THE BOMBAY DENATURED SPIRIT RULES, 1959

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G. N., R.D., NO. DNS. 1057/31550, dated 14th March, 1959

In exercise of the powers conferred by section 143 of the Bombay Prohibition Act, 1949 (Bom, XXV of 1949), and in supersection of all the notifications in so far as they relate to the import, export, transport, sale, use or possession of denatured spirit, the Government of Bombay hereby makes the following Rules, namely :

1 Short Title and Extent शीर्षक आणि व्याप्ती.[View all order & notifications]

(1)

These rules may be called the Bombay Denatured Spirit Rules, 1959

1[(2)

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

2 Definitions व्याख्या.[View all order & notifications]

In these Rules, unless there is anything repugnant to the subject or contexth—

(1)

“Act” means the Bombay Prohibition Act, 1949 ;

2[(1a)

“bottle” for the purpose of these Rules means a bottle having a capacity of 650 mililiters of any liquid ;]

(2)

“denatured spirti” means rectified spirit denatured in accordance with the 3[process described in the Form D.S.I,];

(3)

“Form” means a form appended to these Rules ;

(4)

“household” means a group of persons residing and messing jointly as the member of one domestic unit ;

(5)

“licence” means a licence granted under these Rules ;

(6)

“licensed premises” means premises in respect of which a license or a permit has been granted under these Rules ;

(7)

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

4, 8[(8)

“Ordinary Denatured Spirit” Means Spirit, 100 liters of which consist of 99.75 liters of Rectified Spirit, 0.25 liters of Pyridine Bases, 1/2 gm (5 particle per million) of Crystal Violet & 5 gms of (50 particles per million) of Denatonium Saccharide or Denatonium Benzoate mixed according to the process described by the Commissioner, under condition 6 of the license in Form DS-I.

(9)

“pass” means a pass granted under these rules ;

(10)

“permit” means a permit granted under these rules ;

(11)

“permit-holder” means a person who has been granted a permit under these rules ;

(12)

5 * * * * *

(13)

“retail licensees” means a person holding a licence under rule 35;

6 [(13a)

“specially denatured spirit” means spirit denatured according to the process described in condition 6 in Form D.S.I. by adding any denaturant(s) in any proportion(s) [other than the proportion(s) used in the ordinary denatured spirit [as approved by the Commissioner from time to time;]

7[(14)

“spirit” means rectified spirit of not less than 66 O.P. strength, and includes absolute alcohol ;]

(15)

“Superintendent” means a Superintendent of 10[State] Excise and 9 [Inspector] means 9 [Inspector] of 10[State] Excise ;

(16)

“wholesale licensee” means a person holding a licence under rule 33;

(17)

“warehouse” means any part or parts of a Government or licensed distillery or bonded warehouse which the Commissioner may appoint as a place for the receipt, storage or denaturation of spirit and for storage and issue of denatured spirit therefrom;

(18)

“wholesale sale” means sale to retail or wholesale licensees and includes sale to persons holding licenses in Form D.S. IV, 1 [D.S.V. appended to these rules or D.S.P. I appended to the Maharashtra Denatured Spirituous Preparations Rules, 1963] in quantities not less than 1 [five liters] at a time ;

(19)

The expressions “ordinary denatured spirit”, “methylated industrial denatured spirit” and “special industrial denatured spirit” means ordinary denatured spirit, methylated industrial denatured spirit and special industrial denatured spirit manufactured in accordance with the process prescribed by regulations made in that behalf by the Commissioner under the Act.

3 Prohibition to Denaturing Spirit मद्यार्क विप्रकृत करण्यास मनाई.[View all order & notifications]

No person shall denature spirit except under a licence under these rules and in accordance with the process 1[prescribed by the State Government in that behalf.]

4 Application for licence परवान्याकरिता अर्ज.[View all order & notifications]

Any person desiring to denature spirit 2 [manufactured or stored] by him under bond and sell such spirit shall apply to the Commissioner for a license for the denaturation of spirit and sale thereof. The application 3 [shall be accompanied by a challan evidencing payment of a fee of one hundred rupees for such application and] shall contain the following particulars, namely ;

(1) Name and address of the applicant.

(2) Place where spirit will be stored.

(3) Place where spirit is to be denatured.

(4) Number and date of license for manufacturing spirit.

5 Grant of Licence परवाना देणे.[View all order & notifications]

On receipt of the application under rule 4, the Commissioner may make such inquiries as he may deem necessary and if he is satisfied that there is no objection to grant the licence applied for, he may grant to the applicant a licence in Form D.S.I on payment of a 1[fee (inclusive of consideration) of 5[Rs. 2000 for one year]

5A Existing license-holders.[View all order & notifications]

On the commencement of the Bombay Denatured Spirit (Amendment) Rules, 1988, a license granted under rule 5 for a period of five years prior to such commencement, the period of which does not expire on the 31st March 1988, shall be deemed to have come to an end on the 31st March 1988 and it shall further be deemed to be a fresh annual license granted with effect from 1st April 1988, in terms of the said amendment rules :

Provided that a holder of such license shall—

(i) Within a period of two months from such commencement be required to pay the difference, if any, in license fee, in proportion to the license fees already paid by him under rule 5 as it stood prior to such commencement and the license fees payable in terms of the said amendment rules ;

(ii) be given credit for the license fee paid by him under the said rule 5 as it stood prior to such commencement and be entitled to refund, if any, due in proportion to the unexpired period of the license and the license fees payable under the amended provisions, which shall be paid to him within a period of two months.

Explanation—For determining the “difference, if any, in license fee payable in terms of the said amendment rules”, “credit” to be given and “refund if any due” mentioned in clauses (i) and (ii) above respectively, the following method shall be adopted ;

The license fee paid under rule 5 as it stood before the commencement of the Bombay Denatured Spirit (Amendment) Rules, 1988, being the fee for a total period of five years, a sum calculated by multiplying the number of complete years of unexpired portion of the period of license as on the 31st March 1988 by an amount equal to one fifth of the total amount of license fee already so paid shall be treated as at the credit of such licenseholder. If this amount is less than the annual fee as prescribed in the said amendment rules, the licensee shall have to pay the difference between the amount at his credit and the amount payable under the amendment rules. If the amount at the credit of licensee is more than the annual fee prescribed under the said amendments rules, the licensee shall be entitled to a refund of the differential amount :

Provided further that, where a license-holder fails to pay the difference, if any, in the license fee payable in terms of the said amendment rules within a period of two months from the commencement of the said amendment rules, his license shall be treated as cancelled.]

6 Renewal Of licence परवान्याचे नूतनीकरण.[View all order & notifications]

A licence granted under rule 5 may be renewed on payment of an application fee of Rs. 25 and renewal fee, same as prescribed in rule 5 for a period not exceeding one year at a time,bu not beyond 31 st day of March next following the date of commencement of the licence.]

6A Existing renewals विद्यमान नूतनीकरण.[View all order & notifications]

On the commencement of the Bombay Denatured Spirit (Amendment) Rules, 1988, a renewal of a license, granted under rule 6 for a period of five years prior to such commencement, the period of which does not expire on the 31st March 1988 shall be deemed to have come to an end on the 31st March 1988 and it shall further be deemed to be a fresh annual renewal granted with effect from the 1st April 1988 in terms of the said amendment rules :

Provided that a holder of such renewed license shall—

(i) within a period of two months from such commencement be required to pay the difference if any, in the renewal fee, in proportion to the renewal fee already paid by him under the rule 6 as it stood prior to such commencement and the renewal fees payable in terms of the said amendment rules ;

(ii) be given credit for the renewal fee paid by him under the said rule 6 as it stood prior to such commencement and be entitled to refund, if any, due in proportion to the unexpired period of license and the renewal fees payable under the amended provisions, which shall be paid to him within a period of two months.

