The Government may, by notification, subject to such conditions, as may be specified therein, exempt, whether prospectively or retrospectively, any person or class of persons from all or any of the provision of these Rules.
25 FORM – 1 See rule -3 From To The Secretary to Government, Prohibition and Excise Department, Chennai-600 009.
Sir , I am desirous of establishing a wine (Manufacture) Unit for the manufacture of wine. I submit herewith a scheme for the working of the wine (Manufacture) Unit as required under rule 3(1) of the Tamil Nadu Wine (Manufacture) Rules, 2006. I request the Government may be pleased to accord their approval for the scheme. I shall complete the formalities within one year from the date of approval of the scheme by the Government.
Thanking you, Date: Yours faithfully, Enclosure: Scheme in Form appended.
26 APPENDIX TO FORM I (Scheme notifying the proposal to construct and work a wine Manufactory unit)
1. (a) Name and address of the applicant
(b) Name and address of the institution ( 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 Company
1. Fixed Assets--
(i) Land Rs.
(ii) Buildings 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) A full description of the Vineyard proposed to be established for the purpose of procuring grape by the applicant (with 27 copies of supporting documents)
(ii) Quantity and value of raw material of indigenous origin per year.
(iii) Quantity and value of raw material to be imported or imported origin per year.
(iv) Quantity of alcohol, if any required per year in the manufacture of fortification of the wine proposed for manufacture.
6. Water and power requirement--
(i) Particulars of requirements
(ii) Whether necessary permission has been secured
7. Process--
(a) Brief process details of manufacture
(b) Standard and quality of products proposed to be manufactured.
8. Technical Assistance-- Whether any foreign collaboration or knowhow is envisaged and if so, indicate the same.
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 Manu- quantity value annual Facture. (In metric measures)production I.F. Unit value product
(1) (2) (3) (4)
11. Employment potential-- 28
(i) Supervisor
(ii) Skilled
(iii) Unskilled
12. (a) Any Special facilities required from the Government
(b) Special features, if any, of the 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.
Station:
Date:
29 FORM 2 (See rule 3) PROHIBITION AND EXCISE DEPARTMENT LETTER OF INTENT Government Letter Number: Dated:
From The Secretary to Government of Tamil Nadu, Prohibition and Excise Department, Chennai 600 009.
To Thiru / Thiruvalargal Sir (s), Subject: Excise - Tamil Nadu Wine (Manufacture) Rules, 2006 - Proposal to construct and work Wine Manufactory Unit 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 wine at ..................................................
(Place)........................................(District) under a licence to be granted and they have tentatively decided to accord approval to the proposal for a capacity of..................................... million litres, per year and without any commitment on the part of the Government to allot or supply any raw materials or recommend any foreign exchange or foreign collaboration, and you should fulfil the formalities prescribed under the rules now in force or as may be prescribed from time to time hereafter.
30
2. This letter of intent is valid for a period of one year from this date, but it shall not however, confer any right of privilege for the grant of a licence in your favour and it is liable to be withdrawn in public interest at any time and in such an event no compensation or damage whatever shall be payable for the same.
Yours faithfully, Secretary to Government.
Copy to:
The Commissioner of Prohibition and Excise, Chennai-600 005 The Collector of..........................................District.
The Director of Industries and Commerce, Chennai-600 005 The Industries Department, Chennai-600 009.
31 FORM 3 (See rule 4) To The Commissioner of Prohibition and Excise, Chepauk, Chennai-600 005.
Application for grant of privilege and licence under rule 4 of the Tamil Nadu Wine (Manufacture) Rules 2006.
Dated...........................
Application of.............................resident of....................................
carrying on business at .................................................. ........Manufacture of Wine:
(1) The undersigned Thiru ........................................../for himself / acting on behalf ........................................... applies for grant of privilege and a licence to manufacture wine under the Tamil Nadu Wine (Manufacture)Rules,2006,.............at ............................................................
in the district .......................................of .......................................in the State of Tamil Nadu.
(2) The applicant desires to administer the Wine Manufactory Unit with the apparatus of the following sizes and descriptions, namely :- ................................................... .............................................
................................................... .............................................
(3) In the event of a licence being granted, the applicant proposes to commence the manufacture of wine within ..................................on the .....................................
(4) Plans and estimates of the premises and buildings to be used as a wine manufactory and for store house and other purposes connected with the business 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 manufactory under the rules in that behalf for the time being in force.
