LexThe Maharashtra Prohibition Act
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1949 : XXV] 1
THE MAHARASHTRA PROHIBITION ACT
[Text as on 21st May 2025]
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CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
ESTABLISHMENT
3. Commissioner of Prohibition and Excise.
4. Collectors.
5. Subordinate officers.
6. Investing officers of Police and other departments with powers and duties under this Act.
6A. Board of Experts.
7. Other Boards and committees.
8. Medical Boards.
9. Control of Commissioner over Prohibition officers and other officers.
10. Delegation.
CHAPTER III
PROHIBITIONS
11. Manufacture, etc., of intoxicant to be permitted in acc ordance with provis ions of Act,
rules, etc.
11A. Power of Gram Sabha to enforce prohibition or to regulate or restrict the sale and
consumption of any intoxicant.
12. Prohibition of manufacture of liquor and construction and working of distillery or brewery.
13. Prohibition of sale, etc., of liquor.
14. Prohibition of export, import, transport, sale, manufacture, etc., of intoxicating drugs.
15. Prohibition of import, export, transport, sale, etc., of sweet toddy.
16. Prohibition of tapping of toddy producing trees and drawing of toddy.
17. Prohibition of possession, etc., of opium.
18. Prohibition of sale to minors.
19. [Deleted].
20. Prohibition or production, etc., of charas.
21. Alteration of denatured spirit.
21A. Alteration of denatured spirituous preparation.
2 The Maharashtra Prohibition Act [1949 : XXV
22. Prohibition of allowing any premises to be used as common drinking house.
22A. Prohibition of issuing prescriptions for intoxicating liqu or except by registered medical
practitioners.
23. Prohibition of soliciting use of intoxicant or hemp or doing any act calculated to incite or
encourage member of public to commit offence.
24. Prohibition of publication of advertisements relating to intoxicant, etc.
24A. This Chapter not to apply to certain articles.
CHAPTER IV
CONTROL, REGULATION AND EXEMPTIONS
25. Exemption of preparations.
26. Distilleries and warehouses for intoxicants.
27. Intoxicant or hemp not to be removed from warehouse, etc.
28. Passes for import, etc.
29. Through transport.
30. [Deleted].
31. Licences for bona fide medicinal or other purposes.
31A. Licences for purchase, etc., of liquor for manufacture of articles mentioned in section 24A.
32. Licences for tapping for neera.
33. Trade and import licences.
34. Vendor’s licence.
35. Hotel Licences.
36. [Deleted].
37. [Deleted].
38. Licences to shipping companies and to Masters of ships.
39. Permission to use or consume fo reign liquor on warships, troop ships and in messes and
canteens of armed forces.
40. Permits.
40A. Health permits.
40B. Emergency permits.
41. Special permits to foreign sovereign, etc.
42. [Deleted].
43. Regulation of use or consumption of foreign liquor by certain permit holders.
44. Licence to clubs.
45. Authorization for sacramental purposes.
46. Visitor’s permit.
46A. Tourist’s permit.
47. Interim permits.
48. Permits for consumption or use of intoxicating drugs or opium.
48A. Permits to be non-transferable.
1949: XXV] The Maharashtra Prohibition Act 3
49. Exclusive privilege of Government to import, etc. , intoxicants, etc., and fees levied include
rent or consideration for grant of such privilege to person concerned.
50. [Deleted].
51. [Deleted].
52. Power of authorized officer to grant licences, permits and passes in certain cases.
53. General conditions regarding licences, etc.
53A. Certain licensees required to keep measures, etc.
54. Power to cancel or suspend licences and permits.
55. Holder of licence, etc., not entitled to compensation or ref und of fee for cancellation or
suspension thereof.
56. Cancellation for other reasons.
57. Attachment of licence.
58. Right, title or interest under licence not liable to be sold or attached in execution.
58A. Supervision over manufacture, etc.
59. Commissioner entitled to require licence holder or owner to dispose of stocks.
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.
59A. Manufacture of articles mentioned in section 24A.
59B. Analysis of articles mentioned in section 24A.
CHAPTER IV-B
CONTROL AND REGULATION OF DENATURED SPIRITUOUS PREPARATIONS TO PREVENT
THEIR USE AS INTOXICATING LIQUOR
59C. Prohibition against possession of denatured spirituous preparation in excess of prescribed
limit and the regulation of its possession in excess of prescribed limit.
59D. Regulation of manufacture, etc., of denatured spirituous preparations.
