English — official source version
h-2065_the_guj._prohibition_act,_1949.pdf.txt
GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS
DEPARTMENT
BOMBAY ACT No. XXV OF 1949
The Gujarat Prohibition
Act, 1949
(As modifi ed upto the 30th May, 2014)
Printed in India by the Manager, Government Press,
Vadodara, published By the Director, Government Printing,
Publications and Stationery, Gujarat State.
2014
GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS
DEPARTMENT
BOMBAY ACT No. XXV OF 1949
The Gujarat Prohibition
Act, 1949
(As modifi ed upto the 30th May, 2014)
Printed in India by the Manager, Government Press,
Vadodara, published By the Director, Government Printing,
Publications and Stationery, Gujarat State.
2014
1949 : Bom. XXV ] Gujarat prohibition Act, 1949 i
THE GUJARAT PROHIBITION ACT, 1949.
CONTENTS.
PREAMBLE.
SECTIONS. PAGE NO.
CHAPTER I.
PRELIMINARY.
1. Short title, extent and commencement. 1
2. Defi nitions. 2
CHAPTER II.
ESTABLISHMENT.
3. Director of Prohibition and Excise. 7
4. Collectors. 7
5. Subordinate offi cers. 8
6. Investigeting offi cers of Police and other departments with powers and duties under this Act. 8
6A. Board of Expertrs. 8
7. Other Boards and Committees. 9
8. Medical Boards. 9
9. Control of Director over Prohibition Offi cers and other Offi cers. 9
10. Delegation. 9
CHAPTER III.
PROHIBITIONS.
11. Manufacture, etc., of intoxicant to be permitted in accordance with provisions of Act, rules, 10
etc.
12. Prohibition of manufacture of liquor and construction and working of distillery or brewery. 10
13. Prohibition of sale, etc., of liquor. 10
14. Prohibition of export, import, transport, sale, manufacture, etc., of intoxicating drugs. 10
15. Prohibition of import, export, transport, sale, etc. of sweet toddy. 10
16. Prohibition of tapping of toddy producing trees and drawing of toddy. 10
17. Prohibition of possession, etc., of opium. 10
18. Prohibition of sale to minors. 10
19. [ Deleted. ] 11
20. Prohibition of production, etc., of charas. 11
21. Alteration of denatured spirit. 11
H-2065—(i)
ii Gujarat prohibition Act, 1949 [1949 : Bom. XXV
SECTIONS. PAGE NO.
21A. Alteration of denatured spirituous preparation. 11
22. Prohibition of allowing any premises to be used as common drinking house. 11
22A. Prohibition of issuing prescriptions for intoxicating liquor except by registered medical practisoners. 11
23. Prohibition of soliciting use of intoxicant or hemp or doing any act, calculated to incite or encourage 12
member of public to commit offence.
24. Prohibition of publication of advertisements relating to intoxicant, etc. 12
24-1A. Prohibition of consumption of medicinal preparation containing alcohol in excess of normal dose. 13
24-1B. Prohibition of entry in State in intoxicated condition. 13
24A. This Chapter not to apply to certain articles. 13
CHAPTER IV
CONTROL, REGULATION AND EXEMPTIONS.
25. Exemption of preparations. 13
26. Distilleries and warehouses for intoxicants. 13
27. Intoxicant or hemp not to be removed from warehouse, etc. 14
28. Passes for import, etc. 14
29. Through transport. 14
30. [ Deleted. ] 14
31. Licences for bona fi de medicinal or other purposes. 15
31-A. Licences for purchase, etc., of liquor for manufacture of articles mentioned in section 24-A. 15
32. Licences for tapping for neera. 15
33. Trade and import licences. 15
34. Vendor’s licence. 15
35. Hotel licences. 16
36. [ Deleted. ] 16
37. [ Deleted. ] 16
38. Licences to shipping companies and to Masters of ships. 16
39. Premission to use or consume foreign liquor on warships, troopships and in messes and canteens of 16
armed forces.
40. Temporary resident’s permits. 17
40A. Health permits. 17
40B. Emergency permits. 17
41. Special permits to foreign sovereings, etc. 18
1949 : Bom. XXV ] Gujarat prohibition Act, 1949 iii
SECTIONS. PAGE NO.
42. [ Deleted. ] 18
43. Regulation use or consumption of foreign liquor by certain permit holders. 18
44. Licence to clubs. 19
45. Authorization for sacramental purposes. 19
46. Visitor’s permit. 20
46A. Tourist’s permit. 20
47. Interim permits. 20
48. Permits for consumption or use of intoxicating drugs or opium. 20
48A. Permits to be non-transferable. 21
49. [ Deleted. ] 21
50. [ Deleted. ] 21
51. [ Deleted. ] 21
52. Power of authorised offi cer to grant licences, permits and passes in certain cases. 21
53. General conditions regarding licences, etc. 21
53A. Certain licences required to keep measures, etc. 21
54. Power to cancel or suspend licences and permits. 21
55. Holder of licences, etc., not entitled to compensation or refund of fee for cancellation or 22
suspension thereof.
56. Cancellation for other reasons. 22
57. Attachment of licence. 23
58. Right, title or interest under licence not liable to be sold or attached in execution. 23
58A. Supervision over manufacture, etc. 23
59. Director entitled to require licence holder or owner to dispose of stocks. 23
CHAPTER IV-A
CONTROL AND REGULATION OF ARTICLES MENTIONED IN SECTION
24A TO PREVENT THEIR USE AS INTOXICATING LIQUOR.
59AA. Control on manufacture, etc., of articles mentioned in section 24A. 24
59A. Manufacture of articles mentioned in section 24A. 24
59B. Analysis of articles mentioned in section 24A. 25
iv Gujarat prohibition Act, 1949 [1949 : Bom. XXV
SECTIONS. PAGE NO.
CHAPTER IV-B
CONTROL AND REGULATION OF DENATURED SPIRITUOUS PREPARTION
TO PREVENT THEIR USE AS INTOXICATING LIQUOR.
59C. Prohibition against possession of denatured spirituous preparation in excess of prescribed limit and 25
the regulation of its possession in excess of prescribed limit.
59D. Regulation of manufacture, etc., of denatured spirituous preparations. 26
CHAPTER V
MHOWRA FLOWERS.
60. Prohibition of export or import of mhowra fl owers. Control and regulation of transport, sale, etc., 26
of mhowra fl owers.
CHAPTER VI
CONTROL AND REGULATION OF MOLASSES.
61. Control of export, etc. of molasses. 27
62. Provisions of sections 53 to 59 to apply to licenses granted under section 61. 27
63. Provision of Act in relation to molasses to be in addition to and not in derogation of Bom. XXXVIII 27
of 1956.
64. [ Deleted ]
CHAPTER VI—A
CONTROL AND REGULATION OF ROTTEN GUR AND AMMONIUM CHLORIDE.
64. Prohibition against possession of rotten gur in excess of prescribed limit. 27
64A. Regulation of manufacture, etc., of rotten gur. 27
64B. Regulation of manufacture, ect., of ammonium chloride. 28
64C. Provision of sections 53 to 59 to apply to licences, permits, etc., granted under sections 64, 64A and 28
64B.
CHAPTER VII
OFFENCES AND PENALTIES.
65. Penalty for illegal import, etc., of intoxicant or hemp. 28
65A. Punishment for laththa. 28
66. Penalty for illegal cultivation and collection of hemp and other matters. 29
66A. Penalty for illegal import, etc., of opium. 30
67. Penalty for alteration or attempting to alter denatured spirit. 30
67-1A. Penalty for alteration or attempting to alter denatured spirituous preparation. 30
67-1B. Penalty for contravention of provision regarding prescriptions. 31
67A. Penalty for manufacturing articles mentioned in section 24A in contravention of the provisions of 31
section 59A.
1949 : Bom. XXV ] Gujarat prohibition Act, 1949 v
SECTIONS. PAGE NO.
67B. Penalty for failure to satisty the Director under sub-section (1), or to comply with a requisition 32
under sub-section (2) of section 59B.
67C. Penalty for possessing etc., denatured spirituous preparations in contravention of provisions of 32
sections 59C and 59D.
68. Penalty for opening, etc., of common drinking house. 33
69. Penalty for illegal import, etc., of mhowra fl owers. 33
70. Penalty for illegal import, etc., of molasses. 34
70A. Penalty for illegal possession, etc., of rotten gur or ammonium chloride. 34
71. [ Deleted.] 34
72. Penalty for removal of intoxicants, etc. 34
73. Penalty for printing or publishing advertisements in contravention of provisions of Act, etc. 34
74. Penalty for circulating, etc., newspapers, etc., containing advertisements regarding intoxicants, etc. 34
75. Penalty for inciting or encouraging certain acts. 35
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. 36
78. Penalty for misconduct by licensed vendor or manufacturer. 36
79. Liabillity of licensee for acts of servants. 37
80. Import, export, etc., of intoxicant by any person on account of another, 37
81. Penalty for attempts or abetment. 37
82. Breach of licence, permit, etc., to be an offence. 37
83. Penalty for conspiracy. 38
84. Penalty for being found drunk in any drinking house. 38
85. Penalty for being drunk and for disorderly behaviour. 38
86. Penalty for allowing any premises to be used for purpose of commiting an offence under Act. 39
87. Penalty for chemist, druggist or apothecary for allowing his premises to be used for purpose of 39
consumption of liquor.
88. Penalty for issuing false prescriptions. 40
89. Penalty for maliciously giving false information. 40
90. Penalty for offences not otherwise provided for. 40
91. Demand for security for abstaining from commission of certain offences 40
92. Rendering community service in lien of imprisonment. 40
93. Demand of security for good behaviour. 41
vi Gujarat prohibition Act, 1949 [1949 : Bom. XXV
SECTIONS. PAGE NO.
94. Execution of bonds in respect of minors. 41
94-A. Punishment for failure in duty by Prohibition Offi cer or Police offi cer. 41
95. Punishment for vexatious search, seizure or arrest. 41
96. Punishment for vexations delay. 41
97. Punishment for abetment for escape of persons arrested. 42
98. Things liable to confi scation. 42
99. Return of things liable to confi scation to bona fi de owners. 42
100. Procedure in confi scation. 43
101. Power of Collector, etc., to order sale or destruction of articles liable to confi scation. 43
102. Forfeiture of any publication containing advertisement or matter soliciting use of intoxicants. 43
103. Presumption as to commission of offences in certain case. 43
103A. [ Deleted.] 44
104. Compounding of offences. 44
104A. Bombay Prohibition of Offenders Act, 1938, and section 562 of Code of Criminal 44
Procedure, 1898, not to apply to persons conviced of offence under this Act.
CHAPTER VIII
EXCISE DUTIES.
105. Excise duties. 45
106. Manner of levying excise duties. 45
107. Fees. 46
107A. Declaration of stock of articles mentioned in section 24A; maintenance of accounts and submission 46
of returns.
107B. Power to obtain information and to search and seize excisable articles. 47
108. Penalty for import of intoxicant, etc., without payment of duty. 47
109. Duty on tapping of toddy trees. 47
110. Duty by whom payable. 48
111. Owner of trees entitled to assistance for duty paid. 48
112. Privilege of drawing toddy from trees belonging to Government. 48
113. [ Deleted. ] 48
114. Recovery of duties, etc. 48
1949 : Bom. XXV ] Gujarat prohibition Act, 1949 vii
SECTIONS. PAGE NO.
CHAPTER IX.
POWERS AND DUTIES OF OFFICERS AND PROCEDURE.
115. Magistrate’s power to impose enhanced penalties. 48
115A. Venue of trial of offence of consumption of intoxicant or hemp. 48
116. Procedure to be followed by Magistrates. 49
116A. Tender of pardon to accomplice. 49
116B. No analysis required for known brand of liquor. 49
116C. Duty to send sample to laboratory. 49
117. Investigations, arrests, searches, etc., how to be made. 49
117A. Maintenance of list of Panchas. 49
118. Procedure of Code of Criminal Procedure relating to cognizable offences to apply. 50
119. Certain offences to be non-bailable. 50
120. Power of entry and inspection. 50
121. Power to open packages, etc. 50
122. Power to require production of licences. 51
123. Arrest of offenders and seizure of contraband articles. 51
124. Power to obtain information. 52
125. Power to seize intoxicants, etc. 52
126. Arrest without warrant. 52
127. Arrest of offenders failing to give names. 52
128. Issue of warrants. 53
128A. Certain provisions to apply to denatured spirituous preparations. 53
129. Prohibition offi cers may be empowered to investigate offences. 53
129A. Power to require persons to submit to medical examination, etc. 54
129B. Documents or reports of registered medical practitioner, etc. as evidence. 54
130. Arrested persons and things seized to be sent to offi cer-in-charge of police station. 55
131. Bail by Prohibition Offi cer. 55
132. Articles seized. 55
viii Gujarat prohibition Act, 1949 [1949 : Bom. XXV
SECTIONS. PAGE NO.
133. Duty of offi cers of Government and local authorities to assist. 55
134. Offences to be reported. 55
135. Landlords and others to give information. 56
136. [ Deleted. ] 56
CHAPTER X
APPEALS AND REVISION.
137. Appeals. 56
138. Revision. 56
CHAPTER XI
MISCELLANEOUS.
139. General powers of State Government in respect of licences, etc. 56
140. Power of State Government to prohibit, regulate or control consumption or use of intoxicants, 58
etc., in public place.
141. Employment of additional police. 58
142. Power of Collector to close places where intoxicant or hemp is sold in certain cases, 59
143. Power of State Government to make rules. 59
144. Director’s powers to make regulations. 63
145. Offi cers and persons acting under this Act to be public servants. 63
146. Bar of proceedings. 63
146A. Limitation of prosecutions or suits against offi cers. 63
146B. Provisions of Act not to apply to Government. 64
147. Provisions of this Act not to apply to import or export across customs frontier. 64
148. Repeal and amendments. 64
149. Further repeals and savings consequent on commencement of Bom. XXV of 1949 in other areas of 65
State.
SCHEDULE I-A. [omitted] 66
SCHEDULE I. 66
SCHEDULE II. 66
SCHEDULE III. 68
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 1
BOMBAY ACT NO. XXV OF 1949.1
[THE 2[GUJARAT] PROHIBITION ACT, 1949]+
[20th May 1949.]
Adapted and modifi ed by the Adaptation of Laws, Order, 1950.
Amended by Bom. 28 of 1950.
,, ,, ,, ,, 26 of 1952.
,, ,, ,, ,, 18 of 1953.
,, ,, ,, ,, 67 of 1953.
,, ,, ,, ,, 21 of 1954.
,, ,, ,, ,, 36 of 1954.
,, ,, ,, ,, 64 of 1954.
,, ,, ,, ,, 20 of 1955.
Adapted and modifi ed by the Bombay Adaptation of Laws (State and
Concurrent Subjects) Order, 1956.
Amended by Bom. 12 of 1959.
,, ,, ,, ,, 22 of 1960.
Adapted and modifi ed by the Gujarat Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
Amended by Guj. 16 of 1964.
,, ,, ,, ,, 09 of 1978.
,, ,, ,, ,, 21 of 2003.
,, ,, ,, ,, 27 of 2003.
,, ,, ,, ,, 07 of 2005.
,, ,, ,, ,, 15 of 2011.
,, ,, ,, ,, 29 of 2011.
An Act to amend and consolidate the law relating to the promotion and
enforcement of and carrying into effect the policy of prohibition
and also the Abkari law in the 3[State]
WHEREAS it is expedient to amend and consolidate the law relating to the promo-
tion and enforcement of and carrying into effect the policy of Prohibition; and whereas
it is also necessary to amend and consolidate the Abkari law in the 3[State] of Bombay
for the said purpose and to provides for certain other purposes hereinafter appearing; It
is hereby enacted as follows.
CHAPTER 1
PRELIMINARY
1. (1) This Act may be cited as the 2[Gujarat] Prohibition Act. 1949.
4[(2) It extends to the whole of the 5[State of Gujarat].]
1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1948, Part V, page 655.
+ This Act was extended to these areas of the State of Bombay to which immediately before the
commencement of Bom. 12 of 1959, it did not extend (vide Bom. 12 of the 1959, s.2).
2. This word was and was deemed to have been substituted on 1st May, 1960 for the word “Bombay”
by Guj. 15 of 2011, s.3, sch., Sr. No. 32.
3. This word was substituted for the word “Province” by Bom. 12 of 1959, s. 4.
4. This sub-section wassub stituted ibid, s. 5 (a).
5. These words ware substituted for the words “State of Bombay” by the Gujarat Adaptation of Laws
(State and Concurrent Subjects) Order, 1960.
Short title,
extent and
commence-
ment.
H-2065—1
2 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(3) It shall come into force 1[in the area comprising the Pre-Reorganisation State
of Bombay] on such date as the 2[State] Government may by notifi cation in the Offi cial
Gazette 3[Specify.
In those areas of the State to which it is extended by the Bombay Prohibition
Extension and Amendment ) Act, 1959, it shall come into force on such other date as
that Government may, by like notifi cation, appoint ;
4[ * * * * ]
5[ * * * * ] ].
*6[(4) On the commencement of this Act in the manner provided in sub-section
(3), in any area to which this Act is extended by the Bombay Prohibition ( Extension
and Amendment ) Act, 1959, all rules, regulations, orders and notifi cations made or
issued or deemed to be made or issued under this Act and in force in the pre-Reorgan-
isation State of Bombay excluding the transferred territories immediately before such
commencement, shall also extend to, and be in force in, that area. ]
2. In this Act, context, unless there is anything repugnant in the subject or
context,
(1) “authorization” means an authorization granted under section 45 for the use
of liquor for sacramental purposes ;
(2) “to bottle” with its various grammatical variations, means to transfer any
article from a cask or other vessel to a bottle, jar, fl ask, pot or similar receptacle for
the purpose of sale, whether any process of manufacture be employed or not bottling
includes re-bottling ;
7[ * * * * ]
8[(4) “Collector” includes an offi cer appointed by the State Government to
exercise all or any of the powers and to perform all or any of the duties or functions
of a Collector under this Act ;
(5) “Director” means an offi cer appointed as the Director of Prohibition and
Excise under section 3, and includes any offi cer on whom the State Government
may confer all or any of the powers of the Director under this Act;]
(6) “committee 9[ or board ]” means 10[ a committee or board ] appointed by
the 11[ State ] Government under section 7 ;
(7) “common drinking house” means a place where the drinking of liquor or
consumption of any intoxicating drug is allowed for the profi t or gain of the person
owning, occupying, using, keeping or having the care or management or control of such
place whether by way of charge for the use of the place or for drinking facilities
provided, or otherwise howsoever and includes the premises of a club or any other
place which is habitually used for the purpose of drinking liqour or consuming any
intoxicating drug by more than one person without a licence granted under this Act ;
(8) “country liquor” includes all liquor produced or manufactured in India;
1. These words were inserted by Bom. 12 of 1959 s. 5 (b) (i).
2. This word was substituted for the word ‘’Provincial” by the Adaptation of Laws Order, 1950.
3. This portion was substituted for the word “specify” by Bom. 12 of 1959 s. 5 (b) (ii).
4. This proviso was omitted by the Gujarat Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
5. This Explanation to sub-section (3) was omitted, ibid.
6. This sub-section was added by Bom. 12 of 1959, s. 5(c).
7. Clause (3) was deleted by Bom. 22 of 1960, s. 2(a).
8. These clauses were substituted by Bom. 12 of 1959, s. 6(a).
9. These words were inserted by Bom. 22 of 1960, s. 2(b).
10. These words were substituted for the words “any of the committees”, ibid.
11. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
*Sub-section (4) of section 1 shall stand unmodifi ed vide the Gujarat Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
Bom.
XII
of 1959.
Bom.
XII of
1959.
Defi nitions.
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 3
1[(9) “cultivation” means raising a plant from seed and includes the tending or
protecting of a plant during its growth; ]
(10) “denatured” means subjected to a process prescribed for the purpose of
rendering unfi t for human consumption;
2[(10a) “denatured spirituous preparation” means 3[ any liquid preparation made
with and containing denatured spirit ] 4[ or denatured alcohol] and includes lacquers,
French polish, and varnish prepared out of such spirit or alcohol ; ]
5[ * * * * ]
(12) “to drink” with its grammatical variations, means to drink liquor or to con-
sume any intoxicating drug;
(13) “excisable article” means —
(a) any alcoholic liquor for human consumption,
(b) an intoxicating drug 6[ or hemp ],
(c) opium,
7[(d) other narcotic drugs and narcotics which the State Government may,
by notifi cation in the Offi cial Gazette, declare to be an excisable article; ]
(14) “excise duty” and “countervailing duty” means such excise duty or counter-
vailing duty, as the case may be, as is mentioned in 8[ entry 51 in List II in the Seventh
Schedule to the Constitution; ]
(15) “excise revenue” means revenue derived or derivable from any duty, fee,
tax, fi ne (other than a fi ne imposed by a court of law) or confi scation or forfeiture
imposed or ordered under the provisions of this Act, or of any other law for the time
being inforce relating to intoxicants;
(16) “export” (except in section 147) means to take out of the 9[State] otherwise
than across a customs frontier 10 * * *
(17) “Foreign liquor” 11[means all liquor “ or produced or manufactured
outside India ] :
Provided that the 12[State] Government may, by notifi cation in the Offi cial Gazette,
declare that any specifi ed description of country liquor shall, for the purposes of this
Act, be deemed to be foreign liquor ;
(18) “hemp” means any variety of the Indian hemp plant from which
intoxicating drugs can be produced;
(19) “hotel licence” means a licence granted under section 35 :
13[(19a) “household” means a group of persons residing and messing jointly as
members of one domestic unit, but does not include their servants];
(20) “import” ( except in section 147) means to bring into the 9[State]
otherwise than across a custom frontier 10* * * * *;
1. This clause was substituted by Bom. 22 of 1960, s. 2(c).
2. Clause (10a) was inserted by Bom. 36 of 1954, s. 2.
3. These words were substituted for the words “any preparation made with denatured
spirit” by Guj. 16 of 1964, s. 2.
4. These words were substituted for the words “or alcohol” by Bom. 22 of 1960, s. 2 (d).
5. Clause (11) was deleted, ibid., s. 2 (e).
6. These words were added, ibid.,s. 2. (f).
7. This clause was substituted for clauses (d) and (e), ibid.
8. This portion was substituted for the portion “Item 40 in List II in the Seventh Schedule to the
Government of India Act, 1935” by the Adaptation of Laws Order, 1950.
9. This word was substituted for the words “pre-Reorganisation State of Bombay, excluding the transferred
territories” by Bom. 12 of 1959, s. 3.
10. The words “as defi ned by the Dominion Government” were deleted by Bom. 26 of 1952.s. 2(1).
11. These words were substituted for the words “includes all liquor brought into India by sea, air or land”
by Bom. 22 of 1960, s.2 (g).
12. This words was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
13. This clause was inserted by Bom. 22 of 1960, S. 2 (h).
4 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(21) “interim permit” means a permit granted under section 47 ;
(22) “intoxicant” means any liquor, intoxicating drug, opium or any other
substance which the 1[State] Government may, by notifi cation in the Offi cial
Gazette, declare to be an intoxicant ;
(23) “Intoxicating drugs” means —
(a) the leaves, small stalks and fl owering or fruiting tops of the Indian
hemp plant (Cannabis Sativa L,) including all forms known as bhang, sidhi or
ganja ;
2[(b) Charas, that is, the separated resin, whether crude or purifi ed obtained
from cannabis plant];
(c) any mixture, with or without neutral materials of any of the above forms
of intoxicating drug, or any drink prepared thereform ;3*
4[(d) any other intoxicating or narcotic drug or substance together with every
preparation or admixture of the same which the State Government may by notifi ca-
tion in the Offi cial Gazette, declare to be an intoxicating drug for the purposes of the
Act, such drug, substance, preparation or admixture not being opium, cocaum leaf or
a manufactured drug as defi ned in section 2 of the Dangerous Drug Act, 1930 ; ]
5[(23A) “Laththa” means spurious liquor, which contains methanol or any other
poisonous substances, which may cause harmful or injurious effects to the human body or
death of a person;]
(24) “liquor” includes—
(a) 6[Spirits], 7[denatured spirits] wine, beer, toddy and all liquids consisting
of or containing alcohol and
(b) any other intoxicating substance which the 1[State] Government may, by
notifi cation in the Offi cial Gazette, declare to be liquor for the purposes of this Act ;
(25) “manufacture” includes—
(a) every process whether natural or artifi cial by which any liquor or intox-
icating drug is produced, prepared or blended and also redistilation and every process
for the 8[rectifi cation, fl avouring, or colouring of iliquor or intoxicating drug], but
does not include fl avouring, blending or colouring of liquor or intoxicanting drug
lawfully possessed for private consumption ; and
(b) every procesing of producing and drawing of toddy from trees ;
(26) “Medical Board” means a board constituted under section 8 ;
(27) “mhowra fl ower” does not include the berry or seed of the mhowra tree ;
(28) “molasses” means the heavy, dark coloured 9[viscous liquid produced] in the
fi nal stage of the manufacture of gur or sugar containing, in solution or suspension, sugars
which can be fermented, 10[and includes the solid form of such liquid and also any product
formed by the addition to such liquid or solid of any ingredient which does not substan-
tially alter the character of such liquid or solid but does not include any article which the
1[State] Government may, by notifi cation in the Offi cial Gazette, declare not to be molasses,
for the pruposes of this Act ;
1. This word was substituted for the word “Provincial’ by the Adaptation of Laws Order 1950.
2. This sub-clause was substituted by Guj. 9 of 1978, s. 2 (1).
3. The word “and” was deleted by Bom. 26 of 1952 s. 2(2) (a).
4. Clause (d) was subsituted for the original clause with the proviso, ibid. s. 2(2) (b).
5. Clause (23A) was inserted by Guj. 29 of 2011, s. 2.
6. This word was substituted for the words “spirits of wine” by Bom. 22 of 1960, s.2(l).
7. These words were substituted for the words “methylated spirits” by Bom. 26 of 1952 s. 2(2).
8. These words were substituted for the words “rectifi cation of liquor” by Bom. 22 of 1960, s. 2 (j).
9. These words were substituted for the words “residual syrup drained away”, ibid, s. 2(K)(i).
10. These words were substituted for the words beginning with the words “and includes” and ending with the
words “alter the character of such syrup”, ibid. s.2(k) (ii).
