CHAPTER IV

CHAPTER IV

Control and regulation of Molasses

Exemption of preparation

25. The ³(State] Government may, by notification in the Official Gazette, direct that any preparation containing alcohol not exceeding a specified percentage by volume shall be exempt from any of the provisions of this Act or rules, regulations or orders made thereunder,

Distilleries

and warehouse for intoxicants

26. The ⁴1 State Government] may –

(a) establish a distillery in which spirit may be manufactured in accordance with a licence issued under this Act on such conditions as the ³[State] Government deems fit to impose;

(b) discontinue any distillery established:

(c) license, on such conditions as the ³[State] Government deems fit to impose, the construction and working of a distillery or brewery;

(d) establish or license a warehouse wherein any '[intoxicant] hemp, mhowra (lowers or molasses may be deposited and kept without payment of duty; and

(e) discontinue any warehouse so established.

²[Intoxicant] or hemp not to be removed from warehouse, etc

Passes for import, etc.

27. No ¹[intoxicant], hemp, mhowra flowers or molasses shall be removed from any distillery, warehouse or other place of storage established or licensed under this Act, except under a pass and unless the duty, if any, imposed under the provisions of this Act, has been paid or a bond has been executed for the payment thereof.

28. (1) The. ³[State] Government may, by general or special order, authorise a Collector or any other officer to grant passes for the import, export or transport of any ¹[intoxicant] or hemp.

(2) Such passes may be either general for definite periods of time and definite kind of ¹[intoxicant] or hemp or special for specified occasions and particular consignments only.

(3) Every such pass shall specify-

(a) the name of the person authorized to import, export or transport ¹[intoxicant] or hemp;

(b) the period for which the pass is to be in force;

(d) the period from and to which ¹[intoxicant] or hemp are to be imported, exported of transported and in the case of places more than for miles apart, the route by which they are to be conveyed.

1. This. word was substituted for the word* "liquor, intoxicating drug" by Bom. 22 of
I960.*. 13 (^I)

2. This word substituted for the words "[intoxicating drug", ibid., s. 13 (3).

3. This word was substitute for the word "Provincial by the Adaptation of Laws, Orders, 1950.

4. Those words were substituted for the word "Director" by Bom. 22 of 1960, s. 1392).

Through transport.

¹¹[29. The through transport –

(a) of any consignment of any intoxicant, hemp, denatured spirituous preparation, mhowra flowers or molasses by a railway administration or by any steamer, ferry, road transport or air service, or

(b) of any intoxicant, hemp, denature spirituous preparation, mhowra flowers or molasses, otherwise than by way of consignment, shall be subject to such conditions as may be prescribed.]

30. [Licence for possession of denatured or rectified spirit and alcohol for industrial or medical purposes.] Deleted by Bom.22 of I960 S.15.

Licences for

bona fide medicinal or other

purposes.

¹[31. The State Government may, by rules or by an order in writing, authorise an officer to grant licences to any person, or institution, whether under the management of Government or not, for the manufacture, sale, purchase, possession, consumption, or use of any intoxicant or hemp or any article containing an intoxicant or hemp for a bona fide medicinal, scientific, industrial or educational purposes: Provided that, where any intoxicant or hemp, or article containing such intoxicant or hemp, has been obtained by any person for a bona fide medicinal purpose, from any person or institution licensed to sell the same under this section, it shall not be necessary for such person to obtain a licence for the possession, purchase, consumption or use thereof :

Provided further that, no licence shall be necessary for the possession of denatured spirit to the extent of such quantity as may be prescribed.]

Licences for purchase, etc. of liquor for manufacture of ⁴[articles mentioned- in

section 24A.].

²[31A. The State Government may, by rules or an order in writing ,authorise an officer to grant licences for the purchase, possession or use of any liquor or alcohol for the manufacture of ³[any article mentioned in section 24A] on such conditions as may be prescribed

Licences for

tapping for

¹⁰[Neera].

32. The ⁵[State] Government may authorise an officer by rules or an order in writing to grant licences for ⁶[the tapping of, ⁷[and drawing juice from], any palm trees for the purpose of sale or consumption as neera or]⁸* * * * manufacture of gur or any other article which is not an intoxicant ⁹[and on a licence being granted the person to whom the trees belong, or who is in possession of such trees, may permit them to be tapped or permit toddy to be drawn therefrom]

1. This section was substituted for the original by Bom.22 of I960. s.16.

2. Section 31A was inserted by Bom. 26 of 1952, s. 9.

3. These words were substituted for the words, figures and letter any preparation to Which section 24A applies by Bom. 36 of 1954, s. 6(i).

