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Section 59

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

(1) Notwithstanding the fact that the period during which any licence, permit, pass or authorization is to be in force as not expired, the 3[Director] may direct the holder thereof to dispose of his stock of intoxicant, 4[denature spirituous preparation,] or hemp or mhowra fl owers before such date as may be specifi ed in the order.

5[1A) The Director may also direct the owner of the stock of any intoxicant.

6[denatured spiritious preparation,] hemp or mhowra fl owers who does not hold any licence, permit, pass or authorization for such stock to dispose of the said stock before such date as may be specifi ed in the order, and the owner shall comply with such direction. ]

1. This sub-section was substituted by Bom. 22 of 1960, s. 39 (b).

2. This section was inserted, ibid ., s. 40.

3. This word was substituted for the word “Commissioner” by Bom. 28 of 1950, sch.

4. These words were inserted by Bom. 22 of 1960, s. 41 (a).

5. Sub-section (1A) was inserted by Bom. 26 of 1952, s. 26(1).

6. These words were inserted, ibid ., s. 26 (2) Attachment of licence.

Right, title or interest under licence not liable to be sold or attached in execution Supervision over manu facuture, etc.

3[Director] entitled to require licence holder 6[or owner] to dispose of stocks.

24 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV

(2) Any stock of intoxicant, 1[ denatured spirituous preparation, ] hemp or mhowra fl owers left undisposed of after the date so specifi ed shall, together with receptacles or packages in which it is contained, be liable to forfeiture to 2[the State Government] by the order of the 3[Director.] On the cancellation or the expiry of the period of any licence, permit, pass or authorization, the 3[Director] may also direct that any stock of any intoxicant, 1[denatured spirituous preparation,] hemp or mhowra fl owers remaining with the holder of the licence, permit, pass or authorization together with receptacles of packages thereof be forfeited to 2[the State Government].

(3) If the articles which are forfeited under sub-section (2) are sold, the 3 [Director] may, if he thinks fi t, order the whole or any portion of the sale proceeds of such articles to be paid to the owner thereof.

4[(4) No direction or order under sub-section (1), (l-A), (2) or (3) shall be made unless the person likely to be adversely affected by such direction or order is given reasonable opportunity of being heard, and the reasons for the direction given or order made are recorded in writing by the Director].

5[CHAPTER IV-A.

CONTROL AND REGULATION OF 6[ARTICLES MENTIONED IN SECTION 24A] TO PREVENT THEIR USE AS INTOXICATING LIQUOR.

7[59AA. No article mentioned in section 24A shall be manufactured, imported exported except under a licence which shall, subject to the provisions of any rules made in that behalf, be granted by an offi cer authorised in that behalf by an order in writing by the State Government :

Provided that no such licence shall be necessary for the import or export of such article to the extent of such quantity as may be prescribed.]

Where this provision sits

ActThe Gujarat Prohibition Act, 1949.
Section59
JurisdictionState of Gujarat
StatusIn force as published by the source

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