UTTAR
PRADESH BOTTLING OF FOREIGN LIQUOR (TWENTY FIFTH AMENDMENT) RULES, 2019
PREAMBLE
In exercise of the powers
under Section-41 of the United Provinces Excise Act, 1910 (UP Act no. IV of
1910) read with section 21 of the Uttar Pradesh General Clauses Act, 1904 (UP
Act no.1 of 1904), the Excise Commissioner with the previous sanction of the
State Government hereby makes the following rules with a view to amending the
Uttar Pradesh Bottling of Foreign Liquor Rules, 1969 as amended from time to
time.
Rule - 1. Short title and commencement.
(1)
These rules may be called the Uttar Pradesh
Bottling of Foreign Liquor (Twenty Fifth Amendment) Rules, 2019.
(2)
They shall come into force with effect from
01-04-2021.
Rule - 2. Amendment of Rule 4.
In the said rules, for
existing rule-4 set out in column-1 below, the rule as set out in column-2
shall be substituted, namely:-
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Column I
Existing rule
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Column II
Rule as hereby substituted
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4. Application for the renewal of bottling licence
shall be made in Form F.L.B-1 to the Excise Commissioner, Uttar Pradesh on or
before February 28 of the year of expiry of the licence. Unless the fee or
any part thereof is in arrear or there be any other sufficient reason a
bottling licence in Form F.L.-3 or F.L.3-A may be renewed by the Excise
Commissioner for two years, but the licence shall be valid only till the
period of validity of concerning PD-2 licence.
Renewal fee shall be payable for the renewal of F.L.-3
or F.L.-3A licences as below.
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4. Application for the renewal of bottling licence
shall be made in Form F.L.B-1 to the Excise Commissioner, Uttar Pradesh on or
before February 28 of the year of expiry of the licence. Unless the fee or
any part thereof is in arrear or there be any other sufficient reason a
bottling licence in Form F.L.-3 or F.L.3A may be renewed by the Excise
Commissioner for up to three years, but the licence shall be valid only till
the period of validity of concerning PD-2 licence.
Renewal fee shall be payable for the renewal of F.L.-3
or F.L.-3A licences as below.
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Sl. No.
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Presumptive annual bottling fee (In Rs.)
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Determined annual renewal fee of F.L. 3
Licences (In Rs.)
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1
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2
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3
|
|
1
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upto 10000000
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Rs. 2 lacs
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2
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from 10000000
up to 20000000
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Rs. 4 lacs
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3
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from 20000000
upto 30000000
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Rs. 6 lacs
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4
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from 30000000
upto 40000000
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Rs. 8 lacs
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5
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Exceeding 40000000
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Rs. 10 lacs
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|
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Sl. No.
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Presumptive annual bottling fee (In Rs.)
|
Determined annual renewal fee of F.L. 3
Licences (In Rs.)
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|
1
|
2
|
3
|
|
1
|
upto 10000000
|
Rs. 2 lacs
|
|
2
|
from 10000000
up to 20000000
|
Rs. 4 lacs
|
|
3
|
from 20000000
upto 30000000
|
Rs. 6 lacs
|
|
4
|
from 30000000
upto 40000000
|
Rs. 8 lacs
|
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5
|
Exceeding 40000000
|
Rs. 10 lacs
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|
|
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Column I
Existing rule
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Column II
Rule as hereby substituted
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Provided that a franchisee fee equivalent to half of
the renewal fee shall also be payable for renewal of FL-3A licence. The
presumptive annual bottling fee will be calculated on the basis of receipt of
bottling fee upto the end of the month of January. This amount of renewal fee
and franchisee fee shall not be adjusted against bottling fee. If at the end
of year, the slab of renewal fee is enhanced due to actual receipt of
bottling fee, renewal fee shall be payable for the concerning year according
to enhanced slab and the difference amount shall have to be deposited in
Government Treasury prior to the last date of month of April in the
concerning financial year.
In addition to the aforesaid, bottling fee and special
fee shall be recovered separately in advance according to the provisions of
relevant rules
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Provided that a franchisee fee equivalent to half of
the renewal fee shall also be payable for renewal of FL-3A licence. The
presumptive annual bottling fee will be calculated on the basis of receipt of
bottling fee upto the end of the month of January. This amount of renewal fee
and franchisee fee shall not be adjusted against bottling fee. If at the end
of year, the slab of renewal fee is enhanced due to actual receipt of
bottling fee, renewal fee shall be payable for the concerning year according
to enhanced slab and the difference amount shall have to be deposited in
Government Treasury prior to the last date of month of April in the
concerning financial year.
In addition to the aforesaid, bottling fee and special
fee shall be recovered separately in advance according to the provisions of
relevant rules
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Rule - 3. Amendment of rule 6.
In the Uttar Pradesh
Bottling of Foreign Liquor Rules, 1969, hereinafter referred to as the said
rules, for rule-6 set out in column-1 below, the rule as set out in column-2,
shall be substituted, namely:-
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Column I
Existing rule
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Column II
Rule as hereby substituted
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6.Every licence granted in form FL-3 or FL-3A shall be
subject to the following conditions:
(1) The licensee shall carry the operations of bottling
in the premises previously approved by the Collector in the case of bottling
outside the distillery, brewery or vintnery and by the Excise Commissioner in
the case of bottling within the distillery, brewery or vintnery and duly
endorsed on the licence and the premises shall not be used for any other
purpose except for bottling and storage of foreign liquor.
(2) The licensee shall make no alterations in the said
premises without the previous approval in writing of the Collector or the
Excise Commissioner, as the case may be, and all such alterations shall be
shown in the plan filed by him.
(3) (i) Bottling shall be conducted in separate room(s)
set apart for the purpose. The licensee shall erect bottling vats in bottling
room(s) for storage of liquor. He may setup in the bottling room(s) such
apparatus for filtration, bottling and processes connected therewith as may
be necessary.
(ii) Installation, use and maintenance of electronic
devices for measurement of spirit both by volume and strength at a Foreign
Liquor bottling plant -
(a) There shall be at least two Mass Flow Meters at a
Foreign Liquor bottling plant, one for receipt of spirit or blended Foreign
Liquor and the other to ensure bottling of potable Foreign Liquor at desired
strength and measure.
(b) There shall be Radar based Level Transmitters to be
mounted on all the storage vats, reduction and blending vats and bottling
vats to record the level of spirit stored in these tanks.
(c) There shall be two electronic bottle counters at a
Foreign Liquor bottling line. The first one shall be installed on the
bottling line just after the automatic filling unit and the second one shall
also be on the same line just after the affixation of Security Code. Concerned
distillers/bottlers shall install and maintain these bottle counters at
Foreign Liquor bottling plant at their own cost.
(d) The details of technical specifications and
guidelines related to installation and use of Mass Flow Meters, Radar Based
Level Transmitters, sensor based electronic bottle counters & other
appliances/accessories, and the specified parameters required to be measured,
recorded and archived through these devices shall be prescribed in the
Standard Operating Procedure (SOP) notified by the Excise Commissioner from
time to time. The licensee of a Foreign Liquor bottling plant shall be
responsible for regular maintenance of these electronic devices and other
allied accessories. The accounts of the Foreign Liquor bottling plant showing
the quantity and strength of spirits received in, issued from and remaining
in the plant shall be available from these instruments on continuous basis to
the officer-in-charge and the officers of the Excise Department. Any
malfunctioning of these instruments detected by the Officer-in-Charge of the
bottling plant or any inspecting officer, shall be corrected forthwith and
the Deputy Excise Commissioner shall also be intimated about this. The
operation of the plant shall remain suspended till the restoration of these
instruments to its designated standard.
