(1) This Act may be cited as 1[the Maharashtra Prohibition Act.]
In this Act, unless there is anything repugnant in the subject or context,-
The 1[State] Government may, by notification in the Official Gazette, appoint an officer to be called the 2[Commissioner of Prohibition and Excise], who subject to the control of the 3[State] Government and subject to such general or special orders as the 4[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 :
(1) The Collectors shall, within the limits of their jurisdiction 1* * * * * * * exercise such powers and perform such duties and functions as are provided by or under the provisions of this Act.
To aid the 1[Commissioner] and the Collectors in carrying out the provisions of this Act, the 2[State] Government may appoint such subordinate officers with such designations, and assign to them such powers, duties and functions under this Act, rules or regulations or orders made thereunder, as may be deemed necessary.
(1) The 1[State ] Government may invest any officer of the Police department or any officer of any other department either personally or in right of his office with such powers, impose upon him such duties and direct him to perform such functions under this Act, rules or regulations or orders made thereunder, as may be deemed necessary and any such officers shall, thereupon, exercise the said powers, discharge the said duties and perform the said functions in addition to the powers, duties and functions incidental to his principal office.
1[6A. Board of Experts. 2](1) 3[For the purpose of enabling the State Government to determine ] whether-
1[Other Boards and committees].- (1) The 2[State] Government may appoint 3[other boards and committees] to advise and assist officers in carrying out the provisions of this Act.
(1) The 1[State ] Government may constitute one or more medical boards 2[or panels thereof[ for such areas and consisting of such members as it may deem fit.
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 1[State] Government be subordinate to and under the control of the 2[Commissioner] and shall be bound to follow such orders as the 3[Commissioner] may, from time to time make.
(1) The 1[State] Government may delegate any of the powers exercisable by it under this Act to the 2[Commissioner] or such other officers as it deems fit.
Notwithstanding anything contained in the following provisions of this Chapter, it shall be lawful to import, export, transport, manufacture 1[bottle], sell, buy, possess, use or consume any intoxicant or hemp 2[or to cultivate or collect hemp] or to tap any toddy producing tree or permit such tree to be tapped or to draw toddy from such tree or permit toddy to be drawn therefrom in the manner and to the extent provided by the provisions of this Act 3[or] any rules, regulations or orders made or in accordance with the terms and conditions of a licence, permit, pass or authorization granted thereunder.
1[11A. Power of Gram Sabha to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant.- Notwithstanding anything contained in section 11 or any other provisions of this Act, in respect of any Scheduled Area falling within the jurisdiction 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 Panchayat or the Panchayat Samiti or the Zilla Parishad to enforce prohibition or to regulate or restrict the sale and consumption of intoxicant in Scheduled areas within its jurisdiction :
No person shall-
No person shall-
No person shall-
No person shall-
No person shall—
No person shall-
18. Prohibition of sale to 1[minors].- 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 2[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.
1[Prohibition of sale of toddy] Deleted by Bom. 22 of 1960. s. 10.
No person shall-
No person shall-
1[21A. Alteration of denatured spirituous preparation.- No person shall-
No person shall-
1[22A. Prohibition of issuing prescriptions for intoxicating liquor except by registered medical practitioners.- (1)No person other than a registered medical practitioner, shall issue any prescription for any intoxicating liquor.
No person shall-
(1) No person shall print or publish in any newspaper, news-sheet, book, leaflet, booklet or any other single or periodical publication or otherwise display or distribute any advertisement or other matter,-
1[24A.This Chapter not to apply to 2[certain articles.].-Nothing in this Chapter shall be deemed to apply to-
(1) This Act may be cited as 1[the Maharashtra Prohibition Act.]
In this Act, unless there is anything repugnant in the subject or context,-
The 1[State] Government may, by notification in the Official Gazette, appoint an officer to be called the 2[Commissioner of Prohibition and Excise], who subject to the control of the 3[State] Government and subject to such general or special orders as the 4[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 :
(1) The Collectors shall, within the limits of their jurisdiction 1* * * * * * * exercise such powers and perform such duties and functions as are provided by or under the provisions of this Act.
To aid the 1[Commissioner] and the Collectors in carrying out the provisions of this Act, the 2[State] Government may appoint such subordinate officers with such designations, and assign to them such powers, duties and functions under this Act, rules or regulations or orders made thereunder, as may be deemed necessary.
(1) The 1[State ] Government may invest any officer of the Police department or any officer of any other department either personally or in right of his office with such powers, impose upon him such duties and direct him to perform such functions under this Act, rules or regulations or orders made thereunder, as may be deemed necessary and any such officers shall, thereupon, exercise the said powers, discharge the said duties and perform the said functions in addition to the powers, duties and functions incidental to his principal office.
1[6A. Board of Experts. 2](1) 3[For the purpose of enabling the State Government to determine ] whether-
1[Other Boards and committees].- (1) The 2[State] Government may appoint 3[other boards and committees] to advise and assist officers in carrying out the provisions of this Act.
(1) The 1[State ] Government may constitute one or more medical boards 2[or panels thereof[ for such areas and consisting of such members as it may deem fit.
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 1[State] Government be subordinate to and under the control of the 2[Commissioner] and shall be bound to follow such orders as the 3[Commissioner] may, from time to time make.
(1) The 1[State] Government may delegate any of the powers exercisable by it under this Act to the 2[Commissioner] or such other officers as it deems fit.
Notwithstanding anything contained in the following provisions of this Chapter, it shall be lawful to import, export, transport, manufacture 1[bottle], sell, buy, possess, use or consume any intoxicant or hemp 2[or to cultivate or collect hemp] or to tap any toddy producing tree or permit such tree to be tapped or to draw toddy from such tree or permit toddy to be drawn therefrom in the manner and to the extent provided by the provisions of this Act 3[or] any rules, regulations or orders made or in accordance with the terms and conditions of a licence, permit, pass or authorization granted thereunder.
1[11A. Power of Gram Sabha to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant.- Notwithstanding anything contained in section 11 or any other provisions of this Act, in respect of any Scheduled Area falling within the jurisdiction 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 Panchayat or the Panchayat Samiti or the Zilla Parishad to enforce prohibition or to regulate or restrict the sale and consumption of intoxicant in Scheduled areas within its jurisdiction :
No person shall-
No person shall-
No person shall-
No person shall-
No person shall—
No person shall-
18. Prohibition of sale to 1[minors].- 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 2[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.
1[Prohibition of sale of toddy] Deleted by Bom. 22 of 1960. s. 10.
No person shall-
No person shall-
1[21A. Alteration of denatured spirituous preparation.- No person shall-
No person shall-
1[22A. Prohibition of issuing prescriptions for intoxicating liquor except by registered medical practitioners.- (1)No person other than a registered medical practitioner, shall issue any prescription for any intoxicating liquor.
No person shall-
(1) No person shall print or publish in any newspaper, news-sheet, book, leaflet, booklet or any other single or periodical publication or otherwise display or distribute any advertisement or other matter,-
1[24A.This Chapter not to apply to 2[certain articles.].-Nothing in this Chapter shall be deemed to apply to-
The 1[State] Government may, by notification in the Official Gazette, direct that any preparation containing alcohol not exceeding a specified percentage by volume shall be exempt from any of the provisions of this Act or rules, regulations or orders made thereunder.
The 1[State Government] may-
No 1[intoxicant], hemp, mhowra flowers or molasses shall be removed from any distillery, warehouse or other place of storage established or licensed under this Act, except under a pass and unless the duty, if any, imposed under the provisions of this Act, has been paid or a bond has been executed for the payment thereof.
(1) The 1[State] Government may, by general or special order, authorise a Collector or any other officer to grant passes for the import, export or transport, of any 2[intoxicant] or hemp.
1[Through transport.-The through transport-
[Licence for possession of denatured or rectified spirit and alcohol for industrial or medical purposes.] Deleted by Bom. 22 of 1960, s. 15]
1[Licences for bona fide medicinal or other purposes.-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 purposes :
1Licences for purchase, etc. of liquor for manufacture of 2[articles mentioned in section 24A].- The State Government may, by rules or an order in writing authorise an officer to grant licences for the purchase, possession or use of any liquor or alcohol for the manufacture of 3[any article mentioned in section 24A] on such conditions as may be prescribed.]
Licences for tapping for 1[neera].-The 2[State] Government may authorise an officer by rules or an order in writing to grant licences for 3[the tapping of, 4]and drawing juice from], any plam trees for the purpose of sale or consumption as neera or 5 * * * manufacture of gur or any other article which is not an intoxicant 6[and on a licence being granted to the person to whom the trees belong, or who is in possession of such trees, may permit them to be tapped or permit toddy to be drawn therefrom.]
