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State of Bihar - Section

Section 47 in Bihar and Orissa Excise Rules, 1919

47.

(1)No shop shall be licensed for the consumption of liquor on the vendor's premises-
(a)in a market-place, or
(b)at the entrance to a market place, or
(c)[ In a Municipal or Corporation area within a distance of 50 metres and in other areas, within a distance of 100 meters of a bathing ghat, educational institution, hospital, religious institution, factory, petrol pump, Railway Station, railway yard, Bus station, harijan or labour colony, [National Highway or State Highway] [Substituted by S.O. 156 dated 15.3.1991] or other places of public resort or any other place considered necessary.]
[Note. - The restrictions about the distance from petrol pump imposed shall not apply to licences granted to Independent beer Bars, for consumption of beer on the premises.] [Inserted by G.S.R. 15 dated 25.2.1993.]
(d)In the congested portion of a village:
Provided that the restriction imposed by this sub-rule shall not apply to foreign liquor licences granted to hotels and restaurants for consumption on the premises.[Explanation. -
(i)"educational institution" means any pre-primary, primary or secondary school, managed or recognised by any local authority of the State Government or the Central Government or any College affiliated to any University established by law, but does not include any private coaching institution;
(ii)"religious institution" means any institution for the promotion of any religion and include a temple, math, mosque, church, synagogue, or other place of public religious worship which is managed or owned by a public trust registered under the relevant Acts and includes such other religious institution as the State Government may by order specify in this behalf;
(iii)the distance referred to in clause (c) shall be measured from the midpoint of the entrance of the shop along the nearest path by which a pedestrian ordinarily reaches,
(a)the mid-point of the nearest gate of the institution, if there is a compound wall, and, if there is no compound wall, the mid point of the nearest entrance of the institution, or
(b)the mid-point of the nearest gate of places other than educational institution and religious institution, if there is a compound wall, and, if there is no compound wall, the nearest point of the boundary of such places.
(2)Any shop in respect of which a licence has been granted, shall not be deemed to be situated within the prohibited distance referred to in sub-clause (c) of clause (1) if at any time, after such licence is granted, any institution or place referred to in that sub-clause comes into existence within a distance of fifty metres or as the case may be one hundred metres, from that shop, during the currency of that licence.
(3)In areas inhibited by aboriginal tribes, country spirit shops shall not be licenced to be placed immediately on the side of a main road or in any other prominent position that may place temptation in the way of the aborigines:Provided that the restriction imposed by this sub-rule shall not apply to foreign liquors licences granted to hotels and restaurants for consumption on the premises.] [Inserted by S.O. 156 dated 15.3.1991.]