Sale of excisable articles without licence prohibited

(1) No intoxicant shall be sold except under the authority and subject to the terms and conditions of a licence granted in that behalf: Provided that, subject to such restrictions and conditions as the Excise Commissioner may by general or special order specify: --- (a) a person having the right to the toddy drawn from any tree may sell such toddy without a licence to a person licensed to manufacture or sell toddy under this Act; (b) a cultivator or owner of any plant from which an intoxicating drug is produced may sell without a licence those portions of the plant from which the intoxicating drug is manufactured or produced, to any person licensed under this Act to sell, manufacture or export the intoxicating drug or to any officer, whom the Excise Commissioner may generally or specially authorise. (2) A licence for sale under sub-section (1), shall be granted --- (a) by the Deputy Commissioner, if the sale is in an area within his jurisdiction, or (b) by the Excise commissioner, if the sale is in an area within the jurisdiction, of more than one Deputy Commissioner: Provided that subject to such conditions as may be determined by the Excise Commissioner, a licence for sale granted under the Excise law in force in any other part of India may be deemed to be a licence granted under this Act.