(1) The 1[State] Government may, by rules or an order in writing, authorise an officer to grant a vendor’s licence 2[for the sale of foreign liquor.]
(1) The 1[State] Government may, by rules or an order in writing, authorise an officer to grant a vendorsqtss licence 2[for the sale of foreign liquor.]
(1) The 1[State[ Government may, by rules or an order in writing, authorize an officer to grant licences to the managers of hotels to sell foreign liquor to the holders of permits granted under this Act :
[Special import licences to hotels.] Deleted by Bom. 22 of 1960, s. 21.
[Dining car licences.] Deleted by Bom. 22 of 1960, s. 21.
38. Licences to shipping companies 1[and to Masters of ships[.-The 2[State] Government may, by rules or an order in writing, authorize an officer to grant licences to any shipping company for each ship 3[or to the Master of any ship] to sell foreign liquor 4[and to permit the use or consumption of foreign liquor on such ship on such conditions as may be prescribed].
39. Permission to use or consume foreign liquor on 1* * warships, troopships and in 2[messes and canteens of armed forces.].-The 3[State] Government may, on such conditions as may be specified 4[by a general or special order permit-
(1) The 1[State] Government may, by rules or an order in writing authorize an officer to grant permits for the use or consumption of foreign liquor to person on the following conditions :-
1[40A. Health permits.-(1) The State Government may by rules or orders in writing, authorize an officer to grant a health permit for the use or consumption of foreign liquor to any person who requires such liquor for the preservation or maintenance of his health :
(1) The State Government may by rules or orders in writing authorize an officer to grant emergency permits for the use or consumption of brandy, rum or champagne or any other kind of liquor to any person for his own use or consumption or to any head of a household for the use of his household for medicinal use on emergent occasions :
The 1[State] Government may grant special permits for the use or consumption of foreign liquor 2[to any person who is -
[Permits to be non -transferable.] Deleted by Bom. 22 of 1960, s. 26.
1[43. (1) No holder of a permit granted under any of the provisions of this Act other than section 40B shall drink in a public place 2* * *
(1) The 1[State] Government may, by rules or an order in writing 2[grant or authorise an officer to grant] licence; to a club approved by the 3[State] Government in this behalf to sell foreign liquor 4[to its members holding permits.]
(1) The 1[State] Government may, by rules or an order in writing, authorise an officer to grant any authorization to any person for the use of liquor for sacramental purposes :
1[46.Visitor’s permit.- (1) The State Government may, by rules or an order in writing, authorise an officer to grant a visitor’s permit for the purchase, possession, use or consumption of foreign liquor to a person who-
1[46A. 2[Tourist's permit.].-(1) The State Government may, by rules or an order in writing, authorise an officer to grant 4[a tourists permit] to consume, to use and buy foreign liquor to a person who is a tourist.
(1) Notwithstanding anything contained in sections 1[40A and 41] the 2[State] Government may, by rules or an order in writing, 3[authorize an officer to ] grant interim permits to persons applying for permits under any of the said provisions.
1[ 2[Permits] for consumption or use of intoxicating drugs 3[or opium]].- (1) The 4[State] Government may, by rules or an order in writing, authorise an officer to grant 5[permits] for the 6[consumption or use] of 7[intoxicating drugs] 8[or opium] in such quantities as may be prescribed.
1[48A. Permits to be non-transferable.-Permits granted under sections 40, 40A, 40B, 41, 46, 46A, 47 or 48 shall be non-transferable.]
1[49. Exclusive privilege of Government to import, etc. intoxicants, etc. and fees levied include rent or consideration for grant of such privilege to person concerned.- 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 rules or orders made 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 deemed 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.]
[Warehousing of opium] Deleted by Bom. 22 of 1960, s. 34.
[Rules for sale, etc. of warehoused intoxicant or hemp] Deleted by Bom. 22 of 1960, s. 34.
Notwithstanding anything in this Act, it shall be lawful for any officer authorized by the 1[State] Government in this behalf to grant any licences, passes or permits for import, export, transport, possession, sale, buying, cultivation, collection, manufacture, 2[bottling], consumption and use of any intoxicant, hemp, or mhowra flowers or molasses or for the tapping of any toddy producing tree or the drawing of toddy from such tree in cases other than those specifically provided under any of the provisions of this Act.
All licences, permits, passes or authorizations granted under this Act shall be in such form and shall, in addition to or in variation or substitution of any of the conditions provided by this Act, be subject to such conditions as may be prescribed and shall be granted on payment of the prescribed fee :
1[53A. Certain licensees required to keep measures, etc.- Every person who manufactures or sells any intoxicant or hemp under a licence granted under this Act, shall be bound-
(1) 1[The authority granting any licence, permit, pass or authorization under this Act may for reasons to be recorded in writing cancel or suspend it,]
No holder of a licence, permit, pass or authorization shall be entitled to any compensation for the cancellation or suspension of the licence, permit, pass or authorization under section 54 nor to a refund of any fee or deposit made in respect thereof.
(1) Whenever the authority granting a 1[licence, permit, pass or authorization] considers that it should be cancelled for any cause other than those specified in section 54, he may cancel 2[it] either-
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 the 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.
Notwithstanding anything contained in any law for the time being in force no right, title or interest in any licence, permit, pass or authorization granted under this Act shall be liable to be sold, transferred or attached in execution of any process of any civil or any other Court.
1[58A. Supervision over manufacture, etc.- The State Government may by general or special order direct that the manufacture, import, export, transport, storage, sale, purchase, use, collection or cultivation of any intoxicant, denatured spirituous preparation, hemp, mhowra flowers, or molasses shall be under the supervision of such Prohibition and Excise or Police staff as it may deem proper to appoint, and that the cost of such staff shall be paid to the State Government by the person manufacturing, importing, exporting, transporting, storing, selling, purchasing, using, collecting or cultivating the intoxicant, denatured spirituous preparation, hemp, mhowra flowers or molasses:
1[Commissioner] entitled to require licence holder 2or owner to dispose of stocks.- (1) Notwithstanding the fact that the period during which any licence, permit, pass or authorization is to be in force has not expired, the 3[Commissioner] may direct the holder thereof to dispose of his stock of intoxicant, 4[denatured spirituous preparation,] or hemp or mhowra flowers before such date as may be specified in the order.
1[Control on manufacture, etc., of articles mentioned in section 24A.No article mentioned in section 24A.- shall be manufactured, imported or exported, except under a licence which shall, subject to the provisions of any of rules made in that behalf, be granted by an officer authorised in that behalf by an order in writing by the State Government :
1[Analysis of articles mentioned in section 24A.-2[(1) Whenever the 3[Commissioner] has reason to believe that any of the articles mentioned in section 24A does not correspond with the description and limitations provided in section 59A, he shall cause an analysis of the said article to be made and if upon such analysis the 4[Commissioner] shall find the said article does not so correspond, he shall give not less than 15 days notice in writing to the person who is the manufacturer thereof or is known or believed to have imported 5[or obtained] such article to show cause why the said article should not be dealt with as the intoxicating liquor, such notice to be served personally or by registered post as the 6[Commisssioner] may determine, and shall specify the time when, place where, and the name of the officer before whom such person is required to appear.
(1) No person shall-
(1) No person shall export or import mhowra flowers except under a pass granted by the Collector or an officer authorised in this behalf.
(1) Except as otherwise provided in sub-sections (2) and (3), no person shall export, import, transport, sell or have in his possession any quantity of molasses.
The provisions of sections 53 to 59 1[(both inclusive)] shall so far as may be applicable, apply to licences or permits granted under section 61.
1[Provision of Act in relation to molasses to be in addition to and not in derogation of Bom. XXXVIII of 1956.-The provisions of this Act in relation to molasses shall be in addition to, and not in derogation of the provisions of the Bombay Molasses (Control) Act, 1956 (Bom. XXXVIII of 1956), or of any rule or order made thereunder.]
[Power of State Government to direct holder of stock of molasses to sell them at fixed price to any officer, person or class of persons.] Deleted by Bom. 26 of 1952, s. 30.
Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or of any licence, pass, permit or authorization granted thereunder-
1[(1) Whoever in contravention of the provisions of this Act or of any rule, regulation or order made or of any licence, permit, pass or authorization issued, thereunder-
1[66A. Penalty for illegal import, etc., of opium.-Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made thereunder or of any licence, pass, permit or authorisation granted by or under this Act, imports, exports, transports, consumes, uses, possesses, sells or buys opium, shall, on conviction, be punished for each such offence with imprisonment for a term which may extend to three years and also with fine :
1[(1) Whoever in contravention of section 21 alters or attempts to alter any denatured spirit or has in his possession any spirit in respect of which he knows or has reason to believe that any such alteration or attempt has been made shall, on conviction, be punished 2[with imprisonment for a term which shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty-five thousand rupees but which may extend to fifty thousand rupees or with both.]
