THE SIND GOVERNMENT GAZETTE

November 18, 1979.

THE SIND PROHIBITION RULES, 1979.

CONTAINTS

RULES.

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 THE SIND GOVERNMENT GAZETTE
November 18, 1979.
PART-I
GOVERNMENT OF SIND
EXCISE AND TAXATION DEPARTMENT
Karachi, the 29th September, 1979.

NOTIFICATION

No. 1(201)79-Excise/4555.-- In exercise of the powers conferred by Articles

21 and 31 of the Prohibition (Enforcement of Hadd)Order, 1979, the Government of
Sind are pleased to make the following rules for the purpose of carrying into effect
the provisions of the said Order, namely:--

(1) These Rules may be called the Sind Prohibition Rules,

1. 1979.
(2) They shall come into force atonce.

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

following expressions shall have meanings hereby respectively
assigned to them, that is to say:-

(a) “Article” means an Article of the Order;

(b) “Director” means the Director, Excise & Taxation of the
Division concerned and includes any person appointed
to perform the functions of the Director;

(c) “Director General” means the Director General, Excise

& Taxation and includes any persons appointed to
perform the functions of the Director General;

(d) “Excise and Taxation Officer” means an Excise and

Taxation Officer;
(e) “Government” means the Government of Sind;

(f) “Licence” means a Licence/under the order for trade in

intoxicants;

(g) “Order” means the prohibition (Enforcement of Hadd)

Order, 1979;

(h) “Permit” means a Licence under the order in from PR-II

or PR-III for consumption or use of intoxicating liquor;

(i) “Special permit” means a Licence under the order in

form PR-IV for consumption or use of opium.

3. (1) The Director General shall be the Collector for the, whole
province of Sind.

(2) Subject to the directions of the Director General the

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November 18, 1979.
Director may exercise all or any of the powers of a Collector
within his jurisdiction.

(3) The Excise & Taxation Officer or any other Officer may
within his jurisdiction exercise such powers of a prohibition
officer as may be delegated to him under Article 21.

4. (1) The following Officers shall be the Officers for the purpose
of clause (b) of Article 21 of the Order:-

(a) Exercise and Taxation Inspector;

(b) Excise and Taxation Sub-Inspector;
(c) Excise and Taxation Jamadar;
(d) Excise and Taxation Defedar;
(e) Excise and Taxation Constable.

(2) The Officer mentioned in Sub-Section (1) shall within their

jurisdiction exercise such powers of a prohibition officer as, may
be delegated to them under Article 21.

5. (1) Any person registered as a medical practitioner under any

law for the time being in force and in the employment of Federal
or Provincial Government of Local Authority or any Corporation
set up by Government shall be authorized medical officer for the
purposes of the order.

(2) The person referred to an authorized medical officer for

examination under clause (1) of Article 12 may be examined
with respect to the presence of intoxicant in his breath or blood
stream or stomach, provided that such examination may be
dispensed with if the officer can presume the consumption and
influence of intoxicant from any symptom such as hang lover
effects, nausea, head-ache, gastricis, thirst, generalized
residual malise, physical or mental incompetence or other after
effects of taking an intoxicant.

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 order, which
may be delivered to him, and shall allow the Prohibition Officer
to affix his seal to such articles and to take samples therefrom.

7. Subject to any order passed under section 517 of the

Code of Criminal Procedure, 1898, any thing confiscated under
Article 15 shall be made over to the Collector or any officer
authorized by him in this behalf.

8. (1) An intoxicant confiscated under Article 15 shall be

destroyed or disposed of under the orders of the Collector in
such manner as he deems fit.

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November 18, 1979.

(2) Anything other than intoxicants confiscated under Article 15

shall be sold in such manner as the Collector may direct.

(3) The sale proceeds under this rule shall be credited to the
sub-head “other items” of the head “VIII-Provincial Excise”.

