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State of Assam - Section

Section 18 in The Assam Excise Act, 1910

18. Prohibition of sale without licence and exceptions to such prohibitions.

(1)No intoxicant shall be sold except under the authority and in accordance with the terms and conditions of a licence granted by the authority prescribed in the rules framed under this Act:Provided as follows :
(1)on such conditions as may be determined by the Board, a licence for sale granted under the Excise Law in force in another Province may be deemed to be a licence granted under this Act;
(2)a person licensed to cultivate or collect plant from which an intoxicating drug is produced, may sell without a licence those portions of the plant from which the intoxicating drug is manufactured or produced, to any person licensed under this Act to deal in the same, or to any officer to whom the Excise Commissioner may prescribe;
(3)Nothing in this section applies to-
(a)the sale of foreign liquor lawfully procured by any person for his private use and sold by him or on his behalf or on behalf of his representative in interest upon his quitting a station or after his decease,
(b)the sale of tari lawfully possessed by a person in possession of the tree from which it was drawn to a person licensed under this Act to manufacture or sell tari,
(c)the sale of tari lawfully possessed and intended to be used solely for the manufacture of gur or molasses,
(d)the sale of tari lawfully possessed and intended to be used solely for the preparation of food for domestic consumption, and not as an intoxicant or for the preparation of any intoxicating article for sale, and
(e)the sale of tari lawfully possessed and intended to be used in the manufacture of bread to a person holding a permit to use tari for the purpose of making bread.
(2)Any club which has transactions with its members in respect of foreign liquor, shall be deemed to be conducting retail sales and shall be required to take out a licence under this Act on payment of such fees and subject to such restrictions and on such conditions as the State Government may prescribe.