1923 : Ph. Act V.] LOCAL OPTION 683 THE Punsas LocaL OpTioN Act, 1923 CONTENTS.
CHAPTER 1 o Preliminary. " SECTIONS. :
1. Short title, extent and commencement. -
2. Definitions.
3. Application by local body for extension of the Act.
10. 1L
CHAPTER IL POWERS OF AN EMPOWERED LocaL Bopy. Restriction of the number of liduor shops in a local area. Referendum. Resolution of empowered local bodies to be binding on Collectors.
CHAPTER IIL POWER TO MAKE RU‘LES. Powers of the Central Government. Powers of local bodies.
CHAPTER IV. FOREIGN LIQUOR Special provision concerning foreign liquor.
CHAPTER V. GENERAL, Penalties. Saving of the provisions of the Pu njab Excise Act, 1014, 1923 : Pb. Act V.] rocaL oprion 685 'THE PUNJAB LOCAL OPTION ACT, 1923. . Punsas Act, V or 1923, [Received the assent of the Governor of the Punjab on the 3rd November, 1923, and that of the Governor- General on the 2nd December, 1923, and was first published in the Punjab Gazette of the 21st December, 1923.1 1 2| 3 4 Year N:. i s‘lg;fiitle Whether repealed or otherwise R affected by legislation 1923 .. \Y -‘i'hc Punjab Local Option Amc_nded by the Government of Act, 1923 India (Adaptation” of Indian Laws) Order, 1937, Amended by the I ndian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948 [ (G- G. 0. 40) . Amended by the Adaptation of ‘ Laws Order, 1950 . Extended to the territorics, I which immediately before the 1st November, 1956, were " comprised in the State of | Patiala and East Punjab States | Union, by Punjab Act 7 of ; 1957.° ! Amended by the Punjab Reorganisation'(Chandigarh). (Adaptation of Laws on State and Concurrent Subjects) ). Order, 1968, (e An Act to provide for the restriction of the sale of intoxicating liquor according to the wishes of local bodies. WHEREAS it is desirable to enable local bodies to restrict the sale of intoxicating liquor within certain areas; and whereas the previous sanction of the Governor-General under sub-section (3) of section 80-A of the Government of India Act has been obtain- | ed; It is hereby enacted as follows : —
1. (1) This Act may be called the Punjab Local Option Act, 1923. Short title, ex_ tent and com-
(2) It extends to ‘[Union territory of Chandi-"®ement garh]. ) o B L 1For Statement of Objects and Reasons, see Pun jab Gazette, 1923, Part 1, pages 668-669; for Select Committees Report, see ibid, 1923, Part V, pages 127—31, and for proceedings in Council, see Punjab Legislative Council Debates, Volume V, pages 78—81 , 221, 311-312 and 313—323. . < ; sFor Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinray), 1957 , page_fi.’::'l. . sSubstituted for the word “Punjab” by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subj ects) Order, 1968. 686 LOCAL OPTION (1923 : pp, Act v '
(3) It shall come into force' on such date a4 “[State] Government may by notification appoint in y® behalf, ' Definitions. 2. In this Act unless there is anything e nant in the subject or context— 1) “Liquor” has the meaning assigned to it § Punj(alz Excise Act, 1914. 10 the L
(2) “Foreign liquor” means— 1oy,
(a) all liquor imported by sea into *[the whole of India except Part B States] other than rectified spirit, denatured spirit and perfumed spirit ;
(b) all beer manufactured in India.
(3) “Local body” means a district board established under the Punjab District Boards Act, 1883, or g XX« municipal committee or notified area committee established or appointed under the Punjab Municipal Act, X « 1911, or a small town committee established under the 1w Punjab Small Towns Act, 1921. . i)
(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 specied.
(5) “Sale” includes any transfer other than by way of gift.
(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 in the license, but o does not include any of the following places in which _only foreign liquor is sold, namely :—
(i) a club, (i4) a hotel,
(iii) a restaurant bar, hat
(i) a railway refreshment room except tha kept for Hindus and Muhammadans,
(v) a railway restaurant car. - Pug. IThe Act came into force on st April, 1924, see Punjab Ggzetté: Part I, page 116. g . aws 2Substituted for the word “Provincial” by the Adaptation of I Order, 1950, ords e 3Substituted by the Adaptation of Laws Order, 1950. Tamee‘}rndlfl ‘all the Provinces” were substituted for “British India” by (Adaptation of Existing Indian Laws) Order, 1947. - N 1923 : Ph. Aet V.] LocAL orrion 687 bod (/l) “Locall area” means the area over which a local Yy has authority.
