BOMBAY PROHIBITION ACT 1949 BARE ACT PDF

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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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Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees; and.

Return of things liable to confiscation to bona fide owners. 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.

Duty on tapping of toddy trees. Amended by Bombay 12 of Provided that where a person who is reasonably suspected of having committed an offence under section 3[69, 70, or]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:.

Certain provisions to apply to denatured spirituous preparations. No more alcohol shall be used in the manufacture of any of the articles mentioned in section 24A than the quantity necessary for extraction or solution for the elements contained therein and for the preservation of the articles: Every person who manufactures or sells any intoxicant or hemp under a licence granted under this Act, shall be bound.

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

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Officers and persons acting under this Act to be public servants. Penalty for possessing, etc. 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 purpose:.

Permits to be non-transferable. Provided that 4[such article] corresponds with the description and limitations mentioned in section 59A:. This Chapter not to apply to [certain articles].

The Bombay Prohibition Act, 1949

Licences for bona fide medicinal or other purposes. Prohibition of sale of toddy.

Other Boards and Committees. This Act received assent of the Governor General on the 15th May, Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees.

bombay prohibition act

Amended by Bombay 67 of 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 prohinition six months and fine shall riot be less than one 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 three months and fine shall not be less than five hundred rupees; ii for a second offence, with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees: Alteration of denatured spirituous preparation.

Notwithstanding anything in this Act, it shall be lawful for any officer authorised by the 1[State] Government in this behalf to grant any licences, passes or permits for import, export, transport, possession, sale. Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the Judgment of the Bae, such imprisonment shall not be less than six months and fine shall not be less than one thousand rupees.

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So far as section 12 c relates to the transport and possession of such preparations by a person not less than 21 years of age. Provided that the ,[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 aft. In those areas of the State to which it is extended by the Bombay Prohibition Extension and Amendment Act, Bom XII of it shall come into force on such other date as that Government may, by like notification, appoint:.

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.

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

Amended by Bombay 18 of Licences, for purchase, etc. 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, V of XXII ofshall apply mutatis mutandis to the recovery of such tax or rate. Provisions of this Act not to apply to import or export across customs frontier.

Demand for security for abstaining from commission of certain offences. 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.

Prohibition of import, export, transport, sale etc. Passes for import, etc. This Chapter not to apply to certain articles. Chapter V Mhowra Flowers No holder of bombxy 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 prohibitiob or deposit made in respect thereof.