Bare Act Search Results

Bombay Abkari Act, 1878 Complete Act

State: Maharashtra

Year: 1878

BOMBAY ABKARI ACT, 1878 BOMBAY ABKARI ACT, 1878 (Act V of 1878) [Passed on the 19th September, 1878] INTRODUCTION In India, orthodox religious opinions or rules have many a times influenced various political or social mass movements. The case of consumption of liquor is one of them. The issue of consumption of intoxicating drinks was condemned by the major oriental religions particularly Hindu and Muslim, in the subcontinent. But the advent of the Britishers in India changed the existing system, to a certain extent. The colonial Government secured income out of the production, sale and consumption of wine and other intoxicants. The main section of the independence movement led by the Indian National Congress was vigorously propagating against the consumption of intoxicating drinks and had launched a action programme of picketing against "liquor shops" to mobilise the people. The "liquor shop" was selected as a symbol of British Imperialism, so that a common man can fight against this identifiable imperialist object. Apart from this political object, other objectives were to make people conscious about health hazards of boozing and compell the Government treasury to.....

Bombay Abkari Act, 1878, (Maharashtra) Section 46

Title: for Misconduct by Licensed Vendor or Manufacturer

State: Maharashtra

Year: 1878

.....holder or acting with his express or implied permission in his behalf 1. (a) mixes or permits to be mixed with the 2 excisable article sold or manufactured by him any noxious drug or any foreign ingredient likely to add to its actual or apparent intoxicating quality or strength or any article prohibited by any rule made under clause (f) (i) of section 35-A 3, 4 or water except for the purpose of reducing liquor to the strength prescribed in the licence, or any diluting or colouring substance or any ingredient whatsoever likely to render the excisable article inferior in quality whether such ingredient is or is not prohibited as aforesaid 4 when such admixture shall not amount to the offence of adulteration under section 272 of the Indian Penal Code, or (b) sells or keeps, or exposes for sale, as 5 foreign liquor, liquor which he knows or has reason to believe to be country-liquor, or (c) marks the cork of any bottle, or any bottle, case, package or other receptacle, containing country-liquor, or uses any bottle, case, package or other receptacle containing country-liquor, with any mark thereon or on the cork thereof with the intention of causing it to be believed that such.....

Bombay Abkari Act, 1878, (Maharashtra) Section 3

Title: Interpretation Clause

State: Maharashtra

Year: 1878

.....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.....

Bombay Abkari Act, 1878, (Maharashtra) Section 32

Title: Cancellation of Licence, Permit or Pass

State: Maharashtra

Year: 1878

.....of the Sea Customs Act, 1878. (2) When a licence, permit or pass held by any person is cancelled under clause (a) or clause (b) of sub-section (1), the authority aforesaid may cancel any other licence, permit or pass granted to such person under this Act or under any other law for the time being in force relating to Abkari-revenue or under the Opium Act, 1878. (3) The holder shall be entitled to no compensation for the cancellation or suspension of his licence, permit or pass under this section, nor to refund of any fee paid or deposit made in respect thereof.] _______________ 1. Section 32 was substituted for the original section 32 by Bom. Act XII of 1912, section 16.

Tamil Nadu Coffeestealing Prevention Act, 1878 Complete Act

State: Tamil Nadu

Year: 1878

.....Nadu Adaptation of laws (Second Amendment) Order, 1969) (Tamil Nadu) Coffee-stealing Prevention Act, 1878. 2. Commencement and Local extent of Act - This Act shall take effect in such districts, divisions or parts of districts, or within such localities or limits within the (Substituted by the Tamil Nadu Adaptation Order of 1970) [State of Tamil Nadu], and from such date as the (Substituted by the Adaptation Order of 1937 and Adaptation Order of 1950) [State Government] may from time to time direct by (For places to which the Act has been extended from time to time under this Section, See the List of Local Rules and Orders) notification published in the [Official Gazette.] (Adaptation Order 1937) 3. Interpretation - In this Act " "Labourer" "labourer" means and includes all persons except resident managers temporarily or permanently employed on a coffee estate in any capacity, whether agricultural, menial or otherwise howsoever; "Carrier" "Carrier" mans and includes all person for the time being employed in the transport of coffee whether by porterage, pack-animals, boat, cart or otherwise, and whether as contractors, drivers or otherwise; "Coffee estate".....

