The Madhya Pradesh Country Spirit Rules, 1995
(AMENDMENTS)
(22) F. No.-B-l-33-2010-2-V.—In exercise of the powers conferred by sub-section (1) and clauses (d), and (h) of sub-section (2) of Section 62 of the Madhya Pradesh Excise Act, 1915 (No. II of 1915), the State Government, hereby, makes the following further amendment in the Madhya Pradesh Country Spirit Rules, 1995, namely:—
AMENDMENTS
In the said rules,—
1. After rule 3-A, the following rules shall be inserted, namely:—
"3-B Grant of Licence for Bottling of Country Spirit.—(l) A person intending to construct and run a bottling unit of country spirit shall make an application to the State Government through the Excise Commissioner, mentioning his scheme and giving all relevant details.
(2) An application made under sub-rule (1) shall be accompanied by a demand draft or a Challan deposited into the treasury in token of payment of application fee as determined by the State Government from time to time.
(3) The State Government may, if satisfied about the bonafides of the proposed scheme of the applicant, accord sanction and issue a "Letter of Intent" which shall be valid for six months from the date of communication, unless its validity is extended. If the applicant is a D-l licence holder of Madhya Pradesh, the letter of intent shall be issued by the Excise Commissioner, Madhya Pradesh.
(4) The "Letter of Intent" communicated under sub-rule (3) shall not confer any right of privilege for grant of a licence and is liable to be revoked or withdrawn at any time in public interest after giving its holder a notice to show cause against such action and after giving him an opportunity of hearing, if he so desires.
(5) No compensation for any damage or loss shall be payable when a "Letter of Intent" is revoked or withdrawn under sub-rule (4).
(6) The holder of "Letter of Intent" shall not sell transfer of sub-lease it or enter into any arrangement with any other person for the construction or working of manufactory in pursuance of the said "Letter of Intent" without the previous sanction of the State Government.
(7) An application, for approval of the plant and machinery and map of the building, shall be submitted to the Excise Commissioner.
(8) Every application referred to in sub-rule (7) shall be accompanied by—
(i) copy of the 'Letter of Intent",
(ii) project report of the proposed manufactory along with details regarding the plant and machinery and map of the manufactory building.
(9) The Excise commissioner may, if satisfied that the applicant has fulfilled the requirements of sub-rule (8), approve the map, plant and machinery of the project for the construction and working of the manufactory.
(10) The applicant shall report to the Excise Commissioner, the date on which the construction of the building and erection of the plant and machinery are completed, along with certificates or authorizations or clearances required from local body. Town and Country Planning Department, Madhya Pradesh Pollution control Board and any other Department of the State Government, under any enactment or rules in force.
(11) In case the applicant fails to submit the completion report as contemplated in sub-rule (10) within a period of six months from the date of approval by the Excise Commissioner under sub-rule (9), the approval so granted, shall be liable to be withdrawn without compensation, for any damage or loss:
Provided that, if the Excise Commissioner is satisfied that there is sufficient cause for not constructing and completing the works as per approval plan within the period of six months, he may for reasons to be recorded in writing, grant extension of time for such period, as he may deem fit.
(12) When the Excise Commissioner is satisfied that the construction of the building and erection of the plant and machinery are complete in all respects, he may, grant a licence for bottling of country spirit in Form C.S. 1-B for a period of one year, on payment of such annual licence fee as determined by the State Government from time to time. The licence may be renewed every year on payment of the prescribed fee as aforesaid, subject to due observance of the provisions of the Act, and rules made thereunder and conditions of the licence.
(13) No alteration or addition shall be made, without the prior permission of the Excise Commissioner, in or to the buildings of the bottling units or the plant and machinery provided that minor additions or alterations may be made by the licensee under intimation to the Excise Commissioner.
(14) The licensee shall furnish, when required, security fixed by the Excise Commissioner from time to time, for due observance of the provisions of the Act, rules made and orders issued thereunder.
(15) The licensee shall not hypothecate, sell, mortgage, transfer or sub-lease the licence or enter into any partnership for the working of the licence, without the previous permission in writing of the Excise Commissioner, and such permission, if granted, shall be endorsed on the licence.
