THE

JHARKHAND GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

4 Poush, 1940(S)

Ranchi, Tuesday, 25^thDecember, 2018

EXCISE AND PROHIBITION DEPARTMENT

-----------------

NOTIFICATION

24^thDecember, 2018

No. :- 01/Niti-22/2017- 2141-- In exercise of the powers conferred by

section 89

of Jharkhand Excise Act, 1915, the Government of Jharkhand makes the

following rules :-

Jharkhand Excise (Country Liquor Manufacturing, Bottling and Storage)

Rules, 2018

Short title and commencement - 1) These rules may be called the

Jharkhand Excise (Country Liquor Manufacturing, Bottling and

Storage) Rules, 2018.

(2)

It extends to the whole of State of Jharkhand.

(3)

They shall come into force from the date of publication in the

official gazette.

Definitions - (1) In these rules, unless there is anything repugnant in the

subject or context, -

"Act" means the Jharkhand Excise Act, 1915;

"Board" means the Board of Revenue.

"Country Liquor" means the liquor define in rule (I) (3) (a) (b) (c)

No. 1149

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

(d)

of the rules framed by Government notification no 470/F dated

15.01.1919 under Jharkhand Excise Act, 1915.

"London Proof (L.P)" or "Proof" means the strength of proof as

ascertained by means of Sykes, Hydrometer and Denotes that liquor

which at the temperature of 51⁰ Fahrenheit weigh exactly 12/13^th part of

an equal measure of the distilled water;

% Volume by volume (% V/v) means alcoholic strength by volume

which is the ratio, expressed as a percentage, of the volume of alcohol

present in a product to the total volume of the product at a temperature

of 20 degree Celsius;

f) Alcoholic litre means the volume of alcohol in litre present in a given volume of

liquor when the strength of the liquor is expressed in percentage, volume/volume

(v/v%);

g) "Country Liquor manufactory" means "country liquor bottling plant" which is a

licensed premises where country liquor is manufactured and stored and from

where country liquor may be supplied by wholesale;

"Corporation" means Jharkhand State Beverages Corporation Ltd.

as set up by the State Government by Excise and Prohibition

Department Notification No. 1992 dated 11.10.2010.

"duty" means "Excise Duty" or "Countervailing Duty" as defined

clause( 6a )of section 2 (of the Act);

[Explanation- Excise duty means and includes Excise duty and any other

Additional Duty imposed under Section 27 and Section 28 of the Act.]

k) "duty paid country liquor means country liquor on which-

(i) the Excise Duty or Countervailing Duty under the Act as been paid;

l) "duty paid country liquor warehouse" means a place licensed for the storage of

country liquor on payment of duty and includes duty paid go down in country

liquor manufactory;

m) "License" means the license granted under these rules;

n) "Licensing year" means the period from the first day of April of any calendar

year to the thirty first day of March of the following year or a part thereof;

o) "Plant" means a plant where country liquor is manufactured and bottled;

p) "State Government" means the Government of Jharkhand in the Department of

Excise and Prohibition;

q) "Bottling line" means any system consisting of all or a subset of the following

processes- cleaning, washing, rinsing, filling, sealing, labeling and packaging

etc. of bottles leading to bottling of country liquor as prescribed under these

rules;

r) "Prescribed" means prescribed by these rules;

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

"Unit" means either a capsuled or labeled bottle containing country

liquor or a sealed or labeled bottle containing country liquor.

"Hologram" means a photographic image designed and approved by the

State Government, from time to time, in different forms for the purpose

of its affixture to the sealed bottles of different sizes containing country

liquor, and this should be printed and supplied under the general

supervision and control of the State Government;

"Area of supply" means the whole State of Jharkhand. Any license

granted under these rules can supply country liquor in the whole State

of Jharkhand subject to any direction issued by the Department of

Excise and Prohibition.

"Excise Adhesive Label" means paper or paper-polyester mixed

adhesive label to be pasted on the bottle according to the policies of the

State Government.

"Extra Neutral Alcohol" means spirit which has been made in India

from materials such as gur, molasses and different kind of grains,

flowers and fruits, which is in accordance with specifications and

requirements mentioned in, "Food Safety and Standard (Alcoholic

Beverages) Regulation, 2018"

"Account Register" means a account book of Government Revenue,

deposited in advance for proper and smooth working of the

manufacturing units.

"Excise Officer-in-Charge" means Officer of the Excise Department not

below of the rank of Excise Sub Inspector for monitoring and

supervision of manufacturing and bottling activity within the licensed

premises and act as a watch dog of government revenue.

(2)

The words and expressions used and not defined in these rules, but

defined in the act, and rules made under it, shall have the same meaning as

respectively assigned to them in the act or rules, notifications or orders issued

under the Act. In case of any doubt regarding meaning of words, the

interpretation will be made by Excise Commissioner and it shall be final.

Licensing Authority - The Collector shall be the Licensing Authority

and shall sign the license. The licenses under this rule can be issued to applicant

by Collector only after the Commissioner of Excise has sanctioned a license in

favour of the applicant.

Non-refundable application fee for application - A non-refundable

application fee for application amounting to rupees five lakhs is to be paid online

though appropriate e-challan by the applicant along with the application for

license as prescribed.

Particulars to be accompanied with an application for license - (1)

Any person desirous of having a license to set up a plant in

Jharkhand shall apply in writing, affixing appropriate court fee

stamp to the Excise Commissioner, giving the following particulars

and documents :-

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

(i)

name and address of the person applying;

(ii)

purpose for which the plant proposed to be opened, specifying in

detail the nature of business;

(iii) name of the place in which, the site on which and the building in

which the plant is to be set up;

(iv)

proof of financial capacity of the applicant ,

(v)

Income Tax, Sales Tax/VAT and Professional Tax Clearance

Certificate, as the Case may be;

(vi)

Original challan showing the payment of the application fee;

(vii) copy of the document showing the applicant's right, title and

interest on the proposed site or the area.

(2)

If the applicant is a firm, company or corporation, it shall submit the

following particulars and documents in addition to the particulars and

documents submitted under sub-rule(1) :-

(A)

in case of partnership firm:

(i)

two copies of the partnership deed, if any;

(ii)

a copy of the registration certificate duly notarized by a Notary or

attested by a gazetted officer showing the registration of the

Partnership Deed. If the deed is in the process of being registered,

proof of filling the required papers need to be furnished;

(iii)

complete bio-data of partners including names and addresses;

(iv)

statement of net worth of partners duly certified by a Chartered

Accountant;

(v)

a photocopy of the PAN Card of all the partners, duly attested by a

gazetted officer;

(vi)

bank particulars of partners;

(vii) copies of Income Tax Returns for the last three years along with

acknowledgement certificates of each partner;

(viii) any other particulars, which Excise Commissioner from time to

time can demand by written order.

(ix)

the name and complete bio-data of the partner who shall be

authorized to deal with the Excise Department.

(B)

In case of company:

(i)

two copies each of "certificate of incorporation" issued by the

Registrar of Companies and "Memorandum of Articles of

Association";

(ii)

a copy of the latest audited (last three years) financial statements

such as the Balance Sheet and the Profit & Loss Accounts;

(iii)

Form No.-18 for the location of the registered office;

(iv)

Form No.-29/32 for particulars of Directors;

(v)

proof of filing the documents with the Registrar of Companies;

(vi)

particulars of bank account of the company as well as the

individual Directors;

(vii) a photocopy of the PAN Card of the company as well as those of

the individual Directors duly attested;

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

(viii) copies of Income Tax Returns filed by the Company for the last

three years along with acknowledgement of the Income Tax

Returns as well as those for the individual Directors;

(ix)

a copy of the Board's resolution, if any, relevant to the application;

(x)

a copy of the Board's resolution stating the name and complete

bio-data of the person who is authorized to deal with Excise

Department.

