The Gazetteers Department

The prohibition policy of the Government aims at the moral, ethical and economic uplift of the common man and the achievement of peaceful living conditions in the society. To implement this policy the prohibition laws are enforced which prohibit the production, possession, export, import, transport, purchase, sale. consumption and use of all intoxicants except as permitted by any rules, orders or regulations. Even before passing of the Bombay Prohibition Act, 1949, prohibition was implemented in the Akola district under the Central Provinces and Berar Prohibition Act. 1938.

Organisation: The Collector of the Akola district is the Officer in-charge of the administration of the Prohibition and Excise Department in the district: He is responsible to the Director of Prohibition and Excise, Maharashtra State, Bombay. For the performance of his functions he is invested with powers under the Bombay Prohibition Act (XXV of 1949), the Dangerous Drugs Act (II of 1930), the Bombay Opium Smoking Act (XX of 1936), and the Medicinal and Toilet Preparations (Excise Duties) Act 1955. Under the Bombay Prohibition Act, 1949. restrictions have been placed on the manufacture, import, export, transport, sale, possession, use and consumption of liquor, intoxicating drugs or hemp, mhowra flowers and molasses and on articles containing liquor, intoxicating drugs or hemp. The Collector has powers to grant, cancel or suspend licences, permits, authorisations and passes under the Act.

For the District of Akola there is a Superintendent of Prohibition and Excise who assists the Collector in all excise and prohibition matters. For the toddy scheme Government has sanctioned the non-gazetted staff comprising 3 Inspectors and 8 Sub-Inspectors of Prohibition and Excise. Besides this, there is also the executive staff consisting of one Inspector and 14 Sub-Inspectors of Prohibition and Excise for foreign liquor and bonded laboratories in the district. Officers of the rank of Sub-Inspectors of Prohibition and Excise and above have been vested with necessary powers under different Acts administered by the Prohibition and Excise Department. The Prohibition Propaganda Officer carries out prohibition propaganda throughout the district under the guidance of the Superintendent of Prohibition and Excise, Akola.

The work of issuing certificates to drugs addicts has been entrusted to a Government Medical Officer, Akola, who examines persons applying for permits to possess opium, ganja or bhang for personal consumption and who are directed by the Collector or an authorised officer to appear before him. On examination the medical officer issues a medical certificate specifying the disease the applicant is suffering from, the drug recommended for consumption as a medical necessity and its quantity to be permitted per month for personal consumption.

Functions: The Police Department is the enforcement agency to deal with the detection and investigation of offences and prosecution of offenders under the Bombay Prohibition Act. Officers of the Prohibition and Excise Department of and above the rank of a Sub-Inspector have been invested with powers to investigate offences but these officers pass on information of the commission of offences and hand over cases detected by them to the Police for investigation as they have the-machinery at their disposal for such matters. Under section 134 of the Bombay Prohibition Act, village officers, village servants, officers of other departments of the State Government, and officers and servants of local authorities are bound to give information to the Police of breaches of the provisions of the Act which may come to their know ledge and also to prevent the commission of breaches of the provisions of the Act of which they may have knowledge. Under section 133, the officers and servants of local authorities are also bound to assist any police officer or person authorised to carry out the provisions of the Act. Under Section 135, occupiers of lands and buildings, landlords of estates, owners of vehicles, etc., are bound to give notice of any illicit tapping of trees or manufacture of liquor or intoxicating drugs to a magistrate, a prohibition officer or a police officer as soon as it comes to their knowledge.

All revenue officers of and above the rank of Mamlatdar, all Magistrates, and all officers of the Department of Prohibition and Excise of and above the rank of Sub-Inspector have been authorised under Section 123 of the Bombay Prohibition Act. within the limits of their respective jurisdictions, to arrest without a warrant any person whom they have sufficient reason to believe to be guilty of an offence under the Act and to seize and detain any article of contraband. The officers so authorised, when they arrest any person or seize and detain any articles, have to forward such person or articles without unnecessary delay, to the officers in-charge of the nearest police station.

Kinds of Permits: Various kinds of permits are granted for the possession, use etc., of foreign liquor. They are as follows:

1. Emergency Permit.-An emergency permit is granted for the use or consumption of brandy, rum or champagne to any person for his/her own use or consumption or to any head of the household for the use of his/her household for medicinal use on emergent occasions. This permit is granted for a period not beyond 31st March next following the date of the commencement of the permit and for a quantity not exceeding 375 ml. of brandy or rum per three months or 750 ml. of champagne per three months. A permit is not granted to more than one member of a household at any one time. The term 'household' is defined as a group of persons residing and messing jointly as members of one domestic unit.

2. Health Permit.-A health permit is granted to any person for the use or consumption of foreign liquor for the preservation or maintenance of his/her health. No health permit is granted for a quantity exceeding that recommended by the Area Medical Board or a Registered Medical Practitioner, as the case may be.

