महाराष्ट्र अध्यादेश 2019, दि.18.09.2019 अन्वये महाराष्ट्र दारुबंदी अधिनियम, 1949 मध्ये मद्य बाळगण्याची विहीत मर्यादा निशिचत करण्याबाबत - दि.18.09.2019 व दि.19.09.2019

Gazette Reference: Maharashtra Ordinance No. XXV of 2019 (Part Eight, Extra-Ordinary No. 88, dated 18.09.2019) & Part Four-B, Extra-Ordinary No. 366, dated 19.09.2019 Type: Substantive Amendment (Ordinance) + Subordinate Order — Definition of "Absolutely Prohibited Area," Enhanced Penalties for Dry Districts, and Prescribed Limit for Possession of Liquor Authority: Article 213(1) of the Constitution of India (for the Ordinance); Section 2(34A) of the Maharashtra Prohibition Act, 1949 (for the Order)

AMENDMENT 1: Insertion of New Definitions in Section 2 (Ordinance, Clause 2)

Amended Rule/Section: Section 2 of the Maharashtra Prohibition Act, 1949 (XXV of 1949) Type of Change: Insertion of two new definitions

What Changed: Two new definitions were inserted into Section 2 (the definitions section):

1. Clause (1-a) — "Absolutely Prohibited Area": Inserted before existing clause (1). Defines an "Absolutely Prohibited Area" as any district, group of districts, or part thereof within Maharashtra that the Government has declared a "dry district" by general or special order published in the Official Gazette under Section 139(1)(a). This formalises the concept of a dry zone with a defined legal term for use throughout the Act.

2. Clause (34A) — "Prescribed Limit": Inserted after existing clause (34). Defines "prescribed limit" as the quantity of liquor (or the value of seized liquor in rupees) that the Government may declare by Official Gazette order from time to time as the threshold above which possession constitutes an offence. This definition enables the subordinate order of 19.09.2019 (see Amendment 13 below) to operate.

Effective Date: 18th September 2019 (Ordinance comes into force at once) Authority: Article 213(1) of the Constitution of India

AMENDMENT 2: Amendment of Section 65 — Penalty for Manufacture/Possession/Transport of Illicit Liquor (Ordinance, Clause 3)

Amended Rule/Section: Section 65 of the Maharashtra Prohibition Act, 1949 Type of Change: Substitution — enhanced penalties and introduction of graduated punishment for Absolutely Prohibited Area

What Changed:

• Clause (e) of Section 65 was amended: the word "possesses" was replaced with "possesses the quantity above the prescribed limit of," thereby decriminalising possession below the prescribed limit threshold.
• The punishment provision was entirely substituted to create a two-tier penalty structure based on whether the offence occurs inside or outside an Absolutely Prohibited Area.

Key Details:

Outside Absolutely Prohibited Area (any offence):

• Imprisonment: not less than 3 years, up to 5 years
• Fine: not less than ₹25,000, up to ₹50,000, or both

Inside Absolutely Prohibited Area:

Effective Date: 18th September 2019 Authority: Article 213(1) of the Constitution of India

AMENDMENT 3: Amendment of Section 66(7) — Penalty for Consumption/Possession Below Prescribed Limit (Ordinance, Clause 4)

Amended Rule/Section: Section 66(7) of the Maharashtra Prohibition Act, 1949 Type of Change: Substitution — differentiated penalties for consumption/possession within and outside Absolutely Prohibited Area

What Changed:

• Clause (b) of sub-section (7) was amended to add that a person who "consumes or possesses the quantity below or up to the prescribed limit" (minor possession) falls under Section 66's lesser penalty regime — not under Section 65's serious offence regime.
• The penalty paragraphs (i), (ii) and (iii) were entirely substituted with a new two-tier structure.

Key Details:

Outside Absolutely Prohibited Area:

Inside Absolutely Prohibited Area:

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:

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