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State of Odisha - Section

Section 3 in The Orissa Prohibition Act, 1956

3. Definitions.

- In this Act unless there is anything repugnant in the subject or context-
(1)"alcohol" means ethyl alcohol of any strength and purity having the chemical composition C2, H5, OH;
(2)"to bottle" means to transfer liquor 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 not bottling includes rebottling;
(3)"buy" or "buying" includes any receipt including gift;
(4)"Collector" includes any person specially empowered by the State Government to exercise all or any of the powers and to perform all or any of the duties of a Collector under this Act;
(5)"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 or management or control of such place whether by way of charge for the use of the place of for drinking facilities provided or otherwise howsoever and includes premises of a club or any other place which is used for the purpose of drinking liquor or consuming any intoxicating drug by more than one person without a licence granted under this Act;
(6)"cultivation" includes the tending or protecting of a plant during growth and does not necessarily imply raising it from seed;
(7)"to drink" with its grammatical variations, means to drink liquor or to consume any intoxicating drug;
(8)"export" means-
(a)to take out of any local area in which this Act is in force to any other local area in the State of Orissa in which this Act is not in force; or
(b)to take out of the State of Orissa;
(9)"foreign liquor" includes all liquor brought into India by sea, air or land :Provided that the State Government may, by notification, declare that any specified description of any other liqour shall, for the purposes of this Act, be deemed to be foreign liquor-
(10)"import" means-
(a)to bring into any local area in which this Act is in force from any other local area in the State of Orissa in which this Act is not in force; or
(b)to bring into the State of Orissa;
(11)"Intoxicating drug" means-
(i)the leaves, small stalks and flowering or fruiting tops of the Indian hemp plant (Cannabis Sativa) including all forms known as bhang, siddhi or ganja;
(ii)charas, that is the resin obtained from the Indian hemp plant, which has not been submitted to any manipulations other than those necessary for packing and transport;
(iii)any mixture, with or without neutral materials, of any of the above form of intoxicating drug or any drink prepared therefrom; and
(iv)any other intoxicating or narcotic substance which the State Government may, by notification, declare, to be an intoxicating drug, such substance not being opium, coca leaf or a manufactured drug as defined in Section 2 of the Dangerous Drugs Act, 1930 (11 of 1930)
(12)"liquor" means intoxicating liquor and includes spirits or wine, methylated spirits, spirits, wine, beer, tari and all liquids consisting of or containing alcohol but does not include sweet-tari;
(13)"manufacture" includes-
(a)every process whether natural or artificial by which any liquor or intoxicating drug is produced, prepared or blended and also redistillation and every process for the rectification of liquor, 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 tari, from trees;
(14)"medicinal preparations" includes all drugs which are a remedy or prescription prepared for internal or external use of human beings or animals and all substances intended to be used for or in the treatment, mitigation or prevention of disease in human beings or animals;
(15)"molasses" means the heavy, dark coloured residual syrup drained away in the final stage of the manufacture of gur or sugar containing, in solution or suspension, sugar which can be fermented and includes any product formed by the addition to such syrup of any ingredient which does not substantially alter the character of such syrup; but does not include any article which the State Government may, by notification declare, not to be molasses, for the purposes of this Act;
(16)"Officer-in-charge of a police-station" has the same meaning as in the Code of Criminal Procedure, 1898 (V of 1898) and includes any person or an Officer-in-charge of a police-station under Section 53;
(17)"place" includes house with its premises, shed, enclosure, space, building, shop, tent, vessel, booth, raft and vehicle;
(18)"prescribed" means prescribed by rules made under this Act;
(19)"Prohibition Commissioner" means such officer as the State Government may, by notification, appoint under Sub-section (1) of Section 48;
(20)"Prohibition authority" means the Prohibition Commissioner, a Collector or any other Prohibition Officer appointed for performing any of the functions under this Act;
(21)"rectification" includes every process whereby spirits are purified or recoloured or flavoured by mixing any material therewith;
(22)"Registered Medical Practitioner" means any person registered under the provisions of any law for the time being in force;
(23)"sale" or "selling" includes any transfer including gift;
(24)"spirit" means any liquor containing alcohol and obtained by distillation whether denatured or not;Explanation. - "Denatured" means subjected to a process prescribed by the State Government by notification for the purpose of rendering unfit for human consumption;
(25)"sweet-tari" means juice drawn into receptacles treated with lime or any other prescribed substance or in any prescribed method or manner so as to prevent any fermentation;
(26)"tari" means the fermented or unfermented juice drawn from a coconut, palmyra, date or and other kind of palm tree and does not include sweet-tari;
(27)"toilet preparation" means any preparation, which is intended for use in the toilet of the human body or in perfuming apparel of any description or any substance intended to cleanse, improve or alter the complexion, skin, hair or teeth, and includes deodorants and perfumes;
(28)"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;
(29)"transport" means to move from one place to another within any local area to which this Act applies.Chapter-II Prohibitions and penalties