In exercise of the powers conferred by section of the Bombay Prohibition Act, (Bom. XXV of (, and of all other powers enabling it in this behalf and. The Bombay Prohibition Act, is an Act of the Bombay Legislative Assembly relating to the promotion and enforcement of alcohol prohibition in the Bombay. Bom. XXV). THE MAHARASHTRA PROHIBITION ACT loco co ojo. CONTENTS. PREAMBLE. SECTIONS: CHAPTER I. Preliminary. 1. Short title, extent.
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Chapter X Appeals and Revision Amended by Bombay 22 of If any person in respect of whom a bond is ordered to be executed under ‘[Sections 91 and 93] is a minor, the bond shall be executed by his guardian. In all trials for offences under this Act, the Magistrate shall follow the procedure prescribed in the Code of Criminal Procedure, 3 V offor the trial of summary cases in which an appeal lies. In those areas of the State to which it is extended by the Bombay Prohibition Extension and Amendment Act, Bom XII of it shall come into force on such other date as that Government may, by like notification, appoint:.
Provided that every licence, permit, pass or authorisation shall be granted only on the condition that the 3[person applying] undertakes, and prphibition the opinion of the officer authorised to grant the licence, permit, pass or authorisation is likely to abide by all the conditions of the licence, permit, pass or authorisation prohibigion the provisions of this Act. Provided that 4[such article] corresponds with the description and limitations mentioned in section 59A:.
Any Magistrate may by warrant authorize any Police Officer not below the rank of Sub-Inspector to enter upon and search for the same in any premises where any copy of such issue or any such newspaper, news-sheet, book, leaflet, booklet or other publication may be or may be reasonably suspected to be.
Provided that no animals, cart, vessel, vehicle or other conveyance shall be confiscated if the owner thereof satisfies the Court that he had exercised due care in preventing the commission of the offence. Mhowra flowers, or molasses shall be under the supervision of such Prohibition and Excise or Police staff as it may deem proper to appoint, and that the cost of such staff shall be paid to the State Government by the person manufacturing, importing, exporting transporting, storing, selling, purchasing, using, collecting or cultivating the intoxicant, denatured spirituous preparation, hemp, mhowra flowers or molasses: Provided that if such person is not resident in 4[India] the bond shall be secured, by a surety or sureties residing in 5[India].
Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the Judgment of the Court, such imprisonment shall not be less than six months and fine shall not be less than one thousand rupees. Provided that where payments is made upon issue for sale from a warehouse established or licensed under this Act, such payment shall be at the rate of the duty in force at the date of issue from the warehouse: The members so appointed shall hold office during the pleasure of the State Government.
Penalty for contravention of provision regarding prescriptions. XXII ofIncludes a reference to any law corresponding to those Acts, respectively, in force in any part of the State. Penalty for import, export etc. Subject to any regulations axt regulate the time, place and manner of payment made by the ‘[Commissioner] in this behalf, the duties referred to in Section may be levied in one or more of the following ways:.
BOMBAY PROHIBITION ACT, – Indian Bare Act / Law / Statute / Kanoon – LawyerServices
Provided also that, the sum of money which may be accepted by way of composition for the offence under the second proviso shall be in addition to the duty or fee to be paid by him under this Act].
Alteration of denatured spirituous preparation. Provided that no such order shall be sct before the expiry of one month from the date of seizure, or without hearing 3[the person, if any, claiming any right thereto] and the evidence, if any, which he produces in support of his claim. XLIV of 1.
The Bombay Prohibition Act, 1949
Prohibition Officers may be empowered to investigate offences. All other liquors such as grape liquor, malt liquorale, beer, porter, cider, wines, spirits of wines rectified spirits, absolute alcohol, brandy, whisky, rum, cashew brandy, club cup, gin and ginger wine, which are certified by the Chemical Analyser to the Government of Maharashtra, as having the same properties as those possessed by liquors of the corresponding descriptions imported from foreign countries, and which are liable to duty at the same special rates as those prescribed in the First Schedule to the Indian Tariff Act, Bombay XXXII ofor at such special rates as may be prescribed by Government under section of the Bombay Prohibition Act, Bombay XXV of Certain offences to be non-bailable.
Demand of security for good behaviour. Amended by Maharashtra 52 of Amended by Maharashtra 70 of Amended by Maharashtra 9 of Amended by Maharashtra 46 of Amended by Maharashtra 18 of Amended by Maharashtra 35 of Amended by Maharashtra 52 of Amended by Maharashtra 29 of Amended by Maharashtra 24 of w.
On obtaining such advice, the State Government shall determine whether any such article is fit for use as intoxicating liquor, and upon determination of the State Government that it is so fit, such article shall, until the contrary is proved, be presumed to be fit for use as intoxicating liquor. Prohibition of publication of advertisements relating to intoxicant, etc.
Notwithstanding anything contained in any other section, when a licence is liable under that section to cancellation owing to default in the payment of any duty or fee payable by the holder thereof, the authority granting the licence may attach and take such licence under management, and if the profits received from such management after meeting all the expenses of such attachment and management are less than the amount of the arrears for which the licence was attached and the amount falling due on such licence during the remaining period of such licence the difference shall be recovered from the licensee as if it were a duty or fee leviable under any one of the provisions of this Act, and in the event of the said profits exceeding the amount so due under the licence, the licensee shall not be entitled to receive any of the said profits.
Special import licences to hotels. Provided further that, no licence shall be necessary for the possession of denatured spirit to the extent of such quantity as may be prescribed. Penalty for being found drunk in any drinking house.
The Bombay Prohibition Act Complete Act – Citation – Bare Act | LegalCrystal
In those areas of the State to which it is extended by the Bombay Prohibition Bombay Extension and Amendment Act,it shall come into force on such other dates that Government may, by like notification, appoint: Power to obtain information. The Chemical Examiner or Assistant Chemical Examiner to Government, or other officer appointed under sub-section 1 shall certify the result of the.
Provided further that where one and the same person is permitted- i to manufacture or import and to sell, or ii to manufacture and export, country liquor or any intoxicant, such duty may be levied in consideration of the joint privileges granted, as the Collector deems fit.
Penalty for illegal import of molasses. Amended by Bombay 21 of This Act received assent of the Governor General on the 15th May This Act received assent of the Governor General on the 15th May, So far as section 23 a relates projibition the use of or offering such preparation by and to persons not less than 21 years of age. Penalty for offence not otherwise provided for.
Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees; and.