KARNATAKA
PROHIBITION (LIQUOR) RULES, 1965
PREAMBLE
In
excise of the powers conferred by Section 124 of the Karnataka Prohibition Act,
1961 (Karnataka Act 17 of 1962) read with Sections 27, 29, 30 32, 33 and 44 of
the said Act and all other powers enabling it in this behalf, the Government of
Karnataka hereby makes the following rules, the draft of the said rules having
been previously published on pages 615 to 715 in Part IV, Section 2-C(i) of the
Karnataka Gazette, dated 3rd June, 1965, as required by sub-section (3) of
Section 124 of the Karnataka Prohibition Act, 1961 (Karnataka Act 17 of 1962),
namely
Rule - 1. Title.
(1)
These rules may be called the
Karnataka Prohibition (Liquor) Rules, 1965.
(2)
These rules shall extend to all the
areas of the State of Karnataka, where the Karnataka Prohibition Act, 1961 is
in force.
Rule - 3. Definitions.
In
these rules, unless the context otherwise requires.
(a)
"Act" means the Karnataka
Prohibition Act, 1961;
(b)
"Club licensee" means a
person holding a club licence under these rules;
(c)
"Duty paid liquor" means
liquor on which duty leviable under the Indian Tariff Act, 1934 or the Customs
Act, 1962 (Central Act 52 of 1962) or the Excise or countervailing duty under
the Act, has been paid and include liquor which is exempted from such duty;
(d)
"Excise Supervision" means
the supervision by the members of the staff of the Prohibition or Excise
Department appointed in that behalf by the authority competent to appoint them;
(e)
"Liquor" includes Foreign or
Indian made liquors of the following kinds, namely.
(i)
Spirits
(ii)
Wines and
(iii)
Fermented Liquors;
(i)
"Spirits" include brandy,
whisky, gin, liquors and milk punch and such other spirits as the State
Government may by notification in the Official Gazette specify;
(ii)
"Wines" means champagne,
moselle, burgundy, chianti, transparent wines, clarets, hocks, riesling, madeira,
ginger wine, port type port, vermouth, sherry and such other wines as the State
Government may by notification in the Official Gazette specify;
(iii)
"Fermented Liquors" means
ale, beer, milk stout, stout, porter, cider and such other fermented liquors as
the State Government may by notification in the Official Gazette specify.
(f)
"Form" means a form appended
to these rules;
(g)
"Licensed premises" means
premises in respect of which a licence has been issued under these rules;
(h)
"Licensee" means a person
who has been granted a licence under these rules;
(i)
"Permit holder" means a
person holding a permit granted under these rules;
(j)
"Prescription" means a
prescription issued by registered medical practitioner;
(k)
"Privileged person" means a
person to whom special permits are granted under Section 34;
(l)
"Sale by wholesale" means
sale to licensed retailers or wholesalers;
(m)
"Section" means a section of
the Act;
(n)
"State" means the State of
Karnataka;
(o)
"Temporary resident" means a
person falling under clause (b) of sub-section (1) of Section 31;
(p)
"Testing Instruments" means
(i)
Cassellas Hydrometers consisting of 5
glass stems graduated from 0 to 20, 20 to 40, 40 to 60, 60 to 80 and 80 to 100
respectively;
(ii)
Cassellas single stem pocket
Hydrometer graduated from 60 to 90;
(iii)
An immersion thermometer;
(iv)
Sikes tables as revised by Col.
Bedfort;
(v)
A glass cylindrical jar capable of
containing about 3/4 of a litre of liquids;
(q)
"Unit" means the quantity of
liquor equivalent to (i) one reputed quart bottle of spirits or (ii) three
quart bottles of wines or vermouth or (iii) [eighteen] quart bottles of
fermented liquors.
PART I
TRADE AND IMPORT LICENCES
Rule - 4. Application for Licences.
Any
person desiring to import and to sell liquor by wholesale shall apply to the
Deputy Commissioner for a trade and import licence in that behalf. The
application shall contain the following particulars, namely.
(a)
Name and address of the Applicant;
(b)
Location of the shop or premises where
he wants to sell liquor, with the number of house or building, name of the
street and name of City or Town;
(c)
Whether to his knowledge any liquor
was sold at such shop or premises in the past and if so the period during which
it was sold;
(d)
Whether the applicant held any trade
and import licence in the past and if so the year and period during which it was
held,
Rule - 5. Grant of Licence.
On
receipt of the application, the Deputy Commissioner may make enquiries for
verification of the details stated in the application and also such other
enquiries as he deems necessary. If he is satisfied that there is no objection
to grant the licence applied for, he may with the previous sanctioned of
the [Commissioner]
grant the applicant a licence in Form L.I. on payment of a fee of Rs. 1,500 per
annum and of such security deposit, if any as may be prescribed by the
Commissioner by regulations made under Section 126.
Rule - 6. Duration of Licences.
No
licence under Rule 5 shall be granted for a period beyond the 31st March next
following the date of the commencement of the licence:
Provided
that for licences sanctioned between 1st April and 30th September, full licence
fee for the year shall be levied and for licences sanctioned on or after the
first day of October only half of the licence fee shall be levied.
Rule - 7. Removal from Customs Manufactory, etc.
No
liquor (a) brought to any port in the State (b) brought to the boundary of the
State for import into any part of the State from any other part of India or (c)
manufactured in a manufactory, distillery or brewery in the State shall be
transported by any trade or import licenses from such port, boundary,
manufactory, distillery or brewery, as the case may be, to his licensed
premises or his warehouse except under a transport permit issued by an Officer
duly authorised in that behalf and on payment of such fee or duty as may be
notified.
Rule - 8. What liquor shall not be kept or sold.
A
trade and import licensee shall not receive or keep in his licensed premises or
in his warehouse any liquor which has not been lawfully removed from a customs
barrier or imported or transported.
Rule - 9. Sale.
A
trade and import licensee.
(1)
shall exhibit at his licensed
premises, a list supplied by the Commissioner from time to time showing the
names and addresses of persons holding licences for the sale of liquor;
(2)
shall not sell liquor to any person
unless such person holds a licence for the sale of liquor or for the possession
and use of liquor for the manufacture of medicinal toilet or other preparations
to which Section 16 applies and produces a transport permit issued by an
Officer duly authorised in that behalf;
(3)
shall not sell liquor to ships going
abroad except out of his stock in bond, if any;
(4)
shall not sell any liquor unless the
buyer produces valid transport or export permit issued by the Deputy
Commissioner;
(5)
shall not sell liquor at prices
exceeding those fixed from time to time by the Commissioner.
Rule - 10. Liquor bottles to be banderolled.
No
bottle containing liquor shall be sold to any person for consumption in the
State unless it is banderolled in such manner as the Commissioner may, from
time to time, direct.
Rule - 11. No drinking on Licensed premises.
A
trade and import licensee shall not permit the consumption of any liquor in or
on the licensed premises or in his warehouse or in any premises connected
therewith that may be in his possession or under his control.
Rule - 12. Racking, etc., not permitted.
No
liquor shall be racked, bottled, blended, reduced, flavoured or coloured by a
trade and import licensee except in accordance with the provisions of the Act
and the rules, regulations and orders made thereunder.
Rule - 13. Adulterated and Spurious Liquor not allowed.
No
trade and import licensee shall adulterate or in any manner cause to
deteriorate any liquor or knowingly receive or keep on licensed premises or in
the warehouse or sell liquor which is or has been adulterated or which has
deteriorated or has been allowed to deteriorate. He shall also not receive,
keep or sell spurious liquor of any kind.
Rule - 14. Working days and hours.
The
licensee shall not on any day carry on his business after 9.30 p.m. 1ST. or
before 9.30 a.m. nor shall he carry on the said business on such days as may be
notified by the Commissioner.
Rule - 15. Transaction under Excise Supervision.
All
transactions pertaining to receipt, storage, purchase and sale of liquor shall
be carried out under the supervision of such Excise or Prohibition authorities
as the Commissioner may direct.
Rule - 16. Appointment of Staff for Excise Supervision.
The [Commissioner]
may appoint such Excise or Prohibition Staff at the licensed premises for
supervision as he deems necessary.
Rule - 17. Combination of other Business not permitted.
The
trade and import licensee shall not in any case combine the business of sale of
liquor with any other business in or at the licensed premises.
Rule - 18. Liquor to be sold in Sealed Bottles.
Liquor
shall not save with the permission of the Commissioner, be kept or sold by a
trade or import licensee except in full corked bottles sealed or capsuled.
Rule - 19. Regulation of Business of Licensee.
(1)
No person shall be recognised as
partner of the trade and import licensee for the purposes of his licence unless
the partnership has been declared to the Deputy Commissioner before the licence
is granted and the names of the partners have been entered jointly in the
licence, or, if the partnership is entered into after the granting of license,
unless the Deputy Commissioner agrees, on application made to him to alter the
licence, and to add the name or names of the partner or partners in the
licence.
(2)
A trade and import licensee shall
carry on his business under the licence either personally or by an agent or
servant duly authorised by him in that behalf by a written Nowkarnama signed by
himself and countersigned by a Prohibition Officer:
Provided
that any such Nowkarnama signed by the licensee shall be valid until
countersignature is refused. If for any reason the Prohibition Officer shall
order the withdrawal of any Nowkarnama issued by the licensee, the Nowkarnama
shall be withdrawn forthwith. For every Nowkarnama issued by him and
countersigned by the Prohibition Officer the licensee shall pay a fee of Re. 1.
No Nowkarnama shall be issued to any person under 18 years of age and no such
Nowkarnama if issued shall be valid.
(3)
(a) A trade and import licensee shall
keep in the licensed premises and also in his warehouse, an up-to-date list
showing the names of all his approved agents or servants.
(b)
The licensee shall keep in the licensed premises in a bound book paged and
stamped with the seal of the Deputy Commissioner such accounts as may be
prescribed by the Commissioner. The accounts shall be clearly and correctly
written up-to-date daily. With these accounts shall be filed the transport
passes under cover of which liquor was received, sold or transported. These
accounts shall be open to inspection by the Deputy Commissioner or any other
Officer empowered under Sections 99 and 101.
(c)
The licensee shall periodically submit such returns as may be prescribed by the
Commissioner,
(d)
The licensee shall keep a complete set of testing instruments for testing
liquor.
(4)
The licensed premises and the
warehouse of a trade and import licensee and all liquor contained in such
premises or warehouse shall at all time be open to inspection by the Deputy
Commissioner and the Prohibition Officers empowered under Sections 99 and 101.
(5)
The licensee shall when called upon by
any Prohibition Officer give an explanation in writing regarding any
irregularity detected at his licensed premises and shall furnish any
information regarding the management of the said premises and shall answer all
reasonable questions to the best of his knowledge and belief. He shall also on
demand, allow an inspecting officer to take without payment samples not
exceeding Vs litre for analysis.
(6)
The licensee shall keep an inspection
book paged and stamped with the seal of the Deputy Commissioner always
available to inspecting officers to enable them to record their remarks. All
inspecting officers should record in the inspection book, the time and date of
their inspection and other remarks relating to the inspection. The licensee
shall on the termination of the period of his license, deliver the inspection
book, the account book and the license to the Prohibition Officer and may
retain the verified and cancelled permits.
(7)
Except with the permission of the
Deputy Commissioner, the licensee shall not sell, transfer or sublease the
right conferred upon him by this license nor shall he in connection with the
said right enter into any agreement or arrangement which in the opinion of the
Deputy Commissioner is in the nature of a sub-lease. If any dispute arises,
whether any agreement or arrangement is in the nature of a sub-lease or not the
decision of the Deputy Commissioner in the matter shall be final and binding on
the licensee.
Rule - 20. Licensee to abide by the Provisions of the Act, etc.
(1)
Every trade and import licensee shall
comply promptly with all orders or directions issued from time to time under
the Act, and the rules and regulations and orders made thereunder.
(2)
Every licensee shall give an
undertaking to the Deputy Commissioner, at the time of taking delivery of the
license, in the form of a counterpart agreement on a duly stamped paper that he
will abide by the provisions of the Act and rules, regulations and orders made
thereunder and that he agrees to abide by all the conditions of the license.
(3)
The licensee or his successors or
assigns shall have no claim whatsoever to the continuance or renewal of the
trade and import license after the expiry of the period for which such license
was granted.
(4)
When a trade or import license is
suspended or cancelled during the currency of the license period or is not
renewed after its expiry, the licensee shall forthwith intimate to the Deputy
Commissioner the quantity of liquors in stock with him. On receipt of such
intimation, the Deputy Commissioner shall instruct the Prohibition Officer or
other authorised officer to verify the stock and seal up the premises where the
stock is stored. The stock will however be deemed to be in the custody of the
ex-licensee who will make arrangements and will be responsible for its safety.
The stock may only be sold with the permission of the Deputy Commissioner to
other licensees; the licensee will not however be allowed to receive fresh
stock after his license expires or is suspended or cancelled, except those
stocks for which transport or import permits have already been issued and which
are in transit. The permission to sell the stock to other licensees will be
subject to the condition that all sums due to the State Government will first
be paid out of the sale proceeds;
Provided
that if there is no demand for the liquor in stock or if it is found to be
unfit for human consumption or adulterated the Deputy Commissioner may order
its destruction.
Rule - 21. Suspension or cancellation of License.
All
licenses granted under Rule 5 may be suspended or cancelled in accordance with
the provisions of Sections 45 and 47.
PART II
RETAILER'S LICENCES FOR SALE OF LIQUOR
Rule - 22. Application for Licence.
Any
person desiring to sell liquor by retail to persons holding licenses or permits
for its possession, consumption or use shall apply to the Deputy Commissioner
for a retailer's license on that behalf. The application shall contain the
following particulars.
(a)
Name and address of the applicant;
(b)
If the applicant is a firm or a company,
the names and addresses of all the partners and Directors of the firm or
company as the case may be;
(c)
Location of the premises where the
applicant intends to conduct the business under the license;
(d)
Whether any liquor was sold to the
knowledge of the applicant at the above place in the past, and if so the year,
and period during which it was sold.
Rule - 23. Grant of Licence and Payment of fee.
On
receipt of the application the Deputy Commissioner may make enquiries for
verification of the details of the application and also such other enquiries as
he deems necessary. If he is satisfied that there is no objection to grant the
license applied for he may, with the previous sanction of the Commissioner
grant the applicant a retailer's license in Form L. II on payment of the fee of
Rs. 3,000 per annum and of such deposit, if any, as may be prescribed by the
Commissioner by regulation made under Section 126.
Rule - 24. Duration of Licences.
No
license under Rule 23 shall be granted for a period beyond the 31st of March
next following the date of the commencement of the license:
Provided
that for licenses sanctioned between 1st April and 30th September full license
fee for the year shall be levied and for licenses sanctioned on or after the
first day of October only half the license fee shall be levied.
Rule - 25. Transactions at the Licensed Premises.
The
licensee shall not transact any business on such days, if any, as may be
notified by the Commissioner.
Rule - 26. Appointment of Staff for Supervision.
The
Deputy Commissioner may with the approval of the Commissioner appoint such
Excise or Prohibition staff at the licensed premises for supervision as he
deems necessary.
Rule - 27. Kinds of Liquor authorised for sale.
No
liquor other than those authorised by the Deputy Commissioner shall be
received, brought, held in stock or sold at the licensed premises.
Rule - 28. Sources of Supply.
Liquor
required for sale under the licence shall be obtained form a person holding a
trade and import licence under these rules or from a distillery or a
manufactory or a brewery [or]
with the special permission of Deputy Commissioner from any other source or
place, All such liquor shall be transported to the licensed premises under a
valid transport or import permit.
Rule - 29. What liquor should not be kept or sold.
(1)
No liquor other than that obtained
under Rule 28 shall be received, kept or sold at the licensed premises.
(2)
No adulterated, deteriorated or
spurious liquor shall be received, kept or sold at the licensed premises.
Rule - 30. To whom Liquor shall or shall not be sold.
(1)
The licensee may sell liquor to
holders of permits or authorisations.
(2)
No liquor shall be sold to any permit
holder unless the permit holder has a corresponding balance of units remaining
unpurchased under his permit during the currency of the month of such sale to
him. The licensee shall on each occasion enter in the permit of the permit
holder, the details of sale of such liquor and sign his name and note his
licence number below such entry,
Rule - 31. Liquor bottles to be banderolled.
No
bottle containing liquor shall be sold from the licensed premises unless it is
banderolled in accordance with the instructions, if any, issued by the [Commissioner].
Rule - 32. No Drinking in the licensed premises.
The
licensee or his agent or servant in charge of the licensed premises shall not
permit liquor to be consumed in such premises.
Rule - 33. Working hours, etc.
The
licensed premises shall be kept open for business between the hours of 9.30
a.m. and 9.30 p.m. on all days.
