The Gazetteers Department

[Now the Prohibition Policy of the Government has changed thoroughly. Under the new policy liquor permits are granted liberally to all citizens above 21 years of age.]

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 or orders. Prohibition was implemented in the then Bombay State from April 1, 1950. With the merger of Wardha district in the erstwhile Bombay State, it was decided to extend this policy to the newly merged district also.

Organisation.

The Prohibition and Excise Department is headed by the Director of Prohibition and Excise and is responsible for the administration of the Excise and Prohibition laws in the State. His office forms a central organisation for directing the proper implementation of the policy of the Department and for guiding the Collectors and District 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, 1965; the Spirituous Preparations (Inter-State Trade and Commerce) Control Act, 1955, and the Dangerous Drugs Act, 1930, and rules, regulations and orders made there under.

The Bombay Prohibition Act, 1949, prohibits the production, manufacture, possession, exportation, importation, transportation, purchase, sale, consumption and use of all intoxicants. However, these transactions can be permitted by 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 so specified by the Government.

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

The Spirituous Preparations (Inter-State Trade and Commerce) Control Act, 1955 regulates, in the public interest, the movement on an inter-State basis of certain spirituous medicinal and other preparations.

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.,) under the above Acts is entrusted to the Police Department. Besides the administration of the Acts mentioned above, the Department plans and arranges prohibition propaganda. Social workers of repute are appointed at regional level as Divisional Honorary Prohibition Organisers. 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, the Prohibition Propaganda Officers carry on intensive prohibition propaganda particularly in the notorious areas of the district.

The control in all excise matters is vested in the Director of Prohibition and Excise. He is also responsible for the general supervision of the prohibition propaganda carried on by the departmental officers. The Collector has certain functions under the aforesaid Acts such as issue of licences, permits, etc., and he is subordinate to the Director of Prohibition and Excise in respect of such functions.

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

Enforcement Work.

The main functions of the 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 carry on propaganda on total prohibition and the various advantages derived there from amongst the people, to supervise and organise recreation centres in their charge, and to co-operate with the Police department in their duties of prevention and detection of prohibition offences. The Excise staff is mainly responsible for the supervision of bonded manufactories, warehouses, neera centres and management of Government liquor and drugs sale depots and inspection of various excise licences. They are also required to associate themselves in increasing measures with the ameliorative and social side of the prohibition campaign, and to tighten the loopholes where they exist. Briefly, they are responsible for control, propaganda and ameliorative work, and their main work now is of a liaison and supervision type as also educational. 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 State Home Guards Organisation also assists the Police in this work. Under Section 134 of the Prohibition Act, village officers or servants useful to Government and officers and servants of local authorities are required 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 drug to a Magistrate, a Prohibition Officer or a Police Officer as soon as it comes to their notice.

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 article, has to forward such person or article without unnecessary delay to the officer in charge of the nearest police station.

Kinds of Permits.

Various permits are granted for possession, use, etc, of foreign liquor. They are:—

Emergency.

Emergency permit is granted for the use and consumption of brandy, rum or champagne to any person for his/her own use or consumption or to any head of a household for the use of his/her household for medicinal use on emergent occasions. The permit is granted for a yearly period upto 31st March next following the date of the commencement of the permit and for a quantity not exceeding 4 drams i.e., 13 1/3 fluid ounces of brandy or rum or 8 drams i.e., 26 2/3 fluid ounces of champagne for 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 the members of one domestic unit.

Health.

The health permit is granted for the use or consumption of foreign liquor to any person who requires such liquor for the preservation or maintenance of his health. Persons over 40 years of age are granted health permits for the quantity as recommended by a registered medical practitioner but not exceeding 4 units per month for a period not exceeding twenty four months and persons between the age group of 30 and 40 years are granted three units per month for one year and persons below 30 years are granted 2 units per month for one year on the recommendation of the Area Medical Board or the State Medical Board or the Registered Medical Practitioner as the case may be. Health permits granted to persons over 40 years of age and between 30 and 40 years of age are renewed as recommended by the Registered Medical Practitioner. Persons under 30 years of age have to apply for renewal of their health permits through the Area Medical Board or the Civil Surgeon of the district.

