(1) This Act may be cited as the 2[Gujarat] Prohibition Act. 1949.
4[(2) It extends to the whole of the 5[State of Gujarat].]
1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1948, Part V, page 655.
+ This Act was extended to these areas of the State of Bombay to which immediately before the commencement of Bom. 12 of 1959, it did not extend (vide Bom. 12 of the 1959, s.2).
2. This word was and was deemed to have been substituted on 1st May, 1960 for the word “Bombay” by Guj. 15 of 2011, s.3, sch., Sr. No. 32.
3. This word was substituted for the word “Province” by Bom. 12 of 1959, s. 4.
4. This sub-section wassub stituted ibid, s. 5 (a).
5. These words ware substituted for the words “State of Bombay” by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
Short title, extent and commencement.
H-2065—1 2 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(3) It shall come into force 1[in the area comprising the Pre-Reorganisation State of Bombay] on such date as the 2[State] Government may by notifi cation in the Offi cial Gazette 3[Specify.
In those areas of the State to which it is extended by the Bombay Prohibition Extension and Amendment ) Act, 1959, it shall come into force on such other date as that Government may, by like notifi cation, appoint ;
4[ * * * * ] 5[ * * * * ] ].
*6[(4) On the commencement of this Act in the manner provided in sub-section
(3), in any area to which this Act is extended by the Bombay Prohibition ( Extension and Amendment ) Act, 1959, all rules, regulations, orders and notifi cations made or issued or deemed to be made or issued under this Act and in force in the pre-Reorganisation State of Bombay excluding the transferred territories immediately before such commencement, shall also extend to, and be in force in, that area. ]
2. In this Act, context, unless there is anything repugnant in the subject or context,
(1) “authorization” means an authorization granted under section 45 for the use of liquor for sacramental purposes ;
(2) “to bottle” with its various grammatical variations, means to transfer any article from a cask or other vessel to a bottle, jar, fl ask, pot or similar receptacle for the purpose of sale, whether any process of manufacture be employed or not bottling includes re-bottling ;
7[ * * * * ] 8[(4) “Collector” includes an offi cer appointed by the State Government to exercise all or any of the powers and to perform all or any of the duties or functions of a Collector under this Act ;
(5) “Director” means an offi cer appointed as the Director of Prohibition and Excise under section 3, and includes any offi cer on whom the State Government may confer all or any of the powers of the Director under this Act;]
(6) “committee 9[ or board ]” means 10[ a committee or board ] appointed by the 11[ State ] Government under section 7 ;
(7) “common drinking house” means a place where the drinking of liquor or consumption of any intoxicating drug is allowed for the profi t or gain of the person owning, occupying, using, keeping or having the care or management or control of such place whether by way of charge for the use of the place or for drinking facilities provided, or otherwise howsoever and includes the premises of a club or any other place which is habitually used for the purpose of drinking liqour or consuming any intoxicating drug by more than one person without a licence granted under this Act ;
(8) “country liquor” includes all liquor produced or manufactured in India;
1. These words were inserted by Bom. 12 of 1959 s. 5 (b) (i).
2. This word was substituted for the word ‘’Provincial” by the Adaptation of Laws Order, 1950.
3. This portion was substituted for the word “specify” by Bom. 12 of 1959 s. 5 (b) (ii).
4. This proviso was omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
5. This Explanation to sub-section (3) was omitted, ibid.
6. This sub-section was added by Bom. 12 of 1959, s. 5(c).
7. Clause (3) was deleted by Bom. 22 of 1960, s. 2(a).
8. These clauses were substituted by Bom. 12 of 1959, s. 6(a).
9. These words were inserted by Bom. 22 of 1960, s. 2(b).
10. These words were substituted for the words “any of the committees”, ibid.
11. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
*Sub-section (4) of section 1 shall stand unmodifi ed vide the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
Bom.
XII of 1959.
Bom.
XII of
1959.
Defi nitions.
