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Bombay Abkari Act, 1878 Complete Act - Bare Act

StateMaharashtra Government
Year
Act Info:
BOMBAY ABKARI ACT, 1878


BOMBAY ABKARI ACT, 1878

(Act V of 1878)

[Passed on the 19th September, 1878]

INTRODUCTION

In India, orthodox religious opinions or rules have many a times influenced various political or social mass movements. The case of consumption of liquor is one of them. The issue of consumption of intoxicating drinks was condemned by the major oriental religions particularly Hindu and Muslim, in the subcontinent. But the advent of the Britishers in India changed the existing system, to a certain extent. The colonial Government secured income out of the production, sale and consumption of wine and other intoxicants.

The main section of the independence movement led by the Indian National Congress was vigorously propagating against the consumption of intoxicating drinks and had launched a action programme of picketing against "liquor shops" to mobilise the people. The "liquor shop" was selected as a symbol of British Imperialism, so that a common man can fight against this identifiable imperialist object. Apart from this political object, other objectives were to make people conscious about health hazards of boozing and compell the Government treasury to reduce the income out of Abkari Tax i.e. revenue derived from taxing such sale of intoxicating-drinks.

The Bombay Abkari Act (V of 1878) came into force in the whole of Presidency area from 1st January 1879. Bombay Act III of 1892 as to mhowua flowers is to be construed as part of Bombay Act V of 1878. This was again amended by Bombay Act VI of 1940. In this, the declaration of the Congress Party to enforce the policy of prohibition of consumption or liquor and other intoxicants, step by step, became very clear.

But in 1939, just during the time of second world war the congress Ministry in the Bombay Presidency went out of the Office, resulted into enforcement of the policy of prohibition unimplemented. Again in 1946, the congress ministry came to power and initiated executing the declared policy

Therefore the Abkari Act was amended. (XXXIX of 1947) For total implementation of this "prohibition" policy, the necessity to fully over- haul, the Abkari Act felt urgently'. So: the Bombay Prohibition Act, 1949 was passed, which introduced a total prohibition- in the State of Bombay.

Now, the Bombay Abkari Act (V of 1878) except section 29-A, have been repealed.

Necessity to reproduce the full text of Abkari Act (V of 1878) felt since it reflects different policies at the time, of different turbulent political and social movement. Also, it helps legal, historians researchers, lawyers, and students to analyse the efficacy of 'legal measures to regulate certain social trends,

CHAPTER I PRELIMINARY

SECTION 01: SHORT TITLE

Act may be cited as the Bombay Abkari Act, 1878.

Extent: It extends to the whole of the Presidency of Bombay:

Commencement:"and it shall come into force in any portion of the said Presidency on such date as Government, by notification in the Bombay Government, Gazette directs,

SECTION 02: [REPEAL OF ENACTMENTS.]

Repealed by Act XVI of 1895

SECTION 03: INTERPRETATION CLAUSE

In this Act, unless there is something repugnant in the subject or context:

(1) "Abkari-revenue" means revenue derived or derivable from any duty, fee, tax, fine (other than, a fine imposed by a court of law) 2[or of any other law for the-time being in force relating to liquor or intoxicating drugs:

(2) "Abkari-officer" means a commissioner, collector or any office or other person lawfully appointed, or invested with powers under section 6:

(3) "Commissioner" includes an officer appointed Government to be a Commissioner for the purposes of this Act

(4) "Collector" includes', any person appointed under section 5 to exercise the powers and perform the duties of a Collector, under this Act;

(5) "Magistrate" means, in the City of Bombay, a Presidency Magistrate, and elsewhere, a Magistrate of the first or second class or a Magistrate of the third class (a) specially authorised in this behalf by the District Magistrate

(6) "toddy" means juice,(b) drawn from a cocoanut, brab, date or any kind of palm-tree, whether in its fermented or unfermented state.

(7) "liquor" (c) includes:-

(a) spirits' of wine, methylated spirits, spirits, wine; toddy, beer and all liquid consisting of or containing alcohol, and ˜spirits" means any liquor containing alcohol and obtained by distillation, whether it be denatured or not.

(b) any other intoxicating substance which Government may by notification in the Bombay Government Gazette declare to be liquor for the purposes of this Act;

(8) "country-liquor" includes all liquor produced or manufactured in India

"foreign liquor" includes all liquor imported into India by sea or land


Provided that Government may by notification in the Bombay Government Gazette declare that any specified description of country liquor shall for the purposes of this Act be deemed to be foreign liquor

(9) "intoxicating drug" includes ganja, bhang, charas' and every preparation and admixture of the same, and every intoxicating drink or substance prepared from hemp, grain or other material not included in the, term "liquor" but does not include opium or anything included within the meaning of that word as defined in the Opium Act, 1878, and "hemp" means any variety of the hemp plant from which intoxicating drugs can be produced


Provided that Government may by notification in the Bombay Government Gazette declare that any other intoxicating substance together with every preparation and admixture of the same shall be deemed to be an intoxicating drug for the purposes of this Act;

(10) "to import" means to bring into the presidency of Bombay

"to export" means to take out of the said Presidency

"to transport" means to move from one place to another place within the said presidency.

(11) "manufacture" includes every Process whether natural or artificial, by which any excisable article is prepared and also every process for the rectification, flavouring blending or colouring of liquor,

(12) "ser" means a weight of eight tolas:

(13) "mhowra flower" does not include the berry or seed of the mhowra tree.

(l4) "Denatured" means rendered unfit for human consumption in such manner as may be prescribed by Government by notification in the Bombay Government Gazette.

(15) "excisable article" means and includes any liquor or intoxicating drug as hereinbefore defined.

(16) in the case of foreign liquor "to bottle" means to transfer from a cask or other vessel to a bottle or other receptacle for the purposes of sale, whether any process of rectification be employed or not, and includes rebottling:

(17) "to tap" means to prepare any part of a tree, or to use any means, for the purpose of causing juice to exude from the tree: . .

(18) "India means British India together with any territories of any Native Prince or chief under the suzerainty of his Majesty exercised through the Governor General of or through any Governor or other officer subordinate to the Governor General of India.

SECTION 03A: MANUFACTURE, SALE OR POSSESSION (A) BY ONE PERSON ON ACCOUNT OF ANOTHER

(1) Where any excisable article or hemp has been manufactured or sold or is possessed by any person on account of any other person, and such other person knew or had reason to believe at the time of such manufacture or sale that such manufacture or sale was on his account or knows or has reason to believe that such possession is on his account the article shall, for the purposes of this Act, be deemed to have been manufactured or sold by, or to be in the possession of, such other person.

(2) Nothing in sub-section (1) shall absolve any person who manufactures sells or has possession of an excisable article or hemp on account, of another person from liability to any punishment under this Act for the unlawful manufacture, sale or possession of such article.

CHAPTER II."ESTABLISHMENT AND CONTROL

SECTION 04: COLLECTORS CHARGED WITH CARRYING OUT ACT

Subject to the control and direction of the Commissioner and the orders, of Government the Collectors are charged with the collection of the abkari-revenue, and with the carrying out of the provisions of this Act.

For the purposes of this Act, the Collector of Bombay shall be subordinate to such Commissioner as Government directs.

SECTION 05: SPECIAL COLLECTORS OF ABKARI REVENUE MAY BE APPOINTED

Government may, by notification in the Bombay Government Gazette, appoint any person other than the Collector of Land-revenue to exercise, in any district or place, all the powers and perform all the duties conferred and imposed by this Act on a Collector, subject to such control, if any, in addition to that of the Commissioner and of Government, as Government may from time to time direct.

