The Assam Ganja and Bhang Prohibition Act, 1953
The 30th May 1959

**No.LJL.42/57.—Th e following Act of the Assam Legislative Assembly**

which received the assent of the Governor is hereby published for general
information.

**(Receiv ed the as sent o f the Governor on the 29th M ay 1959)**

**ASSAM ACT No.XXI OF 1959**

TH E ASSAM GANJA AND BHANG PR OHIB IT IO N ACT, 1953

(Passed by the Assembly)

[Published in the Assam Gazette, Extraordinary, dated the 1st June 1959]

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_ActAct_ _._ _r_ _/_ _- r f J_

_to prohibit cultivation, collection, possession, consumption manufacture affd sale of_ _/_ _/_

_Ganja in and of smuggling thereof into, the State of Assam ;_

_to restrict cultivation, collection, possession, consumption manufacture afd sale of_ _£ /_

_Bhang with a view to effect its ultimate prohibition in the State o f Assam._

**Preamb le.-—Whereas it is expedient to prohibit cultivation, collec­**

tion, possession, consumption, manufacture and sale of Ganja in, and of


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smuggling thereof into, the S tate of Assam and to restrict cultivation, collec­
tion, possession, consumption, manufacture and sale of Bhang with a view
to effect its ultimate prohibition in the State of Assam.

It is hereby enacted in the Ninth y ear of the Republic of India as

follows:—

**1. Short title, exten t and co mmen cemen t,— (1)** This Act may be

called the Assam Ganja and Bhang Prohibition Act, 1958.

**(2)** It extends to such area or areas as may be notified in the official

gazette, by the State Government from time to time.

(3) It shall come into force in the notified area or areas on such date

as the State Government may, by notification in the official gazette,
appoint.

Provided th at the State Government may, by notification in the

official gazette, restrict the operation of this Act or of any provision thereof
in any notified area.

**2. Definition s.—In this Act unless there is anything repugnant in**

the subject or context.

(1) ‘buy”, with all its gramm atical variations means receipt for price

paid in cash or kind, and includes any receipt by gift, loan or otherwise.

(2) “ Commissioner” means the Excise Commissioner or any other

person duly empowered by the State Government to exercise some or all
the powers of the Excise Commissioner.

(3) “Ganja” means dried flowers, flowering or fruiting tops of the Indian

H eap ^ lant (Cannabis Sativa L).

(4) “Bhang” m eans leaves of the Indian Hem p plant (Cannabis Sati­

va L) including such form known as Siddhi.

(5) “ Im po rt” me»p,» to bring into any notified area otherwise than

across a customs front it r defined by the Central Government.

(6) “ Manufacture [1] cleans every process, wheth er natural or artificial,

by which any ganja is produced or prepared.

(7) “ Notified are a” means an area notified under sub-section **(2)** of

Section 1 of this Act.

(8) “ Prescribed” means prescribed by rules made under this Act.

(9) “Sell” , with all its gramm atical variations, means any transfer

including transfer by a gift or a loan or otherwise.

(10) “ Transport” means to move from one pa rt to another of any

notified area or from any notified area to another notified area.

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**3. Pro hibitio n.—No person shall—**

(a) Cultivate, collect or sell the Indian Hemp plant (Cannabis Sativa

L) ; or

_(b) Collect ganja a/fcl bhang from the Indian Hemp plant (Cannabis_

Sativa L) ; or

(c) Im po rt, transport, manufacture, sell and buy ganja ap4 bhang ;

or

(</) Possess or consume ganja apfcl bhang, or

(r) Use or keep any implement or apparatus for the manufacture or

consumption of ganja apd bhang.

**4. Punishm en t fo r co ntr ave ntion .— Whoever contravenes the provi-**

nons of Section 3 shall be punished with imprisonment of either description

for a term which may extend to two years and also with fine which may
extend to one thousand rupees.

**5. Punis hm en t fo r al lo win g prem is es to he use d fo r** **th e co m ­**

**m is sio n o f an off en ce .—Whoever, being the owner or occupier or having**
the use of any house, room, enclosure, space, vessel, vehicles or place,
knowingly permits it to be used for the commission, by any other person, of
an offence punishable under this Act or the rules made thereunder, shall be
punished with imprisonment of either description for a term which may
extend to six months or with fine which may extend to five hundred rupees

or with both.

