06asasas Pne Kaydaao Niyamo 1

THE
GUJA TP C)~H:1n1··
.:.IJ ION Jt -
ACT, 1949
(ACT NO. XXV OF 1949)
IAs ArtHmded by the. Bombay. Prohibition (Guj an,t Amendment) A.et, 2009. (Guj. No. 29
of20H) datedQ2-12-20U and and GuJ, Aet ~~i,::~ of201-~r~,::e·~"'0:~0-5-1960)
'lrVith
"" Short Notes
LAW.BOOK ~EtJ,;~R,,
PU.BLISHER.S it
SUBSCRIPTION
AGENT
8 ~ f'.l.,0(),J{'1
NAvNlDHl Cf}MPllEX ..
SBD PUBLICATIONS, AII1VIEI;.f\BAD
SA
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publishers and who

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Table of Contents
TABLE OI<' CONTENTS
Page
Nos.
Bombay Prohibition (Gujarat Amendment) Ad, 2009 xv
THE BOMBAY PROHIBirfION AC1', 1949
CHAPTER I
PREIJMINARY
L ShortTitle, Extent and Commencement 2

Definitions
CHAPTER
12:
7/ . 13
14
10.
CHAPTER
PROHHUTIONS
!L Manufacture, etc. of intoxicant to he permitted in accordance with 15

provisions of Act, rules etc.
m
Table of Contents
Nos.
12. Prohibition of manufacture of liquor and construction and working of ·1 JC
distillery or brewery
13. Prohibition of sale, etc. ofliqnor 15
l 4. Prohibition of export, import, transport, sale, manufacture, etc. of 15
intoxicating drugs
1.5. Prohibition of import, export, transport, sale, etc. of sweet toddy 16
16. Prohibition oftapping of toddy-producing trees and drawing of toddy 16
17. Prohibition of possession, etc., of opium !6
1 Prohibition of s.alc to minors
21 t ,''
,(
18
24-. consumption of medicinal preparation

excess of normal dose
Prohibition of entry in State in intoxicated condition
24A. This chapter not to apply to certain articles 20
IV
Table of Contents
Page
Nos.
CHAPTER IV
CONTROL, REGULATION AND EXEMPTIONS
25. Exemption of preparations 21
26. Distilleries and Warehouses for Intoxicants 21
Y7 .
~ Intoxicant or hemp not to be removed from ware-housr. etc. 21
28. Passes for import, etc.
29. Through transport 22
30. Licence for possession of denatured or rectified spirit and alcohol
indnstriaI or m.cdical pmvoses
bonajide
31 of ummr
t(>
car nc,en(;es
38, to
use or consume foreign liquor on **

troopships in 1.rn::sscs and canteen o Carmed fr,rccs
40. Temporary resident's permits 26
40A. Health Permits 27
40B. Emergency Pcnnits 27
41. Special permits to ,foreign sovereigns etc. 28
V
Table of Contents
P:ige
Nos.
42. Permits to be non-transferable 28
43. Regulation of use or r:onsumption of foreign liquor by certain pennit 28
holders
44. Licence to Clubs 29
45. Authorization for sacramental purposes 29
46. Visitor's Permit 30
46A. Tourist's permit 31
47. Interim permits 31
41( Permits for consumption or use ofintoxicating drugs or 31
48.A.
49.
51,
etc. J1t)t nni,H,,d c01noen:sa 11011 or

cancellation or suspension thereof
•
( .;mee ·1·latwn
. ror
" ot I1er reasons
Attachment of Licence
Right, title or interest under licence not liable to be sold or attached in 35
execution
58A. Supervision over manufacture, etc.
VI
Table of Contents
Page
Nos,
59. Director entitled to require licence holder or owner to dispose of 35

stocks
CHAPTER IV-A
CONTROL AND REGULATION OF ARTICLES JVIENTIONED IN
SECTION 24A TO PREVENT THEIR USE AS INTOXICATING
LIQUOR
59AA. Control on manufacture etc. of articles mentioned in section 24A 37
59A. Manufi1cture of articles mentioned in section 24A 37
59B. Analysis of articles mentioned in section 24A
CHAPTER
'"' ,., , ANI> REGULATION OF
TO
AND
6L export, etc. of molasses 40
62. Provisions of Sections 53 to 59 to apply to licences granted under 4'

. l
section 61
63. Provision of Act in relation to molasses to be in addition to and not in 41
derogation ofBom. XXXV!U of 1956
vrr
Table of Contents
Page
Nos.
64. Power of State Govem.ment to direct holder of stock of molasses to 4[
sell them at fixed price to any officer, person or class of persons
Vl-A
CONTROL 1\.{,D REGULATION OF ROTTEN GUR AND
AiVIMONIUlVI CHLORIDE
64. Prohibition against possession of rotten gur in excess of prescribed 41.
limits
64A. · Regnfation of mamrfacture, etc., of rotten gnr 41
6•·,1B
'T • Regulation of rnanufacture, etc., of ammoniurn chloride 4!
64C. Provision of sections to 59 to apply to licences, 4!
gra:ntect undcor sections 64, /\ and 64B
()f
()f
67-1 fix contravention of provision regarding prescriptions

Penalty for manufacturing articles rnentioned in section 46
contravention of the provisions of section 59A
67B. Penalty for foi!ure to satisfy the Director under sub-section (I), or to 48
comply with a requisition under sub-section (2) of Section 59B
VIII
Table of Contents
Page
Nos,
67C. Penalty for possessing, etc., denatured spmtuous preparations m 48

contravention of provisions of section 59C and 59D
68. Penalty for opening etc., of common drinking house 49
69. Penalty for illegal import, etc. of mhowra flowers 49
70. Penalty for illegal import of molasses 50
70A. Penalty for illegal possession, etc. of rotten gur or ammonium 50
chloride
7! . Penalty for selling molasses at price: exceeding fixed price 50
72. Penalty for removal o l' intoxicant etc.
Penalty for printing or publishing advcrtiscrncnt in contravention
()f ci rtain ac-ts
c.{;_nt1-a \<cnJi(7rt
S l. Penalty for attc1npt;:; or abetn1cnt

of licence, pcri.nit, etc. to be an ol'foncc
83. Penalty for conspiracy
<J ;I
0""~. Penalty for being found drnnk in any drinking house
05 .
() Penalty for being drnnk and for disorderly behaviour 56
I v1,
Table of Contents
Page
Nos,
86. Penalty for allowing any premises to be used for purpose of 57
committing an offence under Act
87. Penalty for chemist, druggist or apothecary for allowing his premises 57
to be used for the purpose of consumption of liquor
88. Penalty for issuing false prescriptions 57
89. Penalty for rnaliciously giving false infomrntion
90. Penalty for offences not otherwise provided for
9l. Demand for scct1rity for abstaining from commissioner of (·H-rmn
offences
Community serviec in iieu of irnprisonment 58
for good
1111nors
<Jr
\/CXCltiou_s
10 (J\V11t\rS
Power of Collector etc. to order
Forfoiturc of any publication containing advertisement

soliciting use of intoxicants
l 03, Presumption as to commi.ssion of offences in certain cases
103A .. Report of certain registered medical officers as {Widencc,,,De!eted 64
V
./\.
Table of Contents
Page
No§,
!04. Compounding of offences 64
104A. Bombay Probation of Offenders Act, 1938, and Section 562 of Code 65
of Criminal Procedure, 1898, not to apply to persons convicted of
offence under this Act
CH.APTER vnI
EXCISE DUTIES
105. Excise Dntics 65
W6. TV!a:nner oflevying excise duties 66
l 07. to exen,pt, remit or refund excise duty
l 07.
! f "!
; ·''""'
113. ()11
11 etc.
! I 5. Magistrate's power to impose enhaneed penalties 70
l l SA. Venue of trial of offonee of (;onsumption of intoxicant or hemp S

·P•'
I t
116. Procedure to be followed by lVfagistrntcs 71
.XI
Table of Contents
116A. Tender of pardon to accomplice 71

U 6B. No analysis required for known brand of liquor 71.
l l 6C. Duty to send sample to laboratory 72
1 l 7. Investigations arrest, searches, etc., how to be made 72
117-A. Jv!aintenance of List ofPanchas 72
.i 18. Procedure of Code of CriminaI Procedure relating to cognizable 73
offonccs to apply
119. Certain offences to be non-bailable
120. Power of entry and inspection
etc,
l
l
1 Power to require persons to submit to medical examination, etc.

1
·' Docmnenls or reports of rcgist(:i-cd medical practitioner, as 8{)
Evidence
!JO. A!Testcd persons and things seized to be sent to officer irH::harge of 81
police station
131. Bail by Prohibition Officer 81
"'!
,-~l
Table ol'Contcnts
Page
Nos.
l 32. Articles seized 8f
133. Duty of Officer of the Government and local authorities to assist 82
134. Offonces to be reported 82

l 35. Landlords and others to give information 82
136. Power to tnTest and make orders detaining or restricting movements 82
or actions of persons
CHAI'TERX
APPEALS AND
I 37. Appeals
()f
(}( lS
persons acting under this Act to be public servants

.146. of proceedings
l 46A.. Limitation of prosecutions or suits against officers

146B. Provisions of Act not to apply to Government 95
xm
Table of Contents
Page
Nos.
147. Provisions of this Act not to apply to import or export across customs 95
frontier
148. Repeal and amendments 96
149. Further repeals and savings consequent on commencement of Born. 96
XXV of 1949 in other areas of State
SCHEDULE I 98
SCHEDULE II 98
SCHEDULE III lOO
XIV
The Bombay Prohibition (Gujarat) Amendment Act, 2009
THE BOMBAY PROHIBITION (GUJARAT) AMENDMENT ACT, 2009
GUJARAT ACT NO. 29 OF 2011

(First published, after having received the assent of the Governor m the "Gujarat
Government Gazette", on the 2'"1 December, 20 l l ).
An Act further to amend the Bombay Prohibition Act, 1949.
lt is hereby enacted in the Sixtieth Year of the Republic of India as follows>
L Short title and commencement.-(!) This Act may be called the Bombay Prohibition
(Gujarat Amendment) Act, 2009.
(2) It shall come into force on such date as the State Government may, by notification
the ()fficial Gazette, appoint
se~:tion 2 of , ·,s,Y.·· [n the Bomliay
1949) (hereinafter r,,t,et'f1'r1 to ns "the principal
cra,usc shall be 111sext,,,r1
or bre\very for
(c) or tJuy1s !crt!rtha or
1
keeps, transports or has in his possession lathtlw,

shall, on conviction, punished with imprisonment for a term which may cxt,end
but shall not be less than seven years and also with fine.
(2) When there has been death of any person by the consumption of the said laththa
mentioned in sub-section ( l) above, the person who has manufactured, kept, sold or arranged
to make it drink or distributed laththa, shall, on conviction, be punished with death or
imprisonment for life and shall also be liable to fine.
xv
The Bombay Prohibition (Gujarat) Amendment Act, 2009
(3) Whoever keeps, sells, buys or supplies any material for manufacture of the /aththa and
when there has been death of person by the consumption of the said laththa shall, on
conviction, be punished for a term up to imprisonment for life and shall also with fine.".
5. Insertion of new section 94A in Born. XXV of 1949.- In the principal Act, afrer
section 94, the following section shall be inserted, namely:-
"94A. Punishment for failure in duty by Prohibition Officer or Police Officer.- Any
Prohibition Officer or Police Officer duty bound under section 116C, fails to send the sample
of liquor to Forensic Science Laboratory of the State for its detailed report shall, on conviction,
be punished with imprisonment for a term which may extend to one year and with fine which
may extend to three thousand rupees.".
6, Amendment of section 98 of 1949." In the the principal Act, in section

98, in sulrsection (2), after the words ''onkc of the Court", the words ''but it shall not be
released on bond or surety till the:. final judgement of the Court where the quantity of the seized
liquor is exceeding the quantity as may be prescribed by the mles" shall be added at end.
7. A11:J.er:,d11r:e11t of sec:tion 1 nf XXV 1949." In the the principal

1I
'l
.119? for tl1e ,;vords> and- letter "'~sections
let'ter'·'s,:ctions 65, 6:5A, 67, 67, LA and 68" shall be substituted.
XVJ
Sec. 1 The Gujarat Prohibition Act, 1949
TIIE 1 GUJARAT PROIHBITI()N ACT, 19491
BOMBAY ACT NO.XXVOF19493

[201h rv:!ay, 1949]
Adapted and modified by the Adaptation Laws, Order, 1950.
Amended by Born. 28 of 1950.
" 26 of l 952.
" " 18ofl953.
,, " 67 of l 953.
" " 21 of 1954.
17
" 36 of 1954.
y
Y)
64 of 1954.
" 21\ ')f 1
,.;,V \. I
by 0
to+A
(\'.) .<,,1.C
en n1~11!)•l'
Bombay p,..,,1,lMt,cm An1endnamt) Act, 2009
of ZOU) mticeu 02-12·2011
1 word "Bombay" rnbsti!uted by Ac! No. of 2011 (Sr. No. '.l2)

deemed to have been s.ubstituted on 01-05-.1960.
2 This Act was extended. to those areas of the State of Bombay to which immediately before the
commencement of the Born. 12 of t959, it did not extend (vide Bom. 12 of 1959), s. 2). ·
3 For Statement of Objects and Reasons, See Bombay Govemmrmt Gazette, 1948, Part V, page 655.
2 The Gujarat Prohibition Act, 1949 Sec, l
An Act to ,unC1:id m,d consolidate the iaw relating to the promotion and
enforcement of imd carrying into effect the policy of prohibition and also the
1
Abkarl law in !State} of Bombay,
. WHEREAS it is expedient to amend and consolidate the law relating to the

promotion Md enforcement of and carrying into effect the policy of Prohibition; and
whereas it is also necessmy to amend and consolidate the Abkari law in the '[State] of
Bombay for the said purpose and to provide for certain other purposes hereinafter
appearing; It is hereby enacted as follows.
APTER!
PRELIMINARY
1. Short Title, and Commencement-(!) This Act may be cited as Th,c;
3
[Gujarat] Prohibition Act, I 949.
1((2} It extends to the whole of the 5[State of Gujarat}.
(3) It shall come into force 6[in the area corn.prising the 'TBombay area of
Gujarat]] on such date as the 8 [State} (rovemment may by m
1iv0rds v1ere inse·rtcd by l3onL 12 of 1959 s, 5 (b)(i).

1
7 were substituted for the words "Pre-reorganisation State of tlomtHlY t:.,cucim1

tra1ast,errr1d territories" by the Gujarat Adaptation of Laws (State and Concurrent Sut,icc1ts;
1960,
8 This word was substituted for the word "Province" by the Adaptation of Laws Order, 1950.
9 This portion was substituted for the word "specify" by Bom. 12 of 1959, s. 5(b)(ii),
lO This proviso was omitted by the Gujarat Aclrpiation of Laws (State and ConcuJTent Subjects) Order,
1960,
11 This Explanation to sub-section (3) was omitted, by the Gujarat Adaptation of Laws (State and
CQl)CmTent Subjects) Order, l %0.
Sec. 2 The Gujarat Prohibition Act, 1949 3
1
'[(4) On the eommenecmcnt of this Act in the manner provided in sub-section (3)
in any area to which this Act is extended by the Bombay Prohibition (Extension and
Amendment) Aet, 1959 (Bom XII of 1959) all rules, regulations, orders and
notifications made or issued or deemed to be made or issued under this Actan.l in
force in the 3 [Bombay area of the State of Gujarat] excluding the transferred territories
immediately before such commencement, shall also extend to, and be in force in, that
area.}
2. Dcfinitlons.-In this Act, unless there is anythir:g repugnant in the subject or
context,-
()) "authorisation" means an authorization granted under section 45 for the use of
liquor for sacramental purposes;
(2) bottle" with its various grammatical variations, means to transfer any
article from. a cask or other vessel to a bottle, jar, flask pot or similar receptacle the
purpose of sale, whether any process of JIJanyfocturc be employed or no
includes re-bottling;
Su!>-sectlon(4) I shall st;:fnd urunodifled \,1idc Ch\jarat 1\daptation of

C:m1curre11tSubject) , 1960.
2 sulHccti.on was added by Bom. 12 of 1959, s.5(c).
3. These words were substituted for the words "Pre-reorganisation State of Bombay excluding the·
transforrcd territories" by the Grtjarat Adaptation oi' Laws (State and Concurrent Subjects)
i960.
4 Clause (3) was ddeted by Bom. 22 of 1960, s.2(a).
5 These dauses were substituted foe the original by Bo:n. 12 of 1959, s.G(a).
G These words were inserted by Bom. 22 of 1960, s.2(b ).
7 These words were substituted for the words, "any of the committees", by Born. 22 oft 960.
8 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, l 950.
4 The Gujarat Prohibition Act, 1949 Sec. 2
owning, occupying, using, keeping or having the care of management or control of

such place whether by way of charge for the use of the place or for drinking facilities
provided, or otherwise howsoever and includes the premises of a club or any other
place which is habitually Ltsed for the purpose of drinking liquor or consuming any
intoxicadng drng by more than mie person without a licence granted under this Act;
(8) "country liquor" includes all liquor produced or manufactured in India;
1
[(9) "cultivation" means raising a plant from seed and includes the tending or
protecting of a plant during its growth;}
(10) "denatured" means subjected to a process prescribed for the purpose of
rendering unfit for human consumption;
'[(10a) "denature,:; spirituous preparation" means '[any liquid preparation 1mH,t\::
with and containing denatured spirit] "[or denatured alcohol} and includes
French Polish, and varnish prepared out of such spirit or alcohol;]
'[***]
"to drink" with its grammatical variations means to
consume any intoxicating drug;
{!
22 of 1960, s, 2(c).
words were subs ti tutcd for the words "any prcpanition mude with dcnaturc;d 16
·, ino ~
0 f ~ 7tY't1 i:L /,,,
4 These words were substituted for the words "or alcohol" by Bom. 22 of 1960, s, 2(d),
5 Clause (l l) was deleted, by Born, 22 of 1960, 2(e).
6 These words were added, by Bo;n. 22 of l 960, ·s. 2(f) ..
7 This clause was substituted foe clauses (d) and (e), ,by Bom. 22 of 1960, s, 2(f).
8 This portion substituted for the portion ''Item ,40 in List ll in the Seventh Schedule to the
Government ofindia Act, 1935" t1y the i\cic:piation of Laws Order, 1950,
Sec.2 The Gujarat Prohibition Act, 1949 5
or ordered under the provisions of this Act, or of any other law for the time being in
force relating to intoxicants;
(16) "export" (except in section 147) means to take out of the 1[StateJ otherwise
than across a customs frontier. 2******
( I 7} "foreign liquor» '[means all liquor produced or manufactutcd outside India:]
Provided that the 4 [State] Government may, by notification in the CJfficial Gazette,
declare, that any specified description of country liquor shall for
the purposes of this
Act, be deemed to be foreign liquor;
(18) "hemp" means any variety of the Indian hemp plant from which intoxicating
un, "~ can be produced;
(19) "hotel licence" means a licence granted under section 36:

i(I9a) "household" means a group of persons residing and messing jointly as
members of one domestic unit, but does not include their servants;
6
···monc,rJ·' (exce11t in section 147) rneansfo bdng into the (:State] l)frll"!'\/,11':t'
or
reorg,1nisation
tre;r,de,m.,r1 te1Titorics' by Bom. 12 of l 959, sJ.
2 W()rds defined by Dominion Government" were deleted by Born. 26 of 1952, s.2(1 ).
3 These words were substituted for the, words "includes all liquor brought into India by se;a, O"
land" by 22 of ! 960, s. 2(g).
4 These words were substituted for the word "Provincial" by the Adaptation of Laws Order, ! 950.
5 This clause was inserted by Born. 22 of I960, s. 2(h).
6 This word was substituted for the word "pre--rcorganisation State of Bombay excluding the
transferred territo1·ies" by Born. 12 of 1959, s.3.
7 Tlie words "as defined by the Dominion Government" were deleted by Bom. 26 of !952, s.2(1).
8 This word wiis substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
9 This clause was inserted by Bom. 22 of 1960, s. 2(h).
6 The Gujarat Prohibition Act, 1949 Sec.2
(c) any mixture, with or wilhout neutral materials of any of the above forms
of intoxicating drug, or any drink prepared therefrom; 1 ****
2
[(d) any other intoxicating or narcotic drug or substance together with every
preparation or ad111ixturc of the same which the State Government may
by notification in the Official Gazette, declare to be an intoxicating drug
for the purpos;;s of the Act, such drug, substance, preparation or
adrnixtme, not being opium, coca leaf or a manufactured drug as
defined in section 2 oftbc Dangerous Drugs Act, 1930 (II ofl920);J
3[(23A) "Laththa" means spurious liquor, which contains methanol or any 0 H,M
poisonous substances, which may cause harmful or iqjurious effects to the hurnan body
or death of a person;]
(24) ''liquor" inc.ludes-
(a) · "[c,pirits], 5 [dcnaturcd spirits], wine, beer, toddy arid all Liquids
consisting of or containing alcohol; and
(h) any other intoxicating substance which the "[State] uc,verrnnent
notification in the 0/Jic al Gazette
this
or
The word "and"was deleted by Born. 26 of 1952, s. 2 (2)(a).

