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GOVERNMENT OF PUDUCHERRY
DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT
No. 6030/DCE/S1/2017-18/373.
Puducherry, the 23rd July 2018.
NOTIFICATION
The Draft of the following rules further to amend the Puducherry
Excise Rules, 1970, which the Lieutenant-Governor, Puducherry, has
proposed to make in exercise of the powers conferred under section 70
of the Puducherry Excise Act, 1970 (No. 12 of 1970), is hereby
published as required under sub-section (1) of the said section for
information of all persons likely to be affected thereby and notice is
hereby given that the said Draft Rules will be taken into consideration
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2018 } | 25 {
No. 36
Poudouchéry
Mercredi
25
Juillet
2018
No.
Puducherry
Wednesday
25th
July
2018
(3 Sravana 1940)
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[PART–II
on the expiry of thirty days from the date of publication of this
Notification in the Official Gazette. Any objections or suggestions
which may be received from any person by the Government of
Puducherry in respect of the said Draft Rules within the period specified
above will be considered by the Government. The objections or
suggestions shall be addressed to the Secretary to Government
(Excise), Chief Secretariat, Goubert Avenue, Puducherry.
DRAFT RULES
1. Short title and commencement.— (1) These rules may be
called the Puducherry Excise (Fourth Amendment) Rules, 2018.
(2) They shall come into force on and from the date of their
publication in the Official Gazette.
2. Amendment of rule 246.— (i) In the Puducherry Excise
Rules, 1970 (hereinafter referred to as the said rules) in rule 246, in
clause (b), between the words "black beer" and "porter", the words "craft
beer, draught beer" shall be inserted;
(ii) In the said rules, in rule 246, after clause (h), the following
shall be inserted, namely:-
"(hh) "Microbrewery" means a small brewery situated in a place
where Draught Beer or Craft Beer is manufactured and the same is
served to their customers for consumption within the premises with
an installed capacity of not more than one thousand liters per day."
3. Insertion of new rule 247A.— In the said rules, after rule 247,
the following new rule 247A shall be inserted, namely:-
"247A. Grant of licence for Microbrewery.- (1) Any person
who is desirous of obtaining a licence for a Microbrewery shall
apply to the Excise Commissioner in Form 4 through the Deputy
Commissioner. The Application shall be accompanied by a treasury
challan for having credited the fee specified in sub-rule (2) and
full description of the premises, utensils and installed capacity
of the Plant per day. The detail in the application shall be checked
either by the Deputy Commissioner or some other Officer duly
authorised by him in this behalf who shall certify to the fact, if,
he finds it correct and forward it to the Excise Commissioner.
The Excise Commissioner may grant Microbrewery Licence in
Form 5.
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(2) The fee for grant of Microbrewery Licence shall be rupees
two lakhs per year.
(3) The licensee shall arrange to check the quality of raw
materials used and the liquor produced in the Microbrewery by a
chemist holding a Degree in Science with Chemistry as one of the
subject preferably organic-chemistry or bio-chemistry or specialization
in alcohol technology.
(4) The beer so produced in the Microbrewery shall be released
for sale only after the said Chemist certifies that such beer is fit for
human consumption.
(5) The licensee shall arrange to draw the beer samples once in
every month and forward the same to the laboratory for analysis. The
report so obtained thereon shall be displayed on the premises of
Microbrewery.
(6) The applicable Excise Duty and Additional Excise Duty would
be collected on fifty percent of the annual installed capacity of the
Microbrewery in advance to be paid along with the licence fee.
(7) The Microbrewery licensee if, he so desires, may also, on
payment of applicable licence fee, obtain FL.2 Tourism Category
licence to serve other varieties of IMFL/Alcoholic drinks in the
licensed premises"
4. Insertion of new Forms 4 and 5.— In the said rules, after
Form 3, the following Forms 4 and 5 shall be inserted, namely:-
FORM–4
(See rule 247 A)
Application for Grant of Microbrewery Licence
To
The Excise Commissioner, Puducherry.
