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State of Madhya Pradesh - Section

Section 18 in The M.P. Foreign Liquor Rules, 1996

18. Miscellaneous.-

(1)Transit of foreign liquor through Madhya Pradesh shall be subject to such conditions and restrictions as may be notified by the Excise Commissioner and such conditions and restrictions shall be binding on all such transit movements.
(2)
(a)Bottle fee per quart bottle both for the spirit and the malt liquor shall be payable at the rate fixed by the State Government from time to time. Different scales of bottle fee may be prescribed for different kinds or varieties of foreign liquor including that imported from outside the country.
(b)The rate of bottle fee per magnum bottle shall be one and a half time the rate per quart bottle, the rate per pint bottle shall be half of the rate per quart bottle, and the rate per nip bottle shall be one fourth of the rate per quart bottle.
Explanation. - A bottle of the capacity of less than 191 millilitres but not less than 142 millilitres shall be classed as a nip bottle; a bottle of the capacity of less than 383 millilitres but not less than 246 millilitres shall be a pint bottle; a bottle of the capacity of less than 767 millilitres but not less than 495 millilitres shall be classed as a quart bottle, and a bottle of the capacity of not less than 767 millilitres but not more than 1000 millilitres shall be classed as a magnum bottle.
(3)No duty, tax, fee or levy shall be payable on foreign liquor exported to any other country.
(4)All export, import and transport of foreign liquor shall be at the cost and risk of the licensee. No duty import-fee, export-fee, transport-fee or bottle-fee shall be refundable on ground of any loss caused to the licensee.
(5)The exporter or transporter shall strictly follow the itinerary specified in the export or transport permit which will invariably accompany the consignment. The consignment shall be taken intact directly to the destination within the validity period of the permit and under no circumstances it shall be broken, unloaded or disposed of during transit.
(6)After the expiry or cancellation of the licence in Form FL 6, FL 9, FL 9-A [ [x x x] or FL 10-A] or FL 11 the licensee shall place the entire stock of spirit or bottled foreign liquor or both as the case may be, under the control of the [Asstt. Excise Commissioner/District Excise Officer], The former licensee may be permitted to dispose of such balances within 30 days of such expiry or cancellation, to any other licensee to whom it can be sold. If he is unable to dispose of such balances in the aforesaid manner and within the prescribed time period, the Excise Commissioner may ask any other licensee of the State who is permitted under the rules to purchase such balance, to buy all or part of such balance at a rate fixed by him or give any other directions about their disposal, including their destruction. Foreign liquor left under similar circumstances with FL 1, [FL 1-A, [x x x] FL 1-AAA], FL 2, FL 3, FL 4, FL 5, FL 7 or FL 8 licensee shall be disposed of in accordance with the procedure laid down in General Licence Condition No. XXV.
(7)The licensee shall be bound by the orders issued by the Excise Commissioner from time to time.
(8)Every licensee under these rules shall keep his stock of foreign liquor on the premises specified in his licence only.
(9)FL 1, [FL 1-A, [x x x] ] FL 1-C, FL 2, FL 3, FL 4, FL, 5, FL 7 and FL 8 licensees shall be liable to pay the difference of bottle fee on the balance of stocks of foreign liquor in the event of enhancement of the scale of bottle-fee during the currency or on the expiry of the licence, but no refunds shall be permissible to them on such stocks if the scale of bottle-fee is reduced.
(10)The Excise Commissioner may for sufficient reasons to be recorded in writing restrict the import or transport of foreign liquor by holders of foreign liquor licences, in respect of whom no quota has been fixed under the conditions of their licences.
(11)A bonafide traveller entering Madhya Pradesh may import without any restriction, for his private consumption, foreign liquor not exceeding two quart bottles.
(12)The maximum quantity of foreign liquor that can be possessed by an [FL 4 or FL 4-A] licensee at any point of time shall be fixed by the licensing authority and the quantity thus fixed shall be in quart bottles and shall be entered in the licence.
(13)Bottling fee, bottle-fee, import-fee, export-fee, transport-fee and duty payable under these rules shall be such as prescribed by the State Government by issuing notifications from time to time.
(14)Duty, import-fee, bottling-fee, export-fee, may be levied on the basis of ex-distillery selling price declared by the manufacturer to the Excise Commissioner or Collector from time to time.
(15)Duty, bottle-fee, transport-fee, import-fee, export-fee, shall be deposited in the district in which the licensed premises of the licensee, transporting, importing or exporting foreign liquor is situated.
(16)It shall be lawful for the licensing authority to impose such reasonable additional conditions on any licensee as he deems proper, to ensure compliance of the provisions of the Act, rules or conditions of the licence.[(17) The State Government shall have the power to cancel the licence granted by any licensing authority in violation of any provision of these rules or the Act or any general guidelines or directions issued by the State Government for grant of such licence. In case a licence is cancelled by the State Government under this sub-rule, the proportionate licence fee, in respect of such licence for the remaining period for which the licence would have been in force, shall be refundable to the person concerned.][(18) If holder of a licence granted by any licensing authority under these rules, is convicted of an offence under the Act or for breach of the rules or conditions of the licence, and the Licensing Authority on the proposal of the [Asstt. Excise Commissioner/District Excise Officer] or any officer authorised by him in this behalf, does not act to suspend or cancel the licence under the provisions of Section 31 of the Act, the State Government or an officer authorised by it in this behalf after hearing the licensee may suspend or cancel the licence.][(19) Omitted]