(1) GOVERNMENT OF MAHARASHTRA STATE EXCISE DEPARTMENT THE MAHARASHTRA EXCISE MANUAL VOL.—I (As modified up to 29th February 2012) Price : Rs. 309.00 Printed by the Manager, Government Press and Book Depot, Nagpur-440 001 and Published by the Commissioner, State Excise Maharashtra State, Mumbai-400 023. (2) Bombay Act No. XXV of 1949 The Bombay Prohibition Act, 1949 (3) PREFACE It is indeed pleasure to introduce the updated Volume-I of the Maharashtra Excise Manual of the State Excise Department. After taking over the charge of Commissioner of State Excise in June, 2011, I myself felt the dire need for such a Manual. The State Excise Department of the Government of Maharashtra has an interesting past and promising future. The department controls and regulates the trade in intoxicants of which liquor forms the major part. The law relating to intoxicants including liquor and the excise duties thereon was initially administered by the Excise Department in this State till June, 1949.With repeal of the Bombay Abkari Act, 1878 and introduction of Bombay Prohibition Act,1949, with effect from 16th June, 1949, the Excise Department was renamed as Prohibition and Excise Department and was made responsible for enforcement of and education on prohibition. The State Government followed strict prohibition policy till December, 1963. The policy of prohibition was partially relaxed and step by step rationalization occurred. Initially, toddy was introduced, later on manufacture of potable liquor was allowed, then country liquor scheme was introduced, so on and so forth. The Department was again renamed as State Excise Department in the year 1990. After the publication of the Maharashtra Excise Manual, Volume- I in 1996 further updated copy was not printed. The department has under gone many changes since then. In 1997, the department came with ad valorem based levying of duty on liqur which trans- formed the excise revenue considerably. In view of the past decade of far reaching economic changes and globalization, need of up to-date revised Manual was keenly felt at all levels. I would like to place on record my deep appreciation by the efforts put in by the staff at the Commissionerate and staff at the office Superin-tendent of State Excise, Nagpur District for making this compilation a success. A special mention of the efforts put in by S/Shri Rahul Ambhore and Pravin Mohatkar is necessary, I hope this compilation will prove useful to the excise administrators, to all licensees in the liquor trade and to the public in general. (Dr. Sanjay Mukherjee), Commissioner of State excise, Maharashtra State, Mumbai. Mumbai : Dated February, 2012. (1) PART – I THE BOMBAY PROHIBITION ACT, 1949 CONTENTS Section Brief Description Page No. PREAMBLE CHAPTER I – Preliminary 1. Short title, extent and commencement. 1 2. Definations. 2 CHAPTER II – Establishment 3. Commissioner of Prohibition and Excise. 7 4. Collectors 8 5. Subordinate Officers. 8 6. Investing officers of Police and other department with 8 powers and duties under this Act. 6A. Board of Experts. 9 7. Other boards and Committees. 9 8. Medical Boards. 10 9. Control of Commissioner over Prohibition Officers and 10 other officers. 10. Delegation. 10 CHAPTER III - Prohibitions 11. Manufacture, etc. of Intoxicant to be permitted in accor- 11 dance with provision of Act, rules etc. 11A. Power of Gram Sabha to enforce prohibition or to regulate 11 or restrict the sale and consumption of any intoxicant. 12. Prohibition of Manufacture of Liquor and construction 11 and working of distillery or brewery. 13. Prohibition of sale, etc. of Liquor. 11 14. Prohibition of export, import, transport, sale, manufacture, 11 etc. of intoxicating drugs. 15. Prohibition of import, export, transport, sale, etc. of sweet 11 toddy. (2) 16. Prohibition of tapping of toddy producing trees and 11 drawing of toddy. 17. Prohibition of possession etc. of opium. 12 18. Prohibition of sale to minors. 12 19. (Deleted) 12 20. Prohibition of production, etc. of charas. 12 21. Alteration of denatured spirit. 12 21A. Alteration of denatured spirituous preparation. 12 22. Prohibition of allowing any premises to be used as 12 Common Drinking House. 22A. Prohibition of issuing prescriptions for Intoxicating 12 Liquor except by Registered Medical Practitioners. 23. Prohibition of soliciting use of intoxicant or hemp or 13 doing any act, calculated to incite or encourage members of public to commit offence. 24. Prohibition to publication of advertisement relating to 13 intoxicants, etc. 24A. This Chapter not to apply to certain articles. 14 CHAPTER IV – Control, Regulation and Exemptions 25. Exemption of Preparations. 14 26. Distilleries and Warehouses for intoxicants. 14 27. Intoxicant or hemp not to be removed from Warehouse, 15 etc. 28. Passes for import, etc. 15 29. Through transport. 16 30. (Deleted) 16 31. Licences for bona fide medicinal or other purposes. 