APPENDIX 11 THE BIHAR PROHIBITION ACT, 1938. (Bihar Act VI of 1938)

1938 · State unknown · central · act_text

Sections (28)

1 · see now S. o. No. 187 dated 1.4.1991.

1 · Now code of Criminal Procedure, 1973 (Act 2 of 1974).

6 · Prohibition authorities to be guided by orders and instruction of Provincial Government. – In the exercise of the powers and the discharge of the duties conferred and imposed on a Prohibition authority under sub-section (1) of section 5, such prohibition authority shall be guided by such orders and instruction as he may from time to time receive from the Provincial Government.

15 · Presumption on prosecutions under section 9 or 10. – It may be presumed until the contrary is proved, that a person accused of any offence under clause (e) of section 9, or clause (c) of sub-section (1) section 10 has committed such offence in respect of any stills, utensils. Implement or apparatus whatsoever for the manufacture of liquor or any intoxicating drug or any such materials as are ordinarily used for the manufacture of liquor or any intoxicating drug for the possession of which he is unable to account satisfactorily.

17 · Permits to manufacture liquor.- Provincial Government may issue a permit to any person to manufacture liquor in any distillery and to sell or export any liquor so manufactured to such persons or to such areas and subject to such condition as may be specified in the permit.

18 · Punishment for rendering or attempting to render denatured spirit fit for human consumption- Whoever renders or attempts to render fit for human consumption any sprit, whether manufactured in India or not, which has been denatured, or has, in his possession, any spirit in respect of which he knows or has reason to believe that any such attempt has been made, shall be punishable with imprisonment of either description which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

19 · Prohibition of advertisement.- Whoever prints or publishes in any newspaper, book, leaflet, booklet or any other single or periodical publication or otherwise displays or distributes any advertisement or other matter commending, soliciting the use of, or offering any liquor, tari or intoxicating drug other than liquor, tari or drugs exempted under section 28 shall be punished with fine which may extend to one thousand rupees:

21 · punishment for vexatious delay.- Any officer or person exercising powers under this Act, who vexatiously and unnecessarily delays forwarding to the officer in charge of the nearest police station as required by section 39 any person arrested or any article seized under this Act, shall be punishable with imprisonment of either description which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

22 · Punishment for abetment or escape of persons arrested, etc.,- Any officer or person exercising powers under this Act, who –

24 · Punishment for abetment of offences against the Act.- Where any offence against this Act, is committed in any area in which it is in force, whoever commits, or attempts to commit, or abets the commission of, any of the Acts, making up the offence shall be liable to be punished therefore, whether such commission, attempt or abetment takes place within or outside such area.

1 · Now See Cr. P.C. 1973 (2 of 1974).

2 · See now S. O. No. 187 dated 1.4.1991.

30 · License for bonafide medicinal or other purposes.- The Provincial Government or, subject to the control of the Provincial Government, the Collector may issue licenses to any person or in respect of any institution, whether under the management of Government or not, for the manufacture, export, import, transport, sale or possession of any liquor, intoxicating drug or article containing such liquor or drug, on the ground that such liquor, drug or article is required by such person or in respect of such institution for a bonafide medicinal, scientific, industrial or such like purpose:

33 · Exemption of liquor required for religious purposes.- The Provincial Government may, by notification, declare that liquor or intoxication drug required by persons other than Musalmans for bonafide religious purposes to be specified in such notification shall be exempt from all or any of the provisions of this Act, subject to such conditions and restrictions as may be specified in such notification.

34 · Exemption in case of Christians on religious grounds.- The privisions of this Act, shall not apply to the brewing, possession or use of wine by Roman Catholics and members of the Church of England for the purposes of mass and Holy Communication in such quantity, to such an extent and under such condition as may be prescribed by the Provincial Government.

35 · Form and conditions of licences and permits- Every licence or permit granted under section 30, 31 or 32 shall-

36 · Power to cancel or suspend licences and permits. – (1) The Collector may cancel or suspend any licence or permit granted under sections 30, 31 or 32-

37 · Penalty for breach of the conditions of licence and permits. – In the event of any breach by the holder of any licence or permit granted under sections 30, 31 or 32 or by his servants or by any one acting with his express or implied permission on his behalf, of any or the terms or conditions of such licence or permit, such holder shall, in addition to the cancellation or suspension of the licence or permit granted to him, be punishable with imprisonment of either description which may extend to six months, or with fine which may extend to one thousand rupees, or with both, unless he shall establish that all due and reasonable precautions were exercised by him to prevent any such breach.

38 · Prohibition authorities may be vested with powers of officer in charge of police station.- The Provincial Government may, by notification, invest any of the Prohibition authorities specified in section 4 with all or any of the powers or duties conferred or imposed by the code of Criminal Procedure, 1898 (V of 1898) 1 , on the officer in charge of a police-station in respect of investigations, arrests, searches, seizures and detention in custody for offences under this Act, and may, in such notification, specify the area within which such authority shall exercise such power:

39 · Arrest of offenders, seizure of contraband liquor and articles without warrant.- (1) Any officer or person authorized by the Provincial Government in this behalf may-

1 · Now See Cr. P.C., 1973 (2 of 1974).

40 · Duty of officials of all departments and local bodies to assist.- Every officer of the Crown and every officer or servant of a local body shall be legally bound to assist any Prohibition authority or Police Officer in Carrying out the provisions of this Act.

41 · Offences to be reported etc.- Every village chaukidar and dafadar shall be bound to give immediate information at the nearest police station or to a Prohibition authority of any breach of any of the provisions of this Act which may come to his knowledge; and all such officers and servants shall be bound to take all reasonable measures in their power to prevent the commission of any such branches which they may know or have reason to believe are about or likely to be committed.

42 · Landholders and others to give information.- Every person who occupies any land or building or who is a landlord of an estate, residing in the village, on or in which there shall be any tapping for tari or manufacture of any liquor or intoxicating drug not authorized by a permit or license issued under this Act, shall, in the absence of reasonable excuse, be bound to give notice of the same to a magistrate or to a Prohibition authority or to an officer of the Police as soon as such tapping or manufacture shall have come to his knowledge.

43 · When attendance of witnesses to be dispensed with, and procedure in such cases.- A Police Officer or any Prohibition authority vested with the powers of an officer in charge of a police-station shall, instead of summoning to appear before him any person who, from sickness or other infirmity, may be unable so to do or whom, by reason of rank or sex, it may not be proper to summon, proceed to the residence of such person and thereto require him to answer such questions as he may consider necessary with respect to such inquiry; and such person shall be bound so to answer accordingly.

44 · Power to make rules.- (1) The provincial Government may make rules for the purpose of carrying into effect the provisions of this Act.

1 · [THE SCHEDULE (See Section 2)

1 · Subs. by Bihar Act 6 of 1939 .

APPENDIX 11 THE BIHAR PROHIBITION ACT, 1938. (Bihar Act VI of 1938)

Sections (28)

Subordinates (0)