KARNATAKA PROHIBITION (RECTIFIED SPIRITS) RULES, 1967

 

PREAMBLE

In exercise of the powers conferred by Sections 22, 23, 44, 123 and 124 of the Karnataka Prohibition Act, 1961 (Karnataka Act 17 of 1962), 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. GSR 1131 in Part IV, Section 2-C(i) of the Karnataka Gazette, dated 15th September, 1966, namely.

Rule - 1. Title, extent and commencement.

(1)     These rules may be called the Karnataka Prohibition (Rectified Spirits) Rules, 1967.

(2)     They shall extend to all the areas of the State of Karnataka where the Karnataka Prohibition Act, 1961, is in force.

(3)     They shall come into force at once.

Rule - 2. Definitions.

In these rules unless the context otherwise requires.

(a)      "Act" means, the Karnataka Prohibition Act, 1961;

(b)      "Duty free rectified spirit" means, rectified spirit in respect of which any person or institution or museum or picture gallery has been exempted from the payment of excise duty under Section 53 of the Karnataka Prohibition Act, 1961;

(c)      "Form" means, a form appended to these rules;

(d)      "Licence" means, a licence granted under these rules;

(e)      "Rectified spirit" includes absolute alcohol.

PART I POSSESSION AND USE

Rule - 3. Applications for licences.

(1)     Any person desiring to possess, and use rectified spirit for any bona fide, medicinal, industrial, scientific, educational or any other similar purpose shall make an application for a licence to the Deputy Commissioner or any other officer duly authorised to grant licences in that behalf.

(2)     The application shall contain the following particulars namely.

(a)      name and address of the applicant;

(b)      place where the rectified spirit will be kept and used;

(c)      quantity of rectified spirit to be used per month;

(d)      specific purpose for which rectified spirit is required, and the use it will be put to;

(e)      whether the applicant held any rectified spirit is licence in the year before the date of application and if so, the number of the licence and the quantity sanctioned;

(f)       the period for which the licence is required;

(g)      registration number of the applicant, if he is a registered medical practitioner.

Rule - 4. Grant of licence.

(1)     On receipt of the application under Rule 3.

(a)      if the applicant is a registered medical practitioner and the quantity of rectified spirit applied for does not exceed five litres a year, the applicant may be granted by the Deputy Commissioner a licence in Form R.S. (1) with the previous sanction of the Commissioner.

(b)      if the applicant is any other person or if the applicant being a registered medical practitioner has applied for a quantity exceeding that specified in clause (a), the Deputy Commissioner or the other authorised officer shall make such enquiries as he deems necessary and if he is satisfied that there is no objection to grant the applicant the licence applied for, he may grant him a licence in Form R.S. (2) with the previous sanction of the Commissioner.

(2)     A licence under sub-rule (1) may be granted on payment of a fee specified below.

(a)      for a licence in Form R.S. (1) rupees ten per annum;

(b)      for a licence in Form R.S. (2) where the quantity of rectified spirit does not exceed twenty-five litres per year rupees twenty-five.

In all other cases rupees twenty-five plus rupee one per litre per annum.

Rule - 5. Licensees to give undertaking to abide by the provisions of the Act, etc.

All licences will be effective only after the execution by the licensee of an undertaking in the form of a counterpart agreement on duly stamped paper that he will abide by all the provisions of the Act, rules, regulations and orders made thereunder and the conditions of the licence:

Provided that where the licensee is a Government servant holding the licence in his official capacity, the counterpart agreement may be executed on non-stamped paper:

Provided further that where the quantity of rectified spirit granted exceeds two hundred litres per annum, the licensee shall give such security as may be prescribed by the Deputy Commissioner but not exceeding rupees twenty per litre.

Rule - 6. Duration of licences.

(1)     No licence in Form R.S. (1) or R.S. (2) shall be granted for a period extending beyond the 31st March next following the date of the commencement of the licence.

(2)     No such licence shall be granted to a minor.

Rule - 7. Procedure for obtaining supply of rectified spirit.

(1)     The licensee shall not obtain his supply of rectified spirit except from a person holding a licence to sell rectified spirit or from a Government warehouse or a distillery.

(2)     All licensees shall obtain their supply of rectified spirit only under a valid transport pass.

Rule - 8. Place of use of rectified spirit.

The licensee shall not use rectified spirit except at the place specified in his licence and except in his own presence or in the presence of any other person duly authorised in writing by him in this behalf:

Provided that a licensee holding a licence in Form R.S. (1) or a registered medical practitioner holding a licence in Form R.S. (2) may, subject to the provisions of the licence, use rectified spirit in any place in the State of Karnataka.

