LexThe KARNATAKA PROHIBITION ACT, 1961
Karnataka · state statute
Open in Lexace · Ask the AI about this actTHE KARNATAKA PROHIBITION ACT, 1961
ARRANGEMENT OF SECTION
Statement of Object and Reasons
Sections:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
ESTABLISHMENT AND CONTROL
3. Prohibition Commissioner.
4. Deputy Commissioner.
5. Subordinate officers.
6. Investing officers of other departments with powers and duties under this Act.
7. Board of Experts.
8. Committees.
9. Medical Boards.
10. Control of Commissioner over Prohibition Officers and other Officers.
11. Delegation.
CHAPTER III
PROHIBITION
12. Prohibition of the manufacture of, traffic in and consumption of liquors and
intoxicating drugs.
13. Alterations of denatured spirit or denatured spirituous preparations.
14. Prohibition of soliciting use of intoxicant or hemp or doing any kind of action
calculating to incite or encourage member of public to commit offence.
15. Prohibition of publication of advertisements relating to intoxicants, etc.
16. This Chapter not to apply to certain articles.
CHAPTER IV
CONTROL, REGULATION AND EXEMPTION
17. Power to notify exemptions.
18. Establishment of distilleries and warehouses for intoxicants or licensing
manufacture of intoxicants.
19. Intoxicating drug or hemp not to be removed from warehouse.
20. Passes for import, etc.
21. Passes for through consignments.
22. Licences for possession of denatured spirit, rectified spirit and alcohol for
industrial or medicinal purposes.
23. Licences for bona fide medicinal or other purposes.
24. Licence for purchase, etc., of liquor for manufacture of articles mentioned in
section 16.
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25. Licence for tapping for neera.
26. Licences for tapping toddy in specified areas.
27. Trade and import licences.
28. Vendors’ licences.
29. Licences to ship companies and to masters of ships.
30. Permission to use or consume foreign liquor on war ships, troop ships and in
messes and canteens of Armed Forces.
31. Permits to foreigners residing temporarily in India.
32. Health permits.
33. Emergency permits.
34. Special permits to foreign sovereigns, etc.
35. Permits to be non-transferable.
36. Authorisation for sacramental purposes.
37. Tourists’ Permits.
38. Interim Permits.
39. Regulation of use or consumption of foreign liquor by certain Permit-holders.
40. Licence for consumption or use of intoxicating drugs.
41. Regulation of sale, etc., of ware housed intoxicants or hemp.
42. Regulation of import, export, etc., of mhowra flowers.
43. Control and export, etc., of molasses.
44. General conditions regarding licences, etc.
45. Power to cancel or suspend licences and permits.
46. Holder of licence, etc., not entitled to compensation or refund of fee, for
cancellation or suspension.
47. Cancellation for other reasons.
48. Right to title or interest under licence not liable to be sold or attached in
execution.
49. Control and regulation of articles mentioned in section 16 to prevent their use
as intoxicating liquor.
50. Analysis of articles mentioned in section 16.
CHAPTER V
EXCISE DUTY
51. Excise duties.
52. Manner of levying excise duties.
53. Power to exempt, remit or refund excise duty.
54. Declaration of stock of articles mentioned in section 16.
55. Power to obtain information and to search and seize excisable articles.
56. Omitted.
57. Recovery of duties, etc.
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CHAPTER VI
PENALTIES AND OFFENCES
58. Penalty for illegal import, etc., of intoxicants or hemp.
59. Penalty for illegal cultivation and collection of hemp and other matters.
60. Penalty for alteration or attempt to alter denatured spirit or denatured
spirituous preparation.
61. Penalty for manufacture of articles mentioned in section 16 in contravention of
provisions of section 49.
62. Penalty for failure to satisfy the Commissioner under sub-section (1) or to
comply with a requisition under sub-section (2) of section 50.
63. Penalty for illegal import, etc., of mhowra flowers.
64. Penalty for illegal import, etc., of molasses.
65. Penalty for printing or publishing advertisement relating to intoxicants or
circulating newspapers, etc., containing such advertisements.
66. Penalty for inciting or encouraging certain acts.
67. Penalty for non-compliance with order made under section 55.
68. Penalty for import, etc., of intoxicant without payment of duty.
69. Penalty for misconduct of licensee, etc.,
70. Penalty for misconduct by licensed vendor or manufacturer.
71. Liability of licensee for acts of servants.
72. Import, export, etc., of intoxicant by any person on account of another.
73. Penalty for attempt or abetment.
74. Breach of licence, permit, etc., to be an offence.
75. Penalty for conspiracy.
76. Penalty for being drunk and for disorderly behaviour.
77. Penalty for allowing any premises to be used for the purpose of committing an
offence under this Act.
