Permits

Section 40 of the Maharashtra Prohibition Act deals with permits. The [State] Government may, by rules or an order in writing authorize an officer to grant permits for the use or consumption of foreign liquor to person on the following conditions :- (a) that such person is not a minor; The Act was enacted on 20 May 1949.

(1) The ¹[State] Government may, by rules or an order in writing authorize an officer to grant permits for the use or consumption of foreign liquor to person on the following conditions :-

(a) that such person is not a minor;

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(c) (i) that such person was either born and brought up or domiciled in any country outside India where such liquor is being generally used or consumed;

or

(ii) that such person is on the Register of Foreigners under the Registration of Foreigners Act, 1939 (XVI of 1939), and is not domiciled in ³[India] :

Provided that, in the case of any person falling under sub-clause (i) or (ii)-

(a1) such person has been residing and intends to reside in India temporarily and that such person has a fixed and settled purpose of making his sole and permanent home in any country outside India; and

(b1) that such person has been ordinarily using or consuming such liquor

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(3) Such permits shall be granted for such quantities as may be prescribed.

⁵(4) If any question arises whether the conditions imposed by clause (a) or (c) of sub-section (1) are satisfied or not in any case, the State Government shall decide the question and its decision shall be final.

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Section 40, The Maharashtra Prohibition Act (Act 25 of 1949).