Explanation—For the purpose of determining the amount of difference, credit or refund referred in clauses (i) and (ii) above, the method prescribed in the Explanation below first proviso to rule 5A shall be followed.

7 Bond बंधपत्र.[View all order & notifications]

No licence under rule 5 shall be granted to any applicant, unless he has executed a bond in Form ‘A’ for the amount of Rs. 1,000 for the due observance of the conditions of the licence and of the rules, regulations and orders made under the Act.

8 Obtaining Spirit मद्यार्क प्राप्त करणे.[View all order & notifications]

The licensee shall not obtain the spirit required by him for denaturation from any place except from the warehouse.

9 Permission for Removal of Spirit मद्यार्क काढण्याची परवानगी.[View all order & notifications]

The licensee shall not remove any spirit from the warehouse of denaturation except with the written permission of the Officer-in-charge of the warehouse.

9A Approval Of Denaturant विप्रकृत करणाऱ्या घटकास मान्यता.[View all order & notifications]

No denaturant shall be added to or mixed with spirit unless such denaturant is approved by the Officer-in charge, Industrial Research Laboratory, Poona or Industrial Research Laboratory, Matunga, Bombay.] 7[or of any other laboratory notified in this behalf by Government from time to time in the official Gazette or the Director, Haffkine Institute for Training, Research Testing Bombay or Director, Vasantdada Sugar Institute, Pune]

10 Appointment of Authorized person अधिकृत व्यक्तीची नियुक्ती.[View all order & notifications]

The licensee shall not absent himself at any time from the licensed premises unless he appoints a person, approved in writing in this behalf by the Commissioner, to act on his behalf during his absence and furnishes such person with a power-of-attorney authorising him to act on his behalf in all matters relating to the licence granted under rule 5.

11 Supply of Power-of-attorney copy to Officer-in-charge of the warehouse गोदामाच्या प्रभारी अधिकाऱ्याला मुखत्यारपत्राची प्रत पुरवणे.[View all order & notifications]

The licensee shall give a copy of the power-of-attorney to the Officer-in-charge of the warehouse.

12 Duty on any Loss of Spirit मद्यार्काच्या कोणत्याही हानीवर शुल्क भरणे.[View all order & notifications]

The licensee shall be liable to pay duty in respect of any loss of spirit due to leakage or otherwise if such loss is in the opinion of the Commissioner excessive and has not been satisfactorily explained to him by the licensee.

13 Taking Samples of the spirit मद्यार्काचे नमुने घेणे.[View all order & notifications]

(1)

The Commissioner, the Officer-in-charge of the warehouse or any officer deputed by the Commissioner in that behalf may at any time take samples of the spirit, denatured spirit or denaturants used by the licensee for analysis free of cost and send them to the 3 [Officer-in-charge of the Industrial Research Laboratory, Poona or of the Industrial Research Labortory, Matunga, Bombay], 8[or of any other laboratory notified under rule 9A by Government, from time to time, or Director, Haffkine Institute for Training, Research and Testing, Bombay or Director, Vasantdada Sugar Institute, Pune] for analysis.

(2)

If 3 [the Officer-in-charge] 8 [for the Commissioner as the case may be,] certifies that the spirit is insufficiently denatured, the licensee shall denature the spirit again by adding such more denaturants as are necessary and send it to 3 [the Officer-in-charge] 8 [or the Commissioner] for examination through the Officer-in-charge of the warehouse and obtain a certificate from 3 [the Officer-in-charge] 8 [or the Commissioner] that the spirit has been satisfactorily denatured.

(3)

Where 3 [the officer-in-charge] 8 [or the Commissioner as the case may be] reports that the spirit cannot be certified as being satisfactorily denatured, the denatured spirit shall be dealt with according to the orders of the Commissioner.

14 Manufacture spirit of any kind other than Ordinary Denatured Spirit सामान्य विप्रकृत मद्यार्कव्यतिरिक्त इतर मद्यार्क तयार करणे.[View all order & notifications]

(1)

The licensee shall not manufacture spirit of any kind other than ordinary denatured spirit :

Provided that the licensee may, with the permission of the Commissioner, manufacture 1 [specially denatured spirit].

(2)

If the licensee is permitted to manufacture special industrial denatured spirit under the proviso to sub-rule (1), the Commissioner shall make an endorsement to that effect on the license

15 Quantity of ordinary denatured spirit to be manufacture उत्पादनासाठी सामान्य विकृत मद्यार्काचे प्रमाण.[View all order & notifications]

Except with the permission of the 2[Collector] the licensee shall not manufacture at any one time less than 1[2,000 bulk litres] of ordinary denatured spirit.

16 Working Day and Hour for business of denatured spirit विप्रकृत मद्यार्काच्या व्यवसायासाठी कामकाजाचा दिवस आणि तास.[View all order & notifications]

Except with the permission of the 2[Collector] the lecensee shall not transact any business of denatured spirit on a Sunday or a public holiday and on any other day 1[except between the hours of 8 a.m. and 12 noon and 1.30 p.m. and 5.30 p.m.].

17 Measures for sale of Denatured Spirit विप्रकृत मद्यार्काच्या विक्रीसाठी वजन व मापे.[View all order & notifications]

(1)

The licensee shall not sell any denatured spirit except by means of measures.

(2)

The licensee shall provide such measures in his lecensed premises as may be approved by the Commissioner.

18 Maintenance Accounts and Monthly Returns हिशोब ठेवणे आणि मासिक अहवाल.[View all order & notifications]

(1)

The licensee shall maintain accounts and submit returns as provided in sub-rule (3). The accounts shall be producted by the licensee on demand for inspection by the Commissioner or any other officer empowered under clause (a) of section 77 or section 122 of the Act.

(2)

The accounts and monthly returns in respect of a license for the denaturation of Indian-made rectified spirit including absolute alcohol under bond and for the sale of denatured spirit from the warehouse shall be maintained by the officer-in-charge of the warehouse and shall be initialled by the holder of the said license in token of having verified them.

(3)

The accounts shall be maintained in the following forms, namely :

(a) Register of rectified spirit received under bond shall be in Form D.S. XII.

(b) Vat account of rectified spirit shall be in Form D. S. XIII.

(d) Register of denaturation operations shall be in Form D. S. XV.

(e) Vat account of denatured spirit shall be in Form D. S. XVI.

(f) Stock account of denatured spirit shall be in Form D. S. XVII.

(g) Register of issues of denatured spirit to shops or manufactories shall be in Form D. S. XVIII

(4)

The monthly returnes shall be furnished to the Commissioner by the 7th of each month in Form D.S. X XIX. (Stock account of rectified spirit intended for denaturation) and Form D.S.XX (Stock account of denatured spirit).

(5)

The accounts of rectified spirit and the two classes of denatured spirit, namely, (a) ordinary denatured spirit and (b) specially denatured spirit shall be kept separately.

(6)

On the arrival of the consignment of rectified spirit at a warehouse the officer-incharge of the warehouse shall full in columns 1 to 8 of the register in Form D.S. XII copying the necessary particulars from the pass accompaning the spirit. After examining the seals of the casks, he shall ascertain and enter in the appropriate column of the register in Form D.S. XII, the quantity and the strength of the each cask. The Proof litres shall then be calculated for each cask, and the deficiency or increase in proof litres in transit, as the case may be, shall be entered in the register.

(7)

In the case of spirit transferred from the warehouse spirit store to the denaturing room, the spirit transferred shall be shown as “issued under bond” in the warehouse spirit stock account (Register in Form D. S. XXI) issue register (Register in Form D. S. XXII) and vat account register (Register in Form D. S. XXIII). The particular required in the Register in Form D. S. XII shall then be entered from the warehouse issue register (Register in Form XXII), the quantity issued being accepted as received without loss.

