Act Description : ANDHRA PRADESH (REGULATION OF WHOLESALE TRADE

AND DISTRIBUTION AND RETAIL TRADE IN INDIAN LIQUOR, FOREIGN LIQUOR, WINE AND BEER) ACT, 1993

Act Details :

 

ANDHRA PRADESH (REGULATION OF WHOLESALE TRADE AND DISTRIBUTION AND RETAIL TRADE IN INDIAN LIQUOR, FOREIGN LIQUOR, WINE AND BEER) ACT, 1993 

4th September, 1993

 

An Act to provide for the taking over of the Wholesale Trade and Distribution in Indian Liquor, Foreign Liquor, Wine and Beer and to Regulate the Retail Trade thereof as a prelude to totally prohibit the consumption of intoxicating liquors. Whereas the Government have taken notice of the evils of consumption of intoxicating liquors and have been thinking of prohibiting the consumption of intoxicating liquors in pursuance of Article 47 of the Constitution of Indian; And whereas the Government have accordingly imposed ban on the sale of arrack in retail in Nellore District for the Excise Year 1992-1993; And whereas the Government have decided not to lease out the right to sell arrack in retail in any part of the State with effect from the appointed date with a view to totally ban the consumption of arrack; And whereas the Government have been thinking of taking over the wholesale trade and distribution in Indian Liquor, Foreign Liquor, Wine and Bear from the private sector in order to have an effective control over the wholesale supply and distribution in Indian liquor, Foreign liquor, Wine and Beer to facilitate the eventual prohibition of consumption of intoxicating liquors of any kind; And whereas the Government have also been thinking of terminating all the existing licences to sell Indian liquor, Foreign liquor, Wine and Beer in retail and lease the right to sell Indian liquor by way of auction in order to facilitate easy imposition of total prohibition; And whereas the Government have carefully considered the whole matter and have taken a policy decision that in public interest the exclusive privilege of supplying in wholesale the Indian liquor, Foreign liquor, Wine and Beer in the whole of the State of

 

Andhra Pradesh shall be vested in the Andhra Pradesh Beverages Corporation Limited, a Corporation wholly owned and controlled by the Government, and that the right to sell the same in retail shall be auctioned by the State in place of the present practice of granting licences; And whereas the licences already granted in respect of privilage of supplying in wholesale and retail Indian liquor, Foreign liquor, Wine and Beer under the existing rules will expire on the 30th September, 1997; And whereas the Government have decided to terminate all existing licences for wholesale trade and distribution of Indian liquor, Foreign liquor, Wine and Beer and also the licences for selling the same in retail with effect from the appointed date in order to achieve the aformentioned object in public interest as a preclude to totally prohibiting the consumption thereof in course of time; Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Forty-fourth Year of the Republic of India as follows :-

 

Section 1 Short title, extent and commencement

 

(1) This Act may be called the Andhra Pradesh (Regulation of Wholesale Trade and Distribution and Retail Trade in Indian Liquor, Foreign Liquor, Wine and Beer) Act, 1993.

 

(2) It extends to the whole of the State of Andhra Pradesh.

 

(3) It shall come into force on such date as the Government may, by notification, appoint and they may appoint different dates for different areas and for different provisions.

Section 2 Definitions

 

In this Act unless the context otherwise requires,_

 

(1) 'appointed date' means the date appointed under sub-section (3) of Section 1 ;

 

(2) 'Commissioner' means the officer appointed under Section 3 of the Andhra Pradesh Excise Act, 1968;

 

(3) the words and expression used but not defined in this Act shall have the meanings assigned to them in the Andhra Pradesh Excise Act, 1968 and the rules made thereunder.

 

Section 3 Termination of licences to sell Indian liquor etc., in wholesale

 

(1) Notwithstanding anything contained in the Andhra Pradesh Excise Act, 1968 and the rules made thereunder, the Indian Contract Act, 1872 or any judgment, decree or order of any Court, Tribunal or other authority or the terms and conditions of any agreement entered into with the licensing authority under the Andhra Pradesh Excise Act, 1968 and a licence prior to the appointed date or any other law for the time being in force, every import permit, export permit, transport permit and licence granted to sell Indian liquor, Foreign liquor, Wine and Beer in wholesale and remaining in force on the appointed date shall stand terminated with effect on and from the appointed date and thereupon the licensing authority shall be free from all obligations arising out of such permit and licence and accordingly no suit or other proceeding shall be entertained or continued in any Court against the licensing authority or any person or authority whatsoever for the enforcement of any terms and conditions of such permit or licence so terminated or for any damages or compensation on the ground that any loss is sustained by the termination thereof before its expiry.

 

(2) Within a period of one month from the date of commencement of

this Act the Government shall, takeover the entire stock of Indian liquor, Foreign liquor, Wine and Beer which on the date of such commencement is in the possession of any holder of a permit or licence which stood terminated under sub-section (1) on such terms and conditions as may be prescribed.

 

Explanation :-For the purpose of this sub-section, the expression "stock of Indian liquor, Foreign liquor, Wine and Beer which on the date of such commencement, is in the possession of any holder of a permit or licence which stood terminated under sub-section (1)" shall include stock in movement on the date of commencement of this Act consequent on the orders place by such holder with the suppliers : in pursuance of permits granted by the competent authority under the Andhra Pradesh Excise Act, 1968 and the rules made thereunder.

 

Section 4 Taking over of wholesale trade in Indian liquor

 

(1) Notwithstanding anything contained in the Andhra Pradesh Excise Act, 1968, the right to carry on wholesale trade and distribution of Indian liquor, Foreign liquor, Wine and Beer shall on and from the appointed date solely vest in the Government and subject to such rules as may be made in this behalf the Andhra Pradesh Beverages Corporation Limited, a Corporation wholly owned and controlled by the Government shall have the exclusive privilege of importing, exporting and carrying on the wholesale trade and distribution of Indian liquor, Foreign liquor, Wine and Beer on behalf of the Government, for the whole of the State of Andhra Pradesh and no other person shall be entitled to any privilege of importing, exporting and supplying the same in wholesale or distributing the same for the whole or any part of the State.

