Chapter III Prohibitions

Notwithstanding anything contained in the following provisions of this Chapter, it shall be lawful to import, export, transport, manufacture 1[bottle], sell, buy, possess, use or consume any intoxicant or hemp 2[or to cultivate or collect hemp] or to tap any toddy producing tree or permit such tree to be tapped or to draw toddy from such tree or permit toddy to be drawn therefrom in the manner and to the extent provided by the provisions of this Act 3[or] any rules, regulations or orders made or in accordance with the terms and conditions of a licence, permit, pass or authorization granted thereunder.

1[11A. Power of Gram Sabha to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant.- 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 or the Panchayat Samiti or the Zilla Parishad to enforce prohibition or to regulate or restrict the sale and consumption of intoxicant in Scheduled areas within its jurisdiction : Provided that, the decision taken by majority 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. Explanation.- For the purpose of this section,-

1. (i) the expression "Gram Sabha", "Panchayat" and "Scheduled Areas" shall have the meanings, respectively assigned to them in the £Bombay Village Panchayats Act, 1958 (Bom. III of 1959) ;
2. (ii) the expression "Panchayat Samitis" and "Zilla Parishads" shall have the meanings respectively, assigned to them in the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Bom. III of 1959).]

No person shall-

1. (a) manufacture liquor;
2. (b) construct or work any distillery or brewery;
3. (c) import, export, transport or possess liquor; or
4. (d) sell or buy liquor.

No person shall-

1. (a) bottle any liquor for sale;
2. (b) consume or use liquor; or
3. (c) use, keep or have in his possession any materials, still, utensils, implement or apparatus whatsoever for the manufacture of any liquor.

No person shall-

1. (a) export, import, transport or possess any intoxicating drug;
2. (b) cultivate or collect the hemp 1* * *
3. (c) use, keep or have in his possession any materials, still, utensils, implements or apparatus whatsoever for the manufacture of any intoxicating drug;
4. (d) sell or buy any intoxicating drug;
5. (e) consume or use any intoxicating drug; or
6. (f) manufacture any intoxicating drug.

No person shall-

1. (a) import, export, transport or possess sweet toddy or nira;
2. (b) bottle sweet toddy or nira for sale; or
3. (c) sell or buy sweet toddy or nira.

No person shall—

1. (a) tap any toddy producing tree or permit to be tapped any toddy producing tree belonging to him or in his possession; or
2. (b) draw toddy from any tree or permit toddy to be drawn from any tree belonging to him or in his possession.

No person shall-

1. (a) possess opium;
2. (b) transport opium;
3. (c) import or export opium;
4. (d) sell or buy opium; or
5. (e) consume or use opium.

18. Prohibition of sale to 1[minors].- No licensed vendor and no person in the employ of such licensed vendor or acting with the express or implied permission of such licensed vendor on his behalf shall sell or deliver any intoxicant 2[to any person who is a minor] whether for consumption by such person or by other person and whether for consumption on or off the premises of such licensed vendor.

1[Prohibition of sale of toddy] Deleted by Bom. 22 of 1960. s. 10.

No person shall-

1. (a) produce,(f) transport,
2. (b) manufacture,(g) buy,
3. (c) possess,(h) sell,
4. (d) export,(i) consume, or
5. (e) import,(j) use, charas.

No person shall-

1. (a) alter or attempt to alter any denatured spirit by dilution with water or by any method whatsoever, with the intention that such spirit may be used for human consumption, whether as a bewerage or internally as a medicine or in any other way whatsoever; or
2. (b) have in his possession any denatured spirit in respect of which he knows or has reason to believe that such alteration or attempt has been made.

1[21A. Alteration of denatured spirituous preparation.- No person shall-

1. (a) alter or attempt to alter any denatured spirituous preparation by dilution with water or by any method whatsoever, with the intention that such preparation may be used for human consumption as an intoxicating liquor; or br
2. (b) have in his possession any denatured spirituous preparation in respect of which he knows or has reason to believe that such alteration or attempt has been made.]