Rule - 9. Licensee not allowed to consume rectified spirit.

The licensee shall not consume or allow to be consumed any rectified spirit possessed by him under the licence.

Rule - 10. Use of rectified spirit for industrial purpose.

(1)     No licensee shall use rectified spirit for industrial purposes except on the recommendation of the Director of Industries or such other officer as may be authorised by Government and in the manner and to the extent recommended by him. The rectified spirit recommended by the said Officer shall be used after obtaining the permission of and subject to such conditions as may be imposed by the Commissioner in that behalf.

(2)     The Commissioner may appoint such staff for supervision over the use of rectified spirit as he deems necessary.

Rule - 11. Use of rectified spirit for educational or scientific purpose.

No licensee shall use rectified spirit for educational or scientific purpose except on the recommendation of the concerned District Educational Officer or Principal of the College or Head of the concerned institution.

Rule - 12. Regulation of business of licensee.

(1)     The premises of the licensee holding a licence in Form R.S. (1) or Form R.S. (2), the rectified spirit kept therein, the accounts maintained therein and the licence shall at all times be open to inspection by the Deputy Commissioner or any Prohibition Officer.

(2)     All licensees holding licences in Form R.S. (2) shall keep in their premises an inspection book, paged and stamped with the seal of the Deputy Commissioner in which inspecting officers may record their remarks. The other licensees shall keep an ordinary paged book, in which inspecting officers may record their remarks.

Rule - 13. Suspension or cancellation of licence.

(1)     All licences granted under Rule 4 may be suspended or cancelled in accordance with the provisions of Sections 45 and 47 of the Act.

(2)     In cases where 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 rectified spirit 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 the premises where the stock is stored. The stock shall 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.

(3)     The licensee shall not however be allowed to receive fresh stock after his licence expires or is suspended or cancelled. The permission to sell the stock to other licensees will be subject to the condition that all sums due to the State Government will be first paid out of the sale proceeds:

Provided that where the stock does not exceed five litres the Deputy Commissioner may dispose off the stock in any manner he thinks fit, subject to the condition that the licensee is compensated at least to the extent of fifty per cent of the value he has paid for such stock:

Provided further that where the Deputy Commissioner is of the opinion that the stock is not fit for further use, it will be competent for the Deputy Commissioner to destroy such stock and the licensee shall not be entitled to any compensation.

PART II POSSESSION AND USE OF DUTY FREE RECTIFIED SPIRIT

Rule - 14. Application for obtaining duty free rectified spirit.

(1)     Any person holding a licence for the possession of rectified spirit for use or for any bona fide research or educational purpose or for the purpose of preservation of specimen of natural history or other specimens maintained at any Museum or picture gallery and desiring to obtain duty free rectified spirit for such purpose shall make an application in that behalf to the Commissioner through the Deputy Commissioner.

(2)     The application shall contain the following particulars, namely.

(1)     name and address of the applicant;

(2)     where duty free rectified spirit is required on behalf of the institution or museum or picture gallery.

(a)      the name of the institution or museum or picture gallery;

(b)      the capacity in which the applicant represents the institution or museum or picture gallery;

(c)      the place where duty free rectified spirit will be used;

(d)      specific purpose for which duty free rectified spirit is required;

(e)      where duty free rectified spirit is required for research purposes in an institution, the total number of laboratories attached to such institution;

(f)       when duty free rectified spirit is required in an educational institution, whether the institution has a laboratory and if so, the number of students who require rectified spirit for use in the laboratory;

(g)      the name of the distillery or warehouse from which the applicant desires to purchase duty free rectified spirit;

(h)     the quantity of duty free rectified spirit required by the applicant in a year;

(i)       the quantity of rectified spirit which the applicant is allowed to have in his possession at any one time under the licence if any held by him;

(j)       the quantity of rectified spirit which the applicant is allowed to buy in the aggregate in any one month under the licence if any held by him;

(k)      the number and date of the licence if any held by the applicant and the designation of the licensing authority which granted it.

(3)     When the application under sub-rule (1) is made on behalf of an educational institution, the application shall be accompanied by a certificate granted by the departmental head approved by the Commissioner in that behalf, showing the number of students studying at the institution and the quantity of duty free rectified spirit required therein for educational purpose.

Rule - 15. Deputy Commissioner to forward application to Commissioner.

