(1) The Tamil Nadu Distillery Rules, 1960, are hereby repealed.
Provided that the repeal of the said Rules shall not affect the operation of Rule 9 of these Rules.
17 FORM I [(See Rule 3 (a)] Application for the grant of privilege to establish Distillery and Manufacture Spirit To The Commissioner of Prohibition and Excise, Chennai – 600 005.
1. Name or names and address or addresses of the person or persons applying, if application is a firm the name and address of every partner of the firm and if a Company, the registered name and address thereof the names of Directors, Managers, Managing Director, name of such Director.
2. The amount of capital proposed to be invested in the venture.
3. Name of the place and the site in which the building or buildings housing the Distillery is / are situated (Description and place of the building to be furnished).
4. Production capacity of the Distillery
5. (a) Molasses or other 1 [fermentative bases] requirement for the above capacity.
1. Substituted by G.O.Ms.
No.22, Home, P&E Dept, dated 22nd April 2008.
2 [(b) Sugar or other factories within 150 KMS, or proposed site of distillery with molasses or other fermentative bases production capacity of each.
2. Substituted by G.O.Ms.
No.22, Home, P&E Dept, dated 22nd April 2008.
6. Approximate date from which applicant desires to commence the distillery.
7. Whether the treasury receipts in proof of payment of application fee, fee for the grant of privilege and licence fee are attached to the applications.
8. (a) Reference number in which plans of buildings were approved.
(b) Whether the applicant has enclosed No Objection Certificate from the Chief Inspector of Factories and from the other local authority concerned.
9. (a) (i) Solvency of the applicant:- In the case of private individual the personal solvency of the applicant with details of property owned;
(ii) Whether a Solvency Certificate from Tahsildar or Independent Deputy Tahsildar is enclosed.
(b) Whether the applicant has contravened any of the provisions of the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937) or of any rule, notification or order 18 made thereunder or has committed the breach of any of the terms and conditions of any licence or permit granted under the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937) or of any rule made thereunder;
(c) Whether the applicant has been convicted of any offence punishable under the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937) or of any cognizable and nonbailable offence or of any offence under the Dangerous Drugs Act, 1930 (Central Act II of 1930) or under the Trade and Merchandise Marks Act, 1958 Central Act 43 of 1958) or under sections 482 to 489 of the Indian Penal Code (Central Act XLV of 1860)
(d) Whether the applicant carries on any other business which is likely to prevent him from giving his due attention to the purpose for which the licence is sought for;
(e) Whether the applicant was a defaulter in payment of any amount due to the State Government under the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937) or the rules made thereunder or of any taxes or other amounts due to the State Government.
(f) Any other matter relevant to the purpose for which the licence is sought for.
I / We hereby declare:- 1) that the particulars given above are correct 2) that I / we have not been convicted of any offence under the Tamil Nadu Prohibition Act, 1937 or the rules made thereunder or of any other cognizable or non-bailable offence; and 3) that I have gone through the Tamil Nadu Distillery Rules, 1981 relating to the licence applied for by me /us herein and am / are conversant with the provisions thereon.
I / We hereby undertake to abide by the conditions of the licence and provisions of the Tamil Nadu Prohibition Act, 1937 and the Rules made thereunder.
Signature of the Applicant 19 FORM II [(See rule 5(a) and 5 (b)] Form of distillery Licence granted under 17-C of the Tamil Nadu Prohibition Act, 1937 I, ……………………..Commissioner of Prohibition and Excise, Chennai, under the provisions of section 17-C of the Tamil Nadu Prohibition Act, 1937, hereby grant the licence in favour of Thiru. ………………………. (hereinafter called the licensee) the grantee of the privilege under section 17-C to manufacture spirits in the distillery …………………………. at ………………………………………….. from ………………. to ……………………….. and to establish a distillery for the manufacture of spirits therein subject to the following conditions to be observed by the licensee.
CONDITIONS
1. The licensee shall be bound by the provisions of the Tamil Nadu Prohibition Act, 1937, and the notification, rules and orders made or issued thereunder and the Tamil Nadu Distillery Rules, 1981.
2. The licensee shall observe such rules as may be prescribed by the State Government or such instructions and orders as may be issued by the Commissioner from time to time, in regard to the control of the manufacture, possession and sale or issue of spirits and by-products.
3. The licensee is prohibited from manufacturing spirits other than that specified in the licence.
4. The licensee shall obtain an yield of spirits from molasses or other 1 [fermentative bases] at the rates specified by the Commissioner under Rule 39.
1. Substituted by G.O.Ms.
No.22, Home, P&E Dept, dated 22nd April 2008.
5. The licensee shall supply quantity of Rectified Spirit 2 [neutral or silent spirit] and to such persons as may be specified by the Commissioner from time to time under Rule 42.
2. Substituted by G.O.Ms.
No.22, Home, P&E Dept, dated 22nd April 2008.
6. Breach of any of the conditions of the licence or rules or orders relating to the distilleries either by the licensee or by any person in his employment in the course of his employment shall entail forfeiture of the deposit and cancellation or suspension of the licence. He shall also be liable to prosecution for any infringement of the provisions of the Tamil Nadu Prohibition Act, 1937, or the rules made thereunder.
7. The Commissioner reserves the right to cancel the licence without any notice, if the licensee is declared insolvent by a competent Court.
