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State of Punjab - Section

Section 40 in The Punjab Brewery Rules, 1956

40.

Beer shall be bottled of any colour or description having a capacity of 650 millilitres and 325 millilitres, with necks suitable for sealing with crown corks [or in two piece aluminum cans of such capacity as may be approved by Excise Commissioner] [Added vide Punjab Government Notification No. GSE 22/PA1/14/Section 21 and 59/Amd(15)/95 dated 20.4.1995.] :Provided that the use of bottles of existing capacities of 21 to 27 ounces many continue subject to the condition that there equivalent capacity in metric units in indicated on the tables affixed to them;[Provided further that the licensee shall label each bottle of beer after bottling, with a label depicting the words 'date of manufacturing' alongwith 'the date of expiry' and printing the words 'Best before six months.] [Added by Punjab Notification No. G.S.R.50/P.A.1/1914/Section 21 and 58/Amd23/2006 dated 6.11.2006.][41. In all matters not specified in these rules, the Punjab Distillery Rules shall apply mutatis mutandis] [Legislative Supplement Part III dated 1.2.77.].Form B-1License to work a brewery and to bottle beer made thereinLicense to work a brewery is hereby granted to ______________ at ___________ in the District of _____________ subject to the rules prescribed in the Punjab Brewery Rules (a copy of which is herewith attached) and to such other rules for the security of the revenue as the Financial Commissioner may issue from time to time, the infraction of any of which rules with intent to defraud the revenue, will involve forfeiture.Dated ________CollectorForm B-2Brewer's EntryI/We licenced brewer, do hereby withdrew all former entries and do now make entry of the following rooms, places and vessels in my/our brewery situate at____________ in the district of_____________Name__________________Residence_____________Date________________________________________
Here enter full )particulars of )each room and)____________place    
____________________    
Name_______________    
Date________________    
Received by me this______________ day of_____________ 19_________ Entry examined and checked with the places, rooms and vessels shown herein and found correct (with the following exceptions)
If incorrect, the )_______correct details should)behere specified. If)correct, strike out the)_______wordsin brackets )  
Inspector's Name____________Dated___________Examined and passed_________CollectorDate______________Form B-3Licensee's BondThis Indenture made the_____________ day of_____________ 19_________. Between___________ son of________ caste_________ resident of________ (hereinafter called the Mortgagor) of the one part AND the Governor of Punjab (hereinafter referred to as the Government) of the other part. Whereas the Mortgagor was on the_________ day of_______ 19_______ granted licence to work a Brewery at_____ in accordance with the Punjab Brewery Rules which said licence is in terms of B-I attached to the said Rules.And whereas by Rule 6 of the said Rules the Mortgagor is required to execute a mortgage bond for the due discharge of all payments which may be or from time to time become payable by him to the Government on account of the working of the said Brewery.Now this Indenture Witnesses that in compliance with the said 6th Rule and in consideration of the grant to the Mortgagor of the said licence to work the said Brewery at_________________ the Mortgagee hereby covenants with the Government________________ to pay to the Government_____________________ all such payments as may be or from time to time become payable in connection with the working of the said Brewery on the days that such payments shall fall due and in further compliance with said 6th Rule and for the same consideration aforesaid the Mortgagor as full proprietor hereby grants, conveys, and assigns. All those hereditaments, and premises situate in___________ and more particularly described and specified in the schedule, hereto attached and delineated on the plan, hereto annexed, and thereon coloured____________ together with all stock of beer, apparatus, and utensils, employed in the manufacture, and storage of beer now or hereafter, from time to time, to be brought on the said premises, together with all easements, rights and things appurtenant, or reputed appurtenant to the said premises, and all the estate, right, title, claim and demand, whatsoever of the Mortgagor, into and upon the said premises, and the said stock of beer, apparatus, and utensils and every part thereof, to hold the same unto and to the use of the Government_________ and assigns, in full proprietary right, for every subject to the proviso for redemption, hereinafter contained. And the Mortgagor for himself, his heirs, legal representatives and assigns, hereby covenants with the Government________ that he, the said Mortgagor, now has good right to grant the hereditaments and premises, and stock of Beer, apparatus, and utensils, hereby granted, or expressed so, to be unto and to the use of the Government in manner aforesaid that free from encumbrances.And that whensoever in exercise of the powers hereinafter reserved to the Government, sale shall be made of the said premises stock of beer, apparatus and utensils, hereby granted or expressed so to be, or any part thereof, the Government and any other person or persons who may purchase the same, their heir, legal representatives and assigns, shall and may at all times thenceforth quietly possess, and enjoy, the same and receive the rents and profits thereof, without any lawful eviction, interruption, claim, or demand, whatsoever, from or by the Mortgagee, any