THE MAHARASHTRA SPIRITUOUS PREPARATIONS (IMPORT AND EXPORT) RULES, 1963

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G. N., H.D., NO. SMP-1460/22851-III, dated 5th December, 1963

In exercise of the powers conferred by clause (b) of sub-section (2) of section 143 read with sections 11 and 53 of the Bombay Prohibition Act, 1949 (Bom. XXV of 1949), and in supersession of all previous Rules in so far as they relate to the matters provided for in these Rules, the Government of Maharashtra hereby makes the following Rules, the same having been previously published as required by sub-section (3) of the said section 143 :

1 Short title शीर्षक.[View all order & notifications]

These Rules may be called the Maharashtra Spirituous Preparations (Import and Export) Rules, 1963.

2 Extent व्याप्ती.[View all order & notifications]

These Rules extend to the whole of the State of Maharashtra.

3 Definitions व्याख्या.[View all order & notifications]

In these Rules, unless the content requires otherwise,–

(1)

“Act” means the Bombay Prohibition Act, 1949 ;

(2)

“Exporting Place” means a place outside the State of Maharashtra from which a spirituous preparation is imported ;

(3)

“Form” means a form appended to these Rules :

(4)

“Importing Place” means the place outside the State of Maharashtra to which a spirituous preparation is exported :

(5)

“Place of Export” means the place in the State of Maharashtra from which a spirituous preparation is exported ;

(6)

“Place of Import” means the place in the State of Maharashtra in which a spirituous preparation is imported ;

(7)

“Spirituous Preparation” means and medicinal or toilet preparation containing alcohol, which is determined by the State Government under section 6-A of the Act to be fit for use as an intoxicating liquor.

4 Importer to apply for Import Pass आयातदाराने आयात पास साठी अर्ज करणे.[View all order & notifications]

Any person who holds a license or permit under the Act for the sale or possession of any spirituous preparation or is permitted to possess or sell such preparation under the Act and who desires to import (hereinafter referred to as “importer”) any spirituous preparation shall apply in Form S.P./A-1 for an import pass to the Collector or any other officer duly authorized in this behalf.

5 Issue of Pass पास जारी करणे.[View all order & notifications]

(1)

On receipt of the application made under rule 4, the Collector or the officer authorized shall make such inquiries as he may deem necessary and if he sees no objection, he may grant the applicant an import pass in Form S. P. 1 on payment of a fee of Re. 1.

(2)

Every pass granted under sub-rule (1) shall show the designations of the officers by whom, and the places at which, the consignment of spirituous preparations to be imported, is to be inspected en route under rule 9 and examined on arrival at the place of import under rule 10. In case of import by road, one of the inspecting officers shall be the Prohibition and Excise Officer-in-charge of the taluka in which the place where the consignment enters the limits of the State is situated, or an officer deputed by him in this behalf. In cases of import by rail direct to the place of import, one of the inspecting officers shall be the Prohibition and Excise Officer-in-charge of the place where the railway station to which the consignment is to be booked is situated or an officer deputed by him in this behalf.

(3)

Every pass granted under sub-rule (1) shall be in four parts which shall be dealt with as under :–

PART I shall be retained on the records of the officer issuing the pass ;

PART II shall be sent by post to the Excise Officer at the exporting place ;

PART III shall be sent to the Superintendent of Prohibition and Excise or the District Inspector of Prohibition and Excise at the place of import ; and

PART IV shall be handed over to the importer or his agent together with the Form “Certificate-1” annexed thereto.

6 Procedure to be followed at the exporting place निर्यातीच्या ठिकाणी अवलंबायची प्रक्रिया.[View all order & notifications]

As soon as the consignment of spirituous preparations to be imported is ready for dispatch from the exporting place, the importer or his agent shall obtain a certificate in the Form “Certificate-1” annexed to Part IV of the pass from the Excise Officer at the exporting place.