CHAPTER V
MHOWRA FLOWERS
60. Prohibition of export or import of mhowra flowers.
CHAPTER VI
CONTROL AND REGULATION OF MOLASSES
61. Control of export, etc., of molasses.
62. Provisions of sections 53 to 59 to apply to licences granted under section 61.
63. Provision of Act in relation t o molasses to be in addition to and not in derogation of
Bom. XXXVIII of 1956.
64. [Deleted].
4 The Maharashtra Prohibition Act [1949 : XXV
CHAPTER VII
OFFENCES AND PENALTIES
65. Penalty for illegal import, etc., of intoxicant or hemp.
66. Penalty for illegal cultivation and collection of hemp and other matters.
66A. Penalty for illegal import, etc., of opium.
67. Penalty for alteration or attempting to alter denatured spirit.
67-1A. Penalty for alteration or attempting to alter denatured spirituous preparation.
67-1B. Penalty for contravention of provision regarding prescriptions.
67A. Penalty for manufacturing a rticles mentioned in section 24A in contravention of the
provisions of section 59A.
67B. Penalty for failure to satisfy the Commissioner under sub -section (1) or to comply with a
requisition under sub-section (2) of section 59B.
67C. Penalty for possessing, etc., denatured spirituous preparations in contravention of provisions
of section 59C and 59D.
68. Penalty for opening etc., of common drinking house.
69. Penalty for illegal import, etc., of mhowra flowers.
70. Penalty for illegal import, etc., of molasses.
71. [Deleted].
72. Penalty for removal of intoxicant, etc.
73. Penalty for printing or publishing advertisements in contravention of provisions of Act, etc.
74. Penalty for circulating, etc., newspapers, etc. , containing adve rtisements regarding
intoxicants, etc.
75. Penalty for inciting or encouraging certain acts.
75A. Penalty for contravention of provisions of section 43.
76. Penalty for neglect to keep measures, etc.
77. Penalty for misconduct by licensee, etc.
78. Penalty for misconduct by licensed vendor or manufacturer.
79. Liability of licensee for acts of servants.
80. Import, exports, etc., of intoxicant by any person on account of another.
81. Penalty for attempt or abetment.
82. Breach of licence, permit, etc., to be an offence.
83. Penalty for conspiracy.
84. Penalty for being found drunk in any drinking house.
85. Penalty for being drunk and for disorderly behaviour.
86. Penalty for allowing any premises to be used for purpose of committing an o ffence
under Act.
87. Penalty for chemist, druggist or apothecary for allowing his premises to be used for
purpose of consumption of liquor.
88. Penalty for issuing false prescriptions.
89. Penalty for maliciously giving false information.
90. Penalty for offences not otherwise provided for.
1949: XXV] The Maharashtra Prohibition Act 5
91. Demand for security for abstaining from commission of certain offences.
92. [Deleted].
93. Demand of security for good behaviour.
94. Execution of bonds in respect of minors.
95. Punishment for vexatious search, seizure or arrest.
96. Punishment for vexatious delay.
97. Punishment for abetment for escape of persons arrested.
98. Things liable to confiscation.
99. Return of things liable to confiscation to bona fide owners.
100. Procedure in confiscation.
101. Power of Collector, etc., to order sale or destruction of articles liable to confiscation.
102. Forfeiture of any publication containing advertisement or matter soliciting use of
intoxicants.
103. Presumption as to commission of offences in certain cases.
103A. [Deleted].
104. Compounding of offences.
104A. 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.
CHAPTER VIII
EXCISE DUTIES
105. Excise duties.
106. Manner of levying excise duties.
107. [Deleted].
107A. Declaration of stock of articles mentioned in section 24A; maintenance of accounts and
submission of returns.
107B. Power to obtain information and to search and seize excisable articles.
108. Penalty for import, export, etc., of intoxicant etc., without payment of duty.
109. Duty on tapping of toddy trees.
110. Duty by whom payable.
111. Owner of trees entitled to assistance for duty paid.
112. Privilege of drawing toddy from trees belonging to Government.
113. [Deleted].
114. Recovery of duties, etc.
CHAPTER IX
POWERS AND DUTIES OF OFFICERS AND PROCEDURE
115. Magistrate’s power to impose enhanced penalties.
116. Procedure to be followed by Magistrates.
116A. Tender of pardon to accomplice.
