State of Rajasthan - Act
The Rajasthan Brewery Rules, 1972
RAJASTHAN
India
India
The Rajasthan Brewery Rules, 1972
Rule THE-RAJASTHAN-BREWERY-RULES-1972 of 1972
- Published on 9 January 1973
- Commenced on 9 January 1973
- [This is the version of this document from 9 January 1973.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
- These rules may be called the Rajasthan Brewery Rules, 1972 and shall come into force with effect from the date of their publication in the Gazette.2. Definitions.
- In these rules, unless the context otherwise requires,-3. [ Grant of 'No Objection Certificate. [Substituted by Notification No. G.S.R. 86, dated 28.1.2006 (w.e.f. 12.1.1973).]
- Any person desiring to construct and work a brewery shall first apply for grant of no objection certificate to the Excise Commissioner through the District Excise Officer concerned after having deposited the fee prescribed for this/ purpose. Excise Commissioner, subject to general or specific instructions of the State Government, may issue 'no objection certificate.4. Grant of permission for construction.
- The holder of no objection certificate' shall seek the permission of Excise Commissioner for construction of brewery after having completed the formalities prescribed by Excise Commissioner in this behalf and depositing the fee prescribed for this purpose. Along with the application, the applicant shall file a plan and full description of his premises and vessels, clearly specifying the purpose of, and distinguishing mark on each room and vessel. Excise Commissioner, if he is satisfied that there is no objection to doing so, may grant permission for construction by way of licence in form RB 1 (A).5. Grant of licence for working of brewery.
- On receipt of intimation of completion of construction from the person holding licence in form R.B. 1 (A) and after satisfying that fee prescribed for this purpose has In c deposited and there is no objection to doing so, Excise Commissioner may grant licence m Form R.B. 1 (B) for manufacture of beer.]6. Power to refuse or grant licence.
- The Excise commissioner shall have power to grant or refuse any application for licence or for renewal of a licence having regard to actual requirements in the State.7. [ Permission for addition alteration. [Substituted by Notification No. G.S.R. 86, dated 28.1.2006 (w.e.f. 12.1.1973).]
- Any addition to or alteration of brewery plant or building shall be made with the prior permission of Excise Commissioner and no such permission shall be given unless the fee prescribed for this purpose has been deposited.]8. Forfeiture of and deduction from the security deposit.
- In the event of any breach of the Excise laws for the time being in force being proved against the brewer of any person in his employ or acting on his behalf, the Excise Commissioner may forfeit the whole or part of the security deposit and may also cancel the brewery licence. The Excise Commissioner may also direct deduction therefrom all sums which may become due to the State Government by way of duty, licence fee, penalty of fine.9. Renewal of licence.
10. Unrenewed licences to be void.
- Unrenewed licences shall be null and void and the beer produced in the brewery after the expiry of the licence shall be liable to seizure and confiscation and the parties working the brewery to the penalties provided by law for illicit brewing:Provided that in the event of renewal of licence being refused, permission may be granted for continuing operations temporarily for a reasonable time, pending an appeal or revision, as the case may be, before appropriate authority.11. Transfer of licence.
- Every licence shall be deemed to have been granted or renewed personally to the licensee and no licence shall be sold or transferred without obtaining the previous permission in writing of the licensing authority.12. Removal of beer etc. after expiry of licence.
- On the expiry of his licence unless a fresh licence is granted to him or if his licence is cancelled or suspended the brewer shall be bound forthwith to pay duty on and to remove all Beer remaining within the brewery in accordance with the rules in force. Failure to do so within 10 days of receipt of written notice from the District Excise Officer shall entail on the brewer the liability of meeting the cost of any establishment which it may be necessary to employ at the brewery. In the event of the failure continuing for more than three weeks, the beer shall be liable to be forfeited at the discretion of the Excise Commissioner.13. Office for officer-in-charge to be provided by the brewer.
- The brewer shall provide, within the brewery enclosure an office for the officer-in-charge duly equipped with office furniture and no rent shall be chargeable therefor.14. Residential quarters for Excise Supervisory Staff to be provided by the Brewer.