7 Procedure in transit वाहतुकी दरम्यानची प्रक्रिया.[View all order & notifications]

Part IV of the pass and the certificate shall be sent along with the consignment while in transit and shall be produced for inspection on demand made by any Prohibition and Excise Officer or Police Officer not below the rank of a Sub Inspector or any Revenue Officer not below the rank of an Aval Karkun.

8 Timely intimation of arrival of consignment to be given to inspecting and examining officers तपासणी करणार्‍या अधिकार्‍यांना खेप आल्याची सूचना वेळेवर देणे.[View all order & notifications]

The importer or his agent shall to the inspecting and examining officers named in the pass at least there day’s previous intimation of the date and hour when the consignment will be ready for inspection or examination, as the case may be, at the places appointed for the purpose and shown in the pass. On receipt of such intimation, the officer concerned shall proceed himself or depute another officer to proceed to the place appointed for inspection or examination, as the case may be, to inspect or examine the consignment. The inspection and examination shall be made in accordance with the procedure prescribed in rules 9 and 10 respectively.

9 Inspection of consignment enroute वाटेत मालाची तपासणी.[View all order & notifications]

On arrival of the consignment at the appointed place of inspection, the importer shall produce Part IV of the pass and the certificate before the inspecting officer named in the pass. The inspecting officer shall compare the number, marks and other particulars on each receptacle or package forming part of the consignment with those shown in the certificate issued by Excise Officer at the exporting place, and in the Railway receipt in the case of consignment sent by rail, and satisfy himself that the seals on such receptacles or packages are intact and that they have not been tampered with if on inspection any receptacles or package is found to have been tampered with, or otherwise damaged, the inspecting officer shall ask the importer to get in securely packed in his presence and after this has been done, the inspecting officer shall re-seal such receptacle or package with his own seal and allow the consignment to proceed, after making necessary remarks on the pass and the certificate and noting thereon the impression of the seal with which such receptacle or package has been re-sealed by him. He shall then hand over to the importer Part IV of the pass and the certificate.

10 Examination of consignment at place of import आयातीच्या ठिकाणी मालाची तपासणी.[View all order & notifications]

(1)

The importer shall, on arrival of the consignment at the place appointed for its examination and shown in the pass, produce Part IV of the pass and the certificate before the examining officer named in the pass. The examining officer shall examine the consignment and satisfy himself that—

(a) The numbers, marks and other particulars shown on each receptacle or package forming part of the consignment tally with those shown in the certificate issued by the Excise Officer at the exporting place and the note made by the inspecting officer ;

(b) The seals on each such receptacle or package are intact and that they have not been tampered with in transit ; and

(2)

If the examining officer finds on examination of the consignment under sub rule (1) that the consignment does not tally with the details of the spirituous preparation given in Part IV of the pass and the certificate, the examining officers shall not release the consignment but report the facts to his immediate superior and act according to his orders.

11 Drawing of samples and their disposal नमुने काढणे आणि त्यांची विल्हेवाट लावणे.[View all order & notifications]

The following procedure shall be observed in drawing samples and sending them either to the Director, Forensic Science Laboratory and Chemical Analyzer to Government or the Director. Haffkine Institute, Bombay, for the purpose of analysis, as the Collector may direct, that is to say :-

(a) Two samples shall be drawn from each spirituous preparation, free of cost ;

(b) A sample shall be not less than four fluid ounces ;

(c) Each bottle of sample shall be properly corked and sealed with the examining officers seal and labelled as shown in the astric margin.

*No. of Import Pass ..................................................................

Date of Import Pass ...................................................................

The name of spirituous prepatation ............................................

No. and date of forwariding letter ................................................

(d) The sample shall be drawn and sealed in the presence of the importer or his agent ;

(e) The duplicate samples shall be kept under lock until such time as the result of analysis has been received provided that they may forwarded to the Director, Forensic Science Laboratory and Chemical Analyzer to Government or the Director, Haffkine Institute, Bombay, as the case may be, if he requires them for replacing the samples sent to him or for further analysis. The duplicate samples, when no longer required, shall be returned to the importer or his agent.

