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The Maharashtra Prohibition Act

Maharashtra

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 State of Bombay

Act number
25 of 1949
Ministry
Govt of Maharashtra
Department
Home Department
Enacted
20 May 1949

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

183 sections

  1. Section 1Short title, extent and commencement.
  2. Section 2Definitions.
  3. Section 3Commissioner of Prohibition and Excise.
  4. Section 4Collectors.
  5. Section 5Subordinate officers.
  6. Section 6Investing officers of Police and other departments with powers and duties under this Act.
  7. Section 6ABoard of Experts.
  8. Section 7Other Boards and committees.
  9. Section 8Medical Boards.
  10. Section 9Control of Commissioner over Prohibition officers and other officers.
  11. Section 10Delegation.
  12. Section 11Manufacture, etc., of intoxicant to be permitted in accordance with provisions of Act, rules, etc.
  13. Section 11APower of Gram Sabha to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant.
  14. Section 12Power of Gram Sabha to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant.
  15. Section 13Prohibition of sale, etc., of liquor.
  16. Section 14Prohibition of export, import, transport, sale, manufacture, etc., of intoxicating drugs.
  17. Section 15Prohibition of import, export, transport, sale, etc., of sweet toddy.
  18. Section 16Prohibition of tapping of toddy producing trees and drawing of toddy.
  19. Section 17Prohibition of possession, etc., of opium.
  20. Section 18Prohibition of sale to minors.
  21. Section 19(Deleted.)
  22. Section 20Prohibition or production, etc., of charas.
  23. Section 21Alteration of denatured spirit.
  24. Section 21AAlteration of denatured spirituous preparation.
  25. Section 22Prohibition of allowing any premises to be used as common drinking house.
  26. Section 22AProhibition of issuing prescriptions for intoxicating liquor except by registered medical practitioners.
  27. Section 23Prohibition of soliciting use of intoxicant or hemp or doing any act, calculated to incite or encourage member of public to commit offence.
  28. Section 24Prohibition of publication of advertisements relating to intoxicant, etc.
  29. Section 24AThis Chapter not to apply to certain articles.
  30. Section 25Exemption of preparations.
  31. Section 26Distilleries and warehouses for intoxicants.
  32. Section 27Intoxicant or hemp not to be removed from warehouse, etc.
  33. Section 28Passes for import, etc.
  34. Section 29Through transport.
  35. Section 30(Deleted)
  36. Section 31Licences for bona fide medicinal or other purposes.
  37. Section 31ALicences for purchase, etc., of liquor for manufacture of articles mentioned in section 24A.
  38. Section 32Licences for tapping for neera.
  39. Section 33Trade and import licences.
  40. Section 34Vendor’s Licence
  41. Section 35Hotel Licences.
  42. Section 36(Deleted)
  43. Section 37(Deleted)
  44. Section 38Licences to shipping companies and to Masters of ships.
  45. Section 39Permission to use or consume foreign liquor on warships, troop ships and in messes and canteens of armed forces.
  46. Section 40Permits.
  47. Section 40AHealth permits.
  48. Section 40BEmergency permits.
  49. Section 41Special permits to foreign sovereigns, etc.
  50. Section 42(Deleted)
  51. Section 43Regulation of use or consumption of foreign liquor by certain permit-holders.
  52. Section 44Licence to clubs.
  53. Section 45Authorization for sacramental purposes.
  54. Section 46Visitor’s permit.
  55. Section 46ATourist’s permit
  56. Section 47Interim permits.
  57. Section 48Permits for consumption or use of intoxicating drugs or opium.
  58. Section 48APermits to be non-transferable.
  59. Section 49Exclusive privilege of Government to import, etc., intoxicants, etc. and fees levied include rent or consideration for grant of such privilege to person concerned.
  60. Section 50(Deleted)
  61. Section 51(Deleted)
  62. Section 52Power of authorized officer to grant licences, permits and passes in certain cases.
  63. Section 53General conditions regarding licences, etc.
  64. Section 53ACertain licensees required to keep measures, etc.
  65. Section 54Power to cancel or suspend licences and permits.
