The Manipur Liquor Prohibition Act, 1991

Ags oo sg "MANIPUR 37 SAzETTE EXTRAOROTNARY “ Si SEEN PUBLISHED BY Author Mo. 10 Imobal. Monday, - April T1991 (Chava Ls GOVERNMENT OF MANIPUR «I SECRETARIAT :: LAW & LEGISLATIVE AFFAIRS DEPARTMENT - NOTIFICATION Imphal, tbe Ist April. 199] TL aay 90K sail. The Manipur Liquor Prohibition ct, 199] (Act No. 4 of Byes foect Ehisatol the: Governor ove F991 is Bershy published inith/ SESE ERE SE I SESE ..L. TBOMCEX SINGH, B Duty i Secre ta fa to the iitiaVerhmient of Maoipar. ——g An Act fobETRaaur the “prolibition, except for medicinal, scientific, industriar or such purpeses,. of. the production. manufacture, possession, import. export, transport, 3 purchase. sale and consumption of liguor tn th: State of Maniour. =“ Be it enacted by the Legislative Asccmbly of the State of ‘Manipur inthe Jorty-secord year of the Republic of India, ! CHAPTER—I Yyehort Title. Extent and Commencement 3 (1): This Ack: mid be called the. “Manipur Liquor Prohibition Act; 19917, Yes 2

1. (2) It extends to the whole of the Stats of: Manipur.
2. (3) “It’shall come into force on such: dats as the” State “Governtent may, by ‘a notification in the official gazette, appoint.

In this Act, unless there is anything repugnant in the subject or context: (1) "Armed Forces" means persons under the control of the Army Act, 1950 (No. 46 of 1950), Air Force Act, 1950 (No. 45 of 1950), Navy Act, 1957 (No. 62 of 1957), Border Security Forces Act, 1968 (No. 47 of 1968) or members of any other force under the operational command of the Government; (2) "Prescribed" means prescribed by rules made under this Act; (3) "Commissioner" means Prohibition Commissioner appointed under Section 24 of this Act; (4) "Liquor" means any intoxicating liquor containing alcohol and such other substances as the Government may, by notification, declare to be included in this Act; (5) "Manufacture" includes every process, whether natural or artificial, for the rectification of liquor is produced or prepared, also rebottling, flavouring, blending or colouring; (6) "Public place" means a place as defined in the Gambling Act, 1867 (3 of 1867); (7) "Registered medical practitioner" means a person registered under the Indian Medical Council Act, 1956 (No. 102 of 1956); (8) "Prohibition officer" means the Commissioner and any person appointed under Section 25 of this Act; (9) "Rules" means rules made under this Act; (10) "Sale" with its grammatical variations, means any transfer otherwise than by way of gift or loan; (11) "State Armed Police" shall include members of Manipur Rifles, Armed Constabulary or any other State or of the Centre stationed in Manipur; (12) Words and expressions used but not defined in this Act shall have the same meaning as are respectively assigned to them under the Assam Excise Act, 1910.

encourage member of public to commit offence—No preson shall—

“(ay solicit the use of, or offer, any liquor or,

1. (b) do any act which is calculated to, incite or enccurage any class ol individuals or the cublic gererally to commit any offence under this Act or t: commit a breach of any rules, regulation or. order made or the conditions of .anj permit, pass or authorisatjon granted thereunder, 2: 10u: Probibition of consumption "of medicinai preparation containing alco +dnexcess.of normal dose—No person, “spall for tle purpose of producing u state intoxication, consime-any medicinal reparaticn contaiging alcohol in anv Anant .exceeding: the normal doze Ei £hcecding 1 iF 7 El el i ra - : 7 “Explanation—The expression “normal dose”, in. re'ation to any mediing ‘preparation, means the quantity prescribed By a Registered Medical Practition to be taken at a time and in + case where no such prescription has been obtaineg the quantity indicated to be taken ata time in th: directions given hy the mani facturer of the medicinal preparation. f
   • • 4 FER ~, Prohibition of possession of denatured sp irituolis ‘preparation in exc» | x A ured: Spi Ep) prescribed limit—t1) N. person, shail have in his possession, except, under a rer granted by an officer empowered. by. the State Government in that bekalr, guandty of denatured spiritui«us preparation in excess of such quantity as the Si [Government may, by notification in’ the official Gazette, specify. k Se he Specifiing granite fo r. possession. of denntured spirituous preparati wider sub-section: (yregard sh: 55s had fo the necessity for the free possessio such: preparation for legitimate. ‘damestic and other purpose and different limits be fixed for 2 Haiti
2. (a) different local areas, Nii) (b).. different classes of persons; dnd: {c), different occasions. iz «+12: Regulation of manufacture; etc. of denatured spiritucus preparation: Ferson shall—