 

Explanation :-For the removal of doubts it is hereby declared that the Andhra Pradesh Beverages Corporation Limited shall, while carrying on the wholesale trade and distribution of Indian liquor, Foreign liquor, Wine and Beer under this section shall be deemed to be an authority acting on behalf of the Government for purposes of Section 68-A of the

Andhra Pradesh Excise Act, 1968.

 

(2) The Andhra Pradesh Beverages Corporation Limited shall open its branches in the State in such place and subject to such conditions as the Commissioner may specify.

 

(3) Until the date on which the Andhra Pradesh Beverages Corporation Limited commences supplying, by wholesale, Indian liquor, Foreign liquor, Wine and Beer to retail dealers or till the date of the expiry of a period of two months commencing on and from the appointed date which ever is earlier, the Government shall as an interim measure, effect supply, by wholesale, of Indian liquor, Foreign liquor, Wine and Beer to Bars, Clubs and Military Canteens and the retail dealers directly through the officers of the Government.

 

Section 5 Termination of licences to sell Indian liquor in retail

 

Notwithstanding anything contained in the Andhra Pradesh Act XVII of 1968 and the rules made thereunder, the Indian Contract Act, 1872 or any judgment decree or order of any court, Tribunal or other authority or the terms and conditions of any agreement entered into with the licensing authority under the Andhra Pradesh Excise Act, 1968 and the licensee prior to the appointed date or any other law for the time being in force, every licence granted to sell Indian liquor, Foreign liquor, Wine and Beer in retail and remaining in force on the appointed date shall stand terminated with effect on and from the appointed date and thereupon the licensing authority shall be free from all obligations arising out of such licence and accordingly no suit or other proceeding shall be entertained or continued in any Court against the licensing authority or any person or authority whatsoever for the enforcement of any terms and conditions of such licence so terminated or for any damages or compensation on the ground that any loss is sustained by the termination thereof before its expiry : Provided that the licensing authority shall refund any licence fee paid as earnest money or otherwise which is found to be in excess of the amount due to the

Government in proportion to the duration of the licensee enjoyed by the licence before its termination under this section.

 

Section 6 Regulation of retail trade in liquor

 

On and from the appointed date, the retail trade in Indian liquor, Foreign liquor, Wine and Beer shall be regulated by rules made by the Government in that behalf and notwithstanding anything contained in Section 5, it shall be competent for the Government to provide in such rules any transitional arrangements for carrying on retail trade until retail trade as regulated under such rules comes into being and also with regard to the stocks of Indian liquor, Foreign liquor, Wine and Beer remaining on the appointed date with the retail dealers.

 

Section 7 Prohibition of private trade in Indian liquor etc.

 

(1) No person shall import, export or otherwise carry on wholesale trade in Indian liquor, Foreign liquor, Wine and Beer or carry on retail trade in Indian liquor, Foreign liquor, Wine and Beer in contravention of the provisions of this Act.

 

(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment which shall not be less than two years but which may extend upto five years or with fine which shall not be less than ten thousand rupees but which may extend upto twenty five thousand rupees or with both.

Section 8 Offences by Companies

 

(1) If the person committing an offence under this Act is a company,

the company as well as every person incharge of and responsible to the Company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

 

Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due deligence to prevent the commission of such offence.

 

(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a Company and it is proved that the offence has been committed with the consent or connivance of or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

 

Explanation:- For the purposes of this section,_

 

(a) 'Company' means any body corporate, and includes a firm or other association of individuals; and

(b) 'Director' in relation to a firm, means a partner in the firm.

Section 9 Abatement of applications

 

Notwithstanding anything contained in the Andhra Pradesh Excise Act, 1968 (Act XVII of 1968) or the rules made thereunder or in any judgment, decree or order of any court, tribunal or other authority, every application made for the grant of renewal of any permit or licence of any nature referred to in Sections 3 and 5 and pending

before the Commissioner or before the State Government or any other authority on the appointed date and every action taken, or enquiry made, in respect of such application, shall abate and all fees paid in connection therewith (including the application fee and licence fee if any) already paid shall be refunded.

Section 10 Act not to apply to bars and clubs

 

Nothing contained in this Act shall apply to Military Canteens, Stores departments dealing in liquor in whole sale or retail and to licenced bars and clubs supplying Indian liquor, Foreign liquor, Wine and Beer to their customers.

Section 11 Overriding effect Act XVII of 1968

 

The provisions of this Act shall have effect notwithstanding anything contained in the Andhra Pradesh Excise Act, 1968.

Section 12 Power to make rules

 

(1) The Government may, by notification make rules for carrying out all or any of the purposes of this Act.

 

(2) Every rule made under this Act shall immediately after it is made, be laid before the Legislative Assembly of the State if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be, comprised in one session or in two successive sessions; and if before the expiration of the session in which it is so laid or the session immediately following, the Legislative Assembly agrees in making any modification in the rule or in the

annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

 

Section 13 Repeal of Ordinance 5 of 1993

 

The Andhra Pradesh (Regulation of Wholesale Trade and Distribution and Retail Trade in Indian Liquor, Foreign Liquor, Wine and Beer) Ordinance, 1993 is hereby repealed.

 

RULE: 

ANDHRA PRADESH (SALE OF LIQUOR TO PERMIT HOLDERS AND LICENCES) RULES, 1995

 

In exercise of the powers conferred under sub section (1) of Section 4 read with sub section (1) of Section 12 of the Andhra Pradesh (Regulation of Wholesale Trade and Distribution and Retail Trade in Indian Liquor, Foreign Liquor, Wine and Beer) Act, 1993 (Act 15 of 1993), the Governor of Andhra Pradesh hereby makes the following rules for the sale of Indian Liquor, Foreign Liquor, Wine and Beer to the holders of permits and licences issued under the A.P. Liquor (Permit and Licence) Rules, 1995 in the State of Andhra Pradesh

 

Rule 1 Short Title

 

These Rules may be called the Andhra Pradesh (Sale of Liquor to

holders of Permits and Licenses) Rules, 1995.

