The Gujarat Prohibition Act, 1949.

gujarat · 1949

The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.

S. 1Section 46 — Police Act, 1890
S. 2Section defines key terms used in the Gujarat Prohibition Act, 1949, including "authorization," "to bottle," "Collector," "Director," "committee," "common drinking house," and "country liquor."
S. 3Section 3 empowers the state government to appoint a Director of Prohibition and Excise to oversee and implement the act's provisions.
S. 4The words “or extract any portion of such plant from which intoxicating drug can be manufactured” were deleted by Bom
S. 5This word was substiuted for the words “Pre-reorganisation State of Bombay, excluding the transferred territories” by B
S. 6Section 67-A was renumbered as sub-section (1) by Bom
S. 6ABoard of Expertrs
S. 7Sections 107 A and 107 B were inserted by Bom
S. 8These words were added by Bom
S. 9This clause was substituted ibid
S. 10Section 10 defines key terms used in the Gujarat Prohibition Act, 1949, including "officer in charge of a police station" and "opium."
S. 11The words “in the prescribed manner” were deleted by Bom
S. 12These words were substituted for the words “Two members”
S. 13This clause was inserted by Bom
S. 14Section 14 prohibits the export, import, transport, possession, cultivation, manufacture, sale, and use of intoxicating drugs in Gujarat.
S. 15These clauses were substituted, ibid
S. 16These words were inserted, ibid
S. 17Section 17 prohibits possession, transportation, import/export, sale/purchase, and consumption/use of opium.
S. 18Section 18 prohibits licensed vendors from selling alcohol to minors, either for personal or others' consumption.
S. 19[Prohibition of sale of toddy]
S. 20Section 20 prohibits the production, manufacture, possession, sale, export, import, consumption, and use of charas in Gujarat.
S. 21Section 21 prohibits altering denatured spirits for human consumption and possessing such altered spirits.
S. 21AAlteration of denatured spirituous preparation
S. 22Section 22 prohibits operating common drinking houses and restricts medical prescriptions for intoxicating liquor to registered practitioners.
S. 22AProhibition of issuing prescriptions for intoxicating liquor except by registered medical practisoners
S. 23Section 23 prohibits soliciting, offering intoxicants, and inciting public offenses or rule breaches under the Gujarat Prohibition Act.
S. 24Section 24 prohibits advertisements soliciting intoxicants or encouraging violations of the Gujarat Prohibition Act, with specific exemptions.
S. 24AThis Chapter not to apply to certain articles
S. 25The Gujarat Prohibition Act allows the state government to exempt certain low-alcohol preparations from its regulations.
S. 26The section allows the State Government to establish or discontinue distilleries under specified conditions.
S. 27Section 27 prohibits removal of intoxicants from licensed storage without a pass and duty payment.
S. 28Section 28 authorizes the state government to issue passes for the import, export, or transport of intoxicants or hemp, specifying authorized persons, duration, quantity, and routes.
S. 29Through transport
S. 30[ Licence for possession of denatured or rectiﬁ ed spirit and alcohol for indus- trial or medical purpose
S. 31Licences for bona ﬁ de medicinal or other purposes
S. 32The Gujarat Prohibition Act authorizes the state government to permit officers to grant licenses for tapping palm trees for non-intoxicant production.
S. 33Section 33 authorizes the State Government to issue licenses for wholesale trade and import of foreign liquor.
S. 34Section 34 authorizes the State Government to issue vendor licenses for selling foreign liquor under specific conditions.
S. 35Section 35 authorizes the state government to permit hotel managers to sell liquor to permit holders under specific conditions.
S. 36[Special import licences to hotels
S. 37[Dining car licences
S. 38Section 38 authorizes the state government to permit ships to sell and consume foreign liquor under prescribed conditions.
S. 39Section 39 allows the Gujarat Government to permit the sale and consumption of foreign liquor by armed forces members and crew on warships or troopships.
S. 40Section 40 of The Gujarat Prohibition Act, 1949 authorizes the State Government to issue permits for foreign liquor use to non-minors who are not domiciled in India.
S. 40AHealth permits
S. 40BThe section allows the State Government to authorize officials to issue emergency permits for liquor use in medicinal emergencies.
S. 41Section 41 allows the state government to issue special permits for foreign liquor consumption to certain foreign dignitaries and their dependents.
S. 42[ Permits to be non-transferable
S. 43Regulation use or consumption of foreign liquor by certain permit holders
S. 44Section 44 authorizes the Gujarat Government to issue licenses to approved clubs to sell liquor to permit holders, with conditions like no public access during sales.
S. 45Section 45 authorizes the State Government to permit liquor use for religious ceremonies upon community recommendation.
