(1) The 3[State] Government may delegate any of the power exercisable by it under this Act to the 9[Director] or such other offi cers as it deems fi t.
(2) Subject to the control and direction of the 3[State] Government the powers conferred on the 10[Director] or any other offi cer appointed or invested with powers under this Act may be delegated by him to any of his subordinates.
1. Sub-section (6) was substituted by Bom. 22 of 1960, s. 4 (d).
2. Sub-section (7) was added ibid. s. 4 (e).
3. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4. These words were substituted for the word “committees” by Bom. 22 of 1960, s. 5 (a).
5. These words were substituted for the words “as are provided by or under the provisions of this Act”, ibid., s. 5 (b).
6. These words were inserted, ibid s. 6 (a).
7. These words were inserted, ibid., s. 6 (b).
8. These words were substituted for the words “as are provided by or under this Act,” ibid
9. These words were inserted, ibid., s. 6 (c).
10. This word was substituted for the word “Commissioner” by Bom. 28 of 1950, Sch.
4[Other Boards and Committees] Medical boards Control of 9[Directors] over Prohibition Offi cers and other Offi cers Delegation.
H-2065—3 10 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
CHAPTER III.
PROHIBITIONS.
11. Notwithstanding anything contained in the following provisions of this Chapter, it shall be lawful to import, export, transport, manufacture, 1[bottle,] sell, buy, possess, use or consume any intoxicant or hemp 2[or to cultivate or collect hemp] or to tap any toddy producing tree or permit such tree to be tapped or to draw toddy from such tree or permit toddy to be drawn herefrom, in the manner and to the extent provided by the provisions of the Act 3[or] any rule , regulations or orders made or in accordance with the terms and conditions of a licence, permit, pass or authorization granted thereunder,
12. No person shall-
(a) manufacture liquor ;
(b) construct or work any distillery or brewery;
(c) import, export, transport or possess liquor; or
(d) sell or buy liquor.
13. No person shall—
(a) bottle any liquor for sale ;
(b) consume or use liquor ; or
(c) use, keep or have in his possession any materials, still, utensils, implements or apparatus whatsoever for the manufacture of any liquor.
14. No person shall—
(a) export, import, transport or possess any intoxicating drug;
(b) cultivate or collect the hemp 4 * * * *,
(c) use, keep, or have in his possession any materials, still, utensils, implements or apparatus whatsoever for the manufacture of any intoxicating drug ;
(d) sell or buy any intoxicating drug ;
(e) consume or use any intoxicating drug ; or
(f) manufacture any intoxicating drug.
15. No person shall—
(a) import, export, transport or possess sweet toddy or nira ;
(b) bottle sweet toddy or nira for sale ; or
(c) sell or buy sweet toddy or nira.
16. No person shall—
(a) tap any toddy producing tree or permit to be tapped any toddy producing tree belonging to him or in his possession ; or
(b) draw toddy from any tree or permit toddy to be drawn from any tree belonging to him or in his possession.
17. No person shall—
(a) possess opium ;
(b) transport opium ;
(c) import or export opium,
(d) Sell or buy opium ; or
(e) consume or use opium.
1. This word was inserted by Born. 22 of 1960, s. 7.
2. These words were inserted by Bom. 26 of 1952, s. 4 (1).
3. This word was inserted, ibid. s,. 4(2).
4. The words “or extract any portion of such plant from which intoxicating drug can be manufactured” were deleted by Bom. 22 of 1960, s. 8.
Manufacture, etc. of intoxicant to be permitted in accordance with provisions of Act, rules, etc.
Prohibition of manufacture of liquor and construction and working of distillery or brewery.
Prohibition of sale, etc., of liquor.
Prohibition of export, import, transport, sale, manufacture, etc., of intoxicating drugs.
Prohibition of import, export, transport, sale, etc., of sweet toddy.
Prohibition of tapping of toddy producing trees and drawing of toddy.
Prohibition of possession, etc., of opium 1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 11
18. No licensed vendor and no person in the employ of such licensed vendor or acting with the express or implied permission of such licensed vendor on his behalf shall sell or deliver any intoixcant 1[ to any person who is a minor,] whether for consumption by such person or by other person and whether for consumption on or off the premises of such licensed vendor.
19. [Prohibition of sale of toddy]. Deleted by Bom. 22 of 1960 S.10.
20. No person shall—
(a) produce, (f) transport,
(b) manufacture, (g) buy,
(c) possess, (h) sell,
(d) export, (i) consume, or
(e) import, (j) use, charas.
21. No person shall—
(a) alter or attempt to alter any denatured spirit by dilution with water or by any method whatsoever, with the intention that such spirit may be used for human consumption, whether as a beverage or internally as a medicine in any other way whatsoever, or
(b) have in his possession any denatured spirit in respect of which he knows or has reason to believe that such alteration or attempt has been made.
3[21A. No person shall—
(a) alter or attempt to alter any denatured spirituous preparation by dilution with water or by any method whatsoever, with the intention that such preparation may be used for human consumption as an intoxicating liquor ; or
(b) have in his possession any denatured spirituous preparation in respect of which he knows or has reason to believe that such alteration or attempt has been made.]
22. No person shall—
(a) open or keep or use any place as a common drinking house ; or
(b) have the care, management or control of, or in any manner assist in conducting the business of, any place opened, or kept or used as a common drinking house.