3. The '[Central Government] shall, on the A#Pieaton o fipphcanon of a local body, within a period not exceed- extension of the ing three months from the date of such application, Act. declare by notification that such local body may exercise the powers conferred under sections 4, 5 and 8.
CHAPTER II POWERS OF AN EMPOWERED Locar Bopy.
4. (I) An empowered local body may from time ,m’f:;::’fim}iqug: to time by resolution passed in accordance with its shops in a local rules of business prescribe the maximum number of area. licensed shops at which liquor may be sold within its local area.
(2) Such number shall be not less, in the case of a municipal committee, than one-third, and in any other case, than one-half of the total number of shops licensed by the Collector for the retail vend of liquor on 31st March, 1923, within the limits of such local area.
(3) Such resolution shall take effect from the 1st of April, in the year next following the date on which it was passed.
5. (1) An empowered local body may by resolu- Referendum, tion passed from time to time in accordance with its rules ) of business—
(a) prescribe a maximum number, which may be less than the proportion prescribed in sub-section (2) of section 4, of licensed shops 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 under this Act until it has been submitted by way of ‘Substituted for th;: words “State Government” by the Punjab Reorganisation (Chandigerh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968. 688 LOCAL OPTION (1923 . Ph. Acty referendum to the registered electors of such em ed local body, and has been confirmed by a two‘}“}:‘fer. majority of the total number of such electorg, Irdg
(2) When a resolution has been confirmeq u sub-section (1) it shall take effect from the 1st dander April of the year next following the date of such Z of firmation and shall thereafter remain in force, Pl‘cvign. that at any time such empowered local body mg ed further resolution declare that such resolution g, ly cease to have effect upon the 1st day of April in t?x 1 vear next following the date of such further I'ESolutioe and such resolution shall accordingly cease tq ha‘?’ effect from such date. € Resolution of 6. Notwithstanding 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 functions of the Tectors. Collector 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 which the local area concerned is situated :
Provided 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 has been carried on or connived at, within the two years preceding the date of the passing of such resolution, by any of the residents of such local area, such resolution shall not be binding upon him, unless the 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 s Power of local g An empowered local body may make ™ ies. prescrlbed-— in which licen-
(e) the portions of its lo?al area sed shops may be situated ; 777-F70r' ‘1‘1:))135', oo nofification No. 17133, dated 5th July, zette, 1924, Part 1, page 552, N the o gSlfbstitu!edafor the words “State Government bsytute and Reorganisation (Chandigzarh) (Adaptation of Laws on current Subjects) Order, 1968, ~ "B'Z:’;;uuiflb b Pu(l;i)n- | 1923 : Ph. Act V.] LOCAL OPTION 689
(b) the hours during which liquor may be sold at such shops ;
(c) the minimum age, which shall not exc eed 18 years, of the persons who may be served with liquor at such shops.
CHAPTER IV. FOREIGN LIQUOR.
9. Except as hereinafter provided the provisions Special proviof this Act, shall not apply to the sale of foreign liquor, a‘)‘;‘é’mfi‘;fimg but when an empowered local body has prescribed a maximum number of licensed shops under section 4 or section 5 or has prohibited the sale of liquor under section 5, and the ‘[Central Government] is satisfied that the object of such prescription or prohibition is being evaded by the sale of foreign liquor in the local area concerned, the *[Central Government] shall by rule made under section 58 of the Punjab Excise Act, 1914, prohibit the Collector from granting a license for the sale of foreign liquor in the said local area except in accordance with the terms of such resolutions as such empowered local body may have passed or may pass in respect of country liquor, or with the special sanction of the *[Central Government].
CHAPTER V. GENERAL.
10. Any person who commits a breach of any rule Penaltles. made under section 8 shall be punishable with a fin e which may extend to one hundred rupees.
11. Subject to the provisions of this Act the provi- Saving of the rovisions of the sions of the Punjab Excise Act, 1914, and the rules made thereunder, shall have full force and effect in the localixjfi;gu, Fhsolas areas of all empowered local bodies. sgubstituted for the words “State Government” by the Punjab tion (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968,