 

Rule 2 Definitions

 

(1) In these rules, unless the context otherwise requires:

 

(a) Act means the Andhra Pradesh (Regulation of Wholesale Trade and Distribution and Retail Trade in Indian Liquor, Foreign Liquor, Wine and Beer) Act, 1993;

(b) Bottle means to transfer liquor from a cask or other vessel to a bottle, jar, flask, pot or similar receptacle for the purpose of sale whether or not any process of manufacture is employed, and includes rebottling;

(c) Corporation means the Andhra Pradesh Beverages Corporation Limited, Hyderabad;

(d) Form means the form appended to these rules;

(e) Indian Liquor includes wine and beer but does not include arrack;

(f) Licensed Premises in relation to the sale of liquor means the licensed premises as defined in the A.P. Liquor (Issue of Permit and Licence) Rules, 1995 authorised to sell liquor in sealed or capsuled bottles to individual permit holders and licensees in quantities not exceeding those specified in Annexure A of the Andhra Pradesh Liquor (Issue of Permit and Licence) Rules, 1995 at any one time or in one transaction.

(g) Sealed in relation to bottles, containers or other receptacles means closed with a capsule and wrapped by wire or closed with cork or lid and wrapped with lining around it;

(h) Verification means;

(i) examining the seal of the bottles, containers or other receptacles forming the consignment of intoxicants to verify that they are not

tampered with during transit;

 

(2) ascertaining that the number of bottles and make thereof, containers and other receptacles, tally with those shown in the permit and that the excise adhesive labels are affixed on each and every bottle of Indian made liquor and the serial numbers of the excise adhesive labels so affixed tally with those noted in the permit;

 

(3) ascertaining that the quantity of liquor transported tallied with the quantity mentioned in the permit; and

 

(4) satisfying that the excise revenue (and cost of excise adhesive labels) required to be paid under the rules have been correctly levied and paid; and the word verified shall be construed accordingly.

 

(i) Excise Adhesive Label means the label designed and approved by, printed and supplied under the supervision and control of the Commissioner of Prohibition and Excise, from time to time, for the purpose of its affixture to sealed bottles of different sizes containing Indian Liquor.

(ii) Words and expressions not specifically defined in these rules shall have the meaning assigned to them under the Andhra Pradesh Excise Act, 1968, the A.P. Prohibition Ordinance, 1994 and the rules made there under.

 

Rule 3 Fixing the number and places of Licensed Premises

 

(1) The Corporation may, with permission of the Commissioner establish such number of licenced premises as may be found necessary by it for the sale of liquor by wholesale and by retail, to permit holders and licensees. There shall be atleast one licensed premises in each

District.

 

(2) The Commissioner may, as and when he considers necessary, call upon the Corporation to open such number of additional licensed premises as may be required for supply of liquor.

 

Rule 4 Application for permission

 

(1) The Corporation shall make an application to the Commissioner for permission to establish such number of licensed premises as may be found necessary by it. The application shall be in Form FW 1.

 

(2) The application shall be affixed with a Court Fee label of the requisite value as per the provisions of Indian Stamp Act, 1899 and shall be accompanied by copies of the locational plans of the buildings in triplicate where the wholesale licensed premises are to be located.

 

(3) The building where the licensed premises is to be located shall be of pucca construction with sufficient space for storing the Indian Liquor and Foreign Liquor safely. No portion of such building shall be made of or constructed by any thatched or inflammable material.

 

Rule 5 Matters to be taken into consideration by the Commissioner

 

While granting permission to the Corporation for establishment of licensed premises, the Commissioner shall consider and satisfy himself about the suitability of the site and the building selected for establishment of the licensed premises.

 

Rule 6 Grant of permission

 

(1) The permission granted by the Commissioner shall be in Form FW2 for all the licensed premises to be established by the Corporation.

 

(2) The permission granted under sub rule (1) shall be subject to the provisions of the A.P. Prohibition Ordinance, 1994, the Andhra Pradesh Excise Act, 1968 and the rules made thereunder and the terms and conditions of the grant of permission.

 

Rule 7 Permission for change of site or buildings

 

If at any time after the grant of permission the need arises to the Corporation for shifting of the licensed premises from the permitted premises to another premises, the Commissioner may on an application made by the Corporation permit the Corporation to change from the permitted premises to another site, building or premises approved as suitable by the Commissioner for the location of the licensed premises and make necessary amendment to the permission originally granted in this regard.

Rule 8 Validity of the permission

 

The permission granted to the Corporation under Rule 6 shall be valid for a period of one excise year and thereafter, it may be renewed from each excise year to year.

Rule 9 Renewal of permission

 

The application for renewal of permission granted under Rule 6 shall be made by the Corporation in Form FW1 atleast 30 days in advance of the date of expiry of the validity thereof.

Provided that the Commissioner may admit an application made after the expiry of the said date but before the expiry of permission, if he is satisfied that the corporation has sufficient cause for not filing the application in time.

Rule 10 Permission to be valid for 2 months if no order of renewal on application is received

 

Notwithstanding anything contained in Rule 9, if an application for the renewal of the permission made within the time specified under Rule 9 has not been disposed of by the Commissioner before the date of expiry of the permission, the period of permission shall be deemed to have been further extended for a period of 2 months from the date of expiry of such permission or till the date of receipt of the orders passed by the Commissioner on the application for renewal, whichever is earlier.