S. 46Visitor’s permit
S. 46ATourist’s permit
S. 47The Gujarat Prohibition Act allows the State Government to issue temporary permits for up to two months.
S. 48The section authorizes the State Government to permit officials to grant permits for the consumption or use of intoxicating drugs or opium.
S. 48APermits to be non-transferable
S. 49[ Power to make rules or pass orders for possesion, etc
S. 50[Warehousing of opium
S. 51[Rules for sale, etc
S. 52Section 52 allows the State Government to issue licenses for various activities related to intoxicants and toddy in exceptions to the Act's provisions.
S. 53Section 53 of the Gujarat Prohibition Act, 1949, outlines conditions and fees for licenses, permits, passes, or authorizations related to intoxicating substances.
S. 53ACertain licences required to keep measures, etc
S. 54Section 54 allows the cancellation or suspension of licenses if fees are unpaid or the purpose for which they were granted no longer exists.
S. 55Section 55 prohibits holders from receiving compensation or refunds for cancelled or suspended licenses under section 54.
S. 56Section 56 allows the authority to cancel a license, permit, pass, or authorization without specified reasons after fifteen days' notice or immediately with written reasons.
S. 57Section 57 allows the authority to manage a cancelled license and recover unpaid dues from profits, with no share for the licensee if profits are insufficient.
S. 58Section 58 prevents licenses under the Gujarat Prohibition Act from being sold or transferred, while 58A allows the State Government to supervise and regulate intoxicant activities.
S. 58ASupervision over manufacture, etc
S. 59Section 59 allows the Director to order disposal of intoxicants, denatured spirits, or hemp stock before the license period ends.
S. 59A32 Gujarat Prohibition Act
S. 59BSection 59B allows the Director to analyze and potentially classify non-compliant articles as intoxicating liquor after notice and hearing.
S. 59CSection 59C regulates possession of denatured spirituous preparations in Gujarat, allowing only limited amounts without a permit.
S. 59DRegulation of manufacture, etc
S. 60Section 60 regulates the export, import, collection, transport, sale, and possession of mhowra flowers under specific licensing conditions.
S. 61Section 61 prohibits molasses export, import, transport, sale, or possession except under specific licenses or permits issued by the State Government.
S. 62Section 62 makes provisions of sections 53 to 59 applicable to licenses under section 61.
S. 63Provision of Act in relation to molasses to be in addition to and not in derogation of Bom
S. 64Section prohibits possession of excess rotten gur without a permit from the State Government.
S. 64ASection prohibits manufacturing, using, or consuming rotten gur without a state government-issued license.
S. 64BSection prohibits manufacturing, using, or possessing ammonium chloride in excess of specified limits without a state-issued license.
S. 64CSection 64C makes sections 53 to 59 applicable to licenses and permits under sections 64, 64A, and 64B.
S. 65Section 65 prohibits and penalizes various activities related to the manufacture, sale, and possession of intoxicants and hemp under the Gujarat Prohibition Act, 1949.
S. 65APunishment for laththa
S. 66Section 66 penalizes consumption, use, possession, or transportation of intoxicants and tapping of toddy trees in Gujarat under the Prohibition Act, with fines and imprisonment for violations.
S. 66APenalty for illegal import, etc
S. 67Section 67 penalizes altering or possessing denatured spirits in Gujarat, with imprisonment and fines, presuming intent for human consumption.
S. 67APenalty for manufacturing articles mentioned in section 24A in contravention of the provisions of 31 section 59A
S. 67BSection penalizes non-compliance with Director's requisitions under the Gujarat Prohibition Act.
S. 67CPenalty for possessing etc
S. 68Section 68 penalizes operating or managing common drinking houses in Gujarat with imprisonment and fines, escalating for repeat offenses.
S. 69Section 69 penalizes violations of Gujarat Prohibition Act by imposing imprisonment and fines for importing, exporting, transporting, selling, or possessing mhowra flowers.
S. 70Section 70 penalizes violations of Gujarat Prohibition Act by imposing imprisonment and fines for illegal molasses trade.
S. 70APenalty for illegal possession, etc
S. 71[ Penalty for selling molasses at price exceeding ﬁ xed price
S. 72Penalty for removal of intoxicants, etc
S. 73Section 73 penalizes the publication of advertisements promoting intoxicants or encouraging violations of the Gujarat Prohibition Act.
S. 74Section 74 prohibits circulation, distribution, or sale of printed materials outside Gujarat that promote intoxicants or incite offenses against the Act.
S. 75Section 75 penalizes violations of Gujarat Prohibition Act, including soliciting intoxicants and inciting offenses, with imprisonment and fines.
S. 75APenalty for contravention of provisions of section 43
S. 76Section 76 penalizes failure to use and maintain required measuring and testing equipment for intoxicants and hemp under the Gujarat Prohibition Act.
