The Government may, by notification, subject to such conditions, if any, as the Government may specify in such notification, exempt, whether prospectively or retrospectively, any person or class of person from the operation of these rules.
********* 23 FORM B-1.
[See rule 3(1)(a)].
From To The Commissioner and Secretary to Government, Prohibition and Excise Department, Chennai – 600 009.
Sir, I am desirous of establishing a brewery at .................................................... District for the manufacture of beer. I submit herewith a scheme for the working of the brewery as required in rule 3(1)(a) of the Tamil Nadu Brewery Rules, 1983. I request the Government may be pleased to accord their approval for the scheme. I shall complete the formalities within 6 months from the date of approval of the scheme by the Government.
Thanking you, Yours faithfully, Dated:
Enclosure: Scheme in Form appended.
24 APPENDIX TO FORM B-1.
(Scheme notifying the proposal to construct and work a Brewery.)
I. (a) Name and address of the applicant :
(b) Name and address of the undertaking :
(c) Whether public/private Limited or :
proprietary concern
2. Capital Structure-
(a) In case of Limited Company:-
(i) Authorised :
(ii) Issued :
(iii) Paid up :
(iv) Borrowing, if any :
(b) In case of other :
(i) Capital :
(ii) Borrowing, if any :
(c) Details of Investment :
I. Fixed Assets :
(i) Land Rs.
(ii) Building Rs.
(iii) Plant or machinery Rs.
(iv) Others, if any Rs.
------- Total Rs.
------- II. Working capital Rs.
3. Location :
4. Plant and machinery-
(i) Value of plant and machinery to be imported or of imported origin.
(ii) Value of plant and machinery of indigenous origin.
5. Raw materials required for production-
(i) Quality and value of raw material to be imported or of imported origin per year.
(ii) Quality and value of raw material of 25 indigenous origin per year.
(iii) Quantity and value of the molasses and alcohol, if any, required per year in the manufacture of fortification of the liquor proposed for manufacture.
(iv) Whether it is proposed to manufacture or procure the alcohol/molasses from private sources without the aid of the Government.
6. Water and power requirement-
(i) Particulars of requirements
(ii) Whether necessary permission has been secured.
7. Process-
(a) Brief process of manufacture
(b) Standard and quality of products proposed to be manufactured.
8. Technical assistance- Whether any foreign collaboration or know how is envisaged and if so, the foreign exchange involved.
9. Forecast of time factors-
(a) Time required to secure land, building and other accommodation after the letter of intent is issued.
(b) Time required to erect machinery and start production after licence is granted.
10. Item of Annual capacity, Estimated I.F. Unit value manufacture quantity, value annual product.
(in metric measures) production
(1) (2) (3) (4)
11. Employment potential-
(i) Supervisor
(ii) Skilled
(iii) Unskilled
12. (a) Any special facilities required from the Government.
(c) Special features, if any, of the 26 scheme.
13. (i) Challan number and date in support of payment of the fee of Rs. 500; and
(ii)Whether the challan in original is enclosed.
Signature of the applicant with date.
27 FORM B-2.
[See rules 3 (1) (a) and 23] PROHIBITION AND EXCISE DEPARTMENT.
LETTER OF INTENT Government Letter Number: Dated:
From The Secretary to Government of Tamil Nadu, Home, Prohibition and Excise Department, Chennai – 600 009.
To Thiru/ Thiruvalargal Sir(s), Subject : Excise – Tamil Nadu Brewery Rules, 1983 – Proposal to construct and work breweries in private sector – Approval for the Scheme – Notified.
Reference: Your Letter.......................................................
The Government have perused the scheme submitted with your letter cited for the manufacture of beer at ............................(Place).............................(District) under a licence to be granted and they have tentatively decided to accord sanction to the proposal for a capacity of .............................. million litres per year but without any commitment on the part of the Government to allot or supply any raw materials or recommend any foreign exchange or foreign collaboration, should you fulfill the formalities prescribed under the rules now in force or as may be prescribed from time to time hereafter.
2. This letter of intent is valid for a period of six months from its date but it shall not however, confer any right or privilege for the grant of a licence in your favour and it is liable to be withdrawn in public interest at any time on the expiration of not less than thirty days, notice in writing of the Government‟s intention to 28 withdraw and in such an event no compensation or damage whatever shall be payable for the same.
Yours faithfully, Commissioner and Secretary to Government.
Copy to:
The Commissioner of Prohibition and Excise, Chennai-600 005.
