MAHARASHTRA DISTILLATION OF SPIRIT AND MANUFACTURE OF POTABLE LIQUOR RULES, 1966

PREAMBLE

G.N., H.D., No. RTS. 1164/55423-III, dated 17th May 1966 (M.G., pt, IV-B. p. 681)

Amended by G.N., H.D., No. MSP. 1066/9166-III, dated 24th February 1967 (M.G., pt., IV-B. p. 257)

Amended by G.N., H.D., No. MSP. 1066/44379-III, dated 14th August 1967. (M.G., pt. IV-B. p. 2058)

Amended by G.N., H.D., No. RTS. 1170/49741-III, dated 31st May 1971 (M.G., pt. IV-B. p. 774)

Amended by G.N., H.D., No. BWR. 1171/637-III, dated 18th May 1974. (M.G., pt. IV-B, p. 776)

Amended by G.N., H.D., No. BWR. O175/1/XX VIII-PR dated 31-8-1977 (M.G., pt., IV-B, p. 713)

Amended by G.N., H.D., No. 3PA. 2079-V-PRO-2 dated 24-3-1979 (M.G., pt., IV-B, p. 735-736).

Amended by G.N., H.D., No. BPA. 1081/21-(II)-PRO-2 dated 6-11-1981 (M.G., pt., IV-B, pps. 1936-37)

In exercise of the powers conferred by clauses (b), (c), (f), (g), (hl), (k), (13) and (u) of sub-section (2) of section 143 of the Bombay Prohibition Act, 1949 (Bom. XXV of 1949), and of all other powers enabling it in this behalf the Government of Maharashtra hereby makes the following Rules, the same having been previously published as required by sub-section (3) of the said section 143, namely:-

PART I

PRELIMINARY

Rule - 1.

(1)     These Rules may be called the Maharashtra Distillation of Spirit and manufacture of Potable Liquor Rides, 1966.

(2)     They extend to the whole of the State of Maharashtra.

Rule - 2.

In these Rules, unless the context otherwise requires,

(a)      "Act" means the. Bombay Prohibition Act, 1949;

(b)      "Chemical analyser" means [1][Director, Haffkine Institute, Bombay] or any other officer appointed by the State Government as Chemical Analyser for the purpose of these Rules;

(c)      "Compounding" means the manufacture of potable liquor by addition to spirit of a flavouring or colouring matter or both;

(d)      "Distillery Officer" means a Prohibition and Excise Officer appointed for the purpose of supervising the working of a distillery;

(e)      "Excise supervision" means supervision over operations at a distillery or over manufacture of potable liquor in a manufactory by members of the staff of the Prohibition and Excise Dapartment appointed in that behalf by the Commissioner or any Prohibition Officer duly empowered by the State Government or the Commissioner in that behalf;

(f)       "fermentative base" means molasses, mhowra flowers or any other substance containing sugar from which a licensee is allowed to manufacture potable liquor;

(g)      "Form" means a form appended to these Rules;

(h)     "licence" means a licence granted under these Rules;

(i)       "licensee" means a person who holds a licence;

(j)       "liquor room" means that portion of the manufactory which is set apart for the storage of potable liquor in sealed bottles and other receptacles;

(k)      "manufactory" means that portion of a distillery premises which is set apart for the manufacture of potable liquor and includes a liquor room and every place therein from which such liquor is issued;

(l)       "Manufactory Officer" means the Prohibition and Excise Officer appointed for the purpose of supervising the operations in a manufactory:

(m)    "potable liquor" means brandy, whisky, rum, gin or any other liquor manufactured either by the process of distillation, or by compounding or blending spirit with essence, colouring and flavouring substances;

(n)     "spirit" means rectified spirit including absolute alcohol;

(o)      "to reduce" means to reduce the strength of spirit to a prescribed strength by addition of pure filtered water; and the expression "reducing" shall be construed accordingly;

(p)      "spirit room" means that portion of a manufactory which is set apart for the storage of spirit;

(q)      "wash" means sugary solution prepared from a fermentative base and water, in which fermentation has started or to which yeast or active wash has been added;

(r)      "washback" means a vessel used for the storage of wash during its fermentation;

(s)      "wort" means sugary solution prepared from a fermentative base and water, in which fermentation has not started.

PART II

PROVISION RELATING TO DISTILLERY LICENCES

Rule - 3. Grant of distillery licence.

(1)     Any person desiring to construct and work a distillery for the manufacture of spirit shall make an application for a licence in that behalf to the State Government through the Commissioner. The application shall contain the following particulars, that is to say-

(i)       the name and address of the applicant;

 

(ii)      the place where the distillery is to be constructed and worked;

 

(iii)     the description and plan in quadruplicate of the proposed distillery;

 

(iv)    a statement in quadruplicate, specifying the number, size description and capacity for vessels of storing wash or spirit including receivers, and other apparatus as are proposed to be used in working the distillery.

 

(v)      a statement, in quadruplicate, specifying the make and capacity of the still proposed to be erected and used, in working the distillery.

 

(2)     The application shall be accompanied by an undertaking to the effect that the applicant shall abide by the provisions of the Act and the rules, regulations and orders made thereunder and the conditions of the licence.

 

(3)     On receipt of an application and after making such inquiries for verification of the details stated in the application as also such other inquiries as he may deem necessary, the Commissioner shall forward the application to the State Government with his remarks. The State Government may, if it is satisfied that the applicant is likely to abide by the provisions of the Act and the rules, regulations and orders made thereunder and the conditions of the licence and further that there is no objection to granting the licence applied for, grant the applicant a licence in Form I on payment of [2][a fee (inclusive of consideration) of fifty thousand rupees] or may, after recording its reasons, refuse to grant the licence, and inform the Commissioner of the decision:

Provided that, no such licence shall be refused unless the applicant has been given an opportunity to tender an explanation.

(4)     Where the applicant is granted the licence applied for the Commissioner shall retain with him the originals of the description, plan and statements referred to in sub-rule (1), and forward the duplicates and triplicates thereof, with a copy of the licence, to the Distillery Officer, and the District Prohibition and Excise Officer concerned, respectively, and return the quadruplicate to the licensee.

 

(5)     No licence shall be granted for a period of more than five years at a time, and in no case shall such period extend beyond 31st March of the fifth year following the date of commencement of the licence.

Rule - 4.[Renewal of licence.

(1)     The licence may be renewed by the State Government for a period not exceeding five years on payment of renewal 1[fee inclusive of consideration of fifty thousand rupees.][3]

(2)     [4][An application for renewal of a licence shall be made two months before the expiry of the licence, through the Distillery Officer.]

Rule - 5. Setting up of Distillery.

(1)     A distillery shall be set up in accordance with the plan approved by the Commissioner:

(2)     each wash-back, vat, vessel or receiver, shall before it is used in a distillery for storage of wash or spirit, be gauged, and the following particulars shall be indicated in paint thereon, namely:

(i)       Whether it is a wash-back, storage vat, vessel or receiver;

 

(ii)      serial number thereof;

 

(iii)     capacity in litres;

 

(iv)    in the case of storage vats, the kind of spirit stored;

 

(v)      date on which it is gauged,

 

(3)     The various pipe-lines in the distillery shall be painted with distinctive colours, as indicated below:

(4)     The licensee and the Distillery Officer shall each-keep a register-in Form II in which the tables of gauging for wash-back, vat, vessel and receiver at the distillery shall be entered.

Rule - 6. Storage of fermentative bases.

(1)     The Distillery Officer shall keep the record of his survey of the wash back, stills and spirit receivers at the Distillery in a survey Register in Form III, and note therein every change in the condition of such wash-backs, still and spirit receivers as provided in the form.

 

(2)     The licensee and Distillery Officer shall each maintain a register in Form IV, showing the progress of fermentation and distillation at the distillery.

 

(3)     The Distillery Officer shall make check-weighments or verify the stock of the fermentative bases passed into the distillery, at least once a week, and shall make a note to this effect in the remarks column of Appendix D to Form I.