Rule - 34. Combination of business.
Except
with the special permission of the Deputy Commissioner, the business of selling
liquor at the licensed premises shall not be combined with any other business
in the licensed premises.
Rule - 35. Liquor to be sold in sealed bottles.
Liquor
shall not be kept or sold at the licensed premises except in corked bottles,
sealed, or capsuled.
Rule - 36. Transport permits for liquor.
Unless
permitted under a permit or licence no liquor sold from the licensed premises
shall be transported except under a valid transport permit.
Rule - 37. Regulation of business of licence.
(1)
No person shall be recognised as
partner of the holder of a retailers licence for the purposes of his licence
unless the partnership has been declared to the Deputy Commissioner before the
licence is granted and the names of the partners have entered jointly in the licence
or if the partnership is entered into after the granting of licence, unless the
Deputy Commissioner agrees on application made to him to alter the licence and
to add the name or names of the partner or partners in the licence.
(2)
A holder of a retailer's licence shall
carry on his business under the licence either personally or by an agent or
servant duly authorised by him in this behalf by a written Nowkarnama signed by
himself and countersigned by a Prohibition Officer:
Provided
that any such Nowkarnama signed by the licensee shall be valid until
countersignature is refused. If for any reason the Prohibition Officer shall
order the withdrawal of any Nowkarnama issued by the licensee, such Nowkarnama
shall be forthwith withdrawn. For every Nowkarnama issued by the licensee and
countersigned by the Prohibition Officer a fee of Re. 1 shall be charged. No
Nowkarnama shall be issued to any person under 18 years of age and no such
Nowkarnama, if issued, shall be valid.
(3)
(a) The licensee shall keep in the
licensed premises an up-to-date list showing the names of all his authorised
agents and or servants.
(b)
The licensee shall keep in the licensed premises in a bound book, paged and
stamped with the seal of the Deputy Commissioner, such accounts as may be
prescribed by the Commissioner. The accounts shall be clearly and correctly
written up-to-date daily. With these accounts shall be filed the transport
passes under cover of which liquor was received, sold or transported. These
accounts shall be open to inspection by the Deputy Commissioner or any other
Officer empowered under Sections 99 and 101.
(c)
The licensee shall submit such returns as may be prescribed by the
Commissioner.
(d)
The licensee shall keep a complete set of testing instruments for testing
liquor.
(4)
The licensed premises and all liquor
contained therein shall at all times be open to inspection by the Deputy
Commissioner and Prohibition Officers empowered under Sections 99 and 101.
(5)
The licensee shall, when called upon
by any Prohibition Officer give an explanation in writing regarding any
irregularity detected at his licensed premises and shall furnish any
information regarding the management of the said premises and shall answer all
reasonable questions to the best of his knowledge and belief. He shall also, on
demand, allow an inspecting officer to take without payment samples not
exceeding 1/2 litre or one pint for analysis free of cost.
(6)
The licensee shall keep an inspection
book, paged and stamped with the seal of the Deputy Commissioner always
available to inspecting officers to enable them to record their remarks. All
inspection officers should record in the inspection book the time and date of
their inspection, and other remarks relating to the inspection. The licensee shall
on the termination of the period of his licence deliver the inspection book,
the account book and the licence to the Prohibition Officer and may retain the
verified and cancelled permits.
(7)
Except with the permission of the
Deputy Commissioner the licensee shall not sell, transfer or subject the right
conferred upon him by this licence nor shall he in connection with the said
right enter into any agreement or arrangement which in the opinion of the
Deputy Commissioner is in (he nature of a sub-lease. If any question arises
whether any agreement or arrangement is in the nature of a sub-lease the
decision of the Deputy Commissioner oh such question shall be final and binding
on the licensee.
Rule - 38. Licensee to abide by the Act, etc.
(1)
Every licensee shall comply promptly
with all orders or directions issued from time to time under the Act and the
rules and regulations and orders made thereunder;
(2)
Every licensee shall give to the
Deputy Commissioner, at the time of taking delivery of the licence an
undertaking in the form of a counterpart agreement on a duly stamped paper that
he will abide by the provisions of the Act and rules, regulations and orders
made thereunder and that he agrees to abide by all the conditions of the
licence.
(3)
The licensee or his successors or
assigns shall have no claim whatsoever to the continuance or renewal of the
licence after the expiry of the period for which such licence was granted.
(4)
When the licence is suspended or
cancelled during the currency of the licence period or is not renewed on its
expiry, the licensee shall forthwith intimate the Deputy Commissioner of the
quantity of liquor in stock with him. On receipt of such intimation the Deputy
Commissioner shall instruct the Prohibition Officer or other authorised officer
to verify the stock and seal up the premises where the stock is stored, The
stock will however be deemed to be in the custody of the ex-licensee who will
make arrangements and will be responsible for its safety. The stock may only be
sold with the permission of the Deputy Commissioner to other licensees. The
licensee will not however be allowed to receive fresh stock after his licence
expires or is suspended or cancelled except the stocks for which transport or
import permits have been issued and which are in transit. The permission to
sell the stock to other licensees will be subject to the condition that all
sums due to the State Government will first be paid out of the sale proceeds:
Provided
that if there is no demand for such liquor or if it is found to be unfit for
human consumption or adulterated, the Deputy Commissioner may order its
destruction.
Rule - 39. Suspension or cancellation of Licence.
VII
licences granted under Rule 23 may be suspended or cancelled in accordance with
the provisions of Sections 45 and 47.
Rule - 40. Liquor depot in charge of Officers.
(1)
The State Government may establish
depots for the sale of liquor to persons holding permits for its possession,
consumption or use and locate, such depot in any suitable place and entrust the
business of such depots to such officers as it deems fit.
(2)
No licence shall be necessary for the
possession and sale of liquor in the depot by the officer referred to in
sub-rule (1).
(3)
Subject to the provision of sub-rule
(2) above the Officer-in-charge of the depot shall abide by the rules in this
part and shall also comply with all orders and instructions issued by the [Commissioner],
Deputy Commissioner, Prohibition Officer and other Officers duly empowered in
this behalf in connection with the management of the business relating to the
depot.
PART III
HOTEL LICENSE
Rule - 41. Application for a Hotel Licence.
Any
manager or proprietor of a Hotel, desiring to sell foreign liquor by retail to
permit holders residing or boarding at his hotel, may apply to the Deputy
Commissioner for a hotel license. The application shall contain the following
particulars.
(a)
Name and address of the applicant.
(b)
Name of the hotel, its location with
the number of the house or building, name of street and name of city or town as
the case maybe.
(c)
Whether the hotel held any hotel
licence in the past and if so the period during which it was held.
(d)
Average number of permit holders
residing or boarding at the hotel per day separately. The average shall be
calculated on the total number of such permit holders during the six months
immediately preceding the date of the application.
(e)
Number of the room assigned for sale
and consumption of liquor.
Rule - 42. Grant of licence and its duration.
(1)
On receipt of an application under
Rule 41, the Deputy Commissioner may make enquiries for verification of the
particulars given in the application and also such other enquiries as he deems
necessary. If he is satisfied that there is no objection to grant the license
applied for, he may grant the applicant, with the previous sanction of
the [Commissioner]
a license in Form L. III on payment of a fee of Rs. 2,000 only per annum and of
such deposit as may be prescribed by the Commissioner by regulation under
Section 126.
(2)
No licence under this rule shall be
granted for a period beyond the 31st March next following the date of the
commencement of the licence:
Provided
that for licences sanctioned between 1st April and 30th September full licence
fee shall be levied and [for]
licences sanctioned on or after the first day of October only half of the
licence fee shall be levied.
Rule - 43. Admission of Partners.
No
person shall be recognised as a partner of a hotel licence unless the
partnership has been declared to the Deputy Commissioner before such license is
granted and the names of the partners have been entered jointly in the licence
or if the partnership is entered into after the granting of licence, unless the
Deputy Commissioner agrees on application made to him to alter the licence and
to add the name or names of the partner or partners in the licence.
PART IV
CLUB LICENCE
Rule - 44. Application for a club licence.
The
Secretary of a club or any person duly authorised in that behalf by the club
may, if it is intended to sell liquor at such club, apply to the Deputy
Commissioner for a club licence. The application shall contain the following
particulars, namely.
(a)
Name and the club.
(b)
Location of the club, with the number
of the house or building, name of street and name of city or town as the case
may be.
(c)
Objects of the club.
(d)
Name of the Secretary or other person
authorised by the club to be its principal executive officer.
(e)
Number of members.
(f)
Rules of the club relating to the
election of members, terms of subscription, entrance fee, if any, and hours of
opening.
(g)
Whether the club held any licence in
the past and if so, the year and period during which it was held.
(h)
Average number per day of resident
members, if any, the average should be calculated on the basis of total number
of such residential members during the six months immediately proceeding the
date of the application.
(i)
Number of the room assigned for sale
and consumption of liquor.
Rule - 45. Grant of licence and its duration.
(1)
On receipt of an application, under
Rule 44, the Deputy Commissioner, may make enquiries for verification of the
particulars furnished in the application and such other enquiries as he deems
necessary, and if he is satisfied that there is no objection to grant the
licence applied for, he may with the previous approval of the [Commissioner] grant a licence in Form L. IV to the
Secretary or other authorised person on payment of a fee of Rs. 300 per annum
and of such deposit as may be prescribed by the Commissioner by regulation made
under Section 126.
(2)
No licence shall be granted for a
period beyond 31st March next following the date of commencement of the
licence:
Provided
that for licences sanctioned on or between 1st April and 30th September full
licence fee for the year shall be levied and for licences sanctioned on or
after the first day of October only half of the licence fee shall be levied.
PART V
COMMON RULES FOR HOTEL AND CLUB
LICENCES
Rule - 46. Employment of Servants.
(1)
The business of selling foreign liquor
at a hotel or club shall be carried on by the licensee personally or by an
agent or servant duly authorised by him in this behalf, by a written Nowkarnama
signed by himself and countersigned by a Prohibition Officer:
Provided
that any such Nowkarnama signed by the licensee shall be valid until such
countersignature is refused.
(2)
Such Nowkarnama shall be forthwith
withdrawn by the licensee if so ordered by the Prohibition Officer for any
reason. For every Nowkarnama issued by him and countersigned, by the
prohibition officer of the licensee shall pay a fee of Re. 1.
(3)
No Nowkarnama shall be issued to any
person under 18 years of age and no Nowkarnama if issued shall be valid.
Rule - 47. Source of supply.
Liquor
required for a licensed hotel or a club shall not be bought except from a
person holding a trade and import licence and shall not be transported except
under a transport permit issued by the Deputy Commissioner or other Authorised
Officer.
Rule - 48.
(1)
A hotel or club licensee shall not
keep or sell in the licensed premises, liquor of any kind which he is not
authorised to buy under the licence or keep or sell liquor in any place except
in the licensed premises.
(2)
No adulterated, deteriorated or
spurious liquor of any kind shall be received, stored or sold by the licensee.
Rule - 49. Manner of sale.
Liquor
may be sold in milliliters of 100 or 50 capacity at a hotel or club for
consumption only in the room assigned for that purpose. However a club licensee
may also sell liquor in sealed bottles.
Rule - 50. Maintenance of accounts and inspection thereof.
(1)
There shall be maintained in the
licensed premises accounts of daily transactions. Such accounts shall be kept
in a bound book, paged and stamped with the seal of the Deputy Commissioner.
The licensee will also submit every month before the tenth of the month's brief
returns of the accounts relating to the previous month
(2)
The licensed premises and the liquor
stored therein and all accounts and registers and books maintained in respect
of such liquor by the licensee shall at all times be open for inspection by any
officer empowered under Sections 99 and 101. The licensee shall give an
explanation to such officer in respect of any irregularities noticed by him
during inspection.
(3)
The licensee shall, when called upon
by any Prohibition Officer give an explanation in writing, regarding any
irregularity detected at the licensed premises and shall furnish any
information regarding the management of the licensed premises and answer all
reasonable questions to the best of his knowledge and belief. The licensee
shall also, on demand, allow an Inspecting Officer on written requisition to
take without payment samples for analysis, not exceeding 1/8th litre or 4 ozs.
free of cost.
(4)
The licensee shall keep an inspection
book, paged and stamped with the seal of the Deputy Commissioner always
available to inspecting officers to enable them to record their remarks. All
inspecting officers should record in the inspection book, the time and date of
their inspection and other remarks relating to their inspection. The licensee
shall on the termination of the period of his licence deliver up the inspection
book, account book and the licence to the Prohibition Officer and may retain
the verified and cancelled permits.
Rule - 51. Appointment of staff for supervision.
The
Deputy Commissioner may appoint such staff for supervision at the licensed
hotel or club premises as he deems necessary.
Rule - 52. Closure of premises.
(1)
A hotel or club licensee shall close
the licensed premises on such days and during such hours as may be notified by
the [Commissioner]
under the Act.
(2)
The licensee may also, of his own
accord, close the licensed premises during riot or disturbance or epidemics in
the neighbourhood thereof.
(3)
The licensee shall not be entitled to
claim any compensation on account of the closure of the licensed premises under
this rule.
Rule - 53. Prohibition regarding drunkenness, etc.
No
drunkenness or gambling in or near the room which has been assigned for the
sale of liquor shall be permitted by the licensee nor shall any disorderly
persons be allowed to remain therein.
Rule - 54. Sale to permit holders.
(1)
(a) A licensee shall not sell liquor
to any person except a permit holder residing or boarding at the hotel or in
the case of a club, to its resident member holding a permit. No sale of liquor
shall be made to a permit holder unless a permit holder has got a corresponding
balance of units remaining unpurchased under his permit during the month of
such sale to him.
(b)
All licensees shall enter the details of sale of liquor to any permit holder in
the permit of such permit holder.
(2)
A licensee shall not sell or serve
liquor except between 10 a.m. and 11 p.m.
(3)
A licensee shall not sell or supply or
attempt to sell or supply any liquor to or for the use of a permit holder who
is insane or is known or believed to be intoxicated.
Rule - 55. Licensee to abide by the Act, Rules, etc.
A
licensee shall abide by all the conditions of the licensee and the provisions
of the Act and the rules, regulations and orders made thereunder and shall give
to the Deputy Commissioner at the time of taking delivery of the licence an
undertaking in the form of a counterpart agreement on a duly stamped paper to
that effect.
Rule - 56. No claim to renew a Licence.
A
licensee or his successors or assigns shall have no claim whatsoever to the
continuance or renewal of the licence as the case may be after the expiry of
the period for which such licence was granted.
Rule - 57. Cancellation of Licence.
All
licences may be suspended or cancelled in accordance with the provisions of
Sections 45 and 47.
Rule - 58. Unsold Liquor.
When
a licence is suspended or cancelled during the currency of the licence period
or is not renewed on its expiry, the licensee shall forthwith intimate the
Deputy Commissioner of the quantity of liquor in stock with him. On receipt of
such intimation the Deputy Commissioner shall instruct the Prohibition Officer
or other authorised officer to verify the stock and seal up the premises where
the stock is stored. The stock will, however, be deemed to be in the custody of
the ex-licensee who will make arrangements and will be responsible for its
safety. The stock may only be sold with the permission of the Deputy
Commissioner to other licensees. The licensee will not however be allowed to
receive fresh stock after his licence expires, or is suspended or Cancelled,
except the stocks for which transport or import permits have been issued and
which are in transit. The permission to sell the stock to other licensees will
be subject to the condition that all sums due to the State Government
will/first be paid out of the sale proceeds:
Provided
that if there is no demand for such liquor or if it is found to be unfit for
human consumption or adulterated the Deputy Commissioner may order its
destruction.
PART VI
PERMITS FOR POSSESSION, USE AND
CONSUMPTION OF LIQUOR
Rule - 59. Description of permits.
Permits
of the following kinds for the possession, use and consumption of liquor may be
granted under these rules, namely.
(a)
Temporary resident's [Foreigner's]
permits
(b)
Health permits
(c)
Emergency permits
(d)
Special permits for privileged persons
(e)
Tourist permits
(f)
Interim permits.
Rule - 59-A. Area of operation of permits.
[Any of the aforesaid permits shall be valid through out
the areas in which the Act is in operation or in such area or areas as may be
specified by the authority granting the permit.]
Rule - 60. Temporary- Resident's (Foreigner's) permits.
(1)
Any temporary resident desiring to
possess, use and consume liquor may apply to the Deputy Commissioner in Form
L(A)1. The form may be obtained from the office of the Deputy Commissioner on
payment of a fee of Re. 1.
(2)
(a) On receipt of the application, the
Deputy Commissioner shall satisfy himself that the applicant is not a minor, is
a temporary resident and that he fulfils the other conditions of Section 31,
(b)
The Deputy Commissioner shall make such other enquiries as he deems necessary.