II of 1930
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 5
(29) “Offi cer in charge of a Police Station” includes—
1[ * * * * * ]
(b) 2[**] the offi cer in charge of a police station as defi ned in the Code of
Criminal Procedure, 1898 ;
(30) “opium “ means—
(a) the capsules of the poppy (Papaver Somniforum L,) 3[whether in their
original form or cut or crushed or powdered and whether or not the juice has been
extracted there from ] ;
(b) the spontaneously coagulated juice of such capsules 4[ * * *
* * ] ; and
(c) any mixture with or without neutral materials of any of the above
forms of opium ;
but does not include any preparations containing not more than 0.2 per cent. of mor-
phine, or a manufactured drug as defi ned in section 2 of the Dangerous Drugs Act,
1930 ;
5[ * * * * * * ]
(32) “permit” means a permit granted under 6[the provisions of this Act] and
the expression “permit holder” shall be construed accordingly;
(33) “police station” means 7[ * * * * * * ] any place
declared to be a police station for the purposes of the Code of Criminal Procedure, 1898 ;
(34) “prescribed” means prescribed by the rules, orders or regulations under
this Act ;
(35) “Prohibition offi cer” includes the 8[Director], Collector or any offi cer or
person appointed to exercise any of the powers or to perform any of the duties and
functions under the provisions of tlis Act 9[ and also includes any offi cer or person
invested with any such powers and on whom any such functions or duties are imposed,
and any member of a committee, board or medical board ] ;
10[(36) “State” means the 11[State of Gujarat], including the space within the limits of
the territorial waters appertaining to it; ]
12[(37) “rectifi cation” includes every process whereby liquor is purifi ed or refi ned; ]
13[(38) “registered medical practitioner” means a person who is entitled to practise
any system of medicine in the State under any law for the time being in force relating to
medical practitioners, and includes registered dentists as defi ned in the Dentists Act,
1948 and a veterinary practitioner registered under the Bombay Veterinary Practitioner
Act, 1953 or under any law corresponding thereto in any part of the State;]
1. Sub-clause (a) was omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order,
1960.
2. The word “elsewhere” was omitted, ibid.
3. These words were added by Bom. 22 of 1960 s. 2(1).
4. The words “which has not been submitted to any manipulation other than those necessary for packing and
transport” were deleted by Guj. 9 of 1978, s. 2(2).
5. Clause (31) was deleted by Bom. 22 of 1960, s. 2 (m).
6. These words were substituted for the words and fi gures’”section 40, 41, 46 or 47” by Bom. 26 of 1952, s. 2 (4).
7. The words and fi gures “in the Greater Bombay a police section as provided under the provisions of the
Bombay Police Act, 1951 and elsewhere” were omitted by the Gujarat Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
8. This word was substituted for the word “Commissioner” by Bom. 28 of 1950, Sch.
9. These words were substituted for the words “and also includes any member of a committee or the
Medical Board” by Bom. 22 of 1960, s. 2 (n).
10. This clause was substituted by Bom. 12 of 1959, s. 6 (c).
11. These words were substituted for the words •’ State of Bombay” by the Gujarat Adpatation of Laws
(State and Concurrent Subjects) Order, 1960.
12. This clause was substituted by Bom. 22 of 1960, s. 2 (o)
13. This clause was substituted by Bom. 12 of 1959. s. 6 (d).
v of 1898.
II of 1930.
V of 1898.
XVI of
1948.
Bom
LXV III
of 1953.
H-2065—2
6 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(39) “regulations” means regulations made under this Act ;
1[(39A) “ rotten gur” means the article known as gur, gul, jaggery, palmyra jaggery
or rab and other intermediary product prepared by boiling or processing juice pressed out
of sugar cane or extracted from palmyra palm, date palm ,sago palm, barb palm or coconut
palm with or without admixture of molasse and which is in a liquid form or a semi-liquid
or viscous form and which has a dark brown or a black colour or which, inspite of being
in a solid liquid, semi-liquid or viscous form, is unfi t for human consumption owing to
its becoming fi lthy, putrid, disgusting or decomposed 2 [“and shall include on chemical
analysis, if it contains-
(i) total sugar (expressed as invert sugar) less than 90 per cent. and sucrose
less than 60 per cent., or
(ii) extraneous matter insoluble in water more than 2 per cent., or
(iii) total ash more than 6 per cent., or
(iv) ash insoluble in by hydrochloric acid (HCL) more than 0.5 per cent., or
(v) more than 10 per cent. of moisture, or
(vi) sulphur dioxide in concentration exceeding 70 parts per million ;]
(40) “rules” means rules made under this Act;
(41) “sell” with its grammatical variations includes—
(a) any transfer whether such transfer is for any consideration or not,
(b) any supply or distribution for mutual accommodation, and
(c) any supply by a club to its members on payment of price or of any fees or
subscription, but does not include selling of opium for export across the customs frontier
3[ * * * * ];
The word “buy” with its grammatical variations shall be construed accordingly ;
4[ * * * * * ]
(43) “spirit” means any liquor containing alcohol and obtained by distillation
(whether it is denatured or not) ;
(44) “sweet toddy or nira or neera” means unfermented juice drawn from a cocoa-
nut, brab, date or any kind of palm tree into receptacles treated in the prescribed manner so
as to prevent fermentation;
5[(45) “territorial waters” with referenee to the State, means any part of the open sea
within a distance of twelve nautical miles from the nearest point of the appropriate base line
or such other distance as may be fi xed by or under any law made by Parliament ; ]
(46) “toddy” means fermented or unfermented juice drawn from a cocoanut, brab,
date or any kind of palm tree and includes sweet toddy or nira or neera;
(47) “to tap” means to prepare any part of a tree, or to use any means, for the pur-
pose of causing juice to exude from the tree;
1. Clause (39A) was inserted by Gui. 9 of 1978, s. 2 (3).
2. This portion was added at the end by Guj. 27 of 2003, s. 2
3. The words “as defi ned by the Dominion Government” were deleted by Bom. 26 of 1952, s. 2(1).
4. Clause (42) was deleted by Bom. 22 of 1960, s. 2 (p).
5. This clause was substituted by Guj. 9 of 1978, s. 2 (4).
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 7
1[(47A) “tourist” means a person who is not a citizen of India and who is either born
or brought up or domiciled in any country outside India, but who visits India on a tour for
a temporary period ;
(47B) “tourist’s permit” means a permit granted under section 46-A;]
(48) “trade and import licence” means a licence granted under section 33;
(49) “transport” means to move from one place to another within the
2[ 3[(State)] ];
(50) “vendor’s licence” means a licence granted under section 34;
(51) “visitor’s permit” means a permit granted under section 46;
4[(52) any reference to the Code of Criminal Procedure, 1898, the Bombay Village
Panchayats Act, 1933, or the Bombay Police Act, 1951, includes a reference to any law
corresponding to those Acts respectively, in force in any part of the State.]
CHAPTER II.
ESTABLISHMENT.
3. The 5[state] Government may, by notifi cation in the Offi cial Gazette, appoint
an offi cer to be called the 6[Director of Prohibition and Excise ], who, subject to the control
of the 5[State] Government and subject to such general or special orders as the 5[State]
Government may from time to time make, shall exercise such powers and shall perform
such duties and such functions as are conferred upon, by or under the provisions of this Act
and shall superintend the administration and carry out generally the provisions of this Act :
7[ Provided that the person holding the offi ce of Director of Excise and Prohibition
immediately before the commencement of the Bombay Prohibition ( Extension and
Amendment) Act, 1959, shall be the Director of Prohibition and Excise for the State and
shall hold that offi ce until the State Government otherwise directs; and accordingly, any
reference by whatever form of words to ‘’the Director of Excise and Prohibition” in any
law for the time being in force, or in any instrument or document, shall be construed as a
reference to the Director of Prohibition and Excise, and all proceedings pending before
the Director of Excise and Pohibition shall be deemed to be transferred to the Director of
Prohibition and Excise for disposal according to law, and if in any legal proceeding pending
before any court, tribunal or authority, the Director of Excise and Prohibition is a party, the
Director of Prohibition and Excise shall be substituted as a party to those proceedings ].
4. (1) The Collectors shall, within the limits of their jurisdiction 8[**
* * * * ] exercise such powers and perform such
duties and functions as are provided by or under the provisions of this Act.
(2) For the purposes of this Act all Collectors 9[ * * * ] Shall be
subordinate to the 10[ Director ].
1. Clauses (47A) and (47B) were inserted by Bom. 20 of 1955, s. 2.
2. The words “Pre-Reorganisation State of Bombay excluding the transferred territories”. were subsitituted
for the word “State” by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.
3. This word was substituted for the words ‘Pre-Reorganisation State of Bombay excluding the transferred
territories” by Bom. 12 of 1959, s. 3.
4. This clause was added, ibid., s. 6(f).
5. This word was substituted for the word ‘Provincial by the Adaptation of Laws Order, 1950.
6. These words were substituted for the words “Director of Excise and Prohibition” by Bom. 12 of 1959, s.
7 (a).
7. This proviso was subsititued, ibid, s. 7 (b).
8. The words and fi gures “for which they are appointed as Collectors under the Bombay Land Revenue
Code, 1879” were deleted ibid., s. 8 (a).
9. The words “including the Colletor of Bombay” were omitted by the Gujarat Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
10. This word was substituted for the word “Commissioner” by Bom. 28 of 1950. sch.
V of 1898.
Bom. VI of
1933. Bom.
XXI of
1951.
6[ Director of
Prohibition
and Exise]
Collectors.
Bom. XII of
1959.
8 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(3) The 1[ State ] Government may, by notifi cation in the Offi cial Gazette, appoint
any person other than the Collector 2[ ***] to exercise in any district or place 3[ all or any of
the powers and perform all or any of the duties ] and functions as are assigned by or under
this Act to a Collector subject to such control, if any, in addition to that of the 4[ Director ]
and of the 1[ State ] Government, as the 1[ State ] Government may from time to time direct.
5. To aid the 4[ Director ] and the Collectors in carrying out the provisions of this
Act, the 1[ State] Government may appoint such subordinate offi cers with such designations
and assign to them such powers, duties and functions under this Act, rules or regulations
or orders made thereunder, as may be deemed necessary.
6. (1) The 1[ State ] Government may invest any offi cer of the Police depart-
ment or any offi cers of any other department, either personally or in right of his offi ce
with such powers, impose upon him such duties and direct him to perform such functions
under this Act, rules or regulations or orders made thereunder, as may be deemed necessary
and any such offi cers shall, thereupon, exercise the said powers, discharge the said duties
and perform the said functions in addition to the powers, duties and functions incidental to
his principal offi ce.
(2) The 1[State ] Government may also invest any person 5[****] with such powers,
impose on him such duties and direct him to perform such functions under this Act, rules,
or regulations or orders made thereunder, as may be deemed necessary. Such persons may
be given such designations as the 1[ State ] Government may deem fi t.
7[6A.8[(1)9[ For the purpose of enabling the State Government to determine ] whether —
(a) any medicinal or toilet preparation containing alcohol, or
(b) any antiseptic preparation or solution containing alcohol, or,
(c) any fl avouring extract, essence or syrup containing alcohol,
10[ is an article fi t for use as intoxicating liquor, the State Government shall constitute
a Board of Experts ] ].
(2) The Board of Experts constituted under sub-section (1) shall consist of such
members, not less than 11[ fi ve in number ], with such qualifi cations as may be prescribed.
The members so appointed shall hold offi ce during the pleasure of the State Government.
(3) 12[ Three members ] shall form a quorum for the disposal of the business of the
Board.
(4) Any vacancy of the member of the Board shall be fi lled in as early as practicable :
Provided that during any such vacancy the continuing members may act, as if no
vacancy had occurred.
(5) The procedure regarding the work of the Board shall be such as may be
prescribed.
1. This word was substitated for the word “Provincial” by the Adaptation of Laws Order, 1950.
2. This words “of land revenue” were deleted by Bom. 12 of 1959, s. 8 (b) (i).
3. These words were substituted for the words “all the powers and perform all the duties”, ibid., s. 8 (b) (ii).
4. This word was substituted for the word “Commissioner” by Bom. 28 of 1950. sch.
5. The words “working in an honorary capacity or otherwise” were deleted by Bom. 22 of 1960, s. 3 (a).
6. The words “Police and” shall be inserted, ibid., s.3(6).
7. Section 6A was inserted by Bom. 26 of 1952, s. 3.
8. Sub-section (1) was substituted for the original by Bom. 36 of 1954, s. 3 (i).
9. These woids were substituted for the words “For the purpose of determining” by Bom. 22 of I960, s.
4 (a).
10. These words were substituted for the words “is or is not an article unfi t for use as intoxicaiing liquor, the
State Government shall constitute a Board of Experts’”, ibid.
11. These words were substituted for the words, ‘’three in number”, ibid, s. 4(b).
12. These words were substituted for the words “Two members”., ibid, s. 4(c).
Subordinate
offi cers.
Investigating
offi cers of
6[Police and]
other depart-
ment with
power and
duties under
this Act.
Board of
Experts.
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 9
1[(6) It shall be the duty of the Board to advise the State Government on the ques-
tion whether any article mentioned in sub-section (1) is fi t for use as intoxicating liquor and
also on any matters incidental to the question, referred to it by the State Government. On
obtaining such advice, the State Government shall determine whether any such article is fi t
for use as intoxicating liquor and upon determination of the State Government that it is so
fi t, such article shall until the contrary is proved, be presumed to be fi t for use as intoxicating
liquor. ]
2[(7) Until the State Government has determined, as aforesaid any article mentioned
in sub-section (1) to be fi t for use as intoxicating liquor, every such article shall be deemed
to be unfi t for such use.]
7. (1) The 3[State] Government may appoint 4[other boards and committees]
to advise and assist offi cers in carrying out the provisions of this Act.
(2) Such 4[other boards and committees] shall perform such functions 5[as may
be prescribed.]
(3) The constitution of such 4[other boards and committees] and the procedure
regarding their work shall be as may be prescribed.
(4) The 3[State] Government may direct that the members of such 4[other boards and
committees] shall be paid such fees and allowances as may be preescribed.
8. (1) The 3[State] Government may constitute one or more medical boards 6[or
panels thereof] for such areas and consisting of such members as it may deem fi t.
(2) A medical board 7[or a panel thereof] so constituted shall perform such func-
tions 8[as are prescribed.]
(3) The procedure regarding the work of the medical board 9[or a panel thereof]
shall be as may be prescribed.
(4) The members of the medical board 9[or a panel thereof] shall be entitled to such
fees and allowances as may be prescribed.
9. In exercise of their powers and in discharge of their duties and functions under
the provisions of this Act or rules, regulations or orders made thereunder, all Prohibition
Offi cers and all offi cers including the offi cers of the Police and other departments shall,
subject to the general or special orders of the 3[State] Government be subordinate to and
under the control of the 10[Director] and shall be bound to follow such orders as the
9[Director] may, from time to time, make.
10. (1) The 3[State] Government may delegate any of the power exercisable by
it under this Act to the 9[Director] or such other offi cers as it deems fi t.
(2) Subject to the control and direction of the 3[State] Government the pow-
ers conferred on the 10[Director] or any other offi cer appointed or invested with pow-
ers under this Act may be delegated by him to any of his subordinates.
1. Sub-section (6) was substituted by Bom. 22 of 1960, s. 4 (d).
2. Sub-section (7) was added ibid. s. 4 (e).
3. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4. These words were substituted for the word “committees” by Bom. 22 of 1960, s. 5 (a).
5. These words were substituted for the words “as are provided by or under the provisions of this Act”, ibid.,
s. 5 (b).
6. These words were inserted, ibid s. 6 (a).
7. These words were inserted, ibid., s. 6 (b).
8. These words were substituted for the words “as are provided by or under this Act,” ibid
9. These words were inserted, ibid., s. 6 (c).
10. This word was substituted for the word “Commissioner” by Bom. 28 of 1950, Sch.
4[Other
Boards and
Committees]
Medical
boards
Control of
9[Direc-
tors] over
Prohibition
Offi cers and
other
Offi cers
Delegation.
H-2065—3
10 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
CHAPTER III.
PROHIBITIONS.
11. Notwithstanding anything contained in the following provisions of this Chapter,
it shall be lawful to import, export, transport, manufacture, 1[bottle,] sell, buy, possess, use
or consume any intoxicant or hemp 2[or to cultivate or collect hemp] or to tap any toddy
producing tree or permit such tree to be tapped or to draw toddy from such tree or permit
toddy to be drawn herefrom, in the manner and to the extent provided by the provisions
of the Act 3[or] any rule , regulations or orders made or in accordance with the terms and
conditions of a licence, permit, pass or authorization granted thereunder,
12. No person shall-
(a) manufacture liquor ;
(b) construct or work any distillery or brewery;
(c) import, export, transport or possess liquor; or
(d) sell or buy liquor.
13. No person shall—
(a) bottle any liquor for sale ;
(b) consume or use liquor ; or
(c) use, keep or have in his possession any materials, still, utensils, imple-
ments or apparatus whatsoever for the manufacture of any liquor.
14. No person shall—
(a) export, import, transport or possess any intoxicating drug;
(b) cultivate or collect the hemp 4 * * * *,
(c) use, keep, or have in his possession any materials, still, utensils, imple-
ments or apparatus whatsoever for the manufacture of any intoxicating drug ;
(d) sell or buy any intoxicating drug ;
(e) consume or use any intoxicating drug ; or
(f) manufacture any intoxicating drug.
15. No person shall—
(a) import, export, transport or possess sweet toddy or nira ;
(b) bottle sweet toddy or nira for sale ; or
(c) sell or buy sweet toddy or nira.
16. No person shall—
(a) tap any toddy producing tree or permit to be tapped any toddy producing
tree belonging to him or in his possession ; or
(b) draw toddy from any tree or permit toddy to be drawn from any tree
belonging to him or in his possession.
17. No person shall—
(a) possess opium ;
(b) transport opium ;
(c) import or export opium,
(d) Sell or buy opium ; or
(e) consume or use opium.
1. This word was inserted by Born. 22 of 1960, s. 7.
2. These words were inserted by Bom. 26 of 1952, s. 4 (1).
3. This word was inserted, ibid. s,. 4(2).
4. The words “or extract any portion of such plant from which intoxicating drug can be manufactured” were
deleted by Bom. 22 of 1960, s. 8.
Manufac-
ture, etc. of
intoxicant to
be permitted
in accord-
ance with
provisions
of Act, rules,
etc.
Prohibition
of manu-
facture of
liquor and
construction
and working
of distillery
or brewery.
Prohibition
of sale, etc.,
of liquor.
Prohibition
of export,
import,
transport,
sale, manu-
facture, etc.,
of intoxicat-
ing drugs.
Prohibition
of import,
export,
transport,
sale, etc., of
sweet toddy.
Prohibition
of tapping of
toddy pro-
ducing trees
and drawing
of toddy.
Prohibition
of posses-
sion, etc., of
opium
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 11
18. 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 intoixcant 1[ to any person who is a minor,] whether for consumption by
such person or by other person and whether for consumption on or off the premises of
such licensed vendor.
19. [Prohibition of sale of toddy]. Deleted by Bom. 22 of 1960 S.10.
20. No person shall—
(a) produce, (f) transport,
(b) manufacture, (g) buy,
(c) possess, (h) sell,
(d) export, (i) consume, or
(e) import, (j) use,
charas.
21. No person shall—
(a) alter or attempt to alter any denatured spirit by dilution with water or by any
method whatsoever, with the intention that such spirit may be used for human consumption,
whether as a beverage or internally as a medicine in any other way whatsoever, or
(b) have in his possession any denatured spirit in respect of which he knows or has
reason to believe that such alteration or attempt has been made.
3[21A. No person shall—
(a) alter or attempt to alter any denatured spirituous preparation by dilution with
water or by any method whatsoever, with the intention that such preparation may be used
for human consumption as an intoxicating liquor ; or
(b) have in his possession any denatured spirituous preparation in respect of which
he knows or has reason to believe that such alteration or attempt has been made.]
22. No person shall—
(a) open or keep or use any place as a common drinking house ; or
(b) have the care, management or control of, or in any manner assist in
conducting the business of, any place opened, or kept or used as a common drinking
house.
4[22A. (1) No person other than registered medical practitioner, shall issue any prescription
for any intoxicating liquor.
(2) No registered medical practitioner shall prescribe such intoxicating liquor,
unless he believes in good faith aft er careful medical examination of the person for whose
use such prescription is sought, that the use of such intoxicating liquor by such person is
necessary, and will aff ord relief to him from some known ailment.
(3) A registered medical practitioner shall state, in every prescription for intoxicating
liquor issued by him, the name and address of the person to whom issued, the date of issue,
directions for use, and the amount and frequency of the dose, and shall preserve a copy of
the prescription for one year from the date of issue. On the copy so preserved he shall state
the purpose or ailment for which the intoxicating liquor is prescribed. ]
1. Th ese words were substituted for the words “to any person apparently under the age of twenty-one years” by
Bom. 22 of 1960, s. 9 (a).
2. Th is word was substituted for the word “children”, ibid., s. 9 (b).
3. Section 21A was inserted by Bom. 36 of 1954, s. 4.
4. Section 22A was inserted by Bom. 22 of 1960, s. 11.
Prohibition
of sale to
2[minors.]
Prohibition
of produc-
tion, etc., of
charas.
Alteration
of denatured
spirit
Alteration of
denatured
spirituous
preparation.
Prohibition
of allowing
any premises
to be used
as common
drinking
house.
Prohibition
of issuing
prescrip-
tions for
intoxicating
liquor except
by registered
medical
practition-
ers.
12 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
23. No person shall—
(a) 1* solicit the use of, 2[or] offer, any intoxicant or hemp ; or
3* * * * *
(c) do any act which is calculated to incite or encourage any member of the public
or a class of individuals or the public generally to commit any offence under this Act or
to commit a breach of any rule, regulation or order made thereunder or the conditions of
any licence, permit, pass or authorization granted thereunder.
24. (1) No person shall print or publish in any newspaper, news-sheet, book,
leafl et, booklet or any other single or periodical publication or otherwise display or distrib-
ute any advertisement or other matter, —
(a) which 5[*] solicits the use of or offers any intoxicant or hemp;
(b) which is calculated to encourage or incite any individual or class of indi-
viduals or the public generally to commit an offence under this Act, or to commit a
breach of or to evade the provisions of any rule, regulation or order made thereunder
or the conditions of any licence, permit, pass or authorization granted thereunder.
(2) Save as otherwise provided in sub-section (3), nothing in this section
shall apply to —
(a) catalogues or price lists which may be generally or specially approved
by the 6[Director] in this behalf;
(b) any advertisement or other matter contained in any newspaper, news-
sheet, book, leafl et, booklet or other publication printed and published outside the
7[State] ;
(c) any advertisement or other matter contained in any newspaper printed,
and published in the 7[State] before such date as the 8[State] Government may,
by notifi cation in the Offi cial Gazette, specify; and
(d) any other advertisement or matter which the 8[State] Government may,
by notifi cation in the Offi cial Gazette, generally or specially exempt from the opera-
tion of this section.
(3) Notwithstanding anything contained in sub-section (2), the 8[State]
Government may, by notifi cation in the Offi cial Gazette, prohibit within the 7[State]
the circulation, distribution or sale of any newspaper, news-sheet, book, leafl et, book-
let or other publication printed and published outside the 7[State] which contains
any advertisement or mattes,—
(a) which 5[*] solicits the use of or offers any intoxicant or hemp ; or
(b) which is calculated to encourage or incite any individual or class of indi-
viduals or the public generally to commit any off ence under this Act to commit a
breach of or to evade the provisions of any rule, regulation or order made thereunder,
or the conditions of any licence, permit, pass or authorization granted thereunder.
1. The word “commends” was deleted by Bom. 26 of 1952, s. 5 (1) (a).
2. This word was inserted, ibid., s. 5 (1) (b).
3. Clause (b) was deleted, ibid., s. 5 (2).
4. This marginal note was substituted for the original, ibid., s, 5 (3).
5. The word “commends” was deleted, ibid., s. 6.
6. This word was substituted for the word “Commissioner” by Bom. 28 of 1950, sch.
7. This word was substituted for the words “pre Reorganisation State of Bombay, excluding the transferred
territories,” by Bom. 12 of 1959, s. 3.
8. This word was substituted for the word “ Provincial” by the Adaptation of Laws Order, 1950.
4[Prohibition
of soliciting
use
of intoxicant
or hemp
or doing
any act
calculated to
incite or
encourage
member of
public to
commit of-
fence.]
Prohibition
of publica-
tion of ad-
vertisements
relating to
intoxicant,
etc.
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 13
1[24-1A. No person, shall for the purpose of producing a state of intoxication, con-
sume any medicinal preparation containing alcohol in any quantity exceeding the normal
dose.
Explanation.—Th e expression “normal dose” in relation to any medicinal prepara-
tion, means the quantity prescribed by a registered medical practitioner to be taken at a
time and in a case where no such prescription has been obtained, the quantity indicated to
be taken at a time in the directions given by the manufacturer of the medicinal preparation.
24-1B. No person who has consumed any intoxicant (other than opium) or hemp
in any place outside the State shall enter any territory of the State while he is in an intoxi-
cated condition or under the infl uence of such intoxicant or hemp.]
2[24A. Nothing in this Chapter shall be deemed to apply to —
(1) any toilet preparation containing alcohol which is unfi t for use as in toxicat-
ing liquor;
(2) any medicinal preparation containing alcohol which is unfi t for use as intoxi-
cating liquor;
3[(3) any antiseptic preparation or solution containing alcohol which is unfi t for use
as intoxicating liquor;
(4) any fl avouring extract, essence or syrup containing alcohol which is unfi t for
use as intoxicating liquor]:
Provided that 4[such article] corresponds with the description and limitations men-
tioned in section 59A:
Provided further that the purchase, possession or use of any liquor or alcohol for the
manufacture of auy 4[ such article] shall not be made or had except under a licence granted
under section 31A.]
6[Explanation.—Nothing in this section shall be construed to mean that any person
may drink any toilet preparation, or antiseptic preparation, or solution, containing alcohol;
and it is hereby provided that no person shall drink any such preparation.]
CHAPTER IV.
CONTROL, REGULATION AND EXEMPTIONS.
25. Th e 7[State] Government may, by notifi cation in the Offi cial Gazette, direct that
any preparation containing alcohol not exceeding a specifi ed percentage by volume shall be
exempt from any of the provisions of this Act or rules, regulations or orders made thereun-
der.
26. The 8[ State Government] may-
(a) establish a distillery in which spirit may be manufactured in accordance
with a licence issued under this Act on such conditions as the 7[ State] Government deems
fi t to impose;
(b) discontinue any distillery established :
1. Sections 24-IA and 24-1 B were inserted by Guj. 9 of 1978, s. 3.
2. Section 24A was inserted by Bom. 26 of 1952, s. 7.
3. Clauses (3) and (4) were inserted, by Bom. 36 of 1954, s. 5 (i).
4. Th ese words were substituted for the words “such preparation”, ibid, s. 5 (ii).
5. Th ese words were substituted for the words “certain toilet and medisnal preparatiorns, ibid., s. 5 (iii).
6. Th is Explanation was added by Bom. 22 of 1960, s. 12.
7. Th is word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
8. These words were substituted for the word “Director” by Bom. 22 of 1960, s. 13(2).
Prohibition
of consump-
tion of
medicinal
preparation
containing
alcohol in
excess of
normal dose.
Prohibition
of entry
in State in
intoxicated
condition.
Th is chapter
not to ap-
ply to
5[certain
articles.]
Exemption
of prepar-
tions.
Distilleries
and ware-
houses for
intoxicants.
