(1) The enactments specifi ed in Schedule I are hereby repealed to the extent specifi ed in the fourth column thereof and those specifi ed in Schedule II are hereby amended to the extent specifi ed in the fourth column thereof.
(2) But nothing in this Act, or any repeal or amendment made thereby shall affect or be deemed to affect —
(i) any right, title, obligation or liability already acquired, accrued or incurred before the commencement of this Act ;
(ii) any legal proceeding or remedy in respect of any right, title, interest, obligation or liability or anything done or suffered before the commencement of this Act and any such proceeding shall be continued and disposed of, as if this Act was not passed ;
(iii) the levy of any duties under section 29A of the Bombay Abkari Act, 1878, and the recovery of any duties or fees leviable under any other provisions of the Acts hereby repealed, and all such duties or fees shall be levied or recovered, as the case may be, as if this Act was not passed.
(3) Any appointment, notifi cation, notice, order, rule or form made or issued under any of the enactments repealed by this Act shall continue to be in force and deemed to have been made, granted or issued under the provisions of this. Act, in so far as such appointment, notifi cation, notice, order, rule or form is not inconsistent with the provisions of this Act,
1. These words were substituted for the words “mhowra fl owers or molasses” by Guj. 9 of 1978, s.18.
2. The words “as defi ned by the Dominion Government” were deleted by Bom. 26 of 1952, s. 53.
V of
1898.
provisions of Act not to apply to Government.
Provisions of the Act not to apply to import or export across customs frontier.
Repeal and amendments Bom. V of 1878.
1949 : Bom. XXV ] Gujarat Prohibition Act., 1949 65 H-2065—17 unless and until it is superseded by any appointment, notifi cation, notice, order, rule or form made or issued undar this Act, notwithstanding the fact that the authority competent to make or issue such notifi cation, notice, order, rule or form is different from that authorized in the enactments repealed and notwithstanding also that such notifi cation, notice, order, rule or form was made or issued in a different form or name.
(4) Any licence, permit, pass, authorization or permission granted or issued under any of the enactments repealed by this Act shall continue to be in force and shall be deemed to have been granted or issued under the corresponding provisions of this Act.
l[ 149. 2[ * ] On the commencement of this Act in any area of the State to which it is extended by the Bombay Prohibition ( Extension and Amendment) Act, 1959, the Acts mentioned in Schedule III and in force in that area, shall, to the extent specifi ed in the fourth column thereof, stand repealed :
Provided that such repeal shall not affect—
(a) the previous operation of any Acts so repealed or anything duly done or suffered thereunder, or
(b) any right, privilege, obligation or liability acquired, accured or under any Acts so repealed, or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any Acts so repealed,
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, And such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if those Acts had not been repealed :
Provided further that,
(a) any licence, permit, pass, authorisation or permission granted or issued under any of the Acts so repealed shall continue to be in force and shall be deemed to have been granted or issued under the corresponding provisions of this Act ; and
(b) notwithstanding the repeal of any of the Acts aforesaid, for all purposes in connection with the liability for, and the levy assessment and collection or refund of, any tax, duty or fee (including any penalty) leviable,—
(i) under the provisions of section 27A of the Central Provinces and Berar Excise Act, 1915, or
(ii) under section 112A of the Bombay Prohibition Act, 1949 as in force in the Saurashtra area, or
(iii) before the commencement of this Act in any area under any provisions of any of the Acts repealed by this section, the relevant Acts repealed (including all rules, regulations, notifi cations and orders made or issued thereunder ) shall nevertheless continue in force for all such purposes ; and all such taxes, duties and fees shall be levied, assessed collected refunded and penalty imposed and paid, as the case may be, as if those relevant Acts had not been repealed. ]
1. This section was inserted by Bom. 12 of 1959, s. 18.
2. The brackets and fi gure “(1)” were deleted by Bom. 22 of 1960, s. 97.
Further repeals and savings consequent on commencement of Bom. XXV of 1949 in other areas of State.
Bom.
XII of 1959 C. P. and Berar II of 1915.
Bom.
XXV of
1949.
66 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV 1 * * *
SCHEDULE I ( See section 148. ) Year No. Short title Extent of repeal 1 2 3 4 2[* * * * *] 1878 V The Bombay Abkari Act, 1878. All the provisions except section 29-A 1947 XXX The Bombay Molasses Act, 1947. The whole.
SCHEDULE II ( See section 148. ) Year No. Short title Extent of Amendments 1 2 3 4 1890 IV The Bombay District 1. Section 46 — Police Act, 1890. (a) in sub-section (4), for clauses (ii) and (iii), the following clause shall be substituted, namely :— “ (ii) section 65 or 68 of the Bombay Prohibition Act, 1949”;
(b) in sub-section (6) for the words and fi gures “under the Bombay Abkari Act, 1878, or the Opium Act, 1878” the words and fi gures “ under the Bombay Prohibition Act, 1949” shall be substituted.
2. Section 61 AA shall be deleted.
1. Schedule I-A which was inserted by Bom. 12 of 1959 s. 19(1) was omitted by the Gujarat Adaptation of Laws ( State and Concurrmt Subjects) Order, 1960.
2. This item was deleted by Bom. 12 of 1959, s. 19 (2).
Bom.
XXV of 1949.
Bom.
XXV of 1949.
1949 : Bom. XXV ] Gujarat Prohibition Act., 1949 67
SCHEDULE II—(contd.)
Year No. Short title Extent of Amendments 1 2 3 4 1902 IV The City of Bombay 1. In section 27— Police Act, 1902.
(a) in sub-section (2), for the words and fi gures “under the Bombay Abkari Act, 1878, or the Opium Act, 1878” the words and fi gures “ under the Bombay Prohibition Act, 1949” shall be substituted ;
(b) in sub-section (2-A), for clauses
(ii) and (iii), the following clause shall be substituted, namely :— “ (ii) section 65 or 68 of the Bombay Prohibition Act, 1949”.
2. Section 122A shall be deleted.
1[1951 XXII The Bombay Police In section 57,— Act, 1951.
(a) in clause (b), in sub-clause (ii), the portion beginning with the words and fi gures “or under section 65 or 68 of that Act” and ending with the fi gures “1938” shall be deleted.,
(b) in clause (c), for the words “aforesaid Prohibition Acts”, the words and fi gures “ Bombay Prohibition Act, 1949” shall be substituted. ]
1. This entry was added by Bom. 22 of 1960, s. 98.
Bom, XXV of
1949.
Bom, XXV of
1949.
Bom, XXV of
1949.
68 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV 1[SCHEDULE III ( See section 149 ) Year No. Short title Extent of repeal 1 2 3 4 1878 … I The Opium Act, 1878 in its application The whole.
to the State of Bombay.
1915 … II The Central Provinces and Berar Excise All the provisions Act, 1915. except section 27 A.
1938 … VII The Central Provinces and Berar The whole.
Prohibition Act, 1938.
1316F … I The Abkari Act. The whole.
1338F … IV The Hyderabad Intoxicating Drugs Act. The whole.
1949 … XXV The Bombay Prohibition Act, 1949, as All the provisions in force in the Saurashtra area of the State except section 112A.
of Bombay.
1949 … XXV The Bombay Prohibition Act, 1949, as The whole.]
in force in the Kutch area of the State of Bombay.
1. Schedule III was added by Bom. 12 of 1959, s. 19 (3) ----------------- GOVERNMENT PRESS, VADODARA.
PRINTD AT THE GOVERNMENT PRESS, VADODARA.
01 Tital -Index-(1-8) 02 Chp-1 (1-36) 03 Chp-2 (37-68)