The ORISSA PROHIBITION ACT, 1956

THE ORISSA PROHIBITION ACT, 1956
ACT NO. 9 OF 1957
Revised assent of the President on the 21st February 1957, first published in an
extraordinary issue of the Orissa Gazette, dated  the 10th April 1957.
PREAMBLE
AN ACT TO INTRODUCE AND EXTEND THE PROHIBITION OF THE
MANUFACTURE, SALE AND CONSUMPTION OF INTOXICATING
LIQUORS IN THE DRUGS IN THE STATE OF ORISSA
Whereas it is expedient as early as possible to bring about and extend the
prohibition, except in respect of sacramental, medicinal, scientific, Industrial and
such like purposes, of the production, manufacture, possession, export, import,
transport, purchase, sale and consumption of intoxicating liquors and drugs in
the State of Orissa;
It is hereby enacted by the Legislature of the State of Orissa in the Seventh
Year of the Republic of India as follows:
1 - Short title, extent and commencement :- (1) This Act may be
called the Orissa Prohibition Act, 1956.
(2) It extends to the whole of the State of Orissa.
(3) Sections 1 and 3 shall come into force at once and the remaining
provisions of this Act shall come into force in respect of such of the intoxicating
liquors and drugs and in such area or areas and on such date or dates as the
State Government may, by notification, appoint.
2 - Repeal :- (1) From the date on which the provisions of this Act, other
than Sections 1 and 3 comes into force in any local area, the enactments mentioned
in the Schedule shall cease to be in force in such area to the extent specified in
the fourth column of the Schedule.
(2) The Orissa Prohibition Act, 1939 (Orissa Act VII of 1939) is hereby
repealed.
3 - Definitions :- In this Act unless there is anything repugnant in the
 * Published vide Orissa Act No. 9 of 1957.
For Statement of Objects and Reasons, see Orissa Gazette Ext. 29-3-1956, and for
Report of the Select Committee, see ibid, dated the 14th September, 1956.
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. Dated :  10th April 1957
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subject or context-
(1) "alcohol" means ethyl alcohol of any strength and purity having the
chemical composition C2, H5, OH.;
(2) "to bottle" means to transfer liquor 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 rebottling;
(3) "buy" or "buying" includes any receipt including gift;
(4) "Collector" includes any person specially empowered by the State
Government to exercise all or any of the powers and to perform all or any of the
duties of a Collector under this Act;
(5) "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 or management or
control of such place whether by way of charge for the use of the place of for
drinking facilities provided or otherwise howsoever and includes premises of a
club or any other place which is used for the purpose of drinking liquor or
consuming any intoxicating drug by more than one person without a licence granted
under this Act;
(6) "cultivation" includes the tending or protecting of a plant during growth
and does not necessarily imply raising it from seed;
(7) "to drink", with its grammatical variations, means to drink liquor or to
consume any intoxicating drug;
(8) "export" means-
(a) to take out of any local area in which this Act is in force to any other
local area in the State of Orissa in which this Act is not in force; or
(b) to take out of the State of Orissa;
(9) "foreign liquor" includes all liquor brought into India by sea, air or land:
Provided that the State Government may, by notification, declare that any
specified description of any other liqour shall, for the purposes of this Act, be
deemed to be foreign liquor-
(10) "import" means-
(a) to bring into any local area in which this Act is in force from any other
local area in the State of Orissa in which this Act is not in force; or
(b) to bring into the State of Orissa;
(11) "Intoxicating drug" means-
(i) the leaves, small stalks and flowering or fruiting tops of the Indian
hemp plant (Cannabis Sativa) including all forms known as bhang,
siddhi 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
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necessary for packing and transport;
(iii) any mixture, with or without neutral materials, of any of the above
form of intoxicating drug or any drink prepared therefrom; and
(iv) any other intoxicating or narcotic substance which the State
Government may, by notification, declare, to be an intoxicating drug,
such substance not being opium, coca leaf or a manufactured drug
as defined in Section 2 of the Dangerous Drugs Act, 1930 (11 of
1930)
(12) "liquor" meahs intoxicating liquor and includes spirits or wine,
methylated spirits, spirits, wine, beer, tari and all liquids consisting of or containing
alcohol but does not include sweet-tari;
(13) "manufacture" includes-
(a) every process whether natural or artificial by which any liquor or