(e) The Officer-in-Charge of the bottling plant shall
ensure calibration of all the Mass Flow Meters used in the foreign liquor
bottling plant once in a financial year by any accredited institution
authorized by the Excise Commissioner and preserve the certificate of such
calibration for at least three years.
(f) Procedure to be observed on arrival of spirit at
the bottling plant- Immediately on arrival of a consignment at the bottling
plant the Officer-in-Charge shall make necessary arrangement to receive the
said foreign liquor through the Mass Flow Meter. The Officer-in-Charge shall
record the volume and strength of foreign liquor, imported or transported,
from the data shown by the Mass Flow Meter. The process of fetching data from
Mass Flow Meter shall be guided by the SOP as mentioned. He shall also
endorse the volume and strength on the Pass, covering the consignment. One
copy of the Pass with the entries of receipt in the form of Excise
verification certificate (EVC) shall be immediately returned to the officer,
who issued the consignment and the other copy with the entries thereon shall
be kept in the plant.
(iii) Storage of spirit in bottling plant- Extra Nutral
Alcohol or reduced liquor in a bottling plant shall be stored in vats or in
any other receptacles approved by the Excise Commissioner. All the storage
vats and reduction vats shall be mounted with Radar based Level Transmitter
to record the level of spirit in tanks as well and there shall be PLC
(Programmable Logic Controller) attached to the level transmitter to display
the volume of spirit in Bulk liter in accordance with the updated
'level-volume' table certified by the authorized authority in this regard.
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6.Every licence granted in form FL-3 or FL-3A shall be
subject to the following conditions:
(1) The licensee shall carry the operations of bottling
in the premises previously approved by the Collector in the case of bottling
outside the distillery, brewery or vintnery and by the Excise Commissioner in
the case of bottling within the distillery, brewery or vintnery and duly
endorsed on the licence and the premises shall not be used for any other
purpose except for bottling and storage of foreign liquor.
(2) The licensee shall make no alterations in the said
premises without the previous approval in writing of the Collector or the
Excise Commissioner, as the case may be, and all such alterations shall be
shown in the plan filed by him.
(3) (i) Bottling shall be conducted in separate room(s)
set apart for the purpose. The licensee shall erect bottling vats in bottling
room(s) for storage of liquor. He may setup in the bottling room(s) such
apparatus for filtration, bottling and processes connected therewith as may
be necessary.
(ii) Installation, use and maintenance of electronic
devices for measurement of spirit both by volume and strength at a Foreign
Liquor bottling plant -
(a) There shall be at least two Mass Flow Meters at a
Foreign Liquor bottling plant, one for receipt of spirit or blended Foreign
Liquor and the other to ensure bottling of potable Foreign Liquor at desired
strength and measure.
(b) There shall be Radar based Level Transmitters to be
mounted on all the storage vats, reduction and blending vats and bottling
vats to record the level of spirit stored in these tanks.
(c) There shall be two electronic bottle counters at a
Foreign Liquor bottling line. The first one shall be installed on the
bottling line just after the automatic filling unit and the second one shall
also be on the same line just after the affixation of Security Code.
Concerned distillers/bottlers shall install and maintain these bottle
counters at Foreign Liquor bottling plant at their own cost.
(d) The details of technical specifications and
guidelines related to installation and use of Mass Flow Meters, Radar Based
Level Transmitters, sensor based electronic bottle counters & other
appliances/accessories, and the specified parameters required to be measured,
recorded and archived through these devices shall be prescribed in the
Standard Operating Procedure (SOP) notified by the Excise Commissioner from
time to time. The licensee of a Foreign Liquor bottling plant shall be
responsible for regular maintenance of these electronic devices and other
allied accessories. The accounts of the Foreign Liquor bottling plant showing
the quantity and strength of spirits received in, issued from and remaining
in the plant shall be available from these instruments on continuous basis to
the officer-in-charge and the officers of the Excise Department. Any
malfunctioning of these instruments detected by the Officer-in-Charge of the
bottling plant or any inspecting officer, shall be corrected forthwith and
the Deputy Excise Commissioner shall also be intimated about this. The
operation of the plant shall remain suspended till the restoration of these
instruments to its designated standard.
(e) The Officer-in-Charge of the bottling plant shall
ensure calibration of all the Mass Flow Meters used in the foreign liquor
bottling plant once in a financial year by any accredited institution
authorized by the Excise Commissioner and preserve the certificate of such
calibration for at least three years.
(f) Procedure to be observed on arrival of spirit at
the bottling plant- Immediately on arrival of a consignment at the bottling
plant the Officer-in-Charge shall make necessary arrangement to receive the
said foreign liquor through the Mass Flow Meter. The Officer-in-Charge shall
record the volume and strength of foreign liquor, imported or transported,
from the data shown by the Mass Flow Meter. The process of fetching data from
Mass Flow Meter shall be guided by the SOP as mentioned. He shall also
endorse the volume and strength on the Pass, covering the consignment. One
copy of the Pass with the entries of receipt in the form of Excise
verification certificate (EVC) shall be immediately returned to the officer,
who issued the consignment and the other copy with the entries thereon shall
be kept in the plant.
(iii) Storage of spirit in bottling plant- Extra Nutral
Alcohol or reduced liquor in a bottling plant shall be stored in vats or in
any other receptacles approved by the Excise Commissioner. All the storage
vats and reduction vats shall be mounted with Radar based Level Transmitter
to record the level of spirit in tanks as well and there shall be PLC
(Programmable Logic Controller) attached to the level transmitter to display
the volume of spirit in Bulk liter in accordance with the updated 'level-volume'
table certified by the authorized authority in this regard.
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Bottled liquor shall be stored in separate room(s).
Every room shall bear on the outside a board on which shall be painted
legibly the purpose for which the room is used.
(4) Indian Made Foreign Liquor intended for supply to
defence personnel and civilians can be bottled in same bottling hall. In
special circumstances such bottling hall can also be used with prior
permission of Excise Commissioner for bottling country liquor for supply in
Uttar Pradesh.
Provided that in any case at the time of, bottling
operation of country liquor, the bottling operation of Indian made foreign
liquor shall not be carried out and the Indian made foreign liquor for the
defence personnel and the civilians shall not be bottled together.
(5) Bottling of Indian made foreign rum for issue to
defence personnel at concessional rate of duty shall be allowed only in a
distillery in bond.
(6) When the licencee wishes to carry on bottling, he
shall give to the Assistant Excise Commissioner forty-eight hours prior
notice clearly mentioning the days and hours during which bottling is
proposed to be done provided that bottling may be done on a Sunday or a
public holiday and forty-eight hours notice will not be necessary when
bottling is done in a distillery or brewery or vintnery. Ordinarily each
official will be on duty for a total period not exceeding eight hours in a
day for twenty-four hours the shift time will be from 6.00 AM to 02.00 PM,
02.00 PM to 10.00 PM, 10.00 PM to 6.00 AM
(7) blending or reducing is prohibited except under and
in accordance with the special permission of Excise Commissioner;
Note:-The terms blending and reducing shall carry the
meaning as given in para 45 of the Excise Manual Vol-I (1962 edition).