117. Investigation, arrests, searches, etc., how to be made.
6 The Maharashtra Prohibition Act [1949 : XXV
118. Procedure of Code of Criminal Procedure relating to cognizable offences to apply.
119. Certain offences to be non-bailable.
120. Power of entry and inspection.
121. Power to open packages, etc.
122. Power to require production of licences.
123. Arrest of offenders and seizure of contraband articles.
124. Power to obtain information.
125. Power to seize intoxicants, etc.
126. Arrest without warrant.
127. Arrest of offenders failing to give names.
128. Issue of warrants.
128A. Certain provisions to apply to denatured spirituous preparations.
129. Prohibition Officers may be empowered to investigate offences.
129A. Power to require persons to submit to medical examination, etc.
129B. Documents or reports of registered medical practitioner, etc., as evidence.
130. Arrested persons and things seized to be sent to officer-in-charge of police station.
131. Bail by Prohibition Officer.
132. Articles seized.
133. Duty of officers of Government and local authorities to assist.
134. Offences to be reported.
134A. Establishment of Gram Rakshak Dal.
135. Landlords and others to give information.
136. [Deleted].
CHAPTER X
APPEALS AND REVISION
137. Appeals.
138. Revision.
CHAPTER XI
MISCELLANEOUS
139. General powers of State Government in respect of licences, etc.
140. Power of State Government to prohibit, regulate o r control consumption or use of
intoxicants, etc., in public place.
141. Employment of additional police.
142. Power of Collector to close places where intoxicant or hemp is sold in certain cases.
143. Power of State Government to make rules.
144. Commissioner’s powers to make regulations.
145. Officers and persons acting under this Act to be public servants.
146. Bar of proceedings.
1949: XXV] The Maharashtra Prohibition Act 7
146A. Limitation of prosecutions or suits against officers.
146B. Provisions of Act not to apply to Government.
147. Provisions of this Act not to apply to import or export across customs frontier.
148. Repeal and amendments.
149. Further repeals and savings consequent on commencement of Bom. XXV of 1949 in other
areas of State.
SCHEDULE I-A
SCHEDULE I
SCHEDULE II
SCHEDULE III
8 The Maharashtra Prohibition Act [1949 : XXV
1949 : XXV] The Maharashtra Prohibition Act 9
LIST OF AMENDMENT ACTS
1. Adapted and modified by the Adaptation of Laws Order, 1950.
2. Amended by Bom. 28 of 1950
3. Amended by Bom. 26 of 1952
4. Amended by Bom. 18 of 1953
5. Amended by Bom. 67 of 1953
6. Amended by Bom. 21 of 1954
7. Amended by Bom. 36 of 1954
8. Amended by Bom. 64 of 1954
9. Amended by Bom. 20 of 1955
10. Adapted and modified by the Bombay Adaptation of Laws ( State and Concurrent Subjects)
Order, 1956.
11. Amended by Bom. 12 of 19591
12. Amended by Bom. 22 of 1960
13. Adapted and modified by the M aharashtra Adaptation of Laws ( State and Concurrent
Subjects) Order, 1960.
14. Amended by Mah. 46 of 1962
15. Amended by Mah. 33 of 1972
16. Amended by Mah. 52 of 1973 (14-1-1974)
17. Amended by Mah. 70 of 1981 (23-10-1981)2
18. Amended by Mah. 9 of 1997 (4-9-1996)3
19. Amended by Mah. 46 of 1997
20. Amended by Mah. 18 of 1998
21. Amended by Mah. 35 of 2000 (16-11-2001)4
22. Amended by Mah. 52 of 2005 (29-11-2005)5
23. Amended by Mah. 29 of 2006 (16-8-2006)6
24. Amended by Mah. 24 of 2012 (22-8-2012)
25. Amended by Mah. 19 of 20177
26. Amended by Mah. 49 of 2017 (17-7-2017)8
1 This Act was extended to those areas of the State of Bombay to which immediately before the comm encement of
Bom. 12 of 1959, it did not extend (vide Bom. 12 of 1959, s. 2).
2 Maharashtra Ordinance No. XV of 1981 was repealed by Mah. 70 of 1981, s. 5.
3 Maharashtra Ordinance No. XII of 1996 was repealed by Mah. 9 of 1997, s. 48.
4 This Act came into force on 16-11-2001 vide G.N., No., H.D., BPA-1098/8/EXC-2, dated the 16th October 2001.
5 Maharashtra Ordinance No. XI of 2005 was repealed by Mah. 52 of 2005, s. 38.
6 This Act came into force vide G.N., H.D.No.BPA-EXC-2, dated the 11th August 2006, w.e.f. 16th August 2006.
7 (i) This Act came into force w.e.f. 22-03-2017 in the area of Ahmednagar District vide G.N., H.D., No. BPA. 0117/C.R.