intoxicating drug is produced, prepared or blended and also
redistillation 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 tari from trees;
(14) "medicinal preparations" includes all drugs which are a remedy or
prescription prepared for internal or external use of human beings or animals
and all substances intended to be used for or in the treatment, mitigation or
prevention of disease in human beings or animals;
(15) "molasses" means the heavy, dark coloured residual syrup drained
away in the final stage of the manufacture of gur or sugar containing, in solution
or suspension, sugar 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;
(16) "Officer-in-charge of a police-station" has the same meaning as in
the Code of Criminal Procedure, 1898 (V of 1898) and includes any person or an
Officer-in-charge of a police-station under Section 53;
(17) "place" includes house with its premises, shed, enclosure, space,
building, shop, tent, vessel, booth, raft and vehicle;
(18) "prescribed" means prescribed by rules made under this Act;
(19) "Prohibition Commissioner"  means such officer as the State
Government may, by notification, appoint under Sub-section (1) of Section 48;
(20) "Prohibition authority" means the Prohibition Commissioner , a Collector
or any other Prohibition Officer appointed for performing any of the functions
under this Act;
(21) "rectification" includes every process whereby spirits are purified or
recoloured or flavoured by mixing any material therewith;
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(22) "Registered Medical Practitioner" means any person registered under
the provisions of any law for the time being in force :
(23) "sale" or "selling" includes any transfer including gift;
(24) "spirit" means any liquor containing alcohol and obtained by distillation
whether denatured or not;
Explanation-'Denatured" means subjected to a process prescribed by the
State Government by notification for the purpose of rendering unfit for human
consumption;
(25) "sweet-tari" means juice drawn into receptacles treated with lime or
any other prescribed substance or in any prescribed method or manner so as to
prevent any fermentation;
(26) "tari" means the fermented or unfermented juice drawn from a
cocoanut, palmyra, date or and other kind of palm tree and does not include
sweet-tari;
(27) "toilet preparation" means any preparation, which is intended for use
in the toilet of the human body or in perfuming apparel of any description or any
substance intended to cleanse, improve or alter the complexion, skin, hair or
teeth, and includes deodorants and perfumes;
(28) "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;
(29) "transport" means to move from one place to another within any local
area to which this Act applies.
4 - Prohibition of the manufacture of, traffic in, and consumption
of, liquors and intoxicating drugs :- (1) Whoever-
(a) imports, exports, transports or possesses liquor or any intoxicating
drug; or
(b) manufactures liquor or any intoxicating drug; or
(c) except in accordance with the rules made by the State Government
in that behalf, cultivates the hemp plant (Cannabis Sativa); or collects
any portion of such plant from which an intoxicating drug can be
manufactured; or
(d) taps any tari-producing tree or permits or suffers to be tapped any
tari-producing tree belonging to him or in his possession; or
(e) draws tari from any tree or permits or suffers tari to be drawn from
any tree belonging to him or in his possession; or
(f) constructs or works any distillery or brewery; or
(g) uses, keeps or has in his possession any materials, steel, utensil,
implement or apparatus whatsoever for the tapping of tari or the
manufacture of liquor or any intoxicating drug; or
(h) bottles any liquor for purposes of sale; or
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(i) sells liquor or any intoxicating drug; or
(j) drinks pr buys liquor or any intoxicating drug; or
(k) allows any of the acts aforesaid upon premises in his immediate
possession;
shall be punished-
(i) in the case of an offence failing under Clause (a), Clause (b). Clause
(f), Clause (g), Clause (h) or Clause (i), or an offence failing under
Clause (k) in so far as it relates to an act specified to any of the
clauses aforesaid, with imprisonment 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 be
mentioned in the judgment of the Court, such imprisonment shall not be less
than one month and fine shall not be less than one hundred rupees; and
(ii) in any other case with imprisonment which may extend to three
months or with fine which may extend to two hundred rupees, or
with broth :
Provided that nothing contained in this sub-section shall apply to any act
done under and in accordance with the provisions of this Act or the terms of any
rule, notification, order, licence or permit issued thereunder.
