THE PUNJAB INTOXICATING SPIRITUOUS PREPARATIONS IMPORT, EXPORT TRANSPORT, POSSESSION AND SALE RULES, 1952

A - Definitions

Rule - 1.

In these Rules, unless there is anything repugnant in the subject or context, -

(a)      'Act' means the Punjab Excise Act (1 of 1914) as amended.

(b)      'Civil Surgeon' means the Civil Surgeon or other principal medical officer of the district.

(c)      'Deputy Excise and Taxation Commissioner' means the officer appointed by Government to discharge the functions and to exercise the powers assigned to him under the Act and includes any officer, specially authorised by the Excise and Taxation Commissioner, [Haryana][1]

(i)       to exercise throughout the State or any specified area therein, all or any of the powers of Deputy Excise and Taxation Commissioner under these Rules.

(d)      'Competent Authority' means the Excise and Taxation Officer or the Assistant Excise and Taxation Officer holding charge of the district in relation to liquor or intoxicating drug under the Act and the rules made there under.

(e)      'Form' means the form appended to these rules, 

(f)       Government means the Government of the State of [Haryana][2].

(g)      the expression `Import' Export' and Transport' have the same meanings as are assigned to them under the Act.

(h)     'Intoxicating Spirituous Preparation' means the spirituous preparations declared as liquor in the Punjab Government Notification No. 769 E&T52/1273, dated the 22nd March, 1952, and shall include all such preparations as the Government may declare as such from time to time.

(i)       'Licensee' means a person licensed to possess, manufacture or for dispensing or for sale intoxicating spirituous preparations.

(j)       'Prescription' means a prescription given by a registered medical practitioner to a bona fide patient.

(k)      'Registered Practitioner' means any person registered under the provisions of the Punjab Medical Registration Act, 1916.

Rule - 2.

 No intoxicating spirituous preparations shall be manufactured or prepared or possessed for retail sale except under the authority and subject to the terms and conditions of a license in from M.C. 12 granted in that behalf by the Deputy Excise and Taxation Commissioner under the rules.

C - Possession

Rule - 3.

 No person shall have in his possession any intoxicating spirituous preparations in any quantity except by -

(i)       a patient on the authority of a prescription issued by a registered practitioner and dispensed either by the registered practitioner himself or, by a licensee.

(ii)      a registered practitioner, who may keep in his possession it any one time intoxicating spirituous preparations not exceeding [500 millilitres][3] each.

(iii)     a medical practitioner in managing or supervising charge of a Government, Local Fund and Charitable Hospital or dispensary who may possess intoxicating spirituous preparations not exceeding in requirements of such hospital or dispensary for twelve months.

(iv)    a licensee, who may possess such quantity of intoxicating spirituous preparations as may be specified in his license or a common carrier as such in the possession of such preparations on behalf of and on account of the licensee.

(v)      an Excise Officer to the Government acting in his official capacity.

D - Import, Export and Transport

Rule - 4.

A licensee or a registered practitioner may, subject to Rule 3 above, import, export or transport intoxicating spirituous preparation on the authority of a period and a pass granted by a competent authority.

Rule - 5.

 A medical practitioner in a managing or supervising charge of a Government Local Fund or charitable Hospital or dispensary may import and transport such quantity of intoxicating spirituous preparations as may be specified on the indent (not exceeding its requirements for twelve months) signed by the Civil Surgeon or the District Medical Officer of health and in the case of Veterinary Hospital and dispensaries by the Deputy Superintendent of the Civil Veterinary Department. A copy of the indent should be furnished in advance to the Deputy Excise and Taxation Commissioner concerned for record and for such action as he may deem expedient in relation to the indent in regard to the quantity to be imported or transported.

Rule - 6.

 [Omitted by Punjab Notification No. PA1/1914/2.58/62, dated 22, January, 1962.]

Rule - 7.

Every consignment of intoxicating spirituous preparations imported, exported or transported shall be accompanied by a pass issued by the competent authority of the district of the issue.

Rule - 8.

A licensed manufacturer shall issue for transport intoxicating spirituous preparations under a pass on the authority [of a permit, ranted by a competent authority to a licensee or a registered practitioner and in the case of a medical practitioner in managing or supervising hearge of a Government Local Fund or charitable hospital or dispensary on the authority of an indent as specified in Rule 5 above.