1. (8) manufacture, sell or bottle for sale any denatured spirit or its prepard, exceptunder the authority and in accordance with the terms and | tions of a permit.
   • (b) "import, cxport or transport any denatured spirit or its prepay ia excess of the limit of possession specified under sub-section Section 11 except under th: authority and in accorcance with tke ters conditions of a permit, ; (¢) drink any denatured spirit or. ifs preparation. Hg 2) 2 permit: *Quited. er :sblscer : ion ¢1) shall be ranted yay officer. or £Mpowered: ‘by the Salar ub Hs 8 Se dee Er $5 on i co BE oe © 13. Genera SBHGES regarding. perce efe. He Alp Permits; pacces on sguborisation granted pens this: Act shail 2) tel © form “ang Shall; be: i Subject to Such: - conditions: ng: Mdy Ee Lrescribed ard shall be: granted on "payment of tke Tre ited: fo Provided hag EYery Fermi, Pass or: Authorisation : .- shall ke granted only. cn fic corditicrs (fa the persen arplying 5 inderiakes the abide, and jn (po SEWED of ihc: cities Zuthetised 10 gran (pat ncH it, pass “Or authorisation is Hil el atic BS alli the conditions of thas ki pass Cor Buthorisation anf fH A AHC Sielitlits Act, Eh SA pa a Or A ge aa? 14. Teany permits i =Notwithstangii gd tbitg ferein ECTS contaiiied, the FA “State Goverripy ern kl LAs which beim ms he 1 eI HSURd: fo. he es Cet Bl bealih ground to: any. A Peer on presripigg | V3 registered edial pacqtongy. cad [a 3 ons cael wading] EL rare a. Tor mitdIea ioniie a Ddustrie) Ges fo The State ais Bt on nciuon Pessession of liquor ‘oped found “that Soha, ERT Ter a bonaride medicinal stienine, patie oT oo -. ~The Sats Governmens. bes SL SLeh cenditions and Tor such periqs BS Tray te EILCd for tbe Log gps Corstnriicn of Jiquor by any + Porson’ who, B— Sh CL : HEE x a) 5G ercigy of Head of a foreign Country, of ro (b), 80 Ambassz dor, Diflor atic EME cr Censyl, Hotoary Gusts op jt iof1ade, CGMmerce or. Ober represer.(atives of a foreign. countrgige: °* ee 6 i, We ES COE BENE Shiny Fercans eCified in Clase @),(b),(c)y er -aty relation id et TES IN Wield lh Spain nea Stine Sb egy FC Ee Ts new cot ua: shied orto CETERA Go Gh £hLusuch” conditions a3 may be "| FRecliedby a peers pp” sis il créer, Permits is o Ua) 1m ‘ale of liquop, and wi YR . i bt ate purchese, usc cr Consumption” of scl liquer in gre State by (he members of Armed Ferces, Fm litary forces and Slate Armed Pelica/ Cm their'mess and canteeps, RCE WoT, iF : ae a y Es Tr eas ; GEA ps ww 5 5 CHET J “4 AB Regulation of ‘use OF Constmplion” of Liquow: by’ Permit HoldersiZ ae ed pet lipids on Bs’ Heigey of a permit vnderany of (fe Provisions of this. Act. shall anak ina pipe Plzce cr institution to 1 Waghave lity AE
     • (ii) No holder of 5 Fermit grated under this Acq shall alloy the uge op consumpticn of any part of the liquor helq by him to any other person not so authorised fo use of consume liquor under (his Act, -

The State Government may, by rules, set by an order in writing, authorise an officer to grant permit to any person or institution for the purchase, possession, or use of any liquor or denatured spirit for the manufacture of any articles mentioned in section 4 on such conditions as may be prescribed: Provided that no person shall have in his possession more than the quantity of denatured spirit except under a permit. Any person who maliciously gives information to any person exercising powers under this Act leading to search, seizure, detention or arrest shall on conviction be punished with imprisonment for a term which may extend to six months or fine which may extend to one thousand rupees or with both.

When any offence under this Act has been committed, the Court may, after hearing evidence, if any, which may be produced by the Commissioner or any other officer authorized by the Government in this behalf, satisfied that the offence has been committed, may order that any thing liable to confiscation shall be confiscated: Provided that no such order shall be made before the expiry of one month from the date of seizure, or without hearing the person if any, who claim any right thereto and the evidence, if any, which he produces in support of his claim.

Any offence under this Act may be compounded on payment of a sum not exceeding two thousand rupees by the prohibition officer on such conditions and restrictions as may be prescribed. No offence shall be compounded if the offender by reason of previous conviction is liable to enhanced punishment of another kind for such offence.

The State Government may delegate any of the powers exercisable by it to the Commissioner or such other officer as it deems fit and the order of the State Government shall be final. The State Government or any other officer appointed or delegated by him to any of the powers shall be subject to such control and revision as may be prescribed.

Every officer of the Government of Manipur shall be legally bound to assist any Prohibition officer, legal authority, excise or police officer or person duly empowered in the execution of the provisions of this Act.

tsioner has 163308 to. beiaye ghia 205 of the articles mentioned in section. 4 affssnat correspond wiih the deseription” ang limitations provided Jn seation: 33 ho: shail: Cis Toga Eds of ;thosaid articles 4 be made ang if upon such gna, i is Jom at the said heres dees fot so rcespond, he Sin “=Ootfess than bfieerudavs: notice SIE Writing fo g1.0 PCISOR ‘Who ig. the manufie Hactirer, “thereof of a Sp RL Have. importedior obaiged Such articla:” 40 showcase: hy the catia Cle Should “not pe dealt with as liquor and such notice. may ‘be ge Ved Tul 1 or by: registered post ay the Commissioner mag determine, and: shal Esper Fie time when, placa Whers, andthe namg of i5e officer before whom suchi pers 0'is= required to: appear, Ea = : © If the FSI800 fails (0: show to. the satisfaction of the Commissinnes OT any other ices 50 named that the sad articly Corresponds With the ¢3 oi cripticn and limitalons - peyideq. In sselibg 37 (pie Commissiorier. mee Dotification jn the Office ¢ aze £5 dite lia (je 32d article pe dealt ith ag a7 liquor ang eign he ie a te Act relating to liquor: khaif “BDEIY to that delice ros aa GT in 5 (2 Whegever the Coin TiStione cases an Smale: 0F an article mepgiggeq- section: 4 to Fe mde ul a fol) or goof on a thereunder, he’ mA, rquireq the’ Person who. jy {he manupacy, SEthereols or why 1 known ¥ CE Felieved to ih OHSS or cba SE icles Lo. sell distriniyie pr = SHherwise dea) wiry, SUEh’ article. O67 rer Oe fon th witheue HI Previous permission of the Commissioner, Tien FSO Snot excoxding i thie mon ths from the date of suely mT ER Se i Sang Sdsdkrowning Communica(ed, {4 him jn writing by ee Commissioner, High Cis es er, or as. the case may be till syep manufacturer gp. ‘other: peso i satishe fhe Commissiorer that the argicle COTIesponds to the description: and: 1 condi, {011s ‘provi. dint Section. 33 and thereupon such: ‘manufacturer op Pessen: shal} compli With sui Bh. requisition during the said. pericd, hE Cag SHE Th ey A i op aise Assess arrangs. 3! istrict Magistra te-or, Magistrare of the First Class; rio once pe Seppe Magi 70 blow the rant oF Susie ; rn ecb REC i] © Stale Government onrhis behalf mas is: jin WATtant for the WEEE Ro ny ¢ NOE He is: T2at0B: to beligver gg “have committed an ‘efgee pihay den YATE or the Tufes thereunder, ‘or % for Be" search ‘wherfab: DMdiV Reh yal OF An biti gs. vissel or place fn. whic fhe has’ reason 1 helieveifthatia; yo [quo aterisi bens; implenient or ppg, oil 0] in respect of which m7a CHCE puis) ble itaderithin pcr hag bean comailleg+ is képe or concealed, ea ee Ta Ht eT Ne Sine PR td

