KARNATAKA EXCISE
(SALE OF INDIAN AND FOREIGN LIQUORS) (AMENDMENT) RULES, 1988
PREAMBLE
Whereas the draft of the following rules further to amend the Karnataka
Excise (Sale of Indian and Foreign Liquors) Rules, 1968 was published as
required by sub-section (1) of the Karnataka Excise Act, 1965 (Karnataka Act 21
of 1966), in Notification No. HD 13 PES 88, dated 23rd May, 1988, in Part IV,
Section 2C(i) of the Karnataka Gazette, Extraordinary, inviting objections and
suggestions from all persons likely to be affected thereby on or before 8th
June, 1988.
And, whereas, the said Gazette was made available to the public on 24th
May, 1988.
And, whereas, the objections or suggestions, received within the period
specified above have been considered.
Now, therefore, in exercise of the powers conferred by Section 71 of the
Karnataka Excise Act, 1965 (Karnataka Act 21 of 1966), the Government of
Karnataka, hereby makes the following rules, namely.--
Rule - 1. Title and commencement.--
(1)
These rules,
may be called the Karnataka Excise (Sale of Indian and Foreign Liquors)
(Amendment) Rules, 1988.
(2)
They shall
come into force on the first day of July, 1988.
Rule - 2. Amendment of Rule 3.--
In Rule 3 of the Karnataka Excise (Sale of Indian and Foreign Liquors) Rules,
1968 (hereinafter referred to as the said rules),
(1)
for clause
(1), the following shall be substituted, namely.--
"(1) Wholesale licence for vend of Indian Liquor (other than
arrack) or foreign liquor or both.
(a)
A licence
under this clause shall be in Form CL-1 and shall be granted by the Excise
Commissioner.
(b)
The Excise
Commissioner may on payment of an additional licence fee equal to ten per cent
of CL-1 licence fee, permit a licensee under this clause to sell foreign
liquor."
(2)
After clause
(8), the following shall be inserted, namely.--
"(8A) Military Canteen Stores Bonded Warehouse Licence.--
A licence under this clause shall be in Form CL-8A and shall be granted
by the Excise Commissioner, to establish a military canteen stores bonded
warehouse, to import, export and store Indian made liquor (other than arrack)
or foreign liquor without payment of excise duty. The licensee shall
supply or sell the above liquor only after payment of excise duty to other
military canteen stores within the State having CL-8 licence."
(3)
for clause
(11), the following shall be substituted, namely.--
"(11) Distributor licence.--
(a)
A licence
under this clause shall be in Form CL-11 and shall be granted by the Excise
Commissioner to an authorised distributor for any distillery, brewery or winery
established within or outside the State for sale of liquor for the whole or
part of the State.
(b)
No
distillery, brewery or winery shall except with the prior approval of the
Excise Commissioner modify or withdraw the distributorship granted to a
licensee under this clause.
(c)
The Excise
Commissioner may on payment of an additional licence fee equivalent to
twenty-five per cent of CL-11 licence fee, permit a licensee under this clause
to sell foreign liquor.
(d)
Subject to
sub-clause (c), it shall be permissible for a distillery, brewery or winery to
appoint one or more distributors for sale of liquor for the whole or part of
the State."
Rule - 3. Amendment of Rule 8.--
In Rule 8 of the said rules.--
(1)
after Item
8, the following Item shall be inserted namely.--
"8-A Military Canteen Stores Bonded Warehouse
Licence...............Rs. 50,000-00 per year"
(2)
after Item
12, the following Item shall be inserted namely.--
"(13) Distributors licence.............Rs. 1,00,000-00 per
year."
Rule - 4. Substitution of Form CL-1.--
For Form CL-1 of the said rules, the following shall be substituted,
namely.--
"FORM CL-1
Licence for wholesale vend of Indian made liquors
other than arrack, Foreign Liquors or both
Register No...............................
Name of the licence holder:.....................
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Town
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Locality
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Street
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Door No.
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1.................the Excise Commissioner in Karnataka, Bangalore in
consideration of the payment of the prescribed licence fee of Rs.................do
hereby grant and issue.............(hereinafter called the "the
Licensee") at............................(hereinafter called the
"Licenced premises") in the village, town, taluk or district for
possession and wholesale vend of Indian Made Liquor other than arrack or
Foreign liquor or both during the year ending with.................subject to
the conditions specified below:
CONDITIONS
1.
The licensee
shall be bound by the provisions of the Karnataka Excise Act, 1965 and rules
made there under.
2.
The licensee
shall carry on his business in the area specified below (within the District)
3.
The Licensee
shall purchase his liquor only from licenced distillery/brewery/winery located
within the State and/or from a licenced distributor having CL-11 licence. The
licensee shall sell liquors to persons holding CL-2, CL-4, CL-5, CL-6, CL-7,
CL-7A, CL-7B, CL-9 and CL-10.
4.
The licensee
shall sell only the approved brands of liquor.
5.
The licensee
shall sell not less than nine litres of liquor at a time.
6.
The licensee
shall sell liquor only within the area specified in the licence.
7.
The licensee
shall upon requisition by any officer not below the rank of a Sub-Inspector of
Excise bound to produce the original invoice showing the importation of all
kinds of liquor for inspection and to allow the samples of the liquors in the
shop to be tested.
8.
The licensee
shall maintain a true and correct daily accounts of transactions and submit the
returns every month to the concerned Excise Officer within the first week of
next succeeding month.
9.
The licensee
shall continue in force till the.............
10.
The licensee
shall not allow any person to consume liquor in the licenced premises.