2 Clause (cl) was substituted for the original clause with the proviso, by Bom. 26 of 1952, s. 2 (2)(b ).
3 Inserted by (Gujarat Anwndment) Act, 201)9 (Gu,!, 20H)
02-lZ..ZlHL
4 This word was substituted for tl1c words "spirits of wine" by Bom. 22 of I 960, s.2( ! ).
5 These words were substituted for the words "methylated spi11ts" by Bom. 26 of 1952, s.2(3).
6 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, [950.
7 These words were substituted for the words "rectification of liquor" by Bom. 22 of I 960, s. 2(i).
Sec.2 The GujaratProhibition Act, 1949 7
(28) "molasses" means the heavy, dark coloured 1[ viscous liquid produced] in the
final stage of the manufacture of gur or sugar containing, in solution or suspension,
sugars which can be fermented, '[and includes the solid form of such liquid and also
any product fo1med by the addition to such liquid or solid of any ingredient which
does not substantially alter the character of such liquid or solid;] but does not include
any article which the 3 [StateJ Government niay, by notification in the Official Gazette,
declare not to be molasses, for the purposes of this Act;
(29) "Officer in charge of a Police Station" includes-
·'[***]
5
(b) [***] the officer in charge of a police station as defined in the Code
Criminal Procedure, 1898 (V of t898);
(30) '"opium)) means-·-
(a) the capsules of the poppy (Papavcr Sonrniforurn L), 6 [whcthcr
original fom1 or cut, or crushed or powdered and whether or not
juice has been extracted thel'cfromJ; · ··
spontm:i.eoosly coagulated ju ice of suc;h
or neutral n1,1t, rrnls 1
2 the \vords \vith the 1vords

the character of such syrup-- by t3orn, of t960
J 11
'f!1!s \VOrd \Vas substituted fiJr the \Vord c'Pn)vinci;::.! t-)y the 1\daptation ofl,a\vs Order}
4 Sub-clnuse (a) was omitted by the Gujarat of L.cw,, (S!<>k and Concurrent Subjects)
, 1960.
5 The word "elsewhere" was omitted by the Gujarnt Adaptation ,;f Lmvs (State and Co:ncurre111
Subjects) Order, 1960.
6 These words were added by Bom. 22 of 1960, s, 2 (I).
7 The words "which have not been submitted to any manipulation other than those necessary for
packing and transport" were deleted by Guj. 9 of' 1978, s. 2(2). · ·
8 Clause (31) was deleted by Bom. 22 of !960, s. 2 (rn),
9 These words were substituted focthewords had figures "sections 40,.41, 46 or 47" by Bom. 26 of
1952 s. 2(4).
8 The Gujarat Prnhibition Act, 1949 Sec. 2
(33) "police station" means 1[***} any place declared to be a police station for the
purposes of the Code of Criminal Procedure, 1898 (V of 1898);
(34) "prescribed" means prescribed by the rules, orders or regulations under this
Act·)
(35) "Prohibition officer" i,icludcs the '[Director), Collector or any officer or

person appointed to exercise any of the powers or to perform any of the duties and
functions under the provisions of this Act '[and also includes any officer or person
invested with any such powers and on whom any such functions or duties are imposed,
and any member of a committee, board or medical board;]
4
[(36) 'State' means the 5(State of Gujarat] including the space withlnthe limits of
the territorial. waters appertaining to it;J
6[ (37) "rectification" includes every process whereby liquor is purified or refined;}
7
((38) "registered n1edical practitioner" means a person who is entitled to
any system of medi.ci.nc in under any law for the
to dentists as ""' m,:c,
the Greater Bo1nb,tv a 'PoHce station as

j 95 l and eise1,,vhcre \Vere on1itted by the (Jujarat /\daptati'on
1
JiOl"ilbfty}\)tice )
and Concurrent Subjects) Orckr, 1960.

2 word was substilulcd for the word "Cornmis::ioncr" by Bom. 28 of 1950, Sch.
3 These words were substituted !in the words '\rd also includes any member of a committee or the
M.edical Board" by Born. 2 of l 960, s. 2 (n).
4 This clause was substituted by Born. 12 of 1969, s. 6(c).
5 These words were substituted for the words "State of Bombay" by the Gujarat Adaptation of Laws
(State and ConcurTent Subjects) Order, 1960.
6 This clause was substituted for the original by Bom, 22 of 1960, s. 2(a).
7 This clause was substituted for the original by Bom. 12 of 19.59, s. 6 (d).
8 Clause (39A) was inserted by Guj. 9 of 1978, s :·(3).
consumption owing to its becoming filthy, putrid, disgusting or decomposed 1[and shall
include on chemical analysis, if it contains ---
(i) total sugar (expressed as invert sugar) less than 90 per cent and sucrose
less than 60 per cent, or
(ii) extraneous matter insoluble in water more than 2 per cent, or
(iii) total ash more than 6 per cent, or
(iv) ash insoluble in by hydrochloric acid (HCL), more than 0.5 per cent; or
(v) more than 10 per cent of moisture, or
(vi) sulphur dioxide in concentration exceeding 70 parts per eillion;J
(40) "rules" means rules made under this Act;
(41) "sell" with its gramrnatical variations includcs-
(a) any transfer whether such tnmsfer is for any considcrntion or not,
(b) any supply or distribution for rn11tuat aceomrnocbtion, pnd
(c) any supply by a club to its members on payment of price or of any
or subscription, but docs not include selling of opium for across
or rnra cJ·
(46) means formentcd or unfcrr:1cnted juice drnwn a cocmmt

or any kind of palm tree and inclndes S\Vcet toddy or nirn or nccra
(47) means to prepare any part of a tree, m to use any means, frJr
purpose nf causing juice to exude from the tree;
Inse1ted by Guj. 27 of 2003, dated 17th September 2003 (w.c.f. 29-09,2003).

2 The words "as defined by t,he Dominion Government" were deleted by Bom. 26 of 1952, s. 2(1.).
3 Clause (42) was delc.tecl by Bom, 22 of 1960, s. 2 (p).
4 This clause was Substituted by Guj. 9 of !978, s. 2(4),
1
47A) 'tourist' means a person who is not a citizen of India and who is either
[(
born or brought up or domiciled in any country outside India, but who visits India on a
tour for a temporary pcr;ud;
(47B) 'tourists permit' means a permit granted under section46-A;]
(48) "trade and import licence" means a licence granted under section 33;
(49) "transport" means to move from one place to another within the 'C[(State)]J;
(50) "vendor's licence" means a licence granted under section 34;
(51) "visitor's permit" means a permit granted under section 46;
4
[(52) any reference to the Code of Criminal Procedure, I898 (V of !998) the
Bombay Village Panchayats Act, 1933, (Born, VI of 1933), or the Bombay Act,
1951, (Born. XXH of l95l), includes a reference to any law corresponding to those
Acts, respectively, in force in any part of the State.]
3 v;as for the \Vords --·Prc-·Rcorganisation of 't3on1bay the

tro,wl,,,.,.c, territories'" by F~oni. l2 of 1959, s.
4 '!'his clause was added by Bol\l. i2 of [959, s. 6 ([).
5 These words were substituted for the words '·Director ol' Excise and Prohibition" by Bom. 12 of
I .J: S, '!')
'9'') 1ta ,
6 This word was substituted for the word "Pmvincial" by the Adaptation of Laws Order, 1950.
7 These words were substituted for the words "Director of Excise and Prohibition" by Bom. !2 ol'
1959, s. 7 (a).
8 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
9 This word was substituted for the word '·Provi by the Adaptation of Laws Order, 1950.
lO This proviso was substilutecl by Born. 12 cJ s. 7 (b).
(Extension and Amendment) Act, 1959, shall be the Director of Prohibition and Excise
for the State and shall hold the Office until the State Government otherwise directs;
and accordingly any reference by whatever form of words to "the Director of Excise
and. Prohibition" in any law for the time being in force, or in any instrument or
document, shall be construed as a reference to the Director of Prohibition and Excise,
and all proceedings pending before the Di:·cctor of Excise and Prohibition shall be
deemed to be transferred to the Director of Prohibition and Excise for disposal
according to law, a11d if in any legal proceeding pending bcfixc any court, tribunal or,
authority, the Director of Excise and Prohibition is a party, the Director of Prohibition
and Excise shall be substituted as a party to those proceedings}.
1
4, Co!foetors.-(l) The Collectors shall, within the limits of their jurisdiction [***]
exercise such powers and .perform such duties and functions as are provided by
under the provisions of this Act.
(2) For the purposes of this Act all Co!!ectors *] shnH be suhordinatc to
3
[Director!,
s. g (rt).
the t:ol!ector of T)on1b(ty \vere orn!ttcd
1
' the
Conm.nTcnl Subjects) Order, I960,
3 This word was substituted for the word "Conm:issioncr" by Born. 28 ol' 1950,
4 This word was substituted for the word "l'rovir:cial" by the Adaptation ol'Laws Order, 1950.
5 The words ··of land revenue" ivcrn deleted by Uom. 12 of 1959, s. g (b )(i).
6 These words were substituted for the words '\iii the powers and perform all the duties", by Bom. 12
of 1959, s. 8(b)(ii).
7 This word was substituted for the word "Commissioner" by Bom. 211 of 1950, Sch.
8 This word was substituted for the word "Provincial" by the Adaptation ol'Laws Order, 1950.
9 This word was substituted for the word ·'Provii:cial" by the Adaptation of Laws Order, 1950,
10 These words were inserted by Bom. 22 of 1960, s. 3 (a).
Il This word was substituted for the word "Conrn1issione1·" by Bom. 28 of 1950, Sch.
12 The Gujarat Prohibition Act, 1949 Sce.6
provisions of this Act, the 1[State] Government may appoint such subordinate officers
with such designations, and assign to them such powers, duties and functions under
this Act, rules or regulations or Ol'dcrs made thcrctmcler, as may be deemed necessary.
6. (1) The '[State] Government may invest any officer of the Police department or
any officer of any other clcpartrncnt either personally or in right of his office with such
powers, impose upon him such duties and direct him to pcrfom1 such functions under
this Act, rules or regulations or orders made thereunder, as may be deemed necessary
and any such officers shall, thereupon, exercise the said powers, discharge the' said
duties and perform the said foncti0ns in addition to the powers, duties and functions
incidental to his principal office.
(2) The 3[Statc] Government may also invest any person·'[***] with such powers,
impose on him such duti.cs and direct hirn to perform such functions under
rules or regulations or orders .made thereunder, as may be deemed ne,~essaiy
persons may be given such designations as 5[StateJ Government may
(a)
by the 1\daptation of , 1950

2 word was substituted for word ''Provinci:r by the Adaptation of 01der, 1950.
3 This. word was substilulcd for tli,· word ''Prnvillci:d" by the Adaptation of Laws Order, !950.
4 The words "working in an honora,y capacity or otherwise" were deleted by Born. 22 of l 960, s. }(a).
5 word was substituted for the word '·Provincial" by the Adaptation of Laws Order, 1950.
6 Section 6A was inserted by Bom. 26 of 1952, s. 3.
7 · Sub-section.(1) was substituted for the original by Bom. 36 of l 954, s. 3(i).
8 These words were substituted for the words "for the purpose of dctem1ining" by Born. 22 of 1960, s
4(a).
9 'T'hese words,\ver0 substituted for the \Vord$ "is or i~; not an article unfit for use as intoxi-cating liqu~)r,
the State Government shall constitule a Board of F:qiurts" by Born. 22 of 1960, s 4(a).
10 These words were substituted for t!ic words, "thrc,.; in number" by Bom. 22 of 1960, s. 4(b).
Sec. 7 The Gujarat Prnhibition Act. I949 l3
(3) '[Three members] shall. form a quorum for the disposal of the business of the
Board.
(4) Any vacancy of the member of the board shall be filled in as early as
practicable:
Provided that, during any such vacancy the continuing members may act, as if no
vacancy had occun-ecl.
(5) The procedure regarding the work of the Board shall be sueh as may be
prescribed.
'[(6) [It shall be the duty of the Board to advise the State Government on the
question whether any article mentioned in sub-section (1) is Cit for use as intoxicating
liquor and also on any matters incidental to the question, referred to it by the State
Government. On obtaining such advice, the State Government shall determine whether
any such article is fit for use as intoxicating liquor, and upon determination of the
Government that it is so fit, such article shall, until the contrary is proved, be nn,sumt:o
to be fit for use as intoxicating liquor.]
'[(1) the Government has detcnnincd as aforesaid
,.
:mt1-sc,ctn}11 ( l) to fit for use as intox · l!(JUOrj
l These word::; were substituted for the words "Two members". by Bom. 22 of l 960, s. 4 (c),
2 Sub,scction (6} was substituted for the original, by Born, 22 of l 960, s. 4 (cl).
3 Sub,section (7) was added, by Bom. 22 of 1960, s. 4(e).
4 These words were substituted for the word "committees", by BonL 22 ol' 1960, s. 5(a).
6 Tlwse words were substituted for the word "comfnittccs", by Bom. 22 of 1960, s. 5(a).
7 These words were substituted for the word "committees", by Born. 22 of! 960, s. 5(a).
8 These words were subs.titutcd for the words "as arc provided by or u11clcrthc provisions of this Act"·
by Bom. 22 of 1960., s. S(b).
9 These words were substituted for the word "committees", by Bom. 22 of 1960, s. 5(a).
14 The Gujarat Prohibition Act, 1949 Scc.8
8. Medical Boards.~ l) 'fhe '[State] Government may constitute one or more

medical boards ·1[ or panels thercot] for such areas and consisting of such members as it
may deem fit;
(2) A medical board 5[or a panel thereof! so constituted shall perform such
functions 6[as are prescribed];
(3) The procedure regarding the work of the medical board ·ir or a panel thereof!
shall he as may be prescrih0,d.
(4) The members of the medical board 8 [or a panel thereot] shall he entitled to
such fees and allowances as may be prescribed.
9. Control of 9 !DlrectorsJ over ProhBJition Officers othc.r offiec.rs.·In

exercise of their powers and in discharge of their duties and functions under the
provisions of this Act or rules, regulation:, or orders made thereunder all Prohibition
Officers and an officers including the officers of the Police and other deriarlmc·nts
shall, subject to the gencrnl or special orders of the w[Statc]
bordinate to and tmdcr the control of the 11 [Director] to cd.i ..-.. ,"
"[Director] may, from to mate.
5 s. 6(b) and (e).

6 \vords \Vere sqbs1i111t',d \Vords ,:ire provided by or
1960, s. 6(b) and (e).
7 These words were inserted, by Born. 22 of 1960, s. 6(b) and (e).
8 words were inserted, by Hom. 22 of 1%0, s. 6(b) and (c).
9 word was substituted for the word "Commissioner" by Hom. 28 of 1950, Sch.
· lO This word was substitutedfor the word "Provincial" by the Adaptation of Laws Order, 1950.
l l This word was substituted for the word "Commissioner" by Bom. 28 of 1950, Sch.
12 This word was substitu:cd for the word "Co:nmissioner" by Hom. 28 of 1950, Sch.
13. This word was.substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
14 This word was substituted ior the woi·d "Commissioner" by Bom. 28 of' 1950, Sch.
15 This word was substituted for word "Provincial" by the Adaptlltion of Laws Order, 1950.
Sec. 14 The Gujarat Prohibition Act, I949 15
CHAPTER
PROHIH!TIONS
U. Manufacture, etc. of intoxicant to be permitted in accordance with
provisions. of Act, rules etc. -Notwithstanding m1ything contained in the following
provisions of this Chapter, it shall be lawful to import, export, transport, manufacture
'[bottle], sell, buy, possess, use or consume any intoxicant or hemp 3[ or to cultivate or
collect hemp J or to tap any toddy producing tree or permit such tree to be tapped or to
draw toddy from such tree or 'permit toddy to be drawn therefrom in the manner and to
the extent provided by the provisions of this Act ''[ or] any rules, regulations or orders
made or in accordance with the tem1s and conditions o C a licence, permit, pass or
authorization granted thereunder.
mimnfacture uf Hquer and eonstnidion and working
or hrewery,-No person shall-
(a) manufacture liquor
(b) constm,:t or workanv diz;ri!lcrv Ill' brewcrv:
v' ,/ ¥•' ,
import, exporL transport or

(d) or liquor.
OT
[ect the hemp •·

(c) . or have in his possess1on
implements or apparatus \Vhatsoever for the manufacture
intoxicating drug;
l This word was substituted for the word "Commi,•S:oncr" by Born. '.rn of i 950, Sch.
2 This word was inserted by Born. 22 of l960, s. 7.
3 These words were inserted by Bom. 26 of 1952, s. :[ (I).
4 This word was inserted by Born. 26 of I952, s. 4(2).
5 The words "or extract any portion of such plant from which any· intoxicating drug can be
manufactured" were deleted by Som. 22 of 1960, s. 8
16 'fhe Gujarat Prohibition Aet, 1949 See. 15
(d) sell or buy any intoxicating drug;

(e) consume or use any intoxicating drug; or
(f) manufacture any intoxicating drug.
15, Prollibitiou of import, export, transport,
person shall-
(a) import, export, transport or possess sweet toddy or nira;
(b) bottte sweet toddy or nirn for sale; or
(c) sell or buy sweet toddy or nira.
16. Prohibition of tapping of tnddy-prodndng trees and drawing toddy.-No

person shall,
(a) tap any toddy-producing tree or permit to be tapped any toddy·
producing tree belonging to him or in his possession; or
{b) dnrw toddy from any tree or permit toddy to be
belonging to him or in · possession.
COJlSttiU.C or llSC orntun
:i,,,.""innmn or Chnrns>No person shall

(a) Produce, (f) transport,
(b) manufacture, (g) buvJ '
This word was substituted for the word "chiL.ir,;n", by Born. 22 of l 960, s. 9 (b).
2 These words wcrn substituted for the words ··m any person apparently under the age of twenty ·One
years", by Bom. 22 of !960, s. 9(a).
Sec. 22A The Gujarat Prohibition Act, 1949 17
(e) Possess (il) sell,

(cl) export, (i) consume, or
(e) Import, ()
J use
Charns.
21. .Alteration of denatured splrH.-No person shall-
(a) alter or attcrl1pt to alter any denatured spirit by dilution with water or by
any method whatsoever, with the intention that such spirit may be used
for human consumption, whether as a beverage or internally as a
medicine or in any other way whatsoever; or
(b) !rn:ve in his possession any dc11atured spirit in respect of which he knows
or has reason to believe that such alteration or attempt has been made.
ons prepa1·athm ... No person shall-
(0.) alter or attemptto alter any ckr{iltmcd spirituous prepitrntion by r1n 1rnrm
with water or by rnethoc! whatsoever, with the intention
preparation may be used human 1cH1 as an mtoxica.tm.g
, or
as n cornrnon
{)r as a
or:aet1tu.m,,rn,.-1 l) No person other than a

practitioner, sha.ll any prescription for any intoxicating 1.iquor.
(2) rncdical practitioner shall prescribe such intoxicating liquor,
unless believes in good faith after earcf'ul medical examination of the person
whose use sueh prescription is sought, that the use of such intoxlcating liquor by such
person i.B necessary, and will afford relief to him from some known ailment
Section 21A was inserted by Bom. 36 of 1954, a. 4.

2 Section 22A was inserted by Bom. 22 of' 1960, s. I l.
18 The Gujarat frnhibition Act, t949 Sec,23
(3) A registered medical practitioner shall state, in every prescription for

intoxicating liquor issued by him, the name and address of the person to whom issued,
the date of issue, directions for use, and the amount and frequency of the dose, and
shall preserve a copy of the prescription for one year from the date of issue. On tb.e
copy so preserved he shall state the purpose or ailment for which the intoxicating
liquor is prescribed.]
23. '!Prohibitlon cf soliciting usv of intoxicant er hemp or doing any act
cakufated to incite or encourage ""'"'""-' of public to commit offonceJ.-No person
shall-
(a) '*** solicit the use ot: '[or] offer any intoxicant or hemp; or
"[***]
(c) do any act which is calcniated to incite or encourage any member of
public or a class of individuals or the pllblic generally to crnm,·11
offence, under this Act or to commit a breach of any rule,
order thereunder or the of any licence, m,r1T·,11
t')
e1 No;1ap,er, no111s,sn,,ct.
1 uv,,n, . .!oatlet, fromuer or
as
catalogues or price iists which may

by the. 6[Director] in this ,.11.,1w,,,
J This marginal note w11s substituted for th,1 01iginal, by Born. 22 of i 960, s. 5 (3),
2 The word "commend" was deleted by Born. 26 of 1952, s. 5 (l) (a).
} Tbfs word was inserkd, by Bom. 26 of 1952, s.5 (i) (b).
4 Clause (b) was dekted, by Born. '?6 of l 952, s. 5(2).
5 The word "Commends" was deleted, by Dom. 26 of 1952, s. 6,
6 This word was substituted for the word "Commissioner" by Bom, 28 of i 950, Sch,
Sec. 24-lA · The Gujarat Prohibition Act, 1949 19
(b) any advertisement or other nnttcr contained. in any newspaper, news-

shect, book, leaflet, booklet 0c other publication printed and published
1
outside the [State];
(c) any advertisement or other 1.natter contained in any newspaper printed,
and published in the 2[Stnte] before sueh date as the 1[State]
Government may by notification in the Qfficia! Gazette,speeify_; and
(d) any other advertisement or matter which the ·1[State] Government mav.
by notification in the (Jfficial Gazette, generally or specially ;exempt
from the operation of this section.
(3) Notwithstanding anything contained in sub-section (2), the '[State]
Government may, by notification in the Q/ficia/Gazette, prohibit within the"[State}the
circulation, distribution or sale of any newsp:·pers, news-sheet, book, leaflet, hookfet
other publication printed and published outside the 7[StatcJ which
advertisement or matter,,
(a) which 8 * solicits the use ofor offers any intoxicant or hcrnp; or
which is calculated to encourtige or incite any or
individuals or the public ly to con:m1it any offonc(, nn,1rw,r1,,
or evade
\Vords
12 of 1959) S, 3.
2 \Vas substituted for the \Vords cf the
transferred territodes''') by I3on1. t 2 of l959, J. 3.
l This word was substituted fot the word "Provincial" by the Adaptation of Laws Order, I 950.
4 This word was substituted for the word "Provincic1I" by the Adaptation ol'Laws Ot'cler, 1.950,
5 This word was substitnted for the word "Provincial'' by the Adaptation of Laws Otdcr, 1950.
6 This word was substituted for the words "l'rc,Rcorganisation State of Bombay induding the
transferred territories", by Born, 12 of [959, s. 3.
7 This word was substituted fot the words "PrcAZcorgani';ation State ol' Bombay including the
transferred territories", by Bom. 12 of i959, s. },
8 The word "Commends" \vas deleted, by Bom. l2 ol' 1959, s. 6.
9 Section 24-IA and 24-I B were inserted by Guj, 9 of 1978, s. 3,
20 The Gujarat Prohibition Act, 1949
E,planation>The 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
medical preparation.
24-lB. Prohibition of entry in State in intoxicated condition.-No person who
has consumed any intoxicant (other tha;1 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
in:flucnee of such intoxicant or hemp.]
1
[24A, This chapter not to apply to 2[certaiu artielesJ,aNothing in this Chapter
shall be deemed to apply to-
(1} any toilet preparntion containing alcohol which is unfit for use as intoxicating
liquor;
(2) any m.edidnaI preparation containing alcohol whiob is for use ns
mtox1catm,g liquor;
,s
l Section 24A was inserted by Bom, 26 of 1952, s. 7.