4. These word was- substituted for the words "Provincial” referred to ibid s 6.(ii).

5. This word was substituted for the word "Provincial" by the Adaptation to Laws Order,1950

6. These words were substituted for the words the tapping of palmyra of date palm trees for juice intended to be used" by Bom. 26 of 1952. s.10(l)

7. These words were substituted for the words "or drawing juice from" by Bom. 22 of 1960 s. 17 (a)

8. The words “for the” were deleted ibid, s.17 (b ) .

9. This Portion was added ibid, s 17 ( c )

10. This word was substituted for the word "toddy" by Bom.26 of 1952.s 10(2)

11. This sections was substituted for the original by Bom. 22 of 1960, s. 14.

Trade and

import

licences.

33. The ⁵[State] Government may, by rules or an order in writing, authorise an officer to grant trade and import licences to persons intending to import and to sell by wholesale any ⁷[foreign liquor].

Vendor’s Licences

34. (1) The ⁵[State] Government, may, by rules or an order in writing, authorise an officer to grant a vendor's licence ⁸[or the sale of foreign liquor.]

(2) A vendor's licence shall be granted on the following conditions :-

(i) the stock of foreign liquor with the licensee (except what is permitted for the disposal in the shop) shall be kept by him at ¹[godown] approved by Government

2* * * * *

(iii) the licensee shall pay all rent, costs, charges and expenses incidental to warehousing and supervision;

³[(iv) the licensee may sell any part of the stock of foreign liquor to foreign liquor licensees or to chemists, canteens, messes and clubs, holding. licences in the State, or to any persons outside the State, subject to such conditions as the ⁴[Commissioner] may impose;

(v) The licensee shall be permitted to sell foreign liquor only to holders of permits or authorizations;]

(vi) The licensee shall be entitled to keep in his shop such quantity of liquor as may be requited by him from lime to time for retail sale;

(vii) The licensee shall keep accounts and shall dispose of ⁶[foreign liquor] according to such instructions as may be given by the ⁴[Commissioner], or any officer authorized in this behalf by the ⁴[Commissioner].

Hotel licences

35. (1) The ⁵[State] Government may, by rules or an order in writing, authorize an officer to grant licences to the managers of hotels to sell foreign liquor to the holders of permit granted under this Act:

Provided that the ⁵[State] Government is satisfied that such hotel has ordinarily a sufficient number of boarders eligible to hold permits.

1. This words was substituted for the word "warehouse”. by Bom. 22 of 1960. s 19(b)

2. Clause (ii) was deleted, ibid s. 19 (b) (it)

3. This clauses were substituted for the original ibid., s 19(b) (iii)

4. This word was substituted for the word "Director" by Mah. 52 of 1973, s. 3, Sch.

5. This word was substituted for the word 'Provincial" by the Adaptation to Law Order, 1950.

6. These words were substituted for the words "the goods". ibid., s. 19 (b) (iv)

7. These words were substituted for the words "liquor, intoxicating drug or hemp" by Bom. 22 of 1960, s. 18.

8. These words were added, ibid., s. 19(a).

(2) Such licences shall be. issued on the following conditions :-

(i) liquor shall be sold ⁷* * * * * to the permit holders ⁸[residing or boarding] at die hotel,

(ii) consumption of liquor sold .shall not be allowed in any of die rooms of the hotel to which any member of the public has access,

(iii) the holders of hotel licences shall pay the expenses of any officer of [he excise establishment, if any, required for gram and control of permits on the premises ⁹[or for the supervision over the issue and consumption of foreign liquor in the hotel].

Licences to

shipping

companies

⁴[and to Masters of

ships].

36. [Special import licenses to hotels.] Deleted by Bom.22 of I960, s.21.

37 . [Dining car licences.] Deleted by Bom. 22 of I960, s.21.

Permission in use or consume foreign liquor on ^10** warships, troopships and in ¹¹[messes and canteens of armed forces]

38. The ¹[State] Government may, by rules or an order in writing, authorize an officer to grant licences to any shipping company for each ship ²[or to the Master of any ship] to sell foreign liquor ³[and to permit the use or consumption of foreign liquor on such ship on such conditions as may be prescribed].

39. The ¹[State] Government may, on such conditions as may be specified ⁵[by a general or special order, permit -

(i) the sale of foreign liquor to,

(ii) the purchase, use or consumption of such liquor

by –

(a) the members of the armed forces in messes and canteens ¹²[of the armed forces], and

(b) the crew of warships or troopships and the members of the armed forces thereon.]

1. This word was substituted for the word "Provincial" by the Adaptation of laws Order, 1950.

2. These words were inserted by Bom. 26 of 1952, s. 14(1).

3. These words were substituted for the words "on condition that such liquor shall be sold only to bona fide passengers on such ship," ibid., s. 14(2).

