Chapter XI Miscellaneous.

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,-

1. (a) prohibit the grant of any kind of licences, permits, passes or authorisations throughout the 4[State] or in any area;
2. (b) regulate the import, export, transport, possession, sale, purchase, consumption or use of any intoxicant, hemp, mhowra flowers, molasses or any article which is likely to be used for the manufacture of an intoxicant with or without licence, permit, pass or authorisation throughout the 5[State[ or within the limits of any local area subject to such conditions 6[as it may impose]. 7[(c) exempt any person or institution or any class of persons or institutions from all or any of the provisions of this Act or from all or any of the rules, regulations or orders made thereunder or from all or any of the conditions of any licence, permit, pass or authorization granted thereunder, subject to such conditions as it may impose;
3. (d) exempt any intoxicant or class of intoxicants, denatured spirituous preparation, hemp, mhowra flowers or molasses from all or any of the provisions of this Act or from all or any of the rules, regulations or orders made thereunder subject to such conditions as it may impose; (d1) remit or refund wholly or partially any fee in respect of any privilege, licence, permit, pass or authorization granted under this Act or any duty on toddy producing trees or any excise or countervailing duty or fee leviable under this Act on any intoxicant, hemp, mhowra flowers or molasses from any person or institution or from a class of persons or institutions or exempt any person or institution or class of persons or institutions from the payment of such duty or fee subject to such conditions as it may impose;
4. (e) prescribe the maximum number of licences, permits, passes or authorizations of any kind which may be granted in any area or to any class of persons;
5. (f) prescribe the number of places at which any intoxicant specified in such order, 8[denatured spirituous preparation], hemp, mhowra flowers or molasses, may be sold in any area, the location of such places in any area, the days and hours during which such places may or may not be kept open, the number of such places in respect of which licences for sale may be granted and the number of such places which may be 9[managed by the State Government departmentally;]
6. (g) direct that no licence, permit, pass or authorization of the kind specified in such order shall be granted without the previous approval of the 10State Government or also direct any additions or alterations to be made to or in the conditions subject to which under any other provisions of this Act, such licence, permit, pass or authorization can be granted;
7. (h) prescribe the maximum quantity of any intoxicant, 11[denatured spirituous preparation], hemp, mhowra flowers or molasses which may be sold in any area or at any place; 12[(i) prescribe in respect of any place or area, the maximum number of toddy producing trees for tapping which or for drawing toddy from which licence or licences may be granted;] 13[(j) prescribe the procedure for the disposal of any shop or shops authorised to sell any intoxicant, denatured spirituous preparation, hemp, mhowra flowers or molasses under this Act and the procedure to be followed before granting any licence or licences;]
8. (k) direct that before granting licences, auctions may be held, tenders called for or offers received and that licences shall be granted 14[subject to such conditions as may be prescribed] to persons whose bids, tenders or offers are accepted by the Collector;
9. (l) specify the persons or class of persons 15[to whom licences may or may not be granted] and in cases in which auctions are held, the person or classes of persons who may or may not be permitted to offer bids at such auctions;
10. (m) direct that licences of the kind specified in such order shall be granted to persons specified in such order; and
11. (n) issue such other instructions in any matter pertaining to the grant or otherwise of licences, permits, passes or authorizations under this Act, as the 16[State] Government may deem proper. 17[(2) An order made under sub-section (1) shall, if it is of a general nature of affecting a class of persons, be notified in the Official Gazette.]

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. (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.
2. (2) The cost of such additional police shall, if the 5[State] Government so directs, be either in whole or in part defrayed by a tax imposed on the persons hereinbelow mentioned, or by a rate assessed on the property of such persons, or both by a tax and by a rate so imposed and assessed, and charged-
   • (a) either generally on all persons who are inhabitants of the local area to which such notification applies; or
   • (b) specially on any particular section or sections or class or classes of such persons, and the 6[State] Government may direct the proportions in which such tax or rate shall be charged. Explanation.- For the purposes of this section "inhabitants" shall include persons who themselves or by their agents or servants occupy or hold land or other immovable property within such area and landlords who themselves or by their agents or servants collect rents or revenue direct from rayats or occuppiers in such area notwithstanding that they do not actually reside therein.
3. (3) It shall be lawful for the 7[State] Government to extend for a term not exceeding in any case five years the period for the payment of such tax or rate beyond the period for which such additional police are actually employed. 8[(4) The provisions of sub-sections (4) to (7) of section 50 of the 9Bombay Police Act, 1951 (Bom. XXII of 1951) shall apply mutatis mutandis to the recovery of such tax or rate.

