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Start Free TrialBombay 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.....
View Complete Act List Judgments citing this sectionBombay Abkari Act, 1878, (Maharashtra) Section 14
Title: Licences Required for Cultivation and Manufacture
State: Maharashtra
Year: 1878
1[IV. CULTIVATION AND MANUFACTURE 2 [(1) Save as hereinafter otherwise provided, - (a) no excisable article shall be manufactured. (b) no hemp shall be cultivated or collected; (c) no toddy-producing tree shall be tapped; (d) no toddy shall be drawn from any tree; (e) no foreign liquor shall be bottled; and (f) no person shall use, keep or have in his possession any materials, still, utensil, implement or apparatus whatsoever for the purpose of manufacturing any excisable article other than toddy, except under the authority and subject to the conditions of a licence granted in that behalf by the Collector. (2) No distillery or brewery shall be constructed or worked except under the authority and subject to the conditions of a licence granted in that behalf by the Commissioner under section 15.] ________________ 1. This heading was substituted for the original heading "Manufacture" by Bom. Act V of 1901, section 2. 2. Sections 14 and 14-A were substituted for the original sections 14 and 14-A by Bom. Act XII of 1912, section 4.
View Complete Act List Judgments citing this sectionBombay Abkari Act, 1878, (Maharashtra) Section 18
Title: Sale of Toddy
State: Maharashtra
Year: 1878
No owner of any toddy-producing tree and no person having a right to the juice of any such tree, and no drawer of toddy shall sell toddy, and no person transporting or removing toddy under a permit granted under 1 section 13 shall sell the same except - (a) under a licence granted under section 16, or (b) to a person licensed to manufacture or sell liquor under this Act. ___________ 1. This phrase was substituted for the original phrase "clause (b) of section 12" by Bom. Act XII of 1912, section 9(1).
View Complete Act List Judgments citing this sectionBombay Abkari Act, 1878, (Maharashtra) Section 20
Title: Duty on Tapping of Toddy Trees
State: Maharashtra
Year: 1878
For every toddy-producing tree from which toddy is drawn there shall, if Government so direct, be levied for any period during which such tree is tapped 1 or licensed to be tapped 1 such duty as Government from time to time directs, and every licence for drawing toddy granted under section 14 shall specify; in addition to any other particulars prescribed by Government under section 30 - (a) the number, description and situation of the trees to be tapped; (b) the amount of duty to be levied in respect of each tree included in the licence; (c) the installments, if any, in which and the periods at which the said duty shall be leviable. ___________ 1. These words were inserted by Bom. Act XII of 1912, section 11.
View Complete Act List Judgments citing this sectionBombay Abkari Act, 1878, (Maharashtra) Section 21
Title: Duty by Whom Payable
State: Maharashtra
Year: 1878
The said duty shall be leviable primarily from the person holding the licence to draw toddy and in default by him, or if the trees are tapped without licence from the owner of the trees.
View Complete Act List Judgments citing this sectionBombay Abkari Act, 1878, (Maharashtra) Section 22
Title: Owner Entitled to Assistance in Recovering from Licensee Duty Paid by Him
State: Maharashtra
Year: 1878
When any duty is recovered under the last preceding section from the owner of the trees, he shall be entitled to assistance in recovering the same from the holder of the licence under the provisions of the law for the time being in force relating to the recovery by superior landholders of their dues from their tenants.
View Complete Act List Judgments citing this sectionBombay Abkari Act, 1878, (Maharashtra) Section 23
Title: Farming of Right of Drawing Toddy Within Local Area
State: Maharashtra
Year: 1878
It shall be lawful for the Government within any local area to which they shall deem fit to apply the provisions of this section, instead of directing the levy of a duty under section 20 on each tree from which toddy is drawn, to farm the right of drawing toddy from all toddy-producing trees within such area for such period and on payment of such duty either in the lump or in the periodical installments and on such conditions as they shall deem fit to impose. Within any such area no person shall draw toddy from any toddy-producing tree, except with the written permission of the person to whom the said right is farmed.
View Complete Act List Judgments citing this sectionBombay Abkari Act, 1878, (Maharashtra) Section 25
Title: Privilege of Drawing Toddy from Government Trees
State: Maharashtra
Year: 1878
The privilege of drawing toddy from trees the right to which vests in Government may be disposed of annually by auction or otherwise on such terms as the Collector acting under the general orders of Government, deems fit.
View Complete Act List Judgments citing this sectionBombay Abkari Act, 1878, (Maharashtra) Section 29
Title: Farmer May Apply to Collector to Recover Amounts Due to Him
State: Maharashtra
Year: 1878
When any amount is due to 1 any farmer of the right of drawing toddy from any person who has drawn toddy from any toddy-producing tree, such farmer may apply to the Collector to recover such amount on his behalf and the Collector may in his discretion, recover such amount as if it were an arrear of land revenue, and shall pay any amount so recovered to the applicant: Provided that the execution of any process issued by the Collector for the recovery of such amount shall be stayed if the person from whom it is sought to recover the same institutes a suit in the Civil Court to try the demand of the farmer, and furnishes security to the satisfaction of the Collector for the payment of the amount which the Court may adjudge to be due from him to such farmer : Provided also that nothing contained in this section or done there under shall affect the right of any such farmer to recover by suit in the Civil Court or otherwise any amount due to him from any such person as aforesaid. ______________ 1. The words repealed by Bom. Act XII of 1912, section 13, are omitted.
View Complete Act List Judgments citing this sectionBombay Abkari Act, 1878, (Maharashtra) Section 35A
Title: Power of Commissioner to Frame Rules
State: Maharashtra
Year: 1878
1[The Commissioner may make rules - (a) regulating the manufacture, supply or storage of any excisable article or hemp including - (i) the erection, inspection, supervision, management and control or any place for the manufacture, supply or storage of such article or hemp, and the fittings, implements and apparatus to be maintained therein; (ii) the cultivation of hemp and the collection of the spontaneous growth of such plant and the preparation of any intoxicating drug from such growth; (iii) the tapping of toddy-producing trees and the drawing of toddy from such trees; (iv) the bottling of foreign liquor; (b) regulating the deposit of any excisable article or hemp in a warehouse and the removal of such article from any such warehouse or from any distillery or brewery; (c) prescribing the case of any excisable article the way in which the duty on such article shall be levied; (d) prescribing the scale of fees or the manner of fixing the fees payable in respect of any privilege, licence, permit or pass or of the storing of any excisable article or hemp; (e) regulating the time, place and manner of payment of any duty or fee; (f) prescribing the restrictions.....
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