(xi)

any other particulars, which Excise Commissioner from time to

time can demand by written order.

Condition of application - (1) On receipt of the application referred to

in rule 5, the Excise Commissioner shall examine it and if he is satisfied with

the application, he will forward it to Member Board of Revenue for his

approval over the project. After getting the approval of Member Board of

Revenue, the Excise Commissioner may issue Letter of Intent, for six months.

The letter of intent issued by the Commissioner shall not confer any

right or privilege for grant of license and is liable to be revoked or withdrawn

by the Department at any time without giving any notice to the holder if the

Commissioner so desires. No compensation for damage or loss shall be

payable when a letter of intent is rejected, revoked or withdrawn by the

Commissioner.

(2)

After issuing of the Letter of intent, the Commissioner shall ask

the applicant to deposit earnest money of rupees five lakhs to the Collector of

the district where the applicant wants to establish a country liquor

manufacturing unit within seven days of issue of letter of intent by means of

demand draft.

(3)

The applicant will complete the construction of the country liquor

manufacturing unit within the period of six months from issuance of the letter

of intent.

(4)

The applicant shall be required to submit the application for

license to the Collector within a period of six months from the date of receipt

of the Letter of Intent failing which the Letter of Intent shall stand cancelled

and the Earnest Money deposited shall stand forfeited to the State Government,

unless the time period of six months for applying for a license is extended by

the Excise Commissioner on reasonable grounds. The application for obtaining

license shall be accompanied with the following particulars and documents :-

(i)

Name and address of the applicant;

(ii)

Purpose for which the plant is proposed to be opened;

(iii)

Site along with site plan on which the proposed bottling plant is

set up;

(iv)

Number and description of stills, vats and other permanent

apparatus, which the applicant has installed and the size and

capacity thereof;

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

(v)

Tentative date of commencing production of the plant;

(vi)

four copies of the plan of the building which the applicant intends

to use for his plant and a layout plan showing the position of stills,

vats, other permanent apparatus along with a list of store-rooms,

warehouses connected therewith;

(vii) Project report, cost-benefit analysis, estimated production;

(viii) Estimated quantity of ENA (spirit) or other raw materials required

to be imported from other states;

(ix)

Income Tax, Sales Tax and Professional Tax Clearance

Certificate, as the Case may be;

(x)

A copy of Fire Safety Certificate or No-Objection Certificate in

this regard from the appropriate authority;

(xi) any other particulars, which Excise Commissioner from time to

time can demand by written order.

(5)

When the applicant is a firm, company or corporation, it shall

submit the above particulars and documents in addition to the particulars and

documents referred to in sub-rule (2) of rule 5.

Procedure for the grant of license - (1) On receipt of the application

under sub-rule(3) of rule 6, the Collector shall examine the suitability of

the site

and the buildings on which the plant is set up and verify the correctness of the

particulars and documents enclosed along with the application.

(2) The Collector shall, after examination and verification under sub-

rule(1), forward the application with his opinion to the Excise Commissioner.

(3) The Excise Commissioner may require the applicant to make

addition /alteration to the building, vats or other permanent apparatus within

such time as may be fixed by him.

(4) The Excise Commissioner shall approve the plan of the plant with

such modifications, as may be necessary, and sanction the license and ask the

Collector to grant license to the Applicant in Jharkhand Excise C.L. Form No.-

1, Jharkhand Excise C.L. Form No.-2 and Jharkhand Excise C.L Form No.-3

(appended to these rules). The license so granted shall be valid till the expiry of

the licensing year in which the license is granted.

Addition or alteration to buildings, still etc. requires previous

sanction -

(1) no addition or alteration to building or other permanent apparatus as

shown in the plans of the plant approved by the Excise Commissioner shall be

made without the previous sanction of the Excise Commissioner.

(2) When any addition or alteration to the plan of the plant approved by

the Excise Commissioner is required to be made the licensee shall submit to

the Excise Commissioner, through the Collector, a revised copy of the plan of

the plant with a certificate from the Excise Officer-in-Charge of the plant as to

its correctness.

(3) The Excise Commissioner may, if he thinks it necessary, approve the

revised plan submitted under sub-rule (2).

Excise Commissioner may verify description and plans at any time -

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

(1) The Excise Commissioner may verify at any time the description and

plans approved under rule 7 or rule 8 and if the finds any deviation from the

approved plans, he may require the licensee to submit revised plan for

approval.

(2) The Excise Commissioner may depute any officer for verification, as

mentioned in sub-rule (1) and such officer shall be allowed full access to the

premises. The manufacturer shall be bound to carry out any rectification as per

direction of Commissioner within a reasonable time fixed by the

Commissioner.

10.

Initial License fee/registration fee - The manufacturer shall deposit a

registration fee of Rs. 15 (fifteen) lakhs and license fee of Rs. 10 (ten)

thousand for initial grant of license. Before the license to work the manufactory

is granted by the Collector, the manufacturer shall deposit a security of Rs.

5,00,000/- (Five Lakh Rupees) for the due observance of the conditions of the

license. On granting of such license by the Collector, the Earnest Money

deposited under sub-rule (2) of rule 6 shall stand converted to security deposit.

11.

Grant of licenses by its renewal for the next licensing year - (1) the

next period of license shall not exceed a period of one year and will ordinarily

be for period of one year unless otherwise specifically directed by the Excise

Commissioner for reasons recorded in writing.

(2)

The Collector may, subject to the approval of the Excise

Commissioner, renew licenses for the next period of settlement of the

following description :-

(a)

licenses for the bottling of country liquor (C.L. Form No. I);

(b)

license for the sale, by wholesale of country liquor (C.L. Form No.

II);

(c)

license to establish a private warehouse for the deposit and storage

of ENA on payment of duty for the manufacture of country liquor

(C.L. Form No. III).

(3)

The applications for the renewal of licenses for the next period of

settlement are to be made in the following manner :-

(a)

all applications for renewal of licenses for the next period of

settlement are to be made in plain paper to the Excise

Commissioner through the Excise Officer-in-Charge of the plant;

(b)

the following documents are to be submitted by the licensee along

with the application for the annual renewal of license -

a copy of Fire License or No-Objection Certificate from the

appropriate authority;

ii.

copies of Income Tax, Sales Tax and Professional Tax

Clearance Certificate, as may be applicable;

iii.

a certificate from the Excise Officer-in-Charge of the plant

confirming that the provisions of rule 8 have been duly

followed; and

iv.

a statement showing the dues payable to the State

Government in respect of the licenses along with an

affidavit pertaining to previous year, sworn in before an

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

Executive Magistrate that all others shall be paid on

demand;

(c)

if the manufacturer is a firm or a company or a corporation, the

following documents along with the particulars and documents

under clause (b) shall be submitted -

name and address of the Director;

ii.

name of the authorized signatories; and

iii.

a copy or certificate of incorporation issued by Registrar of

Companies.

12.

Annual License Fee for grant of license by renewal for the next

licensing year - (1) An annual license fee for grant of license by renewal for

the next period of settlement, Rs. 10,000/- (Ten Thousand Rupees) along with

registration renewal fee worth Rs. 10 (ten) lakhs shall be deposited by last

working day of February of every calendar year for consideration of the

application for renewal of license for the next period of settlement.

(2)

In case a person, who applies for renewal of licenses for the next

period of settlement after the expiry of the license, the Collector may, at his

discretion, renew the licenses to the previous holder of the licenses for the next

period of settlement, if such person deposits a fee of Rs. 1,00,000/- (Rupees

One lakh) only as fine along with a late fee of Rs. 500/- (Rupees five hundred)

only per diem counted form the date following the date of expiry of the

licenses.

13.