person, rightfully claiming from, under or in trust for him and that free from encumbrances.And further that he, the Mortgagor, and all other persons, having or lawfully or equitably claiming, any estate, or interest, in the said hereditaments, and premises stock of beer, apparatus, and utensils, or any part thereof, shall from time to time and all times thereafter, at his or their own cost, during the continuance of this security and afterwards, at the cost of the person or persons requiring the same, do and execute, or cause to be done, or executed, all such acts, deeds and things for the further and more perfectly assuring the said hereditaments and premises unto and to the use of the Government and other persons aforesaid in manner aforesaid, as shall or may be reasonably required and it is hereby agreed that if the Mortgagor shall, during the continuance of the said License, make to the Government all such payments, in respect of the working of the said Brewery, as may be, or from time to time become payable, by the Mortgagor, the Government shall on the determination of the said licence (but subject to the proviso hereafter contained) at the request and cost of the Mortgagor, his heirs, or legal representatives, recovery and reassigns the said hereditaments, and premises stock of beer, apparatus, and utensils, hereby granted unto the Mortgagor, his heirs, or legal representatives as he or they shall direct and in the meantime and until default shall be made by the Mortgagor in the due payment as afore said, the Mortgagor shall continue in possession and receipt if the rents and profits of the said hereditaments and premises and the stock of the beer, apparatus, and utensils thereon, and it is hereby a agreed and declared and the true intent and meaning of the parties hereto is, that if default shall be made by the Mortgagor, in the due payments aforesaid, or any of them, then and in such case, and immediately, thereupon, or at any time thereafter, or from time to time, as occasion shall require, it shall be lawful for the Government or their officers, or servants, duly authorised in that behalf, and notwithstanding, the dissent, or opposition of the Mortgagor, his heirs, or legal representatives, to enter into and upon (whether in or out of possession) to make sale, and absolutely dispose of the said hereditaments, and premises, stock of beer, apparatus, and utensils, hereby granted or expressed so to be or any part thereof, by public auction, or by private contract, and for such price or prices as to the Government shall appear reasonable, with liberty to buy in the same or any part thereof. And for effectuating any such sale, it shall be lawful for the Government to do, make and enter into all necessary acts, deeds, conveyances and assurances, whatsoever, and it is further declared, by and between the parties hereto that such acts, deeds, conveyances, and assurances, done, made or executed, under or by virtue of these presents shall be good, valid and effectual, whether the Mortgagor, his heirs, or legal representatives shall or shall not join therein or assent thereto and shall bind the Mortgagor, his heirs, or legal representatives, and all other persons claiming under him or them and it is hereby further agreed and declared that the power of sale hereinbefore contained shall and may be exercised and that all things to be done in pursuance thereof, shall be good, valid, and binding, notwithstanding that no decree of any Court of law or equity, for barring or for closing the equally of redemption of the Mortgagor, his heirs or legal representatives, shall have been previously obtained, but his power of sale is given to addition to the ordinary remedies of foreclosure. And that the receipts in writing of the Financial Commissioner for the time being for all moneys to arise from any such sale or sales shall be good and sufficient discharge to the persons paying the same and shall exonerate such persons from all responsibility in respect of the application or non-application of the same nor shall he or they be fond to enquire whether the sale was regular or authorised under these presents; provided always and it is hereby agreed and declared by and between the parties hereto that on the determination or cancellation of the said License, the above mentioned hereditaments, and premises and stock of beer, apparatus and utensils, shall not be at once reconveyed and reassigned to the Mortgagor, his heirs, or legal representatives, but shall be and remain mortgaged with the Government for the term of six months as security for the payment of any sums due by the Mortgagor in connection with the working of the said Brewery :Provided always that the reconveyance at any time of the said premises hereby granted or expressed so to be, shall not be deemed to effect the right of the Government to take proceedings against the Mortgagor, in case any breach of the conditions, herein set forth, shall be discovered after reconveyance and assignment.In witness whereof the parties to these presents have hereunto set their hands on the dates hereinafter mentioned respectively.
Signed and delivered by thesaid)_____________________________)on the________ dayof___________)_________________in thepresenceof___________________________  
Witness -  
1. __________________________)2.__________________________)  
Signed by___________________)Collectorof___________________)for and on behalf of the Governor)ofPunjab_____________________)the day of__________19_________)  
Form B-4Register Of Gauging Table(To be maintained by the Brewery Inspector)
Depth Diameters Incumbrances Area
  1 2 3 4 Mean Depths Areas Gross Net
1 2 3 4 5 6 7 8 9 10
                   