78. Penalty for chemist, druggist, etc., for allowing his premises to be used for the
purpose of consumption of liquor.
79. Penalty for issuing false prescriptions.
80. Penalty for maliciously giving false information.
81. Punishment for vexatious search, seizure or arrest.
82. Punishment for vexatious delay.
83. Punishment for abetment of escape of persons arrested.
84. Penalty for offences not otherwise provided for.
CHAPTER VII
SPECIAL RULES OF EVIDENCE AND PROCEDURE REGARDING
TRAIL OF OFFENCES
85. Presumption as to commission of offence in certain cases.
86. Documents or reports of registered medical practitioners, etc., as evidence.
87. Procedure to be followed by Magistrates.
88. Offences to be cognizable and non-bailable.
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89. Compounding of offences.
90. The Probation of Offenders Act, 1958, and section 562 of the Code of Criminal
Procedure, 1898, not to apply to persons convicted under this Act.
91. Demand for security for abstaining from commission of certain offences.
92. Demand for security for good behaviour.
93. Execution of bonds in respect of minors.
94. Things liable to confiscation.
95. Return to bona fide owners.
96. Procedure in confiscation.
97. Power to order sale or destruction.
98. Forfeiture of publication containing prohibited advertisements.
CHAPTER VIII
POWERS AND DUTIES OF OFFICERS IN THE MATTER OF DETECTION AND INVESTIGATION OF
OFFENCES
99. Powers of entry and inspection.
100. Power to open packages, etc.
101. Power to require production of licence, etc.
102. Power to obtain information.
103. Power to seize intoxicant, etc.
104. Arrest of offender and seizure of contraband article.
105. Arrest without warrant.
106. Arrest of offenders failing to give names.
107. Issue of warrant.
108. Prohibition officers may be empowered to investigate offences.
109. Power to require person to submit to medical examination, etc.
110. Arrested person or thing seized to be sent to nearest Police Station.
111. Bail by a Prohibition Officer.
112. Articles seized.
113. Landlords and others to give information.
114. Offence to be reported.
CHAPTER IX
APPEALS AND REVISIONS
115. Appeals and Revisions.
116. Revision.
CHAPTER X
MISCELLANEOUS
117. Officers and persons acting under this Act to be public servants.
118. Bar of proceedings.
119. Prohibition Officer deemed Police Officer for purposes of section 125 of
Evidence Act.
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120. Proceeding in case of default of person admitted on bail to appear before
Prohibition Officer.
121. Employment of additional Police.
122. Closing of shops.
123. General powers of State Government in respect of licences, etc.
124. Power of State Government to make rules.
125. Rules, regulations, etc., to be laid before State Legislature.
126. Commissioner’s powers to make regulations.
127. This Act not applicable to import or export across customs frontier.
128. Offences by companies, etc.
129. Repeal and savings.
130. Power to remove difficulties.
SCHEDULE A
SCHEDULE B
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STATEMENT OF OBJECTS AND REASONS
I
Act 17 of 1962.- After Re-organisation of the States on 01.11.1956, there were
four different Prohibition Acts in force in the different areas in the New Mysore State,
viz., in the Old Mysore Area, Bombay Karnataka Area, Madras Karnataka area and
Coorg, respectively as noted below:-
(1) The Mysore Prohibition Act 1948 (Mysore Act XXVII of 1948).
(2) The Bombay Prohibition Act 1949 (Bombay Act XXV of 1949).
(3) The Madras Prohibition Act, 1938 (Madras Act X of 1938).
(4) The Coorg Prohibition Act, 1956 (Coorg Act 1 of 1956).
There was, however, no Prohibition Act in the Hyderabad Karnataka Area, as the
entire area was wet. But, as Prohibition was introduced in Bidar District of
Hyderabad Karnataka area form 01.07.1959, the Mysore Prohibition Act, 1948, had
to be extended to that area by an Ordinance in the first instance and then a regular
Bill was got passed in the Legislature and thus the Mysore Prohibition Act is now in
force in the Hyderabad Karnataka Area.
The existence of different sets of laws in different areas causes considerable
administrative and procedural difficulties and also inconveniences in the proper
implementation of Prohibition on a uniform analysis throughout the State. Therefore,
with a view for having a uniform law for the entire new Mysore State, a uniform
Prohibition Bill has been prepared and it replaces the various Prohibition Acts
referred to above.
