OTHER SOCIAL SERVICES

DEPARTMENT OF PROHIBITION AND EXCISE

 Objectives of Prohibition Laws.

To PROHIBIT THE PRODUCTION, manufacture, possession, export, import, transportation, purchase, sale, consumption and use of all intoxicants except as permitted by any rules, regulations or orders, the policy of prohibition was introduced in the State of Maharashtra from April 1, 1950.

Organisation.

Since the introduction of complete prohibition in the former areas of the then State of Bombay from 1st April, 1950, the former Department of Excise has been designated as the Department of Prohibition and Excise. The officer-in-charge of this Department in Kolaba district is the Collector of Kolaba. He is responsible to the Director of Prohibition and Excise, Maharashtra State. He is invested with various powers under the Bombay Prohibition Act (XXV of 1949) and also exercises powers under the Dangerous Drugs Act (II of 1930), the Bombay Opium Smoking Act (XX of 1936) and the Bombay Drugs (Control) Act, 1952, the Spirituous Preparations (Inter-State Trade and Commerce) Control Act, 1955, and Medicinal and Toilet Preparations (Excise Duties) Act, 1955. Under the Bombay Prohibition Act, prohibition and restrictions have been placed on the manufacture, import, export, transport, sale, possession, use and consumption of liquor, intoxicating drugs or hemp. The Collector has powers to grant, cancel or suspend licences, permits and passes under the Act.

The District Inspector of Prohibition and Excise, Kolaba, assists the Collector and is in actual charge of the work of the department in the district. He is also in actual charge of Alibag, Panvel, Pen, Karjat, Khalapur, Uran and Matheran talukas. The District Inspector of Prohibition and Excise, Kolaba, has under him one sub-Inspector of Prohibition and Excise at Mahad, who is in charge of Mahad, Sudhagad, Murud, Shriwardhan, Mhasla, Roha, Mangaon and Poladpur talukas. They have also been invested with certain powers under the Bombay Prohibition Act, the Bombay Opium Smoking Act and the Bombay Drugs (Control) Act.

Medical Boards.

In each taluka a medical board has been constituted consisting of the medical officer-in-charge of the Government, local board or municipal dispensary and one private independent medical practitioner nominated by Government. The functions of the Board are to examine medically any person who applies for a permit to possess opium, ganja or bhang for personal consumption and who is directed by the Collector or an officer authorised to grant such permit, for medical examination and, on examination, to issue a medical certificate specifying the disease the applicant is suffering from, the drug recommended for personal consumption as a medical necessity and the quantity of the drug which may be permitted per month for personal consumption. Applicants for permits for foreign liquor on grounds of health arc examined by the Government medical officers at Government hospitals or dispensaries in the district. So far as the town of Alibag is concerned the certificates of such examination are issued by the Civil Surgeon himself and at other places they are issued by the Government Medical Officers countersigned by the Civil Surgeon, Kolaba, Alibag.

Enforcement Work.

The Police Department is entrusted with the work of prevention, detection, investigation and prosecution of offences under the Prohibition Act and other allied Acts. Officers of the Prohibition and Excise Department above the rank of Inspectors have been invested with powers to investigate offences. The Prohibition and Excise Officers pass on any information received by them in connection with prohibition offences to the Police Department and if any prohibition cases are detected by them they are handed over to the police for investigation. The Home Guards Organisation also assists the police in this work. Under Section 134 of the Bombay Prohibition Act, 1949, all Government officers and officers and servants of local authorities are legally bound to assist the police officers and other persons authorised in this behalf, in carrying out the provisions of the Bombay Prohibition Act, 1949. Under Section 135, occupants of lands and buildings, landlords of estates and owners of vessels or vehicles are, in the absence of reasonable excuse, bound to give notice of any illicit tapping of trees or unlawful manufacture of any liquor or intoxicating drugs taking place on or in such land, building, estate, vessel or vehicle as the case may be, to a magistrate, prohibition officer or police officer as soon as it comes to their knowledge.

All magistrates and all revenue officers of and above the rank of Mamlatdar or Mahalkari 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 Prohibition Act, within the limits of their respective jurisdiction to arrest without warrant any person whom they have reason to believe to be guilty of any offence under the said Act, and to seize and detain any article which they have reason to believe to be liable to confiscation or forfeiture under the said Act. The officers when they so arrest any person or seize and detain any such article have to forward such person or article without unnecessary delay to the officer-in-charge of the nearest police station.

Effects of Prohibition.

