(1) No person shall print or publish in any newspaper, news-sheet, book, leafl et, booklet or any other single or periodical publication or otherwise display or distribute any advertisement or other matter, —
(a) which 5[*] solicits the use of or offers any intoxicant or hemp;
(b) which is calculated to encourage or incite any individual or class of individuals or the public generally to commit an offence under this Act, or to commit a breach of or to evade the provisions of any rule, regulation or order made thereunder or the conditions of any licence, permit, pass or authorization granted thereunder.
(2) Save as otherwise provided in sub-section (3), nothing in this section shall apply to —
(a) catalogues or price lists which may be generally or specially approved by the 6[Director] in this behalf;
(b) any advertisement or other matter contained in any newspaper, newssheet, book, leafl et, booklet or other publication printed and published outside the 7[State] ;
(c) any advertisement or other matter contained in any newspaper printed, and published in the 7[State] before such date as the 8[State] Government may, by notifi cation in the Offi cial Gazette, specify; and
(d) any other advertisement or matter which the 8[State] Government may, by notifi cation in the Offi cial Gazette, generally or specially exempt from the operation of this section.
(3) Notwithstanding anything contained in sub-section (2), the 8[State] Government may, by notifi cation in the Offi cial Gazette, prohibit within the 7[State] the circulation, distribution or sale of any newspaper, news-sheet, book, leafl et, booklet or other publication printed and published outside the 7[State] which contains any advertisement or mattes,—
(a) which 5[*] solicits the use of or offers any intoxicant or hemp ; or
(b) which is calculated to encourage or incite any individual or class of individuals or the public generally to commit any off ence under this Act to commit a breach of or to evade the provisions of any rule, regulation or order made thereunder, or the conditions of any licence, permit, pass or authorization granted thereunder.
1. The word “commends” was deleted by Bom. 26 of 1952, s. 5 (1) (a).
2. This word was inserted, ibid., s. 5 (1) (b).
3. Clause (b) was deleted, ibid., s. 5 (2).
4. This marginal note was substituted for the original, ibid., s, 5 (3).
5. The word “commends” was deleted, ibid., s. 6.
6. This word was substituted for the word “Commissioner” by Bom. 28 of 1950, sch.
7. This word was substituted for the words “pre Reorganisation State of Bombay, excluding the transferred territories,” by Bom. 12 of 1959, s. 3.
8. This word was substituted for the word “ Provincial” by the Adaptation of Laws Order, 1950.
4[Prohibition of soliciting use of intoxicant or hemp or doing any act calculated to incite or encourage member of public to commit offence.]
Prohibition of publication of advertisements relating to intoxicant, etc.
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 13 1[24-1A. No person, shall for the purpose of producing a state of intoxication, consume any medicinal preparation containing alcohol in any quantity exceeding the normal dose.
Explanation.—Th e expression “normal dose” in relation to any medicinal preparation, means the quantity prescribed by a registered medical practitioner to be taken at a time and in a case where no such prescription has been obtained, the quantity indicated to be taken at a time in the directions given by the manufacturer of the medicinal preparation.
24-1B. No person who has consumed any intoxicant (other than opium) or hemp in any place outside the State shall enter any territory of the State while he is in an intoxicated condition or under the infl uence of such intoxicant or hemp.]
2[24A. Nothing in this Chapter shall be deemed to apply to —
(1) any toilet preparation containing alcohol which is unfi t for use as in toxicating liquor;
(2) any medicinal preparation containing alcohol which is unfi t for use as intoxicating liquor;
3[(3) any antiseptic preparation or solution containing alcohol which is unfi t for use as intoxicating liquor;
(4) any fl avouring extract, essence or syrup containing alcohol which is unfi t for use as intoxicating liquor]:
Provided that 4[such article] corresponds with the description and limitations mentioned in section 59A:
Provided further that the purchase, possession or use of any liquor or alcohol for the manufacture of auy 4[ such article] shall not be made or had except under a licence granted under section 31A.]
6[Explanation.—Nothing in this section shall be construed to mean that any person may drink any toilet preparation, or antiseptic preparation, or solution, containing alcohol;
and it is hereby provided that no person shall drink any such preparation.]
CHAPTER IV.
CONTROL, REGULATION AND EXEMPTIONS.
25. Th e 7[State] Government may, by notifi cation in the Offi cial Gazette, direct that any preparation containing alcohol not exceeding a specifi ed percentage by volume shall be exempt from any of the provisions of this Act or rules, regulations or orders made thereunder.
26. The 8[ State Government] may-
(a) establish a distillery in which spirit may be manufactured in accordance with a licence issued under this Act on such conditions as the 7[ State] Government deems fi t to impose;
(b) discontinue any distillery established :
1. Sections 24-IA and 24-1 B were inserted by Guj. 9 of 1978, s. 3.
2. Section 24A was inserted by Bom. 26 of 1952, s. 7.
3. Clauses (3) and (4) were inserted, by Bom. 36 of 1954, s. 5 (i).
4. Th ese words were substituted for the words “such preparation”, ibid, s. 5 (ii).
5. Th ese words were substituted for the words “certain toilet and medisnal preparatiorns, ibid., s. 5 (iii).
6. Th is Explanation was added by Bom. 22 of 1960, s. 12.
7. Th is word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
8. These words were substituted for the word “Director” by Bom. 22 of 1960, s. 13(2).
Prohibition of consumption of medicinal preparation containing alcohol in excess of normal dose.
Prohibition of entry in State in intoxicated condition.
Th is chapter not to apply to 5[certain articles.]
Exemption of prepartions.
Distilleries and warehouses for intoxicants.
H-2065—4 14 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(c) license, on such conditions as the 1[ State] Government deems fi t to impose the construction and working of a distillery or brewery;
(d) establish or licence a warehouse wherin any 2[intoxicant], hemp, mhowra fl owers or molasses may be deposited and kept without payment of duty; and
(e) discontinue any warehouse so established.
27. No 2[ intoxicant], hemp, mhowra fl owers or molasses shall be removed from any distillery, warehouse or other place of storage established or licensed under this Act, except under a pass and unless the duty, if any, imposed under the provisions of this Act, has been paid or a bond has been executed for the payment thereof.