(2) It shall be presumed until the contrary is shown-
(a) that a person accused of any offence under Clauses (a) to (j) of Sub-
section (1) has committed such offence in respect of any liquor or
intoxicating drug or any still, utensil, implement or apparatus
whatsoever, for the tapping of tari or the manufacture of liquor or
any intoxicating drug, or any such materials, as are ordinarily used
in the tapping of tari of the manufacture of liquor or any intoxicating
drug, for possession of which he is unable to account satisfactorily;
(b) that a person accused of the offence of having drunk liquor or
intoxicating drug under Clause (i) of Sub-section (1) has committed
such offence if he emits smell of liquor by mouth or nose or shows
any other physiological signs and symptoms; and
(c) that a person accused of any offence under Clause (k) of Subsection
(1) has committed such offence if an offence is proved to have been
committed in premises in his immediate possession in respect of
any liquor or intoxicating drug or any still, utensil, implement or
apparatus whatsoever for the tapping of tari or the manufacture of
intoxicating drug or any such materials as are ordinarily used in the
tapping of tari or the manufacture of liquor or any intoxicating drug.
5 - Punishment for altering or attempting to alter any denatured
spirit and for possession of such spirit :- (1) Whoever-
(a) alters or attempts to after any denatured spirit by dilution with water
or by any method whatsoever with the intention that such spirit may
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be used for human consumption, whether as a beverage or internally
as a medicine or in any other way whatsoever; or
(b) has 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,
shall be punished with imprisonment which may extend to six months, or with
fine which may extend to two thousand rupees, or with both.
(2) It shall be presumed, until the contrary is proved, that a person accused
of any offence under Sub-section (1) has committed such offence in respect of
any denatured spirit for the possession of which he fails to account satisfactorily.
6 - Punishment of conspiracy :- When two or more persons agree-
(a) to commit or cause to be committed any offence under Section 4 or
Section 5; or
(b) to evade or nullify the provisions of this Act in any area to which it
has been applied, each of such persons shall, notwithstanding that
no act except that agreement was done by any of the parties thereto
in pursuance thereof or that the agreement was made or the
operations thereunder took place in an area to which this Act has
not been applied, be punished with imprisonment which may extend
to three years, or with fine which may extend to five thousand rupees,
or with both.
7 - Prohibition of publication of advertisement relating to
intoxicant, etc. :- (1) No person shall print or publish any newspaper, news-
sheet, book, 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 intoxicating drug;
(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 Prohibition 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
outside 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
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(d) any other advertisement or matter which the State Government may,
by notification, generally or specially 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,-
(a) which solicits the use of or offers any intoxicating drug; or
(b) which is calculated to encourage or incite any individual or class of
individuals, or the public generally to commit any 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 authorization granted thereunder.
8 - Penalty for printing or circulating or publishing advertisements
in contravention of provisions of the Act, etc. :- (1) Whoever, in
contravention of the provisions of Section 7 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 advertisement or other matter-
(a) which solicits the use of or offers any intoxicating drug; 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 a licence,
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.
(2) Whoever, in contravention of a notification issued under Sub-section
(3) of Section 7, circulates, distributes or sells any newspaper, news-sheet, book,
leaflet, booklet or other publications printed and published outside the State which
contains any advertisement or matter-
(a) which solicits the use of or offers any intoxicating drug , or
(b) which is calculated to encourage or incite any individual or class of
individuals or the public generally to commit any offence under this
Act, or to commit a breach of, or to evade the provisions of any rule,
regulation of order made thereunder , or the conditions of any licence,
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 one thousand rupees, or with
both.
9 - Penalty for being drunk and for disorderly behaviour :- (1)
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Whoever in any street or thoroughfare or public place of in any place to which the
public have or are permitted to have access-
(i) is drunk and incapable of taking care of himself, or
(ii) behaves in a disorderly manner under the influence of drink, or
(iii) drinks or has drunk any quantity whatsoever whether or not he
behaves in a disorderly manner or is incapable of taking care of
himself, and who is not the holder of a permit granted under the
provisions of this Act or is not eligible to hold a permit under this Act,
shall, on conviction, be punished- ,
(i) for an offence under Clause (i) or Clause (iii)-
(a) for a first offence, with imprisonment for a term which may
extend to three months or with fine which may extend to two
hundred rupees or with both;
(b) for a subsequent offence, with imprisonment for a term which
may extend to six months and with fine which may extend to
five hundred rupees:
Provided that in the absence of special and adequate reasons to the contrary
to be mentioned in the judgment of the Court, such imprisonments shall not be
less than one month and fine shall not be less than one hundred rupees ; and
(ii) for an offence under Clause (ii)-
(a)  for a first offence with imprisonment for a term which may
extend to six months and with fine which may extend to five
hundred rupees;
(b) for a subsequent offence, with imprisonment for a term which
may extend to one year and with fine which may extend to
one thousand rupees :
Provided that in the absence of special and adequate reasons to the contrary
to be mentioned in the judgment of the Court, such imprisonment shall not be
less than six months and fine shall not be less than five hundred, rupees.
