Punjab Intoxicants Licence and Sales Orders , 1956

orders · 1914 · Punjab

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Parent: The Punjab Excise Act, 1914(Bare Act ) (b6edcd3a983bebfe37c16be851c67631b836d390)

Text

Punjab Intoxicants Licence and Sales Orders , 1956 Published vide Punjab Notification No . GSR 190/PA-1/14/Sections 5 , 58 and 64 dated 18th August 1964 . 1 . The limits specified below shall be the limit of retail sale of intoxications in the whole of Punjab except the prohibition area in respect of items (1) , (2) and (3) :- Provided that - (a) the above restrictions shall not apply to - (i) Church authorities in Punjab for sacramental purposes; and (ii) the possession of foreign liquor by the Governor of Punjab and to that of imported liquor by the diplomatic staff of a foreign embassy located in the State of Punjab: [Provided further that there shall not be any size restriction in respect of the bottles of imported foreign liquor . ] [(b) a permit in Form L-50 for possession up to 24 Quarts of IMFL of 750 millilitres including brandy and imported liquor (i . e . up to 18 litres in any size , 48 bottles of beer of 650 millilitres (i . e . up to 31 . 2 litres in any size) and 24 bottles of wine of 750 millilitres (i . e . up to 18 litres in any size) , will be issued on permit fee of Rs . 500/ -for one year by the Assistant Excise and Taxation Commissioner incharge of the district and permit for life time will be granted one payment of lump sum permit fee of Rs . 5 , 000/ -with the approval of the Collector , for consumption by the permit holder for his guests or the members of his family . However , for grant of annual and lifetime license in Form L-50 , two passport size photographs of the applicant would be required to be submitted along with the application . One photograph shall be pasted on the permit and the other shall be retained in the office of the Assistant Excise and Taxation Commissioner , Incharge of the district for record . In case of holders of L -50

Rule TOC

1 · . The limits specified below shall be the limit of retail sale of intoxications in the whole of Punjab except the prohibition area in respect of items (1) , (2) and (3) :-

3 · . All licences , other than temporary licences , shall , unless under it is otherwise provided , determine on the 31st of March next following the grant .

4 · . Shops may be licenced for the sale of liquor and intoxicating drugs in any such villages and in such wards or quarters of towns as the Financial Commissioner shall subject to the control of the State Government , from time to time direct .

5 · . No licence for the sale of liquor or drugs may be given unless either there is an ascertained demand for such liquor or drugs in the locality concerned , or it is granted to counteract the illicit supply of liquor or drugs in that locality , nor in the case of liquor licences for on consumption without the inquiry prescribed by order 8 to 15 of these orders .

7 · . A licence for the vend of liquor or drugs may not be given :-

8A · . [The Collector shall take all reasonable steps to ascertain the opinion of persons , who reside or have property in the neighbourhood and are likely to be affected by the proposal to grant the above type of license . ]

9 · . The Collector shall paste notice of a proposal at or near the site proposed for the new licence and shall cause the proposal to be made known in the neighbourhood by beat of drum .

10 · . If the proposed premises are in a municipal area , or notified area or gram panchayat area , the Collector shall lay the proposal in writing before the committee of the Municipality or notified area or gram panchayat , if in a rural area , before the District Board and Gram Panchayat of the local area .

11 · . The Collector shall also ask for the opinion of all Superintendent of Police .

11B · . For the grant of licenses in form L-4 and L-5 , there should be seating arrangement for 40 persons with covered area of more than 400 sq . ft . , adequate air conditioning , uniform for all service providing and administrative staff , toilet facility . However , for the grant of these licenses at a place other than multiplexes , shopping malls and a Hotel with a minimum two star classification certificate , there should also be a minimum annual sales turnover of Rs . 30 lacs , reasonable parking facility , complete generator backup , either a triple sink unit or a commercial dish washer provided in dish washing with separate sinks for pot washing , adequate storing capacity for perishables , dry groceries , Liquor , Geyser hot water point , Adequate refrigeration in the Kitchen , Kitchen should be equipped with proper exhaust hoods and exhaust equipment :

13 · . If any objection is preferred to the proposal within [fifteen days] from the date of the notice and reference , referred to in orders 9 and 10 of these orders , the Collector or a gazetted officer deputed by him shall enquire into it . The enquiry shall , if possible , be made on the spot . If it is not possible to make an inquiry on the spot , an enquiry shall be made in a formal proceeding at which evidence tendered for or against the proposal shall be recorded . The date and place of the inquiry shall be published in the notice prescribed above .

14 · . The final report , together with the opinion of the committee of the local body concerned and Superintendent of Police (provided this opinion is furnished within two months from the date of the reference mentioned in orders 10and 11 of these orders) shall be forwarded by the Collector to the Financial Commissioner for the Orders of the state Government .

15 · . The procedure laid down in orders 8 to 14 is subject to and may be restricted by the exercise of their powers by the local bodies empowered under Section 3 of the Punjab Local Option Act , 1923

19 · . No person shall print or publish in any newspaper , book , leaflet or any other publication or otherwise display or distribute any advertisement or other matter commending or soliciting the use of any liquor or intoxicating drug such as is likely to encourage or incite any individual or class of individuals or the public generally to commit an offence under the Act or to commit a breach or evade the provisions of any rules or orders made thereunder or of the conditions of any licence , permit or pass obtained thereunder .

20 · . No person shall circulate , distribute or sell any newspaper , book , leaflet , booklet; or other publication printed or published outside the State , which contains any advertisement or matter of the nature described in the preceding order .

21 · . The newspaper , book , leaflet , booklet , or other publication containing any advertisement or matter of the nature described in orders 19 and 20 above shall be confiscated and forfeited to the State Government and such confiscated articles shall be disposed of in such manner as the Financial Commissioner may decide .