2 These words were substituted for the words "certain toilet and medicinal preparations" by Bom.
of 1954, s. 5 (iii),
3 Ctauses (3) and (4) were inserted by Born. 3:i of 1954, s. 5(i).
4 These words were substituted forthe words "such preparation", by Bom. 36 of 1954, s. 5 (ii).
5 These words were substituted for the words "such preparation", by Bom. 36 of 1954, s. 5 (ii).
6 This explanation was added by Bom. 22 of I 9/iO, s, l2.
)
Sec. 28 The Gttjarat Prohibition Act, 1949.
CHAPTER IV
CONTROL, REGULATJON AND EXEl\Il'TIONS
25. Exemption of prcparations.-Thc '[State] Government may by notification in
the ()fficial Gazette, direct that any preparation containing alcohol not exceeding a
specified percentage by volume shall be exempt from any o Cthe provisions of this Act
or rules, regulations or orders made thereundcc
26. Distilleries and Warehouses for Intoxkants.-Thc '[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 l[State}
Government deems fit to impose;
(b) discontinue any distillery established;
(c) license, on such conditions as the ·1[state J Government deems fit to
i.rnposc, the construction and working of a disti llcry or brewery;
' • '<
(d) cstahl.ish or license a wai:chouse wherein any 1 [intoxicant],

mho,vrn flowers or may be deposited and
payment duty and
lbis word was substituted frir the word "Provincial'' by the Adaplntion of Laws Order, l95(L
2 These words were subst.itutcd for the word "Director" by Born. 22 of l960, s. 13 (2).
3 This wore! was substituted for the word ''Provincial'' by the Adapt<1tion of Law, Order, 1950.
5 These words were substituted for the words "li.quor, intoxicating drug" by Bom. 22 of 1960, s. 13(!).
6 These words were substituted for the words "Intoxicating drug", Born. 22 of 1960, s. 13 (3).
7 These words were subs.tituted for the words "liquor. intoxicating drug" by Bom. 22 of 1960, s. )3(1).
8 These words were substituted for the word "Provincial" by the Adaptation of Laws Order, 19.50.
9 These words were substituted for the words "liquor. intoxicating drug" by 22 of 1960, s. 13(1).
22 The Gu/arnt Prohibition Act, 1949 Sec, 29
(2) Such passes may be either general for definite period of time and definite kinds
1
of [intox:icant] or hemp or special for specified occasions and particular consigmwonts
only,
(3) Every such pass shall specify- I
(a) the, name of ihe person authorised to import, export or transport
"[intoxicant] or hemp;
(b) the period for which the pass is to be in force;
(c) the quantity and description of 3 [intoxieant] or hemp for which it is
granted,
(cl) the places from and to which -l[intoxicant] or hemp are to be imported,
exported or transported and in the case of places more than 5[ sixteen
kilometres] apart, the route by which they are to be conveyed,
"129, through transport-

(a) of consignment of any intoxicunt, hemp,
7[mhowrn
a rail. or
or
1 1'hese \Vords 1,vere substituted for the \vords ''liquor, intoxicating drug't by I3on1. of .i 960, s. l
2 · These words were substituted for the words "liquot, intoxicating drug" by Bom,
J 'I'hese \Vords \Ve-re substituted fr)r the ,vords ';liquor, intoxicating drug" by l3oirL 22 of 1960, s. 13(1 ).
4 words were substituted ltir the words "liquor, intoxicating drug'' by Bom. oft 960, s, lJ( i ).
5 These words we,:,; substituted for the words Miles" by Guj, 9 of' 1978, s. 4.
6 This section was substituted fo,· the original by Bom, 22 of 1960, a, 14,
7 Substituted tix"mhowrn flowers or molasses" by Guj. 27 of 2003, elated 17•1> September 2003 (w,cJ.
29-09-2003),
8 Substituted for"mhowra flowers or molasses" by Guj, 27 of 2003, dated 17th September 2003 (w.eJ.
29,09-2003), ·
9 This section was substicutcd for the original by Born, 22 of I960, s, 16,
person, or institution, whether under the management of Government or not, for the
manufacture, sale, purchase, possession, consumption, oi- use of any intoxicant or
hemp or any article containing an intoxicant or hemp frlr a bona fide medicinal,
scientific, industrial or educational purpose:
Provided that, where any intoxicant or hemp, or article cont,1 ining such intoxicant
or hemp, has been obtained by any person for a bonafide medicinal puipose, from any
person or institution licensed to sell the same under this section, it shall not be
necessary for such person to obtain a licence for the possession, purchase, consumption
or use thereof:
Provideq further that, no licence shall be necessary for the possession of denatured
spirit to the extent of such quantity as may be prescribed.]
1
!3tA. Licences for rmrelrnse, etc., of liquor of 1[artic!cs
se!:tim:i 24A.J,·The State Govcrnrnent 1nay, by rules or an
writing, authorise an officer to grant licences the pure hasc, possession c1r ,ise of
liquor or alcohol. for the manufactmc of [any3
mentioned in· 24A}, on
as may prcscr.ibcd.J
Theso words were substituted for thr words '·'prepnrntion referred to" by Bom. 26 of 1952, s.6(ii).
3 ·rhese \VOrds \Vere substituted fi)l· the \Vords figurc:=i' and letters "nny pn_'fH1ration to 1vhlch .section
1
applies'' by Bom.36 of .1954. s.6(i).

4 This word was substituted for the word "toddy'' by Born. 26 of 1952: s. l 0(2).
5 This word was substituted for the word "Provinciai" by the Adaptalion of Laws Order, 1950.
6 These words were substituted for the words "the tapping ()f palmyra or date palm trees for juice
intended to be used" by Born. 26 ofl952, s. l 0( !),
7 These words were substi.tuted for the words "or drnwingjuice from" by Bom. 22 of 1960, s. 17(a).
8 The word "for the'' were deleted, by Bom. 22 of t %0, s. l 7(b ).
9 This portion was added by Born. 22 of J.960, s. 17(c).
24 The Gujarat Prnhibition Act, 1949 ""
Scc. Jj
1
33. Trade and Import Lkcnccs.-The [State] Government may, by rules or an
order in writing, authorise an officer to grant trade and import licences to persons
intending to import ancl to sell by wholesale any '[foreign liquor].
34. Vendor's Licenccs.-(1) The '[State] Government may, by rules or an order in

writing, authorise an officer to grant a vendor's licence ·'[or the sale of foreign liquor.]
(2) A vendor's licence shalI be granted on the following conditions-·
(i) the stock of foreign liquor with the licensee (except what is pcnnittcd
for the disposal in the shop) shall be kept by him at 5[godown] approved
by Government.
6[***]
(iii) the licensee shall pay all rent, costs, charges and expenses incidental to
warehousing and supervision,
i [(iv) the lie<.msee may sell any part of the stock of foreign liquor to frn·eif,n
liquor iicensees or to chemists, canteens, rne;sses
1icenccs i11 any persons outside the
unposc;
sci!
(
\
vvord \Vas subsut,,ted for the \Vord by 1\daptiltion of

2 \Vords \Vere substituted for the \Vords ,,;liquor, into>dcating drug or hc1np' by
1
s.18.
3 This word was substituted for 111u wore! "Prnvincial" by the Adaptation of Laws Order, t950.
4 words were added by Born. 22 of l 960. s. 19(a).
5 This word was substituted for tile word "warehouse", by Born. 22 ol' 1960, s. I. 9(b)(i).
6 Clause (ii) was deleted, byBom, 22 of !960, .s. !9(b)(ii).
7 These clauses were substituted for the original, by Born. 22 of 1960, s.!9(b)(iii).
8 These words were substituted for the words "thG goods" by Bom. of 1960, s. I. 9 (b )(iv).
l O This word was substituted for the word "Conrn,issioner" by Bom. 28 of 1950, Sch.
35, Hotel licences.-( I) The 1[State) Government may, by rnles or an order in

writing, authorize an officer to grant licences to the managers of hotels to sell foreign
liquor to the holders of permits granted under this Act;
Provided that the '[State] Government is satisfied that such hotel has ordinarily a
sufftcient number of boarders eligible to hold permits.
(2) Such licences shall be issued on the Following conditions:-
(i) liquor shall be sold '*** to the permit holders ·'[residing or boarding] at
the hotel,
(ii) consumption of liquor sold shall not be allowed in any ofthc rooms of
the hotel to which any member of the public has access.
(iii) the holders of hotel licences shall pay the expenses of any officer of the
excise establishment, if any, required for grant nnd control ofpennits on
the premises 5( or for the supervision over the issue and consumption of
foreign liquor in the hotel].
"fhis \VOrd vvas substituted for the 1,vord ,cProvinci:i!' by the 1\d<1ptation ofLa1.vs ()n:fcr 1950,
1
1
2 ·rhis \Vord \Vas substituted fortht>\Vord ;'Provincial'' hv. the ;\dnnta\ion

~ ' ofLa\VS Order.
. . ' 1950,
3 The words sealed bottles" were deleted, by Born. 26 of l952, s, ! 2 ( ! ),

4 These words were substituted for the word "residing", by Bom. 2(i ol !952, s. 12 (2).
5 This portion was added by .Bom. 22 of 1960, s, 20.
6 These words were added, by Bom. 22 of l960., s. 14(3).
8 These words were inserted by Bom. 26 of 1952, s. !4(1).
9 These words were substituted for the words "on condition that such liquor shall be sold only to
Borwfide passengers on such ship", by Bom. 20 of !952, s,14(2).
26 The Gujarat Prohibition Act, 1949 Sec.39
39. Permission to use or consume foreign liquor on '!*''l warships, troopships

and in 2 (messes and canteen of armed forcesJ.-The 1[State] Government may, on
such conditions as may be specified 4 [by a general or special order permit-
(i) the sale of foreign. liquor to,
(ii) the purchase, use or consumption of such liquor by,-
(a) the rncmbu·s of the anned forces in messes and canteens 5[ofthe
armed forces], and
(b) the crew of warships or troopships and the members of the
armed forces. thereon.]
40. "!Temporary resident's permits.-(]) The 7[State] Government may, by rn!cs
or an order in writing, authorize an officer to grant 8 [a temporary resident permit] for
the use or consnrnption of foreign liquor to person on the following conditions
(a) that such person is not a minor
9[***]
f>,\ that sucb person was eitlleT born and hrnught up or ciorrn,::ll,,(1
\V)
country outside India V/tKTC such liquor w
qs
.hi.
l vv·ere (lckctecL
2 \Vere substituted fr).r the \Vords and nava! rnesses and cmiteens" 26
3 1"his ;,vord \VHS substituted word by the Adaptation of Laws Order, 1950.
4 '"fhis portion \Vas substituted for the vvo1\!s beginning vvith the \vords ,;'in the notificationn and ending
with the word "canteens" by Boin. 26 of 1952, s. !5(!).
5 These words were inscncd by Born. 22 of 1960. s.22.
6 This marginal note wns substituted for the original by Guj. 9 of 1978, s. 5(b).
" ':'his word was substituted for the word '·Provincial" by the Adaptation of Laws Order, 1950.
8 These words wei'e substituted for the word "permit" by Guj. 9 of 1978, s. 5(a).
9 Clause (b) was deleted by llom. 26 of 1952, s.16(1).
lO This word was substituted for th.c words the ··1he Dominion of India'' by the Adaptation of Laws
Order, l 950.
Sec. 40B The Gujarat Prohibition Aet, 1949 27
(bl) that sueh person has been ordinarily using or consuming such liquor.
1[***]
(3) Sueh pennits shall be granted for such quantities as may be prescribed.
2[(4) If any question arises whether the conditions i1nposcd by clause (a) or (c) of
sub-section (I) are satisfied or not in any case, the State Government shall decide the
question and its decision shall be final.
l***]
4
{40A. Health Permits.-(!) The State Government may by rules or orders in
writing, authorize an officer to grant a health permit for the use or consumption of
foreign liquor to any person who requires such liquor for the preservation or
mai.ntenancc of his health:
Provided that no such permit shall be gnmtcd to a minor.
(2) Such permit shall be granted for such quantity and sha 11 bo subject to
'
forthcr conditions as may be prescribed'.
no to r11ore
shaH granted <'1 i'' '1

,)".vl.
further conditions as may be prescribed,
l Snb,section (2) was deleted by Dom. 22 of 1960, s.23.

2 Sub,scction (4) was added by Born. 26 of 1952, s.16(2).
3 The explanation was deleted, by Bom. 26 of 1952, s. l 6(3).
4 Sections 40A and 40Ihvcre inserted by B0111. 26 of 1952, s.17,
5 These words were inserted by Born. 22 of 1960, s.24(a),
6 SulHection (2) and the Explanation were clclctccl, by Born. 22 of 1960, s.24(b),
28 The Gujarat .Prohibition Aet, l 949 See. 4 i
'[***]
4L Special permits to foreign sovereigns etc.-The '[State] Government may,
grant special permits iix the use or consumption of foreign liquor 3 [to any person who
!S-
(a) a Sovereign or Head of af<>rcign State;

(b) an Ambassador, Diplomatic Envoy or Consul, Honorary Consul or
Tracie, Commerce or other representative of a.foreign State;
(c) a member of the staff appointed by or serving under any person.
specified in clause (a) or (b): Provided that such member is a national ol'
a.f<>reign State; ·1[**]
5
[( c 1) a member of a foreign Government;
(c2) a representative or officer ot' any international organization to which
privileges and immunities ac given from time to time hy or under the
United Nutiom (Privileges u,d Immunities) .Aet, l.947 (XL !947);
and]
(cl) Consort any n, rsc<r, S!JCCI/Jed in clauses
0
(bl
()J:' l'0UH{L>)l ()f
use
Subcsection (2) and the Explmrntion were dcklcd. l,y Bom. of l 960. s.24(b).
2 word was substituted for 1hc word ''Provinci;:i" by the /\daptation of Laws Order. 1950.
3 This portion was substituted for the words beginning with the words "to sovereigns" and ending with
4
5
the words "envoy or consul". by Bom. 26 of 1952, s.18.
The word "and" was deleted by Born. 22 of 1960 ..s. 2.5(a).
Clauses (cl) and (c2) were inserted, by Born. 22 of 1960, s. 25(b).
I
6 These brackets, letters, figures and word were substituted for the word. brackets and letter "or (cf,
byBom, 22 of 1960, s. 25(c).
7 Section 43 was subs1itutcd t,x the original by 26 of J 952, s. 20.
1
[(3) a person holding a pennit under section 40, 41, 46, 46A or 47 may allow the
use or consumption of any part of the quantity of foreign liquor possessed by him
under the permit, to any other person who bolds a pennit under any of those sections.
(4) No holder of a permit under section 40, 41, 46, 46A or 47 shall serve any
liquor at any ceremonial or other function or any assembly of persons where persons
(not being members of his family or his employees) who clo r.ot hold any of the permits
aforesaid, are present.]
44. Licence to Clnbs.-(1) 'T'he '[State] Government may, by rules or an order in
writing 1[grnnt or authorise an officer to grant] licences to a club approved by the
·l[Statc] Government in this behalf to sell foreign liquor 5 [to its member's holding
penuits.]
(2) Such licences shalt be granted on the following conditions:
"[***]
(b) that no liquor shall be seryccl to the holder of any permit any room
the club to which the public hnvc ac,jess nt the time when
docs not hold such is present;
(c)
v,_:fis substitutedthe \Vord '·'Provincial'' by the 1\daptation ofLa\VS

)' \vot-ds \Vere substituted for the \VOrds >'authorise or granC by Bon1. of 1952 s. 21.
1
1
4 This word was ,,ubstitntcd fix the word "Provincial" by the ilffaptation of'f..aws Order, 1950.
:i These words were added by Bom. 22 of 1.960, s. 28(a).
6 Clause (a) were ddctcd, by Born. 22 01· I 960, s. 28(b)(i).
7 These words were inserted and the word "and" at the end was dclctccl by Ilom. 22 of 1960, s. 28
(b)(ii).
8 These words were inserted and the word "and" .at the end was deleted by Bom. 22 of I 960, s. 28
(b)(ii).
9 Clause (d) were deleted, by Born. 22 of 1960, s. 28(b)(i).
10 The Explanation was deleted, by Ilom. 22 of l 960, s. 28(b)(iii).
11 This word was substituted for the word "Provinc,al" by the Ac_laptntion of Laws Order, 1950.
}J The Gujarat Prohibition Act, 1949 See.46
Provided that the officer so authorized is satisfied that the use of such liquor is
required in aceorchnce with the religious tenets of the community to which such person
belongs.
'[(2) An authorization under this section shall be granted on the recommendation
of such members of the community to which the person applying frir tho authorization
belongs as may be approved by the State Government in that behalf.]
'[***]
(4) If any dispute ,:rises whether the use of liqnor is required by any person for
sacramental pmvosc, the person requiring such use may apply to the 1[DirectcrrJ.
The 4 [Dircctor], after holding a summary inquiry 5[***] shall decide whether or
not the liquor is required by the ~1crson f<x sacramental purposes.
(5) The decision of the ''[Director! under sub-section (4) shall be final.
7
[46. Visitor's l) The Stale Government rnay, by rules or an
writing, authorise an officer to grant a visitor's permit for the purchase, use
or of foreign liquor to a pe.rson who---
I
sub,,section was substituted for original, by Bom. 22 of l 960, s. 29 (a).
'
2 Sub,section (3) was deleted, by Born. 22 of l960, s. 29 (b),
3, This word was substituted for the word "Commissioner'' by Bom. 28 of l 950, Sch.
4 This word was substituted for the word "Comrnissioncr" by Born. 28 ofl950, Sch.
5 The words "in prescribed manner" wcredeleted by Bom. 22 of !960, s. 29 (c).
6 This word was substituted fo,· tile, W(ml "C1H11c,,i;sioncr"by Born. 28 of 1950, Sch.
7 Section 46 was substituted for th<, original by ;k,m. 22 of !960, s. 30,
Sec. 48 The GLrjarat Prohibition Act, 1949 31
[46A. 2{Tourist's pcrmit].-(l) The State Government may, by rules or an order in

1
writing, authorise an officer to grant 1[a tourist's permit] to consume, use and buy
foreign liquor to a person who is a tourist.
(2) A tourist's permit may be granted for the period of the tourist's intended stay
in the '[State], but shall in no ease be granted for a period exceeding one month.
(3) Such permits shall be available 1't such places as may be '[fixed] by the
"[Director] in this behalf.]
47. Interim permits.-(!) Notwithstanding anything contained in sections 7 [40,
40A and 41] the 3[Statc] Govem.mcnt may, by rnles or an order in writing, 9 [authorise
an officer to J grant interim permits to persons applying for permits under any of the
said provisions.
(2) Such interim permits shall not be granted for any period exceeding two
months.
s. 31
.,i and 1.vs:re snbstituted fo1' the figures nnd \vord "40
8 'This 1,vord \Vas substituted for the vvord ~'.Provincial''' by the f\dnptation of IAl\VS
9 These words were inserted by Bom. 26 of 1952, s. 22 (2).
W This margirnJl notc was substituted for the origi,nl by Born. 26 ol' 1952. s. 23(2).
ll This word was substituted for the word "Liccncc:s", by Born. 22 ol' 1960, s. 32(c).
12 These words were inserted, Born. 22 of 1960, s. 32(c).
13 This word was substituted for the word "Pmvincial" by tl1e Adaptation ol'Laws Order, 1950.
14 This word was substituted for the word "licences·' by Born. 22 of 1960, s. 32(a) .
. 15 These words were substituted for the word "sale'' by l.lom. 26 of 1952, s. 23(1 ).
16 These words were substituted for the words "hemp drug", by Bom. 26 oi' \952, s. 23(1).
I7 These words were inserted by Born. 22 of 1960, s. 32 (b).
32 The Gujarat Prohibition Act, 1949 Sec. 48A
(2) Such '[permits] shall be granted on the certificate ofthe Medical Board.
2
[48A. Permits to be non--transfcrahle.-permits granted under sections 40, 40A,
40B, 4 J, 46, 46A, 47 or 48 shall be non-lrnnsforable.]
49. {Power to make rules or pass orders for possession, etc of oplum. J.-
Deletecl by Bom. 22 of 1960, s. 34.
50. {Warehousing of opium.J.-Delctcd by Bom. 22 of !960 s. 34.

51. !Rules for sale. etc. of warelrnused intoxicant or ""'"!'· .-Deleted by Bom.
22 of 1960 s. 34.
52. Power of authorised officers tn grnnt Heeuees, permits aud passes

certain eases.-Notwithstauding anything in this Act, it shall be lawfol for any offieer
3
authorised by the [State] Government iu this behalf to grant any licences, or
permits for import, export, transport, possession, sale, buying, cultivation,
manufaeture, 4[bottling], consumption and use of any intoxicant, nerYm
H0m0rc or or tapping o i' any toddy;
word was substituted for the word "licences" by Bom. 22 of 1960, s. 32(a).
2 Section 48A was inscrted, by Bon,. 22 of 1960, s. 33.
4 This word was. inserted by Bom. 22 oft 960, s. 35
5 These words were substituted for the wmcls "l ..:iidcr thereof." by Born. ?2 of 1960, s. 36.
6 The portion beginning with the words "and not to do anything'' and ending with tlw words" object
and purposes of this A.ct" we:\: deleted by ,. 26 of [952, s. 24.
1
[53A. Certain licensees required to keep measures. ctc.-Every person who
manufactures or sells any intoxicant or hemp under a licence granted under this Aet,
shall be bound-··-
(a) to equip himself with and keep such measures and weights and such
instruments for testing the strength or quality of the intoxicant or hemp
as the Collector may prescribe, and to keep the same in good condition,
and
(b) on a requisition of any Prohibition OJTiccr, duly empowered iri this
behalf, at any time to measure, weigh or test any intoxicant or hemp in
his possession or to have it measured, weighed or tested in,such manner
as the Prohibition Officer may require.]
54, Power to cancel or suspend licences and perrnits.-(1) '[The authority
granting any licence, permit, pass or authorisation under this Act may for reasons to be
recorded in writing cancel or suspend it,]
(a) if any foe or duty payable by the, ho!clcr thereof is non.July paid;
if for which the pcr111it, or uth.onsation \Vas
ffp1nt1•d ,·,,a"''S [()
c':J ,_, - ,;., . 0VVv- ~)"-"~ "
or under
This section was inserted by 130111, ofl960. s. 37,

2 These words were substituted for the portion beginning with the words "The Director or any officer
authorised in this behalf' and ending with the words "granted under this /\ct", by Bom. 22 of 1960,
S, 38(a)(i),
3 These words and figures were substituted fo1· the words and figures "of any offence uncicr the
Dangerous Drugs Act, .1930" by 130111. 22 of I %0, s. 38 (a)(ii),
4 These words figures and bracket;; were substitutc:d for the words, l1gmcs and brackets "or under the
Drugs Act, 1940 or under the BombayDrngs (Control) Act, 1952", by Guj, 9 of 1978, s. 6(ii),
34 The Gujarat Prohibition Act, 1949 Sec.
or of any o[Teucc punishable under sections 482 to 489 (both inclusive)

of tbc Indian Penal Code, 1[or of any offence punishable under section
112 of the Customs Act, l 962 (XLV of 1860), for an act specified in
dause (d) of section l 11 of the said Act, including the abetment of the
doing, or the omission, of such act;]
2
[(e) if the licence, permit, pass or authorisation has been obtained through
wilfol misrepresentation or fraud.]
(2) ·where a licence, permit, pass or authorization held by any person is cancelled,
under sub-section (1 ), the authority aforesaid may cancel any other licence, permit,
pass or authorisation granted or deemed to have been grantee! to such persons under
this Act
'[(3) Notwithstanding :mything cornainecl in this section, the State Government
may, for reasons to be recorded in writing, suspend or cancel any licence, permit, pass
or authorisation.]
!Hlt
nr holder
an1:.no.r1s:an1;n shall entitled to any co1npensation
01
1'hese v1ords tlgurcs brackets and letter \\'K:1\.: ;;ubstitutcd fc)r the \vords and figures
1 1
any nH,·n1·e
punishable under Article 8 of1hc Scheduk to section 167 ofthe Sea Customs Act. 1878''. Guj. 9
,. • 0 ·1s 6.( ...
OT L1 , , S, ll ).
2 This clause was inserted, by Born. 22 of 1969, s. 38(a)(iii).

