THE MAHARASHTRA DENATURED SPIRITUOUS PREPARATIONS RULES, 1963

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G. N., H. D., NO. DNS. 1060/11245-(A)-III, dated 8th March, 1963

In exercise of the powers conferred by sub-section (1) and clauses (d), (c), (k) and (12) of sub-section (2) of section 143, read with section 59-D, of the Bombay Prohibition Act, 1949 (Bom. XXV of 1949), and of all other powers enabling it in that behalf, 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, namely :

1 Short title and extent शीर्षक आणि व्याप्ती.[View all order & notifications]

(1)

These Rules may be called the Maharashtra Denatured Spirituous Preparations Rules, 1963.

(2)

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

2 Definitions व्याख्या.[View all order & notifications]

In these rules, unless the context otherwise requires,—

(1)

“Act” means the Bombay Prohibition Act, 1949 ;

(2)

“District Inspector” means a District Inspector of Prohibition and Excise;

(3)

“Form” means a Form appended to these Rules;

(4)

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

(5)

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

(6)

“bottle” for the purposes of these Rules means a bottle having a capacity to contain 650 milliliters of any liquid;

(7)

“pass” means a pass granted under these Rules;

(8)

“Superintendent” means a superintendent of Prohibition and Excise.

3 Application for licence परवान्यासाठी अर्ज.[View all order & notifications]

(1)

Any person desiring to manufacture any denatured spirituous perparation or manufacture and sell such preparation shall make an aplication to the Collector for a licence in that behalf 1[along with a challan evidencing payment of a fee of Rs. 10 for each such application]

(2)

The application shall contain the following particulars, that is to say :—

(i) Name and address of the applicant;

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

(iii) Name of denatured spirituous preparation to be manufactured and approximate quantity thereof to be manufactured per month;

(iv) Whether the applicant holds any other licence for wholesale sale or retail sale of denatured spirit or for the possession and use of denatured spirit in the manufacture of French polish, varnish or any other denatured spirituous preparation.

(v) Whether the place is fire-proof and whether it has been approved by the municipal or other local authorities for the storage of denatured spirit and denatured spirituous preparations;

(vi) A declaration in writing as to whether the applicant has been convicted at any time of an offence punishable under any of the provisions of the Act, or of any Prohibition or Excise Law in force in any part of India; and whether any prosecution under that Act or such Prohibition or Excise Law, is at present pending against him in any Court;

(vii) An undertaking in writing to the effect that the applicant will abide by the provisions of the Act;

(viii) If the denatured spirituous preparation to be manufactured is for use in any art, industry or profession of the applicant, the name of such art, industry or profession.

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

(1)

On receipt of the application under rule 3, the Collector shall make

such inquiries as the may deem necessary, and if he is satisfied that there is no objection to grant the licence applied for, he shall on payment of the fee and on the applicant executing a bond, 2[if any], provided for in this rule grant to the applicant a licence in Form D.S.P.I. subject to the condition that,. except where the denatured spirituous preparation contains not less than 100 grams of soluble ingredients per litre of denatured spirit the ingredients of the denatured spirituous prepartation shall be according to the proportion approved by the Director of Industries, Maharashtra State.

3[(2)

The fee (inclusive of consideration) for a license under this rule shall be according to the following scale, namely;

3[When the total quantity of denatured spirit allowed to be used per month,— Rs.

(a) does not exceed 200 bulk liters 500

(b) exceeds 200 liters but does not exceed 2000 liters 1,000

Provided that where the quantity of denatured spirit to be used in the manufacture of the denatured spirituous preparation for purpose of sample or research does not exceed 5 liters, the fee (inclusive of consideration) shall be 4[rupees ten]

(3)

The applicant shall execute a bond in Form B for an amount or Rs. 100 where the quantity of denatured spirit permitted to be used by him does not exceed 25 litres per month; and where such quantity exceeds 25 litres, for an amount of Rs. 1,000;

1[Provided that no such bond shall be necessary in the case of an applicant applying for the licence under this rule on behalf of any Government, Muncipal or any Zilla Parishad institution.]

4A Renewal of Licence परवान्याचे नूतनीकरण.[View all order & notifications]

Any licence granted under rule 4 shall be renewed for a period not exceeding one year on payment of applicantion fee of Rs. 5 and licence fee as prescribed in sub-rule (2) of rule 4, unless there is reason to believe that there has been a breach of any of the terms and conditions of the licence and/or that the licensee has not been working the licence properly”.]

