The Bombay Prohibition (Gujarat Amendment) Act, 1963

This Act may be called the Bombay Prohibition (Gujarat Amendment) Act, 1963.

In clause (10A) of section 2 of the Bombay Prohibition Act, 1949 (hereinafter referred to as "the principal Act") for the words "any preparation made with denatured spirit" the words "any liquid preparation made with and containing denatured spirit" shall be substituted.

"115. A. Notwithstading anything contained #in the Code of Crirnjllrtl Pro-

cedure. 1898, an offence of corlsurnption of any intoxicant or hemp specified in clause

1. (b) of sub-section

1. (1) of section 66, may be tried by a Magistrate having jurisdiction either at the place in which the offence was actually committed or at any place in the State in which the offender may be found.".

In section 120 of the principal Act,-

1. (1) in clause (c), the ward "and" occurring at the end shall be o&ed;
2. (2) after clause (c), the following clause shall be inserted, namely : - "(cc) destroy any eartheii pot or other receptacle found hanging on a toddy producing tree, if he is satisfied that the prson by whom or on whose behalf the pot or receptacle is so hung is not known or cannot be found and he has reason to beIieve that an offence specifid in clause
   • (c) or
   • (J) of sub-section
     • (I) of section 66 is comm-itted; and" 1. Short title, extent and commencement This Act may be called the Bombay Prohibition (Gujarat Amendment) Act, 1963. 2. Amendment of section 2 of Bom. XXV of 1949 In clause (10A) of section 2 of the Bombay Prohibition Act, 1949 (hereinafter referred to as "the principal Act") for the words "any preparation made with denatured spirit" the words "any liquid preparation made with and containing denatured spirit" shall be substituted. 3. Insertion of new sections In the principal Aot, after section 24, the following sechiam ahall be jmcrted, namely:- 24-1A. No person, shall for the purposo of producing a state of intoxi- cation, consume my medicinal preparation contsiuing alcohol in any quantity exceediug the normal dose. Expla?zcrtiow.-Tho oxpression "norm~l dose", in relation to any medicinal prcpa~i~tion, ueans the qnantity prescribed by a registored medical pracbi- tioilcr to be taken at a tiruc and in a caw where no such pre~oription hm been obtained, the quantity indicated to be taken at a time in tho directious given by the manufactcturcr of the medicinal prepnration. 24-113. NO person who has consumed any jntoxic$i~t (other than opium) or hemp in any plrrce ouhide tho St,atc shdl enter any territory of tho St,atemhile he is in an intoxicated condition or ~mdor the influence of suoh jntoxic~flt or hemp.". 4. Amendment of section 28 of Bom. XXV of 1949 1n the principal Aot, iu section 28, in sub-section (3), iu clause (a), for the words "ton miles" the words "sixteen kdometres" shall be aubstitutod.

In the principal Act, in section 40,-

1. (a) in sub-section (1), for the word "permits" the words "a temporary resident's permit" shall be substituted ;
2. (b) for the marginal note, the following shall be substituted, namely:- "Temporary resident's permits.".

In the principal Act, in section 54, in sub-section (1), in clause (a),-

1. (i) for the mark, figures and brackets "or under the Drugs Act, 1940 or under the Bombay Drugs (Control) Act, 1952" the words, figures and brackets "or under the Drugs and Cosmetics Act, 1940 or under the Bombay Drugs (Control) Act, 1950" shall be substituted; and
2. (ii) for the words and figures "or of any offence punishable under Article 8 of the Schedule to section 167 of the Sea Customs Act, 1878" the words, figures, brackets and letter "or of any offence punishable under section 112 of the Customs Act, 1962 for an act specified in clause

1. (d) of section 111 of the said Act, including the abetment of the doing, or the omission, of such act" shall be substituted.

"CHAPTER VI-A.

64. Prohibition against possession of rotten gur in excess of prescribed limit No person shall have in his possession, except under a permit granted by an officer empowered by the State Government in that behalf, any quantity of rotten gur in excess of such quantity as the State Government may, by notification in the Official Gazette, specify.

No person shall manufacture, use or consume rotten gur except under the authority, and in accordance with the terms and conditions of, a licence, permit, pass or authorisation granted for the purpose by an officer empowered in that behalf by the State Government.

No person shall manufacture, use or have in his possession ammonium chloride, in excess of such quantity as the State Government may, by notification in the Official Gazette, specify, except under a licence, permit, pass or authorisation granted by an officer empowered by the State Government in that behalf.

The provisions of sections 53 to 59 (both inclusive) shall, so far as may be applicable, apply to licences, permits, passes or authorisations granted under sections 64, 64A and 64B.