The Collector of ...............................District.
The Director of Industries and Commerce, Madras- 600 005.
The Industries Department, Chennai-600 009.
29 FORM B-3.
[See rule 4(1)].
To The Commissioner of Prohibition and Excise, Ezhilagam, Madras – 600 005.
Application for licence under rule 4(1) of the Tamil Nadu Brewery Rules, 1983.
Dated......................
Application of..........................................*/resident of ................................. carrying on business at ..................................
(1) The undersigned Thiru ............................................../ for himself / acting on behalf …………………….applies for a licence to construct and work, and possess a brewery under the Tamil Nadu Brewery Rules, 1983, at .............. in the district of ................................................ in the State of Tamil Nadu,
(2) The applicant desires to work brewery and apparatus of the following sizes and descriptions, namely:- ……………………….. ………………………..
……………………….. ………………………..
……………………….. ………………………..
(3) In the event of a licence being granted, the applicant proposes to construct a brewery within .................................. and commence working at the brewery on the ...................................
(4) Plans and estimates of the premises and buildings to be used as a brewery and for store house and other purposes connected with the business of brewing are annexed for approval.
The applicant undertakes to erect buildings and to make all necessary structural or other alterations and additions to the premises and buildings which the Commissioner may, from time to time, direct and in all respects to conform to the Commissioner‟s directions as to the maintenance of the premises and buildings in a proper state in regard both to the repair and conditions of the buildings and premises and their sanitation and suitability to the purposes of a brewery under the rules in that behalf for the time being in force.
(5) The applicant undertakes to comply in all respects with (a) the provisions of the Tamil Nadu Prohibition Act, 1937; (b) the 30 provisions of the Tamil Nadu Brewery Rules, 1983 applicable to the brewery or its working; and (c) the conditions which may be entered in the licence applied for.
(6) A certificate from the municipality or other local authority to the effect that there are no objections on sanitary ground to the carrying on of the business of brewing in the locality, to the premises and buildings proposed is attached.
(7) Any further plans, estimates or information required will promptly be supplied.
(8) The applicants is / are ready and willing to deposit the sum of Rs.............................................. as Security for the due performance by him / them of each and all of the requirements of the Tamil Nadu Brewery Rules of the licence.
(Signed) †.................
_____________________________________________________ * Here enter the full name and address of the applicant. If more than one person is concerned in obtaining a licence, the full name and address of each such person must be given. If the application is from a firm, the full name and principal place of business of the firm and the names of each partner thereof must be stated. If the application is from company, the registered name and office of the company and the name of the officer thereof making the application must be stated.
† To be signed by each applicant (if more than one) or some person legally authorised to sign for him, or for the firm or company when the application is from a firm or company.
31 FORM B-4.
[See rule 5(1)] Licence number and date:
Licence to work a brewery.....................................
Licence to work a brewery at......................................is hereby granted to ………………………………………grantee of the privilege under Section 17-C of the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937) son of .....................................residing at………………………….in the district of ................................. on payment of Rs………………………………..........(Rupees………….
………………………………..........................) licence fee per annum, subject to the Tamil Nadu Brewery Rules, 1983 and the conditions set out hereunder and such other Rules and conditions that may be notified from time to time.
CONDITIONS
1.The breach of any of these rules and conditions will result in the suspension or cancellation of the licence and consequently there will be no refund of any fee paid or deposit made in respect thereof.
2. The licence shall be liable for cancellation in the event of the licensee failing to construct and work the plant and machinery and manufacture the beer within the period of the licence in which case the licensee shall not be entitled to any compensation for whatever damage or loss.
3. Beer shall be brewed from good materials and its quality shall be such as to satisfy the Commissioner. Wort shall not be brewed of a higher gravity than 1073o. Nothing shall be added to the beer after it has been rocked and removed to a beer-store, except finings or other materials approved by the Commissioner, in such proportions as may be fixed by him. Beer in the store must not be diluted; any beer found in the store which has been either diluted or in any way adulterated shall be liable to confiscation. The confiscation of the beer shall not exonerate the licensee from any penal action under the Act.