 

Rule 11 Getting supplies of Indian Liquor or Foreign Liquor

 

The Corporation shall get the supplies of Indian Liquor and Foreign Liquor from such licenced manufacturer in such quantities and at such prices as it may consider necessary and appropriate.

Rule 12 Import

 

(1) Indian Liquor or Foreign Liquor shall be imported by the Corporation under an import permit issued by the authorised officer under the provisions of the Andhra Pradesh (Foreign Liquor and Indian Liquor) Rules, 1970 and in accordance with the terms and conditions subject to which such import permit is issued.

 

(2) The Corporation shall not take such imported stocks into its books or sell it to the permit holders and licensees unless the stock is verified by the Competent Prohibition and Excise Officer in accordance with the provisions of the Andhra Pradesh (Foreign Liquor and Indian Liquor) Rules, 1970.

 

(3) A notice of three clear days shall be given to the Prohibition and Excise Officer concerned about the arrival of consignment so that he may have reasonable time and opportunity to inspect the consignment before the seals or packages are opened. If the consignment is not verified within the stipulated time the Corporation can take the stocks into account and conduct the sale. The intimation of arrival of consignment shall be in the form prescribed in the Andhra Pradesh (Foreign Liquor and Indian Liquor) Rules, 1970.

 

Rule 13 Sale of Indian Liquor by the Corporation

 

(1) The Corporation shall sell Indian Liquor through its licensed premises only to the holders of permits and licences issued under the A.P. Liquor (Permit and License) Rules, 1995.

 

(2) The stocks of Indian Liquor sold to the licensees by the Corporation shall be moved from the licensed premises of the Corporation to the licenced premises of the licensees only under the cover of a Transport

Permit issued under the provisions of the Andhra Pradesh (Foreign Liquor and Indian Liquor) Rules, 1970.

Rule 14 Hours of Business

 

(1) The Corporation shall display at all its licensed premises the hours of business which shall not be less than 6 hours on any working day. No business shall be transacted in the licensed premises of the Corporation before 10.00 A.M. or after 9 00 P.M. on any working day.

 

(2) The licensed premises shall be kept open during the working hours notified by the Corporation for business or for inspection by the authorised officers on all days except holidays and such other days on which the Commissioner may order a closure. The Corporation may also on their own accord close the permitted wholesale depots during any riot or disturbance in the neighbourhood.

 

Rule 15 Sale of other intoxicants prohibited

 

No intoxicant other than the Indian Liquor and Foreign Liquor authorised for sale, shall be sold or kept in the Licensed Premises.

Rule 16 Prohibition of employment of certain persons

 

(1) The Corporation shall not employ the following persons in the licensed premises:

 

(i) Persons below twenty one years of age;

(ii) Women without the special permission of the Commissioner;

(iii) Person suffering from any infectious or contagious diseases;

(iv) Person of unsound mind;

(v) Person convicted of an offence under the provisions of the Andhra Pradesh Excise Act, 1968 (Act 17 of 1968) or the Narcotics Drugs and Psychotropic Substance Act, 1985 (Central Act 61 of 1985) within preceding three years or under the A.P. Prohibition Ordinance, 1994;

(vi) Person convicted under Sections 482 to 489 of the Indian Penal Code, 1860 (Central Act XIV of 1860).

(vii) Defaulters in payment of an amount due to the State Government under the Andhra Pradesh Excise Act, 1968 or the rules made thereunder.

Rule 17 Maintenance of Accounts

 

(i) The full and day to day accounts of Indian Liquor and Foreign Liquor received and disposed at the licensed premises shall be maintained in the Form prescribed in the Andhra Pradesh (Foreign Liquor and Indian Liquor) Rules, 1970.

 

(ii) The Brand wise account in the Form prescribed in the Andhra Pradesh (Foreign Liquor and Indian Liquor) Rules, 1970 shall also be maintained.

 

(iii) The Registers shall be got authenticated by the officer authorised before use and the pages machine numbered serially.

 

(iv) All indents, bills, invoices, permits etc., relating to purchase or sale of Indian Liquor and Foreign Liquor under these rules shall be kept filed carefully and chronologically in support of the accounts. The accounts, bills, invoices, permits and other vouchers relating to the accounts shall be preserved for a period of (5) years from the date of expiry of the permission. They shall be produced for inspection of check by their own or any officer authorised to inspect the permitted depots whenever required and copies thereof shall be handed over to such officer on a receipt being given therefor.

 

(v) The Corporation shall furnish monthly sales returns and any other statistics relating to the transactions in the licensed premises to the Prohibition and Excise Superintendent and or any other officer authorised by the Commissioner before 5th of the following month in the Form prescribed by the Commissioner.

 

(vi) The Corporation shall also submit District wise and licensed premises wise consolidated statement showing the account of Indian Liquor and foreign liquor received and disposed of in each licensed premises, to the Prohibition and Excise Superintendent of the District.

Rule 18 Corporation to be bound by the provisions of Act and Rules

 

(1) The Corporation shall be bound by all the provisions of the Andhra Pradesh Excise Act, 1968, the A.P. Prohibition Ordinance, 1994 the Andhra Pradesh (Foreign Liquor and Indian Liquor) Rules, 1970, the A.P. Liquor (Permits and License) Rules, 1995 and any other Rules relating to the procurement of Indian Liquor and Foreign Liquor and sale to the holders of permits and licences existing and issued from time to time. The Corporation shall also abide by the orders, and directions issued by the Government and Commissioner of Prohibition and Excise.

 

(2) The Corporation shall cause all persons as employed by them in the

transport, stores, sales and issue of Indian Liquor and Foreign Liquor from and to their business to comply with all such rules, orders and directions.