On receipt of the application under sub-rule (1) of Rule 14 the Deputy Commissioner shall make such enquiries as he deems necessary and if he is satisfied.

(a)      that duty free rectified spirit is required by the applicant for bona fide research or educational purpose;

(b)      where spirit is required on behalf of an institution, museum or picture gallery that such institutions is bona fide research or educational institution or a museum or picture gallery as the case may be;

(c)      that there is no objection to issue duty free rectified spirit to the applicant, he shall forward the application to the Commissioner with his recommendation stating the quantity of duty free rectified spirit which may be issued to the applicant:

Provided that no such application other than that made on behalf of the Government, Municipal or Local Self-Government Institution or an educational institution or a museum or picture gallery shall be forwarded to the Commissioner unless the applicant has executed a bond in Form 'A' for such sum as may be fixed by the Deputy Commissioner for the proper observance of these rules and the conditions of the order of exemption.

Rule - 16. Order of exemption to be passed by Commissioner.

(1)     On receipt of the application forwarded by the Deputy Commissioner under Rule 15, the Commissioner, if he is satisfied that there is no objection to sanction the application, may by an order under Section 53 of the Act, exempt the applicant from payment of the excise duty on the rectified spirit covered by his licence (hereinafter referred to as the order of exemption).

(2)     Copies of the order of exemption shall be sent to the Deputy Commissioner concerned, Prohibition Officer, and the Officer-in-charge of the distillery or warehouse from which the applicant is authorised to obtain duty free rectified spirit.

Rule - 17. Duration of order of exemption.

The order of exemption shall remain in force for such period as may be specified in the order:

Provided that the Commissioner may, at any time during the currency of the order, cancel or modify the same for any adequate reason recorded in writing.

Rule - 18. Procedure for issue of duty free rectified Spirit from distillery or warehouse.

(1)     No duty free rectified spirit shall be issued to any person holding a licence except from a distillery or warehouse and except on presentation by him of an order of exemption to the Officer-in-charge of the distillery or warehouse.

(2)     The Officer-in-charge of the distillery or warehouse shall on each occasion on which he issues duty free rectified spirit make an entry in that behalf in the order of exemption presented to him and also in the copy of such order received by him and thereafter return the order to the holder thereof. The holder of the order of exemption shall not remove any rectified spirit from the distillery or warehouse unless the quantity issued to him therefrom has been entered in the order of exemption by the Officer-in-charge of the distillery or warehouse.

Rule - 19. Duty free rectified spirit to be used in the licensed premises and for the purpose specified.

Duty free rectified spirit obtained on behalf of an institution or museum or picture gallery shall not be used in any premises other than that of the institution or museum or picture gallery for which it is obtained and for any purpose other than that which is specified in the order of exemption,

Rule - 20. Production of order of exemption for inspection.

Every person holding an order of exemption shall on demand by an Officer duly empowered under the Act produce the same for inspection.

PART III PURCHASE AND TRANSPORT

Rule - 21. Licensee to give requisition and procedure thereon.

(1)     Any licensee desiring to purchase and transport rectified spirit so purchased shall submit a requisition in Form R.S. (3) signed by himself to the local Prohibition Officer.

(2)     The Prohibition Officer shall on demand by the applicant supply him with a requisition Form in R.S. (3) in quadruplicate.

(3)     The applicant shall fill in all the four parts of the requisition form and submit it to the Prohibition Officer.

(4)     On receipt of the requisition the Prohibition Officer shall make such enquiries as he deems necessary and if he is satisfied that there is no objection to allow the purchase of rectified spirit, he may countersign the requisition.

(5)     The four parts of the requisition shall be dealt with as under.

Part I shall be kept on the record of Prohibition Officer.

Part II shall be handed over to the applicant.

Part III shall be sent to the person holding a licence or a warehouse or the distillery officer as the case may be from whom rectified spirit is to be purchased, and

Part IV shall be forwarded to the Prohibition or Excise Officer in whose jurisdiction the licensed premises of the said person or the warehouse or the distillery as the case may be is situated.

Rule - 22. Procedure for grant of transport pass.

(1)     The applicant shall then make an application to the Deputy Commissioner or any other officer duly authorised on that behalf within whose jurisdiction the licensed premises of the person holding the licence or the warehouse or distillery as the case may be is situated for a pass to transport rectified spirit therefrom to the licensed premises of the applicant and shall present Part II of the requisition along with the application.