- The brewer shall also provide rent free residential quarters to the satisfaction of the Excise Commissioner for the Government Excise Establishment posted to the brewery.15. Government not liable for loss, etc., of beer in a brewery.
- The State Government shall not be liable for the destruction, loss or damage of any beer stored in a brewery by fire or theft, or by gauging or by any other accident, cause whatsoever. In case of fire or other accident the officer-in-charge shall immediately attend to open the premises at any hour of the day of night.B. General Arrangement and Management of Breweries16. Distinguishing mark to be painted on each room, place and vessel.
- On the outside of the door of every room and place in which business is carried on, and on some conspicuous part of each vessel, there shall be legibly painted in oil colour the name of vessel, utensil, room or place according to the purpose for which it is intended to be used. If more than one room or vessel is used for the same purpose each shall be distinguished by a progressive number.17. Manner of fixing of vessels.
- Mashtuns under backs wort receivers, coppers and collecting and fermenting vessels shall be so placed and fixed that contents of each can be accurately gauged or measured.18. All mashtuns and other vessels to be gauged.
- All mashtuns and fermenting vessels shall be gauged jointly by the officer-in-charge and the licensee. Tables in Form R.B. 2 shall be prepared by the officer-in-charge showing the total capacity of each vessel in litres (or in case of mashtuns, in imperial bushels) and the capacity of each tenth of centimetre in depth.19. Placement of mashtuns, etc., to admit of gauging and alterations to be intimated to the officer-in-charge.
- All mashtuns, underbacks, coolers fermenting vessels and settling backs shall be so placed and fixed as to admit of their contents being accurately ascertained by gauge or measure and shall not be altered in shape, position or capacity without two days notice in writing to the officer-in-charge.20. Re-gauging necessary after alteration in placement of mashtuns, etc.
- No vessel which has been altered in shape, position or capacity shall again be taken into use unless it has been re-gauged by the officer-in-charge and new tables worked out by him, if necessary.21. Brewers to provide weights, scales and other appliances.
- The brewer must provide and maintain adequate number of scales in good working order and weight of correct specification and other necessary and reasonable appliances to enable the officer-in-charge and other officers to take account of or check by weight gauge or measure, all materials and liquor produced in brewing and provide sufficient lights, ladders and facilities to enable the excise staff to perform their duties.C. Control of Breweries22. Excise Commissioner to appoint officer-in-charge of brewery.
- Every brewery shall be placed by the Excise Commissioner under the charge of an Excise Inspector to be designated as officer-in-charge of the brewery. The Excise Commissioner will, further, appoint such other officers of the Excise Department as he may deem fit to the charge of breweries. The pay of all such officers shall be met by the Government.23. Control.
- The officer-in-charge will, unless otherwise directed work under the supervision of, and correspond with the District Excise Officer in whose jurisdiction the brewery lies. In all ordinary matters regarding the working of the breweries, the brewers should, in the first instance, apply to the officer-in-charge who will, if necessary, secure orders.24. Control of officer-in-charge over admittance and behaviour of persons to brewery premises.
- Rules governing admittance and behaviour of persons within distillery premises, shall apply, mutatis mutandis, to admittance within brewery premises of persons and their behaviour within the premises.25. Hours of attendance and holidays to excise officials.
- Rules governing the hours of attendance of excise officials posted to distilleries, holidays allowed to them and over-time work by them shall govern excise officials posted to breweries also.26. Special duties of officer-in-charge posted to brewery.
- It shall be the special duty of the officer-in-charge to see that-27. Instruments to be supplied.
- The officer-in-charge shall place indent on the Excise Commissioner through the District Excise Officer for instruments, such as Saccharometers and thermometers, as are necessary and will maintain an account thereof in Form R.B. 5. He will be responsible for their safe custody, and if any instrument is broken or lost for want of proper care, he may be required to make good such loss or damage.28. Brewery open to inspection by officers.
