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27, ¶ÉEä
No.ò 1941
MAHENG /2009/355281
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In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in English of the Maharashtra Prohibition (Amendment) Ordinance, 2019 (Mah. Ord. XXV of
2019), is hereby published under the authority of the Governor.
RAJENDRA G. BHAGWAT,
Secretary (Legislation) to Government,
Law and Judiciary Department.
HOME DEPARTMENT
Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk,
Mumbai 400 032, dated the 18th September 2019.
MAHARASHTRA ORDINANCE No. XXV OF 2019.
AN ORDINANCE
further to amend the Maharashtra Prohibition Act.
WHEREAS both Houses of the State Legislature are not in session ;
AND WHEREAS the Governor of Maharashtra is satisfied that circumstances
exist which render it necessary for him to take immediate action further to amend
XXV of the Maharashtra Prohibition Act, for the purposes hereinafter appearing ;
1949.
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of
article 213 of the Constitution of India, the Governor of Maharashtra is hereby pleased
to promulgate the following Ordinance, namely :—
1. (1) This Ordinance may be called the Maharashtra Prohibition Short title and
(Amendment) Ordinance, 2019. commencement.
8. In section 86 of the principal Act, in sub-section (1), for the portion beginning Amendment of
section 86 of
with the words “ shall on conviction ” and ending with the words “ less than five XXV of 1949.
thousand rupees ”, the following shall be substituted, namely :—
“ shall, on conviction,—
(i) if the offence is committed in the area other than Absolutely
Prohibited Area, be punished with imprisonment for a term which may
extend to six months or with fine which may extend to ten thousand rupees
or with both :
Provided that, in absence of special and adequate reasons to the
contrary to be mentioned in the judgment of the court the imprisonment
shall not be less than three months and fine shall not be less than five
thousand rupees ;
(ii) if the offence is committed in Absolutely Prohibited Area, be
punished for each such offence with imprisonment for a term which shall
not be less than three years but which may extend to five years and with
fine which shall not be less than twenty five thousand rupees but which
may extend to Fifty thousand rupees or two times of the amount of the
duty or fee evaded by him, whichever is higher.”.
9. After section 104A of the principal Act, the following section shall be inserted, Insertion of
namely :— new section
104B in XXV
of 1949.
11. For section 116 of the principal Act, the following section shall be Substitution of
substituted, namely :— section 116 of
XXV of 1949.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR DR. NAMDEO
KONDAJI BHOSALE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004
AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH
ROAD, CHARNI ROAD, MUMBAI 400 004 EDITOR : DIRECTOR DR. NAMDEO KONDAJI BHOSALE.