In
exercise of the powers conferred by Section 124 of the Karnataka Prohibition
Act, 1961 (Karnataka Act 17 of 1962) and in supersession of all rules, orders
and notifications on the subject made or issued under any enactment repealed by
sub-section (1) of Section 129 of the said Act, the Government of Karnataka
hereby makes the following rules, the draft of the same having been previously
published as required by sub-section (3) of Section 124 of the said Act in
Notification No. HD 33 EFL 64, dated 25th September, 1965 published as GSR 703
in Part IV, Section 2-C(i) of the Karnataka Gazette, dated 25th September,
1965, namely. (1)
These rules may be called the
Karnataka Prohibition (Possession, Transport, Import and Export of Intoxicants)
Rules, 1966. (2)
They shall extend to all the areas of
the Karnataka State where the Karnataka Prohibition Act, 1961, is in force. (3)
They shall come into force at once. In
these rules, unless the context otherwise requires. (a)
"Act"' means the Karnataka
Prohibition Act, 1961; (b)
"Bonded Warehouse" means a
licensed private bonded warehouse or part of a public bonded warehouse established
under clause (d) of Section 8; (c)
"Form" means a form appended
to these rules; (d)
"License" means a license
granted under any of the rules made under the Act; (e)
"Permit" means and includes
a pass and an authorisation; (f)
"Section" means a section of
the Act; (g)
"Verification" means
(i)
examining the seals of the cask, drum
or other receptacle forming the consignment of intoxicants to verify that they
are not tampered with during transit;
(ii)
ascertaining that the number and marks
on the casks, drums or packages tally with those shown on the reverse of the
permit;
(iii)
ascertaining that the quantity
transported tallies with the quantity mentioned in the permit and includes in
the case of spirit the real strength of which can be ascertained by the
Hydrometer examining the contents by drawing samples from the cask of drum or
other package in order to find out that the strength of the spirit corresponds
to that shown on the reverse of the permit; and
(iv)
satisfying that the duty etc*,
required to be paid under the rules have been correctly levied and credited. Transport Any
person holding a license, or permit for the possession, consumption and/or sale
of any intoxicants and desiring to transport the same from any licensed
premises to his place of residence or licensed premises shall apply to the
Deputy Commissioner of the District to which the intoxicant is to be conveyed
for a transport permit. The
Deputy Commissioner shall after verifying the application and after making such
enquiries as he may consider necessary issue a transport permit in
quadruplicate in Form MP (T). (1)
Part I of the permit shall be kept on
the record in the Deputy Commissioner's Office; Part II of the permit shall be
sent by post to the Deputy Commissioner or Chief Prohibition and/or Excise
Authority of the District from where the intoxicant is to be transported; Part
HI shall be handed over to the transporter or to the person authorised by him
to receive it; and Part IV shall be sent to the Prohibition and/or Excise
Officer having jurisdiction over the place to which the intoxicant is to be
transported. (2)
The transporter or his agent at the
place from which the intoxicant has to be transported shall present his copy of
the transport permit with an application to the Deputy Commissioner having
jurisdiction over the licensed premises (in case such licensed premises are
situated in a different District) from which the intoxicants have to be
transported. On receipt of this application the Deputy Commissioner if he sees
no objection, will after comparing it with the copy of transport permit
received by him authorise the transport of the intoxicants mentioned in the
transport permit by making suitable endorsement on the copy of the permit
presented by the transporter. In cases where the transport is from one place to
another place in the same District, Part II of the permit shall be sent to the
Prohibition and/or Excise Officer having jurisdiction over the place from which
the intoxicant is to be transported, and he will endorse on the transporter's
copy of the permit his permission approving the transport after comparing the
transporters copy of the transport permit with the copy received by him. The
transporter shall, unless he holds a Bonded Warehouse license after payment of
duty, if any, in the manner prescribed produce a challan showing such payment
to the Officer-in-charge of the Distillery, Brewery, or Bonded Warehouse. On
production of the challan, if any, and or the transport permit duly endorsed in
the manner prescribed in Rule 5, the officer or the licensee shall issue the
intoxicants mentioned in the transport permit. The issuing officer or the
licensee shall seal each cask, drum, package or other receptacles containing
