PUNJAB INTOXICANTS LICENSE AND SALE ORDERS

GOVERNMENT OF THE PUNJAB

EXCISE AND TAXATION DEPARTMENT

THE PUNJAB INTOXICANTS LICENSE AND SALE ORDERS.

NOTIFICATION

[30^th June 2003]

A                Limit of Retail Possession.

4.1 The Punjab Government is pleased to declare with respect of the whole of the Punjab that the maximum quantities of intoxicants specified below, which for the purposes of the Punjab

Excise Act may be sold by retail, shall be as follows: -

(1)             One hold imperial gallon or three reputed quart bottles of foreign liquor and two imperial gallons or twelve reputed quart bottles of beer.

(2)             Country spirit 11/3 imperial pints or one reputed quart bottle.

(3)             Country formented liquor 5-1/3 imperial pints or four-reputed quart bottles.

(4)             Bhang or any preparation or admixture thereof half a seer.

(5)             Charas or any preparation or admixture there nil.

(6)             Rectified spirit-2/3^rd of one imperial pint or one reputed pint, except in case of bottled rectified spirit imported from overseas, for which the limit is 4/5 imperial pint i.e. 16 ounces.

(7)             Denatured spirit-one imperial gallon.

(8)             Methyl Alcohol /Methanol – one imperial gallon].

B                 Periods for which licenses may be granted.

4.2 Licenses for the vend by wholesale and retail of any intoxicant may only be given or a period of one year from the IST of July, to the 30^th June, provided: -

(a)             a license may be given from any date to the 30th June following: -

(b)             the Excise Commissioner may sanction shorter period for such license or classes of licenses as he thinks fit.

(c)              The Board of Revenue may by general or special order direct that any license or class of licenses of which the fees are not fixed by auction or tender shall be granted for any period upto three years.

(d)             Temporary licenses may be given to provide for the sale of liquor on special occasions in such cases and on such occasions as the Board of Revenue may prescribe.

4.3 All licenses other than temporary licenses, shall unless it is otherwise provided, determine on the 30^th of June, next following the grant.

C                 Localities for which licenses may be granted

4.4            Shops may be licensed for the sale of liquor and drugs, in only such villages and in such wards or quarters of towns as the Excise Commissioner shall subject to the control of the Provincial Government, from time to time direct.

4.5            No license for the sale of liquor or drugs may be given unless either there is an ascertained demand for such liquor or drugs in the locality concerned, or it is granted to counter-act the illicit supply of liquor or drugs in the locality, nor in the case of liquor licenses for on consumption without the inquiry prescribed by paragraph 4.9 to 4.16 of these orders.

4.6            No shop for the sale of liquor or drugs may be located within three miles of the boundary of any Pakistani State without the special sanction of the provincial Government in each case. Such sanction may only be given for adequate and particular reasons after consultation with the authorities of the state concerned.

D                Number of Licenses.

4.7 The number of liquor and drug shops, which may be licenses in any local area, shall be the number which the Excise Commissioner subject to the control of the Provincial Government considers necessary to meet the reasonable requirements of the population. Shops will neither be so spares as to give the licensee of any one shop a practical monopoly n a particular area, nor so numerous as to provoke excessive competition.

E                 Persons to whom licenses may not be granted.

4.8       A license for the vend of liquor or drugs may not be given: -

(a)             to any person who has been finally convicted of any non-bail able offence by a criminal court;

(b)             to any person, whether a former licensee or not, who has been convicted, or reasonably suspected of committing or conniving at the commission of any offence under the Excise or Opium Act or the West Pakistan Prohibition of Opium Smoking

Ordinance as applicable to Punjab or the Dangerous Drugs Act;

(c)              to any person who holds, either directly or through an agent, an excise or opium license in a Pakistani State; or

(d)             to any person, who has held a license in the Punjab for the sale of any intoxicant, has had that license cancelled for failing to pay his license fees, and has subsequently not paid the arrears demanded, unless he has been especially exempted by an order of the Excise Commissioner.