11.
The opening
and closing hours of business shall be from 9.00 a.m. to 9.30 p.m.
Office of the Excise Commissioner in Karnataka, Bangalore.
Excise Commissioner/
Deputy Commissioner
Rule - 5. Insertion of Form CL-8A.--
After Form CL-8 of the said rules, the following shall be inserted,
namely.--
"FORM CL-8A
(See Rule 3 (8A))
Licence for military canteen stores bonded
warehouse to Import, Export, Store and supply Indian made foreign liquor (other
than arrack) or Foreign Liquor or both.
Licence No...................................
Name of Licence Holder.............................
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Licenced
premises.--
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Bounded
in the
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East :
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West :
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North
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South :
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I.................................................the Excise
Commissioner in Karnataka, Bangalore in consideration of the prescribed licence
fee of Rs....................do hereby grant and issue
to...................................(hereinafter called the
"Licensee") at ................to establish a Bonded warehouse to
import, export, purchase and deposit or stock Indian Made Liquor (other than
arrack) or foreign liquor or both without payment of excise duty and to
supply/sell such Indian Made Liquor (other than arrack), in wholesale after
payment of excise duty to other Military Canteen stores licensees in Form CL-8
within the State, at the above mentioned premises subject to the following
conditions; namely.--
CONDITIONS
1.
The licensee
shall be bound by the provisions of the Karnataka Excise Act, 1965 add rules
made there under.
2.
The
privilege under this licence extends only for import, export, purchase and
deposit or stock IML (other than arrack) and foreign liquor, without payment of
excise duty and to supply/sell such IML and foreign liquor (other than arrack)
to other Canteen Stores licensees under Form CL-8 within the State after
payment of excise duty.
3.
The licensee
shall purchase liquor only from the
Distilleries/breweries/wineries/distributors licenced in the State.
4.
The licensee
shall import liquor only from licenced Distilleries or other wholesale
licensees or other canteen stores licensees from outside the State.
5.
The licensee
may export liquor without pre-payment of excise duty but subject to payment of
export duty/fee.
6.
The import,
export and transport of liquor shall be covered by the permit issued by the
competent Excise authorities.
7.
The licensee
shall not see less than nine litres of liquor at a time.
8.
No retail
sale or consumption of liquor shall be allowed in the licensed premises.
9.
The licensee
shall pay the establishment and supervisory charges in respect of the Excise
staff posted at the licensed premises in advance once in a quarter.
10.
The licensee
shall upon requisition by any officer not below the rank of Sub-Inspector of
Excise is bound to produce the original invoice showing the importation of all
kinds of liquor for inspection and to allow the samples of the liquors in the
shop to be tested.
11.
The licensee
shall maintain a true and correct daily accounts of transactions and submit the
returns every month to the concerned Excise Officer within the first week of
next succeeding month.
12.
The licence
shall continue in force till.................
13.
The licensee
shall pay excise duty and litre fee etc., on all breakages exceeding one per
cent.
14.
The licensee
shall keep the consignment received under double lock in the Warehouse. ,
15.
Infraction
of the licence conditions by the licensee or his employee will render the
licence holder liable for penalties and cancellation of the licence under the
provisions of the Karnataka Excise Act, 1995.
Office of the Excise Commissioner in Karnataka, Bangalore.
Excise Commissioner/
Deputy Commissioner"
Rule - 6. Substitution of Form CL-11.--
For Form CL-11 of the said rules, the following Form shall be
substituted, namely.--
"FORM CL-11
Distributors Licence for Wholesale vend of Indian made Liquor other than
arrack or Foreign liquor or both
Register No.................................
Name of the licence Holder.......................
Distillery/Brewery licence...........................
No.....................and date................................
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Town
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Locality
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Street
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Door No.
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I................................the Excise Commissioner in Karnataka,
Bangalore in consideration of the payment of the prescribed licence fee of
Rs....................do hereby grant and issue
to..................................................(hereinafter called
"the licensee").................................(hereinafter called
the "licenced premises"), in the village, town, taluk or District for
possession and distribution of Indian Made Liquor other than arrack or Foreign
liquor or both during the year ending with.....................subject to the
following conditions, namely.--
CONDITIONS
1.
The licensee
shall be bound by the provisions of the Karnataka Excise Act, 1965 and the
rules made there under.
2.
The licensee
shall sell only the products of the Distillery/Brewery/Winery for which he is
an authorised Distributor.
3.
The licensee
shall sell the liquor only to a person who is holding CL-1 licence.
4.
The licensee
shall sell the liquor only within............(here specify the area).
5.
The licensee
shall pay the establishment and supervisory charges in respect of the
supervisory staff posted at the licenced premises as fixed by the Excise
Commissioner.
6.
The licensee
shall sell only the approved brands of liquor.
7.
The licensee
shall upon requisition by any officer not below the rank of Sub-Inspector of
Excise to produce the original invoice showing the importation of all kinds of
liquor for inspection and to allow the samples of the liquor in the shop to be
tested.
8.
The licensee
shall maintain the correct daily accounts of transactions and submit the
returns every month to the concerned Excise Officer within the first week of
succeeding month.
9.
The licensee
shall continue in force till the..................
10.
The licensee
shall not allow any person to consume liquor in the licenced premises.
11.
The licensee
shall not sell less than nine bulk litres of liquor at a time in the prescribed
bottles and after recovery of prescribed excise duty.
12.
The opening
and closing hours of business shall be from 9-00 A.M. to 9-30 P.M.
Office of the Excise Commissioner in Karnataka, Bangalore."