As prohibition was introduced in the district in gradual stages from 1947-48 a comparison is given of the consumption of liquor and intoxicating drugs in the years 1945-46, 1950-51 (the year in which complete prohibition was in force) and 1952-53:-

The total revenue which was Rs. 21,07,772 in 1945-46 was only Rs. 60,495 in 1950-51 and Rs. 35,304 in 1952-53.

Kinds of Permits.

Various permits are granted for the possession, use and consumption, etc., of foreign liquor. They are:-

Emergency permits.

(1) Emergency Permits.-An emergency permit is granted for the use or consumption of brandy, rum or champagne to any person for his own use or consumption or to any head of a household for the use of his household for medicinal use on emergent occasions. The permit is granted for a period not beyond 31 st March next following the date of the commencement of the permit and for a quantity not exceeding 6 2/3 fluid ozs. of brandy or rum or 13 2/3 fluid ozs. of champagne per six 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.

Health permits.

(2) Health Permits.-A health permit is granted for the use or consumption of foreign liquor for a quantity up to the maximum of two units [One unit is equal to 1 quart bottle (of 26-2/3 ozs.) of spirit or 3 quart bottles of wine or 9 quart bottles of fermented liquors of a strength exceeding 2 per cent of alcohol by volume or 27 quart bottles of fermented liquors of a strength not exceeding 2 per cent of alcohol by volume.] a month to any person who requires such liquor for the preservation or maintenance of his health. This permit may be granted to an applicant for a quantity exceeding two units [One unit is equal to 1 quart bottle (of 26-2/3 ozs.) of spirit or 3 quart bottles of wine or 9 quart bottles of fermented liquors of a strength exceeding 2 per cent of alcohol by volume or 27 quart bottles of fermented liquors of a strength not exceeding 2 per cent of alcohol by volume.] but not more than three units [One unit is equal to 1 quart bottle (of 26-2/3 ozs.) of spirit or 3 quart bottles of wine or 9 quart bottles of fermented liquors of a strength exceeding 2 per cent of alcohol by volume or 27 quart bottles of fermented liquors of a strength not exceeding 2 per cent of alcohol by volume.] of foreign liquor a month if the applicant at the time of making an application is more than 55 years of age provided:

(a) the applicant has made such application within three months of the expiry of the health permit held by him authorising him to consume more than two units, and

(b) the Area Medical Board or the State Medical Board, as the case may be, recommends to such applicant a quantity in excess of two units [One unit is equal to 1 quart bottle (of 26-2/3 ozs.) of spirit or 3 quart bottles of wine or 9 quart bottles of fermented liquors of a strength exceeding 2 per cent of alcohol by volume or 27 quart bottles of fermented liquors of a strength not exceeding 2 per cent of alcohol by volume.].

This permit is usually granted for a period not exceeding that recommended by the Area Medical Board or the State Medical Board as the case may be, but such period shall not exceed six months in any case provided that the permit may be granted for a period not exceeding 12 months in the case of persons over 60 years of age.

Temporary residents' permits.

(3) Temporary Residents' Permits.-A temporary residents' permit is issued to persons born and brought up or domiciled in any country outside India, where liquor is usually consumed. No permit is granted for a period beyond 31st March next following the date of its commencement. The permit is granted for such monthly quantity not exceeding four units as the Collector may fix in each case.

Visitors' permits.

(4) Visitors' permits.-Any person visiting the State of Maharashtra for a period of not more than a week and desiring to possess, use and consume foreign liquor has to apply to the Collector. The permit is granted for a period not exceeding one week, provided that the Collector may extend the period of such a 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.

Interim permits.

(5) Interim Permits.-Any person who is eligible for a permit under Rule 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 be half 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 shall 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.

Tourists' Permits.

(6) Tourists' Permits.-A tourist's permit is issued free to a foreign tourist holding a tourist introduction card or tourist visa. The quantity "of foreign liquor granted under this permit is four units per month and the maximum period for which it is granted is one month.

Special permits.

(7) Special permit for privileged personages.-A special permit is granted to consular officers and the 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 their consorts and relatives.

A Permit is granted for any quantity of foreign liquor if the permit-holder is a Sovereign or 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.

Toddy.

The possession, use, etc., of toddy is totally prohibited.

Denatured spirit.

The possession and use of denatured spirit is prohibited except under permit. A permit for possession and use of denatured spirit up to a maximum quantity of two bottles per month is granted for domestic purposes. The possession and use of denatured spirit for medical, industrial and scientific or such purposes is also regulated by the system of permits.

Country-Liquor and Wine.

Authorisations for the use of country-liquor and wine for sacramental purposes only are granted to persons 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 the production of a medical certificate from the Medical Board constituted by Government for the purpose. The maximum quantity which may be allowed per month under such a permit is eight tolas in the case of ganja and bhang and five tolas in the case of opium. A permit can be granted for only one of those drugs.

