The Gazetteers Department

The Director of Prohibition and Excise, who is the head of the Prohibition and Excise department is responsible for the administration of the Excise and Prohibition Laws in the State. His office, therefore, forms a central organisation for directing the proper implementation of the policy of the department and for guiding the Collectors and the District and Subordinate Prohibition and Excise Officers in the State.

The Prohibition and Excise department administers the Bombay Prohibition Act, 1949, the Bombay Opium Smoking Act, 1936, the Bombay Drugs (Control) Act, 1959, the Medicinal and Toilet Preparations (Excise Duties) Act, 1955, the Spirituous Preparations (Inter-State Trade and Commerce) Control Act, 1955, and the Dangerous Drugs Act, 1930.

The Bombay Prohibition Act, 1949, prohibits (the production, manufacture, possession, exportation, importation, transportation, purchase, sale, consumption and use of all intoxicants. However, these operations are lawful if they are permitted by any rules, regulations or orders. The Act also regulates the possession, sale etc., of mhowra flowers and molasses.

The Bombay Opium Smoking Act, 1936, prohibits the smoking of opium.

The Bombay Drugs (Control) Act, 1959, regulates the possession and sale of certain drugs which are used in a manner injurious to health and which are specified by Government in the Maharashtra Government Gazette as ' notified drugs '.

The Medicinal and Toilet Preparations (Excise Duties) Act, 1955, provides for the levy and collection of duties of excise on medicinal and toilet preparation containing alcohol, opium, Indian hemp or other narcotic drug or narcotics.

The Spirituous Preparations (Inter-State Trade and Commerce) Control Act, 1955, makes provision for imposition in the public interest of certain restrictions on inter-State trade and commerce in spirituous, medicinal and other preparations and to provide for matters connected therewith.

The Dangerous Drugs Act, 1930, prohibits the manufacture, exportation, importation, sale, possession and transportation of manufactured drugs like cocaine, morphine, heroin, pethidine etc. except in accordance with the rules made in that behalf.

The enforcement of prohibition, i.e., detection, investigation, etc. of offences under the above Acts is entrusted to the Police department. Besides administration of the Acts mentioned above, the Prohibition and Excise department attends to the work of prohibition propaganda and education. Social workers of repute are appointed at the divisional level as Divisional Honorary Prohibition Organisers and they attend to the work of prohibition propaganda by addressing meetings and impressing upon the masses the evil effects of intoxicants. They also work for enlisting the co-operation of social workers and institutions for prohibition propaganda. At the district level, Prohibition Propaganda Officers carry on intensive prohibition propaganda.

The control in all excise matters is vested in the Director of Prohibition and Excise. He is also responsible for general supervision of the prohibition propaganda work carried out by the departmental officers. The Collectors have certain functions under the aforesaid acts such as issue of licences and permits, and in respect of such functions, they are subordinate to the Director of Prohibition and Excise.

For Sangli district, there is a District Inspector of Prohibition and Excise at Sangli who assists the Collector of Sangli in all excise and prohibition matters. Under the District Inspector, there are two Sub-Inspectors of Prohibition and Excise for executive work, The Sub-Inspectors of Prohibition and Excise have also been vested with certain powers under the Prohibition Act, the Dangerous Drugs Act and the Bombay Opium Smoking Act, There is also a Prohibition Propaganda Officer in Sangli district who carries out prohibition propaganda throughout the district under the guidance of the District Inspector of Prohibition and Excise, Sangli, and the Divisional Honorary Prohibition Organiser, Poona.

Functions.

The main functions of this department are confined to licensing, inspection of licences and the enforcement of various controls enacted under the Acts referred to above, particularly under the Bombay Prohibition Act. The officers of the department have also to do propaganda on total prohibition and the various advantages derived therefrom amongst the people in the State and to supervise and organise recreation centres in their charges and 'to co-operate with the Police department in their duties of prevention and detection of prohibition offences. The excise, staff is responsible for the supervision of bonded manufactories, warehouses, Neera centres and management of Government liquor and drugs sales depots and inspection of various excise licences. They are also required to associate themselves with the ameliorative and social side of the prohibition campaign. Briefly, they arc responsible for control, propaganda and ameliorative work. Though, officers of the Prohibition and Excise department of and above the rank of Sub-Inspector have been vested with powers to investigate offences, these officers generally pass on the information of the commission of offences and hand over the cases, if any, detected by them, to the Police for investigation. The Home Guards Organisation also assists the police in this work. Under section 134 of the Prohibition Act, village officers, village servants: useful to 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 knowledge and also to prevent the commission of breaches of the provisions of the Act about which they may have knowledge. Under section 133, officers and servants of local authorities are also bound to assist any police officer or person authorised to carry out 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 they come to know of it.

