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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.....

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Northern India Ferries Act, 1878 Complete Act

State: Central

Year: 1878

.....regions of that State- M.P. Act 23 of 1958, Section 3(l). In its application to the Vidarbha region of the State of Bombay (now Maharashtra) this Act is repeated-Bom, Act 60 of 1959, Section 19(19-10-1959). 3. The Act was brought into force in Punjab on 1-4-1881, see Punj. Gaz., 1881, Pt. I. p. 139; in U.P. on l-l-1989, see N.W.P. and Oudh Gaz., 1878. Pt. I , p. 2035; in Assam, on 1-4-1897. see Assam Gaz., 1879, Pt. I. p. 187. 4. Added by 2 A.L.O., 1956 ( 1-11-1956). 5. Substitted for the words 'Provincial Government by A.L.O., 1950. 6. Substituted for the original Proviso by the Devolution Act, 1920 (38 of 1920), S. 2 and Schedule I, Part I. 7. Substituted for the word 'Provinces' by A.L.O., 1950. 8. The words 'and in any case where the said Local Governments fail to agree as regards the exercise of any such power they shall exercise such power subject to the control of the Governor-General in Council' were omitted by A.O., 1937 (1-4-1937). 9. Substituted for the words 'Provincial .Government' by A.L.O., 1950. 10. Inserted in the application of the Act to- The Uttar Pradesh by the Uttar Pradesh Local Boards Act, 1883 (14 of 1883), Section 65. The Punjab by the Punjab District.....

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Northern India Ferries Act, 1878 Part V

Title: Miscellaneous

State: Central

Year: 1878

.....34 - Jurisdiction of Civil Courts barred No suit to ascertain the amount of any compensation payable, or abatement of rent allowable.under this Act shall be cognizable by any Civil Court. Section 35 - Delegation of powers The State Government may, from time to time, delegate, under such restrictions as it thinks fit. any of the powers conferred on it by this Act to any Commissioner of a division or Magistrate of a district, or to such other officer as it thinks fit, by name or by virtue of his office. Section 36 - Validation of proceedings since repeal of Regulation VI of 1819 in Punjab Rep.by the Repealing and Amending Act.1891 (12 of 1891), Section 2 and ScheduleI, Pt.I.

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Bombay Abkari Act, 1878, (Maharashtra) Section 36

Title: Powers Exercisable by Abkari

State: Maharashtra

Year: 1878

.....such trees are licensed for tapping or not, and 1 any2 [warehouse,] shop or premises in which any licensed manufacturer or vendor carries on the manufacture or sale of 3 any excisable article or hemp 3 or draws toddy, or stores 3 any excisable article or hemp 3 and examine, test, measure or weigh any such person's stock of 3 any excisable article or hemp 3 or materials; or (b) enter, at any time day or by night, any building, vessel, 4[vehicle] or enclosed place in which he has reason to believe that 3 any excisable article or hemp 5 liable to confiscation under this Act is manufactured, kept or concealed or that toddy is drawn, or that any still, utensil, implement or apparatus is used, kept or concealed for the purpose of manufacturing 3 any excisable article 3 contrary to the provisions of this Act; and (c) in case of resistance, break open any door and remove any other obstacle to his entry into any such shop, premises, building, vessel, 6 vehicle or other place; and (d) seize any excisable article or hemp 5 and any material used in the manufacture thereof, and any still, utensil, implement or apparatus, and any other thing which he has reason to believe to be liable to.....

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Opium Act, 1878 Complete Act

State: West Bengal

Year: 1878

OPIUM ACT, 1878 OPIUM ACT, 1878 January 9, 1878 Act, No. of An Act to amend the law relating to opium. Preamble.- Whereas it is expedient to amend the law relating to opium. It is hereby enacted as follows Section 1 Short title and extent 1Words subs, for the words "It shall extend to such local areas as the Governor General In Council may, by notification In the Gazette of India, from time to time direct;" by Act 33 of 1950.[It extends to the whole of India except the State of Jammu and Kashmir.] This Act may be called the Opium Act, 1878. Section 2 . 1 Sec. 2 rep. partly by Act 12 of 1891 and partly by Act 4 of 1894, which was earlier as under :- "2. Repeal of enactments. Amendment of Acts. Amendment of Act 7 of 1836.-The enactments mentioned In the schedule hereto annexed shall be repealed to the extent specified In the third column of the said schedule: And in Acts No. XI of 1849, No. XXI of 1856 and No. X Of 1871, and In Bengal Act No. II of 1876, the words "intoxicating drugs" (wherever they occur) shall not Include opium. The reference made to Bombay Regulations XXI of 1827 and XX of 1830 In Act No. VII of 1836 shall be read as if made to the corresponding.....