 

Rule 19 Inspection

 

The Assistant Commissioners and the Deputy Commissioners of Prohibition and Excise having jurisdiction over the place shall be empowered to enter into and inspect the licensed premises, check the accounts, check the stocks, test the strength of any liquor that may be kept in the licenced premises, take samples of such liquor for chemical test and analysis and exercise all such powers as may be deemed necessary to ensure that the Corporation conforms to the terms and the relevant provisions of the Andhra Pradesh Excise Act, 1968 the A.P. Prohibition Ordinance, 1994 and the rules made thereunder.

 

Rule 20 Suspension Cancellation of the permission

 

The Commissioner may without prejudice to any other proceedings that may be taken against the Corporation, by an order in writing, suspend or cancel the permission granted under Rule 6, either in its entirety or in respect of one or more of the licensed premises, if the Corporation or any person in its employment contravenes any of the provisions of the Act, the Andhra Pradesh Excise Act, 1968 the A.P. Prohibition Ordinance, 1994 or the rules made thereunder or the conditions of the permission. Before proceeding under this rule the Commissioner shall give the Corporation a notice in writing stating the grounds on which it is proposed to take action and requiring the Corporation to show cause against the proposed action within such time not exceeding 14 days, as may be, specified in the notice.

Rule 21 Corporation to act as an Agent of the Government

 

(1) Subject to provisions laid down in these rules, the Corporation shall have the exclusive privilege of carrying on the wholesale and retail trade of Indian Liquor and Foreign Liquor on behalf of the Government.

 

(2) In consideration of the grant of permission under Rule 6, the Commissioner may demand payment of a sum in the nature of Privilege fee specified in Section 23 of the Andhra Pradesh Excise Act, 1968 subject to such guidelines and procedure as the Government may prescribe in this regard.

Rule 22 Exemption from the provisions of rules

 

The Government or the Commissioner with the previous permission of the Government may exempt the Corporation from the operation of any of these rules for specific reasons to be recorded in writing.

APPENDIX FW1 FORM

 

FORM FW1

[ See Rule 4]

(Here affix two rupees Court fee label)

ORIGINAL RENEWAL

To

The Commissioner, Prohibition and Excise,

Hyderabad

Application for Permission Renewal for establishment of licensed premises for sale of liquor.

 

1. Name of the Applicant (in Block letters) : THE ANDHRA PRADESH

BEVERAGES CORPORATION

LIMITED, HYDERABAD.

2. Permanent Address :

3. Places and premises in which the applicant : (to be furnished as annexure)

proposes to carry on business (boundaries

of the premises of the depots to be

specified)

4. Whether the application is for fresh permi :

ssion or renewal

5. Any special reasons which the applicant

desires to be considered :

6. Whether the application is accompanied by

true copies of the location plans and plans

of the buildings of the wholesale depots

in triplicate :

We hereby:

(1) declare that the particulars given above are correct.

(2) undertake to abide by the conditions of the permission and the provisions of the Andhra Pradesh Excise Act, 1968, the A.P. Prohibition

Ordinance, 1994 and the Andhra Pradesh (Sale of Liquor to Holders of Permits and Licenses) Rules, 1995

Signature of the Applicant.

ANNEXURE

Sl.No. Name of theDistrict Name of theMandal Name of the town/village Location ofthe licensedpremises Boundaries North East South West (1) (2) (3) (4) (5) (6) (7) (8) (9)

APPENDIX FW2 FORM

 

FORM

 

FORM FW2

[ See Rule 6 ]

Number of permission :

Permission for establishment of a licenced premises for possession and sale of Indian Liquor, Foreign Liquor, Wine and Beer.

In exercise of the powers conferred by Rule 6 of the Andhra Pradesh (Sale of Liquor to Holder of Permits and Licenses) Rules, 1995 permission is hereby granted and issued to Andhra Pradesh Beverages Corporation Limited (hereafter referred to as the Corporation) who has been granted the privilege of supplying by Wholesale and Retail Liquor for whole of the State of Andhra Pradesh to established licenced premises as specified in the Annexure during the Excise year ( ) ending with 30th September 199......., subject to the following conditions to be observed by the Corporation:

CONDITIONS

(1) The Corporation shall be bound by the provisions of the Andhra Pradesh Excise Act, 1968, the A.P. Prohibition Ordinance, 1994 and the

rules made thereunder, the A.P. (Sale of Liquor to Holders of Permits and Licences) Rules, 1995 and also by the following conditions which are special to this licence.

(2) The privilege conferred herein extends to the possession and sale of Indian Liquor and Foreign Liquor by holders of permits and licences issued under the Andhra Pradesh Liquor (Permit and Licences) Rules, 1955 subject to the terms and conditions of the respective permits and licences. It does not authorise consumption of liquor in the licenced premises.

(3) The Corporation shall not print or publish or otherwise display or distribute any advertisement or other matter soliciting the use of or offering of any liquor in the licenced premises.

(4) The Corporation shall abide by the provisions and comply with the requirements of the rules relating to the sale and issue of liquor, the maintenance of accounts and submission of returns.

Dated this ........................ day of .................

Commissioner of

Prohibition and Excise .

 

ANDHRA PRADESH (REGULATION OF WHOLESALE TRADE AND DISTRIBUTION OF INDIAN LIQUOR, FOREIGN LIQUOR, WINE AND BEER) RULES, 1993

 

In exercise of the powers conferred under sub-section (1) of Section 4 of the Andhra Pradesh (Regulation of Wholesale Trade and Distribution and Retail Trade in Indian Liquor, Foreign Liquor, Wine and Beer) Act 1993 (Act 15 of 1993), the Governor of Andhra Pradesh hereby makes the following rules for the regulation of wholesale trade and distribution of Indian Liquor, Foreign Liquor, Wine and Beer in the State of Andhra Pradesh.

 

Rule 1 Short Title

 

These rules may be called the Andhra Pradesh (Regulation of Wholesale Trade and Distribution of Indian Liquor, Foreign Liquor, Wine and Beer) Rules, 1993.