SECTION 06: SUBORDINATE OFFICERS

To aid the Collectors in carrying out the Provisions of this Act, the Commissioners may, subject such orders as may from time to time be passed, by Government in this behalf, appoint such subordinate officers, with such designations, and assign to them respectively such powers and duties under this Act, as they deem fit.

Government, or, subject to such orders as aforesaid, the Commissioners, may invest any Government-officer in any department either personally or in right of his office, or any other person, with such powers, and impose upon him such duties, under this Act as they deem fit, and any such officer shall thereupon exercise the said powers and discharge the said duties in addition to the powers and duties incident to his principal office.


Provided that powers under sections 36and 40, clause (b), shall in no case be conferred on any officer of any department who is not superior in rank to a peon, or constable, and that any assignment of, or investment with, powers or duties made under this section may at any time be cancelled or varied by the authority which made it.

SECTION 07: PUNISHMENT OF SUBORDINATE OFFICERS FOR MISCONDUCT

Subject to such orders as aforesaid, the Commissioners may at any time after inquiry recorded in writing fine, dismiss (a), suspend or reduce any subordinate officer appointed, or any officer on whom any additional powers or duties have been conferred or imposed by them under the provisions of the last preceding section, for any breach of departmental rules or discipline, or for carelessness, unfitness, neglect of duty, or other misconduct.

SECTION 08: DELEGATION OF POWERS BY COMMISSIONERS TO CO1LECTORS

The powers conferred on the Commissioners by the last two sections may be delegated by them, in whole or in part, to the Collectors, or to any Collector subordinate to them, and any such delegation may be at any time cancelled by the Commissioners.

CHAPTER III

IMPORT EXPORT AND TRANSPORT.
SECTION 09: IMPORT OF EXCISABLE ARTICLES

No excisable article and no hemp shall be Imported unless

(a) Government has given permission, either general or special, for its import;

(b) such conditions, if any, as Government may impose have been satisfied; and

(c) the duty if any imposed under section 19 has been paid or a bond has been executed for the payment thereof.

(2) Sub-section (1) shall not apply to any article which, has been imported into British India (a) and was liable on importation to duty under the Indian Tariff, Act, 1894, or the Sea Customs Act, 1878.

(3)Clauses (a) and (b) of sub-section (1) shall not apply to liquor Manufactured in British India and declared, by notification under, clause (8) of section 3 to be foreign, liquor.

SECTION 10: EXPORT AND TRANSPORT OF EXCISABLE ARTICLES

No, excisable article and no hemp shall be exported or transported unless

(a) the duty, if any imposed under section 19 or

(b) if the article was previously imported the duty if any imposed on its importation under the Indian Tariff Act,1894 or the Sea Customs Act, 1878 has been paid or a bond has been executed for, the Payment thereof

SECTION 11: POWER OF GOVERNMENT TO PROHIBIT IMPORT EXPORT AND TRANSPORT OF EXCISABLE ARTICLES

Government may by notification in the Bombay Government Gazette:

(a) prohibit the import or export of any excisable article or of hemp into or from the Bombay Presidency or any part thereof:

(b) prohibit the transport of any excisable article or of hemp.

SECTION 12: PASSES NECESSARY FOR IMPORT EXPORT AND TRANSPORT

No exisable article and no hemp exceeding such quantity as Government may prescribe by notification in the Bombay Government Gazette either generally for the whole presidency or specially for any local area, shall be imported exported or transported except under a pass issued under the provisions of the next following section:


Provided that:

(i) in the case of duty-paid foreign liquor other than denatured spirit such passes shall be dispensed with, unless Government shall by notification in the Bombay Government Gazette otherwise direct with respect to any local area:

(ii) unless Government shall otherwise direct, no pass shall be required for the import, transport and export of any excisable article or hemp conveyed under a pass issued by an officer duly authorised in this behalf from any place beyond the limits of the Bombay Presidency to any other place beyond the limits of the said Presidency.

SECTION 13: GRANT OF PASSES FOR IMPORT EXPORT AND TRANSPORT

Passes for the import, export or transport of excisable articles or hemp may be issued by the Collector or by any other Abkari officer duly empowered in this behalf.

Such passes may be either general for definite periods of time and definite kinds of excisable article or special for specified occasions and particular consignments only.

Every such pass shall specify"

(a) the name of person authorized to import, export or transport excisable articles or hemp:

(b) the period for which the pass is to be in force.

(c) the quantity and description of excisable articles or hemp for which it is granted; and

(d) the places from and to which excisable articles or hemp are to be imported, exported or transported, and in the case of places more than ten miles apart, the route by which they are to be conveyed.

CHAPTER IV-CULTIVATION AND MANUFACTURE

SECTION 14: LICENCES REQUIRED FOR CULTIVATION AND MANUFACTURE

(1) save as hereinafter otherwise provided

(a) no excisable article shall be man

(b) no hemp shall be cultivated or collected

(c) no toddy-producing tree shall be

(d) no toddy shall be drawn from any tree;

(e) no foreign liquor shall be bottled ; and

(f) no person shall use, keep or have in his possession

any materials, still, utensil, implement or apparatus whatsoever for the purpose of manufacturing any excisable article other than toddy except under the authority and subject to the conditions of a license granted in that behalf by the Collector.

(2) No distillery or brewery shall be constructed or worked except under the authority and subject to the conditions of a license granted in that behalf by the Commissioner under Section 15.

SECTION 14A: POSSESSION OF ILLICIT ARTICLES

No person without lawful authority shall have in his possession any quantity of any excisable article or, hemp, knowing the same to have I been unlawfully imported, exported transported or manufactured y or knowing that the prescribed duty has not been paid thereon.

SECTION 14B: LIMIT OF POSSESSION OF EXCISABLE ARTICLES AND HEMP

(1) No person not being a licensed manufacturer or vendor of any excisable article or hemp and no licensed vendor except as authorized by his license I shall have I inn is possession any quantity of any excisable article or hemp in excess of such limit as Government under section 17 may declare to be the limit of retail sale, except under a permit from the Collector


Provided that nothing in sub-section (1) shall extend to any foreign liquor, other than denatured spirit, in the possession of any common carrier or warehouseman as such, or purchased by any person for his bona fide private consumption and not for sale.

(2) anything contained in sub section (1) Government may by notification in the Bombay Government Gazette prohibit the possession by any person or class of persons, either throughout the Whole Presidency or in any local area, of any excisable article, either absolutely or subject to such conditions as it may prescribe.

SECTION 15: DISTILLERIES AND WAREHOUSES

The Commissioner may.

(a) establish a distillery in which spirit may be manufactured in accordance with a license, granted under section 14 on

such conditions as Government deem fit to impose

(b) discontinue any-distillery so established

(c) license on such conditions as Government deem fit to impose the construction and working of a distillery so brewery

(d) establish or license warehouse wherein any excisable article or hemp may be deposited and kept without payment of duty and

(e) discontinue any warehouse

so established.
SECTION 15A: REMOVAL OF EXCISABLE ARTICLE FROM DISTILLERY, ETC

No excisable article or hemp shall be removed from any distillery, brewery, warehouse or other place of storage established or licensed under this Act, unless the duty, if any, imposed under section 19 has been paid or bond has been executed for the payment thereof.