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 3 1[(9) “cultivation” means raising a plant from seed and includes the tending or protecting of a plant during its growth; ]
(10) “denatured” means subjected to a process prescribed for the purpose of rendering unfi t for human consumption;
2[(10a) “denatured spirituous preparation” means 3[ any liquid preparation made with and containing denatured spirit ] 4[ or denatured alcohol] and includes lacquers, French polish, and varnish prepared out of such spirit or alcohol ; ] 5[ * * * * ]
(12) “to drink” with its grammatical variations, means to drink liquor or to consume any intoxicating drug;
(13) “excisable article” means —
(a) any alcoholic liquor for human consumption,
(b) an intoxicating drug 6[ or hemp ],
(c) opium, 7[(d) other narcotic drugs and narcotics which the State Government may, by notifi cation in the Offi cial Gazette, declare to be an excisable article; ]
(14) “excise duty” and “countervailing duty” means such excise duty or countervailing duty, as the case may be, as is mentioned in 8[ entry 51 in List II in the Seventh Schedule to the Constitution; ]
(15) “excise revenue” means revenue derived or derivable from any duty, fee, tax, fi ne (other than a fi ne imposed by a court of law) or confi scation or forfeiture imposed or ordered under the provisions of this Act, or of any other law for the time being inforce relating to intoxicants;
(16) “export” (except in section 147) means to take out of the 9[State] otherwise than across a customs frontier 10 * * *
(17) “Foreign liquor” 11[means all liquor “ or produced or manufactured outside India ] :
Provided that the 12[State] Government may, by notifi cation in the Offi cial Gazette, declare that any specifi ed description of country liquor shall, for the purposes of this Act, be deemed to be foreign liquor ;
(18) “hemp” means any variety of the Indian hemp plant from which intoxicating drugs can be produced;
(19) “hotel licence” means a licence granted under section 35 :
13[(19a) “household” means a group of persons residing and messing jointly as members of one domestic unit, but does not include their servants];
(20) “import” ( except in section 147) means to bring into the 9[State] otherwise than across a custom frontier 10* * * * *;
1. This clause was substituted by Bom. 22 of 1960, s. 2(c).
2. Clause (10a) was inserted by Bom. 36 of 1954, s. 2.
3. These words were substituted for the words “any preparation made with denatured spirit” by Guj. 16 of 1964, s. 2.
4. These words were substituted for the words “or alcohol” by Bom. 22 of 1960, s. 2 (d).
5. Clause (11) was deleted, ibid., s. 2 (e).
6. These words were added, ibid.,s. 2. (f).
7. This clause was substituted for clauses (d) and (e), ibid.
8. This portion was substituted for the portion “Item 40 in List II in the Seventh Schedule to the Government of India Act, 1935” by the Adaptation of Laws Order, 1950.
9. This word was substituted for the words “pre-Reorganisation State of Bombay, excluding the transferred territories” by Bom. 12 of 1959, s. 3.
10. The words “as defi ned by the Dominion Government” were deleted by Bom. 26 of 1952.s. 2(1).
11. These words were substituted for the words “includes all liquor brought into India by sea, air or land” by Bom. 22 of 1960, s.2 (g).
12. This words was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
13. This clause was inserted by Bom. 22 of 1960, S. 2 (h).
4 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(21) “interim permit” means a permit granted under section 47 ;
(22) “intoxicant” means any liquor, intoxicating drug, opium or any other substance which the 1[State] Government may, by notifi cation in the Offi cial Gazette, declare to be an intoxicant ;
(23) “Intoxicating drugs” means —
(a) the leaves, small stalks and fl owering or fruiting tops of the Indian hemp plant (Cannabis Sativa L,) including all forms known as bhang, sidhi or ganja ;
2[(b) Charas, that is, the separated resin, whether crude or purifi ed obtained from cannabis plant];
(c) any mixture, with or without neutral materials of any of the above forms of intoxicating drug, or any drink prepared thereform ;3* 4[(d) any other intoxicating or narcotic drug or substance together with every preparation or admixture of the same which the State Government may by notifi cation in the Offi cial Gazette, declare to be an intoxicating drug for the purposes of the Act, such drug, substance, preparation or admixture not being opium, cocaum leaf or a manufactured drug as defi ned in section 2 of the Dangerous Drug Act, 1930 ; ] 5[(23A) “Laththa” means spurious liquor, which contains methanol or any other poisonous substances, which may cause harmful or injurious effects to the human body or death of a person;]
(24) “liquor” includes—
(a) 6[Spirits], 7[denatured spirits] wine, beer, toddy and all liquids consisting of or containing alcohol and
(b) any other intoxicating substance which the 1[State] Government may, by notifi cation in the Offi cial Gazette, declare to be liquor for the purposes of this Act ;
(25) “manufacture” includes—
(a) every process whether natural or artifi cial by which any liquor or intoxicating drug is produced, prepared or blended and also redistilation and every process for the 8[rectifi cation, fl avouring, or colouring of iliquor or intoxicating drug], but does not include fl avouring, blending or colouring of liquor or intoxicanting drug lawfully possessed for private consumption ; and
(b) every procesing of producing and drawing of toddy from trees ;
(26) “Medical Board” means a board constituted under section 8 ;
(27) “mhowra fl ower” does not include the berry or seed of the mhowra tree ;
(28) “molasses” means the heavy, dark coloured 9[viscous liquid produced] in the fi nal stage of the manufacture of gur or sugar containing, in solution or suspension, sugars which can be fermented, 10[and includes the solid form of such liquid and also any product formed by the addition to such liquid or solid of any ingredient which does not substantially alter the character of such liquid or solid but does not include any article which the 1[State] Government may, by notifi cation in the Offi cial Gazette, declare not to be molasses, for the pruposes of this Act ;