32
(5) The applicant undertakes to comply in all respects with (a) the provisions of the Tamil Nadu Prohibition Act, 1937; (b) the provisions of the Tamil Nadu Wine (Manufacture) Rules 2006, applicable to the wine manufactory, 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 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 Wine (Manufactory) Rules, 2006 of the licence.
(9) Certified that the following documents are enclosed.
1. Annexure to the application duly filled in.
2. A full description of site and plan of the building in which the wine manufactory is located.
3. A statement in triplicate specifying the number size and description of all the vessels and apparatus which are proposed to be used in the manufacture of wine.
4. A statement showing the quantity of wine proposed to be manufactured during the currency of licence, and
5. particulars of the kinds of wine proposed to be manufactured I / we declare that the particulars furnished are correct and in case if they are found illegal or false I/we am / are liable for all legal and other actions.
(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 of such person must be given. If the application is from 33 a institution, the full name and principal place of business of the institution and the names of each partner thereof must to be stated.
To be signed by each applicant ( if more than one) or some person legally authorized to sign for him, or for the institution when the application is from an institution.
34 ANNEXURE TO FORM 3 (APPLICATION FOR LICENCE)
1. (a) Name and address of the applicant. (furnish the name of the person in whose name the license to be issued).
(b) Name and address of the Institution
(c) Whether public / private Limited or proprietary concern registration details under the relevant Acts/Authority to be furnished.
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) Buildings Rs.
(iii) Plant or machinery Rs.
(iv) Others, if any Rs.
---------- Total Rs.
----------- II. Working capital Rs.
Audited financial statement for the last three years in the case of existing institution should be enclosed.
3. Location
4. Plant and machinery-
(i) Value of plant and machinery of description to be imported or of imported origin.
(ii) Value of plant and machinery of description of indigenous origin.
5. Raw materials required for production-
(i)Type of raw materials required and source of requirement.
35
(ii) A full description of the Vineyard established by the applicant. ( copies of supporting documents)
(iii)Quantity of alcohol, if any required per year in the manufacture of fortification of wine proposed for manufacture
(iv)Source of procurement of alcohol
6. Water and power requirement --
(i) Particulars of requirements
(ii) Whether necessary permission has been secured from the concerned authority with details of such permission
7. Process of manufacture of wine --
(a) Brief process of manufacture of wine
(b) Standard and quantity of products proposed to be manufactured.
8. Technical Assistance--
(i) Whether any foreign collaboration or know-how is envisaged and if so the letter of intent is issued.
(ii)Details of collaboration within the country
9. Forecast of time factors-
(a) Time required to erect machinery after the grant of licence.
(b) Time required to start production after the licence is granted.
10. Item of manufacture Annual capacity quantity, value (In metric measures) Estimated annual production Unit value Product
(1) (2) (3) (4)
11. Employment potential
(i) Supervisor
(ii) Skilled
(iii) Unskilled
12. (a) Any Special facilities required from the Government.
(b) Special features, if any, of the scheme.
13. (i) Chalan number and date in support of Payment of fees towards the application fee, privilege fee and licence fee with place of remittance.
36
(ii) Whether the chalan in original is enclosed.
Date: Signature of the Applicant 37 FORM - 4 (See rule 5) (Licence for the Manufacture of Wine) Licence No:
Commissioner of Prohibition and Excise Proceedings No. and Date:
Licence is hereby granted to Thiru .......................................S/o ..................………… residing at ............................................. in the district of .........................................,under section 17-c of the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937) and the Tamil Nadu Wine (Manufacture) Rules, 2006 to manufacture or store and bottle wine at the manufactory situated at......................................... for the period commencing from.....................and ending with the 31st, March ………… Subject to the terms and conditions set out here under and also other conditions as may be notified from time to time-- CONDITIONS 1) The breach of any rules terms and conditions of licence will result in the suspension or cancellation of the licence.
2) The licence shall be liable for cancellation in the event of the licensee failing to errect the plant and machinery and commence the manufacture of wine within the time limit specified under the rules, in which case the licensee shall not be entitled to any compensation for whatever damage or loss.
3) The licensee shall manufacture the wine only at the manufactory and under the supervision of the Excise Supervisory Officer of the manufactory.
4) The licensee shall use only fresh grapes or fruits which are ripe and shall not use any fermenting agent except with the special permission of the Commissioner Sugar or Jaggery may be added before, during or after fermentation as provided under the rules.