22/EXC-3, dated 22-03-2017.
(ii) This Act came into force w.e.f. 09-01-2018 in the remaining part of the Mah arashtra other than Ahmednagar District
vide G.N., H.D., No. BPA. 0517/C.R. 159(2)/EXC-3, dated 09-01-2018.
8 Maharashtra Ordinance No. XV of 2017 was repealed by Mah. 49 of 2017, s. 3.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
10 The Maharashtra Prohibition Act [1949 : XXV
1949 : XXV] The Maharashtra Prohibition Act 11
ACT No. XXV OF 19491
[THE MAHARASHTRA PROHIBITION ACT.]
[This Act received the assent of the Governor General on the 15th May 1949; assent was first
published in the Bombay Government Gazette, Part IV, on the 20th May 1949.]
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 2[State] of Bombay.
WHEREAS, it is expedient to amend and consolidate the law relating to the promotion 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 provide for
certain other purposes hereinafter appearing; It is hereby enacted as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. — (1) This Act may be cited as 4[the Maharashtra
Prohibition Act.]
5[(2) It extends to the whole of the 6[State of Maharashtra]].
7(3) It shall come into force 8[in the area comprising the pre -Reorganisation State of Bombay] on
on such date as the 9[State] Government may by notification in the Official Gazette 10[specify.
In those areas of the State to which it is extended by the Bombay Prohibition (Extension and
Amendment) Act, 1959 (Bom. XII of 1959) , it shall come into force on such other date as that
Government may, by like notification appoint:
Provided that having regard to the nature of the outstill area of the Chanda District, the general
backwardness of the people residing therein, and the necessity of preparing an adequate background
before the introduction of prohibition therein, the State Government may, if it thinks fit, fix a different
date for bringing the Act into force in that area.
Explanation.— In this sub-section the expression “outstill area of the Chanda District” means the
areas of the Chanda District specified in Schedule I-A.]
11, 12[(4) On the commencement of this Ac t 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
(Bom. XII of 1959) , all rules, regulat ions, orders and notifications made or issued or deemed to be
made or issued under this Act and in force in the pre -Reorganisation State of Bombay excluding the
transferred territories immediately before such commencement, shall also extend to, and be in f orce in
that area.]
1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1948, Part V, page 655.
2 This word was substituted for the word “Province” by Bom. 12 of 1959, s. 4.
3 This word was substituted for the word “Province” by Bom. 12 of 1959, s. 4.
4 This short title was amended for “the Bombay Prohibition Act, 1949” by Mah. 24 of 2012, s. 2, Sch., entry 37, w.e.f.
1-5-1960.
5 This sub-section was substituted for the original by Bom.12 of 1959, s. 5(a).
6 These words were substi tuted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
7 Sub-section ( 3) shall stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects)
Order, 1960.
8 These words were inserted by Bom. 12 of 1959, s. 5(b)(i).
9 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
10 This portion was substituted for the word “specify” by Bom. 12 of 1959, s. 5(b)(ii).
11 Sub-section ( 4) s hall stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects)
Order, 1960.
12 This sub-section was added by Bom. 12 of 1959, s. 5(c).
12 The Maharashtra Prohibition Act [1949 : XXV
2. Definitions.— In this Act, 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 i ts 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; bottling includes re-bottling;
1[* *]
2[(4) “Collector” includes an officer 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;
3[(5) “Commissioner” means an officer appointed as the Commissioner of Prohibition and
Excise under section 3 of this Act and includes any officer on whom the State Government may
confer all or any of the powers of the Commissioner under this Act;]]
(6) “Committee 4[or board]” means 5[a commit tee or board] a ppointed by the 6[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 profit or gain of the person owning, occupying, using,
keeping or having the care of 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 o f drinking liquor
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;
7[(9) “cultivation” means raising a plant from seed and incl udes the tending or protecting of
a plant during its growth;]
(10) “denatured” means subjected to a process prescribed for the purpose of rendering unfit
for human consumption;
8[(10a) “denatured spirituous preparation” means any preparat ion made with de natured
spirit 9[or denatured alcohol] and includes lacquers, French Polish and varnish prepared out of
such spirit or alcohol;]
10[* *]
(12) “to drink” with its grammatical variations means to drink liquor or to consume any
intoxicating drug;