1. This word was substituted for the word “Provincial’ by the Adaptation of Laws Order 1950.
2. This sub-clause was substituted by Guj. 9 of 1978, s. 2 (1).
3. The word “and” was deleted by Bom. 26 of 1952 s. 2(2) (a).
4. Clause (d) was subsituted for the original clause with the proviso, ibid. s. 2(2) (b).
5. Clause (23A) was inserted by Guj. 29 of 2011, s. 2.
6. This word was substituted for the words “spirits of wine” by Bom. 22 of 1960, s.2(l).
7. These words were substituted for the words “methylated spirits” by Bom. 26 of 1952 s. 2(2).
8. These words were substituted for the words “rectifi cation of liquor” by Bom. 22 of 1960, s. 2 (j).
9. These words were substituted for the words “residual syrup drained away”, ibid, s. 2(K)(i).
10. These words were substituted for the words beginning with the words “and includes” and ending with the words “alter the character of such syrup”, ibid. s.2(k) (ii).
II of 1930 1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 5
(29) “Offi cer in charge of a Police Station” includes— 1[ * * * * * ]
(b) 2[**] the offi cer in charge of a police station as defi ned in the Code of Criminal Procedure, 1898 ;
(30) “opium “ means—
(a) the capsules of the poppy (Papaver Somniforum L,) 3[whether in their original form or cut or crushed or powdered and whether or not the juice has been extracted there from ] ;
(b) the spontaneously coagulated juice of such capsules 4[ * * * * * ] ; and
(c) any mixture with or without neutral materials of any of the above forms of opium ;
but does not include any preparations containing not more than 0.2 per cent. of morphine, or a manufactured drug as defi ned in section 2 of the Dangerous Drugs Act, 1930 ;
5[ * * * * * * ]
(32) “permit” means a permit granted under 6[the provisions of this Act] and the expression “permit holder” shall be construed accordingly;
(33) “police station” means 7[ * * * * * * ] any place declared to be a police station for the purposes of the Code of Criminal Procedure, 1898 ;
(34) “prescribed” means prescribed by the rules, orders or regulations under this Act ;
(35) “Prohibition offi cer” includes the 8[Director], Collector or any offi cer or person appointed to exercise any of the powers or to perform any of the duties and functions under the provisions of tlis Act 9[ and also includes any offi cer or person invested with any such powers and on whom any such functions or duties are imposed, and any member of a committee, board or medical board ] ;
10[(36) “State” means the 11[State of Gujarat], including the space within the limits of the territorial waters appertaining to it; ] 12[(37) “rectifi cation” includes every process whereby liquor is purifi ed or refi ned; ] 13[(38) “registered medical practitioner” means a person who is entitled to practise any system of medicine in the State under any law for the time being in force relating to medical practitioners, and includes registered dentists as defi ned in the Dentists Act, 1948 and a veterinary practitioner registered under the Bombay Veterinary Practitioner Act, 1953 or under any law corresponding thereto in any part of the State;]
1. Sub-clause (a) was omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order,
1960.
2. The word “elsewhere” was omitted, ibid.
3. These words were added by Bom. 22 of 1960 s. 2(1).
4. The words “which has not been submitted to any manipulation other than those necessary for packing and transport” were deleted by Guj. 9 of 1978, s. 2(2).
5. Clause (31) was deleted by Bom. 22 of 1960, s. 2 (m).
6. These words were substituted for the words and fi gures’”section 40, 41, 46 or 47” by Bom. 26 of 1952, s. 2 (4).
7. The words and fi gures “in the Greater Bombay a police section as provided under the provisions of the Bombay Police Act, 1951 and elsewhere” were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
8. This word was substituted for the word “Commissioner” by Bom. 28 of 1950, Sch.
9. These words were substituted for the words “and also includes any member of a committee or the Medical Board” by Bom. 22 of 1960, s. 2 (n).
10. This clause was substituted by Bom. 12 of 1959, s. 6 (c).
11. These words were substituted for the words •’ State of Bombay” by the Gujarat Adpatation of Laws (State and Concurrent Subjects) Order, 1960.
12. This clause was substituted by Bom. 22 of 1960, s. 2 (o)
13. This clause was substituted by Bom. 12 of 1959. s. 6 (d).
v of 1898.
II of 1930.
V of 1898.