3-C. Procurement of Rectified Spirit for bottling of Country Sprit and Storage thereof—(l) A licensee holding a licence in Form C.S. I-B shall procure Rectified spirit for the preparation of country spirit from a D-l Distillery licensee. The C.S.I-B licensee intending to bring rectified spirit from a D-1 licensee, shall deposit transport fee, if any in his district and transport rectified spirit to his licensed premises from a D-l licensee after obtaining a transport permit in Form C.S. 5 from the officer in charge of D-l licence.
(2) All spirit storage and reduction vats and vessels shall be of such quality, size, shape and material as approved by the Excise Commissioner, They shall be properly gauged and their gauging table shall be prepared by the authorized Excise Officer. The licensee shall provide Calibrated gauging rods etc. and assist in gauging of the aforesaid vats and vessels. Use of ungauged vats and vessels shall be totally prohibited.
(3) Each vat or vessel shall have legibly painted on it in English or in Hindi, its number, capacity and the use to which it is applied and its details shall be properly registered by the Officer-in-Charge.
(4) Storage and reduction vats shall be kept in a room or building provided with only one door. Such room of building shall be designated as the Spirit Room and shall be kept under revenue lock.
3-D Quality Control.
(l) All spirit used in the bottling of country spirit shall be of such standard and quality as specified or approved by the Excise Commissioner.
(2) All the containers for storing, blending, reducing, maturing and compounding the spirit shall be kept clean. Water used shall be pure and potable. No ingredient noxious to health shall be added to the spirit stored. The coloring, flavoring, essencing, agents etc. used for compounding the spirit, shall be of good quality, fit for human consumption and not deleterious to health.
(3) The licensee shall have to establish his own laboratory within the licensed premises. Such a laboratory shall be well equipped, manned by qualified technical personnel and the expenditure incurred on it shall be borne by the licensee. Sample to every batch of county spirit manufactured and ready for bottling shall be analyzed in the laboratory before it is bottled. The issue of a batch shall be allowed only when the sample of country spirit is found fit for human consumption. An attested photocopy of every such chemical-analysis or test report shall be provided to the officer-in-charge free of cost. The samples shall be drawn under the supervision of and in the presence of officer-in-charge of the manufactory.
(4) (a) The Officer-in-charge of the bottling unit may stop, pending the order of the Excise Commissioner, issue of country spirit which he considers not of good quality and may, on every such occasion take samples of such spirit or country spirit at the cost of the licensee for sending them for chemical analysis or test to the departmental laboratory or any other authorized laboratory.
(b) The Excise Commissioner may also direct taking of samples at random of bottled country spirit and the Officer-in-charge shall draw samples in accordance with the directions issued by the Excise Commissioner in this regard and send them to the departmental or authorized laboratory for chemical analysis or test.
(c) Spirit or country spirit, found sub-standard or unfit for human consumption on chemical analysis or test, shall be rejected and destroyed or disposed of in any manner under the orders of the Excise Commissioner or an officer authorized by him for the purpose. The Excise Commissioner may also permit redistillation in such cases.
3-E. Bottling of Country Spirit.
(1) All operations relating to the filling of bottles with country spirit shall be conducted under the supervision of the officer-in-charge. Bottled country spirit shall be stored in a separate room or rooms called the 'Store for bottled liquor' which shall be secured with a revenue lock.
(2) Country spirit bottled will be of such strength as specified by the Excise Commissioner from time to time. However for bottled country spirit, a deviation margin up to I degree, from the proof strength declared on the label glued to it, will be permitted.
(3) Every bottle of country spirit shall be properly capped and sealed before being transferred to the store.
(4) The licensee shall paste a label registered with the Excise Commissioner, displaying all the particulars enumerated in rule 3-F to every bottle after filing it with country spirit. The licensee shall affix a hologram, as ordered by the Excise Commissioner, on every bottle.
3-F. REGISTRATION OF LABELS
(l) No country spirit shall be transported, imported into and exported from Madhya Pradesh, unless the following legends and details are printed on the labels pasted to the bottles of country liquor:—
(a) Consumption of liquor is injurious to health.
