BOMBAY PROHIBITION ACT 1949 BARE ACT PDF

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

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In all trials for offences under this Act, the Magistrate shall follow the procedure prescribed in the Code of Criminal Procedure, 3 V offor sct trial of summary cases in which an appeal lies. Duty of officers of Government and local authorities to assist. Provided that every licence, permit, pass or authorization shall be granted only on the conditions that the [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 the provisions of this Act.

Prohibition of sale, etc. 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 baer the prescribed form, the percentage of alcohol and such other particulars as may be necessary or relevant. 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 licence, permit, pass, 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 bo,bay 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.

Prohibition of import, export, transport, sale etc. Power to obtain information and to search and seize excisable articles.

So far as section 12 d relates to buying of such preparations by a person not less than 21 years of age. 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 3 [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.

Provided that during any such vacancy the continuing members may act, as if no vacancy had occurred. Officers and persons acting under this Act to be public servants. Alteration of denatured spirituous preparation. Prohibition of publication of advertisements relating to intoxicant, etc.

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.

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Provided that the 7[State] Government is satisfied that such hotel has ordinarily a sufficient number of boarders eligible to hold permits.

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. Licences for tapping [neera]. 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.

Penalty for misconduct by licensed vendor or manufacturer. Rules for levy of duty on opium, etc. Investing officers of Police and other departments with powers and duties under this Act. C any penalt forfeiture or punishment incurred in respect of am offence committed against any Acts so repealed.

Amended by Bombay 22 of Bobay 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.

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

BOMBAY PROHIBITION ACT, – Indian Bare Act / Law / Statute / Kanoon – LawyerServices

When the duty on toddy-producing trees, is levied from the owner of the trees, he shall be entitled to assistance bomaby 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.

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 profits received from such management after meeting all bobay 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.

Which has not been submitted to any manipulations other than those necessary for packing and transport:.

In exercise of their powers and in discharge of their duties and functions under the provisions of this Act or rules, regulations or orders made thereunder all Prohibition Officers and all officers including the officers of the Police and other departments shall, subject to the general or special orders of the 3 [State] Government be subordinate to bbombay under the control of the 4 [Commissioner] and shall be bound to follow such orders as the 5 [Commissioner] may, from time to time make.

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If any person in respect of avt a bond is ordered to be executed under ‘[Sections 91 and 93] is a minor, the bond shall be executed by his guardian. Penalty for attempts or abetment. Provided further 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 they have fallen from a tree.

Cancellation for other reasons. 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. Bombay Probation of Offenders Act,and section of Code of Criminal Procedure,not to apply to persons convicted of offence under this Act.

Prohibition of export or import of Mhowra Flowers. No holder of a licence, permit pass or authorisation shall be entitled to any compensation for the cancellation or suspension of the licence, permit, pass or authorisation under Section 54 nor to a refund of any fee or deposit made in respect thereof.

Certain offences to be non-bailable. Documents or reports of registered medical practitioner, etc. Alteration of denatured prohibitiion.

Provided that where payments 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: MEDICAL BOARDS l The 10 [State] Government may constitute one or more medical boards 11 [or panels thereof] for such areas and consisting of such members as it may deem fit; bxre A medical board 12 [or a panel thereof] so constituted shall perform such functions 13 [as are prescribed]; 3 The procedure regarding the work of the medical board 14 [or a panel thereof] shall be as may be prescribed.

Provided further that, no licence shall prohibitkon necessary for the possession of denatured spirit to the extent of such quantity prohibitikn may be prescribed. Privilege of drawing toddy from trees belonging to Government. Permits to be non-transferable.

The Bombay Prohibition Act, 1949

Licences for tapping neera. Amended prohbiition Bombay 12 of Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the court, such imprisonment acf not be less than six months and fine shall not be less than [ten thousand rupees] ; iii for a third or subsequent offence, with imprisonment for a term which may extend to two years and aact fine which may extend to [twenty thousand rupees]: Commissioner’s powers to make regulations.

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.