8. Amendment of section 66 of Bom. XXV of 1949 In the principal Act, in section 66,-

1. (1) in sub-section (1), after clause (d), the following new clause shall be inserted, namely:- "(e) enters the territory of the State in an intoxicated condition or under the influence of an intoxicant (other than opium) or hemp, after having consumed such intoxicant or hemp at any place outside the State," ;
2. (2) in sub-section (2),-
   • (a) after the words "for the consumption of an intoxicant", the words, brackets, letter and figure "or in any trial of an offence under clause
   • (e) of sub-section
3. (1) for entry in the territory of the State after consumption of an intoxicant or hemp at any place outside the State" shall be inserted ;
   • (b) for the words "the liquor consumed was a medicinal or toilet preparation," the words, figures and letter "the liquor consumed was a medicinal preparation consumed in quantity not in excess of normal dose as defined in section 24-1A or that the liquor consumed was a toilet preparation" shall be substituted. 9. Insertion of new section 70A in Bom. XXV of 1949 In the principal Act, after section 70, the following new section shall be inserted, namely:-- "70A. Whoever in contravention of the provisions of this Act, or any rule, regulation or order made or of any licence, permit, pass or authorisation granted thereunder possesses, manufactures, uses or consumes rotten gur or ammonium chloride shall, on conviction, be punished with imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees.". 10. Amendment of section 103 of Bom. XXV of 1949 In the principal Act, in section 103, after sub-section (1), the following sub-section shall be inserted, namely:-- "(2) Where in any trial of an offence of manufacturing liquor or any intoxicating drug and using a still for such purpose in contravention of the provisions of this Act, it is proved that the accused person was present by the side of the still while it was working or that he was the owner or occupier having the care, management or control of the place wherein such still was used, then the burden of proving that the accused person had not used, or had not abetted in using the still for manufacturing liquor or an intoxicating drug shall be on the accused person and the court shall, in the absence of such proof, assume to the contrary.". 11. Amendment of section 105 of Bom. XXV of 1949 In the principal Act, in section 105, after sub-section (1), the following new sub-sections shall be added, namely:- "(2) All notifications or orders issued under sub-section
4. (1) shall be laid for not less than thirty days before the State Legislature as soon as may be after they are issued and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.
5. (3) Any modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.". 12. Insertion of new section 107 in Bom. XXV of 1949 In the principal Act, after section 106, the following new section shall be inserted, namely:- "107. The State Government may, by rules, prescribe the fees payable in respect of any privilege, licence, permit, pass or authorisation granted or issued under this Act.". 13. Insertion of new section 116B in Bom. XXV of 1949 "116B. Where in any trial for any offence of unlawful possession of liquor under this Act, it is proved that the accused person was in the possession of any sealed bottle bearing the original label indicating the name of any known brand of spirits, such as whisky, brandy, rum, gin, club cup, liqueurs milk punch, or of wines such as champagne, moselle, burgundy, chianti, white wines, clarets, hocks, riesling, madeira, ginger-wine, port type, port, vermouth, sherry, wincarnis vibrona, manola, buckfast, tonic-white, or of fermented liquors such as ale, beer, milk-stout (porter), cider, and the name of its manufacturer it shall be presumed that the accused person was in possession of liquor.". 14. Insertion of section 117A "117A.
6. (1) If the Commissioner of Police or the District Superintendent of Police, as the case may be, considers that in any gram, nagar, municipal borough or city, or in any locality thereof it is necessary to have a list of local persons liable to serve as pancha witnesses for searches made and for such other purposes connected with the investigation of offences under this Act, the Commissioner of Police or the District Superintendent of Police, as the case may be, may request the gram panchayat, the nagar panchayat, the municipality, or the municipal corporation, of such gram, nagar, municipal borough or city respectively to prepare and maintain such list for such gram, nagar, municipal borough, city or any locality thereof, and thereupon it shall be the duty of such panchayat, municipality or municipal corporation to prepare and maintain such list.
7. (2) The State Government shall, by rules, prescribe the age and qualifications of persons who may be considered suitable for being included in any such list, the procedure for preparing, publishing and maintaining such list and the period for preparing, publishing and maintaining such list and the period for which such list shall remain in force.
8. (3) Every person, whose name is included in such list shall, when so required by a prohibition officer or a police officer, be bound to serve as a pancha witness.". 15. Amendment of section 128A of Bom. XXV of 1949 In the principal Act, in section 128A, for the words "denatured spirituous preparations", the words "denatured spirituous preparations, rotten gur or ammonium chloride" shall be substituted. 16. Amendment of section 143 of Bom. XXV of 1949 In the principal Act, in section 143, in sub-section (2),-
9. (1) after clause (b), the following clause shall be inserted, namely:- "(bb) regulating the possession, manufacture, use and consumption of rotten gur and the possession, manufacture and use of ammonium chloride ;" ;
