Short title 4[and extent.] (1) This Act may be called the Bombay Opium Smoking Act, 1936. 1[(2) It extends to the whole of the 2[State of Maharashtra ]. (3) 3****. _____________ 1 This sub-section was substituted, ibid., section 5, 2 These words were substituted for the words "State of Bombay" by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 3 This sub-section was deleted. Bom. XIX or 1959, section 5. 4 These words were substituted for the words, "extent and commencement", ibid.
View Complete Act List Judgments citing this section.....Department of the Central Government as the State Government with the like consent notifies in the Official Gazette] and all persons in the employment of the Bombay Port Trust shall be Bound-- (a) to give immediate information to any of the officers mentioned in section 12 or section 13 or section 18 of the commission of any offence and of the intention or preparation to commit any offence under this Act which may come to their knowledge; (b) to take all reasonable measures in their power to prevent the commission of any such offence which they may know or have reason to believe is about to be committed; and (c) assist such officer in carrying out the provisions of this Act. _______________ 1 This portion was substituted for the portion beginning with the words "All village officers" and ending with the words "Sail Revenue", ibid., section 27. - 2 These words were substituted for the words "State of Bombay" by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. + Now read the Bombay Village Panchayats Act, 1958 (3 of 1954).
View Complete Act List Judgments citing this section.....manner hereinafter appearing; 6****; It is hereby enacted as follows:-- _____________ 1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1936, Part V, pp. 179, 181 and for Proceedings in Council, see Bombay Legislative Council Debates, 1936, Vol. XLV. + This Act has been repealed and re-enacted and the Amendments made by Section 9 and Schedule E of the said Act were continued in force by Bom. 52 of 1947, section 2. 2 These words were substituted for the words, "to provide for the control of the practice of opium smoking" by Bom, XIX of 1959, section 3. 3 These words were substituted for the words "Presidency of Bombay", ibid. 4 These words were substituted for the words, "To control the practice of opium smoking", ibid., section 4. 5 These words were substituted for the words, "Presidency of Bombay", ibid. 6 The portion beginning with the words "And whereas the previous sanction" and ending with the words "to the passing of this Act" was deleted, ibid. * This indicates the date of commencement of the Act.
View Complete Act List Judgments citing this sectionCHAPTER II 1[PROHIBITIONS] 2[Subject to the provisions of this section, no person shall-- (a) smoke opium, or (b) possess, for the purpose of smoking opium, any instrument of smoking, or (c) keep any apparatus or instrument for the purpose of preparing opium for smoking: Provided that the aforesaid provisions shall not apply to a person who before the commencement of the Bombay Opium Smoking (Extension and Amendment) Act. 1959(Bom XIX of 1959), was duly permitted to possess opium (other than prepared opium) for the purpose of smoking by or under the provisions of any law in force in any part of the 3[State of Bombay] so long as such permission has not expired, is not withdrawn or is otherwise in force.] _____________ 1 This heading was substituted for the heading "Prohibition amd Control", by Bom. XIX of 1959, section 8. 2 This section was substituted, ibid. 3 These words shall stand unmodified by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) order" 1960.
View Complete Act List Judgments citing this section.....or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the Bombay Opium Smoking (Extension and Amendment) Act. 1959 (Bom. 19 of 1959), had not been passed: Provided further that, but subject to the preceding proviso, anything done or any action taken (including any appointment, notification, order or rule made or issued or register prepared) under any law so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done taken, made, issued or prepared under the provisions of this Act unless and until it is superseded by anything done or action taken under this Act.] _____________ 1 These words shall stand unmodified by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
View Complete Act List Judgments citing this sectionChapter I PRELIMINARY
View Complete Act List Judgments citing this section.....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.....
View Complete Act List Judgments citing this sectionChapter IA ESTABLISHMENT
View Complete Act List Judgments citing this section1[CHAPTER IA Establishment The 2[Commissioner] shall be subject to the control of the State Government and shall subject to such general or special orders as the State Government may, from time to time give or issue, exercise such powers and perform such duties and discharge such functions as are conferred or imposed upon him, by or under the provisions of this Act, and he shall superintend the administration and carry out generally the provisions of this Act. ___________ 1 Chapter IA containing sections 2A, 2B and 2C was inserted, ibid., section 7. 2 This word was substituted for the word " Director" by Mah. 52 of 1973, section 3, Sch.
View Complete Act List Judgments citing this section(1) A Collector shall, within the limits of his jurisdiction, exercise such powers and perform such duties and discharge such functions, as are conferred or imposed upon him by or under the provisions of this Act. (2) The State Government may, by notification in the Official Gazette, appoint any person other than the Collector to exercise in any district or place, all or any of the powers and to perform or discharge all or any of the duties and functions as are assigned by or under this Act to a Collector, subject to such control, if any in addition to that of the 1[Commissioner] and of the State Government, as the State Government may from time to time direct. ___________ 1 This word was substituted for the word " Director" by Mah. 52 of 1973, section 3, Sch.
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