- The brewer shall, at any time permit the Commissioner, Excise, District Excise Officer or any Officer of the Excise Department not below the rank of Excise Inspector, in whose jurisdiction the brewery lies, to inspect and examine his brewery, the premises, warehouses, utensils connected therewith, any room, place or utensils and the beer made or stored therein and shall render the inspecting officer all proper assistance in making such inspection and examination.29. Notice before brewing.
- The Excise Commissioner may require any brewer to send to the officer-in-charge forty eight (48) hours before brewing, a written notice of his intention to brew.30. Use of deleterious matter prohibited.
- The Excise Commissioner, may prohibit the use of any material in the manufacture of beer, which in his opinion, is of deleterious nature.31. Analysis of sample.
- The Officer-in-charge or any inspecting officer may take without payment for the purpose of analysis, samples of any beer or material used in the manufacture thereof and all expenses in connection with packing, despatching, chemical analysis etc. shall be borne by the brewer.32. Sampling.
- All samples taken will be recorded by the officer-in-charge in the register in Form R.B. 6 and will be forwarded by him direct to the Chief Public Analyst, Government of Rajasthan, Jaipur along with an advice note, stating the nature of the examination or analysis required.D. Mode of Working33. Brewer's Book.
- The brewer shall keep a book in Form R.B. 4 and shall observe the following rules in relation to it and to the entries to be made therein.34. Produce of any brewing not to be fixed with that of another unless accounted for.
- The brewer shall keep the produce of any brewing separate from the produce of any other brewing unless an account (regarding bulk and gravity) of each has been taken by the officer-in-charge.34A. [ Beer yield efficiency. [Inserted by Notification No. G.S.R 88, dated 11.10.2017 (w.e.f. 12.1.1973).]
35. Notice be given when mixing to take place.
- The brewer shall not mix the produce of one brewing with that of another except in store vats or casks, unless he shall have given previous notice in writing to the officer-in-charge. When mixed the brewer shall specify the quantity and gravity of the resultant mixture.36. Time prescribed for grain to remove in mashtuns after the worts are drawn off.
- All grain in a mashtun must be kept untouched for one hour after the time entered in the book as the time for the worts to be drawn off, unless the officer-in-charge has attended and taken account of such grain.37. Worts to be drawn off in the order of production.
- All worts shall be removed successively, and in the customary order of brewing, to the under back, copper coolers and fermenting vessels and shall not be removed from the last named vessel until an account has been taken by the officer-in-charge or until after the expiry of twenty four hours from the time at which the worts are collected in these vessels.38. Time fixed for collection of the product of brewing.
- When worts shall have commenced running into a fermenting vessel, the whole of the produce of the brewing shall be collected within eighteen hours.39. Extraction of spirit from refuse prohibited.
- No liquor except beer shall be manufactured within the brewery premises. No attempt shall be made to extract spirit from grain or the refuse of the brewery.40. Addition to beer of material other than fining prohibited.
- The brewer shall not dilute, adulterate or add anything to beer except finings or other matters sanctioned by the Excise Commissioner.[Provided that Excise Commissioner grant permission for conversion of high gravity beer to low gravity beer by addition of [De-Aerated] [Added by Notification No. G.S.R. 27, dated 20.4.2018 (w.e.f. 12.1.1973).].]E. Issue of Beer41. Beer not to be issued until duty paid or bond executed.
- No beer shall be removed from a brewery until the duty imposed under section 28 of the Act has been paid or until a bond under section 18 of the Act in Form R.B. 11 or R.B. 12 has been executed by the brewer for export of beer outside the State, direct from the brewery.42. Modes of realising duty.
- Duty shall be realised in either of the two ways, viz.,-43. Mode of tendering duty in cash.
- If the brewer wishes to pay duty in cash he shall present an application in Form R.B. 7 in triplicate at the treasury or sub-treasury, as the case may be. Correctness where of shall be duly verified by the officer-in-charge. The accountant of the treasury or sub-treasury shall, after verifying that the amount tendered has been deposited with the treasurer, fill up the figure in the endorsement in all the copies of the application. He shall then present them to the officer-in-charge of the treasury or sub-treasury who shall sign them in token of receipt of the amount tendered and stamp them. One copy of the application shall then be given to the applicant and the second copy forwarded to the officer-in-charge of the brewery and the third copy retained for record.44. Payment of duty from brewer's advance deposit.