Bombay Abkari Act, 1878, (Maharashtra) Section 17A

Title: Prohibition of Sale to Children

State: Maharashtra

Year: 1878

1[No licensed vendor and no person in the employ of such licensed vendor or acting with the express or implied permission of such licensed vendor on his behalf, shall sell or deliver any excisable article to any person apparently under the age of fourteen years whether for consumption by such person or by any other person and whether for consumption on or off the premises or such licensed vendor.] ___________ 1. Section 17-A was inserted by Bom. Act XII of 1912, section 8-A.

Bombay Abkari Act, 1878, (Maharashtra) Section 45

Title: for Misconduct by Licensee, Etc.

State: Maharashtra

Year: 1878

.....39 if such licence, permit or pass is in his possession or control, 2 or - (b) willfully does or omits to do, anything in contravention of any rules or orders made under this Act, or (c) 7 willfully does, or omits to do, anything 3 in breach of any of the conditions of 8 such licence, permit or pass 4 not otherwise provided for in this Act 5, shall, on conviction before a Magistrate, be punished for each such offence with imprisonment which may extend to three months or with fine which my extend to two hundred rupees or with both 6. _______________ 1. These words were inserted by Bom. Act XII of 1912, section 29, clause (a). 2. These words were substituted for the original words by Bom. Act XII of 1912, section 29 clause (b). 3. These words were substituted for the original words "commits any act" by Bom. Act IV of 1905, first schedule. 4. These words were substituted for the original words "his Licence" by Bom. Act XII of 1912, section 29, clause (c). 5. Clauses (d), (e), (f) and (g) and the word "or" at the end of clause (c) repealed by Bom. Act XII of 1912, section 29, clause (d), are omitted. 6. These words were substituted for the original words by Bom......

Bombay Abkari Act, 1878, (Maharashtra) Section 47

Title: Liability of Licensee for Acts of Servants

State: Maharashtra

Year: 1878

1[The holder of a licence, permit or pass under this Act shall be responsible, as well as the actual offender, for any offence committed by any person in his employ or acting with his express or implied permission in his behalf under sections 43, 44, 45, 45-A or 46 as if he himself had committed the same, unless he shall establish that all due and reasonable precautions were exercised by him to prevent the commission of such offence : Provided that no person other than the actual offender shall be punished with imprisonment except in default of payment of fine.] _____________ 1. Section 47 was substituted for the original section by Bom. Act XII of 1912, section 32.

Bombay Abkari Act, 1878, (Maharashtra) Section 49A

Title: Failure of Abkari

State: Maharashtra

Year: 1878

1[Any Abkari-officer who without lawful excuse shall cease or refuse to perform, or shall withdraw himself from, the duties of his office, unless with the express written permission of the Commissioner, or unless he shall have given to his superior officer two months' notice in writing of his intention to do so, or who shall be guilty of cowardice, shall on convictions before a Magistrate be punished with imprisonment which may extend to three months, or with fine which may extend to three months' pay, or with both.] ____________ 1. Section 49-A was inserted by Bom. Act XII of 1912, section 33.

Bombay Abkari Act, 1878, (Maharashtra) Section 55A

Title: Compounding Offences

State: Maharashtra

Year: 1878

.....or implied permission on his behalf, the sum of money which may be accepted from such person by way of composition shall not exceed two hundred rupees. On the payment by such person of such sum of money, or such value, or both, as the case may be, to such officer, such person, if in custody, shall be set at liberty and the property seized shall be released, and if magisterial proceedings shall have been instituted against such person the composition shall be held to amount to an acquittal and in no case shall any further proceedings be taken against such person or property with reference to the same facts. ___________ 1. Section 55-A was substituted for the original sections 54 and 55 by Bom. Act XII of 1912, section 37.