1THE BOMBAY ABKARI ACT, 1878 [Act No. 5 of 1878]2 [19th September, 1878] PREAMBLE An Act to consolidate and amend the Abkari-law of the Presidency of Bombay. WHEREAS it is expedient to consolidate and amend the law relating to the import, export, transport, manufacture, sale and possession of liquor and of intoxicating drugs in Presidency of Bombay; it is enacted as follows :- ________________________ 1. All the provisions of this Act except section 29-A have been repealed by section 148 and Schedule I of the Bombay Prohibition Act, 1949, (see footnote at the end) 2. Bom. Act III of 1892 (as to mhowra flowers) is to be construed as part of Bom. Act V of 1878 - see Section 1 of Bom. Act III of 1892. It is also provided by Section 6 of (Bom. Act II of 1892) that nothing in that Act shall be deemed to affect the operation of any law for the time being in force, or of any rule for the time being having the force of law, relating to mhowra flowers as an article of forest produce.
View Complete Act List Judgments citing this sectionSection 1 to 3A I. PRELIMINARY.
View Complete Act List Judgments citing this sectionThis Act may be cited as the Bombay Abkari Act, 1878. Extent:- It extends to the whole of the Presidency of Bombay : Commencement :- And it shall come into force in any portion of the said Presidency on such date 1 as Government, by notification in the Bombay Government Gazette, directs. ____________ 1. Bom. Act V of 1878 came into force in the whole of the Presidency of Bombay on the 1st January, 1879 - see Notification No. 5756, dated the 8th November, 1878. Bombay Government Gazette 1878, Part I, p. 708.
View Complete Act List Judgments citing this sectionRepealed by Act XVI of 1895.
View Complete Act List Judgments citing this section.....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.....
View Complete Act List Judgments citing this section1[(1) Where any excisable article or hemp has been manufactured or sold or is possessed by any person on account of any other person, and such other person knew or had reason to believe at the time of such manufacture or sale that such manufacture or sale was on his account, or knows or has reason to believe that such possession is on his account, the article shall, for the purposes of this Act be deemed to have been manufactured or sold by, or to be in the possession of, such other person. (2) Nothing in sub-section (1) shall absolve any person who manufactures, sells or has possession of an excisable article or hemp on account of another person from liability to any punishment under this Act, for the unlawful manufacture, sale or possession of such article. ______________ 1. Section 3-A was inserted by Bom. Act XII of 1912, section 2.
View Complete Act List Judgments citing this sectionSection 4 to 8 II. ESTABLISHMENT AND CONTROL
View Complete Act List Judgments citing this sectionSubject to the control and direction of the Commissioner and the orders of Government, the Collectors are charged with the collection of the Abkari-revenue, and with the carrying out of the provisions of this Act. For the purposes of this Act, the Collector of Bombay shall be subordinate to such Commissioner as Government directs.
View Complete Act List Judgments citing this sectionGovernment may, by notification in the Bombay Government Gazette, appoint any person other than the Collector of Land-revenue to exercise, in any district or place, all the powers and perform all the duties conferred and imposed by this Act on a Collector, subject to such control, in any, in addition to that of the Commissioner and of Government, as Government may from time to time direct.
View Complete Act List Judgments citing this sectionTo aid the Collectors in carrying out the provisions of this Act, the Commissioners may, subject to such orders as may from time to time be passed by Government in this behalf, appoint such subordinate officers, with such designations, and assign to them respectively such powers and duties under this Act, as they deem fit. Government, or, subject to such orders as aforesaid, the Commissioners, may invest any Government-officer in any department either personally or in right of his office, or any other person, with such powers and impose upon him such duties, under this Act as they deem fit, and any such officer shall thereupon exercise the said powers and discharge the said duties in addition to the powers and duties incident to his principal office : Provided that powers under sections 36 and 40, clause (b), shall in no case be conferred on any officer of any department who is not superior in rank to a peon, or constable, and that any assignment of, or investment with, powers or duties made under this section may at any time be cancelled or varied by the authority which made it.
View Complete Act List Judgments citing this section