1. (2) The Officer to hom & eich nun da CL. sub-section rk, Jddressed shall: have: aff the. Powers’ OF BE der Section 36. a i SE ee eas 3 LD roe of entry ang inspection: (h Anvio ic (Excise Department 16 ge OW the Fink—or gg Inspector oF Bi © and any: efi, Officer nyt below the rink of Sub-laspector. of prog and any. person Gutharised jn this behalf by he State Government Who Fas reace 1, Believe. fromm £5ena knowledge or from formation received fiom 3 ny Porson that apy. ior material ens imple OO appars sin. Tespect of: which an offence Rioishable undep Niger PET rules is Rep: 2F. Concealed In any building, vessel, or enclosedi placed may, bstween suoris | 20d: qunseq; oo HY Cal E
2. (1) €iter into” any ‘such building, yogse or phe fe
3. (5) When resisted, break opeq any dor and Temioyeany otlier obstacle to such entry; ST
   • (c) seize such liquor, “materiy). utensil, implemen OT apparatus, and!) any documery Or Apparatys, or: other articles which may furnish! evidence of (pe Commission. of the offence; [
   • (d) dean, search sodmreest ang person whom: fe fag reason to pefisve to have ar mited ap eg T, coro! this Act relating to such liquor, n material, viensil, MEIER of apparatus,
     • • Provided that jr such officer fias reason to believe thay 5 Search w rrapy cannot be obtained without affording: OPFOrtunity for the concealment of evidence or facilitaze he escape: ol an: offender, he may, after, 'ecording thy: grovrds A his belief, enter and search such buildings, vessel or enclosed rlacs ‘8t any time betwee, Suiset 248 sanere, 3 § ceive Bata. :
4. (2) Where ap officer receive an, Cibformarion under Stbesection (1), of records groungs fof his belief Under ih cb OViso. thereto he shall forthwity send; 2 cory thereof 1 his immediate SUDEHOY officer, A ET
5. (35) p ‘Cr of sj 1 tits dn blis_places:— Any om k oy QLSejzure ang gira 40 public place, = Any officer : anyNef (1:6 pea relied qa Lhe 35 may 3
   • (a) seize, in any public hinge or i transi any liquor, material, ypeng| imoliment ¢p IPTAIALS Tn esi OF which he ps TEASONS (0 heljey Livi an nilence Pustishiable une S: Act or the rules made thersunder. has ican fo Emitted, and: ato Ei any document or other are Whish may I der Te coma of the offence, an,
   • (hb) detain, <parap Q nd errest any persis wie he has reason to believe to py commited gp. “lence sgainst (his Act. EES: aes SE ;

Proccdure, open se, eg 3 Bey dre ia pp) lic blag, DY to the execution WAFERS and Making of ¢ IEE arrests and SCiZuresiiun CF “this Act,

| limdep his Asyshan HIE en ie Jags of a boseizure ang irre: md fT GF alk gh = Plitiey ET Such en OF seizure q, pa SET Hien) SET i LT Th a magistray Ears Ba. Ghia Td magier La As Rr je BP Ans Snticle seirea under Ean HE BeTniaced uy der custody: $ Qisposed off yg oo oe ¥iSestion: "and a5 Gp the Ease " Bengal ang Assy; CEscisiNees 910755 [extended 10 Maaipyr, | - RE ey iets Tam fs ede. 5 ki a "40," Congestion of drliclest— ple oo the opinion” of gp, Colirt ©. Offence has been committed under {hig Act, he Court. shay) pass an order ¢ the liquor, material, utensij, implement op JPPAEAtUS: in’ respecy of, or by me, of Which the Offence has been committeg Be. confistateg Whether or not PErson has been PUt on trial Or convicted La 1th al] Feceptacle, packy Yesscls “animal, carts or cther vehicles used or. empl 4 to contain or carry Same, unless for sufficient reasons to be recorded incvriling the court dire Otherwise, pr Ss 3 : Provided that any person having Iwlal aim g, any such commodj articles; animals; op other things aforesaid: may file, before the Court a claim : respect ‘thereof Within thir days of sic order of confiscation and jf 4

. 1 claim is made out to the satisfaction. of iho court, the, order of conlfiscatior shall be cancelled and the liquor: oryQther things shall be returned to such claimant, AL Offence to pe reported: Fiery ‘officer of the Sate Government. and every officer OF servant. of a local authority, and the Pradhan of Chiefy Headman/Khullakpa. ‘of ayillzoe “shail bo bound; i: i ¥ 2 a i = : @) to give immediate information at the nearestiPolide Station or to any cfficer qr FeIseh igs horised: in this Fehalf ofithe commission of any ~ eflence ard.of thesinienijcp OTLIEPETatic. te Commit acy cfierce ender _ thls Act which nay “come to his, knowledge ; Ae {b) “to take ih TEasonable mesures: in yheir Power to prevent: the ‘com mission of any auch oe whichis they may know or have rea believe bs abGuigr. if 1 to-bacommifted, : Lol OER RE. : 2 <2: Cocnizance of offerte No. Cour shaf ie Cognizance of an offences.