5) The strength of wine shall be between 8 and 13% v/v for dry wines, and 10.5% to 15.5.% v/v for sweet wines. The Licensee shall not 38 dilute or adulterate the wine or store or permit to be stored any wine which he knows to be diluted or adulterated.
(Provided that wine may be fortified with neutral alcohol or cane juice or spirit or pure grape or fruit brandy to increase the alcoholic strength of wine which shall not exceed 42% of proof spirit, or 24% v/v).
6) 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 approval through the Excise Supervisory Officer with a sample of the material detailing the purpose for which it is to be used. Only on receipt of approval for use of such material, it shall be in the manufacturing process.
7) All receptacles shall be so placed and fixed, as to facilitate the contents thereof being accurately gauged and measured. Each receptacle shall be gauged by the Officer of Weights and Measures Department and shall bear a distinctive serial number and have its capacity distinctly and indelibly marked on it. A table showing the dimensions and capacities of the receptacles shall be maintained by the licensee for reference.
8) All Sugar/ Jaggery shall be stored in a room specially set apart for the purpose to be shown as a Sugar / Jaggery Store.
Sugar/Jaggery shall not be removed from the store into any other part of the manufactory except in pursuance of an entry in the book for use in the manufacture of wine.
9) Only pure filtered potable water shall be used for the manufacture of wine.
10) The licensee shall, besides providing suitable office accommodation with sanitary arrangements for the Supervisory staff within the premises of the manufactory, also supply them with such furniture and other articles as the Commissioner may consider necessary.
11) The licensee shall not permit or allow any smoking and use of naked light or fires within the premises of the manufactory.
39 12) The licensee shall not discontinue the manufacture of wine unless he has given to the Commissioner, three months notice in writing of his intention to do so or has deposited an amount equivalent to three months salary of the Excise Supervisory staff employed in the unit in lieu of such notice 13)(a) There shall be only one entrance one exit and one emergency exit to the Manufactory and one door to each of the components or rooms .
(b) At the end of each working day, the licensee shall close and lock the manufactory and every room or compartment therein in the presence of Excise Supervisory Officer.
14) The licensee shall keep affixed on the outside of each room of compartment of the manufactory a sign board which should be conspicuously painted in oil colour, the purpose for which the room or compartment is intended to be used and no room or compartment or receptacle intended for a specific purpose shall be used for a different purpose.
15)(a) The licensee shall maintain accounts showing a correct account of--
(i) the kind and quantity of grape and other fruits and sugar or jaggery used and also of the quantity of water added;
(ii) the period allowed for fermentation;
(iii) the names and quantities of other ingredients if any added before, during or after fermentation to the "Must" or wine;
(iv) the period allowed for ageing;
(v) quantity of wine manufactured;
(vi) quantity of wine issued from the manufactory with the dates of manufacture, issue, the names of the licensees to whom and the places to which the wine has been consigned;
(vii) the balance in stock after each transaction ;
(viii) the quantity of residue and base and the manner of their disposal
(b) The licensee shall maintain day-to-day accounts showing therein the stock of wine, bases or "Must" in the manufactory at the end of each day.
40
(c) The entries in the account books should not be erased or overwritten. Should it be necessary to correct any entry, it should be rounded in red ink in such manner as to leave it distinctly visible and the correct entry should be inserted above it.
Every such correction should be initiated by the Excise Supervisory Officer.
(d) The licensee shall maintain proper accounts of transactions of spirit stored
16. The licensee or his representative shall issue authorizations duly signed by himself or his representatives and countersigned by the Excise Supervisory Officer to all his agents or servants who are allowed to enter the manufactory. No persons who does not hold an authorisation shall be allowed to enter the manufactory.
17. The licensee shall, on a requisition from the Excise Supervisory Officer allow him to take samples of the grapes other fruits used, the juice of such grapes at any stage of fermentation and the wine stored in the manufactory free of cost, whenever required for the purpose of Chemical analysis. The quantity taken for samples shall not exceed 500 M.L in the case of the wine or other liquids, or ½ kilo in case of semi-liquids. The Licensee shall pay the necessary fee for Chemical Analysis.
18. The licensee shall allow the Excise Supervisory Officer or any other officer duly authorised by the Commissioner to take stock of wine stored at the manufactory. The licensee shall be required to explain the excess or deficiency in the stock. If the explanation is not satisfactory, the licensee may be required to pay excise duty for such stock as the Commissioner may direct.
