Maharashtra Prohibition Act
No: 25 Dated: May, 20 1949
THE MAHARASHTRA PROHIBITION ACT
ACT No. XXV OF 1949
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
Whereas it is expedient to amend and consolidate the Saw 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 provide for certain other purposes hereinafter appearing; It is hereby as follows:-
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be cited as the Maharashtra Prohibition Act.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force in the area comprising the pre-Reorganisation State of Bombay on such date as the State Government may by notification in the Official Gazette Specify.
In those areas of the State to which it is extended by the Bombay Prohibition Bombay (Extension and Amendment) Act, 1959, it shall come into force on such other dates that Government may, by like notification, appoint:
Provided that having regard to the nature of the out still 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 1-A.
(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.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-
(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, port or similar receptacle for the purpose of sale, whether any process of manufacture be employed or not; bottling includes re-bottling;
(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;
(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 Commission under this Act;
(6) "Committee or board" means a committee or board appointed by the 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;
(8) "country liquor" includes all liquor produced or manufactured in India;
(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;
(10a) "denatured spirituous preparation" means any preparation made with denatured spirit or denatured alcohol and includes lacquers, French Polish and varnish prepared out of such spirit or alcohol;
(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 or hemp,
(c) opium.
(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 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;
(16) "export" (except in section 147) means to take out of the State otherwise than across a customs frontier. * * *;
(17) "foreign liquor" means ail liquor produced or manufactured outside India:
Provides that the State Government may, by notification in the Official Gazette, declare, that any specified description of country liquor shall, for the purpose of this Act, be deemed to be foreign liquor;
(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;
(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 State otherwise than across a customs frontier. * * *;
(21) "interim permit" means a permit granted under section 47;
(22) "intoxicant" means any liquor, intoxicating drug, opium or any other substance, which the 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 neutral materials of any of the above forms of intoxicating drug, or any drink prepared therefrom; *
(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) spirits, denatured spirits, wine, beer, toddy and all liquids consisting of or containing alcohol; and
(b) any other intoxicating substance while the State Government may, by notification in the Official Gazette, declare to be liquor for the purposes of this Act;
(25) "manufacture" includes -
(a) every process whether natural or artificial by which any liquor or intoxicating drug is produced, prepared or blended and also re-distillation and every process for the 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;