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Bombay Abkari Act, 1878, (Maharashtra) Section 19A

Title: Manner of Levying Duty

State: Maharashtra

Year: 1878

..... (ii) by payment upon issue for sale from a warehouse established or licensed under section 15; (d) in the case of spirit or beer manufactured in any distillery established or any distillery or brewery licensed under section 15- (i) by a rate charged upon the quantity produced in or issued from the distillery or brewery, as the case may be, or issued from a warehouse established or licensed under section 15, or (ii) by a rate charged in accordance with such scale of equivalents, calculated on the quantity of materials used or by the degree of attenuation of the wash or wort, as case may be, as Government may prescribe; (e) in the case of intoxicating drugs manufactured in accordance with the provisions of section 14, by payment upon the quantity produced or manufactured in accordance with the provisions of section 14 or issued from a warehouse established or licensed under section 15 : Provided that where payment is made upon issue for sale from a warehouse established or licensed under section 15 such payment shall be at the rate of the duty in force at the date of issue from the warehouse : Provided further that where one and the same person is.....

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Opium Act, 1878 Complete Act

State: Central

Year: 1878

.....to the pre-Reorganisation State of Bombay (excluding the transferred territories) has been repealed in whole, see Bombay Repealing and Amending Act, 1959 (Born. Act LXIII of 1959). As to repeal of this Act in the other areas of the State of Bombay, sec Born. Act XXV of 1949 as amended by Born. Act XII of 1959. The Act has now been revived in Bombay area of Mysore by Mysore Act XVII of 1962. It has now been extended to the Union territory of- (1) Goa, Daman and Diu, by Regn. XII of 1962 (31-3-1963); (2) Pondicherry, by Regn. VII of 1963 (1-10-1963); and (3) Laccadive, Minicoy and Amindivi Islands, by Regn, VIII of 1965 (1-10- 1967). The Act has been extended to the Union territory of Dadraand Nagar Havell by G.S.R. 450 of 1968 issued under .Section 10 of Act 31 of 1965, with effect from 1-4- 1968. Act enforced in the Union territory of Goa, Daman and Diu on 31-1-1963-See Goa Govt. Gaz" 31-1-1963, Sr. I, No. 5 (Supplement), P. 31, SECTION 01: SHORT TITLE This Act may be called THE OPIUM ACT, 1878. Local extent.-2[It extends to the whole of India except the State of Jammu and Kashmir.] SECTION 02: REPEAL AND AMENDMENT OF ENACTMENT -[Repealed by the Repealing and Amending Act,.....

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Bombay Abkari Act, 1878, (Maharashtra) Section 54

Title: Things Liable to Confiscation

State: Maharashtra

Year: 1878

1[Whenever an offence under this Act has been committed - (a) any excisable article, hemp, mhowra flowers, materials, still, utensil, implement or apparatus in respect of which the offence has been committed; (b) any excisable article, hemp, or mhowra flowers, lawfully imported, transported, manufactured, had in possession or sold along with, or in addition to, any article liable to confiscation under clause (a); (c) the receptacles, packages and coverings in which any article liable to confiscation under clause (a) or clause (b) is found and the other contents of such receptacles, packages and coverings and the animals, carts, vessels or other conveyance used in carrying any such article, shall be liable to confiscation.] ______________ 1. Section 54 was substituted for the original sections 54 and 55 by Bom. Act XIII of 1912, section 37.

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Bombay Abkari Act, 1878, (Maharashtra) Section 53

Title: Presumption as to Commission of Offence in Certain Cases

State: Maharashtra

Year: 1878

.....an offence under that section 3 in respect of 4 any excisable article or hemp 5 or any still, utensil, implement or apparatus whatsoever for the manufacture of 6 any excisable article 7 or mhowra flowers, 8 or any such material as are ordinarily used in the manufacture of 8 any excisable article 7 for the possession of which he is unable to account satisfactorily.] 9 [* * *] ______________ 1. The words "or section 47" repealed by Bom. Act XII of 1912, section 36, clause (a), are omitted. 2. These words were inserted by Bom. Act XII of 1912, section 36, clause (b). 3. These words were substituted for the original words "those sections" by Bom. Act XII of 1912, section 36, clause (c). 4. These words were substituted for the original words "any liquor or hemp or intoxicating drug" by Bom. Act XII of 1912, section 36, clause (d). 5. These words were substituted for the original words by Bom. Act XII of 1912, section 35. 6. These words were substituted for the original words by Bom. Act XII of 1912, section 36, clause (e). 7. These words were inserted by Bom. Act III of 1892, section 4. 8. These words were inserted by Bom. Act XII of 1912, section 36, clause (b). .....

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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.....

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