LexThe Nagaland Liquor Total Prohibition Act, 1989
Nagaland · state statute
Open in Lexace · Ask the AI about this actTHE NAGALAND LIQUOR TOTAL
PROHIBITION ACT, 1989.
(THE NAGALAND ACT NO. 4 OF 1990)
Received the assent of the Governor of Nagaland on 13th April, 1990 and published in the
Nagaland Gazette extraordinary dated 24th April 1990.
An
Act.
To totally prohibit possession, sale consumption and manufacture of liquor in and of
import and export thereof in the State of Nagaland.
Preamble:-
Whereas it is expedient to totally prohibit the possession, sale consumption and
manufacture of liquor and of import and export thereof in the State of Nagaland.
It is hereby enacted in the fortieth year of the Republic of India as follows:-
CHAPTER-1
1. Short Title, Extent and Commencement
(1) This Act may be called the “Nagaland Liquor Total Prohibition Act. 1989”
(2) It extends to the entire State of Nagaland.
(3) It shall come into force, on such date as the State Government may by
notification appoint.
2. Definitions
In this Act words and expressions used but not defined in this Act and defined in the
Nagaland Excise Act 1967, shall have the same meaning as are respectively assigned
to them in the Nagaland Excise Act 1967, and unless there is anything repugnant in
the subject or context:
(1) Armed forces, means, persons under the control of the Army Act, 1950 Air force
Act, 1950 and Naval Act, 1957.
(2) “Buy”, with all its grammatical variations, means any receipt for price paid in
cash or in kind, and includes any receipt by gift loan or otherwise.
(3) “Liquor”, means any liquor and includes all liquid consisting of or containing
ethyl alcohol, also any substance which the State Government may, by
notification, declare to be liquor for the purpose of this Act.
(4) “Manufacture” includes every process, whether natural or artificial by which any
liquor is produced or prepared, also re-distillation and every process for the
rectification, flavoring, blending or colouring of liquor.
(5) “Para Military Force” means persons under Assam Rifle Act, 1941 Border
Security Forces Act.1968 and members of any other force under the operational
command of Army.
(6) “Prescribed” means prescribed by rules under this Act.
(7) “Prohibition officer” includes the Director or any officer or person appointed to
exercise any of the powers or to perform any of the duties and function under the
provisions of this Act and also includes any officer or person invested with any
such powers and on whom any such functions or duties are imposed, and any
member of a committee or board.
(8) “Registered medical practitioner” means a person registered under the Indian
Medical Council Act 1956.
(9) “Sell” with all its grammatical variations, means any transfer including transfer
by a gift or loan or otherwise.
CHAPTER-II
3. Total Prohibition of liquor and Nagaland a dry State.
No person shall-
(1) transport, import or posses liquor,
(2) sell of buy liquor,
(3) consume liquor,
(4) manufacture liquor; and
(5) use or keep any material, utensil, implement or apparatus whatsoever for
manufacture of liquor.
Explanation: From the commencement of this Act:-
(1) The Nagaland shall be a dry State and;
(2) There shall be total prohibition of liquor in the State.
4. This Chapter Not to Apply to Certain Articles
Nothing in this chapter shall apply to-
(a) any toilet preparation containing alcohol which is unfit for use as liquor;
(b) any medical preparation containing alcohol which is unfit for use as liquor;
(c) any antiseptic preparation or solution containing alcohol which is unfit for use as
liquor;
(d) any flavouring extract, essence or syrup containing alcohol which is unfit for use
as liquor.
Provided that such articles corresponds with the description and limitations mentioned in
Section 33.
Provided further that the purchase, possession or use of any liquor or alcohol for the
manufacture of any such article shall not be made or had except under a permit granted
under section 15.
Explanation ;- Nothing in this section shall be construed to mean that any person may drink
any toilet preparation, or antiseptic preparation solution, containing alcohol; and it is
hereby provided that no person shall drink any such preparation.
(5). Prohibition of Publication of Advertisements Relating to Liquors etc:-
No person shall publishes or display advertisements of liquor or of any preparation fit
for use as liquor in the newspapers and periodicals and published in the State.
