the L — THE PUNJAB LOCAL OPTION ACT, 1923 — Roop's Law Assist Statutes

10 the L (2) “Foreign liquor” means— (a) all l ) "Foreign liquor" means— (a) all liquor imported by sea into *[the whole of India except Part B rted by sea into *[the whole of India except Part B States] other than rectified spirit, denatured spirit and perPart B States] other than rectified spirit, denatured spirit and per- fumed spirit ; ied spirit fumed spirit ; (b) all beer manufactured in India. (3) "Local body" means a district board establish- nder the Punjab District Boards Act, 1883, or g "Local body" means a district board establish- ed under the Punjab District Boards Act, 1883, or g XX« municipal committee or notified area comm ed under the Punjab District Boards Act, 1883, or g municipal committee or notified area committee esta- blished or appointed under the Punjab Municipa committee or notified area committee esta- blished or appointed under the Punjab Municipal Act, X « 1911, or a small town committee established under the 1w blished or appointed under the Punjab Municipal Act, X « 1911, or a small town committee established under the 1w Punjab Small Towns Act, 1921. . i) 1911, or a small town committee Punjab Small Towns Act, 1921. s . e 1w i) (4) "Empowered local body" means a local body erning which a declaration has been made under (4) "Empowered local body" means a local body concerning which a declaration has been made under 1fiec(:ition 3 that it may exercise the powers therein speciconcerning which a declaration has been made under 1fiec(:ition 3 that it may exercise the powers therein speci- ed. it ed. (5) "Sale" includes any transfer other than by way ft. of gift. (6) (i) a club, ift. (6) "Licensed shop" means the business premises person licensed to sell liquor by retail under the (6) "Licensed shop" means the business premises of a person licensed to sell liquor by retail under the v Punjab Excise Act, 1914, as specified i of a person licensed to sell liquor by retail under the v Punjab Excise Act, 1914, as specified in the license, but o does not include any of the following places in which Punjab Excise Act, 1914, as specified in the license, but does not include any of the following places in which only foreign liquor is sold, namely does not include any of the following pl _only foreign liquor is sold, namely :— (i) a club, (i4) a hotel, (iii) a restaurant bar, (i) a r (v) a railway restaurant car. hat tha bar, hat (i) a railway refreshment room except tha kept for Hindus and Muhammadans, freshment room except kept for Hindus and Muhammadans, a rai IThe Act came into force on st April, 1924, see Punjab Ggzetté: I, page 116. g he Act cam Part I, page 116. g ords ords e 3Substituted by the Adaptation of Laws Order, 1950. Tamee'}rndlfl 'all the Provinces" were substituted for "British India" by e 3Substituted by the Adaptation of Laws Order, 1950. Ta 'all the Provinces" were substituted for "British India" by (Adaptation of Existing Indian Laws) Order, 1947. Provinces" were substituted for "British In (Adaptation of Existing Indian Laws) Order, 1947. - io aws . aw 2Substituted for the word "Provincial" by the Adaptation of I r, 1950, 2Substitu Order, 1950, N 1oy, ' bod (/l) "Locall area" means the area over which a local Yy has authority. all area" Yy has authority. The '[Central Government] shall, on the A#Pieaton o CHAPTER II POWERS OF AN EMPOWERED Locar Bopy. (I) An empowered local body may from time ,m'f:;::'fim}iqug: Such number shall be not less, in the case of a Such resolution shall take effect from the 1st ) (1) An empowered local body may by resolu- Referendum, (a) prescribe a maximum number, which may b be less than the proportion prescribed in sub-section (2) of section 4, of licensed shops a w at which liquor may be sold within its local area ; or (b) direct that liquor may not be sold at any licensed shop within such local area : Provided that no such resolution shall have effect er this Act until it has been submitted by way of Provided that no such resolution shall have effect under this Act until it has been submitted by way of 'Substituted for th;: words "State rganisation (Chandigerh) (Adaptatio Government" by the Punjab of Laws on State and Con'Substituted for th;: words "State Government" by the Punjab Reorganisation (Chandigerh) (Adaptation of Laws on State and Con- current Subjects) Order, 1968. Reorganisation (Chandigerh) current Subjects) Order, 1968. referendum to the registered electors of such em ed local body, and has been confirmed by a two‘}“} m to the registered electors of such em ed local body, and has been confirmed by a two'}"}:'fer. major o rmed fer. majority of the total number of such electorg, Irdg When a resolution has been confirmeq u Resolution of 6. Notwithstanding anything containeq jab Excise Act, 1914, and the rules mgfi j '» anding anything containeq j gd;;:;rmso lafi Punjab Excise Act, 1914, and the rules mgfi'e'»mth;?: binding on Col- under with regard to the powers and gd;;:;rmso lafi Punjab Excise Act, 1914, and the rules mgfi'e'»mth;?: binding on Col- under with regard to the powers and functions of the Tectors. Collector under the said Act a resolution passed unde binding Tectors. under with regard to the powers and functions of the Collector under the said Act a resolution passed under section 4 or passed and confirmed under section 5 ector under the said Act a resolution passed under section 4 or passed and confirmed under section 5 shall be binding upon the Collector of the District in whic ction 4 or passed and confirmed under section 5 shall be binding upon the Collector of the District in which the local area concerned is situated : ding upon the Collector of th the local area concerned is situated : Provided that if the Collector is of opinion for ons to be recorded in writing that withi that if the Collector is of opinion for reasons to be recorded in writing that within such local area illicit distillation or smuggling of alcohol e recorded in writing that within such local area illicit distillation or smuggling of alcohol has been carried on or connived at, within the two local area illicit distillation or smuggling of alcohol has been carried on or connived at, within the two years preceding the date of the passing of such res been carried on or connived at, within the two years preceding the date of the passing of such resolu- tion, by any of the residents of such local area, such years preceding the date of the passing of such resolu- tion, by any of the residents of such local area, such resolution shall not be binding upon him, unless the , by any of the residents of such local area, such resolution shall not be binding upon him, unless the Commissioner orders that jt shall shall not be binding upon him, unless Commissioner orders that jt shall be so binding. CHAPTER III. PowrRrs 10 MAKE RULES. Powers of the '7. The *[Central Government] may make rules Sfei?d Goresp- regulating the procedure for holding a referendum under i section 5. 1 i?d i regulating

Section 10