Section Text
section 37A] : Provided as follows :
(1) a license for sale in more than one district shall be granted only by the Excise Commissioner 9595. Words and figures subs. for the words and figures "section 191 of the Code of Criminal Procedure, 1898," by W.B. Act 38 of 1983, w.e.f. 1.4.74.96. Words subs. by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950. [or by a Collector specially authorized in that behalf by the Excise Commissioner]; 9696. Words "one year and shall also be liable to fine which may extend to two thousand rupees" first subs, for the words "six months, or to fine which may extend to one thousand rupees, or to both" by W.B. Act 34 of 1965, then the words' within third brackets subs. for the words "one year and shall also be liable to fine which may extend to two thousand rupees" by W.B. Act 38 of 1983.
(la) a license for sale granted under the Excise law in force in any other 9797. Words "the Board" rep. by Ben. Act 7 of 1914. [State] may, on such conditions as may be determined by the Excise Commissioner, be deemed to be a license granted under this Act ;
(2) a cultivator or owner of any hemp plant (Cannabis sativa) may sell, without a license, those portions of the plant from which an intoxicating drug can be manufactured or produced, to any person licensed under this Act to deal in the same, or to any officer whom the Excise Commissioner may authorize to purchase or receive the same ;
(3) no license shall be required for any of the following sales, namely :
(a) the sale of foreign liquor lawfully procured by any person for his private use when such sale is made by such person himself or on his behalf upon his quitting a station, or on behalf of his representatives in interest after his decease :
(b) the sale of tari, 9898. Word, figure and brackets ins. by W.B. Act 34 of 1965. [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 9999. Words subs. for the words "or transport" by W.B. Act 34 of 1965. [lawfully possessed and] intended to be used in the manufacture of gur or molasses, or (d) the sale of tari 9999. Words subs. for the words "or transport" by W.B. Act 34 of 1965. [lawfully possessed and] intended to be used in the manufacture of bread to a person hold- ing a permit to use tari for the purpose of making bread ; 11. Word subs. for the words "excisable article" by the Government of India (Adaptation of Indian Laws) Order, 1937. [or (e) the sale of tari lawfully possessed and intended to be used solely for the preparation of food for domestic consumption and not (i) 2(as an intoxicating article), or (ii) for the preparation of any intoxicating article, or (iii) for the preparation of any article for sale]. Adaptation of Indian Laws) Order, 1937. [Central Government] may in any case prescribe, no license for the manufacture or sale of liquor shall be granted, except with the previous consent of the Commanding Officer.