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State of Madhya Pradesh - Section

Section 4 in The M.P. Distillery Rules, 1995

4. Manufacture, Working & Control.

(1)The base from which spirit is to be manufactured, shall be approved by Excise Commissioner.
(2)The spirit (Excluding Denatured Spirit) to be manufactured shall be subject to chemical analysis. If found substandard or unfit for human consumption, it will be redistilled or rejected and destroyed, as the case may be, under the orders of the Excise Commissioner or an Officer authorised by him in this behalf, Distillery Officer of the distillery may stop, pending the orders of the Excise Commissioner the issue of spirit which he considers impure and may on every such occasion take samples of such spirit at the cost of the licensee for sending them for purposes of chemical analysis.
(3)The licensee shall establish his own laboratory within the distillery premises, will equipped and manned by qualified technical personnel. The laboratory shall conduct chemical analysis of the base from which spirit is manufactured. Samples of every batch of spirit manufactured in the distillery shall also be analysed in the laboratory before it is issued. The samples shall be drawn under the supervision of the Distillery Officer of the distillery. The expenses of the laboratory shall be borne by the licensee.
(4)The licensee shall maintain at the distillery the minimum stock of spirit as prescribed by the Excise Commissioner from time to time.
(5)The licensee shall maintain pucca pits or metal tanks for the storage of Molasses, Pits or tanks shall be properly gauged, covered and secured by boundary walls as per specifications laid down by Central Molasses Control Board, Government of India.
(6)Licensee shall be bound to make proper arrangements for treatment and disposal of effluent and all other waste matter in the manner as laid down by the Madhya Pradesh Pradushan Niwaran Mandal.
(7)Suitable residential accommodation for the Excise Staff, as prescribed by the Excise Commissioner, shall be provided free of rent by the Licensee within the premises of the distillery or in its vicinity.
(8)On receipt of an order in writing from the Excise Commissioner or an officer authorised by him, requiring to remove any defect in the distillery building or in the arrangements for storage, reduction, blending, of spirit, water supply etc. the licensee shall attend to it at once and shall remove the defect by the date specified in the order and on his failure to do so, he shall be liable to pay such penalty, as the Excise Commissioner may order.
(9)The Distillery Officer or other Excise Staff working in public holidays shall be entitled to an overtime allowance to be paid by the Licensee as per scales prescribe by Excise Commissioner.
(10)The Licensee holding licence in Form D-1 shall not, except with the written permission of the Excise Commissioner and on such conditions as he may impose, manufacture, denatured spirit.
(11)It shall be incumbent upon the Licensee to get the distillery building and all other buildings, structures, plant and machinery insured against fire and accident during the term of licence.
(12)The licensee shall also arrange for fire fighting apparatus at the distillery.
(13)No private individual shall be allowed to enter the distillery except after obtaining the permission of the distillery officer.
(14)The Licensee shall permit sample of the molasses or any other base used or spirits manufactured in the distillery to be taken for analysis under the orders of the Excise Commissioner or by any officer authorised by him to take samples.
(15)The Licensee shall afford all reasonable assistance to the distillery officer and his subordinates in carrying out their duties.
(16)The Licensee, unless he personally acts as manager, shall appoint a competent person as manager to act as his agent on his behalf. No such appointment shall be made without prior approval from the Excise Commissioner.
(17)If it is intended to close the distillery for a period of 15 days or more at a time, the licensee shall give notice in writing to the Distillery Officer of his intention to do so, not less than 15 days prior of the date on which it is intended to be closed.
(18)Where the distillery is to be worked at hours other than the ordinary working hours, the licensee may do so only upon giving a notice to the Distillery Officer in that behalf, or if night work is only occasional, upon giving notice to the Distillery Officer of not less than four hours before the ordinary closing hours of the day after which night working is to be done.
(19)The Licensee shall maintain the prescribed registers in accordance with instructions issued by Excise Commissioner from time to time and shall submit them for inspection if and when demanded by Excise Officer.
(20)If the Licensee required spirit for use in the laboratory attached to his distillery, he shall be entitled to remove the spirit to the laboratory without payment of any duty to the extent of 50 bulk litres per month:Provided that the spirit so removed shall not be used in the distillery laboratory otherwise than for experimental work connected with the distillery operation.
(21)The Licensee shall keep a regular account of the disposal of such duty free spirit which will be subject to examination of Excise Officers. All spirit which becomes waste in the laboratory and does not by the addition of any chemicals or otherwise become deleterious shall be returned to the distillery for redistillation.
(22)An application for every quantity of spirit required to be removed from the distillery under sub-rule (2) must be made in writing to the Distillery Officer, who shall record thereon the quantity and the strength of the spirit taken, and make a note of the same in his diary and other relevant distillery registers.
(23)If spirit removed under sub-rule (20) is used otherwise than as permitted under it, the licensee shall be liable to the imposition of penalty.
