Section 3 in U.P. Licences for the Possession of Undenatured Spirit, Bhang and other Excisable Articles for Medicinal and Toilet Preparation Purpose Rules, 2019
3. Licences.
(1)Licences for the possession of Undenatured Spirit, Bhang and other excisable articles for manufacturer of medicinal and toilet preparations may be granted in Form FL-49 as appended to these rules. The Licence in Form FL-49 shall be generally valid for the whole or any part of every three consecutive financial years for which it is granted or renewed. The Licence holder shall be duty bound to comply with the terms and conditions of the Licence and follow the orders and instructions issued from time to time by the Excise Commissioner in this behalf.(2)The Licence fee on undenatured spirit, self-generated alcohol and Bhang shall be leviable at such rate as may be fixed by the State Government from time to time. The licence fee shall be deposited in Government Treasury under the appropriate head of account by the Licencee at the time of taking issue of undenatured spirit from the distillery. In case of medicianl preparations containing self-generated alcohol, it shall be deposited by the Licensee before the bottling. The licence fee on Bhang shall be deposited by the Licensee before it is issued from the Bonded Warehouse.(3)The Licencee in Form FL-49 shall be granted or renewed by the Excise Commissioner in favour of the Licensed manufacturing units of such approved Ayurvedic, Unani, Allopathic and Homoeopathic medicinal and/or toilet preparations which contain alcohol or Bhang and/or other excisable articles as a necessary ingeredient or which contain self-generated alcohol on payment of Rs 5000 for a financial year or any part thereof.(4)No licence in Form FL-49 shall be granted or renewed in favour of a medicinal or toilet preparations manufacturing unit unless it holds a valid and requisite manufacturing Licence under the Drugs and Cosmetics Act, 1940.(5)Every application for grant or renewal of FL-49 licence shall be submitted in Form FL-48 to Excise Commissioner through District Excise Officer of the concerned district as appended to these rules. On receipt of the application the Excise Commissioner may make such further inquiries as is deemed necessary. If the applicant unit is found suitable for the grant or renewal of licence, the Excise Commissioner shall grant or renew the licence.(6)(a)Every licensee shall have a separate room for storage of undenatured spirit and Bhang in licensed premises;(b)All the tanks and vessels for storage of undenatured spirit shall be gauged accurately and must be fitted with proper dipping rods. Gauge chart shall be computed to show the contents of every 1 centimetre and 2 millimetre of its depth. The gauge chart shall be approved by an officer authorised by the Excise Commissioner for this purpose.(c)Undenatured spirit shall be stored in one or more tanks or vessels in the spirit room and after every transaction its dip shall be recorded in concerned dip books;(d)No spirit or Bhang shall be removed from the storage room except for manufacture of medicinal or toilet preparation. Stock register of spirit and Bhang shall be maintained by the licensee;(e)Quantity of undenatured spirit or Bhang removed from the store room for manufacture of medicinal or toilet preparation shall be entered in the stock register as prescribed by the Excise Commissioner and in case of undenatured spirit, after transaction, accurate dip of the storage tank shall also be recorded in concerned dip book;(f)Every container of a finished preparation shall bear a label showing the name of the preparation, its batch number, percentage of pure Alcohol or Bhang content and the date of it's manufacture and on completion of production, be stored in bulk in jars or bottles each containing not less than 2273 millilitre. Such preparation may be filled in bottles or containers of not less than 30 millilitre. The Excise Commissioner may by a written order relax such condition;(g)The licensee shall maintain accounts of manufacture and sale of medicinal and toilet preparations along with the names of the buyers in the manner as prescribed by the Excise Commissioner.(7)The Excise Commissioner may cancel the licence at any time if it is established to his satisfaction that the licenced manufacturing unit is involved in misusing the undenatured spirit and Bhang.