- Brewers are permitted to make advance payments on account of excise duty on beer to be removed from time to time from the brewery. Such removals shall be permitted up to the limit of advance, without separate payment of duty on account of each consignment of beer removed. No original advance deposit shall be of less than Rs. 3,000/-, and if each time an advance is replenished, it must be of a sum which brings it up to not less than that amount.45. Form of application for removal of beer against advance deposit.
46. Removal of beer from brewery not permitted save under a pass.
- No beer shall be removed except under a pass in Form R.B. 10 granted by the officer-in-charge empowered in this behalf. The pass shall be issued either on proof of full payment of duty or proof of execution of bond. It shall be in triplicate, one copy shall be made over to cover the transport or export, the second forwarded to the District Excise Officer of the District of import or transport and the third retained for record.47. Mode of issue of beer from brewery.
- Issues may be made from the brewery as under:-48. Pass required for export under bond.
- Any person may export under bond beer manufactured at a brewery in Rajasthan to any place in India under a pass in Form R.B. 10 granted by the officer-in-charge of the brewery empowered in this behalf and in accordance with the rules relating to export of foreign spirit under bond. The general bond to be executed shall be in Form R.B 11 and the special bond in Form R.B. 12.F. Allowable Wastage and Refund of Duty49. Destruction by accident.
- When any malt liquor on which duty has been charged or paid is destroyed by accidental fire or other unavoidable causes while the same is on the specified premises of a brewer, as given in his entry, the State Government may on proof of such loss to their satisfaction, remit or order to be repaid the duty so charged or paid.50. Refund of duty.
51. Beer on which refund of duty is claimed may be examined.
- In the case of refunds on beer returned to the brewery of issue, the District Excise Officer may require the applicant to produce, in whole or part, the beer on which refund of duty is claimed, and may have any portion of the beer on which refund is claimed, tested or analysed in any way he thinks fit; and may depute any officer to make any inquiry or examination concerning the said beer which the District Excise Officer may consider necessary.52. Quarterly account.
- On the 7th of the first month after the close of each quarter of the excise year, an account in Form R.B. 15, shall be forwarded by every brewer to the District Excise Officer of the charge, in which shall be shown the total quantity of the beer returned unsold to brewery and the amount claimed or received as refund of duty. The District Excise Officer shall, after testing the correctness of the entries forward a copy to the Excise Commissioner for record in his office on the 15th of the month succeeding the close of the quarter.53. Quarterly examination of stock.
- The accounts of a brewery and the stock of beer in hand in the brewery shall be examined by the District Excise Officer once a quarter. If the quantity of the beer in stock in the brewery on such examination be found to exceed the quantity shown as in hand in the stock account, the brewer shall be liable to pay duty on such excess at double the rate prescribed for ordinary issue. If the quantity be found less than that shown in the stock account, the cause of the deficiency shall be inquired into and the result reported to the Excise Commissioner, who may direct the levy of a fine not exceeding double the amount represented by the duty on such defect. Provided that any deficiency not exceeding 10 percent, shall be disregarded, allowance to the extent being made to cover loss in bulk due to evaporation, sullage and other contingencies within the brewery. This allowance shall be calculated upon the amount represented by the actual ascertained balances in hand at the date of the last stock taking, together with the total quantity since manufactured or received, as shown in columns 2 and 3 of the register of manufacture and issue (Form R.B. 16).G. Supervision54. Inspection by District Excise Officer.
- The District Excise Officer-in-charge will inspect the brewery at least once in every two months.55. Trade secrets.
- The officer-in-charge is strictly enjoined to abstain from divulging to any person the nature or extent of the brewer's operations.56. Gauging of mashtun.
- Mashtuns should be gauged by the dry method, the measurements being taken above the false bottom, but the tables should be worked out by the wet method, that is from the top of the false bottom, and no drip need by taken into account.57. Intermediate gauges and gravities in breweries to be checked only.
