State Act

THE UNITED PROVINCES EXCISE ACT, 1910

37-A (1) Subject to the provisions in sub-section (4), the import or export of any intoxicating into or from Uttar Pradesh or any part thereof or the transport of any intoxicant shall be prohibited. (2) Notwithstanding anything contained in section 20, but subjects to the provision of sub-section (4), the possession or consumption by any person or class of persons or subject to such exceptions, if any, as may be specified, by all persons in Uttar Pradesh or in any specified area or areas thereof, of any intoxicant shall absolutely or subject to such conditions as may be specified, be prohibited. (3) 2{The State Government may, having regard to various social, economic and administrative factors in the State, enforce prohibition in any such particular area as it may deem fit.} (4) Subject to the provisions of sub-section (3), the area to which the prohibition on import, export or transport of any intoxicant under sub-section (1) and on possession or consumption of any intoxicant under sub-section (2) extends and the date on which the prohibition in any area comes into force, shall be such as the State Government may, from time to time, specify by notification. (5) Notwithstanding anything contained in sub-section (4), in relation to any prohibition area, the State Government may, either by rules on by general or special order, make any exemption or relaxation in respect of the possession, consumption, import, export or transport of the intoxicants mentioned in the notification under sub-section (4) or any of such intoxicant by or for purposes of— (a) members of the defence services ; (b) foreigners visiting or residing in the prohibition area; (c) travelers through the prohibition area; (d) district hospitals or medical colleges requiring any intoxicant for medicinal purposes; (e) persons holding licences under sections 17, 18, 21 and 24; (f) consignments from, to or passing through the prohibition area by rail, road or air; (g) industrial, scientific, educational, medicinal or religious purposes. (6) In relation to any exemption or relaxation that may be made under sub-section (5), the State Government may either by rules or by general or special order, provide for the grant of pass or permit by such authority as may be specified. (7) Upon the issue of a notification referred to in sub-section (4), the authority granting a licence under this Act may in so far as it relates to a prohibition area cancel it forthwith without notice, and it shall thereupon remit a sum equal to the amount of the fee payable in respect of the unexpired period of the licence, and refund any fee paid in advance or deposit made by the licensee in respect thereof, less the amount, if any, due to the State Government, but no compensation shall in respect of such cancellation be payable to the licensee, anything contained in section 35 notwithstanding. (8) Where any licence is cancelled under sub-section (7), the licensee shall dispose of the intoxicants in his possession in such manner as the State Government or the Excise Commissioner may by general or special order direct : Provided that no act done or omission taking place during the period commencing on May 1, 1972 and ending with June 25, 1978 which would not be offence but for such substitution shall constitute an offence punishable under the Principal Act.]2