- In this Act, unless there is anything repugnant in the subject or context,-(1)"authorisation" means an authorization granted under section 45 for the use of liquor for sacramental purposes;(2)"to bottle" with its various grammatical variations, means to transfer any article from a cask or other vessel to a bottle, jar, flask pot or similar receptacle for the purpose of sale, whether any process of manufacture be employed or no bottling includes re-bottling;[***] [Clause (3) was deleted by Bombay 22 of 1960, section 2(a).](4)[ "Collector" includes an officer appointed by the State Government to exercise all or any of the powers and to perform all or any of the duties or functions of a Collector under this Act;] [These clauses were substituted for the original by Bombay 12 of 1959, section 6(a).](5)"Director" means an officer appointed as the Director of Prohibition and Excise under section 3, and includes any officer on whom the State Government may confer all or any of the powers of the Director under this Act;](6)"Committee [or board] [These words were inserted by Bombay 22 of 1960, section 2(b).]" means [a committee or board] [These words were substituted for the words, 'any of the committees', by Bombay 22 of 1960.] appointed by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government under section 7;(7)"Common drinking house" means a place where the drinking of liquor or consumption of any intoxicating drug is allowed for the profit or gain of the person owning, occupying, using, keeping or having the care of management or control of such place whether by way of charge for the use of the place or for drinking facilities provided, or otherwise howsoever and includes the premises of a club or any other place which is habitually used for the purpose of drinking liquor or consuming any intoxicating drug by more than one person without a licence granted under this Act;(8)"country liquor" includes all liquor produced or manufactured in India;(9)[ "cultivation" means raising a plant from seed and includes the tending or protecting of a plant during its growth;] [This clause was substituted for the original by Bombay 22 of 1960, Section 2(c).](10)"denatured" means subjected to a process prescribed for the purpose of rendering unfit for human consumption;(10a)[ "denatured spirituous preparation" means [any liquid preparation made with and containing denatured spirit] [Clause (10a) was inserted by Bombay 36 of 1954, Section 2.] [or denatured alcohol] [These words were substituted for the words 'or alcohol' by Bombay 22 of 1960, Section 2(d).] and includes lacquers, French Polish, and varnish prepared out of such spirit or alcohol;][***] [Clause (11) was deleted, by Bombay 22 of 1960, 2(e).](12)"to drink" with its grammatical variations means to drink liquor or to consume any intoxicating drug;(13)"excisable article" means-(a)any alcoholic liquor for human consumption;(b)an intoxicating drug [or hemp] [These words were added, by Bombay 22 of 1960, Section 2(f).];(c)opium;(d)[ other narcotic drugs and narcotics which the State Government may by notification in the Official Gazette, declare to be an excisable article] [This clause was substituted for clauses (d) and (e), by Bombay 22 of 1960, Section 2(f).];(14)"excise duty" and "countervailing duty" means such excise duty or countervailing duty, as the case may be, as is mentioned in [entry 51 in List II in the Seventh Schedule to the Constitution] [This portion substituted for the portion 'Item 40 in List II in the Seventh Schedule to the Government of India Act, 1935' by the Adaptation of Laws Order, 1950.];(15)"excise revenue" means revenue derived or derivable from any duty, fee, tax, fine (other than a fine imposed by a court of law) or confiscation or forfeiture imposed or ordered under the provisions of this Act, or of any other law for the time being in force relating to intoxicants;(16)"export" (except in section 147) means to take out of the [State] [This word was substituted for the words 'pre-reorganisation State of Bombay excluding the transferred territories' by Bombay 12 of 1959, section 3.] otherwise than across a customs frontier. [******] [The words 'as defined by the Dominion Government' were deleted by Bombay 26 of 1952, section 2(1).](17)"foreign liquor" [means all liquor produced or manufactured outside India:] [These words were substituted for the words 'includes all liquor brought into India by sea, air or land' by Bombay 22 of 1960, Section 2(g).]Provided that the [State] [These words were substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, by notification in the Official Gazette, declare, that any specified description of country liquor shall for the purposes of this Act, be deemed to be foreign liquor;(18)"hemp" means any variety of the Indian hemp plant from which intoxicating drugs can be produced;(19)"hotel licence" means a licence granted under section 36:(19a)[ "household" means a group of persons residing and messing jointly as members of one domestic unit, but does not include their servants;] [This clause was inserted by Bombay 22 of 1960, Section 2(h).](20)"import" (except in section 147) means to bring into the [State] [This word was substituted for the ward 'pre-reorganisation State of Bombay excluding the transferred territories' by Bombay 12 of 1959, section 3.] otherwise than across a custom frontier [***] [The words 'as defined by the Dominion Government' were deleted by Bombay 26 of 1952, section 2(1).](21)"interim permit" means a permit granted