- All gauges and gravities taken during the course of a brewing are to be deemed checks only, and should not form the basis of any charge for duty or calculation of out-turn.58. Officer-in-charge not to ascertain dips and gravities for licensees.
- The officer-in-charge may not ascertain for the licensee the quantity or gravity of any worts collected.H. General59. Registers to be maintained by the officer-in-charge and the brewer.
- The following registers shall be maintained in a brewery-60. Submission of Annual Statement of Brewery.
- Every brewer shall submit to the District Excise Officer through the officer-in-charge a statement in duplicate, in Form R.B. 18 relating to his brewery in respect of the excise year by 1st July. The District Excise Officer after satisfying himself that the entries made are correct, shall forward one copy of the Statement to the Excise Commissioner, by July 15. The Excise Commissioner shall submit to the State Government by August 15, a consolidated statement in Form R.B. 18.61.
The brewer shall be bound to report to the officer-in-charge any case in which any person employed by him has been found to have committed any breach of the excise laws or of the terms and conditions of service regulating his employment.[Form R.B. 1(A) [Substituted by GSR 158 [28-8-75].][Rule 4 and 5(a)]Licence to Construct and to Establish a BreweryName of the licence holder(s)...........Licence is hereby granted to.............. resident(s) of........to construct and to establish a Brewery at............... Subject to Rajasthan Brewery Rules, 1972, and to such other rules as may from time to time be made by the Excise Commissioner.The licence shall be valid for excise year.......the licensee shall apply to the Excise Commissioner on or before February 28, in each year, the renewal of their licence for the Excise year following till the construction and establishment is complete and licence in form R.B. 1(B) is obtained by the licensee.Dated:Excise Commissioner,Rajasthan, Udaipur.Form R.B. 1(B)[Rule 2(c), 5(b), 7(1) and 26(i)]Licence to work a Brewery in PrivateName of the licence holder(s)...........Licence is hereby granted to............resident(s) of..................to manufacture beer in brewery situated at...........subject to Rajasthan Brewery Rules, 1972 and to such other rules as may from time to time be made by the Excise Commissioner for the security of excise revenue and for regulating the manufacture, sale, supply and prices of beer. The infraction of any of the rules, hereinbefore enumerated shall involve forfeiture of the licence in addition to such other penalties as may be prescribed under the Rajasthan Excise Act, 1950.The licence shall be valid for the Excise year.........The brewery shall apply to the Excise Commissioner through the Districts Excise Officer on or before February 28, in each year for the renewal of their licence for the excise year following.Any modification or expansion of the plant, vessels and other apparatus may be made only with the prior permission of the Excise Commissioner.Dated..............]Form R.B. 2[Rules 18, 59(a)(ii)]Register of Gauging Tables| Depth | Diameters | ||||
| 1 | 2 | 3 | 4 | Mean | |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Encumbrances | Area | ||
| Depth | Areas | Gross | Net |
| 7 | 8 | 9 | 10 |
| Tabulation | ||||||
| Contents in litres | Dry Centimeters | Litres | Area of a tenth of a Centimeters | Dry Centimeters | Litres | Area of a tenth of a Centimeters |
| 11 | 12 | 13 | 14 | 15 | 16 | 17 |
| Here enter full particularsof each room or place orvessel. | .................................................... |
| A plan as required by rule 3(2)of theRajasthan Brewery Rules,1972 is attached hereto. | |
| Name............................... | |
| Date................................. |
| When entry made | Number of brewing | Notice to | ||||
| Date | Hour | Mash malt or corn | Dissolve sugar | |||
| Date | Hour | Date | Hour | |||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Quantity to be used of | ||||
| Malt | Un-malted | Corn Sugar | Hops | Hop substitute |
| Decalitres | Decalitres | Kilograms | Kilograms | Kilograms |
| 8 | 9 | 10 | 11 | 12 |
| Time when wort will be drawn off grants in themashtun | Worts collected | ||||
| Date | Hour | When collected | Vessels | ||
| Date | Hour | Number | Name | ||
| 13 | 14 | 15 | 16 | 17 | 18 |
| Dip | Initials | |||
| Gravity | Brewer's | Inspector's | Remarks | |
| 19 | 20 | 21 | 22 | 23 |
| Date of receipt | Number of pieces | Initial cost (purchase price) | Initial of Officer Incharge | Date of inspection | Remarks about the condition of the article, etc.as found at time of inspection. Orders regarding condemnation,etc. |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Details of article/property number of piecesdisposed of | Date of disposal | Value realised | Number & date of Treasury challan | Initials of Officer Incharge | Remarks regarding reference to papers, etc. |
