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Section 141

The Gujarat Prohibition Act, 1949.State Act of Gujarat · Act 25 of 1949

(1) If the 3[State] Government is satisfi ed that the inhabitants of any area concerned in the commition or abetment of any of the offences punishable under sections 5[65, 66, 66A, 67, 67-1A, 67 C, 68. 69 and 70] the 3[State] Government may, by notifi cation in the Offi cial Gazette, direct the employment of additional police 6[in that area] for such period as it thinks fi t.

(2) The cost of such additional police shall, if the 1[State] Government so directs, be either in whole or in part defrayed by a tax imposed on the persons herein below mentioned, or by a rate assessed on the property of such persons, or both by a tax and by a rate so imposed and assessed, and charged—

(a) either generally on all persons who are inhabitants of the local area to which such notifi cation applies ; or

(b) specially on any particular section or sections or class or classes of such persons, and the 3[State] Government may direct the proportions in which such tax or rate shall be charged.

Explanation. — For the purposes of this section “inhabitants” shall include persons who themselves or by their agents or servants occupy or hold land or other immovable property within such area, and landlords who themselves or by their agents or servants collect rents or revenue direct from rayats or occupiers in such area, notwithstanding that they do not actually reside there in.

(3) It shall be lawful for the 1[State] Government to extend, for a term not exceeding in any case fi ve years, the period for the payment of such tax or rate beyond the period for which such additional police are actually employed.

7[(4) The provisions of sub-sections (4) to (7) of section 50 of the Bombay Police Act, 1951, shall apply mutatis mutandis to the recovery of such tax or rate. ]

1. These words were inserted by Bom. 22 of 1960, s. 91 (1) (g).

2. These words were substituted for the words “to whom licences may not be granted ibid., s. 91 (1) (h).

3. This word was substituted for the word “Provincial” by the Adaption of Laws Order, 1950.

4. This sub-section was added by Bom. 22 of 1960 s. 91 (2).

5. These fi gures, letters and word were substituted for the fi gures and word “65 to 69”, ibid., s. 92 (a).

6. These words were inserted ibid., s. 92 (b).

7. This sub-section was substituted for sub-sections (4) and (5) by Bom. 64 of 1954, s.3.

Power of 3[State] Government to prohibit, regulate, or control consumption or use or intoxicants, etc., in public place.

Employment of additional Police.

Bom.

XXII of

1951.

1949 : Bom. XXV ] Gujarat Prohibition Act., 1949 59 1[142.(/) If the Collector is of opinion that it is in the interest of public peace to close any place in which any intoxicant or hemp is sold, it shall be lawful for the Collector by an order in writing to the person holding a licence for the sale of such intoxicant or hemp to require him to close such place at such time or for such period as may be specifi ed in the order.

(2) If a riot or unlawful assembly is imminent, or takes place, it shall be lawful for any Executive Magistrate or Police Offi cer who is present to direct that such place shall be closed and kept closed for such period as he thinks fi t, and in the absence of any Executive Magistrate or Police Offi cei the person referred to in sub-section (1) shall himself close such place.

(3) Any order given under this section shall be fi nal. ]

Where this provision sits

ActThe Gujarat Prohibition Act, 1949.
Section141
JurisdictionState of Gujarat
StatusIn force as published by the source

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