(Obtained from Legislative File No. LAW 48 LGN 59).
II
Amending Act 10 of 1967. —The Government of India, in the Ministry of Home
Affairs, while communicating the assent of the President to the Mysore Prohibition
Bill (which has now become the Mysore Prohibition Act, 1961) have conveyed
observations of the Government of India relating to the administration of the Act for
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consideration of State Government and have also suggested certain amendments to
the Act.
In order to implement the decision taken by the Government in the light of public
opinion to effect changes in the policy of prohibition, it is considered necessary to
take power to exclude the operation of the Act in specified areas of the State and to
extend the operation of the Mysore Excise Act, 1965, to such areas.
Hence this Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 25th May
1957, at page. 45.)
* * * *
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1[KARNATAKA ACT]1 No. 17 OF 1962
(First published in the 1[Karnataka Gazette]1 on the Nineteenth day of April, 1962.)
THE
1
[KARNATAKA]1 PROHIBITION ACT, 1961
(Received the assent of the President on the Twelfth day of April, 1962.)
(As amended by Karnataka Act 10 of 1967)
An Act to amend and consolidate the law relating to the promotion and
enforcement of and carrying out the policy of prohibition in the 1[State of Karnataka]1.
WHEREAS it is expedient to amend and consolidate the law relating to the
promotion and enforcement of and carrying out the policy of prohibition of
consumption except for medicinal purposes of intoxicating drinks and drugs and to
provide for certain other purposes hereinafter appearing;
BE it enacted by the 1[Karnataka State]1 Legislature in the Twelfth Year of the
Republic of India as follows:—
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the
1[Karnataka]1 Prohibition Act, 1961.
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
(2) It extends to the whole of the 1[State of Karnataka]1.
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
(3) It shall come into force at once in the areas in which any of the
enactments mentioned in Schedule A is in force immediately prior to the
commencement of this Act.
(4) (a) This section, section 2 and section 15 shall come into force at once in
the whole of the 1[State of Karnataka]1.
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
( b) The other provisions of this Act shall come into force in such area of the
1[State of Karnataka] 1 other than the areas in which this Act comes into
force under sub-section (3), on such 2[date]2 as the State Government
may, by notification, specify.
1. Adapted by the Karnataka Adaptatio ns of Laws Order 1973 w.e.f. 1.11.1973
2. Notification bringing the Act into force in Other areas of the State is not available
1[(5) Notwithstanding anything contained in sub-sections (3) and (4), the State
Government may, by notification, declare that the provisions of this Act other than
this section and sections 2 and 15 shall cease to be in force in any area on such date
as may be specified in such notification, and thereupon the 2[Karnataka]2 Excise Act,
1965 2[Karnataka]2 Act 21 of 1966) and the rules, orders and notifications made or
issued or deemed to be made or issued thereunder shall extend to such area and
shall come into force therein with effect on and from such date, and this Act other
than this section and sections 2 and 15, shall stand repealed in such area and the
provisions of section 6 of the
2[Karnataka]2 General Clauses Act, 1899, shall apply
accordingly:
Provided that the issue of a notification under this sub-section shall not
preclude the State Government from issuing a notification under clause ( b) of sub-
section (4) bringing the provisions of this Act into force in such local area.]1
1. Inserted by Act 10 of 1967 w .e.f. 24.8.1967
2. Adapted by the Karnataka Ad aptations of Laws Order 1973
2. Definitions.—In this Act, unless the context otherwise requires,—
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1 [(1) ‘alcohol’ means ethyl alcohol of any strength and purity having the
chemical composition C2H5CH:]1
1. Inserted by Act 10 of 1967 w .e.f. 24.8.1967
1 [(1A)]1 “authorisation” means an authorisation granted under section 36 for
use, or for manufacture for use, of liquor for sacramental purposes;
1. Re-numbered by Act 10 of 1967 w .e.f. 24.8.1967
(2) “to bottle”, with its various grammatical variations means to transfer
any article from a cask or other vessel to a bottle, jar, flask, pot or similar receptacle
for the purpose of sale, whether any process of manufacture be employed or not; and
“bottling” includes rebottling;
(3) “Commissioner” means the Prohibition Commissioner appointed under
section 3;
(4) “Committee” means any of the committees appointed by the State
Government under section 8;
(5) “country liquor” includes all liquor produced or manufactured in India;
(6) “cultivation” includes the tending or protecting of a plant and does not
necessarily imply raising it from seed;
(7) ( a) “denatured” means subjected to a process prescribed for the
purpose of rendering unfit for human consumption;
(b) “denatured spirituous preparation” means any preparation made
with denatured spirit or alcohol and includes liquors, French
Polish, Thinners and varnish prepared out of such spirit or
alcohol;
(8) “Deputy Commissioner” means the Deputy Commissioner of a District,
or any person appointed under sub-section (3) of section 4 to exercise all or any of
the powers or to perform all or any of the duties of a Deputy Commissioner under this
Act;
(9) “to drink”, with its grammatical variations, means to drink liquor or to
consume any intoxicating drug;
(10) “excisable article” means,-
( a)any alcoholic liquor for human consumption;
( b)any intoxicating drug;
( c)opium;
( d) other narcotic drugs, narcotics and non-narcotic drugs, which the
State Government may, by notification, declare to be an excisable
article;
