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State of Uttar Pradesh - Section

Section 5 in The U.P. Licences for the Possession of Denatured Spirit and Specially Denatured Spirit Rules, 1976

5. Special conditions.

- Licence in Forms F.L. 39, F.L. 40 and F.L. 41 shall be subject to the special conditions noted below in addition to the conditions aid down in Rule 4, supra :
(1)Licence in Form F.L. 39 :
(a)The spirit used shall contain denaturants approved by the State Government and the denaturants shall be in the proportion as may be prescribed by the State Government.
(b)Quantity of spirit allowed to be issued in any year shall not exceed ............... litres.
(c)The spirit shall be obtained from a distillery situated in Uttar Pradesh.
(d)The spirit shall be stored in gauged vats or other receptacles approved by the Excise Commissioner. All such vessels shall bear a distinctive serial number and their full capacities shall be distinctly and intelligible marked over them.
(e)The spirit shall be stored in a separate room called spirit store.
The windows of the spirit store shall be fitted with malleable iron bars not less than two centimetres in thickness, set not more than 10 centimetres apart and fixed in the brick work to a depth of at least 5 centimetres at each end. On the inside of each window there shall be securely fastened to the bars stout wire-netting the aperture which shall not exceed 2 centimetres in diameter. There shall be only one entrance to the spirit, and one door to each of its compartments. All these doors shall be secured with excise ticket lock during the absence of the Excise Officer-in-charge.No addition or alterations shall be made in the spirit store premises or in respect of permanent fixtures therein without the previous orders of the Excise Commissioner. The spirit store shall be opened and closed only in the presence of the Excise Officer-in-charge.Note.-The Excise Commissioner may exempt a licence wholly or partly from the operations of this rule taking into consideration the requirement of a particular industry.
(f)[ No spirit shall be taken away from the premises by anyone other than a person duly authorised by the Excise Commissioner.] [Substituted by Notification No. 3040/II-805-A(26)-15, dated 9th January, 1991, published in U P. Gazette, Part I, Sec (kha), dated 2nd February, 1991.]
(g)An application for every quantity of spirit required to be removed from the storage tanks must be made in writing to the Excise Officer-in-charge who shall record the quantity issued day-to-day in a prescribed register.
(h)The licensee shall maintain an up-to-date account of the specially denatured spirit received from the distillery stored in storage tanks, used in the manufacture and the balance left in stock at the end of the day in the Form F.L. 42 and manner prescribed by the Excise Commissioner, Uttar Pradesh.
(i)The licensee shall apply to the Excise Commissioner through the Collector of the district concerned, for the renewal of the licence at least one month before the date of expiry of the licence.
(j)The licensee shall be liable to pay a penalty at a rate equal to the prescribed rate of vend fee on denatured spirit per litre on storage wastage of denatured spirit exceeding 1.5 per cent, found on the last working day of every calendar month after verification of the stock by the Excise Inspector-in-charge.
(k)The licensee shall pay fee at a rate prescribed by the State Government, per litre on the issues of the specially denatured spirit obtained from any distillery in Uttar Pradesh for the manufacture of a commodity.
(l)The fee shall be realised by the Excise Inspector-in-charge of the distillery before making issues of the specially denatured spirit from the distillery from the licensee, and shall be deposited in the treasury under the head "X-State Excise Duties-E Receipt from commercial spirit including denatured spirit and medicated wines (d) Vend fee for denatured spirit".
(m)The Excise Commissioner shall decide the strength of excise personnel necessary for the supervision and his decision shall be binding on the licensee. The licensee shall provide office with office furniture for the officer-in-charge and suitable quarter to the excise staff to the satisfaction of the Excise Commissioner in the vicinity of the licensed premises. The licensee shall be bound to keep in the quarters and their appurtenances in proper repair and not to interrupt or to annoy any officer residing therein, in his use or enjoyment thereof. In case any question should arise as to the sufficiency of the accommodation, the question shall be referred to the Excise Commissioner whose decision shall be final and binding on the licensee.
(n)The licensee shall furnish to the Excise Officer-in-charge a list containing the names of the manager and other employees employed by him and of all other employees whose duties require them to enter the spirit store. He shall promptly inform the Excise Inspector concerned of any changes which he may choose to make in the list from time to time.
(o)The licensee shall provide himself with the following registers in duplicate :