19. The licensee shall maintain such measures and weights as may be prescribed by the weight and Measures Department.
20. The licensee shall not sell wine except to licensees as fixed by Government or Commissioner 41
21. The licensee shall display the licence in a conspicuous place in the manufactory.
Granted this..................... dated...................200 Commissioner of Prohibition and Excise Licencing Authority 42 FORM 5 [See rule (8)] Application for the renewal of the licence granted for the privilege to establish a Wine Manufactory .
To The Commissioner of Prohibition and Excise, Chepauk, Chennai 5
1. Name of the Manufactory
2. Address: Office:- Phone Number FAX/ Telex Number Factory:
Phone Number FAX/ Telex Number
3. Licence number and date in which licence was granted for the year (Licence to be enclosed in original)
4. Whether the renewal application under the Tamil Nadu Wine(Manufacture) Rules, 2006 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 rupees two.
(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?
(c) Whether the plans with full description of the buildings of the Wine Manufactory and the statement relating to plant, machinery, equipments and apparatus referred to in the rules 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 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 congnizable or non bailable offence?
7. Whether the licensee is carrying out the orders issued by the Commissioner?
8 Whether the Wine Manufactory is in arrears of any Excise Duty or fee due to Government? If so, 43 the full details and the reasons for having not remitted the dues, have to be furnished.
9. Whether the licensee is making entries relating to various transaction in the manufactory and handling of wine in the accounts as per rules and also in accordance with the instructions of the Commissioner or the Excise Supervisory Officer?
I / We hereby declare---
(i) that the particulars given above the 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 congnizable or non bailable offence:
and
(iii) that I/We have gone through the Tamil Nadu Wine(Manufacture) Rules, 2006, 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.
Signature of the Applicant.
Station:
Date:
44 FORM 6 (See rule 9(2) Mortgage deed.
This deed of mortgage made this ................... day of ........................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 successorsin-office and assigns) of the other part;
Whereas by a licence bearing licence No…. dated…… issued under the Tamil Nadu Wine (Manufacture) Rules, 2006 framed under the Tamil Nadu Prohibition Act, 1937 the Commissioner of Prohibition and Excise has duly authorised the Mortgagor to manufacture wine in the district of................................ from the .................... day of .............to the .............................................. day .................... of..... subject to the terms and conditions contained in the said licence and to be observed by the Mortgagor;
And whereas, it is one of the conditions of the said licence that the infraction of any violation of the provisions of the rules or the conditions of the licence by the Mortgagor or by any person in their employment may entail the suspension or cancellation of the Mortgagor‟s licence.
And whereas, by an agreement executed on the day of......................, the Mortgagor 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 of agreement and stipulations hereinafter contained shall apply not only to the licence hereinbefore mentioned but shall also apply to any subsequent licence or licences granted to the Mortgagor immediately upon the determination of the licence hereinbefore mentioned in renewal thereof respectively and of any further licences to be granted to the Mortgagor for the same 45 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 covenant with the Mortgagee that the Mortgagor shall 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 respectively shall become due or payable under the provisions of the Act, Rules and licences herein before recited or of any such new licences so to be granted as aforesaid 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 or any of them become payable by the Mortgagor to the Government of Tamil Nadu, by way of duty, fees or other payments under all or any of the provisions of the said licences respectively or any of them or otherwise in connection therewith respectively;
AND THESE PRESENTS ALSO WITNESSETH 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 wine manufactory, 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 wine 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, wine manufactory, buildings and premises or any of them or any part thereof respectively all of which particularly described in the Second Schedule 46 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 therewith;
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, wine buildings and premises hereby granted 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 the fee, duty or any amount 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 of 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 hereinbefore 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 Mortgagee shall at any time after all such payments shall have been made upon the request and at the cost of Mortgagor, reconvey and reassign the said mortgaged property hereinbefore expressed to be hereby granted, conveyed and assigned unto the Mortgagor and the Mortgagor do hereby convenant 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 wine manufactory, 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, 47 unless in cases where such pulling down or removal shall be rendered necessary by any of the said mortgaged property being worn out or damaged in the ordinary course of business of the Mortgagor as the holders of the said licence and in such cases shall replace the said mortgaged property worn out or damaged 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 wine 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 machinery, implements, apparatus, utensils or wine or other things now standing 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 mortgaged 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, wine 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 resell 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;
48 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, unasertained or 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 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 hereinbefore 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 49 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 covenant with the Mortgagee that they, the Mortgagor now have power to grant, convey and assign all the said Mortgaged property hereinbefore 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 and afterwards of the 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.
