THE BOMBAY SPIRITUOUS PREPARATIONS (MANUFACTURING) RULES, 1955

These rules shall extend to the whole of the State of Bombay.

They shall come into force on 26th July 1955

“Act” means the Bombay Probihition Act, 1949

“Excise Supervision” means the supervision by the members of the staff of the Prohibition and excise Department appointed in that behalf by the Commissioner.

“Form” means a form appended to these rules

“licence” means a licence granted under these Rules

“licensee” means a person who has been granted a licence under these Rules

“licensed premises” means premises in respect of which a licence has been granted and includes a warehouse of the licensee approved by the Collector

“Spirituous preparation” means—

(i) any medicinal or toilet preparation containing alcohol, or

(ii) any antisepetic preparation or solution containing alcohol, or

(iii) any flavauring extract, essence or syrup containing alcohol which is determined to be fit for use as intoxicating liquor by the State Government under section 6-A of the Act;

“to manufacture spirituous preparations in bond”, with its grammatical variations, means to manufacture spirituous preparatins without prepayment of excise duty leviable thereon but a bond for the payment of which on their removal after manufacture has been excuted.

Any person desiring to manufacture spirituous preparations shall apply to the Collector for a licence in that behalf. 

The application shall contain the following particulars, namely :— (i) Name and address of the applicant ;

(ii) Location of the premises where spirituous preparations will be manufactured, with the name of the building and the name of street, city, town or village, as the case many be;

(iii) Names of spirituous preparations intended to be manufactured and their detailed formula 1 [and the quantities of each of the spirituous preparations manufactured during the last three preceding year (together with documents, if any, evidencing the manufacture of preparations in quantities so specified);

(iv) Names of ingredients to be used in the manufacture of spirituous preparations;

(v) Details of the process of manufacture;

(vi) Whether the applicant carried on the business of manufacturing spirituous preparations in the past and if so, when and where.

On receipt of the application under Rule 4, the Collector may make inquiries for verification of the details stated in the application and also such other inquiries as he deems necessary. If he is satisfied that there is no objection to grant the licence applied for, he shall forward the application and papers of inquiry with his remarks to the Commissioner who may, if he deems proper, accord approval to the manufacture of spirituous preparations specified in the application 2 [and having regard to the quantities of the spirituous preparations manufactured or imported during the three years immediately preceding the date of the application, the demand for such preparations and other relevant factors fix the quantity of the preparation to be manufactured,] and return the application and the papers to the Collector with his order. The Collector shall, in accordance with the Commissioner orders, grant the applicant a licence in Form S. P. I on payment of a 3 [fee of Rs. 200] :

Provided that where the spirituous preparation in respect of which the licence is applied for is merely Ayurvedic medicinal preparation in which alcohol is generated by the process of fermentation, a licence shall be granted on payment of a 3 [fee of Rs. 50]. 

No licence in Form S. P. I shall be granted unless the applicant has executed a bond for payment of excise duty on the spirituous preparations manufactured and stored in bond at the licensed premises as prescribed in the regulations made by the Commissioner in that behalf.

The licensee shall allow any officer empowered under section 122 of the Act to inspect at any time the licensed premises and all spirituous preparation manufactured or kept therein.

he licensee shall, when so required by any officer not below the rank of a Prohibition and Excise Sub-Inspector, give an explanation in writing regarding any irregularity detected at his licensed premises and shall, if so required by him, furnish the information regarding the management of the said premises. He shall answer all questions put to him to the best of his knowledge and belief. He shall also allow any officer empowered under section 122 of the Act to take samples of any spirituous preparations, free of cost, for analysis, if required by such officer for that purpose.

The licensee shall maintain at the licensed premises a “Visit Book” paged and stamped with the seal of the Collector or such other officer as may be authorised by him in this behalf, in which visiting officers may record any remarks when inspecting the said premises. The licensee shall, on the termination of the period of his licence, deliver up the said book, the account and the licence to the local Prohibition and Excise sub-Inspector or Inspector.

No persons shall be recognised as the partners of the licensee for the purpose of the licence, unless the partnership has been disclosed to the Collector before the licence is granted and the names of the partners have been entered jointly in the licence , or if the partnership is entered into after the granting of the licence, unless the Collector agrees on application made to him, to alter the licence and to add the name or names of the partner or partners in the licence,

The licensee shall comply with all lawful orders and directions issued from time to time by the Commissioner, Collector, Superintendent of Prohibition and Excise or District Inspector of Prohibition and Excise.

 The licensee shall abide by the provisions of the Act and the rules, regulations and orders made thereunder and the conditions of the licence and shall give an undertaking to that effect.