Penalty for misconduct of licensees, etc

(1) Whoever being the holder of a licence or permit granted or issued under this Act or being in the employ of such holder and acting on his behalf,- (a) fails to produce such licence or permit on demand by any excise officer or any other officer duly empowered to make such demand; or (b) wilfully does or omits to do anything in breach of any of the conditions of his licence or permit not otherwise provided in this Act; or (c) wilfully contravenes any rule made under this Act; or (d) permits drunkenness, disorderly conduct, riot or gaming in any place wherein any intoxicant is sold or manufactured; or (e) permits or suffers persons whom he knows or has reason to believe to have been convicted of any non-bailable offence, or who are reputed prostitutes or habitual offenders, to resort to, or assemble or remain in or on the premises where any excisable article is sold or manufactured; or (f) sells any intoxicant to a person who is drunk; or (g) sells or gives any intoxicant to any 3[person apparently under twenty one years of age or permits or suffers such person] to . Substituted by the Act No. 4 of 2020, S.2 . Substituted by the Act No. 17 of 2020, S.3 . Substituted by the Act No. 4 of 1994, S.4 remain in or on the premises where any excisable article is sold or manufactured; or (h) in contravention of section 19 employs or permits to be employed on any part of his licensed premises referred to in that section any child or person suffering from leprosy or other contagious disease, shall on conviction, be punished - (i) in the case of an offence falling under clause (a), clause (b) or clause (c), with imprisonment for a term which shall not be less than six months but which shall not exceed two years and with fine which may extend to one thousand rupees 1[and in respect of holder of a bar license, the fine shall not be less than two times of license fee]; (ii) in any other case, with imprisonment which may extend to three months or with fine which may extend to five hundred rupees, or with both. (2) Where any holder of a licence or permit under this Act or any person in his employ or acting on his behalf is charged with permitting drunkenness on the premises of such holder, and it is proved that any person was drunk on such premises, it shall lie on the person charged to prove that the holder of the licence and the persons employed by him took all reasonable steps for preventing drunkenness on such premises.

1. (a) fails to produce such licence or permit on demand by any excise officer or any other officer duly empowered to make such demand; or
2. (b) wilfully does or omits to do anything in breach of any of the conditions of his licence or permit not otherwise provided in this Act; or
3. (c) wilfully contravenes any rule made under this Act; or
4. (d) permits drunkenness, disorderly conduct, riot or gaming in any place wherein any intoxicant is sold or manufactured; or
5. (e) permits or suffers persons whom he knows or has reason to believe to have been convicted of any non-bailable offence, or who are reputed prostitutes or habitual offenders, to resort to, or assemble or remain in or on the premises where any excisable article is sold or manufactured; or
6. (f) sells any intoxicant to a person who is drunk; or
7. (g) sells or gives any intoxicant to any 3[person apparently under twenty one years of age or permits or suffers such person] to

remain in or on the premises where any excisable article is sold or manufactured; or

1. (h) in contravention of section 19 employs or permits to be employed on any part of his licensed premises referred to in that section any child or person suffering from leprosy or other contagious disease, shall on conviction, be punished -
   • (i) in the case of an offence falling under clause (a), clause
2. (b) or clause (c), with imprisonment for a term which shall not be less than six months but which shall not exceed two years and with fine which may extend to one thousand rupees 1[and in respect of holder of a bar license, the fine shall not be less than two times of license fee];
   • (ii) in any other case, with imprisonment which may extend to three months or with fine which may extend to five hundred rupees, or with both.

1. (2) Where any holder of a licence or permit under this Act or any person in his employ or acting on his behalf is charged with permitting drunkenness on the premises of such holder, and it is proved that any person was drunk on such premises, it shall lie on the person charged to prove that the holder of the licence and the persons employed by him took all reasonable steps for preventing drunkenness on such premises.