(2)     If the Deputy Commissioner or the authorised officer is satisfied that there is no objection to grant the pass applied for, he may, grant the pass in Form R.S.(4).

(3)     Such pass shall be in four parts and shall be dealt with as under,

Part I shall be kept on the record of the officer granting the pass.

Part II shall be handed over to the applicant for sending it with the consignment.

Part III shall be sent to the person holding a licence or warehouse or distillery officer as the case may be from whom the rectified spirit is to be purchased, and

Part IV shall be sent to the Prohibition or Excise Officer of the place to which the rectified spirit is to be transported.

Part II of the requisition shall also be handed over to the applicant along with Part II of the transport pass.

(4)     The transporter shall then present Part II of the transport pass and Part II of the requisition to the person holding a licence or the warehouse or distillery officers as the case may be, who shall check these parts with the Part III of the transport pass and of the requisition received by him under sub-rule (4) of Rule 21 and if they tally in all respects, the said person or the warehouse or distillery officer as the case may be, may issue the quantity of rectified spirit stated in the transport pass and make an endorsement to that effect tinder his signature on Parts II and III of transport pass and as also on Parts II and III of the requisition and hand over Part II of the transport pass and of the requisition to the transporter and retain Part III thereof on his record.

(5)     (a) No person other than a person holding a licence to sell rectified spirit or a licence to possess it shall be granted any requisition in Form R.S. (3) or a transport pass in Form R.S. (4).

(b) No such requisition in Form R.S. (3) or a transport pass in Form R.S. (4) shall be granted unless the transport is incidental to the purchase of rectified spirit.

Rule - 23. Grant of transport pass.

(1)     Any person desiring to transport rectified spirit shall make an application to an officer duly authorised in that behalf for a pass. If the said officer on receiving the application is satisfied, that there is no objection to grant the pass applied for, he may grant the applicant a pass in Form R.s. (5).

(2)     The pass shall be in three parts and shall be deal with as under.

Part I shall be kept on the record of the officer granting the pass.

Part II shall be handed over to the applicant for sending it with consignment, and

Part III shall be sent to the Prohibition or Excise Officer of the place to which the rectified spirit is to be transported.

(3)     The provisions of sub-rule (1) shall not apply to the transport of rectified spirit to which the provisions of Rule 22 apply.

Rule - 24.

Nothing in Rules 21 to 23 shall apply to the transport in bond of rectified spirit.

PART IV SALE

Rule - 25. Application for a licence to sell.

Any person desiring to sell rectified spirit shall apply to the Deputy Commissioner for a licence in that behalf. The application shall contain the following particulars, namely.

(a)      name and address of the applicant;

(b)      place where he wants to sell rectified spirit with the number of the house or building, name of street and city or town as the case may be;

(c)      whether any rectified spirit was sold at the above place in the past and if so the years during which it was sold;

(d)      whether the applicant held any licence to sell rectified spirit in the past, if so, the years in which he held the licence.

Rule - 26. Grant of Licence.

On receipt of the application under Rule 25, the Deputy Commissioner shall make such enquiries as he deems necessary and if he is satisfied that there is no objection to grant, the licence applied for, he may grant the applicant a licence in Form R,S. (6) on payment of a fee of rupees fifty.

Rule - 27. Duration of licence.

No licence in Form R.S. (6) shall be grant for any period beyond the 31st March next following the date of commencement of such licence.

Rule - 28. Manner of sale.

The licensee shall not sell rectified spirit except in sealed bottles bearing a lable specifying.

(a)      the name and address of the manufacturer;

(b)      the place of bottling;

(c)      the name and address of the bottler.

Rule - 29. Source of supply.

(1)     The licensee shall not obtain his supply of rectified spirit except from (a) licensed distillery in the State of Karnataka, (b) a bonded warehouse and (c) a licensed distillery or dealer in any part of India outside the State of Karnataka provided that the licensee may obtain his supply of rectified spirit with the special permission of the Government from a place outside India through a custom house and subject to the customs regulations,

(2)     The licensee shall not bring rectified spirit to the licensed premises except under a transport pass issued under Rules 21 and 23.

Rule - 30. Licensee to pay duty or fee prescribed.

The licensee shall be liable to pay such duty or fee as the case may be on rectified spirit brought to the licensed premises at the rate, if any, prescribed by the State Government under the Act before such spirit is issued to him.

Rule - 31. Sale to licence holders.

The licensee shall not sell the rectified spirit except to a person who holds a licence to possess the same and produces Part II of the requisition in Form R.S. (3) and the relevant transport pass in Form R.S. (4) issued in his favour.