(3)
If the Deputy Commissioner on making
the necessary enquiries is satisfied that there is no objection, he may in
consultation with the District Prohibition Officer of the District and in
conformity with the orders, if any, of the State Government and the [Commissioner]
grant the applicant on payment of a fee of Rs. [20]
in Form L.V. a permit for the possession, use and consumption of liquor.
(4)
No permit shall be granted for a
period beyond the 31st March next following the date of its commencement:
Provided
that for permits granted between the 1st April and 30th September full fee for
the year shall be charged and for permits granted on or after the 1st day of
October half the fee shall be charged.
(5)
The permits shall be granted for such
monthly quantity not exceeding [six]
units as the Deputy Commissioner may fix in each case.
(6)
The permit holder shall not possess at
any one time any quantity of liquor exceeding that fixed in his case by the
Deputy Commissioner under sub-rule [(5)].
(7)
The privileges of purchase and
possession of liquor granted under the permit shall extend only so far as they
are incidental to its use or consumption in accordance with these rules and the
conditions of the permit.
(8)
(a) Liquor permitted for consumption
under the permit shall not, except with the permission of the Deputy
Commissioner be obtained from any place other than a Government depot or a
licensee.
(b)
The permit holder shall get all purchases of liquor entered in his permit by
the Officer-in-charge of the Government depot or the licensee as the case may
be.
(9)
Whenever a permit holder leaves the
State for more than 3 months during the currency of the permit period, he
shall, before leaving the State, deposit with the Deputy Commissioner, his
permit and stock of liquor if any held by him thereunder and obtain a receipt
therefor. The stock so deposited shall be kept by the Deputy Commissioner in
safe custody and marked with such distinguishing marks as he may deem fit. If
the permit holder returns to the State before the expiry of the period of the
permit, the permit and the stock so deposited shall be returned to him on
production of the receipt.
(10)
A permit holder shall give to the
Deputy Commissioner at the time of taking delivery of the permit granted under
sub-rule (3) above, an undertaking in the form of a counterpart agreement on a
duly stamped paper that he will abide by the provisions of the Act and the
rules, regulations and orders made thereunder.
(11)
A permit may be cancelled or suspended
in accordance with the provisions of Sections 45 and 47.
(12)
Where the permit is cancelled or
suspended during the currency of the permit period or is not renewed after its
expiry, the permit holder shall surrender forthwith the whole of the unconsumed
stock of liquor to the Deputy Commissioner. The stock so surrendered shall be
sold by the Deputy Commissioner in such manner as he thinks fit and the
proceeds of the sale shall after deducting the expenses and any sum due to the
State Government be returned to the permit holder:
Provided
that if there is no demand for such liquor or if it is found to be unfit for
human consumption or adulterated the Deputy Commissioner may order its
destruction.
Rule - 61. Health permit.
[(1) Any person not being a minor desiring to possess, use
and consume liquor for the preservation or maintenance of his health, shall
where he is below 30 years of age make an application in Form L(A). 2 to the
Deputy Commissioner and shall appear before the Medical Board for medical
examination and where he is not below 30 years of age make a similar
application to the Deputy Commissioner or any officer authorised in this behalf
and send it to the Deputy Commissioner or the authorised officer along with a
certificate in Form M.C. from any Registered Medical Practitioner. The
applicant shall obtain the form of application from the Office of the Deputy
Commissioner or the Officer authorised in this behalf on payment of a fee of
Re. 1.
(2) An applicant who
is below 30 years of age shall pay such other sums as have to be paid by him
under the Karnataka Prohibition (Health and Drug Permits) Medical Board Rules,
1966.
(3) On receipt of
the application, the report of the medical examination, the record connected
therewith and the certificate of the Medical Board in respect of persons who
are below 30 years of age and from the Registered Medical Practitioner in
respect of others who are not below 30 years of age, the Deputy Commissioner or
the authorised officer shall satisfy himself;
(a)
that the applicant is not a minor;
(b)
that the applicant requires liquor for
preservation or maintenance of his health.
The
Deputy Commissioner or the authorised officer may also make such other
enquiries as he deems necessary.
(4)
If the Deputy Commissioner or the
authorised officer is satisfied that there is no objection, he may in
conformity with the orders of the State Government, Commissioner and the
Karnataka Prohibition (Health and Drug Permits) Medical Board Rules, 1966, and after
taking into consideration the recommendation of the Medical Board or the
Registered Medical Practitioner, as the case may be, grant the applicant on
payment of a fee of Rs. 20 per annum, a permit in Form L. VI for the
possession, use and consumption of liquor, for the preservation or maintenance
of his health.
(5)
Permits to persons who are below 30
years of age shall be valid for one year only at a time. Permits to persons who
are not below 30 years of age may be made valid for two years at a time, after
recovering fees at Rs. 20 per annum.
(6)
(a) A permit holder who is below 30
years of age desiring to renew the permit after the expiry of the period, for
which it was granted, shall make a fresh application. The provisions relating
to examination by a Medical board shall apply to such applicant.
(b)
A permit holder who is not below 30 years of age desiring to renew the permit
after the expiry of the period, for which it was granted, shall make a fresh
application along with a certificate from a Registered Medical Practitioner.
The provisions of sub-rules (1) and (3) of this rule shall apply to such
applicant.
(7)
No permit under this rule shall be
granted for a quantity exceeding that recommended by the Medical Board or the
Registered Medical Practitioner, as the case may be:
Provided
that such quantity shall not exceed,
(a)
2 units to permit holders aged below
30 years of age;
(b)
3 units to permit holders aged not
below 30 years of age but below 40 years of age; and
(c)
4 units to permit holders aged not
below 40 years of age.
In
case of difference of opinion between the members of the Board as to the
quantity in respect of persons below 30 years of age, the Deputy Commissioner
may grant the quantity recommended by the majority of the members.
(8)
The privileges of purchase and
possession of liquor granted under the permit shall be extended only so far as
they are incidental to its use or consumption in accordance with these rules
and the conditions of the permits,
(9)
The liquor purchased under the permit
shall be used or consumed by the permit holder solely by himself and shall not
be sold or given to or allowed to be used or consumed by any other person,
(10)
(a) Liquor permitted for use and
consumption under a permit granted under this rule shall not be obtained from a
place other than a Government Depot or a licensed hotel or club or a shop
holding a retailer's licence.
(b)
The permit holder shall get all purchase of liquor entered in his permit by the
Officer-in-charge of the Government Depot or the licensee as the case may be.
(11)
The permit holder shall not at any
time during the currency of any permit possess any quantity of liquor exceeding
that which he is permitted to use and consume during any month.
(12)
The permit holder shall give to the
Deputy Commissioner or the authorised officer at the time of taking delivery of
the permit an undertaking in the form of a counterpart agreement on a duty
stamped paper that he will abide by the provisions of the Act and rules,
regulations and orders made thereunder and that he agrees to abide by all the
conditions of the permit.
(13)
A permit may be suspended or cancelled
in accordance with the provisions of Sections 45 and 47, Where a permit is
suspended or cancelled during its currency or is not renewed on its expiry, the
permit holder shall forthwith surrender the whole unconsumed liquor to the
Deputy Commissioner or the authorised officer. The stock so surrendered shall
be sold by the Deputy Commissioner or the authorised officer in such manner as
he thinks fit. And the proceeds of the sale shall, after deducting the expenses
and any sum due to Government be returned to the permit holder:
Provided
that if there is no demand for such liquor or if it is found to be unfit for
human consumption or adulterated the Deputy Commissioner or the authorised
officer may order its destruction.]
Rule - 62. Health Permits to Visitors.
[(1) Notwithstanding anything contained in Rule 61 a
licence in Form L, VI may be granted by the Deputy Commissioner or an officer
authorised in this behalf for such period as he deems fit, on the application
of any visitor not being a minor from any other State in India on payment of a
fee of Rs. 10 per month or portion of a month:
Provided
the applicant is in possession of a similar permit in the State from which he
comes:
Provided
further that the quota of liquor to be permitted to be consumed under the
licence in Form L. VI does not exceed the unpurchased quota under the original
permit.
(2) Notwithstanding
anything contained in Rule 61, a temporary licence in Form L. XIII valid for
not more than 30 days from the date of issue may be granted by the Deputy
Commissioner or an officer authorised in this behalf to a person coming from an
area where the Karnataka Prohibition Act, 1961, is not in force and who does
not hold a permit issued in any State in India, to be in force during the
period of stay in the area where Karnataka Prohibition Act is in force, after
recovery of a licence fee of Rs. [2]:
[Provided that the grantee shall be above twenty-one years
of age and the grantee shall give a declaration or affirmation that.
(a)
he is coming from an area where the
Act is not in force;
(b)
he is habituated to the use of liquor;
and
(c)
he requires the liquor for the
preservation and maintenance of his health:
Provided
further that where the duration of stay of such visitor exceeds a week, the
grantee shall produce a Medical Certificate from a Registered Medical
Practitioner that he requires liquor for the preservation and maintenance of
his health].]
[(3) The Commissioner or an Officer authorised in this
behalf, may grant a health permit to a person not being a minor, residing in an
area where the Act is not in force, and who frequently visits an area where the
Act is in force, on payment of a fee of rupees twenty per annum. The provision
of Rule 61 shall apply mutatis mutandis to the grant of such health permit.]
Rule - 63. Emergency Permit.
(1)
Any person desiring to possess Brandy,
Rum or Champagne, for his own use or for the use of his household as medicine
on emergent occasions may apply to the Deputy Commissioner in Form L(A) 3. He
may obtain such form from, the Office of the Deputy Commissioner on payment of
a fee of Re. 1.
(2)
On receipt of the application, the
Deputy Commissioner may make such enquiries as he deems necessary and if he is
satisfied that there is no objection, grant the applicant on payment of a fee
of Rs. 5 a permit in Form L. VII for the possession of Brandy, Rum or Champagne,
as the case may be, for medicinal use on emergent occasions:
Provided
that the applicant is not a minor and no permit shall be granted to more than
one person of a household at any one time.
(3)
No permit under sub-rule (2) shall be
granted for a period beyond 31st March next following the date of the
commencement of the permit and for a quantity exceeding 1/5th of litre of
Brandy, or Rum for six months or 2/5th of litres of champagne for 6 months.
(4)
A permit holder desiring to renew his
permit shall make a fresh application in that behalf and the provisions of
sub-rules (1) to (3) of this rule shall apply to such application.
(5)
No Brandy, Rum or Champagne shall be
purchased or obtained by a permit holder who renews his permit under Rule [4]
if he has already in his possession, the maximum quantity of liquor permitted
under sub-rule (3).
(6)
The privileges of purchase, transport,
and possession of Brandy, Rum or Champagne granted under the permit shall
extend only so far as they are incidental to its use of consumption in
accordance with these rules and the conditions of the permit.
(7)
The liquor purchased under the permit
shall be used solely by the permit holder and the members of his household:
Provided
that the permit holder may allow the use or consumption of liquor in respect of
which the permit has been granted, to any other person who requires the use
thereof for medicinal purpose on emergent occasions:
Provided
further that when the permit holder so allows the use or consumption of liquor
held by him under the permit to any other person he shall intimate the said
fact in writing to the Officer-in-charge of the nearest Police Station within
24 hours of such use or consumption.
(8)
The permit holder shall not obtain
Brandy, Rum or Champagne except from a Government Depot or from a holder of a
retailer's licence. He shall get all purchases of such liquor entered in his
permit by the Officer-in-charge of the Government Depot or the holder of a
retailer's licence as the case may be.
(9)
The permit holder shall abide by the
conditions of the permit and the provisions of the Act, Rules, regulations and
orders made thereunder and shall give an undertaking to that effect.
(10)
The permit may be suspended or
cancelled in accordance with the provisions of Sections 45 and 47.
(11)
In case the permit is suspended or
cancelled during its currency or is not renewed on its expiry, the permit
holder shall surrender forthwith the whole of the unused stock of liquor to the
Deputy Commissioner. The stock so surrendered shall be sold by the Deputy
Commissioner and the proceeds of sale shall after deducting the expenses and
any sum due to the State Government be returned to the permit holder:
Provided
that if there is no demand for such liquor or if it is found to be unfit for
human consumption or adulterated, the Deputy Commissioner may order its
destruction,
Rule - 64. Special permit for privileged persons.
(1)
Any privileged person desiring to
possess, use or consume liquor shall apply either himself or through his
representative to the State Government or an officer authorised by the State
Government to grant permits under Section 34 of the Act in Form L (A)4 which
shall be supplied to him free of cost.
(2)
On receipt of the application the
authority receiving the application shall, after satisfying itself, grant the
applicant a permit in Form L. VIII for the possession, use and consumption of
liquor.
(3)
The permit may be granted for a period
not extending beyond the 31st of March next following the date of commencement
of the permit.
(4)
The permit may be granted without
restriction as to the quantity.
(5)
The privileges of purchase and
possession of liquor granted under the permit shall extended only so far as
they are incidental to its use or consumption in accordance with these rules
and the conditions of the permit.
(6)
Liquor permitted for consumption under
the permit shall ordinarily be obtained by the permit holder from his own stock
in customs, bond or from the stock in customs bond of a trade and import
licensee:
Provided
that the authority granting the permit may permit the permit holder to obtain
liquor from any other source or place.
(7)
The permit holder shall on relinquishing
charge of his office or on his ceasing to be a person falling under any of the
categories mentioned in sub-rule (1) above, surrender his permit together with
the stock of liquor held by him thereunder to the Deputy Commissioner. The
stock of liquor so surrendered may with the permission of the Commissioner be
handed over to the permit holder's successor in office or shall be disposed of
in such manner as the Commissioner may direct:
Provided
that nothing in the sub-rule shall apply to any person falling under clause (a)
or his consort and clause (b) or his consort in Section 34 of the Act.
(8)
The permit holder shall enter in his
permit the quantity of liquor obtained by him from time to time, if it is
obtained from his own stock in customs bond and if it is obtained from any
other place the quantity of liquor so obtained shall be entered in the permit
by the liquor licensee concerned.
(9)
In the event of any permit holder
going out of the State for more than two months, the stock of liquor held by
turn, under the permit shall be disposed of in such manner as the [Commissioner]
may direct.
Rule - 65. Tourist Permit.
(1)
Any tourist holding Tourist
Introduction card or Tourist visa and visiting the State of Karnataka may if he
desires to possess, use or consume liquor, apply to the Deputy Commissioner or
any other officer authorised in this behalf in Form L (A) 7, which form shall
be supplied to him free of cost.
(2)
On receipt of the application, the
Deputy Commissioner or the authorised officer shall satisfy himself that the
applicant is a Tourist and if he sees no objection grant him a permit in Form
L(A)8 for the possession, use and consumption of liquor free of charge:
Provided
that no such permit shall be granted to a minor.
(3)
The permit shall be granted for the
period of the applicant's intended stay in the State of Karnataka, but not
exceeding two months in any case.
(4)
The permit shall be granted for a
quantity not exceeding one unit per week.
(5)
The permit holder shall not possess at
any one time any quantity of liquor in excess of the quantity specified in the
permit.
(6)
The privileges of purchase, transport
and possession of liquor granted under the permit shall extend only so far as
they are incidental to its use or consumption in accordance with these rules
and conditions of the permit.
(7)
The liquor permitted for consumption
under the permit shall not except with the previous permission of the
Commissioner be obtained from any place other than a Government depot or a
holder of a licence.
(8)
The permit holder shall get the
details entered in his permit of all liquor obtained by him from time to time
by the Officer-in-charge of the Government depot or a holder of a licence as
the case may be or by the officer issuing the permit in any other case,
(9)
The permit shall be liable to
suspension or cancellation in accordance with the provisions of Sections 45 and
47.
(10)
Where a permit is suspended or
cancelled during its currency, the permit holder shall surrender forthwith the
whole of the unused stock of liquor to the Deputy Commissioner. The stock so
surrendered shall be sold by the Deputy Commissioner and the proceeds of the
sale shall after deducting the expenses and any sum due to the State Government
be returned to the permit holder:
Provided
that if there is no demand for such liquor or it is found to be unfit for human
consumption or adulterated, the Deputy Commissioner may order its destruction.
Rule - 66. Interim Permit.
(1)
Any person who is eligible for a
temporary resident's [foreigner's]
permit, health permit or special permit, for privileged personages and desires
to possess or use or consume liquor, may apply to the Deputy Commissioner or
any other Officer authorised in this behalf in Form L(A)5 for an interim
permit, while applying for a regular permit under any of the said rules.
(2)
On receipt of the application, the
Deputy Commissioner or the Authorised Officer shall satisfy himself,
(i)
that such applicant is not a minor and
(ii)
that the applicant is prima facie
eligible for a permit under Sections 31,32 and 34 as the case may be.