4. These words were added, ibid., s.14(3).

5. This portion was substituted for the words beginning with the words "in the notification” and ending with the word “canteens” ibid., s. 15(1).

6. This word was substituted for the word “Provincial” by the Adaptation of Laws order 1950.

7. The words “in sealed bottles" were deleted, by Bum. 26 of 1959, s. 12(I).

8. This words were substituted for the word "residing", ibid., 5. 12(2).

9. This portion was added by Bom. 22 of 1960, s. 20.

10. The words "cargo boats " were deleted, ibid., s. 15(2) (a),

11. These words were substituted for the words "military and naval messes and canteens", ibid ,s. 15 (2) (6).

12. These words were inserted by Bom. 22 of 1960, s. 22.

Permits

40. (1) ¹[Suite] Government may, by rules or an order in writing, authorize an officer to grand permits for the use or consumption of foreign liquor to person on the following conditions :-

(a) that such person is not a minor;

3* * * * *

c) (i) that such person was cither born and brought up or domiciled in any country outside India where such liquor is being generally used or consumed: or

XVI of 1939.

(ii) that such person is on the Register of Foreigners under the Registration of Foreigners Act, 1939, and is not domiciled in ⁴[India]:

Provided that , in the case of any person falling under sub-clause (i) or (ii) –

(a1) such person has been residing and intends to reside in India temporarily and that such person has a fixed and settled purpose of making his sole and permanent home in any country outside India; and

(b1) that such person has been ordinarily using or consuming such liquor

5* * * * *

(3) Such permits shall be granted for .such quantities as may be prescribed.

⁶[(4) If any question arises whether the conditions imposed by clause (a) or (c) of sub-section (I) are satisfied or not in any case, the State Government shall decide the question and its decision shall be final.

7* * * * *

Health

Permits

²[40A. (1) The State Government may by rules or orders in writing authorize an officer to grand a health permit for the use or consumption of foreign liquor to any person who requires such liquor for die preservation or maintenance of his health :

Provided that no such permit shall be granted to a minor.

(2) Such permit shall be granted for such quantity and shall be subject to such further conditions as may be prescribed.

1. This word vas substituted for the word “Provincial” by the Adaptation of Laws order 1950.

2. Sections 40A and 40B were inserted by Bom. 26 of 1952. &. 17.

3. Clause (b) was deleted by Bom. 26 of 1952, s. 16 (I)

4. This word was substituted for the words “the Dominion of India” by the Adaptation of Laws Order, 1950.

5. Sub-section (2) was deleted by Hum. 22 of I960, s. 23.

6. Sub-section (4) was added by Bom. 26of 1952, s. 16(2).

7. The explanation was deleted, ibid., s. 16(j).

Emergency Permits

40B. (1) The State Government may by rules or orders in writing authorize an officer to grant emergency permits for the use or consumption of brandy, rum or champagne or any other kind of liquor to any person for his own use or consumption or to any head of a household for the use of his household for medicinal use on emergent occasions;

Provided that the person to whom a permit is granted under this section may ²[subject to such conditions as may be prescribed] allow the use or consumption of liquor in respect of winch the permit has been granted to any other person who requires the use thereof for medicinal purpose on emergent occassions :

Provided further that no permit shall be granted to more than one member of a household at any one lime.

3* * * *

(3) Such permits shall be granted for such quantities and shall be subject to such further conditions as may be prescribed.

Special permits to foreign sovereigns, etc.

41. The ⁴[State] Government may grant special permits for the use or consumption of foreign liquor ³[to any person who is –

Sovereign or Head of a foreign State ;

(b) an Ambassador, Diplomatic Envoy or Consul, Honorary Consul or Trade, Commerce or other representative of a foreign State; (a) A

(c) a member of the staff appointed by or serving under any person, specified in clause (a) or (b): Provided that such member is a national of a foreign State,⁶* * *

⁷[(c1) a member of a foreign Government;

XLVI of 1947.

(c2) a representative or officer of any international organization to which privileges and immunities are given from lime to lime by or under the United Nationals (Privileges and Immunities) Act, 1947; and)

(d) the Consort of any person specified in clauses (a), (b), ⁸[(c), (c 1) or (c2)] or any relation of such person dependent upon him.]

42. [Permits to be non-transferable.] Deleted by Bom.22 of 1960, s.26.

1[43. (1) No holder of a permit granted under any of the provisions of this Act other than section 40B shall drink in a public place.

