Maharashtra Prohibition Act

Act number: 25 of 1949
Enacted: 20 May 1949
Contents: 183 sections

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Section 1 – Short title, extent and commencement
Section 2 – Definitions
Section 3 – Commissioner of Prohibition and Excise
Section 4 – Collectors
Section 5 – Subordinate officers
Section 6 – Investing officers of Police and other departments with powers and duties under this Act (preview)
Section 6A – Board of Experts (preview)
Section 7 – Other Boards and committees (preview)
Section 8 – Medical Boards (preview)
Section 9 – Control of Commissioner over Prohibition officers and other officers (preview)
Section 10 – Delegation (preview)
Section 11 – Manufacture, etc., of intoxicant to be permitted in accordance with provisions of Act, rules, etc (preview)
Section 11A – Power of Gram Sabha to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant (preview)
Section 12 – Power of Gram Sabha to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant (preview)
Section 13 – Prohibition of sale, etc., of liquor (preview)
Section 14 – Prohibition of export, import, transport, sale, manufacture, etc., of intoxicating drugs (preview)
Section 15 – Prohibition of import, export, transport, sale, etc., of sweet toddy (preview)
Section 16 – Prohibition of tapping of toddy producing trees and drawing of toddy (preview)
Section 17 – Prohibition of possession, etc., of opium (preview)
Section 18 – Prohibition of sale to minors (preview)
Section 19 – (Deleted.) (preview)
Section 20 – Prohibition or production, etc., of charas (preview)
Section 21 – Alteration of denatured spirit (preview)
Section 21A – Alteration of denatured spirituous preparation (preview)
Section 22 – Prohibition of allowing any premises to be used as common drinking house (preview)
Section 22A – Prohibition of issuing prescriptions for intoxicating liquor except by registered medical practitioners (preview)
Section 23 – Prohibition of soliciting use of intoxicant or hemp or doing any act, calculated to incite or encourage member of public to commit offence (preview)
Section 24 – Prohibition of publication of advertisements relating to intoxicant, etc (preview)
Section 24A – This Chapter not to apply to certain articles (preview)
Section 25 – Exemption of preparations (preview)
Section 26 – Distilleries and warehouses for intoxicants (preview)
Section 27 – Intoxicant or hemp not to be removed from warehouse, etc (preview)
Section 28 – Passes for import, etc (preview)
Section 29 – Through transport (preview)
Section 30 – (Deleted) (preview)
Section 31 – Licences for bona fide medicinal or other purposes (preview)
Section 31A – Licences for purchase, etc., of liquor for manufacture of articles mentioned in section 24A (preview)
Section 32 – Licences for tapping for neera (preview)
Section 33 – Trade and import licences (preview)
Section 34 – Vendor’s Licence (preview)
Section 35 – Hotel Licences (preview)
Section 36 – (Deleted) (preview)
Section 37 – (Deleted) (preview)
Section 38 – Licences to shipping companies and to Masters of ships (preview)
Section 39 – Permission to use or consume foreign liquor on warships, troop ships and in messes and canteens of armed forces (preview)
Section 40 – Permits (preview)
Section 40A – Health permits (preview)
Section 40B – Emergency permits (preview)
Section 41 – Special permits to foreign sovereigns, etc (preview)
Section 42 – (Deleted) (preview)
Section 43 – Regulation of use or consumption of foreign liquor by certain permit-holders (preview)
Section 44 – Licence to clubs (preview)
Section 45 – Authorization for sacramental purposes (preview)
Section 46 – Visitor’s permit (preview)
Section 46A – Tourist’s permit (preview)
Section 47 – Interim permits (preview)
Section 48 – Permits for consumption or use of intoxicating drugs or opium (preview)
Section 48A – Permits to be non-transferable (preview)
Section 49 – Exclusive privilege of Government to import, etc., intoxicants, etc. and fees levied include rent or consideration for grant of such privilege to person concerned (preview)
Section 50 – (Deleted) (preview)
Section 51 – (Deleted) (preview)
Section 52 – Power of authorized officer to grant licences, permits and passes in certain cases (preview)
Section 53 – General conditions regarding licences, etc (preview)
Section 53A – Certain licensees required to keep measures, etc (preview)
Section 54 – Power to cancel or suspend licences and permits (preview)
Section 55 – Holder of licence, etc., not entitled to compensation or refund of fee for cancellation or suspension thereof (preview)