  66. Section 55Holder of licence, etc., not entitled to compensation or refund of fee for cancellation or suspension thereof.
  67. Section 56Holder of licence, etc., not entitled to compensation or refund of fee for cancellation or suspension thereof.
  68. Section 57Attachment of licence.
  69. Section 58Right, title or interest under licence not liable to be sold or attached in execution.
  70. Section 58ASupervision over manufacture, etc.
  71. Section 59Commissioner entitled to require licence holder or owner to dispose of stocks.
  72. Section 59AAControl on manufacture, etc., of articles mentioned in section 24A.
  73. Section 59AManufacture of articles mentioned in section 24A.
  74. Section 59BAnalysis of articles mentioned in section 24A.
  75. Section 59CProhibition against possession of denatured spirituous preparation in excess of prescribed limit and the regulation of its possession in excess of prescribed limit.
  76. Section 59DRegulation of manufacture, etc., of denatured spirituous preparations.
  77. Section 60Prohibition of export or import of mhowra flowers. Control and regulation of transport, sale, etc., of mhowra flowers.
  78. Section 61Control of export, etc., of molasses.
  79. Section 62Provisions of sections 53 to 59 to apply to licences granted under section 61.
  80. Section 63Provision of Act in relation to molasses to be in addition to, and not in derogation of Bom. XXXVIII of 1956.
  81. Section 64(Deleted.)
  82. Section 65Penalty for illegal import, etc. of intoxicant or hemp.
  83. Section 66Penalty for illegal cultivation and collection of hemp and other matters.
  84. Section 66APenalty for illegal import, etc., of opium.
  85. Section 67-IAPenalty for alteration or attempting to alter denatured spirituous preparation.
  86. Section 67-IBPenalty for contravention of provision regarding prescriptions.
  87. Section 67APenalty for manufacturing articles mentioned in section 24A in contravention of the provisions of section 59A
  88. Section 67BPenalty for failure to satisfy the Commissioner under sub-section (1) or to comply with a requisition under sub-section (2) of section 59B.
  89. Section 67CPenalty for possessing, etc., denatured spirituous preparations in contravention of provisions of section 59C and 59D.
  90. Section 68Penalty for opening, etc., of common drinking house.
  91. Section 69Penalty for illegal import, etc., of mhowra flowers.
  92. Section 70Penalty for illegal import, etc., of molasses.
  93. Section 71(Deleted)
  94. Section 72Penalty for removal of intoxicant, etc.
  95. Section 73Penalty for printing or publishing advertisements in contravention of provisions of Act, etc.
  96. Section 74Penalty for printing or publishing advertisements in contravention of provisions of Act, etc.
  97. Section 75Penalty for inciting or encouraging certain acts.
  98. Section 75APenalty for contravention of provisions of section 43.
  99. Section 76Penalty for neglect to keep measures, etc.
  100. Section 77Penalty for misconduct by licensee, etc.
  101. Section 78Penalty for misconduct by licensed vendor or manufacturer.
  102. Section 79Liability of licensee for acts of servants.
  103. Section 80Import, export, etc., of intoxicant by any person on account of another.
  104. Section 81Penalty for attempt or abetment.
  105. Section 82Breach of licence, permit, etc., to be an offence.
  106. Section 83Penalty for conspiracy.
  107. Section 84Penalty for being found drunk in any drinking house.
  108. Section 85Penalty for being drunk and for disorderly behaviour.
  109. Section 86Penalty for allowing any premises to be used for purpose of committing an offence under Act.
  110. Section 87Penalty for chemist, druggist or apothecary for allowing his premises to be used for purpose of consumption of liquor.
  111. Section 88Penalty for issuing false prescriptions.
  112. Section 89Penalty for maliciously giving false information.
  113. Section 90Penalty for offences not otherwise provided for.
  114. Section 91Demand for security for abstaining from commisssion of certain offences.
  115. Section 92(Deleted).
  116. Section 93Demand of security for good behaviour.
  117. Section 94Execution of bonds in respect of minors.
  118. Section 95Punishment for vexatious search, seizure or arrest.
