Cuttack, Aug. 7: A social activist has filed a PIL in Orissa High Court on the issue of non-enforcement of the Orissa Prohibition Act of 1956.
According to the petition filed by Tulasi Munda, 66, the state legislature had passed the act in 1956 with the intention of introducing and extending prohibition on manufacture, sale and consumption of intoxicating liquors and drugs in the state.
The act provided for appointment of a prohibition commission and creation of a prohibition committee. However, the act is yet to be notified.
Munda, who is also secretary of the Adivasi Vikash Manch, alleged that the President had given assent to the act on January 19, 1957, as it sought to repeal the Bihar & Orissa Excise Act, 1915, but the state government had since pursued the policy of expansion of liquor business.
“Despite the President’s assent, the act was not notified as required under its provisions. Hence, it could not come into force. But, the state government has since amended the Bihar & Orissa Excise Act twice even as the state legislature lacked the competence to do so,” the petition, filed through advocate Kshirod Rout, stated.
By an amendment of the Bihar & Orissa Excise Act in 2000, Section 20-A was inserted vesting power on the state government to carry on wholesale trade and distribution of foreign and country liquor with the exclusive right and privilege of importing and exporting it in the state.
In 2006, a new Section 22-A was inserted holding that it should not be necessary for the state government or its agency or corporation to take licence or permit for wholesale trade and distribution of foreign and country liquor.
The petition sought the court’s direction declaring sections 20-A and 22-A of the Bihar & Orissa Excise Act, 1915, as “illegal and unconstitutional”.
The petition also sought the court’s direction to the state government to notify and enforce the Orissa Prohibition Act by framing of rules and stopping the spread of liquor business and reducing liquor shops in a phased manner.
The high court has not taken up the PIL for hearing so far.