4. No materials other than malt, grain sugar, glucose, or hops shall be used in brewing and nothing other than finings may be added to beer in store, without the previous sanction of the 32 Commissioner. The use of the following materials only is permitted:- I. In brewing:-
(1) Burton Crystals
(2) Caramel
(3) Corpulose
(4) Multose
(5) Porterine
(6) Ibrite
(7) Hop substitute (Quassia, Gentian Calumla and Chiretta)
(8) Optanin
(9) Zumsite
(10) American flour
(11) Gypsum
(12) Septose
(13) Klearwort
(14) Pure Cell Acid (Sulphuric)
(15) Cheratta
(16) Malt flour
(17) Standard Salt
(18) Unfermentable syrup
(19) Disatagic malt syrup
(20) Sulphosite.
II. In beer-store:-
(1) Bisulphite of lime
(2) Kalium Metasulphite
(3) Phylax
(4) Beer Neutraliser
(5) Hop oil
(6) Unfermentable syrup.
The use of following preparations has been forbidden:
(1) Forth heading
(2) Pale heading power
(3) Minoka Juice.
5. No ingredients noxious to health shall be used. If the licensee intends to use any materials not previously approved for use, he shall apply to the Commissioner for necessary sanction through the Excise Supervisory Officer with a sample of the material detailing the purpose for which it is to be used. The Excise Supervisory Officer shall submit such application through the Assistant Commissioner to the Commissioner.
33
6. As the storage of either malt or unmalted corn is not controlled, the room in which malt is ground if it has internal communication with any room or place of the bonded premises of the brewery, shall be included into the bound premises of the brewery as shown in the approved plan.
7. All sugar shall be stored in a room specially set apart for the purpose to be shown as a sugarstore. Sugar shall not be removed form the store into any other part of brewery except in pursuance of an entry in the book for use in brewing.
8.(a) Hop or hop substitutes shall be stored in a room specially indicated in the bonded premises of the brewery for such purposes.
(b) Other approved brewing materials must be stored either in hop store or in a room specially set apart and called “Brewing specialty Room”.
9. Potassium Meta-Sulphite, Bisulphite of lime, Finings and Kalium Meta-Sulphite and Burton crystals may be stored at the discretion of the licensee.
10. When the licensee intends to use a sugar solution for priming beer prior to issue he shall provide a separate cask or vat, which shall be used for the purpose of dissolving sugar only and shall be distinctly marked „Priming vessel”.
When a sugar solution is to be used for priming beer prior to issue the licensee shall intimate to the Excise Supervisory Officer, the above fact in writing atleast 6 hours before making the solution, declaring the quantity of sugar to be used in making the solution and hour at which he proposes to make the solution.
The quantity of sugar to be used in making the solution and the hour of dissolving the sugar shall be entered in proper column in the Brewing Book atleast six hours before making the solution.
The gravity of the solution shall not exceed 1073o. When the solution is complete, the licensee shall enter its dip and gravity in the Brewing book and shall not remove any portion of it unless the Excise Supervisory Officer or any other Officer authorised in this behalf had checked the entry. The quantity declared by the licensee or founded by the officer, whichever is greater, shall be taken into account for charging duty.
34 Priming solution may be concentrated by boiling to density not more than 1150o after the charge has been taken by the Excise Supervisory Officer, provided the licensee gives notice to concentrate the solution in the Brewing Book. Such an entry shall be made in red ink. The Excise Supervisory Officer shall immediately make a survey, record it in red ink and note in the remarks column of the brewing book, the survey in which the charge for duty has been taken.
Before removal of solution, the licensee shall note in the remarks column of Brewing Book. The quantity to be removed, the hour of removal and the number of casks to which the solution is to be added. No greater quantity than four litres shall be added to each hogs head of beer and proportionately for smaller casks. The Excise Supervisory Officer shall check the addition as often as possible.
11. The licensee shall obtain prior permission from Commissioner for the use of hops and hop substitutes and the proportion in which they are to be used.
12. The licensee shall not use Palmyrah sugar in the manufacture of or as an addition to finished beer.
13. Casks may be used for making and storing solutions of Caramel, Corpulose, Maltose or Porterins. Every such cask shall be given a number and entered in the survey book as a collecting vessel with the note of the name of the material for which it is intended to be used.
14. At least six hours before making solution of such materials as caramel, the licensee shall enter in the Brewing Book the date and hour of making the solution and the material to be used and on conclusion of the operation shall enter at once the quantity and gravity of the solution. The gravity shall not exceed 1073o. The Excise Supervisory Officer shall verify the quantity and gravity and specify the quantity for Duty as if it were beer. The licensee shall note in the remarks column of the Brewing Book each removal from the cask, specifying the quantity removed and the vessel to which it has been added. The Officer shall show the condition of the cask upon each complete survey.