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Bottled liquor shall be stored in separate room(s).
Every room shall bear on the outside a board on which shall be painted
legibly the purpose for which the room is used.
(4) Indian Made Foreign Liquor intended for supply to
defence personnel and civilians can be bottled in same bottling hall. In
special circumstances such bottling hall can also be used with prior
permission of Excise Commissioner for bottling country liquor for supply in
Uttar Pradesh.
Provided that in any case at the time of, bottling
operation of country liquor, the bottling operation of Indian made foreign
liquor shall not be carried out and the Indian made foreign liquor for the
defence personnel and the civilians shall not be bottled together.
(5) Bottling of Indian made foreign rum for issue to
defence personnel at concessional rate of duty shall be allowed only in a
distillery in bond.
(6) When the licencee wishes to carry on bottling, he
shall give to the Assistant Excise Commissioner forty-eight hours prior notice
clearly mentioning the days and hours during which bottling is proposed to be
done provided that bottling may be done on a Sunday or a public holiday and
forty-eight hours notice will not be necessary when bottling is done in a
distillery or brewery or vintnery. Ordinarily each official will be on duty
for a total period not exceeding eight hours in a day for twenty-four hours
the shift time will be from 6.00 AM to 02.00 PM, 02.00 PM to 10.00 PM, 10.00
PM to 6.00 AM
(7) blending or reducing is prohibited except under and
in accordance with the special permission of Excise Commissioner;
Note:-The terms blending and reducing shall carry the
meaning as given in para 45 of the Excise Manual Vol-I (1962 edition).
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(8) Addition of any flavouring or colouring material or
any other substance in foreign liquor is prohibited except under and in
accordance with the special sanction of the Excise Commissioner.
(9) If bottled spirit is meant for sale within Uttar
Pradesh, the licensee shall not bottle any foreign liquor of a strength less
than 42% of alcohol volume/volume in the case of brandy, whisky or rum or of
a strength less than 36% alcohol volume/volume in the case of gin. The spirit
bottled for sale outside Uttar Pradesh may be issued at such strength as may be
required by the regulations of the State, Union territory or country
concerned,
(10) (a) The licensee shall not use any bottle of
capacity of less than 60ml for bottling of spirit and wine and 300 ml for
bottling of beer except in the case of Foreign Liquor bottled to serve as
sample.
(b) Bottles of capacities as approved by the Excise
Commissioner shall be used for bottling of foreign spirit for sale in Uttar
Pradesh.
(11) The licensee shall bottle spirit, wine and beer in
bottles/cans or any other container of such capacities as are approved by the
Excise Commissioner, Uttar Pradesh.
(12) The figures and letters of quantity of
spirit/wine/beer and low alcoholic beverages in millilitres, as the case may
be, shall be moulded/embossed/etched or sandblasted on the bottles/cans or
other container.
(13) The glass/PET bottle will be embossed with the
words "Uttar Pradesh Excise" on the chest of the bottle as per time
schedule notified by the Excise Commissioner, Uttar Pradesh.
(14) The licensee shall not use for bottling foreign
liquor any bottles bearing the name and trademark of any other bottler or
distiller or brewer or vintner. The Excise Commissioner may however, give
permission to the holder of licence in Form F.L.-3A. to use bottles bearing
the name and trademark of any other bottler, distiller, brewer or vintner.
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(8) Addition of any flavouring or colouring material or
any other substance in foreign liquor is prohibited except under and in
accordance with the special sanction of the Excise Commissioner.
(9) If bottled spirit is meant for sale within Uttar
Pradesh, the licencee shall not bottle any foreign liquor of a strength less
than 42% of alcohol volume/volume in the case of whisky or of a strength less
than 42% alcohol volume/volume and more than 36% alcohol volume/volume in the
case of Gin, Vodka, Rum and Brandy. The spirit bottled for sale outside Uttar
Pradesh may be issued at such strength as may be required by the regulations
of the State, Union territory or country concerned,
(10) (a) The licensee shall not use any bottle of
capacity of less than 60ml for bottling of spirit and wine and 300 ml for
bottling of beer except in the case of Foreign Liquor bottled to serve as
sample.
(b) Bottles of capacities as approved by the Excise
Commissioner shall be used for bottling of foreign spirit for sale in Uttar
Pradesh.
(11) The licensee shall bottle spirit, wine and beer in
bottles/cans or any other container of such capacities as are approved by the
Excise Commissioner, Uttar Pradesh.
(12) The figures and letters of quantity of
spirit/wine/beer and low alcoholic beverages in millilitres, as the case may
be, shall be moulded/embossed/etched or sandblasted on the bottles/cans or
other container.
(13) The glass/PET bottle will be embossed with the
words "Uttar Pradesh Excise" on the chest of the bottle as per time
schedule notified by the Excise Commissioner, Uttar Pradesh.
(14) The licensee shall not use for bottling foreign
liquor any bottles bearing the name and trademark of any other bottler or
distiller or brewer or vintner. The Excise Commissioner may however, give
permission to the holder of licence in Form F.L.-3A. to use bottles bearing
the name and trademark of any other bottler, distiller, brewer or vintner.
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(15) Bottles used for bottling of concessional rum
shall also have sandblasted or embossed on them the words "for troops
only" along with the letters "C.S.D." when the rum is meant
for export outside Uttar Pradesh and the letter Ä.P.O." when meant for
issue to the Army Purchase Organisation.
(16)(a) Indian Made Foreign Liquor which is intended
for export to another State or Union territory or other country shall be
bottled in bottles having such marks and indications as may be required by
the regulations of that State, Union Territory or country.
(b) The liquor bottled for export may be issued in
bottles of such sizes as may be required by the regulations of the State,
Union Territory or country concerned.
(17) Bottles to be used for the purpose of bottling
foreign liquor shall be properly cleaned and washed first with a solution of
potassium permanganate and then with pure water.
(18) Immediately after the bottles have been filled up,
they shall be corked, capsuled and labelled and removed to the room for
storage of bottled liquor. A distinctive serial number to be known as the
batch number shall be assigned to each bottling operation and the number
shall be noted on the label. A digital record will be maintained also and be
submitted online on designated portal of Excise Department daily.
(19)(i) In case of foreign liquor manufactured in India
labels affixed to the bottles shall have the following conspicuous print on
them:
(a) the description of liquor contained in the bottles
e.g. whisky, brandy, rum, gin, etc.;
(b) the guaranteed fluid contents of the bottle;
(c) strength of liquor contained in the bottle in the
case of whisky, brandy, rum or gin;
(d) the words "Made in India" ;
(e) name and address of the licensee;
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(15) Bottles used for bottling of concessional rum
shall also have sandblasted or embossed on them the words "for troops
only" along with the letters "C.S.D." when the rum is meant
for export outside Uttar Pradesh and the letter Ä.P.O." when meant for
issue to the Army Purchase Organisation.
(16)(a) Indian Made Foreign Liquor which is intended
for export to another State or Union territory or other country shall be
bottled in bottles having such marks and indications as may be required by
the regulations of that State, Union Territory or country.
(b) The liquor bottled for export may be issued in
bottles of such sizes as may be required by the regulations of the State,
Union Territory or country concerned.