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.

1. (2) If a riot or unlawful assembly is imminent or takes place it shall be lawful for any Executive Magistrate or Police Officer who is present to direct that such place shall be closed and kept closed for such period as he thinks fit and in the absence of any Executive Magistrate or Police Officer the person referred to in sub-section (1) shall himself close such place.
2. (3) Any order given under this section shall be final.

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.

1. (2) In particular and without prejudice to the generality of the foregoing provisions the 3State Government may make rules,-
   • (a) regulating the delegation of any powers by the 4Commissioner, by Collector or by any other Prohibition Officer;
   • (b) regulating the import, export, transport, 5collection, sale, purchase, 6bottling, consumption, use or possession of any intoxicant, 7denatured spirtuous preparation or hemp, mhowra flowers or molasses;
   • (c) regulating the manufacture of any intoxicant 8or denatured spirituous preparation;
   • (d) regulating the cultivation and collection of hemp;
   • (e) regulating the tapping of toddy-producing trees and drawing of toddy therefrom ;
   • (f) regulating the grant, suspension or cancellation of licences, permits, passes or authorizations for the import, export, transport, 9collection, sale, purchase, possession, manufacture, 10 bottling, consumption, use or cultivation of any of the above articles mentioned in 11clause (b) and for the matters specified in clause (e);
   • (g) regulating the periods and localities for which the licences may be granted for the wholesale or retail vend of any of the above articles mentioned in clause (b);
   • (h) providing for the consulting of public opinion and prescribing the procedure to be followed and the matters to be ascertained before any licence, permit, pass or authorization for the vend, consumption or use of any of the above articles mentioned in clause (b) is granted to any person or in any locality; 12(h1) prescribing the restrications under which and the conditions on which any licence, permit, pass or authorization may be granted including-
     • (i) the prohibition of the admixture with any intoxicant of any substance deemed to be noxious or objectionable;
     • (ii) the fixing of the strength, price or quantity in excess of or below which any intoxicant or mhowra flowers shall not be sold or supplied, and the quantity in excess of which denatured spirit, denatured spirituous preparation or molasses shall not be possessed or sold and the prescription of a standard or quality for any intoxicant denatured spirituous preparation, mhowra flowers or molasses;
     • (iii) the prohibition of sale of any intoxicant, denatured spirituous preparation or hemp except for cash;
     • (iv) the prescription of the days and hours during which any licensed premises may or may not be kept open and provisions for the closure of such premises on special occasions;
     • (v) the prescription of the nature of the premises on which any intoxicant may be sold and the notices to be exposed at such premises;
     • (vi) the prescription of the accounts to be maintained and the returns to be submitted by licence-holders or permit-holders;
     • (vii) the regulation or prohibition of the transfer of licences;
     • (viii) the writing of the names and addresses and the taking of signatures of purchasers in the register of sale of any intoxicant, hemp, mhowra flowers or molasses or any article the sale or purchase of which is regulated by clause (b) of sub-section (1) of section 139; (h2) (i) declaring the processes by which spirits shall be denatured in particular areas, or for particular purposes;
     • (ii) for causing such spirits to be denatured through the agency or under the supervision of the Government Officers and for the payment of charges for such supervision;
     • (iii) for ascertaining whether such spirits have been denatured;] (i) prohibiting and regulating the employment by the licence-holder of any person or classes of persons to assist him in his business in any capacity whatsoever;
   • (j) prescribing the manner in which the juice from a coconut, barb, date or any kind of palm trees is to be treated for the purpose of preventing fermention; 13[(k) prescribing the persons or classes of persons to whom any intoxicant, denatured spirituous preparation, hemp, mhowra flowers or molasses may or may not be sold or who may or may not be allowed to sell, purchase or use any of these articles;]