(8)

On receipt of a requisition to issue denatured spirit, the officer-in-charge of the warehouse shall enter it in the register of issue in Form D. S. XVIII. He shall then have the spirit to be removed drawn from the storage vat in his presence and that of the licensee or his agent, and shall examine, gauge and test it. Columns 5 to 15 of the aid Register in form D.S.XVIII shall then be completed. The officer-in-charge shall then complete and sign the pass and hand it over to the licensee or his agent.]

19 Nokarnama नोकरनामा.[View all order & notifications]

(1)

The licensee shall employ at the warehouse in which operations for denaturing spirit are carried on such persons as may be approved by the officer-in-charge of the warehouse and shall issue to each such person a nokarnama or certificate of appointment countersigned in token of approval by such officer.

(2)

The licensee shall remove any such person forthwith if in the opinion of the Superintendent or the District Inspector, as the case may be, it is not desirable to continue such person in the employ of the licensee.

(3)

The licensee shall not give nokarnama to any person under the age of 21 years.

(4)

For every nokarnama issued by the licensee he shall pay a fee of Re. 1.

20 Prohibition to sell, transfer or sub-let the privileges of denaturation and sale विप्रकृतीकरण आणि विक्रीचे विशेषाधिकार विकण्यास, हस्तांतरित करण्यास किंवा भाड्याने देण्यास मनाई.[View all order & notifications]

The licensee shall not sell, transfer or sub-let the privileges of denaturation and sale granted to him by the licence nor shall be in connection with the exercise of the said rights enter into any agreement or arrangement which in the opinion of the Commissioner is of the nature of a sub-lease.

21 Addition of partner भागीदार घेणे.[View all order & notifications]

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

22 Licensee to abide by Act, Rules, orders etc. कायदा, नियम,आदेश इत्यादींचे पालन करण्यासाठी परवानाधारक बांधील असणे.[View all order & notifications]

(1)

The licensee shall obey all orders from time to time by the Superintendent, the Collector or the Commissioner.

(2)

The licensee shall abide by the conditions of the license, the provisions of the Act and the rules, regulations and orders made thereunder.

23 licences for possession and use of ordinary denatured spirit सामान्य विप्रकृत मद्यार्काचा वापर व बाळगणे करिता परवाना.[View all order & notifications]

The permit and licences of the following kind for the possession and use of ordinary denatured spirit may be granted under these Rules, namely,–

1 (1) * * * *

(2) Licence for medical purpose of registered medical practioners,

(3) Licence for medical, scientific and educational purposes.

(4) Licence for the purposes of any art, industry or profession.

24 वगळण्यात आले.[View all order & notifications]

[deleted]

25 Licence for medical purpopses or registered medical practitioners वैद्यकीय उद्देश किंवा नोंदणीकृत वैद्यकीय व्यावसायिकांसाठी परवाना.[View all order & notifications]

(1)

Any registered medical practitioner desiring to use ordinary denatured spirit for medical purposes may apply to the 7 [Inspector of State Excise of the area] as the case may be, for a licence in that behalf. The application shall contain the following particulars, namely : (i) The name and address of the applicant ;

(ii) Place where the ordinary denatured spirit will be kept and used ;

(iii) Quantity or ordinary denatured spirit to be used per month ;

3 [(iv) Registration number or serial number of the applicant on the register or list maintained under any law for the time being in force in any part of the State relating to medical practitioners, dentists or veterinary practitioners under which the applicant is entitled to practise ;]

(v) Since when the applicant is running the dispensary ;

(vi) What licenses the applicant is holding;]

4 [(vii) Whether the applicant has applied for the said licence in the past and whether it was rejected, and if so, why was it rejected.]

(2)

On receipt of the application under sub-rule (1), 7 [“Inspector of State Excise of the area for a license in Form DS-III”] shall make such inquiries as he may deem necessary and if he is satisfied that there is no objection to grant the licence applied for, he may grant the applicant a licence in Form D.S. III on payment of a fee of 7 [fifty rupees per year, or five hundred rupees for ten years, respectively] and shall also issue a certificate in the form specified in the permit as evidence of the grant of permit.

8 [“Provided that, the Inspector of State Excise of the area for a licence in Form DSIII may grant a licence in Form DS-III for use of specially denatured spirit after obtaining prior permission of the Commissioner.”]

(3)

No licence under sub-rule (2) shall be granted for a quantity exceeding

1[2[fifteen] bottles per month] in so far as it relates to the use of ordinary denatured spirit.

(4)

The licensee shall use the ordinary denatured spirit purchased by him under the

licence solely for medical use and he shall not use it for any other purpose.

(5)

The licensee shall not allow ordinary denatured spirit possessed by him under the licence to be used except in his own presence or in the presence of a person authorised by him in writing in that behalf.

(6)

The privileges of purchase, transport and possession of ordinary denatured spirit granted under the licence shall extend only so far as they are incidental to its use in accordance with these rules and the conditions of the licence.

26 Licence for medical scientific or educational purposes or in any art, industry or profession other than medical profession वैद्यकीय वैज्ञानिक किंवा शैक्षणिक हेतूंसाठी किंवा वैद्यकीय व्यवसायाव्यतिरिक्त कोणत्याही कला, उद्योग किंवा व्यवसायासाठी परवाना.[View all order & notifications]

(1)

Any person desiring to use ordinary denatured spirt for bond fide medical scientific or educational purposes shall apply to the 1 [“Inspector of State Excise of the area for a licence in form DS-IV] in that behalf. The application 2[shall be accompanied by a challan evidencing payment of a fee of five rupees, if the quota applied for exceeds 5000 bulk liters and] shall contain the following particulars, namely ;

(i) Name and address of the applicant with his designation;

(ii) Purpose for which ordinary denatured spirit is required to be used;

(iii) Quantity of ordinary denatured spirit to be used per month;

(iv) Whether the ordinary denatured spirit is required for the applicant’s—

(a) dispensary, clinic, hospital or dispensing home, or 1 [the premises where the applicant desires to cruduct social service activities such as the com blood donation camp or singier like purpose or a specified any orders, or]

(b) laboratory, museum, or rescarch institution, or

(v) whether the applicant’s insitution is a Government, Municipal or 3 [Zilla Parishad] Institution ;

(vi) Place where the ordinary denatured spirit will be kept and used ;

4 [(vii) If the applicant is a registered medical practitioner, the registration number or serial number of the applicant on the register or list maintained under any law for the time being in force in any part of the State relating to medical practitioners,dentists or veterinary practitioners, under which the applicant is entitled to practise;]

(viii) An undertaking in writing to the effect that the appllicant will abide by the provisions of the Bombay Prohibition Act, 1949 and the rules, regulations and orders made thereunder and the conditions of the licence applied for.

(2)

Any person desiring to use ordinary denatured spirit in any art, industry 5 [(not being an industry engaged in manufacturing denatured spirtituous preparations)] or profession other than medical profession shall apply to the Superintendent or the District Inspector, as the case may be, for a licence in that behalf. The application 6 [shall be accompanies by a challan evidencing payment of a fee of rupees five, if the quota applied for exceeds 5,000 bulk litres, and] shall contain the following particulars, namely :–

(i) Name and address of the applicant ;

(ii) Purpose for which ordinary denatured spirit is required to be used ;

(iii) Quantity of ordinary denatured spirit to be used per month.

(iv) Whether the ordinary denatured spirit is required by Government in respect of any art, industry 5 [(not being an industry engaged in manufacturing denatured spirituous preparations)] or profession :

(v) Place where the ordinary denatured spirit will be kept and used ;

(vi) An undertaking in writing to the effect that the applicant will abide by the provisions of the Bombay Prohibition Act, 1949 and the rules, regulations and orders made thereunder and the conditions of the licence applied for.