(b) Date, month & year of manufacture.
(c) Name of manufacturer.
(d) Name & place of manufacture.
(e) Alcoholic contents and proof strength.
(f) Name of label with contents.
(g) Registration No. of label.
(h) Minimum and maximum selling price as directed by the Excise Commissioner.
(i) Label should be of minimum 60 GSM and be semi glazed/one-side glazed.
(j) Other information as directed by the Excise Commissioner.
(2) Only such bottles of country liquor with labels showing legends/details as specified in sub-rule (l) duly registered with the Excise Commissioner in accordance with sub-rule (3) and (4) may be sold in, transported within, imported into or exported from Madhya Pradesh:
Provided that the labels registered for each bottling unit shall be compulsorily renewed every year. Annual renewal fees for each label shall be such as may be determined by the State Government from time to time. No label shall be used by any manufacturer unless it has been duly registered or renewed.
(3) Licensee shall make an application to the Excise Commissioner for registration/ renewal of label/labels along with the fee as determined by the State Government from time to time for each kind of label. As desired by the Excise Commissioner, 60 copies of the label to be registered and a challan in proof of payment of the prescribed registration fee, deposited in the treasury of the district shall be enclosed along with the application. The format of the label shall contain the details mentioned in sub-rule(l). An application for renewal of label/labels shall be filed along with the challan of prescribed fee before the end of current year mentioning details of prior registration and renewal.
(4) On receipt of application for registration of label/labels, the Excise Commissioner may make such enquiry as he deems proper, if he satisfied that the condition specified in above sub-rules have been complied with and there is no objection to such registration, he may register it.
(5) A label as aforesaid in sub-rule (l) shall not have any figure, symbol, picture, insignia, etc, that looks obscene or that may offend the religious feeling of any particular class or hurts the sentiments or pride of any group, community or institution. In case of a dispute whether a label is obscene offensive or hurtful, the matter shall be referred to the Excise Commissioner and his decision thereon shall be final and binding.”.
2. For rule 7, the following rule shall be substituted, namely:—
"7. Import of Country Spirit or Rectified Spirit for bottling of Country spirit.—No country spirit shall be imported into Madhya Pradesh except under and in accordance with a no objection certificate and/ or a permit to be obtained or issued as described below:—
(i) No objection certificate for the import of country spirit/rectified spirit may be granted to C.S.I-C/C.S.I-B licensees on prepayment of import fee as determined by the State Government from time to time. No objection certificate shall be in Form C. S. 8;
(ii) Import of only those labels of country spirit shall be permitted which are registered with the Excise Commissioner under rule 3-F;
(iii) The importer shall apply to the Excise Commissioner or Assistant Commissioner Excise/ District Excise Officer of the importing district. The relevant details i.e. the name, address of the importer and his agent at the place of export, quantity, description and alcoholic strength of the liquor, the purpose of import, the unit whence it shall be imported, the location of his licensed premises whereto the imported country spirit shall be transported, registration number of the label, etc. shall be given in the application;
(iv) The importer shall attach to his application challans indicating that he has prepaid import fee, at the rate prescribed by the State Government in the treasury of his district;
(v) The Excise Commissioner or Assistant Commissioner Excise/District Excise Officer or the authorized Excise Officer of the importing district, may, after making necessary enquiries and satisfying himself that there is no objection to the issuance of the certificate, grant and issue a No Objection Certificate in Form C. S. 8;
(vi) The No Objection Certificate granted under clause (v) shall be in triplicate. Part I shall be retained in the office of issue. Part Il shall be mailed to the authority who may authorize the export and Part Ill shall be handed over to the applicant;
(vii) All importation shall be done on the authority of a valid export pass granted by the competent authority of the exporting district. All the terms and conditions of such export pass shall be strictly adhered to, by the importer." .