1. Name/s of the Applicant/s with full postal address:
2. The Amount of capital proposed to be invested:
3. The name and description of the place in which the
Microbrewery is situated:
4. Whether project report is submitted:
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5. Whether clearance certificate is obtained from Pollution
Control Board:
6. Descriptions of vessels and other permanent apparatus:
7. Production capacity of the Microbrewery per day/per annum:
8. Whether Applicant has enclosed the treasury challan for having
credited the prescribed licence fees in favour of the Government:
DECLARATION
1. I/We hereby declare that the particulars mentioned in the
application are correct.
2. I/We am/are not convicted of any offence under the Puducherry
Excise Act or Rules made thereunder or any of the cognizable or non-
bailable offences under any other law.
3. I/We have gone through the Puducherry Excise Rules, 1970
relating to the licence applied for by me/us hereunder and am/are
conversant with the provisions thereof.
4. I/We hereby undertake to abide by the conditions of the licence
and provisions of the Puducherry Excise Rules, 1970 and the rules
and regulations made thereunder.
Signature of the Applicant/s.
————
FORM–5
(See rule 247A)
Microbrewery Licence
I, ..................... Excise Commissioner, Puducherry under the
provisions of rule 247 A of the Puducherry Excise Rules, 1970 hereby
licence you ............... (hereinafter called the licensee) to manufacture
and serve beer in your premises at .................... from ............... to
................ subject to the following conditions to be observed by you,
the Licensee.
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CONDITIONS
1. The licensee shall be bound by the provisions of the
Puducherry Excise Act, 1970, notifications, rules and orders made or
issued thereunder and the Puducherry Excise Rules, 1970.
2. The licensee shall observe such rules as may be prescribed
by the Government or such instructions and orders as may be issued
by the Excise Commissioner from time to time in regard to the control
of the manufacture, possession and serving.
3. The licensee shall be bound by such orders as may be passed
by the Government or the Excise Commissioner concerning the
process of manufacture to be adopted and the standards and quality of
beer to be produced and served.
4. The licensee shall provide a Saccharometer and a Thermometer
of a kind to be approved by the Excise Commissioner for testing the
gravity of wort in the Brewery. A hydrometer shall also be provided
for testing the strength of the draught beer.
5. The alcohol content of the beer produced supplied to the
customers shall not exceed 8% v/v.
6. The pH, temperature and gravities of the brews up to
maturation stage should be recorded and the same is subject to
inspection as and when called for by a Competent Authority.
7. The premises to be maintained neat and clean with proper
ventilation, lighting and to meet all safety and emergency standards and
the beer dispensing system including glasses, serving tables, etc., to
be maintained hygienically at all times.
8. Periodic fumigation by certified persons of the storage
facility as well as the premises to be done on a routine basis and
records maintained.
9. Under no circumstances, beer or any alcoholic drinks to be
served to persons below the age of 18 years.
10. The payment of the licence fees, excise duty and additional
excise duty as specified in the rule is to be paid in advance. No refund
of fee or duty will be allowed, if, the licensee is not able to operate
the licence.
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11. The licensee shall strictly maintain timings of serving of
beer to the customer between 10.00 a.m. and 11.00 p.m. (or) such
timings and on such restriction as may be prescribed by the Excise
Commissioner from time to time.
12. The licensee is prohibited from manufacturing any of the
beers save the ones specially instructed.
13. The licensee shall issue beer to the visitors of the licensed
premises.
14. The licensee shall also sell in kegs/receptacles to other FL.2
licences and FL.2 licences under Tourism category not exceeding 50%
of the licensed capacity on any given day.
15. The account of the transactions in the Microbrewery relating
to issue shall be maintained in such manner as may be required by the
Excise Commissioner.
16. The licensee shall furnish any statistics relating to
manufacture and the sale of beer that may be required when called upon
to do so by any Competent Authority.
17. For any breach of the rules or the conditions of the licence,
the Excise Commissioner may after giving a fortnight's notice to the
licensee suspend or cancel the licence. The licensee shall not be
entitled to any compensation on account of such suspension or
cancellation.
(By order of the Lieutenant-Governor)
J. DAYALANE,
Under Secretary to Government (Revenue).
————
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Printed at: Government Central Press, Puducherry.
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