Section 703 in Rules under the United Provinces Excise Act, 1910
703.
(1)No spirit shall be manufactured and no person shall, use, keep or have in his possession any material, still implement and apparatus whatsoever, for the purpose of manufacturing spirit except under the authority and subject to terms and conditions of licence granted by the Excise Commissioner in Form P.D. 1 or P.D. 2. A licence to work a distillery in premises owned by the Government shall be granted in Form P.D. 1 whereas a licence to work a distillery in a premises owned by any person other than the Government shall be granted in Form P.D. 2.(2)An application for the grant of the aforesaid licences shall be in Form P.D. 34 and shall be submitted to the Excise Commissioner within one year from the date of grant of licence in Form P.D. 33 unless specially permitted otherwise.(3)Before the licence in Form P.D. 1, or P.D. 2, as the case may be, is granted, an Excise Officer authorised by the Excise Commissioner shall inspect the premises, etc. and compare the same with the plants and certify accordingly.(4)[ No licence in Form P.D. 1 or P.D. 2 shall be granted until the applicant has-] [Substituted by Notification No. 2323/97-B-88-89, dated March 31, 1989, published in U.P. Gazette, Part I-ka, dated 10th June, 1989.](a)satisfied the Excise Commissioner that the proposed building, vessels, plant and apparatus to be used in connection with the manufacture of spirit and its storage and issue are strictly in accordance with the rules made in this behalf and are in conformity with the plans submitted by the applicant and further that the precaution has been taken against fire;(b)deposited security of [Rs. 1,00,000 (Rs. one lakh)] [Substituted by Notification No. 11185/IX-PD-2/Navinikaran, dated March 31, 1995.]; and(c)deposited the licence fee at the rate of [Rs. 15.00 (Rs. fifteen)] [Substituted by Notification No. 11185/IX-PD-2/Navinikaran, dated March 31, 1995.] only per kilolitre of installed production capacity in advance for the year or part thereof for which the licence is granted.For distilleries having an yearly installed production capacity of 1,000 kilolitres or less a licence fee at the rate of Rs. 3 (Rupees three only) per kilolitre of installed production capacity shall be less than Rs. 2,000 (Rupees Two thousand) and for the distilleries having an yearly installed production capacity of over 1,000 kilolitres, a licence fee at the rate of Rs. 2.50 paise (Rupees two and fifty paise only) per kilolitre of installed production capacity shall be payable subject to a minimum of Rs. 4,000 (Rupees Four thousand only).(5)The aforesaid licence shall be granted subject to the following conditions :(a)It will be open to the Excise Commissioner to verify at any time the description and plans mentioned in sub-rule (4) and on proof of error, to require fresh ones to be submitted, such verification may be made by any officer deputed for the purpose and such officer shall be allowed full access to the premises. A duplicate of the distillery plans approved by the Excise Commissioner shall be provided by the distillery, to be filed in the office of this distillery Inspector concerned.(b)No alteration or addition shall be made in or to such buildings or in or to such stills and other permanent apparatus, without the permission of the Excise Commissioner.If alterations are sanctioned fresh descriptions and plans of the same must be filed. If the Excise Commissioner so directs, officer-in-charge of distillery may permit minor alterations to be made to such buildings or stills and other permanent apparatus subject to his subsequent approval.
