51. Penalty for certain unlawful acts of licensed vendors or their servants.
(1)If any licensed vendor, or any person in his employ and acting on his behalf-(a)[ employs or permits to be employed, in any part of his licensed premises referred to in section 25, any woman or other person in contravention of that section; or] [Clause (a) substituted by section 36(1) of the Bengal Excise (Amendment) Act, 1965 (West Bengal Act 39 of 1965).](b)sells any [intoxicant] [Substituted by paragraph 3 of, and Schedule IV to, the Government of India (Adaptation of Indian Laws) Order. 1937 for the words excisable article.] to a person who is drunk or intoxicated; or(c)sells or delivers any spirit or intoxicating drug to any [person] [Substituted by section 36(2)(a) of the Bengal Excise (Amendment) Act, 1965 (West Bengal Act 39 of 1965) for the word Child.] apparently under the age of [twenty-one years,] [Substituted by section 36(2)(b), ibid for the words sixteen years, which were earlier substituted by section 2 of the Bengal Excise (Amendment) Act, 1922 (Bengal Act No. 7 of 1922) for the words fourteen yearSection] whether for consumption by such [person] [Substituted by Section 36(2)(a) of the Bengal Excise (Amendment) Act, 1965 (West Bengal Act 39 of 1965) For the word child] or by any other person. and whether for consumption on or off the premises of such vendor; or(d)permits drunkenness, intoxication, disorderly conduct or gaming on the premises of such vendor; or(e)permits any persons whom he knows, or has reason to believe, to have been convicted of any non-bailable offence, or who are reputed prostitutes, to meet, or any such. person to remain, on the premises of such vendor, whether for the purposes of crime or prostitution or not, he shall be liable to [imprisonment for a term which may extend to [two years] [Substituted by section 36(3) of the Bengal Excise (Amendment) Act, 1965 (West Bengal Act 39 of 1965) for the words fine which may extend to five hundred rupeeSection] or to fine which may extend to [ten thousand rupees] [Substituted by section 9(2), ibid for the words two thousand rupeeSection] or to both.](2)When any licensed vendor, or any person in his employ and acting on his behalf, is charged with permitting drunkenness or intoxication on the premises of such vendor, and it is proved that any person was drunk or intoxicated on such premises, it shall lie on the person charged to prove that the vendor and the persons employed by him took all reasonable steps for preventing drunkenness or intoxication on such premises