  119. Section 96Punishment for vexatious delay.
  120. Section 97Punishment for abetment for escape of persons arrested.
  121. Section 98Things liable to confiscation.
  122. Section 99Return of things liable to confiscation to bona fide owners.
  123. Section 100Procedure in confiscation.
  124. Section 101Power of Colletor, etc., to order sale or destruction of articles liable to confiscation.
  125. Section 102Forfeiture of any publication containing advertisement or matter soliciting use of intoxicants.
  126. Section 103Presumption as to commission of offences in certain cases.
  127. Section 103A(Deleted)
  128. Section 104Compounding of offences.
  129. Section 104ABombay Probation of Offenders Act, 1938, and section 562 of Code of Criminal Procedure, 1898, not to apply to persons convicted of offence under this Act.
  130. Section 105Excise duties.
  131. Section 106Manner of levying excise duties.
  132. Section 107(Deleted)
  133. Section 107ADeclaration of stock of articles mentioned in section 24A; maintenance of accounts and submission of returns.
  134. Section 107BPower to obtain information and to search and seize excisable articles.
  135. Section 108Penalty for import, export, etc. of intoxicant etc. without payment of duty.
  136. Section 109Duty on tapping of toddy trees.
  137. Section 110Duty by whom payable.
  138. Section 111Owner of trees entitled to assistance for duty paid.
  139. Section 112Privilege of drawing toddy from trees belonging to Government.
  140. Section 113(Deleted)
  141. Section 114Recovery of duties, etc.
  142. Section 115Magistrate’s power to impose enhanced penalties.
  143. Section 116Procedure to be followed by Magistrates.
  144. Section 116ATender of pardon to accomplice.
  145. Section 117Investigations, arrests, searches, etc., how to be made.
  146. Section 118Procedure of Code of Criminal Procedure relating to cognizable offences to apply.
  147. Section 119Certain offences to be non-bailable.
  148. Section 120Power of entry and inspection.
  149. Section 121Power to open packages, etc.
  150. Section 122Power to require production of licences.
  151. Section 123Arrest of offenders and seizure of contraband articles.
  152. Section 124Power to obtain information.
  153. Section 125Power to seize intoxicants, etc.
  154. Section 126Arrest without warrant.
  155. Section 127Arrest of offenders failing to give names.
  156. Section 128Issue of warrants.
  157. Section 128ACertain provisions to apply to denatured sprituous preparations.
  158. Section 129Prohibition officers may be empowered to investigate offences.
  159. Section 129APower to require persons to submit to medical examination, etc.
  160. Section 129BDocuments or reports of registered medical practitioner, etc., as evidence.
  161. Section 130Arrested persons and things seized to be sent to officer-in-charge of police station.
  162. Section 131Bail by Prohibition Officer.
  163. Section 132Articles seized.
  164. Section 133Duty of officers of Government and local authorities to assist.
  165. Section 134Offences to be reported.
  166. Section 134AEstablishment of Gram Rakshak Dal.
  167. Section 135Landlords and others to give information.
  168. Section 136(Deleted)
  169. Section 137Appeals.
  170. Section 138Revision.
  171. Section 139General powers of State Government in respect of licences, etc.
  172. Section 140Power of State Government to prohibit, regulate or control consumption or use of intoxicants, etc., in public place.
  173. Section 141Employment of additional police.
  174. Section 142Power of Collector to close places where intoxicant or hemp is sold in certain cases.
  175. Section 143Power of State Government to make rules.
  176. Section 144Commissioner’s powers to make regulations.
  177. Section 145Officers and persons acting under this Act to be public servants.
  178. Section 146Bar of proceedings.
  179. Section 146ALimitation of prosecutions or suits against officers.
  180. Section 146BProvisions of Act not to apply to Government.
  181. Section 147Provisions of this Act not to apply to import or export across customs frontier.
  182. Section 148Repeal and amendments.
  183. Section 149Further repeals and savings consequent on commencement of Bom. XXV of 1949 in other area’s of State.