(13) “excisable article” means—
(a) any alcoholic liquor for human consumption,
(b) an intoxicating drug 11[or hemp],
(c) opium,
1 Clause (3) was deleted by Bom. 22 of 1960, s. 2(a).
2 Clauses (4) and (5) were substituted for the original by Bom. 12 of 1959, s. 6(a).
3 Clause (5) was substituted by Mah. 52 of 1973, s. 3, Schedule.
4 These words were inserted by Bom. 22 of 1960, s. 2(b).
5 These words were substituted for the words “any of the committees” by Bom. 22 of 1960, s. 2(b).
6 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
7 This clause was substituted for the original by Bom. 22 of 1960, s. 2(c).
8 Clause (10a) was inserted by Bom. 36 of 1954, s. 2.
9 These words were substituted for the words “or alcohol” by Bom. 22 of 1960, s. 2(d).
10 Clause (11) was deleted by Bom. 22 of 1960, s. 2(e).
11 These words were added by Bom. 22 of 1960, s. 2(f)(i).
1949 : XXV] The Maharashtra Prohibition Act 13
1[(d) other narcotic drugs and narcotics which the State Government may, by
notification in the Official Gazette, declare to be an excisable article;]
(14) “excise duty” and “countervailing duty” means such excise duty or countervailing duty,
as the c ase may be, as is mentioned in 2[entry 51 in List II in the Seventh Schedule to the
Constitution];
(15) “excise revenue” means revenue de rived 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;
(16) “export” (except in section 147) means to take out of the 3[State] otherwise than across
a customs frontier 4[* *];
(17) “foreign liquor” 5[means all liquor produced or manufactured outside India:]
Provided that the 6[State] Government may, by notificat ion in the Official Gazette, declare
that any specified description of country liquor shall, for the purposes of this Act, be deemed to
be foreign liquor;
7[(17A) “Gram Rakshak Dal” means Gram Rakshak Dal established under section 134A;]
(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;
8[(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 sectio n 147) means to bring into the 9[State] otherwise than across
a customs frontier 10[* * *];
(21) “interim permit” means a permit granted under section 47;
(22) “intoxicant” means any liquor, intoxicating drug, opium or any other substance, which
the 11[State] Government may, by notification in the Official Gazette, declare to be an intoxicant;
(23) “intoxicating drugs” means—
(a) the leaves, small stalks and flowering or fruiting top s of the Indian hemp plant
(Cannabis Sativa L.) including all forms known as bhang, sidhi or ganja;
(b) 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;
(c) any mixture, with or without natural materials of any of the above forms of
intoxicating drug, or any drink prepared therefrom; 12[* *]
1 This was substituted for clauses (d) and (e) by Bom. 22 of 1960, s. 2(f)(ii).
2 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.
3 This word was substituted for the word “pre -Reorganisation State of Bombay, excluding the transferred territories”
by Bom. 12 of 1959, s. 3.
4 The words “as defined by the Dominion Government” were deleted by Bom. 26 of 1952, s. 2(1).
5 These words were substituted for the words “includes all liquor brought into India b y sea, air or land;”
by Bom. 22 of 1960, s. 2(g).
6 This word was substituted for the word “pre -Reorganisation State of Bombay, excluding the transferred territories”
by Bom. 12 of 1959, s. 3.
7 Clause (17A) was inserted by Mah. 19 of 2017, s. 2.
8 This clause was inserted by Bom. 22 of 1960, s. 2(h).
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 defined by the Dominion Government” were deleted by Bom. 26 of 1952, s. 2(1).