Rule - 32. Business of licensee how carried on.

The licensee shall carry on the business of his rectified spirit shop 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 the Prohibition officer:

Provided that any such nowkarnama signed by the licensee shall be valid unless and until countersignature is refused. If for any reason the Deputy Commissioner shall order the withdrawal of any nowkarnama issued by the licensee, the nowkarnama shall be forthwith withdrawn. For every nowkarnama issued by him the licensee shall pay a fee of rupee one to the State Government, No nowkarnama shall be issued to any person under twenty-one years of age, and no nowkarnama if issued to such a person shall be valid.

Rule - 33. Regulation of business of licensee.

(1)     The licensee shall not sell, transfer or sublet the right of vend conferred upon him by the licence nor shall he in connection with the exercise of the said right enter into any agreement or arrangement, which in the opinion of the Deputy Commissioner is in the nature of sale, transfer or sublease.

(2)     No person will be recognised as a partner of the licensee for the purpose of the 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 the licence unless the Deputy Commissioner agrees on application made to him to alter the licence and to add the names of partners in the licence.

Rule - 34. Licensee to abide by the provisions of the Act, etc.

The licensee shall execute at the time of taking delivery of the licence an undertaking in the form of a counterpart agreement on a duly stamped paper agreeing to abide by the conditions of the licence and provisions of the Act and the rules, regulations and orders made thereunder,

Rule - 35. Suspension or cancellation of licence.

The licence may be suspended or cancelled in accordance with the provisions of Sections 45 and 47 of the Act.

Rule - 36. Unsold rectified spirit.

In case the licence is cancelled or suspended 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 rectified spirit in stock with him. On receipt of such information the Deputy Commissioner shall instruct the Prohibition Officer or other authorised officer to verify the stock and to seal the premises where the stock is stored. The stock shall however be deemed to be in the custody of the ex-licensee who will make arrangements 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. The permission to sell the stock to other licensees will be subject to the condition that all sums due to State Government shall first be paid out of the sale proceeds.

Rule - 37. Application to purchase and transport rectified spirit in bond.

(1)     Any person, desiring to purchase and transport in bond, rectified spirit, from a distillery or warehouse, to a bonded laboratory in the State, shall apply in writing, in that behalf, to the Deputy Commissioner through the Officer-in-charge. No permit to obtain rectified spirit under bond, shall be issued unless the bonded warehouse or Laboratory, has got adequate staff for supervision.

(2)     The application shall contain the following particulars, namely.

(a)      the name and address of the applicant;

(b)      the name of the bonded laboratory and its situation;

(c)      the name of the distillery or warehouse from which spirit is to be purchased;

(d)      the quantity and strength of spirit required by the applicant.

(e)      the route by which the spirit is proposed to be transported.

Rule - 38. Procedure on application.

(1)     The applicant shall along with the application under sub-rule (1) of Rule 37 also submit a requisition in Form R.S. (7) as provided by sub-rule (2).

(2)     The Officer-in-charge shall on demand by the applicant supply him with a requisition in Form R.S. (7) in quadruplicate. The applicant shall fill in all the parts of the requisition form under his signature and submit the same to the Officer-in-charge.

(3)     (a) On receipt of the requisition under sub-rule (2) the Officer-in-charge shall make such enquiries as he deems necessary and if he is satisfied that there is no objection to allow the purchase and transport in bond of the rectified spirit applied for, he may countersign the requisition.

(b) The four parts of the requisition shall be dealt with as under.

Part I shall be kept on record of the Officer-in-charge.

Part II shall be handed over to the applicant.

Part III shall be sent to the distillery or warehouse officer.

Part IV shall be sent to the Prohibition or Excise Officer in whose charge the warehouse or distillery is situated.

(4)     (a) On receipt of the application the Deputy Commissioner shall intimate to the applicant the cost of the spirit required by him, if the spirit is to be issued from a distillery.

(b) On receipt of such intimation the applicant shall pay the amount into the treasury.

(c) The applicant shall then produce the challan and Part II of the requisition before the Deputy Commissioner who may, if he is satisfied after making such enquiries as he deems necessary that there is no objection to allow the purchase and transport in bond of spirit applied for, issue a pass in Form R.S. (8).

(d) The pass shall be in three parts and shall be dealt with as under.

Part I of the pass shall be kept on the record of the Office of the Deputy Commissioner.

Part II shall be handed over to the applicant.