(24)All buildings, plant and machinery used for the manufacture and storage of wash and spirit shall be situated within the distillery premise's, where no other business except that of the manufacture, storage and issue of spirit shall be carried on.
(25)The Licensee shall provide for use in measuring spirit in the distillery and at the time of issue, such measures, gauging machine, weighing machine and other appliances as the Excise Commissioner may direct him to provide.
(26)The Licensee shall not make any alteration in the building, plant or machinery specified in the approved plan without the sanction of the Excise Commissioner:Provided that any minor and urgent alteration or repair may be made by the licensee under intimation to the distillery officer.
(27)No wash shall be prepared except within the distillery or removed from the distillery on any account. The licensee shall see that the saccharine material used by him is thoroughly dissolved when he sets up the wash. He shall submit a declaration in writing in the prescribed from to the Distillery Officer giving the actual saccharometric gravity corrected for temperature before fermentation commenced and the total quantity of wash made.
(28)The Licensee shall so arrange the stills that the spirit shall discharge into closed and locked receivers to be provided by the licensee and approved by the Excise Commissioner and shall be so constructed that no spirit can be removed from them until they are unlocked. The licensee shall also provide and maintain suitable and secure fastenings to all stills, spirit receivers, storage vats, fermentation room, doors and the like to the satisfaction of the Excise Commissioner in order to facilitate the attachment of revenue locks:Provided that he shall, on the requisition of any Excise Officer, remove his locks so as to allow the inspection of all stills, vats, receivers and rooms and of all the contents thereof.
(29)Each vessel shall have legibly painted on it in English and Hindi Languages its number, capacity and use to which it is applied and its details shall be properly registered by the Distillery Officer.
(30)No receptacle of which the contents are estimated by gauging device, shall be brought in use, till it has been gauged and passed by the Distillery Officer and a table book has been prepared for it and if any gauged receptacle is repaired or moved, it may not be brought again into use till it has been re-gauged and passed by the Distillery Officer and revised table book has been prepared.
(31)Fermentation vats shall be placed in a room or building specially set apart for them.
(32)A safe furnished with a hydrometer capable of showing the strength of the distillate, shall be provided between every still and its receiver. There may be separate safes between each still and its receiver or receivers or a central safe which controls the worm ends communicating between a number of stills and their receivers.
(33)Two or more receivers may be fitted to the same still in order to enable the distillate to be collected in separate portions and one receiver may work in connection with more than one still. There should be a separate receiver for feints. The receiver or receivers attached to each still or set of stills shall be of a capacity enabling them to contain all the distillate which can be produced by the stills or set of stills in 36 hours full working.
(34)The liquid containing alcohol produced by one distillation shall be run into an empty receiver or receivers, and such spirit shall be gauged and proved by the Distillery Officer in the receiver or receivers of the still or set of stills in which it is produced before it is passed out of such receiver or receivers or mixed with spirit produced by any other distillation.
(35)Storage vats shall be kept in a room or building set apart entirely for them and provided with only one door. Such room or building shall be designated as the store room or a warehouse and shall be under the lock and key of the licensee as well as the Distillery Officer. Any spirit that may brought from outside the distillery for blending, fortification compounding or any other process of purpose shall, be deposited in the store room or other warehouse.
(36)The Licensee shall provide store vats, having an aggregate capacity to store the prescribed minimum quantity for the distillery.
(37)No spirit shall be issued until its quantity and strength have been verified by the Distillery Officer.
(38)All spirits produced in a distillery shall be at the disposal of the Excise Commissioner.
(39)For ensuring uninterrupted and regular supplies of country spirit in any supply area of Madhya Pradesh, if the Excise Officer Madhya Pradesh so demands, the licensee shall make such requisitioned quantity of spirit available to him immediately, at a price determined by the State Government.
(40)After the expiry of cancellation of the licence in From D-l, the licensee shall place the entire stock of spirit and Molasses under the sole control of the Distillery Officer. He (The former licensee) may transfer/sale such stock to another licensee of the State within 30 days of such cancellation of expiration with the previous permission of the Excise Commissioner. If he is unable to dispose of the balances in the aforesaid manner, any licensee of the State, may be required by the Excise Commissioner to purchase all or part of such balances at a rate fixed by the Excise Commissioner. Such balances shall be transported to the consignee under a permit granted by the Distillery Officer:Provided that any stock which remains in the distillery even after adopting the above course shall be liable to be forfeited at the discretion of the Excise Commissioner.
(41)If the expenditure incurred on the State Government establishment at a distillery exceeds five per cent of the revenues earned on the issues of spirit therefrom, by export fee or any other levy, the amount, in excess of the aforesaid five per cent, shall be realised from the distiller.