11 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
12 The word “and” was deleted by Bom. 26 of 1952, s. 2(2)(a).
14 The Maharashtra Prohibition Act [1949 : XXV
1[(d) any other intoxicating or narcotic drug or substance together with every
preparation or admixture of the same which the State Government may by notification in the
Official Gazette, declare to be an intoxicating drug for the purposes of the Act, such drug,
substance, preparation or admixture, not being opium, coca leaf or a manufactured drug as
defined in section 2 of the Dangerous Drugs Act, 1930 (II of 1930)];
(24) “liquor” includes—
(a) 2[spirits], 3[denatured spirits ], wine, beer, toddy and all liquids consisting of or
containing alcohol; and
(b) any other intoxicating substance which the 4[State] Government may, by
notification in the Official Gazette, declare to be liquor for the purposes of this Act;
(25) “manufacture” includes—
(a) every process whether natural or artificial by which any liquor or intoxicating drug
is produced, prepared or bl ended and also redistillation and e very process for the
5[rectification, flavouring, or colouring of liquor or intoxicating drug] 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;
(26) “Medical Board” means a board constituted under section 8;
(27) “mhowra flower” does not include the berry or seed of the mhowra tree;
6[(28) “molasses” means the heavy, dark co loured viscous liquid produced during the
manufacture of gur or sugar containing in solution or suspension, sugars which can be fermented,
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 substantially alter the character of such liquid or
solid; and shall also include substances containing sugars obtained from sugarcane known as
black coloured gur and residual substances obtained from khandsari known as third sug ar or
raskat or sayar and irrespective of its colour rotten gur or rotten rab which conform to the
following analytical standards on dry weight basis,—
(i) total sugars (expressed as invert sugar) less than 85 per cent. and sucrose less than
57 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 Hydrochloric acid (HCL) more than 0.5 per cent.; or
(v) more than 10 per cent. of moisture;
but does not include any art icle which the State Government may, by notification in the
Official Gazette, declare not to be molasses, for the purposes of this Act.]
(29) “Officer in charge of a Police Station” includes—
(a) in the Greater Bombay, the Officer in charge of a pol ice station as provided under
the provisions of the 7, 8[Bombay Police Act, 1951(Bom. XXII of 1951); and]
1 Clause (d) was substituted for the original clause together with the proviso by Bom. 26 of 1952, s. 2(2)(b).
2 This word was substituted for the words “spirits or wine” by Bom. 22 of 1960, s. 2(i).
3 These words were substituted for the words “methylated spirits” by Bom. 26 of 1952, s. 2(3).
4 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
5 These words were substituted for the words “rectification of liquor” by Bom. 22 of 1960, s. 2(j).
6 This clause was substituted by Mah. 29 of 2006, s. 2.
7 The short title of thi s Act has been amended as “the Maharashtra Police Act” by Mah. 24 of 2012, s. 2, Sch. entry 45,
w.e.f., 1-5-1960.
8 These words and figures were substituted for the words and figures “City of Bombay Police Act, 1902” by Bom. 12 of
1959, s. 6(b).
1949 : XXV] The Maharashtra Prohibition Act 15
(b) elsewhere the Officer in charge of a police station as defined in the 1Code of
Criminal Procedure, 1898 (V of 1898);
(30) “opium” means—
(a) the capsules of the poppy ( Papaver Somniforum L.), 2[whether in their original
form or cut, or crushed or powdered and whether or not the juic e has been extracted
therefrom];
(b) the spontaneously coagulated juice of such capsules which has not been submi tted
to any manipulation other than those necessary for packing and transport; 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 morphi ne, or
a manufactured drug as defined in section 2 of th e Dangerous Drugs of Act, 1930 (II of
1930).
3[* * *]
(32) “permit” means a permit granted under 4[the provisions of this Act] and the expression
“permit holder” shall be construed accordingly;
(33) “police station”, means in the Greater Bombay a police station as provided under the
provisions of the 5, 6[Bombay Police Act, 1951 (Bom. XXII of 1951) ] and else where any place
declared to be a police station for the purposes of the 7Code of Criminal Proce dure, 1898 (V of
1898);
(34) “prescribed” means prescribed by the rules, orders or regulations under this Act;
(35) “Prohibition officer” includes the 8[Commissioner], Collector or any officer or person
appointed to exercise any of the powers or to perform any of the duties and functions under the
provisions of this Act 9[and also includes any officer or person invested with any such powers and
and on whom any such functions, or duti es are imposed, and any member of a committee, board
or medical board;]
10[(36) “State” means the 11[State of Maharashtra] including the space within the limits of
the territorial waters appertaining to it;]
12[(37) “rectification” includes every process whereby liquor is purified or refined;]
13[(38) “registered medical practitioner” me ans 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 defined in the Dentists Act, 1948 (XVI of 1948)
and a veterinary p ractitioner registered under the 14Bombay Veterinary Practitioners Act, 1953
(Bom. LXV of 1953) or under any law corresponding thereto in any part of the State;]
1 See now the Code of Criminal Procedure, 1973 (2 of 1974).
2 These words were added by Bom. 22 of 1960, s. 2(l).
3 Clause (31) was deleted by Bom. 22 of 1960, s. 2(m).
4 These words were substituted for the words and figures “Sections 40, 41, 46 or 47” by Bom. 26 of 1952, s. 2(4).
5 The short title of this Act has been substituted as “the Maharashtra Police Act” by Mah. 24 of 2012, s. 2, Sch. , entry 45,
w.e.f. 01-05-1960.