(3)

On receipt of an application under sub-rule (1) or (2) 1 [Inspector of the area for a licence in form D.S. III or D.S. IV or] the Superintendent or the District Inspector, as the case may be, shall make such inquiries for verification of the particulars given in the application as he deems necessary and if he is satisfied that there is no objection to grant the licence 1 [the Inspector of the area] applied for, the Superintendent may grant a licence in Form D.S. IV or D.S.V., respectively, as the case may be, on payment of 1, 2, 3[a fee of Rs. 25 per annum for a specified day or days, as the case may be, or if the applicant, other than the applicant desiring to possess ordinary denatured spirit for the purposes, such as conduction of eye camp and like purpose, desires to have the licence for a period of ten years, on recovery of Rs. 200 as licence fee for the said period”] a licence in Form D.S.IV and according to 2 [the following scale of fees per annum] for a licence in Form D.S.V, namely];

4 [(A) Where the total quantity allowed per month,for any industry (not being an industry engaged in manufacturing denatured spirituous preparations) or art or profession (business) :

3 [(i) does not exceed two bottles . . . . . . . . 2

(ii) exceeds two bottles but does not exceed 2,500 litres . . 50

(iii) exceeds 2,500 litres . . . . . . . . 1,000]

(B) In respect of any art or indusry (not being an industry engaged in manufacturing denatured spirituous preparations), undertaken by colleges, educational institutions, museums and other institutions–Re. 1.

(C) In respect of any two or all the purpose referred to in clause (A) or (B) the fee prescribed under clause (A) or clause (B), whichever is greater.]

(4)

No Superintendent shall grant a licence in respect of a quantity exceeding 2 [25 litres] per month and no District Inspector shall grant licence ; Provided that the Superintendents of 1 [State] Excise, Bombay 4* and Poona Divisions, may grant a licence in respect of any quantity not exceeding 2[50 litres] per month :

Provided further that if any Superintendent is of opinion that the applicant should be granted a licence for a quanity execeding 2 [25 litres] or 2 [50 litres] per month, as the case may be, or the Distirct Inspector is of opinion that the applicant should be granted the licence applied for, he shall forward the application and the papers of inquiry with his recommendation thereon to the Collector who may grant the applicant a licence in Form D.S. IV or D.S.V. as the case may be, for such quantity as he deems fit on payment of the fee prescribed in sub-rule (3);

4 [Provided also that, where the quantity of denatured spirit to be stored exceeds 50 litres, the applicant shall produce a certificate from the authorities concerned (e.g. Municipal or such other local authorities) that the premises where denatured spirit is to be stored are fire-proof, within a period of three months from the date of communication made to him in respect of the decision to grant him a licence in Form D.S. IV or D.S. V as the case may be.]

]Whenever a licence in Form D.S. IV is granted, the authority granting the licence shall issue a certificate in the form specified in the permit as evidence of the grant of the permit.

1 [(5)

No licence shall be granted under this rule to any applicant, unless the applicant has executed a bond in Form B :

Provided that, no execution of such bond shall be neccessary in case of—

(a) applicants requiring ordinary denatured spirit on behalf of Government Institutions ;

(b) (i) registered medical practitioners in-charge of hospitals or clinics or both approved by the Surgeon-General with the Government of Maharashtra ;

(ii) Municipal or Zilla Parishad Institutions ;

(iii) Educational institutions approved by the Director of Education, Maharashtra State, in this behalf ; or by the Educational Inspectors or Inspectresses of Girl’s Schools, as the case may be, in this behalf, requiring ordinary denatured spirit in quantites not exceeding 25 litres per month ;

1 [(6)

Subject to the provisions of sub-rule (5), the applicant shall execute a bond for an amount of—

(i) Rs. 100, if the quanntity of denatured spirit to be used by him exceeeds five litres but does not exceed twenty-five litres per month, and

(ii) Rs. 1000, if the quantity exceeds twenty-five litres per month.]

2 [“(7)

A holder of a licence in Form DS-IV may transport any quantity of denatured spirit possessed by him under the licence to any place where activites such as eye camp, blood donation camp or like purposes or examination or analysis or preservative purposes, which are conducted temporarily for a period not exceeding seven days for its medical or educational use there at,”]

27 Licence for the purpose other than stated in rule no. 25,26 नियम क्र. २५ व २६ मध्ये नमूद कारणाशिवाय इतर कारणाकरिता परवाना.[View all order & notifications]

(2)

The provisions of rules 25 and 26 shall, so far as may be, apply in respect of a licence granted under sub-rule (1) and the Form D.S. III, D.S. IV or D.S. V, as the case may be, shall be adapted suitably.

(1)

Notwithstanding anything contained in rules 25 and 26–

(i) a licence in Form D.S. III or D.S. IV for 1 [specially denatured spirit.] or

(ii) a licence in Form D.S. V for 1 [specially denatured spirit,] required for use for any of the following purposes,namely :—

(I) for the manufacture of—

(a) sulphuric ether,

(b) ethyl chloride,

(d) ethyl bromide,

(e) chloroform, or

(f) hydrate or chloral ; or

(II) for the preparation of the following liniments :—

(a) aconite,

(b) belladona,

(d) ammoniated camphor,

(e) iodine (B.P. 1885),

(f) mustard, or

(g) soap liniment of the British Pharmacopocia, or

(h) such other preparations as the Commissioner may, from time to time, permit in writing in that behalf,

may with the permission of the Commissioner be granted 1 [on payment of an annul fee] 2 [as prescribed below :] Rs.

3 [(a) when the total quantity allowed does not exceed two bottle Rs.. 5

(b) exceeds two bottles but does not exceed 100 bulk litres per annum Rs..25

d) exceeds 5,000 bulk litres but does not exceed 50,000 bulk litres per annum. Rs..500

(e) exceeds 50,000 bulk litres but does not exceed 1,00,000 bulk litres per annum. Rs..1,000

(f) exceeds 1,00,000 bulk litres but does not exceed 5,00,000 bulk litres per annum. Rs..5,000

(g) exceeds 5,00,000 bulk litres but does not exceed 25,00,000 bulk litres per annum. RS........10,000

(h) exceeds 25,00,000 bulk litres but does not exceed 50,00,000 bulk litres per annum. Rs....25,000

(i) exceeds 50,00,000 bulk litres but does not exceed 1,00,00,000 bulk litres per annum. Rs...50,000

(j) exceeds 1,00,00,000 bulk litres per annum. Rs...75,000”]

28 Renewal of l icence परवान्याचे नूतनीकरण.[View all order & notifications]

No 3 [ ] licence in Form D.S. III, D.S. IV or D.S. V shall be granted for a period beyond 31st March next following the date of the commencement of the permit or licence, as the case may be :

4 [ Provided that—

(i) 5 [ ]

(ii) a licence in Form D.S. III or D.S. IV 1 [and] 1

[(iii) a licence in Form D.S.V for specially denatured spirit,] may be granted or renewed, for a period not exceeding 1 [ten years at a time except a license in form D.S.V which may be granted or renewed for a period of three years] but not beyond the 31st day of March 1 [of the tenth years except a license in a form D.S.V] from the date of commencement of 2 [ ]licence, on payment of 3 [a fee prescribed under rules 2 [ ]25, 26 or 27 per annum] as the case may be, if the permit holder or licensee gives an undertaking to the effect that he shall abide by the conditions of the permit or licence which may be imposed by the State Government during its currency.

Explanation.—For the purpose of charging the fee, the fraction of a year shall be reckoned as one complete yerar.]

29 Licensed shop to be open for inspection of officers and abide by all provisions and orders परवानाप्राप्त दुकान अधिका-यांच्या तपासणीसाठी उघडावे आणि परवानाधारकाने सर्व तरतुदी आणि आदेशांचे पालन करावे.[View all order & notifications]

Every person holding a permit in 2[ ] any of the licences referred to in rule 28—

(1)

shall allow every officer empowered under section 77(a) of the Act to inspect his permit or licence, as the case may be, the stock of denatured spirit held by him, the licensed permises where it is kept and the accounts and passes in respect of denatured spirit at all reasonable hours ;

(2)

shall abide by the provisions of the Act, and the rules, regulations and orders made thereunder ;

(3)

shall comply with all lawful orders issued by the Commissioner, Collector, Superintendent or the District Inspector of State Excise, as the case may be, from time to time.

