PUNJAB EXCISE BOTTLES RULES

GOVERNMENT OF THE PUNJAB

EXCISE AND TAXATION DEPARTMENT

THE PUNJAB EXCISE BOTTLES RULES.

[24^th Sept, 1943]

1.               These rules shall be called the Punjab Excise Bottles Rule and shall come into force from the 24^th September, 1943.

2.               No excise bottles shall be used for any purpose other than the bottling of spirit in accordance with a license granted under the Punjab Excise Act, 1914.

3.               unless the Excise Commissioner by any general or special order otherwise directs no excise bottle shall be exported from the Punjab, to any Pakistani State or to any other province in Pakistan.

4.               Punjab Excise Bottles may be sold to a licensed distillery, a licensed vendor of foreign liquor or country spirit or to the authorized agent of a distillery. The sale of Punjab excise bottles to any other person or firm is prohibited.

5.               The possession or storage of more than 20 excise bottles is prohibited save to a distillery, a licensed vendor of foreign liquor or country spirit or to the authorized agent of a distillery. Subject to any general or special order which may be passed in this connection by the Excise Commissioner there is no limit to the number of excise bottles which may be stored by a distillery. No license vendor or authorized agent of a distillery may store or posses more than five hundred dozen excise bottles at any one time provided that if a rationing scheme is in force no licensed vendor may store at any one time bottle in excess of the number required to contain his monthly quota of liquor under that scheme.

6.               For the purposes of rules 4 and 5 an authorized agent of a distillery shall man a person or firm who, or which has been authorized in writing by a licensed distillery in the Punjab to buy and store excise bottles on its or their behalf. In every case in which such a letter of authorization is issued the distillery concerned shall send a copy thereof to the office of the Excise Commissioner with an endorsement showing the address of the authorized agent.  The Excise Commissioner shall have the right to cancel any such letter of authorization, if it considers that the proposed authorized agent is an unsuitable person.

Exceptions

7.               These rules do not apply.

(a)             to the import, export transport, possession or sale of excise bottles lawfully filled with licit liquor.

(b)             To the possession and use of not more than twenty excise bottles for domestic purposes in any single household at any one time.

The Redistillation of Weak Denatured Spirit Rules.

(1)             ( i) These rules may be called the Redistillation of Weak Denatured Spirit Rules.

( ii) They shall apply only to an approved manufacturer as defined in these rules.

(2)             (i)         In these rules, unless a different intention appears from the subject or context;

(a)             “Approved manufacturer” means a person to whom a licence has been granted in Form RD-2 appended to these rules for the redistillation of denatured spirit rendered weak in the specified manufacturing process carried on by him.

(b)             “Licence” means a licence granted under these rules.

(c)              “Inspector” includes a Sub-Inspector.

(d)             “”Weak Spirit” means that portion of lawfully possessed denatured spirit which has been left over after being subjected to manufacturing process, and of which an account has been taken by the Assistant Excise and Taxation Officer.

(ii) The terms used but not expressly defined in these rules have, so far as may be applicable the same meaning as have been assigned to them in the Punjab Distillery Rues and the Punjab Chemical works Rules, published under Financial Commissioner’s notification No.1474-E&S dated the 5^th May 1932, and notification No.310-E&s dated 12^th January 1933respectively.

(3)             Any person desirous of obtaining a licence for the redistillation of weak spirit may apply to the Collector of the district in which the redistillation is to be performed who shall grant or refuse the application with the previous approval of the Excise Commissioner.

(4)             Every application for a licence under these rules shall be made in Form RD-1 appended to these rules. In his application the applicant shall clearly state the manufacturing process he intends to under take. The application shall be accompanied by:-

(a)             a correct plan of the premises which the applicant proposes to use for the purpose of his licence and of the building existing or proposed to be erected thereon for the said purpose;

(b)             a list and plans of the plan, warehouses, store rooms and other places and appliances appertaining thereto or to be used in connection therewith and

(c)              a certificate from the District Health Officer that there is no objection on sanitary grounds to the construction of redistillation plant or to the redistillation of weak spirit on the site and in the buildings shown in the accompanying plans.

(5)             No licence shall be granted unless and until the applicant.

(a)             deposits as security for the fulfillment of all the conditions of his licence and the observance of these rule a sum to be fixed by the Excise Commissioner and not being less than Rs. 2007 and more than Rs. 5000 in amount and;

(c) satisfies the Collector that the proposed building, plants, and appliances to be used in connection with the redistillation of weak spirit and storage and issue of weak as well as strong spirit are built in accordance with the prescribed regulations and that due precaution has been taken against fire.

(6)             The licence shall be in Form RD-II appended to these rules and shall not be transferable except with the sanction of the Excise Commissioner.

(7)             A licence once granted shall remain in force until it is cancelled, determined or surrendered.

(8)             The licence may at any time be cancelled by the granting authority for  breach of all or any of the terms thereof or of the provisions of these rules or may be determined by him after three months notice.

(9)             If a licence is revoked cancelled, determined or surrendered the licensee shall dispose of his stock of spirit, apparatus, storage vessels and other redistillation appliances in such manner as the Excise Commissioner may direct.

(10)          The licensee shall at any time permit the Collector or any officer authorized by the Collector in that behalf to inspect and examine his redistillation plant the licensed premises and other building and apparatus connected therewith and the spirit stored therein and shall render to the Collector or the officer as aforesaid all proper assistance in making such inspection and examination.

(11)          The licensee shall permit the posting of Government Excise staff to his premises for the purpose of ensuring the due observance of these rules and for watch and ward. This staff shall consist of one or more Excise Inspectors and Excise Constables as the Excise Commissioner shall deem sufficient for the requirements of the work under the licence. This staff shall be subject to the inspection, control and orders of the their Departmental Officers within whose sphere of duty the premises of licence are situated. The cost of their salaries together with the allowances sanctioned to them by Government from time to time shall be borne by the licensee.

(12)          unless otherwise directed by the Excise Commissioner or the Collector the staff appointed under sub-rule (i) shall be in attendance at the licensed premises in accordance with hours fixed for the attendance of an Officer incharge at Chemical

works under Financial Commissioners notification No.310-E&S dated the 12^th January 1933.

(13)          The licensee shall deposit in the Government Treasury such amount as may be fixed by the Excise Commissioner on account of salaries and allowances of the aforesaid staff posted to his premises. But the licensee shall not make any direct payment to any member of such establishment.

(14)          The licensee shall provide within his premises an office for the said staff (AETO) to be approved by the Excise Commissioner. Residential quarters (for the AETO and the constable) shall also be provided by the licensee for that staff if they are required to remain within the licensed premises on night duty.

(15)          The licensee shall, when required, permit samples of the materials used or spirit prepared or used or redistilled in his premise to be taken for analysis under the orders of the Collector or the Excise Commissioner or any officer authorized by either of them in this behalf. Each sample shall be taken.