1. Section 43 was substitute for the original by Bom. 26 of 1952, s. 20.

2. These words were inserted by Hum. 22 at 1960, s. 24(a)

3. Sub-section (2) an the Explanation were deleted, ibid. s. 24 (b).

4. This word was substituted for the word “Provincial by the Adaptation of Laws Order, 1950.

5. This portion was substitute for the words beginning with the work “to sovereigns" and ending with the words "envoy or consul", by Bom. 26 of 1952, s. 18.

6. The words "and" was deleted by Bom. 22 of 1960. s. 25(a).

7. Clauses (cl) and (c2) were inserted, ibid., s. 25(b).

8. These brackets, letters, figures and word were substitute for the word, bracket, and letter or (c)", ibid, s. 25(c).

Regulation of use of consumption of foreign liquor by certain permit holders.

(2) * * *

²[(3) A person holding a permit under section 40, 41, 46, 46A or 47 may allow the use or consumption of any part of the quantity of foreign liquor possessed by him under the permit, to any other person who holds a permit under any of those sections.

(4) No holder of a permit under section 40, 41, 46, 46A or 47 shall serve any liquor at any ceremonial or other function or any assembly of persons where persons (not being members of his family or his employees) who do not hold any of the permits aforesaid, are present.]

Licence to clubs.

44. (1) The ³[State] Government may, by rules or an order in writing, ⁴[grant or authorise an officer to grant] licences to a club approved by the ³[state] Government in this behalf to sell foreign liquor ⁵[to its members holding permits).

(2) Such licences shall be granted n the following conditions :-

6* * * * * *

(b) that no liquor shall be served to the holder of any permit in any room of the club to which the public have access at the lime when any person who docs not hold such permit is present;

(c) that the club when authorised ⁷[in writing] by any member who is the holder of a permit may stock the permitted quantity of liquor on account of such member;⁷*

6* * * * * *

8* * * * * *

Authorization for sacramental purposes.

45 (1) The Government may, by rules or an order in writing, authorise an officer to grant any authorization to any person for the use of liquor for sacramental purposes :

Provided that the officer so authorized is satisfied that the use of such liquor is required in accordance with the religious tenets of the community to which such person belongs.

2. Sub-section (3) and (4) were subsumed for the original sub-section (3) by Bom 22 of 1960, s. 27.

3. This was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

4. These words were substituted for the words "authorise or gram" by Bom. 26 of 1952. s. 21.

5. These words were added by Bom. 22 of 1960, s. 2H(a).

6. Clauses (a) and (d) were deleted, ibid., s. 2S(b) (j).

7. These words were inserted and the word "and" was deleted ibid., s. 2X (b) (ii).

8. The Explanation was deleted, ibid., s. 28 (b) (iii).

⁹(2) An authorization under this section shall be granted on the recommendation of such members of the community to which the person applying for the authorization belongs us may be approved by the State Government in that behalf.]

¹⁰* * * * * *

(4) If any dispute arises whether the use of liquor is required by any person for sacramental purpose, the person requiring such use may apply to the "[Commissioner]. The "[Commissioner], after holding a summary' enquiry ¹²* * * shall decide whether or not the liquor is required by to person for sacramental purposes.

(5) The decision of the '(Commissioner] under sub-section (4) shall be final.

Visitor’s permit

²[46. (1) The Slate Government may, by rules or an order in writing, Visitor's authorise an officer to grant a visitor's permit for the purchase, possession, use or consumption of foreign liquor to a person who -

(a) (i)is a citizen of a foreign country, or a citizen of India and resides in any pan of India, where consumption of alcoholic liquor is not generally prohibited by law; or

(ii) is a citizen of a foreign country or is a citizen of India and resides in any part of India, where consumption of liquor is prohibited by law, but has been consuming such liquor under a permit or other authorization; and

(b) visits the State for a period of not more than a week

(2) Such permit shall be granted ordinarily for a period not exceeding one week at any one time; but may be extended from lime to lime for further periods not exceeding one week at a lime, so however that the for a period shall not exceed in the aggregate one month.]

⁷[Tourist’s permit]

³[46 A. (1) The State Government may, by rules or an order in writing, authorise an officer to grant ⁴[a tourist's permit] to consume, use and buy foreign liquor to a person who is a tourist.

(2)A tourist's permit may be granted for the period of the tourist's intended stay in the ⁵[State], but shall in no case be granted for a period exceeding one month.

(3)Such permits shall be available at such places as may be ⁶[fixed] by the [Commissioner] in this behalf.]

1. This word was substituted for the word “Director” by Mah. 52 of 1973, s. 3. Sch.

2. Section 46 was substituted for the original by Bom. 22 of 1960. s. 30.

3. Section 46A was inserted by Bom. 20 of 1955. s. 4.

4. These words were substituted fro the words “tourists permits” by Bom. 22 of 1960 s. 31 (a)

5. This word was substituted for the words "Pre-Reorganization State of Bombay excluding the transferred territories" by Bom. 12 of 1954, s. 3.