Provided that the prohibition in clause(c) does not apply to persons holding licenses in Pakistani States for the vend of foreign liquor only.

F                 Produce to be followed a matters to be ascertained before any license is granted for the wholesale or retail vend of liquor.

4.9            Whenever it is proposed to grant a license for the wholesale or retail vend of liquor in any premises which were not licensed in the preceding year, the Collector shall take all reasonable steps to ascertain the opinion of persons who reside or have property in the neighborhood and are likely to be affected by the proposal.

4.10         The Collector shall paste a notice of the proposal at or near the site proposed for the new license, and shall cause the proposal to be made known in the neighborhood by beat of drum.

4.11         If the proposed premises are in municipal area or small town, the Collector shall lay the proposal, in writing, before the committee of the Municipality, notified area, or small town; if in a rural area, before the district board.

4.12         The Collector shall also ask for the opinion of the superintendent of Police.

4.13         If the size of the proposed license is near a Railway Station, or any large factory, mill or workshop, the Collector shall ask for the opinion of the Railway Authorities or commercial firms concerned.

4.14         If any objection is preferred to the proposal within two months from the date of the notice and reference referred to in paragraphs 4.10 and 4.11 of these orders, the Collector, or a gazetted officer deputed by him, shall enquire into it. The inquiry will, if possible, be made on the spot. If it is not possible to make an inquiry on the spot, an enquiry will be made in a formal proceeding at which evidence tendered for or against the proposal will be recorded. The date and place of the inquiry will be published in the notice prescribed above.

4.15         The final report, together with the opinion of the committee of the local body concerned (provided this opinion is furnished with ten weeks from the date of the reference mentioned in order 4.11 of these orders), will be forwarded by the Collector through the Commissioner for the order of the Excise Commissioner.

4.16         The procedure laid down in order 4.9 to 4.15 of these orders is subject to and may be restricted by the exercise of their powers under the Punjab Local Option Act by the local bodies empowered under section 3 of that Act, and nothing in these orders authorizes any action which conflicts with the exercise of such powers.

G                Rules prohibiting the sale of liquor to certain persons and classes of persons.

4.17     A licensee shall not sell liquor: -

(1)             to any soldier to the rank of in uniform, or, when not in uniform, if the licensee knows, or reason to believe, that he is a soldier of that rank;

(2)             to any person whom the licensee knows, or has reason to believe, be a member of the family of soldier mentioned in clause (1);

(3)             to any person whom the licensee know, or has reason to believe, to be a follower

(the term “follower” meaning a person enrolled but no attested under the Pakistan

Army Act);

Provided: -

(a)             that in premises specially approved for this purpose by the Collector such liquor as the Collector may approve (by specification in the license of the vendor) may be sold to any such soldier member of family or followers. In granting approval under the proviso the Collector shall act in consultation with the local military Commander;

(b)             the Board of Revenue may be general or special;

(c)              that at any railway refreshment room or dak bungalow and in any railway

dining car: -

(i)               troops and followers under the command of an officer may be

supplied, subject to the consent of the said officer; and

(ii)             soldiers and their families traveling in small parties not under the command of an officer may be supplied with a reasonable quantity; and

(d) that the restrictions laid down in sub clauses (1), (2) and (3) of this order shall not apply to the sale of liquor to Pakistani soldier or a member of his family or a follower when he is absent on leave from his regiment;

(4)             to any person whom he know, or has reason to believe to be a policeman, excise officer or railway servant on duty; or

(5)             to any person in the custody or under the escort of the Police, or

(6)             to any person who is in a state of intoxication; or

(7)             to any insane person.

H                Rules prohibiting the employment by any license-holder of certain persons, and classes of persons, to assist in his business.

4.18 No licensee shall employ to assist him in his business, in any capacity whatsoever any person suffering from an infectious or contagious disease.

Notification No. 2002-2003/316-EX(P)I, dated 30^th June, 2003.