   • (l) for the prevention of drunkenness, gambling or disorderly conduct in or near any licensed premises and the meeting and remaining of persons of bad character on such premises; 14[(l1) prescribing the occasions on which special orders may be granted for the sale by retail of larger quantities of liquor or intoxicating drugs, or opium than those which are prescribed in any notification issued under this Act and the conditions on which such sales may be made; (l2) prescribing the amount of security to be deposited by the holder of any licence, permit, pass or authorization for the performance of the conditions for the same; (l3) providing for the maintenance by the holders of licences, permits, passes or authorizations of the registers of sales, purchases, possession, consumption or use and the particulars to be entered in the register;] 15[(m) regulating the grant of rewards or expenses to officers, informants, or persons giving information or assistance in the detection or investigation of offences under this Act, and of compensation to persons charged with offences punishable under this Act and acquitted;]
   • (n) regulating the printing, publishing or otherwise displaying or distributing any advertisement or other matter 16*soliciting the use of, or offering any intoxicant 17[or] hemp or calculated to encourage or incite any individual or class of individuals or the public generally to commit an offence under this Act or to commit a breach or evade the provisions of any rule or order made thereunder or the conditions of any licence, permit, pass or authorization issued thereunder;
   • (o) regulating within the 18State the circulation, distribution or sale of newspaper, news sheet, book, leaflet, booklet or other publication 19printed and published outside the State containg any advertisement or matter which 20* * * solicits the use of, or offers any intoxicant, or hemp 21 * * * *; 22(p) imposing restrictions and conditions on buyers of intoxicant, denatured spirituous preparation, hemp, mhowra flowers or molasses or any article the purchase of which is regulated by clause (b) of sub-section (1) of section 139 including provision for compelling them to sign entries pertaing to the purchase by them of any of these articles; 23* * * * * * * *
   • (r) regulating the taking of samples of molasses; 24(r1) prescribing the constitution of Committees, Boards and Medical Boards or panels thereof and the procedure regarding their work;
   • (s) prescribing the powers, functions and duties of Prohibition Officers, 25boards, Committees and 26Medical Boards or panels thereof and the fees and allowances payable to the members of the 27boards, Committees and 28Medical Boards or panels thereof; 29(t) prescribing the procedure regarding the work of the Board of Experts; 30(t1) prescribing conditions of through transport under section 29;
   • (u) prescribing the fees 31including rent or consideration payable in respect of any privilege, licence, permit, pass or authorization granted or issued under this Act; 32(uu) prescribing the other persons, other institutions or the circumstances under clause (b) of sub -section (3) of section 66;
     • (v) prescribing the period within which and the form in which a declaration under section 107A shall be submitted and the account shall be maintained; 33(w) prescribing the manner of collecting and forwarding blood and prescribing the form of certificates, and the other particulars required to be stated therein under sub-section (2) of section 129A. 34(x) prescribing the form of application, the mode of submitting the application and manner of verification of authenticity of the applicants under clause (b) of sub-section (2) of section 134A;
   • (y) prescribing the eligibility for the appointment as a member of the Gram Rakshak Dal under sub-section (4) of section 134A;
   • (z) prescribing the duties and responsibilities of the members of Gram Rakshak Dal under sub-section (7) of section 134A.
2. (3) The power to make rules under this section shall be subject to the condition of previous publication: Provided that any such rules may be made without previous publication if the 35State Government considers that they should be brought into force at once. 36(4) All rules made under this Act shall be laid for not less than thirty days before each House of the State Legislature as soon as may be after they are made, 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.

