Vidhi Codex

The Bombay Prohibition Act, 1949

The Bombay Prohibition Act, 1949

General1949199 sections

This law establishes the legal framework for enforcing prohibition, which is the state's policy of banning the production, sale, and consumption of alcohol and intoxicating drugs. It consolidates existing rules to ensure this policy is effectively carried out while also governing the excise duties and taxes on liquor to manage state revenue. The Act applies to the entire state and defines terms related to liquor production, bottling, and the regulation of places where alcohol is consumed. By doing so, it aims to maintain public order and generate revenue while strictly adhering to the prohibition policy.

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  1. 1. Short title, extent and commencement
  2. 2. Definitions
  3. 3. Director of Prohibition and Excise
  4. 4. Collectors
  5. 5. Subordinate officers
  6. 6. Investigating officers of Police and other departments with powers and duties under this Act
  7. 6A. Board of Experts
  8. 7. Other Boards and Committees
  9. 8. Medical Boards
  10. 9. Control of Director over Prohibition Officers and other Officers
  11. 10. Delegation
  12. 11. Manufacture, etc., of intoxicant to be permitted in accordance with provisions of Act, rules, etc.
  13. 12. Prohibition of manufacture of liquor and construction and working of distillery or brewery
  14. 13. Prohibition of sale, etc., of liquor
  15. 14. Prohibition of export, import, transport, sale, manufacture, etc., of intoxicating drugs
  16. 15. Prohibition of import, export, transport, sale, etc. of sweet toddy
  17. 16. Prohibition of tapping of toddy producing trees and drawing of toddy
  18. 17. Prohibition of possession, etc., of opium
  19. 18. Prohibition of sale to minors
  20. 19. Prohibition of sale of toddy
  21. 20. Prohibition of production, etc., of charas
  22. 21. Alteration of denatured spirit
  23. 21A. Alteration of denatured spirituous preparation
  24. 22. Prohibition of allowing any premises to be used as common drinking house
  25. 22A. Prohibition of issuing prescriptions for intoxicating liquor except by registered medical practitioners
  26. 23. Prohibition of soliciting use of intoxicant or hemp or doing any act calculated to incite or encourage member of public to commit offence
  27. 24. Prohibition of publication of advertisements relating to intoxicant, etc.
  28. 24-1A. Prohibition of consumption of medicinal preparation containing alcohol in excess of normal dose
  29. 24-1B. Prohibition of entry in State in intoxicated condition
  30. 24A. This Chapter not to apply to certain articles
  31. 25. Exemption of preparations
  32. 26. Distilleries and warehouses for intoxicants
  33. 27. Intoxicant or hemp not to be removed from warehouse, etc.
  34. 28. Passes for import, etc.
  35. 29. Through transport
  36. 30. Licence for possession of denatured or rectified spirit and alcohol for industrial or medical purpose
  37. 31. Licences for bona fide medicinal or other purposes
  38. 31A. Licences for purchase, etc., of liquor for manufacture of articles mentioned in section 24-A
  39. 32. Licences for tapping for neera
  40. 33. Trade and import licences
  41. 34. Vendor's licence
  42. 35. Hotel licences
  43. 36. Special import licences to hotels
  44. 37. Dining car licences
  45. 38. Licences to shipping companies and to Masters of ships
  46. 39. Permission to use or consume foreign liquor on warships, troopships and in messes and canteens of armed forces
  47. 40. Temporary resident's permits
  48. 40A. Health permits
  49. 40B. Emergency permits
  50. 41. Special permits to foreign sovereigns, etc.
  51. 42. Permits to be non-transferable
  52. 43. Regulation of use or consumption of foreign liquor by certain permit holders
  53. 44. Licence to clubs
  54. 45. Authorization for sacramental purposes
  55. 46. Visitor's permit
  56. 46A. Tourist's permit
  57. 47. Interim permits
  58. 48. Permits for consumption or use of intoxicating drugs or opium
  59. 48A. Permits to be non-transferable
  60. 49. Power to make rules or pass orders for possession, etc., of opium
  61. 50. Warehousing of opium
  62. 51. Rules for sale, etc., of warehoused intoxicant or hemp
  63. 52. Power of authorised officer to grant licences, permits and passes in certain cases
  64. 53. General conditions regarding licences, etc.
  65. 53A. Certain licensees required to keep measures, etc.