the intoxicants issued and shall return to the transporter or his agent his copy
of the transport permit after filling in the particulars on the reverse
thereof. Immediately
after the consignment covered by the transport permit is received, the
transporter shall intimate the local Prohibition and/or Excise Officer or the
Officer-in-charge of the warehouse of the arrival of the consignment On receipt
of such intimation the Prohibition and/or Excise Officer or the
Officer-in-charge of the warehouse shall verify the consignment. After
verifying the consignment the Prohibition and/or Excise Officer or the
Officer-in-charge shall then permit the sale or consumption or warehousing of
the intoxicants, as the case may be. Any
person holding a license, or permit for the possession, consumption and/or sale
of any intoxicants and desiring to import the same shall apply to the Deputy
Commissioner of the District or other authorised officer who granted him the
license, or permit, for the grant of an import permit. Every
application under Rule 9 shall contain the following particulars, namely. (a)
Name of the importer, his address and
license number; (b)
Name and place of the distillery or
bonded warehouse or customs house or other place from which intoxicants are to
be imported; (c)
Descriptions of the intoxicants to be
imported; (d)
Quantity of each kind of intoxicant to
be imported; (e)
The alcoholic or other strength of the
intoxicant; (f)
Number and nature of receptacles or
packages containing intoxicants; (g)
Purposes for which intoxicants are to
be imported; and (h)
Route by which the intoxicants are to
be imported. On
receipt of an application under Rule 10, the Deputy Commissioner or any other
authorised officer shall after making such enquiries as he deems fit and if he
is satisfied that there is no objection to grant the import permit applied for,
in all cases where the importer does not have a bonded warehouse license,
calculate the duty leviable on the different kinds of intoxicants intended to
be imported at the rates in force for the time being. He shall then communicate
the same to the applicant who shall prepare the required challans in respect of
the amount payable by him or if the applicant can himself correctly calculate
the duty payable by him he may with a view to save time, calculate the duty and
prepare the challans. The applicant shall then credit the amount to the
Treasury or Bank, as the case may be, and produce the challan to the Deputy
Commissioner or other Authorised Officer for the grant of an import permit who
shall thereupon prepare the import permit in Form MPI in four parts. Part
I of the permit shall be kept on the record of the Deputy Commissioner or other
Authorised Officer issuing the permit; Part
II shall be sent by post to the Chief Prohibition and/or Excise Authority of
the State from where the intoxicant is to be imported or to the Collector of
customs in case the import is from ship; Part
III shall be handed over to the importer or to the person authorised by him to
receive it; and Part
IV shall be sent to the Prohibition and/or Excise Officer having jurisdiction
over the place to which the intoxicant is to be imported or the
Officer-in-charge in case of a Bonded Warehouse. Immediately
after the consignment covered by the import permit is received, the importer
shall intimate the authority to whom Part IV of the permit has been sent of the
arrival of the consignment. On receipt of such intimation the Prohibition
and/or Excise Officer or Officer-in-charge shall verify the consignment. After
verification the Prohibition and/or Excise Officer or Officer-in-charge shall
then permit the sale, consumption, warehousing of imported intoxicants as the
case may be. Export Any
person holding a license for the possession and sale of intoxicants and
desiring to export the intoxicants from his licensed premises shall apply to
the Deputy Commissioner of the District where his licensed premises is situated
for the grant of an export permit. The application shall be accompanied by an
import permit granted by the Chief Prohibition and/or Excise Authority of the
State to which the intoxicants have to be exported. Every
such application shall contain the following particulars. (a)
Name of the exporter and his address; (b)
Name of the importer and his address,
including the nature of license held by him; (c)
Description of intoxicants to be
exported; (d)
Quantity of each kind of intoxicants
to be exported; the nature of license held by him; (e)
The alcoholic or other strength of
intoxicant; (f)
Number and nature of receptacles or
packages containing intoxicants; and (g)
Route by which intoxicants are to be exported. On
receipt of an application under Rule 15, the Deputy Commissioner or other
Authorised Officer after making such enquiries as he deems fit and if he sees
no objection, may grant, an export permit in Form MP(E) subject to the
following conditions.