6. This word was substituted for the word "notified" by Bom. 22 of 1960, s. 31(b).

7. This marginal rune was substituted for the words Tourists' permits:, ibid. s. 31(c).

9. This sub-section was substituted for the original, by Bom. 22 of I960 s. 29(a)

10. Sub-section (3) was deleted, ibid., s. 29(b).

11. This word was substituted for the word "Director" by Mah. 52 of 1973, s. 3. Sch.

12. The words "in prescribed manner" were deleted by limn. 22 of I960 s, 29 (c).

Interim

Permits

47. (1) Notwithstanding anything contained in sections ⁸[40, 40A and 41[the ⁹[State] Government may, by rules or an order in writing, 10[authorize an officer to] grant interim permits to persons applying for permits under any of the said provisions.

(2) Such, interim permits shall not be granted for any period exceeding two months.

6[7Permits] for consumption or use of intoxicating drugs ¹¹[or opium]

48. (1) The ¹[State] Government may, by rules or an order in writing, consumption authorise an officer to grant ²[permits] for the ³[consumption or use] of or use of ''[intoxicating drugs] ⁵[or opium] in such quantities as may he prescribed.

Permits to be non-transferable.

(2) Such ²[permits] shall be granted on the certificate of the Medical Board.

¹²[48A. Permits granted under sections 40, 4UA, 40B, 41, 46, 46A, 47 or 48 be non-transferable.

Exclusive privilege of Government to import, etc. intoxicant, etc., and fees levied include rent or consideration for grant of such privilege to person concerned

¹³[49. Notwithstanding anything contained in this Act, the State Government shall have the exclusive right or privilege of importing, (o import, exporting, transporting, manufacturing, bottling, selling, buying, possessing or using any intoxicant, hemp or toddy, and whenever, under this Act or any licence, permit, pass, thereunder any Ices are levied and collected for any licence, permit, pass, authorisation or other permission given to any person for any such purpose, such fees shall be deemed to include the rent or consideration for the grant of such right or privilege to that person by or on behalf of the State Government.

50.] [Warehousing of opium.] Deleted by Bom. 22 of I960, s. 34.

51. [Rules for sale, etc., of warehoused intoxicant or hemp.] Deleted by Bom. 22 of I960, s. 34.

1. This word was substituted For the word "Provincial" by the Adaptation of Laws Order, 1950.

2. This words was substituted for the word "license" by Burn. 22 of 1960, s. 32 (a)

3. These words were substituted for the word "sale" by Bum. 26 of 1952, s. 23 (I).

4. These words were substituted for the words "hemp drug", ibid.

5. These words were inserted by Bom. 22 of I960. s. 32 {b).

6. This marginal note was substituted for the original by Bom. 26 of 1952, v. 23 (2).

7. This word was substituted the word "Licence" by Bom. 22 of 1960, s. 32 (c).

8. These figures, letter and word were substituted for the figures and word “40 and 41 by Bom. 26 of 1952, s. 22(1).

9. This word was substitute (or the word "Provincial" by the Adaptation of Laws Order, 1958.

10. These words were inserted by Bom. 26 of 1952, s. 22 (2).

11. These words were inserted, by Bom. 22 of 1960s.32(c)

12. Section 48A was inserted, ibid., s. 33.

13. Section 49 was inserted by Man. 70 of 19S1, s. 2.

Power of authorized officer to grant licences, permits and passes in certain cases

Notwithstanding anything in this Act, it shall be lawful for any officer authorized by the ¹[State] Government in this behalf to grant any licences, passes or permits for import, export, transport, possession, sale, buying cultivation, collection, manufacture, ²[bolting], consumption and use of any intoxicant, hemp, or mhowra flowers or molasses or for the parses in tapping of any toddy producing tree or the drawing of toddy from such tree in cases other than those specifically provided under any of the provisions of this Act

53. All licences, permits, passes, or authorizations grained under this Act shall be in such form and shall, in addition to or in variation or substitution of any of the conditions provided by this Act, be subject to such conditions as may be prescribed and shall be granted on payment of the prescribed fee:

General Conditions regarding licenses, etc.

Provided that every licence, permit, pass or authorization shall be granted only on the condition that the ³[person applying] undertakes, and regarding in the opinion of the officer authorized to grant the licence, permit, pass or licences, etc. authorization is likely to abide by all the conditions of the licence, permit, pass or authorization and the provisions of this Act. ⁴* * * * * *

Certain licensees required to keep measures etc.