6 These words and figures were substituted for the words and figures “City of Bombay Police Act, 1902 (Bom. IV of
1902)” by Bom. 12 of 1959, s. 6(b).
7 See now the Code of Criminal Procedure, 1973 (2 of 1974).
8 This word was substituted for the word “Director” by Mah. 52 of 1973, s. 3, Schedule.
9 These words were substitute d 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 Mah arashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
12 This clause was substituted for the original by Bom. 22 of 1960, s. 2(o).
13 This clause was substituted for the original by Bom. 12 of 1959, s. 6(d).
14 See now the Maharashtra Veterinary Practitioners Act, 1971 (Mah. XLIV of 1971).
16 The Maharashtra Prohibition Act [1949 : XXV
(39) “regulations” means regulations made under this Act;
(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 pr ice or of any fees or
subscription, but does not include selling of opium for exp ort across the customs frontier
1[* * *];
The word “buy” with its grammatical variations shall be construed accordingly;
2[* * * * * * *]
(43) “spirit” means any liquor con taining alcohol and obtained by distillation (whether it is
denatured or not);
(44) “sweet toddy or nira or neera” means unfermented juice drawn from a coconut, barb,
date or any kind of palm tree into receptacles treated in the prescribed manner so as to prevent
fermentation;
3[(45) “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 beha lf in the Government of India, Ministry of
External Affairs, Notification No. SRO-669, dated the 22nd March 1956, or such other distance as
may be fixed from time to time by the President hereafter;]
(46) “toddy” means fermented or unfermented juice drawn from a coconut, barb, 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 purpose of
causing juice to exude from the tree;
4[(47A) “tourist” means a per son 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 permit” means a permit granted under section 46A;]
(48) “trade and import licence” means a licence granted under section 33;
(49) “transport” means to move from one place to another within the 5[State];
(50) “vendor’s licence” means a licence granted under section 34;
(51) “visitor’s permit” means a permit granted under section 46;
6[(52) any reference to the 7Code of Criminal Procedure, 1898 (V of 1898), the 8Bombay
Village Panchayats Act, 1933 (Bom. VI of 1933), or the 9Bombay Police Act, 1951 (Bom. XXII
of 1951), includes a reference to any law corresponding to those A cts, respectively, in force in
any part of the State.]
1 The words “as deemed by the Dominion Government” were deleted by Bom. 26 of 1952, s. 2(1).
2 Clause (42) was deleted by Bom. 22 of 1960, s. 2(p).
3 This clause was substituted for the original by Bom. 12 of 1959, s. 6(e).
4 Clauses (47A) and (47B) were inserted by Bom. 20 of 1955, s. 2.
5 Substituted for the words “pre -Reorganisation State of Bombay, excluding the transferred territories”
by Bom. 12 of 1959, s. 3.
6 This clause was added by Bom. 12 of 1959, s. 6(j).
7 See now the Code of Criminal Procedure, 1973 (2 of 1974).
8 See now the Maharashtra Village Panchayats Act (3 of 1959).
9 The short title of this Act has been substituted as “the Maharashtra Police Act” by Mah. 24 of 201 2, s. 2, Sch., entry 37,
w.e.f. 1-5-1960.
1949 : XXV] The Maharashtra Prohibition Act 17
CHAPTER II
ESTABLISHMENT
3. 1[Commissioner of Prohibition and Excise].— The 2[State] Government may, by notification
notification in the Official Gazette, appoint an officer to be ca lled the 3[Commissioner of Proh ibition
and Excise], who subject to the control of the 4[State] Government and subject to such ge neral 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 a re conferred upon, by or under the provisions of this
Act and shall superintend the administration and carry out generally the provisions of this Act:
6[Provided that, the person holding the office of Director of Prohibition and Excise immediately
before t he commencement of the Maharashtra Director of Prohibition and Excise (Change in
Designation) Act, 1973 (Mah. LII of 1973) shall be the Commissioner of Prohibition and Excise for the
State and shall hold that Office until the State Government otherwise directs].
4. Collectors.— (1) The Collectors shall, within th e limits of their jurisdiction 7[* * * * * * *]
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 including the Collector of Bomb ay shall be
subordinate to the 8[Commissioner].