(6). Alteration of Denatured Spirit :-
No person shall-
(a) alter or attempt to alter any denatured spirit by dilution with water or by any
method whatsoever, with the intention that such spirit may be used for human
consumption, whether as a beverage or internally as a medicine or in any other
way whatsoever; or
(b) have in his Possession any denatured spirit in respect of which he knows or has
reason to believe that such alteration or attempt has been made.
7. Alteration of Denatured Spirituous Preparation :-
No person shall-
(a) alter or attempt to alter any denatured spirituous preparation by dilution with
water or by any method whatsoever, with the intention that such preparation may
be used for human consumption as a liquor, or
(b) have in his possession any denatured spirituous preparation in respect of which he
knows or has reason to believe that such alteration or attempt has been made.
8. Prohibition of Issuing Prescriptions for Liquor Except By Registered Medical
Practitioners:-
(1) No person other than Registered Medical Practitioner shall issue any prescription
for any liquor.
(2) No Registered Medical Practitioner such shall prescribe liquor, unless he believes
in good faith after careful medical examination of the person for whose use such
prescription is made, that the use of such liquor by such person is necessary and
will afford relief to him from some ailment.
(3) A registered medical practitioner shall State, in every prescription for liquor
issued by him the name and address of the person to whom issued, the date of
issue, directions and duration for use, and the amount and frequency of the dose,
and shall preserve, a copy of the prescription for one year from the date of issue.
On the copy so preserved he shall State the ailment for which the liquor is
prescribed.
9. Prohibition of Soliciting Use or of doing Any Act Calculated to Incite or Encourage
Member of Public to Commit Offence :-
No person shall —
(a) solicit the use of or offer any liquor or
(b) do any act which is calculated to incite or encourage any class of individuals or
the public generally to commit any offence under this Act or to commit a breach
of any rule, regulation or order made or the conditions of any permit, pass or
authorization granted thereunder.
10. Prohibition of Consumption of Medicinal Preparation Containing Alcohol in Excess
of Normal Dose ;-
No person, shall for the purpose of producing a State of intoxication, consume any
medicinal preparation containing alcohol in any quantity exceeding the normal dose.
Explanation. The expression “normal dose”, in relation to any medicinal preparation, means
the quantity prescribed by a Registered Medical Practitioner to be taken at a time and
in a case where no such prescription has been obtained, the quantity indicated to be
taken at a time in the directions given by the manufacturer of the medicinal
preparation.
11. Prohibition Against possession of Denatured Spirituous Preparation in Excess of
Prescribed Limit ;-
(1) No person, shall have in his possession. except, under a permit granted by an
officer empowered by the State Government in that behalf, any quantity of
denatured spirituous preparation in excess of such quantity as the State
Government may, by notification in the official Gazette, specify.
(2) In specifying quantity for possession of denatured spirituous preparation under
sub-section (1) regard shall be had to the necessity for the free possession of such
preparation for legitimate domestic and other purpose and different limits may be
fixed for
(i) different local areas,
(ii) different classes of persons, and
(iii) different occasions.
12. Regulation of Manufacture, etc. of Denatured Spirituous Preparation:-
(1) No person shall-
(a) manufacture, sell or bottle for sale any denatured spirit or its preparation,
except under the authority and in accordance with the terms and conditions of
a permit
(b) import, export or transport any denatured spirit or its preparation in excess of
the limit of possession specified under sub-section (1) of section 11 except
under the authority and in accordance with the terms and conditions of a
permit.
(c) drink any denatured spirit or its preparation.
(2) a permit required under sub-section (1) shall be granted by an officer
empowered by the State Government.
13. General Conditions Regarding Permits etc. :-
All permits, passes, or authorization granted under this Act shall be in such form and
shall, be subject to such conditions as may be prescribed and shall be granted on
payment of the prescribed fee provided that every permit, pass or authorization shall
be granted only on the conditions that the person applying undertakes, and in the
opinion of the officer authorized to grant the permit, pass or authorization is likely to
abide by all the conditions of the permit, pass or authorizations and the provisions of
this Act.
14. Health Prescriptions:-
Notwithstanding anything herein before contained, the State Government may
prescribe the conditions under which permits may be issued for possession, use or
consumption of liquor on health ground by a registered medical practioner.
15. Permits For Medicinal, Scientific and Industrial Purposes
The State Government may prescribe the conditions under which permit may be
issued for the manufacture, import transport or possession of liquor on the ground that
such liquor is required by such person for a bonafide medicinal, scientific, industrial
of such like purposes.
