The Maharashtra Prohibition Act 1949
Section 40 :
Permits :
(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;
(b) 2.[*]
(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, and is not domiciled in 3.[India]:
Provided that, in the case of any person falling under sub-clause (i) or (ii) -
(al) 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
(bl) that such person has been ordinarily using or consuming such liquor
(2) 4.[*]
(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.
6.[***]
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1. Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.
2. Deleted by Bombay 26 of 1952, Section 16(1).
3. Substituted for the words 'the Dominition of India' by the Adaptation of Laws Order, 1950.
4. Deleted by Bombay 22 of 1960, Section 23.
5. Inserted by Bombay 26 of 1952, Section 16(2).
6. Deleted by Bombay 26 of 1952, Section 16(3).
Prior to Bombay Prohibition Act 1949.
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