H-2065—4
14 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(c) license, on such conditions as the 1[ State] Government deems fi t to
impose the construction and working of a distillery or brewery;
(d) establish or licence a warehouse wherin any 2[intoxicant], hemp, mhow-
ra fl owers or molasses may be deposited and kept without payment of duty; and
(e) discontinue any warehouse so established.
27. No 2[ intoxicant], hemp, mhowra fl owers or molasses shall be removed from
any distillery, warehouse or other place of storage established or licensed under this Act,
except under a pass and unless the duty, if any, imposed under the provisions of this Act,
has been paid or a bond has been executed for the payment thereof.
28. (1) The 1[State] Government may, by general or special order, authorize a
Collector or any other offi cer to grant passes for the import, export or transport of any
2[intoxicant] or hemp.
(2) Such passes may be either general for defi nite periods of time and defi -
nite kinds of 2[intoxicant] or hemp or special for specifi ed occasions and particular
consignments only.
(3) Every such pass shall specify—
(a) the name of the person authorised to import, export or transport 2[intoxi
cant] or hemp;
(b) the period for which the pass is to be in force ;
(c) the quantity and description of 2[intoxicant] or hemp for which it is
granted ; and
(d) the places from and to which 2[intoxicant] or hemp are to be imported,
exported or transported and in the case of places more than 4[sixteen kilometres]
apart, the route by which they are to be conveyed.
5[29. The through transport—
(a) of any consignment of any intoxicant, hemp, denatured spirituous prepa-
ration, 6[mhowra fl owers, molasses rotten gur or ammonium chloride] by a railway,
administration or by any steamer, ferry, road transport or air service, or
(b) of any intoxicant, hemp, denatured spiritupus prepartion, 6[mhowra
fl owers, Molasses, rotten gur or ammonium chloride,] otherwise than by way of con-
signment,
shall be subject to such conditions as may be prescribed.]
30. [ Licence for possession of denatured or rectifi ed spirit and alcohol for indus-
trial or medical purpose. ] Deleted by Bom. 22 of 1960, section 15.
1. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2. This word was substituted for the words “liquor, intoxicating drug” by Bom. 22 of 1960, s. 13(1).
3. This word was substituted for the words “Intoxicating drug”, ibid., s. 13(3).
4. These words were substituted for the words “ten miles” by Guj. 9 of 1978, s. 4.
5. This section was substituted by Bom. 22 of 1960, s. 14.
6. These words were substituted for the words “mhowra fl owers or morasses” by Guj., 27 of 2003, s. 3.
3[intoxicant]
or hemp not
to be re-
moved from
warehouse,
etc.
Passes for
import, etc.
Through
transport.
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 15
1[31. The State Government may by rules, or by an order in writing, authorise an
offi cer to grant licences to any person, or institution, whether under the management of
Government or not, for the manufacture, sale, purchase, possession, consumption, or
use of any intoxicant or hemp or any article containing an intoxicant or hemp for a bon-
afi de medicinal, scientifi c, industrial or eductional purpose :
Provided that, where any intoxicant or hemp, or article containing such intoxicant or
hemp, has been obtained by any person for a bona fi de medicinal purpose, from any person
or institution licensed to sell the same under this section, it shall not be necessary for such
person to obtain a licence for the possession, purchase, consumption or use thereof :
Provided further that, no licence shall be necessary for the possession of denatured
spirit to the extent of such quantity as may be prescribed.]
2[31A. The State Government may, by rules or an order in writing, authorize an
offi cer to grant licences for the purchase, possession, or use of any liquor or alcohol for
the manufacture of 3[any articles mentioned in section 24A] on such conditions as may be
prescribed.]
32. The 5[State] Government may authorize an offi cer by rules or an order
in writing to grant licences for 6[the tapping of, 7[and drawing juice from], any palm
trees for the purpose of sale or consumption as neera or] 8[ * * *] manufacture
of gur or any other article which is not an intoxicant 9[and on a licence being granted,
the person to whom the trees belong, or who is in possession of such trees, may permit
them to be tapped or permit toddy to be drawn therefrom.]
33. The 5[State] Government may, by rules or an order in writing, authorise an
offi cer to grant trade and import licences to persons intending to import and to sell
by wholesale any 11[foreign liquor.]
34. (1) The 5[ State] Government may, by rules or an order in writing, authorize
an offi cer to grant a vendor’s licence 12[for the sale of foreign liquor],
(2) A vendor’s licence shall be granted on the following conditions :—
(i) the stock of foreign liquor with the licensee (except what is permitted for
the disposal in the shop) shall be kept by him at 13[godown] approved by Govern-
ment;
14 [* * * * * * * *]
(iii) the licensee shall pay all rent, costs, charges and expenses incidental to
warehousing and supervision;
15[(iv) The licensee may sell any part of the stock of foreign liquor to foreign
liquor licensees or to chemists, canteens, messes and clubs, holding licences in the
State, or to any persons outside the State, subject to such conditions as the Director
may impose.;
1. This section was substitutued by Bom. 22 of 1960, S. 16.
2. Sectioa 31A was inserted by Bom. 26 of 1952, s. 9.
3. These words were substituted for ths words, fi gure and letter “any preparation to which section 24A applies”
by Bom. 35 of 1954, s. 6 (i).
4. These words were substituted for the words “preparations referred to”, ibid., s. 6 (ii).
5. This words was substituted for the word ‘’ Provincial” by the Adaptation of Laws Order, 1950.
6. These words were substituted for the words “the tapping of palmyra or date plam trees for juice intended to
bo used “by Bom. 26 of 1952, s. 10(1).
7. These words were substituted for the words “or drawing juice from’’ by Bom. 22 of 1960., s. 17(a).
8. The words “for the” were deleted ibid., s. 17 (b).
9. This portion was added, ibid., i. 17(c).
10. This word was substituted for the word :’toddy” by Bom. 26 of 1952, S. 10(2).
11. These words were substituted for the words “liquor, intoxicating drug or hemp” by Born. 22 of 1960, s. 18.
12. These words were added, ibid., s. 19(a).
13. This word was substituted for the word “warehouse”, ibid., s. 19(b)(i).
14. Clause (ii) was deleted, ibid., s. 19(b) (ii).
15. These clauses were substituted, ibid., s. 19(b) (iiiv).
Licences for
bona fi de
medicinal
or other
purpose.
Licences, for
purchase,
etc., of
liquor for
manufacture
of 4[articals]
mentioned
in section
24-A.
Licences for
tapping for
10[neera]
Trade and
import
licences.
vendor’s
licence.
16 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(v) The licensee shall be permitted to sell foreign liquor only to holders of
permits or authorizations];
(vi) The licensee shall be entitled to keep in his shop such quantity of liquor
as may be required by him from time to time for retail sale;
(vii) The licensee shall keep accounts and shall dispose of 1[foreign liquor]
according to such instructions as may be given by the 2[Director] or any offi cer au-
thorized in this behalf by the 2[Director].
35. (1) The 3[State] Government may, by rules or an order in writing, authorize an
offi cer to grant licences to the managers of hotels to sell foreign liquor to the holders of
permits granted under this Act:
Provided that the 3[State] Government is satisfi ed that such hotel has ordinarily a
suffi cient number of boarders eligible to hold permits.
(2) Such licences shall be issued on the following conditions :—
(i) liquor shall be sold 4[ * * *] to the permit
holders 5[residing or boarding] at the hotel,
(ii) consumption of liquor sold shall not be allowed in any of the rooms of
the hotel to which any member of the public has access,
(iii) The holders of hotel licences shall pay the expenses of any offi cer of
the excise establishment, if any, required for the grant and control of permits on the
premises 6[or for the supervision over the issue and consumption of foreign liquor in
the hotel.]
36. [Special import licences to hotels.] Deleted by Bom. 22 of 1960: s. 21.
37. [Dining car licences.] Deleted by Bom 22 of 1960, s. 21.
38. The 3[State] Government may, by rules or an order in writing, authorise
an offi cer to grant licences to any shipping company for each ship 7[or to the Master of any
ship] to sell foreign liquor 8[and to permit the use or consumption of foreign liquor on such
ship on such conditions as may be prescribed.]
39. The 3[State] Government may, on such conditions as may be specifi ed 10[by
a general of special order, permit —
(i) the sale of foreign liquor to,
(ii) the purchase, use or consumption of such liquor by, —
(a) the members of the armed forces in messes and canteens 13[of the armed
forces], and
(b) the crew of warships or troopships and the members of the armed
forces thereon.]
1. These words were substituted for the words “the goods by Bom. 22 of 1960, S. 19(b) (iv).
2. This word was substituted for the word “Commissioner” by Bom. 28 of 1950, Sch.
3. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4. The words “in sealed bottles” were deleted by Bom. 26 of 1952, s. 12(1).
5. These words were substituted for the word “residing”, ibid., s. 12(2).
6. This portion was added by Bom. 22 of 1960, s. 20.
7. These words were inserted by Bom. 26 of 1952, s. 14(1).
8. These words were substituted for the words “on condition that such liquor shall be sold only to bona fi de
passengers on such ship”, ibid,s. 14(2).
9. These words were added, ibid., s.14(3).
10. This portion was substituted for the words beginning with the words “in the notifi cation” and ending with the
word “canteens”, ibid., s. 15 (1).
11. The words “cargo boats” were deleted, ibid, s. 15 (2).
12. These words were substituted for the words “military and naval messes and canteens” ibid., s. 15 (2) (6).
13. These words were inserted by Bom. 22 of 1960, s (22)
Hotel licences.
Licences
to shipping
companies
9[and to
Masters of
ships].
Permission
to use or
consume
foreign
liquor
on 111**]
warships
troopships
and in
12[messes
and canteen
of armed
forces].
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 17
. (22)
40. (1) The 1[State] Government may, by rules or an order in writing, authorize
an offi cer to grant 2[a temporary resident’s permit] for the use or consumption of
foreign liquor to person on the following conditions. —
(a) that such person is not a minor ;
3[* * ‘ * * * * *]
(c) (i) that such person was either born and brought up or
domiciled in any country outside India where such liquor is being generally used or
consumed ; or
(ii) that such person is on the Register of Foreigners under the Registration of
Foreigners Act, 1939, and is not domiciled in 4[India:
Provided that., in the case of any person falling under sub-clause (i) or (ii)-
(a1) such person has been residing and intends to reside in India
temporarily and that such person has a fi xed and settled purpose of making his sole
and permanent home in any country outside India.; and
(b1) that such person has been ordinarily using or consuming such liquor.
5[* * * * * *]
(3) Such permits shall be granted for such quantities as may be prescribed.
6[(4) If any question arises whether the conditions imposed by clause (a) or (c)
of sub-section (1) are satisfi ed or not in any case, the State Government shall decide
the question and its decision shall be fi nal.]
7[* * * * * *]
8[40A. (1) The State Government may by rules or orders in writing authorize an
offi cer to grant a health permit for the use or consumption of foreign liquor to any person
who requires such liquor for the preservation or maintenance of his health :
Provided that no such permit shall be granted to a minor.
(2) Such permit shall be granted for such quantity and shall be subject to
such further conditions as may be prescribed.
40B. (1) The State Government may rules or orders in writing authorize an of-
fi cer to grant emergency permits for the use or consumption of brandy, rum or champagne
or any other kind of liquor to any person for his own use or consumption or to any head of
a household for the use of his household for medicinal use on emergent occasions :
1. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2. These words were substituted for the word “permit” by Gui. 9 of 1978 s 5(a) -
3. Clause (b) was deleted by Bom. 26 of 1952, s. 16(1).
4. This words was substituted for the words “the dominion of India “by the adoptation of laws order, 1950.
5. Sub-section (2) was deleted by Bom. 22 of I960, s. 23.
6. Sub-section (4) was added by Bom. 26 of 1952, s. 16(2).
7. The explanation was deleted, ibid, s. 16 (3).
8. Section 40 A and 40 B were inserted, ibid., S. 17.
9. This marginal note was substituted for the orginal by Guj. 9 of 1978, s. 5(b).
9[Temporary
resident’s
permits.]
XVI of
1939,
Health
permit.
Emergency
permits.
H-2065—5
18 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
Provided that the person to whom a permit is granted under this section may
1[ subject to such conditions as may be prescribed ] allow the use or consumption of liquor
in respect of which the permit has been granted to any other person who requires the use
thereof for medicinal purpose on emergent occasions :
Provided further that no permit shall be granted to more than one member of a house-
hold at any one time.
2[* * * * * *]
(3) Such permits shall be granted for such quantities and shall be subject to such
further conditions as may be perscribed.
2[* * * * * *]
41. The 3[State] Government may grant special permits for the use of consump-
tion of foreign liquor 4[ to any person who is—
(a) a Sovereign or Head of a foreign State ;
(b) an Ambassador, Diplomatic Envoy or Consul, Honorary Consul or
Trade, Commerce or other representative of a foreign State ;
(c) a member of the staff appointed by or serving under any person, speci-
fi ed in clause (a) or (b) : Provided that such member is a national of a foreign State
; 5[*]
6[(c1) a member of a foreign Government;
(c2) a representative or offi cer of any international organization to which
privileges and immunities are given from time to time by or under the United Na-
tions (Privileges and Immunities) Act, 1947 ; and ]
(d) The Consort of any person specifi ed in clause (a), (b), 7[(c), (c1) or (c2)]
or any relation of such person dependent upon him .]
42. [ Permits to be non-transferable. ] Deleted by Bom.22 of 1960, s. 26.
8[43. (1) No holder of a permit granted under any of the provisions of this Act other
than section 40B shall drink in a public place or in the rooms of a hotel or institution
to which the public may have access.
(2) No holder of a permit granted under section 40A shall allow the use
or consumption of any part of the quantity held by him to any other person.
1. These words were inserted by Bom. 22 of 1960, s. 24 (a).
2. Sub-section (2) and the Explanation were deleted, ibid, s 24 (b).
3. This word was substituted for the word “ Provincial” by the Adaptation of Laws Order, 1950.
4. This portion was substituted for the words begining with the words “to sovereigns” and ending with the
words “envoy or consul” by Bom. 26 of 1952, s. 18.
5. The word “and” was deleted by Bom. 22 of 1960, s. 25 (a).
6. Clauses (cl) and (c2) were inserted, ibid, s. 25 (b).
7. These brackets, letters, fi gures and word were substitiuted for the word, brackets and letter “or (c)”, ibid.,
s. 25 (c).
8. Section 43 was substituted for the original by Bom. 26 of 1952, s. 20.
Special
permits
to foreign
sovereigns,
etc.
XLVI
of
1947
Regulation
of use or
consumption
of foreign
liquor by
certain per-
mit holders.
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 19
1 [(3) A persons holding a permit under section 40, 41, 46, 46A or 47 may al-
low the use or consumption of any part of the quantity of foreign liquor possessed
by him under the permit, to any other person who holds a permit under any of those
sections.
(4) No holder of a permit under section 40, 41, 46, 46A or 47 shall serve any
liquor at any ceremonial or other function or any assembly of persons where persons
(not being members of his family or his employees) who do not hold any of the per-
mits aforesaid, are present.]
44. (1) The 2[State] Government may, by rules or an order in wirting 3[grant or
authorize an offi cer to grant] licences to a club approved by the 2[State] Government in this
behalf to sell foreign liquor 4[ to its members holding permits],
(2) Such licences shall be granted on the following conditions :—
5[* * * * * *]
(b) That no liquor shall be served to the holder of any permit in any room of
the club to which the public have access at the time when any person who does not
hold such permit is present;
(c) that the club when authorized 6[in writing ] by any member who is the
holder of a permit may stock the permitted quantity of liquor on account of such
member, 6*
5[* * * * *]
7[* * * * *]
45. (1) The 2[State] Government may, by rules or an order in writing, authorize
an offi cer to grant any authorization to any person for the use of liquor for sacramental
purposes:
Provided that the offi cer so authorized is satisfi ed that the use of such liquor is
required in accordance with the religious tenets of the community to which such person
belongs.
8[(2) An authorization under this section shall be granted on the recommenda-
tion of such members of the community to which the person applying for the authori-
zation belongs, as may be approved by the State Government in that behalf.]
9[* * * * *]
(4) If any dispute arises whether the use of liquor is required by any person
for sacramental purpose, the person requiring such use may apply to the 11[Direc-
tor].
The 10[ Director] after holding a summary inquiry 11[ * * * ] shall decide
whether or not the liquor is required by the person for sacramental purposes.
(5) The decision of the 10[Director] under sub-section (4) shall be fi nal.
1. Sub-sections (3) and (4) were substituted for the original sub-section (3) by Bom. 22 of 1960, s. 27.
2. This word was substituted for the word “ Provincial” by the Adaptation of Laws Order, 1950.
3. These words were substituted for the words “authorize or grant” by Bom. 26 of 1952, s. 21.
4. These words were added by Bom. 22 of 1960, s. 28 (a).
5. Clauses (a) and (d) were deleted, ibid,s. 28 (b) (i).
6. These words were inserted and the word “and” at the end was deleted, ibid s. 28 (b) (ii).
7. The Explanation was deleted, ibid, s. 28 (b) (iii).
8. This sub-section was substituted by Bom. 22 of 1960, s. 29 (a).
9. Sub-section (3) was deleted, ibid, s. 29 (b).
10. This word was substituted for the word “Commissioner”, by Bom. 28 of 1950 Sch.
11. The words “in the prescribed manner” were deleted by Bom. 22 of 1960, s. 29 (c).
Licence to
clubs.
Authoriza-
tion for
sacramental
purposes.
20 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
1[46. (1) The State Government may by rules, or an order in writing, authorise an
offi cer to grant visitor’s permit for the purchase, possession, use or consumption of foreign
liquor to a person who—
(a) (i) is a citizen of a foreign country, or a citizen of India and resides in
any part of India, where consumption of alcoholic liquor is not generally prohibited
by law ; or
(ii) is a citizen of a foreign country or is a citizen of India and resides in
any part of India, where consumption of liquor is prohibited by law, but has
been consuming such liquor under a permit or other authorization ; and
(b) visits the State for a period of not more than a week.
(2) Such permit shall be granted ordinarily for a period not exceeding one
week at any one time ; but may be extended from time to time for further periods not
exceeding one week at a time, so however that the total period shall not exceed in the
aggregate one month.]
2[46A. (1) The State Government may, by rules or an order in writing authorize an
offi cer to grant 3[a tourist’s permit] to consume, use and buy foreign liquor to a person who
is a tourist.
(2) A tourist’s permit may be granted for the period of the tourist’s intended
stay in the 4[State], but shall in no case be granted for a period exceeding one month.
(3) Such permits shall be available at such places as may be 5[fi xed] by the
Directors in this behalf.
47. (1) Notwithstanding anything contained in sections 7[40, 40A and 41], the
8[State ] Government may, by rules or an order in writing, 9[authorize an offi cer to] grant
interim permits to persons applying for permits under any of the said provisions.
(2) Such interim permists shall not be granted for any period exceeding two
months.
48. (1) The 8[State] Government may, by rules or an order in writing, au-
thorize an offi cer to grant [permits] for the 11[consumption or use] of 12[ intoxicating drugs]
13[or opium] in such quantities as may be perscribed.
1. Section 46 was substituted by Bom. 22 of 1960, s. 30.
2. Section 46A was iuseted by Bom. 20 of 1955, s. 4.
3. These words were substituted for the words ‘’tourists permits” by Bom. 22 of 1960 s. 31 (a).
4. This word was substituted for the words “ Pre-Reorganisation State of Bombay, excluding the transferred
territories” by Bom. 12 of 1959, s. 3.
5. This word was substituted for the word “notifi ed” by Bom. 22 of 1960, s. 31 (b).
6. This marginal note was substituted for the marginal note ‘‘tourists permit” by Bom. 22 of 1960, s. 31 (c).
7. These fi gures, letter and word were substituted for the fi gures and word “40 and 41” by Bom. 26 of 1952, s.
22 (1).
8. This word was substituted for the word “ Provincial” by the Adaptation of Laws Order, 1950.
9. These words were inserted by Bom. 26 of 1952, s. 22 (2).
10. This word was substituted for the word “licences” by Bom. 22 of 1960, s. 32 (a).
11. These words were substituted for the word “sale” by Bom. 26 of 1952, s. 23 (1) (i).
12. These words were substituted for the words “hemp drugs”, ibid., s. 23(1) (ii).
13. These words were inserted by Bom. 22 of 1960, s. 32 (b).
14. This marginal note was substituted for the original by Bom. 26 of 1952, s. 23 (2).
15. This word was substituted for the word “Licence” by Bom. 22 of 1960, s. 32 (c).
16. These words were inserted, ibid.
Visitor’s
permit.
6[Tourist’s
permit.]
Interim,
permits.
14[15[Per-
mits] for
consumption
or use of
intoxicating
drugs]
16[or opium.]
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 21
(2) Such 1[permits] shall be granted on the certifi cate of the Medical Board.
2[48A. Permits granted under section 40, 40A, 40B , 41, 46, 46A. 47 or 48 shall be
non-transferable.]
49. [ Power to make rules or pass orders for possesion, etc., of opium ]
Deleted by Bom. 22 of 1960, s. 34.
50. [Warehousing of opium.] Deleted by Bom. 22 of I960, s. 34.
51. [Rules for sale, etc., of warehoused intoxicant of hemp] Deleted by Bom. 22
of 1960. s. 34.
52. Notwithstanding anything in this Act, it shall be lawful for any offi cer author-
ized by the 3[State] Government in this behalf to grant any licences, passes or permits
for import, export, transport, possession, sale, buying, cultivation, collection, manufacture,
4[ bottling,] consumption and use of any intoxicant, hemp or mhowra fl owers or molases
or for the tapping of any toddy producing tree or the drawing of toddy from such tree in
cases other than those specifi cally provided under any of the provisions of this Act.
53. All licences, permits, passes, or authorizations granted under this Act shall be
in such form and shall, in addition to or in variation or subsititution of any of the condi-
tions provided by this Act, be subject to such conditions as may be prescribed and shall be
granted on payment of the prescribed fee :
Provided that every licence, permit, pass or authorization shall be granted only on the
condition that the 5[person applying] undertakes, and in the opinion of the offi cer authorized
to grant the licence, permit, pass or authorisation is likely to abide by all the conditions of
the licence, permit, pass or authorization and the provisions of this Act. 6[* * * *]
7[53A. Every person who manufactures or sells an intoxicant or hemp under a
licence granted under this Act, shall be bound—
(a) to equip himself with and keep such measures and weights and such instru-
ments for testing the strength or quality of the intoxicant or hemp as the Collector may
pescribe, and to keep the same in good condition, and
(b) on a requisition of and Prohibition Offi cer duly empowered in this behalf, at
any time to measure, weigh or test any intoxicant or hemp in his possession or to have it
measured, weighed or tested in such manner as the Prohibition Offi cer may require.]
54. (1) 8[The authority granting any licence, permit, pass or authorization under
this Act may for reasons to be recorded in writing cancel or suspend it-]
(a) if any fee or duty payble by the holder thereof is not duly paid ;
(b) if the purpose for which the licence, permit, pass or authorization was granted
ceases to exist ;
1. This word was substituted for the word “ Licences” by Bom. 22 of 1960, S. 32 (a)
2. Section 48A was inserted, by Bom. 22 of 1960, s. 33.
3. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4. This word was inserted by Bom. 22 of 1960, s. 35.
5. These words were substituted for the words “holder thereof” ibid., s. 36.
6. The words beginning with the words “and not to do anything” and ending with the words “object and pur-
poses of this Act” were deleted by Bom. 26 of 1952, s. 24.
7. This section was inserted by Bom. 22 of 1960, s. 37.
8. These words were substituted for the portion beginning with the words “The Director or any offi cer author-
ised in this behalf” and ending with the words “granted under this Act”, ibid., s. 38 (a) (i).
Permit to be
non- trans-
ferable.
Power of
authorised
offi cers to
grant licenc-
es, permits
and passes
in certain
cases.
General
conditions
regarding
licences, etc.
Certain
licencees
required to
keep meas-
ures, etc.
Power to
cancel or
suspend
licences and
permits.
H-2065—6
22 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(c) in the event of any breach by the holder of such licence, permit, pass
or authorization or by his servant or by any one acting with his express or
implied permission on his behalf of any of the terms or any conditions of such
licence, permit, pass or authorization or of any licence, permit, pass or authorization
previously held by the holder ;
(d) if the holder thereof or any person in the employ of such holder or any
person acting with his express or implied permission on his behalf is convicted of
any offence under this Act or if the holder of the licence, permit, pass or authoriza-
tion is convicted of any congnizable and non-bailable offence or 1[of any offence
under the Dangerous Drugs Act, 1930 2[or under the Drugs and Cosmetics Act, 1940
or under the Bombay Drugs (Control) Act, 1959] or under the Indian Mercandise
Marks Act, 1889, or any offence punishable under sections 482 to 489 (both inclu-
sive) of the Indian Penal Code, 3[or of any offence punishable under section 112 of
the Customs Act, 1962 for an act specifi ed in clause (d) of section 111 of the said Act,
including the abetment of the doing, or the omission, of such act ;]
4[(e) if the licence, permit, pass or authorization has been obtained through wil-
ful misrepresentation or fraud.]
(2) Where a licence, permit, pass or authorization held by any person is can-
celled under sub-section (1), the authority aforesaid may cancel any other licence,
permit, pass or authorization granted or deemed to have been granted to such persons
under this Act.
5[(3) Notwithstanding anything contained in this section, the State
Government may, for reason to be recorded in writing, suspend or cancel any licence,
permit, pass or authorization.]
55. No holder of a licence, permit, pass or authorization shall be entitled to any
compensation for the cancellation or suspension of the licence, permit, pass or authoriza-
tion under section 54 nor to a refund of any fee or deposit made in respect thereof.
56. (1) Whenever the authority granting a 6[licence, permit, pass or authoriza-
tion] considers that it should be cancelled for any cause other than those specifi ed in section
54, he may cancel 7[it] either —
(a) on the expiration of not less than fi fteen days’ notice in writing of his
intention to do so ; or
8[(b) forthwith without notice, recording his reasons in writing for doing so].
1. The words and fi gures “of any offence under the Dangerous Drugs Act 1930, or under the Drugs Act, 1940,
or under the Bombay Drugs (control) Act, 1952” were substituted for the words and fi gures “of any offence
under the Dangerous Drugs Act, 1930” by Bom, 22 of 1960, s. 38 (a)(ii).
2. These words fi gures and brackets were substituted for the words, fi gures and brackets “or under the Drugs
Act, 1940, or under the Bombay Drugs (Control) Act, 1952” by Guj. 9 of 1978, s. 6 (i).
3. These words, fi gures, brackets and letter were substituted for the words and fi gures “or of any offence punish-
able under Article 8 of the Schedule to section 167 of the Sea Customs Act, 1878”, ibid,, s. 6 (ii).
4. This clause was inserted by Bom. 22 of I960, s. 38 (a) (iii).
5. This sub- section was substituted for the original, ibid., s. 38 (d).
6. These words were substituted for the word “licence”, ibid., s. 39(a)(i).
7. This word was substituted for the words “the licence ibid., s. 39 (a) (ii),
8. This clause was substituted, ibid., s. 39 (a) (iii).
II of 1930.