 

Rule 2 Definitions

 

(1) In these rules, unless the context otherwise requires,_

 

(a) 'Act' means the Andhra Pradesh (Regulation of Wholesale Trade and Distribution and Retail Trade in Indian Liquor, Foreign Liquor, Wine and Beer) Act, 1993;

(b) 'Bottle' means to transfer liquor from a cask or other vessel to a bottle, jar, flask, pot or similar receptacle for the purpose of sale whether or not any process of manufacture is employed and includes rebottling;

(c) 'Corporation' means the Andhra Pradesh Beverages Corporation Limited, Hyderabad

(d) 'Depot' means the authorised premises in which the stocks of Indian Liquor and Foreign Liquor are kept for wholesale by the Corporation;

(e) 'Distillery permit' or 'Brewery Permit' means a permit issued by the Distillery Officer or Brewery Officer, as the case may be, for the release of Indian Liquor or Beer therefrom;

(f) 'Form' means the form appended to these rules;

(g) 'Indian Liquor' includes wine and beer but does not include arrack;

(h) 'Retail Licence' in relation to the sale of liquor means in sealed or capsuled bottles to individual consumers of quantities not exceeding those specified under Section 14 of the Andhra Pradesh Excise Act,

1968 at any one time or in one transaction and the word `retail' shall be construed accordingly;

(i) 'Sealed' in relation to bottles, containers or other receptacles means closed with a capsule and wrapped by wire or closed with cork or lid and wrapped with lining around it;

(j) 'Verification' means,_

(1) examining the seal of the bottles, containers or other receptacles forming the consignment of intoxicants to verify that they are not tampered with during transit;

(2) ascertaining that the number of bottles and make thereof, containers and other receptacles, tally with those shown in the permit and that the excise adhesive lables are affixed on each and every bottle of Indian made Liquor and the serial numbers of the excise adhesive labels so affixed tally with those noted in the permit;

(3) ascertaining that the quantity of liquor transported tallied with the quantity mentioned in the permit, and in the case of spirit, examining the contents with a hydrometer by drawing samples from the bottles, containers or other receptacles in order to find out that the strength of the spirit corresponds with that shown in the permit; and

(4) satisfying that the excise revenue (and cost of excise adhesive labels) required to be paid under the rules have been correctly levied and paid; and the word 'Verified' shall be construed accordingly.

 

(k) 'Excise Adhesive Label' means the label designed and approved by, printed and supplied under the supervision and control of the Commissioner of Excise, from time to time, for the purpose of its affixture to sealed bottles of different sizes containing Indian Liquor (1) manufactured within the State and (2) manufactured outside the State and imported into the State. (2) Words and expressions not specifically defined in these rules shall have the meaning assigned to them under the Andhra Pradesh Excise Act, 1968 and rules made thereunder.

Rule 3 Fixing the number and places of Wholesale depots

 

(1) The Corporation may, with the permission of the Commissioner shall establish such number of wholesale depots as may be found necessary by it for the sale by wholesale of Indian Liquor to retailers. There shall be atleast one depot in each district.

 

(2) The Commissioner may, as and when he considers necessary, call upon the Corporation to open such number of additional depots as may be required for supply by wholesale of Indian Liquor.

Rule 4 Application for permission

 

(1) The Corporation shall make an application to the Commissioner for permission to establish such number of wholesale depots as may be found necessary by it. The application shall be in Form FW-1

 

(2) The application shall be affixed with a Court Fee label of the requisite value as per the provisions of Indian Stamp Act, 1899 and shall be accompanied by copies of the Locational plans of the Buildings in Triplicate where the wholesale depots are to be located.

 

(3) The building where the wholesale depots is to be located shall be of pucca construction with sufficient space for storing the Indian Liquor and Foreign Liquor safely. No portion of such building shall be made of or constructed by any thatched or inflammable material.

 

Rule 5 Matters to be taken into consideration by the Commissioner

 

While granting permission to the Corporation for establishment of wholesale depots, the Commissioner shall consider and satisfy himself about the suitability of the site and the building selected for establishment of the wholesale depots.

 

Rule 6 Grant of permission

 

(1) Permission granted by the Commissioner shall be in Form FW-2 for all the wholesale depots to be established by the Corporation.

 

(2) The permission granted under sub-rule (1) shall be subject to the provisions of the Act, the Andhra Pradesh Excise Act, 1968 and the rules made thereunder and the terms and conditions of the grant of permission.

 

Rule 7 Permission for change of site or buildings

 

If at any time after the grant of permission the need arises to the Corporation for shifting of the wholesale depot from the permitted premises to another premises, the Commissioner may on an application made by the Corporation permit the Corporation to change from the permitted premises to another site, building or premises approved as suitable by the Commissioner for the location of the wholesale depot and make necessary amendment to the permission originally granted in this regard.

Rule 8 Validity of the permission

 

The permission granted to the Corporation under Rule 6 shall be valid for a period of one excise year and thereafter, it may be renewed from

each excise year to year.

Rule 9 Renewal of Permission

 

The application for renewal of permission granted under rule 6 shall be made by the Corporation in Form FW-1 atleast 30 days in advance of the date of expiry of the validity thereof: Provided that the Commissioner may admit an application made after the expiry of the said date but before the expiry of permission; if he is satisfied that the Corporation has sufficient cause for not filing the application in time.

 

Rule 10 Permission to be valid for 2 months if no order of renewal on application is received

 

Notwithstanding anything contained in Rule 9, if an application for the renewal of the permission made within the time specified under Rule 9 has not been disposed of by the Commissioner before the date of expiry of the permission, the period of permission shall be deemed to have been further extended for a period of 2 months from the date of expiry of such permission or till the date of receipt of the orders passed by the Commissioner on the application for renewal, whichever is earlier.

 

Rule 11 Getting Supplies of Indian Liquor or Foreign Liquor

 

The Corporation shall get the supplies of Indian Liquor and Foreign Liquor from such manufacturers within or outside the State, in such quantities and at such prices as it may consider necessary and appropriate.