16. Special Permits to Foreign Sovereign etc.
The State Government and the Director may grant permit on such conditions and for
such periods as may be specified for the use and consumption of liquor by any person
who is-
(a) a sovereign or Head of foreign country, or
(b) an Ambassador, Diplomatic envoy or counsel, Honorary Counsel or trade,
commerce or other representatives of a foreign country, or
(c) a foreign national on tour to India, and
(d) the consort of any person specified in Clause (a), (b), (c) or any relation of such
person and dependent upon him.
17. Permission to Use or Consumption of Liquor in Mass and Canteens of Armed
Forces etc.:-
The State Government may, on such conditions as may be specified by a general or
special order, permit-
(i) the sale of liquor, and
(ii) the purchase, use or consumption of such liquor in the State by-
(iii) the members of Armed. Forces and paramilitary forces in their mess and canteens
:
18. Regulation of Use or Consumption of Liquor by Permit Holders
(i) No holder of a permit under any of the provisions of this Act shall drink in a
public place or institution to which the public may have access.
(ii) No holder of permit granted under this Act shall allow the use or consumption of
any part of the liquor held by him to any ether person not so authorized to use or
consume liquor under this Act.
19. Through Transport ;-
The through transport-
(a) of any consignment of any liquor, denatured spirit or its preparation, by a railway
administration or by road transport or air service, or
(b) of any liquor, denatured spirit or its preparation otherwise than by way of
consignment, shall be subject to such conditions as may he prescribed.
20. Permit for Bonafide Medical and Other Purpose:-
(1) The State Government may by rules, or by an order in writing, authorize an
officer to grant permit to any person, or institution, for the purchase, possession,
or use of liquor or any article containing liquor for a bonafide medicinal, scien-
tific or industrial purpose :
(2) The State Government may, by rules or order in writing authorize an officer to
grant permit for the purchase, possession, or use of any liquor or denatured spirit
for the manufacture of any articles mentioned in section 4 on such conditions as
may be prescribed :
Provided further that, no permit shall be necessary for the possession of denatured spirit
unto such quantity as may be prescribed.
21. Power to Cancel or Suspend Permits etc.
(1) Subject to such conditions as the State Government may prescribe, the authority
granting any permit under this Act may cancel or suspend the same on any of the
following grounds :
(a) If any duty or fee payable by the holder thereof has not been paid;
(b) If there is breach of any of the terms and conditions by the holder thereof or
by his agent, or by any one acting on his behalf with his express or implied
permission;
(c) If the holder thereof is convicted of any offence punishable under this Act or
any other law for the time being in force relating to revenue;
(d) If the holder thereof is guilty of any cognizable or nonbailable offence;
(e) If the holder thereof is guilty of any offence punishable under the Nagaland
Excise Act 1967, the Narcotic Drugs and Psychotropic Substances Act, 1985
Medicinal and Toilet preparations (Excise Duties) Act 1955;
(f) If the holder thereof is guilty of any offence punishable under Section 112
and 114 of the Customs Act, 1962;
(g) If the holder thereof is guilty of any offence punishable under Section 482 to
489 of the Indian Penal Code;
(h) If the conditions of permit provided for such cancellation or suspension;
(i) if the permit, pass or authorization has been obtained through willful mis-
representation or fraud.
(2) No person to whom a permit has been granted under this Act shall have any
claim for compensation for the cancellation or suspension of his permit under this
Act or to the refund of any fee paid or deposited relating thereto;
(3) any holder of a permit for denatured spirit or liquor granted and covered under
this Act may surrender this permit on expiration of one month’s notice given by
him to Director of his intention to surrender the same and on payment of the fee
payable for the permit for the whole period for which it would have subsisted but
for such surrender.
(4) No person to whom a permit has been granted under this Act shall have any
claim to renewal of such permit or any claim to compensation on the
determination thereof.
22. Right, Title or Interest Under Permit Not Liable to be Sold or Attached in
Execution
Not withstanding anything contained in any law for the time being in force no right,
title or interest in any permit, pass or authorization granted under this Act, shall be
liable to be sold, transferred or attached in execution of any process of any civil or
any other court.