Contents in litres Tabulation
  Dry millimetres litres Area of 2.54 millimetres one-tenth of an inch Dry millimetres litres Area of 2.54 millimetres one-tenth of an inch
11 12 13 14 15 16 17 18 19
                 
Form B-5Brewing BookQuarter ending______________To be maintained by the licencee
When entry made Notice to Quantity to be used of
Date Hour Number of Brewing Mash, malt or corn Dissolve Sugar Malt Unmelted Corn Sugar Hops Hop sub-stitutes
      Date Hour Date Hour Bushels Bushels Kilo-grams Kilo-grams Kilo- grams
1 2 3 4 5 6 7 8 9 10 11 12
                       
Time when wort will be drawn off grain in themushtun When collected Worts collected Initials  
Date Hour Date Hour Vessel Dip. Gravity Brewer's Inspector's Remark
[xxx]       No. Name          
13 14 15 16 17 18 19 20 21 22 23
                     
Form B-6Survey Book________________Brewery(To be maintained by the Brewery Inspector)
  PARTICULARS IN BREWING BOOK
Date and hour of survey   Notice to Quantity to be used of
Number of brewing Mash, Malt or Corn Dissolve sugar Malt Unmelted corn Sugar Hopes Hopes Substitutes
Date Honour Date Hour Date Hour Bushes Bushes Kilo-grams Kilo- grams Kilo-grams
1 2 3 4 5 6 7 8 9 10 11 12
                       
Time when wort will be drawn of grain in the mushtun Worts collected Mashtuns Quantity from gauge of grains Percentage over or under quantityentered Sugar dissolving vessels
  When collected Vessel Areas Areas Bushes
  Date Hour Number Name          
13 14 15 16 17 18 19 20 21 22
                   
Under Backs or worts receivers Coppers Heating Tanks Hop Backs Coolers Refrigerators
1 2 1 2 3 4 1 2 1 2 1 2
23 24 25 26 27 28 29 30 31 32 33 34
                       
Form B-7Bear Duty Voucher 3Quarter ending_________ 19_________________(To be prepared by the Brewery Inspector)
  Particulars to be filled in for theBrewery
Name of Brewery Actual Bulk litres manufactured Wastage allowance Net litres of beer changed with duty REMARKS
1 2 3 4 5
         
1 2 3 4
D. D. D. D.
Dip Grav Dip Grav Dip Grav Dip Grav
35 36 37 38 39 40 41 42
               
5 6 7 8
D. D. D. D.
Dip Grav Dip Grav Dip Grav Dip Grav
43 44 45 46 47 48 49 50
               
Quantity of wortscollected Charge from material calculated at1050 Percentage of wort over or under material charge columns 52and 53 Number of brewing REMARKS Inspector's Initials
Actual Bulk litres Actual Bulk litres calculated at 1050  
51 52 53 54 55 56 57
             
FORM B-8 FORM B-8 FORM B-8
No. Foil (To be prepared by the Brewery Inspector) No. Coupon
Notice to pay Beer duty Quarterending________________ Net Litres changed with duty_______________________ amount ________________________ Inspector) No. Counter foil Acknowledgement of receipt of Beer Duty
Notice to pay Beer Duty  
Shri_____________ Licensed___________ brewer Coupon to be forwarded by the Treasury Officer to theInspector after payment has been made and to be by him attachedto the foil
Dated_______________ At_____________________ __________________
  You are hereby directed to pay into the Government Treasuryat_______ within five days of the receipt of this notice the sumof rupees__________ (N.P.)__________________, being the dutychargeable at per litres upon_________ net litres of Beer brewedby you in the quarter ending___________ To the Excise Inspector,
  ___________ Brewery.
  You are hereby informed that rupees__________ N.P.___________have been paid into the Government Treasury at_____ on_________19_________ by__________ on account of Beer duty.
  Rs.____________________ (Sd.)___________
  _________ District Treasury Officer
  _________ Collector  
  Dated______________ Dated_____________
N.B. - This notice must reach the brewer not later than the 11th day of the quarter following that to which the duty relates. The amount of duty should be forwarded by him to the Treasury together with the attached coupon.Form 8-9Distinction CertificateWe hereby certify that_________ litres of beer, brewed by Mr._____________ licenced brewer at____________________ on which duty has been recovered, were this day taken account of by us under Financial Commissioner's Order No. __________, dated_________________ and estroted in our presence.Dated this_____________ day of______________ xxx______________________________ Excise and Taxation Officer______________ InspectorTo the Collector.____________ District.Form B-10Certificate as to spoilt Beer used in distilling or for conversion into VinegarWe hereby certify that______ litres of beer, brewed by__________ licenced brewers at_________ on which duty has been, recovered were taken account of by us, under___________ Financial Commissioner's Order, No.________ dated_____________ on___________ and we further certify that the beer in question has since been distilled in the firm's distillery at_______Dated this_______________ day of____________ 19_______________________ Excise and Taxation OfficerInspectorToThe Collector,_____________ District.Form B-11Abstract of brewing operations during the quarter ending__________ 19_____________ in the brewery(To be prepared by the Brewery Inspector and to be submitted to the Financial Commissioner not later than the 2nd of the month succeeding the quarter).
Number of brewings during the quarter Materials used in the brewing
  Malt Unmalted corn Sugar Hops Hops-substitute
  Bushels Bushels Kilograms Kilograms Kilograms
           
Worts produced from materials Percentage over or under materialscharge Net litres charged with duty Amount of duty Remarks
Actual Bulk litre Actual bulk litres calculated at 1055 Charge from materials calculated at 1055 Rs. [N.P.)
               
Date _________ _________InspectorExamined _________ CollectorForm B-12General Register_________ Brewery