1[67-1B. Penalty for contravention of provision regarding prescriptions.-Whoever-
1[67A. Penalty for manufacturing 2[articles mentioned in section 24A] in contravention of the provisions of section 59A.- (1) Whoever in contravention of the 3[provisions of section 59AA or, as the case may be, of section 59A]-
1[Penalty for failure to satisfy the 2[Commissioner] under sub-section (1), or to comply with a requisition under sub-section (2) of section 59B.-]3[(1)] If the manufacturer of any of the articles mentioned in section 24A fails to show to the satisfaction of the 4[Commissioner] that the article corresponds to the description and limitation provided in section 59A, his licence for the purchase, use or possession of liquor or alcohol for the manufacture of such article shall be revoked.
1[67C. Penalty for possessing etc., denatured spirituous preparations in contravention of provisions of sections 59C and 59D.- Whoever,-
Whoever,-
Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or licence, permit or pass granted thereunder, imports, exports, 1[collects], transports, sells, 2[buys] or has in his possession mhowra flowers 3[shall, on conviction, be punished with imprisonment for a term which may extend to two years or with fine which may extend to fifty thousand rupees or with both :]
Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or of any licence or permit granted thereunder, exports, imports, transports, sells or has in his possession molasses shall, on conviction, be punished with 1[imprisonment for a term which shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty-five thousand rupees but which may extend to fifty thousand rupees or with both.]
[Penalty for selling molasses at price exceeding fixed price.] Deleted by Bom. 26 of 1952, s. 33.
1[72. Penalty for removal of intoxicant, etc.- Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made, or pass granted, thereunder, removes any intoxicant, hemp, mhowra flowers or molasses from any distillery, warehouse, godowns or other place of storage established or licensed under this Act, shall, on conviction, be punished with imprisonment for a term which 2[shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty-five thousand rupees but which may extend to fifty thousand rupees or with both.]
Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made thereunder, prints, or publishes in any newspaper, newssheet, book, leaflet, booklet or any single or periodical publication or otherwise displays or distributes any advertisement or other matter-
Whoever, in contravention of a notification issued under sub-section (3) of section 24, circulates, distributes or sells any newspaper, news-sheet, book, leaflet, booklet or other publication printed and published outside the 1[State] which contains any advertisement or matter-
Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made thereunder,-
1[75A. Penalty for contravention of provisions of section 43.- Whoever in contravention of the provisions of section 43,-
Whoever, in contravention of the provisions of this Act, rule or regulation or order or condition of any licence, permit or pass granted under this Act,-
Whoever, being the holder of a licence, permit, pass or authorization granted under this Act or a person in the employ of such holder or acting with his express or implied permission on his behalf-
Whoever, being the holder of a licence for the sale or manufacture of any intoxicant under this Act, or a person in the employ of such holder or acting with his express or implied permission on his behalf-
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 :
(1) Whenever any intoxicant, hemp, mhowra flowers or molasses are manufactured, imported, exported, transported, sold, or are possessed by any person on account of any other person and such other person knows or has reason to believe that such manufacture, import, export, transport, sale or possession is, on his account, the intoxicant, hemp, mhowra flowers or molasses, as the case may be, shall, for the of purposes of this Act, be deemed to have been manufactured, imported, exported, transported or sold by or to be in possession of, such other person.
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.
(1) In the event of any breach by the holder of any licence, permit, pass or authorisation granted under this Act or by his servants or by any person acting with his express or implied permission on his behalf of any of the terms or conditions of such licence, permit, pass or authorisation such holder shall, in addition to the cancellation or suspension of the licence, permit, pass or authorisation granted to him be punished, on conviction, with imprisonment for a term which may extend to six months or with fine which may extend to 1five thousand or with both, unless it is proved that all due and reasonable precautions were exercised by him to prevent any such breach.
When two or more persons agree-
Whoever is found drunk or drinking in a common drinking house or is found there present for the purpose of drinking shall, on conviction, be punished with fine which may extend to 1[five thousand rupees]. Any person found in a common drinking house during any drinking therein shall be presumed, until the contrary is proved, to have been there for the purpose of drinking.
1[(1) Whoever in any street or thoroughfare or public place or in any place to which the public have or are permitted to have access, behaves in a disorderly manner under the influence of drink shall, on conviction, be punished,-
(1) Whoever, being the owner or occupier or having the use or care or management or control of any place, knowingly permits it to be used for the purpose of the commission by any other person of any offence punishable under this Act, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to 1[ten thousand rupees] or with both;
A chemist, druggist, apothecary or keeper of a dispensary who allows any liquor, which has not been bona fide medicated for medicinal purposes according to the prescription of a 1[registered medical practitioner] or any intoxicating drug to be consumed on his business premises by any person, shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to 2[ten thousand rupees] or with both.
If a 1[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 authorization granted under this Act, he shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to 2[ten thousand rupees] or with both.
Any person who maliciously and falsely gives information to any person exercising powers under this Act leading to a search, seizure, detention or arrest shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to 1[ten thousand rupees] or with both.
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 authorization granted under this Act, and if such act or omission is not otherwise made an offence under this Act shall, on conviction, be punished with the imprisonment for a term which may extend to six months or with fine which may extend to 1[five thousand rupees] or with both.
(1) Whenever any person is convicted of an offence punishable under this Act, the Court convicting such person, may, at the time of passing the sentence on such person, order him to execute a bond for a sum proportionate to his means with or without sureties to abstain from the commission of offences punishable under the provisions of this Act during such period not exceeding three years as it may direct.
[Release of offenders on bond.] Deleted by Bom. 67 of 1953, s. 2
(1) Whenever a 1[Presidency Magistrate specially empowered by the State Government in this behalf in 2Greater Bombay and elsewhere, a District Magistrate or Sub-Divisional Magistrate] receives information that any person within the local limits of his jurisdiction habitually commits or attempts to commit or abets the commission of any offence punishable under this Act such Magistrate may require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period not exceeding three years as the Magistrate may direct.
If any person in respect of whom a bond is ordered to be executed under 1[sections 91 and 93] is a minor, the bond shall be executed by his guardian.
Any officer or person exercising powers under this Act who-
1[96. Punishment for vexatious delay.- Any officer or person exercising powers under this Act who vaxatiously and unnecessarily delays forwarding to a Magistrate or to the officer-in-charge of the nearest police station as required by the provisions of this Act any person arrested or article seized under this Act shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to 2[ten thousand rupees] or with both.]
Any officer or person exercising power under this Act, who-
(1) Whenever any offence punishable under this Act has been committed-
When during the trial of a case for an offence under this Act the Court decides that anything is liable to confiscation under the foregoing section, the Court may, after hearing the person, if any, claiming any right thereto and the evidence, if any, which he produces in support of his claim, order confiscation, or in the case of any article other than an intoxicant, hemp, mhowra flowers or molasses give the owner an option to pay fine as the Court deems fit in lieu of confiscation :
When an offence under this Act has been committed and the offender is not known or cannot be found or when anything liable to confiscation under this Act is found or seized, the 1[Commissioner], Collector or any other officer authorised by the 2[State] Government in this behalf may make an inquiry and if after such inquiry is satisfied that an offence has been committed, may order the thing found to be confiscated:
If the thing in question is liable to speedy and natural decay, or if the 1[Commissioner], Collector, 2[Court] or the officer authorized by the 3[State] Government in this behalf is of opinion that the sale would be for the benefit of the owner, the 4[Commissioner], Collector, 5[Court] or the officer may at any time direct it to be sold and the provisions of section 99 or 100 shall apply so far as may be to the net proceeds of the sale:
102. Forfeiture of any publication containing advrtisement or matter 1[soliciting] use of intoxicants.- (1) Where any newspaper, news-sheet, book, leaflet or other publication wherever printed or published appears to the 2[State] Government to contain any advertisement or matter 3* soliciting the use of, or offering any intoxicant or hemp, the 4[State[ Government may, by notification in the Official Gazette, declare every copy of such newspaper, news-sheet, book, leaflet, booklet or other publication whether printed or published in the 5[State] or outside to be forfeited to 6[the State Government], and thereupon any Police Officer may seize the same wherever found in the 7[State]. Any Magistrate may by warrant authorize any Police Officer not below the rank of Sub-Inspector to enter upon and search for the same in any premises where any copy of such issue or any such newspaper, news-sheet, book, leaflet, booklet or other publication may be or may be reasonably suspected to be. 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, 1898 (V of 1998)8*.