(11) “excise duty” and “countervailing duty” means such excise duty or
countervailing duty, as the case may be, as is mentioned in entry 51 in List II in the
Seventh Schedule to the Constitution;
(12) “excise revenue” means rev enue derived or derivable from any duty,
fee, tax, fine (other than a fine imposed by a Court of law) or confiscation or forfeiture
imposed or ordered under the provisions of this Act or of any other law for the time
being in force relating to intoxicants;
(13) “export” means to take out of the State otherwise than across a
customs frontier;
(14) “foreign liquor” includes all liquors other than country liquor:
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Provided that the State Government may, by notification declare that any specified
description of country liquor shall, for the purpose of this Act, be deemed to be
foreign liquor;
(15) “hemp” means any variety of the Indian hemp plant ( Cannabis Sativa
or Indica) from which intoxicating drugs can be produced;
(16) “import” means to bring into the State otherwise than across a
customs frontier;
(17) “intoxicant” means any liquor or any intoxicating drug or any other
substance which the State Government may, by notification, declare to be an
intoxicant;
1[(18) ‘intoxicating drugs’ means,-
(i)the leaves, small stalks and flowering or fruiting tops of the Indian
hemp plant (Cannabis Sativa or Indica) including all forms known
as bhang, siddi or ganja;
(ii)charas, that is, the resin obtained from the Indian hemp plant,
which has not been submitted to any manipulations other than
those necessary for packing and transport;
(iii)any other intoxicating or narcotic drug or substance, which the
State Government may, by notification, declare to be an
intoxicating drug, for the purposes of this Act, such drug or
substance not being opium, cocoa leaf or manufactured drug, as
defined in section 2 of the Dangerous Drugs Act, 1930 (Central
Act 2 of 1930);
(iv)any mixture with or without neutral materials of any of the above
forms of intoxicating drug or any drink prepared therefrom;]1
1. Substituted by Act 10 of 1967 w .e.f. 24.8.1967
(19) “liquor” includes spirits of wine, denatured spirits, wine, beer, toddy
and all liquids consisting of or containing alcohol, and any other intoxicating
substance, which the State Government may, by notification, declare to be liquor for
the purpose of this Act;
(20) “manufacture” includes,-
( a)every process, whether natural or artificial by which any liquor or
intoxicating drug is produced, prepared or blended and also re-
distillation and every process for the rectification of liquor; but
does not include flavouring, blending or colouring of liquor or
intoxicating drug lawfully possessed for private consumption,
and
( b)every process of producing and drawing of toddy from trees;
(21) “mhowra flower” means the flower of passialatifolla ( Ippe), but does
not include the berry or seed of the mhowra tree;
(22) “molasses” means the heavy, dark-coloured residual syrup drained
away in the final stage of the manufacture of jaggery or sugar containing in solution
or suspension, sugars which can be fermented and includes any product formed by
the addition to such syrup of any ingredient which does not substantially alter the
character of such syrup; but does not include any article which the State Government
may, by notification, declare not to be molasses, for the purposes of this Act;
(23) “notification” means a notification published in the official Gazette;
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(24) “permit” means a permit granted under the provisions of this Act and
the expression “permit holder” shall be construed accordingly;
(25) “place” includes a house, shop, enclosure, building, shed, tent or
vessel;
(26) “police station” includes any place which the State Government may,
by notification, declare to be a police station for the purposes of this Act;
(27) “prescribed” means prescribed by the rules, orders and regulations
made under this Act;
(28) “Prohibition Officer” means the Commissioner, a Deputy
Commissioner, or any officer or person appoint ed to exercise any of the powers or to
perform any of the duties and functions under the provisions of this Act;
(29) “rectification” includes every process whereby spirits are purified or
are coloured or flavoured by mixing any material therewith;
(30) “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;
(31) “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) the word “buy”, with its grammatical variations, shall be construed
accordingly;
(32) “spirit” means any liquor containing alcohol and obtained by
distillation, whether it is denatured or not;
(33) “State” means the 1[State of Karnataka] 1, including the space within
the limits of its territorial waters appertaining to it;
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
(34) “sweet toddy or neera” means unfermented juice drawn from a
cocoanut palm, palmyra, date, bagani or any tree of the species of palm or palmyra,
into receptacles treated in the prescribed manner, so as to prevent fermentation;
(35) “territorial waters” with reference to the State, means any part of the
open sea within a distance of six nautical miles measured from the appropriate base
line according to the President’s proclamation published in this behalf in the
Government of India, Ministry of External Affairs, Notification No. S.R.O. 669, dated
22nd March 1956, or such other distance as may be fixed from time to time by the
President hereafter;
(36) “toddy” means fermented or unfermented juice drawn from a cocoanut
palm, palmyra, date, bagani or any tree of the species of palm or palmyra, and
includes sweet toddy or neera;
(37) “to tap” means to prepare any part of a tree or to use any means for
the purpose of causing juice to exude from the tree;
(38) “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;
(39) “transport” means to move from one place to another within the State,
whether any intervening area lies wholly within the State or not.