30 Maintainance of accounts by A person holding a licence in Form D.S.V फॉर्म डीएस ५ मध्ये परवाना धारण केलेल्या व्यक्तीद्वारे नोंदवह्या ठेवणे.[View all order & notifications]

4[(1)

A person holding a licence in Form D.S.V shall maintain accounts in Form D.S. XXIV and shall furnish returns in Form D.S. XXV to the District State Excise Officer not later than the 7th of every month.]

(2)

The stock of all articles prepared out of the denatured spirit and the accounts thereof maintained by such licensee and the customs documents, if any, shall on demand, be open to inspection by an officer empowered under section 77(a) of the Act.

(3)

The licensee shall maintain a visit book on his premises for the use of the inspecting officer. The book shall be duly paged and sealed with the seal of the Collector/Superintendent/District Inspector, as the case may be.

(4)

4* * *

31 Prohibition to sell denatured spirit without a licence परवान्याशिवाय विप्रकृत मद्यार्क विकण्यास मनाई.[View all order & notifications]

Except as permitted under a licence in Form D.S.I, granted under rule 5, no person shall sell denatured spirit without a licence in Form D.S. VI or D.S. VII.

32 Application for wholesale of ordinary denatured spirit सामान्य विप्रकृत मद्यार्काचे घाऊक विक्रीसाठीच्या परवान्याकरिता अर्ज.[View all order & notifications]

Any person dcsiring to sell ordinary denatured spirit by wholesale shall apply to the Collector for a licence in that behalf. The application 3 [shall be accompanied by a challan evidencing payment of a fee of rupees ten and] shall contian the following particulars :

(1) Name and address of the applicant.

(2) Place where the applicant’s shop for selling ordinary denatured spirit is situated.

(3) Whether ordinary denatured spirit was sold in the past at the above place and the period during which it was sold.

(4) Wherter the applicant held any licence for the wholesale sale of denatured spirit in the past and if so, the period during which it was held.

(5) Whether the applicant holds any other licences for wholesale sale or retail sale of denatured spirit or for manufacture of French polish, varnish or other like article.

(6) Quantity of ordinary denatured spirit intended to be sold during the period of the licence.

(7) Average yearly sales in the three years immedately before the date of the application.

(8) Quantity of ordinary denatured spirit intended to be stored at the said place.

(9) 1* * *

(10) An undertaking in writing to the effect that the applicant will abide by the provisions of the Act and the rules, regulations and orders made thereunder and the conditions of the licence applied for.

(11) 1* * *

33 Grant of Licence परवाना देणे.[View all order & notifications]

(1)

On receipt of applicant under rule 32, the Collector shall make such inquiries as he deems necessary, and if he is satisfied, that there is no objection to grant the licence applied for, he shall obtain the previous sanction of the Commissioner for the grant of a licence in Form D.S. VI.

(2)

On receipt of the Commissioner’s sanction, the Collector shall ask the applicant to produce certificate from the authorities concerned (e.g. municipal or such other local authorities) that the a premises where the denatured spirit is to be stored are fire-proof, within a period of three months from the date of communication made to him in respect of the decision to grant him a licence in From D. S. VI.

3 [(3)

If the certificate is produced within a period stipulated in sub-rule (2), the Collector may grant the applicant a licence in Form D. S. VI on payment of an annual fee (inclusive of consideration) of 4 [Rs. 7,500.]

34 Application for Retail sale of ordinary denatured spirit सामान्य विप्रकृत मद्यार्काचे किरकोळ विक्रीसाठीच्या परवान्याकरिता अर्ज.[View all order & notifications]

. Any person desiring to sell ordinary denatured spirit by retail shall apply to the Collector for a licence in that behalf. The application 5 [shall be accompanied by a challan evidencing payment of a fee of rupees ten and] shall contain the following particulars :

(1) Name and address of the applicant.

(2) Place where the applicant’s shop for selling ordinary denatured spirit is situated.

(3) Whether ordinary denatured spirit was sold in the past at the above place and the period during which it was sold.

(4) Whether the applicant held ordinary denatured spirit retail sale licence in the past and the period during which he held it.

(5) Whether the applicant holds any other licences for wholesale sale or retail sale of denatured spirit, or for manufacture of French polish, varnish or other like article.

(6) Quantity of ordinary denatured spirit intended to be sold during the period of the licence.

(7) Average yearly sales in the three years immediately before the date of the application.

(8) Quantity of ordinary denatured spirit intended to be stored at the place.

(9) 1* * * * * *

(10) All undertaking in writing to the effect that the application will abide by the provisions of the Act and the rules, regulations and order made thereunder and the conditions of the licence applied for.

(11) 1* * * * * *

35 Grant of licence परवाना देणे.[View all order & notifications]

On receipt of an application under rule 34, the Collector may make such inquiries as he deems necessary and if he is satisfied that there is no objection to grant the licence applied for, he may 2* * grant the applicant a licence in Form D.S. VII on payment of a 3[fee (inslusive of consideration) of 4[Rs. 500]

5[Provided that where the quantity of denatured spirit to be stored exceeds 50 litres, the applicant produces a certificate from the authority concered (e.g. municiple or such other local authorities) that the premises where denatured spirit, is to be stored are fire proof, within a period of three months from the date of communication made to him in respect of the decision to grant him a licence in Form D.S. VII.]

36 Prohibition to sale ordinary denatured spirit which is not denatured in accordance with the due process विहित प्रक्रियेनुसार विप्रकृत नसलेल्या सामान्य विप्रकृत मद्यार्काची विक्री करण्यास मनाई.[View all order & notifications]

No person holding a licence under rule 33 or 35 shall sell ordinary denatured spirit which is not denatured in accordance with the 6[process prescribed by the State Government] in that behalf or which is less than 60⁰ O.P. in strength.

37 No licence shall granted for a period beyond 31st march ३१ मार्च नंतरच्या कालावधीसाठी कोणताही परवाना दिला जाणार नाही.[View all order & notifications]

No licence under rule 33 or rule 35 shall be granted for a period beyond 31st March next following the date of the commencement of the licence.

38 Places From ordinary denatured spirit shall be obtained by wholesale licensee घाऊक परवाना धारकाने सामान्य विप्रकृत मद्यार्क मिळवण्याची ठिकाणे.[View all order & notifications]

A wholesale licensee shall not obtain his supply or ordinary denatured spirit from any place except from–

(a) an Excise or Customs bonded warehouse under a transport pass, or

(b) a place outside the 3 [State of Maharashtra] under an import pass, or

(c) a licenced manufacturer of ordinary denatured spirit or any other wholesale licensee, on requisition in Form D. S. VIII singned by himself and countersingned by the local State Excise Officer and under cover of a transport pass.

39 Retail licence shall not obtain his supply of ordinary denatured spirit from any place except from a wholesale licence किरकोळ परवाना धारकाने सामान्य विप्रकृत मद्यार्क घाऊक परवाना धारकाव्यतिरिक्त इतर ठिकाणाहून मिळावी नये.[View all order & notifications]

A retail licence shall not obtain his supply of ordinary denatured spirit from any place except from a wholesale licence on requisition in Form D. S. VIII signed by himself and countersigned by the local State Excise Officer and under cover of transport pass.

