38. The 1[State]1 Government may, by rules or an order in writing, authorize an officer to grant licences to any shipping company for each ship 2[or to the Master of any ship]2 to sell foreign liquor 3[and to permit the use or consumption of foreign liquor on such ship on such conditions as may be prescribed]3 4[and to the Masters of ships]4.
39. The 1[State]1 Government may, on such conditions as may be specified 5[by a general or special order permit—]5
- (i) the sale of foreign liquor to,
- (ii) the purchase, use or consumption of such liquor by,—
- (a) the members of the armed forces in messes and canteens 7[of the armed forces]7, and
(b) the crew of warships or troopships and the members of the armed forces thereon.
40. (1) The 1[State]1 Government may, by rules or an order in writing authorize an officer to grant permits for the use or consumption of foreign liquor to persons on the following conditions:—
- (a) that such person is not a minor;
- (c) (i) that such person was either born and brought up or domiciled in any country outside India where such liquor is being generally used or consumed;
- (ii) that such person is on the Register of Foreigners under the Registration of Foreigners Act, 1939, and is not domiciled in 10[India]10.
Provided that, in the case of any person falling under sub-clause (i) or (ii)—
- (al) such person has been residing and intends to reside in India temporarily and that such person has a fixed and settled purpose of making his sole and permanent home in any country outside India; and
- (bl) that such person has been ordinarily using or consuming such liquor.
(3) Such permits shall be granted for such quantities as may be prescribed.
(4) 12[If any question arises whether the conditions imposed by clause (a) or (c) of sub-section (1) are satisfied or not in any case, the State Government shall decide the question and its decision shall be final.]12