Establishment and their fees - The Collector shall employ such officers

and establishment as the Excise Commissioner may direct. The salary

including bonus and other allowances, if any, for the employment of such

officers and establishment shall be borne by the licensee, who shall pay the

same to the State Government in the following manner :-

(a)

in advance a cash equivalent to the estimated cost for three months

or as the Excise Commissioner may fix; and

(b)

monthly in cash equivalent to the monthly cost or as the Excise

Commissioner may fix, within seven days after the expiry of the

month to which the payment relates.

Note :- In computing the cost, the average of the pay including the special pay,

if any of the officers and establishment, the contribution towards the leave

salary, pension and the compensatory allowance shall be taken into account.

14.

Quarters of establishment - The manufacturer shall provide suitable

quarters to the satisfaction of the Excise Commissioner for the Excise Officer-

in-Charge and other establishment in proximity to the plant and shall keep the

quarters and the appurtenances thereto in proper condition.

15.

Office furniture - The manufacturer shall provide such office furniture

as may be required for the use of the Excise Officer-in-Charge within the plant.

16.

Notice of Commencement and cessation of work - Every proprietor or

manager of a licensed plant shall give at least fifteen days' notice in writing to

the Collector of the date on which he proposes to commence the work of the

plant and at least one month's notice before he desires to cease the work of it.

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

17.

Power to withdraw the establishment - In case a manufacturer desires

to cease the production of the plant for a period exceeding one month, he shall

intimate the same in writing and request to withdraw the establishment to the

Excise Commissioner. The Excise Commissioner shall withdraw the

establishment stationed at the plant and prohibit further production of the

country liquor in the plant until the manufacturer has given him a fifteen days'

notice in writing of the date on which he proposes to recommence the

production of country liquor in the plant.

18.

Fastenings for lock - The manufacturer shall provide and maintain

suitable and secure fastenings, wherever the Excise Commissioner may deem

necessary, to all vats and other receptacles, store-rooms, pipes etc. to the

satisfaction of the Excise Commissioner for the attachment of locks. The keys

of all such locks shall be retained by the Officer-in-Charge. The manufacturer

shall also attach his locks to all rooms used for the manufacture or storage of

liquor and he shall be bound to remove such locks when required by the

Officer-in-Charge.

19.

Setting up of suitable equipments for tracking-tracing and

monitoring - The licensee is bound to setup all kind of tracking-tracing, IP

based CCTV, automatic strength reader and monitoring devices in the

manufacturing unit as prescribed by the Excise Commissioner and others.

20.

Conditions of Vats and Receivers - (1) Vats and receivers in the plant

shall be so placed that contents of them may be gauged or measured accurately.

A certified flow meter shall be fixed to all vats, so that, correct measures of

liquid can be ascertained.

(2) Vats and receivers referred to in sub-rule (1) shall be fitted with

proper dipping rods, so adjusted to the fixed dipping places that the contents

thereof, at fifth of a centimeter of depth, may be ascertainable.

(3) No vessel shall be used as a store-vat until it has been gauged and the

gauging shall be checked by such officer as the Collector may appoint.

21.

Quality - (1) The manufacturer shall ensure use of transparent bottles of

such colours which the Excise Commissioner may direct. The manufacturer

shall also ensure proper cleaning, washing, rinsing, sealing, labeling and

packaging of bottles to the satisfaction of the Excise Commissioner:

Provided that the Excise Commissioner may require the country liquor

manufactory to strictly adhere to such standards of cleaning, washing, rinsing,

sealing, labeling and packaging, as may be directed by him from time to time.

(2) The Excise Commissioner may require any country liquor

manufactory to affix security holograms or excise adhesive labels or shrink

sleeves or any other distinguishing mark on the cap of the bottle or neck of the

bottle or on the label of the bottle or one or more combinations thereof or at

any portion of the body of the bottle, as may be directed by him from time to

time.

(3) The Polyethylene Terephthalate (PET) Bottles used for bottling of

country liquor shall be made from virgin -nontoxic 'A' Grade/Food Grade PET

Chips/Resins and these bottles shall be clean, free from pin holes, particles of

foreign matter and undispersed raw material. It should conform to specification

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

for PET bottles as per IS 12252-1987 standard. Certificate to this effect shall

have to be furnished by the country liquor Manufacturers before using PET

bottles for bottling of country liquor.

The country liquor manufacturer can also use glass bottles for packing of

country liquor or spiced country liquor. The specification of Pet/Glass bottles

for bottling of liquor can be redefined keeping in mind the quality; strength and

hygiene of the country liquor/spiced country liquor.

(4) The materials used in manufacture, packaging and labeling of

country liquor should must be in accordance with specifications and

requirements mentioned in, "Food Safety and Standard (Packaging and

Labeling) Regulation, 2011" and "Food Safety and Standard (Alcoholic

Beverages) Regulation, 2018".

22.

Automatic/Semi Chain System - The manufacturer shall install

automatic/semi bottling lines in the country liquor manufactory to the

satisfaction of the Excise Commissioner. Initially if a manufacturer establishes

a semi automatic chain system, within three years of the commencement of

manufacturing unit, the manufacturer licensee will certainly establish a fully

automatic chain system for manufacturing of Country Liquor. After the three

years of commencement of this rule all new manufacturers will have to

establishes fully automatic plant.

The country liquor manufacturer shall bottle, store and supply bottled

country liquor of sizes and strengths as specified in these rules to the

satisfaction of the Excise Commissioner.

23.

Quality Control in the Country liquor bottling plant - Each country

liquor bottling plant shall ensure following measures with respect to quality

control during the manufacture of country liquor :-

(1) ENA (spirit) used in the manufacture of country liquor shall be

commensurate to the specification of such liquor prescribed by the FSSAI from

time to time and also be fit for human consumption. All possible measures for

good hygienic conditions shall be maintained by the country liquor bottling

plants.

(2)

No ingredient noxious to health shall be added or stored in the

country liquor bottling plant. The flavoring, essence or aromatic agents used

for compounding the liquor shall be fit for human consumption.

(3)

The Country liquor bottling plant shall have to establish its own

laboratory within the licensed premises; such laboratory shall be well equipped

and manned by qualified technical personnel as prescribed from time to time.

The expenditure incurred on it shall be borne by the plant. The Excise

Commissioner shall from time to time issue orders to declare the nature of

equipment and their specification necessary to set up such laboratory, and the

minimum required

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

qualifications of the personnel to be employed to man the laboratory, The

country liquor bottling plant, shall nominate a person as in charge of this

laboratory in "Form 1 (CH)" annexed to these rules who on behalf of the

company shall sign the Test Report of Samples(s) and submit the same to the

Excise Officer-in-Charge.

(4)

The licensee of the country liquor bottling plant or any authorised

representative on behalf of the country liquor bottling plant shall draw two

samples of 600 ml. each of every batch after the processes of reduction,

blending etc. are completed and before the process of bottling is commenced

under the supervision of and in the presence of the Officer in charge of the

country liquor bottling plant and make over these two samples (batch wise) to

the Excise Officer-in-charge, who with proper invoice shall send one of the

these samples to the laboratory within the country liquor bottling plant for

testing and another sample shall be kept under his custody for six months from

the date of last bottling of such batch of country liquor. The sample bottles kept

under the custody of the Excise Officer-in-charge may be reprocessed with

intimation to the Collector; however no reprocessing fee will be chargeable in

this case.

