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State of Madhya Pradesh - Section

Section 5 in The M.P. Country Spirit Rules, 1995

5. Supply.

(1)
(a)On demand by the retail vendor and upon proof of payment into treasury of the issue price recoverable for it, the licensee shall supply to the retail vendors potable spirit of good quality in such quantity and at such of the prescribed strength as may be required.
(b)Any retail vendor may raise an objection regarding the quality of spirit before taking delivery. All such objections shall be submitted to the Warehouse Officer whose decision thereon shall be final and binding on the parties.
(2)The issue price to be recovered from the retail vendors for the country spirit supplied to them from any of the Warehouse of the licensee shall be such as the State Government may from time to time determine at it shall be lawful for the State Government to alter the rates so determined at any time and from time to time, during the currency of this licence, and no retail licensee shall be entitled to any concession, compensation, or remission on account of such alteration ordered by the State Government.
(3)
(a)Subject to the sanction of the Excise Commissioner the C.S. 1 licensee shall be entitled to recover from the retail vendors sealing charges at the time of issue of country spirit from the Warehouse.
(b)The licensee shall be entitled to recover from the retail vendors an amount per bottle on account of its deposit as may be determined by the Excise Commissioner from time to time.
(c)The licensee shall take back empty bottles in sound conditions returned by the retail vendors and return the deposit amount in full mentioned in clause (b) above.
(d)In the event of there being any dispute between the licensee and the retail vendors regarding the condition of the empty bottles, the same shall be referred to the Warehouse Officer and his decision thereon shall be final and binding on the licensee and the retail vendors.
(4)[(a) In the event of the licensee's failure to supply spirit/sealed bottles as required under these rules, or to maintain the minimum stock of spirit and/or sealed bottles at the manufacturing/storage warehouses as prescribed or when the stock of spirit/sealed bottles at any warehouse in the area falls so low that in the opinion of the Assistant Commissioner/District Excise Officer authorised by the Excise Commissioner may purchase rectified spirit and/or country liquor in sealed bottles at the prevalent open market rate.] [Substituted by Notification No. (26)B-1-24-2000-CTD-V, dated 30-3-2000, w.e.f. 1-4-2000.]
(b)In the event of such failure continuing, the Excise Commissioner may also detach warehouse or warehouses from the area of the licensee and order attachment of the same to any other area. The licensee shall not be entitled to any remission, compensation or any other claim against such an order.
(c)In the event of the failure of supply of country spirit by the licensee to the retail vendors in accordance with their demands, the licensee shall be required to pay such losses and damages to the retail vendors and Government as may be determined by the Excise Commissioner. The decision of the Excise Commissioner shall be final and binding on the licensee.
(d)On demand by the Excise Commissioner or any District Excise Officer authorised by the Excise Commissioner, the D-1 or C.S. 1 licensee shall forthwith dispatch such quantity of spirit as may be required from him to any other warehouse in the State.