S. 77Section 77 penalizes license holders or their employees for failing to produce licenses or violating rules under the Gujarat Prohibition Act.
S. 78Section 78 prohibits the adulteration, mislabeling, and misrepresentation of intoxicants under the Gujarat Prohibition Act.
S. 79Section 79 makes license holders equally responsible for offenses committed by their employees unless they prove precautions were taken.
S. 80Section 80 deems the person who knows or believes in the manufacture, import, etc., of prohibited items as the actual manufacturer or possessor.
S. 81Section 81 penalizes attempts or abetting offenses under the Gujarat Prohibition Act with the same punishment as the principal offense.
S. 82Section 82 penalizes license holders for breaches of terms, with imprisonment or fines, unless due precautions were taken.
S. 83Section 83 penalizes multiple persons for conspiring to commit offenses under the Gujarat Prohibition Act or breach licensing conditions.
S. 84Section penalizes individuals found drunk or drinking in common drinking houses in Gujarat with fines up to 500 rupees.
S. 85Section 85 penalizes public intoxication or disorderly conduct under the influence of alcohol in Gujarat.
S. 86Section 86 penalizes owners or occupiers allowing premises to be used for offenses under the Gujarat Prohibition Act, with imprisonment and fines.
S. 87Section 87 penalizes chemists or druggists for allowing unmedicated liquor or drugs to be consumed on their premises.
S. 88Section penalizes registered medical practitioners for issuing prescriptions for liquor, drugs, or opium in violation of the Gujarat Prohibition Act.
S. 89Section penalizes false and malicious information leading to searches or arrests under the Gujarat Prohibition Act.
S. 90Section 90 penalizes intentional violations of Gujarat Prohibition Act with up to six months imprisonment or a fine of up to 500 rupees.
S. 91Section 91 allows courts to order convicted individuals to execute bonds with or without sureties to avoid future offenses, and may substitute community service or treatment for imprisonment.
S. 92Rendering community service in lien of imprisonment
S. 93Section 93 empowers district or sub-divisional magistrates to require individuals to execute a bond for good behavior for up to three years if they habitually commit offenses under the act.
S. 94Section 94 of The Gujarat Prohibition Act, 1949 mandates guardians to execute bonds for minors and imposes penalties for failure to send liquor samples to the Forensic Science Laboratory.
S. 95Section 95 penalizes officials for abusing their powers under the Gujarat Prohibition Act with imprisonment or fines.
S. 96Punishment for vexations delay
S. 97Section penalizes officials aiding escapes or offenses under the Gujarat Prohibition Act with up to one year imprisonment or fines.
S. 98Section 98 of the Gujarat Prohibition Act, 1949, mandates the confiscation of any related items and materials involved in violations of the Act.
S. 99Section 99 allows courts to order confiscation or fines instead for certain non-intoxicant items in prohibition cases.
S. 100Section 100 allows authorized officials to order confiscation of seized items after an inquiry if an offense is found, with a one-month delay and claimant hearing.
S. 101Section 101 allows officials to sell or destroy perishable items for owner's benefit.
S. 102Section 102 allows the Gujarat government to seize and forfeit publications advertising intoxicants if deemed objectionable.
S. 103Section presumes guilt in prosecutions for possession of items used in making or possessing intoxicants without satisfactory explanation.
S. 103A[ Report of certain registered medical ofﬁ cers as evidence
S. 104Section 104 allows the Gujarat Government to accept fines in lieu of cancelling licenses or releasing seized property for suspected offenders.
S. 104ASection 104A exempts persons convicted under this Act from the application of the Bombay Prohibition of Offenders Act and the Code of Criminal Procedure.
S. 105Section 105 imposes excise or countervailing duties on alcoholic liquors, drugs, hemp, opium, and other specified articles when imported, exported, transported, possessed, manufactured, or sold in Gujarat.
S. 106Section 106 outlines the methods for collecting duties on imported excisable articles under the Gujarat Prohibition Act, 1949.
S. 107Fees
S. 107ADeclaration of stock of articles mentioned in section 24A; maintenance of accounts and submission 46 of retur
S. 107BPower to obtain information and to search and seize excisable articles
S. 108Section 108 penalizes the import, export, transport, possession, sale, or manufacture of intoxicants or hemp without paying required duties, with imprisonment and/or fines.
S. 109Section 109 imposes duties on toddy-producing trees and specifies details for tapping licenses.
S. 110Section 110 imposes duty on toddy producing trees primarily on the licensed tapper, or on the tree owner if unlicensed.
S. 111Section 111 allows tree owners to seek assistance in recovering toddy tax from licensees under relevant laws.
S. 112Section 112 allows the State Government to auction or sell the right to draw toddy from trees.
S. 113[Rules for levy of duty on opium, etc]
S. 114Recovery of duties, etc
S. 115Magistrate’s power to impose enhanced penalties
S. 115AVenue of trial of offence of consumption of intoxicant or hemp
S. 116Section 116 of the Gujarat Prohibition Act allows magistrates to offer pardon to co-accused in exchange for full disclosure of facts related to the offence.
