KARNATAKA PROHIBITION (ISSUE OF TOURISTS' PERMITS) RULES, 1963

 

PREAMBLE

In exercise of the powers conferred by Section 124 of the Karnataka Prohibition Act, 1961 (Karnataka Act 17 of 1962) read with Section 37 of the said Act and in supersession of all rules, notifications arid orders on the subject made or issued under any enactment repealed by sub-section (i) of Section 129 of the said Act, the Government of Karnataka hereby makes the following rules, the same having been published as required by sub-section (3) of Section 124 of the said Act.

Rule - 1. Title and commencement.

(1)     These rules may be called the Karnataka Prohibition (Issue of Tourists' Permits) Rules, 1963.

(2)     They shall come into force at once.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires.--

(a)     "Act" means the Karnataka Prohibition Act, 1961;

(b)     "Form" means a form appended to these Rules;

(c)     "Government" means the State Government;

(d)     "Permit" means permit granted under these Rules;

(e)     "Permit holder" means a tourist to whom a permit is granted under these rules;

(f)      "Section" means section of the Act;

[1][(g) "Touris" xxxxx.]

Rule - 3. Application.

Any tourist desiring to obtain a tourist permit shall make an application in Form A.

Rule - 4. Grant of permit.

On receipt of an application under Rule 3, the Government or the Deputy Commissioner, as the case may be, may grant to the applicant a permit in Form B.

Rule - 5. Conditions of Permit.

The permit shall be subject to the following conditions.--

(1)     The permit shall be valid for the period of the tourist's intended stay, or a period of three months, whichever is less.

(2)     The permit holder shall obtain liquor only from a licensed dealer and shall produce the permit before such dealer who shall make an endorsement thereon showing the particulars and quantity of liquor issued and the date of such issue.

(3)     The quantity of liquor that may be possessed or purchased under the permit shall not exceed two units at any time or four units in the aggregate during a month.

(4)     The permit shall accompany the whole or any part of the stock of liquor held under the permit to any place where it is removed from the permit holder's residence.

(5)     The permit holder shall not use liquor except for personal consumption or for entertaining persons holding liquor permits.

(6)     The permit holder shall not use or consume liquor in a public place or in the rooms of a hotel or institutions to which the public may have access.

(7)     The permit is liable to be cancelled or suspended under Sections 45 and 47.

 

FORM 'A'

To

Application form for Liquor Permit for Foreign Tourists to possess, carry, consume and Buy for personal use bottled Foreign Liquor or Indian made Foreign Spirits.

(1)     Name (Mr./Mrs./Miss) (Block letters)

(2)     Permanent address

(3)     Age of the applicant

(4)     Nationality

(5)     Passport No........date of issue.......place of issue......

(6)     Visa No........for India issued on.........at........valid for........

(7)     Date of arrival in India

(8)     Expected duration of stay

(9)     Will you be staying in any single State in India for more than 30 days? -If so, please indicate details.

I certify that the above information is correct.

Place........

Date.........

Signature of the applicant.

[2][1. For purposes of issuing Liquor Permits for Foreign Tourists, a "tourist'' means a person who is not a citizen of India and who is either born or brought up or domiciled in any country outside India, but who visits India on a tour for a temporary period.]

2.     The permit is issued free of charge.

3.     Apply on separate form for husband/wife.

4.     One Unit 1 bottle of spirits; or

3 bottles of Wine; or

9 bottles of fermented liquors of strength exceeding 2 per cent of alcohol by volume; or

27 bottles of fermented liquors of a strength not exceeding 2 per cent of alcohol by volume.

("bottle" holds one quart or two pints)

For office use only.

Issued Permit No.

 

FORM 'B'

Liquor Permit for Foreign Tourists*

Mr.--

Mrs.--

Miss.--

(hereinafter called "the permit holder") holding Passport No..........issued on (date of issue)......at (place of issue)........and residing permanently at...........is hereby granted a permit authorising him/her to buy, possess, transport, use and consume bottles liquor while touring in any of the territories of India given in the annexure where prohibition is in force (hereinafter referred to as "the said territories") during the period from**.......to.......(both days inclusive), provided his/her continued stay in any single State is not more than thirty days at a time and subject to the following conditions to be observed by him/her.--

[3][1. A foreign tourist means a person, who is not a citizen of India and who is either born or brought up or domiciled in any country outside India, but who visits India on a tour for a temporary period.]

2.     The quantity of liquor that may be possessed and/or consumed under this permit while staying in the said territories shall not exceed two units at any time or [4][six units] in aggregate during a month.

3.     Liquor shall not be obtained in the said territories except from authorised dealers or hotels.

4.     For obtaining liquor from an authorised dealer or hotel in the said territories, the permit holder shall produce this permit before such dealer or hotel who shall make an endorsement overleaf on this permit showing the particulars and quantity of liquor issued and the date of such issue.

5.     This permit shall accompany the whole or any part of the stock of liquor held under this permit to any place where it is removed from the permit holder's residence.

6.     While staying in the said territories, the permit holder shall not use or consume liquor in a public place or in the rooms of a hotel or institution to which the public may have access.

7.     This permit is subject to the prohibition laws in the said territories and is liable to be cancelled or suspended in accordance with those laws.

*A foreign tourist means any person who is not a citizen of India, who is not normally resident in India and who enters India for a stay of not less than 24 hours and not more than 6 months in the course of any 12 months period for legitimate non-immigrant purposes such as touring, recreation, sports, holiday, family reasons, study, religious pilgrimages or business.

**This period will correspond to the period indicated on the visa in the case of non-Common wealth tourists. For Commonwealth tourists, the period should be 3 months (extendable to a further period of 3 months).

8.     In case this permit is cancelled or suspended during the currency of the permit period, the permit holder shall surrender the whole of the un-consumed stock of liquor forthwith to the authorities concerned.

This permit is granted free of cost. An endorsement to the effect that this permit has been issued has been made in the permit holder's passport.

Signature of the officer of the Indian Mission abroad authorised to issue visas.

[5][Signature of the Director or Assistant Director of Government of India, Tourist Offices Overseas or the Director or Assistant Director of Government of India, Tourist Office in Bombay/Culcatta/ Delhi/Madras]

Specimen signature of the permit holder

Note.-- One Unit 1 bottle of spirits; or

3 bottles of Wine; or

9 bottles of fermented liquors of a strength exceeding

2 per cent of alcohol by volume; or

27 bottles of fermented liquors of a strength not exceeding

2 per cent of alcohol by volume.

("bottle" holds one quart or two pints).

N.B.-- Tourists can bring either one regular size bottle of wine and one quarter liter or spirits or one quart of spirits free of customs duty at the time of arrival in India.

(Details of purchases of Foreign Liquor)