144. 1[Commissioners] powers to make regulations.-(1) The 2[Commissioner] may make regulations not inconsistent with the provisions of this Act or rules-

1. (a) regulating as the case may be the 3supply or storage of any intoxicant 4[denatured spirituous preparation] or hemp, mhowra flowers or molasses including-
   • (i) the erection, inspection, supervision, management and control of any place for the manufacture, supply or storage of such article, and the fittings, implements and apparatus to be maintained therein; 5* * * * * * *
2. (b) regulating the deposit of any intoxicant, hemp, 6mhowra flowers or molasses in a warehouse and the removal of such articles from any such warehouse or from any distillery or brewery; 7* * * * * * *
3. (d) prescribing the scale of fees 8[including rent or consideration] or the manner of fixing the fees payable in respect 9* * * of any storage of any intoxicant, hemp, 10mhowra flowers or molasses;
4. (e) regulating the time, place and manner of payment of any duty or fees; 11* * * * * * *
5. (h) providing for the destruction or other disposal of any intoxicant declared to be unfit for use;
   • (i) regulating the disposal of confiscated or forfeited articles; 12* * * * * * m) regarding any other matter which the 13[State] Government may, by notification in the Official Gazette, direct him to prescribe for the purposes of carrying out the provisions of this Act.

1. (2) The regulations made under this section shall be published in the Official Gazette.

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-

1. (a) if the plaintiff does not prove that, previously to bringing such action, he has presented all such appeals allowed by this Act, or any other law for the time being in force, as within the aforesaid period of four months, it was possible to present; or
2. (b) in the case of an action for damages, if tender of sufficient amends shall have been made before the action was brought, or if after the institution of the action a sufficient sum of money is paid into Court with costs, by or on behalf of the defendant.

1. (2) Subject to the provisions of section 197 of the 2Code of Criminal Procedure, 1898 (V of 1898)no Court shall take cognizance of an offence committed or alleged to have been committed by any Prohibition, Police or other officer or any person empowered to exercise powers or to perform functions under this Act, in regard to anything done under this Act, until the sanction of the Collector having jurisdiction has been obtained.

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. (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.
2. (2) But nothing in this Act or any report or amendment made thereby shall affect or be deemed to affect-
   • (i) any right, title, obligation or liability already acquired, accrued or incurred before the commencement of this Act;
   • (ii) any legal proceeding or remedy in respect of any right, title, interest, obligation or liability or anything done or suffered before the commencement of this Act and any such proceeding shall be continued and disposed of, as if this Act was not passed;
   • (iii) the levy of any duties under section 29A of the Bombay Abkari Act, 1878 (Bom. V of 1878), and the recovery of any duties or fees leviable under any other provisions of the Acts hereby repealed, and all such duties or fees shall be leived or recovered, as the case may be, as if this Act was not passed.
3. (3) Any appointment, notification, notice, order, rule or form, made, or issued under any of the enactments repealed by this Act shall continue to be in force and deemed to have been made, granted or issued under the provisions of this Act, in so far as such appointment, notification, notice, order, rule, or form is not inconsistent with the provisions of this Act, unless and until it is superseded by any appointment, notification, notice, order, rule or form made or issued under this Act, notwithstanding the fact that the authority competent to make or issue such notification, notice, order, rule or form is different from that authorized in the enactments repealed and notwithstanding also that such notification, notice, order, rule or form was made or issued in a different form or name.
4. (4) Any licence, permit, pass, authorization or permission granted or issued under any of the enactments repealed by this Act shall continue to be in force and shall be deemed to have been granted or issued under the corresponding provisions of this Act.

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 : Provided that such repeal shall not affect,-

1. (a) the previous operation of any Act so repealed or anything duly done or suffered thereunder, or v(b) any right, privilege, obligation or liability acquired, accrued or incurred under any Acts so repealed, or
2. (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any acts so repealed,
3. (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if those Acts had not been repealed: Provided further that-
4. (a) any licence, permit, pass, authorisation or permission granted or issued under any of the Acts so repealed shall continue to be in force and shall be deemed to have been granted or issued under the corresponding provisions of this Act; and
5. (b) notwithstanding the repeal of any of the Acts aforesaid, for all purposes in connection with the liability for, and the levy, assessment and collection or refund of, any tax, duty or fee (including any penalty) leviable,-
   • (i) under any provisions of section 27A of the Central Provinces and Berar Excise Act, 1915 (C. P. and Bear II of 1915), or
   • (ii) under section 112A of the 3Bombay Prohibition Act, 1949 (Bom. XXV of 1949) as in force in the Saurashtra area, or
   • (iii) before the commencement of this Act in any area under any provisions of any of the Acts repealed by this section, the relevant Acts repealed (including all rules, regulations, notification, and orders made or issued thereunder) shall nevertheless continue in force for all such purposes; and all such taxes, duties and fees shall be levied, assessed, collected, refunded and penalty imposed and paid, as the case may be, as if those relevant Acts had not been repealed.]