(i) In prosecutions under any of the provisions of this Act, it shall be presumed without further evidence until the contrary is proved, that the accused person has, committted an offence under this Act in respect of any intoxicant, hemp, mhowra flowers or molasses or any still, utensil, implement or apparatus, whatsoever, for the manufacture of any intoxicant 1* * * *
[Report of certain registered medical officers as evidence]. Deleted by Bom. 12 of 1959, s. 12.
(1) The 1[State[ Government may sanction the acceptance from any person whose licence, permit, pass or authorization is liable to be cancelled or suspended under the 2[provisions of sections 54 and 56] or who is reasonably suspected of having committed an offence under sections 3[ 4[67A, 67B, 69, 73, 74, 76], 77, 82 or[ 108, of a sum of money in lieu of such cancellation or suspension or by way of composition for the offence which may have been committed, as the case may be; and in all cases in which any property other than the intoxicant, hemp, mhowra flowers or molasses has been seized as liable to confiscation under this Act may release the same on payment of the value thereof as estimated by the 5[State] Government or such officer as the 6[State] Government may authorize in this behalf :
1[104A.Bombay 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.-Nothing in the Bombay Probation of Offenders Act, 1938 (Bom. XIX of 1938), or 2[in any law corresponding to that Act in force in any part of the State or in the Probation of Offenders Act, 1958 (XX of 1958), where that Act is brought into force in any part of the State, or in] section 562 of the 3*Code of Criminal Procedure, 1898 (V of 1898), shall apply to any person convicted of any offence under this Act].
1[(1)] An excise duty or countervailing duty, as the case may be, at such rate or rates as the 2[State] Government shall direct may be imposed either generally or for any specified local area on-
Subject to any regulations to regulate the time, place and manner of payment made by the 1[Commissioner] in this behalf, the duties referred to in section 105 may be levied in one or more of the following ways:-
[Power to exempt, remit or refund excise duty]. Deleted by Bom. 22 of 1960, s. 69.
1[107A. Declaration of stock of articles mentioned in section 24A; maintenance of accounts and submission of returns.- Every person who imports or manufactures any of the articles mentioned in section 24A shall-
(1) The Collector or any officer empowered by the State Government in this behalf may, subject to such conditions as may be prescribed,-
1[108. Penalty for import, export, etc. of intoxicant etc. without payment of duty.-Whoever, holding a licence, permit, pass or authorization under this Act, imports, exports, transports, possesses, sells or manufactures any intoxicant without payment of duty or fee provided for under this Act shall, on conviction, in addition to the duty or fee required to be paid by him under this Act, be punished,- (a) for the first offence, with imprisonment for a term which may extend to one year and with fine which shall not be less than three times of the amount of the duty or fee evaded by him;
(1) For every toddy producing tree 1[which is tapped or licensed to be tapped or in respect of which a licence for drawing toddy therefrom is granted] there shall, if the 2[State] Government so directs, be levied for any period during which such tree is tapped or licensed to be tapped, such duty as the 3[State] Government may from time to time direct.
The duty on toddy producing trees shall be leviable primarily from the person holding the licence 1[to tap them and to draw toddy therefrom] and in default by him or if the trees are tapped without licence, from the owner of the trees.
When the duty on toddy producing trees, is levied from the owner of, the trees, he shall be entitled to assistance in 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.
The privilege of drawing toddy from trees the right to which vests in the 1[State] Government may be disposed of 2* by auction or otherwise on such terms as the Collector deems fit.
[Rules for levy of duty on opium, etc.] Deleted by Bom. 22 of 1960, s. 74.
1[114. Recovery of duties, etc.-(1) All duties, taxes, fines (except fines imposed by a Court) and fees leviable under any of the provisions of this Act or in respect of any licence, permit, pass or authorisation granted under it and the cost of the supervising staff appointed under section 58A 2[if not paid within the due date or the prescribed period, shall be recovered from any person liable to pay the same or from his surety, if any, with simple interest at the rate of 2 per cent. per month, from the date it has become due, as if they were arrears of land revenue].
1[115. Magistrate’s power to impose enhanced penalties.-Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (V of 1898), 2* it shall be lawful for any Presidency Magistrate or any Magistrate of the First Class to pass any sentence authorized by this Act in exercise of his powers under section 32 of the said Code, provided that the fine shall not exceed three thousand rupees.]
In all trials for offences under this Act, the Magistrate shall follow the procedure prescribed in the Code of Criminal Procedure, 1898(V of 1898) 1* for the trial of summary cases in which an appeal lies.
1[116A. Tender of pardon to accomplice.- (1) Whenever two or more persons are prosecuted for an offence under this Act, a Presidency Magistrate or any Magistrate of the First Class may, at any stage of the investigation or inquiry into or the trial of offence, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to the offence, tender a pardon to such person on condition of his making a full and true disclosure of all facts within his knowledge relating to the offence.
Save as otherwise expressly provided in this Act, all investigations, arrest, detentions in custody and searches shall be made in accordance with provisions of the Code of Criminal Procedure, 18981(V of 1898):
1[118. Procedure of Code of Criminal Procedure relating to cognizable offences to apply.-In the absence of any provision to the contrary in this Act, the provisions of the Code of Criminal Procedure, 1898(V of 1898)2 with respect to cognizable offences shall apply to offences under this Act.
Offences under 1[sections 65, 67, 67A, 67C, 68, 70, 72, and 83] shall be non-bailable].
1[120. Power of entry and inspection.- The 2[Commissioner], Collector or any Prohibition Officer duly empowered in this behalf by the State Government, or any Police Officer may-
(1) Any Prohibition Officer duly empowered in this behalf by the 1[State] Government or any Police Officer may open any package and examine any goods and may 2[stop and search] for any intoxicant, hemp, mhowra flowers, or molasses any vessel, vehicle or other means of conveyance 3[and may seize any intoxicant, hemp, mhowra flowers, molasses or any other thing liable to confiscation or forfeiture under this Act or any other law for the time being in force relating to excise revenue found while making such search.]
1[l22. (1) The 9[Commissioner] or Collector or any Prohibition Officer duly empowered in this behalf by the State Government or any Police Officer may- (a) require a licensed manufacturer or vendor or tapper or drawer of toddy or a person in the employ of such manufacturer or vendor or tapper or drawer of toddy or with his express or implied permission on his behalf to produce the licence, permit, pass or authorisation issued under this Act under which he carries on the manufacture, storage, or sale of any intoxicant, hemp, mhowra flowers or molasses or taps, toddy-producing trees or draws toddy therefrom; (b) enter and inspect, at any time by day or by night, any land on which toddy-producing trees are growing, whether such trees are licensed for tapping or not, and any warehouse, godown, shop or premises in which any licensed manufacturer or vendor manufactures, stores, or sells any intoxicant, hemp, mhowra flowers or molasses and examine, test, measure or weight any stock of any such articles or cause any such stock to be examined, tested, measured or weighed. (2) If any officer mentioned in sub-section (1) finds that the holder of a licence, permit, pass or authorization issued under this Act, or a person in the employ of such holder or acting with his express or implied permission on his behalf wilfully does or omits to do anything, which is an offence under this Act, such officer may seize any intoxicant, hemp, mhowra flowers or molasses or any material or article in respect of which the offence is committed any document or other article which he has reason to believe may furnish evidence of the commission of an offence under this Act and send a report to his official superior for such action as he deems fit].
1[122.Power to require production of licences.- (1) The 9[Commissioner] or Collector or any Prohibition Officer duly empowered in this behalf by the State Government or any Police Officer may-
(1) The 1[Commissioner] or Collector or any Prohibition Officer specially empowered in this behalf by the 2[State] Government or a Police Officer may, by order require any person to furnish to any specified authority or person any such information in his possession concerning any intoxicant, hemp, mhowra flowers or molasses as may be specified in the order.
The 1[Commissioner] or Collector or any Prohibition Officer duly empowered in this behalf or any Police Officer may-
The 1[Commissioner] or Collector or any Prohibition Officer duly empowered in this behalf by the 2[State] Government or any Police Officer may arrest without an order from a Magistrate and without warrant any person who obstructs him in the execution of his duties under this Act or who has escaped or attempts to escape from custody in which he has been or is lawfully detained under this Act.
(1) When any person who in the presence of the [Commissioner], Collector or any Prohibition Officer not below such rank as the 1[State] Government may determine, has committed or has been accused of committing an offence under this Act, refuses on demand of such officer to give his name and residence or gives a name and residence which such officer has reason to believe to be false, he may be arrested by such officer, in order that his name or residence may be ascertained.