15. Yeast may be added at any stage or collection of wort in the fermenting vessel, but if it is added so early before the complete collection of wort that fermentation has commenced, the licensee 35 must declare the original gravity of the wort before fermentation commenced.
16. The licensee shall enter in the Brewing Book the quantity and gravity of the expressed wort and the name and the number of the vessel to which it is to be added. When expressed wort is added to Beer in store, it shall be added to beer irrespective of the nature of the brewing from which expressed but wort filtered without pressure may be added to beer of the same denomination as itself.
17. Vessels used for yeast culture shall be duly entered and brought under survey. They may be placed in any suitable room in the brewery. They shall be gauged to the nearest litre per centimetre of depth so that the quantity may be verified or cross checked if necessary by Excise Officer. Vessels said to contain yeast shall be examined so as to satisfy that uncharged wort is not being fermented. After the first charge is taken in any yeast culture vessel the surface shall not be broken unless fraud is suspected.
The entry in brewing book in such surveys shall be the word “growing”.
18. Small unfixed casks may be used as fermenting vessels to take any unexpected of wort produced in brewing the quantity of which is too small to permit efficient fermentation in a fixed fermenting vessels. The licensee shall inform the officer in writing of the said fact and shall declare the quantity of the wort contained in the casks originally. Permission for the use of such casks may be withdrawn wherever it is found that they are employed as a matter of course and continuously.
19. Only pure filtered water shall be used for the manufacture of beer.
The licence is valid from to 31st March 20.......
and it is not transferable.
Commissioner of Prohibition and Excise.
36 FORM B-5 [see rule 24 (1)].
Brewing Book No. Brewery.
Quarter ending 20.....
Examined folios. :
Officers Name. :
Rank :
Date :
Checked 2. Excise Supervisory Officer Date and hour of entry Date and hour of Mashing malt Dissolving or corn sugar
(1) 2 (a) 2 (b)
3. Quantity issued Malt Unmalted Sugar Glucose Hops Hops Substitute Fresh Partly spent 3(a) 3(b) 3(c) 3(d) 3(e) 3(f) 3(g) Kg Kg Kg Kg Kg Kg Kg
4. Date and hour when 5.Worts collected the worts are drained from the grains Date and Vessels hour when collected Number Name Dip Garvity
(4) 5(a) 5(b) 5(c) 5(d) 5(e) 37
6. Date and hour of entry 7. Mixing wort Date and Date of Vessels from hour of brewing which taken Number Name 7(a) 7(b) 7(c) 7(d)
8.Worts mixed 9. Initials 10. Remarks Number Name Dip Gravity Brewers Officers 8(a) 8(b) 8(c) 8(d) 9(a) 9(b) (10) 38 FROM B-6.
* [See rule 27(2)] Indent for removal of Beer No. Date:
1. Name and address of the brewery ..
2. Licence number and date ..
3. Particulars of beer to be removed ..
Batch number.
4. Quantity in litres ..
5. Rate of duty ..
6. Amount of Duty payable ..
7. Name of Treasury, Challan Number ..
and date in which the duty has been remitted (Challan shall be enclosed in original).
8. Consignee‟s address and Licence ..
number.
9. Remarks, if any ..
Signature of Licensee or his Authorised Agent.
Checked and found to be correct. The Duties has been paid for the consignment Indent passed and cheque is used.
Excise Supervisory Officer, (Officer in charge ………....Brewery) Copy to the Assistant Commissioner of Excise,......................
(The indent shall be in triplicate. Original shall be retained by the licensee. Duplicate shall accompany the consignment and the Triplicate forwarded to the Assistant Commissioner of Excise concerned).
*Substituted by G.O.Ms.No.87, H,P&E (III), dated 04.08.1990 39 FORM B-7.
(See Rule 39) Counter Agreement An agreement made this ..............................................day of .............................between Thiru/Thirumathi/Selvi ..........................
Son/wife/daughter of………………………… residing at ....................................(herein after called the “licensee” which expression shall unless repugnant to the subject or context include his/her heirs, legal representations and assigns) of the one part and the Governor of Tamil Nadu (herein after called the “Governor” which expression shall, unless repugnant to the subject or context, include his successors-in-office and assigns) of the other part, WHEREAS the licensee has been granted the privilege to manufacture beer by the Commissioner of Prohibition and Excise, Chennai.
