Act Info:
In this Act, unless there is anything repugnant in the Subject or context,-
(1) "authorisation" means an authorization granted under section 45 for the use of liquor for sacramental purposes;
(2) "to bottle" with its various grammatical variations, means to transfer any article from a cask or other vessel to a bottle, jar, flask pot or similar receptacle for the purpose of sale, whether any process of manufacture be employed or not; bottling includes re-bottling;
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2 [(4) "Collector" includes an officer appointed by the State Government to exercise all or any of the powers and to perform all or any of the duties or functions of a Collector under this Act;
3 [(5) "Commissioner" means an officer appointed as the Commissioner of Prohibition and Excise under section 3 of this Act and includes any officer on whom the State Government may confer all or any of the powers of the Commissioner under this Act;]]
(6) "Committee 4 [orboard]" means 5 [a committee or board]appointedbythe 6 [State] Government under section 7;
(7) "Common drinking house" means a place where the drinking of liquor or consumption of any intoxicating drug is allowed for the profit or gain of the person owning, occupying, using keeping or having the care of management or control of such place whether by way of charge for the use of the place or for drinking facilities provided, or otherwise howsoever and includes the premises of a club or any other place which is habitually used for the purpose of drinking liquor or consuming any intoxicating drug by more than one person without a licence granted under this Act;
(8) "country liquor" includes all liquor produced or manufactured in India:
7 [(9) "cultivation" means raising a plant from seed and includes the tending or protecting of a plant during its growth;)
(10) "denatured" means Subjected to a process prescribed for the purpose of rendering unfit for human consumption;
8 [(10a) "denatured spirituous preparation" means any preparation made with denatured spirit 9 [or denatured alcohol] and includes lacquers. French Polish and varnish prepared out of such spirit or alcohol;]
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(12) "to drink" with its grammatical variations means to drink liquor or to consume any intoxicating drug;
(13) ''excisable article" means-
(a) any alcoholic liquor for human consumption;
(b) an intoxicating drug 11 [or hemp];
(c) opium;
12 [(d)other narcotic drugs and narcotics which the State Government may, by notification in the Official Gazette, declare to be an excisable article);
(14) "excise duty" and "countervailing duty" means such excise duty or countervailing duty, as the case may be, as is mentioned in 13 (entry 51 in List II in the Seventh Schedule to the Constitution];
(15) "excise revenue" means revenue derived or derivable from any duty, fee, tax fine [other than a fine imposed by a court of law) or confiscation or forfeiture imposed or ordered under the provisions of this Act, or of any other law for the time being in force relating to intoxicants;
(16) "export" (except in section 147) means to take out of the 14 [State] otherwise than across a customs frontier. 15 ***;
(17) "foreign liquor" 16 [means all liquor produced or manufactured outside India:]
Provided that the 14 [State] Government may, by notification in the Official Gazette, declare that any specified description of country liquor shall, for the purposes of this Act, be deemed to be foreign liquor;
(18) "hemp" means any variety of the Indian hemp plant from which intoxicating drugs can be produced;
(19) "hotel licence" means a licence granted under section 35:
17 [(19a) ''household" means a group of persons residing and messing jointly as members of one domestic unit, but does not include their servants;]
(20) "import" (except in section 147) means to bring into the 14 [State] otherwise than across a customs frontier. 18 *** *** ***;
(21) "interim permit" means a permit granted under section 47;
(22) "intoxicant" means any liquor, intoxicating drug, opium or any other Substance, which the 6 [State] Government may, by notification in the Official Gazette, declare to be an-intoxicant:
(23) "intoxicating drugs" means-
(a) the leaves, small stalks and flowering or fruiting tops of the Indian hemp plant (Cannabis Sativa L.) including all forms known as bhang,sidhi or ganja;
(b) charas, that is, the resin obtained from the Indian hemp plant, which has not been Submitted to any manipulations other than those necessary for packing and transport:
(c) any mixture with or without neutral materials of any of the above forms of intoxicating drug, or any drink prepared therefrom: 19 [***]
20 [(d)any other intoxicating or narcotic drug or Substance together with every preparation or admixture of the same which the State Government may by notification in the Official Gazette, declare to be an intoxicating drug for the purposes of the Act, such drug, Substance, preparation or admixture, not being opium, coca leaf or a manufactured drug as defined in section 2 of the Dangerous Drugs Act, 1930 (II of 1930);]
(24) "liquor" includes-
(a) 21 [spirits], 22 [denatured spirits], wine, beer, toddy and all liquids consisting of or containing alcohol; and
(b) any other intoxicating Substance which the 6 [State] Government may, by notification in the Official Gazette, declare to be liquor for the purposes of this Act;
(25) "manufacture'' includes-
(a) even process whether natural or artificial by which any liquor or intoxicating drug is produced, prepared or blended and also re-distillation and every process for the 23 [rectification, flavouring, or colouring of liquor or intoxicating drug] but does not include flavouring, blending or colouring of liquor or intoxicating drug lawfully possessed for private consumption; and
(b)every process of producing and drawing of toddy from trees;
(26) "Medical Board" means a board constituted under section 8;
(27) "mhowra flower" does not include the berry or seed of the mhowra tree;