(3)
If the Deputy Commissioner or the
officer authorised under sub-rule (1) is satisfied that there is no objection
to grant an interim permit pending the disposal of the application for a
regular permit applied for under sub-rule (1) above, he may grant the applicant
a permit in Form L.IX, for the possession, use and consumption of liquor on
payment of a fee of Rs. 5.
(4)
No such permit shall be granted for a period
exceeding one month.
(5)
The permit shall be granted for such
monthly quantity of liquor as the Deputy Commissioner may fix:
Provided
that such quantity shall not exceed 2 units of liquor per month if the
application is for a health permit to 4 units of liquor per month in other
cases except with the sanction of the [Commissioner].
(6)
The permit holder shall not possess at
any one time any quantity of liquor exceeding that which has been fixed in his
case by the Deputy Commissioner or other authorised officer under sub-rule (5).
(7)
The privileges of purchase and
possession of liquor granted under the permit shall extend only so far as they
are incidental to its use or consumption in accordance with these rules and the
conditions of the permit.
(8)
Liquor permitted for consumption under
the permit shall not except with the previous permission of the [Commissioner]
be obtained from any place other than a Government depot or a hotel or club
licensee or a holder of a retailer's licence as the case may be.
(9)
The permit holder shall abide by the
conditions of the permit and the provisions of the Act and the rules,
regulations and orders made thereunder and shall give an undertaking to that
effect.
(10)
The permit may be suspended or
cancelled in accordance with the provision of Sections 45 and 47.
(11)
Where a permit is suspended or
cancelled, during the currency of the permit period the permit holder shall
surrender forthwith the whole of the unconsumed stock of liquor to the Deputy
Commissioner and the proceeds of the sale shall after deducting the expenses
and any sum due to the State Government be returned to the permit holder:
Provided
that if there is no demand for such liquor or if it is found to be unfit for
human consumption or adulterated the Deputy Commissioner may order its
destruction.
PART VII POSSESSION AND USE OF BRANDY AND RUM
BY INDUSTRIAL, EDUCATIONAL, SCIENTIFIC, RESEARCH OR SUCH OTHER INSTITUTIONS OR
BY A PILOT OF AN AIRCRAFT OR BY A PERSON IN CHARGE OF AN AMBULANCE OR A
FIRST-AID STATION FOR RENDERING FIRST-AID FOR MEDICINAL PURPOSE IN ANY
EMERGENCY
Rule - 67. Application for License.
Any
person in charge of an Industrial, Educational, Scientific, Research or such
other Institution or a pilot of an aircraft or any person in charge of an
ambulance or a first-aid station desiring to possess and use Brandy and Rum for
rendering first-aid or for emergent medicinal purpose shall apply to the Deputy
Commissioner in Form L(A)6. He may obtain such form from the Deputy
Commissioner on payment of a fee of Re. 1.
Explanation.
"First aid Station" means any place recognised as such by the State
Government.
Rule - 68. Grant of licence.
On
receipt of an application, the Deputy Commissioner may make such enquiries as
he deems necessary and if he is satisfied that there is no objection, he may in
conformity with the orders of the State Government and the Commissioner if any
issued in that behalf, grant the applicant, on payment of a fee of Re. 1 a
licence in Form L.X.
Rule - 69. Limit of Possession and Purchase.
The
Deputy Commissioner may fix the quantities of Brandy or Rum or both (a) which
the licensee may possess at any one time and (b) which he may purchase during a
calendar month:
Provided
that without the previous sanction of the Commissioner, the quantity which he may
possess at any one time shall not exceed 1/2 litre each of Brandy and Rum and
the quantity which may be purchased during a month shall not exceed one litre
each of Brandy and Rum.
Rule - 70. Duration of licence.
No
licence under Rule 68 shall be granted for a period beyond 31st March next
following the date of the commencement of the licence.
Rule - 71. Source of Supply.
A
licensee shall not obtain Brandy or Rum except from a Government Depot or from
a holder of a retailer's licence:
Provided
that the Commissioner may permit him to obtain it from any other place.
Rule - 72. Use.
The
Brandy or Rum purchased under the licence shall not be used except for
rendering first-aid or for medicinal purpose in any emergency. The licensee may
use or consume such Brandy or Rum and also allow consumption or use of such
Brandy or Rum by any person urgently requiring it on bona fide medical grounds
or for rendering first aid.
Rule - 73. Register of Use.
The
licensee shall maintain a register of use of Brandy and Rum in which he shall
enter day-to-day particulars in respect of the following.
(a) Date, month and year;
(b) Opening balance of
Brandy and Rum;
(c) Quantity purchased of
Brandy and Rum;
(d) Total quantity of
Brandy and Rum;
(e) Total quantity of
Brandy and Rum used during the day;
(f) Closing balance of
Brandy and Rum;
(g) Name and addresses of
persons to whom Brandy and Rum was administered during the day;
(h) Quantity of Brandy or
Rum administered to each person (to be shown against his name);
(i) Reasons in details
which necessitated administration of Brandy or Rum (to be shown against the
name of each person);
(j) Signature of the
licensee.
Rule - 74. Unused Stock.
The
licensee shall on the termination of his licence, deliver the quantity of
Brandy and/or Rum remaining unused with him, the register maintained under Rule
73, and the licence to the Deputy Commissioner. The quantity of Brandy and Rum
so delivered shall be sold by the Deputy Commissioner and the proceeds of the
sale shall after deducting the expenses and, any sum due to the State Government
be returned to the licensee:
Provided
that the unconsumed stock of liquor is, in the opinion of the Deputy
Commissioner fit for consumption and unadulterated:
Provided
further that if there is no demand for such liquor or if it is found to be
unfit for human consumption or adulterated the Deputy Commissioner may order
its destruction.
Rule - 75. Licensee to abide by the provisions of the Act etc.
(1) The licensee shall
comply with all orders or directions issued from time to time by the
Commissioner, Deputy Commissioner, Prohibition Officer or any other Authorised
Officer.
(2) Every licensee shall
give to the Deputy Commissioner, at the time of taking delivery of the licence
an undertaking in the form of a counterpart agreement on a duly stamped paper
that he will abide by the provisions of the Act and rules, regulations and
orders made thereunder and that he agrees to abide by all the conditions of the
license.
PART VIII CONSUMPTION AND SALES OF LIQUOR ON
STEAMERS
Rule - 76. Bringing of liquor by passengers on coastal ships on steamers etc.
(1) No passenger on Board
any vessel, boat, launch, ship, steamer, plying on the coast of the State shall
possess any liquor while such vessel, boat, launch, ship and steamer is in the
territorial waters of the State unless such possession is covered by a valid
permit.
(2) The stock of liquor
in all coastal ships or steamers shall be sealed by the Captain, or any one
authorised by the Captain before the ship or steamer touches any harbour in the
State and no sale or consumption from such stock should be made while such
steamer is in any port in the State.
(3) No license or permit
shall be required for sale, purchase, possession, use or consumption of liquor
on board of such steamer or ship when the steamer or ship is beyond the
territorial waters of India.
(4) The captain of the
steamer or ship shall be responsible for the observance of the above rules.
Rule - 77. Foreign Steamers and Through Steamers.
(1) The stock of liquor
in any foreign steamer or through steamer or with any through passengers or
crew thereof, if it touches any harbour in the State shall be sealed in
consultation with the customs authority as soon as it enters the territorial
waters of the State.
(2) No sale or
consumption from such stock should be made while such steamer is in any port of
the State and visitors and disembarking passengers are on board the steamer.
(3) After the
disembarking passengers and visitors have left the steamers, the sealed stock
of liquor shall be released for consumption by through passengers and the crew.
(4) No person other than
the through passenger or the crew shall possess, use consume liquor on board
such steamer.
(5) No licence or permit
shall be required for sale, purchase, possession, use or consumption of liquor
on board such steamer if it is in accordance with the above rules.
(6) If the steamer
terminates its voyage at any port in the State, the stock of liquor in the Bar
of the steamer shall be sealed by the customs authorities and shall not be
released until the steamer leaves the port on outward voyage.
(7) Sale and consumption
of liquor on such steamer shall not be permitted after the steamer enters any
port nor before it leaves that port. The Captain of the steamer as well as the
Proprietor or the Manager of the Bar shall be responsible for the observance
the rule.
Explanation.
In this rule, steamer includes any ship or other vessel but does not include
any man of war or other public vessel sailing under a foreign flag.
PART IX
POSSESSION, CONSUMPTION, USE AND SALE
OF LIQUOR ON PRESCRIPTIONS
Rule - 78. Application for Licence to dispense Brandy or-Rum on prescription.
Any
registered medical practitioner or chemist, druggist, apothecary or dealer in
medicinal preparations desiring to dispense brandy or rum on prescription may
apply to the Deputy Commissioner for a license in that behalf and may dispense
brandy or rum after the grant of a license under Rule 79 of these rules. The
application shall contain the following particulars, namely.
(a)
Name and address of the applicant;
(b)
Location of the premises where brandy
or rum will be dispensed with, the name of the building, street, city, town or
village as the case may be;
(c)
If the applicant is a registered
medical practitioner, the number of registration and the year in which he was
registered;
(d)
Kinds of licenses held, if any, by the
applicant under the Karnataka Prohibition Act, 1961 and the Dangerous Drugs
Act, 1930.
Rule - 79. Grant of Licence.
(1)
On receipt of the application under
Rule 78, the Deputy Commissioner may make enquiries for verification of the
details stated in the application and also such other enquiries as he deems
necessary. If he is satisfied that there is no objection to grant the license,
he may grant the license in Form L. XI on payment of a, fee of Rs. 10 if the
applicant is a registered medical practitioner and of Rs. 20 if the applicant
is a chemist, druggist, apothecary or dealer in medicinal preparations.
(2)
The Deputy Commissioner may fix the
quantities of brandy or rum or both (1) which the licensee may possess at any
one time and (2) which he may purchase during a month:
Provided
that except with the previous permission of the Commissioner, the quantity
which may be possessed at any one time shall not exceed one litre bottle each
of brandy and rum and the quantity which may be purchased during a month shall
not exceed two litres of each of brandy and rum.
Rule - 80. Duration of license.
No
license under Rule 79 shall be granted for a period beyond 31st March next
following the date of the commencement of the license.
Rule - 81. Source of supply.
(1)
No person holding a license in Form L.
XI shall obtain brandy or rum except from a Government Depot or from a holder
of a retailers license.
(2)
The licensee shall preserve cash memos
and permits relating to the purchases of brandy or rum received by him during
the period of the licence.
Rule - 82. What Brandy or Rum shall not be kept.
The
licensee shall not receive or keep in his licensed premises any brandy or rum
which has not been obtained or transported in accordance with the provisions of
the Act or the rules, regulations or orders made thereunder.
Rule - 83. Dispensing on Prescriptions only.
(1)
The licensee shall not dispense brandy
or rum to any person except on prescription issued in the name of such person
and except as one of the ingredients of the medicine given under the
prescription:
[Provided that a registered medical practitioner shall not
prescribe or dispense brandy or rum for his own use or consumption on a
prescription issued by him in his own name.]
(2)
The licensee shall not dispense brandy
or rum to any person other than the person in whose name the prescription is
issued and in any quantity exceeding that specified therein:
Provided
that the licensee may deliver the medicine so dispensed by him to a person
other than the person specified in the prescription if such other person is
authorised by the medical practitioner or the person in whose name the
prescription is issued to take delivery of the medicine and endorse such other
person's name on the cash memo referred to in sub-rule (6) of this rule.
(3)
The licensee shall not dispense brandy
or rum on a prescription unless the prescription is in writing and is dated and
signed by a registered medical practitioner with his full name, registration
number, qualifications and address and the name and address of the person to
whom it is issued and the total quantity of brandy or rum to be dispensed as
one of the ingredients of medicine is specified in such prescription.
(4)
(a) No brandy or rum shall be
dispensed by he licensee not being a registered medical practitioner unless the
prescription is marked with words "not to be repeated":
Provided
that brandy or rum may be dispensed more than once to the same person in
pursuance of a fresh prescription duly dated and signed by the registered
medical practitioner in accordance with sub-rule (3) above.
(b)
The licensee shall not, except with the previous sanction of the Deputy
Commissioner, dispense brandy or rum to the same person for a period of more
than ten consecutive days.
(5)
The licensee shall mark on every
prescription dispensed by him, his name and the locality of the premises
wherein he carries on the business and the date on which it was dispensed.
(6)
The licensee not being a registered
medical practitioner shall, on each occasion on which he dispenses brandy or
rum retain the original prescription on his record, give a cash memo in Form A.
(7)
The licensee shall file and preserve
all prescriptions for a period of one year from the date of issue of
prescription upon which brandy and rum has been dispensed by him, and shall
produce such prescription along with the license and stock of Brandy or Rum
which may be in his possession for inspection on demand by the Deputy
Commissioner or any other officer empowered under Section 101.
Rule - 84. Register of sale.
(1)
[A] licensee not being a registered medical practitioner,
shall maintain a register, wherein, he shall from time to time, record the full
name and address of the registered medical practitioner whose prescriptions
prescribing brandy or rum were dispensed by him and of the persons in whose
name such prescriptions were issued and also the quantity of brandy or rum
dispensed by him by the prescriptions.
(2)
The licensee who is a registered
medical practitioner shall maintain a register wherein he shall from time to
time record the full names and addresses of the persons in whose name the
prescription prescribing brandy or rum was issued and also note the quantity of
brandy or rum dispensed by him.
(3)
The licensee shall also maintain a
register wherein he shall write from day-to-day, true and proper accounts of
the quantity of brandy or rum dispensed by him and the balance held by him in
stock.
(4)
The licensee shall before the 7th day
of each calendar month furnish to the Deputy Commissioner or such other Officer
as may be appointed in this behalf, a copy of the entries made by him in such
register during the preceding calendar month.
Rule - 85. Transport without permit by Registered Medical Practitioner.
If
the licensee is a registered medical practitioner, he may, without a permit,
carry with him from place to place within the State 'for the purpose of
dispensing during the course of his practice, any quantity of Brandy or Rum not
exceeding one-half litre of each.
Rule - 86. Regulation of Business.
(1)
(a) The licensee shall maintain an
inspection book, paged and stamped with the seal of the Deputy Commissioner or
with the seal of any Authorised Officer within whose jurisdiction the licensed
premises are situated;
(b)
The inspecting officers may record in the inspection book any remarks when
inspecting the licensed premises.
(2)
The licensee, shall, on the
termination of the period of his license deliver up the quantity of brandy or
rum remaining unsold with him, the inspection book, the accounts, registers and
licenses to the Deputy Commissioner. The quantity of brandy or rum so delivered
shall be paid by the Deputy Commissioner and the proceeds of the sale, shall
after deducting the expenses and any sum due to the Government be returned to
the licensee:
Provided
that the unconsumed stock is in the opinion of the Deputy Commissioner fit for
consumption and unadulterated:
Provided
further that if there is no demand for such liquor or if it is found to be
unfit for human consumption or adulterated, the Deputy Commissioner may order
its destruction.
(3)
No person shall be recognised as the
partner of the licensee for the purpose of the licensee, unless the partnership
has been declared to the Deputy Commissioner before the license is granted and
the name or names of the partners have been entered Jointly in the licence,, or
if the partnership is entered into after the granting of the licence, unless
the Deputy Commissioner agrees on application made to him to alter the licence
and add the names of the partners in the license.
Explanation.
For the purpose of this sub-rule the term licensee shall not include a
registered medical practitioner holding a licence under Rule 79.
Rule - 87. Licensee to abide by the Provisions of the Act etc.
(1)
The licensee shall comply with all
orders and directions issued from time to time by the Commissioner, Deputy
Commissioner or any other Prohibition Officer.
(2)
The licensee shall at the time of
taking delivery of the licence give to the Deputy Commissioner an undertaking
in the form of a counterpart agreement on a duly stamped paper that he will
abide by the provisions of the Act and rules, regulations and orders made
thereunder and that he agrees to abide by all me conditions of the licence.
Rule - 88. Sale of champagne and Port Wine on prescription.
(1)
Champagne and Port Wine may be sold at
any Government depot on the production of a prescription:
Provided
that where there is no Government Depot, Champagne and Port Wine may likewise
be sold by any holder of a retailer's licence on obtaining a licence in that
behalf under Rule 89.
(2)
No licence shall be necessary for sale
on prescription of champagne and Port Wine by the Officer in charge of the
Government Depot. The officer in charge shall however abide by the rules in
this part and shall also comply with all orders and instructions issued by the
Commissioner, Deputy Commissioner, Prohibition Officer or any other officer
duly empowered in this behalf,
Explanation.
For the purpose of this rule and Rules 89 and 90, a prescription shall mean a
prescription issued in Form 'B' by a registered medical practitioner who is a
family physician of the person for a period of not less than one year
immediately preceding the date of such prescription.