(a)Register of transaction in the spirit store showing the receipt of expenditure of spirit.
(b)Register of transactions in the spirit store showing the receipt of expenditure of spirit.
(c)Register of operations in the manufactory showing the manufacture of each of the commodities, the total quantity of commodities produced and the spirit content per litre, if any.
(d)All registers and forms which the Excise Commissioner may prescribe shall be printed and supplied by licensee free of charge to the concerned Excise Inspector to supervise the operation.
(e)He shall maintain daily accounts of transaction in the manufactory.
(2)Licence in Form F.L. 40 :
(a)The spirit used shall contain denaturants approved for the industry by the State Government. It shall be obtained for a distillery situate in Uttar Pradesh only.
(b)The total quantity of spirit stored in the licensed premises shall not exceed at any one time .................... bulk litres.
(c)The quantity allowed to be used in any one year shall not exceed .................... bulk litres.
(d)The entire produce of one operation for recovery of spirit shall be collected in the receiver and the whole of the recovered spirit shall be used in the next succeeding preparation and no attempts shall be made to collect the recovered spirit in separate portion for fractions.
(e)The spirit vapour pipe from the evaporator shall be securely attached to the condenser and the recovered spirit shall pass through a close main pipe soldered or rivetted to the condenser and the cover of the receiver respectively and extended nearly to the bottom of the receiver.
(f)Any spirit sampling pipe shall not have an orifice exceeding one-eighth of centimetre in diameter.
(g)The lid and the discharge cock of the receiver shall be secured by locks, which are to be kept fastened while spirits are running into the vessels and at all other times when any spirit remains therein.
(h)Officers of the Excise Department not below the rank of an Inspector shall be allowed to take samples of the spirit and of materials which contain any spirit.
(i)All specially denatured spirit received shall either be added to the materials used in the industry in the presence of the manager or other responsible person authorised by the licensee or be stored in a vat marked "specially denatured spirit". The lid and the discharge cock of the vat shall be secured by fastenings and locks and spirit must only be removed from them under the supervision of the manager on other responsible person so authorised after it has been entered in the account book.
(j)No spirit shall be taken away from the premises by any person other than duly authorised officer of the Excise Department.
(k)The keys of all vessels ordered to be locked shall be kept on the premises incharge of the manager or other responsible person authorised by the licensee and any such vessel must be immediately unlocked at the requisition of an officer of the Excise Department not below the rank of an Inspector.
(l)Particulars of the quantity and strength of every consignment of specially denatured spirit must be entered in a book on the day of receipt. All transactions shall be correctly entered from day-to-day in the same book and a correct balance struck after each day's withdrawals from stock. The book shall be accessible to the Officers of the Excise Department not below the rank of an Inspector who visits the premises and every pass which accompanied the spirit received shall be retained and delivered to the Officer who next visits the premises.
(m)The licensee shall execute a bond in Form F.L. 40-B for such amount as may be fixed by the Excise Commissioner for the privilege of storage and use of specially denatured spirit (and the observance of the conditions of this licence and the rules contained in the Excise Manual).
(3)A Licence in Form F.L. 41 :
(a)A signboard shall be affixed to the licensed premises showing the kind of licence and the hours of business under it.
(b)The licensee shall store all his stocks of spirit on the aforesaid premises. The quantity of spirit possessed at any one time and the quantity used in the manufacture in a month or in a year or during the period the licence is current shall not exceed the
Kind of spirit Quantity that may be possessed at one time Quantity that may be used for manufacture of
In a month In a year or period of the currency of the licence
1 2 3 4 5
         
(c)The licensee is not allowed to use spirit in manufacture of French polish unless he adds to it challenge or resin or both in quantity not less than 25 per cent, or as may be prescribed by the Excise Commissioner from time to time.
(d)The licensee shall maintain correct account of daily receipt and utilisation of spirit in the form as may be prescribed by the Excise Commissioner from time to time.
(e)The licensee shall declare the composition of every manufacturing item for which alcohol is needed specifically mentioning the percentage of alcohol in the finished product, before the grant of licence in Form F.L. 41. If more than two per cent variation is found in the declared content of alcohol in the sample of finished product, then it shall be treated as a breach of one of the conditions of the licence.