Bihar Spiced Country Spirit (Manufacture and Sale) Rules, 1976

{
    "id": 15487,
    "slug": "bihar-spiced-country-spirit-manufacture-and-sale-rules-1976",
    "title": "Bihar Spiced Country Spirit (Manufacture and Sale) Rules, 1976",
    "short_title": "Bihar Spiced Country Spirit (Manufacture and Sale) Rules, 1976",
    "act_number": "Published vide Notification No. 23-14/76-1 dated 1",
    "act_year": 1976,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Bihar Spiced Country Spirit (Manufacture and Sale) Rules, 1976",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definition.",
            "chapter": null,
            "content": "(b) \"Licensing Authority\" means the Collector of the district or any other authority empowered by the State Government to grant a licence under Section 13 and 20.\n(c) \"Manufactory\" means the licenced premises where the manufacture of Spiced Country Spirit is carried on.\n(d) \"Section\" means a Section of the Act.\n[(e) \"Rectified spirit grade I\" means spirit conforming to I.S.I specification no. I.S.1.323:1959 for rectified spirit grade I for alcoholic drinks.]\n[(f) Rectified spirit grade I means the neutral spirit used for the purpose of alcoholic drinks bearing I.S.I. specification no. 323-1959.]\n(g) \"Special Country Spirit\" means the alcoholic liquor which has been defined as spiced country spirit and declared to be deemed as \"Country Liquor\" in Government Notification No. 470-F as subsequently amended and shall include for the purpose of Rule 8(v) of these Rules [silent spirit or, rectified spirit grade I ] procured for the manufacture of spiced country spirit.\n(h) \"The Act\" means the Bihar [******] Excise Act, 1915.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Manufactory premise.",
            "chapter": null,
            "content": "[4. Licences.\n(b) Licences for the retail sale of spiced country spirit shall be in Form 26A and settled by auction cum tender.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "5",
            "title": "5. Duration of licences.",
            "chapter": null,
            "content": "[6. Licences Fee.\n(b) The fee for a licence in Form 26A for the retail sale of spiced country spirit shall be fixed by auction-cum-tender subject to a reserved fee or amount sanctioned by the Excise Commissioner:\n[7. Manufacture.\n(iv) The licensee shall send through the Excise Officer-ln-Charge, one bottle each of 600 ml. of spirit and water used in the manufacture of spiced country spirit, to the Chemical Examiner for Excise, Bihar, for analysis, twice every year in January and July. One bottle of 600 ml, of the finished product from each batch shall also be submitted through the Excise Officer-in-Charge for similar analysis. A fee of Rs. 16 shall be payable by the licensee for analysis of each sample. No finished product shall be issued for sale until the receipt of the Chemical Examiner's Report.\n(v) The silent spirit or rectified spirit grade I intended for use in the manufacture of spiced country spirit shall be conveyed to the manufactory on pre-payment of duty prescribed under Section 27.\n(vi) The licensee shall maintain correct daily accounts of all silent spirit or rectified spirit grade I received in the manufactory and the spiced country spirit manufactured therefrom in the prescribed registers. These accounts shall remain in the custody of the Excise Officer-in-Charge who shall check them at the end of each day's work:\n(vii) The strength of spiced country spirit manufactured shall be such as may be prescribed by the Board from time to time.\n(viii) Only bottles/sachets of such specification and sizes as have been specified in Schedule III annexed to these rules shall be used for sacheting/bottling of spiced country spirit. Bottles used for such purpose shall be washed first with a solution of potassium permanganate or hydrochloric acid and then with pure water. They shall finally be rinsed with a quantity of the liquor to be filled.\n[(x)(1) The labels shall be of such material and colour and contain such particulars as have been specified in Schedule III annexed to these rules. All such labels must before being used, must be submitted to the Excise Commissioner for his approval and its registration and must not be used without any such approval and registration. The Excise Commissioner may reject or withdraw any label from use whenever he considers that such labels does not conform to the rules or are in any way so coloured, draw or worded as to mislead the public regarding the nature of the liquid contained in the bottle.]\n[(x)(2) The bottles containing spiced Country Liquor shall bear the specified holographic stickers, pasted on them, and supplied on payment of cost by the manufacturer to the authorised printer(s) through the Excise Commissioner.\"]\n(xi) The sachetted/bottled liquor shall be forthwith removed to the store room. A distinctive serial number to be known as the batch number shall be assigned to each operation of manufacture and sacheting/bottling and the number shall be noted on the label on sachets.