XXII of
1940.
Bom. XI of
1960.
IV of 1889.
XLV of
1860.
II of 1962.
Holder of
licences, etc.
not entitled
to compen-
sation or
refund of fee
for cancel-
lation or
suspension
thereof.
Cancellation
for other
reasons.
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 23
1[(2) Where a licence, permit, pass or authorization is cancelled under sub-section
(1), a part of the fee for the licence, permit, pass or authorization proportionate to the
unexpired portion of the term thereof and the deposit made by the holder thereof in re-
spect of such licence, permit, pass or authorization shall be refunded to him after deducting
any amount due from him to the State Government.]
57. Notwithstanding anything contained in any other section, when a licence is
liable under that section to cancellation owing to default in the payment of any duty or fee
payable by the holder thereof, the authority granting the licence may attach and take such
licence under management, and if the profi ts received from such management after meet-
ing all the expenses of such attatchment and management are less than the amount of
the arrears for which the licence was attached and the amount falling due on such licence
during the remaining period of such licence, the difference shall be recovered from the
licensee as if it were a duty or fee leviable under any one of the provisions of this Act, and
in the event of the said profi ts exceeding the amount so due under the licence, the licen-
see shall not be entitled to receive any of the said profi ts.
58. Notwithstanding anything contained in any law for the time being in force no
right, title or interest in any licence, permit, pass or authorisation granted under this Act
shall be liable to be sold, transferred or attached in execution of any process of any civil
or any other court.
2[58A. The State Government may by general or special order direct that the manufac-
ture, import, export, transport, storage, sale purchase, use, collection, or cultivation of any
intoxicant, denatured spirituous preparation, hemp, mhowra fl owers, or molasses shall be
under the supervision of such Prohibition and Excise or Police staff as it may deem proper
to appoint, and that the cost of such staff shall be paid to the State Government by the
person manufacturing, importing, exporting, transporting, storing, selling, purchasing,
using, collecting or cultivating the intoxicant, denatured spirituous preparation, hemp,
mhowra fl owers, or molasses :
Provided that the State Government may exempt any class of persons or institu-
tions from paying the whole or any part of the cost of such staff.]
59. (1) Notwithstanding the fact that the period during which any licence,
permit, pass or authorization is to be in force as not expired, the 3[Director] may direct the
holder thereof to dispose of his stock of intoxicant, 4[denature spirituous preparation,] or
hemp or mhowra fl owers before such date as may be specifi ed in the order.
5[1A) The Director may also direct the owner of the stock of any intoxicant.
6[denatured spiritious preparation,] hemp or mhowra fl owers who does not hold any
licence, permit, pass or authorization for such stock to dispose of the said stock before such
date as may be specifi ed in the order, and the owner shall comply with such direction. ]
1. This sub-section was substituted by Bom. 22 of 1960, s. 39 (b).
2. This section was inserted, ibid ., s. 40.
3. This word was substituted for the word “Commissioner” by Bom. 28 of 1950, sch.
4. These words were inserted by Bom. 22 of 1960, s. 41 (a).
5. Sub-section (1A) was inserted by Bom. 26 of 1952, s. 26(1).
6. These words were inserted, ibid ., s. 26 (2)
Attachment
of licence.
Right, title
or interest
under
licence not
liable to
be sold or
attached in
execution
Supervision
over manu
facuture, etc.
3[Director]
entitled
to require
licence
holder
6[or owner]
to
dispose of
stocks.
24 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(2) Any stock of intoxicant, 1[ denatured spirituous preparation, ] hemp
or mhowra fl owers left undisposed of after the date so specifi ed shall, together with
receptacles or packages in which it is contained, be liable to forfeiture to 2[the
State Government] by the order of the 3[Director.] On the cancellation or the expiry
of the period of any licence, permit, pass or authorization, the 3[Director] may also
direct that any stock of any intoxicant, 1[denatured spirituous preparation,] hemp or
mhowra fl owers remaining with the holder of the licence, permit, pass or authoriza-
tion together with receptacles of packages thereof be forfeited to 2[the State Govern-
ment].
(3) If the articles which are forfeited under sub-section (2) are sold, the
3 [Director] may, if he thinks fi t, order the whole or any portion of the sale proceeds
of such articles to be paid to the owner thereof.
4[(4) No direction or order under sub-section (1), (l-A), (2) or (3) shall be
made unless the person likely to be adversely affected by such direction or order is
given reasonable opportunity of being heard, and the reasons for the direction given
or order made are recorded in writing by the Director].
5[CHAPTER IV-A.
CONTROL AND REGULATION OF 6[ARTICLES MENTIONED IN
SECTION 24A] TO PREVENT THEIR USE AS INTOXICATING LIQUOR.
7[59AA. No article mentioned in section 24A shall be manufactured, imported
exported except under a licence which shall, subject to the provisions of any rules made in
that behalf, be granted by an offi cer authorised in that behalf by an order in writing by the
State Government :
Provided that no such licence shall be necessary for the import or export of such
article to the extent of such quantity as may be prescribed.]
59A. (1) No manufacturer of any of the articles mentioned in section 24A shall
sell, use or dispose of any liquor purchased or possessed for the purposes of such manufac-
ture under the provisions of this Act otherwise than as an ingredient of the articles author-
ized to be manufactured therefrom. No more alcohol shall be used in the manufacture of
any of the articles mentioned in section 24A than the quantity necessary for extraction or
solution of the elements contained therein and for the preservation of the articles :
Provided that in the case of manufacture of any of the articles mentioned in section
24A in which the alcohol is generated by a process of fermentation the amount of such
alcohol shall not exceed 12 per cent. 9[by volume].
(2) No person shall—
(a) knowingly sell any 10[article mentioned in section 24A] for being used
as an intoxicating drink, or
(b) sell any such article under circumstances from which he might
reasonably deduce the intention of the purchaser to use them for such purpose.
1. These words were inserted by Bom. 22 of 1960, s. 41 (a).
2. These words were substituted for the words “ His Majesty” by the Adaptation of Laws Order, 1950.
3. This word was substituted for the word “Comissioner” by Bom. 28 of 1950, sch.
4. This sub-section was inserted by Bom. 22 of 1960, s. 41 (b) .
5. Chapter IV-A was inserted by Bom. 26 of 1952, s. 27.
6. These words were substituted for the words “Medicinal and Toilet preparations” by Bom. 36 of 1954, s. 7.
7. This section was inserted by Bom. 22 of 1960, s. 42.
8. This marginal note was substituted by Bom. 36 of 1954, s. 8 (ii).
9. These words were added by Bom. 22 of 1960, s. 43.
10. These words were substituted for the words, fi gures and letter “article to which section 24 A applies” by
Bom. 36 of 1954, s. 8 (i).
Control on
manufac-
ture, etc.,
of articles
mentioned in
section 24A
8[Manu-
facture of
articles
mentioned
in section
24A ].
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 25
59B. 2[1] Whenever the Director has reason to believe that any of the articles
mentioned in section 24A does not correspond with the description and limitations
provided in section 59A, he shall cause an analysis of the said articles to be made, and
if upon such analysis, the Director shall fi nd the said articles does not so correspond, he
shall give not less than 15 days notice, in writing to the person who is the manufacturer
thereof or is known or believed to have imported 3[ or obtained ] such article to show
cause why the said article should not be dealt with as an intoxicating liquo, such notice
to be served personally or by registered post, as the Director may determine, and shall
specify the time when, place where, and the name of the offi cer before whom such
person is required to appear. ]
4[(1A)] If such person fails to show to the satisfaction of the Direction that the said
article corresponds with the description and limitations provided in section 59A, the
Director may, by notifi cation in the Offi cial Gazette, direct that the said article be dealt with
as an intoxicating liquor and thereupon the provisions of this Act relating to liquor shall
apply to that article. ]
5[(2) Whenever the Director causes analysis of an article mentioned in section 24A
to be made under sub-section (1), 6[ or gives notice thereunder ], he may require the
person who is the manufacturer thereof or who is known or believed to have imported
6[ or obtained ] such articles not to sell, distribute or otherwise deal with such article, or to
remove it from any place without the previous permission of the Director, for any period
not exceeding three months from the date of such requisition or till the result of the analysis
is known and 7[communicated to him in writing by the Director, whichever is earlier, or as
the case may be, till such manufacturer or other person satisfi es the Director that the article
corresponds to the description limitations provided in section 59A ] ; and thereupon such
manufacturer or person shall comply with such requisition during the said period. ]
8[CHAPTER IV-B.
CONTROL AND REGULATION OF DENATURED SPIRITUOUS PREPARATION
TO PREVANT THEIR USE AS INTOXICATING LIQUOR.
59C. (1) No person shall have in his possession, except, under a permit granted by any
offi cer empowered by the State Government in that behalf, any quantity of denatured spir-
ituous preparation in excess of such quantity as the State Government may, by notifi cation
in the Offi cial Gazette, specify.
(2) In specifying quantity of possession of denatured spirituous pereparation under
sub-section (1) regard shall be had to the necessity for the free possession of such prepara-
tion for legitimate domestic and other purposes, and different limits may be fi xed for —
(i) different local areas,
(ii) different classes of persons, and
(iii) different occasions.
1. This marginal note was substituted by Bom. 36 of 1954 by Bom. 36 of 1954, s. 9.
2. The original section 59B was renumbered as sub-section (1) of that section by Bom. 20 of 1955, s. 5.
3. These words were inserted by Bom. 22 of 1960, S. 44(1).
4. This sub-section was inserted, ibid., s. 44(2).
5. Sub-section (2) was added by Bom. 20 of 1955, s. 5.
6. These words were inserted by Bom. 22 of 1960, s. 44(3).
7. These words, fi gures and letter were substituted for the words “communicated to him, whichever is
earlier”, ibid.
8. Chapter IV-B was inserted ibid., s. 45.
1[Analysis
of articles
mentioned
in section
24A.]
Prohibi-
tion against
possession
of denatured
spirituous
preparation
in excess of
prescribed
limit and
the regula-
tion of its
possession
in excess of
prescribed
limit.
H-2065—7
26 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
59-D. (1) No person shall—
(a) manufacture, sell or bottle for sale any denatured spirituous preparation,
except under the authority and in accordance with the terms and conditions of a
licence,
(b) import, export or transport any denatured spirituous preparation in ex-
cess of the limit of possession specifi ed under sub-section (1) of section 59-C, except
under the authority and in accordance with the terms and conditions of a pass,
(c) drink any denatured spirituous preparation.
(2) A licence or pass required under sub-section (1) shall be granted by any
offi cer empowered in writing in that behalf by the State Government. ]
CHAPTER V.
MHOWRA FLOWERS.
60. (1) No person shall export or import mhowra fl owers except under a pass
granted by the Collector or an offi cer authorised in this behalf.
(2) 1[ No person or head of household on his behalf or on behalf of the members
of his household shall in the aggregate ] collect or transport or sell or buy or have in his
possession mhowra fl owers exceeding the prescribed limit in weight, except under the
authority and subject to the conditions of a licence, permit or pass granted 2 [ by the
Collector or an offi cer authorised] in this behalf :
Provided that no licence, permit or pass shall be necessary for the collection, transport,
sale, purchase, or possession within such area and during such period ( hereinafter called
vacation period ) as the 3[ State ] Government may, by notifi cation in the Offi cial Gazette,
notify, of any quantity of mhowra fl owers which shall be the produce of that year 4[and of
that area ] :
Provided further that unless the 3[State] Government by a notifi cation in the Offi cial
Gazette, otherwise directs, no licence, permit or pass shall be necessary for the transport by
rail of any quantity of mhowra fl owers through an area which has no vacation period or the
vacation period for which has expired at the time when the transport takes place, provided
that—
(i) the said fl owers are not unloaded in transit, and
(ii) there is a vacation period at the place from which and to which the said fl ow-
ers are transported at the time when the said fl owers are despatched or arrived, as the case
may be.
5[* * * * * *]
1. These words were substituted for the words “No person shall” by Bom. 26 of 1952, s. 28(1).
2. These words were inserted, ibid., s. 28(2).
3. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4. These words were added by Bom. 26 of 1952, s. 28 (3).
5. The Explanation which was inserted by Bom. 26 of 1952 s. 28 (4) was deleted by Bom. 22 of 1960, s. 46.
Regulation
of manufac-
ture, etc.,
of denature
spirituous
preparation.
Prohibition
of export
or import
of mhowra
fl owers.
Control and
regulation
of transport,
sale etc.,
of mhowra
fl owers.
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 27
CHAPTER VI
CONTROL AND REGULATION OF MOLASSES.
61. (1) Except as otherwise provided in sub-sections (2) and (3), no person
shall,export, import, transport, sale or have in his possession any quantity of molasses.
(2) The 1[ State ] Government may, by general or special order, authorise
any Collector 2[ or any other offi cer ] to grant licences for the import, export, sale
or possession of molasses.
(3) The 1[ State ] Government may also authorise any Collector or any
other offi cer to grant permits for the transport of molasses.
62. The provisions of sections 53 to 59 3[(Both inclusive) ] shall, so far as may
be applicable, apply to licences or permits granted under section 61.
4[ 63. The provisions of this Act in relation to molasses shall be in addition to, and
not in derogation of, the provisions of the Bombay Molasses (Control) Act, 1956 or of any
rule or order made thereunder.]
64. [ Power of State Government to direct holder of stock of molasses to sell them at
fi xed price to any offi cer, person or class of persons. ] Deleted by Bom. 26 of 1952, s. 30.
5[ CHAPTER VI—A.
CONTROL AND REGULATION OF ROTTEN GUR AND AMMONIUM CHLORIDE.
64. No person shall have in his possession, except under a permit granted by an
offi cer empowered by the State Government in that behalf, any quantity of rotten gur
in excess of such quantity as the State Government may, by notifi cation in the Offi cial
Gazette, specify.
64A. No person shall manufacture, use or consume rotten gur except under the au-
thority, and in accordance with the terms and conditions of, a licence, permit, pass or
authorisation granted for the purpose by an offi cer empowered in that behaif by the state
Government.
1. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 These words were inserted by Bom. 26 of 1952, s. 29.
3. These brackets and words were inserted by Bom. 22 of 1960, s. 47.
4. This section was inserted ibid., s. 48.
5. Chapter VI-A which was deleted by Bom. 26 of 1952, s. 30 was inserted by Guj. 9 of 1978, s. 7.
Control of
export,etc.,
of molasses.
Provisions
of sections
53 to 59
to apply
to licences
granted
under section
61.
Povision of
Act in rel
ation to mo-
lasses to be
in addition
to and not in
derogation
of Bom.
XXXVIII of
1956.
Bom.
XXX
VIII of
1956.
Prohibi-
tion against
possession
of rotten gur
in excess of
prescribed
limits.
Regulation
of manufac-
ture, etc., of
rotten gur.
28 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
64B. No person shall manufacture, use or have in his possession ammonium chlo-
ride, in excess of such quantity as the State Government may, by notifi cation in the Offi cial
Gazette, specify, except under a licence, permit, pass or authorisation granted by an offi cer
empowered by the State Government in that behalf.
64C. The provisions of sections 53 to 59 ( both inclusive ) shall, so far as may be
applicable, apply to licences, permits, passes or authorisations granted under sections 64,
64A and 64B. ]
CHAPTER VII.
OFFENCES AND PENALTIES.
65. Whoever, in contravention of the provisions of this Act, or of any rule,
for regulation or order made or of any licence, pass, permit or authorization granted
thereunder—
(a) impots or exports any intoxicant 1[ ( other than opium ) ] or hemp,
(b) manufactures any intoxicant 1[ ( other than opium ) ],
(c) constructs or works any distillery or brewery,
(d) bottles liquor,
(e) sells or buys any intoxicant 1[ (other than opium) ] or hemp, or
(f) uses, keeps or has in his possession any materials, still, utensils, implements or
apparatus for the purpose of manufacturing any intoxicant 2[(other than opium)],
3[(g) cultivates or collects hemp],
4[shall, on conviction, be punished for each such offence with imprisonment for a
term which may extend to three years and also with fi ne :
5[ * * * * *]
(i) for a fi rst offence, such imprisonment shall not be less than six months,
and fi ne shall not be less than fi ve hundred rupees ;
(ii) for a second offence, such imprisonment shall not be less than nine
months, and fi ne shall not be less than one thousand rupees ;
(iii) for a third or subsequent offences, such imprisonment shall not be less
than one year, and fi ne shall not be less than one thousand rupees.]
6[65A. (1) Notwithstanding anything contained in this Act, whoever,-
(a) manufactures laththa,
(b) constructs or works any distillery or brewery for it,
(c) sells or buys laththa, or
1. These brackets and words were inserted by Bom. 22 of 1960, s. 49(a).
2. These brackets and words were substituted for the brackets and words “(other than toddy)”, ibid., s. 49(b).
3. This clause was inserted ibid., s. 49(c).
4. This portion was substituted for the portion beginning with the words “shall on conviction be punished” to
the end of the section, ibid., s. 49(d).
5. This proviso was delected by Guj. 29 of 2011, s. 3.
6. Section 65A was inserted ibid, s. 4.
Regulation
of manufac-
ture, etc., of
ammonium
chloride.
Provision
of sections
53 to 59
to apply to
licences,
permits, etc.,
granted un-
der sections
64, 64 A and
64 B.
Penalty
for illegal
import, etc.,
of intoxicant
or hemp.
Punishment
for laththa.
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 29
(d) uses, keeps, transports or has in his possession laththa,
shall, on conviction be punished with imprisonment for a term which
may extend to ten years, but shall not be less than seven years and also with fi ne.
(2) When there has been death of any person by the consumption of the
said laththa mentioned in sub-section (1) above, the person who has manufactured,
kept, sold or arranged to make it drink or distributed laththa shall, on conviction, be
punished with death or imprisonment for life and shall also be liable to fi ne.
(3) Whoever keeps, sells, buys or supplies any material for manufacture of
the laththa and when there has been death of person by the consumption of the said
laththa shall, on conviction, be punished for a term up to imprisonment for life and shall
also with fi ne.” ]
66. 1[(1)] Whoever in contravention of the provisions of this Act, or of any
rule regulation or order made, or of any licence, permit, pass or authorization issued,
thereunder—
2[ * * * * * *]
(b) consumes, uses, possesses or transports any intoxicant 3[other than
opium,] or hemp,
(c) taps or permits to be tapped any toddy producing tree,
(d) draws or permits to be drawn toddy from any tree,
4[(e) enters the territory of the State in an intoxicated condition or under the
infl uence of an intoxicant (other than opium ) or hemp, after having consumed such
intoxicant or hemp at any place outside the State,]
shall, on conviction, be punished,—
(i) for a fi rst offence, with imprisonment for a term which may extend to six
months and with fi ne which may extend to one thousand rupees;
5[ * * * * *]
(ii) for a second offence, with imprisonment for a term which may extend
to two years and with fi ne which may extend to two thousand rupees;
6[ * * * * *]
(iii) for a third or subsequent offences, with imprisonment for a term which
may extend to two years and with fi ne which may extend to two thousand rupees;
7[ * * * * *]
8[ (2) Subject to the provisions of sub-section (3), where in any trial of an
offence under clause (b) of sub-section (1) for the consumption of an intoxicant 9[or
in any trial of an offence under clause (e) of sub-section (1) for entry in the terri-
tory of the State after consumption of an intoxicant or hemp at any place outside the
State], it is alleged that the accused person consumed liquor, and it is proved that the
concentration of alcohol in the blood of the accused person is 10[ not less than 0.05
1. Section 66 was renumbered as sub-section (1) by Bom. 12 of 1959, s. 9.
2. Clause (a) was deleted by Bom. 22 of 1960, s. 50 (a).(i).
3. These brackets and words were inserted ibid., s. 50 (a) (//).
4. Clause (e) was inserted by Guj. 9 of 1978, s. 8(1).
5. This proviso was deteted by Guj. 7 of 2005, s. 2 (i).
6. This proviso was deteted ibid., s. 2 (ii).
7. This proviso was deteted ibid., s.2 (iii).
8. Sub-sections (2) and (3) were added by Born. 12 of 1959, s. 9.
9. These words, brackets, letter and fi gure were inserted by Guj. 9 of 1978, s. 8(2)(a).
10. These words and fi gures were substituted and were deemed always to have been substituted for the words and
fi gures “not less than 0.05 per cent.” by Bom. 22 of 1960, s. 50(b)
Penalty
for iilegal
cultivatation
and collec-
tion of hemp
and other
matters.
H-2065—8
30 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
per cent., weight in volume], then the burden of proving that 1[ the liquor consumed
was a medicinal preparation consumed in quantity not in excess of normal dose
as defi ned in section 24-1A or that the liquor consumed was a toilet preparation]
or an antiseptic preparation or solution, or a flavouring extract essence or syrup,
containing alcohol, the consumption of which is not in contravention of the Act
or any rules, regulations or orders made thereunder, shall be upon the accused
person, and the Court shall in the absence of such proof presume the contrary.
(3) The provisions of sub-section (2) shall not apply to the consumption
of any liquor—
(a) by in-door patients during the period they are being treated in any
hospital, convalescent home, nursing home, or dispensary, maintained or
supported by Government or a local authority, or by charity, or
(b) by such other persons, in such other institutions, or in such circum
stances as may be prescribed.]
2[66A. Whoever, in contravention of the provisions of this Act, or of any rule,
regulation or order made thereunder or of any licence, pass, permit or authorisation
granted by or under this Act, imports, exports, transports, consumes, uses, pos-
sesses, sells or buys, opium shall, on conviction be punished for each such offence
with imprisonment for a term which may extend to three years and also with fine :
Provided that, in the absence of special and adequate reasons to the contrary to be
mentioned in the judgment of the Court,—
(i) for a fi rst offence, such imprisonment shall not be less than six months, and
fine shall not be less than five hundred rupees,
(ii) for a second offence, such imprisonment shall not be less than nine months
and fine shall not be less than one thousand rupees,
(iii) for a third or subsequent offences, such imprisonment shall not be less
than one year and fine shall not be less than one thousand rupees.]
67. 3[(1)] Whoever in constravention of section 21 alters or attempts to alter
any denatured spirit or has in his possession any spirit in respect of which he
knows or has reason to believe that any such alteration or attempt has been made
shall, on conviction be punished with imprisonment for a term which may extend
to one year and with fi ne which may extend to one thousand rupees :
Provided that in ihe absence of special and adequate reasons to the contrary to
be mentioned in the judgment of the Court, such imprisonment shall not be less than
three months and fine shall not be less than five hundred rupees.
4[(2) In prosecutions under this section, it shall be presumed, until the contrary
is proved, that the alteration or attempt to alter any denatured spirit was done with
the intention that such spirit may be used for human consumption as an intoxicating
liquour. ]
5[67-1A. 6[(1)] Whoever in contravention of section 21A alters or attempts to
alter any denatured spirituous preparation or has in his possession any such preparation in
respect of which he knows or has reason to believe that any such alteration or attempt has
been made shall, on conviction, be punished with imprisonment for a term which may
extend to one year and with fi ne which may extend to one thousand reupees:
1. These words, fi gures and letter were substituted for the words “the liquor consumed was a medicinal or toilet
preparation” by Guj. 9 of 1978, s. 8(2) (b).
2. This section was inserted by Bom. 22 of 1960, s. 51.
3. Section 67 was renumbered as sub-section (1), ibid.., s. 52.
4. This sub-section was added, ibid.
5. Section 67-A was inserted by Bom. 36 of 1954, s. 10.
6. Section 67-A was renumbered as sub-section (1) by Bom. 22 of 1960, s. 53.
Penalty for
illegal
import,
etc., of
opium.
Penalty for
alteration
or attempting
to alter
denatured
spirit
Penalty for
altera tion or
attempting
to alter
denatured
spirituous
preparation.
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 31
Provided that in the absence of special and adequate reasons to the contrary
to be mentioned in the judgment of the Court, such imprisonment shall not be
less than three months and fine shall not be less than five hundred rupees.]
1[(2) In prosecutions under this section it shall be presumed, until the
contrary is proved, that the alteration or attmept to alter any denatured spirituous
prepara tion was done with the intention that it may be used for human consumption
as an intoxicating liqour.]
2[67-1B. Whoever—
(a) not being a registered medical practitioner issues a prescription
for intoxicating liquour, or
(b) being a registered medical practitioner,—
(i) prescribes intoxicating liquor in contravention of the provisions
of sub-section (2) of section 22A, or
(ii) fails, without reasonable excuse, to state in the prescription for
intoxicating liquor the particulars required by that section to be stated
therein, or
(iii) fails to preserve such prescription, or a copy thereof, for the
period for which it is required by that section to be preserved,
shall, on conviction, be punished with imprisonment for a term
which may extend to six months or with fi ne which may extend to one
thousand rupees or with both.]
3[67A. (l) Whoever in contravention of the 4[provisions of section 59AA or,
as the case may be, of section 59A]—
5[(la) manufactures, imports or exports any article mentioned in section
24A, or]
(a) sells, uses or disposes of any liquor otherwise than as an ingredient of
any 6[article mentioned in section 24A], or
(b) uses more alcohol 8[in the manufacture of any of the articles mentioned
in section 24A] than the quantity necessary for extraction or solution of the
elements contained therein and for the preservation of such 9[article], or
(c) knowingly sells 10[any such article] for being used as an intoxicating
drink, or sells any such article under circumstances from which he might
reasonably deduce the intention of the purchaser to use them for such purpose,
shall, on convicition, be punished with imprisonment for a term which may
extend to one year or with fi ne or with both.
1. This sub-seciion was added by Bom. 22 of 1960 s. 53.
2. This section was inserted, ibid., s. 54.
3. Sections 67A and 67B were inserted by Bom. 26 of 1952, s. 31.
4. These words, figures and letters were substituted for the words, figures and letter “provisions of section
59A” by Bom. 22 of 1960, s. 55(a)(i).
5. Clause (la) was inserted, ibid., s. 55 (a) (ii).
6. These words, figures and letter were substituted for the words “medicinal or toilet preparation” by
Bom. 36 of 1954, s. 11 (i)(a).
7. These words, figures and letter were substituted for the words “medicinal or toilet preparations”, ibid.,
s.11(iii).
8. These words, fi gures and letter were substituted for the words “in the manufacture of such article which may
be used as intoxicating liquor” by Bom. 22 of 1960, s.55(a) (iii).
9. This word was substituted for the word “preparation” by Bom. 36 of 1954,s.ll(i)(b).
10. These words were substituted for the words, fi gures and letter “any article to which section 24 A applies”,
ibid, s. ll(i)(c).
Penalty for
contraven-
tion of
provision
regarding
prescrip tions.
Penalty for
manufac-
turenig
7[articles
mentioned
in section
24A] in
contraven-
tion of the
provisions
of section
59A.
32 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(2) No person who has been convicted for any offence under this section
or has paid any sum of money under section 104 1[by way of composition] for such
offence shall be entitled to manufacture, import or to sell any 2[articlc mentioned in
section 24A] for a period of one year from the date of such convic tion or payment, and
any person who imports, manufactures or sells any 3[such article] in contravention of
this sub-section shall be liable to the same punish ment as is provided for an offence
punishable under section 65.