(1) The 1[Commissioneric95463, Collector or any Prohibition Officer duly empowered in this behalf 2[or in 3Greater Bombay, a Deputy Commissioner of Police or 4[an Assistant Commissioner of Police]] in charge of a Division, or a Magistrate or 5[a Superintendent of Police] or an Assistant or Deputy Superintendent of Police specially empowered by the 6[State] Government in this behalf may issue a warrant-
1[l28A. Certain provisions to apply to denatured sprituous preparations.The provisions of sections 80, 98, 99, 103 (1), 104, 120, 121, 122, 123, 124, 125, 128, 135 and 139 shall apply to denatured sprituous preparations as they apply to any intoxicant under this Act.]
(1) The 1[State] Government may empower any Prohibition Officer to investigate offences under this Act.
1[129A. Power to require persons to submit to medical examination, etc.- (1) Where in the investigation of any offence under this Act, any Prohibition Officer, duly empowered in this behalf by the State Government or any Police Officer has reasonable ground for believing that a person has consumed an intoxicant and that for the purpose of establishing that he has consumed an intoxicant or for the procuring of evidence thereof it is necessary that his body be medically examined, or that his blood be collected for being tested for determining the percentage of alcohol therein, such Prohibition Officer or Police Officer may produce such person before a registered medical practitioner (authorised by general or special order by the State Government in this behalf) for the purpose of such medical examination or collection of blood, and request such registered medical practitioner to furnish a certificate on his finding whether such person has consumed any intoxicant and to forward the blood collected by him for test to the Chemical Examiner or Assistant Chemical Examiner to Government, or to such other Officer as the State Government may appoint in this behalf.
Any document purporting to be-
Every person arrested and thing seized by a Prohibition Officer under this Act, shall be sent to the officer-in-charge of the nearest Police Station 1[or to any other officer duly empowered under section 129 if the 2[Commissioner] in any particular case has directed such officer to conduct the investigation of the offence].
(1) Any Prohibition Officer empowered to investigate an offence under this Act shall have power to grant bail in accordance with the provisions of the Code of Criminal Procedure, 1898 (V of 1898)1, to any person arrested without a warrant for an offence under this Act.
1[When anything has been seized under the provisions of this Act by a Prohibition Officer exercising powers under section 129 or by on Officer-in-charge of a Police Station], or has been sent to him in accordance with the provisions of this Act, such officer, after such inquiry as may be deemed necessary, -
Duty of 1[officers of Government] and local authorities to assist. Every officer of the 2[Government] and every officer or servant of local authority, shall be 3[legally bound to assist any Prohibition Officer or] police officer or person authorised in this behalf in carrying out the provisions of this Act.
1[l34. Offences to be reported.- Every village officer or servant useful to Government, every officer of the State Government, and (with the consent of the Central Government) every officer of the Customs and Central Excise Departments, and every officer or servant of a local authority, and the Sarpanch of a Village Panchayat constituted under the 2Bombay Village Panchayats Act, 1958 (Bom. III of 1959), shall be bound -
1[l34A. Establishment of Gram Rakshak Dal. (1) The Village Panchayat constituted under the Maharashtra Village Panchayats Act (III of 1959) may, by resolution, or an application signed by not less than 25 per cent. of the Women voters of the Gram Sabha, may request the Sub-Divisional Magistrate of the area for convening a special Gram Sabha, for the purpose of establishment of Gram Rakshak Dal.
Every person who owns or occupies any land or building, or who is landlord of an estate residing in the village, and the agent of such owner, occupier or landlord of the land, building or estate, as the case may be, on or in which there has been any unlawful tapping of toddy producing trees or unlawful manufacture of any liquor or intoxicating drug or unlawful cultivation or collection of hemp, and every owner of a vessel or vehicle in which liquor or intoxicating drug is manufactured contrary to the provisions of this Act, shall in the absence of reasonable excuse, be bound to give notice of the same to a Magistrate or to a Prohibition Officer or to a Police Officer immediately the same shall have come to his knowledge].
[Power to arrest and make orders detaining or restricting movements or actions of persons.] Deleted by Bom. 26 of 1962, s. 50.
(1) All orders passed by any Prohibition Officer other than the Collector or 1[Commissioner] under this Act shall be appealable to the Collector at any time within sixty days from the date of the order complained of.
1138. Revision.- The State Government may call for and examine the record of any proceeding before any Prohibition Officer including that relating to the grant or refusal of a licence, permit or authorization under this Act for the purpose of satisfying itself as to the correctness, legality or propriety of any order passed in, and as to the regularity of, any such proceeding and may when calling for such record, direct that the order be not given effect to pending the examination of the record. On examining the record, it may either annul, reverse, modify or confirm such order, or pass such other order as it may deem fit.]
139. General powers of 1[State] Government in respect of licences, etc.- 2[(1)] Notwithstanding anything contained in this Act or the rules made thereunder, the 3[State] Government may, by general or special order,-
140. Power of 1[State] Government to prohibit, regulate or control consumption or use of intoxicants, etc., in public place.- The 2[State] Government may, by general or special order, prohibit, regulate or control, subject to such conditions as may be specified in the order, the consumption or use of any intoxicant or hemp, in any public place.
(1) If the 1[State] Government is satisfied that the inhabitants of any area are concerned in the commission or abetment of any of the offences punishable under sections 2[65, 66, 66A, 67, 67A, 67C, 68, 69 and 70] the 3[State] Government may, by notification in the Official Gazette, direct the employment of additional police 4[in that area] for such period as it thinks fit.
1142. Power of Collector to close places where intoxicant or hemp is sold in certin cases.- (1) If the Collector is of opinion that it is in the interest of public peace to close any place in which any intoxicant or hemp is sold it shall be lawful for the Collector by an order in writing to the persons holding a licence for the sale of such intoxicant or hemp to require him to close such place at such time or for such period as may be specified in the order.
143. Power of 1[State] Government to make rules.- (1) The 2State Government may make rules for the purpose of carrying out the provisions of this Act or any other law for the time being in force relating to excise revenues.
144. 1[Commissioners] powers to make regulations.-(1) The 2[Commissioner] may make regulations not inconsistent with the provisions of this Act or rules-
All officers and persons empowered to exercise any powers or to perform any functions under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (XLV of 1860).
No suit or proceeding shall lie against the 1[Government] or against any Prohibition, Police, or other officers or against any person empowered to exercise powers or to perform functions under this Act, for anything in good faith done or purporting to be done under this Act.
1l46A. Limitation of prosecutions or suits against officers.-(1) All prosecutions of any Prohibition, Police or other officers, or of any persons empowered to exercise powers or to perform functions under this Act, and all actions which may be lawfully brought against the Government or any of the aforesaid officers or persons, in respect of anything done or alleged to have been done in pursuance of this Act, shall be instituted within four months from the date of the act complained of and not afterwards; and any such action shall be dismissed-
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.]
For removal of doubts it is hereby declared that nothing in this Act shall be deemed to apply to any intoxicant or other article in respect of its import or export across the customs frontiers. 1* * * *
(1) The enactments specified in Schedule I are hereby repealed to the extent specified in the fourth column thereof and those specifed in Schedule II are hereby amended to the extent specified in the fourth column thereof.
1[149. Further repeals and savings consequent on commencement of Bom. XXV of 1949 in other areas of State.- 2On the commencement of this Act in any area of the State to which it is extended by the Bombay Prohibition (Extension and Amendment) Act, 1959 (Bom XII of 1959), the Acts mentioned in Schedule III and in force in that area, shall to the extent specified in the fourth column thereof, stand repealed :
1[Control on manufacture, etc., of articles mentioned in section 24A.No article mentioned in section 24A.- shall be manufactured, imported or exported, except under a licence which shall, subject to the provisions of any of rules made in that behalf, be granted by an officer authorised in that behalf by an order in writing by the State Government :
1[Analysis of articles mentioned in section 24A.-2[(1) Whenever the 3[Commissioner] has reason to believe that any of the articles mentioned in section 24A does not correspond with the description and limitations provided in section 59A, he shall cause an analysis of the said article to be made and if upon such analysis the 4[Commissioner] shall find the said article does not so correspond, he shall give not less than 15 days notice in writing to the person who is the manufacturer thereof or is known or believed to have imported 5[or obtained] such article to show cause why the said article should not be dealt with as the intoxicating liquor, such notice to be served personally or by registered post as the 6[Commisssioner] may determine, and shall specify the time when, place where, and the name of the officer before whom such person is required to appear.
(1) No person shall-
(1) No person shall export or import mhowra flowers except under a pass granted by the Collector or an officer authorised in this behalf.
(1) Except as otherwise provided in sub-sections (2) and (3), no person shall export, import, transport, sell or have in his possession any quantity of molasses.