10. (2) in clause (j), for the word, brackets and letter "clause (b)" the words, brackets and letters "clauses
    • (b) and (bb)" shall be substituted ;
11. (3) in clause (g), for the word, brackets and letter "clause (b)" the words, brackets and letters "clauses
    • (b) and (bb)" shall be substituted ;
12. (4) in clause (k), for the word, brackets and letter "clause (b)" the words, brackets and letters "clauses
    • (b) and (bb)" shall be substituted ;
13. (5) in sub-clause (iii), for the words "denatured spirituous preparation or hemp" the words "denatured spirituous preparation, hemp, rotten gur or ammonium chloride" shall be substituted ;
14. (6) in sub-clause (v), for the word "intoxicant" the words "intoxicant, rotten gur or ammonium chloride" shall be substituted ;
15. (7) in sub-clause (viia), for the words "mhowra flowers or molasses" the words "mhowra flowers, molasses, rotten gur or ammonium chloride" shall be substituted;
16. (8) in clause (k), for the words "mhowra flowers or molasses" the words "mhowra flowers, molasses, rotten gur or ammonium chloride" shall be substituted;
17. (9) (note: original document repeats numbering) in clause (n), for the words "intoxicant or hemp" the words "intoxicant, hemp, rotten gur or ammonium chloride" shall be substituted ;
18. (10) in clause (o), for the words "intoxicant or hemp" the words "intoxicant, hemp, rotten gur or ammonium chloride" shall be substituted ;
19. (11) in clause (p), for the words "mhowra flowers or molasses" the words "mhowra flowers, molasses, rotten gur or ammonium chloride" shall be substituted ;
20. (12) in clause (r), for the words "sample of molasses" the words "samples of molasses, rotten gur or ammonium chloride" shall be substituted. 17. Amendment of section 144 of Bom. XXV of 1949 Amendment 17. In the principal Act, in section 144, in sub-section (I),-
    • (I) in clause (a), for the words "mhowra flowers or molasses" the words "mhowra flowers, molasses, rotten gur or ammonium chloride" shall be substituted ;
21. (2) in clause (b), for the words "mhowra flowers or molasses" the words "mhowra flowers, molasses, rotten gur or ammonium chloride" shall be substituted ;
22. (3) in clause (c), for the words "mhowra flowers or molasses" the words "mhowra flowers, molasses, rotten gur or ammonium chloride" shall be substituted. 18. Amendment of section 146B of Bom. XXV of 1949 Amendment 18. In the principal Act, in section 146B, for the words "mhowra flowers or of section 146B molasses" the words "mhowra flowers, molasses, rotten gur or ammonium of Bom. chloride" shall be substituted. 19. Repeal and savings
23. (1) The Bombay Prohibition (Gujarat Amendment) Ordinance, 1977 is hereby repealed.
24. (2) Notwithstanding such repeal, anything done or 'any action taken under the principal Act as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act as amended by this Act as if this Act had come into force on the date on which the said Ordinance had come into force. 1. Short title and commencement
25. (1) This Act may be called the Bombay Prohibition (Gujarat Second Amendment) Act, 2003.
26. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. Insertion of new section 116A in Bom. XXV of 1949 After section 1 15 of the principal Act, the following section shall be inserted, namely : - Venueoftrial "115. A. Notwithstading anything contained in the Code of Criminal Procedure, 1898, an offence of consumption of any intoxicant or hemp specified in clause
    • (b) of sub-section
27. (1) of section 66, may be tried by a Magistrate having jurisdiction either at the place in which the offence was actually committed or at any place in the State in which the offender may be found.". 1. Short title and commencement
28. (1) This Act may be called the Bombay Prohibition (Gujarat Second Amendment) Act, 2003.
29. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. Amendment of section 2 of Bom. XXV of 1949 Born. 2. In clause (10A) of section 2 of the Bombay Prohibition Act, 1949 (here- XXv inafter referred to as "the principal Act") for the words "any preparation made of 1049. with denatured spirit" the words "any liquid preparation made with and con- taining denatured spirit" shall be substituted. 3. Amendment of section 29 of Bom. XXV of 1949 In the principal Act, in section 29, for the words "mhowra flowers or molasses" occurring at two places, the words "mhowra flowers, molasses, rotten gur or ammonium chloride," shall be substituted. 1. Short title and commencement
30. (1) This Act may be called the Bombay Prohibition (Gujarat Amendment) Act, 2005.
31. (2) It shall come into force on such date as the State Government may, be notification in the Official Gazette, appoint. 2. Amendment of section 66 of Bom. XXV of 1949 Amendment of section 66 of Bom. XXV of 1949. 2. In the Bombay Prohibition Act, 1949 (hereinafter referred to as "the principal Act"), in section 66, in sub-section (1),-
    • (i) the proviso to paragraph
    • (i) shall be deleted;
    • (ii) the proviso to paragraph
    • (ii) shall be deleted;
    • (iii) the proviso to paragraph
    • (iii) shall be deleted; 3. Amendment of section 85 of Bom. XXV of 1949 In the principal Act, in section 85, in sub-section (1),-
    • (a) in paragraph (i).-
      • (i) the proviso to sub-paragraph
    • (a) shall be deleted;
      • (ii) the proviso to sub-paragraph
    • (b) shall be deleted;
    • (b) in paragraph (ii),-
      • (i) the proviso to sub-paragraph
    • (a) shall be deleted;
      • (ii) the proviso to sub-paragraph
    • (b) shall be deleted; 4. Amendment of section 92 of Bom. XXV of 1949 In the principal Act, in section 92, in sub-section (1), for the words "it shall", the words "it may" shall be substituted.