67 B. 4[(1)] If the manufacturer of any of the articles mentioned in section 24A fails
to show to the satisfaction of the Director that the article correspondens to the description
and limitations provided in section 59A, his licence for the purchase, use of possession of
liquor or alcohol for the manufacture of such article shall be revoked.
5[(2) Any person who fails to comply with any requisition made by the
Director under sub-section (2) of section 59B, shall, on conviction, be punished with
imprisonment for a term which may extend to one year or with fi ne or with both.]
7[67C. Whoever,—
(a) in contravention of the provisions of section 59C possesses, without
a permit, any denatured spirituous preparation in excess of the quantity
prescribed under that section, or
(b) in contravention of the provisions of section 59D, manufactures, sells,
bottles for sale or imports, exports or transports, any denatured spirituous
preparation, or
(c) drinks any denatured spirituous preparation,
shall, on conviction, be punished-
(i) for a fi rst offence, with imprisonment for a term which may extend to six
months and with fi ne which may extend to one thousand rupees :
Provided that in the absence of special and adequate reasons to the contrary, to
be mentioned in the judgment of the Court, such imprisonment shall not be less than
three months and fi ne shall not be less than fi ve hundred rupees ;
(ii) for a second offence, with imprisonment for a trerm which may extend
to two years and with fi ne which may extend to two thousand rupees :
Provided that, in the absence of special and adequate reasons to the contrary, to be
mentioned in the judgment of the Court, such imprisonment shall not be less than six
months and the fi ne shall not be less than one thousand rupees ;
(iii) for a third or subsequent offences, with imprisonment for a term which
may extend to two years and with fi ne which may extend to two thousand rupees :
Provided that, in the absence of special and adequate reasons to the contrary,
to be mentioned in the judgment of the Court, such imprisonment shall not be less
than nine months and fi ne shall not be less than one thousand rupees.]
1. These words were inserted by Bom. 22 of 1960, s. 55(b).
2. These words, fi gures and letter were substituted for the words, fi gures and letter “preparation to which
section 24 A applies” by Bom. 36 of 1954, s. ll(ii)(a).
3 These words were substituted for the words “such preparation”, ibid., s. ll(i)(b).
4. The original section 67-B was renumbered as sub-section (1) of that section by Boa. 20 of 1955, s. 6(1).
5. Sub-section (2) was added, ibid.
6. This marginal note was substituted ibid., s. 6 (2).
7. This section was inserted by Bom. 22 of 1950, s. 56.
6[ Penalty
for failure
to satisfy
the Director
under sub-
sec tion (1),
or to comply
with a
requisition
under sub-
section (2),
of section
59 B].
Penalty for
posses-
sing, etc.,
denatured
spirituous
preparation
in contra-
vention of
provisions
of sections
59C and
59D.
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 33
68. Whoever—
(a) opens, keeps or uses any place as a common drinking house ; or
(b) has the care, management or control of, or in any manner assists in
conducting the business of any place opened, kept or used as a common drinking
house,
1[shall, on conviction, be punished for each such offence with imprisonment for a
term which may extend to three years and also with fi ne :
Provided that, in the absence of special and adequate reasons to the contrary to
be mentioned in the judgment of the Court.
(i) for a fi rst offence, such imprisonment shall not be less than six months,
and fi ne shall not be less than fi ve hundred rupees ;
(ii) for a second offence, such imprisonment shall not be less than nine
months, and fi ne shall not be less than one thousand rupees ;
(iii) for a third or subsequent offences, such imprisonment shall not be less
than one year and fi ne shall not be less than one thousand rupees.]
69. Whoever, in contravention of the provisions of this Act, or of any rule,
regulation or order made or licence, permit or pass granted thereunder, imports, exports,
2[collects], transports, sells, 2[buys] or has in his possession mhowra fl owers shall, on
conviction, be punished,—
(i) for a fi rst offence, with imprisonment for a term which may extend to six
months and with fi ne which may extend to one thousand rupees :
Provided that in the absence of special and adequate reasons to the contrary to
be mentioned in the judgment of the Court, such imprisonment shall not be less than
three months and fi ne shall not be less than fi ve hundred rupees;
(ii) for a second offence, with imprisonment for a term which may extend to
two years and with fi ne which may extend to two thousand rupees :
Provided that in the absence of special and adequate reasons to the contrary to
be mentioned in the judgment of the Court, such imprisonment shall not be less than
six months and fi ne shall not be less than one thousand rupees ;
(iii) for a third and subsequent offences, with imprisonment for a term which
may extend to two years and with fi ne which may extend to two thousand rupees :
Provided that in the absence of special and adequate reasons to the contrary to
be mentioned in the judgment of the Court, such imprisonment shall not be less than
nine months and fi ne shall not be less than one thousand rupees :
Provided further that no person shall be punished in respect of any mhowra
fl owers which are either growing on a tree or are lying collected on the ground as
they have fallen from a tree.
1. This portion was substituted for the original by Bom. 22 of 1960, s. 57.
2. This word was inserted by Bom. 26 of 1952, s. 32.
Penalty for
opening etc.,
of common
driniking
house.
Penalty for
illegal
import, etc.
of mhowra
fl owers.
H-2065—9
34 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
70. Whoever, in contravention of the provisions of this Act, or of any rule, regulation
or order made or of any licence or permit granted thereunder, exports, imports, transports,
sells or has in his possession molasses shall, on conviction, be punished with imprisonment
for a term which may extend to six months or with fi ne which may extend to one thousand
rupess or with both.
1[70 A. Whoever in contravention of the provisions of this Act or any rule, regulation
or order made or of any licence, permit, pass or authorisation granted thereunder possesses,
manufactures, uses or consumes rotten gur or ammonium chloride shall, on conviction,
be punished with imprisonment for a term which may extend to six mohths and with fi ne
which may extend to one thousand rupees.]
71. [ Penalty for selling molasses at price exceeding fi xed price.] Deleted by Bom.
26 of 1952, s. 33.
2[72. Whoever, in contravention of the provisions of this Act or of any rule, regulation
or order made, or pass granted, thereunder, removes any intoxicant, hemp, mhowra fl owers
or molasses from any distillery, warehouse, godown or other place of storage established
or licensed under this Act shall, on conviction, be punished with imprisotiment for a term
which may extend to one year or with fi ne which may extend to one thousand rupees or
with both.]
73. Whoever, in contravention of the provisions of this Act, or of any rule,
regulation or order made thereunder, prints, or publishes in any newspapers news-sheet,
book, leafl et, booklet, or any single or periodical publication otherwise displays or
distributes any advertisements or other matter—
(a) which 3[*]solicits the use of or offers any intoxicant or hemp, or
(b) which is calculated to encourage or incite any individuals or class
of individuals or the public generally to commit an offence under this Act, or to
commit a breach of, or to evade the provisions of, any rule, regulation or order made
thereunder or of the conditions of a licence, permit, pass or authorization granted
thereunder.
shall, on conviction, be punished with imprisonment for a term which may extend to six
months or with fi ne which may extend to fi ve hundred rupees or with both.
74. Whoever, in contravention of a notifi cation issued under sub-section (3) of
section 24, circulates, distributes or sells any newspaper, news-sheet, book, leafl et,
booklet, or other publication printed and published outside the 4[State] which contains any
advertisement or matter,—
(a) which 5[*] solicits the use of or offers any intoxicant or hemp, 6[or]
(b) which is calculated to encourage or incite any individual or class of
individuals or the public generally to commit any offence under this Act,
or to commit a breach of or to evade the provisions of any rule, regulation
or order made thereunder or the conditions of any licence, permit, pass or
authorization granted thereunder.
1. Section 70 A was inserted by Guj. 9 of 1978 s. 9
2. This section was substituted by Bom. 22 of 1960, S. 58.
3. The word “ commends “ was deleted, by Bom. 26 of 1952, S. 34.
4. This words were substituted for the words “prereorganisation state of Bombay excluding the transferred
territories” by Bom. 12 of 1959, S. 3.
5. The words “commends” was deleted by Bom. 26 of 1952, S. 35 (1)
6. This word was inserted, ibid., S. 35 (2)
Penalty for
illegal im-
port, etc.,
of molasses.
Penalty
for illegal
possession,
etc., of
rotten gur or
ammonium
chloride.
Panelty for
removal of
intoxi cant,
etc.
Penalty for
printing or
publishing
advertise-
ment in
contraven-
tion of
provisions of
Act, etc.
Penalty for
circulating,
etc., news
papers etc.,
containing
advertise-
ments
regarding
intoxicants,
etc.
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 35
shall, on conviction, be punished with imprisonment for a term which may extend to
six months or with fi ne which may extend to one thousand rupees or with both.
75. Whoever, in contravention of the provisions of this Act or any rule, regulation
or order made thereunder—
(a) 1[*] solicits the use of or offers any intoxicant or hemp, or
3[ * * * ]
(c) does any act which is calculated to incite or encourage any individual or
a class of individuals or the public generally to commit an offence under this Act or
to commit a breach of any rule, regulation or order made or of conditions of a licence,
permit, pass or authorization granted thereunder.
shall, on conviction, be punished with imprisonment for a term which may extend to
six months or with fi ne which may extend to one thousand rupees or with both.
4[75A. Whoever, in contravention of the provisions of section 43,—
(a) drinks in a public place or in the rooms of a hotel or institution to which
the public may have access,
(b) allows the use or consumption of any quantity of foreign liquor pos-
sessed by him to any other person,
(c) serves liquor at any ceremonial or other function or any assembly of per-
sons where persons ( not being members of his family or his employees) not holding
permits under sections 40, 41, 46, 46A or 47 are present,
shall, on conviction, be punished for every such offence with imprisonment
which may extend to six months or with fi ne which may extend to one thousand
rupees, or with both. ]
76. Whoever in contravention of the provisions of this Act, rule or regulation or
order or condition of any licence, permit or pass granted under this Act,—
(a) neglects to supply himself with measures and weights for measuring and
weighing any intoxicant or hemp, or with instruments for testing the strength of
liquor or keep the same in good condition, or
(b) refuses to measure, weigh or test any intoxicant or hemp in his
possession 5[ or to have it weighed, measured or tested ],
1. The word “ commends “ was deleted by Bom. 26 of 1952, s. 36 (1).
2. Clause (b) was deleted, ibid., 36 (2).
3 The words “prustrating provisions of this Act” were deleted ibid., s. 36 (3).
4. This section was inserted by Bom. 22 of 1960, s. 59.
5. These words were added, ibid., s. 60.
Penalty for
inciting or
encouraging
certain acts.
2***
Penalty for
contraven-
tion of
provisions of
section 43.
Penalty for
neglect to
keep meas-
ures, etc.
36 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
shall, on conviction be be punished for each such offence with fi ne which may extend
to two hundred rupees.
77. Whoever, being the holder of a licence, permit, pass or authorization granted
under this Act or a person in the employ of such holder or acting with his express or
implied permission on his behalf—
(a) fails to porduce licence, permit, pass or authorization on demand by a
Prohibition Offi cer or any other offi cer duly empowered if such licence, permit, pass
or authorization is in his possession or control, or
(b) wilfully does or omits to do anything in contravention of any rule,
regulation or order made under this Act, or
1[* * * *]
shall, on conviction, be punished for each such offence with imprisonment for a term
which may extend to 2[six] months, or with fi ne which may extend to 3[fi ve hundred
] rupees or with both.
78. Whoever, being the holder of a licence for the sale or manufacture of any
introxicant undet this Act, or a person in the employ of such holder or acting with his
express or implied permission on his behalf—
(a) mixes or permits to be mixed with the said intoxicant any noxious
drug or any foreign ingredient likely to add to the actual or apparent intoxicating
quality or strength or any article prohibited by any rule made under this Act 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 intoxicant inferior in quality whether such ingredient is or is not prohibited as
aforesaid, 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 foreign liquor, liquor which he
knows or has reason to believe to be country liqour, or
(c) marks the cork of any bottle, or any bottle, case, packages 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 bottle, case, package or
other receptacle contains foreign liquor, when such act shall not amount to an offence
of using a false trade mark with intent to deceive or injure any person under section
482 of the Indian Penal Code, or
1. Clause (c) was deleted by Bom. 22 of 1960, s. 61 (a).
2. This word was substituted for the word “three” ibid., s. 61 (b).
3. These words were substituted for the words “two hundred.” ibid.
Penalty for
misconduct
by licence,
etc.
Penalty for
misconduct
by licensed
vendor or
manufac-
turer.
XLV of
1860.
XLV of
1860.
1949 : Bom. XXV ] Gujarat Prohibition Act., 1949 37
(d) sells or exposes for sale, any country liquor in a bottle case or package
or other receptacle, with any mark thereon, or on the cork thereof with the inten-
tion of causing it to be believed, that such bottle, case, package or other receptacle
contains foreign liquor, when such act shall not amount to the offence of selling
goods marked with a counterfeit trade mark under section 486 of the Indian Penal
Code, or
(e) sells any intoxicant which is not of the nature, substance and quality
demanded by the purchaser or keeps or exposes for sale any intoxicant which is not
of the nature, substance and quality authorised by the terms of the licence to be
kept for sale by the holder of the licence,
shall, on conviction, be punished for each such offence with imprisonment for a term
which may extend to six months and with fi ne which may extend to one thousand
rupees.
79. The holder of a licence, permit, pass or authorization granted under this Act
shall be responsible as well as the actual offender, for any offence committed by any per-
son in his employ or acting with his express or implied permission on his behalf under the
provisions of this Act 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 fi ne.
80. (1) Whenever any intoxicant, hemp, mhowra fl owers or molasses are
manufactured, imported, exported, transported, sold or are possessed by any per-
son on account of any other person and such other person knows or has reason to
believe that such manufacture, import, export, transport, sale or possession is, on
his account, the intoxicant, hemp, mhowra fl owers or molasses, as the case may be,
shall for the purposes of this Act, be deemed to have been manufactured, imported,
exported, transported or sold by or to be in possession of, such other person.
(2) Nothing in sub-section (1) shall absolve any person from liability to
any punishment under this Act for the unlawful manufacture, import, export, trans-
port, sale or possession of such articles.
81. Whoever, attempts to commit or abets the commission of an offence under
this Act shall, on conviction, be punished for such attempt or abetment with the same
punishment as is provided for the principal offence.
82. (1) In the event of any breach by the holder of any licence, permit, pass
or authorisation granted under this Act or by his servants or by any person
acting with his express or implied permission on his behalf, of any of the terms or
conditions of such licence, permit, pass or authorisation, such holder shall, in addition to
the cancellation or suspension of the licence, permit, pass or authorisation granted to him,
be punished, on conviction with imprisonment for a term which may extend to six months
or with fi ne which may extend to fi ve hundred rupees or with both, unless it is proved at
all due and reasonable precautions were exercised by him to prevent any such breach.
XLV
of
1860.
Liability
of licensee
for acts of
servants
import, ex-
port, etc. of
intoxicant by
any person
on account
of another.
Penalty for
attempts or
abetment.,
Breach of
licence,
permit, etc.
to be an of-
fence.
H-2065—10
38 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(a) Any person who commits any such breach shall, whether the acts with or without the
permission of the holder of the licence, permit, pass or authorization be liable to the same
punishment.
83. When two or more persons agree—
(a) to commit or cause to be committed any offence under this Act, or
(b) 1[***] to commit a breach of a condition of a licence, permit, pass or
authorization,
each of such persons shall, on conviction, be punished with imprisonment for a
period which may extend to two years or with fi ne which may extend to one thousand
rupees or with both.
84. Whoever is found drunk or drinking in a common drinking house or is found
there present for the purpose of drinking, shall, on conviction, be punished with fi ne which
may extend to fi ve hundred rupees. Any person found in a common drinking house during
any drinking therein shall be presumed, until the contrary is proved, to have been there for
the purpose of drinking.
85. 2[(1)] Whoever, in any street or throughfare or public place or in any place to
which the public have or are permitted to have access—
(1) is drunk and incapable of taking care of himself, or
(2) behaves in a disorderly manner under the infl uence of drink, 3[or
(3) is found drunk but who is not the holder of a permit granted under
the provisions of this Act or is not eligible to hold a permit under section 40, 41, 4[46
or 46A] ].
shall, on conviction, be punished, —
(i) for an offence under clause (1) 5[ or clause (3) ],
(a) for a fi rst offence, with imprisonment for a term which may extend to one
month and with fi ne which may extend to two hundred rupees:
6[* * * * * ]
1. The words “ to defeat or frustrate the provisions of this Act, rules, regulation or order, or” were
deleted by Bom. 26 of 1952, s. 37
2. Section 85 was renumbered as sub-section (1) of the said section, ibid, s. 38.
3. This portion was inserted, ibid., s. 38 (1).
4. There fi gures, word and letter were substituted for the word and fi gures “or 46’’ by Bom. 20 of 1955, s. 7.
5. These words, brackets and fi gure were inserted by Born. 18 of 1953, s 3 Second Schedule.
6. This proviso was deleted by Guj, 7 of 2005, s. 3 (a) (i).
Penalty for
conspiracy.
Penalty for
being found
drunk in any
drinking
house.
Penalty for
being drunk and
for disorderly
behaviour.
1949 : Bom. XXV ] Gujarat Prohibition Act., 1949 39
(b) for subsequent offence, with imprisonment for a term which may extent
to six months and with fi ne which may extent to fi ve hundred rupee;
1[* * * * * ]
(ii) for an offence under clause (2),—
(a) for a fi rst offence, with imprisonment for a term which may extent to three
months and with fi ne which may extent to fi ve hundred rupee;
2[* * * * * ]
(b) for a subsequent offence, with imprisonment for a term which may extent to
one year and with fi ne which may extent to one thousand rupees;
3[* * * * * ]
4[(2) In prosecution for an offence under sub-section (7), it shall be presumed until
the contrary is proved that the person accused of the said offence has drunk liquor or con-
sumed any other intoxicant for the purpose of being intoxicated and not for a medicinal
purpose.]
86. (1) Whoever, being the owner or occupier, or having the use or care or man-
agement or control of any place, knowingly permits it to be used for the purpose of the
commission by any other person of any offence punishable under this Act, shall on con-
viction, be punished with imprisonment for a term which may extend to six months
or with fi ne which may extend to one thousand rupees or with both :
Provided that in the absence of special and adequate reasons to the contrary to be
mentioned in the judgement of the court, the imprisonment shall not be less than three
months and fi ne shall not be less than fi ve hundred rupees.
(2) It shall be presumed until the contrary is proved, that a person accused of an
offence under sub-section (1) as committed such offence if the offence committed by that
other person is proved to have been committed in the premises in his immediate possession
87. A chemist, druggist, apothecary or keeper of a dispensary who allows any
liquor, which has not been Bona fi de medicated for medicinal purposes according to the
prescription of a 5[registered medical practitioner] or any intoxicaing drug to be consumed
on his business premises by any person, shall, on conviction, be punished with impris-
onment for a term which may extend to six months, or with fi ne which may extend to one
thousand rupees, or with both.
1. This proviso was deleted by Guj. 7 of 2005, s. 3 (a) (ii).
2. This proviso was deleted, ibid, s. 3 (b) (i).
3. This proviso was deleted ibid, s. 3 (b) (ii).
4. Sub-section (2) was added by Bom. 26 of 1952, s. 38 (2).
5. These words were substituted for the words ‘medical practitioner” by Bom.12 of 1959, s. 10.
Penalty for
allowing any
premises to
be used for
purpose of
committing
an offence
under Act.
Penalty for
chemist,
druggist or
a pothecary
for allowing
his premises
to be used
for purpose
of consump-
tion of
liquor.
40 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
88. If a 1[registered medical practitioner] issues a prescription with the intention
that such prescription shall be used by the person to whom it is issued for the purpose of
consuming liquor, intoxicating drug or opium in contravention of the provisions of this
Act, or rule, regulation or order made-thereunder or any licence, permit, pass or authoriza-
tion granted under this Act, be shall, on conviction, be punished with imprisonment for
a term which may extend to six months or with fi ne which may extend to one thousand
rupees or with both.
89. Any person who maliciously and falsely gives information to any person ex-
ercising powers under this Act leading to a search, seizure, detention or arrest shall, on
conviction, be punished with imprisonment for a term which may extend to six months or
with fi ne which may extend to one thousand rupees or with both.
90. Whoever is guilty of any wilfull act or intentional omission in contravention
of the provisions of this Act, or any rule, regulation, or order made thereunder or of any
licence, permit, pass or authorization granted under this Act, and if such act or omission is
not otherwise made an offence under this Act, shall, on conviction, be punished with the
imprisonment for a term which may extend to six months or with fi ne which may extend to
fi ve hundred rupees or with both.
91. (1) Whenever, any person is convicted of an offence punishable under this
Act, the court convicting such person may, at the time of passing the sentence on such
person, order him to execute bond for a sum proportionate to his means with or without
sureties to obtain from the commission of offences punishable under the provisions of this
Act during such period not exceeding three years as it may direct.
(2) The bond shall be in such form as may be provided under the provisions
of the Code of Criminal Procedure, 1898, and the provisions of the said Code shall
in so far as they are applicable apply to all matters connected with such bond as if it
were a bond to keep the peace ordered to be executed under section 106 of the said
Code.
(3) If the conviction is set aside in appeal the bond so executed shall become
void.
2[92. (1) Where the court, on conviction for the fi rst offence under claues (b) of
sub- section (1) of section 66 for consumption of an intoxicant or sub-section (1) of section
85 or both sentences a person to simple imprisonment for certain term, 3[it may] in lieu of
such imprisonment require such person to execute a bond with suretiesing containing such
conditions in such form as may be prescribed, for rendering such community service and
subject himself to such medical treatment for getting freed from addiction of intoxicant as
may be prescribed for the term of such imprisonment.
(2) On execution of the bond under sub-section (1), the sentence shall stand sus-
pended and the person shall be released :
Provided that if the person commits breach of any condition of the bond, the
suspension of sentence shall stand cancelled and. the sentence shall revive and the
person shall be arrested by any police offi cer without warrant and remanded to un-
dergo the unexpired portion of the sentence.
1. These words were substituted for the words ‘medical practitioner” by Bom.12 of 1959, s. 10.
2. Original section 92 was deleted by Bom. 67 of 1953, s.2. which was inserted by Guj. 21 of 2003, s.2.
3. These words were substituted for the words “it shall” by Guj. 7 of 2005. S.4.
Penalty for
issuing false
prescription.
Penalty for
maliciously
giving false
information.
Penalty for
offences not
otherwise
provided for.
Demand for
security for
abstain-
ing from
commissio
n of certain
offences.
Ranadering
community
service in
lieu of im-
prisonment.
V of 1898.
1949 : Bom. XXV ] Gujarat Prohibition Act., 1949 41
Explanation.- Nothing in this section shall be deemed as granting of probation to offender”].
93. (1) Whenever 1[2[* * *] a District Magistrate, or Sub-Divisional Magistrate]
receives information that any person within the local limits of his jurisdiction habitually
commits or attempts to commit or abets the commission of an offence punishable
under this Act such magistrate may require such person to show cause why he should
not be ordered to execute a bond, with sureties, for his good behaviour for such period not
exceeding three years as the Magistrate may direct.
(2) The provisions of the Code of Criminal Procedure, 1898, shall in so far as they
are applicable apply to any proceedings under sub-section (7) as if the bond referred to
therein were a bond required to be executed under section 110 of the said Code.
94. If any person in respect of whom a bond is ordered to be executed uner 3[sec-
tions 91 and 93] is a minor, the bond shall be executed by his guardian.
4[94 A. Any Prohibition Offi cer or Police Offi cer duty bound under section 116C,
fails to send the sample of liquor to Forensic Science Laboratory of the State for its detailed
report shall, on conviction, be punished with imprisonment for a term which may extend to
one year and with fi nd which may extend to three thousand rupees].
95. Any offi cer or person exercising powers under this Act who-
(a) maliciously enters or searches or causes to be entered or searched, any building
or house or similar dwelling place; or
(b) vexatiously and unnecessarily seizes the property of any person on the
presence of seizing or searching for anything liable to confi scation under this Act; or
(c) vexatiously and unnecessarily detains, searches or arrests may person; or
(d) in any other way maliciously exceeds or abuses his lawful powers,
shall on conviction, be punished with imprisonment for a term which may extend to
one year or with fi ne which may extend to one thousand rupees, or with both.
5[96. Any offi cer or Person exercising powers under this Act who vexatiously and
unnecessarily delays forwarding to a Magistrate or to the offi cer-in-charge of the nearest
police station as required by the provisions of this Act, any person arrested or a article seized
under this Act, shall, on conviction, be punished with imprisonment for a term which may
extend to one year or with fi ne which may extend to one thousand rupees or with both. ]
1. The words “Presidency Magistrate specially empowered by the State Government in this behalf in Greater
Bombay, and elsewhere, a District Magistrate or Sub-Divisional Magistrate” were substituted for the words
“ Presidency Magistrate in the Greater Bombay and elsewhere a Magistrate of the fi rst class” by Bom. 21 of
1954, s. 3, second Schedule.
2. The words “Presidency Magistrate specially, empowered by the State Government in this behalf in Greater
Bombay, and elsewhere, “ were comitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects)
Order, 1960.
3.. These words and fi gures were substituted for the words “ the last three preceding sections.” by 67 of 1953
Bom. s,3.
4. Section 94A was inserted by Guj-29 of 2011, s. 5
5. This section was substituted by Bom. 22 of 1960, s. 62.
Demand of
security for
good behav-
iour
Executior
of bonds in
respect of
minors.
Punishment
for failure
in duty by
Prohibition
Offi cer or
Police Of-
fi cer.
Punishment
for vexa-
tious search
seizure or
arrest.
Punishment
for vexa-
tious delay.
H-2065—11
V of 1898.
42 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
97. Any offi cer or person exercising power under this Act, who—
(a) unlawfully releases any person arrested under this Act, or
(b) abets the escape of any person arrested under this Act, or
(c) abets the commission any offence against this Act, and
any other offi cer of the 1[Government] or of a local authority who abets the commis-
sion of any offence against this Act,
shall on, conviction, be punished with imprisonment for a term which may extend to one
year or with fi ne which may extend to one thousand rupees or with both.
98. (1) Whenever any offence punishable under this Act has been committed,
(a) any intoxicant, hemp, mhowra fl owers, molasses, materials, still,
utensil, implement or apparatus in respect of which the offence has been
committed,
(b) where, in the case of an offence involving illegal possession, the of-
fender has in his lawful possession any intoxicant, hemp, mhowra fl owers or
molasses other than those in respect of which an offence under this Act has
been committed, the entire stock of such intoxicant, hemp, mhowra fl owers, or
molasses,
(c) where, in the case of an offence of illegal import, export or transport,
the offender has attempted to import, export or transport any intoxicant,
hemp, mhowra fl owers or molasses in contravention of the provisions of this
Act, rule, regulation or order or in breach of a condition of a licence, permit,
pass or authorization, the whole quantity of such intoxicant, hemp, mhowra
fl owers or molasses which he has attempted to import, export or transport,
(d) where, in the case of an offence of illegal sale, the offender has in his
lawful possession any intoxicant, hemp, mhowra fl owers or molasses other
than that in respect of which an offence has been committed, the whole of such
other intoxicant, hemp, mhowra fl owers or molasses,
shall be confi scated by the order of the Court.