(17) Bottles to be used for the purpose of bottling foreign
liquor shall be properly cleaned and washed first with a solution of
potassium permanganate and then with pure water.
(18) Immediately after the bottles have been filled up,
they shall be corked, capsuled and labelled and removed to the room for storage
of bottled liquor. A distinctive serial number to be known as the batch
number shall be assigned to each bottling operation and the number shall be
noted on the label. A digital record will be maintained also and be submitted
online on designated portal of Excise Department daily.
(19)(i) In case of foreign liquor manufactured in India
labels affixed to the bottles shall have the following conspicuous print on
them:
(a) the description of liquor contained in the bottles
e.g. whisky, brandy, rum, gin, etc.;
(b) the guaranteed fluid contents of the bottle;
(c) strength of liquor contained in the bottle in the
case of whisky, brandy, rum or gin;
(d) the words "Made in India" ;
(e) name and address of the licensee ;
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(f) "For sale in Uttar Pradesh only" diagonally
on the labels in contrast colour in the size mentioned below:
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(A)
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Bottles of the size of 750ml. and above
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Letters of 8 m.m. size
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(B)
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Bottles of the size of 375ml. and above
but smaller than 750ml
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Letters of 4 m.m. size
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(C)
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Bottles of the size of 180ml. and above
but smaller than 375ml
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Letters of 2 m.m. size
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(D)
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Bottles smaller than 180ml.
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Letters of 1 m.m. size
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(f) "For sale in Uttar Pradesh only"
diagonally on the labels in contrast colour in the size mentioned below:
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(A)
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Bottles of the size of 750ml. and above
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Letters of 8 m.m. size
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(B)
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Bottles of the size of 375ml. and above
but smaller than 750ml
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Letters of 4 m.m. size
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(C)
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Bottles of the size of 180ml. and above
but smaller than 375ml
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Letters of 2 m.m. size
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(D)
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Bottles smaller than 180ml.
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Letters of 1 m.m. size
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(ii) In the case of imported liquor, the labels affixed
to the bottles shall have the following conspicuous print on them;
(a) the description of liquor contained in the bottles
e.g. whisky, brandy, rum, gin, etc.;
(b) the guaranteed fluid contents of the bottle;
(c) strength of liquor contained in the bottle in the
case of whisky, brandy, rum or gin;
(d) the words "Made in" with the name of
country of origin;
(e) the words "Bottled in India"
(f) name and address of the licensee ;
(g) "For sale in Uttar Pradesh only"
diagonally on the labels in contrast colour in the size mentioned below:
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(A)
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Bottles of the size of 750ml. and above
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Letters of 8 m.m. size
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(B)
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Bottles of the size of 375ml. and above
but smaller than 750ml
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Letters of 4 m.m. size
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(C)
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Bottles of the size of 180ml. and above
but smaller than 375ml
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Letters of 2 m.m. size
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(D)
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Bottles smaller than 180ml.
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Letters of 1 m.m. size
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(ii) In the case of imported liquor, the labels affixed
to the bottles shall have the following conspicuous print on them;
(a) the description of liquor contained in the bottles
e.g. whisky, brandy, rum, gin, etc.;
(b) the guaranteed fluid contents of the bottle;
(c) strength of liquor contained in the bottle in the
case of whisky, brandy, rum or gin;
(d) the words "Made in" with the name of
country of origin;
(e) the words "Bottled in India"
(f) name and address of the licensee ;
(g) "For sale in Uttar Pradesh only"
diagonally on the labels in contrast colour in the size mentioned below:
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(A)
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Bottles of the size of 750ml. and above
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Letters of 8 m.m. size
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(B)
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Bottles of the size of 375ml. and above
but smaller than 750ml
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Letters of 4 m.m. size
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(C)
|
Bottles of the size of 180ml. and above
but smaller than 375ml
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Letters of 2 m.m. size
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(D)
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Bottles smaller than 180ml.
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Letters of 1 m.m. size
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(iii) Labels on the bottles of foreign liquor for use
of defence personnel shall also have the following legends printed on them;
on the top of the labels, a legend in red ink as follows:
"For sale to defence personnel only"
Diagonally across the label a legend in red ink as follows:
"possession by person other than defence personnel
is strictly prohibited".
(iv) The labels to be used on liquor bottled for export
to another State or Union Territory or Country shall be of such design and
bear such words as may be required by the regulations of the State, Union
Territory or the Country concerned. The labels shall also be overprinted with
the words "For Sale outside the State of U.P." for export to other
States within the Country and the labels shall be overprinted with the words
"For overseas export only" for export out of the Country. The type
to be used for such overprinting shall not be smaller than the size mentioned
below-
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(A)
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Bottles of the size of 750ml. and above
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Letters of 8 m.m. size
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(B)
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Bottles of the size of 375ml. and above
but smaller than 750ml
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Letters of 4 m.m. size
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(C)
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Bottles of the size of 180ml. and above
but smaller than 375ml
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Letters of 2 m.m. size
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(D)
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Bottles smaller than 180ml.
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Letters of 1 m.m. size
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(v) Labels on the bottles shall be so affixed as to be
easily distinguishable. No label shall be pasted over the words, letters and
figures moulded or sand blasted thereon.
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(iii) Labels on the bottles of foreign liquor for use
of defence personnel shall also have the following legends printed on them;
on the top of the labels, a legend in red ink as follows:
"For sale to defence personnel only"
Diagonally across the label a legend in red ink as follows:
"possession by person other than defence personnel
is strictly prohibited".
(iv) The labels to be used on liquor bottled for export
to another State or Union Territory or Country shall be of such design and
bear such words as may be required by the regulations of the State, Union
Territory or the Country concerned. The labels shall also be overprinted with
the words "For Sale outside the State of U.P." for export to other
States within the Country and the labels shall be overprinted with the words
"For overseas export only" for export out of the Country. The type
to be used for such overprinting shall not be smaller than the size mentioned
below-
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(A)
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Bottles of the size of 750ml. and above
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Letters of 8 m.m. size
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(B)
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Bottles of the size of 375ml. and above
but smaller than 750ml
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Letters of 4 m.m. size
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(C)
|
Bottles of the size of 180ml. and above
but smaller than 375ml
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Letters of 2 m.m. size
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(D)
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Bottles smaller than 180ml.
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Letters of 1 m.m. size
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(v) Labels on the bottles shall be so affixed as to be
easily distinguishable. No label shall be pasted over the words, letters and
figures moulded or sand blasted thereon.
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(vi)(a) Before bringing any label into use, the
licensee shall submit exact copies thereof in quadruplicate every year with
Treasury Challan of every label capacity wise label approval fee as
prescribed by the Excise Commissioner from time to time, to the Assistant
Excise Commissioner posted in the distillery, brewery or vintnery, who will
forward them to the Excise Commissioner, or any officer authorized by the
Excise Commissioner if approves the label shall number it and affix his
official seal. One copy shall be retained in the Excise Commissioner's office
for record, the remaining three copies shall be returned to the Assistant
Excise Commissioner In-charge of the distillery, brewery or vintnery who
shall give one copy each to the unit concerned and Excise Inspector In-charge
of the unit for record and retain the third copy for his record. The licensee
shall comply with such instructions as the Excise Commissioner may issue
regarding any label.