(5)

The licensee or any authorised representative on behalf of the

licensee shall procure a certificate from the Excise Department Laboratory/

Chemist, Government of Jharkhand or a chemist or National Accreditation

Board for Testing and Calibration Laboratories (NABL) empanelled with

Excise Department to which Excise Commissioner may refer for test for each

brand to be manufactured in the country liquor bottling plant wherein said

Examiner shall standardise, as per FSSAI specification in this regard, the

ingredients and its parameters to be checked to ensure fitness of such brand for

human consumption and the Officer in Charge shall allow bottling of any batch

of country liquor when the chemical analysis or test report of such country

liquor shall conform to the standards mentioned by the concerned Examiner in

the certificate. The report shall be drawn in "Form II (CH)" annexed to these

rules and handed over to the Officer in charge, after proper attestation of the

person authorised in this regard, to keep as records of manufacturing of such

batch of country liquor in the country liquor bottling plant.

(6) (a) The Excise Commissioner may direct for taking of samples of

bottled country liquor at random from any country liquor bottling plant and the

Office-in-charge shall draw such samples in accordance with the directions

issued by the Excise Commissioner in this regard and send it to the

departmental laboratory or other authorised laboratory for chemical analysis or

test.

(b)

If country liquor present in VAT or bottled country liquor is,

found sub-standard or unfit for human consumption on chemical analysis or

test, it shall

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

be rejected, and destroyed or disposed of in such manner as may be directed by

the Excise Commissioner in this regard.

(c)

The Excise Commissioner may direct a country liquor bottling

plant to get the samples, drawn as mentioned in sub-rule(4) above, tested from

any National Accreditation Board for Testing and Calibration Laboratories

(NABL), Accredited Laboratory or any Government Laboratory at its own

cost, in case the said country liquor bottling plant fails to provide adequate

facilities in its own laboratory or if any of the test reports furnished to the

officer in charge is proved to be fabricated to cause its own benefit.

24.

Marking and numbering of rooms and vessels - (1) The manufacturer

shall paint and number the outside wall of every room or place of his plant with

colour.

(2)

The manufacturer shall paint and number the vessels and utensils

of the plant in such manner as may be directed by the Excise Commissioner.

25.

Vessels for storage - No liquor shall be stored in a plant except in

cylindrical vessels, each vessel containing liquor shall bear a serial number

painted or engraved thereon, and the external part of each such vessel shall be

clearly visible.

26.

Dipping place or level not to be altered - The manufacturer shall not

alter or allow to be altered the dipping place or level of any vessel containing

liquor or use any other means to deceive and/or mislead the Office-in-Charge

taking the gauge of liquor in any vessel.

27.

Kind of spirit used for manufacturing country liquor - Extra Neutral

Alcohol (ENA) derived from gur, molasses, grains, flowers or fruits, as per

specifications of FSSAI will be used for manufacturing country liquor.

28. Kind of Country liquor to be manufactured - The licensee can

manufacture country liquor/Flavoured/Spiced Country Liquor of strength 75⁰

under proof, 60⁰ under proof & 40⁰ under proof in the country liquor bottling

plant and can sale it to wholesaler or retailer as prescribed.

Colouring agents used for manufacturing of spiced country liquor should

be according to the rules framed under the prevention of food adulteration act,

1954, as amended from time to time.

Flavoring essence of orange, lemon, malta, plantian kerosa, cardamon

and rose which are certified by the chemical examiner as suitable for the

compounding of spiced country liquor and permissible under the rules framed

under prevention of food adulteration act, 1954 as amended and having ISI

"AG" certification can be used any other flavoring agent as approved by Excise

Commissioner can also be used for this purpose.

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

29.

Import /transport of ENA to manufacture country liquor - The ENA

to manufacture country liquor can be imported/transported only after payment

of excise duty, additional excise duty or duty/fees in any other name as notified

by the Government, in the Government treasury as decided by the State

Government under the section 27 and 28 of Jharkhand Excise Act, 1915.

All movement of liquor shall be under permit/pass issued under

section 12 of Jharkhand Excise Act, 1915 after payment of all kind of excise

fees.

30.

Purchase of raw material apart from liquor - Details of all materials

used in bottling should be kept separately in a separate register so that it can be

verified by the Inspecting Officer/Excise Officer-in-charge.

31.

Permission for bringing ENA and using the same for bottling - (1)

No person shall bring ENA in plant except with a written permission to that

effect from the Excise Commissioner and under the cover of a permit/pass. The

licensee will apply for allotment of ENA from a particular distillery through

Excise Superintendent/Assistant Commissioner of Excise of the District where

bottling unit is situated. After getting the allotment of ENA from Excise

Commissioner, i.e. permission for import or transport of ENA, the licensee will

deposit the excise duty in the treasury of the district. Now collector will issue

permit/pass under section 12 of Jharkhand Excise Act, 1915.

(2)

The holder of a license for the bottling of country liquor shall pay

a fee at the rate of Rs. 0.50/- (Fifty Five Paise) per bulk litre of ENA or as

prescribed from time to time, imported into the plant from outside the State of

Jharkhand for its use to bottle country liquor within Jharkhand.

(3)

The country liquor manufacturer will maintain a account register

for payment of Government fees timely. The Collector shall issue direction for

maintaining the minimum amount of balance in the aforesaid account register

in order to ensure that fee may be debited from the said amount, leaving

sufficient balance as may be determined by him.

(4)

The holder of license of a country liquor bottling plant after

bottling of country liquor shall pay a fee of Rs. 0.20/- (Twenty Paise) per bottle

as fee for bottling on the quantity of liquor so bottled by adjustment to the

credit of the State Government in the same account register as mentioned in

sub rule (3) above.

32.

Working Hour - (1) No operations in a plant requiring the presence of

any officer of the State Government shall be made on Sundays and public

holidays under the Negotiable Instruments Act, 1881 (26 of 1881)

(2)

The manufacturer shall so arrange operations of his plant that

officers of the State Government shall not ordinarily be on duty for more than

eight hours on any working day.

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

(3)

If the manufacturer requires any officer of the State Government

to be on duty at the plant on any Sunday or public holiday mentioned in sub-

rule

(1), or for more than eight hours on any working day mentioned in sub-rule(2),

he shall give in writing at least twenty four hours notice to this effect to the

Excise Officer-in-Charge of the plant, stating clearly the work to be done and

the approximate time the work is likely to continue. The ACE/SE (Assistant

Commissioner of Excise/Superintendent of Excise) of the district may allow it

in the interest of revenue.

Provided that no officer of the State Government shall be required to be

on duty in a plant on the following days, except under special circumstances

and with the approval of the Superintendent of Excise -

(i)

Republic Day;

(ii)

Independence Day;

(iii)

Mahatma Gandhi's Birthday;

(4)

An officer of the State Government can also work in a plant-

(a)

on Sunday or more than eight hours any working day mentioned

under sub-rule (3), or

(b)

on holiday mentioned under the proviso of sub-rule(3), shall be

entitled to overtime fee at such rate as may be fixed by the Excise

Commissioner and the amount payable as overtime fee shall be

recovered from the manufacturer by the State Government.

33.

Issue of country liquor only on payment of duty [and additional

duty]

(1)

No country liquor in labeled and capsuled bottled shall be issued from

the plant without payment of duty, additional duty or duty in any other

name as notified by the State Government from time to time form a

country liquor bottling plant for the wholesale or retail sale. The Excise

duty will be collected before import or transport of ENA for manufacture

of Country Liquor.

(2)

For the purpose of these rules, the additional duty or duty in any other

name on country liquor manufactured in Jharkhand, under section 27 and

section 28 shall be imposed by the State Government.

34. (1) The manufacturer shall keep daily accounts showing the following

particulars :-

(i)

quantity of country liquor manufactured;

(ii)

quantity of country liquor issued;

(iii)

quantity of country liquor remaining in store in each case, vat,

bottle or other receptacle.

(iv)

quantity of ENA received.

(v)

quantity of ENA issued for the purpose of manufacturing country

liquor.

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

(vi)

quantity of ENA remaining in store in each vat.

