The Gujarat Prohibition Act 1949 MCQ Quiz - Objective Question with Answer for The Gujarat Prohibition Act 1949 - Download Free PDF

The correct answer is Section 2(23)

Key Points

• Section 2(23) of the Gujarat Prohibition Act deals with the meaning of intoxicating drug
• Ganja: Refers to the flowering or fruiting tops of the cannabis plant, excluding seeds and leaves when not accompanied by the tops. It is commonly referred to by various names, but this specific form is regulated.
• Charas: Refers to resin obtained from the cannabis plant, whether crude or purified. It is a specific form of intoxicating drug derived from cannabis.
• Mixtures or Drinks: Includes any mixture or drink that contains any of the forms of intoxicating drugs (like ganja or charas), with or without neutral materials, prepared for consumption.
• Other Intoxicating Drugs: The State Government can, through official notification, declare other intoxicating or narcotic drugs (excluding opium, coca leaf, or manufactured drugs) as intoxicating drugs under the Act, adding flexibility to the list.

The correct answer is Tobacco

Key Points

• According to the Section 2(13) of the Gujarat Prohibition Act, an excisable article includes:
  • Alcoholic liquor for human consumption 
  • Intoxicating drugs or hemp 
  • Opium 
  • Additionally, the State Government can declare other narcotic drugs or substances as excisable articles.

The correct answer is Section 53

Key Points

• Section 53 of the Act outlines the General conditions regarding licences, etc.
• Conditions for Licenses, Permits, and Authorizations: All licenses, permits, passes, or authorizations granted under the Act must comply with the form and conditions prescribed by the Act. These may include additional or modified conditions as specified.
• Fee Requirement: These documents are granted upon payment of the prescribed fee.
• Undertaking and Compliance: The applicant must undertake to abide by all conditions and the provisions of the Act, with the authorized officer ensuring that the applicant is likely to comply with these obligations before granting the license or permit.

The correct answer is Option 2.

Key Points

• As per section 47 of the Act, the State Government can grant interim permits to individuals applying for permits under sections 40, 40A, and 41.
• These interim permits are a temporary measure until the actual permits are issued.
• However, the interim permits are granted for a maximum period of two months, not for indefinite consumption or immediate purchase of liquor, as stated in Options A, C, and D, which are incorrect. 

The correct answer is Section 46A

Key Points

• Section 46B of the Act outlines the 'Tourist's Permit'.
• Eligibility for Tourist's Permit: The State Government can grant a tourist’s permit for the consumption, use, and purchase of foreign liquor to a person who is a tourist.
• Duration of the Permit: The permit is granted for the duration of the tourist’s intended stay in the State, but it cannot exceed one month.
• Availability of Permits: These permits are made available at designated places, which are fixed by the Director (previously referred to as the Commissioner).

The correct answer is option 2.

Key Points 

Explanation:

• Section 31 gives the State Government the power to authorize officers to grant licenses for the manufacture, sale, purchase, possession, consumption, or use of any intoxicant or hemp for medicinal, scientific, industrial, or educational purposes. The authorization is done via rules or an order in writing.

The correct answer is Section 2(23)

Key Points

• Section 2(23) of the Gujarat Prohibition Act deals with the meaning of intoxicating drug
• Ganja: Refers to the flowering or fruiting tops of the cannabis plant, excluding seeds and leaves when not accompanied by the tops. It is commonly referred to by various names, but this specific form is regulated.
• Charas: Refers to resin obtained from the cannabis plant, whether crude or purified. It is a specific form of intoxicating drug derived from cannabis.
• Mixtures or Drinks: Includes any mixture or drink that contains any of the forms of intoxicating drugs (like ganja or charas), with or without neutral materials, prepared for consumption.
• Other Intoxicating Drugs: The State Government can, through official notification, declare other intoxicating or narcotic drugs (excluding opium, coca leaf, or manufactured drugs) as intoxicating drugs under the Act, adding flexibility to the list.

The correct answer is Tobacco

Key Points

• According to the Section 2(13) of the Gujarat Prohibition Act, an excisable article includes:
  • Alcoholic liquor for human consumption 
  • Intoxicating drugs or hemp 
  • Opium 
  • Additionally, the State Government can declare other narcotic drugs or substances as excisable articles.

The correct answer is Section 53

Key Points

• Section 53 of the Act outlines the General conditions regarding licences, etc.
• Conditions for Licenses, Permits, and Authorizations: All licenses, permits, passes, or authorizations granted under the Act must comply with the form and conditions prescribed by the Act. These may include additional or modified conditions as specified.
• Fee Requirement: These documents are granted upon payment of the prescribed fee.
• Undertaking and Compliance: The applicant must undertake to abide by all conditions and the provisions of the Act, with the authorized officer ensuring that the applicant is likely to comply with these obligations before granting the license or permit.

The correct answer is Option 2.

Key Points

• As per section 47 of the Act, the State Government can grant interim permits to individuals applying for permits under sections 40, 40A, and 41.
• These interim permits are a temporary measure until the actual permits are issued.
• However, the interim permits are granted for a maximum period of two months, not for indefinite consumption or immediate purchase of liquor, as stated in Options A, C, and D, which are incorrect. 

The correct answer is Section 46A

Key Points

• Section 46B of the Act outlines the 'Tourist's Permit'.
• Eligibility for Tourist's Permit: The State Government can grant a tourist’s permit for the consumption, use, and purchase of foreign liquor to a person who is a tourist.
• Duration of the Permit: The permit is granted for the duration of the tourist’s intended stay in the State, but it cannot exceed one month.
• Availability of Permits: These permits are made available at designated places, which are fixed by the Director (previously referred to as the Commissioner).

The correct answer is Option 3

Key Points

• As per section 46 of the Gujarat Prohibition Act, he visitor’s permit is issued to:
  • A citizen of a foreign country or an Indian citizen residing in an area where alcohol consumption is generally prohibited by law (either in India or abroad).
  • They must be visiting the State for a period not exceeding one week.
• The permit is initially granted for up to one week, and it can be extended for further one-week periods, but the total duration cannot exceed one month.

The correct answer is The Director, after holding an inquiry

Key Points

• Under section 45(4) of the Act, in case of a dispute about whether the use of liquor is for sacramental purposes, the person requiring the liquor may apply to the Director (who is authorized by the State Government).
• The Director holds a summary inquiry and decides whether or not the liquor is required for sacramental purposes. The Director’s decision is final, making the Director (Option C) the correct answer.
• The local police station (Option A), Supreme Court (Option B), and religious leaders (Option D) do not have the authority to make this decision under the law.

The correct answer is An officer authorized by the State Government

Key Points

• As per section 45 of the Act, the State Government may, through rules or an order in writing, authorize an officer to grant authorization to individuals for using liquor for sacramental purposes.
• The officer must be satisfied that the use is in accordance with the religious tenets of the person's community.
• The State Government does not grant the authorization directly (Option A) nor is it granted by the Supreme Court (Option C) or religious organization directors (Option D).

The correct answer is Option 2

Key Points

• As per section 41 of the act, the State Government may grant special permits for the use or consumption of foreign liquor to certain individuals, including:
  • Sovereigns or Heads of a foreign State
  • Ambassadors, Diplomatic Envoys, Consuls, Honorary Consuls, or representatives of a foreign State
  • Members of the staff of these officials (if they are nationals of the foreign State)
  • Representatives or officers of international organizations recognized under the United Nations (Privileges and Immunities) Act, 1947
  • The Consort or dependent relatives of these individuals