Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Punjab - Section

Section 93 in The Punjab Distillery Rules, 1932

93.

Subject to the approval of the[Excise Commissioner] [Substituted vide Legislative Supplement Part III dated 28.1.69.] operations connected with the filling of bottles with country spirit and Indian made foreign spirit for issue shall be conducted in bond under the supervision of the Distillery Inspector, in separate rooms called bottling rooms for country spirit and Indian made foreign spirit respectively set apart for the purpose within the distillery enclosure near the spirit store. In these rooms the licensee may set up such apparatus for filetering, bottling and processes connected therewith as may be needed. Bottled spirit shall be stored in separate rooms called the bottled spirit store for country spirit and Indian made foreign spirit, respectively, set apart for the purpose within the distillery enclosure near the bottling rooms. The bottling rooms and bottled spirit store rooms shall be secured in such manner as the [Excise Commissioner] may approve. In the bottling rooms, bottling vats may be erected and spirit stored therein. The following rules shall be observed for the conduct of bottling operations :-(a)Country spirit and Indian made foreign spirit shall be bottled at the strength from time to time prescribed by the[Excise Commissioner] [Legislative Supplement Part III dated 28.1.69.].(b)Bottling shall be done during the ordinary working hours of the distillery. If the licensee has reduced the strength of spirit by blending or otherwise, he shall not bottle the spirit until 12 hours after operations are complete, unless arrangements approved by the[Excise Commissioner] [Legislative Supplement Part III dated 28.1.69.] have been made to cool the spirit to a normal issue temperature thereby preventing shrinkage in bottles after issue.(c)No bottles shall be filled with the spirit except in the joint presence of the inspector and a representative of the licensee.(d)Spirit required for bottling shall be measured out and brought into the bottling rooms by a permanently fixed pipe (bearing within the spirit store, a cock and fastening for an Excise lock or such other means as may be approved by the[Excise Commissioner.] [Legislative Supplement Part III dated 28.1.69.](e)(1) Glass bottles, pet bottles, flexible bottles and pouches of the following sizes [or of any other size, which may be specifically approved by the Excise Commissioner, shall be used for the bottling of liquor :-] [Substituted by Punjab Notification No. G.S.R. 8/P.A. 1/14/Sections 21 and 59/Amd(50)/2005. dated 24.3.2006.]
Serial No. Type of liquor Quantity Packaging type        
1 PML 500     750 ml glass bottles, pet bottles, flexible bottles    
  Rum/Gin/Whisky 375 ml        
  600   and 750     180 ml
  foreign Liquor All          
2 PML 500     200 ml Pet bottles,    
  Rum/Gin/Whisky,            
  650   and 750       flexible bottles
3 PML 500     180 ml Pouches    
(2)The licensee shall not use for bottling spirit and bottles or flasks bearing the name and trade mark of any other bottler or any other distillery. The[Excise Commissioner] [Legislative Supplement Part III dated 28.1.69.] may accord permission to a licensee for a period not exceeding six months to use such bottles or flasks of another distillery with the consent of that distillery.
(ee)[ The sale of Punjab Medium Liquor of 50 degree proof strength in pouches of 180ml capacity, shall be allowed in border area and illicit liquor prone areas, with the prior approval of the Excise Commissioner, Punjab.] [Substituted by Punjab Notification No. G.S.R. 8/P.A. 1/14/Sections 21 and 59/Amd(50)/2005. dated 24.3.2006.]
(f)(1) The bottles and flasks mentioned in clause (e) and pauchis mentioned in clause (ee) shall be of standard pattern. For the bottling of country spirit they shall bear the following specifications, moulded or sand- blasted on the glass :-
(i)the words "Punjab Excise",
(ii)the figures and words "180 millilitres", "375 millilitres" and "750 millilitres", in cases of bottles of the capacities mentioned at serial Nos. (i), (ii) and (iii) of sub-clause (e) respectively.
(iii)the name or mark of manufacturer of the bottles.
(iv)a line across the neck upto which the bottle shall be filled, in order to contain the proper quantity.
(2)For the bottling of Indian made foreign spirit they shall either bear the same specifications moulded on the glass as prescribed for country spirit except the specifications in sub-clause (iv) of clause (f)(i) above or shall have a monogram moulded or sand-blasted on them of the letters "P.E." and the figures and letters "180 ml.", "375 ml. and "750 ml.".[Provided that the above specifications, except those relating to the indication of the capacity of bottles, shall not apply to bottled Indian made foreign spirit] [Legislative Supplement Part III dated 30.7.66.].
(ff)Notwithstanding the provisions contained in sub-rule (f) above the[Excise Commissioner] [Legislative Supplement Part III dated 28.1.69.] may, in case of emergency permit the use of non-standard pattern bottles, without the name or mark of the manufacturer of the bottles or a line across the neck and also to sand-blast letters "P.E." instead of the words "Punjab Excise" on bottles of the capacity of 375 millilitres and 180 millilitres to be used for the bottling of country spirit. Such non-standard bottles shall be of the capacity approved by the [Excise Commissioner.]
