The Bihar Prohibition Act, 1938
Chapter IV Chapter IV
Chapter IV Chapter IV
28. Power to notify exemptions
(1) The Governor may, by notification and subject to such conditions as may be specified in such notification, exempt tari or any specified liquor or intoxicating drug or article containing such liquor or drug from the observance of all or any of the provisions of this Act, on the ground that such liquor, drug or article is required for a medicinal, scientific, industrial or such like purpose. (2) When issuing a notification under sub-section (1), the Governor shall have power to provide that a breach of any of the conditions subject to which the exemption is granted shall be punishable with imprisonment of either description which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Chapter IV Chapter IV
29. Exemption of bonafide travellers and lawful consignments
Until the Governor by notification otherwise directs, the provisions of this Act, shall not apply - (a) to liquor or intoxicating drugs in the possession of bonafide travelers coming from an area in which this Act, is not in force and going to an area in which this Act, is not in force while such travelers are passing through any area in which this Act, is in force, if such liquor or intoxicating drugs are intended for the personal use of such travelers; Provided that a person shall not be deemed to be a traveler for the purposes of this clause if he remains in an area in which this Act is in force for a period exceeding forty-eight hours exclusive of the time taken in travelling through such area; and (b) to lawful consignments of liquor or intoxicating drugs carried by a railway administration or by any steamer, ferry or other means of transport through or into any area in which this Act, is in force.
Chapter IV Chapter IV
30. License for bonafide medicinal or other purposes
The Provincial Government or, subject to the control of the Provincial Government, the Collector may issue licenses to any person or in respect of any institution, whether under the management of Government or not, for the manufacture, export, import, transport, sale or possession of any liquor, intoxicating drug or article containing such liquor or drug, on the ground that such liquor, drug or article is required by such person or in respect of such institution for a bonafide medicinal, scientific, industrial or such like purpose: Provided that when any liquor, intoxicating drug or article containing such liquor or drug has been obtained by any person for a bonafide medicinal purpose from any person or institution licensed to sell the same under this section, it shall not be necessary for such person to obtain a license for the possession of the same.
Chapter IV Chapter IV
31. License for tapping for talras
(1) Subject to the control of the Provincial Government, the Collector or any officer empowered by him may grant – (a) license for the tapping of any Palmyra or date palm tree for juice intended be used as talras or for the manufacture of gur; or (b) Permits for the possession, transport or sale of talras. (2) When a permit is granted under clause (b) of sub-section (1) for the sale of talras, any person may consume talras sold in accordance with such permit at the place specified in such permit.
Chapter IV Chapter IV
32. Permits and license
The Provincial Government or any officer empowered by them in this behalf may grant- (a) permits authorizing any person to consume and possess for personal consumption any liquor or intoxicating drug; (b) licences to any institution to possess liquor and issue it to such of its members as hold permits under clause (a); and (c) licences to any person in charge of restaurants attached to a railway train, steamer or ferry to possess liquor and serve it to bonafide passenger travelling by such train, steamer or ferry.
Chapter IV Chapter IV
33. Exemption of liquor required for religious purposes
The Provincial Government may, by notification, declare that liquor or intoxication drug required by persons other than Musalmans for bonafide religious purposes to be specified in such notification shall be exempt from all or any of the provisions of this Act, subject to such conditions and restrictions as may be specified in such notification.
Chapter IV Chapter IV
34. Exemption in case of Christians on religious grounds
The privisions of this Act, shall not apply to the brewing, possession or use of wine by Roman Catholics and members of the Church of England for the purposes of mass and Holy Communication in such quantity, to such an extent and under such condition as may be prescribed by the Provincial Government.
Chapter IV Chapter IV
35. Form and conditions of licences and permits
Every licence or permit granted under section 30, 31 or 32 shall- (1) be granted on payment of such fees, if any, for such period, and subject to such restriction and limitations and on such conditions. (2) be in such form and contain such particulars, as the Provincial Government may direct either generally or in any particular case.
Chapter IV Chapter IV
36. Power to cancel or suspend licences and permits
(1) The Collector may cancel or suspend any licence or permit granted under sections 30, 31 or 32- (a) If any fee payable by the holder thereof is not duly paid; or (b) In the event of any breach by the holder of such licence or permit or by his servants or by any one acting with his express or implied permission on his behalf, or any one of the terms or conditions of such licence or permit; or (c) If the holder thereof is convicted of any offence against this Act, or of any cognizable and non-boilable offence; or (d) If the conditions of such licence or permit provide for its cancellation or suspension at will; or (e) If the purpose for which the license or permit is granted ceases to exist. (2) The Provincial Government may cancel or suspend any such license or permit without assigning any reasons.
Chapter IV Chapter IV
37. Penalty for breach of the conditions of licence and permits
In the event of any breach by the holder of any licence or permit granted under sections 30, 31 or 32 or by his servants or by any one acting with his express or implied permission on his behalf, of any or the terms or conditions of such licence or permit, such holder shall, in addition to the cancellation or suspension of the licence or permit granted to him, be punishable with imprisonment of either description which may extend to six months, or with fine which may extend to one thousand rupees, or with both, unless he shall establish that all due and reasonable precautions were exercised by him to prevent any such breach. Any person who commits any such breach shall, whether he acts, with/without the permission of the holder of the licence or permit, be liable to the same punishment.
PDF: pending for this language.