3. In rule 9,—
(i) In sub-rule (2), after clause (b), the following new clause shall be inserted, namely :-
“(c) Licences in Forms C. S. I-B and C. S. I-C shall be granted by the Excise Commissioner as per the guidelines laid down by the State Government." ;
(ii) after sub-rule (2), the following new sub rules shall be inserted, namely :-
“(3) The bottling and wholesale supply licenses shall be of the following categories and the mode of grant of these licences shall be as indicated hereunder:-
(a) C. S. I-B (Bottling Licence).—Holder of an C. S. I-B licence which may be granted for bottling of country spirit, may bottle country spirit by reducing colouring and essencing rectified spirit. The licensee may transfer country spirit to country spirit warehouses. The country spirit would be sold from warehouse to the retailers.
(b) C. S. I-C (Outside Manufacture's Central Godown Licence).—This licence shall be granted to a licensee holding an appropriate licence for the manufacture of country spirit outside Madhya Pradesh. This licence may be granted at the divisional headquarters only i.e. Indore, Bhopal, Jabalpur, Gwalior, Ujjain, Sagar and Rewa. Such licence may be granted for one or more said divisions. The licensee shall be permitted to import/stock without payment of duty only those labels of country spirit that are being manufactured outside Madhya Pradesh under an appropriate licence and which are registered with the Excise Commissioner Madhya Pradesh under rule 3-F. He shall transfer his stock without payment of duty to the country spirit warehouses for being stored therein and sold to retailers thereform.
4. Period of licences and their renewal,—Licences in Forms C. S. I-B and C. S. I-C may be granted for one year on prepayment of licence fee fixed by the State Government which may be revised from time to time. these licenses will be subject to renewal every year on payment of the prescribed fee, subject to good conduct and clean records of the licensee and due observance of licence conditions, provisions of Act and rules made thereunder.".
4. After rule 11, the following rule shall be inserted, namely :-
"11-A Licensee to pay Supervision Charges.—(l) The C. S. I-B or C. S. I-C licensee shall pay, in advance, supervision charges at the rate determined by the State Government from time to time to defray in full or part of the expenditure incurred on the salary and other claims of the Excise staff posted exclusively for supervision work therein.
(2) Supervision charges, as determined by the State Government from time to time shall be charged at country spirit warehouse from the retailer at the time of issue of country spirit.
" 5. After Form C. S. I-A, the following Forms shall be inserted, namely :-
"FORM C. S. I-B
BOTTLING LICENCE
Under rule 9 (2) (a) of the Madhya Pradesh Country Spirit Rules, 1995 and in consideration of licence fee of Rs. ……………………………........(in words.... ………………….........................
Which has already been paid, this licence is hereby granted to . ………………… ………………… …………………………………………………….for reducing, essencing, colouring and bottling country spirit at the premises described in the schedule below and situated in . ……………………….. ......town of . ……………………….District . ………………………from…………………………… to…………………………….subject to the following conditions :-
CONDITIONS
All operations relating to bottling shall be conducted at the licensed premises situated at ……………………………as per the map and plan approved by the Excise Commissioner and enclosed with this licence.
The Licensee shall not effect bottling operations without prior notice, incorporating the relevant details, to the officer-in-charge.
The licensee shall procure spirit for bottling country spirit from a D-l distellery licensee or by import as per the terms and conditions incorporated in the permission granted for the purpose after payment of the prescribed fee.
All country spirit bottled in one blending operation shall be given the same batch number and shall be bottled, sealed and labelled immediately.
The licensee shall use only such labels as are registered with the Excise Commissioner. The labels pasted on the bottles shall specify the details given in rule 3-F of the Madhya Pradesh Country Spirit Rules, 1995.
The licensee shall use only clean and potable water in the process of manufacture.
The licensee shall not use any ingredient deleterious or injurious to health in the bottling of country spirit.
Cartons containing country spirit shall be arranged, stocked and stacked label wise and bottle-size- wise separate from one another.
The licensee shall leave an accessible passage free of packages containing country spirit in the middle as well as along the walls of the store rooms to facilitate free movements and verification of the stock.
The licensee shall maintain day to day labelwise true account of country spirit bottled and sold.
The licensee shall be bound by all the General Licence conditions except condition II, VIII, XIV, XVI, XXV, XXVI, XXVII, XXIX and XXXII.
