RULE

BALUCHISTAN PROHIBITION RULES, 1978 BALUCHISTAN PROHIBITION RULES, 1978 [Gazette of Baluchistan, Extroardinary, 22nd May 1978] No. 776‑141‑EXC. /76.‑In exercise of the powers conferred by section 23 of the Baluchistan Prohibition Ordinance, 1978 (Ordinance No. XI of 1978), hereinafter referred to as the said Ordinance, the Government of Baluchistan is pleased to make the following rules for the purpose of carrying into effect the provisions of the said Ordinance, namely :‑ 1. (a) These rules may be called the Baluchistan Prohibition Rules, 1978. (b) They shall come into force at once. 2. In these rules, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say :‑ (a) "Ordinance" means the Baluchistan Prohibition Ordinance, 1978 (Ordinance No. XI of 1978). (b) "Medical Practitioner" means any person registered as a medical practitioner under the law for the registration of medical practitioners for the time being in force and in the employment of Federal or Provincial Govern ment or Statutory Authority or any other Corporation set up by the Government ; (c) "Licence" includes unless the context otherwise requires, a pass or permit granted under these Rules or under the Baluchistan Excise Regulation, 1915 (1 of 1915) or under rules, notifications or orders issued thereunder ; (d) "Export" (except in the phrase 'export out of Pakistan') means to take out of the Province otherwise than across a customs frontier as defined by the Federal Government ; (e) "Import" (except in the phrase 'import into Pakistan') means to bring into the Province otherwise than across a customs frontier as defined by the Federal Government ; (f) "Resident Excise and Taxation Sub‑Inspector" shall mean an Excise and Taxation Sub‑Inspector posted for the time being at a hotel licensed under the said Ordinance ; (g) "Director, Excise and Taxation" shall mean an officer appointed as such by the Provincial Government ; and (h) "Excise Commissioner" means an officer working for the time being as head of the Excise and Taxation Department in the Province or any other Officer appointed by the Government as such. 3. The person referred to a medical practitioner for examination under subsection (1) of section 6 of the said Ordinance may be caused to be examined with respect to the presence of alcohol in his breath or blood stream or stomach. If the medical practitioner can presume consumption and influence of intoxicating liquor from such other symptoms a5' hang‑over effects, nausea, headache, gastritis, thirst, generalised residual malaise, physical or mental incompetence or other drinking after effects, he may dispense with aforesaid examination. The officer taking such person to the medical practitioner may bring this rule to his notice. 4. When any person is arrested by any of the aforesaid officers the officer arresting him, shall, unless released on bail, forward him to the nearest Police Station or the Prohibition Officer with a report to the effect as to how the arrest was made. 5. No person accused or suspected of having committed an offence under the said Ordinance, shall be detained for a longer period than is reasonable under the circumstances of the case and such period shall not in the absence of special order of a Magistrate whether having jurisdiction to try a case or not, exceed 24 hours exclusive of the time necessary for the journey of such person to the place where the nearest Police Station or a Prohibition Officer may be and from there to the Court having jurisdiction to try the case. 6. An officer incharge of a Police Station shall take charge of and keep in safe custody, pending the orders of a Magistrate or a Prohibition Officer, all articles seized under the said Ordinance which may be delivered to him and shall allow the Prohibition Officer or the Officer appointed to assist him under section 16 of the said Ordinance to affix his seal to articles and to take samples of and from them. 7. Subject to any order that may be passed under section 517 of the Criminal Procedure Code, every article, the confiscation of which has been ordered by the Court under section 8 or subsection (1) of section 9 of the said Ordinance, shall be made over to the Collector of the area in which such Court is situated. 8. All articles made over to the Collector under the foregoing rule or confiscated by him under subsection (2) of section 9 of the said Ordinance shall be disposed of as follows :‑ (a) All confiscated intoxicating liquor shall be destroyed under the orders of the Collector in the presence of the Prohibition Officer. (b) All other things made over to the Collector in accordance with the rules shall be sold in such manner as he may direct. (c) Sale proceeds of all articles sold under the preceding sub‑rule shall be credited to the Excise and Taxation Department under the sub‑head "Other Items" subordinate to the bead "VIII‑Provincial Excise". 