WELFARE DEPARTMENTS

DEPARTMENT OF PROHIBITION AND EXCISE.

Organisation.

SINCE THE INTRODUCTION OF COMPLETE PROHIBITION in the areas of the former State of Bombay from April 1, 1950, the former Depart- ment of Excise has been designated as the Department of Prohibition and Excise. The officer in charge of the administration of the department in the district is the Collector of Ratnagiri. lie is responsible to the Director of Excise and Prohibition, 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 Duty) 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 Superintendent of Prohibition and Excise, Ratnagiri, assists the Collector and is in actual charge of the work of the department in the district. He has under him a Sub-Inspector stationed at Ratnagiri. 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 Board.

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 a 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 medical necessity and the quantity of the drug which may be permitted per month for personal consumption. Medical examination of applicants for permits for foreign liquor on grounds of health is done by the Government medical officers at the Government hospitals or dispensaries in the district. So far as the town of Ratnagiri 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 and countersigned by the Civil Surgeon, Ratnagiri.

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 of and above the rank of Inspector 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 the same 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 servants of local authorities are legally bound to assist the police and other persons authorised in this behalf in carrying out the provisions of the Act. Under section 135 occupants of land or 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 Act, within the limits of their respective jurisdiction, to arrest without warrant, any person whom they have reason to believe to be guilty of an 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. These officers when they so arrest any person or seize or 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 enforced) and 1952-53:-

The total revenue, which was Rs. 21,98,674 in 1945-46 was only Rs. 39,763 in 1950-51 and Rs. 10,379 in 1952-53.

Kinds of permits.

Permits of the following kinds are granted for possession, use and consumption of foreign liquor: -

Emergency Permits.

Emergency permit is granted for 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 purpose on emergent occasions. The 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 6-2/3 fluid ounces of brandy or rum or 13-1/3 fluid ounces of champagne per six months. A permit is not granted to more than one member of a household at one time. The term ' household' is defined as a group of persons residing and messing jointly as members of one domestic unit.

Health.

A health permit is granted for use or consumption of foreign liquor for a quantity up to the maximum of two units a month to any person who requires such liquor for the preservation or maintenance of his health. The permit may be granted for a quantity exceeding two units but not more than three units 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 [One unit is equal to 1 quart bottle (of 26-2/3 ozs.) of spirits 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.]; 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.

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.

Temporary resident's permit is issued to persons born and brought up or domiciled in any foreign country, where liquor is generally used or 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.

Visitor's.

Any person visiting the State 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. 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.

Interim.

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 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 shall not in any case exceed two units of foreign liquor per month if the permit holder is not eligible for permit under rule 63 or 64, or four units of foreign liquor per month in other cases except with the sanction of the Director of Prohibition and Excise.

This 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 for Privileged persons.

This 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 0f a foreign State. It is also granted to their consorts and relatives.

This permit is granted for any quantity of foreign liquors if the permit holder is a Sovereign or Head of 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, scientific or such similar 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 permit is 15 tolas in the case of ganja and bhang and 7½ tolas in the case of opium. A permit can be granted for only one of these drugs.

Use for Industrial purposes etc.

The possession, use, transport, sale, etc., of dangerous drugs are 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 pre- reorganisation State of Bombay was entrusted to the Bombay Village Industries Board. The Board is doing the neera and palm gur work either by 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 Committee.

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 Ratnagiri district, the former District Prohibition Committee has been 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 Superintendent of Prohibition and Excise, Ratnagiri is its Secretary. The Sub-Committee consists of eight non-officials and two officials.

Taluka Prohibition Drive Committees.

To make the enforcement of Prohibition more effective, Taluka Prohibition Drive Committees in areas other than Project and National Extension Service areas and Community Development Blocks under the auspices of the District Development Board, Ratnagiri, have been formed. There is such a committee for each Taluka/Mahal in the areas stated above. The Mamlatdar/Mahalkari of the respective Taluka/Mahal is the Chairman of the Committee. The police sub-inspector at the Taluka/Mahal headquarters is secretary of the committee. A representative of the Taluka/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 the programme for prohibition drive; to study the social and economic conditions 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) list of the villages involved in illicit distillation, transport, possession and sale of liquor;

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

(c) list of persons habituated to drink;

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

Special Committees.

For the purpose of assisting in the prohibition propaganda in the Project and National Extension Service areas, special committees of block advisory committees have been constituted. The Social Education Officer of the area is the Secretary of such Committee. These committees have also to deal with the work relating to the enforcement of prohibition as is to be done by the taluka prohibition drive committees, in addition to the prohibition propaganda work.

Sub-Committees of Village Panchayats.

To secure assistance from the village panchayats in prohibition propaganda work they have been directed to form sub-committees. These committees are to be guided in this regard by the Social Education Officer 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 in this regard.

Sanskar Kendras.

In January 1959 there were three subsidised Sanskar Kendras all of which were run by co-operative societies. The names of those co-operative societies and the gram panchayats are given below:-

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