• • ender this Act unless & complaing ji. the: regard is ‘niage by the Commissioper of prohibition or ‘any officer authorised’ By him, = on . HEY Penairy for illegal impor, Of Ligier: “Wikevs, in’ contravention Rae ProvETons of this acy, or 0 any “rule reeulation oriorder made ‘or EBapy pass, PEEmit or authorisation granted theréindsy - RRR foe a py )- imports or. SXporte any: liquor; £0 Sees any Tiguor; Hoy Constructs OF! works any distillery - or brewery; “fe bates. late TA re et © ee eon iN) uses, Keepy or | lasiin his bossession Any maieridfs, viensils, implements —40 OF Spbarime ro” the. niltpsee of anf cTuriig any Tiquor; Tony ed de Ln HE . EE shall on conviclizn, be punish fren syon offence: with imprisonment for: 8 term which may exiend to this V8 or with fine. or with both: 2 : Ti AS rs a oC Provided thar in the absence of spacial and adequate Teasons: to: the contrary to be mentioned in he Judgemen ent of: the: Court- Radin : \ ay im Ae ah Tn Al

1. (TE) or the, first offence, such fa be less than, siz. i Se ‘months, and fine “shall pot be less: than five ‘hundred rupees; i k 4 ii) for a second offerice; such imprisonment. shall oot be less. thag nine months, and fina: shall Bot be Jess (hap one thousand Fupces; oi % - ra) =» "ni SE
   • (iii) for a (hjra or subsequent offence, such imprisonment shall not be less than one year ‘and tine shal. not: ‘be: less than two thousagd Tupees,

in contravention of section 6 alters or attempts to alter any denatured Spirit or has in his Possession any spirit jn respect of whi.h he knows or “hay - reason to believe thay any such alteration or attempt his beep made shall, on: conviction be Punished with imprisonment for a term which may extend to one year apd fine which may extend to one thousand’ rupees;

Provided thay in the absence of specia| and adequats reasons to fp, oontrary ty pe mentioned ig thy Judgement of the Court, sush imprisonment shall shall not pe less than three months and fine shall not pa less ‘thay five hundred rupess, S { 2) In Prosecutions: under this section, _ jt shay be Presumed, untjj py! Contrary is proved that. the alteration or attempt to alter any depatyred Spirit; was done With the intention. that such spirit may be used for humag Consumptiog a5 liquor, ie HEA Ae i o uw a i ash eit i a0 R45 Penalty for alteration: of, altemptiig - fy. alter denatured Spriritous pre, ‘Paration:—(ry Whoever in contravention of Seetipn 7 alters or altemots to) alter any denatured SPriritoys. Preparatiia;, or his in his Possession any such) Su “Breparation m rescect of which: he knows {op has reason to beligve that ay; steh: alteration OF aitempr bys been: myage “shall; on cenviction, be Punished. With! imprisonment for ate m which “may extend ‘to. ope Year and with fipe which m2 extend 49 ore thousand Tupecs; fii H on Provided: (pat jy the absence of special .and’ adequate feascns to (hy contrary ty by meatianed jn the Judgrment of the Court, sic imprisonmens Shall not be fags thn three months and fine shay not be less tha five hyndrey: rupees, | i “Q) In Prosecutions yp jer this Se tion it shay be presumed, until the contrary is proy ed, thatthe alteration or attempt to alee any denatyred Spriritous: Preparatin Wis dope with’ tha intention typ it may ‘be ye for” humag Sensumpticn as liquor, ea in ¥ Ee IE ’ ! Sn “for contravention Of Provision: regarding prescriptions: —~Whoever— Reh Shiner io bi sa ay . . ty t noe pein ee medial praying, 18SUes a precription for + aan liquor, gr 1 : i ub) teing 5 Tegistered: ‘edical Practitioner, : HE 0 Bemis ig Of the provisions of section § of SU) fails, THROU Feasonable excyse, lo state in (he Prescription for liquor. he paiculns required py Soc 8.10 be stated therein, of