CHAPTER V-SALE

SECTION L6: SALE OF LIQUOR, HEMP AND INTOXICATING DRUGS PROHIBITED WITHOUT LICENSE OR PASS

(1) Except as is hereinafter otherwise provided, no excisable article or hemp shall be sold without a license or pass from the Collector


Provided that no such licence shall be necessary for the sale-

(1) by a person holding a licence under this Act for the possession or cultivation of hemp and making such sale in accordance with the terms of such licence, or

(2) by a cultivator or owner of any plant other than hemp from which any intoxicating drug is produced, of those portions of the plant from which such intoxicating drug is manufactured or produced, to a person holding a licence under this section for the sale of intoxicating drugs, or to a. person duly licensed under this Act to manufacture or to export intoxicating drugs; and

(3) foreign liquor legally procured by any person for his private use and sold by him or on his behalf or on behalf of his representatives in interest upon his quitting a station or after his decease.

(2) On such conditions as the Commissioner may deter mine, a licence for sale under the excise law for the time being in force in other parts of British India may be deemed to be a licence granted in that behalf under this Act.

SECTION 17: WHOLESALE AND RETAIL

(1) Government may by notification in the Bombay Government Gazette determine a limit of quantity within which and beyond which the sale of any excisable article or hemp shall be deemed to be sale by retail and wholesale respectively; such limit may be fixed with respect to the whole Presidency of Bombay or any local area, and with respect to purchasers generally or to any specified class of purchasers, and with respect to any specified occasion or generally

(2) When any such limit of quantity has been prescribed for the retail sale of any excisable article or hemp no quantity in excess of such limit shall be sold by retail to any one person at one time or to any one person in the aggregate on any one day.


Provided that the collector or any Abkari officer duly empowered in this behalf may, subject to any rules that may be made under section 35A give special orders for the occasional sale by retail of any excisable article or hemp in quantities exceeding such limits.

SECTION 17A: PROHIBITION OF SALE TO CHILDREN

No licenced vendor and no person in the employ of such licenced vendor or acting with the express or implied permission of such licenced vendor on his behalf, shall sell or deliver any excisable article to any person apparently under the age of fourteen years whether for consumption by such person or by any other person and whether for consumption on or off the premises of such licenced vendor.

SECTION 18: SALE OF TODDY

No owner of any toddy-producing tree and no person having a right to the juice of any such tree and no drawer of toddy shall sell toddy, and no person transporting or removing toddy under a permit granted under section 13 shall sell the same except:

(a) under a licence granted under section 16, or

(b) to a person licensed to manufacture or sell liquor under this Act.

SECTION 18A: POWER OF GOVERNMENT TO SUSPEND PROVISIONS RELATING TO TODDY

Government may from time to time by notification in the Bombay Government Gazette suspend any or all the provisions relating to toddy contained in this Act with respect to any local area, and there upon toddy may, during the period for which such notification continues in force be drawn and sold without licence or pass in such local area notwithstanding anything in this Act.

CHAPTER V-A SPECIAL PROVISIONS AS TO MHOWRA FLOWERS

SECTION 18B: SPECIAL PROVISIONS AS TO MHOWRA FLOWERS

(1) Save as is provided in sub-section (3), no person shall export from or import into any prescribed area or collect, transport, sell or have in his possession within any such area any quantity of mhowra flowers exceeding the prescribed limit in weight except under the authority and subject to the terms and conditions of licence, permit or pass granted by the Collector or other officer duly empowered in this behalf.

(2) In this section "prescribed area" means such area, comprising either the whole or some portion of the districts of Broach Kaira Nasik (except the taluka of Peint), Thana and Kolaba and of the talukas of Pardi, Bulsar and Chikhli of the district of Surat as the Governor in Council from time to time notifies in this behalf; and "prescribed limit" means four seers or such greater quantity as the Governor in Council from time to time: notifies in this behalf.

(3) Provided that during the period of two months from the 16th February to tile 15th April, in each year or such longer period embracing the said two months as the Governor in Council from tithe to time by notification in the Bombay Government Gazette directs, no licence, permit or pass shall be necessary for the collection, transport, sale or possession any where within the limits of the talukas of Kalyan, Bhiwndi, Karjat, Murbad, Shabapur and Vada- or within a other portion of a prescribed area which the Governor in Council thinks fit in a notification as aforesaid to specify, of any quantity of mhowra flowers which are the produce of that year and of talukas or of either of them or them, or other portion of a prescribed area, if any, so specified.


Provided further that during the period of five months from the 16th February to the 15th July in each year or such longer period embracing the said five months as the Governor in Council, from time to time by notification in the Bombay Government Gazette directs, no licence, permit or pass shall be necessary for the collection, transport, sale or possession, anywhere within the limits of the district of Kaira, of any quantity of mhowra flowers which are the produce of that year.

CHAPTER VI DUTIES

SECTION 19: DUTIES ON IMPORT EXPORT, TRANSPORT AND MANUFACTURE

A duty at such rate or rates as Government shall direct nay be imposed, either generally or for any specified local area, on any excisable article.

(a) imported in accordance with the provisions of sub-section (1) of section 9; or

(b) exported or transported in accordance with the provisions of section 10; or

(c) manufactured under a licence granted in accordance with the provisions of section 14 or section 15


Provided that

(i) duty shall not be so imposed on any article which has been imported into British India and was liable on such importation to duty under the Indian Tariff Act, 1894, or the

Sea-Customs Act,- 1878;

(ii) the duty on denatured spirits or beer manufactured in Indian shall, unless Government otherwise directs, be equal to the duty to which denatured spirits or beer respectively imported into British India by sea are or is liable under the Indian Tariff Act, 1894, or any other law for the time being in force relating to the duties of customs on goods imported into British India.

Explanation:-Duty may be imposed under this section at different rates according to the places to which any excisable article is to be removed for consumption, or according to the varying strengths and quality of such article.

SECTION 19A: MANNER OF LEVYING DUTY

Subject to any rules to regulate the time, place and manner of payment made by the Commissioner in this behalf, the duty referred to in the foregoing section may be levied in one or more of the fol1owing ways:

(a) in the case of excisable articles imported accordance with the provisions of sub-section (1) of section 9;

(i) by payment either in the province of import or in the province or territory of export, or

(ii)' by payment upon issue for sale from a ware house established or licensed under section 15;

(b) in the case of excisable articles exported in accordance with the provisions of section 10, by payment either in the province of export or in the province or territory of import;

(c) in the case of excisable articles transported in accordance with the provisions of section 10

(i) by payment in the district from which they are transported.

(ii) by payment upon issue for sale from a ware house established or licensed under section 15;

(d) in the case of spirit or beer manufactured in any distillery established or any distillery established or any distillery or bewery licenced under section 15

(i) by a rate charged upon the quantity produced in or issued from the distillery as the case may be, or issued from a ware house established or 1icenced under section 15, or

(ii) by a rate charged in accordance with such scale of equivalents, calculated on the quantity of materials used or by the degree of attenuation of the wash or wort, as the case may be, as Government may prescribe;

(e) in the case of intoxicating drugs manufactured in accordance with the provisions of section 14, by payment up on the quantity produced or manufactured in accordance with the provisions of section 14 or issued from a warehouse established or licensed under section 15


Provided that where payment is made upon issue for sale from a warehouse established or licensed under section 15 such payment shall be at the rate of the duty in force at the date of issue from the warehouse.