Rule - 8. Fermentation.

(1)     The wort of the desired gravity, which shall be ascertained and verified by means of a saccharometer, shall be put into wash-backs. The quantity of wort shall be ascertained, and a sample thereof taken for finding out the percentage of its sugar contents; and thereafter, the required quantity of yeast or active wash shall be added to it.

 

(2)     Where mhowra flowers are used as fermentative base, the wort shall be prepared by maceration or diffusion process.

 

(3)     The licensee shall give the Distillery officer in Form V a declaration of wash made as soon as any wash is placed in a wash-back.

Rule - 9. Distillation.

(1)     The gravity of the fermenting wash in each wash-back shall be ascertained at least twice a day, i.e., in the morning and evening. When a stationary gravity is reached and, shows no further decrease, a sample of the wash shall be taken for ascertaining the percentage of alcohol contents thereof. The licensee shall then remove the wash to the still for distillation and give the Distillery Officer in Form VI at least one hour's notice of his intention to remove the wash for distillation:

Provided that in case of any emergency, such as choking for valve or pipes of the wash-back under operation, the licensee may remove the wash to the still without giving an hour's notice, but he shall immediately inform in writing the Distillery Officer to that effect.

(2)     After the distillation is complete, the Distillery Officer shall gauge the contents of the receive into which spirit was received and make a note to that effect in the survey register in Form III. The whole process of distillation shall be carried on under the supervision of the Distillery officer.

Rule - 10. Removal of spirit to storage vat or still.

(1)     The licensee shall give the Distillery Officer at least one hour's notice in Form VI of his intention to remove spirit from the receiver to the storage vat or still. The Distillery Officer shall, at the time specified in the notice, attend the operation of such removal. The fastenings of receiver shall be unlocked in the presence of the Distillery Officer. The licensee or his manager or agent shall then get the spirit in each vessel properly stirred and mixed, and get the samples of spirit drawn and their temperatures, hydrometer readings and strengths ascertained. All valves and mandoors of vessel shall thereafter be relocked.

(2)     Every reasonable facility shall be offered to the licensee or his manager for checking the gauge and strengths officially taken and recorded.

Rule - 11. Storage.

(1)     All foreshots and feints which are to be redistilled or stored separately because of heavy contamination with copper shall be collected in a separate receiver, and their quantity and strength ascertained every day and recorded in the registers.

(2)     No vessel used for receiving or storing spirit shall unlocked, when it is closed. All cocks and fastenings shall be locked with excise revenue locks having excise tickets signed by the Distillery Officer. All flanges and couplings, inter-connecting different lengths of pipes shall be wrapped with cloth by the licensee and duly sealed with lead seals by the Distillery Officer.

Rule - [12. Register of receipts, issues, etc. of sprit.

All receipts and issues of spirit and losses and increase in the stock of spirit stored in vats and receivers shall be entered in the vat account register in Form VII which shall be maintained separately for each vat or receiver by the licensee every day which it shall be the duty of the Distillery Officer to check and attest every day.][5]

Rule - 13. Account of stock of Spirit.

(1)     An account of the total stock of spirit at the distillery shall be maintained by the licensee [6][in Form VIII every day which it shall be the duty of the Distillery Officer to check and attest every day.]

(2)     The licensee or his manager shall send, not later than the fifth day of each month through the Distillery Officer in Form IX an account of the spirit manufactured, and issued during the previous month to

(i)       the Commissioner of Prohibition and Excise, Maharashtra State, Bombay;

(ii)      the Industries Commissioner, Maharashtra State, Bombay;

(iii)     The Superintendent [7][* * *] of prohibition and Excise of the District.

(3)     The Distillery Officer shall, not later than the seventh of every month, submit an extract of monthly accounts of spirit stock at the distillery pertaining to the previous month in Form X to

(i)       the Commissioner of prohibition and Excise, Maharashtra State, Bombay;

 

(ii)      the Industries Commissioner, Maharashtra State, Bombay;

 

(iii)     the Superintendent [8][* * *] of Prohibition and Excise of the District.

 

(iv)    On the first working day of every month, the distillery Officer shall also forward to the Officers mentioned in sub-rule (3),

(a)      a statement in Form XI showing.

(i)       where the distillation loss exceeds 2 per cent in any case, full details of spirit issued for redistillation and that obtained after redistillation, and

(ii)      where the losses in transactions, such as, transit, reduction, blending, evaporation, racking and others exceed 0.5 per cent, in each case, full details of such transactions, and

(b)      a statement in Form XII showing where the out-turn of spirit is less than 42.5 and 36.5 proof litres per quintal of mhowra, flowers and molasses, respectively, the details of fermentation and distillation Processes, sugar per cent of raw materials and yields.

 

(4)     In all these cases, the Distillery Officer shall explain the reasons for excess losses, and where necessary, obtain a statement from the licensee which shall be forwarded with his report to the Superintendent [9][* * *] of Prohibition and Excise who shall obtain sanction of the Commissioner to write off excess losses, if, on receipt of advice from the Industries Commissioner, he finds the reasons, assigned to be satisfactory.

Rule - 14. Miscellaneous Operations.

Water placed in empty spirit vats shall be disposed of in the presence of the Distillery Officer or issued for redistillation at the option of the licensee. The quantity and strength of the grog shall be ascertained in all cases and necessary entries made in the registers in Forms VII and VIII.

PART III

PROVISIONS RELATED TO LICENCES FOR MANUFACTURING POTABLE LIQUOR

Rule - 15. Grant of licence.

(1)     Any person holding a licence for construction and working a distillery for the manufacture of spirit. 1[in Form I or a licence for the possession and use of rectified spirit in Form RS-II appended to the Bombay Rectified Spirit Rules, 1951] and desiring to manufacture potable liquor shall make an application in Form P.L.A. for a licence in that behalf to the State Government through the Commissioner. The application shall be accompanied by a plan in quadruplicate containing a full description of the premises and material utensils, implements or apparatus required for manufacturing such liquor. The applicant shall also submit with the application four signed copies of a statement explaining the process which he desires to adopt for manufacturing each kind of potable liquor. On receipt of an application, the Commissioner shall forward it to the State Government with his recommendations thereon.

(2)     If the State Government is satisfied that the material utensils, premises, plant and implements or apparatus to be used in connection with the manufacture of potable liquor and arrangements for the storage and issue thereof are suitable, it may grant a licence in Form P.L.L. to the applicant on payment of [10][a fee (inclusive of consideration) of fifty thousand rupees] and on the conditions specified in Rule 17 or may refuse to grant it after giving the applicant an opportunity to be heard; and inform the Commissioner of the decision. [11][Where the applicant is granted the licence applied for, the State Government shall retain with it the originals of the description, plan and statements explaining the process forwarded by the applicant and forward the duplicates, triplicates and quadruplicates thereof duly sealed with a copy of the licence to the licensee, Distillery Officer and the District Prohibition and Excise Officer concerned, respectively.]

(3)     No licence shall be granted for a period exceeding five years and in any case not beyond 31st March of the fifth year after the commencement of the licence.

Rule - 16. Renewal of licence.

(1)     Any licence granted under rule 15 may be renewed by the State Government for a period not exceeding five years on payment of a renewal [12][fee (inclusive of consideration) of fifty thousand rupees].

(2)     An application for renewal of a licence shall be made two months before the expiry of the licence in Form P.L.A. through the manufactory Officer.

Rule - [16-A. Keeping of deposit.

Every licensee shall deposit with the State Government, either in cash or in Government securities an amount of Rs. 10,000 for the due observance of these rules and conditions of his licence].[13]

Rule - 17. Conditions of Licence.

(1)     The licensee shall provide in the manufactory separate rooms or compartments having their grills embedded in cement for the following purposes, namely:

(a)      storing spirit;

(b)      manufacturing operations;

(c)      Storing duly manufactured potable liquor in vats;

(d)      bottling operations; and

(e)      storing duly manufactured potable liquor in sealed bottles and other receptacles.