1. (iii) fails qo FRSENVE Sch Grescrigion. Or & CODY thereof, for thy period for which ir is required by that section to" be preseryeg SHAT on Conviction, be pinished with imprisonment for ‘a term whig Sa 4 Pp Ay g om vextend to six months or fina: which may extend tg one ‘thousand Tupe: “98 with, both, Er pc 57 I Penalty for manufacturing grieje mentioed jn section: jn. Contraventio he or ori3ions of section 32:1) Whoever in contravention’ of thy Provisions o “Section: 32 Sak Ce i “ial manufactures, impor or exports any articlo in section 4, or i HB) 5, Uses or disposes of ‘any liquor offer than an ingredjen of agy ~ alicle meationed in section 4 op rp ; t 1®)- usesiinog | Ieobol in the manufacture ;Ob.any of the arficlo mention The 2.4. (han the quan, necessary for extraction. or solyyiey © oh Go Sonne: therein nag: The (0s ‘Preservation of suck fat on nl Re RRR EN AE “RR 9s @ kadwingly ‘sells any sucp article for Befig_igeq 2; Hiquor or aif; any 3 Such articlo under “rcumstone, frm which jt might leasgnably deduce he intentlon of the Putehater . 45 geo thew for such ar Plirpose, ERIS Re, FDR ng Uf . shall op Sonvition, be. punished “With IMPIiSOBment far feren which may exter (5° cng Jean<or, finerooagin both, SEES Ap No pers an ho has been Convicted fap oe RENE iver this Ac or bas jo any hy “money Cunider this Act py way, of. Spesition for such cffence iol Feemitid:ol fatcr; Tact Gp go ogy 26 ict mention ¢d in section 4 Aor pericd of ane Co from. te iz oF gop: ‘senviction or pay- Cinna any person’ wh DO, FANG, sells any yep article jp + poRtessention of tig if ser i Shalt bor finn the" sare punish men as is Provide la 5 office ariel 9 seston, Hs SRN REE Stale Cp pi Ee nT 43 pen ot failiey.. os ails © Eorinisicner un jer section 32: (1) 1p ype TEnufactuier pg; LHe gino etd i sectinney oi show ‘to the Sglisluctivi oye £1) DISS par fe Sr ssn scriptions ang “limita isn E0sided iy LECTignig “Bis licens © [oF the puretiases, USE or possession oF liquor for “= Bonbon cng, ee 2 i Wha EA pmo as SRT Con oon wi fy BSR iy, Comimsionty: boise Subsection (3) oF sory bl el on comer £05.00, the ; Bin Option men for ater which may extend 15 ChE Sear er fine cr with ‘both. i dy, Penaty for Possessing °tc., denature Spirit or jis ‘Preparations jn cop. : Amavention, of Provision gp Section 11 gp 4 1272 Wheever. fa) in contravention of the ProYisions of section 1 Possess Withept FErmit, apy. Ceratured sp jpg cr its Preparation “in extess of. the Gupity’ Prescritept Urder that Section, or wh Ein of eh, of (tion 12 iautactyres; salle bottles for saleior im ort, “EXROfts lor: tray SFotts any Senagured: SPifit Orit pre. Dranloncen sccaledty ims SEER spiituons Prepaau 128 Stalin; convict (CBOE EE HE Ch fa Red Salsa EE INR Sa 0): for the first off © Sith irmprice es Hop aterm whic may exend to 5 EE min by it the a 3Ye iS ene thousa ng fupees: Providedittiat in the absence of special 2nd: adec are: TeasCNs he Zoniry to of mentionda: in jis jidgement OF the Court, such imprising epg $E2ll gat be fags i 3a five hupidred Tupees; 2 x Be i iY 883 sedond ofne. with: Impriscnmrent for fers which yay ‘extend To ta twe years and wig fire which ray extend to ty thausand Trrees: giz Prosideq that, in. the absence Of special and adequage 1e25er stn tho contrary : Jo Be mentioned in: the Judgemen “of tho Ceurt, such IMErisonmep sha) not be “less Yhap six months and (pe fine shall poy be less than one thousand rupees; Gi) for a third £7 subsequent offences, with Fnprisenrusng. fr a term which may extend to MO Years ang wir fine which ray extend to py 5 oh thousand: fupees; i i b 3) Provided that, jn ip, Absence of spepia uy adequate reasons 1q ype contrary, i tobe. mentioned” in” the: Judgement of tie Cour: such 'Mprisonment shat not i beless than nige moths 30d fine shay ot Ee: fess: than one thousand Tupees,

(1) Whoever in any street or thoroughfare or public place or in any place to which the public have or are permitted to have access is found drunk and incapable of taking care of himself or behaves in a disorderly manner under the influence of drink, shall on conviction be punished with imprisonment for a term which may extend to one month or fine which may extend to five hundred rupees or with both, 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 one month and fine shall not be less than one hundred rupees. (2) In prosecutions under this section, it shall be presumed, until the contrary is proved, that the person accused of the said offence has drunk for the purpose of being intoxicated and not for any medicinal purpose.

Whoever is a party: (a) to commit or cause to be committed an offence, or (b) to commit a breach of a condition of any licence, permit, pass, authorisation or order granted or issued under this Act or rules made thereunder, shall, on conviction, be punished with imprisonment for a period which may extend to two years or fine which may extend to one thousand rupees or with both.

Penalty for chemist, druggist of apothecary for allowitig his premises t. be used for purpose of consumption of liquor :—A chemist, druggist, apothecary co keeper of a dispensary who allows, any liquor, which has nct been bonafice medicated: {5 r medicinal. purpose according to theprescription of a registered medica’ practitioner or any intoxicating dria to” be.constmed on his busiriess premises by any, persen,.shaflon canvittinibe punish shawiths imprisonment for a term which may

Jextend;tossiv-months, or Sich may eXlen io one thossnd rurees, er with both, £82 Penn fomiesving False prackiipiivg =If a registered medical practitioner Tissue a prescrintion withthe ‘intention that such prescription shall be used by the Perso Io whom it is issted. for the prrpese of enseming liguer in contravention speofcthe Provisions of this‘Act, er rule, regulaticn er erder race thereunder or LAW REEL Tis or authorisation granted ender this Act, re shall. on conviction, ibe punished with impriscagent for a. term which may. extend to six months of “efne- which may extend to one thousand: rupees Cr with beth, H Baad hi 183. Penal or maliciously giving false inf rmation:— Any persca who maliciously “and folsely gives info mation to any persen eacreising powers under this Act leading fo.usearch, seizure. detention or arrest. shall, on conviction; ‘Fe punisked with mprisonment for a term which miay extend to six months or fine hich may extend

Q:ope:thousand rupees cr with beth.