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(vi)(a) Before bringing any label into use, the
licensee shall, except in case where the label is being applied for renewal,
submit exact copies thereof in quadruplicate with Treasury Challan of every
label capacity wise label approval fee as prescribed by the Excise
Commissioner from time to time, to the Assistant Excise Commissioner posted
in the distillery, brewery or vintnery, who will forward them to the Excise
Commissioner or any officer authorized by him. If The Excise Commissioner, or
the officer authorised by him, approves the label he shall number it and affix
his official seal. One copy shall be retained in the Excise Commissioner's
office for record, the remaining three copies shall be returned to the
Assistant Excise Commissioner In-charge of the distillery, brewery or
vintnery who shall give one copy each to the unit concerned and Excise
Inspector In-charge of the unit for record and retain the third copy for his
record. The licensee shall comply with such instructions as the Excise
Commissioner may issue regarding any label.
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(b) The labels may be renewed for the next year in
accordance with the procedures subject to conditions as prescribed by the
State Government.
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(b) The labels may be renewed for upto 3 years in
accordance with the procedures subject to conditions as prescribed by the
State Government.
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Provided that no application for approval of a label
shall be entertained which is submitted without copy of a valid Trade Mark
Registration Certificate or WIPO or other equivalent Registration Certificate
for the brand of liquor concerned or without copy of a receipt of application
filed before competent authority in this behalf.
Provided further that no label of a brand of liquor
shall be approved which is not registered with GS-1 or has been applied for
registration with GS-1.
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(vii) On all the six faces of the cartons of foreign
liquor manufactured or bottled in the state "For sale in UP" shall
be printed in the minimum size of one inch black letters on a red strip of
one and a half inch broad and shall be applied security code as approved by
the Excise Department on packed cartons (cases), specific number of bottles
of different volume, strength, brands and packaging type.
(20)(i) Unless otherwise allowed by the Excise
Commissioner all bottles shall be securely sealed with pilfer proof capsules
or crown corks with alucapsules in such a way as to make it impossible to
remove the seal without its being cut and/or broken. The capsules to be used
on various kinds of liquor shall be of standard sizes and shall bear on the
top the name of the licensee.
(ii) The capsules to be used on liquor bottled for
export to another State, Union Territory or Country shall bear such words as
may be required by the Excise Commissioner, Uttar Pradesh.
(iii) The licensee shall invariably use the capsules
which correspond to the pattern and specification approved by the
"Indian Standard Institute" He shall comply with such instruction
as may be issued by the Excise Commissioner from time to time.
(21) The licensee shall maintain account in the
following registers :
(i) Register in Form F.L.B.-3, in which the licensee
shall enter the quantity, description and strength of liquor received and
issued for bottling.
(ii) Register in Form F.L.B.-4, in which the licensee
shall enter the bottling operations carried on by him.
(iii) Register in Form F.L.B.-5, in which the licensee
shall enter daily account of foreign liquor bottled and stored in the
licensed premises.
(iv)Ledger in Form F.L.B.-6, in which the licensee
shall enter the abstract of all the transitions in the licensed premises.
(v) Register in Form F.L.B.-7, in which the licensee
shall enter the stock of bulk (unbottled) as shown by PLC through Radar based
Level Transmitter and bottled liquor at the end of a month."
(vi) 'level-volume' table of vats certified by the authorize
authority in Form F.L.B.-8
(vii) 'level-volume' table of vats in Form F.L.B.-9
(viii) These forms will be maintained in digital form
also and be submitted online on designated portal of Excise Department daily.
(22) The licensee shall apply Security code as approved
by the Excise Department on packed carton (case) with specific number of
bottles of different volume, strength, brand and packaging type, in addition
to each and every bottle/mono carton/Cans/tetrapack or any other container of
Spirit/Beer/Wine and low alcoholic beverages, immediately after bottling and
before issue of spirit/beer/wine/Low Alcoholic Beverages as a proof of
payment of consideration fees and the Distillers/Brewers/Vintners shall
ensure compliance of necessary arrangement in this regard. This will be
maintained in digital form also and be submitted online on designated portal
of Excise Department daily.
(23) The licensee shall print the maximum retail price
on the labels of Indian Made Foreign Liquor, Beer and Wine to be sold in
Uttar Pradesh which shall be easily visible.
(24) Bottling unit shall make all such arrangements
prescribed in Solid Waste Management Rules, 2016 for recycling and management
of solid wastes.
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(vii) On all the six faces of the cartons of foreign
liquor manufactured or bottled in the state "For sale in UP" shall
be printed in the minimum size of one inch black letters on a red strip of
one and a half inch broad and shall be applied security code as approved by
the Excise Department on packed cartons (cases), specific number of bottles
of different volume, strength, brands and packaging type.
(20)(i) Unless otherwise allowed by the Excise
Commissioner all bottles shall be securely sealed with pilfer proof capsules
or crown corks with alucapsules in such a way as to make it impossible to
remove the seal without its being cut and/or broken. The capsules to be used
on various kinds of liquor shall be of standard sizes and shall bear on the
top the name of the licensee.
(ii) The capsules to be used on liquor bottled for
export to another State, Union Territory or Country shall bear such words as
may be required by the Excise Commissioner, Uttar Pradesh.
(iii) The licensee shall invariably use the capsules
which correspond to the pattern and specification approved by the
"Indian Standard Institute" He shall comply with such instruction
as may be issued by the Excise Commissioner from time to time.
(21) The licensee shall maintain account in the
following registers :
(i) Register in Form F.L.B.-3, in which the licensee
shall enter the quantity, description and strength of liquor received and
issued for bottling.
(ii) Register in Form F.L.B.-4, in which the licensee
shall enter the bottling operations carried on by him.
(iii) Register in Form F.L.B.-5, in which the licensee
shall enter daily account of foreign liquor bottled and stored in the
licensed premises.
(iv) Ledger in Form F.L.B.-6, in which the licensee
shall enter the abstract of all the transitions in the licensed premises.
(v) Register in Form F.L.B.-7, in which the licensee
shall enter the stock of bulk (unbottled) as shown by PLC through Radar based
Level Transmitter and bottled liquor at the end of a month."
(vi) 'level-volume' table of vats certified by the
authorize authority in Form F.L.B.-8
(vii) 'level-volume' table of vats in Form F.L.B.-9
(viii) These forms will be maintained in digital form
also and be submitted online on designated portal of Excise Department daily.
(22) The licensee shall apply Security code as approved
by the Excise Department on packed carton (case) with specific number of
bottles of different volume, strength, brand and packaging type, in addition
to each and every bottle/mono carton/Cans/tetrapack or any other container of
Spirit/Beer/Wine and low alcoholic beverages, immediately after bottling and
before issue of spirit/beer/wine/Low Alcoholic Beverages as a proof of
payment of consideration fees and the Distillers/Brewers/Vintners shall
ensure compliance of necessary arrangement in this regard. This will be
maintained in digital form also and be submitted online on designated portal
of Excise Department daily.
(23) The licensee shall print the maximum retail price
on the labels of Indian Made Foreign Liquor, Beer and Wine to be sold in
Uttar Pradesh which shall be easily visible.
(24) Bottling unit shall make all such arrangements
prescribed in Solid Waste Management Rules, 2016 for recycling and management
of solid wastes.