Section 56 – Holder of licence, etc., not entitled to compensation or refund of fee for cancellation or suspension thereof (preview)
Section 57 – Attachment of licence (preview)
Section 58 – Right, title or interest under licence not liable to be sold or attached in execution (preview)
Section 58A – Supervision over manufacture, etc (preview)
Section 59 – Commissioner entitled to require licence holder or owner to dispose of stocks (preview)
Section 59A – Manufacture of articles mentioned in section 24A (preview)
Section 59AA – Control on manufacture, etc., of articles mentioned in section 24A (preview)
Section 59B – Analysis of articles mentioned in section 24A (preview)
Section 59C – Prohibition against possession of denatured spirituous preparation in excess of prescribed limit and the regulation of its possession in excess of prescribed limit (preview)
Section 59D – Regulation of manufacture, etc., of denatured spirituous preparations (preview)
Section 60 – Prohibition of export or import of mhowra flowers. Control and regulation of transport, sale, etc., of mhowra flowers (preview)
Section 61 – Control of export, etc., of molasses (preview)
Section 62 – Provisions of sections 53 to 59 to apply to licences granted under section 61 (preview)
Section 63 – Provision of Act in relation to molasses to be in addition to, and not in derogation of Bom. XXXVIII of 1956 (preview)
Section 64 – (Deleted.) (preview)
Section 65 – Penalty for illegal import, etc. of intoxicant or hemp (preview)
Section 66 – Penalty for illegal cultivation and collection of hemp and other matters (preview)
Section 66A – Penalty for illegal import, etc., of opium (preview)
Section 67-IA – Penalty for alteration or attempting to alter denatured spirituous preparation (preview)
Section 67-IB – Penalty for contravention of provision regarding prescriptions (preview)
Section 67A – Penalty for manufacturing articles mentioned in section 24A in contravention of the provisions of section 59A (preview)
Section 67B – Penalty for failure to satisfy the Commissioner under sub-section (1) or to comply with a requisition under sub-section (2) of section 59B (preview)
Section 67C – Penalty for possessing, etc., denatured spirituous preparations in contravention of provisions of section 59C and 59D (preview)
Section 68 – Penalty for opening, etc., of common drinking house (preview)
Section 69 – Penalty for illegal import, etc., of mhowra flowers (preview)
Section 70 – Penalty for illegal import, etc., of molasses (preview)
Section 71 – (Deleted) (preview)
Section 72 – Penalty for removal of intoxicant, etc (preview)
Section 73 – Penalty for printing or publishing advertisements in contravention of provisions of Act, etc (preview)
Section 74 – Penalty for printing or publishing advertisements in contravention of provisions of Act, etc (preview)
Section 75 – Penalty for inciting or encouraging certain acts (preview)
Section 75A – Penalty for contravention of provisions of section 43 (preview)
Section 76 – Penalty for neglect to keep measures, etc (preview)
Section 77 – Penalty for misconduct by licensee, etc (preview)
Section 78 – Penalty for misconduct by licensed vendor or manufacturer (preview)
Section 79 – Liability of licensee for acts of servants (preview)
Section 80 – Import, export, etc., of intoxicant by any person on account of another (preview)
Section 81 – Penalty for attempt or abetment (preview)
Section 82 – Breach of licence, permit, etc., to be an offence (preview)
Section 83 – Penalty for conspiracy (preview)
Section 84 – Penalty for being found drunk in any drinking house (preview)
Section 85 – Penalty for being drunk and for disorderly behaviour (preview)
Section 86 – Penalty for allowing any premises to be used for purpose of committing an offence under Act (preview)
Section 87 – Penalty for chemist, druggist or apothecary for allowing his premises to be used for purpose of consumption of liquor (preview)
Section 88 – Penalty for issuing false prescriptions (preview)
Section 89 – Penalty for maliciously giving false information (preview)
Section 90 – Penalty for offences not otherwise provided for (preview)
Section 91 – Demand for security for abstaining from commisssion of certain offences (preview)
Section 92 – (Deleted) (preview)
Section 93 – Demand of security for good behaviour (preview)
Section 94 – Execution of bonds in respect of minors (preview)
Section 95 – Punishment for vexatious search, seizure or arrest (preview)
Section 96 – Punishment for vexatious delay (preview)
Section 97 – Punishment for abetment for escape of persons arrested (preview)