Rule - 89. Application for licence to sell champagne and port wine on prescription.
(1)
Subject to the provisions of Rule 88,
any holder of a retailer's license in Form L. II desiring to sell Champagne and
Part Wine on a prescription may apply to the Deputy Commissioner for a licence
in that behalf and may dispense champagne and Port Wine after a licence under
this rule is granted. The application shall contain the following particulars.
(i)
Name and address of the applicant;
(ii)
Number of the retailer's license held
by the applicant;
(iii)
Location of the premises in respect of
which the applicant holds the retailer's licence.
(2)
On receipt of the application, the
Deputy Commissioner may make enquiries for verification of the details stated
in the application and also such other enquiries as he deems necessary. If he
is satisfied that there is no objection to grant the licence, he may, grant the
applicant license in Form L. XII on payment of a fee of Rs. 20.
(3)
The licensee shall not sell Champagne
or Port Wine to any person except on the production of a prescription. The
provisions of Rules 80, 81, 82, 83, 84, 86 and [87]
shall as far as may be apply in respect of a license granted in Form L [(XII)].
Rule - 90. Possession of Brandy, Rum, Champagne,[xxx][30] Port Wine etc.
(1)
Any person may without a licence,
permit or pass, buy, possess, transport, or consume or use.
(a)
any medicine containing such quantity
of Brandy or Rum as has been dispensed to him under a prescription; or
(b)
any Champagne or Port Wine sold to him
on a prescription in accordance with the provision of this part;
(2)
The purchase, possession and transport
of medicine containing brandy or rum or of champagne or port wine by a person
on behalf of an infirm or invalid person or any other person who is not*
physically fit shall be permitted without a license, permit or pass provided
that (1) the infirm or invalid or physically unfit person is a person in whose
name a prescription prescribing medicine containing such brandy or rum or
prescribing champagne or port wine has been issued; and (2) the name and
address of the person purchasing, possessing or transporting are endorsed by
the licensee on the original prescription as well as on the cash memo in Form A
referred to in sub-rule (6) of Rule 83.
Rule - 91. Repeal and Savings.
All
rules corresponding to the foregoing rules framed under any enactment repealed
by sub-section (1) of Section 129 of the Act are hereby repealed:
Provided
that the repeal shall not affect.
(a)
the previous operation of the rules so
repealed or anything duly done or suffered thereunder; or
(b)
any right, privilege, obligation or
liability acquired, accrued or incurred under any rule so repealed; or
(c)
any penalty forfeiture or punishment
incurred in respect of any offence committed against any rule so repealed; or
(d)
any investigation or legal proceeding
or remedy in respect of any such right, privilege, obligation, liability,
penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may
be instituted, continued or enforced and any such penalty, forfeiture or
punishment may be imposed as if such rules had not been repealed:
Provided
further that subject to the preceding proviso anything done or any action taken
(including any appointment or delegation made, notification, order,
instructions or direction issued, form, certificate obtained, permit or licence
granted or registration effected under any such rules shall be deemed to have
been done or taken under the corresponding provisions of these rules and shall
continue to be in force accordingly, unless and until superseded by anything
done or any action taken under the Act or these rules as the case may be.
FORM A
[See Rule 83(6)]
Cash
Memo.
No.........
(1) Name and address of
the licensee.........
(2) No. of licence in
Form L. 12...........
(3) Name and address of
the person to whom prescribed.........
(4) Name and address of
the Registered Medical Practitioner by whom prescribed..........
(5) Name and address of
the person to whom delivered.........
(6) Prescription No. and
date..........
(7) The kind and quantity
of liquor prescribed.........
(8) Amount
received........
Signature
of the licensee or his authorised agent or servant.
FORM B
[See Rule 88]
Prescription
of a Registered Medical Practitioner for champagne and port wine.
(1)
Prescription number and
date...................
(2)
Name and address of the Registered
Medical Practitioner and his registration number...................
(3)
Name and address of the person in
whose favour the prescription is issued...................
(4)
Nature of illness or pain
necessitating the use of champagne or port-wine and the period of such illness
or pain...................
(5)
Quantity recommended for use per
day...................
(6)
Period for which such use is
necessary...................
Signature
of the Registered
Medical
Practitioner.
Note.
The maximum quantity of champagne or port wine permitted for purchase,
possession consumption or use shall not exceed 1 1/2 litres in the aggregate
during any one month.
Register of sale
[See Rule 84(1)]
Register
maintained by a licensee not being a registered medical practitioner showing
full names and addresses of registered medical practitioners whose
prescriptions prescribing Brandy or Rum are dispensed by the licensee and of
persons in whose names such prescriptions were issued.
Licence
No......
Name
of licensee........
|
Date
|
Prescription
|
Name of registered medical practitioners whose prescriptions
prescribing brandy or rum are dispensed by the licensee.
|
Name of the persons in whose names prescriptions referred to in column
(3) were issued
|
Quantity dispensed on prescription
|
Cash Memo No.
|
|
No.
|
Date
|
Full Name
|
Address
|
Registration No.
|
Full Name
|
Address
|
Brandy
|
Rum
|
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
|
|
|
|
|
|
|
|
|
|
|
Register of Sale
[See Rule 84(2)]
Register
maintained by a licensee being a Registered Medical Practitioner showing full
names and addresses of persons in whose names prescriptions prescribing brandy
or rum are issued.
License
No...........
Name
of the licensee...................
|
Date
|
Prescription
|
Names of persons in whose names prescriptions prescribing brandy or rum
are issued
|
Quantity on dispensed prescription
|
Name of registered medical practitioners on whose prescriptions brandy
or rum is dispensed
|
|
No.
|
Date
|
Full Name
|
Address
|
Brandy
|
Rum
|
Full Name
|
Address
|
Registration No.
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
|
|
|
|
|
|
|
|
|
|
Register of day-to-day Account
[See Rule 84(3)]
Register
of day-to-day accounts showing the quantity of Brandy or Rum dispensed and the
balance held in stock by the licensee Licence No......... Name of the
licensee........
|
Date
|
Opening Balance
|
Quantity received
|
Total
|
|
|
Brandy Rum
|
No. of the transport permit under which received
|
Brandy Rum
|
Brandy Rum
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
Quantity dispensed on prescription
|
dosing balance
|
Initials of the licensee
|
Remarks
|
|
Brandy Rum
|
Brandy Rum
|
|
|
|
(5)
|
(6)
|
(7)
|
|
Register of Sale
[See Rule 89(3)]
Register
showing full names and addresses of registered medical practitioners on whose
prescription champagne and port wine were sold by the licensee and of the
persons to whom they were so sold.
Licence
No..........
Name
of the licensee.........
|
Date
|
Prescription
|
Names of registered medical practitioners on whose prescriptions
champagne or port-wine is sold by licensee
|
Names of persons to whom champagne or port-wine is sold on prescription
|
|
No.
|
Date
|
Full name
|
Address
|
Registration No.
|
Full name
|
Address
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
Quantity prescribed and sold
|
Cash memo
|
Total quantity sold on prescriptions during the day
|
Whether the total quantity has been entered in the stock register of
the licensee and if so at what page
|
Initials of the licensee
|
Remarks
|
|
Champagne
|
Port-wine
|
Champagne
|
Port-wine
|
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
(10)
|
Register of day-to-day Account
[See Rule 89(3)]
Register
of day-to-day accounts showing the quantity of champagne and port-wine sold on
prescription and the balance held in stock.
Licence
No........
Name
of the licensee........
Champagne
Port
wine
|
Date
|
Opening Balance
|
Quantity received during the day
|
No. of transport permit under which quantity shown in column (3) is
received
|
Total (total of columns (2) and (3))
|
|
Port-wine
|
Champagne
|
Port-wine
|
Champagne
|
|
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
|
Quantity sold on prescription
|
Closing balance (column (5) minus column (6))
|
Initials of the licensee
|
Remarks
|
|
Champagne
|
Port-wine
|
Champagne
|
Port wine
|
|
(6)
|
(7)
|
(8)
|
(9)
|
|
|
|
|
|
|
|
|
|
|
|
FORM L.I
[See Rule 5]
Licence
No.......of
19........19......
Ordinary
trade and import licence for the removal from the customs house and for the
import and sell in wholesale of all liquors (potable) and not to be drunk on
the premises.
Licence
is hereby granted under and subject to the provisions of the Karnataka
Prohibition Act, 1961 and the rules, regulations and orders made thereunder
to...................of.............(hereinafter called "the
licensee") on payment of a fee of Rs...........and a deposit of
Rs..........in advance authorising him to remove from the customs-house and to
import and sell by wholesale liquor at his premises situated
at................(hereinafter referred to as "the licensed
premises") from..............to 31st day of March............(both days
inclusive) subject to the following conditions.
CONDITIONS
(1)
The licensee shall not sell liquor at
any place other than licensed premises, nor shall he stock liquor in any place
except in the licensed premises or if specially permitted in writing by the
Deputy Commissioner at the licensed warehouse if any which is situated at the
place specified below. He shall keep separate accounts of stocks of liquor kept
at the warehouse. A consolidated account of stocks of liquor at the licensed
premises and the warehouse shall also be maintained by him. Stocks of liquor
shall be transported from the warehouse to the licensed premises under permits
issued by a Prohibition or other officer,, duly authorised in this behalf. In
no case shall the licensee sell liquor from such warehouse.
Situation of warehouse
(2)
The licensee shall pay to Government
in advance at the beginning of each quarter, commencing from the date of
license, such cost of the staff, if any appointed at the licensed premises for
the purpose of supervision as may be fixed by the [Commissioner]
from time to time.
(3)
The expenses if any in respect of
supervision for transporting liquor to the licensed premises shall also be paid
by the licensee.
(4)
The licensee shall furnish such
information in connection with his business under the licence as may be
required by the [Commissioner].
(5)
The licensee shall comply with all
orders and instructions issued to him by the Prohibition Officers.
(6)
This licence is valid only after the
licensee executes the counterpart agreement as required by the rules.
(7)
Except with the permission of the Deputy
Commissioner the licensee shall not sell, transfer or sub-lease, his right of
selling connection with the said right, enter into any agreement or arrangement
which is in the nature of a sub-lease. If any question arises whether any
agreement or arrangement is in the nature of a sub-lease the decision of the
Deputy Commissioner on such question shall be final and binding on the
licensee.
(8)
The licensee shall affix to the front
of his licensed premises a signboard bearing his name, the number of licensed
premises and the location thereof.
(9)
The licensee, his heirs, successors or
assigns shall have no claim whatsoever to the continuance or renewal of the
licence after the expiry of the period for which it is granted. It shall be
entirely within the discretion of the Deputy Commissioner to permit or not the
assignees of the licence in case of a sale or transfer or the heirs of
successors of the licensee, in case of death to have the benefit of the licence
for the unexpired portion of the term for which it is granted.
Granted
this.........day of..........19.......
Deputy
Commissioner,..............District.
Station.
Seal
of the Deputy Commissioner.
FORM L.II
[See Rule 23]
Licence
No. 19. 19.
Retailer's
Licence for the Sale of Liquor.
Licence
is hereby granted under and subject to the provisions of the Karnataka
Prohibition Act, 1961 and the rules, regulations and orders made thereunder,
to.......................................................of..................................................................(hereinafter
called "the Licensee") on payment of a fee of Rs..............and
deposit of Rs..........in advance authorising him to sell liquor at his
premises situated at.............(hereinafter called "the Licensed premises")
during the period from............to 31st March, 19 (both days inclusive)
subject to the following conditions namely.
CONDITIONS
(1)
The licensee shall carry on the
business of selling liquor at the licensed premises either personally or by
agent or servant duly authorised by him in this behalf by a written nowkarnama
signed by himself and countersigned, by a Prohibition Officer; provided that
any such nowkarnama signed by the licensee shall be valid unless and until such
countersignature is refused. If for any reason the Deputy Commissioner shall
order the withdrawal of any nowkarnama issued by the licensee, the nowkarnama
will be withdrawn. For every nowkarnama issued by him and countersigned, the
licensee shall pay a fee of Re, 1. No nowkarnama shall be issued to any person
under 18 years of age, and no such nowkarnama, if issued, shall be valid.
(2)
The licensee shall if required by the
Deputy Commissioner pay to the State Government in advance at the beginning of
each quarter commencing from the date of the licence, such cost of the staff,
if any appointed at the licensed premises for the purpose of supervision as may
be fixed by the [Commissioner].
(3)
Except with the permission of the
Deputy Commissioner the licensee shall not sell, transfer or sub-lease, his
right of selling liquor conferred upon him by the licence, nor shall he in
connection with the said right enter into any agreement or arrangement which is
in the nature of a sub-lease. If any question arises whether any agreement or
arrangement is in the nature of a sub-lease the decision of the Deputy
Commissioner on such question shall be final and binding on the licensee.
(4)
The licensee shall affix to the front
of his licensed premises a signboard bearing his name, the name of the licensed
premises and the location thereof.
(5)
The licensee, his heirs, successors or
assigns shall have no claim whatsoever to the continuance or renewal of the
licence after the expiry of the period for which it is granted. It shall be
entirely within the discretion of the Deputy Commissioner to permit or not the
assignees of the licensee in case of sale or transfer or the heirs or
successors of the licensee in case of death to have the benefit of the licence
for the unexpired portion of term for which it is granted.
(6)
The licensee shall not sell liquor at
any place other than the licensed premises nor shall he stock liquor in any
place except in the licensed premises or if specifically permitted in writing
by the Deputy Commissioner at the licensed warehouse which is situated at the place
specified below. He shall keep separate accounts of stocks of liquor kept at
the warehouse. A consolidated account of stocks of liquor at the licensed
premises and the warehouse shall also be maintained by him. Stocks of liquor
shall be transported from the warehouse to the licensed premises tinder permits
issued by a Prohibition or other officer duly authorised in this behalf. In no
case shall the licensee sell liquor from such warehouse.
Situation of Warehouse
(7)
the expenses if any in respect of supervision
for transporting liquor to the licensed premises shall be paid by the licensee.
(8)
The licensee shall sell liquors at
prices not exceeding those that may be fixed from time to time by the [Commissioner].
(9)
The licensee shall furnish such
information in connection with his business under the licence as may be
required by the [Commissioner],
(10)
The licensee shall comply with all
orders and instructions issued to him by the Prohibition Officer.
(11)
This licence is valid only after the
licensee executes the counterpart agreement as required by Rule 20.
(12)
A licensee shall not sell any liquor
except for cash.
(13)
A licensee or his authorised agent or
servant shall make out a cash memo in duplicate which shall be signed by the
licensee or his authorised agent or servant.
(14)
The original copy of the cash memo
shall be handed over to the permit holder and the duplicate copy shall be
retained by the licensee for his record.
(15)
The cash memo shall clearly show.
(a)
the name of the licensee, his licence
number and the nature of permit held by him;
(b)
the name of the permit holder and the
permit number and the nature of permit held by him;
(c)
the details regarding the brand and
quantity of liquor sold;
(d)
the amount charged in respect of the
sale of liquor to the permit holder.
(16)
The duplicate copies of cash memo
shall at all reasonable times be open to Inspection by a Prohibition Officer or
other officer empowered under Section 101 of the Karnataka Prohibition Act.
Granted
this...........day of.........19........
Station:
Date:
Deputy
Commissioner,..............District.
Seal
of the Deputy Commissioner.
FORM L. III
[See Rule 42]
No..........19........19.........
Licence
for the sale at a hotel of liquors on which excise duty has been paid.
Licence
is hereby granted under and subject to the provisions of the Karnataka
Prohibition Act, 1961 and the rules, regulations and orders made thereunder
to......................of.........(hereinafter called "the
licensee") on payment of a fee of Rs..........and a deposit of
Rs..........in advance authorising him to sell the following liquors during the
period from...........to 31st March, 19........(both days inclusive) at his
hotel situated at.............subject to the following conditions.
CONDITIONS
(1)
The licensee shall not sell liquor for
consumption on the licensed premises except in the Room No..........assigned
for that purpose. He shall not allow any drinking to continue in the said room
outside the hours of sale. Any liquor remaining in the said room unconsumed
during unauthorised hours of sale shall be destroyed.
(2)
No liquor other than that sold by the
licensee shall be allowed to be consumed in the said room.
(3)
The licensee shall not sell liquor
except to permit holders residing or boarding at the hotel.
(4)
The licensee shall pay to the State
Government in advance at the beginning of each quarter commencing from the date
of the licence such cost of the Excise Staff, if any, appointed at the hotel as
may be fixed by the [Commissioner].
(5)
(a) The licensee shall give immediate
information to the nearest police officer of every person visiting his hotel
whom he suspects to have committed an offence under the Act and of every act committed
at the hotel tending to disturb the public peace.
