HOME

THE BOMBAY SACRAMENTAL WINE (MANUFACTURING) RULES 1950.

View all order & notifications Forms / Schedules

G.N., R.D. NO. 7167/39(A), dated 4th May, 1950

  1. G. N., R. D. No. 8081/45(i),, dated 11th August, 1950
  2. G. N., R. D. No. SAC. 106, dated 15th March, 1957
  3. G. N., R. D. No. MIS, 1561/33915-(b)-N, dated 14th July, 1962
  4. Corrig., R. D. No. MIS, 1561/33915, N,, dated 22nd January, 1963
  5. G. N. H. D. No. BPA, 1959/55336-III, dated 25th July, 1963
  6. G. N. H. D. No. BPA, 1088/IX-PRO-2, dated 16th March, 1988

Whereas the Government of Bombay considers that the rules hereinafter appearing should be brought into force at once;

Now, therefore, in exercise of the powers conferred by section 143 of the Bombay Prohibition Act, 1949 (Bom. XXV of 1949), and of all other powers enabling it in this behalf, and in supersession of government Notification, Revenue department, No. 7167/39, dated 18th May 1943, the Government of Bombay is pleased to make the following rules, namely :


1 Short title.[View all order & notifications]

(1)

These rules may be called the Bombay sacramental Wine Manufacturing Rules, 1950. 

1 [(2)

They extend to the whole of the State of Maharashtra.]


2 Definitions.[View all order & notifications]

In these rules, unless there is anything repugnant in the subject or context,—

(1)

“Act” means the Bombay prohibition Act, 1949;

(2)

“Authorization” means an authorization granted under the Bombay Sacramental Wine Rules, 1950;

(3)

“Bishop” means a priest of the Roman Catholic Church consecrated as a Governor of a diocese;

(4)

“Form” means a form appended to these rules;

(5)

“Inspector” means an Inspector or a 1[Sub-Inspector of prohibition and Excise in charge of the taluka, tahsil, petha, mahal or division] in which the manufactory is situated;

(6)

“Licence” means a licence granted under rule 4;

(7)

“Licensee” means a person who has been granted a licence under rule-4.

(8)

“Manufactory” means the room or building wherein the manufacture of sacramental wine is permitted under a licence; 

(9)

“Officer-in-charge” means a Prohibition Officer appointed for the purpose of supervising the operations at a manufactory.

(10)

“Sacramental Wine” means wine required for offering the Holy Sacrifice of Mass in a Roman Catholic Church or for use by any person for sacramental purposes and prepared form raisins at a manufactory in accordance with the provisions of these rules;

(11)

Words and expressions not defined in these rules shall have the meanings respectively assigned to them in the Act.


3 Application for Licence for manufacture and sale of Sacramental Wine.[View all order & notifications]

(1)

Any regional head of a religion or religious sect desiring to manufacture and sell sacramental wine shall make an application to the collector for a licence. The application shall contain the following particulars, namely :

(1) Name and address of the applicant;

(2) Place where sacramental wine is to be manufactured;

(3) Description and plan in duplicate of the manufactory;

(4) A statement in triplicate specifying the number, size and description of the fermenting, filtering and settling vessels and such other permanent apparatus as are proposed to be used in the manufactory;

(5) A statement showing the maximum quantity of sacramental wine proposed to be manufactured at the manufactory during the currency of the licence;

(6) A statement showing the region to which the sacramental wine will be distributed after manufacture together with the number and names of persons with their designations in the region and the quantity of sacramental wine to be distributed to each such person;

(7) whether sacramental wine was manufactured in the manufactory in the past and if so, the period during which, sacramental wine was manufactured and the quantity thereof, and the number and names of places and persons and quantities of sacramental wine distributed to them.

(2)

The applicant shall also give an udertaking to the effect that he shall abide by the provisions of the Act and the rules, regulations and orders made thereunder and the conditions of the licence.

Explanation.—For the purposes of this rule the head of a religion or a religious sect shall include a Bishop.


4 Grant of Licence S.W.II.[View all order & notifications]

On receipt of the application the collector may make such inquiries as he may deem necessary, and if he is satisfied that the manufactory and the apparatus are suitable for the manufacture of sacramental wine and that there is no objection to grant the licence, he may, with the previous approval of the Commissioner, grant a licence, to the applicant in Form S. W. II 1 [on payment of 2 [a fee of Rs. 50.] He shall retain the originals of the description, plan and statements refferred to in rule 3, forward the duplicates thereof with a copy of the licence to the Officer-in-charge concerned and return the triplicate if any, to the licensee.


5 Validity of the licence.[View all order & notifications]

No licence shall be granted for a period of more than one year at a time and in no case shall such period extend beyond 31st March next following the date of the commencement of the licensee.


6 Quantity of Sacramental Wine.[View all order & notifications]

No licence may be granted for such quantity as may be fixed by the collector having regard to the maximum quantity of sacramental wine, if any, manufactured by the application and specified by him in his application.


7 Supervision.[View all order & notifications]

The licensee shall carry out all the operations connected with the manufacture of sacramental wine at the manufactory under the supervision of the Officer-in charge.


8 Condition for manufacturing of sacramental wine.[View all order & notifications]

The licensee shall use only raising as base for the manufacture of sacramental wine without adding any sugar, fermenting agent or other substance either before, at the time of or after fermentation.