\n(xii) After each bottling/sacheting operation the premises shall be cleaned to the satisfaction of the Excise Officer-ln-Charge.\n(xiii) No liquor shall be removed from the manufactory except in sachetted/bottled and packed condition and under a pass granted by the Excise Officer-in-Charge.\n(xv) When any operation of manufacture or sacheting/bottling is to be carried out by a licensee, he must notify to the Collector (whether a whole time Excise Officer be deputed for the purpose), the days and hours during which such operation will be carried on and it will be the duty of the collector to ensure that they are conducted in accordance with the conditions of the licence.\n(xvi) The Excise Commissioner shall decide as to whether a whole-time or a part-time Excise staff is necessary for the proper supervision of the operations in a manufactory.\n(xvii) The licensee shall provide suitable rent-fee quarters for the Excise staff in close proximity to the manufactory or, in lieu thereof, pay such house rent allowance as may be fixed by the Excise Commissioner.\n(xviii) The licensee shall be required to execute a bond in Form 159, pledging all plants employed in the manufacture of spiced country spirit in the manufactory, and when the manufactory premises belong to him, such manufactory buildings also, to such amount as shall be determined by the board as security for the performance of his contract and the payment of all sums due to Government. Such bonds are chargeable with the stamp duty prescribed in Article 15, Schedule I of the Indian Stamp Act, 1899.\n[8. Wholesale supply.\n(ii) for the wholesale supply of spiced country spirit to retail vendors, the licensee shall be required to open warehouses at the places mentioned in his licence for the storage of the duty paid or non-duty paid liquor as the case may be. The bonded warehouses shall remain under separate locks and keys to the licensee and the Excise Officer-in-Charge.]\n(iii) [As security for the due fulfilment of the terms and conditions of the licence granted, the licensee shall deposit Rs. 1,00,000 (Rupees One Lac) with the Commissioner of Excise or the Licensing Authority, in respect of each bonded warehouse, either in Government promissory notes or in such form as he may approve.]\n(iv) The areas of wholesale supply of spiced country spirit are liable to re-allotment within the period of the currency of the licence in case of failure of prompt supply of spiced country spirit by the licensee, or for any reason whatsoever.\n[(v) The spiced country spirit kept at the said bonded/non-bonded warehouses for sale under this licence shall be subject to periodical analysis by, or under the orders of the Collector or the Excise Commissioner, and the licensee shall be bound to take steps to remedy any defects in the quality thereof which the Excise Commissioner may consider material on which his decision in writing shall be conclusive.\n(vi) Sales of spiced country liquor, under the licence in Form 27B shall from time to time be made only to persons (hereinafter called Licensed Vendors) producing passes in the prescribed form authorising the sale of spiced country spirit to them:\n(vii) The working days of a bonded/non-bonded warehouse shall be prescribed by the Collector of the district in consideration of the needs of retail vendors. The warehouse must remain open for eight hours on such days and issues of spiced country spirit shall be given in the order in which the retail licensees produce the passes and Treasury challans or money order receipts showing payments of duty, if the supply is made from a bonded warehouse mentioned in proviso to rule 8(vi) above. Issue of spiced country spirit shall be given only in duly labelled and sealed bottles/sachets as received from manufactory.]\n(viii) Failure to supply spiced country spirit as specified in Rule 8(vi) supra shall entail penalty at the discretion of the Commissioner of Excise. The penalty may extend to the amount of the duty on the spirit demanded by the licensed vendors but not supplied together with compensation for any loss that may fall on Government in consequence of his failure to supply spirit.\n(ix) The licensee shall supply spiced country spirit on demand by the Collector of the district or the Commissioner of Excise to the warehouse belonging to other spirit contractors within the State at the cost of the licensee to whom such spirit will be supplied.\n(x) Such minimum stock of spiced country spirit as may from time to time be fixed by the Excise Commissioner and notified by him in writing to the licensee, shall be maintained at each bonded warehouse at which the sale of spirit under the licence is for the time being permitted. If and whenever the stock shall fall below this prescribed minimum the licensee shall forthwith make up the same to the prescribed minimum and in default of his so doing within fifteen days after the receipt by him of notice from the Collector of the district or the Officer-in-Charge of the warehouse requiring him so to do, the Collector may procure the spiced country spirit required so to make up the same from any source he may think fit. The licensee shall be liable to pay the Collector on demand any excess of the cost of any spirit so procured including the cost of transit over the price realised by the sale thereof.