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State of Madhya Pradesh - Section

Section 8 in The M.P. Distillery Rules, 1995

8. Penalties.

(1)Without prejudice to the provisions of the Act, conditions of the licence and save where provision is expressly made for any other penalty in these rules, the Excise Commissioner may impose a penalty not exceeding Rs. 50,000/- for any breach or contravention of any of these rules or of the provisions of Madhya Pradesh Excise Act, 1915 or rules made thereunder or orders of the Excise Commissioner and may further impose in the case of such continued contravention an additional penalty not exceeding Rs. 1,000/- for every day during which the breach or contravention is continued.
(2)The Excise Commissioner may impose penalty at a rate not exceeding Rs. 30/- per proof litre in case there is short recovery of Alcohol as per Rule 5 unless it is proved by the licensee that failure was not deliberate and due precaution was taken by him to maintain the prescribed efficiency and recovery.
(3)In the event of failure to maintain the minimum stock of spirit as prescribed in sub-rule (4) of Rule 4, the Excise Commissioner may impose a penalty not exceeding Rs. 5/- per proof litre on the quantity found short of the minimum prescribed stock. This penalty shall be payable by the licensee irrespective of the fact whether any loss has actually been caused to the government or not.
(4)On all deficiencies in excess of the quantities allowed under Rule 6, the distiller/supply contractor shall be liable to pay penalty at a rate not exceeding Rs. 30 per proof litre which may be imposed by the Excise Commissioner or any other Excise Officer authorised by Excise Commissioner:Provided that, if it be proved to the satisfaction of the Excise Commissioner or of such officer as he may authorise that such excess deficiency or wastage was due to some unavoidable cause, the Excise Commissioner or authorised officer may waive the penalty to be imposed under this provision.
(5)The Excise Commissioner may suspend or cancel the licence under Section 31 of the Act and may also black list the licensee upon a breach or contravention of any of these rules or of the provisions of the Act or of the Rules made thereunder. The licensee shall be liable for any loss caused to the Government as a result of such suspension or cancellation of the licence.