(g)All bottles mentioned in sub-rule (e) above, containing Indian made Foreign Spirit and the country spirit shall unless otherwise allowed by the[Excise Commissioner] [Legislative Supplement Part III dated 28.1.69.] be securely sealed with pilfer proof seal in such a way as to make it impossible to remove the seal without its being cut and/or broken. The seals to be used on various kinds of liquor shall be [one coloured or any combinition of colours which may specifically be approved by the Excise Commissioner] [subsituted vide Punjab Government Gazette LSP III dated 16.6.1995.] of standard sizes and shall bear on top thereof, the word "Punjab Excise" together with the name of the distillery printed in cut-out letterings : provided that any other additional printing may be ordered to be done, if so desired by the licensee, at the sides only.
(h)[ Before bringing any kind of pilfer-proof seals into use, the licensee shall submit samples thereof to the Excise Commissioner for approval. The licensee shall comply with such instructions as the Excise Commissioner, may from time to time issue regarding any such seal.] [Substituted vide Punjab Notification dated 19.2.1998.]
(i)unless otherwise specially permitted by the[Excise Commissioner] [Legislative Supplement Part III dated 28.1.69.], country spirit, whether plain, ordinary spiced or special spiced, shall be bottled in white or clear glass bottles or flasks.
(j)[] [Legislative Supplement Part III dated 25.3.1978.][Unless otherwise specially permitted by the Excise Commissioner in each case for foreign brands of liquor the Licensee shall label] [Substituted vide Punjab Government Gazette LSP III dated 17.1.1996.] each bottle after bottling, with a label showing the following particulars :-
(a)the name of the distillery;
(b)the district in which it is situated;
(c)the kind of liquor bottled;
(d)the strength of the liquor in degrees of proof and/or V/V as directed by Excise Commissioner from time to time ;
(e)the degree of obscuration tallying with the contents of the liquor bottled;
(f)omitted vide Legislative Supplement Part III dated 25.3.80 ;
(g)maximum retail sale price of liquor, if any, fixed by the Excise Commissioner for being supplied in Punjab :
(h)[ the category of the brand, namely, Economy Brand, Medium Brand, Premium Brand, or Deluxe Brand, as the case may be] [Added vide Punjab Government Gazette LSP III dated 27.3.1997.]
Provided that the degree of obscuration need not be shown on lables to be used on bottles containing Indian Made Foreign Spirit or Foreign Brand of Liquor.]
(k)Before bringing any label into use the licensee shall [deposit rupees twenty thousand as registration fee for Indian Made Foreign Liquor and beer and rupees two thousand for Wine per label shall] [Substituted vide Punjab Government Gazette LSP III dated 17.1.1996.]submit exact copies thereof in quadruplicate to the Collector who shall forward them to[Excise Commissioner] [Legislative Supplement Part III dated 28.1.69.] for his approval. The [Excise Commissioner] [Legislative Supplement Part III dated 28.1.69.] if he approves of the label, shall number it and affix his official seal. One copy shall be retained in Excise Commissioner's Office for record.[One copy will be returned to the Collector, one to the Excise and Taxation Officer or in his absence the inspector and remaining one copy will be sent to licensee for information and record.] [Legislative Supplement Part III dated 28.1.69.] The licensee shall comply with such instructions as the Excise Commissioner may issue regarding any label. If the lisensee desirers to affix any more labels to the bottles, he shall submit specimens for approval in the manner prescribed above. Secondary labels need not have printed on them all the [details required for the main label except in cases where the printing of details on the main labels has been exempted by the Excise Commissioner in each case for foreign brands of liquor] [Substituted vide Punjab Government Gazette LSP III dated 17.1.1996.] In particular the licensee shall carry out the following directions :-
(i)All lables required to be used on the bottles of spiced spirit shall bear the word "masalahdar" in Urdu and Gurmukhi characters and the words "spiced spirit" in English characters.
(ii)Labels bearing the words "Superior" or "Special shall only be used on the bottles of special spiced Labels bearing the words "Old" or "matured" shall only be affixed to bottles containing spiced spirit that has been kept in the matured warehouse for more than two years in bond from the date of distillation.
(iii)The words "Rum" or "White Rum" shall not be used on labels to be affixed to bottles containing country spirit.
(iv)The words "Malt Whisky" shall only be used on labels to be affixed to the bottles containing malt whisky only, as defined in these rules.
(v)The lables on the blended product of malt whisky made in the Punjab distilleries and of imported Scotch Whisky shall describe it as "Indian Malt and Scotch Whisky Blend".
(vi)The word "Matured Whisky" shall be used only on bottles containing matured whisky, as defined in these rules.
(vii)[] [Legislative Supplement Part III dated 11.3.75.] All lables required to be used on the bottles of country spirit [and Indian made foreign spirit] [Legislative Supplement Part III dated 11.1.1996.] and Foreign Brands of Liquor shall bear the expression use of alcohol is [Injurious to health] [Legislative Supplement Part III dated 11.3.79.]