Section 98 – Things liable to confiscation (preview)
Section 99 – Return of things liable to confiscation to bona fide owners (preview)
Section 100 – Procedure in confiscation (preview)
Section 101 – Power of Colletor, etc., to order sale or destruction of articles liable to confiscation (preview)
Section 102 – Forfeiture of any publication containing advertisement or matter soliciting use of intoxicants (preview)
Section 103 – Presumption as to commission of offences in certain cases (preview)
Section 103A – (Deleted) (preview)
Section 104 – Compounding of offences (preview)
Section 104A – Bombay Probation of Offenders Act, 1938, and section 562 of Code of Criminal Procedure, 1898, not to apply to persons convicted of offence under this Act (preview)
Section 105 – Excise duties (preview)
Section 106 – Manner of levying excise duties (preview)
Section 107 – (Deleted) (preview)
Section 107A – Declaration of stock of articles mentioned in section 24A; maintenance of accounts and submission of returns (preview)
Section 107B – Power to obtain information and to search and seize excisable articles (preview)
Section 108 – Penalty for import, export, etc. of intoxicant etc. without payment of duty (preview)
Section 109 – Duty on tapping of toddy trees (preview)
Section 110 – Duty by whom payable (preview)
Section 111 – Owner of trees entitled to assistance for duty paid (preview)
Section 112 – Privilege of drawing toddy from trees belonging to Government (preview)
Section 113 – (Deleted) (preview)
Section 114 – Recovery of duties, etc (preview)
Section 115 – Magistrate’s power to impose enhanced penalties (preview)
Section 116 – Procedure to be followed by Magistrates (preview)
Section 116A – Tender of pardon to accomplice (preview)
Section 117 – Investigations, arrests, searches, etc., how to be made (preview)
Section 118 – Procedure of Code of Criminal Procedure relating to cognizable offences to apply (preview)
Section 119 – Certain offences to be non-bailable (preview)
Section 120 – Power of entry and inspection (preview)
Section 121 – Power to open packages, etc (preview)
Section 122 – Power to require production of licences (preview)
Section 123 – Arrest of offenders and seizure of contraband articles (preview)
Section 124 – Power to obtain information (preview)
Section 125 – Power to seize intoxicants, etc (preview)
Section 126 – Arrest without warrant (preview)
Section 127 – Arrest of offenders failing to give names (preview)
Section 128 – Issue of warrants (preview)
Section 128A – Certain provisions to apply to denatured sprituous preparations (preview)
Section 129 – Prohibition officers may be empowered to investigate offences (preview)
Section 129A – Power to require persons to submit to medical examination, etc (preview)
Section 129B – Documents or reports of registered medical practitioner, etc., as evidence (preview)
Section 130 – Arrested persons and things seized to be sent to officer-in-charge of police station (preview)
Section 131 – Bail by Prohibition Officer (preview)
Section 132 – Articles seized (preview)
Section 133 – Duty of officers of Government and local authorities to assist (preview)
Section 134 – Offences to be reported (preview)
Section 134A – Establishment of Gram Rakshak Dal (preview)
Section 135 – Landlords and others to give information (preview)
Section 136 – (Deleted) (preview)
Section 137 – Appeals (preview)
Section 138 – Revision (preview)
Section 139 – General powers of State Government in respect of licences, etc (preview)
Section 140 – Power of State Government to prohibit, regulate or control consumption or use of intoxicants, etc., in public place (preview)
Section 141 – Employment of additional police (preview)
Section 142 – Power of Collector to close places where intoxicant or hemp is sold in certain cases (preview)
Section 143 – Power of State Government to make rules (preview)
Section 144 – Commissioner’s powers to make regulations (preview)
Section 145 – Officers and persons acting under this Act to be public servants (preview)
Section 146 – Bar of proceedings (preview)
Section 146A – Limitation of prosecutions or suits against officers (preview)
Section 146B – Provisions of Act not to apply to Government (preview)
Section 147 – Provisions of this Act not to apply to import or export across customs frontier (preview)
Section 148 – Repeal and amendments (preview)
Section 149 – Further repeals and savings consequent on commencement of Bom. XXV of 1949 in other area’s of State (preview)

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