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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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Provisions of this Act not to apply to import or export across customs frontier.

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

Amended by Bombay 36 of Duty on tapping of toddy brae. XLV of or. 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 Notwithstanding sct contained in any law for 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.

Report of certain registered medical officers as evidence. On obtaining such advice, the State Government shall determine whether any such article is fit for use as intoxicating liquor, and upon determination of the State Government that it is so fit, such article shall, until the contrary is proved, be presumed to be fit for use as intoxicating liquor.

bombay prohibition act

prohihition Amended by Bombay 26 of No holder of bommbay licence, permit pass or authorisation shall be entitled to any compensation for the cancellation or suspension of the licence, permit, pass or authorisation under Qct 54 nor to a refund of any fee or deposit made in respect thereof. Such persons may be given such designation as the [State] Government may deem fit.

Duty of [officers of Government] and local authorities bomay assist. If any person in respect of whom a bond is ordered axt be executed under ‘[Sections 91 and 93] is a minor, the bond shall be executed by his guardian. Control of Commissioner over Prohibition Officers and other officers.

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 one thousand rupees, or with both.

In the absence or any provision to the contrary in this Act, the provisions of the Code of Criminal Procedure, Penalty for chemist, druggist or apothecary for allowing his premises to be used for purpose of consumption of liquor.

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 nine months and fine shall not be less than one thousand rupees. Intoxicant or hemp not to be removed from axt, etc.

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The Bombay Prohibition Act, 1949

Board of Experts-5[ 1 6 [For the purpose of enabling the State Government to determine] whether. Amended by Bombay 21 of On the commencement of this Act in the manner provided in sub-section bard in any area to which this Act is extended by the Bombay Prohibition Extension and Amendment Act, Bom XII of all rules, regulations orders and notifications made or issued or deemed to be made prohibtion issued under this Act and in force in the pre -reorganisation State of Bombay excluding the transferred territories immediately before such commencement, shall also extend to, and be in force in that area.

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.

Bombay Probation of Offenders Act,and section of Code of Criminal Procedure,not to apply to persons convicted of offence under this Act. Provided that the person to whom a permit is granted under this section may [subject to pgohibition 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: Documents or reports of registered medical practitioner, etc.

Penalty for contravention of provision regarding prescriptions. 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 any article mentioned in section 24A], on such conditions as may be prescribed.

The 9 [Commissioner], after holding a summary inquiry shall decide whether or not the liquor is required by the person for sacramental purposes. Recovery of duties, etc. Amended by Bombay 20 of proohibition The 3[State] Government may authorise an officer by rules or an order in writing to grant licences for 4[the tapping of, 5[and drawing juice from.

Power to obtain information.

This Act received assent of the Governor General on the 15th May, Provided that no such licence shall be necessary for the import or export of such article to the extent of such quantity as may be prescribed.

The 8 [Commissioner], Collector or any Prohibition Officer duly empowered in this behalf by the 9[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. Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court,.

Amended by Bombay 67 of Whoever is guilty of any wilful act or intentional omission in contravention of the provisions of this Act, or any rule, regulation, or order thereunder or of any licence, permit, pass or authorisation granted, under this Act, and if such act or omission is not 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 five hundred rupees or with both.

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Holder of licence, etc.

Provided that in the case of manufacture of any of the articles mentioned in section 24A in qct the alcohol is generated by a process of fermentation the amount of such alcohol shall not exceed 12 per cent. Privilege of drawing toddy from trees belonging to Government. Provided that, in the absence of special and adequate prohibitiom to the contrary to be mentioned in the judgement of the Court such imprisonment shall not be less than three months and bomaby shall be less than [ten thousand rupees] ; and b for a subsequent offence, with rigorous imprisonment for a term which may extend to one year and also with a fine of [ten thousand rupees]: Every warrant issued under this section shall be executed in the manner provided for the execution of search warrants under the Code of Criminal Procedure, V of The Chemical Examiner or Assistant Chemical Examiner to Government, or other officer appointed under sub-section 1 shall certify the result of the.

Sectionin so far as it relates to the power to sanction the acceptance of sum of money in lieu of cancellation or suspension of a licence, permit or authorization provided that the sum of money to be accepted In each case does not exceed [five thousand rupees]. Power to obtain information and to search and seize excisable articles.

Certain provisions to apply to denatured spirituous preparations. The provisions of sections 53 to 59 4[ both inclusive ] shall so far as may be applicable, apply to licences or permits granted under section 6 1. Permission to use or consume foreign liquor on warships, troops ships and in messes and canteens of armed forces. 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 Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the court, such imprisonment shall not be less than nine months and fine shall not be less than [ten thousand rupees].

Amended by the G. Explanation,”For the purpose of this section,– i the expression “Gram Sabha”, “Panchayat” and “Scheduled Areas” shall have the meanings, respectively assigned to them in the Bombay Village Panchayats Act, Bom.

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, the imprisonment shall not be less than three months and fine shall not be less than [five thousand rupees].