NOW IT IS HEREBY AGREED by and between the licensee and the Government that the licensee shall well and truly observe and perform the conditions and stipulations continued in the licence No.............................dated the.........day of ............20............ issued to licensee by the said Commissioner under the Tamil Nadu Brewery Rules, 1983.
IN WITNESS WHEREOF .................................. licence and Thiru ....................................................... acting for and on behalf of the Governor of Tamil Nadu have set their hands on the day, month and year first above written.
Signature of Licensee.
Witness: (1) Name :
Occupation :
Address :
(2) Name :
Occupation :
Address :
40 Signed by Thiru ....................................... acting for and on behalf of and by the order and direction of the Governor of Tamil Nadu.
Witness: (1) Name :
Occupation :
Address :
(2) Name :
Occupation :
Address :
41 FORM B-8.
[See Rule 8(2)] Mortgage deed.
This deed of mortgage made this .......day of.....20 between ....................................................................................(hereinafter called the “Mortgagor” which expression shall unless repugnant to the subject or context include his/her heirs, legal representatives, administrators, executors and assigns) of the one part and the Governor of Tamil Nadu (hereinafter called the “Mortgagee” which expression shall unless repugnant to the subject or context include his successors–in–office and assigns) of the other part;
WHEREAS by a licence in writing under the hand of Commissioner for Prohibition and Excise and bearing date the ............................... 20... the said Commissioner of Prohibition and Excise being duly authorised under the Tamil Nadu Brewery Rules, 1983 framed under the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937) appointed the Mortgagor to manufacture beer in the district of from the …………………day of .....................20 to the .................day of ......................................20.... subject to the conditions in the said licence contained and to be observed by the Mortgagor.
AND WHEREAS it was one of the conditions of the said licence that the infraction of any of the conditions of the licence by the Mortgagor or by any person in their employment might entail the suspension or cancellation of the Mortgagors licence.
AND WHEREAS by a counterpart agreement executed on the ....... day ...................of ................20... the Mortgagors agreed to observe and perform all the conditions and stipulations contained in the licence.
AND WHEREAS it has been agreed by and between the parties hereto that the several provisions agreements and stipulations hereinafter contained shall apply not only to the licence herein before mentioned but shall apply also to any subsequent licence or licences granted to the Mortgagor immediately upon the determination of the licence hereinafter mentioned in renewal thereof respectively and of any further 42 licences to be granted to the Mortgagor for the same purposes respectively and that these presents shall stand as security for the due performance by the Mortgagor of the conditions of all or any such licences and of the several engagements entered into and to be entered into by the Mortgagor in respect thereof respectively and for the payment by the Mortgagors of all sums which may become due to the Government by way of duty fees, or other payments under the provisions of all or any such licences.
NOW THESE PRESENTS WITNESSETH that in pursuance of the said agreement in that behalf and in consideration of the grant of the licence the Mortgagor do hereby convenant with the Mortgage that the Mortgagor shall pay to the Mortgage or to the Collector for the time being of the district of ..............................................or other Officer of the Government of Tamil Nadu duly authorised in this behalf at the time or respective times when the same shall respectively shall become due or payable under the provisions of the hereinbefore recited licences or of any such new licences so to be granted as aforesaid all and every the sum and sums of money which shall or may from time to time or at any time during the continuance of the said licences respectively or any of them become payable by the Mortgagor to the Government of Tamil Nadu by way of Duty, fees, and other payments under all or any of the provisions of the said licence respectively or any of them or otherwise in connection therewith respectively AND THESE PRESENTS ALSO WITNESSTH that in further pursuance of the said agreement and in consideration of the grant of licence, the Mortgagor do hereby grant, convey and assign unto the Mortgagee ALL and singular the pieces or parcels of land, brewery, buildings and premises particularly described in the First Schedule hereunder written and also all and singular, the fixed and movable machinery implements and utensils, stock of beer and other things now or at any time hereafter during the continuance of this security fixed to or placed upon or used in or about the said lands, brewery, buildings and premises or any of them or any part thereof respectively all of which particularly described in the Second Schedule hereunder written together with all buildings, godowns, trees, commons, hedges, ditches, fences, ways, waters, water courses, liberties, privileges, easements, advantages and appurtenance whatsoever to the said several pieces or parcels of land, buildings and premises or any of them in anywise appertaining or heretofore occupied or enjoyed 43 therewith and AND ALL the estate, right title interest, property claim and demand whatsoever of the Mortgagor and TO HAVE AND TO