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State of Tripura - Section

Section 258 in Tripura Excise Rules, 1962

258.

Infringement of any condition of a licence, pass, permit, etc., issued by the Excise Department by the holder of such licence, permit, pass, etc., entail revocation of the licence, pass, permit, etc., in addition to the punishment provided under the Act.AppendixForm A[See Rule 236]Licence to establish a warehouse for the manufacture, storage in bond and wholesale vend of "Mritasanjibani Sura (Sudha) and "Mritasanjibani"(The counterpart agreement of this licence to be signed by the licensee and filed in the Collector's office)............resident of.............. is hereby authorised by the undersigned to establish a private warehouse at for the manufacture by fermentation and distillation, storage, in bond and wholesale vend of Ayurvedic medicated wines, to wit "Mritasanjibani" hereinafter referred to as " the preparations", from........... till 31st March,.......It is required of the holder of licence hereinafter called "the licensee" as a condition of its remaining in force that he duly and faithfully perform and abide by the following conditions :
(1)That the licensee shall be bound by the provisions of the Bengal Excise Act, 1909 as extended to the Union Territory of Tripura and by all notifications issued and rules made under the said Act in so far as they are applicable to this licence and by all special orders which may be issued by the Excise Commissioner regarding the aforesaid and also by all the rules and orders which may be issued from time to time by the Chief Commissioner of Tripura or by the Excise Commissioner in connection with the manufacture of the preparations and shall cause all persons employed by him to obey such rules.
(2)That the licensee shall provide within the warehouse the following rooms to the satisfaction of the Excise Commissioner each of which, except the fermentation room and the still room when the still therein is not charged with wash, shall be under the separate locks and keys of the officer-in-charge and of the licensee :
(i)A well-ventilated fermentation room.
(ii)A still room.
(iii)A room where receivers may be installed in a separate enclosure and bottling carried on.
(iv)One or more rooms for the storage of the preparations.
(3)That the plants, utensils and permanent apparatus within the warehouse shall be of such description and number as the Excise Commissioner may approve and maintained by the licensee in proper conditions.
(4)That no addition or alteration to the warehouse or to the permanent fixtures therein shall be made by the licensee without the previous sanction of the Excise Commissioner.
(5)That the preparations shall be manufactured under the personal supervision of a qualified Kabiraj in accordance with the recipes laid down in Arkaprakash, Ayurved Sangraha or Vaisaja-Ratnabali.
(6)That the licensee shall not remove fermented wash from the warehouse or bring into it any such wash from outside.
(7)That except in case of trade samples intended for free distribution the licensee shall put up the preparations only in reputed quart and pint bottles, nips containing (not less than 60 ml. per quart and 298 ml. per pint and 170 ml. per nip).
(8)That the licensee shall not bottle the preparations for sale at any strength exceeding 42 per cent proof or beyond the normal strength and margins that may be fixed by the Excise Commissioner.
(9)That the licensee shall not flavour the preparation with any substance other than those included in the recipes.
(10)That the licensee shall not store in the warehouse any quantity of the preparation exceeding the limit fixed by the Excise Commissioner.
(11)That the licensee shall not store in the warehouse any spirituous substance other than the preparations.
(12)That the licensee shall not take issue of the preparation from the warehouse unless and until their true spirit strength and fitness for consumption have been declared.
(13)That the licensee shall provide such rent-free quarters for the Excise establishment attached to the warehouse and pay such establishment cost as the Excise Commissioner may direct.
(14)That as security for fulfillment of these conditions the licensee shall deposit with the Administration a sum of Rs. 250 and shall execute a deed hypothecating to Government the premises, plants, utensils,etc., together with the stock of raw materials and finished preparations in the warehouse.
(15)That in the case of breach of any of the rules or orders, referred to in condition (2) (i) above or any of the conditions of the licence, or in case of any attempt, by altering the capacity of the receptacles or otherwise to deceive the officer-in-charge of the aforesaid warehouse in any manner by the licensee or by any person employed by him the licensee will be liable to the penalties prescribed by the rules made from time to time under Section 86 of the Bengal Excise Act, 1909 as extended to the Union Territory of Tripura.CollectorCounterpart AgreementI,.............the above mentioned licensee, for myself and my heirs, legal representatives and assignees hereby agree to bind myself to perform and observe all the terms and conditions hereinbefore written and expressed.DateSignatureWitnessForm B[See Rule 252]Licence for the bottling of "Mritasanjibani Sudha", "Mritasanjibani Sura" and "Mritasanjibani"(The counterfoil to be signed by the licensee and filed in the Collector's office)District-Name of licensee................Locality where bottling is to be carried on.............resident of.........holding a licence for the manufacture, storage in bond and wholesale vend of "Mritasanjibani Sudha", "Mritasanjibani Sura" and "Mritasanjibani" is hereby authorised by the undersigned Collector of...........to bottle the aforesaid preparation in the private warehouse at.............mentioned in his licence from............to 31st March............It is required of the holder of the licence as a condition of its remaining in force that he duly and faithfully perform and abide by the following conditions and by the provisions of the Bengal Excise Act, 1909 as extended to the Union Territory of Tripura and by all Notifications and rules which have been or which may from time to time be published or made thereunder, so far as they are applicable to this licence :
