(1) No person shall sell or buy any intoxicant except under the authority and in accordance with the terms and conditions of a licence granted in this behalf:
Provided that a person having a licence to draw toddy from an excise tree, may sell such toddy to a person licensed to buy toddy under this Act without obtaining a licence for such sale but subject to such restrictions and conditions as the Commissioner may, by general or special order, specify.
(2) A licence for sale or buying under sub-section (1), shall be granted–
(a) by the 1[District Prohibition and Excise Officer], if the sale or buying is within a district;
(b) by the Deputy Commissioner, if the sale or buying is in more than one district within his jurisdiction; and
(c) by the Commissioner, if the sale or buying is in an area within the jurisdiction of more than one Deputy Commissioner:
Provided that subject to such conditions as may be determined by the Commissioner, a licence for sale or buying granted under the excise law in force in any other part of India may be deemed to be a licence granted under this Act.
(3) Nothing in this section shall apply to the sale of any liquor lawfully procured by any person for his private use and sold by him or on his behalf of his representatives in interest upon his quitting a station or after his decease.
(4) Notwithstanding anything in sub-sections (1) and (2), no club or a hotel shall supply liquor to its members or customers on payment of a price or any fee or subscription except under the authority and in accordance with the terms and conditions of a licence granted in that behalf by the Commissioner on payment of such fees as may be fixed by him according to scale of fees prescribed therefor.
Footnotes in the official text
- 1.Throughout the Act, for the words “Prohibition and Excise Superintendent” the words “District Prohibition and Excise Officer” substituted vide. Act No.32 of 2017.