HOLD the said pieces or parcels of land, brewery buildings and premises hereby conveyed and assigned or expressed so to be hereinafter called the “mortgaged property” unto the Mortgagee for ever, subject to the proviso for redemption hereinafter contained PROVIDED ALWAYS and it is hereby agreed and declared that if the Mortgagor shall duly pay to the Mortgagee or to the Collector for the time being of the district of ............................................... or other Officer of the Government of Tamil Nadu duly authorised in this behalf at the time or respective times when the same shall respectively become due or payable under the provisions of the hereinbefore recited licence or of such new licences so to be granted as herebefore mentioned or any of them all and every sum and sums of money which shall or may from time to time or at any time during the continuance of the said licences respectively become payable by the Mortgagor to the Government of Tamil Nadu by way of Duty, fees, and other payments under all or any of the provisions of the said licences or any or either of them or otherwise in connection therewith respectively then the Mortgage shall at any time after all such payments shall have been made upon the request and at the cost of the Mortgagor re-convey and re-assign the said mortgaged property herein before expressed to be hereby granted conveyed and assigned unto the Mortgagor and the Mortgagor do hereby covenant and agree with the Mortgagee that Mortgagor shall not so long as any money shall remain on the security of these presents pull down or remove the said brewery buildings fixed or removable machinery, implements, apparatus or any of them or any part thereof without the permission in writing of the Commissioner of Prohibition and Excise for the time being unless in cases where such pulling down or removal shall be rendered necessary by any of the said mortgaged property being worn out or injured of the said beer except in the ordinary course of business of the Mortgagor as the holders of the said licences and in such cases shall replace the said mortgaged property worn out or injured or removed by others of atleast equal value AND IT is hereby agreed and declared that any buildings, engines, machinery, implements apparatus or utensils and any beer or other things which shall be erected or placed or used upon the said mortgaged property hereby granted, conveyed and assigned or any of them or any part thereof respectively during the continuance of the present security either in substitution for or in replacement of or in addition to any buildings, engines 44 machinery implements, apparatus, utensils or beer or other things now standing of being thereon shall be included in the present security and be subject to the provisions and agreements herein contained AND it is hereby agreed and declared that it shall be lawful for the Mortgagee at any time or times hereafter without any further consent on the part of the Mortgagor to sell the said mortgage property herein before expressed to be hereby granted, conveyed and assigned or for the time being subject to the present security or any part or parts thereof either together or in parcels (and as to the fixed and movable machinery implements, apparatus utensils beer and other premises of a like nature comprised in the present security either together with the buildings or lands to or upon which the same shall be fixed or stand or be or separately and detached therefrom) and either by public auction or private contract with power upon and such sale to make any stipulations as to title or evidence of title or the removal of any property which may be sold separately or detached from the buildings and land or otherwise which the Mortgagee shall deem proper and also with power to buy in or rescind or vary any contract for sale and to resale without being responsible for any loss occasioned thereby and for the purpose aforesaid or any of them to execute and do all such assurances and things as the mortgagee shall think fit. PROVIDED ALWAYS AND it is hereby agreed and declared that the Mortgagee shall not execute the power of sale herein before contained unless and until the mortgagee shall have previously given notice in writing to the mortgagors requiring him to pay off the moneys for the time being owing on the security of these presents or left a notice in writing to that effect upon some part of the said mortgaged property hereinbefore expressed to be hereby granted conveyed and assigned and default shall have been made in payment of such moneys or some part thereof for three calender months from the time of giving or leaving such notice and every such notice as aforesaid shall be sufficient though not addressed to any person or persons by name or designation and notwithstanding that the person or any of the persons affected thereby may be unborn unascertained under disability. PROVIDED also and it is hereby agreed and declared that upon any sale purporting to be made in pursuance of the aforesaid power in that behalf the purchaser or purchasers shall not be bound to see or inquire whether any of the cases mentioned in the provision lastly hereinbefore contained has happened or whether any such default has been made in payment of any money intended to be hereby secured 45 or whether any money remains on the security of these presents or as to the necessity or expediency of the stipulations subject to which such sale shall have been made or otherwise as to the propriety or regularity of such sale and notwithstanding any impropriety or irregularity whatsoever in any such sale the same shall as far as regards the safety and protection of the purchaser or purchasers