23. Supervision over Manufacture, of Denatured Spirituous Preparation :-
The State Government may by general or special order direct that the, manufacture,
import—export, transport, storage, sale purchase use, collection of denatured
spirituous preparation be under the supervision of such Prohibition, Excise or Police
staff as it may deem proper to appoint, and that the cost of such staff shall he paid to
the State Government by the person manufacturing, importing, exporting,
transporting, storing, selling, purchasing, using or collecting denatured spirituous
preparation;
Provide that, the State Government may exempt any class of persons or institutions from
paying the whole or any part of the cost of such staff.
24. Director Entitled to Require Permit Holder to Dispose Stocks :-
(1) Notwithstanding the fact that the period during which any permit, pass or
authorization is to he in force has not expired, the Director may require the
holder thereof to dispose of his stock of liquor, denatured spirit or its preparation,
before such date as may be specified in the order.
(2) The Director may also require the owner of the stock of any liquor, denatured
spirit or its preparation, who does not hold any valid permit, pass or authorisation
for such stock to dispose of the said stock before such date as may be specified in
the order and the owner shall comply with the order.
(3) Any stock of liquor, denatured spirit or its preparation, left undisposed after the
date so specified shall, together with receptacles packages in which it is
contained, be liable to forfeiture to the State Government on the order of the
Director. On the cancellation or the expiry of the period of any permit, pass on
authorisation, the Director may also direct that any stock of any liquor, denatured
spirit or its preparation, remaining with the holder of the permit, pass or
authorisation, together with receptacles or packages thereof be forfeited to the
State Government.
(4) If the articles which are forfeited under sub-section (2) are sold Director may,
after deducting cost of such sale, order the sale proceeds of such articles be paid
to the owner thereof.
(5) No direction or order under sub-section (1), (2), (3) shall he made unless the
person, likely to be adversely affected by such direction or order is given
reasonable opportunity of being heard, and the reasons are recorded in writing by
the Director
CHAPTER-III
25. Director of Prohibition:-
The State Government may by notification in the Official Gazette, appoint an officer
to be called the Director of Prohibition who subject to the control or the State
Government and subject to such general or special orders as the State Government
may from time to time make, shall exercise such powers and shall perform such duties
and such functions as are conferred upon, by or under the provisions of this Act and
shall surprinted the administration and carry out generally the provisions of this Act.
26. Prohibition Officers :-
To aid the Director in carrying out the provisions of this Act, the State Government
may appoint such prohibition officers with such designations, and assign to them such
powers; duties and functions under this Act, rules or regulations or orders made
thereunder, as may be deemed necessary
27. Prohibition Council and Committee
(1) The State Government may, by notification in the Official Gazette, constitute for
the State and for such period as it may deem fit, a State Prohibition Council
consisting of two or more Officials and Non-Officials as may be prescribed by
the State Government. The State Government may also, by like notification,
dissolve or-reconstitute any such Council,
(2) The State Government may, by notification in the official Gazette, constitute for
a district, or part thereof and for such period as it may deem fit, Prohibition
Committees consisting of two or more officials and non-officials. The
Government may also, by like notification, dissolve or reconstitute such
Prohibition Committees.
(3) For the purpose of the Act, the State Government may, by notification in the
Official Gazette, appoint arty member of a Prohibition Committee by virtue of
office or otherwise to be a prohibition Officer and the relation of the officer so
appointed to the State Prohibition Council shall he such as may be prescribed.
(4) The duties to be performed by the State Prohibition Council arid Prohibition
Committees and the relation between the Council and the Committees shall be as
may be prescribed.
28. Control of Director over Prohibition Officers and Other Officers :-
In exercise of their powers and in discharge of their duties and functions under the
provisions of this Act or orders made thereunder, all Prohibition Officers and all
officers including the officers of the Police and other departments shall, subjects to
the general or special orders of the State Government he subordinate to and under the
control of the Director and shall be bound to follow such orders as the Director may,
from to time make.
29. Delegation :-
(1) The State Government may delegate any of the powers exercisable by it under
this Act to the Director or such other officer as it deems fit.
(2) Subject to the control and direction of the State Government the powers
conferred on the Director or any other officer appointed or invested with powers
under this Act may be delegated by him to any of his subordinates.