The provisions of sections 53 to 59 1[(both inclusive)] shall so far as may be applicable, apply to licences or permits granted under section 61.
1[Provision of Act in relation to molasses to be in addition to and not in derogation of Bom. XXXVIII of 1956.-The provisions of this Act in relation to molasses shall be in addition to, and not in derogation of the provisions of the Bombay Molasses (Control) Act, 1956 (Bom. XXXVIII of 1956), or of any rule or order made thereunder.]
[Power of State Government to direct holder of stock of molasses to sell them at fixed price to any officer, person or class of persons.] Deleted by Bom. 26 of 1952, s. 30.
Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or of any licence, pass, permit or authorization granted thereunder-
1[(1) Whoever in contravention of the provisions of this Act or of any rule, regulation or order made or of any licence, permit, pass or authorization issued, thereunder-
1[66A. Penalty for illegal import, etc., of opium.-Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made thereunder or of any licence, pass, permit or authorisation granted by or under this Act, imports, exports, transports, consumes, uses, possesses, sells or buys opium, shall, on conviction, be punished for each such offence with imprisonment for a term which may extend to three years and also with fine :
1[(1) Whoever in contravention of section 21 alters or attempts to alter any denatured spirit or has in his possession any spirit in respect of which he knows or has reason to believe that any such alteration or attempt has been made shall, on conviction, be punished 2[with imprisonment for a term which shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty-five thousand rupees but which may extend to fifty thousand rupees or with both.]
1[67-1B. Penalty for contravention of provision regarding prescriptions.-Whoever-
1[67A. Penalty for manufacturing 2[articles mentioned in section 24A] in contravention of the provisions of section 59A.- (1) Whoever in contravention of the 3[provisions of section 59AA or, as the case may be, of section 59A]-
1[Penalty for failure to satisfy the 2[Commissioner] under sub-section (1), or to comply with a requisition under sub-section (2) of section 59B.-]3[(1)] If the manufacturer of any of the articles mentioned in section 24A fails to show to the satisfaction of the 4[Commissioner] that the article corresponds to the description and limitation provided in section 59A, his licence for the purchase, use or possession of liquor or alcohol for the manufacture of such article shall be revoked.
1[67C. Penalty for possessing etc., denatured spirituous preparations in contravention of provisions of sections 59C and 59D.- Whoever,-
Whoever,-
Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or licence, permit or pass granted thereunder, imports, exports, 1[collects], transports, sells, 2[buys] or has in his possession mhowra flowers 3[shall, on conviction, be punished with imprisonment for a term which may extend to two years or with fine which may extend to fifty thousand rupees or with both :]
Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or of any licence or permit granted thereunder, exports, imports, transports, sells or has in his possession molasses shall, on conviction, be punished with 1[imprisonment for a term which shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty-five thousand rupees but which may extend to fifty thousand rupees or with both.]
[Penalty for selling molasses at price exceeding fixed price.] Deleted by Bom. 26 of 1952, s. 33.
1[72. Penalty for removal of intoxicant, etc.- Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made, or pass granted, thereunder, removes any intoxicant, hemp, mhowra flowers or molasses from any distillery, warehouse, godowns or other place of storage established or licensed under this Act, shall, on conviction, be punished with imprisonment for a term which 2[shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty-five thousand rupees but which may extend to fifty thousand rupees or with both.]
Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made thereunder, prints, or publishes in any newspaper, newssheet, book, leaflet, booklet or any single or periodical publication or otherwise displays or distributes any advertisement or other matter-
Whoever, in contravention of a notification issued under sub-section (3) of section 24, circulates, distributes or sells any newspaper, news-sheet, book, leaflet, booklet or other publication printed and published outside the 1[State] which contains any advertisement or matter-
Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made thereunder,-
1[75A. Penalty for contravention of provisions of section 43.- Whoever in contravention of the provisions of section 43,-
Whoever, in contravention of the provisions of this Act, rule or regulation or order or condition of any licence, permit or pass granted under this Act,-
Whoever, being the holder of a licence, permit, pass or authorization granted under this Act or a person in the employ of such holder or acting with his express or implied permission on his behalf-
Whoever, being the holder of a licence for the sale or manufacture of any intoxicant under this Act, or a person in the employ of such holder or acting with his express or implied permission on his behalf-
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 :
(1) Whenever any intoxicant, hemp, mhowra flowers or molasses are manufactured, imported, exported, transported, sold, or are possessed by any person on account of any other person and such other person knows or has reason to believe that such manufacture, import, export, transport, sale or possession is, on his account, the intoxicant, hemp, mhowra flowers or molasses, as the case may be, shall, for the of purposes of this Act, be deemed to have been manufactured, imported, exported, transported or sold by or to be in possession of, such other person.
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.
(1) In the event of any breach by the holder of any licence, permit, pass or authorisation granted under this Act or by his servants or by any person acting with his express or implied permission on his behalf of any of the terms or conditions of such licence, permit, pass or authorisation such holder shall, in addition to the cancellation or suspension of the licence, permit, pass or authorisation granted to him be punished, on conviction, with imprisonment for a term which may extend to six months or with fine which may extend to 1five thousand or with both, unless it is proved that all due and reasonable precautions were exercised by him to prevent any such breach.
When two or more persons agree-
Whoever is found drunk or drinking in a common drinking house or is found there present for the purpose of drinking shall, on conviction, be punished with fine which may extend to 1[five thousand rupees]. Any person found in a common drinking house during any drinking therein shall be presumed, until the contrary is proved, to have been there for the purpose of drinking.
1[(1) Whoever in any street or thoroughfare or public place or in any place to which the public have or are permitted to have access, behaves in a disorderly manner under the influence of drink shall, on conviction, be punished,-
(1) Whoever, being the owner or occupier or having the use or care or management or control of any place, knowingly permits it to be used for the purpose of the commission by any other person of any offence punishable under this Act, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to 1[ten thousand rupees] or with both;
A chemist, druggist, apothecary or keeper of a dispensary who allows any liquor, which has not been bona fide medicated for medicinal purposes according to the prescription of a 1[registered medical practitioner] or any intoxicating drug to be consumed on his business premises by any person, shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to 2[ten thousand rupees] or with both.
If a 1[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 authorization granted under this Act, he shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to 2[ten thousand rupees] or with both.
Any person who maliciously and falsely gives information to any person exercising powers under this Act leading to a search, seizure, detention or arrest shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to 1[ten thousand rupees] or with both.
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 authorization granted under this Act, and if such act or omission is not otherwise made an offence under this Act shall, on conviction, be punished with the imprisonment for a term which may extend to six months or with fine which may extend to 1[five thousand rupees] or with both.
(1) Whenever any person is convicted of an offence punishable under this Act, the Court convicting such person, may, at the time of passing the sentence on such person, order him to execute a bond for a sum proportionate to his means with or without sureties to abstain from the commission of offences punishable under the provisions of this Act during such period not exceeding three years as it may direct.
[Release of offenders on bond.] Deleted by Bom. 67 of 1953, s. 2
(1) Whenever a 1[Presidency Magistrate specially empowered by the State Government in this behalf in 2Greater Bombay and elsewhere, a District Magistrate or Sub-Divisional Magistrate] receives information that any person within the local limits of his jurisdiction habitually commits or attempts to commit or abets the commission of any offence punishable under this Act such Magistrate may require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period not exceeding three years as the Magistrate may direct.
If any person in respect of whom a bond is ordered to be executed under 1[sections 91 and 93] is a minor, the bond shall be executed by his guardian.
Any officer or person exercising powers under this Act who-
1[96. Punishment for vexatious delay.- Any officer or person exercising powers under this Act who vaxatiously and unnecessarily delays forwarding to a Magistrate or to the officer-in-charge of the nearest police station as required by the provisions of this Act any person arrested or article seized under this Act shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to 2[ten thousand rupees] or with both.]
