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State of Madhya Pradesh - Section

Section 4 in The M.P. Country Spirit Rules, 1995

4. Manufacture and Bottling.

(1)The Country Spirit shall be of good quality and of such specification as may be determined by Excise Commissioner. It shall be subject to Chemical Analysis, and if found substandard or unfit for human consumption, it shall be redistilled or rejected and destroyed as the case may be, under the orders of the Excise Commissioner or on officer authorised by him in this behalf. The Warehouse Officer may stop, pending the orders of the Excise Commissioner, issue of country spirit which he considers defective and may on every such occasion take samples of such country spirit at the cost of the licensee for sending them for purposes of chemical analysis, without delay.
(2)
(a)The warehouse building which can accommodate atleast one month's requirements of liquor shops attached to each warehouse shall be arranged by the licensee himself under the directions from the Excise Commissioner. If warehouse building belongs to the State Government, the licensee shall be bound to pay necessary rent of the building or buildings occupied by him on the appropriate terms and conditions determined by the Public Works Department of the State and shall also, execute a Lease Deed in the form prescribed in Appendix 54 of the Public Works Deptt. Manual, Volume II, within a period of one month of intimation of the grant of this licence. The lease shall be terminated on the expiry of the period of his licence. The licensee shall not be entitled to get any rent from the Government for Hemp Drugs, Opium etc. stored in any warehouse by the Government. Equipment connected with the supply, storage, gauging, handing and issue of country spirit, including vats, casks, tanks, pumps, pipes, locks, corks, gauging rods, measures, vessels, etc. shall be of the patterns and designs approved by the Excise Commissioner.
(b)Arrears of rent, if any, shall be recoverable from the cost price bills of liquor payable to the licensee every month.
(3)The Excise Commissioner may close any warehouse or require the licensee to open and start any warehouse or warehouses. The Excise Commissioner may also transfer [any warehouse in the supply area] [Substituted by Notification No. (26)B-1-24-2000-CTD-V, dated 30-3-2000 w.e.f. 1-4-2000.] and add it to the supply area of any other licensee. Similarly, other warehouses in the State may be added to the schedule and the licensee shall have to supply country spirit to the additional warehouse at the rates mentioned in the Schedule. The licensee shall not be entitled to claim any increase in the cost of spirit on account of the above changes, nor shall the licensee be entitled to any relaxation in any of the conditions of the licence granted to him.
(4)[(a) The licensee shall maintain at each "manufacturing warehouse" a minimum stock of bottled liquor and rectified spirit equivalent to average issues of five and seven days respectively of the preceding month. In addition, he shall maintain at each "storage warehouse" a minimum stock of bottled liquor equivalent to average issue of five days of the preceding month:Provided that in special circumstances, the Excise Commissioner may reduce the above requirement of maintenance of minimum stock of rectified spirit and/or sealed bottles in respect of any "manufacturing warehouse" or "storage warehouse"] [Substituted by Notification No. (26)B-1-24-2000-CTD-V, dated 30-3-2000 w.e.f. 1-4-2000.].
(b)The C.S. 1 licensee shall maintain at each [Manufacturing warehouse] [Substituted by Notification No. (26)B-1-24-2000-CTD-V, dated 30-3-2000 w.e.f. 1-4-2000.] such minimum stock of empty-bottles as maybe fixed by the District Excise Officer of the concerned district.
(5)All vessels in the [manufacturing warehouse] [Substituted by Notification No. (26)B-1-24-2000-CTD-V, dated 30-3-2000 w.e.f. 1-4-2000.] whether used as spirit vats or water vats, shall be so placed as to admit of the contents being accurately gauged or measured. These vessels shall be gauged in such manner as the Excise Commissioner may from time to time direct and no vessel shall be used as spirit vat or water vat until it has been gauged and the gauging has been checked and approved by the District Excise Officer.
(6)Blending or reduction of plain spirit may be permitted in the store vats, provided the blending or reduction is done in the presence of the Warehouse Officer and under his supervision. Water used for reduction must be pure and the licensee must comply with the directions of the Warehouse Officer regarding the essences, food colours, water or any other material used for the purpose.