On breach of any condition of this licence or provision of the Madhya Pradesh Excise Act, 1915 or rules made thereunder or order issued by the Excise Commissioner, the licence may be cancelled or suspended by the Licensing Authority.
Date : Excise Commissioner
Place Madhya Pradesh.
DESCRIPTION OF THE SITE Boundaries of the Licensed Premises
________________________________________ North East South West
(1) (2) (3) (4) (5)
Excise Commissioner
Madhya Pradesh.
FORM-C.S. I-C
(Outside Manufacturer's Central Godown License)
Under rule 9(2) (b) of the Madhya Pradesh Country Spirit Rules, 1995 and in consideration of a licence fee of Rs.... …………………………(in words ………………………………….......) which has already been paid, licence is hereby granted to............................................. …..to supply and sell bottle country spirit in wholesale from the licensed premises at, as described in the Schedule-I below and situated in ……………………………………..town of ………………………………….District from …………………………………to …………………………………..subject to the following conditions.
CONDITIONS
1. The licensee shall procure his requirements by import only.
2. Under this licence only those labels or brands of country spirit shall be imported which have been manufactured and bottle outside Madhya Pradesh by the licensee himself and which have been registered with the Excise Commissioner, Madhya Pradesh under rule 3-F of these rules.
3. The licensee shall supply his stock to a country spirit warehouse only.
4. He shall import country spirit manufactured by him, after payment of the prescribed import fee.
5. The licensee shall preserve all the permits and invoices of stocks imported in proper order and produce them before the inspecting authorities.
6. Cartons containing country spirit shall be arranged, stocked and stacked, label wise bottle-size- wise, separate from one another.
7. The licensee shall leave an accessible passage free of packages containing country spirit in the middle as well as along the walls of the store room to facilitate free movement and verification of the stock.
8. The licensee shall conduct business from the licensed premises only. No addition to or alteration in the premises is allowed without the prior written permission of the Excise Commissioner.
9. The licensee shall maintain day to day label wise and bottle-size-wise true account of all country spirit imported, stocked and supplied.
10. The licensee shall be bound by all the General Licence Conditions except conditions II, X, XIV, XVI, XXV, XXVI, XXVII and XXXII.
11. On breach of any condition of this licence or provision of the Madhya Pradesh Excise Act, 1915 or rule made thereunder or order issued by the Excise Commissioner, this licence may be cancelled or suspended by the licensing authority.
Date:……………… Excise Commissioner
Place……………… Madhya Pradesh.
DESCRIPTION OF THE SITE Boundaries of the Licensed Premises
________________________________________ North East South West
(1) (2) (3) (4) (5)
|
No.
|
Full particulars alogwith complete address of the manufacturer/bottler
|
The nature of license held by such manufacturer/bottler
|
The province in which he holds the licence mentioned in column (2)
|
|
(1)
|
(2)
|
(3)
|
(4)
|
Excise Commissioner
Madhya Pradesh”.
6. After Form C. S. 7, the following Form shall be inserted, namely :-
"FORM C. S. 8
(See rule 7)
No. ………………………………….. Date……………..
NO OBJECTION CERTIFICATE
[In Triplicate]
Ist Part : (To be retained in the office of issue)
IInd Part : (To be mailed to the authority who may authorize the export)
IIIrd Part : (To be handed over to the applicant)
To,
……………………………….
………………………………..
Subject.—No objection certificate for importing Country Spirit or Rectified Spirit for Country Spirit manufacture without payment of duty.
Shri ……………………… holder of C.S. 1-C/C.S. 1-B licence of ………………………………….. .district, M. P. intends to imjport…………………………………………… .....proof/bulk liters of Country Spirit/Rectified Spirit from ……………………………..holder of………………..................... licence in your district and has paid Rs. …………………………………………....by Challan No. ………………………….dated . ……………………………………….........as import fee on the quantity. This office has no objection in an export permit for the same is issued by you. This N. O. C. shall be valid upto ………………………………………
Assistant Excise Commissioner/
District Excise Officer
……………... (M.P.)"