OTHER SOCIAL SERVICES

THE DEPARTMENT OF PROHIBITION AND EXCISE

Organisation.

SINCE THE INTRODUCTION OF COMPLETE PROHIBITION in the former areas of the State of Bombay from 1st April 1950, the former Department of Excise has come to be designated as the Department of Prohibition^-and Excise. The Officer-in-charge of the administration of this department in Satara district is the Collector of the district. In relation to this department, 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 Drags (Control) Act, 1952, the Spirituous Preparations (Inter-State Trade and Commerce) Control Act, 1955, 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, Satara, assists the Collector and is in actual charge of the work of the department in the district. He has under him one sub-inspector stationed at Karad, who is in-charge of Karad, Patan, Man, Koregaon, Khatav and Phaltan talukas. The District Inspector of Prohibition and Excise and sub-inspectors have also been invested with certain powers under the Bombay Prohibition Act and 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 dispensary, 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. 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 Satara 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, Satara.

Enforcement Work.

The Police Department is entrusted with the work of prevention, detection, investigation and prosecution of offences under the Prohibition Act and the 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 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 village officers or servants useful to Government and all officers of other departments of the State Government, and officers and servants of local authorities are bound not only to give information to the police of breaches of the provisions of the Bombay Prohibition Act, 1949 which may come to their knowledge, but also to prevent the commission of breaches of the said Act about which they may have knowledge. 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 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 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. 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 1945-46, 1950-51 (the year in which complete prohibition was in force) and 1952-53:-

The total excise revenue which was Rs. 19,72,661 in 1945-46 was only Rs. 47,786 in 1950-51 and Rs. 9,190 in 1952-53.

Kinds of Permits.

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

Emergency.

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 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 any one time. The term ' household' is defined as a group of persons residing and messing jointly as members of one domestic unit.

Health.

The health permit is granted for 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 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; 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 Resident's.

A 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 of Maharashtra fpr 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 68 or four units of foreign liquor per month in other cases, except with the sanction of the Director of Prohibition and Excise.

Tourist's.

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

The permit is granted for any quantity of foreign liquor 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 upto 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 purpose is also regulated by permit system.

Country Liquor and Wine.

Authorisation 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 is entrusted to the Bombay Village Industries Board. The Board is doing the neera and plam 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.

With a view to amalgamating the activities of Government at district level, Government has set up a District Development Board an 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 Satara 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 non-official, and the District Inspector of Prohibition and Excise, Satara is its Secretary. The Sub-Committee consists of eight non-officials and two officials.

Taluka Prohibition Drive Committee.

To make the enforcement of prohibition more effective, Taluka Prohibition Drive Committees in areas other than Community Project and National Extension Service Areas and Community Development Blocks under the auspices of the District Development Board, Satara have been formed. There is such a committee for each taluka/mahal in the district. The mamlatdar/mahalkari of the respective taluka/ mahal is the Chairman of the committee. The Police Sub-Inspector at the taluka/mahal/headquarters is the 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: (1) to collect information relating to prohibition offences and to pass it on to the Police Sub-Inspector in-charge of the Prohibition Squad; (2) to assist the Police to muster good panchas whenever necessary, (3) to organise the programmes for Prohibition Drive, (4) 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 (5) 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 Commitees.

To carry out prohibition propaganda in the Project and National Extension Service Areas, special committees called the sub- committees of the 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 done by the Taluka Prohibition Drive Committees, in addition to the Prohibition propaganda work.

Sub-Committees of villages panchayats.

With a view to securing 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 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 in this regard.

Sanskar Kendras.

In Satara district, there are three subsidised sanskar kendras. One is run by a co-operative society and two are run by gram panchayats. The names of the co-operative society and the gram panchayats are Karad Co-operative Purchase and Sale Union Ltd. Karad; Village Panchayat, Arvi; and Gram Panchayat, Ural.

Objectives of Prohibition Laws.

Objectives of prohibition laws are 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, with a view to promoting, enforcing and carrying into effect the policy of prohibition in the State of Maharashtra.

Difficulties encountered in the enforcement of Prohibition.- With the change in the aspect of the law from the old fiscal to the new social and moral, 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. The police, however, are handicapped by numerous difficulties in the enforcement of prohibition and prevention and detection of prohibition offences.

Number of prohibition offences during recent years.-The number of prohibition offences detected in Satara district during the last three years is as given below:-

Degree of success achieved.-The objective in implementing the prohibition policy has been achieved to a considerable extent. Prohibition has helped in improving the lot of the poor who have now taken to more healthy habits. This coupled with the social and economic reforms envisaged by the Government is bound to make prohibition policy a remarkable success.

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