3 This sub,section was substituted for the original, by Guj. 9 of 1978, s. 38(cl).
4 These words and figures were substituted for the word "licence" by Bom. 22 of !969, s. J9(a)(i).
5 This word was substituted for the words "the licence" by Gui. 9 of 1978, s. 39(a)(ii).
6 This clause was substituted by Chii, 9 of !978, J9(a)(iii).
7 This sub-se.ction was substituted, by Guj. 0 of l '178, s. 39(b).
respect of such licence, permit, pass or authorization shall be rcfondcd to him after
deducting any amount due from him to the State Government.]
57. Attachment of Liceuce.-Notwithstanding anything contained in any other

section, when a licence is liable under that section to cancel la ti cm owing to default in
the payment of any duty or foe payable by the holder thereof, the authority granting the
licence may attach and take such licence under management, and if the profits received
frmn such management after meeting all the expenses of such attachment <}nd
management arc less than the amount of the i11Tcars for which the licence was attached
and the amount falling clue on sllch licence during tlK remaining period of sllch licence
the difference shall be recovered from the licensee as if it ,vcre a duty or fee leviabtc
under any one of the provisions of this Act, and in the event of the said profits
exceeding the amount so clue under the [iccncc, the licensee shall not he entitled to
receive any of the said profits.
1rndcr to
cxccu±fon.-Notwithstancling anything conttincd m any law for time b'cing in
ti.He or i.ntcrest in !tcence, permit, or authorization
.liable lo be sold, or ;iuached in the
(}f
the cost of such sta ffl
to '[or to
stocks,-( 1) Not,vithstanding the Cact that the period during which any licence, permit,
pass or author1.sation is to be in force has not expired, the '[Director] niay direct the
I This section was inserted by Guj. 9 of 1978, s. 40.

2 This word was substituted for the word "Cornmissi(ner" by Born. 28 of 1950, Sch.
3 These words were inserted by Guj. 9 of I978, s. 26 (2).
4 This word was substituted for the word "Commissioner'' by Bom. 28 of l 950, Sch.
36 The Gujarnt Prohibition Act, 1949 Sec . .)'"()·
holder thereof to dispose of his stock of intoxicant, 1[ denatured spirituous preparation]

or hemp or mhowra flowers before sueh date as may be specified in the order.
2
[(1A) The Director may also direct the owner of the stock of any intoxicant,
3
[ denatured spirituous preparation] or hemp or mhowra flowers who does not hold any
licenee, pennit, pass or authorization for s11ch stock to dispose of the said stock before
such date as may be specified in the order, and the owner shalt comply with such
direction.)
(2) Any stock intoxicant '[denatured spirituous preparation] hemp or mhowra
flowers left unc!isposcd of after the dak so specified shall, together with rcccptacles ..m·
packages in which it is contained, be k,ble to forfeitmc to 5[the State Government] by
the order of the 6 [Director]. On thee c:incellation or the expiry of the period of
7
licence, permit, pass or authorization, [Director] may also direct that any stock of
8
any intoxicant, ( denatured spiritLmus pnc:paration] hemp or mhowra flmvers rcmainir1g
with the holder of the l.iccnce, permit, pass or authorization together with receptacles or
packages thereof be frm,foited to ''[the State Government.]
articles which are forfeited under sub-section (2) are
portion of
t ,;,: ;i
"''
2 5,26(}),
3 ms-ert,:d by }3o rn, of s.4t(a).
4 were insertc.d by Born. of 1960, s. 4l(a).
5 These 1,.vords \Vere substituted for the 1,vords "!"fis 1VIajcsty11 by the 1\siaptation of La\VS,
6 This word was substituted for the word ''Corn missioner" by Bom. 28 of 1950, Sch.
7 This word was substituted for the word '·Commissioner" by Born. 28 of 1950 . Sch.
g words were inserted by Born. 22 of 1960, s. 41 (a).
9 These words were substituted for the words ·'His Majesty" by the Adaptation of Laws, Order i 950.
10 This word was substituted for the word "Co,mnissioner" by Bom. 28 of I950, Sch.
! l This sob,section was inscned by Hom. 22 o; I 960, s. 4 l(b ).
12 This word was substituted for the word '·Commissioner" by Bom. 28 of' 1950, Sch.
Sec. 59A The Gujarat Prohibition Act, 1949 37
1
[CHAPTER IV-A
CONTROL AND REGULATION OF 2!ARTICLES Mf<:NTIONED IN SECTION Z4AJ
TO PREVENT THE:IR USE AS INTOXICATING LIQUOR
1
[59AA. Control on manufacture etc. of articles mentioned in section 24A.-No
article mentioned in Section 24A shall be manufactured, imported or exported, except
under a licence which shall, subject to the provisions of any rules made in that behalf
be granted by an officer 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 expo1i of such
article to the extent of such quantity as may be: prcsnibecL]
59A. 'fMa:rmfactnre articles 1nentfom:d section 24AJ.-{1) No manufaettlrcr

of any ofthe mtieles nlentioned in Section 24A shall sell, use or dispose of any liquor
purchased or possessed for the putposcs of such manufacture under the provisions
this Act otherwise than as an ingredient of the articles author.ised to be mEmu.fac:tui·ed
therefrom, more akohol shalI used in the mant1foeture of any
m0:nt1:on.cd m than tbe quantity necessary fi>r extraction or solution
for of the
',,
'"''''"' l l
Chapter IV,A was inserted by Bom, 26 of 1952, s, 27.

? These words figures and letter were substituted for the words "Medicinal and Toilet preparations" by
Bom, 36 of 1954, s, 7.
3 This section was inserted by Born. 22 of 1960, s. 42,
4 This marginal note was substituted for the original, by B0111, 36 of' 1954, s, 8(ii).
5 These words were added by Born. 22 ol' l960, s. 43.
6 These words, were substituted for tile words figures nnd letter "article to which section 24-A applies"
by Bottl. 36 of 1954, s, 8(i).,
38 The Gujarat Prohibition Act, l 949 ,,
\,Sec. ''()!)
j _·.~>
59R '[Analysis of articles mentioned in section 24AJ,-2[(1) Whenever the

Director has reason to believe that any of the articles mentioned in Section 24·A docs
not correspond ,vith the description and limitations provided in Section 59--A, he shall
cause an analysis of the said article to be made and if upon such analysis the Director
shall find the said article docs not so correspond, he shaH give not less than 15 days'
notice in writing to the person who is the manufacturer thereof or is known or believed
to have imported )[or obtained] such mticle to show cause why the said article should
not be dealt with as the intoxicating liquor, such notice to be served personally or by
registered post as the Director may dc1crminc, and shall specify the time ·when, place
where, and the name of the officer before whom such person is required to appear.J
''((IA) If such person fails to show to the satisfaction of the Direction that the said
article corresponds with the description and limitations providc&-in Section the
Director may, by notification in the CJ/fieial Gazelle direct that the said article be dealt
with as an intoxicating liquor and thereupon the provisions of this Act relating to liquor
shall apply that articles.]
5[(2) Whenever the Director Gause; an analysis of an article
(I) notice ,,,,,,,·;c,,n1n,,,.,
I "Chis rnarginai note \Vas substituk:d for the originat by Flon1. 36 of 1954, s, 9,
2 ·rhe original section 59f3 \Vas rcnurnbcrcd as sub-section (1) oCthnt section by T3orn. 20 of 1 s_ :>.
} These words were inserted by Born . 22 of l %0 s. 44 ( i ).
4 This ,;ub .. scction was inserted, by B0111. 22 cf 1960 s. 44(2).
5 Suli..,;ection ('.:') was added by Born. ].0 of 1955 s. 5.
6 These words were inserted by Born, 22 01· l %0 s. 44 (3).
7 These words were inserted by Born. 22 of I %0 s. 44 (3 ).
8 These words figures ar,'. 1 icttcrs were substi:utcd for the words ''communicated to him, whichever is
earlier" byBom. 22 of 1960 s. 44(3).
'[CHAPTER IV-B
CONTROL AND REGULATION OF DENATURED SPHUTUOUS PREPARATIONS
TO PREVENT THEIRUSE AS INTOXICATING LIQUOR.
59C. Prohibition against possession of denatured spirituous preparation in
excess of Prescribed Limit and the regulation of its Possession in Excess of
Prescribed Limit-(!) No person shall have in his possession, except under a permit
granted by any officer empowered by the State Government in that behalf~· any
quantity, of denatured spirituous preparation in excess oC such a quantity as the State
Government may, by notification in the Official Gazette, specify.
(2) In specifying quantity of possession of denatured spirituous preparation under
sub,seetion (l) regard shall be had to the necessity for the free possession of such
preparation for legitimate, domestic and other purposes, and difforent limits may be
fi:zccl for,.
(i) different local. areas,
"\
( Uj d.ifforcnt classes of persons, irnd
{iii) different occasions.
under sut,<iection ( I) shall

behalf by the Govcrnrncnt.]
V
Mt export or [mport mliowra flowers.,,(!) No person shall

export or import mhowrn flowers except under a pass granted by the Collector or an
officer authorised in this behalf.
Chapter JV,B was inserted, by Bom. 22 of 1960, s. 45.

40 The Gujarnt Prohibition Act, l 949 Sec.GI
(2) Control and regulation of tra1Jsport, sale, etc., of mhowru fiowers.-'[No

person or head of household on his behalf or on behalf of the members of his
household shall in the aggregate] collect or transport or sell or buy or have in his
possession mhowra flowers exceeding the prescribed limit in weight, except under the
authority and subject to the conditions of a licence, permit or pass granted '[by the
Collector or an officer authorised] in this behalf:
Provided that no licence, permit or pass shall be necessary for the collection,
transport, sale, purchase or possession within such area and during such period
(hereinafter called vacation period) as tl1c lState] Government may, by notification in
the Official Gazette, notify, of any quantity of mhowra flowers which shall be the
produce of that ycac'[and of that area]:
Provided fo.rther that unless the 5[State J Government by a notification in the
Official Gazette, otherwise directs, no licence, pennH or pass shall be necessary for the
transport by rail of any qwmtity of tnhowra flowers thrcmgh an area which no
vacation period or the vacation period which has expired at the
tn1n,m,111't takes place, provided thal:-
tlte are not
the {)f
words were substituted fo,· the words person sna '16 o,1·19··,
' II"'oy ·r3_01n. ,.._) ''8 (.,
. _),.:,, s, :.,t. l ).
2 These words were inserted, by Born. 26 ot' 1952, s. 28 (2).
3 This word was substituted fol' the WO I'd "hovii:cial" by the Adaptation of laws Order, 1950.
4 These words were added by Born. 26 of 1952, s. 28 (3).
5 This word was substituted fol' the wol'd ''Provincial'' by the Adaptation of laws 01'der, I 950.
6 The Explanation was deleted by Bom. 22 of l 960, s. 46.
7 This word was substituted fol' the word "Pruvi1.cial" by the Adaptation of Laws Order, t 9.50.
8 These words were inserted by Bom. 26 of I s. 29.
Sec. 64C The Gujarat Prohrbition Act, 1949 41
(3) The \State] Government may also authorise any Collector or any other officer
to grant pennits for the transport of molasses.
62. Provisions of Sections 53 to 59 to apply to licences granted under section

6t-The provisions of sections 53 to 59 ![(both inclusive)] shall so far as may be
applicable, apply to licences or permits granted under section 61.
'f 63. Provision of Act in relation to m.olasses to he in addition to and not in
cforngation of Bom. XXXVHI of 1956.-The provisions of this Act in relation to
molasses slmtl be in addition to ancl not in derogation ol' the provisions of the Bombay
Molasses (Control) Act, 1956 (Bom. XXXVII of 1956), ell· of any rule or order made
thereunder. J
64, [Power of State Government to holder of 0 tock of nrniasses sell

at fixed price to any person or class of pcrsons.1,-Dclctccl by Bom. 26
of 1952, s. '.Ht
,·,1 e,.., I,\.·1,•J 1-'1rl-•

0
'"1·111·1c·111
(sL , · .. ! l'1;, ~,\,1 I'.,·, .,· 'vi
""ZCeSS
by notification in the Official Ciazei'te,
8 ii,·r1we > 1•c·1·111·1t
Jy_ '}.p·isc
,;;,,,,,,v .. v Cc.<< C'l'
J ( ·1111Jv11·1·
, , •• ,,.,11·01·1
,,c,. . . <c1·•·1tc·,·I
/:::JqJ_ .,., 'l1·1·1
l1\r c;·1'•..
·1···1,·2r
vv., omno·we1·er!
by the State Government in that behalf.

Provision of sections 53 to apply to permits etc. trr,,n1,,,.n
,m,m.. ,. sc<tic,ns 64, 64 .A 648.-Thc provisions of scctrons 53 to 59 (both inclusive)
This word was substituted for the word "Provinci:il'' by the Ad:iplation ol'Laws Order, 1950.
2 These brackets and words were inserted by Bom. 22 of [960 s. 47.
3 This section was inserted by Bom. 22 of 1960, s. 48.
4 Chapter VJ,. i\ was inserted by Guj . 9 of 1978, s. 7.
42 The Gujarat Prohibition Act, l 949 Sec.65
shall, so far as may be upplieable, supply to licences, pen11its, passes or authorisations

granted under sections 64, 64A and 6413.]
CHAPTERVH
OFFENCES.AND PENALTIES.
65. Penalty for illegal import, etc, of intoxicant or hemprWhoever, in
eontraventi(ln of the provisions of this Act, or of any rule, regulation or order made or
of any licence, pass, permit or authorisation granted thercuncler--
(a) imports or exports any intoxicant [(othcr than opium)] or hemp,
1
(b) manufactures any intoxicant '[(other than opium)],

(c) constructs or works any distillery or brewery,
(d) bottles liquor,
(e) sells orbuys any intoxicant 1[( other than opium)] or hemp, or
(f) uses, keeps or has in his possession any materials,
irnplmnents or apparatus for the pmpose of
intoxicant., [(other than opium)].
or col 'j
2
3
6 portion \Vas substi.tutcd fo1· the portion beginning \Vil:h the \Vords '"shal! on conviction
puni:ihcd" to the encl of the section by Born. of 1960, :,. 49(d).
7 ISornbny J>rohibit$n1 ((;ujarat 1.\rnendrnent) 2()()$ 1)
02-12-- 2011, Pmviso read as:
Provided that, in the absence of special ancl a:kquatc reasons to the contrary to be mention.Cd in the·
judgement of the Court,--·
(i) for a first offoncc, such imprisonment shall not be less than six months, and fin,: shall not be kss
than five hundt\,d rupees;
(ii) for a second offence such imprisonment shall not be less than nine months, and l1nc slmll not IK
less than one thousand rupees;
(iii) 11:ir a third or subsequent offences, such ,:;iprisonmcnt shall not be less than one year and fine
shall not be less than one thousand rup,ccs.
[65A. Punishment for laththa.- (1) Notwithstanding anything contained in this

1
Act whoever·····
) )
(a) manufactures /aththa,

(b) constructs or works any distillery or brewery f<.ir it,
(e) sells or buys /aththa, or
(d) uses, keeps, transports or has in his possession laththa,
shall, on conviction, be punished with imprisonment for a term which may extend to ten years,
but shall not be less than seven years and also with fine.
(2) \tVhcn there has been death of any person by the consumption of the said
lath th a m.cntioncd in sub -section (l) above, the person who has manufactured, kept,
sold or arranged to make it drink or distributed /at!ttha, shall, on conviction, be
pllnished vrith clcatll or imprisonment for Uc and shall also be liable to fine.
(3) \tVhoever keeps, sells, buys or supplies any material f'or nianufaefure of the
laththa and when there has been death ofpct'!km by the consmnption of the
shall, on convietion, be punished for a tc11.ri up to imprisonment for lifo
with fine.\
{
\
on conviction, be punished--
(i) for a first offence, with irnprisonrnenl Cor a term which may extend
six months and with fine which may extend to one thousand
Inserted by the Bombay Prnhibition (Gujarat Amcnd1M11i) Act, 2009 (Gnj, 29 of ZOU) dated
02·12-201 !.
2 Sc_ction 66 was renumbered as sub-section (i) by Bom. 12 of 1959, s. 9.
3 Clause (a) was deleted by Born. 22 of 1960, s. 50 (a)(i).
4 These brackets and words were inserted, by Born. 22 of 1960, s. 50 (a) (ii).
5 Clause (e) was inserted by Guj. 9 of 1978, s. 8( i ).
44 'I'he Gujarat Prohibition Act, l 949 See.66
l
!
l[***J
(ii) for a second offence, with imprisonment for a term which may extend to
l
\
two years and with fine whicl1 may extend to two thousand rupees:
'[***)
(iii) for a third or subsequent offences, with imprisonment for a term which
may extend to two years and with fine which may extend to two
thousand rnpecs:
)[***]
l(2) Subject to the provisions of sub--scction (3), where in any trial of an offence
under clause (b) of sub-section (1) for the consumption of an intoxicant, '[or in any
trial of an offence under clause (c) of sub-section ( 1) for entry in the territory of the
State after consumption of an intoxicant or hemp at any place outside the it is
alleged that the accused person consumed liq nor, and it is proved that the conc,:nrrmwn
of alcohol in the blood of the accused pc.c.zm is 6 [not less than 0.05 per rn
volume J then the burden of proving 1
[the liquor consumed
consumed in quantity not in c·:;cess of nonnal
24-1. A or that the 1?·as a toilet an
{)f
Wi}CCS as
1 Proviso ddcted by Guj. 7 of 2005, dated 25·,1-. February 2005 (w.c. t'. ! 7-02-2006).
2 Proviso deleted by Guj. 7 of200:5, dated 25"' Fch:uary 2005 (w.eJ. 17 02-2006).
1
3 Proviso deleted by Guj. 7 of 2005, dated 25 " February 2005 (w.c.f. 17-02-2006).
4 Sub-sections (2) and (3) were added by Born. 12 of 1959, s. 9.
5 Tbese words, brackets, letter and figurn were inserted by Guj. 9 of 1978, s. 8(2) (a).
6 These words and figures were substituted and shall be clecrncd always to have been substituted for
the words and figures "not less than 0.05 per cent" by Bom. 22 of 1%0, s. 50 (b).
7 These words, figures and letters were substi:uted for the words "the liquor consumed was a
medicinal. or toilet preparation" by Guj. 9 of I97,:. s. 8(2) (b ).
NOTES
liJJi Penalty for being drunk and for disorderly bclrnvio1· • Penalty for illegal cultivation and collection of
hemp and other matters State of Gujarat vi.I Nars!Iih!wi Hariblwi Harija112009 lawSuit(G11i) 808
liJJi Discretion of the Court .... When the Court can award less than the minimum punishment prescribed
-Held that if the Court, after convicting and before sentencing the accused, is of the opinion that for any
special and adequate reasons which is required to be rncordecl in the judgement, is necessary to impose
lesser punishment than. minimum prescribed,.. Award lesser than minimum. State af'Gujarat vh. Natwar
ffarcizandi Tlwkor (2005) GHJ8
1
{66A. Penalty for illegal import, etc. of opium.· vVhoevcr, in contravention of
the provisions of this Act, or of any rule, regulation or ol'dcr made thereunder or of any
licence, pass, permit or authorisation granted by or under this Act, imports, exports,
transports, consumes, uses, possesses, sells or buys opium, shall, on conviction, be
punished for each such offon.ce with irnpriso11me11t for a term which may extend to
three years and also with fine:
Provided that, in the abs.cnce of spccinl .and adcqu:ilc reasons \o the contnuy
mentioned in the judgement of the
for a otlenec. such 1sonmcnt shall not be
and not be five hundred
specird anci re::lscn1s

mentioned in judgement of the i1.nprisonment shall. not
months and fine shall not be less than five hundred rupees J.
1[(2) ln prosecutions 1.mder this sectio:1, it shall be presumed, until tlvc contrary is
proved, that the alteration or attempt to dtel' any denatured spirit was done with the
intention that it may be used for human consumption as an intoxicating liquor,]
This section Mts inserted by Bom. 22 of 1960, s, 51.

2 Section 67 was renmnbcrecl as sub-section (l) by Boin. 22 of l %0, s. 52,
3 'This sl!b-section vvas added by Boin. 22 of1960 s. 52.
1
46 The Gujarat Prohibition Act, 1949 Sec. 67, lA
1
[67-lA. Penalty for alteration or attempting to alter denatured spirituous
preparation.·'[(!)] Whoever in contravention of section 21 A alters or attempts to alter
any denatured spirituous preparation or lws in his possession any such preparation in
respect of which he knows or has reason lo believe that any such alteration or attempt
has been made shall, on conviction, be punished with imprisonment for a term which
may extend to one year and with fine which may extend to one thousand rnpecs:
Provided that in the absence of special and adequate reasons to the contrary to be
mentioned in the judgement of the Court such imprisonment shall not be less than three
months and fine shaU not be less than five hundred rupees].
1
((2) In prosecutions under this section, it shall be presumed, until the contrary is
proved, that the alteration or attcrnpt to alkr any denatured spirituous preparation was
done with the intention that such spirit rnay be used for lmrnan consumption as an
intoxieating liquor.]
of
whoever,,
(a) 1Jel11g a registerecl n:tcG 1cal issues a
UJ.t\JAtlcc<UHc', ]iqU()f, 01'
or
if
i
591L,(l) Whoever in contravention
2
[provisions of section 59AA or, as the case may he, of section 59A]·,
Section 67,!A w,1s inserted by Born, 36 of .l954, s. IO.