(2)

The daily accounts referred in sub-rule (1) shall be opened at all

times to inspection by the Officer-in-Charge of the plant or other Officers

authorized by the Collector/Excise Commissioner.

(3)

The manufacturer license shall maintain a personal Ledger

Account in Accordance with the direction issued by the Commissioner from

time to time for the purpose of maintaining an account of Government revenue

deposited in advance.

35.

The bottling plant in which the operation of bottling of country liquor in

labeled and capsuled/sealed (Roll-on-Pilfer Proof) bottles are/will be

undertaken and the warehouses thereof shall operate in accordance with rules

relating to storage of country liquor.

36.

The use of fire or any naked lights of any descriptions in side any room

in which liquor is stored or measured is prohibited. Sealing must be done in the

office or verandah of the warehouse.

37.

The reduction of liquor of high strength to the lower strength or

strengths prescribed for issue shall be made according to rules framed by the

Competent Authority. The receptacle in which liquor in reduce by addition of

water must be empty before the operation is commenced. The wastage on

account of reduction must be calculated and noted, when the liquor is reduced.

38.

Samples of water used for reduction purpose should be sent to the

chemical examiner for examination twice a year unless ordered otherwise. The

cost of dispatch of the sample and also the prescribed fee for examination shall

be paid by the licensee.

39.

Water used for reduction of ENA - Water, purified by distillation or

demineralisation or any other process confirming to ISI specification no.

IS;1070-1960 for water, distill quality shall be used for reduction of ENA

(spirit) for manufacturing Country Liquor and Spiced Country Liquor.

40.

Procedure for issue of country liquor - (1) The wholesaler of country

liquor, shall submit to the licensee (a country liquor manufactory), a demand

for issue of country liquor or spiced country liquor. The Excise Commissioner

may allow the supply of country liquor directly to retailers from country liquor

manufactory.

(2)

The Excise Officer-in-Charge of the manufactory shall, after being

satisfied that the cost price etc. at the stipulated rate is deposited by

wholesaler/retailer, in cash or draft or pay order, allow issue of country liquor

from the manufactory. In case, if wholesaler is JSBCL, the country liquor

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

manufacturer will supply country liquor, as per the JSBCL purchase policy.

When the demand from a retailer is placed to a country liquor manufacturer or

wholesale licensee, they shall issue the country liquor under the cover of a

transport pass/permit to the retailer in Jharkhand Excise C.S From no.-6

(appended to these rules.)

(3)

The Excise Officer-in-Charge of the manufactory shall issue

transport pass/permit to the wholesale licensee/retailer, as the case may be, in

Jharkhand Excise C.S Form no.-5 (appended to these rules.)

41.

Label, batch number, maximum retail price and hologram - (1) The

licensee will comply with "Jharkhand Excise Label registration/renewal and

fixation of MRP Rules, 2014", amended from time to time.

(2)

Affixture of Hologram :- (1) The licensee of the country liquor

bottling plant shall affix, on every sealed and labeled bottle of country liquor, a

Hologram/EAL according to the provisions regarding Hologram/EAL. The

Hologram shall be affixed over the cap of the sealed bottle in such a way as to

make it impossible to remove the Hologram/EAL without damaging it, or to

remove the cap without damaging the Hologram/EAL. The Hologram/EAL

shall be affixed during the ordinary working hours of the manufactory. No

bottle containing country liquor shall be removed from the manufactory,

without a Hologram/EAL affixed to it. This mandatory provision regarding

affixing Hologram EAL, can be altered or changed or relaxed by Excise

Commissioner according to the prevalent situation or exigencies;

(2)

The Excise Officer in charge of the manufactory shall procure

Holograms/EAL from the agency appointed for this purpose by the State

Government. However, the licensee shall be required to pay the actual

procurement price of the Holograms/EAL to said agency.

(3)

The Excise Officer in charge of the manufactory shall issue only

such number of Holograms/EAL as are required for affixture on the bottles of

country liquor product every day;

(4)

The Excise Officer in charge of the manufactory shall maintain an

account of Holograms/EAL in such form as may be prescribed by the Excise

Commissioner from time to time;

(5)

No wastage would be allowed on account of lost and/or damaged

Holograms and the licensee would be required to pay a Hologram Wastage

Regulatory Fee of Rs. 1000/- for each lost and / or damaged Hologram to the

State Government.

Provided further that the licensee shall not be liable to pay Hologram

Wastage Regulatory Fee on Holograms damaged during the process of

affixture at a manufactory, if

the Excise Officer in charge of the manufactory is satisfied that the

Holograms shown to be damaged was damaged, without any fault

of manufacturer or the damaged hologram cannot be affixed on

bottles

due to manufacturing defects and he records his satisfaction in

writing.

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

(6)

The Excise Commissioner may, by order, prescribe the detailed

procedure of procurement, management of inventory and mode of affixation of

hologram to the sealed bottles of country liquor.

42.

The

strength,

pack

size

colour

bottles

Plain/Flavoured/Spiced

Country

Liquor

sold

wholesale/retail sale - It shall be according with the following table -

Kind of Liquor

Strength of

Pack size of the

Colour of the

No.

the liquor

liquor

bottled for packing

Plain/Flavoured/Spi

ced

75⁰UP

600 ML, 300 ML

Transparent White

Country Liquor

& 200 ML

Plain/Flavoured/Spi

ced

60⁰UP

600 ML, 300 ML

Light Green

Country Liquor

& 200 ML

Plain/Flavoured/Spi

ced

40⁰UP

600 ML, 300 ML

Dark Brown

Country Liquor

& 200 ML

Explanation : Country liquor manufactured in labeled and capsuled

bottles shall be at prescribed strength by the Government. The strength shall be

subject to within a range of 0.1% V/v above or below such prescribed strength

as determined by the hydrometer after considering allowance for water

obscuration, if any.

43.

General provisions regarding sale of country liquor - (1) The country

liquor manufacturer may, after making payment of duty [and additional duty]

at the rates in force, sell the country liquor to retail/wholesale vendors of

country liquor or supplementary retail vendors of country liquor or to the

wholesale depots of country liquor on approval by the Collector with prior

permission of the Excise Commissioner.

(2)

The Officer-in-charge shall arrange issues under cover of a

transport pass and shall send, at the end of every month, a copy of the transport

pass to the concerned Superintendent of Excise as the case may be.

(3)

The sale of country liquor may be made from the country liquor

manufactories or wholesale depots established for the purpose to the retail

licensee from the stock of such liquor manufactured or received, as the case

may be.

(4)

The wholesale depot licensee shall cause issue of country liquor to

the retail licensee from the stock received and shall issue transport pass. The

books containing the blank transport passes in Jharkhand Excise C.S. Form No.

6 shall be authenticated by the concerned Superintendent of Excise prior to

their use.

(5)

One copy of such pass shall be sent to the concerned

Superintendent of Excise or the Collector of Excise, as the case may be at the

end of every month.

(6)

The retail vendor shall not sell country liquor/spiced country

liquor, except in measure of 600ml, 300ml or 200ml keeping the pilfer-proof

capsule/sell (ROPP) intact.

(7)

The wholesale/retail vendor may purchase such country liquor

from any of its manufacturers and sell the same through his shop as per the

provisions.

(8)

Every sale of country liquor by a holder of license for the retail

vend of country liquor shall be supported by a cash memorandum of the

voucher at a price declared by the retail vend of country liquor not exceeding

maximum retail price, which shall be preserved for two years after the period

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

covered by the license and shall be produced when called for by the Excise

Officer not below the rank of Sub-Inspector of Excise.

44.

Power to waive - The Member Board of Revenue after prior approval of

State Government shall have the right to waive any of the provisions of these

rules in the public interest, if such waver is recommended by the Excise

Department.

45.