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Rule - 4. Amendment of rule-7.
In the said rules, for
existing rule-7 set out in column-1 below, the rule as set out in column-2
shall be substituted, namely--
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Column I
Existing rule
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Column II
Rule as hereby substituted
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7. Following additional special conditions will be
applicable to bottling of Indian made foreign liquor in bond under FL-3 licence.
(1) The licensee shall execute a bond in Form P.D.B.
with such security as may be fixed by the Excise Commissioner. The security
shall be furnished either in cash or in interest bearing securities,
government promissory notes, national savings certificates, post office
savings, bank pass book or post office cash certificates or in fixed deposit
receipts of the State Bank of India or any other Bank duly approved by the
State Government. The security is liable to be increased or decreased by the
Excise Commissioner at any time, should he consider for any reason, that the
amount so fixed is inadequate or excessive.
(2) Operations connected with the filling of bottles
shall be conducted under supervision of an Excise Inspector.
(3) The Excise Commissioner shall decide the strength
of excise personnel, necessary for the proper supervision of the operations
connected with bottling and his decision shall be binding on the licensee.
The licensee shall provide quarters to the excise staff
to the satisfaction of the Excise Commissioner in the vicinity of the bonded
warehouse for bottling of Indian made foreign liquor at a rent not exceeding
ten percent, per month of the salary of each member of the staff.
The licensee shall be bound to keep the quarters and
their appurtenances in proper repair and not to interrupt or annoy any
officer residing therein, in his use or enjoyment thereof. In case any
question should arise as to whether the rent demanded by the owner of such
quarters is just and reasonable taking into consideration the nature and
sufficiency of the accommodation, the question shall be referred to the
Excise Commissioner whose decision shall be final and binding on the
licencee.
(4) Operations connected with bottling shall be
conducted in separate rooms called bottling rooms set apart for the purpose
within the premises near the foreign liquor store. In these rooms the
licensee may set up such apparatus for filtering, bottling and processes
connected therewith as may be necessary. In the bottling rooms bottling vats
shall be erected for the storage of foreign liquor. Bottled liquor shall be
stored in separate rooms.
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7. Following additional special conditions will
be applicable to bottling of Indian made foreign liquor in bond under FL-3
licence.
(1) The licensee shall execute a bond in Form P.D.B.
with such security as may be fixed by the Excise Commissioner. The security
shall be furnished either in cash or in interest bearing securities,
government promissory notes, national savings certificates, post office
savings, bank pass book or post office cash certificates or in fixed deposit
receipts of the State Bank of India or any other Bank duly approved by the
State Government. The security is liable to be increased or decreased by the
Excise Commissioner at any time, should he consider for any reason, that the
amount so fixed is inadequate or excessive.
(2) Operations connected with the filling of bottles
shall be conducted under supervision of an Excise Inspector.
(3) The Excise Commissioner shall decide the strength
of excise personnel, necessary for the proper supervision of the operations
connected with bottling and his decision shall be binding on the licensee.
The licensee shall provide quarters to the excise staff
to the satisfaction of the Excise Commissioner in the vicinity of the bonded
warehouse for bottling of Indian made foreign liquor at a rent not exceeding
ten percent, per month of the salary of each member of the staff.
The licensee shall be bound to keep the quarters and
their appurtenances in proper repair and not to interrupt or annoy any
officer residing therein, in his use or enjoyment thereof. In case any
question should arise as to whether the rent demanded by the owner of such
quarters is just and reasonable taking into consideration the nature and
sufficiency of the accommodation, the question shall be referred to the
Excise Commissioner whose decision shall be final and binding on the
licencee.
(4) Operations connected with bottling shall be
conducted in separate rooms called bottling rooms set apart for the purpose
within the premises near the foreign liquor store. In these rooms the
licensee may set up such apparatus for filtering, bottling and processes
connected therewith as may be necessary. In the bottling rooms bottling vats shall
be erected for the storage of foreign liquor. Bottled liquor shall be stored
in separate rooms.
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All the rooms shall be well ventilated. The windows and
ventilators shall be securely barred with iron bar embedded in cement and
they shall be wire netted the net having a mess of not more than 25 mm. Every
room shall bear on the outside a board on which shall be painted legibly the
purpose for which the room is used. All the rooms shall remain under the
separate locks and keys of the licensee and the Excise Inspector.
(5) Bottling can be done continuously as per
requirements.
(6) No bottles shall be filled with liquor except in
the joint presence of the Excise Inspector and a representative of the
licensee and under CCTV Camera with IP Address.
(7) Liquor required for bottling in a distillery,
vintnery or brewery shall be measured out and brought into bottling rooms by
a permanently fixed pipe fitted within the liquor store with a cock and
fastening for an excise lock or such other means as may be approved by the
Excise Commissioner.
(8) Bottling of Rum meant for issues to troops at
concessional rate shall be permitted in separate room(s) other than the
room(s) where bottling of any other liquor is carried on. Bottled
concessional rum shall not be stored with any other liquor.
(9) The Excise Inspector in-charge of bottling bonded
warehouse shall maintain the following registers;
(i) Register in form F.L.B.-3
(ii) Register in form F.L.B.-4
(iii) Register in form F.L.B.-5
(iv) Register in form F.L.B.-6
(v) Register in form F.L.B.-7
(vi) Dip book in form F.L.B.-9
(vii) These forms will be maintained in digital form
also and be submitted daily online on designated portal of Excise Department.
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All the rooms shall be well ventilated. The windows and
ventilators shall be securely barred with iron bar embedded in cement and
they shall be wire netted the net having a mess of not more than 25 mm. Every
room shall bear on the outside a board on which shall be painted legibly the
purpose for which the room is used. All the rooms shall remain under the
separate locks and keys of the licensee and the Excise Inspector.
(5) Bottling can be done continuously as per
requirements.
(6) No bottles shall be filled with liquor except in
the joint presence of the Excise Inspector and a representative of the
licensee and under CCTV Camera with IP Address.
(7) Liquor required for bottling in a distillery,
vintnery or brewery shall be measured out and brought into bottling rooms by
a permanently fixed pipe fitted within the liquor store with a cock and
fastening for an excise lock or such other means as may be approved by the
Excise Commissioner.
(8) Bottling of Rum meant for issues to troops at
concessional rate shall be permitted in separate room (s) other than the
room(s) where bottling of any other liquor is carried on. Bottled
concessional rum shall not be stored with any other liquor.
(9) The Excise Inspector in-charge of bottling bonded
warehouse shall maintain the following registers;
(i) Register in form F.L.B.-3
(ii) Register in form F.L.B.-4
(iii) Register in form F.L.B.-5
(iv) Register in form F.L.B.-6
(v) Register in form F.L.B.-7
(vi) Dip book in form F.L.B.-9
(vii) These forms will be maintained in digital form
also and be submitted daily online on designated portal of Excise Department.
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(10) On the last working day of every calendar month,
after all the transactions for that day are made, the Excise Inspector
in-charge shall take the stock of unbottled and bottled spirit and beer
stored in the bottling warehouse, enter into the prescribed register and
ascertain the wastage of spirit in the bottling operations and storage in the
bonded warehouse.
(11) (a) An allowance up to one per cent may be made on
the total quantity of spirit and beer stored during a month for actual loss
in bottling and storage. The licensee shall be responsible for the payment of
consideration fee calculated on the basis of average consideration fee
leviable for all category on wastage in excess of one percent in a month.