2 Section (jJ .. JA was renumbered as sub .. section (I) by Born, 22 of' 1960, s. 53.
3 This sub..section was added by B0111. 22 of l960, s. 53.
4 This section was inserted, by Bom ..22 of 1960, s, 54,
5 Sections 67 A and 67B were insened by Bom. 26 of 1952, s. 31.
See. 67A The Gujarat Prohibition Act, l 949 47
1
[(la) manufaetures, imports or exports any article mentioned in section 24A,
or}
(a) sells, uses or disposes of any liquor otherwise than as an ingredient of
any '1[atiicle mentioned in section 24A], or
(b) uses more alcohol i[in the manufacture of any of the articles mentioned
in section 24A J than the quantity necessary for extraction or solution of
the elements contained the:ein and fot· the preservation of such
('[article], or
(c) knowingly selfs '[any such article] for being used as an intoxicating
drink, or sells any such article under circumstances from which he
might reasonably deduce the intention of the purchaser to use them for
such purpose,
shall, on conviction, be punished with imprisonment for a term whici1 may extend to one year
or with fit1c or with both:
(2) person who has been convi.ctcd focm1y offence under this section has
paid any sum of under section IO~f \by way ()f composition]
shalt to manufacture, import or to sell any 1 [artide
the date of such conviction or mrnn0nt
or ] in
as 1s
(a)(i) .
.,
) (l \NUS in.s,':ricd l960. s. (a)
1;vords ::;ubsl1tuted the \vords '·rnediciiH1! or todct prcpnration... Born.
( !)(a).
5 \VOrds, figures and letters \Vere ;;ubstitutcd for the \Vords 1 'in the 1nanufncturc of such articles
which may be used as intoxicating liquor" by Boni. oV 1960, s. (a)(iii).
6 This word was substituted for the word "prcparnti,;,n'' by Born. 26 of 1954, s. I l (i)(b).
7 These words were substituted for the words, figures and letters "any arliclc to which section 24A
applies", by Bom. 26 of 1954, s. l l (i)(c).
8 These words were inserted by Bom. 22 of 1960, s. 55 (b).
9 These words figures and letters were substituted for the words, figures and letter "preparation to
which section 24A applies'' by Born. 36 of 1954, s. ! I (ii)(a).
IO These words were substituted for the words "such preparation" by Bom. 26 of 1954, s. 11 (i) (b ).
48 The Gujarat Prohibition Act, l 949 Sec. 67B
67B. 1 IPenalty fox failure to satisfy the Director under sub-section (1), or to
comply with a requisition under sub-section (2) of Section 59Bj.-2[( 1) If the
manufacturer of any of the articles mentioned in section 24A fails to show to the
satisfaction of the Director that the article corresponds to the description and
limitations provided in section 59A, his licence for the purchase, use of possession of
liquor or alcohol for the manufactme of such article shall be revoked.
'[(2) Any person who foils to comply with any requisition made by the Director
under sub-section (2) of section 59B, shall, on conviction be punished with
imprisonment for a term which may extend to one year or vlith fine or with botb.]
4
{67C. Penalty for possessing, etc., denatured spiritmms preparations
e,mtravcnfion of provisions of section 59C and 59D.-\Nhoever,-
(a) in contravention of the pLivisions of section 59C, possesses, without a
permit, any deiwturccl spirituous preparation in excess of quantity
prescribed under that section, or
(h) in contravention of the provisions of section 59D, manufactures, sel.!s,
bottles for sale or imports, exports or transports,
preparation, or
one thousand
1 This marginal note was substituted for the original, by Born. 26 of i 954, s. 6 (2).
2 This original section 67..B was renumbered as sub,scction (I) of that section by Bom. 20 of 1955, s.
6 (!).
3 Snb..section (2) was added, section by Born. 20 ol' J955, s. 6 (1 ).
4 This section was inscortcd by Brnn. 22 of 1060. s. 56.
Sec.69 The Gujarat Prohibition Act, l 949 49
(iii)for a third or subsequent offences, with imprisonment for a term which

may extend to two years and with fine which may extend to two
thousand rupees:
Provided that, in the absence of special and adequate reasons to the contrary to
be mentioned in the judgment of the Court, such imprisonment shall not be less than
nine months and fine shall not be less than one thousand rnpees.]
68. Penalty for opening etc., of comn1tm drinking house.- \Vhoevct'-·
(a) opens, keeps or uses any place as a common drinking house; or
(b) has the care, management or control of, or in any manner assists in
conducting the business, of any place opened, kept or used as a common
drinking house,
'[shall, uu 1otwiction, be punished for each such offence with imprisonment for a term. which
1
may extend to three years and al.so with fine:

Provided that, in the absence of special nnct .adequate reasons to Jhc contrary
m.,.me;,u in the judgment of the
tncmtl1s and with

that, in the absence of special and adequate reasons to
vmr,nr11 ' contrar<;
mentioned in the judgment the Court; such i.mprisonmcnt shall not be less
months and fine shall not be less than five lmndred rupees:
This portion was substituted for the original by Bom. 22 of 1960, s. 57.
2 This word was inserted by Bom. 26 or' 1952, s. 32.
3 This word was inserted by Born. 26 of l952, s. 32.
50 The Gujarat Prohibition Act, 1949 Scc.70
(ii) for a second offence, with imprisonment for a term which may extend to
two years and with fine which may extend to two thousand rupees:
Provided that, in the absence of special and adeqnatc reasons to the contrary to be
mentioned in the judgment of the Court, such imprisonment shall not be less than six
months and fine shall not be less than one thousand mpces;
(iii) for a third and subsequent offences, with imprisonment for a term which
may extend to two years and with fine which may extend to lwo
thousand rupees:
Provided that in the absence of special and adequate reasons to the contrary to be
mentioned in the judgment of the Court, such imprisonment shall not be less than nine
months and fine shall not be less than on.; thousand rupees:
Provided farther that no person shall be punished in respect of mhowra
flowers which are either growing on a tree or are .lying uncollected on the ground as
~ ~ ~ V
they have fallen from a tree.
of \Vhocvcr, in contrav,cntum
this Act, or of any rule, regulation or order
uc1.urn ,!Jemt,)d thcrennder,
M
i
hry2
I 'I.
pmv1st0na of this Act, or of any rule, regulation or order made, or granted.
thereunder, removes any intoxicant, hemp, mhowra flowers or molasses from any
distillery, wareh,rnsc, godown or other place of stol'age established or licensed under
] Sectioo 70 A was inserted by Guj. 9 oi' 1978, s. 9.

2 This section was substituted li:H· tlis, origira! Bom. 22 of 1960, s. 58.
this Act, shall, on conviction, be punished with imprisonment fol' a tcnn which may
extend to one year or with fine which may extend to one thousand rupees or with both.]
73. Penalty for printing or puhlishlng advertisement in contravention of

provisions of Act, etc. -Whoever, in contrnvcntion of the provisions of this Act, or of
any rule, regulation or order made thereunder, prints, or publishes in any newspaper,
news-sheet, book, leaflet, booklet or any single or periodical publication or otherwise
displays or distributes any advertisement or othct· mattcr-
(a) which'[*] solicits the use of or offol'S any intoxicant or hemp, or
(b) which is calculated to encourage or incite any individua:1' 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 of the conditions of a licetice,
permit, pass or atrthorization granted thereunder;
shall, on conviction, be punished with imprison1nc11t for a term which may extend to
inonths or with fine which may extend to five lrnnclrcd n1pees or with both.·
cir to C\)XT1111it
extcr,cl to
The word "commends" was deleted by B0111. 2(; o!' l 952, s. 34.
2 This word was substituted for the ·words "p,·c-Rcorganisation State of Bombay, excluding the
transferred territories" by Born. 12 ot' 1959, s. 3.
3 The word "commends" was deleted by Born. 26 of 1952, s. 35 (I).
4 This word was inserted, by Hom. 26 of 1952, s. 3.5(2).
52 The Gujarat Prohibition Aet, l 949 See.75
75. Penalty for inciting or cneoiH'aging certain. acts [***].-\Vhoever, in 1
contravention of the provisions of this Act or any rule, regulation order made
thereunder,-·
(a) ~[*] solicits the use of or offers any intoxicant or hemp, or
(b) '[***]
(c) does any act which is calculated to incite or encourage any individual or
a class of individuals or the public generally to commit an offence undc:r
this Act or to commit a breach of any rule, regulation or order made or
of conditions of a licence, permit, pass or authorization grnntcd-
thercundcr,
shall, on conviction, be punished with irnprisonment for a term which nmy extend to six
mouths or with fine which may extend to on0 thousand rupees or with both.
4
[75A, for U1
contravention of the provisions of section•+,--
drinks in a public place 01 in the rooms of a hotel or
public may have ac(;css:
'USC or
serves
(a) neglects to supply 'C 1,vith 1neasurcs and weights

and weighing any intoxic:.,nt or hemp or with instruments
strength of liquor or keep the same in good condition, or
1 The words "frustrating provisions of this Act" wcrc deleted, by Bom. 26 of J952, s. 36 (3).
2 The word "commends" was deleted by Born. 26 of 1952, s. 36 (] ).
3 Clause (b) was deleted by Bom. 26 of 195'.', s. 36(2).
4 This section was inserted by Born. 22 of! ,,. 59.
Sec. 78 The Gujarat Prohibition Act, l 949 53
(b) refuses to measure, weigh or test any intoxicant or hemp in his·

possession 1[or to have it weighed measured or tested],
shall, on convktion, be punished for eacb such offence with fine which may extend to two
hundred rupees.
77. Penalty for misconduct by Ikensce, etc.-v\Thoever, being the holder of a
licence, permit, pass or authorization granted under this Act or a person in the employ
of such holder or aeting with his express or implied permission on his behalf-
(a) fails to produce licence, permit, pass or authorization on demand by a
Prohibition Officer ot any other officer duly empowered if such licence,
permit, pass or authorization is in hts possession or control, or
(b) wilfhlly does or omits to do anything in contravention of any mk,
regulation or order made under this Act, or
2[***]
shall, on conviction, be punished for each offence \vith imprisonn1,,nt for a term which
1
"'"''"'·" to [ months or with fine which may to tfive hundreclJrupces or with
S'n··iil
~., ( I<
of the Indian
(b) sells or keeps or exposes for sale as foreign liquor,

knows or has reason to believe to be count1·y liquor, or
These words were added, by Born. 22 of 1960, s. 60.

2 Clause (e)was deleted, by B.om. 22 of l960, s. 6l(a).
} This word was substituted for the word "three" by Bom, 22 of 1960, s. 6.1 (b).
4 These words were substituted for the words "two lrnndrccl", by Born. 22 of 1960, s. 61 (b). ·
54 The Gujarat Prnhihition Act, 1949 Sec. 79
(e) marks the cork of any bottle, or any boitle, case, packages or other
receptacle containing country liquor, or uses any bottle, case, package
or other receptacle containing country liquor, with any mark thereon or
on the cork thereof with the intention of causing it to be believed that
such bottle, ease, package or other receptacle contains foreign liquor.
when such act shall not amount to an offence of using a false trade mark
with intent to deceive or i1~ure any person under Section 482. ol' the
Indian Penal Code, (XLV of 1860), or
(cl) sells or exposes for sale, any country liquor in a bottle, case or package
or other receptacle, with my .mark thereon or on the cork thereof with
the intention of causing it to be believed, that such bottle, case, package
or other receptacle contains foreign liquor, when snch act shal.l not
am.ount to the offence of sc!Iing goods marked with a cow1tcdeit trade
mm'k under Section 486 of the Indian Penal Code (XLV of or
(e) s.clls any intoxicant which is not of the nature, sul.1st;mc:e.
demanded by the purchasu· or or '""'"·"''"
\Vhieh is not of the nature, substance and quality ,n,1·11c,rr,,v1
of licence to by the of
,,( l)
Whenever any intoxicant, hemp, rnhowra tlowers or molasses arc 1nam1focturtd.
imported, exported, trnn,portcd, sold,, or are possessed by any person on acco1mt or
any other person and snch other person knows or has reason to believe that such
manufacture:, import, export, transport, sale or possession is, on bis account. the
intoxicant, hemp, mhowrn. flowet'S or n:olasses, as the case may be, shall, for the
purposes of this .Act, be deemed to heve been manufactured, imported, exported,
transported or sold by or to be in possession of such other person.
Sec.84 The Gujarat Prohibition Act, 1949
(2) Nothing in sub-section ( l) shall absolve any person from

punishment under this Act for the unlawful manufacture, import, export,
or possession of such articles.
81. Penalty for attempts or abetment-·whoever attempts to commit or abets the
commission of an offence under this Act shall, on conviction, be punished for such
attcrnpt or abetment with the same punishment as is provided for the principal offence.
NOTES
Penal.ty for attempts or abetment Ravibhai Bhangibhai 1\!fakwuw vi, District Magistrate 2009
LawSuit(Guj) 228
82 . Breach of licence, permit, ete, to an offence,-( l) In the event of any

breach by the holder of any licence, pcnnit, pass or authorisa'ion granted under this
l\ct or by his servants .or by any person acting with his express or implied permission
on his behalf of any of the terms or concli'.ions of such licence, permit, or
authorisation such ho.Ider shall, in addition .to cancellation or s11spension of
or authorisation granted to him be punished, on
a term which may to m.onths or with fine
or 1vith both, 1.t !S that
{)f
or with fine which rnay extend one

or both.
84, 'Whoever is found

drunk or drinking in a con1rnon drinking house or is found there present for the puqmse
of drinking shall, on conviction, be punished with fine which may extend to five
hundred rupees. Any person found in a common drinking hcn,cic during any drinking
The words "to defeat or frustrate the provisions ol' this Act, rules, regulation or order, or" were
deleted by Born. 26 of 1952, s. 37.
therein shall be presumed, until the contrary is proved, to have been there for the
purpose of drinking.
85. Penalty for befog drunk and disorderly behavimir.- 1[(1) Whoever, in
any street or thoroughfare or public place or in any place to which the public have or
are permitted to have access-
(1) is drunk and incapable oftaking care of himself, or
(2) behaves in a disorderly manner under the influence of drink, 2[*]
(3) is found dnmk but who is not the holder of permit granted under the
provisions of this Act or is not eligible to hold a permit under secti.on
40, 41, 3[46 or46A].
shall, on conviction, be punishcd,--
(i) for an offence under el ause (1) "[or clause Cl)],
(a) for a first offence, with imprisonment for a
extend to one month and with fine which l\V()
thousand rupees;
extend one one

tf-rr)l!"1
~~-'- - 0->.1·1c't 1·urf~pq·
1
x}v,.hty
was renumbered as sulVicction (1) of the said section by Bom. 26 of l s.

2 This word was inserted, by Bom. 26 of 1952, s. 38 (1).
3 There figures, words and letter were su.bstitutcd for the word and figures "or 46" by Born. 20 of
1955, S, 7,
4 These words, brackets and figure were inserted by Born. I 8 of 1953. s. 3 and Second Schedule.
5 Proviso dereted by Guj. 7 of 2005, dated 25'" February 2005 (w.cJ. l 7·02-2006).
6 Proviso deleted byGuj. 7 of 2005, elated 25'1,Febrnary 2005 (w.e.f. 17.02 .. 2006).
7 Proviso deleted by Guj. 7 of 2005, dated 25'''.Fdmiary 2005 (w.e.f. 17,02,2006).
Sec.88 The Gujarat Prohibition Act, l 949 57
I(***]
1[(2) In prosecution for an offence under sub-section ( l ), it shall be presumed until
the contrary is proved that the person accused of the said offence has drunk liquor or
consumed any other intoxicant for the purpose of being intoxicated and not for a
medicinal purpose. J
86. Penalty for allowing any premises to he used. for purpose of committing an
offence under Act-( l) Whoever, being the owner or occupier or having the use or
care or management or control of any place, knowingly permits it to be used for the
purpose of the commission by any other person of any offonce punishable under this
Act, shall, on convietion, be punished with imprisonment fi:1r a term which may extend
to six months or with fine which may extend to one thousand rupees or with both:
Provided that in the absence of special and adequate reasons to the contrnry to be
1nentioued in the judgment of the Court, the imprisonment shall not he less than three
months and fine shall not be less than five hundred rupees.
(2) lt shail be presumed untii eontriily i.s JJl'Oved, that a pcrS()n accused
ofii,nce sub,seetion ( 1) has cmnmittecl such offr:nce if the
t'ri:1'
,. t •;'l•'ll
>., ~
V 1orrs·
_. vs crint1·0.11
.. ( , "
""'·,,,,,,.,. to whorn it is the purpose of consuming liquor, intoxicating

op1um contravention of the provisions of this Act, or rule, regnlation or made
thereunder or any licence, permit, pass or authorisation granted under this Aet, he shaII,
on conviction, be punished with imprisonment for a term which may extend to
Proviso deleted by Guj. 7 of 2005, dated 25' 11 Februaiy 2005 (w,e.l'. 17--02-2006).
2 Sub-section(2) was added by Born. 26 of l 952, s, 38 (2).
3 These words were substituted for the word "medical practitioner" by Born. 12 of 1959, S, 10.
4 These words were substituted for the word ''·medical prnctitioncr'' by B0111. 12 of 1959, s. 10.
58 111e Gujarat Prohibition Act, 1949 Sec.89
months or with fine which may extend to six months or with fine which may extend to
one thousand rupees or with both.
89. Penalty for maliciously givrng false !nformafom.-Any person who
maliciously and falsely gives information to any person exercising powers under this
Act leading to a search, seizure, detention or arrest shall, on conviction, be punished
with imprisonment for a term which 1miy extend to six months or with fine which may
extend to one thousand rupees or with hoth.
90. Penalty for offences not otherwise provided for.- \Vhoevcr is guilty of any
wilful act or intentional omission in contravention of the provisions of this Act, or any
rule, regulation, or order thereunde1· or of any licence, pennit, pass or authorisation
granted under this Act, and if such act or omission is not otherwise made an offence
under this Act shall, on conviction, be punished with the imprisonment for a term
which may extend to six months or with fine which may extend to five imndrcd rupees
or with both,
( 1\
\ r J
<:}11 co1tvic:tto.n \T. )
66 for of Rn intoxicant, or sub section (I) or section or both ,,c,nct1v"
a person to simple imnrisomncnt J\.1r certain tenn, '[it 1nay], in lieu of such
im.prisonment, require such person to execute a bond with sureties containing such
conditions in such form as rnay be prescribed, for mndering such comrmmity service
and subjecting himself to such medical treatment for getting freed from addiction of
intoxic.ant as may be prescribed for the term of such imprisonment.
1 Section 92 inserted by Guj. 21 of 2003, dated 511 ' April 2003 (w.r.e.f. l 7-02-2006).
2 Substituted.for"it shall" by Guj. 7 of 2005, elated 25 11, February 2005 (w.eJ. !7-02-2006).
Sec.94 The Gujarat Prohibition Act, l949 59
(2) On execution of the bond under sub-section (I), the sentence shall stand
suspended and the person shall be released:
Provided that if the person com.mils breach of any condition of the bond, the
suspension of sentence shall stand cancelled nncl the sentence shall revive and the
person shall be arrestee! by any police officer without warrant and remanded to undergo
the unexpired portion of the sentence.
E\planation - Nothing in this section shall be deemed as granting of probation to
the offender.]
93, I)cmand of security for good helrnvlour,-( l) \Vhcnever a [***]} a District T
iV[agistrnte or Sub-Divisional. Magistrate] receives infornrntion that any person within
the local limits of his jurisdiction habitualty commits or attempts to commit or abets
the com1.nission of an offence punishable under this Act such Magistrate may require
such person to shovi cause why he shou le! not be orde1·ccl to execute a bond, ,vvith
sureties, fi.,r his good behavioul' for st1eh P.criod not exceeding three years as
P
[V'1Cb~,._
·,,,1· 0 tra·t·.S0 111·1y
--"'-. rl1·1·e·
... c·t , · •
(2) Tl]%;'; provisions of the Code of Criminal Procedure, l 898, (V of l
so as
rf'he \vords ·--Presidency tvtagistrate specially crnpcnvercd by the St~ac'. (.'roverrnncnt in behtdf ir1
1
(rrc:1tei· J3ornb(1y and el:-;c1Nherc, a I)istrlct Magistrate or Sub~ I)ivistonal tvfagistratc 1;vere sub~;tituted
'
for the \vords '·'Presidency Nfagistrate in ()renter l1on1bay and c\SC\Vh~!\\ a Ivfagistratc of (he first
ciass" by Bom. 2! of 1954, s. 3, second Schedule.
2 The words "Presidency Magistrntc specially empowered by the St,ltc Government in this behalf in
Greater Bombay and elsewhere," were omitted by the Gujarat Adaptalion of Laws (State and
Concurrent Subjects) Order, 1960.
3 These words and figures were substituted for "the last three preceding sections" by Born. 67 of 1953.
s. 3.
4 Inserted by the Bomlrny Prohibition (GnJarat Amendment) Act, 2009 (Gnj, 29 of 20H) datfd
02-12-2011.
95. Punishment for vexatious search, seizure or arrest-Any officer or person

exercising powers under this Act who--
(a) maliciously enters or searches or causes to be entered or searched, any
building or house or similar dwelling place; or
(b) vexatiously and unnecessarily seizes the property of any person on the
pretence of seizing or searching for anything liable to confiscation
under this Act; or
(c) vexatiously and unnecessarily detains, searches or arrests any person, or
(cl) in any other way malicious! y exceeds or abuses his lawful powers, shall,
on conviction, be punished with imprisonment for a term which may
extend to one year or with fine which may extend to one thousand
rupees or with both.
1
f96, fnr vexatious dday, .. Any officer N person """'''\~. . L,,,.u 6 nnw,,r,
Aet who vaxatiously and unnccessnrrly delays forwarding to a ''"'/J,!0u,c1es,
the ice station as required
..",L'.,\A.\ ·111·1(1'l' lj1
,; ,<;; ,,,;'1,• "!J•i(I
,, ,.• ,, (\'1
"'·
C\}Cn rn 1~;~_; 1(_} n
1) Whenever any oflence punishable
(a) any intoxicant, hemp, rnhowra flowers, 111o(asses, materials, still.

utensil, implement or apparatus in respect of which the offence has been
committed,
l This section was substituted for the original by Bum. 22 ot' 1960, s.62.
2 This word was substituted for the word "Crown" by the Adaptation or Laws Order, l 950.
See.99 The Gnjarat Prohibition Act, 1949 6l
(b) where, in the case of an offence involving illegal possession, the

offender has in his lawful possession any intoxicant, hemp, mhowra
flowers or molasses other than those in respect of which an offence
under this Act has been committed, the enti1'e stock of such intoxicant,
hemp, mhowra flowers or mobss~s,
(c) where, in the case of an ofTe11ce of illegal import, export or transport,
the offender has attempted to import, export or transport any intoxicant,
hemp, mhowra flowers or molasses, in contravention of the provisi"ons
of this Act, rule, regulation or order or in breach of a condition of
licence, permit, pass or authorisation, the whole quantity of such
intoxicant, hemp, mhowrn flowers or molasses which he has attempted
to impoti, export, or transport,
(d) where in the ease of an offence ol' illegal sale, the offonc!er has in his
lawful possession any intoxi.cant, hemp, rnhow1·a Clowers or molasses
other than that in respect of an of:fcr1ce has been committed,
whole of such other intoxiciint, hemp, n1howrn flowers ;ir molasses,
shaH be con fisc/Hecl by order of the Court.
(Jr HT cnse of an_y article {Jt:her

munr, or molasses the o,vncr an option to pay
e1ecms fit in lieu of confiscation:
Provided that no anirnals, cart, vessel, vchlc!c or other conveyance shal.l be
confiscated if the mvner thereof satisfies the Court that be had exercised due care in
preventing the commission of the offence.
! Added by the Jlombay Prohibition (Gujarat A.mrndmrnt) Ad, 2009 (Gnj. Z9 of 20H) dated 02·
12-2011.
62 The Gujarat Prohibition Act, 1949 Sec. ! 00
100, Procedure in confiscation.-\Vhen an olTcncc under this Act has been

committed and the offender is not known or carmot be found or when anything liable to
confiscation under this Act is found or seized, the 1[Director], Collector or any other
officer authorised by the' [State] Government in this behalf may make an inquiry and i ('
after such inquiry is satisfied that an offence has been committed, may order the thing
found to be confiscated:
Provided that no such order sha[l be made before the expiry of one month from the
date of seizure, or without hearing 3[thc person, if any, claiming any right thereto] aml
the evidence, if any, which he produces in support of his claim.
I Ot Power of Collector etc. to order sale or destruction of articles 1rn.n1e

eonfiseation.--If the thin~; in question is liable to speedy and natural decay, or if the
'[Director], Collector, 5 [Court] or the officer authorised by the 6[State] Government in
this behalf is of the opinion that the sale woul.d be for the benefit of the owner, the
'[Director], Collector, '[Court] or the olTtccr may at any ti.me direct it to be sol.d and
provisions of section 99 or ! 00 shall apply so far as may be to net the
sale:
'TProvidccl that, where anything is liable to
OJ' the officer co.11ec::n.1
2
person can any
4 1.vord '\Vas substituted for the \vord ;,,C~ornn:fssioner' by l3orn,