Provided further that where one and the same person is permitted

(i) to manufacture or import and to sell, or

(ii) to manufacture and export country liquor or any intoxicating drug.

such duty may be levied in consideration of the joint privileges granted as the Collector, acting under the general or special orders of Government deems fit.

SECTION 20: DUTY ON TAPPING OF TODDY TREES

For every toddy producing tree from which toddy is drawn there shall, if Government so direct, be levied for any period during which such tree is tapped or licenced to be tapped such duty as Government from time to time directs and every licence for drawing toddy granted under section 14 shall specify in addition to any other particulars prescribed by Government under section 30

(a) the number, description and situation of the trees to be tapped:

(b) the amount of duty to be levied in respect of each tree included in the licence;

(c) the installments if any, in which and the periods at which the said duty shall be leviable.

SECTION 21: DUTY BY WHOM PAYABLE

The said duty shall be leviable primarily from the person holding the licence to draw toddy and in default by him, or if the trees are tapped without licence from the owner of the trees.

SECTION 22: OWNER ENTITLED TO ASSISTANCE IN RECOVERING FROM LICENSEE DUTY PAID BY HIM

When any duty is recovered under the last, preceding section from the owner of the trees, he shall be entitled to assistance in recovering the same from the holder of the licence under the provisions of the law for the time being in force relating to the recovery by superior landholders of their dues from their tenants.

SECTION 23: FARMING OF RIGHT OF DRAWING TODDY WITHIN LOCAL AREA

It shall be lawful for the Government within any local area to which they shall deem fit to apply the provisions of this section, instead of directing the levy of a duty under section on each tree from which toddy is drawn, to farm the right of drawing toddy from all toddy-producing trees within such area for such period and on payment of such duty either in the lump or in the periodical instalments and on such conditions as they deem fit to impose.

Within any such area no person shall draw toddy from any toddy producing tree, except with the written permission of the person to whom the said right is farmed.

SECTION 24: REPEALED BY BOMBAY ACT XII OF 1912
SECTION 25: PRIVILEGE OF DRAWING TODDY FROM GOVERNMENT TREES

The privilege of drawing toddy from trees the right to which vests in Government may be disposed of annually auction or otherwise on such terms, as the Collector acting under the general orders of Government, deems fit.

SECTION 26 TO 28: REPEALED BY BOMBAY ACT XII OF 1912
SECTION 29: FARMER MAY APPLY TO COLLECTOR TO RECOVER AMOUNTS DUE TO HIM

When any amount is due to any farmer of the right of drawing toddy from any person who has drawn toddy from any toddy producing tree, such farmer may apply to the Collector to recover such amount on his behalf and the Collector may in his discretion, recover such amount as if it were an arrear of land revenue, and shall pay any amount so recovered to the applicant;


Provided that the execution of any process issued by the Collector for the recovery of such amount shall be stayed if the, person from whom it is sought to recover the same institutes a suit in the Civil Court to try the demand of the farmer, and furnishes security to the satisfaction of the Collector for the payment of the amount which the Court may adjudge to be due from him to such farmer


Provided also that nothing contained in this section or done thereunder shall affect the right of any such farmer to recover by suit in the Civil Court or otherwise any amount due to him from any such person as aforesaid.

CHAPTER VII LICENSES, ETC

SECTION 30: FORM AND CONDITIONS OF LICENCES, ETC

Every licence, permit or pass granted under this Act shall be granted on of such fees if any, and subject to such restrictions, and on such conditions, and shall be in such form and contain such particulars, and may in case any fee or duty payable by the holder be not duly paid, impose liability for interest thereon at such rate as Government in the case of licences and the Commissioner in the case of permits and may direct in rules or orders made either generally or in any particular instance in this behalf, such rules or orders being not inconsistent with this Act.

SECTION 31: COUNTER PART AGREEMENT TO BE EXECUTED AND SECURITY TO BE GIVEN BY LICENSEES

Every person taking out a 1icence for the manufacture or sale of any excisable article or hemp under this Act shall execute a counter part agreement in conformity with the tenor of his licence, and shall give such security for the performance of his agreement as the Collector may require.

And every person taking out a licence to cultivate hemp under this Act shall, if called upon by the collector so to do, give such security for the observance of the conditions of such licence as the Collector may require.

SECTION 32: CANCELLATION OF LICENCE, PERMIT OR PASS

(1) Subject to such restrictions as Government may prescribe, the authority granting any licence, permit or pass under this Act may cancel or suspend it:

(a) if any duty or fee payable by the holder there of be not duly paid ; or

(b) the event of any breach by the holder of such license, permit or pass or by his servant or by any one acting with his express or implied permission on his behalf, of any of the terms or conditions of such licence, permit or pass, or of any licence, permit or pass previously held by such holder, or

(c) if the bolder thereof, or any person in the employ of such holder or any person acting with his express or implied permission on his behalf is convicted of any offence under this Act or any law for the time being in force relating to abkari-revenues, or if the holder of the licence, permit or pass is convicted of any cognizable and non offence, or of any offence under the Indian Merchandise Marks Act, 1889, or of any offence punishable under sections 482 to 489 (both inclusive) of the Indian Penal Code, 1860, or of any offence punishable under no.8 of the schedule to section 167 of the Sea customs Act, 1878.

(2) When a licence, permit or pass held by any person is cancelled under clause (a) or clause (b) of sub-section (1) the authority aforesaid may cancel any other licence, permit or pass granted to such person under this Act or under any other law for the time being in force relating to abkari revenue or under the opium Act 1878

(3) The holder shall be entitled

to no Compensation for the cancellation or suspension of his, licence, permit or pass, under this section, nor to refund of any fee paid or deposit made in respect thereof,
SECTION 32A: CANCELLATION FOR OTHER REASONS

(a) Whenever the authority granting a licence considers that it should be cancelled for any cause other than those specified in section 32 he may cancel the licence either:

(a) on the expiration of not less than 15 days notice in writing of his intention to do so, or

(b) forthwith without notice.

(2) When a licence is cancelled under sub-section(1) the authority cancelling the licence shall pay to the licence a sum equal to the amount of the fees payable in respect thereof for fifteen days and such further sum in compensation as the Commissioner may direct.

(3) When a licence is cancelled under this section any fees paid in advance or deposit made by the licensee in respect thereof shall be refunded to him, less the amount, if any due to Government.

SECTION 32B: ATTACHMENT OF LICENCE

Notwithstanding anything contained in section 32 when a licence is liable under that section to cancellation owing to default in the payment of any duty or fee payable by the holder thereof the authority granting the licence may attach and take such licence under management, and if the profits received from such management and if the profits received from such management after meeting all the expenses of such attachment and management are less than the amount of the arrears for which the licence was attached and the amount falling due on such licence during the remaining period of such licence, the difference shall be recovered from the licensee as if it were a duty or fee leviable under any one of the foregoing provision of this Act, and in the event of the said profits exceeding the amount so due under the licence, the licensee shall not be entitled to receive any of the said profits.

VIII"GENERAL PROVISIONS

SECTION 33: CERTAIN LICENSEES REQUIRED TO KEEP MEASURES ETC

Every person who manufactures or sells any excisable article under a licence granted under this Act shall be bound

(a) to supply himself with such measures and weights and with such instruments for testing the strength or quality of liquor as the Collector prescribes, and to keep the same in good condition, and

(b) on the requisition of any Abkari-officer duly empowered in this behalf at any time to measure weigh, or test an article in his possession in such manner as the said may require.