(3) The 9[State] Government may, by notification in the Official Gazette , appoint any p erson
other than the Collector 10[* * * *] to exercise in any district or p lace 11[all or any of the powers and
perform all or any of the duties] as are assigned by or under this Act to a Collector subject to such
control, if a ny, in addition to that of the 12[Commissioner] and of the 13[State] Government as the
14[State] Government may from time to time direct.
5. Subordinate officers.— To aid the 15[Commissioner] and the Collectors in carrying out t he
provisions of this Act, the 16[State] Government may appoint such subordinate officers with such
designations, and assign to them suc h powers, duties and functions under this Act, rules or regulations
or orders made thereunder, as may be deemed necessary.
6. Investing officers of 17[Police and] other departments with powers and duties under this
Act.— (1) The 18[State] Government may invest any officer of the Police department or any officer of
any other department either personally or in right of his office 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 officers 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.
1 This word was substituted for the word “Director” by Mah. 52 of 1973, s. 3, Schedule.
2 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3 These words were substituted for the words “Director of Prohibition and Excise” by Mah. 52 of 1973, s. 3, Schedule.
4 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
5 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
6 This proviso was substituted by Mah. 52 of 1973, s. 3, Schedule.
7 The words and figures “for which they are appointed as Collectors under the Bombay Land Revenue Code, 1879
(Bom. V of 1879)” were deleted by Bom. 12 of 1959, s. 8(a).
8 This word was substituted for the word “Director” by Mah. 52 of 1973, s. 3, Schedule.
9 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
10 The words “of land revenue” were deleted by Bom. 12 of 1959, s. 8(b)(i).
11 These words were substituted for the words “all the powers and perform all the duties” by Bom. 12 of 1959, s. 8(b)(ii).
12 This word was substituted for the word “Director” by Mah. 52 of 1973, s. 3, Schedule.
13 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
14 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
15 This word was substituted for the word “Director” by Mah. 52 of 1973, s. 3, Sch.
16 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
17 These words were inserted by Bom. 22 of 1960, s. 3(b).
18 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
18 The Maharashtra Prohibition Act [1949 : XXV
(2) The 1[State] Government may also invest any person 2[* * * ] 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 designation as the
3[State] Government may deem fit.
4[6A. Board of Experts. — 5[(1) 6[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 flavouring extract, essence or syrup containing alcohol,
7[is an article fit for use as intoxicating liquor, the State Government shall constitute a Board
Board of Experts.]
(2) The Board of Experts constituted under sub-section (1) shall consist of such members, not less
than 8[five in number], with such qualifications as may be prescribed. The members so appointed shall
hold office during the pleasure of the State Government.
(3) 9[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 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.
10[(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) is fit for use as intoxicating liqu or, 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 fit for use as intoxicating liquor, and upon
determination of the State Government that it is so fit, such article shall, until the contrary is proved, be
presumed to be fit for use as intoxicating liquor.]
11[(7) Until the State Government has determined as aforesaid any article mentioned in
sub-section (1) to be fit for use as intoxicating liquor, every such article shall be deemed to be unfit for
such use.]
7. 12[Other Boards and committees]. — (1) The 13[State] Government may appoint 14[other
boards and committees] to advise and assist officers in carrying out the provisions of this Act.
(2) Such 15[other boards and committees] shall perform such functions 16[as may be prescribed.]
1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 The words “working in an honorary capacity or otherwise” were deleted by Bom. 22 of 1960, s. 3(a).
3 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4 Section 6A was inserted by Bom. 26 of 1952, s. 3.
5 Sub-section (1) was substituted for the original by Bom. 36 of 1954, s. 3(i).
6 These words were substituted for the words “For the purpose of determining” by Bom. 22 of 1960, s. 4(a).
7 These wo rds were substituted for the words “is or is not an article unfit for use as intoxicating liquor, the State
Government shall constitute a Board of Experts” by Bom. 22 of 1960, s. 4(a).
8 These words were substituted for the words “three in number” by Bom. 22 of 1960, s. 4(b).
9 These words were substituted for the words “Two members” by Bom. 22 of 1960, s. 4(c).
10 Sub-section (6) was substituted for the original by Bom. 22 of 1960, s. 4(d).
11 Sub-section (7) was added by Bom. 22 of 1960, s. 4(e).
12 These words were substituted for the word “CommiExcerpt shown. Open the full act in Lexace.