Provided that, such quantity shall not exceed:-

(1) 2 units of foreign liquor per month in the case of an applicant who is less than thirty years of age;

(2) 3 units of foreign liquor per month in the case of an applicant who is not less than thirty years of age but is less than forty years of age; and

(3) 4 units of foreign liquor per month in the case of an applicant who is not less than forty years of age

No such permit is granted in the case of a person who is less than 30 years of age for a period exceeding twelve months and in any other case for a period exceeding twenty-four months. The fee for a permit granted for period not exceeding twelve months is twelve rupees and in any other case twenty rupees.

3. Temporary Resident's Permit.-This permit is issued to persons born and brought up or domiciled in a country outside India, where liquor is usually consumed and who come and stay in this State temporarily. No permit is granted for a period exceeding twenty four months from the date of commencement. The permit is granted for such monthly quantity not exceeding 6 units per month.

4. Visitor's Permit.-Any person visiting the State for a period of not more than a week and desiring to possess, use and consume foreign liquor can apply to the Collector for a permit. The permit is granted for a period not exceeding one week provided that the Collector may extend the period of such permit but in no case shall such period be extended to a total period exceeding one month. No permit is granted for a quantity exceeding one unit per week.

5. Interim Permit.-Any person who is eligible for a permit under Rules 63, 64 or 68 of the Bombay Foreign Liquor Rules, 1953, and desires to possess, use or consume foreign liquor may apply to the Collector or any other officer authorised in this behalf for an interim permit while applying for a regular permit under any of the said Rules. No such permit is granted for a period exceeding two months. The permit is granted for such monthly quantity of foreign liquor as the Collector may fix, provided that such quantity does not in any case exceed two units of foreign liquor per month if the permit holder is not eligible for a permit under Rule 63 or 68 or four units of foreign liquor per month in other cases, except with the sanction of the Director of Prohibition and Excise.

6. Tourist's Permit.-A tourist's permit is issued free of charge to a foreign tourist holding a tourist introduction card or a tourist visa. The permit is granted for a quantity not exceeding six units per month and the period for which it is granted is one month.

7. Special Permit for Privileged Personages.-The permit is granted to consular corps, and members of the staff appointed by or serving under them, provided that such members are the nationals of a foreign State. It is also granted to the consorts and relatives of the above persons. This permit is also granted to a representative or officer of any International Organisation to which privileges and immunities are given from time to time by or under the United Nations (Privileges and Immunities) Act, 1947.

This permit is granted for any quantity of foreign liquor if the permit holder is a sovereign or a head of a foreign state or his consort. If the permit holder is any other person, the permit is granted for a quantity of foreign liquor not exceeding that which may be fixed by the State Government, or as directed by the Director in that behalf.

Any person of not less than 21 years of age can without any permit, pass or authorisation purchase mild liquor in sealed bottles from a foreign liquor vendor's licensee and possess and transport it for his own consumption.

Toddy: The toddy scheme has been introduced in the State. of Maharashtra with effect from December 1968. Under the scheme sale of toddy containing not more than 5 percent alcohol by volume is permitted to be made by licensees to persons over twenty one years of age.

The licences for the sale of toddy are disposed of by auction by the Collector in accordance with the Maharashtra Toddy Shops (Public Auctions) Order, 1968. The total number of licences for sale of toddy in each district is fixed by the Director. The transport and possession of toddy in quantity not exceeding three litres at a time in the aggregate purchased from a person holding a licence for the retail sale of toddy by a person not less than twenty one years of age is permitted without a permit throughout the State.

Denatured spirit: The possession and use of denatured spirit is prohibited, except under a permit. A permit for possession and use of denatured spirit for domestic purposes is normally granted for a quantity not exceeding one bottle per month, but the officer granting the permit may for any special reason, grant the permit for any quantity not exceeding three quart bottles per month, provided further that with the previous sanction of the Collector, a permit may be granted for a quantity exceeding three bottles per month. The possession and use of denatured spirit for medical, scientific and educational purposes and for purposes of art, industry or profession is regulated by a system of licences prescribed under the Bombay Denatured Spirit Rules, 1959.

Country Liquor and Wine: Permits for the use of country liquor and wine for sacramental purposes only are granted to priests of certain communities, viz., Parsees, Jews and Christians.

Ganja, Bhang and Opium: A permit for personal consumption of opium, ganja or bhang is granted only on production of a medical certificate from the Medical Board constituted by Government for the purpose. The maximum quantity which is allowed per month under such permit is 96 grams in the case of ganja and bhang and GO grams in the case of opium. A permit is granted for only one of these drugs.

Neera and Palm Products: Licences for the sale of neera as well as licences for manufacturing gur from neera are granted only to (1) the co-operative societies organised by social workers, (2) other similar organised institutions such as Gandhi Smarak Nidhi, (3) ashrams, (4) organisations in-charge of intensive area schemes and (5) sarvodaya centres, etc [The government have now liberalised the prohibition policy and any person above 21 years of age can obtain a permit for liquor for his own use or consumption.].

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