It witness whereof Thiru .............the Mortgagor and Thiru ..................... acting for and on behalf of any 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.
50 The First Schedule above referred to The Second Schedule above referred to Signed by Thiru............................(Mortgagor) in the presence of:
Witnesses: (1) Name ..
Seal (in case of Company) 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:
Witnesses: (1) Name ..
Occupation ..
Address ..
(2) Name ..
Occupation ..
Address ..
.
51 FORM 7 (See rule10) Counterpart 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 representatives and assigns) of the one part and the Governor of Tamil Nadu (herein after called the " Government" 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 wine by the Commissioner of Prohibition and Excise, Chennai in terms of licence No…….
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 contained in the licence No...............
dated. .......... the .................................... day of ...........................
20........... issued to the licensee by the said Commissioner under the Tamil Nadu Wine (Manufacture) Rules, 2006;
IN WITNESS WHEREOF ......................................................
licence and Thiru ....................................................... acting for and on behalf of the Governor of Tamil Nadu have herewith set their hands on the .............month and year first above written.
Signature of Licensee.
Witnesses: (1) Name ..
Occupation ..
52 Address ..
(2) Name ..
Occupation ..
Address ..
Signed by Thiru................................................................ acting for and on behalf of and by the order and direction of the Governor of Tamil Nadu.
Signature of the Officer Witnesses: (1) Name ..
Occupation ..
Address ..
(2) Name ..
Occupation ..
Address ..
53 FORM 8 (See Rule 23) Register of transactions of Spirit Stores of the Manufactory of ……………………………………………………………………………… In hand Received Proof Month and date Quan- Strength Proof Source Permit Quan- Strength tity of No. tity supply and date
(1) (2) (3) (4) Total in hand and received Expanded Remarks (Columns 2 and 3) Quantity Strength Proof Tank No. Batch No.
to which added
(5) (6) (7) 54 FORM 9 (See Rule 29) Indent for the supply of Neutral Alcohol / Pure Grape / Fruit Brandy / Cane Juice Spirit Manufactory of..............................................................
Indent No. .......................................................... Date ...............................
To The Excise Supervisory Officer, ......................................
Sir, Please issue ................................................................... Litre of Neutral Alcohol, Cane Juice, Spirit, Pure Grape, Fruit Brandy from the spirit store for use in the fortification of wine in Tank No.
.......................................... Batch No...................................................
Signature of the Licensee Quantity Issued Signature of Signature Date Excise Supervisory and Quantity Strength Proof time of issue
(1) (2) (3) (4) (5) (6) 55 FORM 10 (See Rule 29) SL.
No.
Date Sl.
No.
of the tank Capacity of the tank Gauged contents of wine in Ltrs.
Batch No.
Strength of wine in proof Quantity Neutral Alcohol / Pure Grape / Fruit Brandy / Cane Juice Spirit
(1) (2) (3) (4) (5) (6) (7) (8) Gauged contents after adding Neutral Alcohol / Pure Grape/Cane Juice Spirit/Fruit Brandy Strength of wine after fortification to proof Date on which bottled Remarks
(9) (10) (11) (12) 56 FORM 11 (See Rule 34) Indent for removal of Wine No: Date:
1. Name and Address of the Wine Manufactory
2. Licence number and date
3. Particulars of Wine 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) 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) 57 FORM 12 (See Rule 35) Export licence No.............................. and dated:............... licence to export wine from the State of Tamil Nadu to any other State in India.
Licence is hereby issued to Thiru/ Thiruvalargal ......................to export to (Name of State ) Wine (name the brand) not exceeding of bottles subject to the provisions of the Tamil Nadu Wine( Manufacture) Rules,
2006............... and the conditions of licence set out hereunder and such other rules and conditions that may be notified from time to time.
CONDITIONS 1 The process of export either in one batch or more and covered by the licence shall be supervised by the Excise Supervisory Officer.
2 The breach of any of these rules and conditions may result in the suspension or cancellation of the licence in accordance with the rules.