5 Application for wholesale or retail licenses घाऊक किंवा किरकोळ परवान्यांसाठी अर्ज.[View all order & notifications]

Any person desiring to sell any denatured spirituous preparation by wholesale or by retail, shall apply to the Collector for a license in that behalf. The application 2 [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 denatured spirituous preparation is situated;

(3) Whether the denatured spirituous preparation was sold in the past at the above place and the period during which it was sold;

(4) Whether the applicant holds any other license for the wholesale sale or retail sale of denatured spirit or for the possession and use of denatured spirit in the manufacture of French polish, varnish or any other denatured spirituous preparation(s) ;

(5) Quantity of denatured spirituous preparation intended to be sold during the period of the license;

(6) Average yearly sales of the denatured spirituous preparation(s) in the three years immediately before the date of the application;

(7) Quantity of denatured spirituous preparation(s) intended to be stored at the said place;

(8) Whether the place is fire-proof and whether it has been approved by the municipal or other local authorities for the storage of denatured spirituous preparation(s).

(9) A declaration in writing as to whether the applicant has been convicted at any time of any offence punishable under any of the provisions of the Act, or of any Prohibition or excise law in force in any part of India, and whether any prosecution under that Act or such prohibition or excise law is at present pending against him in any Court of law.

(10) 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 there under and the conditions of the license applied for

6 Grant of wholesale or retail license घाऊक किंवा किरकोळ परवाना देणे.[View all order & notifications]

On receipt of the application under rule 5, the Collector shall make such inquiries as he deems necessary, and if he is satisfied that there is no objection to grant the license applied for, he shall grant the applicant.

a retail license in Form D.S.P. 3 1[on payment of a fee (inclusive of consideration) of Rs. 200] and a wholesale license in Form D.S.P.2 2 [on payment of a fee (inclusive of consideration)] according to the following scale, that is to say :—

(a) where the total quantity allowed for sale during the year does not exceed 70,000 liters 4 [Rs. 1,000].

(b) where the total quantity allowed for sale during the year exceeds 70,000 liters but does not exceed 1,40,000 liters- 3[Rs. 2,000]; and

7 Duration of licence परवान्याचा कालावधी.[View all order & notifications]

No licence under these Rules shall be granted for a period beyond 30th day of September next following the date of commencement of the licence.

7A Renewal of Licence..[View all order & notifications]

Any licence granted under rule 6 shall be renewed for a period not exceeding one year on payment of application fee of Rs. 5 and licence fee prescribed in rule 6, unless there is reason to believe that there has been a breach of any of the terms and conditions of the licence and/or that the licensce has not working the licence properly”]

8 Place of Storage साठवण्याचे ठिकाण.[View all order & notifications]

The licencee shall not keep or store denatured spirit or denatured spirituous prepartions in any place other than the licensed premises or a godown which has been approved by the Collector.

9 Location of licensed premises or godown परवानाप्राप्त जागेचे किंवा गोदामाचे स्थान.[View all order & notifications]

Except with the previous permission of the Collector, the licensed premises or the godown shall not be located in the same premises where any other shop for the sale of potable spirits, rectified spirit, medicated wines, tinctures or for the sale of food or drink for consumption on the premises is situated.

10 Licensee to abide by certain conditions काही अटींचे पालन करण्यासाठी परवानाधारक बांधील असणे.[View all order & notifications]

The licensee.

(1)

shall carry on the busincess under his licensee either personally or by an agent or servant duly authorised in this behalf by a certificate of appointment or a written nokarnama signed by himself and countersigned by the local Prohibition and Excise Officer, provided that any such certificate of appointment or nokarname shall also be valid unless and until counter signature is refused. If for any reason, the Collector orders the withdrawal of any nokarnama or certificate of appointment issued by the Licensee, the nokarnama or the certificate of appointment shall be forthwith withdrawn. For every certificate of appointment or nokarnama issued by him, the licensee shall pay a fee of Re. 1 No certificate of appointment or nokarnama shall be issued to any person who is a minor and if issued, it shall not be valid;

(2)

shall keep, along with the accounts maintained by him, 1* * * transport passes, duplicate copies of cash memos with the purchaser’s signature 2[or left hand thumb impression] thereon, and other documents relating to the denatured spirit or denatured spirituous preparation and preserve them for a period of one year ;

(3)

shall at all reasonable times keep open the account books, 1* * * passes, duplicate copies of cash memos, and other documents relating to denatured spirit, denatured spirituous preparations, the licensed premises and the stock of denatured spirit and denatured spirituous preparation kept therein for the inspection by the Commissioner,Collector, Superintendent, District Inspector, or any other officer empowered under section 122 of the Act;

(4)

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 Collector, Superintendent, District Inspector, Mamlatdar, Mahalkari or as the case may be, the Tahsildar;

(5)

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

(6)

shall not admit any person 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;

(7)

shall comply with all lawful orders issued from time to time by the

Commissioner, the collector, the Superintendent or the District Inspector.

