Karnataka Prohibition Act, 1961 Chapter I - Bare Act |
| State | Karnataka Government |
| Year | 1961 |
| Section Title | Preliminary |
(1) This Act may be called the1[Karnataka] Prohibition Act, 1961.
(2) It extends to the whole of the1[State of Karnataka].
(3) It shall come into force at once in the areas in which any of the enactments mentioned in Schedule A is in force immediately prior to the commencement of this Act.
(4) (a) This section, section 2 and section 15 shall come into force at once in the whole of the1[State of Karnataka].
(b) The other provisions of this Act shall come into force in such area of the1[State of Karnataka] other than the areas in which this Act comes into force under sub-section (3) , on such2[date] as the State Government may, by notification, specify.
3[(5) Notwithstanding anything contained in sub-sections (3) and (4) , the State Government may, by notification, declare that the provisions of this Act other than this section and sections 2 and 15 shall cease to be in force in any area on such date as may be specified in such notification, and thereupon the4[Karnataka] Excise Act, 19654[Karnataka] Act 21 of 1966) and the rules, orders and notifications made or issued or deemed to be made or issued thereunder shall extend to such area and shall come into force therein with effect on and from such date, and this Act other than this section and sections 2 and 15, shall stand repealed in such area and the provisions of section 6 of the4[Karnataka] General Clauses Act, 1899, shall apply accordingly:
Provided that the issue of a notification under this sub-section shall not preclude the State Government from issuing a notification under clause (b) of sub-section (4) bringing the provisions of this Act into force in such local area.]
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1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973.
2. Notification bringing the Act into force in Other areas of the State is not available.
3. Inserted by Act 10 of 1967 w .e.f. 24.8.1967.
4. Adapted by the Karnataka Adaptations of Laws Order 1973.
(1) This Act may be called the1[Karnataka] Prohibition Act, 1961.
(2) It extends to the whole of the1[State of Karnataka].
(3) It shall come into force at once in the areas in which any of the enactments mentioned in Schedule A is in force immediately prior to the commencement of this Act.
(4) (a) This section, section 2 and section 15 shall come into force at once in the whole of the1[State of Karnataka].
(b) The other provisions of this Act shall come into force in such area of the1[State of Karnataka] other than the areas in which this Act comes into force under sub-section (3) , on such2[date] as the State Government may, by notification, specify.
3[(5) Notwithstanding anything contained in sub-sections (3) and (4) , the State Government may, by notification, declare that the provisions of this Act other than this section and sections 2 and 15 shall cease to be in force in any area on such date as may be specified in such notification, and thereupon the4[Karnataka] Excise Act, 19654[Karnataka] Act 21 of 1966) and the rules, orders and notifications made or issued or deemed to be made or issued thereunder shall extend to such area and shall come into force therein with effect on and from such date, and this Act other than this section and sections 2 and 15, shall stand repealed in such area and the provisions of section 6 of the4[Karnataka] General Clauses Act, 1899, shall apply accordingly:
Provided that the issue of a notification under this sub-section shall not preclude the State Government from issuing a notification under clause (b) of sub-section (4) bringing the provisions of this Act into force in such local area.]
_______________________________
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973.
2. Notification bringing the Act into force in Other areas of the State is not available.
3. Inserted by Act 10 of 1967 w .e.f. 24.8.1967.
4. Adapted by the Karnataka Adaptations of Laws Order 1973.
In this Act, unless the context otherwise requires,--
1 [(1) 'alcohol' means ethyl alcohol of any strength and purity having the chemical composition C2H5CH:]
2 [(1A) ] "authorisation" means an authorisation granted under section 36 for use, or for manufacture for 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; and "bottling" includes rebottling;
(3) "Commissioner" means the Prohibition Commissioner appointed under section 3;
(4) "Committee" means any of the committees appointed by the State Government under section 8;
(5) "country liquor" includes all liquor produced or manufactured in India;
(6) "cultivation" includes the tending or protecting of a plant and does not necessarily imply raising it from seed;
(7) (a) "denatured" means subjected to a process prescribed for the purpose of rendering unfit for human consumption;
(b) "denatured spirituous preparation" means any preparation made with denatured spirit or alcohol and includes liquors, French Polish, Thinners and varnish prepared out of such spirit or alcohol;
(8) "Deputy Commissioner" means the Deputy Commissioner of a District, or any person appointed under sub-section (3) of section 4 to exercise all or any of the powers or to perform all or any of the duties of a Deputy Commissioner under this Act;
(9) "to drink", with its grammatical variations, means to drink liquor or to consume any intoxicating drug;