(2) In prosecution for an offence under Sub-section (1), it shall be presumed
until the contrary is proved, that the person accused of the said offence, has
drunk liquor or consumed any other intoxicant for the purpose of being intoxicated
and not for a medicinal purpose.
Explanation-A person shall be presumed to be drunk if he emits smell of
liquor by mouth or nose or shows any other physiological signs and symptoms.
10 - Punishment for opening, keeping or using any place as a
common drinking house or for having care, management or control of
or for assisting in conducting business of any such place :- Whoever in
contravention of this Act, or of any rule or order made thereunder, or of any
licence or permit granted under this Act-
(a) opens, keeps or uses any place as a common drinking house; or
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(b) has the care, management or control of, or in any manner assists in
conducting the business of, any place opened, kept or used as a
common drinking-house,
shall be punished with imprisonment which may extend to six months, or with
fine which may extend to two thousand rupees, or with both.
11 - Punishment for being found drunk or for purpose of drinking
In a common drinking-house :- Whoever is found, drunk or drinking in a
common drinking-house, or is found there present for the purpose of drinking,
shall be punished with fine which may extend to five hundred rupees; and any
person found in a common drinking-house during any drinking therein, shall be
presumed, until the contrary is proved, to have been there for the purpose of
drinking.
12 - Punishment for allowing premises to be used for the
commission of an offence :- (1) Whoever being the owner or occupier, or
having the use or control, of any place, Knowingly permits it to be used for the
commission by any other person of any offence punishable under Section 4,
Section 5 or Section 9, shall be punished with imprisonment which may extend to
six months, or with fine which may extend to two thousand rupees, or with both.
(2) It shall be presumed, until the contrary is proved, that a person accused
of an offence under Sub-section (1) has committed such offence if it is proved to
have been committed in premises in his immediate possession.
13 - Punishment for obstruction to, or assault on officer, etc. :- Whoever
assaults or obstructs-
(a) any officer or person exercising powers under this Act ; or
(b) any informant or other person helping any officer or person while
exercising powers under this Act,
shall be punished with imprisonment which may extend to one year or with fine
which may extend to one thousand rupees, or with both.
14 - Punishment for offences not otherwise provided for :-
Whoever is guilty of any wilful act or intentional omission in contravention of any
rule, notification or order made, issued or given under this Act and not otherwise
provided for this Act, shall be punished with imprisonment which may extend to
six months, or with fine which may extend to five hundred rupees, or with both.
15 - Punishment for abetment of escape of persons arrested,
etc. :- Any officer or person exercising powers under this Act, who-
(a) unlawfully releases or abets the escape of any person arrested under
this Act, or abets the commission of any offence against this Act; or
(b) acts in any manner inconsistent with his duty for the purpose of
enabling any person to do anything whereby any of the provisions of
this Act or of any rule made thereunder may be evaded or broken,
and any other officer of the State Government or of a Local authority who abets
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the commission of any offence against this Act,
shall be punished with imprisonment which may extend to six months, or with
fine which may extend to five hundred rupees or with both.
16 - Vexatious search, seizure, etc. by Excise Officer :- Any officer
exercising powers under this Act or under the rules made thereunder, who-
(a) without reasonable ground of suspicion searches or causes to be
searched any place, conveyance or vessel;
(b) vexatiously and unnecessarily detains, searches or arrests any person;
(c) vexatiously and unnecessarily seizes the movable property of any
person on pretence of seizing or searching for any article liable to
confiscation under this Act;
(d) commits, as such officer, any other act to the injury of any person,
without having reason to believe that such act is required for the
execution of this duty;
shall, for every such offence, be punishable with fine which may extend to two
thousand rupees.
