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1
HOME DEPARTMENT
Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk,
Mumbai 400 032, dated the 18th September 2019.
MAHARASHTRA ORDINANCE No. XXV OF 2019.
AN ORDINANCE
further to amend the Maharashtra Prohibition Act.
WHEREAS both Houses of the State Legislature are not in session ;
AND WHEREAS the Governor of Maharashtra is satisfied that circumstances
exist which render it necessary for him to take immediate action further to amend
the Maharashtra Prohibition Act, for the purposes hereinafter appearing ;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of
article 213 of the Constitution of India, the Governor of Maharashtra is hereby pleased
to promulgate the following Ordinance, namely :—
1.
(1) This Ordinance may be called the Maharashtra Prohibition
(Amendment) Ordinance, 2019.
(2) It shall come into force at once.
XXV of
1949.
Short title and
commencement.
RNI No. MAHENG /2009/35528
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xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).
In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in English of the Maharashtra Prohibition (Amendment) Ordinance, 2019 (Mah. Ord. XXV of
2019), is hereby published under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
RAJENDRA G. BHAGWAT,
Secretary (Legislation) to Government,
Law and Judiciary Department.
[Translation in English of the Maharashtra Prohibition (Amendment) Ordinance, 2019 (Mah.
Ord. XXV of 2019), published under the authority of the Governor].
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(1)
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2.
In section 2 of the Maharashtra Prohibition Act (hereinafter referred to as
“ the principal Act ”),—
(a) before clause (1), the following clause shall be inserted, namely :—
“ (1-a) “ Absolutely Prohibited Area ” means an area of district or
districts or its part within the State declared as dry district or part of it, by
general or special order published in the Official Gazette, issued under
clause (a) of sub-section (1) of section 139, by the Government, from
time to time ; ” ;
(b) after clause (34), the following clause shall be inserted, namely :—
“ (34A) “ prescribed limit ” means the limit for the possession of the
quantity of liquor or the value of seized liquor upto certain amount of rupees
declared by the Government, by an order issued in the Official Gazette,
from time to time ; ”.
3.
In section 65 of the principal Act,—
(a) in clause (e), for the word “ possesses ” the words “ possesses the
quantity above the prescribed limit of ” shall be substituted ;
(b) for the portion beginning with the words “ shall, on conviction, ” and
ending with the words “ fifty thousand rupees or with both ”, the following shall
be substituted, namely :—
“ shall, on conviction,—
(a) if the offence is committed in the area other than Absolutely
Prohibited Area, be punished for each such offence with imprisonment
for a term which shall not be less than three years but which may
extend to five years or with fine which shall not be less than twenty-
five thousand rupees but which may extend to fifty thousand rupees
or with both ;
(b) if the offence is committed in the Absolutely Prohibited Area,
be punished,—
(i) for a first offence, with imprisonment for a term which
shall not be less than three years but which may extend to five
years and with fine, which shall not be less than twenty-five
thousand rupees but which may extend to one lakh rupees or
two times of the amount of the duty or fee evaded by him,
whichever is higher ;
(ii) for second offence, with imprisonment for a term which
shall not be less than five years but which may extend to seven
years and with fine, which shall not be less than one lakh rupees
but which may extend to two lakh rupees or three times of the
amount of the duty or fee evaded by him, whichever is higher ;
(iii) for third or subsequent offence, with imprisonment for
a term which shall not be less than seven years but which may
extend to ten years and with fine, which shall not be less than
two lakh rupees but which may extend to five lakhs rupees or
four times of the amount of the duty or fee evaded by him,
whichever is higher. ”.
4.
In section 66 of the principal Act, in sub-section (1),—
(a) in clause (b), after the word “ consumes ” the words “ or possess the
quantity below or upto the prescribed limit ” shall be inserted ;
XXV of
1949.
Amendment of
section 2 of
XXV of 1949.
Amendment of
section 65 of
XXV of 1949.
Amendment of
section 66 of
XXV of 1949.