(f)       No such room or compartment shall be used for more than one of the said purposes.

(2)     Every room or compartment in the manufactory shall be well ventilated and all the windows thereof shall be securely barred and wirenetted. Every such room or compartment shall bear on the outside a sign-board on which shall be legibly painted in oil colour the purpose for which the room or compartment is used; and every room or compartment shall be provided with excise ticket lock or revenue lock.

(3)     After the licence has been granted, no addition to, or alteration in, any room or compartment or any of the permanent fixtures of the manufactory shall be made without the previous approval in writing of the State Government.

(4)     All pipes from sinks or wash-basins inside the manufactory premises shall discharge into drains forming part of the general drainage system of the premises.

(5)     All gas and electric connections with the manufactory premises shall be fixed in such manner as to ensure that the supply of gas or electricity can be cut off and all the regulators or switches securely locked at the end of the day's work.

(6)     Unless otherwise directed by the State Government in writing, there shall be only one entrance to the manufactory and one emergency exit and one door to each of its rooms or compartments. All these doors shall be secured with excise ticket clocks or revenue locks during the absence of the manufactory Officer. The emergency exit shall be kept closed with excise ticket lock or revenue lock and shall be opened only on emergent occasions.

(7)     The licensee shall cause to be legibly painted with oil colour and keep so painted, on sum conspicuous part of every vat or other vessel intended to be used by him in his business and the purpose for which is intended to be used.

(8)     When more than one vat or vessel or room is used for the same purpose, all such vats or vessels or rooms shall bear distinctive serial numbers.

(9)     All vats, vessels and other receptacles shall be placed and fixed in such manner as to ensure that the contents can be accurately ascertained by gauge or measure, and shall not be altered in shape, position or capacity without two days' notice in writing to the Manufactory Officer.

(10)   All vats, vessels and receptacles shall be gauged jointly by the Manufactory Officer and the licensee and tables prepared by the Manufactory Officer showing the total capacity of each vessel, in litres and the capacity at each centimetre and 2 mm. in depth. Record of these details shall be kept in a register in Form P.L.-III.

(11)   No vessel which has been altered' in shape, position or capacity shall again be taken into use, unless it has been regauged by the Manufactory Officer and new tables therefor are prepared by him if necessary.

(12)   All transactions pertaining to the receipt, transport, storage of spirit and manufacture, bottling and issues of potable liquor shall be under excise supervision. The Commissioner may appoint such staff at the manufactory for excise supervision as is considered necessary and the cost of such staff shall be paid to the State Government by the licensee [14][quarterly] in advance.

(13)   The manufactory shall not be kept open except during the factory hours on normal factory working days. The Excise Supervisory staff posted at the manufactory shall not be entitled for a public holiday, if it is not a factory holiday nor that staff will be eligible for overtime allowance for the work done on such public holidays as it is not a factory holiday. On any emergent occasion, the licensee may, with the previous written permission of the Commissioner, keep the manufactory open on any factory holiday. In such cases, the licensee shall pay to the State Government overtime charges at the rates prescribed by the Commissioner from time to time.

(14)   The licensee shall provide and maintain in the manufactory sufficient and accurate scales, weights and measures and other necessary appliances to enable the officer-in-charge of the manufactory or such other officer as may inspect the manufactory to take account of, or check by weight, gauge or measure, all materials, spirit and potable liquor manufactured in the manufactory and provide sufficient lights, ladders and other conveniences to enable the prohibition and Excise staff to perform their duties.

(15)   The licensee shall also provide in the manufactory proper gauge rods and a standard Saccharometer, a thermometer and hydrometer.

(16)   Unless otherwise permitted by the Commissioner, the licensee shall obtain his requirements of spirit from his own distillery under a pass issued by Distillery Officer.

(17)   The spirit required for the manufacture of potable liquor shall be obtained on an indent in Form P.L. I. countersigned by the Manufactory Officer.

(18)   The consignments of spirit shall be verified in volume and strength and the receipt of such supply shall be entered in the register in Form P.L. IV.

(19)   After the spirit has been received, it shall be stored in one or more vessels in the spirit room.

(20)   Spirit shall be issued from the spirit room to the manufacturing room on a requisition from the licensee which shall be made in Form P.L. II in such quantities as are required for the manufacture of a batch of potable liquor. All spirit so issued shall, in the presence of the Manufactory Officer, be added without delay to the other materials for the preparation of potable liquor specified in the application.

(21)   Only pure filtered water shall be used in the manufacture of potable liquor.

(22)   Each variety of potable liquor manufactured shall be registered, and shall bear a distinctive number which shall be known as its registered batch number in the register in Form P.L. V. The register also shows the receipt and disposal of all spirit issued to the manufacturing room from the spirit room and the quantity of all finished potable liquor manufactured therefrom. As soon as a batch of potable liquor is manufactured, it shall be removed either to the room for storing it in vats or to the bottling room. It shall then be carefully measured into vats in the store room or in vessels in the bottling room provided for the purpose and accounted for in the registers in Forms P.L. VI and P.L. VII, respectively. The potable liquor stored in the store-room in vats shall be removed to the bottling room whenever required and shall be accounted for in the register in Form P.L. VII. Unless otherwise permitted by the Commissioner, the potable liquor removed to the bottling room shall be bottled in bottles of the capacities of 180 millilitres, 375 millilitres and 750 millilitres. As soon as a batch of potable liquor is bottled, it shall be removed to the liquor room, and accounted for in the register in Form P.L. VIII.

(23)   No potable liquor shall be bottled by the licensee except in the presence of the Manufactory Officer or some other officer deputed for the purpose.

(24)   All bottled potable liquor shall bear a label showing the name of the manufacturer, the name of potable liquor, the place of manufacture, the alcoholic percentage and the batch number of the potable liquor.

(25)   The guaranteed fluid contents of each bottles or receptacle shall be clearly indicated in bold letters on the label.

(26)   All lables required to be used shall be submitted to the Commissioner for his approval before use.

(27)   The strength of any variety of potable liquor shall not exceed or shall not be less than the strength sanctioned in the licence.

(28)   The containers to be used for the purpose of bottling potable liquor shall be new and shall be properly cleaned and washed.

(29)   Immediately after the containers are filled up, they shall be corked, capsuled and labelled and removed to the liquor room.

(30)   The capsule shall be metalic, and shall be firmly fixed in position by capsuling machine or any other suitable appliance.

The capsule shall bear the name of the manufacturer [15][* * *]

(31)   An account of the transactions in the bottling room shall be maintained in Form P.L. VII.

(32)   The licensee shall store all the potable liquor manufactured and bottled in the manufactory in the liquor room and nowhere else.

(33)   The licensee shall conduct his business either personally or by an agent authorised in writing by him in that behalf.

(34)   The licensee shall keep the licensed premises and all the goods therein open for inspection and examination at all reasonable times by the Commissioner or the Collector or the Superintendent of Prohibition and Excise [16][* * *] or any other officer empowered under section 122 of the Act. The licensee shall render all assistance in such inspection and examination.

(35)   The licensee shall, when so required by the Commissioner, Collector, Superintendent of Prohibition and Excise, [17][* * *] or by any officer empowered by the Commissioner in this behalf, 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. He shall answer all questions put to him to the best of his knowledge and belief.

(36)   The licensee shall maintain a visit book paged and stamped by the Superintendent [18][* * * *] of Prohibition and Excise in which the visiting Officers may record any remarks when inspecting the licensed premises. The licensee shall, on the termination of the period of the licence, deliver up the visit-book, the accounts and the licence to the Superintendent, [19][ * * *] of prohibition and Excise of the district.

(37)   The licensee shall preserve invoices, cash memoranda, permits and other documents relating to the consignments received and dealt with by him for a period of one year after the year to which they relate.