(b)
The licensee shall write in a bound book, paged and sealed with the Deputy
Commissioner's seal, the name of every person, who comes to reside at the hotel
with the dates of his arrival and departure. Such book shall always be open to
inspection by an officer duly empowered under Section 101 of the prohibition
Act. If any person who comes to reside at the hotel refuses to give his name,
information of the fact shall be given to the District Superintendent of
Police.
(6)
The licensee shall at all times keep
the hotel and all appurtenances there to in clean and decent condition and the
licensee shall comply with any directions issued by the [Commissioner]
in that behalf.
(7)
The licensee shall furnish such
information in connection with his business under the license as may be
required by the [Commissioner]
or Deputy Commissioner from time to time.
(8)
The licensee shall comply with all
lawful orders and instructions issued to him by the Prohibition Officers.
(9)
This license may be suspended or
cancelled in accordance with the provisions of Sections 45 and 47 of the
Karnataka Prohibition Act, 1961.
(10)
This licence is valid only after the
licensee executes the counterpart agreement as required by the rules.
(11)
Except with the permission of the
Deputy Commissioner the licensee shall not sell, transfer or sub-lease. The
right of settling liquor conferred upon him by this licence, nor shall be in
connection with the said right, enter into any agreement or arrangement which
is in the nature of a sublease. If any question arises whether any agreement or
arrangement is in the nature of a sub-lease the decision of the Deputy
Commissioner on such question shall be final and binding on the licensee.
(12)
The licensee shall affix to the front
of his licensed premises a signboard bearing his name, the number of the
licensed premises and the location thereof.
(13)
The licensee, his heirs, successors or
assigns shall have no claim whatsoever to the continuance or renewal of the
license after the expiry of the period for which it is granted. It shall be
entirely within the discretion of the Deputy Commissioner to permit or not, the
assignee of the licensee in case of sale or transfer, or the heirs or
successors of the licensee, in case of death, to have the benefit of the
licence for the unexpired portion of the term for which it is granted.
Granted
this........day of........19.......
Station:
Deputy
Commissioner,..............District.
Seal
of the Deputy Commissioner.
FORM. L. IV
[See Rule 45]
No.........19........19..........
Licence
for the sale of Liquors at a Club
Licence
is hereby granted under and subject to the provisions of the Karnataka Prohibition
Act, 1961 and the rules, regulations and orders made thereunder
to................Secretary of the...........club (hereinafter called "the
licensee") on payment of a fee of Rs...........and a deposit of
Rs.............in advance authorising him to sell the following liquors during
the period from..........to 31st March, 19........in........club situated
at...........(hereinafter called "the licensed premises") subject to
the following conditions namely.
CONDITIONS
(1)
Liquors permitted to be sold under
this licence are as follows.
(a)
Wines.........
(b)
Fermented liquors.........
(c)
Spirits........
(2)
(a) The licensee shall not sell
liquors to persons other than the members of the club who are holders of
permits. He shall not make any sale of liquor to any such member unless the
member has got a corresponding balance of units remaining unpurchased against
his permit during the month of such sale to him.
(b)
The licensee shall enter the details of sale of liquor to any member in the
permit of any such member.
(c)
The licensee shall maintain a register of members who hold permits and state
therein their permit number and units sanctioned to them.
(d)
The licensee shall in the said register enter the details of liquor sold to
each member from day-to-day.
(3)
The licensee shall not sell or serve
liquor except between the hours of 10 a.m. and 11 p.m.
The [Commissioner]
shall have the right of restricting or varying the hours of sale of liquor as
he may deem necessary and such alteration in the hours of sale shall not
entitle the licensee to any compensation.
(4)
(a) The licensee shall not sell liquor
for consumption on the licensed premises except in Room No. assigned for that
purpose. He shall not allow any drinking to continue in the said room outside
the hours of sale. Any liquor remaining in the said room unconsumed during
unauthorised hours of sale, shall be destroyed.
(b)
The licensee shall not sell liquor to a member who is insane or known or
believed to be intoxicated.
(5)
No liquor other than that sold by the
licensee shall be allowed to be consumed in the said room.
(6)
(a) The licensee shall not receive as
consideration or a part thereof for the sale of any liquor, any wearing apparel
or ornaments or any other thing except coins, currency notes or cheques.
(b)
The licensee or his agent or servant duly authorised in this behalf shall make
out a cash memo in duplicate signed by himself or his agent or servant as the
case may be and by the permit holder in respect of liquor sold to any member and
shall give the first copy of the memo to such member and retain the duplicate
with himself.
(c)
The cash memo, shall clearly show the name of the club, the name of the member,
his permit number, details regarding the brand and the quantity of liquor sold
and the amount charged.
(d)
The duplicate copies of the cash memos made out under clause (b) shall at all
reasonable times be open to inspection by the [Commissioner],
Deputy Commissioner, Prohibition Officer or any other Officer empowered under
Section 101 of the Karnataka Prohibition Act, 1961.
(7)
The licensee shall pay to the State
Government in advance at the beginning of each quarter commencing from the date
of the licence such cost of the excise staff, if any, appointed at the club as
may be fixed by the [Commissioner].
(8)
(a) The licensee shall give immediate
information to the nearest police Officer of every person visiting his club
whom he suspects to have committed an offence under the Act and of every act
committed at the club tending to disturb the public peace.
(b)
The licensee shall write daily in a bound book, paged and sealed with the seal
of the Deputy Commissioner, the name of every person who comes to reside at the
club with the dates of arrival and departure. Such books shall always be open
to inspection by any officer duly empowered under Section 101 of the Karnataka
Prohibition Act, 1961.
(9)
The licensee shall at all times keep
the licensed premises and all appurtenances thereto in a clean and decent
condition and the licensee shall comply with any direction issued by the Deputy
Commissioner in that behalf. The licensee shall furnish such information in
connection with his business under the licence as may be required by the [Commissioner]
from time to time.
(10)
The licensee shall furnish such
information in connection with his business under the licence as may be
required by the [Commissioner]
from time to time.
(11)
The licensee shall comply with all
orders and instructions issued to him by the Prohibition Officers.
(12)
It shall be entirely in the discretion
of the Deputy Commissioner to renew or not to renew the licence at the
expiration of the term for which it has been granted.
(13)
(a) The licence may be suspended or
cancelled in accordance with the provisions of Sections 45 and 47 of the
Karnataka Prohibition Act, 1961.
(b)
In case the licence is suspended or cancelled during the currency of the
licence period or is not renewed on its expiry the licensee shall forthwith
intimate the Deputy Commissioner,, of the quantity of the liquor in stock with him.
On receipt of such information, the Deputy Commissioner shall instruct the
Prohibition Officer or other Officer to verify the stock and seal up the
premises. The stock will, however, be deemed to be in the custody of the
ex-licensee who will make arrangements and will be responsible for its safety.
The stock may only be sold with the permission of the Deputy Commissioner to
other licensees. The licensee will not, however, be allowed to receive fresh
stock after his license expires, or is suspended or cancelled except the stocks
for which the transport or import permits have been issued and which are in
transit. The permission to sell the liquor to other licensees will be subject
to the condition that all sums due to the Government will first be paid out of
the sale proceeds. This licence is valid only after the licensee executes the
counterpart agreement as required by the rules.
Granted
this...........day...........19......
Deputy
Commissioner,.............District.
Station.
Seal
of the Deputy Commissioner.
*Here
specify the room or place assigned for sale, storage and consumption of liquor.
FORM L.V
[See Rule 60(3)]
Temporary
resident's permit............of........19.......19
Temporary
resident's permit to possess and use liquor for personal consumption.
Mr./Mrs./Miss.........................residing
at.................(hereinafter called the "permit holder") having
paid a fee of Rs....................only, is hereby granted a permit subject to
the provisions of the Karnataka Prohibition Act 1961 and the rules and
regulations and orders made thereunder authorising him/her to buy, possess,
transport consume and use liquor within the State of Karnataka during the
period from...................to...................(both days inclusive)
subject to the following conditions, namely.
(1)
The permit holder shall not use more
than....................units of liquor during any month.
(2)
The quantity that may be possessed
under the permit at any one time shall not exceed...................units of
liquor.
(3)
The permit holder shall not obtain
liquor required by him from any place other than a Government depot or license
holder, except with the previous permission of the [Commissioner].
(4)
No holder of a permit except the
holder of an emergency permit shall drink in a public place or in any vehicle
parked in a public place or in any room in a hotel or in any institution to
which the public have access.
(5)
The permit holder shall not allow the
use or the consumption of any part of the quantity of liquor held by him/her under
the permit to any other person who is not the holder of a permit to any other
person who is not the holder of a permit under Sections 31, 34, 37 and 38 of
the Act
(6)
This permit shall accompany the stock
of liquor held thereunder to any place where it is removed from the permit
holder's residence,
(7)
The permit holder shall abide by the
conditions of this permit and the provisions of the Karnataka Prohibition Act,
1961 and the rules, regulations and orders made thereunder.
(8)
The permit holder should not be drunk
and/or incapable of taking care of himself or found behaving in a disorderly
manner under the influence of drink in any street or thoroughfare or public
place or in any place to which the public have or permitted to have access.
(9)
The permit may be cancelled or
suspended in accordance with the provisions of Sections 45 and 47 of the
Karnataka Prohibition Act, 1961.
Seal
of the Deputy Commissioner.
Date........
Place........
Deputy
Commissioner,
..............District.
Specimen
signature of the permit
holder............
(Reverse
of the Temporary Resident's Permit)
Details
of purchase of Liquor
|
Date of Purchase
|
Quantity purchased
|
Fermented liquors
|
Total quantity in units, that is total of columns (2), (3) and (4)
|
Signature and address of the licensed seller
|
Remarks
|
|
Spirits
|
Wines
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
FORM L. VI
[See Rule 61(3)]
Health
permit No. of...............19........
Health
permit to possess and use liquor for personal consumption.
Sri/Smt./Kumari.........................residing
at..................(hereinafter called "the permit holder") having
paid a fee of Rs....................is hereby granted a permit under and
subject to the provisions of the Karnataka Prohibition Act, 1961, and rules,
regulations and orders made thereunder authorising him/her to buy, possess,
transport, consume and use liquor within the State of Karnataka during the
period from..........to 31st March, 19.........(both days inclusive) subject to
the following conditions.
(1)
The permit holder shall not, during
any month, use or consume liquor exceeding...............of units.
(2)
The permit holder shall not possess at
any one time during any month liquor exceeding the number of units permitted to
be consumed in a month under condition (1) above.
(3)
The permit holder shall obtain liquor
required by him/her from a Government depot, or from the holder of a licence.
He/she shall not buy in any month liquor, exceeding the number of units shown
in condition (1).
(4)
No holder of a permit except that of
an emergency permit shall drink in a public place, in any vehicle parked in a
public place or in any room in a hotel or in any institution to which the pubic
have access.
(5)
This permit shall accompany the stock
of liquor held thereunder to any place where it is removed from the permit
holder's residence.
(6)
The permit holder shall comply with
all orders and instructions issued to him/her by Prohibition Officers.
(7)
The permit holder shall abide by the
conditions of this permit and the provisions of Karnataka Prohibition Act,
1961, and the rules, regulations and orders made thereunder.
(8)
The permit holder shall not be drunk
and/or in capable of taking care of himself or found behaving in a disorderly
manner under the influence of drink in any street or thoroughfare or pubic
place or in any place to which the public have or permitted to have access.
(9)
The permit may be cancelled or
suspended in accordance with the provisions of Sections 45 and 47 of this Act.
Seal
of the Deputy Commissioner.
Place….....
Date….....
Deputy
Commissioner,
…...........District.
Specimen
signature of the permit holder.
(Reverse of Form L, VI)
|
Details of purchase of liquor made by the permit holder.
|
|
Date
|
Quantity purchased in units (with full details)
|
Total purchased in the month including this purchase
|
Balance of units remaining in the current month
|
Signature of the licensed seller
|
Remarks
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
|
|
|
|
|
1
|
|
FORM L. VII
[See Rule 63(2)]
Emergency
permit No.............19.........
Emergency
permit to possess liquor for medicinal use on emergent occasions,
Sri/Smt./Kumari...................residing
at...................(hereinafter called "the permit holder") having
paid a fee of Rs....................only is hereby granted a permit under and
subject to the provisions of Karnataka Prohibition Act, 1961 and the rules,
regulations and orders made thereunder authorising him/her to buy, transport,
possess, use or consume..................(hereinafter called "the
liquor") for medicinal use during the period from.......to.......at
his/her premises situated at........................and also at any other place
within the State of Karnataka, subject to the following conditions, namely.
(1)
(a) The permit holder shall not use or
consume the liquor except for medicinal use on emergent occasions.
(b)
The permit holder may use the liquor possessed under the permit for
himself/herself and the members of his/her household:
Provided
that the permit holder may allow the use or consumption of liquor held by
him/her under this permit to any other person who requires the use thereof for
medicinal purpose on emergent occasions:
Provided
further that when the permit holder so allows the use or consumption of the
liquor held by him/her under this permit to any other person he/she shall
intimate, the said fact in writing to the Officer-in-charge of the nearest
Police Station within 24 hours of such use or consumption.
(2)
(a) The quantity of liquor that may be
possessed at anyone time under this permit shall not exceed.........................of
the liquor.
(b)
The permit holder may transport, possess, consume or use the liquor under this
permit throughout the State of Karnataka:
Provided
that the permit accompanies the stock of liquor held thereunder to any place to
where it is removed from the permit holder's residence.
(3)
The permit holder shall obtain the
required liquor by him/her from a Government depot or from a holder of a
retailer's licence on presentation of this permit.
(4)
The permit holder shall abide by the conditions
of this permit and the provisions of the Karnataka Prohibition Act, 1961 and
rules, regulations and orders made thereunder.
(5)
The permit may be cancelled or
suspended in accordance with the provisions of Sections 45 and 47 of the
Karnataka Prohibition Act, 1961.
Deputy
Commissioner…...........District.
Place:
Date:
Seal
of the Deputy Commissioner.
Specimen
signature of the permit holder.
(Reverse
of Form L. VII)
Details
of purchase of liquor
Kind
of liquor allowed
Quantity
allowed to be purchased
|
within a period of 6 months
|
|
Date
|
Quantity purchased
|
Address and signature of the seller
|
Remarks
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
|
|
|
|
FORM L. VIII
[See Rule 64(2)]
Special
permit for privileged personages to possess and use liquor for personal
consumption.
Mr./Mrs./Miss...................permanently
residing at...................(hereinafter called "the permit
holder") who is a...............of...................State, having his
office/official residence......at.......................(hereinafter called
"the said residence") is hereby granted a permit under and subject to
the Karnataka Prohibition Act, 1901, and the rules, regulations and orders made
thereunder, and authorising him/her to buy, possess, transport, use and consume
liquor within the State of Karnataka, during the period
from..................subject to the following conditions, namely.
(1)
* The permit holder shall not use or
consume liquor exceeding...................units during any month:
Provided
that where the permit holder has not used or consumed the full quantity of
liquor which is permitted to be used or consumed during any month, he may use
or consume such unused or unconsumed quantity of liquor in any succeeding
period during the currency of the permit; but the total quantity of liquor used
or consumed in any month should not exceed two months quota of the permit
holder.
(2)
*The permit holder shall not possess
at anytime, liquor in a quantity exceeding...................units:
Provided
*The permit holder may obtain and possess at any time, liquor not exceeding the
limit specified in condition (1) above.
(3)
(a) No holder of a permit except that
of an emergency permit shall drink in a public place or in any vehicle parked
in a public place or in any room in a hotel or in any institution to which the
public have access.
(b)
The permit holder should not be drunk and/or incapable of taking care of
himself or found behaving in a disorderly manner under the influence of drink
in any street or thoroughfare or public place or in any place to which the
public have or permitted to have access.
(4)
The permit holder shall not allow the
use or consumption of any part of me liquor held by him under the permit to any
other person who is not the holder of a permit under Sections 31, 34, 37 and 38
of the Act.
(5)
The quantity of liquor obtained by the
permit holder from time to time shall duly be entered in the permit by him or
by the liquor licensee concerned.
(6)
This permit shall accompany the stock
of liquor held thereunder to any place where it is removed from the permit holder's
official residence.
(7)
The permit may be cancelled or
suspended in accordance with the provisions of Sections 45 and 47 of the
Karnataka Prohibition Act, 1961.
(8)
If this permit is not renewed on its
expiry or is suspended or cancelled during its currency, the permit holder
shall surrender forthwith the whole of the unused liquor to the [Commissioner],
who shall dispose of the same in such manner as he deem fit.
Granted
this..............day..........19.........at..............
Seal
of the licence issuing authority.
Signature
of the licence issuing authority.
*These
conditions may be struck off where they are not applicable.
Reverse
of the permit in Form L. VIII
Details
of the receipt of liquor by the permit holder
Quantity
permitted for use or consumption during a month is as follows.
