The Maharashtra Prohibition Act [BOM.XXV of 1949]

ANALYSIS OF MAHARASHTRA GAZETTE NOTIFICATION

Document Type: Primary Legislation (Statute) Title: The Bombay Prohibition Act, 1949 (Bombay Act No. XXV of 1949)

NATURE OF DOCUMENT:

This is NOT an eGazette notification in the typical sense. This is the full consolidated text of the principal Bombay Prohibition Act, 1949, showing all amendments incorporated up to Mah. 29 of 2006. It is the base statute itself, not a standalone amendment notification.

The document shows:

• Original enactment: 15th May 1949
• Adapted and modified multiple times (1950, 1956, 1960)
• Amended by numerous Acts from 1950 through 2006
• Extended to the whole State of Maharashtra after reorganization

SUMMARY OF THE BOMBAY PROHIBITION ACT, 1949

Authority: Enacted under powers of the State Legislature; based on Entry 51, List II, Seventh Schedule to the Constitution of India (Intoxicating Liquors)

Scope and Purpose: The Bombay Prohibition Act, 1949 is the foundational legislation governing the manufacture, sale, possession, transport, import, export, and consumption of intoxicating liquors, drugs, opium, toddy, and related substances in Maharashtra. It establishes:

1. Comprehensive prohibitions on manufacturing, selling, possessing, transporting liquor and intoxicating drugs without authorization
2. Licensing regime for permitted activities (manufacturing, wholesale/retail sale, hotels, clubs, shipping)
3. Permit system for individual consumption (health permits, visitor permits, tourist permits, foreign nationals, sacramental use)
4. Administrative framework with Commissioner of Prohibition and Excise, Collectors, subordinate officers
5. Control mechanisms for distilleries, warehouses, bottling, tapping of toddy-producing trees
6. Special provisions for armed forces, diplomatic personnel, medical/scientific/industrial use

Key Structural Elements:

CHAPTER I – Preliminary (Sections 1-2)

• Definitions of 52 terms including liquor, intoxicants, permits, licenses, excise duty, manufacture, sale, etc.

CHAPTER II – Establishment (Sections 3-10)

• Commissioner of Prohibition and Excise (replacing Director)
• Collectors, subordinate officers, police powers
• Boards and committees (Board of Experts, Medical Boards)
• Delegation of powers

CHAPTER III – Prohibitions (Sections 11-24A)

• General permission principle (Section 11): Activities permitted only under Act provisions, rules, licenses, permits
• Section 11A: Special provision for Gram Sabhas/Panchayats in Scheduled Areas to enforce/regulate prohibition
• Prohibitions:
  • Manufacturing, construction/operation of distilleries/breweries (§12)
  • Sale, bottling, consumption, possession of apparatus for liquor (§13)
  • Similar prohibitions for intoxicating drugs (§14), sweet toddy (§15), tapping toddy trees (§16), opium (§17), charas (§20)
  • Sale to minors (§18)
  • Alteration of denatured spirit/preparations (§21, 21A)
  • Common drinking houses (§22)
  • Medical prescriptions for liquor (§22A) — only by registered medical practitioners after examination
  • Soliciting/advertising intoxicants (§23-24)
• Section 24A: Exemptions for toilet/medicinal/antiseptic preparations, flavoring extracts containing alcohol if unfit for use as intoxicating liquor

CHAPTER IV – Control, Regulation and Exemptions (Sections 25-59)

• Exemptions for low-alcohol preparations (§25)

• Distilleries and warehouses: State may establish/license (§26); removal only under pass with duty paid (§27)

• Passes for import/export/transport (§28-29)

• Licenses:

  • Section 31: Medical, scientific, industrial, educational purposes
  • Section 31A: For manufacturing articles under §24A (toilet/medicinal preparations)
  • Section 32: Tapping for Neera (sweet toddy) production
  • Section 33: Trade and import licenses (wholesale foreign liquor)
  • Section 34: Vendor's licenses (retail foreign liquor to permit holders)
  • Section 35: Hotel licenses (sale to permit-holding boarders)
  • Section 38: Licenses to shipping companies/Masters of ships
  • Section 44: Club licenses (to sell to member permit-holders)

• Permits:

  • Section 40: Foreign nationals/domiciled abroad — born/brought up/domiciled outside India, or on Foreigners Register, residing temporarily
  • Section 40A: Health permits — persons requiring liquor for health preservation
  • Section 40B: Emergency permits — for brandy/rum/champagne for medicinal emergencies (one per household)
  • Section 41: Special permits — sovereigns, diplomats, ambassadors, UN personnel
  • Section 46: Visitor's permits — visitors to State for ≤1 week (extendable to 1 month)
  • Section 46A: Tourist permits — non-citizens visiting India temporarily
  • Section 47: Interim permits — up to 2 months pending regular permit
  • Section 48: Permits for intoxicating drugs/opium — on Medical Board certificate

• Section 43: Regulation of consumption by permit holders (no drinking in public places; service restrictions)

• Section 45: Authorizations for sacramental use — on recommendation of religious community

• Section 48A: All permits are non-transferable

• Section 49: Exclusive State privilege — State Government has exclusive right to import/export/manufacture/sell intoxicants; fees include rent for grant of privilege

• Section 53: General conditions for all licenses/permits/passes (prescribed fees, undertaking to abide by conditions)

KEY AMENDMENTS INCORPORATED (partial list):

• Bom. 12 of 1959: Extension to reorganized State
• Bom. 22 of 1960: Major amendments to definitions, licensing provisions
• Mah. 52 of 1973: Change of "Director" to "Commissioner"
• Mah. 70 of 1981, Mah. 9 of 1997, Mah. 46 of 1997, Mah. 18 of 1998, Mah. 35 of 2000, Mah. 52 of 2005, Mah. 29 of 2006: Various substantive amendments
• Section 11A inserted by Mah. 46 of 1997: Gram Sabha powers in Scheduled Areas
• Clause (28) of Section 2 (definition of "molasses") substituted by Mah. 29 of 2006

IMPORTANT NOTES:

1. This is the base Act, not a fee revision or single amendment notification. It consolidates all amendments through 2006.

2. The document is incomplete — it cuts off at Section 53A (mid-sentence: "Everypersonwhomanufacturesorsell"). The Act likely continues with:

   • Remaining sections on duties, offenses, penalties, searches, seizures, prosecutions, appeals
   • Schedules (Schedule I-A mentioned in §1(3))

3. Subsequent amendments not shown: Any amendments after Mah. 29 of 2006 (e.g., 2008, 2015, or later fee revisions) are not reflected in this text.

4. For current fees: Refer to separate fee notifications under Section 53 and rules made under the Act (e.g., Maharashtra Foreign Liquor Rules, Maharashtra Country Liquor Rules).

CONCLUSION:

This is the consolidated principal Act establishing Maharashtra's prohibition and excise regulatory framework, not a specific amendment notification. It provides the legal foundation for all licenses, permits, prohibitions, and administrative machinery, but fees are prescribed separately by rules and notifications issued under Section 53 and other enabling provisions.