(28) "molasses" means the heavy, dark coloured 24 [viscous liquid produced] in the final stage of the manufacture of gur or sugar containing, in solution or suspension, sugars which can be fermented, 25 [and includes the solid form of such liquid and also any product formed by the addition to such liquid or solid of any ingredient which does not Substantially alter the character of such liquid or solid;] 26 [and shall also include Substances containing sugars obtained from sugarcane known as black gur (jaggery). Rotten gur (jaggery), rab or rotton rab, which contain, irrespective of their colour -
(i) total sugars (expressed as invert sugar) less than 90 per cent and sucrose less than 60 per cent; or
(ii) extraneous matter insoluble in water more than 2 percent; or
(iii) total ash more than 6 per cent; or
(iv) ash insoluble in Hydrochloric acid (HCL) more than 0.5 per cent; or
(v) more than 10 per cent of moisture; or
(vi) Sulphur dioxide in concentration exceeding 70 parts per million;] but does not include any article which the 6 [State] Government may, by notification in the Official Gazette, declare not to be molasses, for the purposes of this Act;
(29) "Officer in charge of a Police Station" includes-
(a) in the Greater Bombay the Officer in charge of a police station as provided - under the provisions of the 27 [Bombay Police Act, 1951 (Bom. XXII of 1951); and]
(b) elsewhere the officer in charge of a police station as defined in the 28 Code of Criminal Procedure, 1898 (V of 1898);
(30) "opium" means-
(a) thecapsules of the poppy (Papaver Somniforum L),29 [whether in their original form or cut, or crushed or powdered and whether or not the juice has been extracted therefrom];
(b) the spontaneously coagulated juice of such capsules which has not been Submitted to any manipulation other than those necessary for packing and transport; and
(c) any mixture with or without neutral materials of any of the above forms of opium;
but does not include any preparations containing not more than 0.2 per cent, of morphine, or a manufactured drug as defined in section 2 of the Dangerous Drugs Act, 1930 (II of 1930).
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(32) "permit" means a permit granted under 31 [the provisions of this Act] and the expression "permit holder" shall be construed accordingly;
(33) "police station" means in the Greater Bombay a police section as provided under the provisions of the 27 [Bombay Police Act, 1951 (Bom XXII of 1951)]; and elsewhere any place declared to be a police station for the purposes of the 28 Code of Criminal Procedure, 1898 (V of 1898);
(34) "prescribed" means prescribed by the rules, orders or regulations under this Act;
(35) "Prohibition officer" includes the 32 [Commissioner], Collector or any officer or person appointed to exercise any of the powers or to perform any of the duties and functions under the provisions of this Act 33 [and also includes any officer or person invested with any such powers and on whom any such functions or duties are imposed, and any member of a committee, board or medical board;]
34 [(36) "State" means the 35 [State of Maharashtra] including the space within the limits of the territorial waters appertaining to it;]
36 [(37) "rectification" includes every process whereby liquor is purified or refined;]
37 [(38) "registered medical practitioner" means a person who is entitled to practise any system of medicine in the State under any law for the time being in force relating to medical practitioners, and includes registered dentists as defined in the Dentists Act, 1948 (XVI of 1948) and a veterinary practitioner registered under the Bombay Veterinary Practitioners Act, 1953 (LXVIII of 1953) or under any law corresponding thereto in any part of the State;]
(39) "regulations" means regulations made under this Act;
(40) "rules" means rules made under this Act;
(41) "sell" with its grammatical variations includes-
(a) any transfer whether such transfer is for any consideration or not,
(b) any supply or distribution for mutual accommodation, and
(c) any supply by a club to its members on payment of price or of any fees or Subscription, but does not include selling of opium for export across the customs frontier; 38 [***]
The word "buy" with its grammatical variations shall be construed accordingly;
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(43) "spirit" means any liquor containing alcohol and obtained by distillation (whether it is denatured or not)
(44) "sweet toddy or nira or neera" means unfermented juice drawn from a coconut, brab, date or any kind of palm tree into receptacles treated in the prescribed manner so as to prevent fermentation;
40 [(45) 'territorial waters' with reference to the State, means any part of the open sea within a distance of six nautical miles measured from the appropriate base line according to the President's Proclamation published in this behalf in the Government of India, Ministry of External Affairs, Notification No. SRO-669, dated the 22nd March 1956, or such other distance as may be fixed from time to time by the President hereafter;]
(46) "toddy" means fermented or unfermented juice drawn from a coconut, brab, date or any kind of palm tree and includes sweet toddy or nira or neera
(47) "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;
41 [(47A) 'tourist' means a person who is not a citizen of India and who is either born or brought up or domiciled in any country outside India, but who visits India on a tour for a temporary period;
(47B) 'tourists permit' means a permit granted under section 46-A;]
(48) "trade and import licence" means a licence granted under section 33;
(49) "transport" means to move from one place to another within the 14 [State];
(50) "vendor's licence" means a licence granted under section 34;
(51) "visitor's permit" means a permit granted under section 46;
42 [(52) any reference to the 28 Code of Criminal Procedure, 1898 (V. of 1998) the 43 Bombay Village Panchayats Act, 1933, (Bom. VI of 1933), or the Bombay Police Act, 1951, (Bom. XXII of 1951), Includes a reference to any law corresponding to those Acts, respectively, in force in any part of the State.]