(38)   The licensee shall not discontinue the manufacture of potable liquor unless he has given two calendar months' notice to [20][* * *] the Commissioner of his intention to do so.

(39)   The licensee shall keep the total produce of one batch separate from the produce of any other batch, unless an account of the first mentioned produce is taken by the Manufactory Officer.

(40)   The licensee shall not mix the produce of one batch with that of another except in his manufacturing room. No such mixing shall be carried out unless previous notice is given by him in writing to the Manufactory Officer. He shall specify the quantity and strength of the spirit or potable liquor before making and after mixing.

(41)   All spirit in the manufacturing room shall be kept untouched until the Manufactory Officer has attended and taken account of such spirit and the material to be used.

(42)   All the manufacturing and bottling operations shall be conducted under hygenic conditions.

(43)   The licensee shall abide by all rules, regulations and orders made from time to time under the Act.

(44)   All colouring and flavouring substances to be used by the licensee shall be kept on the licensed premises under lock and key, both of the licensee and the Manufactory Officer. A sample from each kind of such substances shall be sent through the Manufactory Officer by the licensee immediately on receipt to the chemical Analyser and no such substances shall be used by the licensee, unless the Chemical Analyser has approved the same as suitable for manufacture of potable liquor. If the Chemical Analyser advises, that the excessive addition of any of the substances sent to him for examination will make the liquor injurious, the licensee shall use such substance in the proportion indicated by the Chemical Analyser. In the event of any such substance remaining unused for twelve months from the date of receipt, fresh sample shall be submitted for examination in the same manner.

[21][Provided that, the licensee shall not send the sample from each kind of such colouring and flavouring substances for analysis if such substances are obtained from persons (including companies and firms) manufacturing such substances and such persons are approved by the Commissioner and the person manufacturing such substances certifies that the substances supplied to the licensee conform to the standards prescribed by or under the Prevention of Food Adulteration Act, 1954, and the rules framed thereunder, and that such substances have not remained unused for twelve months from the date of their receipt by the manufactory]

Correct accounts of all colouring and flavoring substances in the manufactory shall be maintained by the licensee in Form P.L. XII. The accounts shall remain in the custody of the Manufactory Officer who shall check them at the end of each day's work.

(45)   The licensee shall maintain accounts in proper forms and registers as required by these rules. The accounts shall be written every day which it shall be the duty of the Manufactory Officer to check and attest every day.

(46)   The licensee shall deliver to the Manufactory Officer not later than the 5th of each month, a return of transactions of business in respect of the preceding month in duplicate in Form P.L. XII. The Manufactory Officer shall send one copy with his remarks to the District Prohibition and Excise Officer.

Rule - 18. Analysis of potable liquor

(1)     On completion of the manufacture of potable liquor, the Manufactory Officer shall permit the licensee to take free sample [22][not exceeding the quantity that may be permitted by the Commissioner] for analysis in the licensee's laboratory and declaration of the true strength of alcohol.

(2)     Any quantity left over after analysis shall be immediately brought back to the manufactory, and mixed with the main bulk of the batch before it is removed to the bottling room.

(3)     An account of the quantity used by the licensee for analysis shall be maintained in Form P.L. IX.

(4)     The alcoholic strength of any potable liquor as declared by the licensee shall be entered by the licensee in the register in Form P.L. V.

(5)     Immediately after the declaration by the licensee of the alcoholic strength of a potable liquor, and before such liquor is removed to the bottling room, the licensee shall make proper entries in the register in Form P.L. V.

(6)     The Manufactory Officer shall check the entries, and if they are found to be in order, he shall initial the relevant entries in the register in Form P.L. V.

Rule - 19. No removal except under transport pass.

(1)     No potable liquor manufactured at a manufactory shall be removed therefrom except under a transport pass in Form P.L. XI issued by the Manufactory Officer.

(2)     No transport pass shall be issued, unless the excise duty and transport fee, if any, payable on the quantity of potable liquor intended for removal are paid, and a chalan for the payment is produced before the Manufactory Officer. All such chalans shall be filed by the Manufactory Officer. [23][In cases where the potable liquor is to be transported under bond, the licensee shall execute a bond in Form P.L.-XIV before the District Prohibition and Excise Officer, for payment of excise duty and fees payable on the quantity of potable liquor to be transported:

Provided that the execution of bond may be dispensed with by the District Prohibition and Excise Officer in case of any transporter who has deposited in Government Treasury a sum which in the opinion of that officer is sufficient to cover the amount of duty and fees payable by him]

Rule - 20. Removal of potable liquor.

(1)    A licensee desiring to remove potable liquor from a manufactory shall make an application in Form P.L.-X, to the Manufactory Officer along with a chalan showing the payment of excise duty and transport fee, if any, into a Government Treasury in respect of the liquor proposed to be so removed.

[24][(2) On receipt of an application under sub-rule (1), the Manufactory Officer shall after ascertaining that the particulars furnished in the application are correct, and if he sees no objections, issue a transport pass in quadruplicate in Form P.L.-XI. One copy (counterfoil) of such pass shall be retained at the manufactory on the record of the Manufactory Officer, the duplicate shall be sent to the District Prohibition and Excise Officer in whose jurisdiction the place of destination is situated, the triplicate shall be given to the licensee to accompany the consignment and the quadruplicate shall be given to the transporter for production at the railway station, if necessary, for effecting release of the consignment, and thereafter for production before the officer at the place of destination.]

[25][(3) Where the consignment of potable liquor is transported under bond, the transporter shall, on the consignment reaching its destination obtain the certificate in Form "Certificate-I" annexed to Part-IV of the pass, duly filled in, signed and sealed by the Officer at the licensed premises at destination and produce it before the Manufactory Officer from where the potable liquor is transported, but in no case shall he fail to produce such certificate before the latter officer within two months from the date of the bond in Form P.L.-XIV.

(4)   On receipt of the certificate from the transporter, the Manufactory Officer shall see whether any less quantity of potable liquor was delivered by him than that was allowed to be transported under the transport pass and report accordingly to the District Prohibition and Excise Officer of his jurisdiction. The District Prohibition and Excise Officer, on receipt of the report of the Manufactory Officer, shall take steps to recover the excise duty and fees on the short delivered quantity of potable liquor. When the excise dues on the less delivered quantity of potable liquor are recovered or where the quantity is delivered correctly, the bond executed in Form P.L.-XIV shall be released.]

Rule - 21. Collection of duty.

The Manufactory Officer shall be responsible for the correct collection of duty and fees, if any, at the prescribed rate before any potable liquor is allowed to be removed from the Manufactory except in the case of exports or removal under bond.

Rule - 22. Supervision.

(1)     The Manufactory Officer shall exercise such supervision as is required to ensure that spirit issued for a certain batch is added to the materials which go to make that batch and that no portion of such spirit is diverted for other purposes.

(2)     The Manufactory Officer shall daily check and attest the accounts maintained by the licensee.

(3)     The Prohibition and Excise Officer specially empowered in this behalf by the Commissioner shall inspect the manufactory and shall submit the notes of their inspection to the Officer specified by the Commissioner. They shall also be responsible for the correct maintenance of account and collection of duty by the Manufactory Officer.

Rule - 23. Authority of persons authorised by licensee.

(1)     The agents, clerks and other persons who have been duly authorised in this behalf by the licensee and approved by the Manufactory Officer may enter into the Manufactory and carry out their work in connection with the Manufacture during the working hours of the manufactory.

(2)     Any persons duly authorised in that behalf by the licensee may sign all application and indents for the issue of spirit or potable liquor.

Rule - [24. Instruction to be issued on supplementary matters.

The Commissioner of Prohibition and Excise, Maharashtra State, Bombay, may issue written instructions providing for any supplementary matters arising out of these rules.

Rule - 25. Delegation of powers.

