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State of Madhya Pradesh - Section

Section 23A in The M.P. Excise Act, 1915

23A. [ Prohibition of Advertisements relating to liquor. [Inserted by M.P. Act No. 23 of 1978.]

(1)In this section, "advertisement" includes-
(a)any notice, circular, label, wrapper or other documents;
(b)any announcement made orally or by any means of producing or transmitting light, sound or smoke;
(c)any exhibition by means of slide or film exhibited on the screen in a cinema licensed under the Madhya Pradesh Cinemas (Regulation) Act, 1952 (No. 17 of 1952) or at any other place of entertainment.
(2)Whoever prints or publishes or causes to be printed or published in any newspaper, book, leaflet, booklet, or any other single or periodical publication or otherwise displays or distributes or causes or permits to be displayed or distributed any advertisement or other matter commending soliciting the use of, or offering or purporting to commending, soliciting the use of, or commending any liquor shall be punished for every such offence with imprisonment which may extend to six months or with fine which may extend to two thousand rupees or with both.
(3)Except as otherwise provided in sub-section (4), nothing in sub-section (2) shall apply to-
(a)catalogues or price-lists to be displayed on liquor vends in Madhya Pradesh in accordance with the provisions of this Act or the rules made thereunder;
(b)any advertisement or other matter contained in any newspaper, book, leaf-let booklet or other publication printed and published outside Madhya Pradesh;
(c)any advertisements or other matter contained in any newspaper printed and published in Madhya Pradesh before such date as the State Government may, be notification, specify; and
(d)any other advertisement or matter which the State Government may by notification, generally or specially exempt from the operation of this section.
(4)Notwithstanding anything contained in sub-section (3), the State Government may, by notification, prohibit within the State the circulation, distribution or sale of any newspaper, book, leaflet, booklet or other publication printed and published outside the State which contains any advertisement or matter commending soliciting the use of, or offering or purporting to commending, soliciting the use of or offering any liquor and whoever circulates, distributes or sells such newspaper, book, leaflet, booklet or other publication, in contravention of such notification, shall be punished for every offence with imprisonment which may extend to six months or with fine which may extend to two thousand rupees, or with both.
(5)When any newspaper, book, leaflet, booklet or other publication wherever printed or published appears to the State Government to contain any advertisement or matter commending, soliciting the use of, or offering any liquor, die State Government may, by notification, declare every copy of the issue of the newspaper and every copy of such book, leaflet, booklet or other publication to be forfeited to Government, and thereupon any Excise Officer, any officer of the police or revenue department and any other person authorised in that behalf by die State Government may seize the same wherever found in Madhya Pradesh and any Collector or Judicial Magistrate of the first class or second class or other officer authorised by the State Government may by warrant authorise any police officer not below the rank of sub-inspector to enter upon and search for the same in any premises where any copy of such issue or any such book, leaflet, booklet or other publication may be or may be reasonably suspected to be.]