SECTION 34: RECOVERY OF DUTIES ETC

All duties, taxes, tines hand fees leviable under any of the foregoing provisions of this Act or of any licence, permit or pass issued under it, and all amounts due from any farmer under this Act, may be recovered from any person liable to pay the same, or from his surety (if any) as if they were arrears of land-revenue.

1X POWERS OF ABKARI-OFFICERS

SECTION 35: POWER OF GOVERNMENT TO FRAME RULES

(l) Government may make rules for the purpose of carrying out the pro visions of this Act or any other law for the time being in force, relating to Abkari-revenue.

(2) In particular and without prejudice to the generality of the foregoing provision, Government may make rules"

(a) regulating the delegation, of any powers by the Commissioner or by Collectors;

(b) prescribing the powers and duties of officers of the Abkari Department;

(c) regulating the import, export or transport of any excisable article or hemp

(d) regulating the periods and localities for which licences (or the wholesale or retail vend of any excisable article or hemp may be granted;

(e) providing for the consulting of public opinion and prescribing the procedure be followed and the matters to be ascertained before any 1icence for such vend is granted for any locality;

(f) prohibiting the employment by the licence-holder of any person or class of persons to assist him in his business in any capacity whatsoever;

(g) prescribing the persons or classes of persons to whom any excisable article may or may not be sold;

(h) for the prevention of drunkenness, gambling or disorderly conduct in or near any licensed premises and the meeting or remaining of persons of bad character on such premises;

(i) regulating the grant of expenses to persons called on to give information in investigations conducted by Abkari officers, and of compensation to persons charged with offences punishable under this Act and acquitted.

(3) The power to make rules under this section shall be subject to the condition of previous publication:


Provided that any such rules may be made without previous publication if Government consider that they should be brought into force at once.

SECTION 35A: POWER OF COMMISSIONER TO FRAME RULES

The Commissioner may make rules

(a) regulating the manufacture, supply or storage of any excisable article of hemp including"

(i) the erection, inspection, supervision, management and control of any place for the manufacture, supply or storage of such article or hemp, and the fittings, implements and apparatus to be maintained therein;

(ii) the cultivation of hemp and the collection of the spontaneous growth of such plant and the preparation of any intoxicating drug from such growth;

(iii) the tapping of toddy-producing trees and the drawing of toddy from such trees

(iv) the bottling of foreign liquor;

(b) regulating the deposit of any excisable article or hemp in a warehouse and the removal of such article from any such warehouse or from any distillery or brewery;

(c) prescribing the case of excisable article the way in which the duty on which article shall be levied;

(d) prescribing the sale of fees or the manner of fixing the fees payable in respect of any privilege, licence, permit or pass or of the storing of any excisable article or hemp;

(e) regulating the time, place and manner of payment of any duty or fee;

(f) prescribing the restrictions under the conditions to which any licence, permit or pass may be granted, including

(i) the prohibition of the admixture with any excisable article of any substance deemed to be noxious or objectionable;

(ii) the fixing of the strength price or quantity in excess of or below which any excisable article shall not be sold or supplied, and the quantity in excess of which denatured spirit shall not be possessed and the prescription of a standard of quantity for any excisable article;

(iii) the prohibition of sale except for cash

(iv) the prescription of the days and hours during which any licenced premises may not be kept open and provision for the closure of such premises on special occasions;

(v) the prescription of the nature of the premises on which any excisable article may be sold and the notices to be exposed at such premises

(vi) the prescription of the accounts to be maintained and the returns to be submitted by licence-holders;.

(vii) the regulation or prohibition of the transfer of licences

(g) (i) declaring the process by which spirits shall be denatured in the areas to which this Act, extends.,

(ii) for causing such spirits to be denatured through the agency or under the supervision of Government officers;

(iii) for ascertaining whether such spirits have been denatured;

(h) providing for the destruction or other disposal of any excisable article deemed to be unfit for use;

(i) regulating the disposal of confiscated articles;

(j) prescribing the occasions on which special orders may be granted under section 17 for the sale by retail of larger quantities of country liquor or intoxicating drugs than are prescribed in any notification issued under the said section and the conditions on which such sales may be made;

(k) prescribing the amount of security to be deposited by the holder of any licence, permit or pass or the performance of the conditions for the same.

SECTION 36: POWERS EXERCISABLE BY ABKARI OFFICERS ON INFORMATION THAT LIQUOR, ETC., IS UNLAWFULLY MANUFACTURED, ETC

A Commissioner or Collector, or other Abkari-officer duly empowered in this behalf, may

(a) enter and inspect, at any time by day or by night any land on which toddy-producing trees are growing, whether such trees are licensed for tapping or not, and any warehouse, shop or premises in which any licensed manufacturer or vendor carries on the manufacture or sale of any excisable article or hemp or draws toddy, or stores any excisable article or hemp and examine, test, measure or weigh any such person's stock of any excisable article or hemp or materials; or

(b) enter, at any time by day or by night any building, vessel, vehicle or enclosed place in which he has reason to believe that any excisable article or hemp liable to confiscation under this Act is manufactured, kept or concealed or that toddy is drawn, or that any still, utensil, implement or apparatus is used, kept or concealed for the purpose of manufacturing any excisable article contrary to the provisions of this Act; and

(c) in case of resistance, break open any door and remove any other obstacle to his entry into any such shop, premises, building, vessel, vehicle or other place; and

(d) seize any excisable article or hemp and any material used in the manufacture thereof, and any still, utensil, implement or apparatus, and any Other thing which he has reason to believe to be liable to confiscation under this Act, or under any other law for the time being in force relating to abkari-revenue ; and

(e) detain and search and, if he think proper, arrest any person whom he has reason to believe to be guilty of any offence under this or any other law for the time being in force relating to abkari-revenue.

SECTION 37: POWER TO SEIZE LIQUOR, ETC, IN OPEN PLACES, AND TO DETAIN, SEARCH AND ARREST

Any Commissioner or collector or other Abkari-officer duly empowered in this behalf, may"

(a) seize in any open plate or in transit, any excisable article, hemp or any other thing which he has reason to believe to be liable to confiscation under this or any other law for the time being in force relating to abkari revenue;

(b) detain and search any person whom he has reason to believe to be guilty of any offence against this or any other such law and, if such person has any excisable article, hemp or other thing in his possession, arrest him.

SECTION 38: SEARCHES HOW MADE

All searches under the two last preceding sections shall be made in accordance with the provisions of the Code of Criminal Procedure, 1898

SECTION 38A: ARREST WITHOUT WARRANT

Any Commissioner or Collector or Abkari-officer duly empowered in this behalf may arrest without an order from a Magistrate and without warrant any person who obstructs him in the execution of his duty under this Act or who has escaped or attempts to escape from custody in which he has been or is lawfully detained under this Act.

SECTION 38B: DISPOSAL OF PERSON ARRESTED

Subject to the provisions as to bail hereinafter contained every person arrest under section 38-A shall without unnecessary delay be taken or sent by the person arresting him before a Magistrate having jurisdiction in the case or before the officer in charge of poice-station.

SECTION 38C: PROCEDURE

The provisions, of section 61 of the Code of Criminal Procedure, 1898, shal1 apply to all arrests made without warrant by Abkari-officers.

SECTION 38D: REFUSAL TO GIVE NAME AND RESIDENCE

(1) When any person who in the presence of any officer of the Abkari Department of such rank as Government may prescribe has committed or has been accused of committing an offence under this Act refuses, on demand of such officer, to give his name and residence or gives a name and residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.