(b) When the wastage does not exceed the prescribed
limit, no action need be taken by the Excise Inspector In-charge but if an
excess is found at the time of monthly stock taking the Excise Inspector
shall submit a statement to the Collector by the fifth day of the month in
Form F.L.B.-10 showing the quantity of actual wastage and the consideration
fee to be paid by the licensee on the excess wastage. On receipt of the
statement the Collector shall recover the consideration fee from the licensee
at the full rate of consideration fee leviable on Indian made foreign spirit
and beer.
(12) The Excise Inspector in-charge of bonded warehouse
for the bottling of Indian made foreign liquor will unless otherwise
directed, work under the supervision of, and correspond with the Deputy
Excise Commissioner in whose territory charge the bonded warehouse lies. In
all ordinary matters regarding the working of the bonded warehouse the
licensee should in the first instance apply to the excise inspector in-charge
who will, if necessary secure higher orders.
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(10) On the last working day of every calendar month,
after all the transactions for that day are made, the Excise Inspector
in-charge shall take the stock of unbottled and bottled spirit and beer
stored in the bottling warehouse, enter into the prescribed register and ascertain
the wastage of spirit in the bottling operations and storage in the bonded
warehouse.
(11) (a) An allowance up to one per cent may be made on
the total quantity of spirit and beer stored during a month for actual loss
in bottling and storage. The licensee shall be responsible for the payment of
consideration fee calculated on the basis of average consideration fee
leviable for all category on wastage in excess of one percent in a month.
(b) When the wastage does not exceed the prescribed
limit, no action need be taken by the Excise Inspector In-charge but if an
excess is found at the time of monthly stock taking the Excise Inspector
shall submit a statement to the Collector by the fifth day of the month in
Form F.L.B.-10 showing the quantity of actual wastage and the consideration
fee to be paid by the licensee on the excess wastage. On receipt of the
statement the Collector shall recover the consideration fee from the licensee
at the full rate of consideration fee leviable on Indian made foreign spirit
and beer.
(12) The Excise Inspector in-charge of bonded warehouse
for the bottling of Indian made foreign liquor will unless otherwise
directed, work under the supervision of, and correspond with the Deputy
Excise Commissioner in whose territory charge the bonded warehouse lies. In
all ordinary matters regarding the working of the bonded warehouse the
licensee should in the first instance apply to the excise inspector in-charge
who will, if necessary secure higher orders.
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(13) The shift and hours of attendance of the
inspectors posted to a bonded warehouse for the bottling of Indian made
foreign liquor will be fixed by the Asstt. Excise Commissioner. The Excise
Inspector posted to the bonded warehouse will fix the hours of attendance of
clerks and peons. Ordinarily each official will be on duty for a total period
not exceeding eight hours a day. If more than one Inspector be posted to a
bonded warehouse operations involving the presence of an Inspector the
licensee may continue upto twenty-four hours in three shifts i.e. from 6.00
AM to 2.00PM, 02.00PM to 10.00 PM and 10.00PM to 6.00AM.
(14) The holidays allowed to the Excise Staff posted at
the bonded warehouse for the bottling of Indian made foreign liquors are:
Sundays, Republic Day (26th January), Good Friday, Mahatma Gandhi's Birthday
(Official), Independence Day, Christmas Day, Holi, (the day following the
burning of Holi), Janmashtmi, Deshera (principal day), Diwali (principal
day), Idul Fitr (principal day), Idul-zuha, Moharram (10th day) and Shabe-i-Barat.
Other Gazetted holidays will only be allowed if the
distillers themselves close down on special grounds with the sanction of the
Excise Commissioner.
(15) Bonded warehouse for the bottling of Indian made
foreign liquor shall be open only for the entrance and exit of persons who
have business within them. No one except officer of the Excise Department and
the Superior Officers of other Government Departments, licensee, his servants
and licenced vendors who have come to purchase liquor shall be allowed to
enter the premises on any pretext A register shall be kept of the names of
all persons employed by licensee.
(16) All the persons entering a bonded warehouse for
the bottling of Indian made foreign liquor shall be under the orders of the
Excise Inspector In-charge in respect of their conduct and proceedings within
the warehouse and shall be liable to search on their quitting the premises at
the discretion of the Excise Inspector In-charge.
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(13) The shift and hours of attendance of the
inspectors posted to a bonded warehouse for the bottling of Indian made
foreign liquor will be fixed by the Asstt. Excise Commissioner. The Excise
Inspector posted to the bonded warehouse will fix the hours of attendance of
clerks and peons. Ordinarily each official will be on duty for a total period
not exceeding eight hours a day. If more than one Inspector be posted to a
bonded warehouse operations involving the presence of an Inspector the
licensee may continue upto twenty-four hours in three shifts i.e. from 6.00 AM
to 2.00PM, 02.00PM to 10.00 PM and 10.00PM to 6.00AM.
(14) The holidays allowed to the Excise Staff posted at
the bonded warehouse for the bottling of Indian made foreign liquors are:
Sundays, Republic Day (26th January), Good Friday, Mahatma Gandhi's Birthday
(Official), Independence Day, Christmas Day, Holi, (the day following the
burning of Holi), Janmashtmi, Deshera (principal day), Diwali (principal
day), Idul Fitr (principal day), Idul-zuha, Moharram (10th day) and
Shabe-i-Barat.
Other Gazetted holidays will only be allowed if the
distillers themselves close down on special grounds with the sanction of the
Excise Commissioner.
(15) Bonded warehouse for the bottling of Indian made
foreign liquor shall be open only for the entrance and exit of persons who
have business within them. No one except officer of the Excise Department and
the Superior Officers of other Government Departments, licensee, his servants
and licenced vendors who have come to purchase liquor shall be allowed to
enter the premises on any pretext A register shall be kept of the names of
all persons employed by licensee.
(16) All the persons entering a bonded warehouse for
the bottling of Indian made foreign liquor shall be under the orders of the
Excise Inspector In-charge in respect of their conduct and proceedings within
the warehouse and shall be liable to search on their quitting the premises at
the discretion of the Excise Inspector In-charge.
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(17) If it comes to the knowledge of a licensee that
any person employed by him has committed any breach of the excise laws or of
the engagements entered into by him, it shall be his duty to report the
matter to the Collector, and to comply with the directions of the latter
officer respecting the continued employment of such person.
(18) The Excise inspector in-charge of a bonded
warehouse for bottling of Indian made foreign liquor may eject and exclude
from the premises any person as to whom he has reason to believe that he has
committed or is about to commit any breach of these rules or of the
provisions of the Excise Act, or who is intoxicated or disorderly. All
actions under this rule shall forthwith be recorded by him in writing in his
official diary for the information of the superiors.
(19) The licensee shall be bound by all the general
rules for the management of bonded warehouse for bottling of Indian made
foreign liquor and for the issue of foreign liquor there from which may
already in force or which may thereinafter be prescribed under the existing
excise law or under any law which may hereinafter be enacted by all special
orders issued by the Excise Commissioner with regard to individual bonded
warehouse, and shall cause all persons employed by them in the manufacture,
issue etc of liquor to obey all such rules.