30. Duty of Officers of Government and Local Authorities to Assist :-
Every officer of the Government and every officer or servant of a local authority,
shall be legally hound to assist any Prohibition Officer or police officer or person
authorised in this behalf in carrying out the provisions of this Act.
31. Landlords and Others to Give Information :-
Every person who owns or occupies any land or building or who is a landlord of an
estate residing in the villages, and the agent of such owner, occupier or landlord of the
land, building, or estate, as the case may be, in which there has been any unlawful
manufacture of any liquor or any owner of a vessel of vehicle in which liquor is
manufactured shall in the absence of reasonable excuse, be bound to give notice of the
same to a Magistrate or to a Prohibition Officer or to a Police Officer immediately
after the same have come to his knowledge.
32. Investment of Powers of Officer-incharge of Police Station:-
The State Government may invest any officer of the Excise Department not below the
rank of Inspector with the Powers of an Officer-in-Charge of a Police Station for the
investigation of offences under this Act.
33. Control of Manufacture of Articles Mentioned in Section 4 :-
(1) No manufacturer of any of the articles mentioned in section 4 shall sell, use or
dispose of any liquor purchased or possessed for the purposes of such
manufacture under the provisions of this Act otherwise than as an ingredient of
the articles authorised to be manufactured therefrom. No more alcohol shall be
used in the manufacture of any of the articles mentioned in section 4 than the
quantity necessary for extraction or solution of the elements contained therein
and for the preservation of the articles.
Provided that in the case of manufacture of any of the articles mentioned in section 4 in
which the alcohol is generated by a process of fermentation the amount of such alcohol
shall not exceed 12 percent by volume.
(2) No person shall-
(a) knowingly sell any article mentioned in section 4 for being used as an
intoxicating drink, or
(b) sell any such article under circumstance from which he might reasonably
deduce the intention of the purchaser to use them for intoxication.
34. Analysis of Articles Mentioned in Section 4:- -
(1) Whenever the Director has reason to believe that any of the articles mentioned in
section 4, does not correspond with the description and limitations provided in
section 33. He shall cause an analysis of the said articles to he made and if upon
such analysis it is found that the said articles does not so correspond, he shall
give not less than fifteen days notice, in writing to the person who is the
manufacturer thereof or is known or believed to have imported or obtained such
article, to show cause why the said article should not be dealt with as liquor, such
notice may be served personally or by registered post as the Director may
determine, and shall specify the time when, place where, and the name of the
officer before whom such person is required to appear.
(2) If the person fails to show to the satisfaction of the Director or any other officer
so named that the said article corresponds with the description anti limitations
provided in section 33 the Director may, by notification in the Official Gazette,
direct that the said article be dealt with as a liquor and thereupon the provisions
of this Act relating to liquor shall apply to that article.
(3) Whenever the Director causes an analysis of an article mentioned in section 4 to
be made under sub-section (1) or gives notice thereunder, he may require the
person who is the manufacturer thereof or who is known or believed to have
imported or obtained such articles, not to sell, distribute or otherwise deal with
such article, or to remove it from any place without previous permission of the
Director, for any period not exceeding three months from the date of such
requisition or till the result of the analysis is known and communicated, to him in
writing by the Director, whichever is earlier, or as the case may be, till such
manufacturer or other person satisfies the Director that the article corresponds to
the description and conditions provided in section 33 and thereupon such
manufacturer or person shall comply with such requisition during the said period.
CHAPTER-IV
35. Issue of Warrant ;-
(1) A Deputy Commissioner, Additional Deputy Commissioner or a Sub-Divisional
Officer (Civil) or a Magistrate of the First Class, or an Officer of the Excise
Department not below the rank of a Superintendent Specially empowered by the
State Government on this behalf, may issue a warrant for the arrest of any person
whom he has reason to believe to have committed an offence whom he has
reason to believer to have committed an offence punishable under this Act or the
rules thereunder, or for the search. Whether by day or by night, of any buildings,
vessels or places in which he has reason to believe that any liquor material,
utensil, implement or apparatus, in respect or which an offence punishable under
this Act has been comraited, is kept or concealed.
(2) The Officer to whom a search warrant under sub section (1) is addressed shall
have all the powers of an officer under Section 37.
