BOMBAY PROHIBITION ACT 1949 BARE ACT PDF

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

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Provided that, where payments is made upon issue for sale from a warehouse established or licensed under this Act, such payment shall be at the rate of the duty in force at the date bsre issue from the warehouse:. Practitioners Act, LXVIII of or under any law corresponding thereto in any part of the State;] 39 “regulations” means regulations made under this Act; 40 “rules” means rules made under this Act; 41 “sell” with its grammatical variations includes.

Amended by Bombay 28 of Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made thereunder, prints, or publishes in any newspapers, news-sheet, book, leaflet, booklet or any single or periodical publication or otherwise displays or distributes any advertisement or other matter. Penalty for manufacturing [articles mentioned in section 24A] in contravention of the provisions of section 59A.

Amended by Bombay 28 of On examining the record, it may either annul, reverse, modify or confirm such order, or pass such other order as it may deem fit. XLIV of 1. Powers under sections and pohibition, in cases where the estimated value of the things liable to be confiscated under the said section is more than Rs, 1,00,”.

The Bombay Prohibition Act, 1949

List Judgments citing this Act. Recovery of duties, etc. Employment of additional Police.

Breach of licence, permit, etc. This Act received assent of the Governor General on the 15th May, Sub-section 3 shall stand unmodified vide the Maharashtra Adaptation of laws State and Concurrent Subject Order, Provided that every licence, permit, pass or authorization shall be granted only on the conditions that the [person applying] undertakes, and in the opinion of the officer authorized to grant the licence, permit, pass or authorization is likely to abide by all the conditions of the licence, permit, pass or authorization and the provisions of this Act.

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

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 Or colouring of liquor or intoxicating drug] but does not include flavouring, blending or colouring of liquor or intoxicating drug lawfully possessed for private consumption; and.

Prohibition against possession of denatured spirituous preparation in excess of prescribed limit and the regulation of its possession in excess of prescribed limit. Bombay Probation of Offenders Act,and section of Code of Criminal Procedure,not to apply to persons convicted of offence under this Act.

Penalty for alteration or attempting to alter denatured spirituous preparation. Amended by Maharashtra 46 of Amended by Bombay 20 of The officer in conducting the investigation shall have the same powers under sub-sections 1 and 2 as if he were the Prohibition Officer appointed for the area or for the purpose of investigating the said offence.

Provided that, the decision taken by bard of the Gram Sabhas concerned by passing a resolution in the above matter shall be binding on the concerned Panchayat Samiti or the Zilla Parishad as the case may be.

Power to obtain information.

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:.

Provided further that no permit shall be granted to more than one member of a household at any one time. Provided that having regard to the nature of the outstill area of the Chanda District, the general backwardness of the people residing therein, and the necessity of preparing an adequate background before the introduction of prohibition therein, the State Government may, if it thinks fit, fix a different date for bringing the Act into force in that area.

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The Bombay Prohibition Act Complete Act – Citation – Bare Act | LegalCrystal

Tender of pardon to accomplice. 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 and or the Panchayat Samiti or the Zilla Parishad to enforce prohibition or to regulate or to restrict the sale and consumption of intoxicant in Scheduled Areas within its jurisdiction:.

Power to exempt, remit or refund excise duty. Provided that the person to whom a permit is granted under this section may [subject to such conditions as may be prescribed] allow the use or consumption of liquor in respect of which the permit, has been granted to any other person who requires the use thereof for medicinal purpose on emergent occasions: Provided that the person to whom a permit is granted under this section may ‘[subject to such conditions as may be prescribed] allow the use or consumption of liquor in respect of which the permit has been granted to any other person who requires the use thereof for medicinal purpose on emergent occasions:.

If a 2[registered medical practitioner] issues a prescription with the intention that such prescription shall be used by the person to whom it is issued for the purpose of consuming liquor, intoxicating drug or opium in contravention of the provisions of this Act, or rule, regulation or order made thereunder or any licence, permit, pass or authorisation granted under this Act, he shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

Provided further that the purchase, possession or use of any liquor or alcohol for the manufacture of any 5[such article] shall not be made or had except under a licence granted under section 31 A.

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