(20) (i) No liquor shall be removed except under a pass
in Form F.L.B.-11 granted by the Officer empowered in this behalf. The pass
affixed with the security code containing details of the consignment in the
particular transport vehicle, shall be issued either on proof of full payment
of consideration fee or on proof of execution of bond. It shall be in
triplicate, one copy shall be made over to the licensee to cover the
transport or export, the second forwarded to the chief revenue authority of
the district of import or transport and the third retained for record. A
digital record shall be maintained and also submitted daily online on
designated portal.
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(17) If it comes to the knowledge of a licensee that
any person employed by him has committed any breach of the excise laws or of
the engagements entered into by him, it shall be his duty to report the
matter to the Collector, and to comply with the directions of the latter
officer respecting the continued employment of such person.
(18) The Excise inspector in-charge of a bonded
warehouse for bottling of Indian made foreign liquor may eject and exclude
from the premises any person as to whom he has reason to believe that he has
committed or is about to commit any breach of these rules or of the
provisions of the Excise Act, or who is intoxicated or disorderly. All
actions under this rule shall forthwith be recorded by him in writing in his
official diary for the information of the superiors.
(19) The licensee shall be bound by all the general
rules for the management of bonded warehouse for bottling of Indian made
foreign liquor and for the issue of foreign liquor there from which may
already in force or which may thereinafter be prescribed under the existing
excise law or under any law which may hereinafter be enacted by all special
orders issued by the Excise Commissioner with regard to individual bonded
warehouse, and shall cause all persons employed by them in the manufacture,
issue etc of liquor to obey all such rules.
(20) (i) No liquor shall be removed except under a pass
in Form F.L.B.-11 granted by the Officer empowered in this behalf. The pass
affixed with the security code containing details of the consignment in the
particular transport vehicle, shall be issued either on proof of full payment
of consideration fee or on proof of execution of bond. It shall be in
triplicate, one copy shall be made over to the licensee to cover the
transport or export, the second forwarded to the chief revenue authority of
the district of import or transport and the third retained for record. A
digital record shall be maintained and also submitted daily online on
designated portal.
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(ii) In case of issue of liquor under bond, the
licensee shall execute a general or special bond with or without sureties, as
may be, considered expedient in Form F.L.B.B. 1 or F.L.B.B 2, as the case may
be to deliver the liquor at a particular place or destination.
(iii) In case of liquor issued under special bond, the
bond shall be discharged on the licensee's furnishing proof of his having
delivered the liquor at the destination, provided that none of the conditions
of the bond has been infringed. The consideration fee on consignment issued
under a general bond shall be written off on his furnishing proof of delivery
of liquor at the destination, provided that none of the conditions of the
bond has been infringed.
(iv) If the licensee does not furnish within the time
mentioned in the bond or pass proof of his having delivered the liquor at the
destination or if it appears that any of the conditions of the bond have been
infringed, the Excise Inspector Incharge shall forthwith take necessary steps
to recover from the executants or its sureties the penalty under the bond.
(v) A register of bond will be maintained in Form
F.L.B.12 and every issue in bond will, on the date it is made, be entered in
this register. On the receipt of intimation that the consignment has duly
arrived, an entry to the effect will be made in the relevant column of the
register of bond, and the bond so far as that consignment is concerned will
be discharged.
As soon as the entries relating to a consignment are
complete the Excise Inspector Incharge of the bottling warehouse will draw a
red line to them to enable him to see at a glance the quantity of liquor that
is in transit and to restrict issues to the amount covered under the bond.
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(ii) In case of issue of liquor under bond, the
licensee shall execute a general or special bond with or without sureties, as
may be, considered expedient in Form F.L.B.B. 1 or F.L.B.B 2, as the case may
be to deliver the liquor at a particular place or destination.
(iii) In case of liquor issued under special bond, the
bond shall be discharged on the licensee's furnishing proof of his having
delivered the liquor at the destination, provided that none of the conditions
of the bond has been infringed. The consideration fee on consignment issued
under a general bond shall be written off on his furnishing proof of delivery
of liquor at the destination, provided that none of the conditions of the
bond has been infringed.
(iv) If the licensee does not furnish within the time
mentioned in the bond or pass proof of his having delivered the liquor at the
destination or if it appears that any of the conditions of the bond have been
infringed, the Excise Inspector Incharge shall forthwith take necessary steps
to recover from the executants or its sureties the penalty under the bond.
(v) A register of bond will be maintained in Form
F.L.B.12 and every issue in bond will, on the date it is made, be entered in
this register. On the receipt of intimation that the consignment has duly
arrived, an entry to the effect will be made in the relevant column of the
register of bond, and the bond so far as that consignment is concerned will
be discharged.
As soon as the entries relating to a consignment are
complete the Excise Inspector Incharge of the bottling warehouse will draw a
red line to them to enable him to see at a glance the quantity of liquor that
is in transit and to restrict issues to the amount covered under the bond.
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(vi) The entire quantity of liquor shall be transported
in one consignment and shall not be broken in transit and the movement of
consignment shall not be deviated on the route specified in the E-transit
pass, the infraction of which may entail on the licensee of distillery,
imposition of severe penalty as laid down by the Government.
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(vi) The F.L.-3 or F.L.-3A licensee shall be allowed to
make dispatches of liquor to more than one wholesale licenses situated in one
district through one vehicle. The movement of consignment shall not be
deviated on the route specified in the E-transit pass, the infraction of
which may entail on the licensee of distillery, imposition of severe penalty
as laid down by the Government.
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(vii) If any distillery is found to be involved in a
deceptive and fraudulent use of E-transit pass for transiting consignment
more than once on the valid pass, Officer-in-charge of distillery, as well as
distillery shall be liable to severe punishment.
(21) Issues may be made by the licensee from the bonded
warehouse for the bottling of Indian made foreign liquor as follows :
(1) Foreign liquor may be issued in bond to persons and
places as provided in the rules governing the export and transport of foreign
liquor.
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(vii) If any distillery is found to be involved in a
deceptive and fraudulent use of E-transit pass for transiting consignment
more than once on the valid pass, Officer-in-charge of distillery, as well as
distillery shall be liable to severe punishment.
(21) Issues may be made by the licensee from the bonded
warehouse for the bottling of Indian made foreign liquor as follows :
(1) Foreign liquor may be issued in bond to persons and
places as provided in the rules governing the export and transport of foreign
liquor.
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(2) Foreign liquor may be issued on payment of
consideration fee to :
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(2) Foreign liquor may be issued on payment of
consideration fee, special consideration fee and special additional
consideration fee to :
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(i) the premises in respect of which the licensee holds
a wholesale licence for the vend of foreign liquor.
(ii) Troops in India, as provided in the export and
transport rules, on payment of consideration fee at the prescribed rates.
(3) In the said Rules for the form F.L.B.B.-1,
F.L.B.B.-2 and P.D.B. the following forms are substituted:
(4) In the said Rules after Form F.L.B.11 the following
Form F.L.B.12 is added.
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(i) the premises in respect of which the licensee holds
a wholesale licence for the vend of foreign liquor.
(ii) Troops in India, as provided in the export and
transport rules, on payment of consideration fee at the prescribed rates.
(3) In the said Rules for the form F.L.B.B.-1,
F.L.B.B.-2 and P.D.B. the following forms are substituted:
(4) In the said Rules after Form F.L.B.11 the following
Form F.L.B.12 is added.
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