(i)That he carry on the bottling operation only in the bottling room of the private warehouse mentioned above.
(ii)That he bottle the above named preparations at spirit strengths neither exceeding 42 per cent proof nor beyond the limits that may be fixed by the Excise Commissioner by means of suitable normal strength and allowance margins.
(iii)That except in the case of trade samples intended for free distributions he put up the preparations in only quart and pint bottles and nips containing not less than 611 ml. per quart and 298 ml. per pint and 170 ml. nip.
(iv)That each bottle bears a label previously approved by the Excise Commissioner and be sealed and capsuled by the licensee to the satisfaction of the Excise Commissioner.
(v)That he maintain a regular, accurate and up to date account of all bottling operations in a form prescribed by the Excise Commissioner and keep the same in the custody of the officer-in-charge of the private warehouse.
(vi)That he remove the bottled preparations to the store room for finished preparation in the warehouse immediately after bottling and labelling, etc.
N.B. Infraction of any of the above conditions or any of the provisions of the Bengal Excise Act, 1909 as extended to the Union Territory of Tripura or any of the notifications published or rules made thereunder, so far as they are applicable to this licence, will subject the licensee to forfeiture of this licence as well as of the licence in Form No. 'A' held by him and to all or any of the penalties prescribed by law and rules.Dated Agartala, the............20CollectorForm B[See Rule 252]Licence for the bottling of "Mritasanjibani Sudha", "Mritasanjibani Sura" and " Mritasanjibani"CounterfoilName of the district-No. of licence in Register Name of the licensee-Locality where bottling is to be carried on-Received the licence of which this is counterfoil-DateSignature of licenseeForm 'C'[See Rule 252]Licence for the sale of medicated wines by a Kabiraj or Kabiraji firmNote - The counterfoil of this licence is to be signed by the licensee and filed in the Collector's Office).District........No. of licence in Register......Name of Kabiraj or Kabiraji firm........Locality of vend.................resident of.............thana........... district.......... and carrying on the business of Karbiraj or Kabiraji firm at......... is hereby authorised by the undersigned, Collector of ................to sell medicated wines bona fide as medicines at......... from to the 31st March, 20.It is required for the holder of this licence, as a condition of its remaining in force, that he duly and faithfully perform and abide by the following conditions and by the general conditions applicable to all Excise hereto annexed :I. That he pay to Tripura Administration, in advance a fee of Rs. 50 and that he pay the same into the Treasury/Sub-treasury at............II. That he do not alter the nature of any medicated wines or the labels under which he purchased the same, and that he do not reduce the strength of such medicated wines whether by the addition of water or by any other means whatsoever.III. That he do not sell medicated wines except in sealed and capsuled bottles having their seals and capsules intact and having a capacity of at least one full reputed pint; Provided that he may sell bottles opened by a competent Excise Officer for purposes of test if re-sealed by such officer.IV. That the medicated wines sold under this licence shall not contain more than 42% proof spirit.V. That he do not sell more than six reputed quart bottles to any person at one time ; provided that this condition shall not apply to sales of medicated wines to any chemist or druggist holding an Excise licence for the sale thereof.VI. That he do not allow any medicated wine to be consumed on his premises.VII. That he do not sell or deliver any medicated wine to any child apparently under the age of sixteen years, whether for consumption by such child or by any other person.VIII. That he report the Collector the arrival of every consignment of medicated wines within seven days of its receipt and at least 48 hours before it is opened stating the description and quantity of such liquor received.IX. That he do not store any medicated wine to be sold under this licence in any premises other than those named herein.X. That he do not sell medicated wine at a price below Rs. 4.50 nP. a quart, Rs. 2.25 nP. a pint and Re. 1.50 nP. a nip.N.B. Infraction of any of the above conditions or of the general conditions applicable to Excise licences will subject the holder of this licence to penalties prescribed by law or rule.Dated.........Collector, TripuraForm 'C'Licence for sale of medicated wines of Kabiraj or Kabiraji firmCounterfoilName of district......No. of licence in Register No........Name of Kabiraj or Kabiraji firm.........Locality of vend..........Current from to...........Date of licence...........Amount of fee paid in advance-Rs. 50.Received the licence of which this is the counterfoil and a copy of the general conditions applicable to all Excise licences.Dated.........Signature of licenseeForm IRegister of fermentation, distillation and receiver charge for the month of............ 20.
Date of setting up wash Fermenting vessel No. Serial No. of fermentation Name of the preparation Quantity of mollases used Quantity of water used Original gravity of wash Date of distillation
1 2 3 4 5 6 7 8
               