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(b) for paragraphs (i), (ii) and (iii), the following shall be substituted,
namely :—
“ (i) if the offence is committed in the area other than Absolutely
Prohibited Area,—
(a) for the first offence, with imprisonment for a term which may
extend to six months or with fine, which may extend to ten thousand
rupees :
Provided that, in 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 three months or fine shall not be
less than five thousand rupees ;
(b) for the second offence, with imprisonment for a term which
may extend to two years or with fine, which may extend to twenty
thousand rupees:
Provided that, in 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 six months or fine shall not be
less than ten thousand rupees ;
(c) for the third or subsequent offence, with imprisonment for a
term which may extend to two years or with fine, which may extend
to twenty thousand rupees:
Provided that, in 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 or fine shall not be
less than ten thousand rupees ;
(ii) if the offence is committed in the Absolutely Prohibited Area,—
(a) for the first offence, with imprisonment for a term which may
extend to six months or with fine, which may extend to rupees ten
thousand rupees or two times the value of the seized liquor, whichever
is higher ;
(b) for the second offence, with imprisonment for a term which
may extend to two years or with fine, which may extend to twenty
thousand rupees or three times the value of the seized liquor,
whichever is higher ;
(c) for the third or subsequent offence, with imprisonment for a
term which may extend to two years or with fine, which may extend
to twenty thousand rupees or four times the value of the seized liquor,
whichever is higher. ”.
5.
In section 68 of the principal Act, for the portion beginning with the words
“ shall, on conviction ” and ending with the words “ fifty thousand rupees or with
both ”, the following shall be substituted, namely :—
“ shall, on conviction,—
(a) if the offence is committed in the area other than Absolutely
Prohibited Area, be punished for each such offence with imprisonment for
a term which shall not be less than three years but which may extend to
five years or with fine which shall not be less than twenty-five thousand
rupees but which may extend to fifty thousand rupees or with both.
Amendment of
section 68 of
XXV of 1949.
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(b) if the offence is committed in the Absolutely Prohibited Area, be
punished,—
(a) for the first offence, with imprisonment for a term which shall
not be less than three years but which may extend to five years and
with fine, which shall not be less than twenty five thousand rupees
but which may extend to one lakh rupees or two times of the amount
of the duty or fee evaded by him, whichever is higher ;
(b) for the second offence, with imprisonment for a term which
shall not be less than five years but which may extend to seven
years and with fine, which shall not be less than one lakh rupees but
which may extend to two lakh rupees or three times of the amount of
the duty or fee evaded by him, whichever is higher ;
(c) for the third or subsequent offence, with imprisonment for a
term which shall not be less than seven years but which may extend
to ten years and with fine, which shall not be less than two lakh
rupees but which may extend to five lakhs rupees or four times of
the amount of the duty or fee evaded by him, whichever is higher.’’.
6.
In section 83 of the principal Act, for the portion beginning with the words “
each of such persons shall ” and ending with the words “ fifty thousand rupees or
with both ”, the following shall be substituted, namely :—
“ each of such persons shall, on conviction,—
(i) if the offence is committed in the area other than Absolutely
Prohibited Area, be punished for each such offence with imprisonment for
a term which shall not be less than three years but which may extend to
five years or with fine which shall not be less than twenty-five thousand
rupees but which may extend to fifty thousand rupees or with both ;
(ii) if the offence is committed in the Absolutely Prohibited Area, be
punished,—
(a) for the first offence, with imprisonment for a term which shall
not be less than three years but which may extend to five years and
with fine, which shall not be less than twenty-five thousand rupees
but which may extend to one lakh rupees or two times of the amount
of the duty or fee evaded by him, whichever is higher ;
(b) for the second offence, with imprisonment for a term which
shall not be less than five years but which may extend to seven
years and with fine, which shall not be less than one lakh rupees but
which may extend to two lakh rupees or three times of the amount of
the duty or fee evaded by him, whichever is higher ;
(c) for the third or subsequent offence, with imprisonment for a
term which shall not be less than seven years but which may extend
to ten years and with fine, which shall not be less than two lakh
rupees but which may extend to rupees five lakhs or four times of
the amount of the duty or fee evaded by him, whichever is higher. ”.
7.
In section 85 of the principal Act, in the sub- section(1),—
(a) in clause (a), for the word “ and ” the word “ or ” shall be substituted ;
(b) in clause (b), for the word “ and ” the word “ or ” shall be substituted.
Amendment of
section 83 of
XXV of 1949.
Amendment of
section 85 of
XXV of 1949.
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8.