Rule 11A Fixation of Recommended Maximum Retail Price

 

The Corporation shall arrive at the recommended maximum retail price in respect of each variety of liquor by loading its sale price by such percentage as fixed by the Government, and indicate the same to the manufacturers for printing on the labels.

 

Rule 12 Import

 

(1) Indian Liquor or Foreign Liquor shall be imported by the Corporation under an import permit issued by the authorised officer under the provisions of the Andhra Pradesh Foreign Liquor and Indian Liquor Rules, 1970 and in accordance with the terms and conditions subject to which such import permit is issued.

 

(2) The Corporation shall not take such imported stocks into its books or sell it to the licensees unless the stock is verified by the Competent Excise Officer in accordance with the provisions of the Andhra Pradesh Foreign Liquor and Indian Liquor Rules, 1970.

 

(3) A notice of three clear days shall be given to the Excise Officer concerned about the arrival of consignment so that he may have reasonable time and opportunity to inspect the consignment before the seals or packages are opened. If the consignment is not verified within stipulated time the licensee can take the stocks into account and conduct the sale. The intimation of arrival of consignment shall be in the form prescribed in the Andhra Pradesh Foreign Liquor and Indian Liquor Rules, 1970.

 

Rule 13 Transport

 

The transport of Indian Liquor by the Corporation from the premises of a licensed manufacturer situated within the State to the permitted wholesale depots of the Corporation shall be under the cover of a Transport permit issued by the concerned Distillery Officer or Brewery Officer, as the case may be, in accordance with the Andhra Pradesh Distillery Rules, 1970 and the Andhra Pradesh Brewery Rules, 1970 and subject to the terms and conditions of such Transport permit.

Rule 14 Sale of Indian Liquor by the Corporation

 

(1) The Corporation shall sells Indian Liquor through its permitted wholesale depots only to the holders of retail licences issued under the Andhra Pradesh Foreign Liquor and Indian Liquor Rules, 1970 and the Andhra Pradesh Excise (Lease of Right to Sell Indian Liquor and Foreign Liquor in Retail) Rules, 1993.

 

(2) The stocks of Indian Liquor sold to the retail licensees by the Corporation shall be moved from the wholesale depots of the Corporation to the licensed premises of their retailers only under the cover of a Transport permit issued under the provisions of the Andhra Pradesh Foreign Liquor and Indian Liquor Rules, 1970

Rule 15 Hours of Business

 

(1) The Corporation shall display at all its permitted wholesale depots the hours of business which shall not be less than 6 hours on any working day. No business shall be transacted in the permitted wholesale depots of the Corporation before 10-00 a.m. or after 9-00 p.m. on any working day.

 

(2) The permitted wholesale depots shall be kept open during the working hours notified by the Corporation for business or for inspection by the authorised officers on all days, except holidays and such other days on which the Commissioner may order a closure. The Corporation may also on their own accord close the permitted wholesale depots during any riot or disturbance in the neighbourhood.

Rule 16 Sale of other Intoxicants prohibited

 

No intoxicant other than the Indian Liquor and Foreign Liquor authorised for sale, shall be sold or kept in the Wholesale Depot.

Rule 17 Prohibition of employment of certain persons

 

(1) The Corporation shall not employ the following persons in the wholesale Depots :

 

(i) Persons below twenty one years of age;

(ii) Women without the special permission of the Commissioner;

(iii) Person suffering from any infectious or contagious diseases;

(iv) Person of unsound mind;

(v) Person convicted of an offence under the provisions of the Andhra Pradesh Excise Act, 1968 (Act 17 of 1968) or the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act 61 of 1985) within preceding three years;

(vi) Person convicted under Section 482 to 489 of the Indian Penal Code, 1860 (Central Act XIV of 1860);

(vii) Defaulters in payment of an amount due to the State Government

under the Andhra Pradesh Excise Act, 1968 or the rules made thereunder.

 

(2) The Corporation shall keep the permitted premises and all appurtenances thereto in a clean and decent condition.

Rule 18 Maintenance of Accounts

 

(i) The full and day to day accounts of Indian Liquor and Foreign Liquor received and disposed at the wholesale depot shall be maintained in the form prescribed in the Andhra Pradesh Foreign Liquor and Indian Liquor Rules, 1970.

 

(ii) The Brand-wise Account in the form prescribed in the Andhra Pradesh Foreign Liquor and Indian Liquor Rules, 1970 shall also be maintained.

 

(iii) The Registers shall be got authenticated by the officer authorised before use and the pages machine numbered serially.

 

(iv) All indents, bills, invoices, permits etc., relating to purchase or sale of Indian Liquor and Foreign Liquor under these rules shall be kept filed carefully and chronologically in support of the accounts. The accounts, bills, invoices, permits and other vouchers relating to the accounts shall be preserved for a period of (5) years from the date of expiry of the permission. They shall be produced for inspection or check by their own or any officer authorised to inspect the permitted depots whenever required and copies thereof shall be handed over to such officer on a receipt being given therefor.

 

(v) The Corporation shall furnish monthly sales returns and any other statistics relating to the transactions in the wholesale depot to the Excise Superintendent and/or any other officer authorised by the Commissioner before 5th of the following month in the form prescribed by the Commissioner.

 

(vi) The Corporation shall also submit District wise and Depot wise consolidated statement showing the account of Indian Liquor and Foreign Liquor received and disposed of in each Wholesale Depot.

 

Rule 19 Corporation shall be bound by the provisions of Act and Rules

 

(1) The Corporation shall be bound by all the provisions of the Andhra Pradesh Excise Act, 1968, the Andhra Pradesh Foreign Liquor and Indian Liquor Rules, 1970, and any other Rules relating to the procurement of Indian Liquor and Foreign Liquor and sale to the retailers existing and issued from time to time. The Corporation shall also abide by the orders, and directions issued by the Government and Commissioner of Excise.