(1)
Spirits...................units.
(2)
Wines...................units.
(3)
Fermented liquors containing alcohol
exceeding 2% by volume...................units.
(4)
Fermented liquors containing alcohol
below 2% by volume...................units.
|
Date
|
Quantities possessed on the date of the permit (in units)
|
Quantity obtained by the permit holder's stock in customs bond (in
units)
|
Quantity obtained from the stock of a trade and import or any other
licensee (in units)
|
Transport permit No, and date, if any
|
Signature of the permit holder or the licensee
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
|
|
|
|
|
|
|
FORM L. IX
[See Rule 66(3)]
Interim
Permit No......................................
Interim
permit to possess and use liquor for personal consumption.
Sri/Smt./Kumari..........................................................................
of..............(hereinafter called "the permit holder") having paid
a fee of Rs......................is hereby granted a permit under and subject
to the provisions of Karnataka Prohibition Act, 1961, and the rules,
regulations and orders made thereunder authorising him/her to buy, possess,
use, transport and consume liquor within the State of Karnataka, during the
period from..................to............. (both days inclusive) subject to
the following conditions, namely.
(1)
The permit holder shall not use more
than.....................................units of liquor during any one month.
(2)
The quantity that may be possessed
under a permit shall not exceed...........units of liquor at any one time.
(3)
The permit holder shall not obtain any
liquor required by him from any place other than Government depot, or licensee
or licensed hotel or club or a shop holding a retailer's licence except with
the previous permission of the [Commissioner].
He shall not buy more than.................units of liquor in any one month.
(4)
No holder of a permit except that of
an emergency permit shall drink in a public place or in any vehicle parked, in
a public place or in any room in a hotel or in any institution to which the
public have access.
(5)
This permit shall accompany the stock
of liquor held thereunder to any place where it is removed.
(6)
The permit holder should not be drunk
and/or incapable of taking care of himself of found behaving in a disorderly
manner under the influence of drink in any street or thoroughfare or public
place or in any place to which the public have or permitted to have access.
(7)
The permit may be suspended or
cancelled in accordance with the provisions of Sections 45 and 47 of the Act,
Signature
of designation of the Officer issuing permit.
Place:
Date:
Seal
of the Officer issuing permit.
Specimen
signature of the permit holder.
REVERSE OF THE FORM L. IX
(Details of purchases of liquor made by the permit holder)
Units of liquor allowed per month
|
No. and date
|
Quantity purchased in units with details
|
Progressive total for the month in units
|
Address and the signature of the seller
|
Remarks
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
|
|
|
|
|
|
FORM L.X
[See Rule 68]
Licence
No.......
Licence
for the possession and use of Brandy and Rum by Industrial, Educational,
Scientific, Research or such other Institution or by a Pilot of an Aircraft or
by a person in charge of an Ambulance or a First-Aid station, for rendering First-Aid
or for medicinal purpose in an emergency.
Licence
is hereby granted under and subject to the provisions of the Karnataka
Prohibition Act, 1961, and the rules, regulations and orders made thereunder to
Sri/Smt./Kumari...................of...................(hereinafter called
"the licensee") on payment of a licence fee of
Rs....................authorising him/her to purchase, transport, possess and
use Brandy and Rum for rendering first-aid or for medicinal purpose in an
emergency during the period
from...................to..............................at...................(hereinafter
called "the licensed premises" or at any other place within the State
of Karnataka where the ambulance/aircraft, in charge of the licensee may
proceed, subject to the following conditions, namely.
(1) (a) The licensee
shall not keep in his/her possession any quantity
exceeding..................each of brandy and Rum, at any one time.
(b)
The licensee shall not purchase more than...........litres each of brandy and
rum, during any calendar month.
(2) The licensee shall
maintain a Register of use of Brandy and Rum as required by Rule 73.
(3) The licensee may
transport, possess and use Brandy or Rum, obtained under this licence,
throughout the State of Karnataka:
Provided
that the quantity to be transported, possessed or used does not exceed the
limit specified in condition 1(a) and the licence is produced for inspection on
demand by an Officer empowered under the Karnataka Prohibition Act, 1961;
(4) This licence shall
accompany the stock of Brandy and Rum to any place where it is removed.
(5) The licensee shall
have no claim whatsoever to the continuance or renewal of this licence after
the expiry of the period for which it is granted.
(6) This licence may be
suspended or cancelled in accordance with the provisions of the Sections 45 and
46 of the Act.
(7) In case this licence
is suspended or cancelled during the currency of the licence period or is not
renewed on its expiry, the licensee shall forthwith surrender to the Deputy
Commissioner the whole stock of unused Brandy and Rum remaining in balance with
him on the date of such suspension, cancellation or expiration. The stock of
liquor so surrendered, shall be disposed off in accordance with the provisions
of Rule 74:
Provided
further that if there is no demand for such liquor or if it is found to be
unfit for human consumption or adulterated the Deputy Commissioner may order
its destruction.
Deputy
Commissioner,
District.
Place........
Date.........
Seal
of the Office of the Deputy Commissioner.
FORM L. XII
[See Rule 89(2)]
Licence
for the sale of champagne and port wine on prescription.
Licence
is hereby granted under and subject to the provisions of the Karnataka
Prohibition Act, 1961 and the rules, regulations and orders made thereunder
to............of...........(hereinafter called "the licensee") on
payment of a licence fee of Rs....................authorising him to sell
champagne and port wine on prescription at his premises situated
at...................(hereinafter called "the licensed premises")
during the period from..................to...................on the following
conditions, namely.
CONDITIONS
(1) The licensee shall
not sell champagne or port-wine at any place other than the licensed premises.
(2) The licensee, his
heirs, legal representatives or assigns shall have no claim whatsoever to the
continuance or renewal of this licence after the expiry the period for which it
is granted. It shall be entirely within the discretion of the Deputy
Commissioner to permit or not the assignee of the licensee in case of sale or
transfer, or the legal representatives of the licensee in case of death to have
the benefit of the licence for the unexpired portion of the term for which it
is granted.
(3) This licence may be
suspended or cancelled in accordance with the provisions of Sections 45 and 47
of the Act.
(4) In case this licence
is suspended or cancelled during the currency of the licensed period or is not
renewed on its expiry the licensee shall forthwith surrender to the Deputy
Commissioner the whole stock of unsold champagne and port wine remaining in
balance with him on the date of such suspension, cancellation or expiration.
The stock of liquor so surrendered shall be sold by the Deputy Commissioner and
the proceeds of the sale shall after deducting expenses and any sum due to the
Government be returned to the licensee;
Provided
that if there is no demand for such liquor of if it is found to be unfit for
human consumption or adulterated the Deputy Commissioner may order its
destruction.
Deputy
Commissioner,
.........District.
Place
Date
Seal
of the Deputy Commissioner.
[FORM L. XIII
[See Rule 62(2)]
Permit
No. Office of the
Deputy
Commissioner,.......District.
Read.
Application
dated.........of.........requesting for a liquor permit to possess, carry and
consume for personal consumption during the tour to dry districts of........
As
per Rule 62(2) of the Karnataka Prohibition (Liquor) Rules,
1965.........................is hereby authorised to possess, carry and consume
for his personal consumption.....................unit of foreign liquor during
his tour in the dry Districts of...........................
This
permit is valid from........to........(inclusive) and shall be carried with the
consignment.
Deputy
Commissioner of..........District.
To
...................................................................
...................................................................
...................................................................
FORM L.I
[See Rule 5]
Licence
No.......of
19........19......
Ordinary
trade and import licence for the removal from the customs house and for the
import and sell in wholesale of all liquors (potable) and not to be drunk on
the premises.
Licence
is hereby granted under and subject to the provisions of the Karnataka
Prohibition Act, 1961 and the rules, regulations and orders made thereunder
to...................of.............(hereinafter called "the
licensee") on payment of a fee of Rs...........and a deposit of
Rs..........in advance authorising him to remove from the customs-house and to
import and sell by wholesale liquor at his premises situated
at................(hereinafter referred to as "the licensed
premises") from..............to 31st day of March............(both days
inclusive) subject to the following conditions.
CONDITIONS
(1)
The licensee shall not sell liquor at
any place other than licensed premises, nor shall he stock liquor in any place
except in the licensed premises or if specially permitted in writing by the
Deputy Commissioner at the licensed warehouse if any which is situated at the
place specified below. He shall keep separate accounts of stocks of liquor kept
at the warehouse. A consolidated account of stocks of liquor at the licensed
premises and the warehouse shall also be maintained by him. Stocks of liquor
shall be transported from the warehouse to the licensed premises under permits
issued by a Prohibition or other officer,, duly authorised in this behalf. In
no case shall the licensee sell liquor from such warehouse.
Situation of warehouse
(2)
The licensee shall pay to Government
in advance at the beginning of each quarter, commencing from the date of
license, such cost of the staff, if any appointed at the licensed premises for
the purpose of supervision as may be fixed by the [Commissioner]
from time to time.
(3)
The expenses if any in respect of
supervision for transporting liquor to the licensed premises shall also be paid
by the licensee.
(4)
The licensee shall furnish such
information in connection with his business under the licence as may be
required by the [Commissioner].
(5)
The licensee shall comply with all
orders and instructions issued to him by the Prohibition Officers.
(6)
This licence is valid only after the
licensee executes the counterpart agreement as required by the rules.
(7)
Except with the permission of the Deputy
Commissioner the licensee shall not sell, transfer or sub-lease, his right of
selling connection with the said right, enter into any agreement or arrangement
which is in the nature of a sub-lease. If any question arises whether any
agreement or arrangement is in the nature of a sub-lease the decision of the
Deputy Commissioner on such question shall be final and binding on the
licensee.
(8)
The licensee shall affix to the front
of his licensed premises a signboard bearing his name, the number of licensed
premises and the location thereof.
(9)
The licensee, his heirs, successors or
assigns shall have no claim whatsoever to the continuance or renewal of the
licence after the expiry of the period for which it is granted. It shall be
entirely within the discretion of the Deputy Commissioner to permit or not the
assignees of the licence in case of a sale or transfer or the heirs of
successors of the licensee, in case of death to have the benefit of the licence
for the unexpired portion of the term for which it is granted.
Granted
this.........day of..........19.......
Deputy
Commissioner,..............District.
Station.
Seal
of the Deputy Commissioner.
FORM L.II
[See Rule 23]
Licence
No. 19. 19.
Retailer's
Licence for the Sale of Liquor.
Licence
is hereby granted under and subject to the provisions of the Karnataka
Prohibition Act, 1961 and the rules, regulations and orders made thereunder,
to.......................................................of..................................................................(hereinafter
called "the Licensee") on payment of a fee of Rs..............and
deposit of Rs..........in advance authorising him to sell liquor at his
premises situated at.............(hereinafter called "the Licensed premises")
during the period from............to 31st March, 19 (both days inclusive)
subject to the following conditions namely.
CONDITIONS
(1)
The licensee shall carry on the
business of selling liquor at the licensed premises either personally or by
agent or servant duly authorised by him in this behalf by a written nowkarnama
signed by himself and countersigned, by a Prohibition Officer; provided that
any such nowkarnama signed by the licensee shall be valid unless and until such
countersignature is refused. If for any reason the Deputy Commissioner shall
order the withdrawal of any nowkarnama issued by the licensee, the nowkarnama
will be withdrawn. For every nowkarnama issued by him and countersigned, the
licensee shall pay a fee of Re, 1. No nowkarnama shall be issued to any person
under 18 years of age, and no such nowkarnama, if issued, shall be valid.
(2)
The licensee shall if required by the
Deputy Commissioner pay to the State Government in advance at the beginning of
each quarter commencing from the date of the licence, such cost of the staff,
if any appointed at the licensed premises for the purpose of supervision as may
be fixed by the [Commissioner].
(3)
Except with the permission of the
Deputy Commissioner the licensee shall not sell, transfer or sub-lease, his
right of selling liquor conferred upon him by the licence, nor shall he in
connection with the said right enter into any agreement or arrangement which is
in the nature of a sub-lease. If any question arises whether any agreement or
arrangement is in the nature of a sub-lease the decision of the Deputy
Commissioner on such question shall be final and binding on the licensee.
(4)
The licensee shall affix to the front
of his licensed premises a signboard bearing his name, the name of the licensed
premises and the location thereof.
(5)
The licensee, his heirs, successors or
assigns shall have no claim whatsoever to the continuance or renewal of the
licence after the expiry of the period for which it is granted. It shall be
entirely within the discretion of the Deputy Commissioner to permit or not the
assignees of the licensee in case of sale or transfer or the heirs or
successors of the licensee in case of death to have the benefit of the licence
for the unexpired portion of term for which it is granted.
(6)
The licensee shall not sell liquor at
any place other than the licensed premises nor shall he stock liquor in any
place except in the licensed premises or if specifically permitted in writing
by the Deputy Commissioner at the licensed warehouse which is situated at the
place specified below. He shall keep separate accounts of stocks of liquor kept
at the warehouse. A consolidated account of stocks of liquor at the licensed
premises and the warehouse shall also be maintained by him. Stocks of liquor
shall be transported from the warehouse to the licensed premises tinder permits
issued by a Prohibition or other officer duly authorised in this behalf. In no
case shall the licensee sell liquor from such warehouse.
Situation of Warehouse
(7)
the expenses if any in respect of
supervision for transporting liquor to the licensed premises shall be paid by
the licensee.
(8)
The licensee shall sell liquors at
prices not exceeding those that may be fixed from time to time by the [Commissioner].
(9)
The licensee shall furnish such
information in connection with his business under the licence as may be
required by the [Commissioner],
(10)
The licensee shall comply with all
orders and instructions issued to him by the Prohibition Officer.
(11)
This licence is valid only after the
licensee executes the counterpart agreement as required by Rule 20.
(12)
A licensee shall not sell any liquor
except for cash.
(13)
A licensee or his authorised agent or
servant shall make out a cash memo in duplicate which shall be signed by the
licensee or his authorised agent or servant.
(14)
The original copy of the cash memo
shall be handed over to the permit holder and the duplicate copy shall be
retained by the licensee for his record.
(15)
The cash memo shall clearly show.
(a)
the name of the licensee, his licence
number and the nature of permit held by him;
(b)
the name of the permit holder and the
permit number and the nature of permit held by him;
(c)
the details regarding the brand and
quantity of liquor sold;
(d)
the amount charged in respect of the
sale of liquor to the permit holder.
(16)
The duplicate copies of cash memo
shall at all reasonable times be open to Inspection by a Prohibition Officer or
other officer empowered under Section 101 of the Karnataka Prohibition Act.
Granted
this...........day of.........19........
Station:
Date:
Deputy
Commissioner,..............District.
Seal
of the Deputy Commissioner.
FORM L. III
[See Rule 42]
No..........19........19.........
Licence
for the sale at a hotel of liquors on which excise duty has been paid.
Licence
is hereby granted under and subject to the provisions of the Karnataka
Prohibition Act, 1961 and the rules, regulations and orders made thereunder
to......................of.........(hereinafter called "the
licensee") on payment of a fee of Rs..........and a deposit of
Rs..........in advance authorising him to sell the following liquors during the
period from...........to 31st March, 19........(both days inclusive) at his
hotel situated at.............subject to the following conditions.
CONDITIONS
(1)
The licensee shall not sell liquor for
consumption on the licensed premises except in the Room No..........assigned
for that purpose. He shall not allow any drinking to continue in the said room
outside the hours of sale. Any liquor remaining in the said room unconsumed
during unauthorised hours of sale shall be destroyed.
(2)
No liquor other than that sold by the
licensee shall be allowed to be consumed in the said room.
(3)
The licensee shall not sell liquor
except to permit holders residing or boarding at the hotel.
(4)
The licensee shall pay to the State
Government in advance at the beginning of each quarter commencing from the date
of the licence such cost of the Excise Staff, if any, appointed at the hotel as
may be fixed by the [Commissioner].
(5)
(a) The licensee shall give immediate
information to the nearest police officer of every person visiting his hotel
whom he suspects to have committed an offence under the Act and of every act
committed at the hotel tending to disturb the public peace.
(b)
The licensee shall write in a bound book, paged and sealed with the Deputy
Commissioner's seal, the name of every person, who comes to reside at the hotel
with the dates of his arrival and departure. Such book shall always be open to
inspection by an officer duly empowered under Section 101 of the prohibition
Act. If any person who comes to reside at the hotel refuses to give his name,
information of the fact shall be given to the District Superintendent of
Police.
(6)
The licensee shall at all times keep
the hotel and all appurtenances there to in clean and decent condition and the
licensee shall comply with any directions issued by the [Commissioner] in that behalf.
(7)
The licensee shall furnish such
information in connection with his business under the license as may be
required by the [Commissioner] or Deputy Commissioner from time to time.
