Bombay Opium Smoking Act, 1936, (Maharashtra) Section 2 - Bare Act

In this Act, unless there is anything repugnant in the subject or context--

¹[(1) "Collector" includes any person appointed by the State Government to exercise all or any of the powers, or to perform or discharge all or any of the duties or functions, of a Collector under this Act;

²[(2) "Commissioner" means the Commissioner of Prohibition and Excise appointed under the Bombay Prohibition Act, 1949(Bom. XXV of 1949), and includes any officer on whom the State Government may confer all or any of the powers, duties and functions of the Commissioner under this Act;]

(3) "Duly empowered" means duly empowered by the ³[⁴[State.] Government] by a general or special order;

(4) "Instrument of smoking" means any article used for the purpose of smoking opium;

⁵(5) "opium" means--

(a) the capsules of the poppy (Papaver Somniferum L) whether in their original form or cut, 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 manipulations 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;

and includes prepared opium; but does not include any preparation (other than prepared opium) containing not more than 0.2 per cent of morphine;]

(6) "Place" includes a house, building, shop, hut, tent, boat or vessel and any part thereof; and

⁶[(7) "prepared opium" means any product of opium obtained by any operations designed to transform opium into an extract suitable for smoking; and includes chandul, madat, opium dross or scrapings from the opium pipe or other residue remaining after opium is smoked, and every other preparation or admixture of opium which may be used for smoking.]

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1 Clauses (1) and (2) were substituted, ibid., section 6.

2 Clause (2) was substituted by Man. 52 of 1973, section 3, Schedule.

3 The words "Provincial Government" were substituted for the words "Local Government", by the Adaptation of Indian Laws Order in Council.

4 This word was substituted for the word "Provincial" by the Adaption of Laws Order, 1950.

5 Clause (5) was substituted by Bom. 19 of 1059, section 6.

6 This sub-clause was substituted, ibid. section 6.