| 7 | 8 | 9 | 10 | 11 | 12 |
1. This form should be ruled on ordinary foolscap papers. The same stock book may be used for a number of years.
2. A separate page (or more pages than one where a large number of receipts of the article are expected) should be assigned to each class of article.
3. Every article must be entered in the proper stock book immediately on receipt.
4. Every entry should be initialled by the official concerned.
5. Whenever an article is condemned, a note about the condemnation should be recorded in column 6.
6. The number of articles should be totalled at the end of each page and also on the expiry of the financial year.
Form R.B. 6[Rules 32, 59(a)(i)]Register of Samples of malt worts etc. taken for analysis| Serial No. | Description of sample | Purpose for which taken | Date when taken | If worts or beer, initial gravity | Date of receipt of report from the ChemicalExaminer | Result of analysis |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Quantity in bulk-litres | Contained in barrels, quarts, pints, half pintsetc. (give description number etc. of each) | Rate of duty per bulk litre | Total amount of duty to be realised |
| 1 | 2 | 3 | 4 |
| Name and address of consignee | Description of beer with the name and number ofcontainers | Quantity | Amount of duty to be debited against advancedeposit |
| Rs. P. | |||
| Balance of advance outstanding to the credit of the brewer. | |||
| Amount paid in advances as per challan No............... | |||
| Dated........... | |||
| Ditto. | Ditto. | No. | Date |
| Total | |||
| Deduct duty on issues shown hereunder. |
| Issues | |||||
| Pass No. | Duty | Progressive total | Pass No. | Duty | Progressive total |
| Rs. P. | Rs. P. | Rs. P. | Rs. P. | ||
| Pass for removal of beer from brewery | |
| Pass for the removal of beer | |
| From Sarvashri........................................... | |
| Brewery | |
| No................. | Date............................19 |
| Current up to: | |
| 1. Name ofconsignor | ….............................. |
| 2. Name ofconsignee | ….............................. |
| 3. Name ofplace to which issued | ….............................. |
| 4.Description of the container with number of and quantity in each | ….............................. |
| 5. No. &date of permit (if any) | ….............................. |
| 6. Amount ofduty realised | ….............................. |
| 7. Under bond | ….............................. |
| Officer-in-charge,Brewery. |
| Month | Issue from Brewery | Returned Unsold Issued As | |||
| Duty prepaid | Under bond for payment | Duty prepaid | Under bond for payment | Total returned unsold columns 5 & 6 | |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Litres | Litres | Litres | Litres | Litres | |
| Total for quarter |
| Payments | Remarks | ||||
| In advance in col. 2 | At close of quarter on issues in col. 2 | Total payments | Refunds claimed and admitted each quantity incolumn | Amounts secured by bond | |
| 7 | 8 | 9 | 10 | 11 | 12 |
| Litres | Rs. | Rs. | Rs. | Rs. | |
| Total for quarter |
| Date | Balance at beginning of day | Quantity manufactured | Issues | |||
| Quantity issued | Person to whom consigned | Place to which consigned | Balance at close of day | |||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Quantity returned unsold | Original gravity | Date of issue | Date of return |
| 1 | 2 | 3 | 4 |
| Person by whom returned | Place from which returned | Cause of return | How dispose of | Date of disposal |
| 5 | 6 | 7 | 8 | 9 |
| Serial No. | Name of town or station at which located | Year in which established | Average Daily number of persons employed duringthe year | Estimated out-turn in litres of malt liquorduring the year | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 |