[4][Rule - 8-A. 

notwithstanding anything in Rules 4, 5 and 8 above the export outside [Haryana]1

and transport within the same district in [Haryana][5] of an intoxicating spirituous preparation shall not require a permit or a no objection certificate as the case may be from a competent authority.]

E - Sale

Rule - 9.

 A licensed manufacturer shall sell intoxicating spirituous preparation only to licensee a registered practitioner or a medical practitioner in charge of a hospital or dispensary in accordance with these rules.

Rule - 10.

A licensee shall sell intoxicating spirituous preparation only to another licensee or to a registered practitioner or a medical practitioner incharge of a Government Local Fund or charitable hospital or dispensary or on a prescription of a registered practitioner in accordance with the such prescription.

Rule - 11.

 A registered medical practitioner shall sell intoxicating spirituous preparations only for dispensing his own prescription or the prescription of another registered practitioner.

Rule - 12.

Unless the prescription bears an indication by a registered practitioner that it is to be repeated and at what interval of time it is to be repeated and how many times it is to be repeated, the licensee or the registered practitioner shall sell the intoxicating spirituous preparations only once on the prescription. After noting the date on the prescription and the marking an entry in the sale register, the prescription shall be returned to the patient or his representative. If the prescription bears an indication as aforesaid the licensee or the registered practitioner dispensing the prescription shall enter on the prescription the date of sale and shall sign and affix his seal to the prescription and return the prescription to the patient or his representative.

Provided that if it appears from the prescription that the sale of [6][30 milliliters] of intoxicating spirituous preparation mentioned therein has already been made, or that the interval specified in the prescription has elapsed since the prescription was last dispensed, the licensee or the registered practitioner shall not sell the intoxicating spirituous preparations unless the prescription is revalidated.

Rule - 13.

 The maximum quantity of intoxicating spirituous preparations, which shall be sold on the authority of a prescription granted by a registered practitioner, shall be [30 millilitres][7] only. The sale of intoxicating spirituous preparations exceeding [30 milliliters][8]shall be deemed to be a wholesale transaction and must be covered by a permit and a pass granted be competent authority.

F - Approval, Authorisation, Licenses, Passes and Permits

Rule - 14.

 The Deputy Excise and Taxation Commissioner, or any other officer, authorised by him in this behalf, may grant a license in form I. S. P. 1, to any person or firm holding a license under the Drugs Control Act, as a qualified or approved person or having in his employ such a person.

Rule - 15.

 The licence fee shall be annual and as fixed by the Excise and Taxation Commissioner, Punjab, from time to time.

Rule - 16.

 A person desirous of obtaining a license may apply in form I. S. P. 2 to the Deputy Excise and Taxation Commissioner, concerned provided that the Deputy Excise and Taxation Commissioner, may for reasons to be recorded in writing, refuse to grant the licence.

Rule - 17.

The Deputy Excise and Taxation Commissioner is competent to grant a license for the possession and sale of each kind of intoxicating spirituous preparation not exceeding in aggregate [25 liters][9]in a year. The Excise and Taxation Commissioner, Punjab is competent to grant a license for the possession and sale of intoxicating spirituous preparations or any class of such preparations in any quantity whatever.

Rule - 18.

The competent authority shall grant permits in form I. S. P. 3 for the import or transport of intoxicating spirituous preparations.

Rule - 19.

The competent authority shall issue export and transport passes in form I. S. P. 4.

Rule - 20.

 The licensee shall maintain correct accounts of his daily transactions in form I. S. P. 5 and submit a monthly return in form I. S. P. 6 to the competent authority.

Rule - 21.

The Excise and Taxation Commissioner, [Haryana][10] may by special order, authorise any officer of the Excise and Taxation Department to issue export passes for the export of intoxicating spirituous preparations.

Rule - 22.

(i)       The licensee shall, in addition to these rules, be bound to observe all the rules under the Act applicable to his licence.

(ii)      Any infringement of the provisions of these rules would be an offence under Section 61 of the Act.

Rule - 23.

(i)       In the matter of duty to be paid on intoxicating spirituous preparations, the Punjab Excise Fiscal Orders, published in the Punjab Government Notification No. 5998, dated the 12th November, 1932, as subsequently amended shall apply mutatis mutandis.

(ii)      In all other matters not specified in these rule, the [Haryana Liquor License Rules, 1970 as amended from time to time][11] shall apply mutatis mutandis except in regard to working hours and close days.