⁵(53A. Every person who manufactures or sells any intoxicant, or hemp under a licence grained under this Act, shall be bounded –

(a) to equip himself with and keep such measures and weights and such instruments such instruments for testing she strength or quality of the intoxicant or hemp as the Collector may prescribe, and to keep the same in good keep conditions, and.

(b) on a requisition of any prohibition Officer, duly empowered in this behalf, at any time to measure, weight or test any intoxicant or hemp in his possession or to have it measured, weighed or tested in such manner as the Prohibition Officer may require.]

Power to cancel or suspend license and permits

54. (1) ⁶[The authority granting any licence, permit, pass or authorization under this Act may for reasons to be recorded in writing cancel or suspend t.);

(a) if any fee or duly payable by the holder thereof is not duly paid;

(b) if the purpose for which the licence, permit, pass or authorization was granted ceases to exist;

1. This was submitted for the words “Provincial” by the Adaptation of Laws Order, 1940.

2. This word was inserted by Bom. 22 of 1960, s. 35.

3. These words were substituted for the words "holder thereof”, ibid., s. 36.

4. The portion beginning with the words "and not to do anything” and ending with the words object and purposes of ibis Act" were decided by Bom. 26 of 1952, s. 24.

5. This section was inserted by Bom. 22 of 1960. s. 37.

6. These words were substituted for the portion beginning with the words “Director or any officer authorised in this behalf and ending with the words "granted under this Act", ibid., s. 3S<a)(i).

	(c) in the event of any breach by the holder of such licence, permit, pass or authorization or by his servant or by any one acting with his express or implied permission on his behalf of any of the terms or conditions of such licence, permit, pass or authorization or of any licence, permit, pass or authorization previously held by the holder;
II of 1930 XXIII of 1940, Bom. XXIX of 1952. IV of 1889 XLLV of 1878.	(d) if the holder thereof or any person in the employ of such holder or any person acting with his express or implied permission on his behalf is convicted of any offence under this Act or if the holder of the licence, permit, pass or authorization is convicted of any cognizable and non- bailable offence or (of any offence under the Dangerous Drugs Act, 1930 or under the Drugs Ad, 1940 or under the Bombay Drugs (Control) Act, 1952] or under the Indian Merchandise Marks Act, 1889, or of any offence punishable under sections 482 to 489 (both inclusive) of the Indian Penal Code, or of any offence punishable under Article 8 of the Schedule to section 167 of the Sea Customs Act, 1878; ²[(c) if the licence, permit, pass or authorization has been obtained through willful misrepresentation or fraud.] (2) Where a licence, permit, pass or authorization held by any person is cancelled, under sub-section (1), the authority aforesaid may cancel any other licence, permit, puss or authorization granted or deemed to have been granted to such person under this Act. ³[(3) Notwithstanding anything contained in this section, the State Government may, for reasons to be recorded in writing, suspend o cancel any licence, permit, pass or authorization.
Holder of Licence, etc. not entitled to compensation or refund of fee for cancellation or suspension thereof	55. No holder of a licence, permit, pass or authorization shall lie entitled to any compensation for the cancellation or suspension of the licence, permit, pass or authorization under-section 54 nor to a refund of any fee or deposit made in respect thereof.
Cancellation for other reasons	56.(1) Whenever the authority granting a ⁴[licence, permit, pass or authorization] considers that it should be cancelled for any cause other man those specified in section 54, he may cancel ⁵[it] cither - (a) on the expiration of not less than fifteen days' notice in writing of his intention to do so; or ⁶[(b) forthwith without notice, recording his reasons in writing for doing so.]
	1. These words and figures were substituted for the words and figures “of any offence under the Dangerous Drugs Act, 1930” by Bom. 22 of 1960, s.38(a)(ii). 2. This clause was inserted, ibid., 2 38(a) (iii). 3. This sub-section substituted for the original, ibid., s. 38 (b) 4. These words were substituted for the word "licence" ibid., s. 39 (a) (i). 5. This word was substituted for the words "the licence" ibid., s. 39 (a) (ii). 6. This clause was substituted, ibid., s. 39 (a) (iii).

⁵[(2) Where a licence, permit puss or authorization is cancelled under sub-section (1), a part of the fee for the licence, permit, pass or authorization proportionate to the unexpired portion of the term thereof and the deposit made by the holder thereof in respect of such licence, permit, pass or authorization' shall be refunded to him after deducting any amount due from him to the Stale Government.]

