Legal Document View

Unlock Advanced Research with PRISMAI

- 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 Madhya Pradesh - Section

Section 9 in The M.P. Foreign Liquor Rules, 1996

9. Registration of labels.

(1)No foreign liquor shall be transported within, imported into, exported from and sold within Madhya Pradesh, unless the following legends and details are printed on the labels pasted to the bottles of foreign liquor :-
(a)"Consumption of liquor is injurious to health".
(b)"For sale in Madhya Pradesh only" or "Duty not paid in Madhya Pradesh" as the case may be.
(c)Batch No., Month and year of manufacture.
(d)Name and place of distillery, manufactory or bottlery.
(e)Alcoholic contents and proof strength.
(f)Brand with contents.
(g)Registration No. of the brand/label.
(h)[ Minimum selling price as directed by the Excise Commissioner.] [Inserted by Notification No. (09) B-1-16-2004-CT-IV, dated 12-3-2004.]
(2)Only such bottles or cans of foreign liquor, with labels showing legends/details as specified in sub-rule (1) duly registered with the Excise Commissioner in accordance with sub-rules (3) and (4) may be sold in, transported within, imported into, or exported from Madhya Pradesh :Provided that the labels manufactured by any bottling licensee of Madhya Pradesh that have been approved by the Excise Commissioner before the commencement of these rules, shall be deemed to have been duly registered under sub-rules (3) and (4) :[Provided further that the labels registered for each manufactory or the labels approved by the Excise Commissioner before the commencement of these rules, which shall be deemed to have been duly registered under sub-rules (3) and (4) shall be compulsorily renewed every year. Annual renewal fees for each label/labels shall be such as may be prescribed by the Government. No label/labels shall be used by any manufacturer unless it has been duly registered or renewed. If any label/labels are cancelled by the Excise Commissioner under rules (6) on the ground that such label/labels has caused or are causing losses to state revenue, then owner of such label/labels shall not be entitled for registration of any new label for a period of one year beginning with the date of cancellation of that label/labels.] [Inserted by Notification No. (25) B-1-120-2002-CTD-V, dated 17-9-2002.]
(3)[ Licensee shall make an application to the Excise Commissioner for registration/renewal of label/labels alongwith the fee as prescribed for each kind of label. Three printed copies of the label to be registered and a challan in proof of payment of the prescribed registration fee, deposited in the treasury of the district shall be enclosed alongwith the application. The format of the label shall contain the details mentioned in sub-rule (1). An application for renewal of label/labels shall be filed alongwith the challan of prescribed fee before the end of current year mentioning details of prior registration and renewal.
(4)On receipt of application for Registration of label/labels, the Excise Commissioner, may make such enquiry as he deems proper, if he is satisfied that the pre-requisites specified in sub-rule (3) have been complied with and there is no objection to such registration, he may register it. No such label/ labels shall be registered which bears similarity or resemblance to any prevalent label of any other manufactory.] [Substituted by Notification No. (25) B-1-120-2002-CTD-V, dated 17-9-2002.]
(5)A label as aforesaid in sub-rule (1) shall not have any figure, symbol, picture, insignia, etc. that looks obscence or that may offend the religious feelings of any particular class or hurts the sentiments or pride of any group, community or institution. In case of a dispute whether a label is obscence, offensive or hurtful, the matter shall be referred to the Excise Commissioner and his decision thereon shall be final and binding.
(6)The Excise Commissioner may order cancellation of registration of a label made under sub-rule (4), if liquor sold under any such registered label is found sub-standard or if he is convinced that the sales under that label are causing financial losses to the State Government or if he is satisfied that the label is obscene, outrageous or hurtful. He shall, however, before passing such an order, given the affected licensee an opportunity to make a representation against such proposed cancellation. Consequent upon such cancellation, the Excise Commissioner may also pass suitable order regarding disposal of the stocks of the cancelled label held by any licensee and the State Government shall not be liable to pay any compensation to the licensee for any loss or damage. [The procedure regarding the disposal of stocks and for any loss or damage to the licensee in consequence of non renewal of labels, shall be the same as is applicable after cancellation of the label/labels.] [Inserted by Notification No. (25) B-1-120-2002-CTD-V, dated 17-9-2002.]