(i)
That the exporter executes a bond with
or without sureties for the payment of duty on the intoxicants covered by the
export permit at the rates for the time being in force;
(ii)
That the exporter pays and produces
the challan for having credited the export duty, if any, on the intoxicants at
the rates for the time being in force;
(iii)
That the bond will be in force till a
report of verification of the consignment from the Chief Excise or Prohibition
Officer or other Authorised Officer of the place of import has been received. Part
I of the permit shall be kept on the record of the Office of the Deputy
Commissioner; Part
II of the export permit shall be sent by post to the Chief Excise and/or
Prohibition Authority of the State to which the intoxicants have to be
exported; Part
in shall be handed over to the exporter; and Part
IV shall be sent to the Officer-in-charge of the Bonded Warehouse or to the
officer within whose jurisdiction the licensed premises of the exporter is
situated. The
exporter shall after executing the bond and after paying the export duty, if
any, in the prescribed manner produce the challan, export permit and bond before
the Officer to whom Part IV of the permit was sent. On presentation of these,
the Officer-in-charge shall issue the intoxicants mentioned in the export
permit. The officer shall seal each receptacle or package containing the
intoxicants and return to the exporter the copy of his permit after duly
endorsing thereon the issue of intoxicants. After
receipt of a report of either payment of duty or warehousing of the intoxicants
in the importing State the bond executed by the exporter shall be cancelled by
the Deputy Commissioner and the Officer-in-charge of the warehouse or other
officer shall also note the verification in the registers of the exporters. In
cases where the report of verification of the consignment or warehousing of the
intoxicants in the importing state has not been received within the stipulated
time then the duty on the intoxicants shall be collected from the exporter and
the sureties. [1][Nothing contained in these rules shall apply to the
possession or transport of liquor by persons who have been granted permits
under Rules 60, 61, 62, 63, 64, 65 and 66 of the Karnataka Prohibition (Liquor)
Rules, 1965, in the areas covered by such permits.] 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 any permit, pass, licence or authorisation made or issued under any of the
repealed rules shall so far as it is not in consistent with the provisions of
these rules, be deemed to have been made or issued under the corresponding
provisions of these rules and shall continue to be in force accordingly. Unless
and until it expires or is superseded by anything done or any action taken
under the Act or these rules as the case may be. FORM MP(I), MP(r), MP(E) (1) Permit for Transport/Import/Export of the Intoxicants. Part I Permit No. District 1. Name and address of the licensee. 2. Name and address of the person from whom intoxicants is to be
transported/importer/or to whom intoxicants is to be exported. 3. Place from which intoxicants have to be transported/imported or to
which they are to be exported. 4. Route (State whether road, rail, air or road-cum-rail, etc.). 5. Period of validity of permit. 6. Description of intoxicants to be transported/imported/ exported. 1........................... 2........................... 3........................... 4........................... 5........................... 7. Quantity of each kind of intoxicant FORM MP(T), MP(1), MP(E) (2) Permit for Transport/ Import/ Export of the Intoxicants. Part II Permit No. District 1. Name and address of the licensee. 2. Name and address of the person from whom intoxicants is to be
transported/imported/or to whom intoxicants is to be exported. 3. Place from which intoxicants have to be transported/ imported or to
which they are to be exported. 4. Route (State whether road, rail, air or road-cum-rail, etc.). 5. Period of validity of permit. 6. Description of intoxicants to be transported/imported/exported. 1........................... 2........................... 3........................... 4........................... 5........................... 7. Quantity of each kind of intoxicant. FORM MP(T), MP(c), MP(E) (3) Permit for Transport/Import/Export of the Intoxicants. Part III Permit No. District 1. Name and address of the licensee. 2. Name and address of the person from whom intoxicants is to be transported/imported/or
