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 persons from the operation of these rules.
*********** 22 23 FORM NO .1 (See rule 4) Application for licence to manufacture Indian-made Foreign Spirits (Delete the portion not applicable) To The Commissioner and Secretary to Government, Prohibition and Excise Department.
Fort St George, Chennai – 600 009.
Through the Commissioner of Prohibition and Excise, Chennai – 600 005.
Sir, I /We ………………………….
of……………………………………. ( here enter address) request that I/ We may be granted / privilege the accompanying licence of manufacturing Indian- made foreign spirits during the Year ending on the 31st March 20….
may be renewed for period I/ We furnish below the particulars required under rule 5 of the Tamil Nadu Indian-made Foreign Spirits (Manufacture) Rules, 1981:-
(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 the 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 rules, notification or order 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 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);
24
(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.
2. I / We hereby declare particulars (in the table over-leaf) of the manufactory and the premises where I / We intend to carry on business for the manufacture of such Indian-made foreign spirits.
3. I / We hold licence No…………………………..for constructing and working a distillery for the manufacture of spirit upto…………………………..
4. I / We agree to abide by the terms and conditions of the licence which may be granted / renewed and the provisions of the Tamil Nadu Prohibition Act, 1937 and the rules, regulations and orders made thereunder.
5. I / We have enclosed in quadruplicate, the site and elevation plans of the manufactory building(s) and also similar plans for the quarters of the Prohibition and Excise staff together with relevant records.
6. I / We enclose four signed copies of the process which I / We desire to adopt for the manufacture of each variety of potable liquor /or I / We will adopt the process for the manufacture of Indian-made foreign spirits which have already been approved by Government under its No………………………….dated ………………..20
7. I / We hereby declare that no excise licence previously held by me / us has been revoked or suspended or has failed to be renewed owing to a breach of the Act, rules, regulations, notifications or orders governing the grant of such licence.
8. I / We declare that to the best of my / our knowledge and belief the information furnished herein is true and complete.
Place ………………………… Date …………………………. Signature (s) of the Applicant(s) 25 26 FORM NO. 2 (See: rule 7) (Licence for compounding, blending and bottling of Indian-made foreign spirits).
I __________________________ the Commissioner of Prohibition and Excise , Tamil Nadu State under the provisions of the Tamil Nadu Indian-made Foreign Spirits ( Manufacture) Rules, 1981 hereby license you __________________ ___________________________ ___________________________ ____________________________ to compound, blend, mature and bottle the Indian-made foreign spirits , in the brand, specified below within the premises described in the appended Schedule from ___________day of _______ 20 ______________ upto the end of March 20 _______________ subject to the following conditions.
*[Name of the Indian-made Foreign Spirits licensed ______________ Name of the brands licensed ______________ CONDITIONS
1. The licensee shall be bound by the provisions of the Tamil Nadu Prohibition Act, 1937 and of the rules made or which may hereafter be made thereunder so far as they concern him.
2. The licence extends only to the privilege of compounding, blending, maturing and bottling of **[Indian-made foreign spirits in the brands specified in the license] and to their issue from the licensed premises after payment of duty by the licensee or otherwise.
3. The licensee shall provide a hydrometer, a centesimal Hydrometer and a Thermometer (Centigrade) Sykes Table and such other instruments for the use by the Excise Officer in-charge. He shall also be provided with the furniture and stationery articles for the use of the officer-in-charge for official purposes.
* Inserted by SRO A-77 / 93 ** Inserted by SRO A-77 / 93 27
4. The licensed premises shall always be kept clean.
5. The licensee shall furnish to the officer in-charge, a list of employees in his rolls who work in the manufactory and shall not permit any other person to enter the manufactory without the prior permission of the officer in-charge.
6. The licensee shall maintain true accounts of all transactions of registers as may be prescribed from time to time and shall also submit periodically all returns specified by the Commissioner of Prohibition and Excise or other officer authorised in this behalf.
7. Breach of any of the conditions of licence, or rules or orders relating to the blending, compounding and bottling of Indian-made foreign spirits either by the licensee or by any person in his employment, shall entail the forfeiture of the deposit and cancellation or suspension of licence in addition to prosecution under the Tamil Nadu Prohibition Act, 1937.
Name of Taluk, Village and Bounded on the the muri, door number and North by East by South by West by other particulars in full _______________________ _______________________ _______________________ Commissioner of Prohibition and Excise.
28 FORM 3 [(See rule 17(4)] Register of Transactions in the Spirits Store of………………………… On hand Received Total on hand and received Expended D a te K in d Q u a n ti ty S tr e n g th P ro o f W h e n c e P e rm it N o .
K in d Q u a n ti ty S tr e n g th P ro o f K in d Q u a n ti ty S tr e n g th P ro o f R e q u is it io n N o .
K in d Q u a n ti ty S tr e n g th P ro o f
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19)
(20) 29 FORM 4 (See rule 18) (Requisition for issue of Spirits from the Spirits Store …………….)
To The Officer-in-charge Sir, Please issue for Compounding and Blending the following quantities of spirits:- Spirits required Kind of operation Proposed production Kind Quality Strength Proof Name of preparation of which required Quantity to be prepared Strength Date: Signature of Licensee.
FORM 5 [(See rule 18(10)] (Record of Compounding Operation).
Quantity received from Spirit Store Preparation manufactured D a te R e q u is it io n N o .
K in d Q u a n ti ty S tr e n g th P ro o f B a tc h N o .
V a t N o .
Q u a n ti ty S tr e n g th P ro o f In it ia l o f th e O ff ic e r in -c h a rg e
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
(12) 30 FORM 6 [(See rule 18(11)] Record of blending and maturing Operation.
Spirits received Spirit out-turned Shrinkages D a te R e q u is it io n N o .
