashtra Prohibition Act

69

1[SCHEDULE I-A.
[See section 1  (3)]
Outstill area of the Chanda District

(1) The whole of the Sironcha Tahsil;
(2) The following villages of the Gadchiroli Tahsil, namely :—
(a) (1)  Chargaon,  (2)  Gonjali,  (3)  Palasgaon,  (4)  Chimgaon  (5)  Mendha,
(6) Wadegaon,  (7)  Singapur,  (8)  Kodalwahi,  (9)  Chatgaon,  (10)  Pander,
(11) Mohandala,  (12)  Palakheda,  (13)  Suna  Katizari,  (14)  Khutgaon,
(15) Gatepalli,  (16)  Mendha,  (17)  Harikata,  (18)  Tohakapur,  (19)  Haldi,
(20) Gadewahi,  (21) Sakora,  (22)  Talodhi,  (23)  Karwafa,  (24)  Nawegaon,
(25) Gotevihir,  (26)  Ranbhumi,  (27)  Jambli,  (28)  Ranmul,  (29)  Darasani,
(30) Kusumghat, (31) Gattaguda, (32) Maroda, (33) Bandhona, (34) Nawargaon,
(35) Gilgaon, (36) Bhandikanhar, (37) Gajanguda, (38) Sakhera, (39) Kanhargaon,
(40)  Karkapalli,  (41)  Raven-Jhola,  (42)  Saimara,  (43)  Pekinkasa,  (44)  Saterli,
(45) Sowita, (46) Benoti, (47) Filekanar, (48) Fatri, (49) Ditantola, (50) Dewapur,
(51)  Dewada,  (52)  Gawama,  (53)  Rampur,  (54)  Potehaon,  (55)  Surgadevi,
(56) Rajoli,  (57)  Tohagaon,  (58)  Ramada,  (59)  Kotegaon,  (60)  Tulsi,
(61) Tumarikasa,  (62)  Nagoli,  (63)  Karkusi,  (64)  Maler,  (65)  Kudegaon,
(66) Rawanpalli,  (67)  Murmari,  (68)  Jogna,  (69)  Bhagbhir,  (70)  Jamar,
(71) Pawlisan,  (72)  Pendri,  (73)  Budapur,  (74)  Ahapur,  (75)  Muranda,
(76) Dhehni,  (77) Chichali,  (78)  Banarcha,  (79)  Lengada,  (80)  Jamgaon,
(81) Judegaon, (82) Tadgela and (83) Kodsi;

(b) all the villages of the Purada Police Station area except the following 24

villages, namely :—

(l)  Chawada,  (2)  Ramtola,  (3)  Dhuldongri,  (4)  Naicharpalli  (5)  Nawejhari
(6) Sattitola,  (7) Khambada,  (8)  Sajena,  (9)  Kannichak,  (10)  Talegaon,
(12) Angara,  (13) Palasgaon,  (14) Saotola,  (15) Khodki,
(11) Muska,
(16) Solan,  (17)  Salebhatti,  (18)  Nimgaon,  (19)  Mendha,  (20)  Bhausi,
(21) Bhakrundi, (22) Kulkuli, (23) Nawegaon and (24) Tultuli;

(c) all  the  villages  of  the  Ahiri  Police  Station  area,  except  the  following  33

villages, namely :—

(1)  Laggam, (2)  Laggam-Chak,  (3)  Rampur, (4)  Bori,  (5)  Kultha, (6)  Rajur-
Chak,  (7)  Tikepalli,  (8)  Chatuguntapatch,  (9)  Tumargunda,  (10)  Dampur,
(11) Baudukpalli,  (12)  Kothari,  (13)  Marpalli,  (14)  Morarli,  (15)  Chichela,
(16) Gomhi, (l7) Albatpalli, (18) Fuski, (19) Mukdi, (20) Fuski-Chak, (21) Dhanur,
(22) Yella,  (23)  Machhligatta,  (24)  Nagalwahi,  (25)  Singanpalli,
(26) Chaudampalli,  (27)  Champrala,  (28)  Laggam  Hatti,  (29)  Koperalli,
(30) Singanpeth, (31) Machli, (32) Gommni-Chak and (33) Kondegaon.]