Overriding power of rules - These rules shall have the effect

notwithstanding anything to the contrary in any other rules or orders relating to

the grant of licenses for the manufacture of labeled and capsuled (ROPP)

bottles of country liquor and sale by wholesale for the time being in force, and

all rules and orders shall be subject to these rules.

46.

The licensee will abide by all instructions issued by Excise

Commissioner, rules framed under Jharkhand Excise Act, 1915 or any order or

circular issued for properly carrying out the objective of this rule in the interest

of Government Revenue.

The licensee will also follow the instruction of Excise Commissioner for

compliance of any rule framed by the Central or State Government in this

regard.

47.

Power of Interpretation - In case of any doubt regarding meaning of

these rules, the power of interpreting rules is reserved to the Excise

Department subject to its approval from the State Government and the decision

of the department in this regard shall be final.

48.

Cancellation of License - Any act or omission that causes or violates

any of the provisions of these rules may lead to cancellation of the license and

shall also make the concerned person liable as per the provisions of the Excise

Act, 1915 and the rules and notifications made there under including these

rules. Provided that where specific penalty has not been provided, the Excise

Commissioner shall be the appropriate authority to order the same. And

provided further that the Excise Commissioner may order that instead of

cancellation of license the same shall be kept under suspension/abeyance for a

limited term as a penalty for any proven violation of the rules.

49.

Repeal - All rules corresponding to these rules in force immediately

before the commencement of these rules are hereby repealed in respect of

matters covered by these rules with effect from 31.03.2019.

Provided that any order previously made by or action taken under the

rules so repealed shall be deemed to have been made or taken under the

corresponding provisions of these Rules.

Annexure :

Form I (CH)

Form II (CH)

By the order of the Governor of Jharkhand,

Rahul Sharma,

Secretary to the Government.

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

FORM I (CH)

[Form of Nomination of Person(s) in Charge of the laboratory - Refer rule 22(3)]

NOMINATION OF PERSON(S) BY A COMPANY

Being the proprietor or a signatory authorized by the board of directors

of the company or members of a firm, I do hereby give notice that the

following person(s) is/are nominated as the Person(s) in charge of the

laboratory within the country liquor manufactory ..............................................

and shall be

responsible and liable for maintaining the quality of the country liquor

produced in the bottling plant.

The person(s) shall take all such steps as may be necessary to maintain

the upkeep of the laboratory and shall be the signatory on behalf of the

company on the Chemical Analysis Report submitted in "Form II (CH)" to the

Officer in charge of the bottling plant.

Name, Address, Signature and Mobile no of the Person i/c of the laboratory

Name

Address

Signature

Mobile No.

A certified copy of the resolution of the board in case when the

manufacturer is a company/A certified copy of the declaration of the members

in case the manufacturer is a firm or LLP/A certified copy of authorisation in

case the manufacturing license is operating as a proprietorship business,

regarding the

authorised signatory, dated ................. is enclosed.

Authorized signatory of the

company/Firm/Proprietor

For ..........................................

(Name of the establishment)

Place : .......................

Date : ........................

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

FORM II (CH)

CHEMICAL ANALYSIS REPORT

Report No. ................................

Date :

Certified that I .......................................... (name) duly appointed by

........................................... (name of the Country liquor bottling plant) as

charge of the laboratory of this bottling plant have received from the Officer in

Charge a sample of ...................................... bearing Serial No. ........................

of Batch No..........................

The sample is in a condition fit for analysis and has been analysed on

...............

......... (give date of starting and completion of analysis) and the result of

its analysis is given below.

1 Sample Description (What it contains)

2 Sample Batch no.

3 Physical Appearance of sample/container

4 Label declaration

5 Description of ingredients and its percentage

in the sample as per standards mentioned by

the Chemical Examiner, Government of

Jharkhand [Ref Rule

23(5)]

6 Report (sample wise)

a) Strength of the sample

b) Obscuration of the sample

7 State in clear terms whether the sample

conforms to the standards mentioned by the

Chemical

Examiner,

Government

Jharkhand

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

Jharkhand Excise C.L.

Form No. 1

License for the bottling of Country Liquor

[See rule 7(8)]

or Spiced Country Liquor

License for the bottling of Country Liquor or Spiced

Country Liquor

Name of District

...............................

District ..................................................................

......................................................

.....

.........................................................................

.......

No. of license in Register no.

No. of License in Register

No.

......................................................

....

.........................................................................

.......

Name of Licensee

......................................................

Locality where bottling is to

................................................................................

carried on

Locality where bottling is to be carried on......

Licensee

................................................................................

......................................................

.....

.........................................................................

.......

......................................................

.....

Sri/Smt/M/s. ..........................................................

......................................................

.....

...................................

resident of

.........................

Current from

.....................................

..................................................................

holding

License in Form No......................

No.

............

for

......................................................

the sale by wholesale of Country Liquor is

hereby

Date of license

authorized by the undersigned, being

the

......................................................

.....

Collector of

......................

to bottle

Country

Amount of fee paid in advance

Rs.

Liquor out of ENA, whether imported or

......................................................

.....

manufactured in the State on which fee has

been

......................................................

.....

paid at prescribed rate from ........................

to the

......................................................

.....

31st March,

..........................................

......................................................

.....

The installed capacity of the country

liquor

......................................................

.....

bottling plant shall be ..................

bottles per

day.

(in figures and words)

Received the license of which

this is

It is required of the holder of the license as a

the counterfoil

condition of its remaining in force that he

duly

and faithfully perform and abide by the

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

place in each room.

IV. That he/they uses/use no bottle having a

less capacity than that approved by the

Government and that on a system submitted

for approval to, and approved by the Excise

Commissioner, he/they securely seals/seal

(ROPP) capsule and label every bottle in

such a manner that the bottle cannot be

opened without tampering the seal of the

bottle.

V. That he/they maintains/maintain a regular

and accurate account of his/their operations

in such form as the Excise Commissioner

may, from time to time prescribe; that

he/they enters/enter therein such particulars

as the Excise Commissioner may, from time

to time, direct as soon as the transactions for

each day have been closed; that he/they

keeps/keep the said account book for 12

months after it has been taken out of use and

that he/they allows/allow any Excise Officer

of or above the rank of Sub-Inspector to

inspect the same at all reasonable hours.

VI. That he/they allows/allow any Excise

Officer of or above the rank of Sub-

Inspector, he/they assists/assist such officer

by a sufficient number of servants in taking

account of his stock.

VII. That he/they allows/allow any Excise

Officer of or above the rank of Sub-

Inspector to enter into and remain upon the

licensed premises so long as may be

necessary for the purpose execution of

his/their duties and that he/they does not/do

not obstruct any such officer in the

performance of such duties.

VIII. That he/they keeps proper hygiene at

the bottling premises.

IX.

That

licensee

abide

all

the

rules/order/

circular

notified

under

Jharkhand Excise Act and also all the orders

and

instructions

issued

Excise

Commissioner.

Note : Infraction of any of the above

conditions or of any of the provisions of the

Jharkhand Excise Act, 1915, or of any of the

notifications

published

rules

made

thereunder, so far as they are applicable to

this license, shall subject the holder of this

license and to all or any of the penalties

prescribed by law for this time being in

force.

Collector of ..........................................

Collecto

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

JHARKHAND EXCISE C.L. FORM NO. 2

License for the sale by wholesale of Country Liquor or Spiced Country

Liquor

The Counterpart agreement of this license is to be signed by the licensee and to

be filed in the Office of the Collector.