17 - Penalty for attempt to commit offence :- Whoever attempts to
commit or abets the commission of any offence punishable under this Act, shall
be liable to the punishment provided for such offence.
18 - Security for abstaining from commission of certain offences
:- (1) Whenever any person is convicted of an offence punishable under Section
4 other than the offence of drinking liquor or consuming intoxicating drug, or of
an offence under Section 5, Section 6 or Section 11, the Magistrate convicting
him may, at the time of passing sentence on such person, order him to execute a
bond for a sum proportionate to his means, with or without sureties, to abstain
from the commission of offences punishable under those sections during such
period, not exceeding three years, as he may direct.
(2) The bond shall be in such form as may be prescribed and the provisions
of the Code of Criminal Procedure, 1898 (V of 1898) shall in so far as they are
applicable, apply to all matters connected with such bond as if it were a bond to
keep the peace ordered to be executed under Section 106 of that Code.
(3) If the conviction is set aside on appeal or otherwise, the bond so
executed shall become void.
1[(4) An order under this section may also be made by an Appellate Court
or by the High Court or the Sessions Judge, as the case may be, when exercising
powers of revision]
19 - Demand for security for good behaviour :- (1) Whenever
Magistrate of the first class receives information that any person within the local
limits of his jurisdiction habitually commits, or attempts to commit or abets the
commission of an offence punishable under Section 4 or Section 5 such Magistrate
1. Substituted vide Orissa Prohibition Laws (Amendment) Act, 1975- O.A. No. 40 of
1975.
11
may require such person to show cause why he should not be ordered to execute
a bond, with sureties, for his good behaviour for such period not exceeding three
years, as the Magistrate may direct.
(2) The provisions of the Code of Criminal Procedure, 1898 (V of 1898)
shall, in so far as they are applicable, apply to any proceedings under Sub-
section (1) as to the bond referred to therein were a bond required to be executed
under Section 110 of that Code.
20 - Release of offenders on bond :- Whenever any person is convicted
of an offence of drinking liquor or consuming intoxicating drug under Clause (j) of
Sub-section (1) of Section 4, the Magistrate convicting him may, instead of
sentencing him at once to any punishment, direct that he be released on his
executing a bond, with or without sureties, to appear and receive sentence when
called upon during such period not exceeding three years as the Magistrate may
direct and in the meantime to keep the peace and be of good behaviour.
21 - Execution of bonds in respect of minors :- If any person in
respect of whom a bond is ordered to be executed under Section 18 is a minor
the bond shall be executed by his guardian.
22 - Punishment for commission, attempt to commit or abetment
of acts making up offence against Act :- Where any offence punishable
under this Act is committed in any area to which it has been applied, whoever
commits, or attempts to commit, or abets the commission of any of the acts
making up the offence shall be liable to be punished therefor, whether such
commission, attempt or abetment takes place within or outside the area to which
this Act has been applied.
23 - Things liable to confiscation :- Whenever any offence punishable
under this Act has been committed, the liquor, materials, apparatus, utensil, or
implement in respect of which or by means of which such offence has been
committed, shall, subject to the provisions of Section 24, be liable to confiscation
along with the receptacles, packages, coverings, animals, vessels, carts or other
vehicles used to hold or carry the same.
24 - Procedure in making confiscations :- (1) In the trial of offences
under this Act, whether the accused is convicted or acquitted, the Court shall
decide whether any article seized under this Chapter is liable to confiscation
under Section 23 and, if it decides that the article is so liable, it may subject to
the other provisions of this section, order confiscation accordingly.
(2) Where any article seized under this Chapter appears to be liable to
confiscation under Section 23, but the person who committed the offence in
connection therewith is not known or cannot be found, the Prohibition Deputy
Commissioner, or other officer authorised by the State Government in this behalf,
may enquire into and decide such liability, and may order confiscation accordingly:
Provided that no such order shall be made until the expiry of thirty days
from the date of seizure, or without hearing any person who may claim any right
thereto and the evidence, if any, which he produces in respect of his claim.
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25 - Punishment after previous conviction :- If any person, after
having been previously convicted of an offence punishable under Sections 4, 5, 6,
10, 11 or 12 is subsequently convicted of an offence punishable under any of
these sections, he shall be liable to twice the punishment which might be imposed
on a first conviction under this Act:
Provided that nothing in this section shall prevent any offence, which might
otherwise have been tried summarily under Chapter XXII of the Code of Criminal
Procedure, 1898 (V of 1898) from being so tried.