 

(2) The Corporation shall cause all persons employed by them in the transport, storage, sale and issue of Indian Liquor and Foreign Liquor from and to their business to comply with all such rules, orders and directions.

 

Rule 20 Inspection

 

The Assistant Commissioners (Enforcement) and the Deputy Commissioner of Excise having jurisdiction over the place shall be empowered to enter into and inspect the permitted wholesale depots, check the accounts, check stocks, test the strength of any liquor that

may be kept in the depot, take samples of such liquor for chemical test and analysis and exercise all such powers as may be deemed necessary to ensure that the Corporation conforms to the terms and the relevant provisions of the Andhra Pradesh Excise Act, 1968 and the rules made thereunder.

Rule 21 Suspension/Cancellation of the permission

 

The Commissioner may without prejudice to any other proceedings that may be taken against the Corporation, by an order in writing suspend or cancel the permission granted under Rule 6, either in its entirety or in respect of one or more of the permitted wholesale depots, if the Corporation or any person in its employment contravenes any of the provisions of the Act, the Andhra Pradesh Excise Act, 1968 or the rules made thereunder or the conditions of the permission. Before proceeding under this rule the Commissioner shall give the Corporation a notice in writing stating the grounds on which it is proposed to take action and requiring the Corporation to show cause against the proposed action within such time not exceeding 14 days, as may be, specified in the notice.

 

Rule 22 Corporation to act as an agent of the Government

 

(1) Subject to provision laid down in these rules, the Corporation shall have the exclusive privilege of import, export and carrying on the wholesale trade and distribution of Indian Liquor, Foreign Liquor on behalf of the Government.

 

(2) In consideration of the grant of permission under Rule 6, the Commissioner may demand payment of a sum in the nature of privilege fee specified in Section 23 of the Andhra Pradesh Excise Act, 1968 subject to such guidelines and procedure as the Government may prescribe in this regard.

Rule 23 Exemption from the provisions of Rules

 

The Government or the Commissioner with the previous permission of the Government may exempt the Corporation from the operation of any of these rules for specific reasons to be recorded in writing.

APPENDIX FW1 FORM

 

FORM

 

FORM_FW-1

[See Rule 4]

(Here affix two rupees

Court Fee label)

ORIGINAL/RENEWAL

To

Commissioner of Excise,

Hyderabad.

Application for Permission/Renewal for establishment of Depot for wholesale of Indian Liquor

The Andhra Pradesh Beverages

Corporation Limited, Hyderabad

(1) Name of the Applicant (in Block letters) :

(2) Permanent Address :

(3) Places and premises in which the applicant (To be furnished as Annexure)

proposes to carry on business (boundaries of

the premises of the depots to be specified) :

(4) Whether the application is for fresh permission

or renewal :

(5) Any special reasons which the applicant desires

to be considered :

(6) Whether the application is accompanied by true

copies of the location plans and plans of the

buildings of the wholesale depots in triplicate :

We hereby :

(1) declare that the particulars given above are

correct

(2) undertake to abide by the conditions of the

permission and the provisions of the Andhra

Pradesh Excise Act, 1968 and rules made

thereunder, the Andhra Pradesh (Regulation of

Wholesale Trade and Distribution and Retail

Trade in Indian Liquor Foreign Liquor, Wine and

Beer) Act, 1993 and the rules made thereunder.

Signature of the Applicant.

ANNEXURE

Sl.No. Name ofthe Dist. Name of theMandal Name of thetown/village Location ofthe Depot Boundaries North East South West (1) (2) (3) (4) (5) (6) (7) (8) (9)

APPENDIX FW2 FORM

 

FORM

 

FORM _FW-2

[See Rule 6]

Number of permission :

Permission for establishment of a wholesale depot for possession and sale of Indian Liquor, Foreign Liquor, Wine and Beer.

In exercise of the powers conferred by Rule 6 of the Andhra Pradesh (Regulation of Wholesale Trade and Distribution of Indian Liquor, Foreign Liquor, Wine and Beer) Rules, 1993 permission is hereby granted and issued to Andhra Pradesh Beverages Corporation Limited (hereafter referred to as the Corporation) who has been granted the privilege of supplying by wholesale Liquor for the whole of the State of Andhra Pradesh to establish wholesale depots as specified in the Annexure during the Excise Year ending with 30th September, 199......., subject to the following conditions to be observed by the Corporation.

CONDITIONS

(1) The Corporation shall be bound by the provisions of the Andhra Pradesh Act, 1968, the Andhra Pradesh (Regulation of Wholesale Trade and Distribution and Retail Trade in Indian Liquor, Foreign Liquor, Wine

and Beer) Act, 1993 and the rules made thereunder and also by the following conditions which are special to this licence.

(2) The privilege conferred herein extends to the possession and sale of Indian Liquor and Foreign Liquor to holders of licences issued under the Andhra Pradesh Excise (Lease of Right to Sell Indian Liquor and Foreign Liquor in Retail) Rules, 1993 and Andhra Pradesh Foreign Liquor and Indian Liquor Rules, 1970 subject to the terms and conditions of the respective licences. It does not cover possession and sale of sacramental wines and does not authorise consumption of liquor in the licensed premises.

(3) The Corporation shall not print or publish or otherwise display or distribute any advertisement or other matter soliciting the use of or offering of any liquor in the licensed premises.

(4) The Corporation shall obtain supplies of liquor from any manufactory in the State or by import from any other State in India an import permit in accordance with the terms and conditions subject to which such import permit is issued. The import or transport from the source of supply to licensed premises shall be in accordance with the provisions of the rules.

(5) The Corporation shall abide by the provisions and comply with the requirements of the rules relating to the sale or issue of liquor, the maintenance of accounts and submission of returns.

Dated this......................day of................Act Type : Andhra Pradesh State Acts