(2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required:


Provided that, if such person is not resident in British India, the bond shall be secured by a surety or sureties resident in British India.

(3) Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest or should be fail to execute the bond or, if so required to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.

SECTION 39: OFFICERS TO BOUND TO ASSIST

All village officers, all village servants useful to Government and all officers of the departments of Police, Forest, Customs, Salt and Revenue and of the Bombay, Karachi and Aden Port Trusts, shall be bound

(a) to give immediate information to an Abkari-officer of the commission of any offence, and of the intention or preparation to commit any offence under this Act which may come to their 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 to be committed;

(c) to assist any Abkari-officer in carrying out the provisions of this Act.

SECTION 39A: DUTY OF LANDHOLDERS AND OTHERS TO GIVE INFORMATION

Every owner or occupier of land and the agent of any such owner or occupier of land on which there shall be any manufacture of any excisable article not licensed under this Act, or the unlawful cultivation or collection of any plant from which an intoxicating drug can be produced, Shall in the absence of reasonable excuse be bound to give notice of the same to a Magistrate or to an officer of the departments of Abkari, Police or Revenue immediately the same shall have come to his knowledge.

SECTION 40: ISSUE OF WARRANTS

Any Commissioner, or Collector, or other Abkari-officer duly empowered in this behalf, or a Magistrate, may issue a warrant

(a) for the arrest of any person whom he has reason to believe to have committed an offence against this or any other law relating to abkari-revenue for the time being in force, or

(b) for the search, whether by day or by night, of any building, vessel or place in which he has reason to believe that any excisable article or hemp is manufactured or sold, or that any toddy is drawn contrary to the provisions of this Act, or that any excisable article or hemp or other thing liable to confiscation under this or any other law for the time being in force relating to abkari-revenue is kept or concealed

All warrants issued under this section shall be executed, in accordance with the provisions of the Code of Criminal Procedure, 1898, by a Police-officer or by an Abkari-office duly empowered in this behalf, or, if the officer issuing the warrant deems fit by any other person.

SECTION 41: CERTAIN ABKARI-OFFICERS TO HAVE POWERS OF INVESTIGATION

(1) Every Abkari-officer not below such rank as Government may prescribe shall within the area for which he is appointed have power to investigate all offences punishable under this Act.

(2) Every such officer shall in the conduct of such investigation exercise the powers conferred by the Code of Criminal Procedure, 1898, upon an officer in charge of a police station for the investigation of a cognizable offence


Provided that

(i) if such officer is of opinion that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of an accused to a Magistrate, or that the person arrested may be discharged with a warning, such officer shall release him on his executing a bond, with or without sureties to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence, and shall make a full report of the case to his official superior and be guided by the order which he shall receive on such report,

(ii) the powers of an officer empowered under this section shall be subject to such further modifications or restrictions as Government may prescribe

SECTION 41A: PROCEDURE ON ARREST

Every person arrested and thing seized under section 36, 37 of 40 shall, unless the arrest or seizure has been made by an Abkari exercising powers under section 41, be forwarded without delay to the nearest Abkari-officer exercising such powers, or if there be no such officer within a reasonable distance, to the officer in charge of the nearest police-station.

SECTION 41B: BAIL

(l) Any Abkari-officer empowered to investigate an offence punishable under this Act shall have power to grant bail in accordance with the provisions of the Code of Criminal Procedure, 1898, to any person arrested without a warrant for an offence punishable under this Act

(2) When any person has been arrested under section 38-A for a bailable offence punishable under the Indian Penal code any abkari-officer empowered under sub-section (1) to grant bail shall have power to grant bail to such person in accordance with the provisions of the Code of Criminal Procedure, 1898.

SECTION 41C: ARTICLES SEIZED

When a has been seized by an Abkari-officer exercising powers under section 41 or has been sent to him in accordance with the provisions of section 41-A, such officer, after such enquiry as may be necessary

(a) if it appears 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 or for his appearance a before whom bail has been taken,

(b) if it appears that such thing is liable to confiscation but is not required as evidence as aforesaid, he shall send it with a full report of the particulars of the seizure to the Collector.

(c) if no offence appears to have been committed, shall return it to the person from whose possession it was taken.

SECTION 42: CLOSING OF SHOP FOR SAKE OF PUBLIC PEASE

It shall be lawful for the Collector by notice in writing to the licensee to require that any, shop in which any excisable article is sold by retail shall be closed at such time as he may deem it necessary for the sake of public peace and order, that such shop should remain closed.

If a riot or unlawful assembly is imminent or occurring in the vicinity of any such shop, it shall be lawful for any Magistrate or Police-officer who is present to require such shop to be kept closed for such period as he deems fit.

CHAPTER X PENALTIES

SECTION 43: FOR ILLEGAL IMPORT, ETC

Whoever in contravention of this Act or of any rule or order made under this Act or of any licence, permit or pass obtained under this Act,

(a) imports (a), exports, (b) or possesses (c) any excisable article or hemp, or

(b) manufatures (d)-any excisable article, or

(c) cultivates (e) o collects hemp, or

(d) taps (f) any toddy-producing tree, or

(e) draws toddy (g) from any tree, or

(f) constructs or works any distillery or brewery, or

(g) bottles any foreign liquor, or

(h) uses, keeps or has in his possession (h) any materials, still, utensil (i), implement or apparatus (j) whatsoever for the purpose of manufacturing any excisable article other than toddy, or

(i) sells (k) any excisable article or hemp,

shall on conviction, be punished for each such offence with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both.


Provided that when any person is convicted under this sub-section of any offence committed in respect to cocaine or any of the synthetics thereof, he shall be punished on first conviction with imprisonment (a) for a term which may extend to one year or with fine (b) which may extend to two thousand rupees, or with both and on any subsequent conviction with imprisonment for a term which may extend to two years or with fine which may extend to four thousand rupees or with both.

(2) Whoever in contravention of this Act or of any rule or order(c) made under this Act or of any licence permit or pass granted under this Act or imports, exports, collects, transport, sells(d) or has in his possession mhowra flowers(e)shall be punished for each such offence with fine which may extend to three months, or with both: provided that no person shall be punished in respect of any mhowra flowers which are either growing on a tree or are lying uncollected on the ground as they have fallen from a tree.

SECTION 43A: PENALTY FOR THE KEEPING OR LETTERING OF PREMISES FOR A COCAINE OFFENCE

Whoever lets or uses any house room or place of which he is the owner or occupier or of which he has the use in such circumstances as to indicate that be or has reason to believe that such house, room or place is used as a resort of importers, exporters, transporters, possessors or vendor of cocaine or any of the synthetic thereof in contravention of any of the provisions of this Act shall be punished on first conviction with imprisonment for a term which may extent to One year or with fine which may extend to two thousand rupees or with both and on any subsequent conviction with imprisonment for a term which may extend to two years or with fine which may extend to four thousand rupees or with both.

SECTION 43B: SECURITY FOR ABSTAINING FROM COCAINE OFFENCES

(1) Whenever any person accused of any offence under this Act in respect of cocaine or any of the synthetics thereof is convicted of such offence before a High Court, a Court of Session or the Court of a Presidency Magistrate, a District Magistrate, a Sub-divisional Magistrate, or a Magistrate of the first class, and such Court is of opinion that it is necessary to require such person to execute a bond for abstaining from offences under this Act in respect of cocaine or any of its synthetics, such Court 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 for abstaining from suck Offences during such period not exceeding three years as it thinks fit to fix.