(7)[ Operations connected with the filling of bottles with liquor for issue shall be conducted in bond under the supervision of the [manufacturing warehouse] [Substituted by Notification No. (26)B-1-24-2000-CTD-V, dated 30-3-2000 w.e.f. 1-4-2000.] Officer in separate room called the Bottling room for liquor, set apart for the purpose within the Substituted by [manufacturing warehouse] [Substituted by Notification No. (26)B-1-24-2000-CTD-V, dated 30-3-2000 w.e.f. 1-4-2000.] premises. Bottled spirit shall be stored in separate room called the 'Store for bottled liquor' set apart for the purpose within the [manufacturing warehouse] [Substituted by Notification No. (26)B-1-24-2000-CTD-V, dated 30-3-2000 w.e.f. 1-4-2000.] premises near the bottling room. The bottling room and the bottled spirit store-room shall be secured in such manner as the Excise Commissioner may approve. In the bottling room, bottling vats may be erected and spirit stored therein.
(8)Liquor shall be bottled at the strength specified by the Excise Commissioner from time to time. Bottling shall be done during the ordinary working hours of the [manufacturing warehouse] [Substituted by Notification No. (26)B-1-24-2000-CTD-V, dated 30-3-2000 w.e.f. 1-4-2000.]. If the licensee has reduced the strength of spirit by blending or otherwise, he shall not bottle/pack the spirit until 48 hours after operations are completed but in case of emergency the [manufacturing warehouse] [Substituted by Notification No. (26)B-1-24-2000-CTD-V, dated 30-3-2000 w.e.f. 1-4-2000.] Officer may permit relaxation of above rule but gauge and proof shall in no case be taken until after the lapse of two hours.
(9)The bottles to be brought in use for supply of country spirit shall be of standard pattern and specifications as prescribed by the Excise Commissioner from time to time.]
(10)On receipt of the consignments of empty bottles at the [manufacturing warehouse] [Substituted by Notification No. (26)B-1-24-2000-CTD-V, dated 30-3-2000 w.e.f. 1-4-2000.], they shall be opened in the presence of the [manufacturing warehouse] [Substituted by Notification No. (26)B-1-24-2000-CTD-V, dated 30-3-2000 w.e.f. 1-4-2000.] Officer, who shall examine the bottles. At the time of examination of the bottles, the [manufacturing warehouse] [Substituted by Notification No. (26)B-1-24-2000-CTD-V, dated 30-3-2000 w.e.f. 1-4-2000.] officer may reject any bottle which is not in sound condition or of the description given in sub-rule (9).
(11)The bottles which are so rejected shall be removed from the [manufacturing warehouse] [Substituted by Notification No. (26)B-1-24-2000-CTD-V, dated 30-3-2000 w.e.f. 1-4-2000.] immediately by the licensee.
(12)Cleaning, filling, Corking, Sealing, Labeling, Stocking and issuing of bottles shall be done to the satisfaction of the Excise Commissioner by the licensee under the supervision and direction of the Officer-in-charge of the [manufacturing warehouse] [Substituted by Notification No. (26)B-1-24-2000-CTD-V, dated 30-3-2000 w.e.f. 1-4-2000.] in the following manner and in such other manner as the Excise Commissioner may direct from time to time-
(a)Each Bottle shall be thoroughly cleaned and effectively capped or corked. The licensee shall make his own arrangements for water required for washing and cleaning purpose.
(b)Labels to be pasted on bottles shall be of quality and design as specified by the Excise Commissioner. The licensee shall have to get the labels approved by the Excise Commissioner prior to their use in Warehouses.
(c)The labels mentioned in clause (b) above, shall also show in bold print in Hindi the price of the empty bottles refundable to the purchaser, on their return to the retail vendor.
(d)[ The name of the "manufacturing warehouse", "storage warehouse" if any and district of the destination shall be printed on the label which shall also carry the date of bottling rubber-sealed on it clearly.] [Substituted by Notification No. (26)B-l-24-2000-CTD-V dated 30-3-2000 (w.e.f. 1-4-2000).]
(e)The licensee may be required to seal the bottle in the manner prescribed by the Excise Commissioner from lime to time. In addition to sealed glass bottles the Excise Commissioner may introduce the system of packing of country liquor in Poly Pouches in such quantity, as may be directed by him and the licensee shall be bound to comply with the said system.
(13)If the sealing, labeling etc. are not of the detailed specifications as mentioned above or as directed, the Excise Commissioner may direct that sealing charges at such reduced rates may be paid as may be prescribed by him and his decision thereon shall be final.