11 Suspension or cancellation of licence परवाना निलंबित किंवा रद्द करणे.[View all order & notifications]

The licence may be cancelled or suspended in accordance with provisions of section 54 or 56 of the Act.

12 Power of collector to renew licence, etc परवान्याचे नूतनीकरण करण्याचा जिल्हाधिकाऱ्यांचा अधिकार इ..[View all order & notifications]

As the licence is granted for a specified period only, it gives the licensee, his heirs legal representatives or assigns no claim whatsocver, to the continuance or renewal thereof beyond the period specified therein. It is entirely within the desecration of the Collector to permit or not to permit the assignee of the licensee in case of sale or transfer; or the heir or legal representative of the licensee in case of death, to have the benefit of the licence for the unexpired portion of the term for which it is granted.

13 Licensee to hand over stock of denatured spirit and preparations to Collector in certain cases परवानाधारक विशिष्ट प्रकरणांमध्ये विप्रकृत मद्यार्क आणि सिद्धपदार्थ जिल्हाधिकाऱ्यांकडे सुपूर्द करेल.[View all order & notifications]

In case the licence is cancelled or suspended or surrendered or is not renewed on its expiry, the whole of the unsold stock of denatured spirituous preparations in balance or the stock of denatured spirit in balance with the licensee on the date of such suspension, cancellation , surrender, or non-renewal, shall forthwith be handed over by him to the collector.

14 Application for import pass आयात पाससाठी अर्ज.[View all order & notifications]

Any person desiring to import any denatured spirituous preparation 1* * * shall apply to the Collector for an import pass. The application shall contain the following particulars, namely :

(1) Name and address of the applicant;

(2) Form of the license, if any, held by the applicant and its number and date;

(3) Kind and quantity of denatured spirituous preparation to be imported (here specify name, quantity of the denatured spirituous preparation and the proportion of soluble ingredients contained in one liter of denatured spirit);

(4) Purpose for which such denatured spirituous preparation is required;

5) Place from which the denatured spirituous preparation is to be imported;

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

(7) Place at which the denatured spirituous preparation will be kept after its import;

(8) Period for which import pass is required;

(9) Route

(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 pass applied for

15 Grant of import pass आयात पास देणे.[View all order & notifications]

On receipt of the application under rule 14, 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 a pass in Form D.S.P. 4. The pass shall be in four 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 it with the consignment and for record thereafter with his accounts;

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

Part IV shall be sent to the Superintendent or District Inspector for being forwarded to the local Prohibition and Excise Officer to examine the consignment on its arrival.

16 Importer to get supply of preparations in sealed casks, etc आयातदाराने सीलबंद डब्यांमध्ये इ. सिद्धपदार्थाचा पुरवठा घ्यावे.[View all order & notifications]

The importer shall get his supply of denatured spirituous preparation in sealed casks, drums or other receptacles. Each such cask, drum or receptacle containing denatured spirituous preparations shall be conspicuously labelled or branded with the words indicating the name and address of its manufacturer and the kind and quantity of the denatured spirituous preparation contained therein.

17 Importer not to interfere with the seals until verification by officers अधिकाऱ्यांकडून पडताळणी होईपर्यंत आयातदार सीलमध्ये हस्तक्षेप करू नये.[View all order & notifications]

On arrival of the consignment of denatured spirituous preparation at the importer’s shop or premises the importer shall inform the local Prohibition and 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 with particulars entered in Part II of the import pass, and has drawn a sample therefrom for chemical examination. The importer shall allow the officer to take samples free of cost.

18 Importer not to sell or use the Preparation until verification by officers अधिका-यांकडून पडताळणी होईपर्यंत आयातदाराने सिद्धपदार्थ विकू नये किंवा वापरू नये.[View all order & notifications]

The importer shall not sell or take out for use any denatured spirituous preparation from the consignment unless such Prohibition and Excise Officer gives him permission to do so after verifying the quantity and strength of the denatured spirituous preparation. No such permission shall be given unless the denatured spirituous preparation is found, on examination by the Director, Forensic Science Laborator and Chemical Analyzer to Government, Bombay, or such other officer as may be appointed by Government for such purpose, to contain (i) not less than 100 grams of soluble ingredients per liters of denatured spirit, or (ii) soluble ingredients and denatured spirit in such proportion as was approved by the Director of Industries, Maharashtra, before the grant of the import pass to the importer and denatured spirit used in the manufacture of the denatured spirituous preparation to be of strength not less than 600 O.P.

