LexThe Gujarat Prohibition Act, 1949.
Gujarat · state statute
Open in Lexace · Ask the AI about this actGOVERNMENT 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,
V adodara, 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,
V adodara, 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. De fi nitions. 2
CHAPTER II.
E
STABLISHMENT.
3. Director of Prohibition and Excise. 7
4. Collectors. 7
5. Subordinate of fi cers. 8
6. Investigeting of fi 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 Of fi cers and other Offi cers. 9
10. Delegation. 9
CHAPTER III.
P
ROHIBITIONS.
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
C
ONTROL, 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 of fi 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
C
ONTROL 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
O
FFENCES 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 Of fi 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 con fi scation. 42
99. Return of things liable to con fi scation to bona fi de owners. 42
100. Procedure in con fi scation. 43
101. Power of Collector, etc., to order sale or destruction of articles liable to con fi 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
E
XCISE 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 of fi 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 of fi cer-in-charge of police station. 55
131. Bail by Prohibition Of fi cer. 55
132. Articles seized. 55
viii Gujarat prohibition Act, 1949 [1949 : Bom. XXV
SECTIONS. PAGE NO.
133. Duty of of fi 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
A
PPEALS 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. Of fi cers and persons acting under this Act to be public servants. 63
146. Bar of proceedings. 63
146A. Limitation of prosecutions or suits against of fi 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] P ROHIBITION ACT, 1949]+
[20th May 1949.]
Adapted and modi fi 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 modi fi ed by the Bombay Adaptation of Laws (State and
Concurrent Subjects) Order, 1956.
Amended by Bom. 12 of 1959.
,, ,, ,, ,, 22 of 1960.
Adapted and modi fi 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
P
RELIMINARY
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 noti fi 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 noti fi 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 noti fi 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 of fi 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 of fi cer appointed as the Director of Prohibition and
Excise under section 3, and includes any of fi 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 pro fi 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 unmodi fi 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 un fi 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 noti fi 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 con fi 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 noti fi cation in the Offi cial Gazette,
declare that any speci fi 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 de fi 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 noti fi 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 noti fi 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 arti fi 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 “recti fi 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) “Of fi cer in charge of a Police Station” includes—
1[ * * * * * ]
(b) 2[**] the of fi cer in charge of a police station as de fi 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 de fi 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 of fi cer” includes the 8[Director], Collector or any of fi 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 of fi 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 de fi 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 un fi 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 de fi 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.
E
STABLISHMENT.
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 of fi 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 of fi 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 of fi cer of the Police depart-
ment or any of fi cers of any other department, either personally or in right of his of fi 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 un fi 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 ofExcerpt shown. Open the full act in Lexace.