36. Power of Entry and Inspection :-
(1) Any Officer of the Excise Department not below the rank of Assistant Inspector
of Excise and any Police Officer not below the rank of sub-Inspector of Police,
and any person authorised in this behalf by the State Government who has reason
to believe, from personal knowledge or from information received from any
person that any liquor, material, utensil, implement or apparatus in respect of
which an offence punishable under this Act or the rule is kept or concealed in any
building, vessel, or enclosed placed, may, between sunrise and sunset:
(a) enter into any such building vessel or place;
(b) in case of resistance break open any door and remove any other obstacle to
such entry;
(c) seize such liquor, material, utensil, implement or apparatus, and any
document or apparatus. or other articles which may furnish evidence of the
commission of the offence;
(d) detain, search and arrest any person whom he has reason to believe to have
committed an offence against this Act relating to such liquor, material,
utensil, implement or apparatus
Provided that if such officer has reason to believe that a search warrant cannot be obtained
without affording opportunity for the concealment of evidence or facilitate the escape of
an offender, he may, after recording the grounds of his belief, enter and search such
buildings, vessel or enclosed place at any time between sunset and sunrise.
(2) Where on officer receive down any information under sub- section (1). or records
grounds for his belief under the previse thereto, he snail forthwith send a copy
thereof to his immediate official superior.
37. Power of Seizure and Arrest in Public Places
Any officer of any of the Department referred to in section 36 may
(a) Seize, in any public place or in transit any liquor, material, utensil, implement or
apparatus in respect of which lie has reasons to believe that an offence
punishable under this Act or the rules made thereunder, has been committed, and
alongwith it, any document or other article which may furnish evidence of the
commission of the offence, and
(b) detain, search and arrest any person whom he has reason to believe to have
committed an offence against this Act.
38. Mode of Executing Warrants :-
The provisions of the Code or Criminal Procedure, 1973 shall in so far they are
applicable, appeal to warrants and making of searches, arrests and seizures under this
Act.
39. Report of Arrest and Seizure :-
Any, Officer making an arrest or seizure under this Act shall, within twenty-four
hours of such seizure and arrest, make a full report of all the particulars of such arrest
or seizure to his immediate official superior, and produce the arrested person before a
magistrate.
40. Disposal of Articles Seized :-
When anything has been seized under the provisions of this Act by a Prohibition
Officer or by an Office-in-charge of a Police Station, or has been sent to him in
accordance with the provisions or this Act, such Officer; after such inquiry as may be
deemed necessary.
(a) If it appear that such thing is required as evidence in the case of any person
arrested, shall forward it to the Magistrate to whom such person is forwarded for
his appearance or by whom bail has been taken,
(b) If it appears that such thing is liable to confiscation but is not required as evidence
as aforesaid, shall send it with a full report of the particulars of seizure to the
Director.
(c) If no offence appear to have been committed shall return it to the person from
whose possession it was taken.
41. Confiscation of Articles:-
Where in the opinion of the Court an offence has been committed under this Act, the
Court shall pass an order that the liquor, material, utensil, implement or apparatus in
respect of, or by means of which the offence has been committed be confiscated
whether or not any person has been put on trial or convicted alongwith all receptacle,
packages, vessels animals, carts or other vehicles used or employed, to contain or
carry the same, unless for sufficient reasons to be recorded in writing the court, directs
otherwise.
Provided that any person, having lawful claim to any such commodity, articles, animals, or
other things aforesaid may file, before the Court a claim in respect thereof within thirty
days of such order of confiscation, and if the claim made out to the satisfaction of the
Court, the order of confiscation shall be cancelled and the liquor or other things shall be
returned to such claimant.
42. Offence to be Reported :-
Every officer of the State Government, and every officer or servant of a local
authority, and the Gaon Burrah or Assistant Gaon Burrah of a village shall he bound;
(a) to give immediate information at the nearest Police Station or to any officer or
person authorised in this behalf of the commission of any offence and of the
intention or preparation to commit any offence under this Act which may come to
his knowledge:
(b) to take all reasonable measures in their power to prevent the commission of any
such offence which they may know or have reason to believe is about or likely to
be committed.
43. Cognizance of Offence:-
No Court shall take congnizance of an offence under this Act unless a complaint in
this regard in made by the Director of Prohibition or any officer authorised by him.
