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Tamil Nadu Liquor (Possession for Personal Consumption) Rules, 1996

Tamil Nadu Liquor (Possession for Personal Consumption) Rules, 1996

TAMIL NADU LIQUOR (LICENCE AND PERMIT) RULES, 1981

TAMIL NADU LIQUOR (LICENCE AND PERMIT) RULES, 1981

PREAMBLE

In exercise of the powers conferred by sections 17-C, 17-D, 17-E, 18-C, 20, 21 and 54 of the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937), the Governor of Tamil Nadu hereby makes the following rules, namely:--

CHAPTER I

CHAPTER I

PRELIMINARY

1. Short title.--

These rules may be called the Tamil Nadu Liquor (Licence and Permit) Rules, 1981.

2. Definitions.--

In these rules, unless there is anything repugnant to the subject or context,--

(i) "Act" means the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937);

(i-a) 1"Approved restaurant" means a restaurant or a cefeteria permitted or licensed by the Airport authorities to run a restaurant or cefeteria at the National Air Terminal and International Air Terminal at Meenambakkam, Chennai and Air Terminals at Tiruchirappalli, Madurai and Coimbatore;]

(ii) "Assistant Commissioner" means Assistant Commissioner of Prohibition and Excise appointed for each district;

(iii) "authority" means an authority issued under these rules with reference to section 16-A of the Act;

(iv) "bottled liquor" means liquor other than draught beer, put in bottles and crocked, sealed and labelled, by the manufacturer before issue for sale;

(v) "Chemist" means a person who--

(a) holds a degree or diploma in Pharmacy or Pharmaceutical Chemistry of an Institution approved by the licensing authority; or

(b) is a member of the Pharmaceutical Society of Great Britain; or

(c) has had not less than four years of practical experience of dispensing, which is in the opinion of the licensing authority, adequate and has been approved by the authority as a Chemist;

(v-a) 2"draught beer" means a beer put in casks or kegs and sealed and labelled by the manufacturer before issue for sale;]

(vi) "Form" means a Form appended to these rules;

(vi-a) 3"franchise" means a privilege of running the hotel belonging to the Tamil Nadu Tourism Development Corporation conferred to an individual or a body of individuals;]

(vii) "Government" means the Government of Tamil Nadu and "St ate "means the State of Tamil Nadu;

(viii) "licence" includes the privileges granted under section 17-C of the Act for the sale by retail of Indian-made Foreign Spirits 4[and foreign liquor] issued under these rules, and 'licence-holder", means the holder of such a licence;

(ix) "licencing authority" means the Commissioner or the Collector, as the case may be, authorised to issue licences under these rules;

(x) 2"liquor", for the purpose of these rules, means foreign liquor, Indian-made foreign spirits and beer which includes draught beer;]

(xi) "medicated wines" means wines in which some medicinal substance or preparation has been dissolved or mixed and which have been, or may be, from time to time, notified as such by the Commissioner in the Tamil Nadu Government Gazette. It does not include arishtas and asavas;

(xii) "Peg" means a measure equivalent to one-twenty fourth part of a unit;

(xiii) 5[...]

(xiv) "privileged person" means a temporary resident who is--

(a) a sovereign or head of a foreign or Commonwealth State or a member of the Government of such State; and a member of the Staff of such Sovereign or Head of State or Member of Government;

(b) an Ambassador, Ministry Resident, Charged affairs or other Diplomatic Envoy of a foreign or Common Wealth State;

(c) Consular Officer of a Foreign State stationed in Chennai whose appointment is recognised by the Government of India through a Gazette of Tamil Nadu in the Tamil Nadu Government Gazette or an officer of similar status of a Common Wealth State stationed in 6[Chennai];

(d) Trade Commissioner or Assistant Trade Commissioner of a Foreign or Common Wealth State;

(e) Minister Counselor, Counselor, Service attache, Joint Secretary, Second Secretary, Third Secretary and attache or the staff or a person specified in item (b) above;

(f) representative of any international organisation in which privileges and immunities are given from time to time by or under the United Nations (Privileges and Immunities) Act, 1947 (Central Act XLVI of 1947);

(g) the consort of any person specified in sub-clauses (a), (b), (c), (d), (e) and (f) above; and

(h) any bona fide member of the family of a Consular Officer specified in clauses (a), (b), (c), (d), (e) and (f) above shall be deemed to be a privileged person for the purposes of issuing a special liquor permit:

Provided that this definition does not include Honorary Consuls or any member of the staff of any Consular office with no Consular status;

(xv) "Sacramental wine" includes, wine, grape juice and such other liquor as may be approved by the Government, from time to time, for use for any bona fide religious purpose in accordance with ancient custom;

(xvi) "Star Hotel" includes a beach resort hotel which satisfies the following criteria, and is certified as such by the Director of Tourism of the State Government--

(a) that it has twenty lettable bed rooms or forty beds with attached bath rooms;

(b) that it has separate dining room and restaurant;

(c) that it has good quality cruising both Indian and Continental;

(d) that it has clean kitchen and washing facilities;

(e) that it has well trained staff with uniform;

(f) that it has special facilities like conference hall, recreation facilities (indoor games) and the like;

(g) that it has adequate parking space;

(xvii) "temporary resident" means a person who is not a citizen of India and who is temporarily in the State on business or other avocation;

(xviii) "tourist" means a person who is not normally a resident in India who enters India for a stay of not less than 24 hours and not more than six months in the course of any twelve months period for legitimate non-immigrant purposes such as touring, recreation, sports, health, family reasons, study, religious pilgrimage or business;

(xix) "visitor" means a citizen of India, who is not a permanent resident of the State of Tamil Nadu or a person holding Indian Passport and settled abroad on trade or profession and who visits the State of Tamil Nadu for a temporary stay not exceeding three months;

(xx) "unit" means 0.75 litre or one bottle of 750 milli-litres in the case of whisky and other spirits including liquors; or 2.25 litres or three bottles of 750 milli-litres in the case of wine or vermouth; or 9 litres of twelve bottles of 750 milli-litres in the case of beer or cider or 7[9 litres in the case of draught beer.]