9 Process for Manufacturing sacramental wine.[View all order & notifications]

The licensee shall adopt the following process for manufacturing sacramental wine namely : The licensee shall—

(a)

put raisins into a receptacle, preferably a cask, cut into two halves;

(b)

wash them, if dirty;

(c)

add water to raisins in proportion of not less than 11:10 (thus 1 [100 litres] or more of water for 1 [91 kilograms] of raisins);

(d)

leave the raisins in the water and crush them after 48 hours; 

(e)

put the raisins in the cask for fermentation;

(f)

Stir the fresh crushed juice or raisins, hereinafter called “must” with clean stick once a day during fermentation;

(g)

draw off the wine after fifteen days of fermentation;

(h)

pour it into a vat prepared for filteration;

(i)

filter if with while sack-cloth (Dutch system);

(j)

pour it into a cask after filteration;

(k)

if the cask is not filled up to the brim with wine, burn some sulpher in the empty space;

(l)

after a short time draw the wine off and bottle it.


10 Intimation in Form A for manufacture of sacramental wine.[View all order & notifications]

The licensee shall, before proceeding with the manufacture of sacramental wine, send an intimation in form ‘A’ to the Officer-in-charge and shall forward a copy thereof to the Collector of the district and the 2 [Inspector of Prohibition and Excise of the taluka or tahsil concerned.]


11 Samples for Analysis.[View all order & notifications]

The licensee shall on demand by the Officer-in-charge permit samples to be taken for analysis free of cost of the raisins and the water used and of “must and sacramental water manufactured at the manufactory”.


12 Destroy of deteriorated or substandard sacramental wine.[View all order & notifications]

(1)

The licensee shall not destory all sacramental wine which, on analysis, is found to be deteriorated or unfit for human consumption in accordance with the orders of the Collector.

(2)

The licensee shall not manufacture sacramental wine of a strength exceeding 20 per cent of proof spirit.


13 Intimation in form B before manufacturing sacramental wine.[View all order & notifications]

(1)

The licensee shall not issue any sacramental wine unless he sends previous intimation in form ‘B’ to the Treasury Office concerned or the 1 [Chief Accounts Officer of Prohibition and Excise, Bombay], as the case may be; he shall forward a copy thereof to the Collector of the district and the Officer-in-charge.

3[(2)

The licensee shall pay into Government treasury the amount of excise duty, transport fee and special fee at the following rates in respect of the sacramental wine to be issued form the manufactory and shall present to the Officer-in-charge a copy of the challan in token of the payment of such duty and fees, namely :

1 [(i) rate of excise duty—

22 nP. per litre of Sacramental Wine.

(ii) rate of transport fee—

4 nP. per litre of Sacramental Wine.

(iii) rate of special fee—

12 nP. per litre of sacramental wine.]


14 Payment of Excise duty.[View all order & notifications]

The licensee shall not issue any quantity of sacramental wine from the manufactory unless he has paid thereon 1 [the excise duty, transport fee and special fee at the rates prescribed in sub-rule (2) of rule 13.]


15 Distribution or sale only to Authorisation holder.[View all order & notifications]

The licensee shall not use, distribute or sell sacramental wine manufactured at the manufactory to any person who does not hold and authorization.


16.[View all order & notifications] The licensee shall not issuer sacramentals wine to any holder of an authorization unless the holder has got a balance of sacramental wine remaining unpurchased against his authorization. The licensee shall on each occasion enter in the authorization the details of the sale of sacramental wine and sign below such entry.


17.[View all order & notifications] The licensee shall distribute sacramental wine according to the directions of the Commissioner.


18.[View all order & notifications]

(1)

Except as permitted under an authorization sacramental wine shall not be removed except under a transport pass in Form S. W. III.

(2)

The transport pass shall be made out in qiard duplicate which shall be dealt with as under—

Part I shall be retained by the Officer-in-charge;

Parts II, III and IV shall be given to the licensee; and

Part V shall be sent by the Officer-in-charge to the 2 [Inspector of Prohibition and Excise] at the place of destination.

(3)

The licensee shall retain Part II for his record and forward Parts III and IV along with the consignment to the person receiving the consignment. The person receiving the consignment shall retain Part IV and retain Part III with his acknowledgment to the Officer-in-charge who shall file it with the Part I.


19.[View all order & notifications]

(1)

The licensee shall maintain such accounts and shall furnish such returns as may be prescribed by the Commissioner under this Act. 

(2)

The licensee shall keep at the manufactory a chart in form ‘C’ showing the monthly outturn and issue of sacramental wine in each year and also a visit book wherein Inspecting Officers may record their remarks.


20.[View all order & notifications] The licensee shall hand over the accounts maintained by him, the chart and the visit-book to the Collector on the expiry of the licence period or on the cancellation or suspension of his licence, as the case may be.


21.[View all order & notifications] The accounts, the chart, the stock of wine and the manufactory shall be open for inspection at all reasonable hours by a Prohibition Officer empowered under section 122 or 77(a) of the Act.


22.[View all order & notifications] The licensee shall keep the manufactory and the premises connected therewith in a clean condition.


23.[View all order & notifications]

Sacramental wine may be manufactured by or on behalf of Government and the provisions of the rules shall, so far as may be, apply to such manufacture:

Provided that no licence shall be necessary for the manufacture, storage or supply of sacramental wine by or on behalf of Government.



S. W. II

see rule 4

Licence for the manufacture of sacramental wine

Download

FORM - A

see rule 10

Intimation of manufacture

Download

FORM - B

see rule 13

Intimation of issue of sacramental wine

Download

FORM S. W. III

see rule 18

Pass for transport of sacramental wine

Download

FORM C

see rule 19 (2)

A chart showing the manufacture and sale of sacramental wine manufactured at the manufactory situated

Download

Rules NO