40 Persons to whom wholesale licensee shall sell ordinary denatured spirit ज्या व्यक्तींना घाऊक परवानाधारक सामान्य विप्रकृत मद्यार्क विकतील.[View all order & notifications]

The wholesale licence shall not sell ordinary denatured spirit to any person except to a person–

(i) holding a licence in Form D. S. VI in quantities not less than 200 litres in bulk at a time or such other quantity as may be fixed by the Commissioner from time to time;

(ii) holding a licence in Form D. S. VII in quantity not less than 7 sealed bottles at a time;

(iii) holding a licence in Form D.S. IV, D. S.V or D.S.P. I granted under the Maharashtra Denatured Spirituous Preparations Rules, 1963 when such licence is granted in respect of a quantity not less than 5 litres in bulk or sealed bottles at a time.]

1 [“[Provided that, the wholesale licensee can sell the Ordinary Denatured Spirit 2 [to the licensee holding licenses in form D.S. III, D. S. IV, D.S.V and D.S. VII under the Bombay Denatured spirit rules, 1959] and to a retail Chemist shop holding the Chemist and Druggist Licence in Form No. 20 or 20 (c) or 21, granted by the Food and Drugs Administration Department under the Drugs and Cosmetics Act, 1940, and the rules made thereunder in the bottle size of 100 ml. and 200 ml. The retail Chemist and Druggist licensee as mentioned hereinabove shall sell the Ordinary Denatured Spirit so obtained, exclusively to the diabetic patients in the bottle size of 100 ml. and/or 200 ml. as prescribed in the medical prescription issued by a registered medical practitioner only, to that extent. The retail Chemist and Druggist licence holder shall maintain the accounts of purchase and sale of Ordinary Denaturned Spirit separately]”.

41 Prohibition to sell ordinary denatured spirit without requisition मागणीपत्राशिवाय सामान्य विप्रकृत मद्यार्क विकण्यास मनाई.[View all order & notifications]

The wholesale licence shall not sell any ordinary denatured spirit except on production by the purchaser of a requisition in Form D.S. VIII duly countersigned by the local Prohibition and Excise Officer wihtin whose jurisdiction the licensed premises of the purchaser are situated and under cover of a transport pass issued by the Prohibition and Excise Officer within whose jurisdiction the licensed premises of the wholesale license are situated :

3[Provided that in the case of a purchaser holding a licence in Form D. S. IV with a montly quota not exceeding 25 litres of ordinary denatured spirit during a month and presenting it to the wholesale licensee, the production of any such requisition or transport pass shall not be necessary. The wholesale licensee shall on each occasion enter in such licence, the details of the sale of the ordinary denatured spirit and sign against such entry.]

1[“[Provided that in the case of purchaser holding 2[a licensee in form D.S. III, D. S. IV, D.S.V and D.S. VII under the Bombay Denatured Spirit Rules, 1959 and purchasing ordinary denatured spirit in bottle size of 100 ml. and 200 ml. only or] a retail Chemist and Druggist Licence in Form No. 20 or 20 (c) or 21, granted by the Food and Drugs Administration Department under the Drugs and Cosmetics Act, 1940, and the rules made thereunder the requistion made by the purchaser in writing to supply of Ordinary Denatured Spirit to the wholesale licensee, in such case the production of any such requisition or transport pass shall not be necessary. The wholesale licensee shall on each occasion enter in such licence, the details of the sale of the ordinary denatured spirit and sign against such entry].”.

42.[View all order & notifications] The wholesale licensee shall not sell ordinary denatured spirit to retail licensces except in sealed 4* * bottles and to other persons except in bulk or sealed bottles in quantities not less than 4[five letres a at a time].

43.[View all order & notifications]

(1)

The retail licensce shall not sell ordinary denatured spirit except–

(a) 5[ ]

(b) to a person holding a licence in Form D. S. III,

(c) to a person holding a licence in Form D.S. IV or D.S. V 6[(or D.S.P. I granted under the Maharashtra Denatured Spirituous Preparations Rules, 1963)] granted in respect of a quantity not exceeding 6 2* bottles per month ;

(d) to a registered medical practitioner holding a licence in Form D. S. IV of a quantity exceeding six 1[* *] bottles.

(2)

The retail lecensee shall not sell denatured spirit to–

(i) any person holding a 2[* * *] licence D. S. III except on the production of such permit or licence, as the case may be :

(ii) any person holding a licence in Form D.S. IV—

3[(a) except on the production of the licence with a monthly quota not exceeding 25 litres of ordinary denatured spirit during a month; and]

(b) in other cases, except on the production by the purchaser of a requisition in Form D. S. VIII duly countersigned by the State Excise Officer within whose jufisdiction the licensed premises of the purchaser are situated and under cover of a transport pass

issued by a State Excise Officer within whose jurisdiction the licensed premises of the retail licensee are situated ;

(iii) any person holding a licence in Form D. S. V 3[(or D.S.P. I granted under the Maharashtra Denatured Spirituous Preparations Rules, 1963)–]

(a) except on production of the licence in cases where the licence is granted for a quantity not exceeding 2 1* bottles per month ; and

(b) in other cases except on the production by the purchaser of a requisition in Form D.S. VIII duly countersigned by the State Excise Officer within whose jurisdiction the licensed premises of the purchaser are situated and a transport pass issued by a State

Excise Officer within whose jurisdiction the licensed premises of the retail licensee are situated.

(3)

The retail licensee shall, on sale of denatured spirit to any person specified in clauses (i), (ii) (a) or (iii)(a) of sub-rule (2), enter in the permit or licence the details of the sale made to such person and sign against such entry.

1* * * * * * *

44.[View all order & notifications]

(1)

Ordinary denatured spirit shall not be sold or exposed for sale by a retail licensee or wholesale licensee except in sealed 1 [* *] bottles, jars, drums or casks, duly labelled in the manner provided in this rule.

(2)

All bottles, jars, drums or casks containing denatured spirit intended for sale shall bear a label printed in red and containing skull and cross-bones and on each of the four sides of the label the words “Poison” “Not to be taken internally” in English and 3 [Marathi].

(3)

The word “Poison” shall appear at the top in red in prominent letters and beneath it shall appear the words “Not to be taken internally” in smaller letters in black. The design and style of the label shall be such as may be approved by the Director.

(4)

Each bottle, jar, drum, cask or receptacle, containing ordinary denatured spirit of Indian manufacturing kept for sale shall be cospicuously labelled or branded with the words “Ordinary denatured spirit manufactured in India”.

45 The wholesale licensee or the retail licensee.[View all order & notifications]

(1)

shall not, except with the written permission of the Collector, keep, sell or expose for sale, spirits, whether or foreign or Indian manufacture of any kind or strength which he is not authorised to sell under this licence ;

(2)

shall not keep his licensed premises or godown open, or sell ordinary denatured spirit therein, before 6 o‘clock a.m. (standard time) and after 9o‘clock p.m. (standard time) ;

(3)

shall carry on the business of selling ordinary denatured spirit either personally or by an agent or servant duly authorised by him in this behalf by a written nokarnama signed by himself and countersigned by a Prohibition Officer not lower in rank than a Sub-Inspector of State Excise, provided that any such nokarnama signed by the licensee shall also be valid unless and until counter-signature is refused. If for any reason the Collector orders the withdrawal of any nokarnama issued by the licensee, the nokarnama shall be forthwith withdrawn. For every nokarnama issued by him the licensee shall pay a fee of Re. 10. No nokarnama shall be issued to any person under twenty-one years of age ;

1 [(4)

shall keep in his licensed premises accounts prescribed under rule 45-A or 45-B as the case may be. The accounts shall be clearly and correctly written up-to-date daily in a bound book, paged and stamped with the seal of the Collector. Tahsildar or Naib-Tahsildar ;]

(5)

shall keep along with the account maintained by him all counterfoils of the requisitions, transport passes and customs documents relating to the ordinary denatured spirit 2 [and preserve them for a period of one year ;]

(6)

shall at all reasonable times keep open the account book, requisitions, passes, customs documents, the licensed premises and the stock of ordinary denatured spirit kept therein for the inspection by the Commissioner, Collector, Superintendent, District Inspector, or any other officer empowered under section 122 of the Act ;

(7)

shall keep a visit book at his licensed premises for the use of the inspecting officers, the book being paged and stamped with the seal of the Superintendent/ Mamlatdar/Tahsildar/Mahalkari ;

(8)

shall not, without the permission of the Collector, sell, transfer or sub-let the privilege of sale granted to him by his licence nor shall he in connection with the exercise of the said right enter into any agreement of arrangement which, in the opinion of the Collector, is of the nature of a sub-lease ;

(9)

shall not admit any persons as his partner for the purpose of the licence unless the partnership has been declared 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 names of the partners in the licence ;

(10)

shall not use denatured spirit in any art or industry or for any other purpose without the permission of the Commissioner ;

(11)

shall abide by the provisions of the Act and the rules, regulations and orders made thereunder and the conditions of his licence ;

(12)

shall comply with all lawful orders issued from time to time by the Commissioner, the Collector or the Superintendent.