Provided that such permission may be granted without such examination, if the consignment of denatured spirituous preparation is covered by certificate from the Chief Excise Authority or other competent authority of the State of export, showing—

(i) That the denatured spirituous preparation is the same as it purports to be and contains not less than 100 grams of soluble ingredients per liter of denatured spirit which is of strength not less than 600 O.P.;

(ii) That the quantity and description of denatured spirituous preparation contained in the consignment exactly correspond with the particulars in the pass;

(iii) That the casks, drums, or receptacles containing such denatured spirituous preparation, have been securely closed in his presence and sealed with his presence and sealed with his official seal;

Provided further that not withstanding the permission so granted, a sample shall be taken free of cost from the casks, drums, or receptacles, and if such denatured spirituous preparation on being analysed and tested by the Director, forensic Science Laboratory and Chemical Analyser to Government, Bombay, or by such other officer as may be appointed by Government is found to be not properly manufactured or denatured spirit used in the manufacture of denatured spirituous preparation is found to be less than 600 O.P. in strength, the importer shall not further sell or use such denatured spirituous preparation. All such cases shall be reported to the Commissioner of Prohibition and Excise, Maharashtra State, Bombay, for orders for further disposal of such denatured spirituous preparation.

19 Application for export pass निर्यात पाससाठी अर्ज.[View all order & notifications]

(1)

Any person desiring to export denatured spirituous preparations shall make an application to the Collector in that behalf for an export pass.

(i) Name and address of the applicant;

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

(iii) Kind and quantity of denatured spirituous preparation to be exported;

(iv) Place from which denature spirituous preparation is to be exported;

(v) Name and address of the person to whom denatured spirituous preparation is to be consigned;

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

(viii) Route (State also the place upto which removal of spirituous preparation will be by road during its transit in the State of Maharashtra);

(ix) Period for which export pass is required;

(x) Reason for exporting denatured spirituous preparation;

(xi) 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.

(2)

The applicant shall submit with his application an import pass or no objection certificate granted by the Collector or the Chief Excise Authority of the place of import for import of denatured spirituous preparations at such place by the applicant.

20 Issued of export pass निर्यात पास जारी करणे.[View all order & notifications]

(1)

On receipt of an application under rule 19, the collector or the officer issuing the pass shall make such enquiries as he may deem necessary, and if he is satisfied that there is no objection to grant the pass applied for, he may grant the applicant an export pass in Form D. S. P. 5.

(2)

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

Part I shall be retained on the records 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 for sending it along with the consignment of denatured spirituous preparations;

Part IV shall be forwarded to the Collector or the Chief Excise Authority of the place of import.

21 Export of preparations in sealed casks. etc सीलबंद डब्यांमध्ये सिद्धपदार्थाची निर्यात इ..[View all order & notifications]

(1)

Export of denatured spirituous preparations shall be in sealed casks, drums or other receptacles. Each such cask, drum or receptacle shall be labelled or branded with the words indicating the name and address of its manufacturer and the kind and quantity of denatured spirituous preparation contained therein.

(2)

The exporter shall take all reasonable precautions to see that the denatured spirituous preparations exported by him reaches its destination without being tampered with in transit.

(3)

The exporter shall produce before the Collector within one month from the date of export of the denatured spirituous preparation, an acknowledgment or receipt from the persons receiving the denatured spirituous preparation at the place of import duly countersigned by the Collector or the Chief Excise Authority of the place of import.]

FORM D. S. P. 1

See rule 4

Licence for the manufacture of denatured spirituous preparations or for the manufacture and sale of such preparations

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FORM D.S.P. 1-A

Register of accounts of denatured spirituous preparation manufactured and sold or used by the licensed manufacturer during the month

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FORM D.S.P. 1-B

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FORM D.S.P. 1-C

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FORM D.S.P. 1-E

Monthly return of the denatured spirit furnished by the licence for the month

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FORM D.S.P. 1-D

Monthly return of the denatured spirituous preparations manufactured, sold or used by the licensed manufacturer during the month

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BOND FORM B

[See rule 4 (3)]

Form of Bond to be executed before licence is granted to possess and use ordinary denatured spirit for manufacture of denatured spirituous preparations.

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