be deemed to be within the aforesaid power in that behalf and be valid and effectual accordingly and the remedy of the Mortgagor in respect of any breach of the clause lastly herein before contained or of any impropriety or irregularity whatsoever in any such sale shall be in damages only AND it is hereby also agreed and declared that upon any such sale as aforesaid the receipt of the Collector for the time being of the district in which the mortgaged property sold shall be situated or of any officer of the Government of Tamil Nadu duly authorised in this behalf for the purchase money of the mortgaged property sold shall effectually discharge the purchaser or purchasers therefrom and from being concerned to see to the application or being answerable for any loss or misapplication thereof AND it is hereby further agreed and declared that the Mortgagee shall by and out of the moneys which shall arise from any such sale as aforesaid in the first place reimburse himself or pay or discharge all the costs and expenses incurred in or about such sale or otherwise in respect of the mortgaged property and in the next place apply such moneys in or towards satisfaction of the moneys for the time being owing on the security of these presents and then pay the surplus (if any) of the said money which shall arise from such sale unto the Mortgagor AND it is hereby agreed and declared that the aforesaid power of sale may be exercised by any person or persons who for the time being shall be entitled to receive and give a discharge for the moneys owing on the security of these presents. PROVIDED also and it is hereby agreed and declared that the Mortgagee shall not be answerable or accountable for any involuntary losses which may happen or about the exercise or execution of the aforesaid power or the trusts thereof or of any of them AND the Mortgagor do hereby convenent with the Mortgagee that they the Mortgagor now have power to grant, convey and assign all the said Mortgaged property herein before expressed to be hereby granted conveyed and assigned unto the Mortgagee AND FURTHER that they the Mortgagor and every person having or claiming any estate, right, title or interest in or to the said mortgaged property or any of them will at all time at the cost until foreclosure or sale of the Mortgagor and afterwards of the 46 person or persons requiring the same to execute and do every such assurance and thing for the further or more perfectly assuring all or any of the said mortgaged property unto the mortgagee as by him shall be reasonably required.
In witness whereof Thiru…………………………the Mortgagor and Thiru………………………..acting for and on behalf of and by the order and direction of the Governor of Tamil Nadu “have” hereunto set their respective hands the day, month and the year first above written.
The First Schedule above referred to.:
The Second Schedule above referred to.:
Signed by Thiru...........................(Mortgagor) in the presence of Seal (in case Company) Witness- (1) Name … Occupation … Address ….
(2) Name … Occupation … Address … Signed by Thiru.............. acting for and on behalf of any by the order and direction of the Governor of Tamil Nadu in the presence of Witness-
(1) Name Occupation Address
(2) Name Occupation Address 47 FORM B-9 [See Rule 6(1)].
Application for the renewal of the licence granted for the privilege to establish brewery and manufacture of beer.
To The Commissioner of Prohibition and Excise, Chepauk, Chennai-600 005.
1. Name of the Brewery ….
2. Address: Office- Phone Number:
Telex Number:
Factory- Phone Number:
Telex Number:
3. Licence number and date in which licence was granted for the year (Licences to be enclosed in original).
4. Whether the renewal application under the Tamil Nadu Brewery Rules, 1983 has been made in time, namely, thirty days before the date of expiry of the validity of the licence?
5. (a) Whether the application has been affixed with Court-fee label to the value of two rupees?
(b) Whether Treasury receipts are enclosed in proof of payment of application fee, fee for the grant of privilege, licence fee and additional fee for belated application, if need be?
(d) Whether the plans with full description of the buildings of the brewery and the statement relating to plant, machinery, equipments and apparatus referred to in Rule 4 have been enclosed? If there are any alterations or additions to the building Plant, machinery or apparatus used therein Subsequent to the grant or renewal of Licence a certificate from 48 the Excise Supervisory Officer as to the correctness of the alterations or additions shall also be furnished.
6. Whether the licensee has been convicted of any offence under the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937) or the rules made thereunder or of any other cognizable or non-bailable offence?
7. Whether the licensee is carrying out the orders issued by the Commissioner?
8. Whether the brewery is in arrears of any Excise Duty or vend fee due to Government? If so, the full details and the reasons for having not remitted the dues, have to be furnished?
9. Whether the licensee is making entries in the Brewing Book in accordance with the instructions of the Commissioner or Excise Supervisory Officer?
I / We hereby declare
(i) that the particulars given above are correct;
(ii) that I/We have not been convicted of any offence under the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937), or the Rules made thereunder or of any other cognizable or non-bailable offence; and
(iii) that I/We have gone through the Tamil Nadu Brewery Rules, 1983, relating to the licence for which renewal has been applied for by me/us herein and am/are conversant with the provisions therein.
