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[Cites 0, Cited by 0] [Section 40] [Entire Act]

State of Gujarat - Subsection

Section 40(1) in Gujarat Prohibition Act, 1949

(1)The [State] [This portion was substituted for the words beginning with the words 'in the notification' and ending with the word 'canteens' by Bombay 26 of 1952, section 15(1).] Government may, by rules or an order in writing, authorize an officer to grant [a temporary resident permit] [These words were substituted for the word 'permit' by Gujarat 9 of 1978, Section 5(a).] for the use or consumption of foreign liquor to person on the following conditions
(a)that such person is not a minor
[***] [Clause (b) was deleted by Bombay 26 of 1952, Section 16(1).]
(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 [India] [This word was substituted for the words the 'the Dominion of India' by the Adaptation of Laws Order, 1950.]
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.
[***] [Sub-section (2) was deleted by Bombay 22 of 1960, section 23.]