44. PENALTY FOR ILLEGAL IMPORT, ETC. OF LIQUOR :-
Whoever, in contravention of the provision of this Act, or of any rule, regulation or
order made or of any pass, permit or authorisation granted thereunder.
(a) imports or exports any liquor
(b) manufactures any liquor
(c) constructs or works any distillery or brewery;
(d) bottles liquor;
(e) sells or buys any liquor;
(f) uses, keeps or has in his possession any materials, utensils, implements or
apparatus for the purpose of manufacturing any liquor.
shall on conviction, be punished for each such offence with imprisonment for a term which
may extend to three years and also with fine;
Provided that in the absence of special and adequate reasons to the contrary to be
mentioned in the judgment of the Court
(i) for the first offence, such imprisonment shall not beless than six months, and fine
shall not he less than five hundred rupees;
(ii) for a second offence, such imprisonment shall not be less than nine months, and
fine shall not be less than one thousand rupees;
(iii) for a third or subsequent offences, such imprisonment shall not be less than one
year and fine shall not be less than two thousand rupees.
45.Penalty For Alteration or Attempting to Alter Denatured Spirit :-
(1) Whoever in contravention of section 6 alters or attempts to alter any denatured
spirit or has in his possession any spirit in respect of which he knows or has
reason to believe that any such alteration or attempt has been made shall on
conviction be punished with imprisonment for a term which may extend to one
year and fine which may extend to one thousand rupees;
Provided that in the absence of special and adequate reason to the contrary to he
mentioned in the judgement of the Court, such imprisonment shall not be less than three
months and fine shall not be less than hundred rupee.
(2) In prosecutions under this section, it shall be presumed, until the contrary is
proved that the alteration or attempt to alter any denatured spirit was done with
the intention that such spirit may be used for human consumption as liquor.
46. Penalty or Alteration or Attempting to Alter Denatured Spirituous Preparation :-
(1) Whoever in contravention of section 7 alters or attempts to alter any denatured
spirituous preparation or has in his possession any such preparation in respect or
which he knows or has reason to believe that any such alteration or attempt has
been made shall, on conviction, be punished with imprisonment for a term which
may extend to one year and with fine which may be extended to one thousand
rupee;
Provided that in the absence of special and adequate reasons to the contrary to be
mentioned in the judgement of the Court, such imprisonment shall not be less than three
months and fine shall not be less than five hundred rupees.
(2) In prosecutions under this Section it shall he presumed, until the contrary is
proved, that the alteration or attempt to alter any denatured spirituous preparation
was done with the intention that it may be used for human consumption as liquor.
47. Penalty For Contravention of Provision Regarding Prescriptions ;-
Whoever-
(a) not being a registered medical practitioner issues a prescription for intoxicating
liquor, or
(b) being a registered medical practitioner.
(i) prescribes liquor in contravention of the provisions of section 8 or
(ii) fails, without reasonable excuse, to State in the prescription for liquor the
particulars required by Section 8 to he Stated therein, or
(iii) fails to preserve such prescription, or a copy thereof, for the period for which
it is required by that section to be preserved,
shall on conviction, he punished with imprisonment for a term which may extend to six
months or with fine which may extend to one thousand rupees or with both.
48. Penalty For Manufacturing Article Mentioned in Section 4 in Contravention of the
Provisions of Section 33
(1) Whoever in contravention of the provisions of section 33,
(a) manufactures, imports or exports any article mentioned in section 4, or
(b) sells, uses or disposes of any liquor other than an ingredient of any article
mentioned in section 4. or
(c) uses more alcohol in the manufacture of any of the articles mentioned in
section 4 than the quantity necessary for extraction or solution of the
elements contained therein and for the preservation of such article, or,
(d) knowingly sells any such article for being used as liquor or sells any such
article tinder circumstances from which it might reasonably deduce the
intention of the purchaser to use them for such purpose, shall, on conviction,
be punished with imprisonment for a term which may extend to one year or
with fine or with both.
(2) No person who has been convicted for any offence under this Act or has paid any
sum of money under this Act by way of composition for such offence shall be
entitled to manufacture, import or to sell any article mentioned in section 4 for a
period of one year from the date of such conviction or payment, and any person
who imports, manufactures or sells any such article in contravention of this Sub-
section shall be liable to the same punishment as is provided for an offence
punishable under section 44
49. Penalty For Failure to Satisfy the Director Under Section 33
(1) If the manufacture of any other articles mentioned in section 4 fails to show to
the satisfaction of the Director that the article corresponds to the descriptions and
limitations provided in section 33 his licence for the purchases, use or possession
of liquor for the manufacture of such article shall he revoked.