The State Government may by an order in writing delegate all or any of its powers under the provisions of these rules to the Commissioner.][26]

 

 

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MAHARASHTRA DISTILLATION OF SPIRIT AND MANUFACTURE OF POTABLE LIQUOR RULES, 1966

PREAMBLE

G.N., H.D., No. RTS. 1164/55423-III, dated 17th May 1966 (M.G., pt, IV-B. p. 681)

Amended by G.N., H.D., No. MSP. 1066/9166-III, dated 24th February 1967 (M.G., pt., IV-B. p. 257)

Amended by G.N., H.D., No. MSP. 1066/44379-III, dated 14th August 1967. (M.G., pt. IV-B. p. 2058)

Amended by G.N., H.D., No. RTS. 1170/49741-III, dated 31st May 1971 (M.G., pt. IV-B. p. 774)

Amended by G.N., H.D., No. BWR. 1171/637-III, dated 18th May 1974. (M.G., pt. IV-B, p. 776)

Amended by G.N., H.D., No. BWR. O175/1/XX VIII-PR dated 31-8-1977 (M.G., pt., IV-B, p. 713)

Amended by G.N., H.D., No. 3PA. 2079-V-PRO-2 dated 24-3-1979 (M.G., pt., IV-B, p. 735-736).

Amended by G.N., H.D., No. BPA. 1081/21-(II)-PRO-2 dated 6-11-1981 (M.G., pt., IV-B, pps. 1936-37)

In exercise of the powers conferred by clauses (b), (c), (f), (g), (hl), (k), (13) and (u) of sub-section (2) of section 143 of the Bombay Prohibition Act, 1949 (Bom. XXV of 1949), and of all other powers enabling it in this behalf the Government of Maharashtra hereby makes the following Rules, the same having been previously published as required by sub-section (3) of the said section 143, namely:-

PART I

PRELIMINARY

Rule - 1.

(1)     These Rules may be called the Maharashtra Distillation of Spirit and manufacture of Potable Liquor Rides, 1966.

(2)     They extend to the whole of the State of Maharashtra.

Rule - 2.

In these Rules, unless the context otherwise requires,

(a)      "Act" means the. Bombay Prohibition Act, 1949;

(b)      "Chemical analyser" means [1][Director, Haffkine Institute, Bombay] or any other officer appointed by the State Government as Chemical Analyser for the purpose of these Rules;

(c)      "Compounding" means the manufacture of potable liquor by addition to spirit of a flavouring or colouring matter or both;

(d)      "Distillery Officer" means a Prohibition and Excise Officer appointed for the purpose of supervising the working of a distillery;

(e)      "Excise supervision" means supervision over operations at a distillery or over manufacture of potable liquor in a manufactory by members of the staff of the Prohibition and Excise Dapartment appointed in that behalf by the Commissioner or any Prohibition Officer duly empowered by the State Government or the Commissioner in that behalf;

(f)       "fermentative base" means molasses, mhowra flowers or any other substance containing sugar from which a licensee is allowed to manufacture potable liquor;

(g)      "Form" means a form appended to these Rules;

(h)     "licence" means a licence granted under these Rules;

(i)       "licensee" means a person who holds a licence;

(j)       "liquor room" means that portion of the manufactory which is set apart for the storage of potable liquor in sealed bottles and other receptacles;

(k)      "manufactory" means that portion of a distillery premises which is set apart for the manufacture of potable liquor and includes a liquor room and every place therein from which such liquor is issued;

(l)       "Manufactory Officer" means the Prohibition and Excise Officer appointed for the purpose of supervising the operations in a manufactory:

(m)    "potable liquor" means brandy, whisky, rum, gin or any other liquor manufactured either by the process of distillation, or by compounding or blending spirit with essence, colouring and flavouring substances;

(n)     "spirit" means rectified spirit including absolute alcohol;

(o)      "to reduce" means to reduce the strength of spirit to a prescribed strength by addition of pure filtered water; and the expression "reducing" shall be construed accordingly;

(p)      "spirit room" means that portion of a manufactory which is set apart for the storage of spirit;

(q)      "wash" means sugary solution prepared from a fermentative base and water, in which fermentation has started or to which yeast or active wash has been added;

(r)      "washback" means a vessel used for the storage of wash during its fermentation;

(s)      "wort" means sugary solution prepared from a fermentative base and water, in which fermentation has not started.

PART II

PROVISION RELATING TO DISTILLERY LICENCES

Rule - 3. Grant of distillery licence.

(1)     Any person desiring to construct and work a distillery for the manufacture of spirit shall make an application for a licence in that behalf to the State Government through the Commissioner. The application shall contain the following particulars, that is to say-

(i)       the name and address of the applicant;

 

(ii)      the place where the distillery is to be constructed and worked;

 

(iii)     the description and plan in quadruplicate of the proposed distillery;

 

(iv)    a statement in quadruplicate, specifying the number, size description and capacity for vessels of storing wash or spirit including receivers, and other apparatus as are proposed to be used in working the distillery.

 

(v)      a statement, in quadruplicate, specifying the make and capacity of the still proposed to be erected and used, in working the distillery.

 

(2)     The application shall be accompanied by an undertaking to the effect that the applicant shall abide by the provisions of the Act and the rules, regulations and orders made thereunder and the conditions of the licence.

 

(3)     On receipt of an application and after making such inquiries for verification of the details stated in the application as also such other inquiries as he may deem necessary, the Commissioner shall forward the application to the State Government with his remarks. The State Government may, if it is satisfied that the applicant is likely to abide by the provisions of the Act and the rules, regulations and orders made thereunder and the conditions of the licence and further that there is no objection to granting the licence applied for, grant the applicant a licence in Form I on payment of [2][a fee (inclusive of consideration) of fifty thousand rupees] or may, after recording its reasons, refuse to grant the licence, and inform the Commissioner of the decision:

Provided that, no such licence shall be refused unless the applicant has been given an opportunity to tender an explanation.

(4)     Where the applicant is granted the licence applied for the Commissioner shall retain with him the originals of the description, plan and statements referred to in sub-rule (1), and forward the duplicates and triplicates thereof, with a copy of the licence, to the Distillery Officer, and the District Prohibition and Excise Officer concerned, respectively, and return the quadruplicate to the licensee.

 

(5)     No licence shall be granted for a period of more than five years at a time, and in no case shall such period extend beyond 31st March of the fifth year following the date of commencement of the licence.

Rule - 4.[Renewal of licence.

(1)     The licence may be renewed by the State Government for a period not exceeding five years on payment of renewal 1[fee inclusive of consideration of fifty thousand rupees.][3]

(2)     [4][An application for renewal of a licence shall be made two months before the expiry of the licence, through the Distillery Officer.]

Rule - 5. Setting up of Distillery.

(1)     A distillery shall be set up in accordance with the plan approved by the Commissioner:

(2)     each wash-back, vat, vessel or receiver, shall before it is used in a distillery for storage of wash or spirit, be gauged, and the following particulars shall be indicated in paint thereon, namely:

(i)       Whether it is a wash-back, storage vat, vessel or receiver;

 

(ii)      serial number thereof;

 

(iii)     capacity in litres;

 

(iv)    in the case of storage vats, the kind of spirit stored;

 

(v)      date on which it is gauged,

 

(3)     The various pipe-lines in the distillery shall be painted with distinctive colours, as indicated below:

(4)     The licensee and the Distillery Officer shall each-keep a register-in Form II in which the tables of gauging for wash-back, vat, vessel and receiver at the distillery shall be entered.

Rule - 6. Storage of fermentative bases.

(1)     The Distillery Officer shall keep the record of his survey of the wash back, stills and spirit receivers at the Distillery in a survey Register in Form III, and note therein every change in the condition of such wash-backs, still and spirit receivers as provided in the form.

 

(2)     The licensee and Distillery Officer shall each maintain a register in Form IV, showing the progress of fermentation and distillation at the distillery.

 

(3)     The Distillery Officer shall make check-weighments or verify the stock of the fermentative bases passed into the distillery, at least once a week, and shall make a note to this effect in the remarks column of Appendix D to Form I.

