The Maharashtra Director of Prohibition and Excise (Change in Designation) Act, 1973.

1973 :Mah. LII]  1 
THE MAHARASHTRA DIRECTOR OF PROHIBITION AND EXCISE (CHANGE IN 
DESIGNATION) ACT, 1973 
[Text as on 29th February 2024] 
—————— 
CONTENTS 
PREAMBLE. 
SECTIONS. 
 1.   Short title and commencement. 
 2.   Construction of references in enactments or instruments. 
 3.   Amendment of certain enactments. 
  SCHEDULE 
 
2 The Maharashtra Director of Prohibition and Excise  [1973 :Mah. LII 
                                                        (Change in Designation) Act, 1973 
1973 :Mah. LII] The Maharashtra Director of Prohibition and Excise  3 
                                                      (Change in Designation) Act, 1973 
MAHARASHTRA ACT No. LII of 19731 
[THE MAHARASHTRA DIRECTOR OF PROHIBITION AND EXCISE (CHANGE IN 
DESIGNATION) ACT, 1973.] 
[This Act received the assent of the President on the 21st December 1973; assent was first published  
in the Maharashtra Government Gazette on the 27th December 1973.] 
An Act further to amend certain enactments due to change in designation of the Director  
of Prohibition and Excise. 
WHEREAS the designation of the post Director of Prohibition and Excise is proposed to be 
changed to Commissioner of Prohibition and Excise ; 
AND WHEREAS as a consequence thereof it is expedient to amend certain enactments and to 
provide for matters connected therewith ; It is hereby enacted in the Twenty-fourth Year of Republic of 
India as follows :—  
1.  Short title and commencement.— (1) This Act may be called the Maharashtra Director of 
Prohibition and Excise (Change in Designation) Act, 1973. 
(2) It shall come into force on such date as the State Government may, by notification in the 
Official Gazette, appoint. 
2.  Construction of references in enactments or instruments. — Any reference by whatever 
form of words to “the Direct or of Prohibition and Excise” in any law for the time being in force, or 
in any instrument or document, shall, unless the context otherwise requires, be construed as a 
reference to the Comm issioner of Prohibition and Excise; and all proceedings pending befor e the 
Director of Prohibition and Excise shall be deemed to be transferred to the Commissioner 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 Prohibition and Excise is a party, the Commissioner 
of Prohibition and Excise shall be substituted as a party to these proceedings. 
3.  Amendment of certain enactments. — The enactments specified in column 1 of the 
Schedule are hereby amended in the manner and to the extent, shown in column 2 thereof. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
1  For Statement of Object and reasons, see Maharashtra Government Gazette , dated 27 th December 1973, Extraordinary 
No. 67, Part-IV, page 323. 
4  The Maharashtra Director of Prohibition and Excise  [1973 :Mah. LII 
                                                        (Change in Designation) Act, 1973 
SCHEDULE 
(See section 3) 
Enactments Amendments 
1 2 
1. The Bombay Prohibition Act, 1949 
(Bom. XXV of 1949). 
(1) Throughout the Act (including the marginal notes), 
except as otherwise expressly provided, for the word 
“Director” whether it occurs the word 
“Commissioner” shall be substituted. 
 (2) In section 2, for clause ( 5) the following shall be 
substituted, namely :— 
‘(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.’. 
 (3) In section 3— 
 (a) for the words “Director of Prohibition and Excise” 
where they occur for the first time the words 
“Commissioner of Prohibition and Excise” shall be 
substituted ; 
 (b) for the proviso the following shall be 
substituted, namely :— 
 “Provided that the person holding the office of  
Director of Prohibition and Excise immediately 
before the 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 Exc ise 
for the State and shall hold that office until the 
State Government otherwise directs.” 
2. The Bombay Opium Smoking Act, 1936 
(Bom. XX of 1936). 
(1) Throughout the Act, except as otherwise expressly 
provided, for the word “Director” the word 
“Commissioner” shall be substituted. 
 (2) In section 2, for clause ( 2), the following shall be 
substituted, namely :— 
 ‘(2) “Commissioner” means the  Commissioner of 
Prohibition and Excise appointed under the Bombay 
Prohibition Act, 1949 (Bom. XXV of 1949) and 
includes any officer on whom the State Government 
may confer all or any of the powers, duties and 
functions of the Commissioner under this Act’. 
3. The Bombay Drugs (Control) Act, 1959 
(Bom. XI OF 1960) 
(1) Throughout the Act, except as otherwise expressly 
provided, for the word “Director” the word 
“Commissioner” shall  be substituted ; 
 (2) In section 2, clause ( c), the following shall be 
substituted, namely :— 
 ‘(c) “Commissioner” means the Commissioner of 
Prohibition and Excise appointed under the Bombay 
Prohibition Act, 1949 (Bom. XXV of 1949) and 
includes any officer on whom the State Government 
may confer all or any of the powers, duties and 
functions of the Commissioner under this Act’. 
 

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