**6. Enh an ce d p unishm en t.—** Whenever any person, having been con­

victed of an offence under clause («) or clause _(b) or clause (c)_

of section 3 is again convicted of an offence under any of the aforesaid
clauses, the imprisonment with which he shall be punished shall be rigorous
imprisonment for a term which may extend to four years.

**7. Sec uri ty fo r abst ain in g fr om com m is si on** **o f offen ce s.—**

(1) Whenever any person is convicted of an offence punishable under

section 3 or under section 4, and the Court convicting him is

of opinion that it is necessary to require such person to

execute a bond for abstaining from the commission of such offence, the
Co urt, may, at the time of passing sentence on such person, order him tc
execute a bond for a sum proportionate to his means, with or without sure­
ties, for abstaining from the commission of such offence during such period,
not exceeding three years, as it thinks fit to fix.

(2) The bond shall be in the prescribed form and the provision of the

Code of C riminal Procedure, 1898 (Act V of 1898), shall, in so far as they
are applicable, apply to all matters connected with such bond as if it were
a bond to keep the peace ordered to be executed under section **106** of th at
Code.

(3) If the conviction is set aside on appeal or otherwise, the bond

executed shall become void.


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**(4)** Any order under this section may also be made by an Appellate

Co urt, or by the High Court when exercising its powers of revision.

8. **A tt em pts .— Whoever attem pts to commit an offence punishable**

under section 4, or to cause such an offence to be com mitted, and in such
attem pt does any act towards the commission of the offence o r towards the
causing of its commission, shall be punished with the punishm ent provided
for the offence.

9. **Abet m en ts.— Whoever abets an offence punishable under section 4**

or section 5 shall, whether such offence be or be not committed in conse­
quence of such abetm ent, be punished with the punishment provided for
the offence.

**10. Pow er to is sue w arrants .— (1) A D istrict Magistrate or a Sub-**

divisional Magistrate or a Magistrate of the first class, or an officer of the
Excise Departm ent not below the rank of a Superintendent specially empo­
wered by the State Government on this behalf, may issue a wa rra nt for the
arrest of any persons whom he has reason to believe to have com mitted an
offence punishable under this Act o r the rules thereunder, or for the search,
wheth er by day or by night, of any building, vessels or place in which he
has reason to believe any ganja , bhang, material, utensil, implement or
apparatus , in respect of which an offence punishable under this Act has

been committed, is kept or concealed.

**(2)** Th e officer to whom a search wa rrant under sub-section (1) is

ddressed shall have all the powers of an officer under section 11.

**Power o f entr y, se ar ch an d se iz ure s, et c. —(l)^[1] Iftiyi Officer^**

Officer of

**a n fl P o lic e** **rh e r a nk ofT nspaeGtOrfanyany**

Officer of the Departme nt of Revenue not below the rank of the Sub-Deputy
Collector, and any person authorised in this behalf by the State Govern­
ment who has reason to believe from personal knowledge or from inform a­
tion received from any person and taken down in writing and attested by
the informant, th at any ganja, bhang, material, utensil, implement

or apparatus in respect of which an offence punishable under this

Act or the rules made thereu nder has been com mitted is

kept or concealed in any building, vessel, or enclosed place, may between
sunrise and sunset,—■

_(а) enter into any such building, vessel or place ;_
(б) in case of resistance, break open any door and remove any other

obstacle to such entry ;

(c) seize such ganja, bhang, material, utensil, implement or ap pa ­

ratus, and any document or other article which may furnish
evidence of the commission of the offence ;

(d) detain, search and arrest any person whom he has reason to

believe to have com mitted an offence against this Act relating
to such ganja, bhang, material, utensil, implement or apparatus ;

Provided that if such Officer has reason to believe that a search wa rra nt

cannot be obtained without affording opportunity for the concealm ent of
evidence or facility for the escape of an offender, he may, after recording
the ground of his belief, enter and search such building, vessel or enclosed
place at any time between sunset and sunrise.

(U-t- zvn <2


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(2) Where an officer takes down any information in writing under sub­

section (1), or records grounds for his belief under the proviso thereto, he
shall forthw ith send a copy thereof to his immediate official superior.