Rule - 8. Fermentation.

(1)     The wort of the desired gravity, which shall be ascertained and verified by means of a saccharometer, shall be put into wash-backs. The quantity of wort shall be ascertained, and a sample thereof taken for finding out the percentage of its sugar contents; and thereafter, the required quantity of yeast or active wash shall be added to it.

 

(2)     Where mhowra flowers are used as fermentative base, the wort shall be prepared by maceration or diffusion process.

 

(3)     The licensee shall give the Distillery officer in Form V a declaration of wash made as soon as any wash is placed in a wash-back.

Rule - 9. Distillation.

(1)     The gravity of the fermenting wash in each wash-back shall be ascertained at least twice a day, i.e., in the morning and evening. When a stationary gravity is reached and, shows no further decrease, a sample of the wash shall be taken for ascertaining the percentage of alcohol contents thereof. The licensee shall then remove the wash to the still for distillation and give the Distillery Officer in Form VI at least one hour's notice of his intention to remove the wash for distillation:

Provided that in case of any emergency, such as choking for valve or pipes of the wash-back under operation, the licensee may remove the wash to the still without giving an hour's notice, but he shall immediately inform in writing the Distillery Officer to that effect.

(2)     After the distillation is complete, the Distillery Officer shall gauge the contents of the receive into which spirit was received and make a note to that effect in the survey register in Form III. The whole process of distillation shall be carried on under the supervision of the Distillery officer.

Rule - 10. Removal of spirit to storage vat or still.

(1)     The licensee shall give the Distillery Officer at least one hour's notice in Form VI of his intention to remove spirit from the receiver to the storage vat or still. The Distillery Officer shall, at the time specified in the notice, attend the operation of such removal. The fastenings of receiver shall be unlocked in the presence of the Distillery Officer. The licensee or his manager or agent shall then get the spirit in each vessel properly stirred and mixed, and get the samples of spirit drawn and their temperatures, hydrometer readings and strengths ascertained. All valves and mandoors of vessel shall thereafter be relocked.

(2)     Every reasonable facility shall be offered to the licensee or his manager for checking the gauge and strengths officially taken and recorded.

Rule - 11. Storage.

(1)     All foreshots and feints which are to be redistilled or stored separately because of heavy contamination with copper shall be collected in a separate receiver, and their quantity and strength ascertained every day and recorded in the registers.

(2)     No vessel used for receiving or storing spirit shall unlocked, when it is closed. All cocks and fastenings shall be locked with excise revenue locks having excise tickets signed by the Distillery Officer. All flanges and couplings, inter-connecting different lengths of pipes shall be wrapped with cloth by the licensee and duly sealed with lead seals by the Distillery Officer.

Rule - [12. Register of receipts, issues, etc. of sprit.

All receipts and issues of spirit and losses and increase in the stock of spirit stored in vats and receivers shall be entered in the vat account register in Form VII which shall be maintained separately for each vat or receiver by the licensee every day which it shall be the duty of the Distillery Officer to check and attest every day.][5]

Rule - 13. Account of stock of Spirit.

(1)     An account of the total stock of spirit at the distillery shall be maintained by the licensee [6][in Form VIII every day which it shall be the duty of the Distillery Officer to check and attest every day.]

(2)     The licensee or his manager shall send, not later than the fifth day of each month through the Distillery Officer in Form IX an account of the spirit manufactured, and issued during the previous month to

(i)       the Commissioner of Prohibition and Excise, Maharashtra State, Bombay;

(ii)      the Industries Commissioner, Maharashtra State, Bombay;

(iii)     The Superintendent [7][* * *] of prohibition and Excise of the District.

(3)     The Distillery Officer shall, not later than the seventh of every month, submit an extract of monthly accounts of spirit stock at the distillery pertaining to the previous month in Form X to

(i)       the Commissioner of prohibition and Excise, Maharashtra State, Bombay;

 

(ii)      the Industries Commissioner, Maharashtra State, Bombay;

 

(iii)     the Superintendent [8][* * *] of Prohibition and Excise of the District.

 

(iv)    On the first working day of every month, the distillery Officer shall also forward to the Officers mentioned in sub-rule (3),

(a)      a statement in Form XI showing.

(i)       where the distillation loss exceeds 2 per cent in any case, full details of spirit issued for redistillation and that obtained after redistillation, and

(ii)      where the losses in transactions, such as, transit, reduction, blending, evaporation, racking and others exceed 0.5 per cent, in each case, full details of such transactions, and

(b)      a statement in Form XII showing where the out-turn of spirit is less than 42.5 and 36.5 proof litres per quintal of mhowra, flowers and molasses, respectively, the details of fermentation and distillation Processes, sugar per cent of raw materials and yields.

 

(4)     In all these cases, the Distillery Officer shall explain the reasons for excess losses, and where necessary, obtain a statement from the licensee which shall be forwarded with his report to the Superintendent [9][* * *] of Prohibition and Excise who shall obtain sanction of the Commissioner to write off excess losses, if, on receipt of advice from the Industries Commissioner, he finds the reasons, assigned to be satisfactory.

Rule - 14. Miscellaneous Operations.

Water placed in empty spirit vats shall be disposed of in the presence of the Distillery Officer or issued for redistillation at the option of the licensee. The quantity and strength of the grog shall be ascertained in all cases and necessary entries made in the registers in Forms VII and VIII.

PART III

PROVISIONS RELATED TO LICENCES FOR MANUFACTURING POTABLE LIQUOR

Rule - 15. Grant of licence.

(1)     Any person holding a licence for construction and working a distillery for the manufacture of spirit. 1[in Form I or a licence for the possession and use of rectified spirit in Form RS-II appended to the Bombay Rectified Spirit Rules, 1951] and desiring to manufacture potable liquor shall make an application in Form P.L.A. for a licence in that behalf to the State Government through the Commissioner. The application shall be accompanied by a plan in quadruplicate containing a full description of the premises and material utensils, implements or apparatus required for manufacturing such liquor. The applicant shall also submit with the application four signed copies of a statement explaining the process which he desires to adopt for manufacturing each kind of potable liquor. On receipt of an application, the Commissioner shall forward it to the State Government with his recommendations thereon.

(2)     If the State Government is satisfied that the material utensils, premises, plant and implements or apparatus to be used in connection with the manufacture of potable liquor and arrangements for the storage and issue thereof are suitable, it may grant a licence in Form P.L.L. to the applicant on payment of [10][a fee (inclusive of consideration) of fifty thousand rupees] and on the conditions specified in Rule 17 or may refuse to grant it after giving the applicant an opportunity to be heard; and inform the Commissioner of the decision. [11][Where the applicant is granted the licence applied for, the State Government shall retain with it the originals of the description, plan and statements explaining the process forwarded by the applicant and forward the duplicates, triplicates and quadruplicates thereof duly sealed with a copy of the licence to the licensee, Distillery Officer and the District Prohibition and Excise Officer concerned, respectively.]

(3)     No licence shall be granted for a period exceeding five years and in any case not beyond 31st March of the fifth year after the commencement of the licence.

Rule - 16. Renewal of licence.

(1)     Any licence granted under rule 15 may be renewed by the State Government for a period not exceeding five years on payment of a renewal [12][fee (inclusive of consideration) of fifty thousand rupees].

(2)     An application for renewal of a licence shall be made two months before the expiry of the licence in Form P.L.A. through the manufactory Officer.

Rule - [16-A. Keeping of deposit.

Every licensee shall deposit with the State Government, either in cash or in Government securities an amount of Rs. 10,000 for the due observance of these rules and conditions of his licence].[13]

Rule - 17. Conditions of Licence.

(1)     The licensee shall provide in the manufactory separate rooms or compartments having their grills embedded in cement for the following purposes, namely:

(a)      storing spirit;

(b)      manufacturing operations;

(c)      Storing duly manufactured potable liquor in vats;

(d)      bottling operations; and

(e)      storing duly manufactured potable liquor in sealed bottles and other receptacles.