45 A.[View all order & notifications]

The wholesale licensee shall maintain accounts of denatured spirit in Form D. S. XXVI. and daily sales register in Form D. S. XXVII. The monthly returns shall be furnished by the licensee to the District State Excise Officer in Form D. S. XXVIII.

45 B.[View all order & notifications]

The retail denatured spirit licensee shall maintain accounts of denatured spirit in Form D. S. XXIX, and daily sales register in Form D. S. XXX. The montly returns shall be furnished by the licensee to the District State Excise Officer in Form D. S. XXXI.]

46.[View all order & notifications] The privileges of purchase and possession of ordinary denatured spirit granted under the licence to the wholesale licensee or the retail licensee shall extent only so far as they are incidental to its sale at the licensed premises.

47.[View all order & notifications] Notwithstanding anything contained in rule 36, the Collector may, with the previous permission of the Commissioner, permit any wholesale licensee 3[or retail licensee] to sell 2[specially denatured spirit] as a special case by making an endorsement to that effect on the licence, and the provisions of rules 38 to 46 and Form D. S. VI, 3[D. S. VII] shall, so far as may be, apply to the sale of such spirit.

48.[View all order & notifications] Except as permitted by his licence or permit, no person shall transport denatured spirit without a pass.

49.[View all order & notifications]

Any person desiring to transport denatured spirit shall apply for a pass in that behalf to the Collector or any other officer authorized to grant such pass. The application shall be in the following form : From

Licence No. .......................

Dated this ..........................

We have to request you to kindly grant us a transport pass to supply ..................... 2[litres] /bottles of ordinary denatured spirit to ........................................................................ ..............................................................at ........................................................... and oblige.

The countersigned requisition is attached hereto.

Thanking you,

Yours faithfully,

50.[View all order & notifications]

If the Collector or the officer authorised to grant such passes, after making such inquiries as he deems necessary, is satisfied that there is no objection to grant the pass applied for, he may grant the applicant a pass in Form D. S. IX. The pass shall be in 4 parts and shall be dealt with as under :

Part I shall be recorded in the office of the State Excise Officer granting the pass.

Part II shall be forwarded to the licence-holder from whom the denatured spirit is to be obtained.

Part III shall be handed over to the transporter to accompany the consignment and shall be recorded in the licensed premises of the purchaser.

Part IV shall be forwarded to the State Excise Officer of the place to which denatured spirit is to be transported :

Provided that no such pass shall be granted for the transport of denatured spirit manufactured or stored in any distillery, bonded warehouse, bonded laboratory or bonded manufactory in the 1 [State of Maharashtra] from such distillery, warehouse laboratory or manufactory for the transport of denatured spirit form any Custom House, at any Port, Land Custom Station or Airport, unless 2 [administrative fee at the rate of 8[Thirty] paise per liter] of denatured spirit to be so transported has been paid by the applicant 3*[ * *]

4* * * * * *

7* * * * * *

50A.[View all order & notifications]

(1)

Where a holder of a license in Form D. S. VI desires to export under claim for refund of transport fee any quantity of ordinary denatured spirit on which such fee has already been paid, he shall present an application in Form XXXIV to the District Prohibition and Excise Officer concerned.

(2)

The District State Excise Officer shall, on receipt of an application under sub-rule (1), check the particulars mentioned in Part A of the application with the help of documents produced by the applicant, and if he finds that the particulars are correct, he shall enter the particulars so checked in the form of register No. D. S. XXXV, and sign Part B of the application. He shall then hand over the application to the applicant.

(3)

The application claiming the refund of transport fee shall, after the consignment is received at the place of import, get Part C of the application signed by the Excise authority in whose jurisdiction the place of import is situated, and present it to the District State Excise Officer concerned in this State.

(4)

On receipt of the application duly endorsed by the Excise Authority of the importing State, the District State Excise Officer shall prefer the necessary refund bill for verification to the concerned Treasury Officer who shall return it to the District Prohibition and Excise Officer.

(5)

On receipt of the refund bill from the Treasury Officer duly verified, the District State Excise Officer shall obtain the applicant’s signature on the refund bill in token of having received the payment, and forward the bill for Collector’s sanction.

(6)

When the refund bill is received back from the Collector by the District State Excise Officer, it shall be presented to the Treasury Officer concerned for encashment.

(7)

On the bill being encashed, the District State Excise Officer shall immediately ask the applicant in writing to collect the amount from him.

(8)

Before the payment is made to the applicant, the register in form D.S. XXXV shall be duly completed

50B.[View all order & notifications]

No refund shall be allowed-

(i) where the claim is for a refund amounting to less than a sum of Rs. 5 in respect of any single consignment intended to be exported, or

(ii) if the quantity of ordinary denatured spirit in respect of which the refund is claimed is not exported within six months from the date of transport pass under which it is transported nor shall payment be made in respect of any claim if the application in Form D.S. XXXIV duly completed in all respects, is not presented within three months from the date of exportation of ordinary denatured spirit.]

51.[View all order & notifications]

Any person desiring to import denatured spirit shall apply to the Collector for an import pass. The application shall contain the following particulars :

(1) Name and address of the applicant ;

(2) Form of the license held under the Act by the applicant and its number and date ;

(3) Kind and quantity of denatured spirit to be imported ;

(4) Quantity of denatured spirit permitted for possession under the license;

(5) Place from which denatured spirit is to be imported;

(6) Name and address of the person from whom denatured spirit will be purchased;

(7) Place at which denatured spirit will be kept after its import;

(8) Period for which import pass is required;

(9) Route;

(10) Reasons for importing denatured spirit;

(11) An undertaking in writing to the effect that the applicant will abide by the provisions of the Act, and the rules, regulations and orders made thereunder and the conditions of the pass applied for.

52.[View all order & notifications]

On receipt of the application under rule 51. the Collector shall make such inquiries as he deems necessary and if he is satisfied that there is no objection to grant the pass applied for, he may grant the applicant such pass in Form D.S.X. 1 [“on recovery of import fee at the rate of Rs. 1.50 (Rupees one an half only) per litre of denatured spirit to be imported”]. The licensee shall also obtain the requisition and the transport pass as required by rule 38. The pass shall be in three parts and shall be dealt with as under :

Part I shall be kept by the officer granting the pass for his record ;

Part II shall be handed over to the importer for sending with the consignment and for record thereafter with his accounts; and

Part III shall be forwarded to the Collector or Chief Excise Authority of the place of export.

53.[View all order & notifications] The importer shall present Part II of the import pass to the Collector or the Chief Excise Authority of the place of export and shall obtain orders of such authority for the supply of denatured spirit to him.

54.[View all order & notifications] The importer shall get his supply of denatured spirit in casks, drums or receptacles sealed with the seal of the officer of the place of export issuing the denatured spirit, with the quantity and strength of spirit indicated there.