**12 Power o f se iz ure an d arrest in pub lic pla ces.—** Any officer of

any o f the Department referred to ia section 11 may within the prohibited

are a notified under this Act. -

(a) seize, in any public place or in transit, any ganja, bhang,

material, utensil, implement or apparatus in respect of which he
has reason to believe an offence punishable under this Act or
the rules made thereunder has been committed, and, along with
it, any document or other article which may furnish evidence
of the commission of the offence, and

_(b) detain, search and arrest any person whom he has reason to_

believe to have committed an offence against this Act relating
to such ganja, bhang, material, utensil, implement or appa­
ratus.

13. **M od e o f ex ec ut ing w arr ants , etc .—The provisions of the Code**

of Criminal Procedure, 1898 (Act V of 1898), shall, in so far as they are
applicable, apply to the execution of warrants and making of searches,

arrests, and seizure under this Act.

14. **Rep or t o f arrest an d se iz ure.—** Any Officer making an arrest or

seizure under this Act shall, within twenty-four hours of such seizure and
arrest, make a full report of all the particulars of such arrest or seizure to his

imm ediate official superior.

**15. Pro ductio n o f per so ns arr es te d.—** Every person arrested under

any of the provisions of this Act shall be produced before the nearest
Magistrate, within twenty-four hours of such arrest, excluding the time
necessary for the journey from the place of arrest to the Court of the

Magistrate.

**16. Power to invest Exc ise Officer s.—The State Government may**

invest any Officer of the Excise Department, not below the rank of Inspector
with the powers of an Officer-in-charge of a Police Station for the investiga­
tion of offences under this Act.

**17. Juri sd ic tion to tr y of fe nce s.—Th e provisions of the Code of**

Criminal Procedure, 1898 (Act V of 1898), shall apply to the trial of offences
against this Act or the rules made thereunder.

**18. Pro hib itio n C om m itte es. —** (I) The Commissioner, may by notifi­

cation in Official Gazette, constitute for any area or any pa rt thereof a
“Prohibition Com mittee” consisting in such proportion as the Commissioner
may deem fit of two or more official and non-official residents of such area
or part thereof. He may also, by like notification dissolve or reconstitute

any such committee.

(2) The duties to be performed by a Prohibition Committee and its

relation to other such Committees and to the Commissioner shall be such as
may be prescribed.


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(3) The members of the Prohibition Comm ittee shall be designated

Prohibition Officers.

19. **Punis hm en t fo r ve xa tiou s en try, etc .—Any person acting under**

the powers given by sestion 11 or section 12 who—

(а) without reasonable grounds of suspicion, enters or searches or

causes to be entered or searched any building, vessels or

place ; or

(б) vexaiicusly and unnecessarily seizes the property of any person

on the pretence of seizing or searching for any ganja and
bhang or seizing any document or other article liable to
seizure under section 11 or 12 ; or

(c) vexatiously an d unnecessarily detains, searches or arrests any

person or fails to produce, within the time specified in section
15, the person arrested or the article seized before the proper

authority, shall be punished with imprisonment of either des­
cription for a term which may extend to one year or with fine
which m ay extend to one thousand rupees or with both.

20. **In dem nity,—** No action shall lie against any officer for damages in

any Civil Court for any act done bonafide or ordered to be done in pursu­
ance of this Act or the rules thereunder

21. **P erm it s. —Notwithstanding anything contained in this Act, the**

State Government may prescribe the conditions under which permits may
be issued for :—

(а) cultivation, collection or sale of the Indian H emp plant (Canna­

bis Sativa L) ;

(б) import, transport, manufacture, sale, possession o r use of bhang,

and

(c) use or keeping of any implement or a pparatu s for the manufac­

ture of Bhang for social, religious, medicinal and scientific
purposes.

22. **Rep ea l (A ct I o f 1910).—** The provisions relating to ganja and

bhang in the Assam Excise Act, 1910, shall stand repealed in respect of the
area or areas in which this Act may be enforced,

23. **Pow er t o m ak e rule s. — (1) The State Government may, subject**

to the condition of previous publication, make rules for carrying out the
purposes of this Act.

(2) In p articular and w ithout prejudice to the generality of the fore­

going power such rules may prescribe—

(«) the duties to be performed by a Prohibition Committee and its

relation to the Commissioner and other Committees ;

_(b) any other matter as may, or requires to be prescribed._

(3) In making rules under this section, the State Government may

attach **a** penalty for the breac h of any particular rule.

B. C. BARUA,

Secy, to the Govt, of Assam, Law Deptt.


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