The Gazetteers Department

[Prohibition policy has subsequently been modified in the State with the result that liquor consumption permits are liberally granted to applicants above 21 years]

The main object of prohibition policy is to raise the moral and economic standard of the people and to achieve peaceful living conditions in the society. Various laws have been framed to prohibit and to regulate the use, possessions, and consumption, etc. of intoxicants. With the merger of Yeotmal district in the former Bombay State, it was decided to introduce prohibition in the newly merged district, and accordingly prohibition was introduced in the district from 1st April 1959.

Organisation.

The Director of Prohibition and Excise is the head of the Prohibition and Excise Department, and is responsible for the administration of the excise and prohibition laws in the whole State. His office, therefore, guides and directs the proper implementation of the policy of the government in prohibition and excise matters.

The Prohibition and Excise department, administers the following Acts and rules, regulations and orders made thereunder: —

(i) The Bombay Prohibition Act, 1949.

(ii) The Bombay Opium Smoking Act, 1936.

(iii) The Bombay Drugs (Control) Act, 1959.

(iv) The Medicinal and Toilet Preparations (Excise Duties) Act, 1955.

(v) The Spirituous Preparations (Inter-State Trade and Commerce) Control Act, 1955, and

(vi) The Dangerous Drugs Act, 1930.

The subjects dealt with by the above Acts are briefly as under: —

(i) 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.

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

(iii) 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

(iv) 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.

(v) 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.

(vi) 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.

Enforcement Work.

The enforcement of prohibition, i.e., detection, investigation, etc., of offences 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 levels 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, particularly in the areas known for prohibition offences.

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 work carried on by the departmental officers. The Collectors have certain functions under the aforesaid Acts such as issue of licences, permits, etc., and they are subordinate to the Director of Prohibition and Excise in respect of such functions.

Yeotmal district at present has a District Inspector of Prohibition and Excise who assists the Collector 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 Bombay Prohibition Act, the Dangerous Drugs Act and the Bombay Opium Smoking Act. There is also a Prohibition Propaganda Officer in Yeotmal district who carries out prohibition propaganda throughout the district under the guidance of the District Inspector of Prohibition and Excise, Yeotmal and the Divisional Honorary Prohibition Organiser, Nagpur Division.

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 crimes.

The excise staff is 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 such exist. Briefly, they are responsible for control, propaganda and ameliorative work. Their work now is more or less of a liaison and supervision type and has educative value.

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 or servants, officers of other departments of State 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 the 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, prohibition officer or police officer as soon as it comes to their knowledge.

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-Inspectors 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 hand over such person or articles without unnecessary delay to the officer in charge of the nearest Police Station.

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

Kinds of permits.

Emergency Permits.—An 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 medicinal use on emergent occasions. The permit is granted for a yearly period up to 31st March 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 denned 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 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 such 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 should apply for renewal of their health permits through the Area Medical Board or the Civil Surgeon of the district.

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. 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 Permit:—Any person visiting the State of Maharashtra for a period of not more than one week and desiring to possess, use or consume foreign liquor may apply to the Collector for a permit. The permit is granted for a period of one week, provided the Collector may extend the period, but such period shall not be extended to a total period exceeding one month.

Special Permit for Privileged Personages:—This permit is granted to a Sovereign or Head of a foreign State, and a representative or officer of any international organisation, to which privileges and immunities are given under the United Nations (Privileges and Immunities) Act, 1947, 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 issued free of cost and valid up to 31st March of the following year.

Interim Permits:—Any person who is eligible for a temporary resident's 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.

Tourist's Permit.—A foreign tourist holding a tourist introduction card or tourist visa visiting the State of Maharashtra is granted free a tourist's permit for a period of his stay in the State but for a period not exceeding one month. All India Tourist's permit is granted for a period of three months by visa issuing officers of Indian oversea missions and by the Director, Assistant Director or Tourist Officer, Government of India, in Bombay, Delhi and Madras.

Toddy:—The possession, use etc., of toddy is completely prohibited in the district of Yeotmal.

Denatured Spirit.

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.

Country Liquor and Wine:—Authorisations for use of country liquor and wine for sacramental 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.

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

Neera and Palm Products.

Neera and Palm Products:—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, (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 to individuals are granted.

Sanskar Kendras.

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 known for prohibition offences and they 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., 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 Yeotmal district, there are two departmental sanskar kendras one at Pusad and the other at Digras.

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