Part III shall be sent to the distillery or warehouse officer as the case may be from where the spirit is to be transported.

(e) No requisition in Form R.S. (7) or R.S. (8) shall be issued to any person unless that person holds a licence for possession and use of under bond rectified spirit.

Rule - 39. Issue of rectified spirit in bond at distillery or warehouse.

(1)     The applicant shall present Part II of the pass to the distillery or warehouse officer as the case may be who after comparing it with Tart III of the pass received by him under clause (d) of sub-rule (4) of Rule 38 shall if he is satisfied that there is no objection, issue the quantity of spirit mentioned in the pass.

(2)     The spirit shall be issued in casks, drums or other receptacles duly sealed with the seal of the distillery or warehouse officer as the case may be. The said officer shall also fill in the particulars to be filled up by him of Part II of the pass and shall return Part II of the pass to the applicant duly endorsed and forward Part III with an impression of the seal placed on the drums or casks to the Officer-in-charge.

Rule - 40. Bonded rectified spirit how dealt with at laboratory.

(1)     On arrival of the consignment at the bonded laboratory the Officer-in-charge shall compare the particulars given in Part H with those of Part III of the pass, shall examine the, seals and if he has no reason to believe that the consignment has been tampered with he shall admit the consignment into the laboratory.

(2)     The Officer-in-charge shall then draw samples from each cask or drum and examine them to see that the particulars regarding strength of spirit actually ascertained by him correspond with those given by the distillery or warehouse officer in Part II of the pass accompanying the consignment. The consignment shall then be entered in the register maintained by him for the purpose. He shall then return Part III duly completed to the distillery or warehouse officer through the Deputy Commissioner and retain Part II for his record. In case of any wastage of spirit found by the Officer-in-charge on arrival of the consignment in excess of 1/8 per cent he shall report the fact to the Deputy Commissioner for obtaining the orders of the Commissioner as regards the amount of duty to be levied on such excess wastage from the persons liable to pay the same. If the wastage is 1/8 per cent or below, then he may himself write it off.

Rule - 41. Payment of duty on rectified spirit.

No rectified spirit shall be issued from any distillery or warehouse without payment of duty at the prescribed rate except duty free rectified spirit covered by an exemption order and rectified spirit issued under bond.

Rule - 42. Accounts and returns.

(1)     Every licensee holding a licence in Form R.S. (2) shall maintain accounts in Form R.S. (9) and submit returns in Form R.S. (10).

(2)     Every licensee holding a licence in Form R.S. (6) shall maintain accounts in Form R.S. (11) and submit returns in Form R.S. (12).

Rule - 43. 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 the rules 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 pass or licence granted or registration effected under any such rules) shall be deemed to have been done or taken tinder 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 R.S.(1)

[See Rule 4(1)(a)]

Licence No.........

Licence for the possession of Rectified Spirit including absolute alcohol for medicinal use by a registered medical practitioner.

Licence is hereby granted under and subject to the provisions of Kar-nataka Prohibition Act, 1961, and the rules, regulations and orders made thereunder to.......of.......(hereinafter called the "licensee" on payment of a fee of Rs. 10 in advance authorising him to buy, possess, transport, and use rectified spirit including absolute alcohol (hereinafter called "Spirit") during the period from.......to.......at his premises situated at......(hereinafter referred to as "The licensed premises"), subject to the following conditions.

CONDITIONS

(1)     The licensee shall not use the spirit for any purpose other than medicinal.

(2)     The licensee shall not use the spirit exceeding one litre in the aggregate during a period of two months, provided the total spirit used in one year does not exceed five litres.

(3)     The licensee may during any month buy spirit, not exceeding one litre, provided that the licensee will not have in his possession at any one time a quantity exceeding one and a half litres.

(4)     The licensee shall not obtain the supply of spirit except from a licensee holding a sale licence. He shall not remove the spirit purchased by him from the licensed premises of such licensee unless he gets the details of this purchase entered on the reverse of his licence by the said licensee or any other person authorised by him in writing in this behalf;

(5)     The licensee shall transport his quota of rectified spirit only under a transport permit.

(6)     The licensee shall keep all the spirit received by him in a place in the licensed premises under lock and key and all issues of spirit from the said place shall be made in the presence of the licensee or a person duly authorised by him in writing in this behalf. He shall not keep or use spirit at any place other than the licensed premises.