(f)       No such room or compartment shall be used for more than one of the said purposes.

(2)     Every room or compartment in the manufactory shall be well ventilated and all the windows thereof shall be securely barred and wirenetted. Every such room or compartment shall bear on the outside a sign-board on which shall be legibly painted in oil colour the purpose for which the room or compartment is used; and every room or compartment shall be provided with excise ticket lock or revenue lock.

(3)     After the licence has been granted, no addition to, or alteration in, any room or compartment or any of the permanent fixtures of the manufactory shall be made without the previous approval in writing of the State Government.

(4)     All pipes from sinks or wash-basins inside the manufactory premises shall discharge into drains forming part of the general drainage system of the premises.

(5)     All gas and electric connections with the manufactory premises shall be fixed in such manner as to ensure that the supply of gas or electricity can be cut off and all the regulators or switches securely locked at the end of the day's work.

(6)     Unless otherwise directed by the State Government in writing, there shall be only one entrance to the manufactory and one emergency exit and one door to each of its rooms or compartments. All these doors shall be secured with excise ticket clocks or revenue locks during the absence of the manufactory Officer. The emergency exit shall be kept closed with excise ticket lock or revenue lock and shall be opened only on emergent occasions.

(7)     The licensee shall cause to be legibly painted with oil colour and keep so painted, on sum conspicuous part of every vat or other vessel intended to be used by him in his business and the purpose for which is intended to be used.

(8)     When more than one vat or vessel or room is used for the same purpose, all such vats or vessels or rooms shall bear distinctive serial numbers.

(9)     All vats, vessels and other receptacles shall be placed and fixed in such manner as to ensure that the contents can be accurately ascertained by gauge or measure, and shall not be altered in shape, position or capacity without two days' notice in writing to the Manufactory Officer.

(10)   All vats, vessels and receptacles shall be gauged jointly by the Manufactory Officer and the licensee and tables prepared by the Manufactory Officer showing the total capacity of each vessel, in litres and the capacity at each centimetre and 2 mm. in depth. Record of these details shall be kept in a register in Form P.L.-III.

(11)   No vessel which has been altered' in shape, position or capacity shall again be taken into use, unless it has been regauged by the Manufactory Officer and new tables therefor are prepared by him if necessary.

(12)   All transactions pertaining to the receipt, transport, storage of spirit and manufacture, bottling and issues of potable liquor shall be under excise supervision. The Commissioner may appoint such staff at the manufactory for excise supervision as is considered necessary and the cost of such staff shall be paid to the State Government by the licensee [14][quarterly] in advance.

(13)   The manufactory shall not be kept open except during the factory hours on normal factory working days. The Excise Supervisory staff posted at the manufactory shall not be entitled for a public holiday, if it is not a factory holiday nor that staff will be eligible for overtime allowance for the work done on such public holidays as it is not a factory holiday. On any emergent occasion, the licensee may, with the previous written permission of the Commissioner, keep the manufactory open on any factory holiday. In such cases, the licensee shall pay to the State Government overtime charges at the rates prescribed by the Commissioner from time to time.

(14)   The licensee shall provide and maintain in the manufactory sufficient and accurate scales, weights and measures and other necessary appliances to enable the officer-in-charge of the manufactory or such other officer as may inspect the manufactory to take account of, or check by weight, gauge or measure, all materials, spirit and potable liquor manufactured in the manufactory and provide sufficient lights, ladders and other conveniences to enable the prohibition and Excise staff to perform their duties.

(15)   The licensee shall also provide in the manufactory proper gauge rods and a standard Saccharometer, a thermometer and hydrometer.

(16)   Unless otherwise permitted by the Commissioner, the licensee shall obtain his requirements of spirit from his own distillery under a pass issued by Distillery Officer.

(17)   The spirit required for the manufacture of potable liquor shall be obtained on an indent in Form P.L. I. countersigned by the Manufactory Officer.

(18)   The consignments of spirit shall be verified in volume and strength and the receipt of such supply shall be entered in the register in Form P.L. IV.

(19)   After the spirit has been received, it shall be stored in one or more vessels in the spirit room.

(20)   Spirit shall be issued from the spirit room to the manufacturing room on a requisition from the licensee which shall be made in Form P.L. II in such quantities as are required for the manufacture of a batch of potable liquor. All spirit so issued shall, in the presence of the Manufactory Officer, be added without delay to the other materials for the preparation of potable liquor specified in the application.

(21)   Only pure filtered water shall be used in the manufacture of potable liquor.

(22)   Each variety of potable liquor manufactured shall be registered, and shall bear a distinctive number which shall be known as its registered batch number in the register in Form P.L. V. The register also shows the receipt and disposal of all spirit issued to the manufacturing room from the spirit room and the quantity of all finished potable liquor manufactured therefrom. As soon as a batch of potable liquor is manufactured, it shall be removed either to the room for storing it in vats or to the bottling room. It shall then be carefully measured into vats in the store room or in vessels in the bottling room provided for the purpose and accounted for in the registers in Forms P.L. VI and P.L. VII, respectively. The potable liquor stored in the store-room in vats shall be removed to the bottling room whenever required and shall be accounted for in the register in Form P.L. VII. Unless otherwise permitted by the Commissioner, the potable liquor removed to the bottling room shall be bottled in bottles of the capacities of 180 millilitres, 375 millilitres and 750 millilitres. As soon as a batch of potable liquor is bottled, it shall be removed to the liquor room, and accounted for in the register in Form P.L. VIII.

(23)   No potable liquor shall be bottled by the licensee except in the presence of the Manufactory Officer or some other officer deputed for the purpose.

(24)   All bottled potable liquor shall bear a label showing the name of the manufacturer, the name of potable liquor, the place of manufacture, the alcoholic percentage and the batch number of the potable liquor.

(25)   The guaranteed fluid contents of each bottles or receptacle shall be clearly indicated in bold letters on the label.

(26)   All lables required to be used shall be submitted to the Commissioner for his approval before use.

(27)   The strength of any variety of potable liquor shall not exceed or shall not be less than the strength sanctioned in the licence.

(28)   The containers to be used for the purpose of bottling potable liquor shall be new and shall be properly cleaned and washed.

(29)   Immediately after the containers are filled up, they shall be corked, capsuled and labelled and removed to the liquor room.

(30)   The capsule shall be metalic, and shall be firmly fixed in position by capsuling machine or any other suitable appliance.

The capsule shall bear the name of the manufacturer [15][* * *]

(31)   An account of the transactions in the bottling room shall be maintained in Form P.L. VII.

(32)   The licensee shall store all the potable liquor manufactured and bottled in the manufactory in the liquor room and nowhere else.

(33)   The licensee shall conduct his business either personally or by an agent authorised in writing by him in that behalf.

(34)   The licensee shall keep the licensed premises and all the goods therein open for inspection and examination at all reasonable times by the Commissioner or the Collector or the Superintendent of Prohibition and Excise [16][* * *] or any other officer empowered under section 122 of the Act. The licensee shall render all assistance in such inspection and examination.

(35)   The licensee shall, when so required by the Commissioner, Collector, Superintendent of Prohibition and Excise, [17][* * *] or by any officer empowered by the Commissioner in this behalf, 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. He shall answer all questions put to him to the best of his knowledge and belief.

(36)   The licensee shall maintain a visit book paged and stamped by the Superintendent [18][* * * *] of Prohibition and Excise in which the visiting Officers may record any remarks when inspecting the licensed premises. The licensee shall, on the termination of the period of the licence, deliver up the visit-book, the accounts and the licence to the Superintendent, [19][ * * *] of prohibition and Excise of the district.

(37)   The licensee shall preserve invoices, cash memoranda, permits and other documents relating to the consignments received and dealt with by him for a period of one year after the year to which they relate.