  66. 54. Power to cancel or suspend licences and permits
  67. 55. Holder of licences, etc., not entitled to compensation or refund of fee for cancellation or suspension thereof
  68. 56. Cancellation for other reasons
  69. 57. Attachment of licence
  70. 58. Right, title or interest under licence not liable to be sold or attached in execution
  71. 58A. Supervision over manufacture, etc.
  72. 59. Director entitled to require licence holder or owner to dispose of stocks
  73. 59-D. Regulation of manufacture, etc., of denatured spirituous preparation
  74. 59A. Manufacture of articles mentioned in section 24A
  75. 59B. Analysis of articles mentioned in section 24A
  76. 59C. Prohibition against possession of denatured spirituous preparation in excess of prescribed limit and the regulation of its possession in excess of prescribed limit
  77. 59AA. Control on manufacture, etc., of articles mentioned in section 24A
  78. 60. Prohibition of export or import of mhowra flowers. Control and regulation of transport, sale, etc., of mhowra flowers
  79. 61. Control of export, etc. of molasses
  80. 62. Provisions of sections 53 to 59 to apply to licences granted under section 61
  81. 63. Provision of Act in relation to molasses to be in addition to and not in derogation of Bom. XXXVIII of 1956
  82. 64. 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
  83. 64A. Regulation of manufacture, etc., of rotten gur
  84. 64B. Regulation of manufacture, etc., of ammonium chloride
  85. 64C. Provisions of sections 53 to 59 to apply to licences, permits, etc., granted under sections 64, 64A and 64B
  86. 65. Penalty for illegal import, etc., of intoxicant or hemp
  87. 65A. Punishment for laththa
  88. 66. Penalty for illegal cultivation and collection of hemp and other matters
  89. 66A. Penalty for illegal import, etc., of opium
  90. 67. Penalty for alteration or attempting to alter denatured spirit
  91. 67-1A. Penalty for alteration or attempting to alter denatured spirituous preparation
  92. 67-1B. Penalty for contravention of provision regarding prescriptions
  93. 67A. Penalty for manufacturing articles mentioned in section 24A in contravention of the provisions of section 59A
  94. 67B. Penalty for failure to satisfy the Director under sub-section (1), or to comply with a requisition under sub-section (2), of section 59B
  95. 67C. Penalty for possessing, etc., denatured spirituous preparations in contravention of provisions of sections 59C and 59D
  96. 68. Penalty for opening, etc., of common drinking house
  97. 69. Penalty for illegal import, etc., of mhowra flowers
  98. 70. Penalty for illegal import, etc., of molasses
  99. 70A. Penalty for illegal possession, etc., of rotten gur or ammonium chloride
  100. 71. Penalty for selling molasses at price exceeding fixed price
  101. 72. Penalty for removal of intoxicants, etc.
  102. 73. Penalty for printing or publishing advertisements in contravention of provisions of Act, etc.
  103. 74. Penalty for circulating, etc., newspapers, etc., containing advertisements regarding intoxicants, etc.
  104. 75. Penalty for inciting or encouraging certain acts
  105. 75A. Penalty for contravention of provisions of section 43
  106. 76. Penalty for neglect to keep measures, etc.
  107. 77. Penalty for misconduct by licensee, etc.
  108. 78. Penalty for misconduct by licensed vendor or manufacturer
  109. 79. Liabillity of licensee for acts of servants
  110. 80. Import, export, etc., of intoxicant by any person on account of another
  111. 81. Penalty for attempts or abetment
  112. 82. Breach of licence, permit, etc., to be an offence
  113. 83. Penalty for conspiracy
  114. 84. Penalty for being found drunk in any drinking house
  115. 85. Penalty for being drunk and for disorderly behaviour
  116. 86. Penalty for allowing any premises to be used for purpose of committing an offence under Act
  117. 87. Penalty for chemist, druggist or apothecary for allowing his premises to be used for purpose of consumption of liquor
  118. 88. Penalty for issuing false prescriptions
  119. 89. Penalty for maliciously giving false information
  120. 90. Penalty for offences not otherwise provided for
  121. 91. Demand for security for abstaining from commission of certain offences
  122. 92. Rendering community service in lieu of imprisonment
  123. 93. Demand of security for good behaviour
  124. 94. Execution of bonds in respect of minors
  125. 94A. Punishment for failure in duty by Prohibition Officer or Police officer