9. (1) An order passed by a Prohibition officer other than the

Director or Director General shall be appealable to the Director
within sixty days of such order.

(2) An order passed by a Director shall be appealable to the

Director General within ninety days of such order.

(3) An appeal shall be presented to the appellate authority

during office hours personally by the appellant or his counsel.

(4) Every appeal shall:-

(i) Be legibly ad concisely written or typewritten;

(ii) State in brief the facts constituting cause of action;
(iii) Clearly set out the relief claimed and grounds
thereof;
(iv) be accompanied by an authenticated copy of the
order appealed against;

(v) be verified and signed at the foot by the appellant.

(5) On receipt of the appeal, the appellate authority shall, after

giving the appellant a reasonable opportunity of being heard
and after making such enquiry as it deems fit make an
appropriate order.

10. Government or any other officer authorized by

Government in this behalf may, of its own motion at any time, or
on application made within a period of thirty days from the date
of the taking of any proceedings or passing of any order by an
authority subordinate to it, call for and examine the record of the
proceedings or the order, for the purpose of satisfying itself as
to the legality or propriety of the same and may pass such order
as it may consider fit:
Provided that no order under this rule, if prejudicial to
any person, shall be passed unless such person has been
given opportunity of showing cause;

11. (1) The Collector shell be the authority to grant or, as the case
may be renew a permit or special permit; provided that permit
in from PR-II shall not be renewable.

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November 18, 1979.
(2) The Director shall exercise the powers under sub-rule (1)
subject to the control and directions of the Director General.
12. The Director General or any subordinate officer
authorized by him in this behalf may grant on special occasions
permits for purchase, possession, transport or consumption of
liquor fir for human consumption subject to the following
conditions that the liquor shall be-
(a) consumed by the permit holder;
(b) consumed only on the specified occasion.

13. (1) An application for a permit or special permit shall be made

in form be made in form PR-I.

(2) An applicant shall furnish such other information as may

be required.
14. The grant or renewal of a permit or special permit may, for
reasons to be recorded in writing, be refused.
15. A permit or special permit shall be for such period as may
be specified therein, and be non-transferable.
16. The quantity of intoxicating liquor authorized by a permit
shall be stated in the permit in Units; and one unit shall for the
purposes of these rules be deemed to be equal to one quart
bottle of any kind of spirt including liquor or three bottles of wine
or medicated wine or sixteen bottles of beer.
17. The Director General may, from time to time, fix the
maximum quantity of intoxicating liquor to be allowed to be
possessed or consumed under a permit and may increase or
decrease this quantity generally or specially or direct as to what
kind of liquor be supplied to a consumer or class of consumers.
18. (1) Special permits in PR-IV shall be granted only to opium
addicts for their treatment on the recommendation of a medical
officer testifying that without opium he is likely to suffer from
serious illness causing apprehension of death.

(2) The quantity of the opium to be sold on special permits

shall be determined from time to time by the Director General
on the advice of a medical officer.
19. (1) A fee of ten rupees shell be charged for grant or as the
case may be for renewal of a permit of special permit.

(2) The fee under these rules may be paid in cash or

deposited in a treasury or a designated bank in favour of the
Excise & Taxation Department, Government of Sindh. The
receipt shall be issued for the fee received in cash and the
amount so received shall be deposited in the treasury without
any delay.

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November 18, 1979.
20. The authority granting a permit or special permit may
cancel or suspend such permit if he is satisfied that-
(1) there is any breach of any term or condition of such
permit specified under Article 18 or contravention of any
provision of the Order, or the rules or orders made
thereunder;
(2) the purpose for which such permit is granted has
ceased to exist; and
(3) such permit is being or is likely to be used for sale or
supply of an intoxicant to a person other than the one
mentioned therein; or
(4) if the conditions of such permit provide for its
cancellation or suspension at will.
21. (1) On the expiry, cancellation or suspension of any permit or
special permit the stock of intoxicant, if any, shall immediately
be surrendered to the authority who granted such permit or to
any person authorized in this behalf by such authority.

