Effective Date: 18th September 2019
Authority: Article 213(1) of the Constitution of India
AMENDMENT 4: Amendment of Section 68 — Penalty for Import/Export/Transport of Liquor (Ordinance, Clause 5)
Amended Rule/Section: Section 68 of the Maharashtra Prohibition Act, 1949
Type of Change: Substitution — same two-tier penalty structure as Section 65
What Changed: The punishment provision was substituted with the identical graduated penalty structure introduced for Section 65 (see Amendment 2 above), distinguishing between offences in ordinary areas and offences in Absolutely Prohibited Areas with escalating repeat-offence penalties.
Key Details: (Same structure as Section 65 penalties — see Amendment 2 table above)
Effective Date: 18th September 2019
Authority: Article 213(1) of the Constitution of India
AMENDMENT 5: Amendment of Section 83 — Penalty for Abetment/Conspiracy (Ordinance, Clause 6)
Amended Rule/Section: Section 83 of the Maharashtra Prohibition Act, 1949
Type of Change: Substitution — same two-tier penalty structure
What Changed: The punishment provision for each person convicted under Section 83 (abetment/conspiracy offences) was substituted with the same two-tier graduated penalty structure as Sections 65 and 68.
Key Details: (Same structure as Sections 65 and 68 — see Amendment 2 table above)
Effective Date: 18th September 2019
Authority: Article 213(1) of the Constitution of India
AMENDMENT 6: Amendment of Section 85 — Presumption of Guilt (Ordinance, Clause 7)
Amended Rule/Section: Section 85(1) of the Maharashtra Prohibition Act, 1949
Type of Change: Word substitution — minor drafting amendment
What Changed:
- In clause (a) of sub-section (1): the conjunctive word "and" was replaced with "or."
- In clause (b) of sub-section (1): the conjunctive word "and" was replaced with "or."
This change relaxes the standard for invoking statutory presumption of guilt, making it sufficient to satisfy either condition (a) or (b) rather than both cumulatively.
Effective Date: 18th September 2019
Authority: Article 213(1) of the Constitution of India
AMENDMENT 7: Amendment of Section 86 — Penalty for Miscellaneous Minor Offences (Ordinance, Clause 8)
Amended Rule/Section: Section 86(1) of the Maharashtra Prohibition Act, 1949
Type of Change: Substitution — new two-tier penalty structure
What Changed: The penalty provision in sub-section (1) was substituted with a two-tier structure:
Outside Absolutely Prohibited Area:
- Imprisonment up to 6 months or fine up to ₹10,000, or both
- Proviso: Unless special reasons are recorded in judgment, imprisonment shall not be less than 3 months and fine not less than ₹5,000
Inside Absolutely Prohibited Area (significantly enhanced):
- Imprisonment: not less than 3 years, up to 5 years and
- Fine: not less than ₹25,000, up to ₹50,000 or 2× duty/fee evaded (whichever higher)
Practical effect: Section 86 offences in dry districts are now treated with the same severity as serious offences under Sections 65/68/83 (warrant case trial procedure applies — see Amendment 10).
Effective Date: 18th September 2019
Authority: Article 213(1) of the Constitution of India
AMENDMENT 8: Insertion of New Section 104B — Non-Compounding of Offences in Absolutely Prohibited Area (Ordinance, Clause 9)
Amended Rule/Section: New Section 104B inserted after Section 104A of the Maharashtra Prohibition Act, 1949
Type of Change: Insertion of new section
What Changed: A new section 104B was inserted providing that notwithstanding anything in Section 104 (compounding of offences), offences committed in an Absolutely Prohibited Area by:
- A license holder (for sale or manufacture of liquor), or
- Any person in their employ, or
- Any person acting with their express or implied permission,
involving sale, transport, or possession of liquor in the Absolutely Prohibited Area, shall not be compoundable.
Practical effect: In dry districts, licensees and their agents cannot settle such cases by paying a compounding fee — prosecution must proceed to trial. This removes a key escape route for trade-level offenders in prohibited areas.