  126. 95. Punishment for vexatious search, seizure or arrest
  127. 96. Punishment for vexatious delay
  128. 97. Punishment for abetment for escape of persons arrested
  129. 98. Things liable to confiscation
  130. 99. Return of things liable to confiscation to bona fide owners
  131. 100. Procedure in confiscation
  132. 101. Power of Collector, etc., to order sale or destruction of articles liable to confiscation
  133. 102. Forfeiture of any publication containing advertisement or matter soliciting use of intoxicants
  134. 103. Presumption as to commission of offences in certain cases
  135. 103A. Report of certain registered medical officers as evidence
  136. 104. Compounding of offences
  137. 104A. Bombay Prohibition of Offenders Act, 1938, and section 562 of Code of Criminal Procedure, 1898, not to apply to persons convicted of offence under this Act
  138. 105. Excise duties
  139. 106. Manner of levying excise duties
  140. 107. Fees
  141. 107A. Declaration of stock of articles mentioned in section 24A; maintenance of accounts and submission of returns
  142. 107B. Power to obtain information and to search and seize excisable articles
  143. 108. Penalty for import of intoxicant, etc., without payment of duty
  144. 109. Duty on tapping of toddy trees
  145. 110. Duty by whom payable
  146. 111. Owner of trees entitled to assistance for duty paid
  147. 112. Privilege of drawing toddy from trees belonging to Government
  148. 113. Rules for levy of duty on opium, etc.
  149. 114. Recovery of duties, etc.
  150. 115. Magistrate's power to impose enhanced penalties
  151. 115A. Venue of trial of offence of consumption of intoxicant or hemp
  152. 116. Procedure to be followed by Magistrates
  153. 116A. Tender of pardon to accomplice
  154. 116B. No analysis required for known brand of liquor
  155. 116C. Duty to send sample to laboratory
  156. 117. Investigations, arrests, searches, etc., how to be made
  157. 117A. Maintenance of list of Panchas
  158. 118. Procedure of Code of Criminal Procedure relating to cognizable offences to apply
  159. 119. Certain offences to be non-bailable
  160. 120. Power of entry and inspection
  161. 121. Power to open packages, etc.
  162. 122. Power to require production of licences
  163. 123. Arrest of offenders and seizure of contraband articles
  164. 124. Power to obtain information
  165. 125. Power to seize intoxicants, etc.
  166. 126. Arrest without warrant
  167. 127. Arrest of offenders failing to give names
  168. 128. Issue of warrants
  169. 128A. Certain provisions to apply to denatured spirituous preparations
  170. 129. Prohibition Officers may be empowered to investigate offences
  171. 129A. Power to require persons to submit to medical examination, etc.
  172. 129B. Documents or reports of registered medical practitioner, etc., as evidence
  173. 130. Arrested persons and things seized to be sent to officer-in-charge of Police Station
  174. 131. Bail by Prohibition Officer
  175. 132. Articles seized
  176. 133. Duty of officers of Government and local authorities to assist
  177. 134. Offences to be reported
  178. 135. Landlords and others to give information
  179. 136. Power to arrest and make orders detaining or restricting movements or actions of persons
  180. 137. Appeals
  181. 138. Revision
  182. 139. General powers of State Government in respect of licences, etc.
  183. 140. Power of State Government to prohibit, regulate, or control consumption or use of intoxicants, etc., in public place
  184. 141. Employment of additional Police
  185. 142. Power of Collector to close places where intoxicant or hemp is sold in certain cases
  186. 143. Power of State Government to make rules
  187. 144. Director's power to make regulations
  188. 145. Officers and persons acting under this Act to be public servants
  189. 146. Bar of proceedings
  190. 146A. Limitation of prosecutions or suits against officers
  191. 146B. Provisions of Act not to apply to Government
  192. 147. Provisions of this Act not to apply to import or export across customs frontier
  193. 148. Repeal and amendments
  194. 149. Further repeals and savings consequent on commencement of Bom. XXV of 1949 in other areas of State
  195. 0. Preamble
  196. 64-2. Prohibition against possession of rotten gur in excess of prescribed limit
  197. Schedule I. Schedule I
  198. Schedule II. Schedule II
  199. Schedule III. Schedule III

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