In section 86 of the principal Act, in sub-section (1), for the portion beginning
with the words “ shall on conviction ” and ending with the words “ less than five
thousand rupees ”, the following shall be substituted, namely :—
“ shall, on conviction,—
(i) if the offence is committed in the area other than Absolutely
Prohibited Area, be punished with imprisonment for a term which may
extend to six months or with fine which may extend to ten thousand rupees
or with both :
Provided that, in absence of special and adequate reasons to the
contrary to be mentioned in the judgment of the court the imprisonment
shall not be less than three months and fine shall not be less than five
thousand rupees ;
(ii) if the offence is committed in Absolutely Prohibited Area, be
punished for each such offence with imprisonment for a term which shall
not be less than three years but which may extend to five years and with
fine which shall not be less than twenty five thousand rupees but which
may extend to Fifty thousand rupees or two times of the amount of the
duty or fee evaded by him, whichever is higher.”.
9.
After section 104A of the principal Act, the following section shall be inserted,
namely :—
“ 104B.
Notwithstanding anything contained in section 104, whoever
being the holder of license, for sale or manufacture of any liquor under this Act
or a person in his employ or acting with his express or implied permission on
his behalf, sales or transports or possess any liquor, in the Absolutely Prohibited
Area, such offences shall not be compoundable. ”.
10.
In section 115 of the principal Act, the words “ provided that the fine shall
not exceed three thousand rupees ” shall be deleted.
11.
For section 116 of the principal Act, the following section shall be
substituted, namely :—
“ 116.
(1) For the trial of offences committed,—
(a) under sections 65, 68, 70, 72 and 83 in any area of the State ;
and
(b) under section 86 in the Absolutely Prohibited Area,
the Magistrate shall follow the procedure prescribed in the Code of Criminal
Procedure, 1973, for the trial of warrant cases.
(2) For the trial of offences under this Act, other than those specified in
sub-section (1), if committed, in any area of the State, the Magistrate shall
follow the procedure prescribed in the Code of Criminal Procedure, 1973, for
the trial of summary cases in which an appeal lies. ”.
12.
In section 119 of the principal Act, for the figures and word “ and 83 ” the
figure and words “ 83 and 86 ” shall be substituted.
Amendment of
section 86 of
XXV of 1949.
Insertion of
new section
104B in XXV
of 1949.
Non- compoun-
ding of
offences.
Amendment of
section 115 of
XXV of 1949.
Substitution of
section 116 of
XXV of 1949.
Procedure to
be followed by
Magistrates.
2 of
1974.
Amendment of
section 119 of
XXV of 1949.
2 of
1974.
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STATEMENT
Under the provisions of the Maharashtra Prohibition Act (XXV of 1949) and
rules made thereunder, different kinds of licenses and permits are granted. The
punishment is provided for violation of the provisions of the said Act and the rules
made thereunder.
The Government has, by order, issued, from time to time, declared certain
districts as dry districts and therefore, cancelled the licenses and permits, granted
under the said Act and Rules, in the said districts. The sales, purchases, possession,
use and consumption of liquor in the said districts have been prohibited. To ensure
effective enforcement of the provisions of the said Act in the said districts and carrying
into effect the policy of prohibition, it is proposed to carry out certain amendments in
the said Act.
2.
Some of the important amendments proposed to be made in the said Act,
are explained broadly, as follows :—
(a) to insert the definition of the term “ Absolutely Prohibited Area ” ;
(b) to enhance the quantum of punishment for the offences committed
under sections 65, 66, 68, 83 and 86 in the Absolutely Prohibited Area ;
(c) to provide that the offences of sale or possession or transport of liquor
by the holder of licenses for sale or manufacture of liquor or a person in his
employ or acting with his express or implied permission on his behalf committed
in the Absolutely Prohibited Area, is not compoundable.
3.
As both Houses of the State Legislature are not in session and the Governor
of Maharashtra is satisfied that circumstances exist which render it necessary for
him to take immediate action further to amend the Maharashtra Prohibition Act, for
the purposes aforesaid, this Ordinance is promulgated.
Mumbai,
BHAGAT SINGH KOSHYARI,
Dated the 18th September 2019.
Governor of Maharashtra.
By order and in the name of the Governor of Maharashtra,
VALSA NAIR SINGH,
Principal Secretary to Government.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR DR. NAMDEO
KONDAJI BHOSALE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004
AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH
ROAD, CHARNI ROAD, MUMBAI 400 004 EDITOR : DIRECTOR DR. NAMDEO KONDAJI BHOSALE.