Bare Act Search Results

Bombay 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.

Bombay 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.

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 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 43

Title: for Illegal Import, Etc.

State: Maharashtra

Year: 1878

.....permit or pass obtained under this Act, (a) imports (i) exports, (ii) or possesses (iii) any excisable article or hemp, or (b) manufactures any excisable article, or (c) cultivates or collects hemp, or (d) taps any toddy-producing tree, or (e) draws toddy from any tree, or (f) constructs or works any distillery or brewery, or (g) bottles any foreign liquor, or (h) uses, keeps or has in his possession any materials, still, utensil (i) implement or apparatus whatsoever for the purpose of manufacturing any excisable article other than toddy, or (i) sells any excisable article or hemp, shall on conviction, be punished for each such offence with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both : Provided that when any person is convicted under this sub-section of any offence committed in respect to cocaine or any of the synthetics thereof, he shall be punished on first conviction with imprisonment (a) for a term which may extend to one year, or with fine (b) which may extend to two thousand rupees, or with both, and on any subsequent conviction with imprisonment for a term which.....

Bombay 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.

Bombay 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.

Bombay 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).

Bombay 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.

Bombay 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.....