16 31A. Licences for purchase, etc. of liquor for manufacture 16 of articles mentioned in section 24A. 32. Licences for tapping of Neera. 16 33. Trade and Import Licences. 16 34. Vendor’s Licences. 16 35. Hotel Licences. 17 36. (Deleted) 17 37. (Deleted) 17 38. Licences to Shipping Companies and to Masters of Ships. 18. 39. Permission to use or consume foreign liquor on Warships, 18 Troop Ship and in Messes and Canteens of Armed Forces. (3) 40. Permits. 18 40A. Health permits. 19 40B. Emergency permits. 19 41. Special permits to Foreign Sovereigns, etc. 19 42. (Deleted) 19 43. Regulation of use or consumption of Foreign Liquor 20 by certain Permit holders. 44. Licence to clubs. 20 45. Authorization for Sacramental purposes. 20 46. Visitor’s permit. 21 46A. Tourist’s permit. 21 47. Interim permits. 21 48. Permits for consumption or use of Intoxicating Drugs 22 or Opium. 48A. Permits to be non-transferable. 22 49. Exclusive privilege of Government to import, etc., 22 intoxicants and fees levied include rent or consideration for grant of such privilege to person concerned. 50. (Deleted) 22 51. (Deleted) 23 52. Power of authorized officer to grant licences, permits 23 and passes in certain cases. 53. General conditions regarding licences, etc. 23 53A. Certain Licencees required to keep measures, etc. 23 54. Power to cancel or suspend Licences and Permits. 23 55. Holder of licence, etc. not entitled to compensation or 24 refund of fee for cancellation or suspension thereof. 56. Cancellation for other reasons. 24 57. Attachment of licence. 24 58. Right, Title or Interest under Licence not liable to be 25 sold or attached in execution. 58A. Supervision over manufacture, etc. 25 59. Commissioner entitled to require licence holder or 25 owner to dispose of stocks. CHAPTER IV-A – Control and regulation of articles mentioned in section 24A to prevent their use as intoxicating liquor. 59A. Manufacture of articles mentioned in section 24A. 26 59AA. Control on manufacture, etc. of articles mentioned in 26 section 24A. 59B. Analysis of articles mentioned in section 24A. 27 (4) CHAPTER IV-B – Control and Regulation of Denatured Spirituous Preparations to prevent their use as intoxicating liquor. 59 C. Prohibition against possession of denatured spirituous 27 preparation in excess of prescribed limit and the regulat- ion of its possession in excess of prescribed limit. 59 D. Regulation of manufacture, etc. of denature spirituous 28 preparations. CHAPTER V – Mhowra flowers. 60. Prohibition of export or import of mhowra flowers : 28 Control and regulation of transport, sale, etc. of mhowra flowers. CHAPTER VI – Control and regulation of Molasses. 61. Control of export, etc. of molasses. 29 62. Provisions of sections 53 to 59 to apply to licences 29 granted under section 61. 63. Provision of Act in relation to molasses to be in 29 addition to and not in derogation of Bom. XXXVII of 1956. 64. (Deleted) 29 CHAPTER VII – Offences and Penalties. 65. Penalty for illegal, import, etc. of intoxicant or hemp. 29 66. Penalty for illegal cultivation and collection of hemp 30 and other matters. 66A. Penalty for illegal import, etc. of opium. 31 67. Penalty for alteration or attempting to alter denatured 31 spirit. 67-1A. Penalty for alteration or attempting to alter denatured 31 spirituous preparation. 67-1B. Penalty for contravention of provision regarding 32 prescriptions. 67A. Penalty for manufacturing articles mentioned in section 32 24A in contravention of the provisions of section 59A. 67B. Penalty for failure to satisfy the Commissioner under 33 sub-section (1), or to comply with a requisition under sub-section (2), or section 59-B. 67C. Penalty for possessing, etc. denatured spirituous 33 preparations in contravention of provisions of section 59C and 59D. 68. Penalty for opening etc., of common drinking house. 33 (5) 69. Penalty for illegal import, etc., mhowra flowers. 33 70. Penalty for illegal import, etc. of molasses. 34 71. (Deleted) 34 72. Penalty for removal of intoxicant, etc. 34 73. Penalty for printing or publishing advertisement in 34 contravention of provisions of Act, etc. 74. Penalty for circulating, etc. newspapers, etc. containing 34 advertisements regarding intoxicants, etc. 75. Penalty for inciting or encouraging certain acts. 34 75A. Penalty for contravention of provisions of section 43. 35 76. Penalty for neglect to keep measures, etc. 35 77. Penalty for misconduct by licensee, etc. 35 78. Penalty for misconduct by licensed vendor or 36 manufacturer. 79. Liability of licensee for act of servants. 36 80. Import, export etc. of intoxicant by any person on 37 account of another. 81. Penalty for attempts or abetment. 37 82. Breach of licence, permit, etc. to be an offence. 37 83. Penalty for conspiracy. 37 84. Penalty for being found drunk in any drinking house. 37 85. Penalty for being drunk and for disorderly behaviour. 37 86. Penalty for allowing any premises to be used for purpose 38 of committing an offence under Act.