................................................................ grantee of a license for supply of

capsuled and labelled Country Liquor bottles under section 90 if the Jharkhand

Excise Act, 1915, as subsequently amended is hereby authorized by the

undersigned .......................................... to sell by wholesale capsuled and

labelled Country Liquor in Jharkhand for the period from .................. to

............... It

is required of the holder of this license - (hereinafter called the "Licensee") - as

a condition of the same remaining in force that the Licensee duly and faithfully

perform and abide by the following conditions :-

That the Licensee shall be bound by the provisions of the Jharkhand

Excise Act, 1915, as subsequently amended and by all rules for the

management of warehouses or for issue of liquor there from which may

be prescribed under the said Act, from time to time, and by all special

orders which may be issued by the Excise Commissioner regarding any

particular warehouse and shall cause all persons employed by the

licensee to obey all such rules and orders.

That unless the Excise Commissioner directs otherwise, no liquor shall

be sold under this license elsewhere than at the licensed warehouses and

retail licenses.

The Licensee shall be allowed by the Excise Commissioner to

establish a warehouse for storage of ENA for manufacture of Country

Liquor and sale by wholesale to the retail vendors or to another licensee

for the sale by wholesale bottled Country Liquor.

That the liquor sold under this license shall be Country Liquor and or

spiced country liquor/or bottled Country Liquor of good quality. If it is

found to be of inferior quality or otherwise unsuitable for issue, the

office-in-charge of the warehouse shall stop its issue pending the orders

of the Excise Commissioner and it may, after analysis, be rejected or

destroyed or otherwise dealt with under the orders of the Excise

Commissioner and duty leviable on such liquor shall be realized from the

Licensee cannot be refunded.

That the liquor kept at the said warehouse for sale under this license

shall be subject to periodical analysis by or under the orders of the

Collector or the Excise Commissioner and that the Licensee shall be

bound to take steps to remedy any defects in the quality thereof which

the Collector or

the Excise Commissioner may consider materials, and such decision of

the Collector or Excise Commissioner in writing shall be final and

conclusive.

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

That the maximum retail price to be charged for capsuled and labelled

Country Liquor sold under this license shall be fixed by the Excise

Commissioner as per the existing rules..

The liquor sold at the said warehouse shall be liquor manufactured in the

bottling plant of the Licensee and/or liquor obtained from any other

distillery situated in the State and/or obtained from any other source as

approved by the Excise Commissioner in writing and shall be of such

strength or strengths only and in such units relating to measure as may

be fixed from time to time by special or general order of the State

Government.

That sales of country liquor and/or Spiced Country Liquor under this

license shall be made only to another wholesale licensee of the same

and/or to persons (hereinafter called licensed vendors), producing passes

in the prescribed form authorizing the sale to them of country liquor

and/or Spiced Country Liquor and only of the description or descriptions

of liquor mentioned in such passes and of no greater quantity mentioned

therein.

That the Licensee shall be bound to supply to the licensed vendors by

way of sale, at any warehouse at which the sale of liquor and/or bottled

Country Liquor under this license is for the time being permitted in the

quantity or quantities and description or descriptions mentioned in the

passes produced by them.

That all such fittings or articles as are necessary or proper for, or

connected with, and suitable to the supply, storage, gauging, handling,

sale and issue of liquor under this license, including vats, tanks, pumps,

pipes, locks and vessels etc. for use in each warehouse, at which the sale

of liquor under this license is for the time being permitted, shall be

provided by the Licensee to the satisfaction of and as required by the

Excise Commissioner. Vats, tanks and casks in such warehouse for the

storage or issue of liquor must be of such manner as the Excise

Commissioner may from time to time direct. The Licensee shall also be

responsible for the conveyance of water to all such warehouses for

purposes of reduction and so far as may be necessary or proper regarding

which the orders in writing of the Collectors or the Excise Commissioner

shall be conclusive for the filtration and purification of such water before

its admixture with liquor, and the Licensee shall be bound to comply

with all written directions of the Collector or the Excise Commissioner

in those respects forthwith after receipt of such directions.

10.

That the Licensee shall keep regular and accurate accounts in each

warehouse in such form as may from time to time be prescribed by the

Excise Commissioner showing daily the quantity and strength of all

liquors received in, issued from and in-stock in the warehouse.

11.

That the licensee shall, when required by any Excise Officer not below

the rank of Sub-Inspector, assist such Officer by a sufficient number of

servants in taking accounts of his stock.

12.

That alterations in the rates of duty imposed under section 27 of the

Jharkhand Excise Act, 1915, as may subsequently be amended shall not

in any way affect the conditions of this license.

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

13.

That on the expiration of the period of this license or of any renewal

thereof or earlier determination of the same or on account of cancellation

or suspension, the Licensee shall be bound to leave, if so ordered by the

Collector or the Excise Commissioner, in each warehouse at which

immediately before such determination the sale of liquor and/or bottled

Country Liquor under this license is permitted, a quantity of liquor

and/or bottled Country Liquor equal to the average quantity sold in

fourteen days at such warehouse during the preceding months of the year

in which such determination take place, provided that the quantity of the

liquor so left shall be paid by the succeeding licensee. The Licensee

shall, within ten days of the receipt of written notice from the Excise

Commissioner or the Collector, remove any quantity of liquor and/or

Country Liquor in any warehouse in excess of such quantity so to be left

as aforesaid on payment of full duty and in default of his so doing the

cost of any establishment which it may be necessary to employ at any of

the warehouse, may be recovered from him and in default of his payment

such costs within one month, the liquor shall be liable to forfeiture at the

discretion of the Excise Commissioner.

14.

That liquor intended for sale under this license at any of the warehouse

at which the sale of liquor hereunder is for the time being permitted,

shall be

conveyed to the warehouse for which the same is intended in sound and

water tight casks or approved metal vessels on which shall be painted in

oil of white colour in letters not less than 2.5 centimetres high the

number of the cask or vessel, its capacity to the nearest tenth of a litre

and the name of the distillery or warehouse from which it has been

issued. Marks other than those specified above shall be oblitreated.

It shall be transported only after payment of the duty at the rate

prescribed under section 27 of the Jharkhand Excise Act, 1915 as

subsequently amended at the sole risk and responsibility of the Licensee.

The Licensee shall be liable to pay duty on any deficiency in excess of

the limit for the time being prescribed by the rule under section 90 of the

Jharkhand Excise Act, 1915, as subsequently amended.

15.

That the Licensee shall be liable to pay duty at the rate leviable under

section 27 or 28 of the Jharkhand Excise Act, 1915 or modification

thereof for the time being in force on all liquor duly recorded to having

been brought into and stored in a warehouse and not accounted for, to

the satisfaction of the Excise Commissioner, in excess of a wastage

allowance, as may be prescribed in the rules for the time being in force.

16.

That as security for the fulfillment of these conditions, the Licensee shall

deposit with the Excise Commissioner or the Collector in respect of each

warehouse, at which the sale of liquor under this license is for the time

being permitted such amount as the Officer may direct.

17.

That it shall be lawful for the Excise Commissioner or the Collector to

deduct the following sums of money, namely, the sum, if any, payable

under section 27 of the Jharkhand Excise Act, 1915 or any modification

thereof for the time being in force, and the fee, if any, payable as per

law, from the sum deposited with him by the Licensee as security for the

due performances of the conditions of the Licensee and for this purpose

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

the Excise Commissioner or the Collector may sell all or any of the

Government

Promissory

Notes

deposited,

the

property

hypothecated.

18.

That any sum deducted by the Excise Commissioner or the Collector

under the powers herein contained from the amount deposited by the

Licensee as security for his due performance of the conditions of the

Licensee, shall be replenished within fifteen days from the date of

receipt of a notice from the Excise Commissioner or the Collector

informing the Licensee of such deduction having been made.

19.

That the cancellation of the license shall not be deemed to prevent the

prosecution of any person for any offence which may be committed

against the provisions of the Jharkhand Excise Act, 1915 or any

modification thereof for the time being in force or any other law for the

time being in force relating to the Excise Revenue.