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CHAPTER II
ESTABLISHMENT AND CONTROL
3. Prohibition Commissioner.—The State Government may, by notification,
appoint an officer of Government as Prohibition Commissioner, who, subject to the
control of the State Government, and subject to such general or special orders as the
State Government may, from time to time, make,—
( a)shall exercise such powers and shall perform such duties and such
functions as are conferred upon the Commissioner, by or under the provisions of this
Act,
( b)may exercise such powers and perform such duties and functions as are
assigned by or under the provisions of this Act, to a Deputy Commissioner, and
( c)shall superintend the administration and carry out generally the provisions
of this Act.
4. Deputy Commissioner. —(1) The Deputy Commissioner of a district shall
within the limits of his jurisdiction exercise such powers and perform such duties and
functions as are assigned by or under the provisions of this Act to a Deputy
Commissioner, subject to such control as the State Government may from time to
time direct.
(2) For the purposes of this Act, all Deputy Commissioners shall be
subordinate to the Prohibition Commissioner.
(3) The State Government may, by notification, appoint any person other than
the Deputy Commissioner of a district to ex ercise in any district or place, all the
powers and perform all the duties and functions as are assigned by or under this Act
to a Deputy Commissioner, subject to the control of the Prohibition Commissioner
and such other control as the State Government may from time to time direct.
5. Subordinate officers. —To aid the Commissioner and the Deputy
Commissioners in carrying out the provisions of this Act, the State Government may
appoint such subordinate officers with such designations and confer on them such
powers, duties and functions under this Act, rules, regulations or orders made
thereunder, as may be deemed necessary.
6. Investing officers of other departments with powers and duties under
this Act.—The State Government may invest any officer in the Police Department or
any officer of any other Department 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 officer 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
office.
7. Board of Experts.—(1) For the purpose of determining whether,-
( a)any medicinal or toilet preparation containing alcohol, or
( b)any antiseptic preparation or solution containing alcohol, or
( c)any flavouring extract, essence or syrup, containing alcohol,
-is or is not an article unfit 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 three in number, with such qualifications as may be
12
prescribed by rules. The members so appointed shall hold office during the pleasure
of the State Government.
(3) Two members shall form a quorum for the disposal of the business
of the Board.
(4) Any vacancy of a member of the Board shall be filled 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 by rules.
(6) It shall be the duty of the Board to advise the State Government on the
question whether any article mentioned in sub-section (1), containing alcohol, is unfit
for use as intoxicating liquor and on such other matters incidental to the said
question as may be referred to it by the State Government. On obtaining such
advice, the State Government shall determine whether any such article is fit or unfit
for use as intoxicating liquor or not and such article shall be presumed accordingly to
be fit or unfit for use as intoxicating liquor, until the contrary is proved.
8. Committees.—(1) The State Government may appoint committees to
advise and assist officers in carrying out the provisions of this Act.
(2) Such committees shall perform such functions as are provided by or under
the provisions of this Act.
(3) The constitution of such committees and the procedure regarding their
work shall be such as may be prescribed by rules.
(4) The State Government may direct that the members of such committees
shall be paid such fees and allowances as may be prescribed by rules.
9. Medical Boards.—(1) The State Government may constitute one or more
medical boards for such areas and consisting of such members as it may deem fit.
(2) A medical board so constituted shall perform such functions as are
provided by or under this Act.
