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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WHEREAS it is expedient to prohibitio and prohibiiton 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 ‘[State] of Bombay for the said purpose and to provide for certain other purposes hereinafter appearing. Penalty for manufacturing [articles mentioned in section 24A] in contravention of the provisions of section 59A. Special permits to foreign sovereigns, etc.
Provided that, in the prohibiion 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 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 six months and fine shall not be less than one thousand rupees; iii for a third and subsequent prohibitioh, with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees: Power to cancel or suspend licences and permits.
The Bombay Prohibition Act, – Wikipedia
On examining the record, it may either annul, reverse, modify or confirm such order, or pass such other order as it may deem fit. XIX ofor 6[in any law corresponding to that Act in force in any part of the State or in the Probation of Offenders Act,XX ofwhere that Act is brought into force in any part of the State or in] Section of, the Code of Criminal Procedure, V ofshall apply to any person convicted of any offence under this Act].
XII ofthe Acts mentioned in Schedule III and in force in that area, shall, to the extent specified in the fourth column thereof, stand repealed:. Prohibition of export or import of Mhowra Flowers. 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:.
Presumption as to commission of offences in certain cases.
Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such bomhay shall not be less than three months and fine prohibitionn not be less than five hundred rupees. The 3[State] Government may, by rules or an order in writing, authorize an officer to grant licences to any shipping company for each ship 4[or to the Master of any ship] to sell foreign liquor 5[and to permit the use or consumption of foreign liquor on such ship on such conditions as may be prescribed].
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 8[State] Government and subject to such general or special orders as the 9[State] Government may from time to time 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:.
Demand of security for good behaviour.
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. Amended by Bombay 67 of Provided that during any such vacancy the continuing members may act, as if no vacancy had occurred.
Provided further that no person shall be punished in respect of any mhowra bobay which are either growing on a tree or are lying uncollected on the ground as they have fallen from a tree. Liability of licensee for acts of servants.
Arrest of offenders and seizure of contraband articles. Return of things liable to confiscation to bona fide owners. 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, XXXII ofor the Sea Customs Act, VIII of9[or on any medicinal or toilet preparation containing alcohol, opium, hemp or other narcotic drugs or narcotics.
Whoever is guilty of any wilful act or intentional omission in contravention of the provisions of this Act, or any rule, regulation, or order thereunder or of any licence, permit, pass or authorisation granted, under this Act, and if such act or omission is not prohibiion made an offence under this Act shall, on conviction, be punished with the imprisonment for a term which may bojbay to six months or with fine which may extend to five hundred rupees or with both.
The members so appointed shall hold during the pleasure of the State Government. 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. Penalty for illegal cultivation and collection prohbition hemp and other matters. Penalty for attempts or abetment. Distilleries and warehouses for intoxicants.
The Bombay Prohibition Act, 1949
General powers of State Government prohibirion respect of licences, etc. Provided further that, no licence shall be necessary for the possession of denatured spirit to the extent of such quantity as may be prescribed. If a 2[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 authorisation granted under this Act, he shall, on zct, be punished with imprisonment for a term which may extend to six months or with fine which may bkmbay to one thousand rupees or with both.
If any person in respect of whom a bond is ordered to be executed under ‘[Sections 91 and 93] is a minor, the bond shall be executed by his guardian. Permits for consumption or use of intoxicating drugs or opium.
The Bombay Prohibition Act Complete Act – Citation – Bare Act | LegalCrystal
Sectionin so far as it relates to the power to sanction the acceptance of sum of money in lieu of cancellation or suspension of a licence, permit or authorization provided that the sum of money to be accepted In each case does not exceed [five thousand rupees]. Prohibition of issuing prescriptions for intoxicating liquor except by registered medical practitioners.
Amended by Baee 12 of Penalty for manufacturing articles mentioned in section 24A in contravention of the provisions of section 59A. Notwithstanding anything contained in section 11 or any other provisions of this Act, in respect of any Scheduled Area falling within the bomby 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 Ach and or the Panchayat Samiti or the Zilla Parishad to enforce prohibition or to regulate or to restrict the sale and consumption of intoxicant in Scheduled Areas within its jurisdiction:.