(2) Any receptacle, package or covering in which any of the articles liable to
confi scation under sub-section (1) is found and the other contents of such receptacle,
package or covering and the animals, carts, vessels or other conveyances used in
carrying any such article shall like-wise be liable to confi scation by the order of the
Court.
2[ But it shall not be released on bond or surety till the fi nal judgement of the Court
where the quantity of the seized liquor is exceeding the quantity as may be prescribed by
the rules.]
99. When during the trial of a case for an offence under this Act the court decides
that anything is liable to confi scation under the foregoing section, the court may, after
hearing the person, if any, claiming any right thereto and the evidence, if any, which he
produces in support of his claim, order confi scation, or in the case of any article other than
an intoxicant, hemp, mhowra fl owers or molasses give the owner an option to pay fi ne as
the court deems fi t in lieu of confi scation :
1. This word was substituted for the word “Crowa “ by the Adaptation of Laws Order, 1950.
2. Thise words were added by Guj. 29 of 2011, 5, 6.
Punishment
for abet-
ment for
escape of
persons
arrested.
Things liable
to confi sca-
tion.
Return of
things liable
to confi sca-
tion to bona
fi de owners.
1949 : Bom. XXV ] Gujarat Prohibition Act., 1949 43
Provided that no animal, cart, vessel, vehicle or other conveyance shall be confi s-
cated if the owner thereof satisfi es the court that he had exercised due care in preventing
the commission of the offence.
100. When an offence under this Act has been committed and the offender is not
known or cannot be found or when anything liable to confi scation under this Act is found or
seized, the 1[Director], Collector or any other offi cer authorized by the 2[State] Government
in this behalf may make an inquiry and if after such inquiry is satisfi ed that an offence has
been committed, may order the thing found to be confi scated :
Provided that no such order shall be made before the expiry of one month from the
date of seizure, or without hearing 3[the person, if any, claming any right thereto] and the
evidence, if any, which he produces in support of his claim.
101. If the thing in question is liable to speedy and natural decay, or if the 1[Direc-
tor], Collector, 4[Court] or the offi cer authorized by the 2[State] Government in this behalf
is of opinion that the sale would be for the benefi t of the owner, the 1[Director], Collector,
4[Court] or the offi cer may at any time direct it to be sold and the provisions of section 99
or 100 shall apply so far as may be to the net proceeds of the sale:
5[Provided that, where anything is liable to speedy and natural decay, or is of trifl ing
value, the Court or the offi cer concerned may order such thing to be destroyed, if in its or
his opinion such order is expedient in the circumstances of the case ].
102. (1) Where any newspaper news-sheet, book, leafl et, booklet or other publi
cation wherever printed or published appears to the 2[ State ] Government to contain
any advertisement or matter 6[ * ] soliciting the use of, or offering an intoxicant or hemp,
the 2[ State ] Government may, by notifi cation in the Offi cial Gazette, declare every
copy of such newspaper, news-sheet, book, leafl et, booklet or other publication whether
printed or published in the 7[State] or outside to be forfeited to 8[the State Government],
and thereupon any Police Offi cer may seize the same wherever found in the 7[State ].
Any Magistrate may by warrant authorize any Police Offi cer not below the rank of
Sub-Inspector to enter upon and search for the same in any premises where any copy of
such issue or any such a newpaper, news-sheet, book, leafl et, booklet or other publica-
tion may be or may be reasonably suspected to be. Every warnant issued under the section
shall be executed in the manner provided for the execution of search warrants under the
Code of Criminal Procedure, 1898.
(2) The declaration of the 2 [ State ] Government under this section shall be fi nal and
shall not be questioned in any Civil or Criminal Court.
103. (1) In prosecutions under any of the provisions of this Act, it shall be pre-
sumed without further evidence, until the contrary is proved, that the accused person has
committed in offi ence under this Act in respect of any intoxicant, hemp, mhowra fl owers
or molasses or any still, utensil, implement or apparatus, whatsoever for the manufacture
of any intoxicant 10[ * * * ] 11[ or any materials which have undergone any process
towards the manufacture of any intoxicant or from which an intoxicant has been manu-
factured,] for the prossession of which he is unable to account satisfactorily.
1. This word was substituted for the word “Commissioner” by Bom. 28 of 1950; Sch,
2. This word was substituted for the word “Provincial” by the Adaptation of Laws “Order, 1950.
3. These words were substituted for the words “any person who can claim any right thereto” by Bom. 22 of
1960, s. 63.
4. This word was substituted for the word “Magistrate” by Bom. 21 of 1954 s 3, Second Schedule.
5. This proviso was substituted by Bom. 22 of 1960, s. 64.
6. The word “commending” was deleted by Bom. 26 of 1952, s. 39.
7. This word was substituted for the words “pre Reorganisation State of Bombay, excluding the transferred
territories” by Bom. 12 of 1959, s. 3.
8. These words were substituted for the words “His Majesty” by the Adaptation of Laws Order, 1950
9. This word was substituted for the word “commending” by Bom. 26 of 1952, s. 39.
10. The words “as are ordinarily used in the manufacture of such intoxicant” were deleted by Bom. 22 of
1960, s. 65 (a).
11. These words were inserted by Bom. 20 of 1955, s. 8.
Procedure in
confi scation.
Power of
Collector,
etc., to
order sale or
destruction
of articles
liable to
confi scation
Forfeiture
of any
publication
containing
advertise-
ment or mat-
ter 9[solicit-
ing] use of
intoxicants.
V of
1898.
Presump-
tion as to
commission
of offences
in certain
cases.
44 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
1[2[(2) Where in any trial of an offence of manufacturing liquor or any intoxicating drug
and using a still for such purpose in contravention of the provisions of this Act, it is proved
that the accused person was present by the side of the still while it was working or that he
was the owner or occupier having the care, management or control of the place wherein
such still was used, then the burden of proving that the accused person had not used, or had
not abetted in using the still for manufacturing liquor or an intoxicating drug shall be on the
accused person and the court shall, in the absence of such proof, assume to the contrary.]]
103A. [ Report of certain registered medical offi cers as evidence. ] Deleted by Bom.
12 of 1959, s. 12.
104. (1) The 3[ State] Government may sanction the acceptance from any person
whose licence, permit, pass or authorisation is liable to be cancelled or suspended under
the provisions of this Act or who is reasonably suspected of having committed an offence
under section 4[69,70,77,82 or ] 108 of a sum of mony in lieu of such cancellation or
suspension or by way of composition for the offence which may have been committed, as
the case may be; and in all cases in which any property other than the intoxicant, hemp,
mhowra fl owers or molasses has been seized as liable to confi scation under this Act may
release the same on payment of the value thereof as estimated by the 3[ State ] Government
or such offi cer as the 3[State] Government may authorize in this behalf :
Provided that where a person who is reasonably suspected of having committed an
offence under section 5[ 69, 70 or] 108 is not the holder of a licence, permit, pass or authori-
sation granted under this Act or a person in the employ of such holder or a person acting
with his express or implied permission on his behalf, the sum of money which may be ac-
cepted from such person by way of composition shall not exceed fi ve hundred rupees :
6[ Provided further that, in the case of a person who is reasonably suspected of having
committed an offence under section 108, the sum of money which may be accepted from
him by way of composition for the offence shall be in addition to the duty or fee required
to be paid by him under this Act. ]
(2) On the payment by such person of such sum of money, or such value or both
as the case may be, such person, if in custody, shall be set at liberty and the property seized
may be released and if any proceedings shall have been instituted against such person in
any Criminal Court, the composition shall be held to amount to an acquitital and in no case
shall any further proceedings be taken against such person or property with reference to the
same facts.
7[104A. Nothing in the Bombay Probation of Offenders Act, 1938, or 8[ in any
law corresponding to that Act in force in any part of the State or in the Probation of Offend-
ers Act, 1958, where that Act is brought into force in any part of the State or in ] section 562
of the Code of Criminal Procedure, 1898, shall apply to any person convited of any offence
under this Act,]
1. Sub section (2) was deleted by Bom. 22 of 1960, s. 65 (b).
2. Sub section (2) was inserted by Guj. 9 of 1978, s. 10.
3. This word was substituted for the word “Provincial” by the Adaptation of Laws Order. 1950.
4. These fi gures and word were inserted by Bom. 26 of 1952, s. 40 (1).
5. These fi gures and word were inserted ibid., s. 40 (2).
6. This proviso was added by Bom. 22 of 1960, s. 66.
7. Section 104 A was inserted by Bom. 67 of 1953 s. 4.
8. These words and fi gures were inserted by Bom. 12 of 1959, s. !3
Compound-
ing of
offences.
Bombay
Probation of
Offenders
Act, 1938
and section
562 of Code
of Criminal
Procedure,
1898, not
to apply
to persons
convicted
of offence
under this
Act.
Bom.
XIX of
1938.
XX of
1958.
V of
1898.
1949 : Bom. XXV ] Gujarat Prohibition Act., 1949 45
H-2065—12
CHAPTER VIII.
EXCISE DUTIES.
105. 1[(1)] An excise duty or countervailing duty, as the case may be, at such rate or
rates as the 2[ State ] Government shall direct may be imposed either generally or for any
specifi ed local area on—
(a) any alcoholic liquor for human consumption,
(b) any intoxicating drug 3[ or hemp ], :
4[(c) opium ],
(d) any other excisable article,
when imported, exported, transported, possessed, manufactured or sold 5[in or from
the State , as the case may be ] :
Provided that duty shall not be so imposed on any article which has been imported
into 6[the territory of India] and was liable on such importation to duty under the Indian
Tariff Act, 1934, or the Sea Customs Act, 1878 7[ or on any medicinal or toilet preparation
containing alcohol, opium, hemp or other narcotic drugs or narcotics. ]
Explanation.—Duty may be imposed under this section at different rates according
to the places to which an excisable article is to be removed for consumption or according
to varying strengths or quality of such article.
8[9[(2) All notifi cations or orders issued under sub-section (1) shall be laid for not less
than thirty days before the State Legislature as soon as may be after they are issued and
shall be subject to such modifi cations as the State Legislature may make during the session
in which they are so laid or the session immediately following].
(3) Any modifi cation so made by the State Legislature shall be published in the
Offi cial Gazette and shall thereupon take effect ].
106. Subject to any regulations to regulate the time, place and manner of payment
made by the 10[Director] in this behalf, the duties referred to in section 105 may be levied
in one or more of the following ways :—.
(a) in the case of an excisable article imported—
1. Section 105 was renumbered as sub-section (1) by the Adaptation of Laws Order, 1950.
2. This word was substituted for the word “Provincial” by the Adaptation of Laws Order. 1950.
3. These words were added by Bom. 22 of 1960, s. 67 (a).
4. This clause was substituted, ibid, s. 67 (b).
5. These words were substituted for the words and fi gures “ in accordance with the provision contained in
Chapter IV of this Act” by Bom. 26 of 1952. s. 41.
6. These words were substituted for the words “the Dominion of India” by the Adaptation of Laws Order,
1950.
7. These words were added by Bom. 22 of 1960, s. 67 (c).
8. Sub-section (2) was deleted by Bom. 12 of 1959, s. 14.
9. Sub-sections (2) and (3) were added by Guj. 9 of 1978, s. 11.
10. This word was substituted for the word “Commissioner” by Bom. 28 of 1950, Sch.
Excise
duties.
XXX-
II of
1934.
VIII of
1878.
Manner of
levying
excise
duties.
46 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(i) by payment either in the 1[State] at the time of its import or in the 2[State]
or territory of export at the time of its export, or
(ii) by payment upon issue for sale from a warehouse established or licensed
under the provisions of this Act ;
(b) in the case of an excisable article exported by payment in the 1[State] at the
time of its export, or in the 2[State] or territory of import;
(c) in the case of excisable articles transported —
(i) by payment in the district from which they are transported, or
(ii) by payment upon issue for sale from a warehouse established or
licensed under the provisions of this Act ;
(d) in the case of spirit or beer manufactured in any distillery established or any
distillery or brewery licensed under this Act—
(i) by a rate charged upon the quantity produced in or issued from the dis-
tillery or brewery, as the case may be, or issued from a warehouse established or
licensed under this Act, or
(ii) by a rate charged in accordance with such 3[scale of equivalents] calcu-
lated on the quantity of materials used or by the degree of attenuation of the wash or
wort, as the case may be, as the 4[State] Government may prescribe;
(e) in the case of intoxicating drugs manufactured 5[in the State] by payment upon
the quantity produced or manufactured or issued from a warehouse established or
licensed under this Act :
Provided that where payment is made upon issue for sale from a warehouse estab-
lished or licensed under this Act, 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 permitted —
(i) to manufacture or import and to sell, or
(ii) to manufacture and export
country liquor or any intoxicant, such duty may be levied in consideration of the
joint privileges granted, as the Collector deems fi t.
6[107. The State Government may, by rules, prescribe the fees payable in respect of
any privilege, licence, permit, pass or authorisation granted or issued under this Act].
7[107A. Every person who imports or manufactures any of the articles mentioned in
section 24A shall—
(a) submit to the Collector within such period and in such form, as may be pre-
scribed, a declaration of the quantity of such articles in his possession on the importation
or manufacture of the said articles, as the case may be;
(b) maintain accounts of the articles in such form and submit such returns as may
be prescribed.
1. This word was substituted for the words ‘’pre-Reorganisation State of Bombay, excluding the transferred
territories” by Bom. 12 of 1959 s. 3.
2. This word was substituted for the word “Province” by the Adaptation of Laws Order, 1950.
3. These words were substituted for the words “sale of equivalents” by Bom. 22 of 1960 s. 68.
4. This word was substituted for the word “provinicial” by the Adaptation of Laws Order, 1950.
5. These words were substituted for the words “in pursuance of a licence granted under this Act” by Bom. 26
of 1952, s. 42.
6. Section 107 which inserted by Guj. 9 of 1978, s. 12 deleted by Bom. 22 of 1960, s. 69 was.
7. Sections 107 A and 107 B were inserted by Bom. 26 of 1952, s. 44.
Fees.
Declaration
of stock
of articles
mentioned
in section
24 A;
maintenance
of accounts
and submis-
sion of
returns.
1949 : Bom. XXV ] Gujarat Prohibition Act., 1949 47
107B.(1) The Collector or any offi cer empowered by the State Government in this
behalf may, subject to such conditions as may be prescribed,
(a) by order require any person liable to pay any excise duty or fee
under this Chapter to furnish him with any information or to produce before him
any accounts or other documents concerning any excisable article as may be neces-
sary for the purposes of this Chapter;
(b) inspect at all reasonable hours the accounts or other documents relating
to the stocks of any excisable article imported or manufactured or stored in respect
of which such duty or fee has been paid or is payable and any place where such
article is manufactured or stored;
(c) for reasons to be recorded in writing, enter any such place where he
knows or has reason to believe that any excisable article in respect of which such
duty or fee has not been paid is being imported or manufactured or stored and search
for the same and seize any stocks of such article found therein and detain the same
until such time as proof of payment of such duty or fee is produced or such further
time as may be necessary for taking action under section 98, 99, or 100
or for prosecuting for an offence under section108.
(2) Whoever—
(a) fails to furnish any information or produce any accounts or other
documents in compliance with an order made under clause (a) of sub-section (1) or
1[furnishes false information or produces false accounts or documents, or]
(b) obstructs, any offi cer making an inspection, entry, a search or a seizure
under clause (b) or clause (c) or sub-section (1),
shall, on conviction, be punished with imprisonment for a term which may
extended to six months or with fi ne which may extend to one thousand rupees or with
both.]
108. Whoever imports, exports, transports, possesses, 2[sells] or manufactures
any intoxicant or hemp without the payment of duty or fee provided for under this Act
shall on conviction, 3[in addition to being required to pay such duty or fee, be punished
with imprisonment for a term which may extend to one year or with fi ne which may extend
to one thousand rupees or the amount of such duty or fee, whichever is greater, or with
both.]
109. (1) For every toddy producing tree 4[which is tapped or licensed to be
tapped or in respect of which a licence for drawing toddy therefrom is granted] there
shall, if the 5[State] Government so directs, be levied for any period during which such
tree is tapped or licenced to be tapped, such duty as the 5[State] Government may from
time to time direct.
(2) Every licence 6[for the tapping of, and drawing toddy from, toddy producing
trees] granted under this Act shall specify in addition to any other particulars prescribed
under the provisions of this Act or rules or regulations—
(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,
(c) the instalments, if any, which and the period at which the said duty shall
be leviable.
1. These words were added by Bom. 22 of 1960, s. 70.
2. This word was inserted by Bom. 26 of 1952, s. 45 (1).
3. This portion was substituted for the words beginning with the words “be liable to the same punishment
and ending with the words “of this Act”, ibid., s. 45, (2)
4. These words were substituted for the words “from which toddy is drawn” by Bom. 22 of 1960, s. 71 (a).
5. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
6. These words were substituted for the words “for the drawing toddy” by Bom. 22 of 1960, s. 71 (b).
Power to
obtain infor-
matioa and
to search
and seize
excisable
articles.
Penalty for
import of
intoxicant,
etc., without
payment of
duty.
Duty on
tapping of
toddy trees.
48 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
110. The duty on toddy producing trees shall be leviable primarily from the person
holding the licence 1[to tap them and to draw toddy therefrom] and in default by him or if
the trees are tapped without licence, from the owner of the trees.
111. When the duty on toddy producing trees is levied 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
holders of their dues from their tenants.
112. The privilege of drawing toddy from trees the right to which vests in the
2[State] Government may be disposed of 3[*] by auction or otherwise on such terms as
the Collector deems fi t.
113. [Rules for levy of duty on opium, etc]. Deleted by Bom, 22 of 1960. s. 74.
4[114.(1) All duties, taxes, fi nes (except fi nes imposed by a Court ) and fees levi-
able under any of the provisions of this Act or in respect of any licence, permit, pass or
authorization granted under it, and the cost of the supervising staff appointed under section
58A, may be recovered from any person liable to pay the same or from his surety, if any, as
if they were arrears of land revenue.
(2) When any person, in compliance with any rule, regulation or order made under
this Act, gives a bond ( other than a bond under section 91 or 93 ) for the performance of
an act, or for his abstention from any act, such performance or abstention shall be deemed
to be a public duty within the meaning of section 74 of the Indian Contract Act, 1872; and
upon breach of the conditions of such bond by him, the whole sum named therein as the
amount to be paid in case of such breach may be recovered from him or from his surety
( if any ) as if it were an arrear of land revenue ].
CHAPTER IX.
POWERS AND DUTIES OF OFFICERS AND PROCEDURE.
5[115. 6[(1)] Notwithstanding anything contained in section 32 of the Code of
Criminal Procedure, 1898, it shall be lawfully for 7 *** any magistrate of the First Class
to pass any sentences authorized by this Act 8[except any sentence under section 65A] in
excess of his powers under section 32 of the said Code, provided that the fi ne shall not
exceed three thousand rupees.]
9[(2)] The provisions of the Code of Criminal Procedure,1973 shall apply for trials of
the offences under section 65A.]
10[115A. Notwithstanding anything contained in Code of Criminal Procedure, of
1898, an offence of consumption of any intoxicant or hemp specifi ed in clause (b) of
sub-section (1) of section 66, may be tried by a Magistrate having jurisdication either at the
place in which the offence was actually committed or at any place in the State in which the
offender may be found.]
1. These words were substituted for the words “to draw toddy” by Bom. 22 of 1960, s. 72.
2. This word was substituted for the word “Provincial” by the adaptation of laws orders, 1958.
3. The word “annually” was deleted, by Bom. 22 of 1960, s. 73
4. This section was substituted for the original ibid., s. 75.
5. This section was substituted for the original ibid., s. 76.
6. Section 115 was renumbered as sub-setcion (1) by Guj. 29 of 2011, s 7 (1).
7. The words “any Presidency Magistrate or” were omitted by the Gujarat Adaptation of Laws ( State and Con-
current Subjects ) Order, 1960./
8. These words, fi gures and letter were inserted by Guj. 29 of 2011, s. 7 (1).
9. Sub-section (2) was inserted by Guj 29 of 2011, s. 7 (2).
10. This section was inserted by Guj. 16 of 1964, s. 3.
Duty by
whom pay-
able.
Owener of
trees entitled
to assistance
for duty
paid.
Privilege
of drawing
toddy from
trees belong-
ing to Gov-
ernment.
Recovery of
duties, etc.
XI of
1872.
Magistrate’s
power to
impose
enhanced
penalties.
V of
1898.
Venue of
trial of
offence of
consump-
tion of
intoxicant
or hemp.
V of
1898.
1949 : Bom. XXV ] Gujarat Prohibition Act., 1949 49
H-2065—13
116. In all trials for offences under this Act, the Magistrate shall follow the
procedure prescribed in the Code of Criminal Procedure, 1898, for the trial of
summary cases in which an appeal lies.
1[116A. (1) Whenever two or more persons are prosecuted for an offence
under this Act, 2* * * any Magistrate of the First Class may, at any stage of the investigation
or inquiry into or the trial of offence, with a view to obtaining the evidence of any person
supposed to have been directly or indirectly concerned in, or privy to the offence, tender
a pardon to such person on condition of his making a full and true disclosure of all facts
within his knowledge relative to the offence.
(2) Every Magistrate, who tenders a pardon under sub-section (1), shall
record his reasons for so doing.
(3) Every person, accepting tender under this section shall be examined
as a witness in the Court of the Magistrate taking cognizance of the offence, and
in the subsequent trial, if any.
(4) The provisions of sections 339 and 339-A of the Code of Criminal
Procedure, 1898, shall apply to the trial of a person to whom pardon has been ten-
dered under this section as they apply to a person to whom pardon has been tendered
under section 337 or section 338 of that Code.
Explanation.—For the purposes of sub-section (4), the reference to the Public
Prosecutor in section 339 of the said code shall include a reference to any offi cer conduct-
ing a prosecution under this Act. ]
3[116B. Where in any trial for any offence of unlawful possession of liquor
under this Act, it is proved that the accused person was in the possession of any sealed
bottle bearing the original label indicating the name of any known brand of spirits, such as
whisky, brandy, rum, gin, club cup, liqueurs, miik punch, or of wines such as champagne,
moselle, burgundy, chianti, white wines, clarets, hocks, riesling, meceira, ginger-wine,
port type, port vermouth, sherry wincarnis, vibrona, manola, buckfast, tonic-wine or of
fermented liquors such as ale, beer, milk-stout (porter), cidar, and the name of its manufac-
turer it shall be presumed that the accused person was in possession of liquor.]
4[116C. It shall be the duty of the Prohibition Offi cer or the Police Offi cer who
has seized any liquor to forward immediately without any loss of time the sample of the
same to the Forensic Science Laboratory of the State for detailed analysis report].
117. Save as otherwise expressly provided in this Act, all investigations, arrests,
detentions in custody and searches shall be made in accordance with the provisions of the
Code of Criminal Procedure, 1898 :
Provided that 5[***** ] no search shall be deemed to be illegal by reason only of the
fact that witnesses for the search were not inhabitants of the locality in which the place
searched is situated.
6[117A. (1) If the Commissioner of Police or the District Superintendent of
Police, as the case may be, considers that in any gram, nagar, municipal borough or city, or
in any locality thereof it is necessary to have a list of local persons liable to serve as pancha
witnesses for searches made and for such other purposes connected with the investigation
of offences under this Act, the Commissioner of Police or the District Superintendent
of Police, as the case may be, may request the gram panchayat, the nagar panchayat, the
municipality, or the municipal corporation, of such gram, nagar, municipal borough or city
respectively to prepare and maintain such list for such gram, nagar, municipal borough,
city or any locality thereof, and thereupon it shall be the duty of such panchayat, munici-
pality or municipal corporation to prepare and maintain such list.
1. This section was inserted by Bom. 22 of 1960, s. 77.
2. The words “a Presidency Magistrate or” were omitted by the Gujarat Adaptation of aws ( State and
Concurrent Subjects ) Order, 1960.
3. Section 116-B was inserted by Guj. 9 of 1978, s. 13.
4. Section 116 C was inserted by Guj. 29 of 2011, s. 8.
5. The words beginning with the words “in any local area and ending with the words “ State Government” were
deleted by Born. 26 of 1952, s. 46.
6. Section 117 A was inserted by Guj. 9 of 1978, s. 14.
V of
1898.
Procedure to
be followed
by Magis-
trates
Tender of
pardon of
accomplice.
V of 1898.
No analysis
required for
known brand
of liquor.
Duty to send
sample to
laboratory.
V of 1898. Investiga-
tions, arrests
searches,
etc., how to
be made.
Mainte-
nance of
List of
Panchas.
50 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(2) The State Government shall, by rules, prescribe the age and qualifi cations of
persons who may be considered suitable for being included in any such list, the procedure
for preparing, publishing and maintaining such list and the period for preparing, publishing
and maintaining such list and the period for which such list shall remain in force.
(3) Every person whose name is included in such list shall, when so required by a
prohibition offi cer or a police offi cer, be bound to serve as a pancha witness. ]
1[118. In the absence of any provision to the contrary in this Act the provisions of
the Code of Criminal Procedure, 1898, with respect to cognizable offences shall apply to
offences under this Act.
119. Offences under 2[sections 65, 65A, 67, 67-1A and 68] shall be non-bailable. ]
3[120. The Director, Collector, or any Prohibition Offi er duly empowered in this
behalf by the State Government, or any Police Offi cer may—
(a) enter at any time by day or by night, any warehouse, godown, shop,
premises, house, building, vessel, vehicle or enclosed place in which he has
reason to believe that any intoxicant, hemp, mhowra fl owers, molasses, material or
article liable to confi scation under this Act is manufactured, kept or concealed or that
any still, utensil, implement or apparatus is used, kept, or concealed for the purpose
of manufacturing any intoxicant contrary to the provisions of this Act;
(b) in case of resistance, break, open any door and remove any other,
obstacle to his entry into any such warehouse, godown, shop, premises, house,
building, vessel, vehicle or enclosed place ;
(c) seize any intoxicant, hemp, mhowra fl owers or molasses and any material
used in the manufacture of any intoxicant and any still, utensil, implement or apparatus
and any other thing which he has reason to believe to be liable to confi scation under
this Act and any document or other article which he has reason to believe may furnish
evidence of the commission of any offence under this Act ; 4[* ]
5[(cc) destory any earthen pot or other receptacle found hanging on a toddy
producing tree, if he is satisfi ed that the person by whom or on whose behalf the
pot or receptacle is so hung is not known or cannot be found and he has reason to
believe that an offence specifi ed in clause (c) or (d) of sub-section (1) of section 66
is committed ; and ]
(d) detain and search and if he thinks proper arrest any person whom he has reason
to believe to be guilty of any offence under this Act.]