I/We hereby undertake to abide by the conditions of the licence and provisions of the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937) and the Rules made thereunder.
49 FORM B-10 (See rule 32-A).
Export licence No. and dated:
Licence to export beer from the State of Tamil Nadu to any other State / Union Territories in India / other Countries.
Licence is hereby granted to Thiruvalargal…………………….
under Section 17-B (b) of the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937), for export beer to other States and Union Territories/other Countries (score out whichever is not applicable), subject to the provisions of the Tamil Nadu Brewery Rules, 1983 and the conditions set out hereunder and such other rules and conditions that may be notified from time to time.
CONDITIONS
(1) The breach of the provisions of any of the above said Act / Rules or conditions will result in the suspension or cancellation of the licence and consequently there will be no refund of any fee paid.
(2) The licence is valid on and from ……. to 31st March 20.....
(3) The licence is not transferable.
Commissioner of Prohibition and Excise.
Substituted by G.O.Ms.No.31, H, P&E (III) Dept, dated
26.10.2017 50 FORM B-11 [See rule 32-B] Application for grant of permit for export of beer to other States and Union Territories / other Countries.
To The Commissioner of Prohibition and Excise, Chepauk, Madras-600 005.
1. Name and address of the licensee:
2. Export licence No. and date and its period of validity:
3. Quantity, brand name and specifications of beer proposed to be exported:
4. Name of the importer and address including the copy of licence held by him:
5. Number of cases, Batch No. and Nature of receptacles or packages containing beer:
6. Route of transport (state whether road, rail, road-cum-rail, air, Sea etc and indicate the important place on the route:
7. Period of validity of permit:
8. Details of payment of export fee And Bank Gurantee made I declare that the particulars given above are true to the best of my knowledge and belief. If at any stage it is found that the particulars are wrong or I have resorted to fraud, I may be prosecuted.
I have gone through the Tamil Nadu Prohibition Act, 1937 and the Rules made thereunder and shall obey the same.
I agree to pay any duty or fee that is due on the consignment if it is found that it has not been remitted or short remitted.
Here affix court fee label to the value of rupees two Substituted by G.O.Ms.No.31, H, P&E (III) Dept, dated
26.10.2017 51 I shall obey the rules and regulations, in force within the local area through which the consignment passes and also the State / Union Territory / Country to which the consignment is exported..
Place:
Date : Signature of the applicant.
52 FORM B-12 (See rule 32-C) [in Seven Parts] Permit for Export of Beer to other States and Union Territories / other Countries Export Permit No. Dated:
1. Name and address of the licensee:
2. Name and address of the person to whom beer is to be exported:
3. Place to which beer is to be exported:
4. Route (State whether road, rail, air, road-cum-rail on sea etc.)
5. Period of validity of export permit:
6. Description of beer to be exported:
Brand Name Specifications Quantity allowed to be exported Details of Export Fee paid and Bank Guarantee
(1) (2) (3) (4) (Export Fee) Amount:
Date of Payment:
Paid at:
7. Number of cases, Batch No. and nature of receptacles containing the beer:
8. Details of import licence / import permit or „No Objection Certificate‟ including period of validity.
CONDITIONS
(1) The consignment shall be got verified by the Excise Supervisory Officer of the Manufacturing Unit before export.
(2) The permit shall accompany the consignment and shall be used only once during its currency. The consignment so permitted shall be exported in one lot only.
(3) The permit shall be surrendered to the Commissioner of Prohibition and Excise, if it is not made use of within the period of validity of the permit.
(4) The licensee shall be bound to pay such cost of the escort, if any.
Substituted by G.O.Ms.No.31, H, P&E (III) Dept, dated
26.10.2017 53
(5) The consignment shall be exported only through the route specified in the Export Permit.
(6) The Excise Verification Certificate (EVC) / Bill of Lading or Airway Bill along with Bill of Entry or similar documents submitted at the Sea Port or Air Port of the importing Country shall be submitted to the Licensing Authority within sixty days from the date of validity of Export Permit.
(7) The Licensee shall be prosecuted, if he is found to misuse this permit.
Given under the seal of the office of the Commissioner ___ day of _____ 20____.
Commissioner of Prohibition and Excise To.
Thiruvalargal ………………………….
54 TAMIL NADU BREWERY RULES
1983.
[Updated on Dec - 2018] 55