Use for Industrial Purposes.

The possession, use, transport, sale, etc., of dangerous drugs is permitted under rules made in this behalf. Similarly possession, use, sale, etc., of mhowra flowers, molasses, rectified spirit and absolute alcohol are also permitted for industrial, medical and similar purposes under rules made under the Bombay Prohibition Act, 1949.

Neera and Palm Products.

The working of the Neera and Palm Products Scheme in the State of Maharashtra is entrusted to the Bombay Village Industries Board. The Board is doing the neera and palm gur work either itself or through co-operative societies or suitable institutions of constructive social workers such as (1) Gandhi Smarak Nidhi, (2) Sarvodaya Centres and (3) Ashrams. The tapping of palm trees, drawing of neera and sale and supply of neera are regulated under licences granted by the Collector under the Bombay Neera Rules, 1951.

Prohibition Sub-Committee of the District Development Board.

In order to amalgamate the activities of Government at district level, Government has set up a District Development Board in each district for advising and helping Government in respect of prohibition, rural development, labour welfare, irrigation, publicity, etc. With the setting up of the District Development Board for the Kolaba district, the former District Prohibition ' Committee was replaced by a Prohibition sub-Committee of the District Development Board consisting of ten members. The chairman of the sub- Committee is a non-official, and the District Inspector of Prohibition and Excise, Kolaba, is its Secretary. The sub-Committee consists or six non-officials and four officials.

Taluka Prohibition Drive Committee.

With a view to making the enforcement of prohibition more effective, taluka prohibition drive committees, one each for every Taluka or Mahal in areas other than Community Project and National Extension Service areas and Community Development Blocks under the auspices of the District Development Board, Kolaba, have been formed. The Mamlatdar or Mahalkari of the respective Taluka or Mahal is the chairman of the committee. The police sub-Inspector at the taluka or mahal headquarters is the secretary of the committee. A representative of the taluka or mahal home-guards organisation is also a member of the committee. The main functions of the taluka prohibition drive committees are to collect information relating to prohibition offences and to pass it on to the police sub-Inspector in charge of the prohibition squad; to assist the police to muster good panchas whenever necessary; to organise programmes for prohibition drive; to study the social and economic condition of persons engaged in anti-prohibition activities and to suggest to its chairman, ameliorative measures for their families so that they may give up their illegal activities and take to alternative employment, etc., and to prepare and maintain the following lists: -

(a) a list of the villages involved in illicit distillation, trans port, possession and sale of liquor,

(b) a village-wise list of persons or families, involved in illicit distillation, transport, possession and sale of liquor,

(c) a list of persons habituated to drink,

(d) a list of persons or licensees doing tincture business OT selling spirit, french polish, etc., in the areas for misuse as intoxicants.

Special Committees.

To carry out prohibition propaganda in the project and national extension service areas, special committees called as the sub-committees of block advisory committees have been constituted. The social education officer of the area is the secretary of such a committee. These committees have also to deal with the work relating to the enforcement of prohibition as is done by the taluka prohibition drive committees, in addition to prohibition propaganda work.

Sub-Committees.

To secure assistance from the village Panchayats in prohibition propaganda work they have been directed to form sub-committees for the purpose. These committees are to be guided in this regard by the social education officers if the villages are in Project or National Extension Service areas and by the district publicity officers and the prohibition and excise staff in other areas. Local officers such as patils and talathis have to assist and advise these sub-committees.

Sanskar Kendras.

There is one departmental sanskar kendra at Poladpur. There is also one subsidised sanskar kendra at Roha run by Roha-Ashtami Municipality, Roha.

Difficulties in the enforcement.

With the change in the aspect of the law from the old fiscal to the new social and moral objective, offences under the Prohibition Act came to be regarded as offences against society and involving moral turpitude. Prohibition offences were, therefore, made cognizable. With the introduction of total prohibition all the powers in connection with investigation, prevention, detection, prosecution, etc., in regard to prohibition offences were vested in the Police, and is now a regular duty of the police staff. The police, however, are handicapped with numerous difficulties in the enforcement of prohibition and prevention and detection of prohibition offences.

Prohibition offences.

The number of prohibition offences detected in Kolaba district during the last three years is as given below: -

Degree of success achieved.

The main objective with which the prohibition policy was implemented in the State has achieved a considerable measure of success. It has resulted in the improvement in the lot of poorer people who have now taken to better and more healthy habits, Coupled with this is the policy of implementing other social and economic reforms envisaged by the Government, that is bound to give prohibition policy a remarkable success.

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