(38)   The licensee shall not discontinue the manufacture of potable liquor unless he has given two calendar months' notice to [20][* * *] the Commissioner of his intention to do so.

(39)   The licensee shall keep the total produce of one batch separate from the produce of any other batch, unless an account of the first mentioned produce is taken by the Manufactory Officer.

(40)   The licensee shall not mix the produce of one batch with that of another except in his manufacturing room. No such mixing shall be carried out unless previous notice is given by him in writing to the Manufactory Officer. He shall specify the quantity and strength of the spirit or potable liquor before making and after mixing.

(41)   All spirit in the manufacturing room shall be kept untouched until the Manufactory Officer has attended and taken account of such spirit and the material to be used.

(42)   All the manufacturing and bottling operations shall be conducted under hygenic conditions.

(43)   The licensee shall abide by all rules, regulations and orders made from time to time under the Act.

(44)   All colouring and flavouring substances to be used by the licensee shall be kept on the licensed premises under lock and key, both of the licensee and the Manufactory Officer. A sample from each kind of such substances shall be sent through the Manufactory Officer by the licensee immediately on receipt to the chemical Analyser and no such substances shall be used by the licensee, unless the Chemical Analyser has approved the same as suitable for manufacture of potable liquor. If the Chemical Analyser advises, that the excessive addition of any of the substances sent to him for examination will make the liquor injurious, the licensee shall use such substance in the proportion indicated by the Chemical Analyser. In the event of any such substance remaining unused for twelve months from the date of receipt, fresh sample shall be submitted for examination in the same manner.

[21][Provided that, the licensee shall not send the sample from each kind of such colouring and flavouring substances for analysis if such substances are obtained from persons (including companies and firms) manufacturing such substances and such persons are approved by the Commissioner and the person manufacturing such substances certifies that the substances supplied to the licensee conform to the standards prescribed by or under the Prevention of Food Adulteration Act, 1954, and the rules framed thereunder, and that such substances have not remained unused for twelve months from the date of their receipt by the manufactory]

Correct accounts of all colouring and flavoring substances in the manufactory shall be maintained by the licensee in Form P.L. XII. The accounts shall remain in the custody of the Manufactory Officer who shall check them at the end of each day's work.

(45)   The licensee shall maintain accounts in proper forms and registers as required by these rules. The accounts shall be written every day which it shall be the duty of the Manufactory Officer to check and attest every day.

(46)   The licensee shall deliver to the Manufactory Officer not later than the 5th of each month, a return of transactions of business in respect of the preceding month in duplicate in Form P.L. XII. The Manufactory Officer shall send one copy with his remarks to the District Prohibition and Excise Officer.

Rule - 18. Analysis of potable liquor

(1)     On completion of the manufacture of potable liquor, the Manufactory Officer shall permit the licensee to take free sample [22][not exceeding the quantity that may be permitted by the Commissioner] for analysis in the licensee's laboratory and declaration of the true strength of alcohol.

(2)     Any quantity left over after analysis shall be immediately brought back to the manufactory, and mixed with the main bulk of the batch before it is removed to the bottling room.

(3)     An account of the quantity used by the licensee for analysis shall be maintained in Form P.L. IX.

(4)     The alcoholic strength of any potable liquor as declared by the licensee shall be entered by the licensee in the register in Form P.L. V.

(5)     Immediately after the declaration by the licensee of the alcoholic strength of a potable liquor, and before such liquor is removed to the bottling room, the licensee shall make proper entries in the register in Form P.L. V.

(6)     The Manufactory Officer shall check the entries, and if they are found to be in order, he shall initial the relevant entries in the register in Form P.L. V.

Rule - 19. No removal except under transport pass.

(1)     No potable liquor manufactured at a manufactory shall be removed therefrom except under a transport pass in Form P.L. XI issued by the Manufactory Officer.

(2)     No transport pass shall be issued, unless the excise duty and transport fee, if any, payable on the quantity of potable liquor intended for removal are paid, and a chalan for the payment is produced before the Manufactory Officer. All such chalans shall be filed by the Manufactory Officer. [23][In cases where the potable liquor is to be transported under bond, the licensee shall execute a bond in Form P.L.-XIV before the District Prohibition and Excise Officer, for payment of excise duty and fees payable on the quantity of potable liquor to be transported:

Provided that the execution of bond may be dispensed with by the District Prohibition and Excise Officer in case of any transporter who has deposited in Government Treasury a sum which in the opinion of that officer is sufficient to cover the amount of duty and fees payable by him]

Rule - 20. Removal of potable liquor.

(1)    A licensee desiring to remove potable liquor from a manufactory shall make an application in Form P.L.-X, to the Manufactory Officer along with a chalan showing the payment of excise duty and transport fee, if any, into a Government Treasury in respect of the liquor proposed to be so removed.

[24][(2) On receipt of an application under sub-rule (1), the Manufactory Officer shall after ascertaining that the particulars furnished in the application are correct, and if he sees no objections, issue a transport pass in quadruplicate in Form P.L.-XI. One copy (counterfoil) of such pass shall be retained at the manufactory on the record of the Manufactory Officer, the duplicate shall be sent to the District Prohibition and Excise Officer in whose jurisdiction the place of destination is situated, the triplicate shall be given to the licensee to accompany the consignment and the quadruplicate shall be given to the transporter for production at the railway station, if necessary, for effecting release of the consignment, and thereafter for production before the officer at the place of destination.]

[25][(3) Where the consignment of potable liquor is transported under bond, the transporter shall, on the consignment reaching its destination obtain the certificate in Form "Certificate-I" annexed to Part-IV of the pass, duly filled in, signed and sealed by the Officer at the licensed premises at destination and produce it before the Manufactory Officer from where the potable liquor is transported, but in no case shall he fail to produce such certificate before the latter officer within two months from the date of the bond in Form P.L.-XIV.

(4)   On receipt of the certificate from the transporter, the Manufactory Officer shall see whether any less quantity of potable liquor was delivered by him than that was allowed to be transported under the transport pass and report accordingly to the District Prohibition and Excise Officer of his jurisdiction. The District Prohibition and Excise Officer, on receipt of the report of the Manufactory Officer, shall take steps to recover the excise duty and fees on the short delivered quantity of potable liquor. When the excise dues on the less delivered quantity of potable liquor are recovered or where the quantity is delivered correctly, the bond executed in Form P.L.-XIV shall be released.]

Rule - 21. Collection of duty.

The Manufactory Officer shall be responsible for the correct collection of duty and fees, if any, at the prescribed rate before any potable liquor is allowed to be removed from the Manufactory except in the case of exports or removal under bond.

Rule - 22. Supervision.

(1)     The Manufactory Officer shall exercise such supervision as is required to ensure that spirit issued for a certain batch is added to the materials which go to make that batch and that no portion of such spirit is diverted for other purposes.

(2)     The Manufactory Officer shall daily check and attest the accounts maintained by the licensee.

(3)     The Prohibition and Excise Officer specially empowered in this behalf by the Commissioner shall inspect the manufactory and shall submit the notes of their inspection to the Officer specified by the Commissioner. They shall also be responsible for the correct maintenance of account and collection of duty by the Manufactory Officer.

Rule - 23. Authority of persons authorised by licensee.

(1)     The agents, clerks and other persons who have been duly authorised in this behalf by the licensee and approved by the Manufactory Officer may enter into the Manufactory and carry out their work in connection with the Manufacture during the working hours of the manufactory.

(2)     Any persons duly authorised in that behalf by the licensee may sign all application and indents for the issue of spirit or potable liquor.

Rule - [24. Instruction to be issued on supplementary matters.

The Commissioner of Prohibition and Excise, Maharashtra State, Bombay, may issue written instructions providing for any supplementary matters arising out of these rules.

Rule - 25. Delegation of powers.

The State Government may by an order in writing delegate all or any of its powers under the provisions of these rules to the Commissioner.][26]