Amendment status not verified — confirm the current text below against the official source.
Possession and consumption of intoxicant generally (1) No person not being licensed to manufacture, cultivate, collect or sell any intoxicant shall have in his possession any quantity of any intoxicant in excess of such quantity as the Board has, under Section 5, declared to be the limit of a retail sale, except under a permit granted by the Collector in that behalf. (2) Sub-section (1) shall not apply to - (a) any foreign liquor (other than denatured spirit) which is in the possession of any common carrier or warehouseman as such; or (b) any foreign liquor which has been purchased by any person for his bonafide private consumption and not for sale or for use in the manufacture of any article for sale, or (c) tari intended to be used in the manufacture of gur or molasses, (d) tari intended to be used solely for the preparation of food for domestic consumption and not- (i) as an intoxicant, or (ii) for the preparation of any intoxicating article, or (iii) for the preparation of any article for sale. (3) A licensed vendor shall not have in his possession at any place other than that authorised by his licence any quantity of any intoxicant in excess of such quantity as the Board has, under Section 5, declared to be the limit of a retail sale, except under a permit granted by the Collector in that behalf. (4) Notwithstanding any thing contained in this Act and the Dangerous Drugs Act (Act II of 1930), the State Government may, by notification, prohibit the possession by any person or class of persons or subject to such exceptions, if any, as may be specified in the notification, by all persons either in the State of Bihar or in any specified local area, of any intoxicant either absolutely, or subject to such conditions as it may prescribe. Notification S.O 941 dated 29th July 1978 (Published in Bihar Gazette Extra-ordinary dated the 29th July, 1978)- The Governor of Bihar, in exercise of powers conferred by sub-section (4) of section 19 of Bihar and Orissa Excise Act 1915 (Bihar and Orissa Act II of 1915) is pleased to make the following orders:- 1 (a) No person while being in a public place shall possess and consume any intoxicant in a public place not licenced for consumption of the same. For this purpose a “public place” shall mean “any place intended for use by or accessible to the public and shall include any public conveyance.” (b) Alcoholic beverages shall not be served in hotels, restaurants, clubs and at public receptions unless specially permitted: Provided that- (i) There will be no restriction on serving on liquor in the precincts of foreign embassies. Foreign embassies may also be allowed to serve liquor in hall/s launges of hotels and clubs provided such halls/ launges are exclusively reserved or taken on hire by them to entertain a select number of invitees: (ii) The exemption referred to in (i) above may also be extended to parties hosted by others in honour of foreigners subject to the condition that the member of invitees does not exceed 100, and those hosting such parties obtain permits from the Deputy Commissioners / District Magistrate concerned. (iii) Service of liquor of foreigners in bars or special rooms earmarked for the purpose in hotels and restaurants approved by the Ministry of Tourism and Civil Aviation may be permitted. (iv) Serving of alcoholic beverages in Defense Establishment may be permitted only in bars or specifically reserved rooms for private parties as are located in the messes, clubs of such establishments.