Temporary Residents.

A temporary residents' permit is issued to persons born and brought up or domiciled in a country outside India, where liquor is usually consumed. No permit is granted for a period exceeding twenty four months from the date of its commencement. The permit is granted for such monthly quantity not exceeding six units as the Collector may fix in each case.

Visitor's.

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 shall apply to the Collector. The permit shall be 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 shall be granted for a quantity exceeding one unit per week.

Special.

This permit is granted to a Sovereign or the Head of a foreign state, a representative or officer of any international organisation to which privileges and immunities are given under the United Nations (Privileges and Immunities) Act, 1947 and to consular officers and the members of the staff appointed by or serving under them, provided that such members are nationals of a foreign State. It is also granted to the consorts and relatives of the above persons. This permit is granted free of cost and is valid upto 31st March of the following year.

Interim.

Any person who is eligible for a permit under Rules 63, 64 or 68 of the Bombay Foreign Liquor Rules, 1963, 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 shall be granted for a period exceeding two months. The permit shall be 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 Rules 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.

A foreign tourist holding a tourists introduction card or tourist visa visiting the State of Maharashtra is granted free of charge a tourist's permit for the period of his stay in the State but for a period not exceeding one month. All India Tourist Permit is granted for a period of three months by Visa Issuing Officers of the Indian Missions Overseas, Tourist Officer, Government of India at Bombay, Delhi and Madras.

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 purpose is normally 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 the previous sanction of the Collector a permit may be granted for a quantity exceeding three quart bottles per month.

The possession and use of denatured spirit for medical, scientific and educational purposes and for purpose of art, industry or profession is regulated by the system of licences prescribed in this behalf. 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 sacramental purposes only are granted to priests of certain communities such as 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 the Government or Medical Officer appointed for the purpose.

Neera and Palm production scheme.

Neera sale licences as well as licences for manufacturing gur from neera are granted only to (1) the co-operative societies organised by constructive social workers, and (2) other similar organised institutions such as Gandhi Smarak Nidhi, ashrams, organisations in charge of intensive area schemes, sarvodaya centres, etc., on the recommendation of the Khadi and Village Industries Board for the State of Maharashtra. No neera licences are granted to individuals.

Sanskar Kendras.

In order to provide facilities for recreation and counter attraction for the purpose of weaning the addicts from the drink and drug habit, " Sanskar Kendras " or Cultural Centres are established in labour areas or areas notorious for prohibition offences. They are run either depart-mentally 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., in which the people of the locality are interested are arranged. Government grants subsidy to the Sanskar Kendras run by social workers and institutions. In Wardha district, there are two departmental Sanskar Kendras at Waigaon and Talegaon.

Enforcement.

With the change in the aspect of the law from the old fiscal to 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 and with the introduction of total prohibition all the powers in connection with investigation, prevention, detection, prosecution, etc., of prohibition offences were vested in the Police. The work of prevention, detection, etc., of prohibition offences is now a regular duty of the Police staff. The main difficulty encountered in the enforcement of prohibition is lack of adequate co-operation of the public to help the Police in the prevention and detection of prohibition offences. The difficulty of securing the services of respectable persons to work as punch witnesses in prohibition cases is also often felt.

Prohibition has, in effect, raised the standard of living of the poorer classes. They eat better food and wear better clothes. Their children go to schools, and the womenfolk are happier. They can now purchase articles which prior to prohibition would have been regarded as beyond their means. Poorer sections of the society now resort to cinemas, hotels and other places of public amusement for entertainment frequently. Due to prohibition, there has been a great change in the ideas of social values and manners. Prohibition has resulted in lesser family feuds, better and cordial relations at home, greater and proper care for their children, almost complete absence of the street brawls and of quarrelsome atmosphere of the neighbourhoods, and above all, in general peace and tranquillity particularly among the groups once noted for drinking and mis-behaving.

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