BE Act 20Chapter IV · Manufacture, Possession and Sale

Section 20 · Licence required for sale

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- No intoxicant and no portion of the hemp plant from which an intoxicating drug can be manufactured or produced shall be sold except under the authority and subject to the terms and conditions of a licence granted in that behalf by the Collector:Provided as follows:-

(1)

a licence for sale in more than one district shall be granted only by the Excise Commissioner or by a Collector specially authorised in that behalf by the Excise Commissioner.

(2)

a licence for sale granted under the Excise law in force in any other State may, on such conditions as may be determined by the Excise Commissioner, be deemed to be a licence granted under this Act.

(3)

a cultivator or owner of any hemp plant may sell, without a licence, those portions of the plant from which an intoxicating drug can be manufactured or produced to any person licenced under this Act to deal in the same or to any officer whom the Excise Commissioner may authorise to purchase or receive the same.

(4)

No licence 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 sate is made by such person himself or on his behalf upon his quitting a station, or on behalf of his representative in interest 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 in the manufacture of gur or molasses; or

(d)

the sale of tari lawfully possessed and intended to be used solely for the preparation of food for domestic consumption, and not -
(i)as an intoxicant, or
(ii)for the preparation of any intoxicating article, or
(iii)for the preparation of any article for sale; or

(e)

the sale of tari lawfully possessed, intended to be used in the manufacture of bread, to a person holding a permit to use tari for the purpose of making bread.

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