to whom intoxicants is to be exported. 3. Place from which intoxicants have to be transported/ imported or to
which they are to be exported. 4. Route (State whether road,* rail, air or road-cum-rail, etc.). 5. Period of validity of permit. 6. Description of intoxicants to be transported/imported/ exported. 1........................... 2. .......................... 3........................... 4........................... 5.......................... 7. Quantity of each kind of intoxicant. FORM MP(T), MP(r), MP(E) (4) Permit for Transport/Import/Export of the Intoxicants. Part IV Permit No. District 1. Name and address of the licensee. 2. Name and address of the person from whom intoxicants is to be
transported/imported/or to whom intoxicants is to be exported. 3. Place from which intoxicants have to be transported/ imported or to
which they are to be exported. 4. Route (State whether road, rail, air or road-cum-rail, etc.). 5. Period of validity of permit. 6. Description of intoxicants to be transported/imported/exported. 1........................... 2........................... 3........................... 4........................... 5........................... 7. Quantity of each kind of intoxicant 8. The alcoholic or other strength of the intoxicant. 9. No. and nature of receptacles contained in the intoxicants. 10. Purposes for "which intoxicants transported or imported. This permit is granted under and subject to the provisions of the
Karnataka Prohibition Act, 1961 and rules made thereunder authorising the
above transport /import/ export subject to the following conditions. Conditions 1. The entire quantity of intoxicants shall be
transported/imported/exported in one consignment only and shall not be broken
in transit 2. The licensee shall pay such cost of the Excise or other Escort, if
any, as the Deputy Commissioner may decide. Station Signature of the Deputy Commissioner. Seal 8. The alcoholic or other strength of the intoxicant. 9. No. and nature of receptacles contained in the intoxicants. 10. Purposes for which intoxicants transported or imported. This permit is granted under and subject to the provisions of the
Karnataka Prohibition Act, 1961 and rules made thereunder authorising the
above transport/import/export subject to the following conditions. Conditions 1. The entire quantity of intoxicants shall be transported/imported/exported in one consignment only and shall not be
broken in transit. 2. The licensee shall pay such cost of the Excise or other Escort, if
any, as the Deputy Commissioner may decide. Station Signature of the Deputy Commissioner. Seal 8. The alcoholic or other strength of the intoxicant, 9. No. and nature of receptacles contained in the intoxicants. 10. Purposes for which intoxicants transported or imported. This permit is granted under and subject to the provisions of the
Karnataka Prohibition Act, 1961 and rules made thereunder authorising the
above transport/import/export subject to the following conditions. Conditions 1. The entire quantity of intoxicants shall be transported/imported /exported in one consignment only and shall not be
broken in transit. 2. The licensee shall pay such cost of the Excise or other Escort, if
any, as the Deputy Commissioner may decide. Station Signature of the Deputy Commissioner. Seal 8. The alcoholic or other strength of the intoxicant. 9. No. and nature of receptacles contained in the intoxicants. 10. Purposes for which intoxicants transported or imported. This permit is granted under and subject to the provisions of the
Karnataka Prohibition Act, 1961 and rules made thereunder authorising the
above transport/import/export subject to the following conditions. Conditions 1. The entire quantity of intoxicants shall be transported/imported/exported in one consignment only and shall not be
broken in transit. 2. The licensee shall pay such cost of the Excise or other Escort, if
any, as the Deputy Commissioner may decide. Station Signature of the Deputy Commissioner. SealKARNATAKA PROHIBITION (POSSESSION,
TRANSPORT, IMPORT AND EXPORT OF INTOXICANTS) RULES, 1966
PREAMBLE