26 - Offences under the Act to be cognizable and non-bailable :-
All offences punishable under Section 4 and Section 9 shall be cognizable and all
such offences, except the offence under Clause (j) of Sub-section (1) of Section
4 shall be non-bailable and the "provisions of the Code of Criminal Procedure,
1898 (V of 1848) with respect to cognizable and non-bailable offences shall, as
far as may be, apply.
27 - Power to compound certain offences :- (1) The Prohibition
Commissioner may accept from any person who has committed an offence under
Clause (j) of Sub-section (1) of Section 4 so far as it relates to the consumption
of liquor, or under Section 11 or Section 14, a sum of money not exceeding five
hundred rupees by way of composition of such offence.
(2) On the payment of such sum of money to the Prohibition Commissioner ,
the accused person shall be discharged, the property seized, if any, shall be
released, and no further proceeding shall be taken against such person or property
in respect of such offence.
28 - Exemption of preparations :-  The State Government may, by
notification direct that any preparation containing alcohol not exceeding a specified
percentage by volume, shall be exempt from any of the provisions of this Act or
rules, regulations or orders made thereunder.
29 - Power to notify exemptions:- (1) The State Government may, by
notification and subject to such conditions as they think fit, exempt any specified
liquor or any intoxicating drug or article containing such liquor or drug from the
observance of all or any of the provisions of this Act on the ground that such
liquor, drug or article is required for a medicinal, toilet, scientific, industrial or
such like purposes.
(2) The State Government may, by notification either wholly or partially
and subject to such conditions as they may think fit to impose, exempt the members
of the Scheduled Tribe from all or any of the provisions of this Act or of all or any
of the rules made under this Act either throughout the State of Orissa or in any
specified area or for any specified period or occasion.
(3) When issuing a notification under Sub-section (1) and Sub-section (2),
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
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imprisonment which may extend to six months or with fine which may extend to
one thousand rupees or with both.
30 - Authorities for bona fide purposes :- The State Government
shall make suitable provisions for issuing authorities to persons and institutions
for the possession and use of such liquor as may be required by them for any
bona fide religious purposes in accordance with ancient custom, under such terms
and conditions and penalties for infringement as may be prescribed.
31 - Visitor's permits :- (1) The State Government may, by rules or an
order in writing, authorize an officer to grant visitor's permits to consume, use
and buy foreign liquor to persons who visit the State for a period not more than
a weak.
(2) Such permits shall not be granted for a period exceeding one week;
provided that the officer granting the permit may extend the period of such permits
for the total period not exceeding one month.
32 - Tourists' permits :- (1) The State Government may, by rules or an
order in writing, authorise an officer to grant tourists' permits to consume, use
and buy foreign liquor to a person who is a tourist.
(2) A tourist permit may be granted for the period of the tourist's intended
stay in the State, but shall in no case be granted for a period exceeding one
month.
(3) Such permits shall be available at such places as may be notified by
the Prohibition Commissioner in this behalf.
33 - Provisions not to apply to certain article or class of articles
:- Nothing in this Chapter shall be deemed to apply to-
(a) any toilet preparation containing alcohol which is unfit for use as
intoxicating liquor;
(b) any medicinal preparation containing alcohol which is unfit for use as
intoxicating liquor;
(c) any antiseptic preparation or solution containing alcohol which is
unfit for use as intoxicating liquor; and
(d) any flavouring extract, essence or syrup containing alcohol which is
unfit for use as intoxicating liquor.
34 - Licence for bona fide medicinal and other purposes :- The
State Government or subject to the control of the State Government, the Prohibition
Commissioner may issue licences, subject to the payment of-such fee as may be
prescribed, to any person or in respect of any institution, whether under the
management of Government or not, for the manufacture, export, import, sale or
possession of any liquor or article containing liquor on the ground that such liquor
or article is required by such person or in respect of such institution for a bona
fide medicinal, toilet, scientific, industrial or such like purpose.
35 - Prohibition for consuming toilet or medicinal preparation
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containing alcohol in excess of normal dose:- (1) No person shall, for the
purposes of producing a state of intoxication, consume any toilet preparation
containing alcohol or consume any medicinal preparation containing alcohol in
quantities in excess of the normal dose.