9. The authorities competent to hear appeal, from orders made by any officer under Chapter III of the said Ordinance or under these Rules, the time and manner of presenting appeals and procedure for dealing with them shall mutatis mutandis be as laid down under the Baluchistan Excise Regulation, 1915 (I of 1915) or the Rules published with the Chief Commis sioner, Baluchistan's Notification No. 41/A‑59‑Exe dated 14th December, 1946 provided that for the purpose of the said Rules a Prohibition Officer and a Collector under the said Ordinance shall be deemed to correspond to an Excise Officer and the Collector, as the case may be, under the Baluchistan Excise Regulation, 1915 (I of 1915) and subject to the conditions mentioned therein, appeals against the orders of Collector shall lie with Excise Commissioner. PART II 10. The following liquor permits shall be granted in the form, by the authority and to the person specified below and shall be treated as licence under sections 11 and 12 of the said Ordinance for the purpose specified below :‑ Form of Authority Competent To whom granted Purpose Permit to grant renew Pr. I. Prohibition Not renew‑ Non‑Muslim citi‑ For purchase, Officer. able zen of Pakistan possession, not below the age transport or con‑ of 25 years. sumption of quant ity of intoxicating liquor not exceed ing at a time that specified in the permit. 1 Z 3 4 8 Pr. 11. Collector. Prohibition Non‑proprietary For purchase, Officer. Club having a possession, trans sufficiently large port or consump. number of foreig‑ tion of intoxicating ners or non‑Mus‑ liquor on behalf lims on its mem‑ of its permit hold bership. ing non‑Muslim and foreign mem bers. Pr.. 111. Prohibition Not renew‑ Foreigner orFor purchase, Officer pro‑ able. tourist holding a possession, trans vided that for valid passport. port or consump‑ the purpose tion of quantity of of foreigners of intoxicating liquor tourists stay‑ not exceeding at a . ing in a hotel time that specified a Sub‑Ins‑ in the permit. pector of the Department posted to the hotel may be treated as Prohibition Officer. Pr. IV. Prohibition Prohibition A person authori‑ For purchase, pos Ofcer. Officer. sed by a Bishop or session, transport, other appropriate or consumption of non‑Muslim intoxicating liquor religious authority. not exceeding at a time that specified in the permit for religious purposes. 11.‑(1) The authorities subordinate to the Excise Commissioner em powered to grant or renew permits shall exercise these powers subject to the control of the Excise Commissioner. (2) All or any of the powers of a Prohibition Officer specified above may be exercised by the Collector or Excise Commissioner 12. An applicant for a permit under these rules may be required to supply all or any of the following particulars :‑ (i) In the case of an individual :‑ (a) Name and addresses of the applicant. (b) Father's name. (c) Age. (d) Particulars of identity card or passport as the case may be. ‑`‑ (e) Religion. (f) Profession or trade. (g) Number of units required per mensem or on the specified occasioji only, and (tl) In case of a non‑proprietary club or other similar institution :‑ (a) Name and description of the non‑proprietary club/similar institution. (b) Locality. (c) District. (d) Number of permit‑holding members. 13. No permit shall be transferable. 14. The permit granting authority may refuse to grant a permit if it is of the opinion that the permit applied for is liable to abuse. 15. The Excise Commissioner or a subordinate offcer authorised by him in this behalf may grant, on special occasions special permits for purchase, possession, transport or consumption of liquor fit for human consumption subject to the following conditions :‑ (a) The liquor shall be served to and consumed by a non‑Muslim permit holder, a foreigner, a bona fide tourist or Diplomatic Agent. (b) The liquor shall be possessed for a specified period and consumed only on the specified occasion. 16. A permit under these rules shall b., granted to last up to the 30th June following unless it is granted for such shorter period as is specified by the granting authority therein. 't~'~ 17. . FThe quantity of liquor authorised by permit shall be stated in the permit in units and one unit shall, for the purpose of these rules, be deemed to he equal to one quart bottle of any kind of spirit including liquors or three .bottles of wine or medicated wine or sixteen bottles of beer, ‑,~ 18. The Excise Commissioner may from time to time fix the maximum quantities of liquor to be allowed or to be possessed or consumed under various permits and he shall be competent to increase or decrease this quantity generally or, specially or direct what ,kind of liquor is to be supplied to a consumer or class of consumers. i.;:;zl ;;t:=: 19. (1) The fee for the grant of a permit in form Pr. I shall be charged at the rate of two hundred rupees per annum and for a permit in form Pr. III five rupees for calender 21.