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Liquor ban: State may amend excise law to circumvent SC order

Published On : 05 Jul 2017


Bengaluru, (DHNS): Karnataka is mulling an amendment to the excise law on the lines of what the Punjab government did to allow liquor sale on highways to circumvent the Supreme Court’s ban.

With Karnataka having failed to get concrete assurance from the Ministry of Road Transport and Highways on its request to denotify certain stretches of national highways, the state government is planning to amend an existing excise law to change the definition of “liquor sale” to avoid the Supreme Court ban on watering holes within 500 metres of state and national highways, sources in the Karnataka government told DH.

“The state government’s justification for proposed amendment is to save over one lakh jobs due to closure of over 5,000 bars and restaurants located on national highways,” sources said.

“The state government will refer the matter on possible amendment to the law to the state Law department. Based on its opinion, the government will take a decision,” sources added.

The Punjab government had introduced two clauses – 18-a and 19-a – to differentiate between ‘sale’ and ‘supply’ of liquor in the Punjab Excise Amendment Bill, 2017 passed in the state Assembly recently. While the first clause defines sale of liquor as “transfer of consideration by a liquor vend for consumption by a purchaser at a place other than its premises”, clause 19-a defines supply of liquor as “provision of liquor for consideration at clubs, restaurants, hotels and other places on the basis of licences issued on the condition that it shall be consumed within their premises”.

This means, catering establishments will be allowed to provide liquor to customers as long as it is consumed on their premises. The amended legislation also says that licensed hotels, clubs and restaurants will be entitled to continue supplying liquor even if they are located on state and national highways – notwithstanding any judgement or decree passed by a court or tribunal in that regard.

Following this law, the Punjab government had prevented closure of bars and restaurants located on highways. However the amended law has been challenged in the Punjab and Haryana High Court and the court had issued notice to the Punjab government seeking its reply by July 24.







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