"64." Penalty for offences not Otherwise provided for:—Wheever is guilty of apy

3 willful act or intentional: omissian jn contravention of the provisions of this B Act, any rule, regulition. or order ‘made’ thereunder or cf any permit, pass or authorisation granted under this: Act, “and if such Act or omissicn is not otherwise made an c fence under. this Act; shall, an conviction, be punithed with the impri- sonment fer a term which: may: extend to six montks or fine which may extend to five hundred rupees or with both. Bi

© = "65. Punishment for vexatious search, seizure or arrest :—Any Oficer or Ferscn

exercising powers under this Act, who— @). malicinusly eriters or searches Of causes to be entered or searched, any

‘building-or house or similar ‘dwelling place, or

(5). vexatiously anc unnecessarily: Seizes. the property of any person in the 5 pretence: of seizing: orsearching for anything liable to confiscation under oo thisActor y 3 EE Rae Yo vexatiously and uniecessarily details searchies of arrest any person, or er al Tn RE ak 5d)" in any otker way maliciously excseds or. abuse, Dis: Jawful powers, shall en. conviction, be punished ‘with 10:p1is0Ement. Rei. term which may extend. to ore year or fine which mayextend “to “Gnesthoisand rugecs or with- toth. a

1. (1) Whenever any offence jiunishable under this Act has been commifleg; {Hier (3) any - liquor, waeriily utensik implanient or apparatus, jo respect of which the olience lias. been committed, or (b) “Shere, lin, A] 8 huniolerce of filegal'knpirt; “export or transport, the Clioides | ltemnied: Toc impart exscrt or iran spon any liquer +. OF demlured sg; {Th Contin enti n, of die pritisians. ef this Act, rule HDAC OToEreee: oF in breach of acorduticn of “3 permit, pass or auhiorizats n, evitole quantity of Sieh iui Ye sutured: spirit which: Sheds atem 0 unt export ep por: oh 6) lien the case ofau nffence of iflesalisile, “the offender has in his tal possession any Tiuer, other “thi That in" respect of which an $ o €0:e Las been committed, the whole ¢f such other liquor. shall be confista’ed’ by the order of the Court. Fe (3) Any.receptacle rackage or covering in which any of “the articles liabla «$0 confiscation’ under” sub-seetion (1) is found and: the Other, coiitents of such Jecoplacie, pickige or covery and the animals, carts, veSsslisior other conse- ances used in Carrying anny such article shail likewise be Jixbie to Coniscation Biche ger of the Court. oe FE Return of things Jishle to coniiscation to fonaiide beers When during he FAL Olu case for an, clfence-under thie. Adie Cart decides that anything is Hat lito Contiscation under tle foregoing secrine, the Court may, after licarirg the. reson, if aay, claiming any right thereto: ard the evidence if any, whicn he produce ih support of his claim, ‘order confiscation. or. in the case of any article other than hquor give the OWECr an opin‘ to pay fine as the court deeds, fit an lizu of confiscation: Veshstie oth doy s+ oe Provided: what no animal, cart, “Nessel, vehicle: or other-conveyance shall bs confiscated if ‘the owner thereof satisfies the court that Seijid exercised due ~.€afe-in preventing the commission “of offence, * 5 PREG CHa en an offence under: ihiis: Act has been committed and._theoflender is*not known. or cannét be found :or:when anything liatle 10 conliscyticn under: this Act js found or. seized, ike Conmmissioner, “or” Distric: Magistrate or avy other officer autiorized by the State Goverament in this behalf may, make’ an inquiry and if after such inquiry he is satisfied that an offence hes teen committed, may order the thing found tobe confiscated: Provided that no such order shall be made before the expiry ‘of ono month + from the date of seizure, or without hearing the person if any,” wno claim any right thereto and the evidecce, if any, which he produces in support of his claim \- G0 Bur of commissioner cte. 40: oxder sale or desjructinn of agtiel le ligkle to Blsealigni~ 1 the thing in uuestion is liable (0 speedy and natural decay, or "if the CE ores Court or the oMficer futitorfzol op ie psig Gsernrient in & i fe pinion thay te: sale wuld Fe for the be: Ht of -ner, hs Tl bibs cr or the fer may. at any fire, direct it to he olf joe the provisions of sxction 23 shall apply so far as may be tothe net proceeds o the sale: [ery thera BAT . . ‘ral decay, cr is of Provided thar. where anihivg is de, to, speedy and jaaueral Ero re ha hy 3 Ri He. x {5 ord bt < (Findivilie, the court ue the’ URAL LONCCTCd nx cre CircuTah, TCestioveds iF ia is LF his CHIEN SRdertis cypediane in the circumstances Co Foti of puieans hn fete, < Yiciting “ise of Hanger; sth) Where apy Mewpsr, nesSstizery bu. ik; Teatiey heeklen or uther TR oor ering of oT lished fC the Stee Gy Lerment to ERI Gav diver eae its Miering the uss fl SER any ducer, he Sage sfGavernnent yo. Pron tical MUR te CET Gast, ved TI every comy of Stich pews payer, Fevsestedtl pel, Bailes, hoollg rote oe licatiag tbe furicited (gay Ste EAL and aree pena ¥ Police Oliver may seize Es same wheres ee fonad gy 2 Strta, AY Magister te my, by warrant Authorize an Foiiee Oi er mot be ow the TRIN Sak nopeot re enter en nnd search fo the same is, BUF DEises WATE any copy of agen issue or any such news. PUD dieses a Pane Bet ha skier crsther publication om Whe or may be ress nably wsesger fo Fe. Every mann js. cet under this cection shall he ex, Cured ir the manner peovilg for tie o cution of search AAS under the Code of Crrsical Pr. Oye 1473, . Meas : Hoy The dedlaraiion of the Stare Government under this “Section shall pe Baabiendenbal nog re questicred in any Court. TL Treeuiuption to the. commission'af offences jn certain eases: —(1) In prose. Cutis Gnder eye SLEPratistons "Wf his “Clit shall be presumed without fopther ead wife FORRES Broved thatthe. ateuscd Ferson fas commited amcsllence wnder fs Ni Be eesrect of hada Ley Estill, utensiy, imalement CL opFdiatis. NL (TT manufictire of liquer oe any materials v. hich Juve untergene any PEISESBNINGS Mh radu icine + T any Liguer bas been mq y- ‘factored, Tor the Possession el fwinali nie is unable ts Account satisfactorily, i PRERE vlc RI EY any trial for tn atience: of manufacture of Jigyor and using SESE ue nar iy COLUEL EI OF the: provisions of this Act, it is proved had the ascused P3rson was present bythe. side el thy still w hile it was working “Or othat™he vas the wner or ceeipicr shaving the cre, wherein such sill was uted than he biden. of Provisg that the: acctised paeain had nog used, or had not abettd gn us'ng the still for manuficturing, liquor “shall be on ths accused person and tie Court shall, in the absefice of such proof presume to the Contrary. ~ fis . , »