Effective Date: 18th September 2019
Authority: Article 213(1) of the Constitution of India
AMENDMENT 9: Amendment of Section 115 — Fine Cap Removed (Ordinance, Clause 10)
Amended Rule/Section: Section 115 of the Maharashtra Prohibition Act, 1949
Type of Change: Deletion
What Changed: The words "provided that the fine shall not exceed three thousand rupees" were deleted from Section 115. This removes the previous cap of ₹3,000 on fines under that section, allowing courts to impose fines consistent with the enhanced penalty schedules introduced elsewhere by this Ordinance.
Effective Date: 18th September 2019
Authority: Article 213(1) of the Constitution of India
AMENDMENT 10: Substitution of Section 116 — Trial Procedure (Ordinance, Clause 11)
Amended Rule/Section: Section 116 of the Maharashtra Prohibition Act, 1949
Type of Change: Full substitution
What Changed: Section 116 was entirely substituted with a new provision establishing a dual trial procedure:
Sub-section (1) — Warrant Case Procedure (Cr.P.C., 1973) applies to:
- Offences under Sections 65, 68, 70, 72, and 83 anywhere in the State; and
- Offences under Section 86 committed in an Absolutely Prohibited Area
Sub-section (2) — Summary Case Procedure (with appeal) applies to:
- All other offences under the Act committed anywhere in the State
Practical effect: The more rigorous warrant case procedure (full trial, charges framed, cross-examination) now applies to Section 86 offences in dry districts, reflecting their elevated severity.
Effective Date: 18th September 2019
Authority: Article 213(1) of the Constitution of India
AMENDMENT 11: Amendment of Section 119 — Bail Provisions (Ordinance, Clause 12)
Amended Rule/Section: Section 119 of the Maharashtra Prohibition Act, 1949
Type of Change: Word/figure substitution
What Changed: The reference "and 83" was replaced with "83 and 86" in Section 119. This brings Section 86 offences (committed in Absolutely Prohibited Areas) within the scope of Section 119's bail restriction provisions, consistent with their re-classification as warrant cases.
Effective Date: 18th September 2019
Authority: Article 213(1) of the Constitution of India
AMENDMENT 12 (Separate Order dated 19.09.2019): Prescribed Limit for Possession of Liquor
Amended Rule/Section: New Government Order under Section 2(34A), Maharashtra Prohibition Act, 1949
Order No.: MIS. 0919/CR 333/Exc-3
Type of Change: New Subordinate Notification — Prescribed Possession Limits
What Changed: In exercise of the power under the newly inserted definition clause 2(34A), the Government of Maharashtra issued a separate order the very next day (19.09.2019) declaring the "prescribed limit" for possession of liquor. Possession at or below this limit by a private individual is treated as a minor offence under Section 66 (not Section 65); possession above this limit constitutes a serious offence under Section 65.
Prescribed Limits Schedule:
| Sr. No. |
Type of Liquor |
Prescribed Limit (Quantity) |
One Unit = |
| 1 |
Country Liquor (Desi) |
2 Units |
1,000 ml |
| 2 |
Spirits (IMFL & Imported Liquor etc.) |
12 Units |
1,000 ml |
| 3 |
Beer |
12 Units |
2,600 ml |
| 4 |
Wine |
12 Units |
2,600 ml |
| 5 |
Toddy |
12 Units |
1,000 ml |
| 6 |
Liquids Containing Alcohol |
12 Units |
1,000 ml |
Explanation (1): Where a person possesses more than one type of liquor simultaneously, the combined total shall not exceed 12 units at any one time.
Explanation (2) — Alternative Value-Based Limit: Irrespective of quantity, possession of liquor up to the value of ₹10,000 also falls within the prescribed limit (i.e., is treated as minor possession under Section 66).
Practical effect: A person in possession of, say, 10 units of IMFL (below the 12-unit limit) or liquor worth less than ₹10,000 faces the lesser Section 66 penalty rather than the serious Section 65 penalty. This protects ordinary consumers from disproportionate punishment while enabling strict action against commercial-scale illegal possession. In Absolutely Prohibited Areas, even minor possession continues to attract enhanced Section 66 penalties as amended.
Effective Date: 19th September 2019 (from date of publication)
Authority: Section 2(34A), Maharashtra Prohibition Act, 1949 (as inserted by Mah. Ord. XXV of 2019)
Signed by: P. H. Wagde, Joint Secretary to Government, Home Department