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Section 45

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

(1) The 2[State] Government may, by rules or an order in writing, authorize an offi cer to grant any authorization to any person for the use of liquor for sacramental purposes:

Provided that the offi cer so authorized is satisfi ed that the use of such liquor is required in accordance with the religious tenets of the community to which such person belongs.

8[(2) An authorization under this section shall be granted on the recommendation of such members of the community to which the person applying for the authorization belongs, as may be approved by the State Government in that behalf.]

9[* * * * *]

(4) If any dispute arises whether the use of liquor is required by any person for sacramental purpose, the person requiring such use may apply to the 11[Director].

The 10[ Director] after holding a summary inquiry 11[ * * * ] shall decide whether or not the liquor is required by the person for sacramental purposes.

(5) The decision of the 10[Director] under sub-section (4) shall be fi nal.

1. Sub-sections (3) and (4) were substituted for the original sub-section (3) by Bom. 22 of 1960, s. 27.

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

3. These words were substituted for the words “authorize or grant” by Bom. 26 of 1952, s. 21.

4. These words were added by Bom. 22 of 1960, s. 28 (a).

5. Clauses (a) and (d) were deleted, ibid,s. 28 (b) (i).

6. These words were inserted and the word “and” at the end was deleted, ibid s. 28 (b) (ii).

7. The Explanation was deleted, ibid, s. 28 (b) (iii).

8. This sub-section was substituted by Bom. 22 of 1960, s. 29 (a).

9. Sub-section (3) was deleted, ibid, s. 29 (b).

10. This word was substituted for the word “Commissioner”, by Bom. 28 of 1950 Sch.

11. The words “in the prescribed manner” were deleted by Bom. 22 of 1960, s. 29 (c).

Licence to clubs.

Authorization for sacramental purposes.

20 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV 1[46. (1) The State Government may by rules, or an order in writing, authorise an offi cer to grant visitor’s permit for the purchase, possession, use or consumption of foreign liquor to a person who—

(a) (i) is a citizen of a foreign country, or a citizen of India and resides in any part of India, where consumption of alcoholic liquor is not generally prohibited by law ; or

(ii) is a citizen of a foreign country or is a citizen of India and resides in any part of India, where consumption of liquor is prohibited by law, but has been consuming such liquor under a permit or other authorization ; and

(b) visits the State for a period of not more than a week.

(2) Such permit shall be granted ordinarily for a period not exceeding one week at any one time ; but may be extended from time to time for further periods not exceeding one week at a time, so however that the total period shall not exceed in the aggregate one month.]

Where this provision sits

ActThe Gujarat Prohibition Act, 1949.
Section45
JurisdictionState of Gujarat
StatusIn force as published by the source

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