No person shall-

1. (a) open or keep or use any place as a common drinking house; or
2. (b) have the care, management or control of, or in any manner assist in conducting the business of, any place opened, or kept or used as a common drinking house.

1[22A. Prohibition of issuing prescriptions for intoxicating liquor except by registered medical practitioners.- (1)No person other than a registered medical practitioner, shall issue any prescription for any intoxicating liquor.

1. (2) No registered medical practitioner shall prescribe such intoxicating liquor, unless he believes in good faith after careful medical examination of the person for whose use such prescription is sought, that the use of such intoxicating liquor by such person is necessary, and will afford relief to him from some known ailment.
2. (3) A registered medical practitioner shall state, in every prescription for intoxicating liquor issued by him, the name and address of the person to whom issued, the date of issue, directions for use, and the amount and frequency of the dose, and shall preserve a copy of the prescription for one year from the date of issue. On the copy so preserved he shall state the purpose or ailment for which the intoxicating liquor is prescribed.]

No person shall-

1. (a) 1* solicit the use of 2[or] offer any intoxicant or hemp; or 3* * * * * * * *
2. (c) do any act which is calculated to incite or encourage any member of the public or a class of individuals or the public generally to commit any offence under this Act or to commit a breach of any rule, regulation or order made thereunder or the conditions of any licence, permit, pass or authorization granted thereunder.

1. (1) No person shall print or publish in any newspaper, news-sheet, book, leaflet, booklet or any other single or periodical publication or otherwise display or distribute any advertisement or other matter,-
   • (a) which 1solicits the use of or offers any intoxicant or hemp;
   • (b) which is calculated to encourage or incite any individual, class of individuals or the public generally to commit an offence under this Act, or to commit a breach of or to evade the provisions of any rule, regulation or order made thereunder or the conditions of any licence, permit, pass or authorization granted, thereunder.
2. (2) Save as otherwise provided in sub-section (3), nothing in this section shall apply to-
   • (a) catalogue or price lists which may be generally or specially approved by the 2[Commissioner] in this behalf;
   • (b) any advertisement or other matter contained in any newspaper, news sheet, book, leaflet, booklet or other publication printed and published outside the 3[State];
   • (c) any advertisement or other matter contained in any newspaper printed, and published in the 4[State] before such date as the 5[State] Government may by notification in the Official Gazette, specify; and
   • (d) any other advertisement or matter which the 6[State] Government may, by notification in the Official Gazette, generally or specially exempt from the operation of this section.
3. (3) Notwithstanding anything contained in sub-section (2), the 7[State] Government may, by notification in the Official Gazette, prohibit within the 8[State] the circulation, distribution or sale of any newspaper, news-sheet, book, leaflet, booklet or other publication printed and published outside the 9[State] which contains any advertisement or matter,-
   • (a) which 10*solicits the use of or offers any intoxicant or hemp; or
   • (b) which is calculated to encourage or incite any individual or class of individuals or the public generally to commit any offence under this Act or to commit a breach of or to evade the provisions of any rule, regulation or order made thereunder, or the conditions of any licence, permit, pass or authorisation granted thereunder.

1[24A.This Chapter not to apply to 2[certain articles.].-Nothing in this Chapter shall be deemed to apply to-

1. (1) any toilet preparation containing alcohol which is unfit for use as intoxicating liquor;
2. (2) any medicinal preparation containing alcohol which is unfit for use as intoxicating liquor; 3[(3) any antiseptic preparation or solution containing alcohol which is unfit for use as intoxicating liquor;
3. (4) any flavouring extract, essence or syrup containing alcohol which is unfit for use as intoxicating liquor:] Provided that 4[such article] corresponds with the description and limitations mentioned in section 59A: Provided further that the purchase, possession or use of any liquor or alcohol for the manufacture of any 4[such article] shall not be made or had except under a licence granted under section 31A. 5[Explanation.- Nothing in this section shall be construed to mean that any person may drink any toilet preparation, or antiseptic preparation or solution, containing alcohol; and it is hereby provided that no person shall drink any such preparation.]]