(2) If the conviction is set aside on appeal or otherwise the bond so executed shall become void.

(3) An order under this section may also be made by an appellate Court or by the High Court when exercising its powers of revision.

(4) The proceedings subsequent to the making of any order under this section shall be regulated as nearly as may be, by the provisions of sections 120, 122, 123, 124, 125 and

126 of the Code of Criminal Procedure 1898, as if such order had been made under section 106 of the said Code and the provisions Of sections 513, 514 and 515 of the said Code shall so far as may be apply to bonds executed under this section.

SECTION 44: FOR NEGLECT TO KEEP MEASURES, ETC

Whoever in contravention of this Act or of any rule or order made under this Act of any licence, permit or pass obtained under this Act,"

(a) neglects to supply himself with measures (a) and weights for measuring land weighing any excisable article or with instruments for testing the strength of liquor, or to keep the same in good condition, or

(b) refuses to measure weigh or test any excisable article in his possession, shall be punished for each such offence with fine which may extend to two hundred rupees.

SECTION 45: FOR MISCONDUCT BY LICENSEE, ETC

Whoever being the holder of a licence, permit or pass granted under this Act or a person in the employ of such holder or acting with his ex press or implied permission on his behalf'"

(a) fails to produce such licence, permit or pass on the demand of any duly empowered officer either of the Abkari Department or of any of the departments named in section 39 if such licence, permit or pass is in his possession or control, or

(b) wilfully does or omits to do, anything in contravention of any rules or orders made under this Act, or

(c) willfully does or omits to do, anything in breach of any of the conditions (a) of such licence, permit or pass not otherwise provided for in this Act shall on conviction before a Magistrate be punished for each such offence with imprisonment which may extend to three months or with fine which may extend to two hundred rupees or with both.

SECTION 45A: PENALTY FOR OFFENCES NOT OTHERWISE PROVIDED FOR

Whoever is guilty of any act or intentional omission in contravention of any of the provisions of this Act, or of any rule or order made under this Act, and not otherwise provided for in this Act, shall on contravention before a Magistrate be punishable for each sum act or omission with fine which may extend to two hundred rupees.

SECTION 46: FOR MISCONDUCT BY LICENCED VENDOR OR MANUFACTURER

Whoever being the holder of a licence for the sale or manufacture of any excisable article under this Act, or a person in the permission in this behalf.

(a) mixes (a) or permits to be mixed with the excisable article sold of manufactured by him any noxious drug or any foreign ingredient likely to add to its actual or apparent intoxicating quality or strength or any article prohibited by any rule made under clause (f) (i) of section 35A, or water except for the purpose of reducing liquor to the strength prescribed in the licence, or any diluting or colouring sub stance or any ingredient whatsoever likely to render the excisable article inferior in quality whether such ingredient is or is not prohibited as aforesaid when such admixture shall not amount to the offence of adulteration under section 272 of the Indian Penal Code, or

(b) sells or keeps, or exposes for sale, as foreign liquor, liquor which he knows or has reason to believe to be country-liquor, or

(c) marks the cork of any bottle, or any bottle, case, package or other receptacle, containing country or uses any bottle, case, package or other receptacle containing country-liquor, with any mark thereon or on the cork thereof with the intention of causing it to be believed that such bottle case, package or other receptacle contains foreign liquor when such act shall not amount to the offence of using a false trade-mark with intent to deceive or injure any person under section 482 of the Indian Penal Code, or

(d) sells or keeps or exposes for sale, any country-liquor in a bottle, case, package or other receptacle with any mark thereon or on the cork thereof with the intention of causing it to be believed that such bottle, case, package or other receptacle contains foreign liquor, when such act shall not amount to the offence of selling goods marked with a counterfeit trade mark under section 486 of the Indian Penal Code,

or (e) sells any excisable article which is not of the nature, substance and quality demanded by the purchaser or keeps or exposes for sale any excisable article which is not of the nature, substance and quality authorized by the terms of the licence to be kept for sale by the holder of the licence, shall be punished for each such offence with fine which may extend to five hundred rupees, or with imprisonment for a term which may extend to three months, or with both.

SECTION 47: LIABILITY OF LICENSEE FOR ACTS OF SERVANTS

The holder of a licence, permit (a) or pass under this Act shall be responsible, as well as the actual offender, for any o committed by any person in his employ (b) or a with his express or implied permission in his behalf under sections 43, 44, 45, 45-A or 46 as if he himself had committed the same, unless he shall establish that all due and reasonable precautions were exercised by him to prevent the commission of such offence (c)


Provided that no person other than the actual offender shall be punished with imprisonment except in default of payment of fine.

SECTION 48: FOR MALICIOUSLY GIVING FALSE INFORMATION

Whoever maliciously gives false information that any person has committed, or been concerned in any offence, against this Act with the intent that such person be arrested, or that any building, vessel or other place be searched to the injury or annoyance of such person or of any other person, shall 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.

SECTION 49: FOR VEXATIOUS SEARCH OR ARREST

Any Abkari or other officer who, without reasonable ground of suspicion, enters or searches, or causes to be searched, any building, vessel or place, or vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for anything liable to confiscation under this Act, or vexatiously and unnecessarily detains, searches or arrests any person, shall, for every such offence, be punished with fine which may extend to five hundred rupees.

SECTION 49A: FAILURE OF ABKARI OFFICER IN DUTY

Any Abkari officer who without lawful excuse shall cease or refuse to perform, or shall withdraw himself from, the duties of his office, unless with the express written permission of the Commissioner, or unless he shall, have given , to his superior officer two months notice in writing of his intention to do so, or who shall be guilty of cowardice, shall on convictions before a "Magistrate be punished with imprisonment which may extent to three months, or with fine which may extend to three months' pay, or with both.

SECTION 50: VEXATIOUS DELAY IN FORWARDING TO A MAGISTRATE A PERSON ARRESTED UNDER SECTION 38A

Any Abkari or other officer or person who vexatiously and unnecessarily delays forwarding to a Magistrate or to the officer in charge of a police-station as required by section 38-B any person arrested under section 38A shall be punished with fine which may extend to two hundred rupees.

SECTION 50A: VEXATIOUS DELAY IN ACTING IN THE MANNER REQUIRED BY SECTION 41-A OR 41-C

Any Abkari or other officer or per son who vexatiously and unnecessarily delays acting in the manner required by section 41A or 41C with respect to any person arrested, or any illicit article seized under this Act, shall be punished with fine which may extend to two hundred rupees.

SECTION 51: FOR CONNIVING AT ESCAPE OF PERSONS ARRESTED, ETC

Any Abkari or other officer who unlawfully releases or connives at the escape of any person arrested under this Act) or connives at the commission of any offence against this Act, or 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 may be evaded or broken, or the abkari-revenue defrauded, and officer named in section 39 invested with local jurisdiction who connives at the commission of any offence against this Act in any place within his jurisdiction, shall for every such offence be punished with fine which may extend to five hundred rupees, or with imprisonment for a term which may extend to six months or with both.

SECTION 52: FOR NEGLECTING TO ASSIST AN ABKARI OFFICER

Any officer named in section 39 who without lawful excuse, neglects or refuses to give information or to take preventive measures or to give assistance to an Abkari officer in the manner required by the said section shall be punished with fine which may extend to five hundred rupees.