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1. Clause (3) was deleted by Bom. 2 of 1960, s.2(a).
2. Clauses (4) and (5) were Substituted for the original by Bom. 12 of 1959, s.6(a).
3. Clause (5) was Substituted by Man. 52 of 1973, s.3-Sch.
4. These words were inserted by Bom. 22 of 1960, s.2(b).
5. These words were Substituted for the words, "any of the committees", Bom. 22 of 1960, s.2(b).
6. This word was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
*. Sub-section (4) shall stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subject) Order, 1960.
7. This clause was Substituted for the original by Bom. 22 of 1960, s.2(c).
8. Clause (10a) was inserted by Bom. 36 of 1954, s.2.
9. These words were Substituted for the words "or alcohol" by Bom. 22 of 1960, s.2(d).
10. Clause (11) was deleted, Bom. 22 of 1960, 2(e).
11. These words were added, Bom. 22 of 1960, s.2(f).
12. This was Substituted, for clauses (d) and (e), Bom. 22 of 1960.
13. This portion Substituted for the portion "Item 40 in List II in the Seventh Schedule to the Government of India Act, 1935" by the Adaptation of Laws Order, 1950.
14. This word was Substituted for the word "pre-reorganisation State of Bombay, excluding the transferred territories" by Bom. 12 of 1959, s.3.
15. The words ''as defined by the Dominion Government" were deleted by Bom. 26 of 1952, s.2.
16. These words were Substituted for the words "includes all liquor brought into India by sea, air or land" by Bom. 22 of 1960, s.2(g).
17. This clause was inserted by Bom. 22of 1960, s.2(h).
18. The words ''as defined by the Dominion Government" were deleted by Bom. 26 of 1952, s.2(i).
19. The word "and" was deleted by Bom. 26 of 1952. s.2(2).
20. Clause (d) was Substituted for the original clause with the proviso, Bom. 26 of 1952. s.2(2).
21. This word was Substituted for the words "spirits of wine" by Bom. 22 of 1960, s.2(i).
22. These words were Substituted for the words "methylated spirits" by Bom. 26 of 1952, s.2(2).
23. These words were Substituted for the words "rectification of liquor" by Bom. 22 of 1960, s. 2(j)-
24. These words were Substituted "for the words "residual syrup drained away". Bom. 22 of 1.960 s. 2(k).
25. These words were Substituted for the words beginning with the words "and includes" and ending with the words "alter the character of such syrup" Bom. 22 of 1960.
26. Inserted by Man. Act No. XXXV of 2000.
27. These words and figures were Substituted for the words and figures "City of Bombay Police Act, 1902" by Bom. 12 of 1959, s. 6 (b).
28. See now the Code of Criminal Procedure, 1973 (2 of 1974).
29. These words were addedby Bom. 22 of 1960, s. 2 (i).
30. Clause (31) was deleted by Bom. 22 of 1960, s. 2 (m).
31. These words were Substituted for the words and figures "Sections 40, 41, 46 or 47" by Bom. 26 of 1952, s. 2(4).
32. This word was Substituted for the words "Director" by Mah. 52 of 1973, s.3 sch.
33. These words were Substituted for the words "and also includes any member of a committee or the Medical Board" by Bom. 22 of 1960, s. 2 (n).
34. This clause was Substituted by Bom. 12 of 1969, s. 6(c).
35. These words were Substitutedforthewords"Stateof Bombay" bythe Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
36. This clause was Substituted for the original by Bom. 22 of 1960, s. 2(a).
37. This clause was Substituted for the original by Bom. 12 of 1959, s. 6 (b).
38. The words "as deemed by the Dominion Government" were deleted by Bom. 26 of 1952, s.2(1).
* See now the Maharashtra Veterinary Practitioners Act, 1971 (Mah. XLIV of 1971).
39. Clause (42) was deleted by Bom. 22 of 1960, s. 2 (p).
40. This clause was Substituted for the original by Bom. 12 of 1959 s. 6(e).
41. Clause (47A) and (47B) were inserted by Bom. 20 of 1955, s. 2.
42. This clause was added by Bom. 12 of 1959, s. 6(j).
43. See now the Bombay Village Panchayats Act, 1958 (Bom. 3 of 1959).