Any officer or person exercising power under this Act, who-
(1) Whenever any offence punishable under this Act has been committed-
When during the trial of a case for an offence under this Act the Court decides that anything is liable to confiscation under the foregoing section, the Court may, after hearing the person, if any, claiming any right thereto and the evidence, if any, which he produces in support of his claim, order confiscation, or in the case of any article other than an intoxicant, hemp, mhowra flowers or molasses give the owner an option to pay fine as the Court deems fit in lieu of confiscation :
When an offence under this Act has been committed and the offender is not known or cannot be found or when anything liable to confiscation under this Act is found or seized, the 1[Commissioner], Collector or any other officer authorised by the 2[State] Government in this behalf may make an inquiry and if after such inquiry is satisfied that an offence has been committed, may order the thing found to be confiscated:
If the thing in question is liable to speedy and natural decay, or if the 1[Commissioner], Collector, 2[Court] or the officer authorized by the 3[State] Government in this behalf is of opinion that the sale would be for the benefit of the owner, the 4[Commissioner], Collector, 5[Court] or the officer may at any time direct it to be sold and the provisions of section 99 or 100 shall apply so far as may be to the net proceeds of the sale:
102. Forfeiture of any publication containing advrtisement or matter 1[soliciting] use of intoxicants.- (1) Where any newspaper, news-sheet, book, leaflet or other publication wherever printed or published appears to the 2[State] Government to contain any advertisement or matter 3* soliciting the use of, or offering any intoxicant or hemp, the 4[State[ Government may, by notification in the Official Gazette, declare every copy of such newspaper, news-sheet, book, leaflet, booklet or other publication whether printed or published in the 5[State] or outside to be forfeited to 6[the State Government], and thereupon any Police Officer may seize the same wherever found in the 7[State]. Any Magistrate may by warrant authorize any Police Officer not below the rank of Sub-Inspector to enter upon and search for the same in any premises where any copy of such issue or any such newspaper, news-sheet, book, leaflet, booklet or other publication may be or may be reasonably suspected to be. 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, 1898 (V of 1998)8*.
(i) In prosecutions under any of the provisions of this Act, it shall be presumed without further evidence until the contrary is proved, that the accused person has, committted an offence under this Act in respect of any intoxicant, hemp, mhowra flowers or molasses or any still, utensil, implement or apparatus, whatsoever, for the manufacture of any intoxicant 1* * * *
[Report of certain registered medical officers as evidence]. Deleted by Bom. 12 of 1959, s. 12.
(1) The 1[State[ Government may sanction the acceptance from any person whose licence, permit, pass or authorization is liable to be cancelled or suspended under the 2[provisions of sections 54 and 56] or who is reasonably suspected of having committed an offence under sections 3[ 4[67A, 67B, 69, 73, 74, 76], 77, 82 or[ 108, of a sum of money in lieu of such cancellation or suspension or by way of composition for the offence which may have been committed, as the case may be; and in all cases in which any property other than the intoxicant, hemp, mhowra flowers or molasses has been seized as liable to confiscation under this Act may release the same on payment of the value thereof as estimated by the 5[State] Government or such officer as the 6[State] Government may authorize in this behalf :
1[104A.Bombay 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.-Nothing in the Bombay Probation of Offenders Act, 1938 (Bom. XIX of 1938), or 2[in any law corresponding to that Act in force in any part of the State or in the Probation of Offenders Act, 1958 (XX of 1958), where that Act is brought into force in any part of the State, or in] section 562 of the 3*Code of Criminal Procedure, 1898 (V of 1898), shall apply to any person convicted of any offence under this Act].
1[(1)] An excise duty or countervailing duty, as the case may be, at such rate or rates as the 2[State] Government shall direct may be imposed either generally or for any specified local area on-
Subject to any regulations to regulate the time, place and manner of payment made by the 1[Commissioner] in this behalf, the duties referred to in section 105 may be levied in one or more of the following ways:-
[Power to exempt, remit or refund excise duty]. Deleted by Bom. 22 of 1960, s. 69.
1[107A. Declaration of stock of articles mentioned in section 24A; maintenance of accounts and submission of returns.- Every person who imports or manufactures any of the articles mentioned in section 24A shall-
(1) The Collector or any officer empowered by the State Government in this behalf may, subject to such conditions as may be prescribed,-
1[108. Penalty for import, export, etc. of intoxicant etc. without payment of duty.-Whoever, holding a licence, permit, pass or authorization under this Act, imports, exports, transports, possesses, sells or manufactures any intoxicant without payment of duty or fee provided for under this Act shall, on conviction, in addition to the duty or fee required to be paid by him under this Act, be punished,- (a) for the first offence, with imprisonment for a term which may extend to one year and with fine which shall not be less than three times of the amount of the duty or fee evaded by him;
(1) For every toddy producing tree 1[which is tapped or licensed to be tapped or in respect of which a licence for drawing toddy therefrom is granted] there shall, if the 2[State] Government so directs, be levied for any period during which such tree is tapped or licensed to be tapped, such duty as the 3[State] Government may from time to time direct.
The duty on toddy producing trees shall be leviable primarily from the person holding the licence 1[to tap them and to draw toddy therefrom] and in default by him or if the trees are tapped without licence, from the owner of the trees.
When the duty on toddy producing trees, is levied from the owner of, the trees, he shall be entitled to assistance in 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.
The privilege of drawing toddy from trees the right to which vests in the 1[State] Government may be disposed of 2* by auction or otherwise on such terms as the Collector deems fit.
[Rules for levy of duty on opium, etc.] Deleted by Bom. 22 of 1960, s. 74.
1[114. Recovery of duties, etc.-(1) All duties, taxes, fines (except fines imposed by a Court) and fees leviable under any of the provisions of this Act or in respect of any licence, permit, pass or authorisation granted under it and the cost of the supervising staff appointed under section 58A 2[if not paid within the due date or the prescribed period, shall be recovered from any person liable to pay the same or from his surety, if any, with simple interest at the rate of 2 per cent. per month, from the date it has become due, as if they were arrears of land revenue].
1[115. Magistrate’s power to impose enhanced penalties.-Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (V of 1898), 2* it shall be lawful for any Presidency Magistrate or any Magistrate of the First Class to pass any sentence authorized by this Act in exercise of his powers under section 32 of the said Code, provided that the fine shall not exceed three thousand rupees.]
In all trials for offences under this Act, the Magistrate shall follow the procedure prescribed in the Code of Criminal Procedure, 1898(V of 1898) 1* for the trial of summary cases in which an appeal lies.
1[116A. Tender of pardon to accomplice.- (1) Whenever two or more persons are prosecuted for an offence under this Act, a Presidency Magistrate or any Magistrate of the First Class may, at any stage of the investigation or inquiry into or the trial of offence, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to the offence, tender a pardon to such person on condition of his making a full and true disclosure of all facts within his knowledge relating to the offence.
Save as otherwise expressly provided in this Act, all investigations, arrest, detentions in custody and searches shall be made in accordance with provisions of the Code of Criminal Procedure, 18981(V of 1898):
1[118. Procedure of Code of Criminal Procedure relating to cognizable offences to apply.-In the absence of any provision to the contrary in this Act, the provisions of the Code of Criminal Procedure, 1898(V of 1898)2 with respect to cognizable offences shall apply to offences under this Act.
Offences under 1[sections 65, 67, 67A, 67C, 68, 70, 72, and 83] shall be non-bailable].
1[120. Power of entry and inspection.- The 2[Commissioner], Collector or any Prohibition Officer duly empowered in this behalf by the State Government, or any Police Officer may-
(1) Any Prohibition Officer duly empowered in this behalf by the 1[State] Government or any Police Officer may open any package and examine any goods and may 2[stop and search] for any intoxicant, hemp, mhowra flowers, or molasses any vessel, vehicle or other means of conveyance 3[and may seize any intoxicant, hemp, mhowra flowers, molasses or any other thing liable to confiscation or forfeiture under this Act or any other law for the time being in force relating to excise revenue found while making such search.]
1[l22. (1) The 9[Commissioner] or Collector or any Prohibition Officer duly empowered in this behalf by the State Government or any Police Officer may- (a) require a licensed manufacturer or vendor or tapper or drawer of toddy or a person in the employ of such manufacturer or vendor or tapper or drawer of toddy or with his express or implied permission on his behalf to produce the licence, permit, pass or authorisation issued under this Act under which he carries on the manufacture, storage, or sale of any intoxicant, hemp, mhowra flowers or molasses or taps, toddy-producing trees or draws toddy therefrom; (b) enter and inspect, at any time by day or by night, any land on which toddy-producing trees are growing, whether such trees are licensed for tapping or not, and any warehouse, godown, shop or premises in which any licensed manufacturer or vendor manufactures, stores, or sells any intoxicant, hemp, mhowra flowers or molasses and examine, test, measure or weight any stock of any such articles or cause any such stock to be examined, tested, measured or weighed. (2) If any officer mentioned in sub-section (1) finds that the holder of a licence, permit, pass or authorization issued under this Act, or a person in the employ of such holder or acting with his express or implied permission on his behalf wilfully does or omits to do anything, which is an offence under this Act, such officer may seize any intoxicant, hemp, mhowra flowers or molasses or any material or article in respect of which the offence is committed any document or other article which he has reason to believe may furnish evidence of the commission of an offence under this Act and send a report to his official superior for such action as he deems fit].
