State Act

THE UNITED PROVINCES EXCISE ACT, 1910

24-A 1[(1) Subject to the provisions of section 31, the Excise Commissioner may grant to any person a licence or licences for the exclusive or other privilege – (a) of manufacturing or of supply by wholesale, or of both; or (b) selling by retail; or (c) of selling by wholesale; or (d) of selling by retail at shops; any foreign liquor in any locality. (2) The grant of licence or licences under clause (d) of sub-section (1) in relation to any locality shall be without prejudice to the grant of licences for the retail sale of foreign liquor in the same locality in hotels, restaurants, clubs and notified places for consumption on their premises.] (3) Where more licences than one are proposed to be granted under clause (d) of sub-section (1) in relation to any locality for the same period, advance intimation of the proposal shall be given to the prospective applicants for every such licence. (4) The provisions of section 25 and proviso to section 39 shall apply in relation to grant of a licence for an exclusive or other privilege under this section as they apply in respect of the grant of a licence for an exclusive privilege under section 24. 2[(5) Exclusive privilege for service and supply of Liquor: Licence may be granted for service and supply for consumption of liquor with the permission of Hotel, Restaurant, Club and notified places. Notwithstanding anything contained in any judgment, decree or order of any court, tribunal or authority, every hotel, club, restaurant or any notified place having a licence shall be entitled to engage in the service and supply of liquor to members, guests or other persons for consumption of such liquor within the premises of such club, hotel, restaurant or notified place, irrespective of whether such club, hotel, restaurant or notified place, is located on or near any State or National Highway: Provide that if any persons obtains permit for serving of liquor at a private place, then such place shall be considered as notified place for the purpose of this section. (6) Notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, any licence issued to any hotel, club, restaurant or other notified place for the sale of liquor shall be deemed to have been and always be deemed to have been issued for the service and supply of liquor and all relevant provisions of this Act and the rules made there under shall continue to apply as they did for sale of liquor. Explanation- For the removal of doubt, it is hereby clarified that all taxes, duties, cess or other levies as applicable to sale of liquor shall apply to service and supply of liquor unless otherwise specified in this or any other Act, rule or notification made thereunder.]