38. Penalty for certain unlawful acts of licensed vendors.
(1)A licensed vendor or any person in his employ and acting on his behalf who -(a)sell any intoxicant to a person who is drunk or intoxicated; or(b)sells or gives any intoxicant to any person in contravention of Section 23; or(c)in contravention of Section 22 employees or permits to be employed on any part of his licensed premises referred to in that section any male person or woman; or(d)permits drunkenness, intoxication, disorderly conduct, dancing, singing, playing of music or gaming on the licensed premises of such vendor; or(e)permits persons whom he knows or has reason to believe to have been convicted of any non-bailable offence, or who are prostitutes, to resort to or assemble on the licensed premises of such vendor whether for the purposes of crime or prostitution or not;shall be punishable with fine which shall not be less than one hundred rupees but which may extend to two thousand rupees.(2)Where any licensed vendor, or any person in his employ and acting on his behalf, is changed with permitting drunkenness on the premises of such vendor, and it is proved that any person/was drunk on such premises, the burden shall lie on the person charged to prove that the licensed vendor and the persons employed by him took all reasonable steps for preventing drunkenness on such premises.