1[122.Power to require production of licences.- (1) The 9[Commissioner] or Collector or any Prohibition Officer duly empowered in this behalf by the State Government or any Police Officer may-
(1) The 1[Commissioner] or Collector or any Prohibition Officer specially empowered in this behalf by the 2[State] Government or a Police Officer may, by order require any person to furnish to any specified authority or person any such information in his possession concerning any intoxicant, hemp, mhowra flowers or molasses as may be specified in the order.
The 1[Commissioner] or Collector or any Prohibition Officer duly empowered in this behalf or any Police Officer may-
The 1[Commissioner] or Collector or any Prohibition Officer duly empowered in this behalf by the 2[State] Government or any Police Officer may arrest without an order from a Magistrate and without warrant any person who obstructs him in the execution of his duties under this Act or who has escaped or attempts to escape from custody in which he has been or is lawfully detained under this Act.
(1) When any person who in the presence of the [Commissioner], Collector or any Prohibition Officer not below such rank as the 1[State] Government may determine, has committed or has been accused of committing an offence under this Act, refuses on demand of such officer to give his name and residence or gives a name and residence which such officer has reason to believe to be false, he may be arrested by such officer, in order that his name or residence may be ascertained.
(1) The 1[Commissioneric95463, Collector or any Prohibition Officer duly empowered in this behalf 2[or in 3Greater Bombay, a Deputy Commissioner of Police or 4[an Assistant Commissioner of Police]] in charge of a Division, or a Magistrate or 5[a Superintendent of Police] or an Assistant or Deputy Superintendent of Police specially empowered by the 6[State] Government in this behalf may issue a warrant-
1[l28A. Certain provisions to apply to denatured sprituous preparations.The provisions of sections 80, 98, 99, 103 (1), 104, 120, 121, 122, 123, 124, 125, 128, 135 and 139 shall apply to denatured sprituous preparations as they apply to any intoxicant under this Act.]
(1) The 1[State] Government may empower any Prohibition Officer to investigate offences under this Act.
1[129A. Power to require persons to submit to medical examination, etc.- (1) Where in the investigation of any offence under this Act, any Prohibition Officer, duly empowered in this behalf by the State Government or any Police Officer has reasonable ground for believing that a person has consumed an intoxicant and that for the purpose of establishing that he has consumed an intoxicant or for the procuring of evidence thereof it is necessary that his body be medically examined, or that his blood be collected for being tested for determining the percentage of alcohol therein, such Prohibition Officer or Police Officer may produce such person before a registered medical practitioner (authorised by general or special order by the State Government in this behalf) for the purpose of such medical examination or collection of blood, and request such registered medical practitioner to furnish a certificate on his finding whether such person has consumed any intoxicant and to forward the blood collected by him for test to the Chemical Examiner or Assistant Chemical Examiner to Government, or to such other Officer as the State Government may appoint in this behalf.
Any document purporting to be-
Every person arrested and thing seized by a Prohibition Officer under this Act, shall be sent to the officer-in-charge of the nearest Police Station 1[or to any other officer duly empowered under section 129 if the 2[Commissioner] in any particular case has directed such officer to conduct the investigation of the offence].
(1) Any Prohibition Officer empowered to investigate an offence under this Act shall have power to grant bail in accordance with the provisions of the Code of Criminal Procedure, 1898 (V of 1898)1, to any person arrested without a warrant for an offence under this Act.
1[When anything has been seized under the provisions of this Act by a Prohibition Officer exercising powers under section 129 or by on Officer-in-charge of a Police Station], or has been sent to him in accordance with the provisions of this Act, such officer, after such inquiry as may be deemed necessary, -
Duty of 1[officers of Government] and local authorities to assist. Every officer of the 2[Government] and every officer or servant of local authority, shall be 3[legally bound to assist any Prohibition Officer or] police officer or person authorised in this behalf in carrying out the provisions of this Act.
1[l34. Offences to be reported.- Every village officer or servant useful to Government, every officer of the State Government, and (with the consent of the Central Government) every officer of the Customs and Central Excise Departments, and every officer or servant of a local authority, and the Sarpanch of a Village Panchayat constituted under the 2Bombay Village Panchayats Act, 1958 (Bom. III of 1959), shall be bound -
1[l34A. Establishment of Gram Rakshak Dal. (1) The Village Panchayat constituted under the Maharashtra Village Panchayats Act (III of 1959) may, by resolution, or an application signed by not less than 25 per cent. of the Women voters of the Gram Sabha, may request the Sub-Divisional Magistrate of the area for convening a special Gram Sabha, for the purpose of establishment of Gram Rakshak Dal.
Every person who owns or occupies any land or building, or who is landlord of an estate residing in the village, and the agent of such owner, occupier or landlord of the land, building or estate, as the case may be, on or in which there has been any unlawful tapping of toddy producing trees or unlawful manufacture of any liquor or intoxicating drug or unlawful cultivation or collection of hemp, and every owner of a vessel or vehicle in which liquor or intoxicating drug is manufactured contrary to the provisions of this Act, shall in the absence of reasonable excuse, be bound to give notice of the same to a Magistrate or to a Prohibition Officer or to a Police Officer immediately the same shall have come to his knowledge].
[Power to arrest and make orders detaining or restricting movements or actions of persons.] Deleted by Bom. 26 of 1962, s. 50.
(1) All orders passed by any Prohibition Officer other than the Collector or 1[Commissioner] under this Act shall be appealable to the Collector at any time within sixty days from the date of the order complained of.
1138. Revision.- The State Government may call for and examine the record of any proceeding before any Prohibition Officer including that relating to the grant or refusal of a licence, permit or authorization under this Act for the purpose of satisfying itself as to the correctness, legality or propriety of any order passed in, and as to the regularity of, any such proceeding and may when calling for such record, direct that the order be not given effect to pending the examination of the record. On examining the record, it may either annul, reverse, modify or confirm such order, or pass such other order as it may deem fit.]
139. General powers of 1[State] Government in respect of licences, etc.- 2[(1)] Notwithstanding anything contained in this Act or the rules made thereunder, the 3[State] Government may, by general or special order,-
140. Power of 1[State] Government to prohibit, regulate or control consumption or use of intoxicants, etc., in public place.- The 2[State] Government may, by general or special order, prohibit, regulate or control, subject to such conditions as may be specified in the order, the consumption or use of any intoxicant or hemp, in any public place.
(1) If the 1[State] Government is satisfied that the inhabitants of any area are concerned in the commission or abetment of any of the offences punishable under sections 2[65, 66, 66A, 67, 67A, 67C, 68, 69 and 70] the 3[State] Government may, by notification in the Official Gazette, direct the employment of additional police 4[in that area] for such period as it thinks fit.
1142. Power of Collector to close places where intoxicant or hemp is sold in certin cases.- (1) If the Collector is of opinion that it is in the interest of public peace to close any place in which any intoxicant or hemp is sold it shall be lawful for the Collector by an order in writing to the persons holding a licence for the sale of such intoxicant or hemp to require him to close such place at such time or for such period as may be specified in the order.
143. Power of 1[State] Government to make rules.- (1) The 2State Government may make rules for the purpose of carrying out the provisions of this Act or any other law for the time being in force relating to excise revenues.
144. 1[Commissioners] powers to make regulations.-(1) The 2[Commissioner] may make regulations not inconsistent with the provisions of this Act or rules-
All officers and persons empowered to exercise any powers or to perform any functions under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (XLV of 1860).
No suit or proceeding shall lie against the 1[Government] or against any Prohibition, Police, or other officers or against any person empowered to exercise powers or to perform functions under this Act, for anything in good faith done or purporting to be done under this Act.
1l46A. Limitation of prosecutions or suits against officers.-(1) All prosecutions of any Prohibition, Police or other officers, or of any persons empowered to exercise powers or to perform functions under this Act, and all actions which may be lawfully brought against the Government or any of the aforesaid officers or persons, in respect of anything done or alleged to have been done in pursuance of this Act, shall be instituted within four months from the date of the act complained of and not afterwards; and any such action shall be dismissed-
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.]
For removal of doubts it is hereby declared that nothing in this Act shall be deemed to apply to any intoxicant or other article in respect of its import or export across the customs frontiers. 1* * * *
(1) The enactments specified in Schedule I are hereby repealed to the extent specified in the fourth column thereof and those specifed in Schedule II are hereby amended to the extent specified in the fourth column thereof.
1[149. Further repeals and savings consequent on commencement of Bom. XXV of 1949 in other areas of State.- 2On the commencement of this Act in any area of the State to which it is extended by the Bombay Prohibition (Extension and Amendment) Act, 1959 (Bom XII of 1959), the Acts mentioned in Schedule III and in force in that area, shall to the extent specified in the fourth column thereof, stand repealed :