this Act has been commifleg; {Hier

1. (3) any - liquor, waeriily utensik implanient or apparatus, jo respect of which the olience lias. been committed, or
   • (b) “Shere, lin, A] 8 huniolerce of filegal'knpirt; “export or transport, the Clioides | ltemnied: Toc impart exscrt or iran spon any liquer +. OF demlured sg; {Th Contin enti n, of die pritisians. ef this Act, rule HDAC OToEreee: oF in breach of acorduticn of “3 permit, pass or auhiorizats n, evitole quantity of Sieh iui Ye sutured: spirit which: Sheds atem 0 unt export ep por: oh 6) lien the case ofau nffence of iflesalisile, “the offender has in his tal possession any Tiuer, other “thi That in" respect of which an $ o €0:e Las been committed, the whole ¢f such other liquor. shall be confista’ed’ by the order of the Court. Fe
2. (3) Any.receptacle rackage or covering in which any of “the articles liabla «$0 confiscation’ under” sub-seetion (1) is found and: the Other, coiitents of such Jecoplacie, pickige or covery and the animals, carts, veSsslisior other conse- ances used in Carrying anny such article shail likewise be Jixbie to Coniscation Biche ger of the Court. oe FE Return of things Jishle to coniiscation to fonaiide beers When during he FAL Olu case for an, clfence-under thie. Adie Cart decides that anything is Hat lito Contiscation under tle foregoing secrine, the Court may, after licarirg the. reson, if aay, claiming any right thereto: ard the evidence if any, whicn he produce ih support of his claim, ‘order confiscation. or. in the case of any article other than hquor give the OWECr an opin‘ to pay fine as the court deeds, fit an lizu of confiscation: Veshstie oth doy s+ oe Provided: what no animal, cart, “Nessel, vehicle: or other-conveyance shall bs confiscated if ‘the owner thereof satisfies the court that Seijid exercised due ~.€afe-in preventing the commission “of offence, * 5 PREG CHa en an offence under: ihiis: Act has been committed and._theoflender is*not known. or cannét be found :or:when anything liatle 10 conliscyticn under: this Act js found or. seized, ike Conmmissioner, “or” Distric: Magistrate or avy other officer autiorized by the State Goverament in this behalf may, make’ an inquiry and if after such inquiry he is satisfied that an offence hes teen committed, may order the thing found tobe confiscated: Provided that no such order shall be made before the expiry ‘of ono month + from the date of seizure, or without hearing the person if any,” wno claim any right thereto and the evidecce, if any, which he produces in support of his claim \- G0 Bur of commissioner cte. 40: oxder sale or desjructinn of agtiel le ligkle to Blsealigni~ 1 the thing in uuestion is liable (0 speedy and natural decay, or "if the CE ores Court or the oMficer futitorfzol op ie psig Gsernrient in & i fe pinion thay te: sale wuld Fe for the be: Ht of -ner, hs Tl bibs cr or the fer may. at any fire, direct it to he olf joe the provisions of sxction 23 shall apply so far as may be tothe net proceeds o the sale: [ery thera BAT . . ‘ral decay, cr is of Provided thar. where anihivg is de, to, speedy and jaaueral Ero re ha hy 3 Ri He. x {5 ord bt <

(Findivilie, the court ue the’ URAL LONCCTCd nx cre CircuTah,

TCestioveds iF ia is LF his CHIEN SRdertis cypediane in the circumstances Co Foti of puieans hn fete, < Yiciting “ise of Hanger; sth) Where apy Mewpsr, nesSstizery bu. ik; Teatiey heeklen or uther TR oor ering of oT lished fC the Stee Gy Lerment to ERI Gav diver eae its Miering the uss fl SER any ducer, he Sage sfGavernnent yo. Pron tical MUR te CET Gast, ved TI every comy of Stich pews payer, Fevsestedtl pel, Bailes, hoollg rote oe licatiag tbe furicited (gay Ste EAL and aree pena ¥ Police Oliver may seize Es same wheres ee fonad gy 2 Strta, AY Magister te my, by warrant Authorize an Foiiee Oi er mot be ow the TRIN Sak nopeot re enter en nnd search fo the same is, BUF DEises WATE any copy of agen issue or any such news. PUD dieses a Pane Bet ha skier crsther publication om Whe or may be ress nably wsesger fo Fe. Every mann js. cet under this cection shall he ex, Cured ir the manner peovilg for tie o cution of search AAS under the Code of Crrsical Pr. Oye 1473, . Meas : Hoy The dedlaraiion of the Stare Government under this “Section shall pe Baabiendenbal nog re questicred in any Court. TL Treeuiuption to the. commission'af offences jn certain eases: —(1) In prose. Cutis Gnder eye SLEPratistons "Wf his “Clit shall be presumed without fopther ead wife FORRES Broved thatthe. ateuscd Ferson fas commited amcsllence wnder fs Ni Be eesrect of hada Ley Estill, utensiy, imalement CL opFdiatis. NL (TT manufictire of liquer oe any materials v. hich Juve untergene any PEISESBNINGS Mh radu icine + T any Liguer bas been mq y- ‘factored, Tor the Possession el fwinali nie is unable ts Account satisfactorily, i PRERE vlc RI EY any trial for tn atience: of manufacture of Jigyor and using SESE ue nar iy COLUEL EI OF the: provisions of this Act, it is proved had the ascused P3rson was present bythe. side el thy still w hile it was working “Or othat™he vas the wner or ceeipicr shaving the cre, wherein such sill was uted than he biden. of Provisg that the: acctised paeain had nog used, or had not abettd gn us'ng the still for manuficturing, liquor “shall be on ths accused person and tie Court shall, in the absefice of such proof presume to the Contrary. ~ fis . , »

Any offence under this Act may be compounded on realization of a sum not exceeding Rs. 1,000 only on the orders of the prohibition officer and such conditions and restrictions as may be prescribed.

