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Section 40B

The Gujarat Prohibition Act, 1949.State Act of Gujarat · Act 25 of 1949

(1) The State Government may rules or orders in writing authorize an offi cer to grant emergency permits for the use or consumption of brandy, rum or champagne or any other kind of liquor to any person for his own use or consumption or to any head of a household for the use of his household for medicinal use on emergent occasions :

1. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

2. These words were substituted for the word “permit” by Gui. 9 of 1978 s 5(a) -

3. Clause (b) was deleted by Bom. 26 of 1952, s. 16(1).

4. This words was substituted for the words “the dominion of India “by the adoptation of laws order, 1950.

5. Sub-section (2) was deleted by Bom. 22 of I960, s. 23.

6. Sub-section (4) was added by Bom. 26 of 1952, s. 16(2).

7. The explanation was deleted, ibid, s. 16 (3).

8. Section 40 A and 40 B were inserted, ibid., S. 17.

9. This marginal note was substituted for the orginal by Guj. 9 of 1978, s. 5(b).

9[Temporary resident’s permits.]

XVI of 1939, Health permit.

Emergency permits.

H-2065—5 18 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV

Provided that the person to whom a permit is granted under this section may 1[ subject to such conditions as may be prescribed ] allow the use or consumption of liquor in respect of which the permit has been granted to any other person who requires the use thereof for medicinal purpose on emergent occasions :

Provided further that no permit shall be granted to more than one member of a household at any one time.

2[* * * * * *]

(3) Such permits shall be granted for such quantities and shall be subject to such further conditions as may be perscribed.

2[* * * * * *]

41. The 3[State] Government may grant special permits for the use of consumption of foreign liquor 4[ to any person who is—

(a) a Sovereign or Head of a foreign State ;

(b) an Ambassador, Diplomatic Envoy or Consul, Honorary Consul or Trade, Commerce or other representative of a foreign State ;

(c) a member of the staff appointed by or serving under any person, specifi ed in clause (a) or (b) : Provided that such member is a national of a foreign State ; 5[*] 6[(c1) a member of a foreign Government;

(c2) a representative or offi cer of any international organization to which privileges and immunities are given from time to time by or under the United Nations (Privileges and Immunities) Act, 1947 ; and ]

(d) The Consort of any person specifi ed in clause (a), (b), 7[(c), (c1) or (c2)] or any relation of such person dependent upon him .]

42. [ Permits to be non-transferable. ] Deleted by Bom.22 of 1960, s. 26.

Where this provision sits

ActThe Gujarat Prohibition Act, 1949.
Section40B
JurisdictionState of Gujarat
StatusIn force as published by the source

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