55.[View all order & notifications] On arrival of the consignment of denatured spirit at the importer’s shop or premises the importer shall inform the local 1[State Excise Officer] about its arrival and shall not interfere with the seals on the casks, drums or receptacles until that officer has verified the contents and the apparent strength, of denatured spirit in each cask, drum or receptacle with the particulars entered in Part II of the import pass and has drawn a sample therefrom for chemical examination.

56.[View all order & notifications]

The importer shall not sell or take out for use any denatured spirit from the consignment unless such 1 [State Excise Officer] gives him permission to do so after verifying the quality, quantity and strength of the denatured spirit. 2 [No such permission shall be given unless the denatured spirit is found, on examination by the Officer-incharge of the Industrial Research Laboratory, Poona or Matunga, to contain the ingredients, according to the proportions prescribed by the State Government in that behalf, and to be of a strength of not less than 600 O. P.]:

Provided that such permission may be granted without such examination-

(i) where the denatured spirit has been certified by the Chief Excise Authority or other competent authority of the State of export to have been denatured under excise supervision so as to conform, in respect of the proportion and nature of the ingredients use, to the 2 [rules made by the State Government in that behalf]

(ii) where the denatured spirit is exported by firms or companies approved by the Chief Excise Authority of other competent authority of the State of export and is accompanied by a certificate from the Chemical Analyser or Chemical Examiner of the Government of such State to the effect that it has been denatured as aforsaid provided that the seals on the casks, drums or receptacles containing denatured spirit are found to be intact on arrival at the importer’s shop or premises and that the strength of the spirit is not less than 600 O. P. :

Provided further that notwithstanding the permission so granted a sample shall be taken from each cask, drum or receptacle and if such denatured spirit on being analyzed and tested by 2 [the officer-in-charge of the Industrial Research Laboratory. Poona or Matunga] is found to be not properly denatured or to be of less then 600 O. P. in strength the importer shall not make any further sale or use of such denatured spirit. All such cases shall be reported to the commissioner for orders for the further disposal of such denatured spirit.

57.[View all order & notifications]

Any person desiring to export denatured spirit 3 [shall apply for an export pass to the Collector or any other officer authorised to grant such pass]. The application shall contain the following particulars, namely :

(1) Name and address of the applicant ;

(2) Kind and quantity of denatured spirit to be exported ;

(3) Kind of license held by the applicant under these rules with its number and date ;

(4) Place from which denatured spirit is to be exported ;

(5) Place to which spirit is to be exported ;

(6) Name and address of the person to whom denatured spirit is to be consigned ;

(7) Number and date of import pass or no-objection certificate granted by the Collector or Chief Excise Authority at the place of import ;

(8) Route ;

(9) Period for which the pass is required ;

(10) Reasons for exporting denatured spirit ;

(11) An undertaking in writing to the effect that the applicant shall abide by the provisions of the Act and the rules, regulations and orders made thereunder and the conditions of the export pass applied for.

58.[View all order & notifications] The applicant shall submit with his application an import pass or no objection certificate granted by the Collector or the Chef Excise Authority of the place of import allowing the import of denatured spirit at such place by the applicant.

59.[View all order & notifications]

On receipt of the application under rule 58, 1 [the Collector or the officer authorised to grant the export pass shall make] such inquiries as he deems necessary and if he is satisfied that there is no objection to grant the export pass applied for, he may grant the applicant a pass in Form D. S. XI. The export pass applied for the may 2 [on recovery of an export fee at the rate of 3 [ rupee one and fifty paise per bulk litres] of denatured spirit to be exported] grant the applicant a pass in Form D. S. XI, The export pass shall be in the four parts which shall be dealt with as under :

Part I shall be kept for record in the office of 1 [the officer granting the pass,]

Part II shall be handed over to the exporter for record with his accounts,

Part III shall be handed over to the exporter for sending with the consignment and thereafter to be kept by the person receiving denatured spirit, and

Part IV shall be forwarded to the Collector or the Chief Excise Authority of the place to which denatured spirit is to be exported.

60.[View all order & notifications] The exporter shall take all reasonable precautions so that the denatured spirit exported by him reaches is destinatin without being tampered with in transit.

61.[View all order & notifications]

The exporter shall produce before the Collector 1[or, as the case may be, the officere granting the pass], within three month from date of export of denatured spirit an acknowledgment of its receipt of the person receiving it countersigned by the officer in whose jurisdiction the importer’s licenced premises are situated.]

62.[View all order & notifications] Notwithstanding anything contained in the foregoing rules, the permits and licences for the possession and use of denatured spirit or for the sale lof denatured spirit or for the manufacture of denatured spirit granted before the commencement of these rules and in operation before such commencement shall be deemed to be granted under the corresponding provisions of these rule and shall continue to remain in force, until they are renewed under these rules or until the period of their currency is over, whichever is earlier.

FORM D. S. III

[See rule 25 (2)]

Licence for the possession of ordinary denatured spirit for medical use by registered medical practitioners.

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FORM D. S. IV

See rule 26 (3)

Licence for the possession transport and use of ordinary denatured spirit for bona fide medical, scientific and educational purposes.

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FORM D. S. V

See rule 26 (3)

Licence for the possession and use of ordinary denatured spirit for bonafide purposes of art, industry 1[not being an industry engaged in manufacturing denatured spirituous preparations] or profession.

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FORM D. S. VI

See rule 33

Licence for the wholesale sale of ordinary denatured spirit

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FORM D. S. VII

See rule 35

Licence for the retail sale of ordinary denatured spirit.

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FORM D. S. VIII

(See rules 38 and 43)

Requisition for ordinary denatured spirit Wholesaler(s) by Retailer(s) User(s)

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FORM D. S. XII

See rule 18 (3)

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FORM D. S. XIII

See rule 18 (3)

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FORM D. S. XIV

See rule 18 (3)

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FORM D. S. XV

See rule 18 (3)

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FORM D. S. XVI

See rule 18 (3)

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FORM D. S. XVII

See rule 18 (3)

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FORM D. S. XVIII

See rule 18 (3)

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FORM D. S. XIX

See rule 18 (4)

Monthly return of stock account of rectified spirit intended for denaturation for the month of 19

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FORM D. S. XX

See rule 18 (4)

Monthly return of stock account of denatured spirit for the month

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FORM D. S. XXI

See rule 18 (7)

Spirit Stock Account

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FORM D. S. XXII

See rule 18 (7)

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FORM D. S. XXIII

See rule 18 (7)

Vat Account Register

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FORM D. S. XXIV

See rule 30 (i)

Register of account of denatured spirit used for Art, Industry (not being an industry engaged in manufacturing denatured spirituous preparations) or profession during the month

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FORM D. S. XXV

See rule 30 (i)

Monthly return furnished by the Licensee

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FORM D. S. XXVI

See rule 45-A

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FORM- D.S. XX VII

See rule 45-A

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FORM -D. S. XXVIII

See rule 45-A

Monthly return showing the receipt and sale by wholesale of Denatured Spirit during the month

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FORM -D. S. XXIX

See rule 45-B

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FORM-D. S. XXX

See rule 45-B

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FORM-D. S. XXXI

See rule 45-B

Monthly return showing the receipts and sale by retail of Denatured Spirit during the month

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FORM D. S. XXXII

See condition 10 of Form D. S. IV

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FORM D. S. XXXIII

See condition 10 of Form D. S. IV

Monthly return for the month

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FORM D.S. XXXIV

See rule 50-A (i)

Application for the refund of Transport Fee

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FORM D.S. XXXV

See rule 50-A (2)

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FORM D. S. I

see rule 5

Licence for the denaturation of Indian-made rectified spirit including absolute alcohol under bond, and for the sale of denatured spirit from the warehouse.

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