Explanation-The expression 'normal dose' shall mean 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.
(2) Whoever contravenes the provisions of Sub-section (1) shall be punished
for every such offence with imprisonment which may extend to six months or
with fine which may extend to two thousand rupees, or with both.
(3) If any person found in a state of intoxication pleads that such intoxication
was due to the consumption of a medicinal preparation containing alcohol, the
burden of proving that medicinal preparation consumed was not consumed in
contravention of Sub-section (1) shall lie upon him.
36 - Power of State Government to regulate sale of any tincture
:- (1) If the State Government are of the opinion that for the purpose of preventing
any tincture being used for the purpose of producing a state of intoxication it is
necessary to regulate the sale thereof, it may, by notification declare such tincture
to be a regulated tincture and thereupon no dealer shall sell or otherwise dispose
of any quantity of such tincture except-
(a) as an ingredient of a prescription given by a registered medical
practitioner; or
(b) upon a certificate given by a registered medical practitioner to the
effect that the purchase of the tincture in the quantity specified in
the certificate is necessary for bona fide medicinal purposes.
(2) Every dealer dealing in a regulated tincture shall maintain accounts of
sale or disposal of such tincture in such form as may be prescribed.
37 - Penalty for chemist, druggist or apothecary for allowing his
premises to be used for purpose of consumption of liquor :- A chemist,
druggist, apothecary or keeper of a dispensary who allows any liquor, which has
not been medicated for bona fide medicinal purposes according to the prescription
of a registered medical practitioner or any intoxicating drug to be consumed on
his business premises by any person, shall, on conviction, be 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.
38 - Penalty for issuing false prescriptions :- If a registered medical
practitioner issues a prescription with the intention that such prescription shall be
used by the person to whom it is issued for the purpose of consuming liquor,
intoxicating drug or opium in contravention of the provisions of this Act, or rule,
regulation or order made thereunder or any licence, permit, pass or authorisation
granted under this Act, he shall, on conviction, be punished with imprisonment
15
for a term which may extend to six months or with fine which may extend to one
thousand rupees, or with both.
39 - Licences for tapping for sweet tari, etc. :- Subject to the control
of the Prohibition Commissioner, Prohibition Deputy Commissioner or any officer
empowered by him may issue-
(a) licences for tapping of any trees for sweet tari for consumption thereof
without fermentation or for the manufacture of jaggery therefrom;
or
(b) permits for the possession, transport or sale of such tari.
40 - Permits and licences for possession, etc. of liquor :- Subject to
rules made by the State Government the Prohibition Commissioner or any officer
empowered by him in this behalf may issue-
(a) permits authorising any person to consume and possess for private
consumption any liquor on medical grounds and on production of a
medical certificate in accordance with the rules made in that behalf-
(b) permits authorizing any person or institution to possess, bottle and
use any liquor for any religious purpose in accordance with ancient
custom;
(c) licences to the proprietors of hotels to possess liquor and issue it to
visitors and tourists who hold permits under Clause (a);
(d) licences to a person in charge of a restaurant car attached to a
railway train or to a person in charge of a railway refreshment room
to possess liquor and serve it to bona fide travellers;
(e) licences to persons for the sale of liquor to those authorised to possess
it:
Provided that permit under Clause (b) shall be granted without the payment
of any fee; it shall not be refused to any person except on the ground that-
(i) a breach has been committed by such person, or by any of his servants
or any one acting on his behalf with his express or implied permission,
of any of the terms or conditions of any permit previously granted to
him under this clause; or
(ii) such person has been convicted of any offence under this Act.
41 - Form and conditions of licences and permits :- Every licence or
permit, issued under Section 29, Section 30, Section 31, Section 32 or Section
33, shall-
(1) be granted on payment of such duty and such fees, if any, for such
period, and subject to such restrictions, limitations and conditions as may be
prescribed; and
(2) be in such form and contain such particulars as may be prescribed.
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42 - Counterpart agreement to be executed by holders of licence
and permits :- Every person taking out a licence or permit under Sections 34,
39 or 40 may be required to execute a counterpart agreement in conformity with
the tenor of his licence or permit, and to give such security for the performance
of his agreement as the Prohibition Commissioner may, specify.
