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Bombay Abkari Act, 1878, (Maharashtra) Section 3 - Bare Act

State

Maharashtra Government

Year

Section Title

Interpretation Clause

Act Info:


In this Act, unless there be something repugnant in the subject or context:

(1) "Abkari-revenue" means revenue derived or derivable from any duty, fee, tax, fine, 1[other than a fine imposed by a Court of law] or of any other law for the time being in force relating to liquor or intoxicating drugs :

(2) "Abkari-officer" means a Commissioner, Collector or any officer or other person lawfully appointed, or invested with powers under section 6 :

(3) "Commissioner" 2 includes an officer appointed by Government to be a Commissioner for the purposes of this Act :

(4) "Collector" includes 3, any person appointed under section 5 to exercise the powers and perform the duties of a Collector under this Act.

(5) "Magistrate" means, in the City of Bombay, a Presidency Magistrate, and elsewhere, a Magistrate of the first or second class or a Magistrate of the third class specially authorised in this behalf by the District Magistrate 4.

(6) "Toddy" means juice drawn from a coconut, brab, date or any kind of palm-tree, whether in its fermented or unfermented state :

5(7) "Liquor" includes -

(a) spirits of wine, methylated spirits, spirits, wine; toddy, beer and all liquid consisting of or containing alcohol, and "spirits" means any liquor containing alcohol and obtained by distillation, whether it be denatured or not;

(b) any other intoxicating substance which Government may by notification in the Bombay Government Gazette declare to be liqour for the purposes of this Act;

(8) "Country-liquor" includes all liquor produced or manufactured in India :

(a) 6[Foreign liquor includes all liquor imported into India by sea or land :

(b) Provided that Government may by notification in the Bombay Government Gazette declare that any specified description of country-liquor shall for the purposes of this Act be deemed to be foreign liquor].

(9) "Intoxicating drug" includes ganja, bhang, charas 7 and every preparation and admixture of the same, and every intoxicating drink or substance prepared from hemp, grain or other material not included in the term "liquor" but does not include opium or anything included within the meaning of that word as defined in the 8[* * * ] Opium Act, 1878; and "hemp" means any variety of the hemp plant from which intoxicating drugs can be produced 9 :

10[Provided that Government may by notification in the Bombay Government Gazette declare that any other intoxicating substance together with every preparation and admixture of the same shall be deemed to be an intoxicating drug for the purposes of this Act;]

11 (10) "to import" means to bring into the Presidency of Bombay :

"to export" means to take out of the said Presidency.

"to transport" means to move from one place to another place within the said Presidency.

12 (11) "manufacture" includes every process whether natural or artificial, by which any excisable article is prepared and also every process for the rectification, flavouring, blending or colouring of liquor;

(12) "ser" means a weight of eight tolas.

13[(13) "mhowra flower" does not include the berry or seed of the mhowra tree.]

14[(14) "Denatured" means rendered unfit for human consumption in such manner as may be prescribed by Government by notification in the Bombay Government Gazette; ]

15[(15) "excisable article" means and includes any liquor or intoxicating drug as hereinbefore defined ;

15[(16) in the case of foreign liquor "to bottle" means to transfer from a cask or other vessel to a bottle or other receptacle for the purposes of sale, whether any process of rectification be employed or not, and includes rebottling ;]

15[(17) "To tap" means to prepare any part of a tree, or to use any means, for the purpose of causing juice to exude from the tree;]

15[(18) "India" means British India together with any territories of any Native Prince or Chief under the suzerainty of his Majesty exercised through the Governor General of India or through any Governor or other officer subordinate to the Governor General of India.]

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1. These words and brackets were inserted by Bom. Act XII of 1912, section 1, clause (a).

2. These words were substituted for the original words "means, in Sind the Commissioner in Sind, and elsewhere a Commissioner of Land-revenue, or if Government appoint any other officer to be a Commissioner for the purposes of this Act, such other officer" by Bom. Act III of 1886, Schedule B.

3. The word "includes" was substituted for the original words "means a Collector of Land-revenue or" by Bom. Act III of 1886, Schedule B.

4. These words were added by Bom. Act XII of 1912, section 1, clause (b).

5. This clause was substituted for the original clause by Bom. Act XII of 1912, section 1, clause (c).

6. This portion was added by Bom. Act XII of 1912, section 1, clause (d).

7. The word "charas" was inserted by Bom. Act V of 1901, section 3.

8. The word "Indian " repealed by Act XVI of 1895, first schedule is omitted.

9. This addition was made by Bom. Act V of 1901, section 3.

10. This proviso was added by Bom. Act XII of 1912, section 1, clause (e).

11. This clause was substituted for the original clause by Bom. Act XII of 1912, section 1. clause (f).

12. This clause was substituted for the original clause by Bom. Act XII of 1912, section 1. clause (g).

13. This clause was added by Bom. Act III of 1892, section 1. A.

14. This clause was substituted for the original clause by Born. Act II of 1919, section 2 and Schedule I. pt. II.

15. Clauses (15) to (18) were added by Bom. Act XII of 1912, section 1, clause (h).



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