(7)     Notwithstanding anything contained in condition 5, the licensee may transport, possess and use spirit obtained under this licence throughout the State of Karnataka, if the quantity to be transported, possessed or used does not exceed one-fourth litre and this licence is produced for inspection on demand by a Prohibition Officer.

Granted this.........day.......19......

Signature of the Deputy Commissioner.

Seal of the Deputy Commissioner.

[Revenue of the Licence in Form R.S. (1)]

Details of purchase of Rectified Spirit made by the licensee

 

FORM R.S. (2)

[See Rule 4(1)(b)]

Licence No.........

Licence for the possession and use of rectified spirit (including absolute alcohol) for industrial, medicinal, scientific, educational and other similar purposes.

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.......in advance, authorising him to buy, possess and use rectified spirit (including absolute alcohol) (hereinafter called "the Spirit'') during the period from......., . to. .......at his premises situated at........(hereinafter referred to as "the licensed premises") subject to the following conditions, namely.

CONDITIONS

(1)     The licensee shall not use spirit except for........[The purpose to be stated vide Rule 4(a)].

(2)     (a) The licensee shall not buy spirit except on a requisition countersigned by an officer of Prohibition or Excise Department duly authorised in that behalf.

(b) The licensee shall not buy spirit in any one month a quantity exceeding one-tenth of his annual quota and during the licensed period of ......months a quantity exceeding.......litres.

(c) The licensee shall not use spirit exceeding one-tenth of his annual quota in any one month.

(3)     The licensee shall not have in his possession at any one time more than one-eighth of his annual quota.

(4)     The licensee shall keep all the spirit received by him in the licensed premises approved by the Officer-in-charge or Prohibition or Excise Officer under lock and key and all issues of spirit from the said place shall be made in the presence of the licensee or a person duly authorised by him in writing in that behalf.

(5)     (a) The licensee shall maintain a full and complete day-to-day account of the rectified spirit possessed and used by him under the licence. The account shall be kept in a bounded book paged and stamped with seal of the Deputy Commissioner.

(b) The licensee shall keep along with the account book the requisitions and transport passes relating to the spirit received at the licensed premises.

(c) The licensee shall submit before the 10th of every month to the Deputy Commissioner, statements of account for the preceding month showing the quantity of rectified spirit in stock on the first of the month, the quantity received in the month, total of both, the quantity of rectified spirit utilised in the month, the purpose or purposes for which it was utilised, the quantity of rectified spirit in stock on the last day of the month.

(d) The licensee shall furnish to the Deputy Commissioner such other information relating to the subject-matter of this licence as the Deputy Commissioner may from time to time require.

(6)     The licensed premises, the spirit kept therein, the account books, the requisitions and transport passes, and this licence shall be open at all times to inspection by the Deputy Commissioner or any Prohibition or Excise or any other officer duly empowered under Section 101 of the Act.

(7)     All the accounts, requisitions and transport passes shall be preserved by the licensee during the whole of the period or this licence and shall be handed over to the Deputy Commissioner within one month from the date the licence ceases to be operative.

Granted this day.......of......19.....

Deputy Commissioner, of...................

Seal of the Deputy Commissioner.

 

FORM R.S. (3)

[See Rule 21(1)]

 

FORM 'A'

[See Rule 15(c)]

Form of bond to be executed by an applicant under Rule 17 to use duty free rectified spirit (including absolute alcohol).

Whereas, I/we….....of the village/town of….....have made an application to the Commissioner in Mysore, through the Deputy Commissioner of…........for exempting me/us from the payment of duty on the rectified spirit (including absolute alcohol) required by me/us for use in…..........I/we hereby bind myself/ourselves jointly and severally that if the exemption applied for is granted, I/we shall use the rectified spirit (including absolute alcohol), in respect of which such exemption is granted, for the said purpose at…........situated at…........in the village/town of......…....in the district of...........in accordance with the Karnataka Prohibition (Rectified Spirit) Rules, 1966 and the conditions specified in the order of exemption referred to in the said rules and in case of my/our making default in the observance of the said rules and the conditions of the order of exemption I/we bind myself/ourselves jointly and severally and each and everyone of my/our respective heirs, executors, administrators and representatives to forfeit to the Governor of Karnataka the sum of Rs….........

Signatures

Place…........

Dated this…........day of…....19…...

In the presence of

(1)

(2)

We (1)….....of….......

and (2)…....of….....

do hereby declare ourselves sureties for the abovenamed that he/they shall do and perform all that he/they has/have undertaken to do and perform and in case of his/their making default therein, I/we hereby bind myself/ourselves jointly and severally to forfeit to the Governor of Karnataka the sum of Rs…......