12 Release of consignment after examination माल काढण्याची परवानगी देणे.[View all order & notifications]

The examining officer shall note the result of his examination under rule 10 on the reverse of Part IV of the pass and on the certificate. He shall then allow the consignment to be removed if he is satisfied that the consignment tallies in all respects with the details of the spirituous preparation given in Part IV of pass and the certificate.

13 Importer to bear all costs and risks of conveyance आयातदार सर्व खर्च आणि वाहतुकीचे जोखीम सहन करेल.[View all order & notifications]

The cost of conveying the consignment of the spirituous preparation to the place of import and all risks incidental to such conveyance shall be borne by the importer.

14 Exporter to obtain a permit from the Excise Officer at the importing place निर्यातदाराने आयातीच्या ठिकाणी उत्पादन शुल्क अधिकाऱ्याकडून परवानगी घेणे.[View all order & notifications]

Any person who holds a license or permit under the Act for the sale or possession of spirituous preparation or is permitted to possess or sell spirituous preparation under the Act and who desires to export any spirituous preparation (hereinafter referred to as “exporter”) to any other part of India shall first obtain a permit or No-objection certificate from the Collector or the Excise Officer at the importing place authorizing him to export such spirituous preparation to that place.

15 Application for Export Pass निर्यात पाससाठी अर्ज.[View all order & notifications]

On receipt of such permit, the exporter shall apply in Form S.P./A-2, for an export pass, to the Collector or any other officer duly authorized in this behalf along with the said permit.

16 Issue of Export Pass निर्यात पास जारी करणे.[View all order & notifications]

(1)

On receipt of the application under rule 15, the Collector or the officer authorized in that behalf shall make such inquiries as he may deem necessary, and if he sees no objection grant him an export pass in Form S.P. 2 on payment of a fee of Re. 1

(2)

Every pass granted under this rule shall be in four parts which shall be deal with as under—

PART I shall be retained on the record of the office of the Collector or the Officer granting the pass ;

PART II shall be handed over to the applicant ;

PART III shall be handed over to the applicant who shall send it along with the consignment to the person receiving spirituous preparations at the importing place ;

PART IV shall be sent by post to the Collector or the Excise Officer of the importing place with a request to endorse thereon the quantity of spirituous preparation in Bulk Gallon and Proof Gallon received at the importing place and to return it to the Collector or the Officer who issued the export pass.

17 Removal of spirituous preparation under excise escort मद्यसारयुक्त सिद्धपदार्थाची वाहतूक अबकारी पथरक्षणामध्ये करणे.[View all order & notifications]

Where the spirituous preparation which is to be exported is removed whether wholly or partly by road through the limits of the State of Maharashtra, the holder of the pass shall, on being required by the Collector or the aforesaid officer so to do, remove such spirituous preparation through such limits under excise escort and shall pay in advance the cost of the escort fixed by the Collector or the aforesaid officer in this behalf.

18 Exporter to obtain Certificate-2 and deliver it to Collector or officer issuing Pass निर्यातदाराने प्रमाणपत्र-2 मिळवावे आणि ते जिल्हाधिकारी किंवा पास जारी करणार्‍या अधिकाऱ्याला द्यावे.[View all order & notifications]

The exporter shall, on the consignment of the spirituous preparations reaching its destination, obtain a certificate in Form “Certificate-2”, annexed to Part II of the pass from the Excise Officer at the importing place and deliver it immediately to the Collector or officer who issued the pass

19 General संकीर्ण.[View all order & notifications]

Notwithstanding anything contained in these Rules, no pass under these rules shall be necessary for the import or export of any spirituous preparation which is imported or exported under an import or export license granted under the Bombay Spirituous Preparations (Inter-State Trade and Commerce) Control Rules, 1955.