43 - Power to cancel or suspend licences and permits :- (1) Subject
tosuch restrictions as may be prescribed, the authority granting any licence or
permit under this Act, may cancel or suspend it-
(a) if any duty or fee payable by the holder thereof be not duly paid; or
(b) in the event of any breach by the holder thereof, or by any of his
servants, or by any one acting on this behalf with his express or
implied permission, or any of the terms or conditions thereof; or
(c) if the holder thereof is convicted of any offence under this Act, or of
any cognizable and non-bailable offence under any other Act; or
(d) if the conditions of such licence or permit provide for its cancellation
or suspension at will; or
(e) if the purpose for which the licence or permit is granted, ceases to
exist.
(2) Where a licence or permit held by a person is cancelled under Clause
(a), (b) or (c) of Sub-section (1) the authority aforesaid may cancel any other
licence or permit granted to such person under this Act.
(3) The holder of a licence or permit shall not be entitled to any
compensation for its cancellation or suspension, nor to the refund of any fee paid
in respect thereof.
(4) No permit granted under Clause (b) of Section 40 shall be cancelled or
suspended under this section except on the grounds on which it may be refused
under the proviso to Section 40.
44 - Punishment for misconduct by licensees, etc. :- If the holder of
a licence or permit granted under this Act, or any person in the employ of such
holder or acting on his behalf-
(a) fails without good and sufficient reason to produce such licence or
permit on the demand of any Prohibition Officer or any other officer
duly empowered to make such demand, or
(b) does act in breach of any of the conditions of the licence or permit;
such holder shall be punished in case (a) with fine which may extend to two
hundred rupees, and in case (b) in addition to the cancellation or suspension of
the licence or permit granted to him with fine which may extend to five hundred
rupees.
(2) Any person who commits any breach of any of the conditions of the
licence or permit, whether he acts with or without the permission of the holder of
such licence or permit, shall also be liable to the same punishment.
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45 - Power to compound offences committed by licensees and
permit-holders :- (1) The Prohibition Commissioner may accept from any person
whose licence or permit is liable to be cancelled or suspended under Clause (a)
or (b) of Sub-section (1) of Section 43 or who is reasonably suspected of having
committed an offence under Section 44 a sum of money not exceeding five hundred
rupees in lieu of such cancellation or suspension or by way of composition for
such offence, as the case may be.
(2) On the payment of such sum of money to the Prohibition Commissioner ,
the accused person shall be discharged, the property seized, if any, shall be
released and no further proceeding shall be taken against such person or property
in respect of such offence.
46 - Control of export, etc. of molasses :- (1) Except as otherwise
provided in Sub-sections (2) and (3) no person shall export, import, transport,
sell or have in his possession any quantity of molasses.
(2) The State Government may, by general or special order, authorize any
Collector or any other officer to grant licences for the import or export, sale or
possession of molasses.
(3) The State Government may also authorise any Collector or any other
officer to grant permits for the transport of molasses.
47 - Punishment for contravening provisions of Section 46 :-
Whoever contravenes the provisions of Section 46 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.
48 - Appointment of Prohibition Commissioner, etc. :- (1) The State
Government, may, by notification appoint an officer to be called the Prohibition
Commissioner, who subject to the control of the State Government, shall exercise
such powers and shall perform such duties and such functions as are conferred
upon, by or under the provisions of this Act and shall superintend and have the
control of the administration of the Prohibition Department.
(2) To assist the Prohibition Commissioner in carrying out the provisions of
this Act the State Government may also appoint by notification Prohibition Deputy
Commissioner or Assistant Commissioner or such other officer with such
designations and assign to them such powers, duties and functions under this
Act, rules, regulations or orders made thereunder, as may be deemed necessary.
49 - Functions of the Collector :- (1) The administration of the
Prohibition Department within a district shall ordinarily be under the charge of
the Collector who shall be responsible for carrying out the provisions of this Act
within the limits of his jurisdiction.
(2) For the purposes of this Act all Collectors shall be subordinate to the
Prohibition Commissioner.
(3) The State Government may, by notification appoint any person other
than the Collector to exercise in any district or place all or any of the powers and
18
to perform all or any of the duties and functions as are conferred and imposed by
or under this Act on a Collector subject to such control 

Excerpt shown. Open the full act in Lexace.

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