Bulk of wash after fermentation Final gravity of wash Details of other fermenting vessels contents ofwhich have to be distilled together with wash in Column 9 Total quantity of fermented wash distilled Date of hour of taking charge Receiver No. Dip before colouration and declaration ofstrength
Number in Col. 9 Bulk of fermented wash
9 10 11 12 13 14 15 16
               
Dip after colouration and declaration of strength Apartment strength found by hydrometer Strength declared by licensee Bulk as per Column 17 L.P. litres as per Columns 19 and 20 Date and hour of issue for bottling Remarks Initial of officer-in-charge
17 18 19 20 21 22 23 24
               
Form IIRegister of bottling for the month of............ 20.[See Rule 254]
Date of receiving the preparations for bottling From receiver No. to store Bulk litres Strength per cent proof L.P. litres Name of preparation Date of removing the finished preparation tostore Number of quarts Number of pints
1 2 3 4 5 6 7 8 9
                 
Details of bottle preparation Bulk litres corresponding to Cols. 8 to 13 Strength per cent preparation declared by thelicensee L.P. litres Batch No. Remarks Initial of the Excise Officer
Number of nips Cubic centimetre per quart Cubic centimetre per pint Cubic centimetre per nip Number of cases
10 11 12 13 14 15 16 17 18 19 20
                     
Form IIIRegister of stock ledger of bottled finished preparations[See Rule 254]Name of preparation...........
Date of storing Batch No. Details of container brought into store
Number of quarts Number of pints Number of nips Contents of each quart in cubic centimetre Contents of each pint in cubic centimetre Contents of each nip in cubic centimetre Case No.
1 2 3 4 5 6 7 8 9
                 
Quantity stored and to be accounted for Date of issue Requisition No. and date Issue or wastage
Bulk Strength L.P. litre Number of quarts Number of pints Number of nips Case No Bulk L.P. litres
10 11 12 13 14 15 16 17 18 19 20
                     
Balance after Issues Remarks Initial of the Excise Officer
Number of quarts Number of pints Number of nips Case No. Bulk L.P. Litre
21 22 23 24 25 26 27 28
               
Total daily issues Total balance in stock Remarks Initial of the Excise Officer
Date Duty paid L.P. litre Under bond L. P. litre Duty of free L.P. litre Date Bulk L.P. litre
29 30 31 32 33 34 35 36 37
                 
Form IVRequisition for issues.......Private warehouseDated.........ToThe Officer-in-charge,Dear Sir,The undermentioned issues for export/transport are required at....... a.m./p.m.Please arrange accordingly.
Name of preparation Batch No. Actual strength Number of quarts Number of pints Number of nips Cubic centimetre per quart Cubic centimetre per pint Cubic centimetre per nip
                 
Bulk litres L.P. litres Kind of issue To whom issued with address Amount of duty paid Challan No. and date No. and date Granting authority Remarks
                 
Issued under-Pass No........Dated..........Officer-in-chargeYours faithfully Manager