(2) Any person who fails to comply with any requisition made by the Director under
sub-section (2) of section 34 shall, on conviction, he punished with imprisonment
for a term which may he extended to one year or with fine or with both.
50. Penalty For Possessing etc., Denatured spirit or its Preparations in Contravention of
Provision of Section 11 and 12:
Whoever-
(a) in contravention of the provisions of section 11 possesses, without a permit, any
denatured spirit or its preparation in excess of the quantity prescribed under that
section, or
(b) in contravention of the provisions of section 12 manufactures, sells, bottles for
sale or imports, exports or transports any denatured spirit or its preparation, or
drinks ally denatured spirituous preparation, shall on conviction, be punished-
(i) for the first offence, with imprisonment for a term which may extend to six
months and with fine which may extend to one thousand rupees
Provided that in the absence of special and adequate reasons to the contrary, to he
mentioned in the judgement of the Court, such imprisonment shall not he less than five
hundred rupees
(ii) for a second offence, with imprisonment for a term which may extend to two
years and with fine which may extend to two thousand rupees
Provided that, in the absence of special and adequate reasons to the contrary to he
mentioned in the judgement of the Court, such imprisonment shall not he Less that six
months and the fine shall not be less than one thousand rupees;
(iii) for a third or subsequent offences, with imprisonment for a term which may
extend to two years and with fine which may extend to two thousand rupees;
Provided that, in the absence of special and adequate reasons to the contrary to be
mentioned in the judgement of the Court, such imprisonment shall not be less than nine
months and fine shall not be less than one thousand rupees.
51. Penalty For Opening etc. of Common Drinking House;
Whoever, being the owner or occupier or having the use of any house, room
enclosures, space, vessel, vehicle or place, knowingly permits it to be used for the
commission, by any other person, of an offence punishable under this Act or the Rules
made thereunder, shall be punished with imprisonment for a term which may extend
to six months but not less than one month and with fine which may extend to five
hundred rupees but not less than fifty rupees
52. Penalty For Printing or Publishing Advertisement in contravention of Provision of
Act, etc:
Whoever, in contravention of the provisions of this Act, or of any Rule, Regulation or
Order made thereunder prints, or publishes in any newspaper, news-sheet, book,
leaflet, booklet, or any single or periodical publication or otherwise displays or
distributes any advertisements of other matte.
(a) which solicits the use of or offers any liquor, 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 of the conditions of a permit, pass or
authorization granted thereunder, shall, on conviction, be punished with
imprisonment for a term which may extend to six months or with fine which may
extend to five hundred rupees or with both.
53. Penalty For Inciting or Encouraging Certain Offence etc.
Whoever, in contravention of the provisions of this Act. or any Rule, Regulation or
Order made thereunder,
(a) solicits the use of or offers any liquor, or
(b) does any act which is calculated to incite or encourage any individual or a class of
individuals or the public generally to commit an offence under this Act or to
commit a breach of any Rule, Regulation or Order made thereunder or conditions
of a permit pass or authorisation granted thereunder, shall on conviction be
punished with Imprisonment for a term which may extend to six months or with
fine which max extend to one thousand rupees or with both.
54. Penalty For Contravention or Provisions of Section 18
Whoever, in contravention of provisions of section 18.
(a) drinks in a public place or an institution to which the public may have access,
(b) allows the use or consumption of any quantity of liquor possessed by him to any
other person, shall, on consumption, be punished for every such offence with
imprisonment which max extend to six months or with fine which may extend to
two thousand rupees, or with both.
55. Penalty For Neglect to Keep Measures, etc:
Whoever, in contravention of the provisions of this Act, rule or regulation or order or
condition of any permit or pass granted under this Act,
(a) neglects to supply himself, with measures and weights for measuring and
weighing any liquor or with instruments for testing the strength of liquor or keep
the same in good condition, or
(b) refuses to measure, weight or test any liquor in his possession or to have it,
weighed, measured or tested shall, on conviction, be punished for each offence
with fine wExcerpt shown. Open the full act in Lexace.