SECTION 53: PRESUMPTION AS TO COMMISSION OF OFFENCE IN CERTAIN CASES

In prosecution (a) under section 43 it shall be presumed without further evidence until the contrary is proved that the accused person has committed an offence under that section in respect of any excisable article or hemp or any still, utensil, implement or apparatus whatsoever for the manufacture of any excisable article or mhowra flowers, or any such material as are ordinarily used in the manufacture of any excisable article for the possession of which he is unable to account satisfactorily.

SECTION 54: THINGS LIABLE TO CONFISCATION

Whenever an offence under this Act has been committed.

(a) any excisable article, hemp, mhowra flowers, materials, still, utensil, implement or apparatus in respect of which the offence has been committed

(b) any, excisable article, hemp or mhowra flowers lawfully imported, transported, manufactured, had in possession or sold along with, or in addition to, any article liable to confiscation under clause (a);

(c) the receptacles, packages and coverings in which any article liable to confiscation under clause (a) or clause (b) is found and the other contents of such receptacles, packages and coverings, and the animals, carts, vessels or other conveyance used in carrying any such article; shall be liable to confiscation.

SECTION 55: PROCEDURE IN CONFISCATION

(l) When in any case tried by him the, Magistrate decides that anything is liable to confiscation under the foregoing section, he may, after hearing the person, if any, right thereto, and the evidence, if any, which he produces in support of his claim order confiscation, or, in the case of any article other than an excisable article or hemp, may give the owner an option to pay such fine as the Magistrate deems fit in lieu of confiscation.

(2) When an offence under this Act h been committed and the offender is not known or can-not be found, or when anything liable to confiscation under this Act and not in the possession of any person cannot be satisfactorily accounted for, the case shall be enquired into and determined by the Collector, who may order confiscation:


provided that no such order shall be made before the expiration of one month from the date of seizing the thing intended to be confiscated, or without hearing the person, if any, claiming any right thereto, and the evidence, if any, which he produces in support of his claim;


provided further that if the thing in question is liable to speedy and natural decay, or if the Collector is of opinion that the sale would be for the benefit of the owner, the Collector may at any time direct it to be sold and the provisions of this sub-section shall apply so far as may be to the net proceeds of the sale:


Provided further that in the case-of anything liable to speedy and natural decay the Collector may, if the circum stances so require, direct it to be destroyed.

(3) The Collector may delegate his powers under this section to any Assistant or Deputy Collector, either by name or in virtue of his office

SECTION 55A: COMPOUNDING OFFENCES

Any Commissioner or Collector, or any Abkari-officer specially empowered by Government in this behalf, may accept from any person whose licence, permit or pass is liable to be cancelled Or suspended under clause (a) or clause (b) of section 32, or who is reasonably suspected of having committed an offence under section 43,44, 45, 45-A or 46, a sum of money in lieu of such cancellation or suspension or by way of composition for the offence which may have been committed as the case may be; and in all cases whatsoever in which any property other than an excisable article or hemp has seized as liable to confiscation under this Act may release the same on payment of the value thereof as estimated by such officer:

Provided that where a person who is reasonably suspected of having committed an offence under section 43 or 45-A is not the holder of a licence, permit or pass granted under this Act, or a person in the employ of such holder or a person acting with his express or implied permission on his behalf, the sum of money which may be accepted from such person by way of composition shall not exceed two hundred rupees.

On the payment by such person of such sum of money, or such value, or both, as the case may be, to such officer, such person, if in custody, shall be set at liberty and the property seized shall be released, and if magisterial proceedings shall have been instituted against such person the composition shall be held to an acquittal and in no case shall any further proceedings be taken against such person or property with reference to the same facts.

CHAPTER XI PROCEDURE

SECTION 56: COGNIZANCE OF OFFENCES

All offences against this Act shall be, cognizable by a Magistrate.

SECTION 57: REPEALED BY BOMBAY ACT IIIOF 1886
SECTION 58 TO 59: REPEALED BY BOMBAY ACT XII OF 1912
SECTION 60: APPEALS

All orders passed by any Abkari-officer other than the Collector or Commissioner under this Act shall be appealable to the Collector at any time within sixty days from the date of the order complained of All orders passed by a Collector or Commissioner shall be appealable to the Commissioner or-to Government, respectively, at any dine within ninety days from the date of the order complained of


Provided that no appeal shall lie against an order passed by a Commissioner on appeal Subject to the foregoing provisions, the rules for the time being in force relating to appeals in the Revenue Department shall apply to appeals under this Act.

CHAPTER XII MISCELLANEOUS

SECTION 61: SAVING OF CERTAIN ACTS

Nothing in this Act affects the Cantonments Act, 1910, l 2 or any enactment passed by the Governor General in Council since the 16th November, 1861, the date on which the Indian Councils Act came into force.

SECTION 62: EXCEPTION OF MEDICATED ARTICLES

(a)Nothing in the foregoing provisions of this Act applies to the manufacture, sale or supply of any bona fide medicated article for medicinal purposes by medical practitioners, chemisis, druggists, apon the carries or keepers of dispensaries, but it shall be lawful for Government at any time, by notification in the Bombay Government Gazette, to prohibit the sale of any such article or class of such article within any defined local area or place or generally except under a license from the Collector, which shall be granted on payment of such fees and subject to such conditions as Government may deem fit to prescribe.

SECTION 63: ANNUAL PAYMENT TO BOMBAY MUNICIPAL CORPORATION IN LIEU, OF MONEY RECEIVED UNDER BOMBAY ACT IX OF 1867

Whereas it was provided by section 14 of Bombay Act IX of 1867 that all money realized, collected or obtained, by, to the credit of the Municipal fund of the City of. Bombay for Municipal purposes, it is hereby enacted that, in lieu of the money hitherto so received by the Municipal Corporation f the, City of Bombay, a fixed sum of Rs. 1,43,750 shall, from and after the first day of August, 1878, be annually paid by Government to the said Corporation for the said purposes.

SECTION 64: PUBLICATION OF RULES

Al1 rules made under any power conferred by this Act shall be published in the Bombay Government Gazette and on such publication shall have effect as if enacted in this Act.

SECTION 65:"66: [REPEALED BY ACT XVI OF 1895.]
SECTION 67: BAR OF ACTION
(a)

No action shall lie against Government or against any Abkari-officer for damages in any Civil Court for any act bona fide done or ordered to be done by them in pursuance of this Act, or of any law at the time in force relating to abkari revenue; and all prosecutions of any Abkari-officer, and all actions which may be lawfully brought against Government or against any Abkari-officer, in respect of anything done, or alleged to, been done, in pursuance of this Act, shall be instituted within four months from the date of the act complained of and not afterwards; and any such action shall be dismissed"

(a) if the plaintiff does not prove that, previously to bringing such action, he has. presented all such appeals allowed by this Act, or by any other 1aw for the time being in force, as within the aforesaid period of four months it was possible to present; or issue of licences, or by forfeitures or by imposition or infliction of fines and penalties under the said Act should be carried

(b) in the case of an action for damages, if tender of sufficient amends shall have been made before the action was brought, or if after the institution of the action a sufficient sum of money is paid into Court with costs, by or on behalf of the defendant:


Provided that nothing in this section shall be deemed to affect the power or jurisdiction of Her Majesty's High Court of Judicature or of the Court of Small Causes at Bombay.

Maharashtra State Acts


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