40. [Temporary resident's permits. [This marginal note was substituted for the original by Gujarat 9 of 1978, Section 5(b).]
(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.](3)Such permits shall be granted for such quantities as may be prescribed.(4)[ If any question arises whether the conditions imposed by clause (a) or (c) of subsection (1) are satisfied or not in any case, the State Government shall decide the question and its decision shall be final.] [Sub-section (4) was added by Bombay 26 of 1952, Section 16(2).]][***] [The explanation was deleted, by Bombay 26 of 1952, Section 16(3).]