–––––––––––
SCHEDULE I.
[See section 148]
Short title
(3)
*

Extent of repeal
(4)
*

Year
(1)

2*
1878

No.
(2)
*
V

The  Bombay Abkari  Act,  1878 All the provisions except

XXX The Bombay Molasses Act, 1947

1947
1  Schedule  I-A  was  inserted  by  Bom.  12  of  1959,  s.  19 (1).
2 This  item  was  deleted  by  Bom.  12  of  1959, s. 19  (2)

section 29-A
The whole.

70

Maharashtra Prohibition Act

[1949 : Bom. XXV

SCHEDULE II.
[See section 148]

Year
(1)
1890

No.
(2)
IV

Short title
(3)

The Bombay District
Police Act, 1890.

1902

IV

The City of Bombay
Police Act, 1902.

1[1951 XXII The *Bombay Police

Act, 1951.

Extent of repeal
(4)

  In  section  46—
1.
(a) in sub-section (4),

for   clauses
 (i) and (iii), the following clause
shall  be  substituted,  namely:—
“(ii) section   65   or   68   of  the
Bombay Prohibition Act, 1949”;
(b) in sub-section (6),  for the  word
and  figures  “under  the  Bombay
Abkari Act, 1878, or the Opium
Act, 1878,” the words and figure
“under  the  Bombay  Prohibition
Act, 1949” shall be substituted.

2. Section 61AA shall be deleted.

1. In section 27—
(a) in sub-section (2), for the words
and figures “under the Bombay
Abkari Act, 1878, or the Opium
Act, 1878”, the words and figure
“under  the  Bombay  Prohibition
Act, 1949” shall be substituted;

(b) in sub-section (2-A), for clauses
(ii) and (iii), the following clause
shall  be  substituted,  namely:—
“(ii) section   65   or   68   of  the
Bombay Prohibition Act, 1949”.

2. Section 122A shall be deleted.

1. In section 27—
(a) in clause (b), in sub-clause (ii), the
 portion beginning with the words
and figures “or under section 65
or 68 of that Act” and ending with
the    figures    “1938”    shall    be
deleted;

(b) in    clause (c),    for    the    words
“aforesaid Prohibition Acts”, the
words    and    figures    “Bombay
Prohibition  Act,  1949”  shall  be
substituted].

Bom.
XXV
of
1949.

Bom.
XXV
of
1949.

Bom.
V  of
1878.

I of
1878.

Bom.
XXV
of
1949.

Bom.
XXV
of
1949.

Bom.
XXV
of
1949.

1 This entry was added by Bom. 22 of 1960, s. 98.
* The short title of this Act has been amended as “the Maharashtra Police Act” vide Mah. 24 of 2012, s. 2, Sch.

Entry 45, w. e. f. 1-5-1960.

1949 : Bom. XXV]

Maharashtra Prohibition Act

71

Year
(1)

1878

No.
(2)

I

1915

II

1938

VII

1[SCHEDULE III.
[See section 149]
Short title
(3)

The Opium Act, 1878, in its
application to the State of
Bombay.

The Central Provinces and
Berar Excise Act, 1915.

The Central Provinces and
Berar Prohibition Act, 1938.

1316F

1333F

IV

The Abkari Act.

The Hyderabad Intoxicating
Drugs Act.

1949

XXV The Bombay Prohibition Act

1949 as in force in the Saurashtra
Area of the State of Bombay.

1949

XXV The Bombay Prohibition Act,
1949, as in force in the Kutch
Area of the State of Bombay.

1 Schedule III was added by Bom. 12 of 1959, s. 19 (3).

--------------------

Extent of repeal
(4)

The whole.

All the provisions
except section 27A.

The whole.

The whole.

The whole.

All the provisions
except section 112A.

The whole.]

H 340-(3927 Bks. CR4*)-9.2018.

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