(3) The procedure regarding the work of the medical board shall be such as
may be prescribed by rules.
(4) The members of the medical board shall be entitled to such fees and
allowances as may be prescribed by rules.
10. Control of Commissioner over Prohibition Officers and other
Officers.—In the exercise of their powers and in the discharge of their duties and
functions under the provisions of this Act or rules, regulations or orders made
thereunder, all Prohibition Officers and all officers including the officers of the Police
and other Departments, shall, subject to the general or special orders of the State
Government, be subordinate to and under the control of the Commissioner and shall
be bound to follow such orders as the Commissioner may, from time to time, make.
11. Delegation.—(1) The State Government may, by notification, delegate
any of the powers exercisable by it under section 5, section 6 or section 9 to the
Commissioner or such other officer as it deems fit.
(2) Subject to the control and direction of the State Government, the powers
conferred on the Commissioner or any other officer appointed or invested with
powers under this Act may be delegated by him to any of his subordinates.
13
CHAPTER III
PROHIBITION
12. Prohibition of the manufacture of, traffic in and consumption of
liquors and intoxicating drugs.—Save in the manner and to the extent provided by
or under the provisions of this Act or in accordance with the terms and conditions of a
licence, permit, pass or authorisation granted thereunder, no person shall,-
( a)export, import, transport or possess liquor or any intoxicating drug; or
( b)manufacture liquor or any intoxicating drug; or
( c)cultivate or collect hemp or any portion of such plant from which any
intoxicating drug can be manufactured; or
( d)tap any toddy-producing tree, or permit or suffer to be tapped any toddy-
producing tree belonging to him or in his possession; or
( e)draw toddy from any tree, or permit or suffer toddy to be drawn from any
tree belonging to him or in his possession; or
( f)construct or work any distillery or brewery; or
( g)use, keep or have in his possession any materials, still, utensil, implement,
or apparatus whatsoever for the tapping of toddy or the manufacture of
liquor or any intoxicating drug or keep or have in his possession any
materials which have undergone any process towards the manufacture of
liquor or any intoxicating drug or from which any liquor or intoxicating drug
has been manufactured; or
( h)bottle any liquor for sale; or
( i)sell or buy liquor or any intoxicating drug; or
( j)consume or use liquor or any intoxicating drug; or
( k)allow any of the acts aforesaid upon premises in his immediate
possession.
13. Alterations of denatured spirit or denatured spirituous
preparations.—No person shall,-
( a)alter or attempt to alter any denatured spirit or denatured spirituous
preparation by dilution with water or by any method whatsoever with the intention that
such spirit or preparation may be used for human consumption, whether as a
beverage or an intoxicating liquor or internally as a medicine or in any other way
whatsoever; or
( b) have in his possession any denatured spirit or denatured spirituous
preparation in respect of which he knows or has reason to believe that such
alteration or attempt has been made.
14. Prohibition of soliciting use of intoxicant or hemp or doing any kind
of action calculating to incite or encourage member of public to commit
offence.—No person shall,-
( a) solicit the use of or offer any intoxicant or hemp; or.
( b) do any act which is calculated to incite or encourage any member of
the public or a class of individuals or the public in general to commit any offence
under this Act, or to commit breach of any rule, regulation or order made thereunder
or the conditions of any licence, permit, pass or authorisation granted thereunder.
15. Prohibition of publication of advertisements relating to intoxicants,
etc.—(1) No person shall print or publish in any newspaper, news-sheet, book,
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leaflet, booklet or any other single or periodical publication or otherwise display or
distribute any advertisement or other matter,-
( a) which solicits the use of or offers any intoxicant or hemp; or
( b) which is 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 of or to evade the provisions of any rule,
regulation or order made thereunder or the conditions of any licence,
permit, pass or authorisation 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 Commissioner in this behalf;
( b) any advertisement or other matter contained in any newspaper, news-
sheet, book, leaflet, booklet, or other publication, printed and
published in accordance with law, outside the State, but normally
circulating within the State;
( c) any advertisement or other matter contained in any newspaper printed
and published in the State before such date as the State Government
may, by notification, specify; and
( d) any other advertisement or matter which the State Government may,
by notification, generally or speciall y exempt from the operation of this
section.
(3) Notwithstanding anything contained in sub-section (2), the State
Government may, by notification, prohibit within the State the circulation, distribution
or sale of any newspaper, news-sheet, book, leaflet, booklet or other publication
printed and published outside the State, which contains any advertisement or matter
of the nature described in clause (a) or (b) of sub-section (1).