• Bday 10 py Bob fn od CURA ie CHIE fw ope, PSHE pd de tiey cop. Freres HERO Taw or CEE Ray Santor ee aba Tn Eley any © eNeeiod yng rut in forces fin tie dupr Mniner ¥en authority ay it this Act hasnt been Massed, Ch fin Ws SRR by [a fone at Sp sun 0E Danes he Seaie Goremment gy. MAKE rulest (1) The 510, Govern- ENC AN 0 ake feles for ha PREPAC GE irri, cute BESSisicns of ss Ce a is Gita ¢ ) CW eatic lar aad Without Preitdiceit ins ‘enerahiny of lise. foregoing PORCINE Sate: Governiminy may make rules: Sn { LL ©)" rsoutating 1,0 delegation of MY Pers by the Commissioner. or by any g ‘ther Prohibition ollicer; Fr 3 1) stsotsing. ne import, evpary trdpar, Coilecrien, gute, Purchase, Butthing; cons umptioy, use ‘or PUSSESSID GI hquer or denugred spirit OF itsvipraparation : yr ii. regulating the manutacture of NES piituing freparag ng Sse Gancengatis he (iv) Tegulating the Grant, suspencion op canceliit'an. of PEEMELS, passes op autlrivatiogg for the impor, CXPOIT. trapspor:. <atlectinn, sale purchase Possession; manufacture, bottling consumption, yya. clany of the above [] mentinied- articles « cs ig AD) reguiaging whe Periods and Jecajities For \itich The permit may te granted for the! wholesile or Teil vend: of; unyiaf the above irticles mentioned ; (vi) Prescribing the restrictions urder which. and ther enigitions on hich apy Permit. pass op 2Uthoriz: lin may le granted itiucing =i) tpg © prehibition of the wdmizire With EY hguer oop any sub dance deemed 1g be novious or ohjecticnabie ; (by the prohibitian of sale of deantured spire denatured sgirituous preparation, except for” cash ; (©) the prescription of the days and hours during which any premises my or may not be kept open and provisicns for the closure of such premises ; . (d) the prescription of the accounts to be muintained and the returns ~ to: be submitted: by. permit helders ; (e) the regelation. or prehitition of “the transfer of permit.” (vii) (a) decivring the processeseby wich spirits shall be denatured ; (b) [= cavsing such Spirits tobe deaatured through the acency oF under: tha! sure rvision ofthe Gavernment Oilicers and for SRE pay ment UT hare dr such: supervision ; 3 (fr ascertoising whetker such spirits have been denatured. Git prohiiive and re zulating thie employment by tise permit holder of Si SAONEE Sn 40 ast Kim in his business Inany capacity whatsaever : iy presets the persons or classes (f persans ta whom any liquor or CEE de wired Sofrity. us Preparation, may or pf ks «, Hor v ho my not rT Ee alcued te sa, DARCEAST OF use any of (hese articles ; SA) preserving the amount of: secutity to be deposited by the holder of SOUL any pert, PAs or authorization: for the due retformance of the Liv eonditions for the same; Lindy : HN) previdicg far gue roa inn ce By the holders of rermits, “asses or “07 authorization of the registers of sales. purchase. possession, consump. tion or use and the particulars to: beertered in the register ; (xi) regulatieg the. gent of rewards or expenses ta officers, or pPersors giving informativ nor assisernie in the detection or investig ition of cllences under tis: Acy, and eficompensativn to Persons chai gad With, ¢ fences rrnfShible under this Act znd acquitted ; (ii) prosciiving the eonstituti fof committees, add Bards aad tae on Procedure remarking their werk H (xiv) preseriting the powers: functions and duties cf Prihitition officers, = Bourdes and: Committees, Tho fess and allewancs payable to the mesioers of. the Boards; and committees ; | (3¥) prescribing the fees Payable ia fespect of aay privil:ge, permit pass, or authorization granted” of issued under. this Act. 3. Every rule made under this: section shall be. hid as s~on ag may be, after © itis made, before the M.nipar Legislative Assembly while i+ is in session for a <i total period of seven days, Which” may be comprised in one session or in two "successive sescions, and jf, before "the: expiry of the session in which it js so laid or the sessions immediately following,” the Manipur Legislative Assembly decide to make any modification in the rule or the Manipur Legislative Assembly © agree that the rule should not be ‘mace, the rule shall thereafter have effect only x in"'such moditied form, or be of no effect as the case may be; so bowever that .‘8y such modification or annulment shall be without prejudice to the validity -of any thing previously done under. this rule. : og y | il

All officers and perscrs cmpowcrcd to exercise any power or to perform any functions under this Act shall be deemed to be public servants within the meaning of section 20 of the Indian Penal Code.

Nothing in this Act shall apply— (i) in respect of any liquor, denatured spirit and their preparations which are the property and in the possession of the Government and in respect of liquor manufactured and used by the Scheduled Castes and Scheduled Tribes of Manipur, excluding India made foreign liquor and foreign liquor provided it is used for customary and traditional purposes subject to such conditions and restrictions as may be specified by notification in the official gazette.

(1) If any difficulty or doubt arises in giving effect to provisions of this Act, the State Government may by order published in the Gazette, make such provisions, not inconsistent with the purpose of this Act appear to it to be necessary or expedient for the removal of the difficulty or doubt; and the order of the State Government in such cases shall be final.