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State of Mizoram - Section

Section 86 in Mizoram Excise Rules, 1983

86. Consideration of application.

(1)On receipt of the application and after consulting the Deputy Commissioner of the district in which the distillery is proposed to be opened regarding the suitability of the site and buildings, if there be any already, and on any other points, and on receipt of the Deputy Commissioner's opinion, and after such further enquiry as he deems necessary, the Commissioner shall decide whether the licence for the opening of the distillery should be granted or not. The number of distilleries which can be allowed to be opened in Mizoram mainly for the supply of foreign liquor is limited and in deciding whether a licence for the working of a distillery is to be granted or not, the Commissioner will take into full consideration, the purpose for which it is proposed to open the distillery and the demand or necessity for such a distillery.
(2)Purposes for which distillery may be opened. - Distillery may be opened for-
(a)supply of foreign liquor;
(b)supply of spirit for the manufacture of chemicals, medicated articles, etc. or for other industrial purposes;
(c)for the above two purposes combined.
(3)If the Commissioner sanctions the opening of a distillery, he shall so inform the applicant and the Deputy Commissioner of the district in which the distillery is to be opened.
(4)Construction of distillery. - The applicant shall then be called upon to make arrangements for the construction of the distillery.Plans. - Upon completion of the building and after the stills and other appliances and apparatus have been set up, he must deposit two fresh copies of the plans with the Deputy Commissioner, who shall cause them to be verified in any manner he thinks proper and then submit one copy to the Commissioner for examination and for comparison with the plans first submitted, and for any further verification he may think necessary.Licence to be granted by Commissioner. - After final approval, the Commissioner, shall grant a licence to the applicant in the prescribed form.Applicant to carry out necessary additions or alterations. - The applicant shall be bound to conform to the wishes of the Commissioner within a reasonable time to be fixed by that officer regarding any addition or alteration to the buildings, stills, vats or other permanent apparatus or plant which he considers necessary whether before or after the final plans are submitted for the proper security of the revenue or to render illicit practice impracticable.
(5)Additions or alterations to buildings, stills, etc. require previous sanction of Commissioner. - No addition or alteration to the buildings, stills or other permanent apparatus as shown in the plans finally submitted by the applicant shall be made without the previous sanction of the Commissioner obtained through the Officer-in-charge and the Deputy Commissioner. If the Commissioner so directs such additions or alterations may be permitted by the Deputy Commissioner subject to the Commissioner's approval. When any such additions or alterations are made, fresh plans must be submitted to the Commissioner through the Deputy Commissioner with a certificate from the Officer-in-charge that they are correct.
(6)Commissioner may at any time verify description and plans. - It will be left to the Commissioner to verify at any time any of the descriptions and plans above mentioned, and on proof of error, to require fresh ones to be submitted for sanction. Such verification may be made by any officer deputed for the purpose and such officer shall be allowed full access to the premises. Sanctions to the plans may be withheld until any point in respect of which they differ from plans already sanctioned has been rectified to the satisfaction of the Commissioner. The distiller shall be bound to carry out such rectification within a reasonable time to be fixed by the Excise Commissioner.