16. This Chapter not to apply to certain articles. —Nothing in this Chapter
shall be deemed to apply to,-
(1) any toilet, medicinal or antiseptic preparation or solution,
(2) any flavouring extract, essence or sy rup, containing alcohol, which is unfit
for use as intoxicating liquor:
Provided that such article corresponds with the description and limitations
mentioned in section 49:
Provided further that the purchase, possession or use of any liquor or
alchohol for the manufacture of any such article shall not be made or had, except
under a licence granted under section 24.
CHAPTER IV
CONTROL, REGULATION AND EXEMPTION
17. Power to notify exemptions. —(1) The State Government may, by
notification and subject to such conditions as it thinks fit, direct that,-
( a)any preparation containing alcohol not exceeding a specified percentage by
volume, or
( b)any liquor or intoxicating drug or preparation containing such liquor or drug,
and required for medicinal, scientific, industrial or such like purpose, 1[or]1
15
1[(c)members of the Armed Forces of the Union or of any other Armed Forces
raised or maintained by the Union or attached to or operating with any of its Armed
Forces:]1
shall be exempt from any of the provisions of this Act or rules, regulations or
orders made thereunder.
1. Inserted by Act 10 of 1967 w .e.f. 24.8.1967
(2) When issuing a notification under sub-section (1), the State Government
shall have power to provide that a breach of any of the conditions subject to which
the exemption is notified, shall be punished with imprisonment which may extend to
six months or with fine which may extend to one thousand rupees, or with both.
18. Establishment of distilleries and warehouses for intoxicants or
licensing manufacture of intoxicants.—The Commissioner 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 State Government
deems fit to impose;
( b)discontinue any distillery established;
( c)license, on such conditions as the State Government deems fit to impose,
the construction and working of a distillery or brewery;
( d)establish or license a warehouse wherein any liquor, intoxicating drug,
hemp, mhowra flowers or molasses may be deposited and kept without payment of
duty; and
( e)discontinue any warehouse so established.
( f)license on such conditions as the State Government deems fit to impose
the manufacture of liquor or any intoxicating drug by any person.
19. Intoxicating drug or hemp not to be removed from warehouse. —No
liquor, intoxicating drug, hemp, mhowra flowers 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.
20. Passes for import, etc. —(1) The Commissioner, or a Deputy
Commissioner, or any other officer authorised by the State Government may grant
passes for the import, export or transport of any liquor, intoxicating drug or hemp.
(2) Such passes may be either general for definite periods of time and definite
kinds of liquor, intoxicating drug or hemp, or special for specified occasions and
particular consignments only.
(3) Every such pass shall specify—
( a) the name of the person authorised to import, export or transport liquor,
intoxicating drug or hemp;
( b) the period for which the pass is to be in force;
( c) the quantity and description of liquor, intoxicating drug or hemp for
which it is granted; and
( d) the places from and to which liquor, intoxicating drug or hemp are to
be imported, exported or transported, and in the case of places more
than ten miles apart, the route by which they are to be conveyed.
21. Passes for through consignments. —The through transport of any
consignment of any intoxicant, hemp, mhowra flowers or molasses by a railway
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administration or by any st eamer, ferry, road transport or air service shall be under
such passes and subject to such conditions as may be prescribed by rules.
22. Licences for possession of denatured spirit, rectified spirit and
alcohol for industrial or medicinal purposes.—The State Government, or, subject
to its control, the Deputy Commissioner, may grant licences for the possession of
denatured spirit, rectified spirit, and alcohol for industrial or medicinal purposes, if
such spirit or alcohol is, in the opinion of the State Government or the Deputy
Commissioner, as the case may be, necessary for scientific, industrial, medicinal or
similar purposes:
Provided that no licence shall be necessary for the possession of denatured
spirit to the extent of such quantity as may be prescribed by rules.
23. Licences for bona fide medicinal or other purposes. —The State
Government, or, subject to its control, the Deputy Commissioner, may grant licence
to any person or in respect of any institution, whether under the management of
Government or not, for the manufacture, export, import, transport, sale, possession,
consumption or use of liquor, any intoxicating drug or hemp or any article containing
liquor, intoxicating drug or hemp on the ground that such liquor, intoxicating drug,
hemp or article is required by such person or in respect of such institution for a bona
fide medicinal, scientific, industrial or such like purpose, or for sale, for any of the
aforesaid purposes:
Provided that when any liquor, intoxicating drug, or hemp has been obtained
by any person for a bona fide 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, consumption or use of the same.