(10) "excisable article" means,-
(a) any alcoholic liquor for human consumption;
(b) any intoxicating drug;
(c) opium;
(d) other narcotic drugs, narcotics and non-narcotic drugs, which the State Government may, by notification, declare to be an excisable article;
(11) "excise duty" and "countervailing duty" means such excise duty or countervailing duty, as the case may be, as is mentioned in entry 51 in List II in the Seventh Schedule to the Constitution;
(12) "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;
(13) "export" means to take out of the State otherwise than across a customs frontier;
(14) "foreign liquor" includes all liquors other than country liquor:
Provided that the State Government may, by notification declare that any specified description of country liquor shall, for the purpose of this Act, be deemed to be foreign liquor;
(15) "hemp" means any variety of the Indian hemp plant (Cannabis Sativa or Indica) from which intoxicating drugs can be produced;
(16) "import" means to bring into the State otherwise than across a customs frontier;
(17) "intoxicant" means any liquor or any intoxicating drug or any other substance which the State Government may, by notification, declare to be an intoxicant;
3 [(18) 'intoxicating drugs' means,-
(i) the leaves, small stalks and flowering or fruiting tops of the Indian hemp plant (Cannabis Sativa or Indica) including all forms known as bhang, siddi or ganja;
(ii) 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;
(iii) any other intoxicating or narcotic drug or substance, which the State Government may, by notification, declare to be an intoxicating drug, for the purposes of this Act, such drug or substance not being opium, cocoa leaf or manufactured drug, as defined in section 2 of the Dangerous Drugs Act, 1930 (Central Act 2 of 1930) ;
(iv) any mixture with or without neutral materials of any of the above forms of intoxicating drug or any drink prepared therefrom;]
(19) "liquor" includes spirits of wine, denatured spirits, wine, beer, toddy and all liquids consisting of or containing alcohol, and any other intoxicating substance, which the State Government may, by notification, declare to be liquor for the purpose of this Act;
(20) "manufacture" includes,-
(a) every 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 rectification of liquor; 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;
(21) "mhowra flower" means the flower of passialatifolla (Ippe) , but does not include the berry or seed of the mhowra tree;
(22) "molasses" means the heavy, dark-coloured residual syrup drained away in the final stage of the manufacture of jaggery or sugar containing in solution or suspension, sugars which can be fermented and includes any product formed by the addition to such syrup of any ingredient which does not substantially alter the character of such syrup; but does not include any article which the State Government may, by notification, declare not to be molasses, for the purposes of this Act;
(23) "notification" means a notification published in the official Gazette;
(24) "permit" means a permit granted under the provisions of this Act and the expression "permit holder" shall be construed accordingly;
(25) "place" includes a house, shop, enclosure, building, shed, tent or vessel;
(26) "police station" includes any place which the State Government may, by notification, declare to be a police station for the purposes of this Act;
(27) "prescribed" means prescribed by the rules, orders and regulations made under this Act;
(28) "Prohibition Officer" means the Commissioner, a Deputy Commissioner, 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;
(29) "rectification" includes every process whereby spirits are purified or are coloured or flavoured by mixing any material therewith;
(30) "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;
(31) "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) the word "buy", with its grammatical variations, shall be construed accordingly;
(32) "spirit" means any liquor containing alcohol and obtained by distillation, whether it is denatured or not;
(33) "State" means the 4 [State of Karnataka], including the space within the limits of its territorial waters appertaining to it;
(34) "sweet toddy or neera" means unfermented juice drawn from a cocoanut palm, palmyra, date, bagani or any tree of the species of palm or palmyra, into receptacles treated in the prescribed manner, so as to prevent fermentation;
(35) "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. S.R.O. 669, dated 22nd March 1956, or such other distance as may be fixed from time to time by the President hereafter;
(36) "toddy" means fermented or unfermented juice drawn from a cocoanut palm, palmyra, date, bagani or any tree of the species of palm or palmyra, and includes sweet toddy or neera;
(37) "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;
(38) "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;
(39) "transport" means to move from one place to another within the State, whether any intervening area lies wholly within the State or not.
_______________________________
1. Inserted by Act 10 of 1967 w .e.f. 24.8.1967.
2. Re-numbered by Act 10 of 1967 w .e.f. 24.8.1967.
3. Substituted by Act 10 of 1967 w .e.f. 24.8.1967.
4. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973.