Attachment of licence

57. Notwithstanding anything contained in any other section, when a licence is liable under that section to cancellation owing to default in the payment of any duty or fee payable by the holder thereof, the authority granting the licence may attach and lake such licence under management, and if the profits received from such management after meeting all the expenses of such attachment and management are less than the amount of the arrears for which the licence was attached and the amount falling due on such licence during the remaining period of such licence the difference shall be recovered from the licensee as if it were a duty or fee leviable under any one of the provisions of this Act, and in the event of the said profits exceeding the amount so due under the licence, the licensee shall not be entitled to receive any of the said profits.

Right, title or interest under licence not liable to be sold or attached in execution.

58. Notwithstanding anything contained in any law for the time being inforce no right, tale or interest in any licence, permit, pass or authorization granted under this Act .shall be liable to be sold, transferred or attached in nut liable to execution of any process of any civil or any other court.

Supervision over manufacture, etc.

[58A. The State Government may be general or special order direct that supervision, the manufacture, import, export, transport, storage, sale, purchase, use, collection or cultivation of any intoxicant, denatured spirituous preparation, hemp, mhowra flowers, or molasses shall be under the supervision of such Prohibition and Excise or Police staff as it may deem proper to appoint, and that the cost of such staff shall be paid to the Suite Government by the person manufacturing, importing, exporting, transporting, storing, selling, purchasing, using, collecting or cultivating the intoxicant, denatured spirituous preparation, hemp, mhowra flowers or molasses :

Provided that, the State Government may exempt any class of persons or institutions from paying the whole or any part of the cost of such staff.]

⁴[Commissioner] entitled to require licence holder ⁵(or owner) to dispose of stocks

59. (1) Notwithstanding the fact that the period during which any licence, permit, pass or authorization is to be in force has not expired, the ²[Commissioner] may direct the holder thereof to dispose of his stock of require intoxicant, ³[denatured spirituous preparation,) or hemp or mhowra flowers before such date as may be specified in the order.

⁴[(1A) The ²[Commissioner] may also direct the owner of the stock of any intoxicant, ³(denatured spirituous preparation,] hemp or mhowra flowers who does not hold any licence, permit, pass or authorization for such stock to dispose of the said stock before such date as may be specified in the order, and the owner shall comply with such direction.]

(2) Any stock intoxicant ³[denatured] spirituous preparation,] hemp or mhowra flowers left undisposed of after the date so specified shall, together with receptacles or packages in which it is contained, be liable to forfeiture to ³jlhc Stale Government) by the other of the ²[Commissioner], On the cancellation or the expiry of (he period of any licence, permit, pass or authorization, the ²[Commissioner] may also direct that any stock of any intoxicant, ²[denatured spirituous preparation,] hemp or mhowra flowers remaining with the holder of the licence, permit, pass or authorization together with receptacles or packages thereof be forfeited to ⁵[the Suite Government.]

(3) If the articles which are forfeited under sub-section (2) are sold, the ²[Commissioner] may, if he thinks fit, order the whole or any portion of the sale proceeds of such articles to be paid to the owner thereof.

¹[(4) No direction or order under sub-section (1), (1-A), (2) or (3) shall be made unless the person likely to be adversely affected by such direction or order is given reasonable opportunity of being heard, arid the reasons for the direction given or order made are recorded in writing by the ²[Commissioner].

1. This sub-section was inserted by Bom. 22 of I960, s. 41(b).

2. This word was substituted for the word "Director" by Mah. 52 of 1973, s. 3, Sch.

3. These words were inserted by Bom, 22 of 1960, s. 41 (a).

4. Sub-section (1A) was inserted by Bom. 26 of 1952, s. 26(1).

5. These winds were substituted for the words "His Majesty" by die Adaptation of Laws Older.

Control on manufacture etc., of articles mentioned in section 24A.

9(Manufacture of articles mentioned in section 24 A.

CHAPTER IV-A

Control and Regulation of ⁵[Articles mentioned, in Section

24A] To Prevent their Use as Intoxicating Liquor.

⁶[59AA. No article mentioned in section 24A shall be manufactured, imported or exported, except under a licence which shall, subject to the provisions of any rules made in that behalf, be granted by an officer authorised in that behalf by an order in writing by the Style Government:

Provided that no such licence shall be necessary for the import or export of Such article to the extent of such quantity as may be prescribed.]

59A. (1) No manufacturer of any of the articles mentioned in section 24 A shall sell, use or dispose of any liquor purchased or possessed for the purposes of such manufacture under the provisions of this Act otherwise than as an ingredient of the articles-authorised to be manufactured therefrom. No more alcohol shall be used in the manufacture of any of the articles mentioned in section 24A than the quantity necessary for extraction or solution of the elements contained therein and for the preservation of the articles :

Provided that in the case of manufacture of any of the articles mentioned in section 24A in which the alcohol is generated by a process of fermentation the amount of such alcohol shall not exceed 12 per cent. ⁷[by volume].