121. (1) Any Prohibition Offi cer duly empowered in this behalf by the 6[ State]
Government or any Police Offi cer may open any package and examin any goods and may
7[stop and search] for any intoxicant, hemp, mhowra fl owers, or molasses any vessel,
vehicle or other means of conveyance 8[and may seize any intoxicant, hemp, mhowra
fl owers, molasses or any other thing liable to confi scation or forfeiture under this Act or
any other law for the time being in force relating to excise revenue found while making
such search.]
1. These sections were substituted by Bom. 22 of 1960, s. 78.
2. These words, fi gures and letters were substituted for the words, fi gures and letter “sections 65, 67, 67-1A and
68’ by Guj. 29 of 2011, s. 9.
3. This section was substituted by Bom. 22 of 1960 s. 79.
4. The word “and” was omitted by Guj. 16 of 1964, s. 4 (1).
5. This clause was inserted, ibid., s. 4 (2).
6. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
7. These words were substituted for the words “stop or search” by Bom. 22 of 1960, s. 80(a).
8. These words were added by Bom. 26 of 1952, s. 47.
V of 1898.Procedure
of Code of
Criminal
Procedure
relating to
cognizable
offi ences to
apply.
Certain
offi ences
to benon-
bailable.
Power of
entry and
inspection.
Power to
open pack-
ages, etc.
1949 : Bom. XXV ] Gujarat Prohibition Act., 1949 51
(2) The unloading and carrying of goods, the bringing of them to the place
appointed under sub-section (3) for examination, the opening and repacking of them,
where such operations 1[are necessary for searches made] under this section and the
removing of goods to and placing of them in the place appointed under sub-section
(3) 2[ for examination or deposit], shall be performed by or at the expense of the
owner of such goods.
(3) The owner of goods or the persons in charge of the goods shall, if so
required by any offi cer conducting the search, take the goods 3[to a place appointed
4[in any area for which a Commissioner of Police has been appointed] and else-
where, by the District Magistrate] for the purpose of examination or deposit.
5[(4) The expenses incurred by the State Government for any of the purposes
mentioned in sub-section (2) may be recovered from the owner, or as the case may
be, the person in-charge, of the goods as arrears of land revenue.]
6[122 (1) The director or Collector or any prohibition offi cer duly empowered in this
behalf by the state government or any police offi cer may—
(a) require a licensed manufacturer or vendor or tapper or drawer of toddy or a
person in the employ of such manufacturer or vendor or tapper or drawer of toddy or
acting with this express or implied permission on his behalf to produce the licence,
permit, pass or authorisation issued under this Act under which he carries on the
manufacture, storage or sale of any intoxicant, hemp, mhowra fl owers or molasses or
taps toddy producing trees or draws toddy therefrom ;
(b) enter and inspect, at any time by day or by night, any land on which
toddy producing trees are growing, whether such trees are licensed for tapping or not,
and any warehouse, godown, shop or premises in which any licensed manufac-
turer or vendor manufactures, stores or sells any intoxicant, hemp, mhowra fl owers
or molasses and examine, test, measure or weight any stock of any such articles or
cause any such stock to be examined, tested, measured or weighed.
(2) If any offi cer mentioned in sub-section (1) fi nds that the holder
of a licence, permit, pass or authorisation issued under this Act or a person in the
employ of such holder or acting with his express or implied permission on his behalf
wilfully does or omits to do anything, which is an offence under this Act, such
officer may seize any intoxicant, hemp, mhowra fl owers or molasses or any mate-
rial or article in respect of which the offence is committed and any document or other
article which he has reason to believe may furnish evidence of the commission of an
offence under this Act and send a report to his offi cial superior for such action as he
deems fi t. ]
123. (1) Any Prohibition Offi cer authorized by the 1[State] Government in this
behalf or any Police Offi cer may—
(a) arrest without warrant any person whom he has reason to believe to be
guilty of an offence under this Act ;
(b) seize and detain any intoxicant, hemp, mhowra fl owers or molasses or
other articles which he has reason to believe to be liable to confi scation or forfeiture
under this Act 8[and seize any document or other article which he has reason
to believe may furnish evidence of the commission of an offence under this Act ].
1. These words were substituted for the words ‘‘ are necessary to be made” by Bom. 22 of 1960. s. 80 (b) (i).
2. These words were substituted for the words “for deposit”, ibid., s. 80 (b) (ii).
3. These words were substituted for the words “to a place appointed by the District Magistrate, or the Com-
missioner of Police, Bombay” ibid., s. 80 (c).
4. These words were substituted for the words.’in Greater Bombay by the Commissioner of Police, Bombay”
by the Gujarat Adaptation of Laws ( State and Concurrent Subjects ) Order, 1960.
5. This sub-section was substituted by Bom. 22 of 1969, s. 80 (d).
6. This section was substituted ibid., s 8.
7. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
8. These words were added by Bom. 22 of 1960, s. 82.
Power to
require
production
of licences.
Arrest of
offend-
ers and
seizure of
contraband
articles.
52 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(2) Any Prohibition Offi cer authorised by the 1[State] Government under this
section who arrests any person under sub-clause (a), or siezes and detains any article
under sub-clause (b), of sub-section (1) shall forward such person or article, as the case
may be, without unnecessary delay to the offi cer in-charge of the nearest Police Station.
124. (1) The 2[Director], or Collector or any Prohibition Offi cer specially
empowered in this behalf by the 1[State] Government or a Police Offi cer may, by order
require any person to furnish to any specifi ed authority or person any such information in
his possession concerning any intoxicant, hemp, mhowra fl owers or molasses as may be
specifi ed in the order.
(2) If any person fails to furnish any information in compliance with
the order made under sub-section (1) or furnishes false information, he shall, on
conviction, be punished with imprisonment for a term which may extend to six
months or with fi ne which may extend to fi ve hundred rupees or with both.
125. The 2[Director], Collector or any Prohibition Offi cer duly empowered in this
behalf or any Police Offi cer may—
(a) seize in any open place, or in transit any intoxicant, hemp, mhowra
fl owers or molasses or any other thing which he has reason to believe to be liable
to 3[confi scation or forfeiture ] under this Act or any other law for the time being
in force relating to excise revenue 4[and any document or other article which he has
reason to believe may furnish evidence of the commission of an offence under this
Act;]
(b) detain and search any person whom he has reason to believe to be
guilty of any offence against this Act or any other law for the time being in force
relating to excise revenue, and if such person has any intoxicant, hemp mhowra
fl owers, molasses or 5[other thing ] in his possession, arrest him.
126. The 2[Director], Collector, or any Prohibition Offi cer duly empowered in this
behalf by the 5[ State] Government or any Police Offi cer may arrest without an order
from a Magistrate and without warrant any person who obstructs him in the execution of
his duties under this Act or who has escaped or attempts to escape from custody in which
he has been or is lawfully detained under this Act.
127. (1) When any person who in the presence of the 2[ Director], Collector or
any Prohibition Offi cer not below such rank as the 5 [State] Government may determine,
as committed or has been accused of committing an offence under this Act, refuses on
demand of such offi cer to give his name and residence or gives a name and residence
which such offi cer has reason to believe to be false, he may be arrested by such offi cer,
in order that his name or residence may be ascertained.
(2) When the true name and residence of such person have been ascertained,
he shall be released on his executing a bond with or without sureties, to appear before
6[a Magistrate having jurisdiction ] when so required :
Provided that if such person is not resident in 7[India], the bond shall be secured by
a surety or sureties residing in 7[ India ].
(3) If the true name and residence of such person is not ascetrained within twenty
four hours from the time of the arrest, or if he fails to execute the bond, or if so required, to
furnish suffi cient sureties, he shall forthwith be forwarded to the nearest Magistrate having
jurisdiction.
1. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2. This word was substituted for the word “Commissioner” by Bom. 28 of 1950, Seh.
3. These words were substituted for the word “confi scation” by Bom. 22 of 1960, s.83 (a).
4. These words were added, ibid.,
5. These words were substituted for the words “any other thing “, ibid., s. 83(b).
6. These wotds were substituted for the words ‘‘a magistrate” by Bom. 21 of 1954, s. 3, Second Schedule.
7. This woids was substituted for the words “the Dominion of India” by the Adaptation of Laws Order, 1950.
Power to
obtain infor-
mation
Power to
seize intoxi-
cants, etc.
Arrest with-
out warrant.
Arrest of
offenders
failing to
give names.
1949 : Bom. XXV ] Gujarat Prohibition Act., 1949 53
H-2065—14
128. (1) The 1[Director], Collector or any Prohibition Offi cer duly empowered in
this behalf 2[* * * * *] or a Magistrate or a District Superintendent of Police
or an Assistant or Deputy Superintendent of Police specially empowered by the 3[ State ]
Government in this behalf may issue a warrant—
(a) for the arrest of any person whom he has reason to believe to have com-
mitted an offence under this Act or any other law relating to the excise revenue for
the time being in force;
(b) for the search, whether by day or by night, of any building vehicle or
place in which he has reason to believe that any intoxicant, hemp, 4[*] mhowra
fl owers or molasses are manufactured or sold or stored or that any toddy is drawn,
contrary to the provisions of this Act or that any intoxicant, hemp 5[mhowra fl ow-
ers, molasses ] or other thing liable to confi scation or forfeiture under this Act or
any other law for the time being in force relating to the excise revenue is kept or
concealed 6[ and for the seizure of such intoxicant, hemp, 4[**], mhowra fl owers,
molasses or such other thing found in such building, vehicle or place ].
(2) All warrants issued under sub-section (1) shall be executed in accord-
ance with the provisions of the Cods of Criminal Procedure, 1898, by a Police
Offi cer or a Prohibition Offi cer duly empowered in this behalf or if the offi cer
issuing the warrant deems fi t, by any other person.
7[128-A. The provisions of sections 80, 98, 99, 103(1), 104, 120, 121, 122, 123, 124,
125 128, 135 and 139 shall apply to 8[denatured spirituous preparations, rotten gur or am-
monium chloride] as they apply to any intoxicant under this Act.]
129. (1) The 3[State] Government may empower any Prohibition Offi cer to
investigate offences under this Act.
(2) An offi cer empowered under sub-section (1) shall in the conduct of
such investigation exercise the powers conferred by the Code of Criminal
Procedure, 1898, upon an offi cer-in-charge of a Police Station for the investigation
of cognizable offences.
(3) Any Prohibition Offi cer to whom such offi cer is subordinate may, during
the course of the investigation, take over the investigation himself or direct any other
Prohibition Offi cer duly empowered to conduct the same. The offi cer in conducting
the investigation shall have the same power under sub-sections (1) and (2), as if he
were the Porhibition Offi cer appointed for the area or for the purpose of investigating
the said offence.
(4) If the Prohibition Offi cer conducting the investigation is of opinion that
there is not suffi cient evidence or reasonable ground of suspicion to justify the for-
warding of the accused to a Magistrate, or that the person arrested may be discharged
with a warning, such offi cer shall release him on his excepting a bond with or with-
out sureties, to appear, if and when so required, before a Magistrate empowered to
take cognizance of the offence, and shall make a full report of the case to his offi cial
superior and be guided by the order which he shall receive on such report.
1. This word was substituted for the word “Commissioner” by Bom. 28 of 1950, Sch.
2. The words “or in Greater Bombay, Deputy Commissioner of Police or a Superintendent of Police in charge
of a Division” which were inserted by Bom. 26 of 1952, s. 48(1) were omitted by the Gujarat Adaptation of
Laws ( State and Concurrent Subjects ) Order, 1960.
3. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4. The word “opium” was deleted by Bom. 22 of 1960, s. 84.
5. These words were substituted for the words “or opium” ibid., s. 84.
6. These words were inserted by Bom. 26 of 1952, s. 48 (2).
7. Section 128-A was substituted by Bom. 22 of 1960, s. 85.
8. These words were substituted for the words “denatured spirituous preparations” by Guj. 9 of 1978, s. 15.
Issue of war-
rants.
V of
1898.
Certain
provisions
to apply to
denatured
spirituous
prepartions.
Prohibition
Offi cers
may be em-
powered to
investigation
offences.
V of 1898.
54 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(5) The powers of any offi cer empowered under this section shall be subject
to such other modifi cations or restrictions as the 1[ State ] Government may deem fi t.
2[129 A. (1) Where in the investigation of any offence under this Act, any Prohibition
Offi cer duly empowered in this behalf by the State Government or, any Police Offi cer, has
reasonable ground for believing that a person has consumed an intoxicant and that for the
purpose of establishing that he has consumed an intoxicant or for the procuring of evidence
thereof it is necessary that his body be medically examined, or that his blood be collected
for being tested for determining the percentage of alcohol therein, such Prohibition Offi cer
or Police Offi cer may produce such person before a registered medical practitioner (au-
thorised by general or special order by the State Government in this behalf) for the purpose
of such medical examination or collection of, blood and request such registered medical
practitioner or furnish a certifi cate on his fi nding whether such person as consumed any
intoxicant, and to forward the blood collected by him for test to the Chemical Examiner or
Assistant Chemical Examiner to Government, or to such other offi cer as the State Govern-
ment may appoint in this behalf.
(2) The registered medical practitioner before whom such parson has been
produced shall examine such person and collect and forward in the manner pre-
scribed the blood of such person, and furnish to the offi cer by whom such person has
been produced, a certifi cate in the prescribed form containing the result of his ex-
amination. The Chemical Examiner or Assistant Chemical Examiner to Government,
or other offi cer appointed under sub-section (1), shall certify the result of the test of
the blood forwarded to him, stating therein, in the prescribed form, the percentage of
alcohol, and such other particulars as may be necessary or relevant.
(3) If any person offers resistance to his production before a registered medi-
cal practitioner under sub-section (1) or on his production before such practitioner
to the examination of his body or to the collection of his blood, it shall be lawful to
use all means reasonably necessary to secure the production of such person or the
examination of his body or the collection of blood necessary for the test.
(4) If the person produced is a female, such examination shall be carried out
by, and the blood shall be collected by or under the supervision of a female registered
medical practitioner authorised by general or special order, by the State Government
in this behalf, and any examination of the body, or collection of blood of such female
shall be carried out or made with strict regard to decency.
(5) Resistance to production before a registered medical practitioner as
aforesaid, or to the examination of the body under this section, or to the collection
of blood as aforesaid, shall be deemed to be an offence under section186 of the
Indian Penal Code.
(6) Any expenditure incurred for the purpose of enforcing the provisions
of this section including any fees payable to a registered medical practitioner or the
Offi cer appointed under sub-section (1) shall be defrayed out of moneys provided by
the State Legislature.
(7) If any Prohibition Offi cer or Police Offi cer vexatiously and unreason-
ably proceeds under sub-section (1), he shall, on conviction, be punished with fi ne
which may extend to fi ve hundred rupees.
(8) Nothing in this section shall preclude the fact that the person accused
of an offence has consumed an intoxicant from being proved otherwise than in
accordance with the provisions of this section.
129 B. Any document purporting to be :—
(a) a certifi cate under the hand of a registered medical practitioner, or the Chem-
ical Examiner or Assistant Chemical Examiner to Government, under section 129 A or of
an offi cer appointed under sub-section (1) of that section, or
1. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2. Sections 129 A and 129 B were inserted by Boru. 12 of 1959, s. 16.
Power to
require
persons to
submit to
medical
examination,
etc.
XLV of
1860.
Documents
or reports of
registered
medical
parctitioner
etc. as
evidence.
1949 : Bom. XXV ] Gujarat Prohibition Act., 1949 55
(b) a report under the hand of any registered medical practitioner in any
hospital or dispensary maintained by the State Government or a local authority, or
any other registered medical practitioner authorised by the State Government in this
behalf, in respect of any person examined by him or upon any matter or thing duly
submitted to him for examination or analysis and report,
may be used as evidence of the facts stated in such certifi cate, or as the case may be,
report, in any proceedings under this Act; but the court may if it thinks fi t, and shall,
on the application of the prosecution or the accused person, summon and examine
any such person as to the subject matter of his certifi cate or, as the case may be, re-
port.]
130. Every person arrested and thing seized by a Prohibition Offi cer under this Act
shall be sent to the offi cer-in-charge of the nearest Police Station 1[or to any other offi cer
duly empowered under section 129 if the Director in any particular case has directed such
offi cer to conduct the investigation of the offence. ]
131. (1) Any Prohibition Offi cer empowered to investigate an offence under
this Act shall have power to grant bail in accordance with the provisions of the Code of
Criminal Procedure, 1898, to any person arrested without a warrant for an offence under
this Act.
(2) When any person has been arrested under section 126, a Prohibition Of-
fi cer empowered to investigate offence under this Act shall have power to grant bail
in accordance with the provisions of the Code of Criminal Procedure, 1898.
132. 2[ When anything has been seized, under the provisions of this Act by a
Prohibition Offi cer exercising powers under section 129 or by an Offi cer in-charge of a
Police Station], or has been sent to him in accordance with the provisions of this Act, such
offi cer, after such inquiry as may be deemed necessary,—
(a) if it appears that such thing is required as evidence in the case of any
person arrested, shall forward it to the Magistrate to whom such person is forwarded
or for his appearance before whom bail has been taken,
(b) if it appears that such thing is liable to confi scation but is not required
as evidence as aforesaid, shall send it with a full report of the particulars of seizure
to the Collector,
(c) if no offence appears to have been committed shall return it to the person
from whose possession it was taken.
133. Every offi cer of the 3[ Government ] and every offi cer or servant of a local
authority, shall be 4[legally bound to assist any Prohibition Offi cer or ] police offi cer or
person authorised in this behalf in carrying out the provisions of this Act.
6[ 134. Every village offi cer or servant useful to Government, every offi cer of the state
Government, and (with the consent of the Central Government) every offi cer of the
Customs and Central Excise Departments, and every offi cer or servant of a local authority,
and the Sarpanch of a village panchayat constituted under the Bombay Village Panchayats
Act. 1958, shall be bound —
1. This portion was added by Bom. 22 of 1960, s. 86.
2. These words were substituted for the words ‘’When anything has been seized by a Prohibition Offi cer other
than the Collector or Director under the provisions of this Act” ibid., s. 87.
3. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
4. These words were substituted for the words “legally bound to assist any” by Bom. 22 of 1960, s. 88 (a).
5. These words were substituted for the words “offi cials of all departments” ibid., s . 88 (b).
6. Sections 134 and 135 were substituted ibid s. 89.
Arrested
persons and
things seized
to be sent
to offi cer-in
charge of
Police Sta-
tion.
V of 1898.
Bail by
Prohibition
Offi cer.
V of 1898.
Article
seized.
Duty of
5[offi cer of
Govern-
ment]
and local
authorities to
assist.
Offi ences to
be reported.
Bom. III of
1959.
56 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(a) to give immediate information at the nearest Police Station or to any
offi cer or person authorised in this behalf of the commission of any offence and of
the intention or preparation to commit any offence under this Act which may come
to their knowledge ;
(b) to take all reasonable measures in their power to prevent the commission
of any such offence which they may know or have reason to believe is about or
likely to be committed.
135. Every person who owns or occupies any land or building, or who is a landlord
of an estate residing in the village, and the agent of such owner, occupier or landlord of the
land, building, or estate, as the case may be, on or in which there has been any unlaw-
ful tapping of toddy producing trees or unlawful manufacture of any liquor or intoxicating
drug or unlawful cultivation or collection of hemp, and every owner of a vessel or vehicle
in which liquor or intoxicating drug is manufactured contrary to the provisions of this Act,
shall, in the absence of reasonable excuse, be bound to give notice of the same to a Magistrate
or to a Prohibition Offi cer or to a Police Offi cer immediately the same shall have come to
his knowledge].
136.[Power to arrest and make orders detaining or restricting movements or actions
of persons.] Deleted by Bom. 26 of 1952, s. 50.
CHAPTER X.
APPEALS AND REVISION.
137. (1) All orders passed by any Prohibition Offi cer other than the Collector or
1[Director] under this Act, shall be appealable to the Collector at any time within sixty days
from the date of the order complained of.
(2) All orders passed by the Collector and 1[Director] shall be appealable to
the 1[Director] and the 2[State] Government respectively at any time within ninety
days from the date of the order complained of :
Provided that no appeal shall lie against an order passed by the 1[Director] on appeal.
(3) Subject to the foregoing provisions, the rules which the 2[State] Gov-
ernment may make in this behalf shall apply to appeals under this section.
3[138. The State Government may call for and examine the record of any proceeding
before any Prohibition Offi cer, including that relating to the grant or refusal of a licence,
permit, pass or authorization under this Act, for the purpose of satisfying itself as to the
correctness, legality or propriety of any order passed in, and as to the regularity of, any
such proceeding and may, when calling for such record, direct that the order be not given
effect to pending the examination of the record. On examining the record, it may either
annul, reverse, modify or confi rm such order, or pass such other order as it may deem
fi t.]
CHAPTER XI.
MISCELLANEOUS.
139. 4[(1)] Notwithstanding anything contained in this Act or the rules made
thereunder, the 2[State] Government may, by general or special order,—
(a) prohibit the grant of any kind of licences, permits, passes or authorizations
throughout the 5[State] or in any area ;
1. This word was substituted for the word ‘’Commissioner” by Bom. 28 of 1950, Sch.
2. This word was substituted for the word “Provincial” by the Adaptation of Laws Orders, 1950.
3. This Section was substituted by Bom. 22 of 1960, s. 90.
4. Section 139 was renumbered as sub-section (1), ibid., s. 91 (1).
5. This word was substiuted for the words “Pre-reorganisation State of Bombay, excluding the transferred
territories” by Bom. 12 of 1959, s.3 .
Landlords
and others to
give infor-
mation.
Appeals.
Revision.
General
poweres of
2[State]
Government
in respect
of licences,
etc.
1949 : Bom. XXV ] Gujarat Prohibition Act., 1949 57
H-2065—15
(b) regulate the import, export, transport, possession, sale, purchase, con-
sumption or use of any intoxicant, hemp, mhowra fl owers, molasses or any arti-
cle which is likely to be used for the manufacture of an intoxicant with or without
licence, permit, pass or authorization throughout the 1[State] or within the limits of
any local area subject to such conditions 2[as it may impose];
3[(c) exempt any person or institution or any class of persons or institutions
from all or any of the provisions of this Act or from all or any of the rules, regula-
tions or orders made thereunder or from all or any of the conditions of any licence,
permit, pass or authorization granted thereunder, subject to such conditions as it may
impose;
(d) exempt any intoxicant or class of intoxicants, denatured spirituous
preparation, hemp, mhowra fl owers or molasses from all or any of the provisions of
this Act or from all or any of the rules, regulations or orders made thereunder, subject
to such conditions as it may impose ;
(d1) remit or refund wholly or partially any fee in respect of any privilege,
licence, permit, pass or authorization granted under this Act or any duty on toddy
producing trees or any excise or countervailing duty or fee leviable under this Act on
any intoxicant, hemp, mhowra fl owers or molasses from any person or institution or
from a class of persons or institutions or exempt any person or institution or class of
persons or institutions from the payment of such duty or fee, subject to such condi-
tions as it may impose;]
(e) prescribe the maximum number of licences, permits, passes or authoriza-
tions of any kind which may be granted in any area or to any class of persons ;
(f) prescribe the number of places at which any intoxicant specifi ed in such
order, 4[denatured spirituous preparation], hemp, mhowra fl owers or molasses may
be sold in any area, the location of such places in any area, the days and hours during
which such places may or may not be kept open, the number of such places in respect
of which licences for sale may be granted and the number of such places which may
be 5[ managed by the State Government departmentally;]
(g) direct that no licence, permit, pass or authorization of the kind specifi ed
in such order shall be granted without the previous approval of the 6[State] Govern-
ment or also direct any additions or alterations to be made to or in the conditions
subjects to which under any other provisions of this Act, such licence, permit, pass
or athorization can be granted;
(h) prescribe the maximum quantity of any intoxicant, 7[denatured spiritu-
ous preparation], hemp, mhowra fl owers or molasses which may be sold in any area
or at any place ;
8[(i) prescribe in respect of any place or area, the maximum number of
toddy producing trees for tapping which or for drawing toddy from which licence or
licences may be granted;]
9[(j) prescribe the procedure for the disposal of any shop or shops authorised
to sell any intoxicant, denatured spirituous preparation, hemp, mhowra fl owers or
molasses under this Act and the procedure to be followed before granting any licence
or licences;]
1. This word was substituted for the words “pre-Reorganisation State of Bombay, excluding the transferred ter-
ritories” by Bom. 12 of 1959, s.3 .
2. These words were substituted for the words “and for such periods as it deems fi t” by Bom. 22 of 1960, s. 91
(1) (a).
3. Clauses (c), (d) and (dl) were substituted clauses (c) and (d), ibid., s. 91 (l) (b).
4. These words were inserted, ibid., s. 91(1) (c) (i)
5. These words were substituted for the words “managed by the Excise Department” ibid, s. 91 (l) (c) (ii).
6. This word was substituted for the word “Provincial” by the Adaptation of laws Order, 1950.
7. These words were inserted by Bom. 22 of 1960, s. 91(1) (d).
8. Clause (i) was substituted ibid., s. 91 (1) (e).
9. This clause was substituted ibid., ibid, s. 91 (1) (f).
58 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(k) direct that before granting licences, auctions may be held, tenders called
for or offers received and that licences shall be granted 1[subject to such conditions
as may be prescribed] to persons whose bids, tenders or offers are accepted by the
Collector;
(l) specify the persons or class of persons 2[to whom licences may or may
not be granted] and in cases in which auctions are held, the person or classes of per-
sons who may or may not be peimitted to offer bids at such auctions;
(rn) direct that licences of the kind specifi ed in such order shall be granted
to persons specifi ed in such order ; and
(n) issue such other instructions in any matter pertaining to the grant or
otherwise of licences, permits passes or authorizations under this Act, as the 3[State]
Government may deem proper.
4[(2) An order made under sub-section (1) shall, if it is of a general nature or
affecting a class of persons, be notifi ed in the Offi cial Gazette.]
140. The 3[State] Government may, by general or special order, prohibit, regulate,
or control, subject to such conditions as may be specifi ed in the order, the consumption or
use of any intoxicant or hemp, in any public place.
141. (1) If the 3[State] Government is satisfi ed that the inhabitants of any area
concerned in the commition or abetment of any of the offences punishable under sections
5[65, 66, 66A, 67, 67-1A, 67 C, 68. 69 and 70] the 3[State] Government may, by notifi cation
in the Offi cial Gazette, direct the employment of additional police 6[in that area] for such
period as it thinks fi t.
(2) The cost of such additional police shall, if the 1[State] Government so directs,
be either in whole or in part defrayed by a tax imposed on the persons herein below
mentioned, or by a rate assessed on the property of such persons, or both by a tax and by a
rate so imposed and assessed, and charged—
(a) either generally on all persons who are inhabitants of the local area to
which such notifi cation applies ; or
(b) specially on any particular section or sections or class or classes of
such persons, and the 3[State] Government may direct the proportions in which such
tax or rate shall be charged.