20.

That without prejudice to the procedure prescribed for recovery of dues

by section 93 of the Jharkhand Excise Act, 1915, or any modification

thereof for the time being in force all sums due to Government from the

Licensee may be recovered from the amount of deposit made by the

Licensee or by sale of properties hypothecated to Government.

21.

Infraction of any of the conditions above specified will render this

license liable to cancellation and will entail the punishment provided

there for in the Jharkhand Excise Act, 1915.

Collector

Counterpart Agreement

Executed separately

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

JHARKHAND EXCISE C.L. FORM NO. 3

License to establish a private Warehouse for the Deposit and

Storage of ENA after payment of duty for the purpose of

manufacture of Country Liquor and sale to persons holding valid

licenses or permits for the possession of such capsuled and labelled

bottles of Country Liquor.

The Counterpart of this license is to be signed by the Licensee and to be

filed in the Collector's Office.

Messers ........................................................................................ is

hereby

authorized by the undersigned to establish a private warehouse

............................

in the District of ................................. for the deposit and storage after payment

of duty of ENA for the purpose of sale and/or for the purpose of manufacture

of Country Liquor till ..............................................

It is required to the holder of this license hereinafter called the Licensee

as a condition of its remaining in force that he/they duly and faithfully perform

and abide by the following conditions and by all the provisions of the

Jharkhand Excise Act, 1915, as amended (hereinafter referred to as the "Act")

and the rules and orders made there under as far as they are applicable to a

private warehouse:-

That before depositing any liquor under this license, the Licensee

executes a bond for the payment of duty at the rate for the time being

imposed under section 27 of the Act on all liquor deposited or kept at the

aforesaid warehouse.

That the Licensee comply with all the provisions of the rules and orders

relating to the import or transport of liquor to be stored or deposited at

the aforesaid warehouse.

That the Licensee provide within the warehouse room suitable for the

storage of ENA. All such rooms shall be under the joint lock and key of

the Excise Officer-in-Charge and of the Licensee.

That the Licensee provide all such fittings and articles as necessary and

suitable for the storage, issue, gauging, proving and handling of liquor

including vats, tanks, pumps, pipes, locks, vessels etc. to the satisfaction

of the licensing authority. Vats, tanks and casks of the storage and issue

of liquor being of such number, capacity and material set up according to

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

such design and market in such manner as the licensing authority may

from time to time direct.

That the Licensee do not make addition or alteration to the approved

buildings or rooms for the deposit and storage of ENA or to any

permanent apparatus of the warehouse without the previous sanction of

the licensing authority.

That the Licensee do not store any ENA in any place other than the place

approved in this behalf and do not keep in any place of the warehouse

any liquor not obtained and possessed under the license.

That the Licensee obey all special orders or instructions which may be

issued by the State Government or by the Excise Commissioner from

time to time in connection with the aforesaid warehouse and cause all

persons employed by him to obey such orders or instructions.

Violation of any of the provisions of the Jharkhand Excise Act, 1915,

subsequently amended, or any of the rules or orders referred to above or

any of the conditions of this license shall subject the Licensee to

forfeiture of his license and to all or any of the penalties prescribed by

law or rule.

Collector,

....................................

Counterpart Agreement

We, M/s ....................................................................., the above named

Licensee

for myself

and my heirs, legal representatives and assignees, hereby agree to and observe

all the terms and conditions hereinbefore within and expressed.

Date .................................

Witnesses ........................

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

JHARKHAND EXCISE C.L. FORM NO. 5

Transport pass for issue of country liquor or spiced country liquor from

Country Liquor Manufactory.

1. District

: .......................................................

2. Name of the Country Liquor : .......................................................

Warehouse

.......................................................

3. Kind of liquor (Country Liquor/

: .......................................................

Spiced Country Liquor)

4. SI. No. of the Pass

: .......................................................

5. Date of Issue

: .......................................................

6. Name of the person to whom : .................................................

issued

7. Name of the shop with address

: .......................................................

.......................................................

Pass of Country Liquor of the description and quantity mentioned below

for the transport from Depot at

......................................................

the premises of the licensee at ................................................................

Nominal strength

Bottles

Bulk Litres

An amount of Rs. ............................ (Rupees .............................. ) only has

been debited from the Account Register of the manufacture.

10.

The pass is issued on the basis of requisition No ........................

of .............

dated................... submitted by the licensee.

11.

The

pass

will

remain

current

for

..........................

day(s) from the date of

issue and is to be returned to issuing officer.

Signature of the Excise Officer in

Charge Copies : i) The original of the pass shall accompany the consignment.

ii) The duplicate copy shall be handed over to the consignee.

iii) The triplicate copy shall be forwarded to the Collector of Excise of

the

district

where

the

consignment

received.

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

iv) The quadruplicate copy shall be returned for record.

JHARKHAND EXCISE C.L. FORM NO. 6

Transport pass for issue of country liquor or spiced country

liquor from Duty Paid Country Liquor Warehouse.

1. District

: .......................................................

2. Name of the Country Liquor : .......................................................

Warehouse

.......................................................

3. Kind of liquor (Country Liquor/

: .......................................................

Spiced Country Liquor)

4. SI. No. of the Pass

: .......................................................

5. Date of Issue

: .......................................................

6. Name of the person to whom : .......................................................

issued

7. Name of the shop/unit with : .......................................................

address

.......................................................

Pass of Country Liquor of the description and quantity mentioned below

for the transport from Depot at

......................................................

.......

the premises of the licensee at ................................................................

Nominal strength

Bottles

Bulk Litres

The pass is issued on the basis of requisition

........................ of .............

dated

...................

submitted by the licensee.

10.

The pass will remain current for ..........................

day(s) from the date of

issue and is to be returned to issuing officer.

Signature of the Excise Officer in

Charge Copies : i) The original of the pass shall accompany the consignment.

ii) The duplicate copy shall be handed over to the consignee.

iii) The triplicate copy shall be forwarded to the Collector of Excise of

the district where the consignment is to be received.

iv) The quadruplicate copy shall be returned for record.

Jharkhand Gazette (Extraordinary), Tuesday, 25^thDecember, 2018

Schedule of payment for getting a license of manufacturing,

bottling and storage of country liquor –

Type of the Fee/Duty

Amount of the

Remarks

No.

Fee/Duty

Non

refundable

Rs. 500000

to be deposited at the time

application fee

application

Earnest money deposit

Rs. 500000

to be paid within 7 days of

issue of letter of intent.

Registration

Fee

Rs. 1500000

be deposited

before

getting the license

License

fee

Rs. 10000

to be deposited before

the

grant of license

Security

deposit

Rs. 500000

earnest

money

deposit

shall

converted into

security

deposit after the grant of

license

Registratin fee atthe

Rs. 1000000

time of

renewa

license

for

the next

financial year

License fee at the time of

Rs. 10000

renewal of license for the

next financial year

Late fine

for delayed

Rs.

100000

application for renewal

& ii) Rs. 500 per diem

of license

counted from the date

expiry

of the

license

Import fee for importing

0.50

(Fifty paisa

ENA

from outside

per

bulk

leter)

Jharkhand

for

manufacturer of Country

Liquor

Jharkhand Gazette (Extraordinary), Friday, 21^stDecember, 2018

Bottlig

fee of country

Rs. 0.20 (20 paisa per

liqur

bottle

every pack

size of country liquor)

Excise

duty

prescribed

by the

State

Government

from

time

Additional Excise duty

prescribed

by the

State

Government

from

time

Any

other

fee/duty

prescribed

by the

Appropriate Authority

-------------

Printed & Published by the Superintendent of Jharkhand Government Press, Doranda, Ranchi.

Jharkhand Gazette (Extraordinary) 1149 -- 200.