XVI of
1948.
Bom LXV III of 1953.
H-2065—2 6 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(39) “regulations” means regulations made under this Act ;
1[(39A) “ rotten gur” means the article known as gur, gul, jaggery, palmyra jaggery or rab and other intermediary product prepared by boiling or processing juice pressed out of sugar cane or extracted from palmyra palm, date palm ,sago palm, barb palm or coconut palm with or without admixture of molasse and which is in a liquid form or a semi-liquid or viscous form and which has a dark brown or a black colour or which, inspite of being in a solid liquid, semi-liquid or viscous form, is unfi t for human consumption owing to its becoming fi lthy, putrid, disgusting or decomposed 2 [“and shall include on chemical analysis, if it contains-
(i) total sugar (expressed as invert sugar) less than 90 per cent. and sucrose less than 60 per cent., or
(ii) extraneous matter insoluble in water more than 2 per cent., or
(iii) total ash more than 6 per cent., or
(iv) ash insoluble in by hydrochloric acid (HCL) more than 0.5 per cent., or
(v) more than 10 per cent. of moisture, or
(vi) sulphur dioxide in concentration exceeding 70 parts per million ;]
(40) “rules” means rules made under this Act;
(41) “sell” with its grammatical variations includes—
(a) any transfer whether such transfer is for any consideration or not,
(b) any supply or distribution for mutual accommodation, and
(c) any supply by a club to its members on payment of price or of any fees or subscription, but does not include selling of opium for export across the customs frontier 3[ * * * * ];
The word “buy” with its grammatical variations shall be construed accordingly ;
4[ * * * * * ]
(43) “spirit” means any liquor containing alcohol and obtained by distillation (whether it is denatured or not) ;
(44) “sweet toddy or nira or neera” means unfermented juice drawn from a cocoanut, brab, date or any kind of palm tree into receptacles treated in the prescribed manner so as to prevent fermentation;
5[(45) “territorial waters” with referenee to the State, means any part of the open sea within a distance of twelve nautical miles from the nearest point of the appropriate base line or such other distance as may be fi xed by or under any law made by Parliament ; ]
(46) “toddy” means fermented or unfermented juice drawn from a cocoanut, brab, date or any kind of palm tree and includes sweet toddy or nira or neera;
(47) “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;
1. Clause (39A) was inserted by Gui. 9 of 1978, s. 2 (3).
2. This portion was added at the end by Guj. 27 of 2003, s. 2
3. The words “as defi ned by the Dominion Government” were deleted by Bom. 26 of 1952, s. 2(1).
4. Clause (42) was deleted by Bom. 22 of 1960, s. 2 (p).
5. This clause was substituted by Guj. 9 of 1978, s. 2 (4).
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 7 1[(47A) “tourist” means a person who is not a citizen of India and who is either born or brought up or domiciled in any country outside India, but who visits India on a tour for a temporary period ;
(47B) “tourist’s permit” means a permit granted under section 46-A;]
(48) “trade and import licence” means a licence granted under section 33;
(49) “transport” means to move from one place to another within the 2[ 3[(State)] ];
(50) “vendor’s licence” means a licence granted under section 34;
(51) “visitor’s permit” means a permit granted under section 46;
4[(52) any reference to the Code of Criminal Procedure, 1898, the Bombay Village Panchayats Act, 1933, or the Bombay Police Act, 1951, includes a reference to any law corresponding to those Acts respectively, in force in any part of the State.]
CHAPTER II.
ESTABLISHMENT.
3. The 5[state] Government may, by notifi cation in the Offi cial Gazette, appoint an offi cer to be called the 6[Director of Prohibition and Excise ], who, subject to the control of the 5[State] Government and subject to such general or special orders as the 5[State] Government may from time to time make, shall exercise such powers and shall perform such duties and such functions as are conferred upon, by or under the provisions of this Act and shall superintend the administration and carry out generally the provisions of this Act :
7[ Provided that the person holding the offi ce of Director of Excise and Prohibition immediately before the commencement of the Bombay Prohibition ( Extension and Amendment) Act, 1959, shall be the Director of Prohibition and Excise for the State and shall hold that offi ce until the State Government otherwise directs; and accordingly, any reference by whatever form of words to ‘’the Director of Excise and Prohibition” in any law for the time being in force, or in any instrument or document, shall be construed as a reference to the Director of Prohibition and Excise, and all proceedings pending before the Director of Excise and Pohibition shall be deemed to be transferred to the Director of Prohibition and Excise for disposal according to law, and if in any legal proceeding pending before any court, tribunal or authority, the Director of Excise and Prohibition is a party, the Director of Prohibition and Excise shall be substituted as a party to those proceedings ].