Q u a n ti ty S tr e n g th P ro o f L it re o f w a te r a d d e d N a m e o f th e p re p a ra ti o n B a tc h N O .
V a t N o .
Q u a n ti ty S tr e n g th P ro o f D if fe re n c e b e tw e e n c o lu m n ( 3 ) o r c o lu m n (3 + 6 ) a n d c o lu m n ( 1 0 ) P e rc e n ta g e c a lc u la te d o n c o lu m n ( 3 ) o r c o lu m n ( 3 + 6 ) a n d c o lu m n ( 1 0 ) P e rc e n ta g e c a lc u la te d o n c o lu m n ( 3 ) o r c o lu m n ( 3 + 6 ) D if fe re n c e b e tw e e n c o lu m n ( 5 ) a n d ( 1 2 ) P e rc e n ta g e o f c a lc u la te d o n c o lu m n ( 5 ) In it ia l o f th e O ff ic e r in -c h a rg e
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) 31 FORM 7 [(See rule 19(8)] Record of Bottling Operation Receipts from Laboratory Details of bottles filled Bottled Filled Cases packed.Bottles in each case.
D a te B a tc h N o .
V a t N O .
Q u a n ti ty S tr e n g th N o .
o f b o tt le s S iz e o f b o tt le s Q u a n ti ty S tr e n g th N o .
o f c a s e s N o .
o f b o tt le s i n e a c h c a s e S iz e o f b o tt le s Q u a n ti ty S tr e n g th In it ia l o f th e O ff ic e rin c h a rg e
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)
(15) \ 32 FORM 8 [(See rule 19(9)] Stock Register of I.M.F.S. in the Store of Finished products Receipt Name of product Issue of collection of duty Issues under Bond.
D a te N a m e B a tc h N o .
N o .
o f b o tt le s S iz e o f b o tt le s Q u a n ti ty S tr e n g th N a m e o f th e l iq u o r B a tc h N o .
N o .
o f b o tt le s S iz e o f b o tt le s Q u a n ti ty S tr e n g th D u ty r e a lis e d D a te o f re a liz a ti o n o f d u ty N a m e o f liq u o r B a tc h N o .
N o .
o f b o tt le s S iz e o f b o tt le s Q u a n ti ty S tr e n g th In it ia l o f th e O ff ic e rin c h a rg e
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15 )
(16) (17) (18) (19) (20) (21) (22) 33 FORM 9 (See rule 24) Diary of the Officer-in-charge.
Date Serial number of transaction Hour Number of lock ticket Particulars Put on Taken off.
(1) (2) (3) (4) (5) (6) Signature of the Officer- in-charge.
*[FORM 9-A (See rule 20-A) Export Licence No. ……………………………… and Date Licence to export Indian-made foreign spirits from the State of Tamil Nadu to any other State in India.
Licence is hereby issued to Thiru/Tvl. ……………………………….
under section 17-B (b) of the Tamil Nadu Prohibition act, 1937 ( Tamil Nadu Act of 1937) subject to the provisions of the Tamil Nadu Indianmade Foreign Spirits ( Manufacture ) Rules , 1981 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.
(2) The licence is valid on and from ………to 31st March 19…..
(3) The licence is not transferable.
COMMISSIONER OF PROHIBITION AND EXCISE.
* Inserted by G.O.Ms.No.495, P&E, dated
24.04.1986 34 *[FORM 10 (See rule 20-B) (Application for the grant of export permit for export of Indian-made foreign spirits).
To The Commissioner of Prohibition and Excise , Chepauk, Chennai 600 005.
(1) Name and Address of the licensee:
(2) Quantity and the description of Indian-made-foreign spirits proposed to be exported:
(3) Place to which it is proposed to be exported:
(4) The route of transport ( State whether road, rail air, sea etc.
and indicate the important places on the route):
(5) the period for which the permit to be current;
(6) The details of payment of excise duty made:
Place: Signature of the applicant.
Date:
.
* Inserted by SRO A-84 (f) /84 Here affix Court fee label to the value of rupees two.
35 *[FORM 11 (See rule 20-B) GOVERNMENT OF TAMIL NADU OFFICE OF THE COMMISSIONER OF PROHIBITION AND EXCISE DEPARTMENT, CHENNAI-600 005.
( Permit for export of Indian-made foreign spirits).
Export Permit No. …………………….. Dated:
(1) Name and address of the licensee:
(2) Name and address of the person to whom Indian-made foreign spirits are to be exported.
(3) Place to which they are to be exported:
(4) Route ( State whether road, rail, air, road-cum-rail or sea etc.)
(5) Period of validity of export permit:
(6) Description of India –made foreign spirits to be exported;
(Kind of commodity). (Quantity allowed (Details of excise to be exported). duty paid) Amount of export duty paid :
Chalan No :
Date :
Paid at :
(7) The alcoholic or other strength of the Indian- made foreign spirit
(8) Number and nature of receptacles contained the Indian-made foreign spirits:
(9) Purpose for which Indian-made foreign spirits is exported;
(10) Date of Import permit or No objection certificate and period of validity:
* Inserted by SRO A-84 (f) /84 36 CONDITIONS.
1. The permit shall be used only once during its currency. The consignment shall not be broken in bulk while in transit and shall be exported in one lot.
2. The consignment shall be got verified by an Officer of Commissioner of Prohibition and Excise Department before export.
3. The export permit shall be surrendered to the Commissioner of Prohibition and Excise , if it is not made use of within the currency of the permit.
4. The licensee shall pay such cost of the excise or other escort, if any, as the Commissioner of Prohibition and Excise may decide.
FOR COMMISSIONER OF PROHIBITION AND EXCISE.
To Tvl.
Copy to:
37 TAMIL NADU IMFS (MANUFACTURE) RULES, 1981