1
of l 950~
5 ~rbis 1,vord \vas sub;:;tituted f{)r the \Vorel ·'tvfr1gl:-;trate" by Bon1. 2-1 oft 954, s. 3) Second Schedule.
(i This word was substituted for the word "Provincinl" by the ;\dapt,1tion ol'Laws Order. 1950
7 This word was substituted for the word '·Commissioner" by B0111. 28 01· I950, Sch.
8 This word was substituted for the word "Magistrate" by Born. 21 ol' 1954, s. 3, Second Schedule.
9 This proviso was substituted for th.c original by Bom. 22 of 1960, s. 64.
10 This word was substituted for the word '·commending" by Bom. 26 or· 1952, s. 39.
12 The word "commending" deleted by Bom. 26 of 1952, s. 39.
13 This word was substituted for the word "Provir:cial" by the Adaptation of Laws Order, 1950.
Official Gazette, declare every copy of such newspaper, news-sheet, book, leaflet,
booklet or other pnblication whether printed or published in the '[State] or outside to be
forfeited to '[the State Government}, and thereupon any Police Officer may seize the
same wherever found in the ·'[State]. Any Magistrate may by warrant authorize any
Police Officer not below the rank of Sub,lnspector to enter upon and search for the
same in any premises where any copy of such issue or any such newspaper, ncws-
sheet, book, leaflet, booklet or other publication may be 01· may be reasonably
suspected to be. Every warrant issued under this section shall be executed ii1 the
manner provided for the execution of search warrants under the Code of Criminal
Procedure, 1898 (V of 1898).
(2) The declaration of the '[State] Government under this section shall be final and
shaH not be questioned in any Civil or Criminal Court.
Hl3. Presumption as to cmnmissfon of offonces in eertain eases,-( l) In
proscnrtions under any of the provisions of this Act, it shall be prc:mmecl without
further evidence until the contrary is proved, fli:1.tthe.accusccl pc1·so1i has committed an
oncnc:c under this .Act in respect of any intoxicnnt, hemp, n1.howra flowers or molasses
Lttensil, irnplement or apparatus, v,hatsoever for rnanufaeture
materials which
,vo1d \Vas substituted for the \Vords ,:"prc~fZc:organisation of Bornbav,

transferred by l3orn. 12 oft 959 s, 3
1
') These words were substituted for the words "His Majesty" by the Adaptation of Laws Order, 1950.
3 'fhis \Vord >cvas substituted for the \vorc[s ''prc--T\corganisation State of l3on1bay, excluding the
trnnsforred territories" by Bom. 12 of 1959, s. 3 "
S The words "as arc ordinarily used in the nmnufacture of such intoxicant" were deleted by Bom. 22 of
1960, s. 65(a),
6 These words were inserted by Bom. 20 of 1955, s. 8,
7 Sub-sectioti. (2) was deleted by Born. 22 of 1960, s. 65(b).
8 Sub-section (2} was inserted by Guj. 9 of 1.978, s. 1.0.
64 The Gujarat Prohibition Act, t 949 Sec. l 03A
manufacturing liquor or an intoxicating clrng shall be on the accused person and the
Court shall, in the absence of such proo( assume to the contrary.]]
103A. [Report of certain registered medical officers as evideneej .• JJeleted by
· Born. 12 of 1959, s. 12.
104. Componnding of offences.-( t) The 1 [State J Government may sanction the

acceptance from any person whose licence, permit, pass or authorization is liable to be
cancelled or, suspended under the provisions of this Act or who is reasonably
suspected of having cmmnitted an offence under sections '[69, 70, 77, 82 mJ l08, of a
sum of money in lieu of such cancellation or suspension or by way of compositkm for
the offence which may have been committed, as the case may be and in aH cases in
which any property other than the intoxicant, hemp, mhowrn flowers or molasses have
been seized as liable to cc,nfiscation under this Act may release the same on payment
of the value thereof as estimated by the '[State] Government or such officer as the
1
• [State} Government may authorize in this behalf:
Provided that where a person ,vho is reasonably suspected of lwving

an sections 5[69, 70, orJ I 08, is not the holder
This wore! was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2 These figures and word were inserted byBom, 26 of! 952, s. 40,
3 This word was substituted for the word "Provincial" by the Adaptation of Laws Order. !950.
5 These figures and words W\TC inserted by Born. 26 of 1952, s. 40.
6 This proviso was added by Born. 22 of 1960, s. 66.
Sec. [05 The Guiarat Prohibition Act, 1949 65
'[104A. Bombay Probation of Offenders Act, 1938, and Section 562 of Code of
Criminal Procedure, 1898, not to apply to persons convicted of offence under this
Act-Nothing in the Bombay Probation of Offenders Act, 1938 (Born. XIX of 1938), or
:[ in any law corresponding to that Act in force in any part of the State or in the
Probation of Offenders Act, 1958, (XX of 1958), where that Act is brought iuto force
in anypart of the State or inJ section 562 of the Code of Criminal Procedure, 1898 (V
of 1898)', shall apply to any person convicted of any offence ,mder this Act]
CHAPTER V!U
EXCISE DUTIES
H)5. Excise Dutfos.-·'[(1) An excise duty or countervailing duty, as the case may
be, at such rate or rates as the 5 [State] Government shall direct may be imposed either
generally or for any specified loeal area on-
(a) any alcoholic liquor for human consumption.
any intoxicating drug ('[or hcrnpJ,
opiuin,]
excisable artidc,1
or or
s. 4.
""'""" v;ere r;sc,·r,·,1 by I3orn. l 2 of i s. 13.
·3 of(:rirnina! Proccdun\ l.973 (2 of 1974-).
4 1.05 \Vas renutYibcrcd as sub~scctlon {!) by the i\daptrttion ofI,r.nvs Order~ 1950.
5 This word was substituted for the word "Provincial", by the Adaptation of Laws Order, 1950.
6 These words were added by Bom. 22 of 1.960, s. 67 (a).
7 This clause was substituted for the original by Born. 22 of 1960, s. 67 (/JJ,
8 These words were substituttc! for the words and f1gmcs "in accorclance with the provision contained
in Chapter IV of this Act" by Bom. 26 of 1952, s. ,1 L ·
9 This word was substituted for the words "Prc-Rcorganisatiou State of Bombay, excluding the
transferred territories" by Bom. 12 of 1959, s. 3.
10 These words were substituted for the words "the Dominion of India" by the Adaptation of Laws
Order, l 950.
11 These words were added by Born. 22 of 1960, s. 67 (c).
66 The Guiarat Prohibition Act, 1949 Sec. 106
ExplanWion. -Duty may be imposed under this section at different rates according
to the places to which an excisable article is to be removed for consumption or
according to the varying strengths or quality of such article.
1['[(2) All notifications or orders issued under sub-section (l) shall be laid for not
less than thirty days before the State Legislature as soon as may be after they are issued
and shall be subject to such modifications as the State Legislature may make during the
ses~ion in which they are so laid or the session immediately following.
(3) Any modification so made by the State Legislature shall be published in the
Official Gazette and shall thereupon take effect].
106, IVfanner of levying excise dutfos.-Subject to any regulations to reguiate the
tiine, plaee and manner of payment made by the '[Director] in this behalf: the duties
referred to in Section l 05 may be levied i.n one or more of the following ways
(a) In the case of an excisable article imported,
(i) by payment either in the ,r[StateJ at the time of
the 5[State] or of at tl.ic time
(."\
\Ji)
lD.
Sub,seetion (2) was deleted by Bombay 12 of 1959, s. 14.

2 (2) and (3) were added by Guj. 9 of 1978, s. l I,
J This word was substituted for the word "Commissioner'' by Bom. 28 of 1950, Sch,
4 This word was substituted for the words "pre,Reorganisation State of Bombay, excluding the
transferred territories" by R,irn. 12 of 1959, s. 3.
5 This word was substituted for the word "Provincial" by the Adaptation of'Laws Order, 1950.
6 This word was substituted for the words "pre,Reorganisation State 01· Bombay, excluding the
trnnsforred territories" by Bom 12 of ! 959, s. J,
7 This word was substituted for the word "Provhcial" by the Adaptation of Laws Order. f950,
Sec. 107A The Gujarat Prohibition Act, l 949 67
(i) by a rate charged upon the quantity produced in or issued from

the distillery or brewery, as the case may be, or issued from a
warehouse established or licensed under this Act, or
(ii) by a rate charged in accordance with such 1[scale of equivalents]
calculated on the quantity of materials us.eel or by the degree or
attenuation of the wash or wort, as \hi/ case may be, as the
1
[State] Government may prescribe:
(C) in the case of intoxicating dmgs Jnanufactured )[in the .;[Staten by
payment upon the quantity produced or 1.nanufacturcd or issued from a
warehouse estab!.ished or licensed under this Act:
Provided that, where payment is made upon issue for sale from a warehouse
established or licensed under this Act, such payment shall be at the rate of the duty in
frircc at the date of issue from the warehouse:
Provided forther that ·where one and the same person is permitted-·
(i) to ni.amrfactmc or import and. to.sell, or ·
to manufacture and export,
duty be 111
within such period and in such

, .. u.wc•,,1u.1.
prescribed, a declaration of quantity of such
i These words we1·c substituted for the words "sale of equivalents" by Born. 22 of 1960, s. 68.
2 This word was substituted for the word "Provinci:il" by the Adaptation ol'Lmvs Order, 1950.
3 These words were substituted for the word "in pursuance or' a liccucc granted under this Act" by
Born. 26 of .I 959, s. 42.
4 This word was substituted for the words "Prc . tzcorganisatio;1 State ol' Bombay, excluding the
trnnsforrcd territories" by Born. 12 of 1959, s. 3.
5 · Section 107 was inserted by Guj, 9 of 1878, s. 12.
6 Section 107A and 107B were inserted by Bom . 26 of 1952, s. 44.
68 The Gujarat Prohibition Act, l 949 Sec. l 07B
possession on the importation or manufacture of the said article, as the

case may be;
(b) maintain accounts of the articles in such form and submit such returns
as may be prescribed.
107B. Power to obtain informatioll and to search and seize excisable articles.·
(l) The Collector or any officer empowered by the State Government in this behalf
may, subject to such conditions as may be prescribed,
(a) by order require any person liable to pay any excise duty of foe under
this Chapter to furnish him with any information or to produce before
him any accounts or other documents concerning any excisable article
as may be necessary, for the purposes of this Chapter;
(b) inspect at all reasonable homs the accounts or other documents relating
to the stocks of any excisable article imported or manufactnred,
stored in respect of which such duty or fee has been paid or is payable
and any place where such article is manufactured or stc)re,:l:
recorded in '.vriting,
j ,,,.·t·
,,L.:l
1 (}f
on conviction, be punished with irnprisonm.cnt for a term which

mcmtl'is or with fine which may extend to one thousand rupees or with both.
108, Penalty for of etc., without paynient of dnty.-Whocver

2
imports, exports, transports, possesses, sells] or manufactures any intoxicant or hemp
[
1 These words were added by Bom. 22 of 1960, s. 70.

2 This word was inserted by Bom. 26 of l 952, s. ,f 5(1).
1
without the payment of duty or fee provided for under this Act shall, on conviction [in
addition to being required to pay such duty or fee, be punished with imprisonment for a
tenn which may extend to one year or with fine which may extend to one thousand
rupees or the amount of such duty or fee, whichever is greater, or with both.
HJ<J,l)nty on tapping of toddy trees.-([) For every toddy producing tree '[which
is tapped or licensed.to be tapped or in respect of which a licence for drawing toddy
therefrom is granted] there shall, if the 1[State] Government so directs, be levied for
any period during which such tree is tapped or licensed to be tapped, such duty as the
''(State] Government may from time to time direct.
(2) Every licence '[for the tapping of: and drawing toddy from, toddy-producing
trees] granted under this Act shall specify in addition to any other particulars
proscribed under the provisions of this Act or rnlcs and regulations·-
(a) the number, description and situation of the trees to be tapped,
(b) the amount of duty to be levied i'ifrespcct of each tree, ·
(c) instalments, if any, in which ,md the period at which the
','l·.1,1.ll
,, ,,, 'it'v'·,h!,·
.. ~, Jc.v .. v,
the right to \\. hich

1
portion was substituted for the portion beginning with the words "be liable to th\, same
punishmenb" and ending with the words "of this Act", by Bom, 26 of 1952, s. 45 (z).
2 These words were substituted for the words "from which toddy is drnw:i'' by B0111. 22 ofl 960, s. 71
(a).
3 This word was substituted for the word ''Provincial" by the Adaptation of Laws, Order, 1950,
4 This word was substituted for the word "Provinci:,I'' by the Adaptation ol' Laws, Order, J950,
5 These words were substituted for the words "to draw toddy" by B0111. 22 of 1960, s. 71 (b).
6 These words were substituted for the wm·ds "for the drawing of toddy" by Dom. 22 of 1960, s. 72.
7 This word was substituted for the word "Provincial" by the Adaptation of Laws, Order, 1950.
70 The Gujarat Prohibition Act, t 949 Sec. 113
Government may be disposed o[' 1['1 ] by auction or otherwise on such terms as the
Collector deems fit.
113. {Rnles for levy of duty on opium, etc.J.-Deleted by Born. 22 of 1960, s. 74.
2
[114. Recovery of duties, etc. ·(l) All duties, taxes, fines (except fines imposed
by a Court) and fees Ieviablc under any of the prnvisions of this Act or in respect of
any lieenee, permit, 1;ass or authorisation granted under it, and the eost ·of the
supervising staff appointed under section 58-A,. may be recovered from any person
liable to pay the same or from his surety, if any, as if they were arrears of land revenue.
(2) ·when any person, in complianec with any rule, rngulation or order made under
this Aet, gives a bond (other than a bond under Scetion 91 or 93) for the performanc,:
cf an act, or for his abstention from any act, sueh performance or abstention shall be
deemed to be a public duty within the meaning of section 74 of the Indian Contract
Act, 1872 (XI of 1872); and upon breaeh of the eonditions of such bond by the
whole sum named therein as the ammmt to be paid in case of
from him or from his surety (if any) as if it were ,.m arrear
"fhe -i1vord ,;\rnnuaHy' 1Nns dc!etcd by Bont 22 of 1960, s, 73,

1
1
2 This section was substituted for the original. by Born. 2'.! o[' l 960. s.
3 This section was substituted for the original by 13om. 22 of' 1960, s. 76.
4 the Bombay Prohibition (Gujarat A1mn1dment) Act, 29 201 n
dated 02- U<W 1L
5 The words "any Presidency Magistrate or" were omitted by the Guj,1rnt Adaptation of Laws (Stak
and Concu'rrenl Subjects) Order, 1960.
6 Inserted by the Bombay Prohibition (Gujarat Amendment) Act, 21l09 (Guj. 2'l of 2011)
02·12-ZOH.
7 lmer!ed hy the Bombay Prohibition (CuJarat Amendment) Act, 2009 (Guj. 29 of 200) elated
02-12-ZOU.
Sec. 116B The Gujarat Prohibition Act, 1949 7l
'[USA. Venue of trial of offence of cQnsumption of intoxicant or hemp.·

Notwithstanding anything contained in Code ol' Criminal Procedure, l 898 (V of 1898),
an offence of consumption of any intoxicant or hemp specified in clause (b) of sub-
section (l) of section 66, may be tried by the Magistrate having jurisdiction either at
the place in which the offence was actually committed or at any place in the State in
which the offender may be found.]
116. Procedure to be followed by Maglstrates.-ln all trials for offences under
this Act, the Magistrate .shaLl follow the procedure pcescribcd in the Code of Criminal
Procedure, 1898 (V of 1898), for the trial of summary cases in which an appeal lies,
2
{H6A, Tender of panlon to accompfa:c.-(1) \Vhcncv<cr two or more persons arc
prosecuted for an offence Ltnder this Aet, '*** any Magistrnte of the First Class may, at
any stage of the investigation or inqui1y into or the trial of offonce, with a viev/ to
obtaining the evidence of any person· supposed to have been directly or indirectly
concerned in, or privy to the offence, tender.a pardon to such person on °0 n·"'"'"'"
his a full and true disclosure ofnll fncfs vvithin his knowledge 2,;;;,,cn,,
who tcnde:,·s a
any of unlawthl possession of liquor under this Act, it is proved

accused person was iri. the possession of nny sealed bottle bearing the original
This section was inserted by Guj, 16 of [964, s. 3.

2 This section was inserted, by Dom. 22 of 1960, s. 77,
3 The words "a Presidency Magistrate or" were omitted by the Gujnrat ;\daptation of Laws (State and
Concurrent Subjects) Order, 1960,
4 Section 116-B was inserted by Guj. 9 of 1978, s. 13,
72 The Gujarat Prnhibition Act, I949 Sec. 117
indicating the name of any known brand ol' spirits, s11ch as whisky, brandy, rum, gin,
club .cup, liqueurs, milk punch, or of wines such as ~hnmpagne, mosellc, burgundy,
chianti, white wines, clarets, hocks, ricsling, meccira, ginger-wine, port type., porl
vermouth, sherry wincarnis, vibrona, manola, buckfast, tonic-wine or of fermented
liquors such as ale, beer, milk-stout (porter), cider, and the name of its manufacturer it
shall be presumed that the accused person was in possession ofliquor.]
1[116C, Duty to send sample to. laboratory,- It shall be the duty of the
Prohibition Officer or the Police Officer who has seized any liquor to forward
immediately without any Joss of time the sample of the same to the Forensic Science
Laboratory of the State for detailed analysis report.]
117, Iuvcstlgatl.ons arrest, searches, etc,, how to be made,-Save as otherwise
expressly provided in this Act, all investigations, arrests, detentions in custody and
searches shall. be made in accordance with provisions of the Code of Crhninal
Procedure 1898 (V of 1898).
Provided '[***] no seacch shall deemed to be itko:a!
,~- bv., reason onlv
~
\:vit11esses the search \Vere iuhabitants of locality in the
shaiJ, by ntlcS, m·,,cn1I"'

j()\,l(;rilnlCUt
mav ••
cGnsidered suitable beini.; included in anv such list, the
"" ,.I
preparing, publishing and maintaining such list and the period for
1 by Bombay Prnhibithrn (Gnjnrnl AnmHlment) 2009 (Guj. 29 of 2011)

02-!Z.,2Ult
2 The words beginning with the words "in any local area" and ending with the words "Stale
Government" was deleted by Bom. 26 of 1952, s. 46.
3 Section l 17-A was inserted by Guj. 9 of l 978. s. 1-i.
Sec. 120 The Gujarat Prohibition Act, .1949 73
preparing, publishing and maintaining such list and the period for which such list shall
remain in force.
(3) Every person whose name is included in such list shall, when so required by a
prohibition officer or a police officer, be found to serve as a pancha witness.]
1
f1l8. Procedure of Code of Criminal Procedure relating to cognizable
offences to apply.-ln the absence of any provision to the contrary in this Act, the
provisions of the Code of Criminal Prnccclure, · l 898 (V of l 898) with respect to
cognizable offences shall apply to offences under this Act.
119. Certain Qffonces to be iwn-ballablc.-Offenccs under '[sections 65, 65A, 67,

67-!A and 68] shall be non-bailabl.e].
Po,ver of entry and inspeetfon,-Thc Director, Collector or any Prohibition
Officer duly empowered in this behalf hy the Sttte Government, or any Police Officer
(a) any time by day & by night, any warchmrnc, godown,

pretniscs, house, building, vessel, vehicle or place
rCaf;on bel icvc that
commission of any offomcc under this Act; '[*]
These sections were substituted for the original by Born. 22 of 1960, s, 78.
2 Substituted for "seclinm 65, 67, 67-lA and 68" by the Bombay l'rnliH,ition {Gujarat
Amendment) Act, 2009 (Guj, 29 of ZOU) dated 02-12·.ZH! l.
3 This S(sction was substituted for the original, by Born. 22 ol' 1960, s. 79.
4 The word "and" was omitted by Guj. 16 (rl' 1964, s. 4 (l).
74 The Ciujarat Prohibition Act, 1949 12 l
1
[(cc) destroy any earthen pot or other receptacle found hanging on a toddy
producing tree, if he is satisfied that the person by whom or on whose
behalf the pot or receptacle is so hung is not known or cannot be found
and he has reason to believe that an offence specified in clause (c) or (d)
of sub-section ( l) of section 66 is committed; and]
(d) detain and search and if he thinks proper arrest any person whom he has
reason to believe to be guilty of any offence under this Act.]
121. Power to open packages etc. -(I) Any Prohibition Officer duly empowered
in this behalf by the '[State] Government or any Police Officei- may open any package
and examine any goods and may '[stop and search] for any intoxicant, hemp, mhotvrn
flowers, or molasses any vessel, vehicle or other means of conveyance "'[and may
any intoxicant, hemp, mhowra flowers, molasses or any other thing liable to
eonfiseation or forfeiture under this Act or any other law for the tirne being in force
relating to excise revenue fund while making such search.I
(2) The unloading and carrying of goods, the bringing of them the plac,,
the opening and
made! this '"''';,.,,,
tvas inserted by Ciuj. th of 1964) s. 4(2).