(2) No person shall –

(a) knowingly sell any ⁸[article mentioned in section 24A] for being used as an intoxicating drink, or

(b) sell any such article under circumstances from which he might reasonably deduce the intention of the purchaser to use them for such purpose

¹[Analysis of articles mentioned in section 24.A]

59B. ²[(1)] Whenever the ³[Commissioner] has reason to believe that any of the articles mentioned in section 24A docs not correspond with the description and limitations provided in section 59A, he shall cause an analysis of the said articles to be made and if upon such analysis the ³[Commissioner] shall find the said article does not so correspond, he shall give not less than 15 days notice in writing to the person who is the manufacturer thereof or is known -or believed to have imported ¹⁰[or obtained] such article to show cause why the said article should not be dealt with as the intoxicating liquor, such notice to be served personally or by registered post as the ³[Commissioner] may determine, and shall specify the time when, place where, and the name of the officer before whom such person is required to appear.

1. This marginal note was substituted for the original by Bom. 36 of 1954, s. 9.

2. The original section 59B was re-numbered as sub-section (1) of that section by Bom. 20 of 1955, s. 5.

3. This word was substituted for the word “Director” by Mah. 52 of 1973, s. 3 Sch.

4. Chapter IV-A was inserted by Bom. 26 of 1952, s. 27.

5. These words were substituted for the words "Medicinal and Toilet Preparations" by Bom. 36 of 1954, s. 7.

6. This section was inserted by Bom. 22 of 1960, s. 42.

7. These words were added, ibid., s 43.

8. These words were substituted for the words, figures and letters "article to which section 24A applies" by Bom. 36 of 1954, s. 8(i).

9. This marginal note was substituted for the original, ibid., s. 8 (ii),

10. These words were inserted by Bom. 22 of 1960, s. 44 (1).

⁵[(1A) If such person fails to show to the satisfaction of the ⁴[Commissioner] that the said article corresponds with the description and limitations provided in section 59A, the ⁴[Commissioner] may by notification in the Official Gazette direct that the said article be dealt with as an intoxicating liquor and thereupon the provisions of this Act relating to liquor shall apply to that article.]

⁶[(2) Whenever the ⁴[Commissioner] causes an analysis of an article mentioned in section 24A to be made under sub-section (1) ⁷[or gives notice thereunder], he may require the person who is the manufacturer thereof or who is known or believed to have imported ⁷[or obtained] such articles not to sell, distribute or otherwise deal with such article, or to remove it from any place without the previous permission of the ⁴[Commissioner], for any period not exceeding three months from the date of such requisition or till the result of the analysis is known and ⁸[communicated to him in writing by the ⁴[Commissioner] whichever is earlier, or as the case may be, till such manufacturer, or other person satisfies the ⁴[Commissioner] that the article corresponds to the description and limitations provided in section 58A]; and thereupon such manufacturer or person shall comply with such requisition during the said period.]

Prohibition against possession of denatured spirituous preparation in excess of prescribed limit and the regulation of its possession in excess of prescribed limit.

⁹[Chapter IV-B.

Control and Regulation of Denatured Spirituous Preparations to Prevent their Use as Intoxicating Liquor.

59C. (1) No person shall have in his possession, except under a permit granted by any officer empowered by the State Government in that behalf, any quantity of denatured spirituous preparation in excess of such a quantity as the State Government may, by notification in the Official Gazette, specify.

4. This word was substituted for the word “Director” by Mah. 52 of 1973, s. 3 Sch.

5. This sub-section was inserted, ibid., s. 44 (2).

6. Sub-section (2) was added by Bom. 20 of 1955, s.5.

7. These words were inserted by Bom. 22 of I960, s. 4 (I).

8. These words, figures and letter were substituted for the words "communicated to him, whichever is earlier" ibid., s. 44(3).

9. Chapter IV-B was inserted, ibid., s. 45.

(2) in specifying quantity of possession of denatured spirituous preparation under sub-section (1) regard shall be had to the necessity for the free possession of such preparation for legitimate, domestic and other purposes, and different limits may he fixed for –

(i) different local areas,

(ii) different classes of persons, and

(iii) different occasions.

Regulation of manufacture, etc., of denatured spirituous preparations.

59D. (1) No person shall-

(a) manufacture, sell or bottle for sale any denatured spirituous preparation, except under the authority and in accordance with the terms and conditions of a licence,

(b) import, export or transport any denatured spirituous preparation in excess of the limit of possession specified under sub-section (1) of section 59C, except under [he authority and in accordance with the terms and conditions of a pass,

(2) A licence or pass required under sub-section (1) shall be granted by any officer empowered in writing in that behalf by the Stale Government.]