[Provided that for any subsequent change in the approved label during the year, one thousand rupees shall be deposited as additional fee.] [Proviso Added by Punjab Government Notification No. GSR29/PA1/14/Sections 21 and 59/Amd(14)/2000 dated 31.3.2000.][Provided further that hotels of 3-star category and above holdings license in Form L-3, L-4 and L-5 who are importing liquor from abroad directly or through an agent, the brand registration fee shall be Rs. 2,000 per label, in case label of such brand is not already approved by the Excise Commissioner. This permission will be applicable to that specific hotel only. On the contrary, if any brand of foreign liquor has already been got approved by any importer or his representative on payment of Rs. 20,000 for the year 2004-05, no separate fee shall be payable by such licensee while importing liquor from abroad.] [Added by Punjab Notification No. G.S.R. 26/P.A. 1/14/Sections 21 and 59/Amd(47)/2004. dated 29.3.2004.][Provided further that no brand registration fee for PML including Rum or Gin or Whisky of any degree, shall be lived.] [Added by Punjab Notification No. G.S.R. 14/P.A. 1/14/Sections 21 and 59/Amd(48)/2005. dated 18.3.2005.]
(kk)Brand registration fee shall be as under :-
(i) Punjab Medium Liquor Nill
(ii) Wine Rs. 2,000
(iii) Indian made Foreign Liquor Rs. 20,000
(iv) Imported Foreign Liquor Rs. 10,000
  (bottled in origin)  
(v) Subsequent change in the approved label during the year Rs. 1,000
(vi) Brand Registration fee for hotels of 3-star and above categoryin respect of liquor imported from abroad of which brands are notalready approved by th Excise Commissioner, Punjab Rs. 2,000.
[No separate fee for pints and nips shall be charged where fee has been paid for quarts.] [Caluse (kk) added by Punjab Notification No. G.S.R. 8/P.A. 1/14/Sections 21 and 59/Amd(50)/2005. dated 24.3.2006.]
(l)Labels on the bottles shall be so affixed as to be easily distinguishable. No label shall be pasted over the words, letter or figures moulded or sand-blasted thereon.
(m)An account of spirit received and used for bottling shall be maintained in Form. D. 13-B.
(n)Except with the special permission of the[Excise Commissioner] [Legislative Supplement Part III dated 28.1.69.] the Punjab Excise bottles shall not be used for bottling any country or Indian made foreign spirit, which is intended for export to another State or Union Territory. Such spirit shall be bottled either in plain bottles or in bottles bearing such marks and indications not being those approved for the Punjab as may be required by the State or Union Territory concerned.[-] [Legislative Supplement Part III dated 24.12.62.] The spirit bottled for export may be issued at such strength and in bottles of such sizes as may be required by the regulations of the State or Union Territory concerned, provided that save with the special permission of the [Excise Commissioner] [Legislative Supplement Part III 28.1.69] the strength of spirit thus issued shall not be lower than that prescribed for the Punjab.[Such bottling shall take place on days other than those on which bottling for Punjab] [Legislative Supplement Part III dated 24.12.62.] [-] [Legislative Supplement Part III dated 28.1.69.] takes place, or if done on the same day, it must be done in a separate room. Such spirit shall also be stored separate from that meant for the Punjab[-] [Legislative Supplement Part III dated 24.12.62.] The capsules and labels to be used on spirit bottled for export to other States or Union Territory [-] [Legislative Supplement Part III dated 24.12.62.]shall be of such design and bear such words as may be required by the Excise authorities of the destination to which the liquor is to be consigned. The lables shall cleag indicate the expression "Not for sale in the State of Punjab." If the lables used resemble those approved for use in the Punjab, they shall be over printed with the words. In the Punjab Distillery Rules 1932, In clause (n) of Rule 93, for the words "Duty not paid to Punjab Government", wherever occurring, the words and brackets "Duty not paid to Punjab Government and for sale in the State/Union territory of - only (here indicate the name of the State or Union Territory, as the case may be), shall be substituted. The type to be used for such over-printing shall not be smaller than two line pica.
(o)[ Notwithstanding anything contained in this rule, the Excise Commissioner may permit export of I.M.F.L. out of India subject to the condition that the exporter shall indicate the following information on the I.M.F.L. bottles, meant for export out of India, namely :-
(i)Brand name of the I.M.F.L.;
(ii)Alcohol contents in v/v;
(iii)Volume of contents;
(iv)Batch Number;
(v)Month and year of Manufacture; and
(vi)Name and address of either the manufacturer/exporter or foreign importer or both.
Note. - There would be no objection for displaying the name and/or logo of the manufacturer/exporter or foreign importer or both on the pilfer- proof seals.
(p)[ The permission referred to in the preceding clause shall, however, be subject to the condition that the exporter shall produce the export order from the respective foreign importer and shall also submit monthly statement to the Excise Commissioner indicating the fact as to how much export has been made by it during the preceding month.] [Clause (o) and (p) added by Punjab Notification No. G.S.R. 33/P.A. 1/14/Sections 21 and 59/Amd(49)/2005. dated 2.12.2005.]