‑(1) The holder of a permit in form Pr. II shall maintain such registers or make such returns punctually or maintain such accounts with regard to receipt, issue or consumption of liquor as may be prescribed by the Collector. (2) Such permit holder shall maintain an inspection note book with the pages numbered consecutively and hand it over on demand to Prohibition Officer not below the rank of an Excise Inspector. The said officer may record his inspection note and shall record any warning given to the permit holder in this book. 22. The authority granting a permit under these rules may cancel or suspend it :‑ (i) In the event of any breach by the holder of such permit or by one acting with his express or implied permission of any of the terms of conditions of the permit or any of the provisions of the said Ordinance or the rules or orders made thereunder. (ii) If the conditions of such permit provide for its cancellation or suspension at will, or (iii) If the purpose for which the permit is granted ceases to exist ; and (iv) on the ground that it is likely or is being used for sale or supply of liquor to a person other than the entitled one. 23. If on the expiry, cancellation or suspension of any permit under these rules any stock of intoxicating liquor remains in the possession of the permit‑holder, he shall at once surrender such stock to the granting authority. If any portion of such stock is declared by the Civil Surgeon to be unfit for human consumption, the Collector concerned shall forthwith cause that portion to be destroyed and the permit‑holder shall not be entitled to claim any compensation arising from the destruction of such portion of the liquor. If any portion of liquor is fit for human consumption, the Collector shall make arrangements for its disposal in such manner as he may deem fit. The person whose permit has been suspended or cancelled shall not be entitled to any compensation therefor or for the surrendered liquor except, that, where the liquor has been sold, the net sale proceeds shall ba paid by the Collector to such person. 24. Each permit‑holder under these rules shall duly abide by the provisions of the said Ordinance as amended from time to time and the rules, notifications and orders made thereunder. 25. No permit‑holder shall sell, gift, or otherwise transfer liquor to a Muslim citizen of Pakistan. He shall also not in any manner entertain or serve any Muslim citizen of Pakistan with intoxicating liquor. 26. A permit‑holder under these rules shall produce ,his permit on demand by Prohibition Officer. 27. A Foreigner/Tourist may purchase from any retail licensee or licensed hotel intoxicating liquor in quantities not in excess of the limit of retail sale at a time on presentation of his permit. PART III 28. The following classes of licences may be granted or renewed by the authorities stated against each Form Nature Authority competent to Grant Renew. L‑1 Licence for import into, export out of Excise Collector. Pakistan, transport therein or sale Commissioner. thereof to the trade only. L‑2 Liceace for retail sale/vend of intoxi‑ Excise Collector. cating liquor. Commissioner. L‑3 Licence for retail vend of intoxicating Excise Collector. liquor in a hotel or a club for consum‑ Commissioner. ption by the entitled person other than a Muslim citizen of Pakistan or any other institution requiring it for bona fide medicinal, scientific, indust rial or similar other purpose. L‑4 Licence for an organization establish‑ Excise Collector. ed in Pakistan and carrying on an air Commissioner. transport or maritime shipping service requiring intoxicating liquor for serv ing it to bona fide passengers not being Muslim citizen of Pakistan. Ir5 Licence to manufacture intoxicating Excise Collector. liquor. Commissioner. 29. The Provincial Government or the Excise Commissioner shall determine to which of the licences prescribed under the Baluchistan Excise Regulation, 1915 (1 of 1915) and the rules made thereunder any of the above licences corresponds or is nearest. On doing so the form, the conditions, the fees, the procedure of grant, suspension, cancellation of lic;nce and other particulars of each of the above licences shall (excepting repugnance with the Baluchistan Prohibition Ordinance, 1978) be mutatis mutandis the same as are of the aforesaid corresponding or nearest licence. In token of this the Collector shall make an endorsement on such corresponding licence that it shall be deemed to be such and such licence under the said Ordinance. Each of the licences prescribed above under the said Ordinance will also be subject to the provisions of these rules. 30. The licence L‑2 prescribed in rule 28 shall not be granted to a Muslim citizen of Pakistan. 31. Except in the case of a licence in form L‑4 no licensee shall make retail sale of intoxicating liquor to any consumer except on the production of appropriate permit by him under the rules.