3 The licence is valid for the period commenced from ……………… and ending with 31st March.
4 The licence issued is not transferable.
5 When the export process is completed and the wine bottles reached the place of destination a completion report shall be sent by the licensee to the Commissioner through the Excise Supervisory Officer of the unit.
Commissioner of Prohibition and Excise.
58 FORM 13 (See Rule 36) Application for grant of permit for export of wine Court fee label to the value of rupee two To The Commissioner of Prohibition and Excise, Chepauk, Chennai-600 005.
(1) Name and address of the licensee.
(2) Export licence No. and date and its period of validity.
(3) Quantity , strength and description of wine proposed to be exported.
(4) Place to which it is proposed to be exported.
(5) Route of transport (state whether road, rail, road-cum-rail, air, sea, etc., and indicate the important places on the route).
(6) Period of validity of permit.
(7) Details of payment of excise duties made.
Place:
Date: Signature of the Applicant.
59 FORM 14 (See rule 36) Permit for Export of wine Export Permit No. Dated:
(1) Name and Address of the licensee
(2) Name and address of the person to whom wine is to be exported
(3) Place to which wine is to be exported
(4) Route (State whether road, rail, air, roadcum- rail or sea, etc.)
(5) Period of validity of export permit
(6) Description of wine to be exported Kind Strength Quantity allowed to be exported Details of Excise Duties paid
(1) (2) (3) (4) Amount:
Date of Payment:
paid at:
(7) Number and nature of receptacles containing the wine
(8) Details of import licence/import permit or “No objection Certificate:
including period of validity.
CONDITIONS
(1) The consignment shall be got verified by an Officer of Prohibition and Excise Department before export.
(2) The permit shall accompany the consignment and shall be used only once during is currency. The consignment shall not be broken in bulk, while in transit and shall be exported in one lot. It shall not be diverted or brought back to the State of Tamil nadu after export.
60
(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 pay cost of the escort if any as the Commissioner of Prohibition and Excise may decide.
Commissioner of Prohibition and Excise To Thiruvalargal………………………………….
61 FORM 15 (See Rule 43) S e ri a l N u m b e r D a te o n w h ic h g ra p e s a re is s u e d fo r c ru s h in g K in d o f W in e B a tc h n u m b e r Manufacturing Room T o ta l q u a n ti ty u n d e r m a n u fa c tu re i n l it re s D a te o n w h ic h w in e i s s u e d f o r fi lt ra ti o n Filtration Room D a te o n w h ic h f il tr a ti o n w a s c o m p le te d a n d t h e w in e w a s p u t in to v a s s e l f o r a g e in g D a te o n w h ic h w in e a s r e m o v e d fr o m v e n e l fo r b o tt li n g V a t N u m b e r Q u a n ti ty o f F re s h G ra p e s Q u a n ti ty o f o th e r m a te ri a ls , if a n y Q u a n ti ty o f s u g a r o r ja g g e ry Q u a n ti ty o f W a te r T o ta l c o n te n ts i n t h e V a t in l it re s Q u a n ti ty r e c e iv e d f ro m th e m a n u fa c tu ri n g r o o m Q u a n ti ty r e c e iv e d a ft e r fi lt ra ti o n Q u a n ti ty o f re s id u e o r b a s e D a te o n w h ic h t h e re s id u e o r b a s e d e s tr o y e d A B C D E F A B C D
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Bottling Room Store Room In it ia l o f t h e o ff ic e -i n - c h a rg e R e m a rk s Q u a n ti ty r e c e iv e d Q u a n ti ty b o tt le d Q u a n ti ty i n l it re s Q u a n ti ty i n M .L .
Q u a n ti ty in M .L .
Q u a n ti ty i n M .L .
Q u a n ti ty i n M .L .
Q u a n ti ty i n M .L .
Q u a n ti ty i n M .L .
Q u a n ti ty i n M .L .
Q u a n ti ty t ra n s fe rr e d t o g e n e ra l s to re r o o m B a la n c e i n s to c k i n b o tt li n g r o o m Q u a n ti ty R e c e iv e d Q u a n ti ty i s s u e d a ft e r c le a ra n c e o f d u ty C h a ll a n n u m b e r a n d d a te i n w h ic h d u ty w a s re m it te d P e rm it n u m b e r a n d d a te B a la n c e i n s to c k A B C D A B C D E
(11) (12) (13) (14) 62 TAMIL NADU WINE RULES, 2006 Updated_Dec-2018