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Section 38: Penalty for certain unlawful acts of l icensed vendors

MP Excise ActState Act of Madhya Pradesh · Act 11 of 1915

(1) A licensed vendor or any person in his employ and acting on his behalf who -.—

(a) sells any intoxicant to a person who is drunk or intoxicated; or

(b) sells or gives any intoxicant to any person in contrave ntion of Section 23; or

(c) in contravention of Section 22 employs or permits to be employed on any part of his l icensed premises referred to in that section any male person or woman; or

(d) permits drunkenness, intoxication, disorderly conduct, dancing, singing, playing of music or gaming on the l icensed pre mises of such vendor; or

(e) permits persons whom he knows or has reason to believe to have been convicted of any non-bailable offence, or who are prosti tutes, to resort to or assemble on the l icensed premises of such vendor whether for the purposes of crime or prosti tution or not;

shall be punishable with fine which shall not be less than one hundred rupees but which may extend to two thousand rupees.

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(2) Where any l icensed vendor, or any person in his employ and acting on his behalf , is charged with permitt ing drunkenness on the premises of such vendor and i t is proved that any person was drunk on such premises, the burden shall l ie on the person charged to prove that the l icensed vendor and the persons employed by him took all reasonable steps for preventing d runkenness on such premises.

38-A. Penalty on l icensed manufacturer or vendor of intoxicants for mixing or permitting to be mixed with such articles any noxious drug or any foreign ingredient or any diluting or colouring substance. — If a l icensed manufacturer or l icensed vendor or any person in his employ and acting on his behalf , mixes or permits to be mixed, with any intoxicant manufactured, sold or kept or exposed for sale by him, any noxious drug, or any foreign ingredient in the l icence, o r has in possession any intoxicant in respect of which such admixture has been made, he shall be punishable with imprisonment which shall not be less than one month but which may extend to one year or with fine which shall not be less than three hundred rupees but which may extend to two thousand rupees or with both.

Where this provision sits

ActMP Excise Act
Section38
Marginal notePenalty for certain unlawful acts of l icensed vendors
JurisdictionState of Madhya Pradesh
StatusIn force as published by the source

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