Section 7 in The U.P. Bottling of Foreign Liquor Rules, 1969
7.
Following additional special conditions will be applicable to bottling of Indian Made Foreign Liquor in bond under F.L.-3 licence:(1)The licensee shall execute a bond in Form P.D.B. with such security as may be fixed by the Excise Commissioner. The security shall be furnished either in cash or in interest bearing securities. Government promissory notes, national savings certificates, Post Office Savings Banks Pass Book or Post Office Cash Certificates or in fixed deposit receipts of the State Bank of India or any other Bank duly approved by the State. Government. The security is liable to be increased or decreased by the Excise Commissioner at any time, should he consider, for any reason, that the amount so fixed is inadequate or excessive.(2)Operations connected with the filling of bottles shall be conducted under supervision of an Excise Inspector.(3)The Excise Commissioner shall decide the strength of Excise personnel necessary for the proper supervision of the operations connected with bottling and his decision shall be binding on the licensee.The licensee shall pay to the State Government at the end of each calendar month the costs of Excise staff necessary for the supervision of bottling, as may be determined from time to time by the Excise Commissioner.The licensee shall provide quarters to the Excise staff to the satisfaction of the Excise Commissioner in the vicinity of the bonded warehouse for bottling of Indian made foreign liquor at a rent not exceeding ten per cent, per month of the salary of each member of the staff.The licensee shall be bound to keep the quarters and their appurtenances in proper repair and not to interrupt or annoy any officer residing therein, in his use or enjoyment thereof. In case any question should arise as to whether the rent demanded by the owner of such quarters is just and reasonable taking into consideration the nature and sufficiency of the accommodation, the question shall be referred to the Excise Commissioner whose decision shall be final and binding on the licensee.(4)Operations connected with bottling shall be conducted in separate rooms called bottling rooms set apart for the purpose within the premises near the foreign liquor store. In these rooms, the licensee may set up such apparatus for filtering, bottling and processes connected therewith as may be necessary. In the bottling rooms, bottling vats shall be erected for the storage of Foreign Liquor. Bottled liquor shall be stored in separate rooms.All the rooms shall be well ventilated. The windows and ventilators shall be securely barred with iron bars embedded in cement and they shall be wirenetted, the net having a mesh of not more than 25 mm. Every room shall bear on the outside a board on which shall be painted legibly the purpose for which the room is used. All the rooms shall remain under the separate locks and keys of the licensee and the Excise Inspector.(5)Bottling shall be done during the prescribed working hours.(6)No bottles shall be filled with liquor except in the joint presence of the Excise Inspector and a respresentative of the licensee.(7)Liquor required for bottling in a distillery, vintnery or brewery shall be measured out and brought into bottling rooms by a permanently fixed pipe fitted within the liquor store with a cock and fastening for an excise lock or such other means as may be approved by the Excise Commissioner.(8)Bottling of rum meant for issues to troops at concessional rate shall be permitted in separate room (s) other than the room (s) where bottling of any other liquor is carried on. Bottled concessional rum shall not be stored with any other liquor.(9)The Excise Inspector incharge of bottling bonded warehouse shall maintain the following registers: .(1)Register in Form F.L.B.-3.(2)Register in Form F.L.B.-4.(3)Register in Form F.L.B.-5.(4)Ledger in Form F.L.B.-6.(5)Register in Form F.L.B.-7.(6)Dip Book in Form F.L.B.-9.(10)On the last working day of every calendar month, after all the transactions for that day are made, the Excise Inspector incharge shall take the stock of unbottled and bottled liquor stored in the bottling bonded warehouse, enter into the prescribed registers and ascertain the wastage of liquor in the bottling operations and storage in the bonded warehouse.(11)(a)An allowance up to one per cent, may be made on the total quantity of spirit stored during a month for actual loss in bottling and storage. The licensee shall be responsible for the payment of duty on wastage in excess of one percent.(b)When the wastage does not exceed the prescribed limit, no action need be taken by the Excise Inspector incharge but if an excess is found at the time of monthly stock taking the Excise Inspector shall submit a statement to the Collector by fifth day of the month in Form F.L.B.-10 showing the quantity of actual wastage and the duty to be paid by the licensee on the excess wastage. On receipt of the statement, the Collector shall recover the duty from the licensee at the full rate of duty leviable on Indian made foreign spirit.(12)The Excise Inspector incharge bonded warehouse for the bottling of Indian made foreign liquor will, unless otherwise directed, work under the supervision of, and correspond with the Assistant Excise Commissioner in whose territorial charge the bonded warehouse lies. In all ordinary matters regarding the working of the bonded warehouse the licensee should in the first instance apply to the Excise Inspector Incharge who will, if necessary, secure higher orders.(13)The hours of attendance of the Inspectors posted to a bounded warehouse for the bottling of Indian made foreign liquor will be fixed by the Assistant Excise Commissioner. The Excise Inspector posted to the bonded warehouse will fix the hours of attendance of clerks and peons. Ordinarily each official will be on duly for a total period not exceeding eight hours a day. If more than one Inspector be posted to a bonded warehouse operations involving the presence of an Inspector may continue from 6 a.m. to 6 p.m. if the licensee so desires.(14)The holidays allowed to the Inspectors and clerks at the bonded warehouses for the bottling of Indian made foreign liquor are: Sundays, Republic Day (26th January), Good Friday, Mahatama Gandhi's birthday (official), Independence day, Christmas Day, Holi (the day following the burning of Holi), Janamashtmi, Dashera (principal day), Diwali (principal day), Idul Fitr (principal day), Idul-zuha, Moharram (10th day) and Shabe-i-Barat.Other Gazetted holidays will only be allowed if the licensee himself closes down on special grounds with the sanction of the Excise Commissioner.In case the excise staff stationed at a bonded warehouse is required to attend the bonded warehouse on the above mentioned holidays, the licensee shall be required to pay to Government an overtime fee according to the following scales:Rs. 4.00 per hour for Excise Inspector.Rs. 1.00 per hour for Excise Clerk.