(2) If the stock under sub-rule (1) is fit for human consumption,
the collector shall make arrangements for its disposal in such
manner as he may deem fit.
(3) If any such stock or portion thereof is declared to be unfit
for human consumption by the Chemical Examiner, the
Collector shall cause the same to be destroyed and no
compensation shall be paid therefore.

(4) When any intoxicant is sold under Sub-Rule (2) the net
sale proceeds shall be paid to the person who surrendered
such intoxicant.
22. A permit or special permit holder may, from any
authorized licensee purchase the intoxicant as specified in the
permit.
23. (1) The following classes of licences may be granted or
renewed by the authorities and on payment of fees stated
against each:-
Kind of Licence Purpose Authority to Competent Fee
grant to renew Chargeable.
INTOXICATING LIQUOR
Trade and Import For import into export out Director Director Rs. 6,000
of Potable liquor. of the province except on an General
import or export Licence
granted by the Federal
Government for transport or
sale thereof to the trade only.

Retail off For retail sale of potable Do. Do. Rs.10,000

intoxicating liquor to permit
holders only.

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November 18, 1979.

1 2 3 4 5
Duty Free Retail For “Off” sale of potable Director Director Rs.10,000
(Off) intoxicating liquor to non- General
Muslims foreign passengers
of international flights.

HOTEL For service of Potable Do. Do. The Licence for sale of
Intoxicating liquor to non- intoxicating liquor for
Muslim foreign residents in consumption in a hotel
their own room. shall be charged yearly
at the rate of one
hundred times of the
averages room rent per
day of such hotel, as the
case may be calculated
by dividing total rent.

CLUB For “off sale” of potable Do. Do. (1) Rs. 5,000:- (Five
intoxicating liquor to non- thousand), per annum
Muslim foreign members and plus ten percent
to non-Muslim Pakistani surcharge on the
members on religious assessment fee
occasions. levied.
(2) The lump sum
amount of Rs.5,000/-
shall be paid with
thirty days of the
commencement of
the year and the
remaining amount
shall be paid with in
thirty days after the
close of year.

Aircraft and For an organization Do. Do. Rs.2,000

Marine Shipping established in Pakistan and
licence. carrying on an air Transport
or maritime shipping service
requiring potable intoxicating
liquor for serving to the
passengers not being Muslim
citizens of Pakistan, during
International flights/Voyage.

Manufacturing of For manufacture and sale Do. Do. Rs. 500

Pak. Made of Pak. made Potable
Potable Foreign Foreign Liquor to Trade only.
Liquor.
OTHER INTOXICANTS:
Do. Do. Rs. 100
Intoxicants For purchase and Sale.
licence
(Commercial).

Intoxicants For purchase and use in Do. Do. Rs 50

licence the manufacture of Medicinal
(Manufacturing). preparations.

Note:- Intoxicants Licence (Manufacturing) shall be granted only to those who possess licence to manufacture particular item of medicinal
preparation containing intoxicants, from appropriate authority.

Note:- (1) Intoxicant licence (Commercial)shall be granted to chemists holding licences under Drug Ordinance,1976 and to Government and Private
hospital for sale of morphine, pethedine, jetrium or other dangerous drugs to bonafide patients on presentation of prescription issued by the
Registered Medical Practitioner.

Note:- (2) The licences shall be in such form and contain such conditions as may be specified under Article 18.

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November 18, 1979.
24. The retail “Off” licence under rule 23 shall not be granted
to a Muslim citizen of Pakistan.

25. Except in the case of an aircraft and maritime shipping, no

licensee shall make retail sale of intoxicating liquor to any
consumer except on the production of appropriate permit by
him.

MANZOORUL HASAN,
Secretary to Government of Sind,
Excise & Taxation Department.

Jalil File No.S.Reg. 4(2)/85

Jalil File No.S.Reg. 4(2)/85