24. Licence for purchase, etc., of liquor for manufacture of articles
mentioned in section 16. —The State Government, or, subject to its control, the
Deputy Commissioner, may grant licences for the purchase, possession or use of
any liquor or alcohol for the manufacture of any article mentioned in section 16 on s
25. Licence for tapping for neera. —Subject to the control of the State
Government, the Deputy Commissioner or any officer empowered by him, may
grant,-
( a) licences for tapping of, or drawing juice from, any palm tree for the
purpose of sale or consumption as sweet toddy or neera or for the manufacture of
jaggery or any other article which is not an intoxicant; or
( b) permits for the possession, transport or sale of such sweet toddy or
neera.
26. Licences for tapping toddy in specified areas. —(1) The State
Government, or, subject to its control, the Deputy Commissioner, may issue licences
to any person for tapping of trees for toddy in any area specified in such licence and
for the possession, manufacture, transport and export of such toddy.
(2) The provisions of the Mysore Excise Act, 1901, or any corresponding law
in force in any area of the State, and the rules made thereunder, shall,
notwithstanding anything contained in this Act, apply to the tapping of trees for toddy
and the possession, manufacture, transport and export of toddy licensed under sub-
section (1).
27. Trade and import licences.—The State Government, or, subject to its
control, the Deputy Commissioner, may grant trade and import licences to persons
intending to import and to sell by wholesale any liquor, intoxicant drug or hemp.
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28. Vendors’ licences.—The State Government, or, subject to its control, the
Deputy Commissioner, may grant a vendor’s licence subject to the following
conditions:—
(i) the stock of foreign liquor with the licensee (except what is permitted
for disposal in the shop) shall be kept by him at a warehouse approved by
Government;
(ii) the licensee shall be allowed to select his own warehouse and fix its
rent with the owner:
Provided that on failure to select such warehouse, the warehouse shall be
selected by the licensing authority;
(iii) the licensee shall pay all rents, costs, charges and expenses
incidental to warehousing and supervision;
(iv) the licensee may sell any part of the stock of foreign liquor to
licensees in the State or to any persons outside the State, subject to such conditions
as the Commissioner may prescribe;
(v) the licensee may sell only to holders of permits or authorisations;
(vi) the licensee shall be entitled to keep in his shop such quantities of
liquor as may be permitted by the licensing authority from time to time for retail sale;
(vii) the licensee shall keep account and shall dispose of the goods
according to such instructions as may be given by the Commissioner or any officer
authorised in this behalf by the Commissioner.
29. Licences to ship companies and to masters of ships. —The State
Government, or, subject to its control, the Deputy Commissioner or any other officer
authorised by rules or an order in writing by the State Government, may grant
licences to any shipping company for each ship or to the master of any ship to sell
foreign liquor and permit the use and consumption of foreign liquor on such ship on
such conditions as may be prescribed.
30. Permission to use or consume foreign liquor on war ships, troop
ships and in messes and canteens of Armed Forces. —The State Government
may, on such conditions as may be specified by a general or special order, permit,-
(i)the sale of foreign liquor to, or
(ii)the purchase, use or consumption of such liquor by,-
( a)the members of the Armed Forces in messes and canteens,
(b) the crew of war ships or troop ships and the members of the Armed
Forces thereon.
31. Permits to foreigners residing temporarily in India. —(1) The State
Government, or, subject to its control, the Commissioner, the Deputy Commissioner
or a Committee appointed for the purpose, may grant permits to persons for the use
or consumption of foreign liquors for such quantities as may be prescribed subject to
the following conditions:—
( a) that such person is not a minor, and
( b) that such person was either born and brought up or domiciled in any
country outside India, where such liquor is being used or consumed or
such person is on the Register of Foreigners, maintained under the
Registration of Foreigners’ Act, 1939, and is not domiciled in India:
Provided that, in the case of any person falling under clause (b ), such person
has been residing and intends to reside in India temporarily and that such person has
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a fixed and settled purpose of making his sole and permanent home in any country
outside India and that such person has been ordinarily using or consuming such
liquor.
(2) If any question arises whether the conditions imposed by clause ( a) or (b)
of sub-section (1) are satisfied or not, in any case, the State Government shall decide
the question and its decision shall be final.
32. Health permits.—(1) The State Government, or, subject to its control, the
Deputy Commissioner, may grant a health permit for the use or consumption of 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 permits shall be granted for such quantity and shall be subject to
such further conditions as may be prescribed.
33. Emergency permits.—(1) The State Government, or, subject to its
control, the Deputy Commissioner, may grant emergency permits for the use or
consumption of bExcerpt shown. Open the full act in Lexace.