Bare ActsThe Gujarat Prohibition Act, 1949.

Section 40

Amendment status not verified — confirm the current text below against the official source.

(1) The 1[State] Government may, by rules or an order in writing, authorize an offi cer to grant 2[a temporary resident’s permit] 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 either born and brought up or domiciled in any country outside India where such liquor is being generally used or consumed ; or (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 fi xed 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 (1) are satisfi ed or not in any case, the State Government shall decide the question and its decision shall be fi nal.] 7[* * * * * *] 8[40A. (1) The State Government may by rules or orders in writing authorize an offi cer to grant a health permit for the use or consumption of foreign liquor to any person who requires such liquor for the 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.

Section 40 – The Gujarat Prohibition Act, 1949. | DailyLaw.ai