under section 47;(22)"intoxicant" means any liquor, intoxicating drug, opium or any other substance, which the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, by notification in the Official Gazette declare to be an intoxicant;(23)"Intoxicating drugs" means-(a)[ Ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be called;] [Substituted by Gujarat Act No. 9 of 2017, dated 16.3.2017.](b)[ charas, that is, the separated resin whether crude or purified obtained from cannabis plant] [This clause was inserted by Bombay 22 of 1960, Section 2(h).];;(c)any mixture, with or without neutral materials of any of the above forms of intoxicating drug, or any drink prepared therefrom; [****] [The word 'and' was deleted by Bombay 26 of 1952, Section 2 (2)(a).](d)[ any other intoxicating or narcotic drug or substance together with every preparation or admixture of the same which the State Government may by notification in the Official Gazette, declare to be an intoxicating drug for the purposes of the Act, such drug, substance, preparation or admixture, not being opium, coca leaf or a manufactured drug as defined in section 2 of the Dangerous Drugs Act, 1930 (II of 1920);] [Clause (d) was substituted for the original clause with the proviso, by Bombay 26 of 1952, Section 2 (2)(b).][(23-A) "Laththa" means spurious liquor, which contains methanol or any other poisonous substances, which may cause harmful or injurious effects to the human body or death of a person.] [Inserted by Gujarat Act No. 29 of 2011, dated 1.12.2011.](24)"liquor" includes-(a)[spirits] [This word was substituted for the words 'spirits of wine' by Bombay 22 of 1960, section 2(1).], [denatured spirits] [These words were substituted for the words 'methylated spirits' by Bombay 26 of 1952, section 2(3).], wine, beer, toddy and all liquids consisting of or containing alcohol; and(b)any other intoxicating substance which the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, by notification in the Official Gazette, declare to be liquor for the purposes of this Act;(25)"manufacture" includes-(a)every process whether natural or artificial by which any liquor or intoxicating drug is produced, prepared or blended and also re-distillation and every process for the [rectification, flavouring, or colouring of liquor or intoxicating drug] [These words were substituted for the words 'rectification of liquor' by Bombay 22 of 1960, Section 2(j).] but does not include flavouring, blending or colouring of liquor or intoxicating drug lawfully possessed for private consumption; and(b)every process of producing and drawing of toddy from trees;(26)"Medical Board" means a board constituted under section 8;(27)"mhowra flower" does not include the berry or seed of the mhowra tree;(28)"molasses" means the heavy, dark coloured [viscous liquid produced] [These words were substituted 'for the words 'residual syrup drained away', by Bombay 22 of 1960 Section 2 (K).] in the final stage of the manufacture of gur or sugar containing, in solution or suspension, sugars which can be fermented, [and includes the solid form of such liquid and also any product formed by the addition to such liquid or solid of any ingredient which does not substantially alter the character of such liquid or solid;] [These words were substituted for the words beginning with the words 'and includes' and ending with the words 'alter the character of such syrup' by Bombay 22 of 1960] but does not include any article which the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, by notification in the Official Gazette, declare not to be molasses, for the purposes of this Act;(29)"Officer in charge of a Police Station" includes-[***] [Sub-clause (a) was omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.](b)[***] [The word 'elsewhere' was omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.] the officer in charge of a police station as defined in [the Code of Criminal Procedure, 1973 (2 of 1974)] [Substituted 'the Code of Criminal Procedure, 1898 (V of 1898)' by Gujarat Act No. 9 of 2017, dated 16.3.2017.];(30)"opium" means-(a)the capsules of the poppy (Papaver Somniforum L), [whether in their original form or cut, or crushed or powdered and whether or not the juice has been extracted therefrom] [These words were added by Bombay 22 of I960, Section 2 (I).];(b)the spontaneously coagulated juice of such capsules [***] [The words 'which have not been submitted to any manipulation other than those necessary for packing and transport' were deleted by Gujarat 9 of 1978, Section 2(2).]; and(c)any mixture with or without neutral materials of any of the above forms of opium;but does not include any preparations containing not more than 0.2 per cent, of morphine, or a manufactured drug as defined in section 2 of the Dangerous Drugs Act, 1930 (II of 1930).