Place…........

Dated this…........day of….....19…....

In the presence of.

(1) (1)

(2) (2)

Signature of the sureties.

 

FORM R.S. (4)

[See Rule 21(2)]

 

FORM R.S. (5)

[See Rule 23(1)]

 

FORM R.S. (6)

[See Rule 26]

Licence No........

Licence for the sale of Rectified Spirit

(including absolute alcohol)

Licence is hereby granted under and subject to the provisions of the Karnataka Prohibition Act, 1961, and rules, regulations, and orders made thereunder to.........of.........(hereinafter called "the licensee") on payment of a fee of Rs. SO authorising him to buy, possess and sell Rectified Spirit (including absolute alcohol) (hereinafter referred to as "the Spirit") at his shop situated at.........(hereinafter referred to as the "licensed premises") during the period from........to......(both days inclusive) subject to the following conditions, namely.

CONDITIONS

(1)     The licensee shall not keep in his licensed premises any intoxicants other than Rectified Spirit or absolute alcohol.

(2)     The licensee shall not keep the spirit in any place other than the licensed premises.

(3)     The licensee shall not sell spirit except in the licensed premises nor shall he allow the spirit to be consumed in the licensed premises.

(4)     The licensee shall not sell or have in his licensed premises adulterated or spurious rectified spirit of any kind.

(5)     The licensee shall not rack, vat or bottle the spirit except with the previous permission of the Commissioner.

(6)     The Licensee shall affix to the front of his licensed premises a sign board inscribed with his name and the words "licensed to sell Rectified Spirit and absolute alcohol".

(7)     The licensed premises and all spirit therein contained shall at all times be open for inspection by the Deputy Commissioner or by a Prohibition or Excise Officer empowered under Section 101 of the Karnataka Prohibition Act, 1961.

(8)     The windows of the licensed premises shall be securely closed and barred by the licensee with iron bars and wirenetting. There shall be only one entrance to the licensed premises.

(9)     The licensee shall maintain day-to-day accounts in a bound book, paged and stamped with the seal of the Deputy Commissioner or Prohibition or Excise Officer showing the opening balance, receipts, total of both sales and the closing balance. The accounts, the transport passes covering the receipts, the requisitions received from the purchasers and transport passes covering the sales shall at all times be open for inspection by the Deputy Commissioner or by a Prohibition or Excise Officer empowered under Section 101 of the Karnataka Prohibition Act, 1961.

(10)   The licensee shall submit before the 10th of every month his statement of accounts relating to the previous month showing the opening balance, receipts, total of both, sales and closing balance of spirit for the previous month.

(11)   The licensee shall also maintain such other registers as may be prescribed by the Commissioner under the Act.

(12)   The licensee, his heirs, legal representatives, or assigns shall have no claim whatsoever to the continuance or renewal of this licence after the expiry of the period for which it is granted. It shall be entirely within the description or the Deputy Commissioner to permit or not the assignee of the holder of the licence, in case of sale or transfer, or the heir or legal representative of the holder of the licence, in case of death, to have the benefit of the licence for the unexpired portion of the term for which it has been granted.

Granted this...........day of........19........

Place..........

Date.......... Deputy Commissioner,

.............District.

Seal of the Deputy Commissioner.

 

FORM R.S.(7)

[See Rule 38(1)]

 

FORM R.S.(8)

[See Rule 38(4)(c)]

 

 

FORM R.S.(9)

[See Rule 42]

R.S.II Licence No….....

Name of the Licensee…....

Period of the Licence…....

 

FORM R.S.(10)

[See Rule 42]

Monthly return showing the rectified Spirit (including absolute alcohol) received, used and held in balance during the month of….....19…...

R.S. II Licence No….....

Name of the Licensee…....

Period of the Licence…....

Date:

Signature of the licensee.

 

FORM R.S. (11)

[See Rule 42]

Register of account of rectified spirit (including absolute alcohol) received, sold and held in balance during the month of....... .19......

R.S. VI Licence No….....

Name of the Licensee…...

Period of the Licence…...

Register of account of rectified spirit (including absolute alcohol) received, sold and held in balance during the month of….....19…...

 

 

FORM R.S. (12)

[See Rule 42]

R.S. VI Licence No........

Name of the Licensee.......

Period of the Licence.......

Monthly return showing rectified spirit (including absolute alcohol) received, sold and held in balance during the month of........19......

Date:

Signature of the licensee.