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Section 61

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

(1) Except as otherwise provided in sub-sections (2) and (3), no person shall,export, import, transport, sale or have in his possession any quantity of molasses.

(2) The 1[ State ] Government may, by general or special order, authorise any Collector 2[ or any other offi cer ] to grant licences for the import, export, sale or possession of molasses.

(3) The 1[ State ] Government may also authorise any Collector or any other offi cer to grant permits for the transport of molasses.

62. The provisions of sections 53 to 59 3[(Both inclusive) ] shall, so far as may be applicable, apply to licences or permits granted under section 61.

4[ 63. The provisions of this Act in relation to molasses shall be in addition to, and not in derogation of, the provisions of the Bombay Molasses (Control) Act, 1956 or of any rule or order made thereunder.]

64. [ Power of State Government to direct holder of stock of molasses to sell them at fi xed price to any offi cer, person or class of persons. ] Deleted by Bom. 26 of 1952, s. 30.

5[ CHAPTER VI—A.

CONTROL AND REGULATION OF ROTTEN GUR AND AMMONIUM CHLORIDE.

64. No person shall have in his possession, except under a permit granted by an offi cer empowered by the State Government in that behalf, any quantity of rotten gur in excess of such quantity as the State Government may, by notifi cation in the Offi cial Gazette, specify.

64A. No person shall manufacture, use or consume rotten gur except under the authority, and in accordance with the terms and conditions of, a licence, permit, pass or authorisation granted for the purpose by an offi cer empowered in that behaif by the state Government.

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

2 These words were inserted by Bom. 26 of 1952, s. 29.

3. These brackets and words were inserted by Bom. 22 of 1960, s. 47.

4. This section was inserted ibid., s. 48.

5. Chapter VI-A which was deleted by Bom. 26 of 1952, s. 30 was inserted by Guj. 9 of 1978, s. 7.

Control of export,etc., of molasses.

Provisions of sections 53 to 59 to apply to licences granted under section

61.

Povision of Act in rel ation to molasses to be in addition to and not in derogation of Bom.

XXXVIII of

1956.

Bom.

XXX VIII of

1956.

Prohibition against possession of rotten gur in excess of prescribed limits.

Regulation of manufacture, etc., of rotten gur.

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

64B. No person shall manufacture, use or have in his possession ammonium chloride, in excess of such quantity as the State Government may, by notifi cation in the Offi cial Gazette, specify, except under a licence, permit, pass or authorisation granted by an offi cer empowered by the State Government in that behalf.

64C. The provisions of sections 53 to 59 ( both inclusive ) shall, so far as may be applicable, apply to licences, permits, passes or authorisations granted under sections 64, 64A and 64B. ]

CHAPTER VII.

OFFENCES AND PENALTIES.

65. Whoever, in contravention of the provisions of this Act, or of any rule, for regulation or order made or of any licence, pass, permit or authorization granted thereunder—

(a) impots or exports any intoxicant 1[ ( other than opium ) ] or hemp,

(b) manufactures any intoxicant 1[ ( other than opium ) ],

(c) constructs or works any distillery or brewery,

(d) bottles liquor,

(e) sells or buys any intoxicant 1[ (other than opium) ] or hemp, or

(f) uses, keeps or has in his possession any materials, still, utensils, implements or apparatus for the purpose of manufacturing any intoxicant 2[(other than opium)], 3[(g) cultivates or collects hemp], 4[shall, on conviction, be punished for each such offence with imprisonment for a term which may extend to three years and also with fi ne :

5[ * * * * *]

(i) for a fi rst offence, such imprisonment shall not be less than six months, and fi ne shall not be less than fi ve hundred rupees ;

(ii) for a second offence, such imprisonment shall not be less than nine months, and fi ne shall not be less than one thousand rupees ;

(iii) for a third or subsequent offences, such imprisonment shall not be less than one year, and fi ne shall not be less than one thousand rupees.]

Where this provision sits

ActThe Gujarat Prohibition Act, 1949.
Section61
JurisdictionState of Gujarat
StatusIn force as published by the source

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