All revenue officers of and above the rank of Mamlatdar or Mahalkari. 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 Prohibition Act, within the limits of their respective jurisdictions, to arrest without a warrant any person whom they have reason to believe to be guilty of an offence under the Act, and to seize and detain any article of contraband. The officer so authorised, when he arrests any person or seizes and detains any articles, has to handover such person or articles without unnecessary delay to the officer-in-charge of the nearest police station.

Kinds of Permits.

Various permits are granted for possession, use and consumption of foreign liquor. They are—

Emergency Permit.—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. A permit is not granted to more than one member of a household at anyone time or to a minor. The term 'household' is defined as a group of persons residing and messing jointly as the members of one domestic unit.

Health Permit.—The health permit is granted for the 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.

Temporary Resident's Permit.—A temporary resident's permit is issued to persons born and brought up or domiciled in a country outside India where liquor is usually consumed.

Visitors Permit.—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 is granted this permit.

Special permits for privileged personages.—This permit is granted to consular officers and the members of the staff appointed by or serving under them, provided that such members are nationals of foreign countries. It is also granted to the consorts and relatives of the above pereons.

Interim Permit.—Any person who is eligible for a temporary residents' permit, health permit or special permit for privileged personages, and desires to possess, use or consume foreign liquor pending grant of any of the regular permits mentioned above is granted an interim permit.

Tourists Permit.—A foreign tourist holding a tourist's introduction card or tourist visa, visiting the State of Maharashtra, is granted free a tourist's permit for the period of his stay in the State hut for a period not exceeding one month.

Denatured Spirit.

The possession and use of denatured spirit is prohibited, except under permit or licence. A permit for possession and use of denatured spirit for domestic purposes is granted for a quantity not exceeding one quart bottle per month:

Provided that the officer granting the permit may for any special reasons grant the permit for any quantity not exceeding three quart bottles per month:

Provided further that with previous sanction of the Collector, a permit may be granted for a quantity not exceeding three quart bottles per month.

The possession and use of denatured spirit for medicinal, scientific and educational purposes and for the purpose of art, industry or profession is regulated by the system of licences prescribed in this behalf. Methylated industrial denatured spirit required for use in any industry etc., is allowed to be possessed on licences issued under the Bombay Denatured Spirit Rules, 1959.

Country Liquor and Wine.

Authorisations for use of country liquor and wine for sacra- mental purposes only are granted to priests of certain communities, viz., Parsees, Jews and Christians. The possession, use etc. of country liquor except for sacramental purposes is prohibited.

Ganja, Bhang and Opium.

A permit for personal consumption of opium, ganja and bhang is granted only on production of a medical certificate from the Medical Board constituted by Government or a Medical Officer appointed for the purpose.

Neera and Palm products.

Neera sale licences as well as licences for manufacturing gur from neera are granted only to the co-operative societies organised by constructive social workers, other similarly organised institutions such as Gandhi Smarak Nidhi, ashrams, organisations in charge of intensive area schemes and sarvodaya centres etc., on the recommendation of the Khadi and Village Industries Board for the State of Maharashtra. No neera licences to individuals are granted.

Sanskar Kendras.

In order to provide facilities for recreation and to serve as counter attraction for the purpose of weaning the addicts from the drink and drug habit, "Sanskar Kendras'' or Cultural Centres are established and are run either departmentally or by the efforts of the local social workers or social institutions interested in prohibition work. At the Sanskar Kendras, newspapers, magazines and facilities for indoor and outdoor games are provided and programmes like bhajans, kirtans, music, folk songs, dramas etc. are arranged. Government gives subsidy to the Sanskar Kendras run by social workers and institutions. In Sangli district, there are three subsidised Sanskar Kendras located at Shirola, Newri and Yerandoli.

However, recently the Government have liberalised the granting of a permit and any person who is more than forty years of age, gets a permit on production of a medical certificate.

The objective in implementing the prohibition policy has been achieved to a considerable extent. It has resulted in the improvement of the economic lot of the people and the poorer drink addicts have now taken to better and healthier habits. Coupled with other social and economic reforms, prohibition policy is bound to improve, in general, the living standard of the people.

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