8. With the sanction of the State Government, the licence shall be cancelled by the Commissioner at his discretion on giving the licensee not exceeding fourteen days notice of such cancellation, in which case a proportionate part of the fee if any paid, shall be refunded. The licensee shall not be entitled to claim compensation on account of such cancellation.
Station : Commissioner of Prohibition Date : and Excise, Chennai.
20 FORM III [See Rule 10 (b)] FORM OF AGREEMENT TO BE EXECUTED BY THE APPLICANT THIS INDENTURE OF agreement made on this ……. day of ……………………………. One thousand nine hundred and ………….. between ……………………..
(name and address) (hereinafter called for obligator/s which expression shall, unless excluded by or repugnant to the subject or context, include his / their heirs, executors legal representatives and administrators of the one part and the Governor of Tamil Nadu (hereinafter called the Government), which expression shall, unless excluded by or repugnant to the subject or context, include his successors in office and assigns of the other part:
WHEREAS the obligator/s having applied to the Commissioner of Prohibition and Excise, Tamil Nadu (hereinafter called as the Commissioner) for a licence for the manufacture of spirits at his / their distillery at …………. Village ………… Taluk in ………………. District and to issue permits for the export and transport of spirits there from.
AND WHEREAS it is one of the conditions of the licence that the obligator/s shall observe all the provisions of the Tamil Nadu Distillery Rules, 1981 and in particular, shall either produce, for charge of duties and such other fees as may be prescribed, all stock of spirits manufactured at the distillery and on which duty has not been paid or deposit such goods in the warehouse or other place of storage within the distillery approved by the Commissioner, or shall otherwise account to the satisfaction of the Commissioner, for such spirit and shall not remove, from the licensee‟s premises or from the warehouse or other place of storage before the proper duty had been paid on any stock of spirit except as provided for in the Tamil Nadu Distillery Rules, 1981. And if the obligator/s shall pay into the treasury to the account of the commissioner all dues whether excise duty or other lawful charges which shall be demandable from the obligator/s as shown in the records of the Distillery Officer, the Joint Commissioner of Prohibition and Excise or the Commissioner, as the case may be, within ten days from the date of demand thereof being made in writing by the said Officer this obligation shall be void otherwise and on breach or failure in the performances of any part of this condition the same shall be in full force;
AND WHEREAS the obligator/s is are jointly and severally bound to pay to the Government a sum of 1 [rupees three lakhs only] towards security fee which payment, the obligator/s jointly and severally bind himself / themselves. The obligator/s further deposit /deposit with the Commissioner, the securities specified below as the guarantee for a total face value of 1 [rupees three lakhs only] payment, the obligator/s jointly and severally bind himself/ themselves. The obligator/s further deposit with the Commissioner, the securities specified below as the guarantee for a total face value of 1 [rupees three lakhs only].
1.Substituted by G.O.Ms.No.13, P&E II) dated.07.02.2007.
21 WHEREAS the obligator/s at his/their own free-will has/have furnished the above said cash securities duly endorsed in favour of the Commissioner/ Collector of the District concerned under the written direction of the Commissioner.
And the Government shall at their option be competent to make good the loss and damages from the amount of security deposit or by enforcing their rights under the above written agreement or by both.
List of each securities endorsed and deposited with the Government by the obligator/s:-
(1)
(2)
(3)
(4) I / We declare that this agreement of Security bond is given under the order of the Government for the specific performance of an act in which the public are interested.
Signature of the Obligator/s Place :
Signed in the presence of:-
(1) Witness :
Address :
Occupation :
(2) Witness :
Address :
Occupation :
Signed by Thiru. …………………………… Commissioner, acting for and on behalf of and by the order and direction of the Governor of Tamil Nadu.
Signed in the presence of:-
(1) Witness :
Address :
Occupation :
(2) Witness :
Address :
Occupation :
22 FORM IV [See rule 7 (a)] Application for the Renewal of the Licence granted for the privilege to establish distillery and manufacture of spirit To The Commissioner of Prohibition and Excise, Chennai – 600 005.
1. Name of the Distillery :
2. Address of Office with Phone No.
Telex No.
Factory with Phone No.
Telex No.
:
3. Licence No. and date in which licence was granted for the year (licence to be enclosed in original) Note- Original licence No.
and date of authority under which the licence was granted should also be quoted.
:
4. Whether the renewal application under the Tamil Nadu Distillery Rules, 1981 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.
:
23 b) Whether the treasury receipt in proof of payment of application fee, for the grant of privilege, licence fee and additional fee for belated application, if need be are attached to the application.
c) Whether the plans with full description of the buildings of the distillery and the statement relating to plans and equipments referred to in Rule 3 have been enclosed? If there are any alterations or additions to the building of the permanent apparatus used therein subsequent to the grant or renewal of the licence, a certificate from the Distillery Officer as to the correctness of the alterations or additions shall also be filed.
6. Whether the licensee has been convicted of any offence under the Tamil Nadu Prohibition Act, 1937 or the Rules made thereunder or of any other cognizable or non-bailable offence?
:
7. Whether the licensee is carrying out the written instructions on statutory orders issued by the Commissioner.
:
8. Whether the Distiller is in arrears of any excise duty or vend fee due to Government. If so the full details and reasons for having not remitted the dues, have to be furnished.
:
9. Whether the licensee is keeping regular accounts in the Form specified by :
24 the Commissioner.
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 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 Distillery Rules, 1981 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 and the rules made thereunder.
Signature of the Applicant