S. 116ATender of pardon to accomplice
S. 116BNo analysis required for known brand of liquor
S. 116CDuty to send sample to laboratory
S. 117Section 117 of the Gujarat Prohibition Act, 1949, allows investigations and searches under the Code of Criminal Procedure, exempting searches where non-local witnesses are used.
S. 117AMaintenance of list of Panchas
S. 118Procedure of Code of Criminal Procedure relating to cognizable offences to apply
S. 119Offences under 2[sections 65, 65A, 67, 67-1A and 68] shall be non-bailable
S. 120Power of entry and inspection
S. 121Section 121 allows Prohibition and Police Officers to search and seize prohibited substances.
S. 122Power to require production of licences
S. 123Section 123 allows Prohibition and Police officers to arrest and seize contraband without a warrant if they suspect an offense under the Gujarat Prohibition Act.
S. 124Section 124 mandates officials to request information on intoxicants and empowers penalties for non-compliance or false reporting.
S. 125Section 125 authorizes designated officials to seize prohibited substances and arrest individuals suspected of violating the Act.
S. 126Section 126 allows certain officials to arrest without a warrant anyone obstructing Prohibition duties or escaping custody under the Act.
S. 127Section 127 allows arrest and detention for failing to provide true identity details to Prohibition officers in Gujarat.
S. 128Section 128 authorizes certain officials to issue warrants for arrests and searches related to violations of Gujarat's Prohibition Act.
S. 128ACertain provisions to apply to denatured spirituous preparations
S. 129(1) The 3[State] Government may empower any Prohibition Ofﬁ cer to investigate offences under this Act
S. 129APower to require persons to submit to medical examination, etc
S. 129BDocuments or reports of registered medical practitioner, etc
S. 130Section 130 mandates that arrested individuals and seized items under the Gujarat Prohibition Act must be sent to the nearest police officer or another authorized officer as directed by the Director.
S. 131Section 131 allows Prohibition Officers to grant bail to arrested individuals for violations under the Gujarat Prohibition Act.
S. 132Section 132 details the procedure for handling seized items under the Gujarat Prohibition Act, 1949.
S. 133Section 133 mandates government and local authority officials to assist police in enforcing the Gujarat Prohibition Act.
S. 134Offences to be reported
S. 135Section 135 mandates owners or occupiers of land or buildings to report unlawful tapping or liquor manufacturing to authorities.
S. 136[ Deleted
S. 137Section 137 allows appeals against certain Prohibition Officer orders to the Collector and against Collector orders to the Director and State Government within specified timeframes.
S. 138Revision
S. 139Section 139 allows the State Government to prohibit licenses or permits for alcohol throughout the state or specific areas.
S. 140Section 140 allows the state government to ban, regulate, or control the use of intoxicants in public places.
S. 141Section 141 empowers the Gujarat Government to employ additional police in areas with high crime rates and fund it through taxes or property rates on local inhabitants.
S. 142The Collector can close places selling intoxicants or hemp in specific situations under the Gujarat Prohibition Act.
S. 143Section 143 empowers the Gujarat state government to make rules regulating various aspects of intoxicant and hemp control.
S. 144(1) The 1[Director] may make regulations, not inconsistent with the provi- sions of this Act, or rules
S. 145Section 145 designates all officers under the Gujarat Prohibition Act as public servants under the Indian Penal Code.
S. 146Section 146 of the Gujarat Prohibition Act, 1949 protects government and enforcement officers from lawsuits for actions taken in good faith under the Act.
S. 146ALimitation of prosecutions or suits against ofﬁ cers
S. 146BSection 146B exempts government-owned intoxicants from Gujarat Prohibition Act's restrictions unless specified in rules.
S. 147Section 147 clarifies that the Gujarat Prohibition Act does not apply to the import or export of intoxicants across customs frontiers.
S. 148Section 148 repeals and amends specified prior laws while preserving existing rights, legal proceedings, and duties.
S. 149Further repeals and savings consequent on commencement of Bom
S. 18601949 : Bom
S. 1872Magistrate’s power to impose enhanced penalties
S. 1878Manner of levying excise duties
S. 1898Certain provisions to apply to denatured spirituous prepartions
S. 1933Bom
S. 1934—
S. 1938—
S. 1940Bom
S. 1948Bom LXV III of 1953
S. 194968 Gujarat Prohibition Act
S. 19511949 : Bom
S. 1956Prohibi- tion against possession of rotten gur in excess of prescribed limits
S. 1958—
S. 1959Deﬁ nitions
S. 1960IV of 1889