Section 40. Permits.

(1) The 1[State] Government may, by rules or an order in writing authorize an officer to grant permits for the use or consumption of foreign liquor to person on the following conditions :- (a) that such person is not a minor; 2* * * * * * * * (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; or (ii) that such person is on the Register of Foreigners under the Registration of Foreigners Act, 1939 (XVI of 1939), and is not domiciled in 3[India] : Provided that, in the case of any person falling under sub-clause (i) or (ii)- (a1) 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 (b1) that such person has been ordinarily using or consuming such liquor 4* * * **** * (3) Such permits shall be granted for such quantities as may be prescribed. 5(4) 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. 6* * * * * * *