Prohibition of import, export, transport, possession or consumption of intoxicants

Section 37A of the United Provinces Excise Act 1910 deals with prohibition of import, export, transport, possession or consumption of intoxicants. [37-A. (1) Subject to the provisions in sub-section (4), the import or export of any intoxicating into or from Uttar Pradesh or any part thereof or the transport of any intoxicant shall be prohibited. The Act came into force on 24 Feb 1910.

¹[37-A.

(1) Subject to the provisions in sub-section (4), the import or export of any intoxicating into or from Uttar Pradesh or any part thereof or the transport of any intoxicant shall be prohibited.

(2) Notwithstanding anything contained in section 20, but subject to the provision of sub-section (4), the possession or consumption by any person or class of persons or subject to such exceptions, if any, as may be specified, by all persons in Uttar Pradesh or in any specified area or areas thereof, of any intoxicant shall absolutely or subject to such conditions as may be specified, be prohibited.

(3) In pursuance of the policy of gradual extension of prohibition in the State and having regard to the administrative convenience, the State Government may from time to time select different areas in that behalf after taking into account any one or more of the following factors, namely :

(a) the character of an area as

(i) the seat of Government ; or

(ii) a seat of learning ; or

(iii) a place of pilgrimage or of religious importance ; or

(iv) hill area ; or

(v) an industrial area ; or

(vi) contiguous to dry area ; or

²[(vii) inhabited by Scheduled Castes or Scheduled Tribes ; or

(b) the general economic condition of the local population, including their level of nutrition and standard of living ; or

(c) the local public opinion ; or

(d) any other relevant factor which in the opinion of the State Government is material in the public interest ;

Provided that nothing in this sub-section shall be construed to require the State Government to recite in its order, the considerations on the basis of which a particular area is selected at any time for the enforcement of prohibition.

(4) Subject to the provisions of sub-section (3), the area to which the prohibition on import, export or transport of any intoxicant under sub-section (1) and on possession or consumption of any intoxicant under sub-section (2) extends and the date on which the prohibition in any area comes into force, shall be such as the State Government may, from time to time, specify by notification.

(5) Notwithstanding anything contained in sub-section (4), in relation to any prohibition area, the State Government may, either by rules on by general or special order make any exemption or relaxation in respect of the possession, consumption, import, export or transport of the intoxicants mentioned in the notification under sub-section (4) or any of such intoxicant by or for purposes of

(a) member of defense services ;

(b) foreigners visiting or residing in the prohibition area ;

(c) travellers through the prohibition area ;

(d) district hospitals or medical colleges requiring any intoxicant for medicinal purposes ;

(e) persons holding licenses under sections 17, 18. 21 and 24 ;

(f) consignment from, to, or passing through the prohibition area by rail, road or air ;

(g) industrial, scientific, educational, medical or religious purposes.

(6) In relation to any exemption or relaxation that may be made under sub-section (5), the State Government may either by rules or by general or special order, provide for the grant of pass or permit by such authority as may be specified.

(7) Upon the issue of a notification referred to in sub-section (4), the authority granting a license under this Act may in so far as it relates to a a prohibition area cancel it forthwith without notice, and it shall thereupon remit a sum equal to the amount of the fee payable in respect of the unexpired period of the license, and refund any fee paid in advance or deposit made by the licensee in respect thereof, less the] amount, if any, due to the State Government, but no compensation shall in respect of such cancellation be payable to the licensee, anything contained in section 35 notwithstanding.

(8) Where any license is cancelled under sub-section (7) the licensee shall dispose of the intoxicants in his possession in such manner as the State Government or the Excise Commissioner may by general or special order direct ;

Provided that no act done or omission taking place during the period commencing on May 1, 1972 and ending with June 25, 1978 which would not be an offence but for such substitution shall constitute an offence punishable under the principal Act.]

Section 37A, The United Provinces Excise Act 1910 (Act 4 of 1910).