(8)
The licensee shall comply with all
lawful orders and instructions issued to him by the Prohibition Officers.
(9)
This license may be suspended or
cancelled in accordance with the provisions of Sections 45 and 47 of the
Karnataka Prohibition Act, 1961.
(10)
This licence is valid only after the
licensee executes the counterpart agreement as required by the rules.
(11)
Except with the permission of the
Deputy Commissioner the licensee shall not sell, transfer or sub-lease. The
right of settling liquor conferred upon him by this licence, nor shall be in
connection with the said right, enter into any agreement or arrangement which
is in the nature of a sublease. If any question arises whether any agreement or
arrangement is in the nature of a sub-lease the decision of the Deputy Commissioner
on such question shall be final and binding on the licensee.
(12)
The licensee shall affix to the front
of his licensed premises a signboard bearing his name, the number of the
licensed premises and the location thereof.
(13)
The licensee, his heirs, successors or
assigns shall have no claim whatsoever to the continuance or renewal of the
license after the expiry of the period for which it is granted. It shall be
entirely within the discretion of the Deputy Commissioner to permit or not, the
assignee of the licensee in case of sale or transfer, or the heirs or
successors of the licensee, in case of death, to have the benefit of the
licence for the unexpired portion of the term for which it is granted.
Granted
this........day of........19.......
Station:
Deputy
Commissioner,..............District.
Seal
of the Deputy Commissioner.
FORM. L. IV
[See Rule 45]
No.........19........19..........
Licence
for the sale of Liquors at a Club
Licence
is hereby granted under and subject to the provisions of the Karnataka
Prohibition Act, 1961 and the rules, regulations and orders made thereunder
to................Secretary of the...........club (hereinafter called "the
licensee") on payment of a fee of Rs...........and a deposit of
Rs.............in advance authorising him to sell the following liquors during
the period from..........to 31st March, 19........in........club situated
at...........(hereinafter called "the licensed premises") subject to
the following conditions namely.
CONDITIONS
(1)
Liquors permitted to be sold under
this licence are as follows.
(a)
Wines.........
(b)
Fermented liquors.........
(c)
Spirits........
(2)
(a) The licensee shall not sell
liquors to persons other than the members of the club who are holders of
permits. He shall not make any sale of liquor to any such member unless the
member has got a corresponding balance of units remaining unpurchased against
his permit during the month of such sale to him.
(b)
The licensee shall enter the details of sale of liquor to any member in the
permit of any such member.
(c)
The licensee shall maintain a register of members who hold permits and state
therein their permit number and units sanctioned to them.
(d)
The licensee shall in the said register enter the details of liquor sold to
each member from day-to-day.
(3)
The licensee shall not sell or serve
liquor except between the hours of 10 a.m. and 11 p.m.
The [Commissioner]
shall have the right of restricting or varying the hours of sale of liquor as
he may deem necessary and such alteration in the hours of sale shall not
entitle the licensee to any compensation.
(4)
(a) The licensee shall not sell liquor
for consumption on the licensed premises except in Room No. assigned for that
purpose. He shall not allow any drinking to continue in the said room outside
the hours of sale. Any liquor remaining in the said room unconsumed during
unauthorised hours of sale, shall be destroyed.
(b)
The licensee shall not sell liquor to a member who is insane or known or believed
to be intoxicated.
(5)
No liquor other than that sold by the
licensee shall be allowed to be consumed in the said room.
(6)
(a) The licensee shall not receive as
consideration or a part thereof for the sale of any liquor, any wearing apparel
or ornaments or any other thing except coins, currency notes or cheques.
(b)
The licensee or his agent or servant duly authorised in this behalf shall make
out a cash memo in duplicate signed by himself or his agent or servant as the
case may be and by the permit holder in respect of liquor sold to any member
and shall give the first copy of the memo to such member and retain the
duplicate with himself.
(c)
The cash memo, shall clearly show the name of the club, the name of the member,
his permit number, details regarding the brand and the quantity of liquor sold
and the amount charged.
(d)
The duplicate copies of the cash memos made out under clause (b) shall at all
reasonable times be open to inspection by the [Commissioner],
Deputy Commissioner, Prohibition Officer or any other Officer empowered under
Section 101 of the Karnataka Prohibition Act, 1961.
(7)
The licensee shall pay to the State
Government in advance at the beginning of each quarter commencing from the date
of the licence such cost of the excise staff, if any, appointed at the club as
may be fixed by the [Commissioner].
(8)
(a) The licensee shall give immediate
information to the nearest police Officer of every person visiting his club
whom he suspects to have committed an offence under the Act and of every act committed
at the club tending to disturb the public peace.
(b)
The licensee shall write daily in a bound book, paged and sealed with the seal
of the Deputy Commissioner, the name of every person who comes to reside at the
club with the dates of arrival and departure. Such books shall always be open
to inspection by any officer duly empowered under Section 101 of the Karnataka
Prohibition Act, 1961.
(9)
The licensee shall at all times keep
the licensed premises and all appurtenances thereto in a clean and decent
condition and the licensee shall comply with any direction issued by the Deputy
Commissioner in that behalf. The licensee shall furnish such information in
connection with his business under the licence as may be required by the [Commissioner]
from time to time.
(10)
The licensee shall furnish such
information in connection with his business under the licence as may be required
by the [Commissioner]
from time to time.
(11)
The licensee shall comply with all
orders and instructions issued to him by the Prohibition Officers.
(12)
It shall be entirely in the discretion
of the Deputy Commissioner to renew or not to renew the licence at the
expiration of the term for which it has been granted.
(13)
(a) The licence may be suspended or
cancelled in accordance with the provisions of Sections 45 and 47 of the
Karnataka Prohibition Act, 1961.
(b)
In case the licence is suspended or cancelled during the currency of the
licence period or is not renewed on its expiry the licensee shall forthwith
intimate the Deputy Commissioner,, of the quantity of the liquor in stock with
him. On receipt of such information, the Deputy Commissioner shall instruct the
Prohibition Officer or other Officer to verify the stock and seal up the
premises. The stock will, however, be deemed to be in the custody of the
ex-licensee who will make arrangements and will be responsible for its safety.
The stock may only be sold with the permission of the Deputy Commissioner to
other licensees. The licensee will not, however, be allowed to receive fresh
stock after his license expires, or is suspended or cancelled except the stocks
for which the transport or import permits have been issued and which are in
transit. The permission to sell the liquor to other licensees will be subject
to the condition that all sums due to the Government will first be paid out of
the sale proceeds. This licence is valid only after the licensee executes the
counterpart agreement as required by the rules.
Granted
this...........day...........19......
Deputy
Commissioner,.............District.
Station.
Seal
of the Deputy Commissioner.
*Here
specify the room or place assigned for sale, storage and consumption of liquor.
FORM L.V
[See Rule 60(3)]
Temporary
resident's permit............of........19.......19
Temporary
resident's permit to possess and use liquor for personal consumption.
Mr./Mrs./Miss.........................residing
at.................(hereinafter called the "permit holder") having
paid a fee of Rs....................only, is hereby granted a permit subject to
the provisions of the Karnataka Prohibition Act 1961 and the rules and
regulations and orders made thereunder authorising him/her to buy, possess,
transport consume and use liquor within the State of Karnataka during the
period from...................to...................(both days inclusive)
subject to the following conditions, namely.
(1)
The permit holder shall not use more
than....................units of liquor during any month.
(2)
The quantity that may be possessed
under the permit at any one time shall not exceed...................units of
liquor.
(3)
The permit holder shall not obtain
liquor required by him from any place other than a Government depot or license
holder, except with the previous permission of the [Commissioner].
(4)
No holder of a permit except the
holder of an emergency permit shall drink in a public place or in any vehicle
parked in a public place or in any room in a hotel or in any institution to
which the public have access.
(5)
The permit holder shall not allow the
use or the consumption of any part of the quantity of liquor held by him/her
under the permit to any other person who is not the holder of a permit to any
other person who is not the holder of a permit under Sections 31, 34, 37 and 38
of the Act
(6)
This permit shall accompany the stock
of liquor held thereunder to any place where it is removed from the permit
holder's residence,
(7)
The permit holder shall abide by the
conditions of this permit and the provisions of the Karnataka Prohibition Act,
1961 and the rules, regulations and orders made thereunder.
(8)
The permit holder should not be drunk
and/or incapable of taking care of himself or found behaving in a disorderly
manner under the influence of drink in any street or thoroughfare or public
place or in any place to which the public have or permitted to have access.
(9)
The permit may be cancelled or
suspended in accordance with the provisions of Sections 45 and 47 of the
Karnataka Prohibition Act, 1961.
Seal
of the Deputy Commissioner.
Date........
Place........
Deputy
Commissioner,
..............District.
Specimen
signature of the permit
holder............
(Reverse
of the Temporary Resident's Permit)
Details of purchase of Liquor
|
Date of Purchase
|
Quantity purchased
|
Fermented liquors
|
Total quantity in units, that is total of columns (2), (3) and (4)
|
Signature and address of the licensed seller
|
Remarks
|
|
Spirits
|
Wines
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
FORM L. VI
[See Rule 61(3)]
Health
permit No. of...............19........
Health
permit to possess and use liquor for personal consumption.
Sri/Smt./Kumari.........................residing
at..................(hereinafter called "the permit holder") having
paid a fee of Rs....................is hereby granted a permit under and
subject to the provisions of the Karnataka Prohibition Act, 1961, and rules,
regulations and orders made thereunder authorising him/her to buy, possess,
transport, consume and use liquor within the State of Karnataka during the
period from..........to 31st March, 19.........(both days inclusive) subject to
the following conditions.
(1)
The permit holder shall not, during
any month, use or consume liquor exceeding...............of units.
(2)
The permit holder shall not possess at
any one time during any month liquor exceeding the number of units permitted to
be consumed in a month under condition (1) above.
(3)
The permit holder shall obtain liquor
required by him/her from a Government depot, or from the holder of a licence.
He/she shall not buy in any month liquor, exceeding the number of units shown
in condition (1).
(4)
No holder of a permit except that of
an emergency permit shall drink in a public place, in any vehicle parked in a
public place or in any room in a hotel or in any institution to which the pubic
have access.
(5)
This permit shall accompany the stock
of liquor held thereunder to any place where it is removed from the permit
holder's residence.
(6)
The permit holder shall comply with
all orders and instructions issued to him/her by Prohibition Officers.
(7)
The permit holder shall abide by the
conditions of this permit and the provisions of Karnataka Prohibition Act,
1961, and the rules, regulations and orders made thereunder.
(8)
The permit holder shall not be drunk
and/or in capable of taking care of himself or found behaving in a disorderly
manner under the influence of drink in any street or thoroughfare or pubic
place or in any place to which the public have or permitted to have access.
(9)
The permit may be cancelled or
suspended in accordance with the provisions of Sections 45 and 47 of this Act.
Seal
of the Deputy Commissioner.
Place….....
Date….....
Deputy
Commissioner,
…...........District.
Specimen
signature of the permit holder.
(Reverse of Form L, VI)
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Details of purchase of liquor made by the permit holder.
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Date
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Quantity purchased in units (with full details)
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Total purchased in the month including this purchase
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Balance of units remaining in the current month
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Signature of the licensed seller
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Remarks
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(1)
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(2)
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(3)
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(4)
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(5)
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(6)
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1
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FORM L. VII
[See Rule 63(2)]
Emergency
permit No.............19.........
Emergency
permit to possess liquor for medicinal use on emergent occasions,
Sri/Smt./Kumari...................residing
at...................(hereinafter called "the permit holder") having
paid a fee of Rs....................only is hereby granted a permit under and
subject to the provisions of Karnataka Prohibition Act, 1961 and the rules,
regulations and orders made thereunder authorising him/her to buy, transport,
possess, use or consume..................(hereinafter called "the
liquor") for medicinal use during the period from.......to.......at
his/her premises situated at........................and also at any other place
within the State of Karnataka, subject to the following conditions, namely.
(1)
(a) The permit holder shall not use or
consume the liquor except for medicinal use on emergent occasions.
(b)
The permit holder may use the liquor possessed under the permit for
himself/herself and the members of his/her household:
Provided
that the permit holder may allow the use or consumption of liquor held by
him/her under this permit to any other person who requires the use thereof for
medicinal purpose on emergent occasions:
Provided
further that when the permit holder so allows the use or consumption of the
liquor held by him/her under this permit to any other person he/she shall
intimate, the said fact in writing to the Officer-in-charge of the nearest
Police Station within 24 hours of such use or consumption.
(2)
(a) The quantity of liquor that may be
possessed at anyone time under this permit shall not exceed.........................of
the liquor.
(b)
The permit holder may transport, possess, consume or use the liquor under this
permit throughout the State of Karnataka:
Provided
that the permit accompanies the stock of liquor held thereunder to any place to
where it is removed from the permit holder's residence.
(3)
The permit holder shall obtain the
required liquor by him/her from a Government depot or from a holder of a
retailer's licence on presentation of this permit.
(4)
The permit holder shall abide by the conditions
of this permit and the provisions of the Karnataka Prohibition Act, 1961 and
rules, regulations and orders made thereunder.
(5)
The permit may be cancelled or
suspended in accordance with the provisions of Sections 45 and 47 of the
Karnataka Prohibition Act, 1961.
Deputy
Commissioner…...........District.
Place:
Date:
Seal
of the Deputy Commissioner.
Specimen
signature of the permit holder.
(Reverse
of Form L. VII)
Details
of purchase of liquor
Kind
of liquor allowed
Quantity
allowed to be purchased
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within a period of 6 months
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Date
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Quantity purchased
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Address and signature of the seller
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Remarks
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(1)
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(2)
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(3)
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(4)
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FORM L. VIII
[See Rule 64(2)]
Special
permit for privileged personages to possess and use liquor for personal
consumption.
Mr./Mrs./Miss...................permanently
residing at...................(hereinafter called "the permit
holder") who is a...............of...................State, having his
office/official residence......at.......................(hereinafter called
"the said residence") is hereby granted a permit under and subject to
the Karnataka Prohibition Act, 1901, and the rules, regulations and orders made
thereunder, and authorising him/her to buy, possess, transport, use and consume
liquor within the State of Karnataka, during the period
from..................subject to the following conditions, namely.
(1)
* The permit holder shall not use or
consume liquor exceeding...................units during any month:
Provided
that where the permit holder has not used or consumed the full quantity of
liquor which is permitted to be used or consumed during any month, he may use
or consume such unused or unconsumed quantity of liquor in any succeeding
period during the currency of the permit; but the total quantity of liquor used
or consumed in any month should not exceed two months quota of the permit
holder.
(2)
*The permit holder shall not possess
at anytime, liquor in a quantity exceeding...................units:
Provided
*The permit holder may obtain and possess at any time, liquor not exceeding the
limit specified in condition (1) above.
(3)
(a) No holder of a permit except that
of an emergency permit shall drink in a public place or in any vehicle parked
in a public place or in any room in a hotel or in any institution to which the
public have access.
(b)
The permit holder should not be drunk and/or incapable of taking care of
himself or found behaving in a disorderly manner under the influence of drink
in any street or thoroughfare or public place or in any place to which the
public have or permitted to have access.
(4)
The permit holder shall not allow the
use or consumption of any part of me liquor held by him under the permit to any
other person who is not the holder of a permit under Sections 31, 34, 37 and 38
of the Act.
(5)
The quantity of liquor obtained by the
permit holder from time to time shall duly be entered in the permit by him or
by the liquor licensee concerned.
(6)
This permit shall accompany the stock
of liquor held thereunder to any place where it is removed from the permit holder's
official residence.
(7)
The permit may be cancelled or
suspended in accordance with the provisions of Sections 45 and 47 of the
Karnataka Prohibition Act, 1961.
(8)
If this permit is not renewed on its
expiry or is suspended or cancelled during its currency, the permit holder
shall surrender forthwith the whole of the unused liquor to the [Commissioner],
who shall dispose of the same in such manner as he deem fit.
Granted
this..............day..........19.........at..............
Seal
of the licence issuing authority.
Signature
of the licence issuing authority.
*These
conditions may be struck off where they are not applicable.
Reverse
of the permit in Form L. VIII
Details
of the receipt of liquor by the permit holder
Quantity
permitted for use or consumption during a month is as follows.
(1)
Spirits...................units.
(2)
Wines...................units.
(3)
Fermented liquors containing alcohol
exceeding 2% by volume...................units.
(4)
Fermented liquors containing alcohol
below 2% by volume...................units.
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Date
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Quantities possessed on the date of the permit (in units)
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Quantity obtained by the permit holder's stock in customs bond (in
units)
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Quantity obtained from the stock of a trade and import or any other
licensee (in units)
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Transport permit No, and date, if any
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Signature of the permit holder or the licensee
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(1)
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(2)
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(3)
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(4)
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(5)
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(6)
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