In this Act, unless the context otherwise requires,--
1 [(1) 'alcohol' means ethyl alcohol of any strength and purity having the chemical composition C2H5CH:]
2 [(1A) ] "authorisation" means an authorisation granted under section 36 for use, or for manufacture for 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; and "bottling" includes rebottling;
(3) "Commissioner" means the Prohibition Commissioner appointed under section 3;
(4) "Committee" means any of the committees appointed by the State Government under section 8;
(5) "country liquor" includes all liquor produced or manufactured in India;
(6) "cultivation" includes the tending or protecting of a plant and does not necessarily imply raising it from seed;
(7) (a) "denatured" means subjected to a process prescribed for the purpose of rendering unfit for human consumption;
(b) "denatured spirituous preparation" means any preparation made with denatured spirit or alcohol and includes liquors, French Polish, Thinners and varnish prepared out of such spirit or alcohol;
(8) "Deputy Commissioner" means the Deputy Commissioner of a District, or any person appointed under sub-section (3) of section 4 to exercise all or any of the powers or to perform all or any of the duties of a Deputy Commissioner under this Act;
(9) "to drink", with its grammatical variations, means to drink liquor or to consume any intoxicating drug;
(10) "excisable article" means,-
(a) any alcoholic liquor for human consumption;
(b) any intoxicating drug;
(c) opium;
(d) other narcotic drugs, narcotics and non-narcotic drugs, which the State Government may, by notification, declare to be an excisable article;
(11) "excise duty" and "countervailing duty" means such excise duty or countervailing duty, as the case may be, as is mentioned in entry 51 in List II in the Seventh Schedule to the Constitution;
(12) "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;
(13) "export" means to take out of the State otherwise than across a customs frontier;
(14) "foreign liquor" includes all liquors other than country liquor:
Provided that the State Government may, by notification declare that any specified description of country liquor shall, for the purpose of this Act, be deemed to be foreign liquor;
(15) "hemp" means any variety of the Indian hemp plant (Cannabis Sativa or Indica) from which intoxicating drugs can be produced;
(16) "import" means to bring into the State otherwise than across a customs frontier;
(17) "intoxicant" means any liquor or any intoxicating drug or any other substance which the State Government may, by notification, declare to be an intoxicant;
3 [(18) 'intoxicating drugs' means,-
(i) the leaves, small stalks and flowering or fruiting tops of the Indian hemp plant (Cannabis Sativa or Indica) including all forms known as bhang, siddi or ganja;
(ii) 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;
(iii) any other intoxicating or narcotic drug or substance, which the State Government may, by notification, declare to be an intoxicating drug, for the purposes of this Act, such drug or substance not being opium, cocoa leaf or manufactured drug, as defined in section 2 of the Dangerous Drugs Act, 1930 (Central Act 2 of 1930) ;
(iv) any mixture with or without neutral materials of any of the above forms of intoxicating drug or any drink prepared therefrom;]
(19) "liquor" includes spirits of wine, denatured spirits, wine, beer, toddy and all liquids consisting of or containing alcohol, and any other intoxicating substance, which the State Government may, by notification, declare to be liquor for the purpose of this Act;
(20) "manufacture" includes,-
(a) every 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 rectification of liquor; 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;
(21) "mhowra flower" means the flower of passialatifolla (Ippe) , but does not include the berry or seed of the mhowra tree;
(22) "molasses" means the heavy, dark-coloured residual syrup drained away in the final stage of the manufacture of jaggery or sugar containing in solution or suspension, sugars which can be fermented and includes any product formed by the addition to such syrup of any ingredient which does not substantially alter the character of such syrup; but does not include any article which the State Government may, by notification, declare not to be molasses, for the purposes of this Act;
(23) "notification" means a notification published in the official Gazette;
(24) "permit" means a permit granted under the provisions of this Act and the expression "permit holder" shall be construed accordingly;
(25) "place" includes a house, shop, enclosure, building, shed, tent or vessel;
(26) "police station" includes any place which the State Government may, by notification, declare to be a police station for the purposes of this Act;
(27) "prescribed" means prescribed by the rules, orders and regulations made under this Act;
(28) "Prohibition Officer" means the Commissioner, a Deputy Commissioner, 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;
(29) "rectification" includes every process whereby spirits are purified or are coloured or flavoured by mixing any material therewith;
(30) "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;
(31) "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) the word "buy", with its grammatical variations, shall be construed accordingly;
(32) "spirit" means any liquor containing alcohol and obtained by distillation, whether it is denatured or not;
(33) "State" means the 4 [State of Karnataka], including the space within the limits of its territorial waters appertaining to it;
(34) "sweet toddy or neera" means unfermented juice drawn from a cocoanut palm, palmyra, date, bagani or any tree of the species of palm or palmyra, into receptacles treated in the prescribed manner, so as to prevent fermentation;
(35) "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. S.R.O. 669, dated 22nd March 1956, or such other distance as may be fixed from time to time by the President hereafter;
(36) "toddy" means fermented or unfermented juice drawn from a cocoanut palm, palmyra, date, bagani or any tree of the species of palm or palmyra, and includes sweet toddy or neera;
(37) "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;
(38) "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;
(39) "transport" means to move from one place to another within the State, whether any intervening area lies wholly within the State or not.
_______________________________
1. Inserted by Act 10 of 1967 w .e.f. 24.8.1967.
2. Re-numbered by Act 10 of 1967 w .e.f. 24.8.1967.
3. Substituted by Act 10 of 1967 w .e.f. 24.8.1967.
4. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973.