Explanation. — For the purposes of this section “inhabitants” shall include persons
who themselves or by their agents or servants occupy or hold land or other immov-
able property within such area, and landlords who themselves or by their agents or
servants collect rents or revenue direct from rayats or occupiers in such area, not-
withstanding that they do not actually reside there in.
(3) It shall be lawful for the 1[State] Government to extend, for a term not
exceeding in any case fi ve years, the period for the payment of such tax or rate be-
yond the period for which such additional police are actually employed.
7[(4) The provisions of sub-sections (4) to (7) of section 50 of the Bombay
Police Act, 1951, shall apply mutatis mutandis to the recovery of such tax or
rate. ]
1. These words were inserted by Bom. 22 of 1960, s. 91 (1) (g).
2. These words were substituted for the words “to whom licences may not be granted ibid., s. 91 (1) (h).
3. This word was substituted for the word “Provincial” by the Adaption of Laws Order, 1950.
4. This sub-section was added by Bom. 22 of 1960 s. 91 (2).
5. These fi gures, letters and word were substituted for the fi gures and word “65 to 69”, ibid., s. 92 (a).
6. These words were inserted ibid., s. 92 (b).
7. This sub-section was substituted for sub-sections (4) and (5) by Bom. 64 of 1954, s.3.
Power of
3[State]
Government
to prohibit,
regulate,
or control
consumption
or use or
intoxicants,
etc., in pub-
lic place.
Employment
of additional
Police.
Bom.
XXII of
1951.
1949 : Bom. XXV ] Gujarat Prohibition Act., 1949 59
1[142.(/) If the Collector is of opinion that it is in the interest of public peace to
close any place in which any intoxicant or hemp is sold, it shall be lawful for the Collector
by an order in writing to the person holding a licence for the sale of such intoxicant or hemp
to require him to close such place at such time or for such period as may be specifi ed in the
order.
(2) If a riot or unlawful assembly is imminent, or takes place, it shall be
lawful for any Executive Magistrate or Police Offi cer who is present to direct that
such place shall be closed and kept closed for such period as he thinks fi t, and
in the absence of any Executive Magistrate or Police Offi cei the person referred to
in sub-section (1) shall himself close such place.
(3) Any order given under this section shall be fi nal. ]
143. (1) The 2[State] Government may make rules for the purpose of carrying’ out
the provisions of this Act or any other law for the time being in force relating to excise
revenues.
(2) In particular and without prejudice to the generality of the foregoing pro-
visions, the 2[State] Government may make rules,—
(a) regulating the delegation of any powers by the 3[Director], by the Collec-
tor, or by any other Prohibition Offi cer ;
(b) regulating the import, export, transport, 4[collection], sale, purchase,
5[bottling], consumption, use or possession of any intoxicant, 6[denatured
spirituous preparation] or hemp, mhowra fl owers or molasses ;
7[(bb) regulating the possession, manufacture, use and consumption of rotten
gur and the possession, manufacture and use of ammonium chloride;]
(c) regulating the manufacture of any intoxicant 8[ or denatura spiritu-
ous preparation];
(d) regulating the cultivation and collection of hemp ;
(e) regulating the tapping of toddy producing trees and drawing of toddy
therefrom;
(f) regulating the grant, suspension or cancellation of licences, permits,
passes or authorizations for the import, export, transport, 9[collection, sale, purchase],
possession, manufacture, 10[bottling,] consumption, use or cultivation of any of the
above articles mentioned in 11[12[clauses (b) and (bb) ] and for the matters specifi ed
in clause (e )];
(g) regulating the periods and localities for which the licences may be grant-
ed for the wholesale or retail vend of any of the above articles mentioned in 13[clauses (b)
and (bb) ] ;
1. This section was substituted by Bom. 22 of 1960, s. 93.
2. This word was substituted for the word ‘’ Provincial’ by the adaptution of laws order, 1950.
3. This word was substituted for the word “Commissioner”by Bom. 28 of 1950 sch.
4. This word was inserted by Born. 26 of 1952, s. 51 (1)
5. This word was inserted by Bom. 22 of 1960, s. 94 (1) (a).
6. These words were inserted, ibid.
7. Clause (bb) was inserted by Guj. 9 of 1978, s. 16 (1).
8. These words were added by Bom. 22 of 1960, s. 94 (1) (b).
9. These words were inserted by Bom. 26 of 1952, s. 51 (2) (a).
10.
11. These words, brackets and letters were substituted for the words brackets & letters, “clauses (b) and (c),” ibid.,
s. 51 (2) (b).
12. These words, brackets and letters were substituted for the word, brackets & letter, “clause (b)” by Guj. 9 of
1978, s. 16 (2).
13. These words, brackets and letters were substituted for the word, brackets and letter, “clause (b)” ibid, s. 16 (3).
Power of
Collector to
close places
where
intoxicant or
hemp is sold
in certain
cases.
Power of
3[State]
Government
to make
rules.
60 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(h) providing for the consulting of public opinion and prescribing the pro-
cedure to be followed and the matters to be ascertained before any licence, permit,
pass or authorization for the vend, consumption or use of any of the above articles
mentioned in 1[clauses (b) and (bb) ] is granted to any person or in any locality ;
2[(h1) prescribing the restrictions under which and the conditions on which
any licence, permit, pass or authorization may be granted including—
(i) the prohibition of the admixture with any intoxicant of any substance
deemed to be noxious or objectionable ;
(ii) the fi xing of the strength, price or quantity in excess of or below which
any intoxicant or mhowra fl owers shall not be sold or supplied, and the quantity in
excess of which denatured spirit, denatured spirituous preparation or molasses
shall not be possessed or sold and the prescription of a standard or quality for any
intoxicant, denatured spirituous preparation, mhowra fl owers or molasses ;
(iii) the prohibition of sale of any intoxicant, 3[denatured spirituous prepara-
tion, hemp, rottern gur or ammonium chloride] except for cash;
(iv) the prescription of the days and hours during which any licensed prem-
ises may or may not be kept open and provisions for the closure of such premises on
special occasions;
(v) the prescription of the nature of the premises on which any 4[intoxi-
cant, rotten gur or ammonium chloride ] may be sold and the notices to be exposed
at such premises;
(vi) the prescription of the accounts to be maintained and the returns to be
submitted by licence holders or permit holders;
(vii) the regulation or prohibition of the transfer of licences;
(viii) the writing of the names and addresses and the taking of signatures
of purchasers in the register of sale of any intoxicant, hemp, 5[mhowra fl owers,
molasses, rotten gur or ammonium chloride ] or any article the sale or purchase of
which is regulated by clause (b) of sub-section (1) of section 139;
(h2) (i) declaring the processes by which spirits shall be denatured
in particular areas, or for particular purposes;
(ii) for causing such spirits to be denatured through the agency or under
the supervision of the Government Offi cers and for the payment of charges for such
supervision;
(iii) for ascertaining whether such spirits have been denatured. ]
(i) prohibiting and regulating the employment by the licence hoder of any
person or classes of persons to assist him in his business in any capacity whatsoever.
1. These words, brackets and letters were substituted for the word, brackets and letter “clause (b)” ibid, s. 16 (4).
2. Clauses (hl) and (h2) were inserted by Bom. 22 of 1960, s. 94 (1) (d).
3. Th ese words were substituted for the words “denatured spirituous preparation or hemp” by Guj. 9 of 1978, s. 16
(5) (a).
4. Th ese words were substituted for the word “intoxicant”, ibid., s. 16 (5) (b).
5. These words were substituted for the words “Mhowra fl owers or molasses” idbi., s. 16 (5)(c).
1949 : Bom. XXV ] Gujarat Prohibition Act., 1949 61
H-2065—16
(j) prescribing the manner in which the juice from a coconut, brab, date or
any kind of palm trees is to be treated for the purposes of preventing of formenta-
tion ;
1[(k) prescribing the persons or classes of persons to whom any intoxicant,
denatured spirituous preparation, hemp, 2[ mhowra fl owers, molasses, rotten gur or
ammonium chloride ] may or may not be sold or who may or may not be allowed
to sell, purchase or use any of these articles;]
(l) for the prevention of drunkenness, gambling or disorderly conduct in or
near any licensed premises and the meeting and remaining of persons of bad charac-
ter on such premises;
3[(L-1) prescribing the occasions on which special orders may be granted for
the sale by retail of larger quantities of liquor or intoxicating drugs, of opium than
those which are prescribed in any notifi cation issued under this Act and the condi-
tions on which such sales may be made;
(L-2) prescribing the amount of security to be deposited by the holder of any
licence, permit, pass or authorization for the performance of the conditions for the
same;
(L-3) providing for the maintenance by the holders of licences, permits, passes
or authorizations of the registers of sales, purchases, possession, consumption or use
and the particulars to be entered in the register;]
4[m) regulating the grant of rewards or expenses to offi cers, informants
or persons giving information or assistance in the detection or investigation of
offences under this Act, and of compensation to persons charged with offences
punishable under this Act and acquitted;]
(n) regulating the printing, publishing or otherwise displaying or distrib-
uting any advertisement or other matter 5*soliciting the use of, or offering any
6 [ intoxicant, hemp, rotten gur or ammonium chloride] or calculated to encourage
or incite any individual or class of individuals or the public generally to commit an
offence under this Act or to commit a breach or evade the provisions of any rule or
order made thereunder or the conditions of any licence, permit, pass or authorization
issued thereunder ;
(o) regulating within the State the circulation distribution or sale of newspa-
per, news-sheet, book, leafl et, booklet or other publication 8[ printed and published
outside the State containing any advertisement or matter which 9[* * * *] solicites
the use of, or offers any 10[intoxicant, hemp, rotten gur or ammonium chloride],
11 * * * ;
12[(p) imposing restrictions and conditions on buyers of intoxicant, dena-
tured spirituous preparation, hemp, 13[mhowra fl owers, molasses, rotten gur or
1. This clause was substituted Bom. 22 of 1960, s. 94 (/) (e).
2. These words were substituted for the words “mhowra fl owers or molasses” by Guj. 9 of 1978, s. 16 (6).
3. Clauses (L-1) (L-2) and (L-3) were inserted by Bom. 22 of I960, s. 94 (1) (/),
4. This clause was substituted ibid., s. 94 (1) (g).
5. The word “commending” was deleted by Bom. 26 of 1952, s. 51 (3) (a).
6. These words were substituted for the words “intoxicant or hemp “by Guj. 9 of 1978, s. 16 (7).
7. This word was substituted for the words “Pre-reorganisation State of Bombay, excluding the transferred
territories” by Bom. 12 of 1959, s. 3.
8. These words were substituted for the words, “whether printed or published” by Bom. 26 of 1952, s. 51 (4) (a).
9. The words “is prescribed or which commends” were deleted, ibid,, s. 51(4)(b).
10. These words were substituted for the words “intoxicant, or hemp” by Guj. 9 of 1978,s. 16 (8).
11. The words “to be forfeited to the State Government” were deleted by Bom. 26 of 1952, s. 51 (4) (e)
12. This clause was substituted for the original by Bom. 22 of 1960, s. 94 (1) (h).
13. These words were substituted for the words, “Mhowra Flowers “ by Guj. 9 of 1978, s. 16 (9).
62 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
ammonium chloride ] or any article the purchase of which is regulated by clause (b) of
sub-section (1) of section 139 including provision for compelling them to sign entries
pertaining to the purchase by them of any of these articles ; ]
1 [* * * * * *]
(r) regulating the taking of 2[samples of molasses, rotten gur or ammonium
chloride ] ;
3[r1] prescribing the constitution of committees, Boards and Medical Boards or pan-
els thereof and the procedure regarding their work;]
(s) prescribing the powers, functions and duties of Prohibition Offi cers, 4[ Boards,
Committees ] and 5[Medical Boards or Panels thereof ] and the fees and allowances
payable to the members of the 4[ Boards, Committees ] and 5[ Medical Boards or panels
thereof; ]
6[ (t ) prescribing the procedure regarding the work of Board of Experts ;
7[(t1) prescribing conditions of through transport under section 29;]
(u) prescribing the fees payable in respect of any privilege, licence, permit, pass or
authorization granted or issued under this Act;
8[(uu) prescribing the other persons, other institutions or the circumstances under
clause (b) of sub-section (3) of section 66 ;]
9[uuu) prescribing the form of the bond, nature of the community service, and the
terms and conditions subject to which such service shall be rendered and medical treatment
to which person shall be subject under sub-section (1) of section 92].
(v) prescribing the period within which and the form in which a declaration under
section 107A shall be submitted, and the form in which account shall be maintained ; ]
10[(w) prescribing the manner of collecting and forwarding blood and prescribing the
form of certifi cates, and the other particulars required to be stated therein under sub-section
(2) of section 129A. ]
(3) The power to make rules under this section shall be subject to the condition of
previous publication :
Provided that any such rules may be made without previous publication if the
11[State] Government considers that they should be brought into force at once.
12[ (4) All rules made under this Act shall be laid for not less than thirty days before
13 [* *] the State Legislature as soon as may be after they are made, and shall be
subject to such modifi cations as the State Legislature may make during the session in
which they are so laid or the session immediately following. ]
1. Clause (q) was deleted by Bom. 22 of 1960, s. 94 (l)(i).
2. These words were substituted for the words “sample of molasses” by Guj. 9 of 1978, s. 16 (10).
3. This clause was inserted by Bom. 22 of 1960, s. 94 (1) (j).
4. These words were substituted for the word “Committees”, ibid., s. 94 (1) (k)
5. These words were substituted for the word “Medical Boards” ibid.
6. Clauses (t) to (v) were substituted for clause (t) by Bom. 26 of 1952, s. 51(5).
7. This clause was inserted by Bom. 22 of 1960, s. 94 (1) (1).
8. This clause was inserted by Bom. 12 of 1959, s. 17 (a).
9. Clause (uuu) was inserted by Guj. 21 of 2003, s.3.
10. This clause was added by Bom. 12 of 1959, s. 17 (b).
11. This word was substituted” for the word “Provincial” by the Adaptation of Laws Order, 1950.
12. This sub-section was inserted by Bom. 22 of 1960, s. 94 (2).
13. The words “each house of” were omitted by the Gujarat Adaptation of Laws ( State and Concurrent Subjects )
Order, 1960.
1949 : Bom. XXV ] Gujarat Prohibition Act., 1949 63
144. (1) The 1[Director] may make regulations, not inconsistent with the provi-
sions of this Act, or rules.—
(a) regulating, as the case may be, the 2* supply or storage of any intoxicant,
3[denatured spirituous preparation] or hemp, 4[mhowra fl owers, molasses, rotten gur
or ammonium chloride ] including—
(i) the erection, inspection, supervision, management and control of any
place for the manufacture, supply or storage of such article, and the fi ttings, implements
and apparatus to be maintained therein;
5 [* * * * *]
(b) regulating the deposit of any intoxicant, hemp, 6 [*] 7 [mhowra fl owers,
molasses, rotten gur or ammonium chloride ] in a warehouse and the removal of such
articles from any such warehouse or from any distillery or brewery ;
8 [* * * *]
(d) prescribing the scale of fees or the manner of fi xing the fees payable in
respect 9[* *] of any storage of any intoxicant, hemp, 6 * 10 [mhowra fl owers,
molasses, rotten gur or ammonium chloride ] ;
(e) regulating the time, place and manner of payment of any duty or fees ;
8 [* * * *]
(h) providing for the destruction or other disposal of any intoxicant
declared to be unfi t for use
(i) regulating the disposal of confi scated or forfeited articles ;
8 [* * * *]
(m) regarding any other matter which the 12 [State] Government may, by
notifi cation in the Offi cial Gazette, direct him to prescribe for the purpose of carry-
ing out the provisions of this Act.
(2) The regulations made under this section shall be published in the
Offi cial Gazette.
145. All offi cers and persons empowered to exercise any powers or to perform
any functions under this Act shall be deemed to be public servants within the meaning of
section 21 of the Indian Penal Code.
146. No suit or proceeding shall be lie against the 13[Government] or against any
prohibition, Police, or other offi cers or against any person empowered to exercise powers
or to perform functions under this Act, for anything in good faith done or purporting to
be done under this Act.
14[146 A.(1) All prosecutions of any Prohibition, Police or other offi cers, or of any
persons empowered to exercise powers or to perform functions under this Act, and all
actions which may be lawfully brought against the Government or any of the aforesaid
offi cers or persons, in respect of anything done or alleged to have been done in ‘pursuance
of this Act, shall be instituted within four months from the date of the act complained of,
and not afterwards ; and any such action shall be dismissed.—
1. This word was substituted for the word “Commissioner” by Bom. 28 of 1950, Sch.
2. The word “manufacture” was deleted by Bom. 22 of 1960, s. 95 (a) (i).
3. These words were inserted, ibid., s. 95 (a) (ii).
4. These words were substituted for the words “mhowra fl owers or molasses” by Guj. 9 of 1978, s. 17 (1).
5. Sub-clauses (ii) to (v) were deleted by Bom. 22 of I960, s. 95 (a) (iii).
6. The word , ‘opium”, was deleted, ibid., s. 95 (b).
7. These words were substituted for the words “mhowra fl owers or molasses” by Guj 9 of 1978, s. 17(2).
8. Clauses (c), (f), (g), (j), (k) and (l) were deleted, ibid., s, 95 (c).
9. The words beginning with the words “of any privilege” and ending with the words “authorisation or “ were
deleted by Bom. 26 of 1952, s. 52 (1).
10. These words were substituted for the words “mhowra fl owers or molasses” by Guj. 9 of 1978, s. 17 (3).
11. This word was substituted for the word “ Provincial” by the Adaptation of Laws Order 1950.
12. This word was substituted for the word “Crown”, ibid.
13. Sections 146A and 146B were inserted by Bom. 22 of 1960, s. 96.
1[Director]s
power to make
regulations.
Offi cers
and pesons
acting under
this Act to
be public
servants.
XLV of
I860.
Bar of Pro-
ceeding
Limitation
of prosecu-
tions or
suits against
offi cers.
64 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(a) if the plaintiff does not prove that, previously to bringing such action,
he has presented all such appeals allowed by this Act, or by any other law for the
time being in force, as within the aforesaid period of four months it was possible to
present ; or
(b) in the case of an action for damages, if tender of suffi cient amends shall
have been made before the action was brought, or if after the institution of the
action a suffi cient sum of money is paid into Court with costs, by or on behalf of
the defendant.
(2) Subject to the provisions of section 197 of the Code of Criminal Pro-
cedure, 1898, no Court shall take cognizance of an offence committed or alleged
to have been committed by any Prohibition, Police or other offi cer or any person
empowered to exercise powers or to perform functions under this Act, in regard to
anything done under this Act, until the sanction of the Collector having jurisdiction
has been obtained.
146B. Save in so far as may be expressly provided in any rule, regulation or order
made under this Act, nothing in this Act shall apply in respect of any intoxicant, denatured
spirituous preparations, hemp. 1[mhowra fl owers, molasses, rotten gur or ammonium
chloride ] which are the property and in the possession of the Government. ]
147. For removal of doubts it is hereby declared that nothing in this Act shall be
deemed to apply to any intoxicant or other article in respect of its import or export across
the customs frontiers. 2* * * *
148. (1) The enactments specifi ed in Schedule I are hereby repealed to the
extent specifi ed in the fourth column thereof and those specifi ed in Schedule II are hereby
amended to the extent specifi ed in the fourth column thereof.
(2) But nothing in this Act, or any repeal or amendment made thereby shall affect
or be deemed to affect —
(i) any right, title, obligation or liability already acquired, accrued or
incurred before the commencement of this Act ;
(ii) any legal proceeding or remedy in respect of any right, title, interest,
obligation or liability or anything done or suffered before the commencement
of this Act and any such proceeding shall be continued and disposed of, as if
this Act was not passed ;
(iii) the levy of any duties under section 29A of the Bombay Abkari
Act, 1878, and the recovery of any duties or fees leviable under any other
provisions of the Acts hereby repealed, and all such duties or fees shall be
levied or recovered, as the case may be, as if this Act was not passed.
(3) Any appointment, notifi cation, notice, order, rule or form made or issued under
any of the enactments repealed by this Act shall continue to be in force and deemed to have
been made, granted or issued under the provisions of this. Act, in so far as such appointment,
notifi cation, notice, order, rule or form is not inconsistent with the provisions of this Act,
1. These words were substituted for the words “mhowra fl owers or molasses” by Guj. 9 of 1978, s.18.
2. The words “as defi ned by the Dominion Government” were deleted by Bom. 26 of 1952, s. 53.
V of
1898.
provisions
of Act not
to apply to
Government.
Provisions
of the Act
not to apply
to import
or export
across
customs
frontier.
Repeal and
amendments
Bom. V
of 1878.
1949 : Bom. XXV ] Gujarat Prohibition Act., 1949 65
H-2065—17
unless and until it is superseded by any appointment, notifi cation, notice, order, rule or
form made or issued undar this Act, notwithstanding the fact that the authority competent
to make or issue such notifi cation, notice, order, rule or form is different from that authorized
in the enactments repealed and notwithstanding also that such notifi cation, notice, order,
rule or form was made or issued in a different form or name.
(4) Any licence, permit, pass, authorization or permission granted or issued under
any of the enactments repealed by this Act shall continue to be in force and shall be deemed
to have been granted or issued under the corresponding provisions of this Act.
l[ 149. 2[ * ] On the commencement of this Act in any area of the State to which
it is extended by the Bombay Prohibition ( Extension and Amendment) Act, 1959, the
Acts mentioned in Schedule III and in force in that area, shall, to the extent specifi ed in
the fourth column thereof, stand repealed :
Provided that such repeal shall not affect—
(a) the previous operation of any Acts so repealed or anything duly done
or suffered thereunder, or
(b) any right, privilege, obligation or liability acquired, accured or under
any Acts so repealed, or
(c) any penalty, forfeiture or punishment incurred in respect of any offence
committed against any Acts so repealed,
(d) any investigation, legal proceeding or remedy in respect of any such
right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid,
And such investigation, legal proceeding or remedy may be instituted, contin-
ued or enforced, and any such penalty, forfeiture or punishment may be imposed, as
if those Acts had not been repealed :
Provided further that,
(a) any licence, permit, pass, authorisation or permission granted or
issued under any of the Acts so repealed shall continue to be in force and shall be
deemed to have been granted or issued under the corresponding provisions of this
Act ; and
(b) notwithstanding the repeal of any of the Acts aforesaid, for all pur-
poses in connection with the liability for, and the levy assessment and collection or
refund of, any tax, duty or fee (including any penalty) leviable,—
(i) under the provisions of section 27A of the Central Provinces and Berar
Excise Act, 1915, or
(ii) under section 112A of the Bombay Prohibition Act, 1949 as in force in
the Saurashtra area, or
(iii) before the commencement of this Act in any area under any provisions
of any of the Acts repealed by this section,
the relevant Acts repealed (including all rules, regulations, notifi cations and orders made or
issued thereunder ) shall nevertheless continue in force for all such purposes ; and all such
taxes, duties and fees shall be levied, assessed collected refunded and penalty imposed and
paid, as the case may be, as if those relevant Acts had not been repealed. ]
1. This section was inserted by Bom. 12 of 1959, s. 18.
2. The brackets and fi gure “(1)” were deleted by Bom. 22 of 1960, s. 97.
Further
repeals and
savings con-
sequent on
commence-
ment of
Bom. XXV
of 1949 in
other areas
of State.
Bom.
XII of
1959
C. P. and
Berar II
of 1915.
Bom.
XXV of
1949.
66 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
1 * * *
SCHEDULE I
( See section 148. )
Year No. Short title Extent of repeal
1 2 3 4
2[* * * * *]
1878 V The Bombay Abkari Act, 1878. All the provisions except
section 29-A
1947 XXX The Bombay Molasses Act, 1947. The whole.
SCHEDULE II
( See section 148. )
Year No. Short title Extent of Amendments
1 2 3 4
1890 IV The Bombay District 1. Section 46 —
Police Act, 1890. (a) in sub-section (4), for clauses (ii)
and (iii), the following clause shall
be substituted, namely :—
“ (ii) section 65 or 68 of the
Bombay Prohibition Act, 1949”;
(b) in sub-section (6) for the words
and fi gures “under the Bombay
Abkari Act, 1878, or the Opium
Act, 1878” the words and fi gures
“ under the Bombay Prohibition
Act, 1949” shall be substituted.
2. Section 61 AA shall be deleted.
1. Schedule I-A which was inserted by Bom. 12 of 1959 s. 19(1) was omitted by the Gujarat Adaptation of
Laws ( State and Concurrmt Subjects) Order, 1960.
2. This item was deleted by Bom. 12 of 1959, s. 19 (2).
Bom.
XXV
of 1949.
Bom.
XXV
of 1949.
1949 : Bom. XXV ] Gujarat Prohibition Act., 1949 67
SCHEDULE II—(contd.)
Year No. Short title Extent of Amendments
1 2 3 4
1902 IV The City of Bombay 1. In section 27—
Police Act, 1902.
(a) in sub-section (2), for the words
and fi gures “under the Bombay
Abkari Act, 1878, or the Opium Act,
1878” the words and fi gures “ under
the Bombay Prohibition Act, 1949”
shall be substituted ;
(b) in sub-section (2-A), for clauses
(ii) and (iii), the following clause
shall be substituted, namely :—
“ (ii) section 65 or 68 of the
Bombay Prohibition Act, 1949”.
2. Section 122A shall be deleted.
1[1951 XXII The Bombay Police In section 57,—
Act, 1951.
(a) in clause (b), in sub-clause (ii),
the portion beginning with the words
and fi gures “or under section 65 or
68 of that Act” and ending with the
fi gures “1938” shall be deleted.,
(b) in clause (c), for the words
“aforesaid Prohibition Acts”, the
words and fi gures “ Bombay
Prohibition Act, 1949” shall be
substituted. ]
1. This entry was added by Bom. 22 of 1960, s. 98.
Bom,
XXV
of
1949.
Bom,
XXV
of
1949.
Bom,
XXV
of
1949.
68 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
1[SCHEDULE III
( See section 149 )
Year No. Short title Extent of repeal
1 2 3 4
1878 … I The Opium Act, 1878 in its application The whole.
to the State of Bombay.
1915 … II The Central Provinces and Berar Excise All the provisions
Act, 1915. except section 27 A.
1938 … VII The Central Provinces and Berar The whole.
Prohibition Act, 1938.
1316F … I The Abkari Act. The whole.
1338F … IV The Hyderabad Intoxicating Drugs Act. The whole.
1949 … XXV The Bombay Prohibition Act, 1949, as All the provisions
in force in the Saurashtra area of the State except section 112A.
of Bombay.
1949 … XXV The Bombay Prohibition Act, 1949, as The whole.]
in force in the Kutch area of the State
of Bombay.
1. Schedule III was added by Bom. 12 of 1959, s. 19 (3)
-----------------
GOVERNMENT PRESS, VADODARA.
PRINTD AT THE GOVERNMENT PRESS, VADODARA.
01 Tital -Index-(1-8)
02 Chp-1 (1-36)
03 Chp-2 (37-68)
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