[***] [Clause (31) was deleted by Bombay 22 of 1960, Section 2 (m).](32)"permit" means a permit granted under [the provisions of this Act] [These words were substituted for the words had figures 'sections 40, 41, 46 or 47' by Bombay 26 of 1952. Section 2(4).] and the expression "permit holder" shall be construed accordingly;(33)"police station" means [***] [The words and figures 'in the Greater Bombay a Police station as provided under the provisions of the Bombay Police Act, 1951 and elsewhere' were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.] any place declared to be a police station for the purposes of [the Code of Criminal Procedure, 1973 (2 of 1974)] [Substituted 'the Code of Criminal Procedure, 1898 (V of 1898)' by Gujarat Act No. 9 of 2017, dated 16.3.2017.];(34)"prescribed" means prescribed by the rules, orders or regulations under this Act;(35)"Prohibition officer" includes the [Director] [This word was substituted for the word 'Commissioner' by Bombay 28 of 1950, Schedule], Collector or any officer or person appointed to exercise any of the powers or to perform any of the duties and functions under the provisions of this Act [and also includes any officer or person invested with any such powers and on whom any such functions or duties are imposed, and any member of a committee, board or medical board;] [These words were substituted for the words 'and also includes any member of a committee or the Medical Board' by Bombay 2 of 1960, Section 2 (n).](36)[ `State' means the [State of Gujarat] [This clause was substituted by Bombay 12 of 1969, Section 6(c).] including the space within the limits of the territorial waters appertaining to it;](37)[ "rectification" includes every process whereby liquor is purified or refined;] [This clause was substituted for the original by Bombay 22 of 1960, Section 2(a).](38)[ "registered medical practitioner" means a person who is entitled to practise any system of medicine in the State under any law for the time being in force relating to medical practitioners, and includes registered dentists as defined in the Dentists Act, 1948 (XVI of 1948) and a veterinary practitioner registered under the Bombay Veterinary Practitioners' Act, 1953 (LXVIII of 1953) or under any law corresponding thereto in any part of the State;] [This clause was substituted for the original by Bombay 12 of 1959, Section 6 (d).](39)"regulations" means regulations made under this Act;(39A)[ "rotten gur" means the article known as gur, gul, jaggery, Palmyra jaggery or rab and other intermediary product prepared by boiling or processing juice pressed out of sugar cane or extracted from Palmyra palm, date palm sago plam, barb palm or coconut Palm with or without admixture of molasses and which is in a liquid form or a semi-liquid or viscous form and which has a dark brown or a black colour or which in spite of being in a solid liquid semi-liquid or viscous form is unfit for human consumption owing to its becoming filthy, putrid, disgusting or decomposed [and shall include on chemical analysis, if it contains - [Clause (39A) was inserted by Gujarat 9 of 1978, Section 2(3).](i)total sugar (expressed as invert sugar) less than 90 per cent and sucrose less than 60 per cent, or(ii)extraneous matter insoluble in water more than 2 per cent, or(iii)total ash more than 6 per cent, or(iv)ash insoluble in by hydrochloric acid (HCL), more than 0.5 per cent, or(v)more than 10 per cent of moisture, or(vi)sulphur dioxide in concentration exceeding 70 parts per cillion;](40)"rules" means rules made under this Act;(41)"sell" with its grammatical variations includes-(a)any transfer whether such transfer is for any consideration or not,(b)any supply or distribution for mutual accommodation, and(c)any supply by a club to its members on payment of price or of any fees or subscription, but does not include selling of opium for export across the customs frontier; [***] [The words 'as defined by the Dominion Government' were deleted by Bombay 26 of 1952, Section 2(1).]The word "buy" with its grammatical variations shall be construed accordingly;[***] [Clause (42) was deleted by Bombay 22 of 1960, Section 2 (p).](43)"spirit" means any liquor containing alcohol and obtained by distillation (whether it is denatured or not)(44)"sweet toddy or nira or neera" means unfermented juice drawn from a coconut, brab, date or any kind of palm tree into receptacles treated in the prescribed manner so as to prevent fermentation(45)[ "territorial waters" with reference to the State, means any part of the open sea within a distance of twelve nautical miles from the nearest point of the appropriate base line or such other distance as may be fixed by or under any law made by Parliament;] [This clause was Substituted by Gujarat 9 of 1978, Section 2(4).](46)"toddy" means fermented or unfermented juice drawn from a coconut, brab, date or any kind of palm tree and includes sweet toddy or nira or neera(47)"to tap" means to prepare any part of a tree, or to use any means, for the purpose of causing juice to exude from the tree;(47A)[ `tourist' means a person who is not a citizen of India and who is either born or brought up or domiciled in any country outside India, but who visits India on a tour for a temporary period; [Clause (47A) and (47B) were inserted by Bombay 20 of 1955, Section 2.](47B)`tourists permit' means a permit granted under section 46-A;](48)"trade and import licence" means a licence granted under section 33;(49)"transport" means to move from one place to another within the [[(State)] [The words 'Pre-Reorganisation State of Bombay excluding the transferred territories' were substituted for the word 'State' by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]];(50)"vendor's licence" means a licence granted under section 34;(51)"visitor's permit" means a permit granted under section 46;(52)[ any reference to [the Code of Criminal Procedure, 1973 (2 of 1974)] [This clause was added by Bombay 12 of 1959, Section 6 (f).] the Bombay Village Panchayats Act, 1933, (Bombay VI of 1933), or the Bombay Police Act, 1951, (Bombay XXII of 1951), includes a reference to any law corresponding to those Acts, respectively, in force in any part of the State.]
