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Section 40

Permits.

The Maharashtra Prohibition Act
(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;

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(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 (XVI of 1939), and is not domiciled in 3[India] :

Provided that, in the case of any person falling under sub-clause (i) or (ii)-

(a1) 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

(b1) that such person has been ordinarily using or consuming such liquor

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(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.

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1 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

2 Clause (b) was deleted by Bom. 26 of 1952, s. 16 (1).

3 This word was substituted for the words "the Dominion of India" by the Adaptation of Laws Order, 1950.

4 Sub-section (2) was deleted by Bom. 22 of 1960, s. 23.

5 Sub-section (4) was added by Bom. 26 of 1952, s. 16 (2).

6 The Explanation was deleted by Bom. 26 of 1952, s. 16 (3)