1
2 This word was substituted for the word '·Provim:iai' by the J\claptation of Order. 1950.
3 These words were substituted for the words "stop or search" by Bom. 22 of 1960, s. 80 (a).
4 words were added by Born. 26 of 1952, s. 47.
5 These words were substituted for words '\m; 11c;cessary to be made" by Born. 22 of 1960, s. 80 (b)(i).
6 These words were substituted for the words "for deposit" by Bom. 22 of 1960., s. 80 (b)(ii).
7 These words were substituted fo,· the words "10 a place appointed by the District Magistrate or the
Commissioner of Police, Bombay" by B0111. 22 of' 1960., s. 80(c).
8 These words were substituted for the words "in Greater Bombay by the Commissioner of Police.
Bombay" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Orders, 1960.
9 This sub-section was substituted for tile origimd, by Born. ol' I960, ,;, 80 (cl).
'[122. Power to require production of lkcnces.-(1) The Director or Collector or

any Prohibition Officer duly empowered in this behalf by the State Government or any
Police Officer may-
(a) require a licensed manufacturer or vendor or tapper or drawer of toddy
or a person in the employ of such manufacturer or vendor or tapper or
drawer of toddy or acting with his express 01· implied permission on his
behalf to produee the licence, permit, pass or authorisation issued under
this Act under which he catTies on the manufacture, storage or sale of
any intoxicant, hemp, mhowra flowers or molasses or taps, toddy-
producing trees or drnws toddy therefrom;
(b) enter and inspeet, at any time by day or by night, any land on which
toddycprodueing trees arc growing, vvhcthcr such t1·ccs arc licensed lc,r
tapping (1r not, and any warchou,:c, goctown, shop or premises in which
any licensed manufacturer or ve;ndor manufactures, stores, or scils
intoxicant, hemp, mhowrn l]'o'ivers or n1olasscs ahd examine,
nicasure or weigh any stock of any such artidcs or cause sucl1
to measured or weighed.
r\ I·,!;
\\tithout \Vlt(Ytrt he reason

guilty of an offonce under this Act;
(b) and detain any intoxicant hemp, rnhowra f1owcrs or molasses or
other articles which he has reason to believe to be liable to confiscation
or forfoiturc under this Act 3[ and seize any document or other artide
This section was substituted for the original by B0111, 22 of 1960. s.

2 This word Wils substituted for the word ''Provincial'' by Adaptation of Laws Order, 1950.
3 These words were added by Born, 22 ol' 1%0, s. 82.
7G The Gujarat Prohibition Act, 1949 <;;c,,, [ ,-"t
W~/\,1,
) cl
which he has reason to believe may furnish evidence of the commission

of any offence under this Act.
(2) Any Prohibition Officer al!lhorised by the 1[State] Government under this
section who mTcsts any person under clause (a), or seizes and detains any article under
clause (b), of sub-section ( l) shall forward such person or article, as the case may be.
without unnecessary delay to the officer-in-charge of the nearest Police Station.
124. Power to obtain information.-( 1) The "[Director] or Collector or any
Prohibition Officer specially empowered in this behalf by the ;[State] Government or a
Police Officer may, by order require any person to furnish to any sIJecified authority or
person any such information in his possession concerning any intoxjcant, hemp,
mhowra flowers or molasses as may be specified in the order.
(2) If any person fails to furnish any information in eornpliancc with the order
made under sub-section (l) or furnishes false information. he shall, on conviction
punished with imprisonment G.ir a term which may extend to six months or
which may extend to five hundred rupees or with both.
him.
l This word was substituted for the word ''Provinci,d'' by Adaptation ofL1ws Order, 19.50.
2 This word was substituted for the word "Commi:,sioner" by Bom. 28 of l 950, Sch.
3 This was substituted for the word "Provincial" by A.daptatioi1 of Laws Order, 1950.
4 This word was substituted for the word ''Commissioner" by Born. 28 of 19.50, Sch.
5 These words were substituted for the word "confiscation" by Born. 22 of 1960, s. 83 (a).
6 These words were added, by Born. 22 of 1960, s. f:3(a).
7 These words were substituted for the words '·any od1cr thing". by Born. 22 of 1960., s. 83(b).
126. Arrest without warnmt.-The '[Director], Collector or any Prohibition
Officer duly empowered in this behalf by the '[StateJ Government or any Police
Officer may arrest without an order from a ]Vfagistrate and without warrant any person
who obstructs him in the execution of his duties under tl1is Act or who has escaped or
attempts to escape from eustocly in which he has been or is h:'.·. fully detained under this
Act.
i.27. Arrest of offenders failing to give 1rnmcs.·( l) vVhen any person who in the
presence of the 3[Director], Collector or any Prohibition Officer not below such rank
as the .r[State] Government may determine, has committed or has been aeeused of
committing an offence under this Aet, refoses on demand of such officer to give his
name and residence or gives a name and residence which such officer has reason to
believe to be false, he may be arrested by such officer, in order that his name or
residence, may be ascertained.
(2) \Nhen the true name and residence of such person have been ascertained., he
shall he retcascd on his executing a bond ,.vitin1rwithout sureti.es, to appear before 5[a
Magistrate having jurisdiction] so requirfal:
that person is not in ''[Indi.a L the bond shall
of l
\vas the \Vord ;"Provincinr' by /\daptHion of Ltnvs Order) 1950.
3 ;,vord \Vas for the \vord ''C'.orrtrr1issioncr by Boin.
1
' of l 95(\ Sch.
4 This was substituted for the word "Provincial" by 1\d8ptntion of Liws Order, 1950.
5 ·rhcse vvords \Vere substituted f~1r the \Vords "a fvfc1gi:-;tratc'~ by !3oin. 2 l of 1954 s. ] Second
1 1
Schedule.
6 This word was stibstituted for the words "thcJ)ominion of!ndia" by the Adaptation of Laws Order
1950.
7 This word was substituted for the words "the Dominion of India" by the Adaptation of Laws Order
1950,
9 The words "or in Greater Bombay, a Deputy Commissioner of Pol ice or Superintendent of Police in
charge of a Division" were omitted by the Gujarat Adaptation ofLmvs Order, l950.
78 The Gujarat Prohibition Aet, l 949 Sec. 128A
Police or an Assistant or Dcpllty Superintendent of Police specially empowered by the

1
[State] Government in this behalf may issue a warrant--·
(a) for the arrest of any person whom he has reason to believe to have
committed an offence under this Act or any other law relating to the
excise revenue for the time being in force;
(b) for the search whether by clay or by night of any building, vehicle or
place in which he has reason to believe that any intoxicant, hemp, >:»:
ij
mhowrn flowers oi- molasses are manufactured or sold, or stored or that
any toddy is drawn contrary to the provisions of this Act or that any
intoxicant, hemp 1[mhowra flowers, molasses] or other thing liabl.e to
confiscation or forfeiture, under this Act or any other law for the time
being in force relating to the excise revenue is kept or concealed '[and
for the seizure. of such intoxicant, hemp, 5'n rnhowrn flowers, molasses
or such other thing found in such building, vehicle or place].
(2) All warrants issued under sub,scction (J) shall be executed in aec:or,Jm1cc
the provisions of Code of Criminal. !,rocedurc, 189ft (V of 1898),
or a Prohibition Officer duly c1npuwercd in this buhalf OT the
l1·y
'
?!·)\'
tk·f
\Vas substituted for the \Vord -"Provlncia!)l by i\daptaLion of Lai,vs (State and (~oncurn:rli.
Subjects) Order, 195(L
2 word "opium" was deleted by Born. 22 of l 960, s. 84.
3 'fhesc _\vords \Vt~re;: substiiuted for the \Vords ;·or opiurn by Boin. 22 of l 960,) s, 84.
1
'
4 These words were insened by Born, 26 of 1952, s. 48(2).

5 The word "opium'' was deleted by Bom, 22 of l 960, s, 84,
6 Section 128A was substituted fot' the original by Bom. 22 of 1960, s. 85.
7 Tlwse words were substituted for the words "denatured spi1'itl1ous preparntions" by Guj. 9 of l 8978,
s. 15.
8 This word was substituted for the word ''Provinci:d" by Adaptation of Laws Order, l950.
See. l29A The Gujarat Prohibition Act, 1949 79
(V of 1898), upon an officer-in-charge of a police station for the investigation of

cognizable offences.
(3) Any Prohibition Officer; to whom sud1 officer is subordinate may, during the
course of the investigation, take over the investigation himself or direct any other
Prohibition Officer duly empowered to conduct the same. The officer in conducting the
investigation shall have the same power under sub-sections ( l) and (2) as if he were the
Prohibition Officer appointed for the area or fo1· the purpose of investigating the said
offonces.
(4) IC the Prohibition Officer conducting the investigation is of the opinion that
there is no sufficient evidence or reasonable ground of suspicion to justify the
forwarding of the accused to a Jviagistrnte, or that the person arrested may be
discharged with a warning, such officer shall 1·elcase him on his executing a bond with
or without sureties, to appear, if and when so required, before a Magistrate empowered
to take cognizance of the offence and shall tnake a full re poet of the case to his official
superior and be gui.ded by the order which he shalLreccivc on such report
(5) The of any officer empowered under this section shaH
1
, "'ma. niodifications or restrictions as the [State] (iovcrnrncnt
to
co1nstumxiany intoxicant and to forward
test to the Chem.ica! Examiner or As:,istant r 'h,,,,,, Exammr,r to
0
or to such other officer as the State Government may appoint m th.is

behalf.
(2) The registered medical prnct1t10ncc, before whom such person has been
produced, shall cxamino such person and collect and forwMd in the manner prescribed
the blood of such person and furnish to the officer by whom such person has been
l·1
( This word was substituted for the word "Provincial" by Adaptation ol'Laws Order, 1950.
:I 2 Sections l29A and 129B were inserted by Bom. 12 of i 959, s 16.
l
ii
!!".},
:{
l
80 The Chtiarnt Prohibition Act, l 949 See. l 29B
produced, a certificate in the prescribed form containing the result of his examination.
The Chemical Examiner or Assistant Chemical Examiner to Government, or other
officer appointed under sub-section ( l) shall certify the result of the te;it of the blood,
f0rwarded to him, stating therein in the prescribed form, the percentage of alcohol and
such other particulars as may be necessary or relevant.
(3) If any person offers resistance to his production before a registered medical
practitioner under sub-section (l) or on his production before such practitioner to the
examination of his body orto the collection of his blood, it shall be lawful to use all
means reasonably necessary to secure the production of such person or the examination
ofhis body or the collection of blood necessary for the test.
(4) If the person produced is a female, such examination shall be carried out by.
and the blood shall be collected by or under the supcrvis ion of, a fe.ma!c registcrncl
medical practitioner authcJriscd by general. or special order, by the State GOV\!Um.,cnt i.n
this behalf: and any examination of the body, or collection oC blood, of le
shal.J be carried out or made with strict reg,1\·d to decency.
(5) Resrntam;c to production bcfrxe a registered medical
exam:im1t1cm of the body umicr section or to the co.tle(;t1cm
cte,mu:cl to au an Section I
or as
document pm1Jorting to be>
a certifica:" under the h:rnd of a registered medical practitioner, or th,:
Chemical Examiner or Assistant Chemical Examiner to Government,
under Section 129A or of a11 officer appointed under sub-seetion ( l) of
that section, or
fo) a report under the hand of nny registered medical practitioner, in any
.hospital or dispensary maintained by the State Government or a local
authority or any other r~gis,cred medical practitioner authoris.ed by the
Sec. l32 The Gujarat Prohibition Act, l 949 8t
State Government in this behalf, in respect of any person examined by

him or upon any matter or thing duly submitted to him for examination
or analysis and report,
may be used as evidence of the facts stated in such certificate, or as the case may be, report, in
nny proceedings under this Act; but the Court may if it thinks fit, and shalt, on the application
ol' the prosecution or the accused person, summon and examine any such person as to the
subject matter of his certificate or, as the case mny be, report.]
130. Arrested persons and things seized to he sent to officer in,chargc of

pGlicc station.-Evcry person arrested and thing seized by a P1:plribition Officer under
this Act, shall be sent to the officer-in-charge of the nearest Police Station 1(01: to any
other officer duly empowered under Section 129 if the Director in any particular case
has directed such officer to conduct the investigation of the offence].
131. Bail by frohihithm .-( l) Any Prohibition Offiocr empowered to

investigate an offence under this A.ct shall have power to grant bail in accordance 1.vitb
the provisions of the Code of CriminalProceclure, 1898 (V of 1898) to any person
arrested without a warrant for an oflbnce this
ofv\0.\/,Ul\O
(c) if no offence appears to been committed shall return it to

pcr:mn from whose possession it was taken.
This portion was added by .Bom. 22 of 1960, s. S6.

2 These words were subsdtutcd for the words "When anything has been seized by a Prohibition Officer ·
other than the Collector or Di recto,· under the provisions ol'this Act'' by Boin. 22 of 1960, s. 87.
82 The Gujarat Prohibition Act, ! 949 Sec. I
133, Duty of '!Officer of the Government! and local authorities to assist·

Every officer of the '[Government] and every officer or servant of local authority, shall
be '[legally bound to assist any Prohibition OITicer or] police office,· or person
authorised in this behalf in carrying out the provisions of this Act.
4
[134. Offences to be reportcd.-Every village officer or servant useful to
Government, every ofCtcer of the State Government, and (with the consent of the
Central Government) every officer of the Customs and Central Excise Departments,
and every officer or servant of a local authority, and the Swpanch of a village
Panchavat constituted under the Bonibay Village Panchayats Act, 1958 (Bom. iii of
l 959), shall be bound-
(a) to give irnrnediate information at the nearest police station or to
officer or person authorised in this behalf of the co1runission ol' any
offonc,,; and of th.e intention 01· preparation to comrnit any offoncc u.nckr
this Act which rnay come to their knowledge.;
(b) lo take all reasonable measures i.n their power to
cornmission of any such oflcncc which rnav oc
believe is about or like to be crn.rn.nitted.
l
to
(')
,··e C<)rr1e t<>
These words were substituted for the words ·'oifaiafs of' all dq1artmems"; by Bom. of 1960, s.
88(b).
2 This word was substituted for the word "Crown'' by the i\claptation of Laws Order, 1950.
3 These \yords were substituted for the words "legally bound to assist any" by Born. of J 960. s. 88
(a). .·
4 Sections 134 and 135 we,\: substinnul for rk or )ilal. by Born. 22 of' 1960, s. 89.
CHAl'TERX
APPEALS AND REVISION
137. Appeals.-(!) AH orders passed by any Prohibition Officer other than the
Collector or 1[Dircctor] under this Act; shall be appcalablc to the Collector at any time
within sixty days from the date of the order complained of.
(2) All orders passed by the Collector and "[Director] shall be appcalablc to the
'[Director] and the ''[State] Government respectively at any time within ninety days
fron1 the date of the order complained of:
Provided that no appeal shall lie against an order passed by the 5 [Dircctor] on
appeal.
(3) Subject to the foregoing provisions the rnlcs which the <'[State] Government
may make in this behalf shall apply to appeals under this section.
\!JK Rcvisi.mL,..The State Government may call for and ex.amine the record Qf
any proceeding before any Prohibition Officer, induding that relating to the grant or
refusal. of a licence, permit, pass or autho1·i,;ation unde1 this Act for the purpose of
as to !he lcgal.ity ur propriety oC passed ·
and
CXiJJ'tl!li_HtI()11
or Oi
\vord \A/<\S substituted !\)l· the 1,vord · ('orrunissioncr''' by 130111. 28 of"' 195(}_ Sch,
\vord \Vas substituted fr)!· the \vord '·(:crinrni;;sioncr'' by r~onL 28 oF 1950, Sch.
\Vord \.Vas substituted for the \Vord "C:'.ointnission<T'' by E~orn, 2~ of [950, Sch.
4 This word was substituted for the word "Provincial" by the i\claptnlion ol'Laws Order. 1950.
5 This word was substituted for the word "Commi,;siotscr" by Bo1L 28 of l 950. Sch.
6 This word was substituted for the word ''Provincial'· by I he Adaptation of Laws Order, 1950.
7 This section was substituted for the original by Bom. 22 ol' 1960. s, 90.
8 This word was substituted for the word ''Provincial" by the Adaptation of Laws Orders, [950.
9 Section JJ9 was renumbered as sub-section (l ), by Born. 22 of l 960. s. 91 ( l ).
l lO This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
4X
'J!
Ii
:J;
84 The Gujarat Prohibition Act, l 949 Sec. 139
(a) prohibit the grant of ;my kind of licences, pcnnits, passes or

authorisations throughout the 1[State] or in any area;
(b) · regulate the import, export, transport, possession, sale, purchase,
consumption or use of any intoxicant, hemp, mhowra flowers, molasses
or any article which is l ikcly to be used for the manufacture of an
intoxicant with or without licence, permit, pass or autborisation
throughout the '[State] or within the limits of any local area subject to
such conditions )[ as it may impose].
'[( c) exempt any person or institution or any class of persons or institutions
from all or any of the provisions of this Act or from all or any of the
rnlcs, regulations or orders made thereunder or from all or any of the
conditions of any licence, permit, pass or authorisation granted
thereunder, subject to such conditions as it .may impose;
(d) e:<ernpt any into:<icaut or class of intoxicants, denatured
preparation, hernp, mhowra flowers or mo lasses from aU or
movisions of this i\ct or frorn al! or anv of the
.l ' ~·
orders made thereunder subject to such conditions as .it

remit or rehmd whollv or oartiaHv anv
~ \ ../ ,1
or
'fhis \vord \Vas substituted t·or the \vords ;;prc-rcorg:Jnisation State. of ES01nbay excluding
transferred territories" byBom. 12 of i959, s.3.
2 This word was substituted for the words ··'!'re-Reorganisation Slate of Bombay, excluding the'
trnnsforred territories" by Born. l2 of 1959, s.3 .
., These words were substituted for the w,ll'cls ''and for such periods as it ckems fit" by Bom. nr
1960, s.9\(l)(a).
4 Clauses (c), (d) and (dt) were substituted for the original clauses (c) nnd (d) by Born. of l %0 ..
s.9l(l)b).
Sec. l 39 The Gujarat Prohibition. Act, l 949 85
(f) prescribe the rmmber of places at which any intoxicant specified in such
order 1[denatured spirituous preparation], hemp, rnhowra flowei:s or
molasses, may be sold in any area, the location of sueh places in any
area, the days and hours during which such places may or may not be
kept open, the number of such places in respect of which liecnses for
sale may be granted and the number of such places which may be
lmanagecl by the State Government departmentally];
(g) direct that no licence, permit, pass or authorisation of the kind specffied
in such order shall be granted without the previous approval of the
'[State] Government or also direct any adcli tions or alterations to be
made to or in the conditions subjects to which under any other
provisions of this Act, such licence, permit, pass or authorisation ean be
u1··1C t1t V d,·
t;J·
00
(h) prescribe the maximum quantity of any intoxicant ·'[denatured spirituous

Preparation], bcrnp, mhowrn flower.s or molasses whiqh may be
any area or at any place; · ··
;I (i) prescribe in
t(•,'1(1·t.v •. f)ff')tl\1C 1·1··- er I'-.,.,,•,1<J
1·(-'-'e"·;;;
~JJ . j t',._ ___ ..,v,.l("'l
,,, ''"" uvcu,,,;. or Iiccnces
These words were inserted, by Bom. 22 of 1960, s.9[ (l) (c) (i).
'J These words were substituted for the words "managed by the Excise Dcpartn1cnt", by Born. of'
1960, s.9l(l)(c)(ii).
} This word was substituted for.the word "Provincial'' by the Adaptation of Laws Order, 1950.
4 These words were inserted by Born. 22 of 1960, s. 9l(I)(cl).
5 This clause was substituted for the original by Bom. 22 of [960, s. 9I(l)(e).
6 This clause was substituted for the original by Born. 22 of! 960, s. 91 (I)(().
7 These words were inserted by Bom. of 1960., s.91(l)(g).
1
(!) specify the person or class of persons [to whom licences may or may
not be granted] and in cases in which auctions are held, the person 01
classes of person:; who may or may not be permitted to offer bids at
such auctions;
(m) direct that licences of the kind specified in such order shall be granted to
persons specified in such order; and
(n) issue such other instructions in any matter pertaining to the grant or
otherwise of licences, permits, passes or authorisations unde;- this Act.
as the 2[State] Government may deem proper.
1
[(2) An order made under sub-section (1), shall, if i.t is of a general nature oi'
affeeting a class of persons, be notified in the Official Gaze tie.]
140, Power of "[StnteJ Government to prohibit, or
et,nsmnpti,m or use lntoxiumts, public place .-The '[State J Government
may, by general or special order, prohibit, regulate or control, subject such
conditions as may be specified in the order, the consu1nption or use of
.,
I.) If the I
vvordS vvcre kn' the \Vords \vhorn

1960., see 91(2)(h).
word 1,vas substhut0d for tht \Vord ";Provincial')) by the Adaptation of Lavis ()rder, 1950,
3 This sub,scction was added by Bom. of 1960, s. 91(2).
4 This word was substituted for the word "Provincial" by the Adaptation of Laws Orde1·, 1950.
5 This word was substituted for the w<ml "Provincial" by the Adaptation of Laws Order, 1950.
7 These figures, letters and word were substituted for the figures and word "65 to 69" by Boni. 22 ol'
1960, s.92(a).
8 This word was substituted for lhc word "Provinci,il" by the Adaptation of Laws Order, 1950.
9 These words wcreinserted, by Bom. 22 of 1960. s.92(b).
10 This word was substituted for the word ''Provim:ial" by the Adaptation of Laws Order, l 950.
(a) either generally on all persons who arc inhabitants of the local area to
which such notification applies; or
(b) specially on any particular section or sections or class or classes of such
persons and the [State J Government may direct the proportions in
1
which such tax or rate shall be charged.

Erplanation.-For the purposes of this section "inhabitants'' shall include persons
who themselves or by their agents or servants occupy or hold lane! or other immovable
property within such area and landlords who themselves or by their agents or servants
collect rents or revenue direct from rayats or occupiers in such area notwithstanding
that they do not actually reside therein.
1
(3) ft shall be lawful for the [Statc] Governmenl to extend for a tenn not
exceeding in any case five years the period for the i:myment of such tax or rate beyond
the period for which such additional police are actually employed.
'[( 4) The provisions of sub-sections (4) to (7) of section 50 of the Bornbay Pol.ice
l 951 (Born. of 195 l ). shall apply n1utoii.1· nnttandi.1· to the recovery of
tax OT ]
'
,. • ·1
) nnaL
This word was substitukd for the word "Provincial'' by ihc 1\ciaptation of' Laws Order, 19.50.
2 This word was substituted for the wrml ·'Provincial" by the Adaptation ol'Laws Order, 1950.
3 This sub.section was substituted for sub ..scctions (4) ;,nd (5) by Bom. 64 of 1954, s. 3.
4 This section was substituted for the original by Bom. 22 of 1960, s. 93.
5 These words were substituted for the words "any Magistrate" by Born. 21 of' 1954, s. 3 Second
Schedule.
6 These words were substituted l'or the words "any MagiWatc" by Born. 2l or· 1954, s. 3 Second
Schedule.
88 The Gujarat Prohibition Act, l 949 "' 14"J
S t'.l,.
143. Po,Yer of 1[Siate] Government to make rules.-( l) The "[State] Government

may make mies for the pllrpose of carrying out the provisions of this Act or any other
law for the time being in force relating to excise revenues.
(2) In particular and without prejudice to the generality of the foregoing provisions
3
the [StateJ Government may make rules,--
(a) regulating the delegation of any powers by the "[Director], by Collector
or by any other Prohibition Officer;
(b) regulating the import, export, transport, 5[ collection], sale, purchase\
"[bottling], consumption, use or possession of any intoxicanL
'[denatured spirituous preparation] or hemp, mohwra flowers or
molasses;
8
[(bb) regulating the possession, manufacture, use and consumption of rotten
gur and the possession, manufacture and use of ammonium. chloride;!
(e) regulating the manufacture of any intoxicant ''!or derrntured
preparation].;
(d) the cultivation and collection
,I
'I.
by Born.
J 'This \Vord. \Vas inserted by 13cnti. of l s. 51( 1),
6 This word was insc,tcd by Born. of 1960, s. 94 (I )(a).
7 These words were inserted, by Born. 22 of 1960, s. 94 (i)(a).
8 Clause (bb) was inserted by Guj. 9 of I978, s. I. 6 ( l).
9 These words were added, by Born. 22 of' 1960, s. 94(1)(b).
10 Tliesnvords were inserted by Born. 26 of 1952, s.51(2)(a).
ll This word was inserted by Born. 22 of 1960, s. 94 (l)(a).
12 These words, brackets and letters wm, sub"itutcd for the words, brackets and letters "clauses (bf
and (c)" by Born. 22 of 1960, s. S l (2) (6).
13 These words, brackets and letters were substituted for the words, brackets and letters "clause (b)" by
Guj. 9 of 1978, s. 16 (2).
(g) regulating the periods and localities for which the licences may be
granted for the wholesale or retail vend of any of the above articles
mentioned in 1[elauses (b) and (bb)];
(h) providing for the consulting of public opinion and prescribing the
procedure to be followed and the matters to be ascertained bcfrire any
licence, permit, pass or authorisation for the vend, consumption or use
of any of the above articles mentioned in '[clauses (b) and (bb)] is
granted to any person or in any locality;
3[h l) prescribing the restrictions under which and the conditions on which
any licence, permit, pass or authorisation may be granted inciuding--
(i) the prohibition of the admixture with any intoxicant of any
substance deemed to be noxious or objectionab.le;
(ii) the fixing of the strength, price or quantity in excess of or below
which any intoxicant or n1hq,yra flowers sha\1 i;tot be sold or
supplied, and the quaritity in excess of which denatured
denatured spirituous preparation or molasses shaI!
possesse:d or sold and prescription of a or ,w,:i,,,,,.
prescription of the accounts to be maintained the

to be submitted by !icence-holckrs or pcnnit-holders;
These wlmls, brackets and letters were substituted !'or the words, brackets ancl letters "clause (b)" by
Born, of 1.960, s. l6 (3).
2 These words, brackets and letters were substituted for the words, brnckcts and letters "clause (b)" by
Born. 22 of !960, s. !4 (4).
3 Cla.uscs (h() and (h2) were inserted by Born. 22 of 1960, s.94(t)(cl).
4 These words were substituted for the words "denatured spirituous preparation or hemp" by Guj. 9 of
1.978, s. 16 (S)(a).
5 These words were substituted for the word "intoxicant" by Bom. 22 of 1960, s. 16 (5) (b).
90 1'hc Gujarat Prohibition Act, 1949 Sec. 143
(vii) the regulation or prnhibition of the trans for of!icences;

(viii) the writing of tlte names and addresses and the taking of
signatures of purchasers in the register of sale of any intoxicant.
hemp, 1[mhowrn f1owers or molasses, rotten gur or ammonium
chloride] or any article the sale 01· purchases of which 1s
regulated by clause (b) of sub-section(!) of Section 139;
(h2) (i) declaring the processes by which spirits shall be denatured 111
particular areas, or for particular purposes;
(ii) fi:ir causing such spirits to be denatured through the agency or
under the supervision of the Governrnent Officers and fc>r the
payment of charges for such supervision:
(iii) for ascertaining whether such spirits have been denatured.]
(i) prohibiting and regulating the employment by the licence-holder of m1v
person or classes of persons to assist him in his business in
whatsoever;
U) prescribing the 1nam1e1· in which the juice frorn a r:nr:oni
any kind of palm. trees is io be treated !(Jr
conditions on which such sales
The·se words were substituted for the word "mhowrn !lowers or molasses", by Born. 22 ol' 1960, s. I(,
(5) (c).
'> This clause was substituted for the original by Born. 22 of 1960. s. 94( I)( c).
3 These words were substituted for the words "Milowra flowers or molassd', by Guj. 9 ol' J 978, s. I6
(6).
4 Clauses (I, l), (l-2) and (i-3) were inserted, by Guj. 9 of I978, s. 94( l )(f).
Sec. 143 The Gujarat Prohibition Act, 1949 9!
(l-2) prescribing the amount of security to be deposited by the holder of any

licence,, permit, pass or authorisation for the performance of the
conditions for the same;
(l-3) providing for the maintenance by the holders of licences, permits,
passes or authorisation of the registers of sales, purchases, possession.
consumption or use and the particulars to be entered in the register:]
'[(m) regulating the grant of rewards or expenses to officers, informant or
persons giving in formation or assistai1c•c in the detection or
investigation of offences under this Act, and of compensation to persons
charged with offences punishable under this Act and acquitted;]
(n) regulating the printing, publishing or otherwise displaying 01·
distrihnting any advertisement or other matter '* c;oliciting the use of, or
o[Tering. any intoxicant 1[hemp, rotten gur or ammonium chloride] or
calculated to encourage or incite any individual or class of individuals
or the public generally to conifoit an offonce under this Act or to
commit a breach or evade the Tmwisions of any rule or order
thereunder or the conditions of any licence, pass or au::ttonsatHJn
issued til<,reuni:iet
rnatb:,;1·
rot.ten
\VHS substituted original, by t )(g).

i,vord "co!lin1cnd!ng'' \Va~; dtfctcd by L3orn. 26 s. 5 !(3)(a}.
?, 'rl1csc words were sub,titutrd for the words ,. intoxicant or hemp'' by Guj. 9 of 1978, s. 16 (7).
i./. ·rh!~ \Vord \Va~ substituted for th(: \vords ''Prc-lZcorgru1isation State of I3on1bay excluding the
1
trnnsfctTcd territories by Born. 12 of 1959, s. 3.

5 These words were substituted for the words "whether printed or published "by Born. 26 of 1952. s,
51 (4) (a).
6 Subs. for the words "pre,Reorganisation State of Bombay, excluding the trnnsfcrn:d tc1Titories" by
Bo111bay 12 M 1959, Section 3.
7 The words "is.prescribed or :vhich commends "were deleted, by Bombay t 2 of I 959, s, 5l(4)(b).
8 These words were substituted for the words "intoxicmt, or hemp" by Guj. 9 of 1978, s, 16 (8).
9 The words "to be forfeited to the State Government" were deleted, by Bom. 26 of 1952 s. 51 (4)( c).
imposing restrictions and conditions on buyers of intoxicant, denatured

spirituous preparation, hemp, 2[mhowra flowers, molasses, rotten gur 01·
ammonium chloride] or any article the pmchase of which is regulated
by clause (b) of sub-section (I) of Section 13 9 including provision Cor
compelling them to sign entries pertaining to the purchase by them 01·
any of these; articles];
l"'·t-]
(r) regulating the taking of ·'[samples of molasses, rotten gur or arnn1oniurn
chloride];
5[rJ] prescribing the constitution of Committee, Boards and Medical. Boards
or panels thereof and the procedure regarding their work];
(s) prescribing the powers, functions and duties of Prohibition Offkcrs,
r'[Boards, Committee] and '[Medical Boards or panels thereof! and the
foes and allowances payable to the members of the ''[Boards.
Committee] and -')[Medical Boards or panels thereof];
prescribing the procedure regarding the work of the
) t.ransport
2 \Vords \Vi:;:re substitutr;d the \vord 9 of s. 16

J v1as deleted, by (Juj. 9 o:r 1978} s, 94( l )(i).
4 These words were substituted for the words ''Sample of molasses" by Guj. 9 of I978, s. ! 6 (10).
5 This clause was inserted, by Born, of .t 960, s. 94 (I )(i),
6 These words were substituted frlr the wot'CI:; "Committees··. by Bo:n. n o 1· 1960. s. 94 (I)( k),
7 These words were substituted !or the words '·Medical Boards" by Bom. 22 of 1960, s. 94 ( I)(k).
8 These words were substituted for the words "Committees", by Bom. 22 of 1960, s, 94 (l)(k).
9 These words were substituted for the words "Medical Boards'' by Bom. 22 ol' 1960, s. 94 ( l )(k),
10 Clauses (t) to (v) were substituted for the origird clause (t), by Boin. 26 of 1952, s. .5 [(5).
l l This clause was inserted by Born. 22 of 1960, s. 94 (l)(l).
12 This clause was inserted by Born. 12 of 1959, s. !7(a).
13 Clause (uuu) inserted by Gt(/. 21 of 2003, dated 5'" April 2003 (w.r.cJ, 17-02-2006).
Sec. l 44 The Gujarat Prohibition Act, l 949 93
be rendered and medical treatment to which person shall be subject

under sub-section ( t) of section 92.J;
(v) prescribing the period within which and the form in which a declaration
under section. I 07 A shall be submitted, ,rnd the account shall be
maintained];
1
[(w) prescribing the manner of collecting and forwarding blood and
prescribing the form of certificates, and the other particulars required to
be stated therein under sul>·scction (2) of Section 129A].
(3) The power to make rules under this section shall be subject to the condition of
previous publication:
Provided that any such rules may be made without previous publication, if thc
'[State] Government considers that they sl1ould be brought into l'ixcc at once.
'[(4) All rules made under this /\ct shall be laid fo1· noL less than thirty days before
'*** the State Legislature as soon as may be after they arc rnadc, and shall be subject to
such modifications as the State Legislature nrnf'fi'rake during the session in which they
are so laid or sess:icrn in11T1ed.late,!y· f<)llo\vlnt~-]
or
t)r arn.rnori1u111
(.i)
by 1301n. t?. 1959, s. 1

) ·rhis \Vord \Vas substituted f()r tlie \vord '·Provinci,11': by· the 1\dapt;-1tio11 or·1 :-nvs ()rdc1\ 1950.
3 This sub--sectiou was inserted by Born. 22 of 1960, s. 94(2).
:} ·rhe \vord ··'each f-lousc 0(~ \Vere on1ittcd by the (i1Jjnr::1t 1\dapt(Hio11 of La,vs (State and C'oncurrt11t
1
Subjects) Order__ 1960.

5 This word was substituted for the word "Commissioner" by B0111. 28 ol' 1950, Sch.
6 This word was sub;;titutcd for the word '·Commissioner'' by B0111. 28 of 1950, Sch.
7 The word "rnannfocturc" was deleted by Born. 22 of 1960, s. 95 (a!( i).
8 These wotcls were inserted, by Bom. 12 of 1960., s. 95 9a)(ii).
9 These words were substituted for the word "Mhowra flowers or rnolnsscs'', by Guj. 9 of 1978, s. 17
Ci).
'[***)
(b) regulating the deposit of any intoxicant, hemp, 1*** l[rnhowra flowers
or molasses, rotten gur or ammonium chloride] in a warehouse and the
removal of such articles from any such warehouse or from any distillery
or brewery;
''[***]
(d) prescribing the sealc of foes or the manner ol' fixing the fees payable in
respect 5*** of any storage of any intoxicant, hem1\ ''*** '[ mhowrn
flowers or molasses 1·otte11 gur or ammonium chloride]
(c) regulating the time, place and manner of payment of any duty err fees
s[***J
(h) providing for the destruction or other disposal of any into;,: icant
declared to be unfit for use;
regulating the disposal of confiscated or fodci.tcd articles:
/p--.
\,t.lj
\ re~iarding an~; orbe.r ittal:ter \VJ1!ch t'hc 10[Sratc]
noti.fication in the 0/ficicil direct him
f3oin.
\Vas dek:ted by f301n, of l 96{\ s. (b),
3 \Vere substituted f\)r the \VOrd "tvlb()\Vra f1o\vcrs or rno!as:--:cs'', by (,fuj. 9 of t
4 Clauses (c), (I), (g), (j), (k) and (I) were dcleb.l, by Guj. 9 of 1978, s. I")
Iv ,
5 'fhe \Vords beginning \Vith the \vords "ofnny privilege" and ending \Vith the \Vords '\1uthorisation
were deleted by Born, 26 of l952, s. 52 (1).
6 The word "opium", was deleted by Born. 26 of 1952, s. 95 (b).
7 These words wern substituted for tile word ''Ml10wrn flowers or molasses'', by Guj. 9 of 1978. s. 1·.,
(3),
8 Clauses (c), (l), (g), (j), (k) and (I) were deleted, by Gu/, 9 of 1978, s. 95 (c).
9 Clauses (c), (t), (g), (j), (k) and (I) were ddctcd, by Guj. 9 of l 978, s. 95 (c).
10 This word was substituted for the word "Provincial" by the Adnpti1tion of Laws Order, l 950.
Sec. 147 The (]Lijarnt Prohibition Act, l 949 95
146. Bar of proceedings.-No suit or proceeding shall lie against the

1
[Governmcnt] or against any prohibition, police, or other officers or against any
person empowered to exercise powers or to perform fo;;;;tions under this Act, for
anything in good faith done or purporting to be clone unde1· this Act.
'·j146A. Limitation of prosecutions or suits against officers.-( 1) Al I
prosecutions of any Prohibition, Police or other Officers, or of any persons empowered
to exercise powers or to perform /'unctions under this Act, and all actions which may
be lawl'ully brought against the Government 01· any of the aforesaid officers or persons.
in.respect of anything done or alleged to have been done in pursuance ofthis Act, shall
be ir1stituted within four m.onths from the date of the act complained of and not
afterwards; and any such action shall be clisrnisscd--
(a) iC the plqintiff docs not prove that, previously to brining such action, he
has presented. all such appeals allowed by this /\ct, or any other law l'o!
the time being in force, a.s withi1vthe ati.iresaid period of four it
was possible to present; or
(b) in the ca,:e an action for damages. if tender of su
betim; the ''"'"·'"
sai.1c:ti()1l
apply in of any intoxicant, cienatured spirituo\ls

'[1nhowra flowers or rnotasses, rotten gur or arnrnonium chlori.dc] arc
property and in the possession of the Govcrmncnt.]
Act not to apply to import or across
,-For l'emova! of doubts it is hereby declared that nothing in this Act sbaf! be
This word was substitutc9 for the word "Crown'', by the Adaptation ofL.iws Order, 1950.
2 Sections 146A and 146B were insei-tcd by Born. 22 of 1960, s. %.
3 Tlµ;tc words were substituted for the word "Mhowrn nowcrs o,· 111olass,"", by Guj. 9 of !978, s. I 8.
96 The Ciujarnt Prohibition Act, 1949 Sec. 148
deemed to apply to any intoxicant or other article in respect of its import or export
across the customs frontiers. ' [***]
148, Repeal and amendments,-(!) The enactments specified in Schedule l arc
hereby repealed to the extent specified in the fourth column thereof and those spcci ficd
in Schedule II arc hereby amended to the extent specified in the fourth column thereof
(2) But nothing in this Act or any report or amendment made thereby shall affoct
or be deemed to affect~--
(i) any right, title, obligation or liability al1-c:acly acquired, accrued or
incurred before the commencement of this Act;
(ii) any legal proceeding or remedy in respect of any right, titic, interest
obligation or liabihty or anything done or suffered before the
commencement of this Act and any such proceeding shall be continued
and disposed of, as if th.is Act was not passed;
(i11) the levy of any duties under section 29A of the Bmnba.y /\bkari
1878 (BonL V of l S'/8), and the recovery of duties nr
under any other provisions of the Acts hereby
ctn11es or fees sl1aH be or as ns 11
(;nactn1cnts
pass, authorisation 01· 1ss1on or

any of the cnactn1cnts repealed by this shall. continue to be in fi:irce and shall
to have been granted or issued under rile cotTe,;ponding provisions of this
repeals sav.i11gs co11sec111ent on
areas of State.-·f''] On the cornmcncement of this Act in any
The words "'as defined by the Dominion Government" were deleted by Bom. 26 of 1952, s. 53.
2 This section was inserted by Born. 12 of l959, s. 18.
3 The brackets an figures"( 1)" were cleleted by Bont n of I960, s. 97.
area of the State to which it is extended by the Bombay Prohibition (Extension ,rnd
Amendment) Act, 1959 (Bom. XII of 1959), the Acts mentioned in Schedule Ill and in
force in that area, shall, to the extent specified in the fourth column thereof, stand
repealed:
Provided that such repeal shall not affect,-
(a) the previous operation of any Act so repealed m anything duly done or
suffered thereunder, or
(b) any right, privilege, obligation or liability acqLtircd, accrued or incurred
under m)y 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 1unocly in respect of any such
right, privilege, obligation, Iiability, penalty, forlciturc or punishment as
aforesai cl,
investigation, legal proceeding (\'Ftomcdy may be instituted, continued or
such penalty, forfeiture or pmiishmcnt may be imposed, as if those acts
(i\
'- /
Section 1 l. the Bombay Prohibition

(Bombay of 1949), as in force in the or
(iii) before the comrn.cnccmcnl: 01· 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, notil'ications, and orders made 01·
issued thereunder) shall nevertheless continue in force for all such purposes; and all such taxes.
duties and fees shall be levied, assessed, collected, rcfonc\ecl and penalty imposed mid paid, ,1s
the case may be, as if those relevant Acts had not been repc,1lecL!
98 The Gujarat Prohibition Act, t 949 Sch.
SCHEDULE I
!SEE SECT'ION 148)
~* *
!878 V The Bombay Ahkari Act, 1878 All the provisions except Section
29-A
1947 XXX The Molasses t947 The whole
n
(SEE !48)
"1mdcr the Bombay Prohibition

1949" (Bo:;1.. XXV of l 949), shall
be substituted.
2. Section 6 l-AA shall be dcl.cicd.
Schedule l-A was omitted by tile Gujarat i\ch1pt8tion of Laws (State :rncl ConcuHcnl Subjects) Orckr.
1960.
2 This item was clclclcd, by Born. 12 or· I 959, s. 19(2).
Sch. The Gujarat Prohibition Act, 1949 99
1902 IV The City of Bombay Police Act,

1902
I. In Section 27 ;··
(a) in sub-section (2), for the words
and t1gurcs "under the Bombay
Abkari. Act, 1878, or the Opium
Act, I~73··, the words and figures
under the Bombay Prohibition Act.
I949" (Born. XXV of 1949), shall
be substilutecl.
(b) in sub-section (2-A), fr)t clauses
(ii) and (iii), the fol.lowing Glaus(
shall be substituted, namely:
"(ii) Sections 65 or 68 of the
Bomlx1y Prohibition Act,
(Bom. X of I. 949).
1
"". ion l /\
This cnt1y was acldccl by Bom. of I%0, s.98.

The Gujarat Prohibition Act, 1949 Sch.
'[SCHEDULE HI
(SEE SECTION 149)
1878 I The Opium Act, 1878, in its The whole.

application to the State of Bombay.
1915 ll The Central Provi11ccs and Berar Ali the provisions except Section
Excise Act, 1915 27-A
1938 Vil The Central Provinces and Berar The whole.

Prohibition Act, l 908
l316F l The Abkari Act The whole.
1333F IV The Hyderabad Intoxicating I.lnHzs
,.. The whole.
Act
1949 The Bombay Prohibition Act, t
as n1 the area of i 1
of Boni bay.
1. Schedule II! was added by Born. l 2 of i '"19(3).

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THE

SBD PUBLICATIONS, AII1VIEI;.f\BAD

publishers and who

TABLE OI<' CONTENTS

L ShortTitle, Extent and Commencement 2

!L Manufacture, etc. of intoxicant to he permitted in accordance with 15

24-. consumption of medicinal preparation

use or consume foreign liquor on **

etc. J1t)t nni,H,,d c01noen:sa 11011 or

59. Director entitled to require licence holder or owner to dispose of 35

6L export, etc. of molasses 40

62. Provisions of Sections 53 to 59 to apply to licences granted under 4'

67-1 fix contravention of provision regarding prescriptions

67C. Penalty for possessing, etc., denatured spmtuous preparations m 48

()f ci rtain ac-ts

S l. Penalty for attc1npt;:; or abetn1cnt

Power of Collector etc. to order

Forfoiturc of any publication containing advertisement

! I 5. Magistrate's power to impose enhaneed penalties 70

l l SA. Venue of trial of offonee of (;onsumption of intoxicant or hemp S

116. Procedure to be followed by lVfagistrntcs 71

116A. Tender of pardon to accomplice 71

1 Power to require persons to submit to medical examination, etc.

134. Offonces to be reported 82

persons acting under this Act to be public servants

l 46A.. Limitation of prosecutions or suits against officers

SCHEDULE III lOO

THE BOMBAY PROHIBITION (GUJARAT) AMENDMENT ACT, 2009

GUJARAT ACT NO. 29 OF 2011

keeps, transports or has in his possession lathtlw,

6, Amendment of section 98 of 1949." In the the principal Act, in section

7. A11:J.er:,d11r:e11t of sec:tion 1 nf XXV 1949." In the the principal

TIIE 1 GUJARAT PROIHBITI()N ACT, 19491

BOMBAY ACT NO.XXVOF19493

1 word "Bombay" rnbsti!uted by Ac! No. of 2011 (Sr. No. '.l2)

. WHEREAS it is expedient to amend and consolidate the law relating to the

1iv0rds v1ere inse·rtcd by l3onL 12 of 1959 s, 5 (b)(i).

7 were substituted for the words "Pre-reorganisation State of tlomtHlY t:.,cucim1

Su!>-sectlon(4) I shall st;:fnd urunodifled \,1idc Ch\jarat 1\daptation of

owning, occupying, using, keeping or having the care of management or control of

(19) "hotel licence" means a licence granted under section 36:

The word "and"was deleted by Born. 26 of 1952, s. 2 (2)(a).

2 the \vords \vith the 1vords

(35) "Prohibition officer" i,icludcs the '[Director), Collector or any officer or

the Greater Bo1nb,tv a 'PoHce station as

and Concurrent Subjects) Orckr, 1960.

(46) means formentcd or unfcrr:1cnted juice drnwn a cocmmt

Inse1ted by Guj. 27 of 2003, dated 17th September 2003 (w.c.f. 29-09,2003).

3 v;as for the \Vords --·Prc-·Rcorganisation of 't3on1bay the

by the 1\daptation of , 1950

8. Medical Boards.~ l) 'fhe '[State] Government may constitute one or more

9. Control of 9 !DlrectorsJ over ProhBJition Officers othc.r offiec.rs.·In

5 s. 6(b) and (e).

import, exporL transport or

[ect the hemp •·

(d) sell or buy any intoxicating drug;

16. Prohibition of tapping of tnddy-prodndng trees and drawing toddy.-No

COJlSttiU.C or llSC orntun

:i,,,.""innmn or Chnrns>No person shall

(e) Possess (il) sell,

or:aet1tu.m,,rn,.-1 l) No person other than a

Section 21A was inserted by Bom. 36 of 1954, a. 4.

(3) A registered medical practitioner shall state, in every prescription for

catalogues or price iists which may