\n[(xi) The price to be charged for spiced country spirit sold under a licence in Form 27B according to the description of such spiced country spirit as set forth in the Schedule annexed thereto shall be, in the case of sales at bonded warehouse specified in the said Schedule, the price set opposite to description of spiced-country spirit in such Schedule. In the case of sales from any bonded warehouse or ware-houses to be hereafter sanctioned as provided in the condition 2 hereof, or any spiced country spirit made from any material specially permitted by order of the Excise Commissioner as in Rule 7(i), the prices shall be such as shall be fixed by the Excise Commissioner on granting such sanction or specified in such permission as the case may be, (in the event of objection on the part of licensee to the prices so fixed) by the Board of Revenue.\n(xii) The price of all spiced country spirit sold under a licence in Form 27B shall be received by the licensee or his authorised agent or clerk on or before the issue or the purchase of such spirit form a bonded warehouse.]\n(xiii) On receipt of any order in writing from the Commissioner of Excise requiring him to remove any defect in the manufactory or bonded warehouse building or in the arrangements for storage, compounding, reduction, issue of spiced country spirit, water supply etc, the licensee shall attend to it at once and must remove the defect within the date specified in the order and on his failure to do so he shall be liable to such fine or penalty as the Commissioner of Excise may order and also to such cost as may be incurred for the removal of such defect.\n(xiv) The licensee shall be bound by all general or special orders which may be issued by the Commissioner of Excise from time to time.\n(xv) The licensee shall not hold any interest in the retail vend of spiced country spirit.\n(xvi) Alteration in the rates of duty imposed under Section 27 of the Bihar and Orissa Excise Act, 1915 shall not, in any way, affect the conditions of this licence.\n[(xvii) The licensee shall maintain correct accounts of all transactions in the warehouse. These accounts shall remain in the custody of the Excise Officer-in-Charge, who shall check them at the end of the day. The licensee shall be liable to pay duty at the rate prescribed for storage of spiced country spirit in paragraph IX A of Notification No. 470-F, dated the 15th January, 1919 on all shortages of spiced country spirit not accounted for to the full satisfaction of the Commissioner of Excise:\n[9. Retail Sale.\n(ii) All spiced country spirit to be sold under cover of the licence in Form 26A shall be procured from the bonded/non-bonded warehouse of the area of exclusive/ special privilege or zone of supply, as the case may be, in which the vend premises are located:\n(iii) A retail vendor desiring to obtain a supply of spiced country liquor from a warehouse shall produce the transport pass granted by the Excise Authority and challan showing the payment of the duty leviable thereon, before the Officer-in-Charge of the warehouse:\n(iv) The retail sale of spiced country spirit shall be subject to all provisions of the Act, the rules framed and orders and directions issued thereunder so far as these are applicable and also subject to the terms and conditions of licence in Form no. 26A and the general conditions applicable to Excise vend licensee.\nNotifications\nNotifications\n[No. 3/. l0 799-873(3).\nl0\nMaximum retail price 600 ml. Bottle (inclusive\n of sales tax)\nMaximum retail price for 300 ml.\n Bottle (inclusive of sales tax)\nMaximum retail price for 200 ml.\n Sachet (inclusive of sales tax)\n1\n2\n3\nRs. 42.40\n(Rs. Forty two and paise forty)\nRs 22.90\n(Rs. Twenty two and paise ninety)\nRs. 13.40\n(Rs. Thirteen and paise forty)\nSchedule I\n[(a) Silent spirit conforming to ISI specification no. IS: 323/1959 for neutral spirit for alcoholic drinks.\n(b) Water,. purified by distillation or demineralisation or any other process and conforming to ISI specification no. IS: 1070-1960 for water, distilled quality.\n(c) Colouring agents as permitted by the rules framed under the Prevention of Food Adulteration Act, 1954 as amended.\n(d) (i) Flavouring essences of orange, malta, plantain, keora, cardamom and rose which are certified by the Chemical Examiner as suitable for the compounding of spiced country spirit and permissible under the rules mentioned in (c) above and having ISI 'AG' certifications.\n(ii) Any other flavouring as may be approved by the Excise Commissioner.]\nSchedule II\n1.\nAppearance\nClear and free from suspended matter\n2.\nAlcoholic strength\n35.0 U.P. or 65.0 proof\n3.\nAcid (Volatile) Maximum\n50gm/100 Litres of alcohol\n4.\nAldehydes Maximum\n45gm/100 Litres of alcohol\n5.\nFusal oil maximum\n200gm/100 Litres of alcohol\n6.\nTotal solid Maximum\n0.8 percent wt./vol.\n7.\nRanjak\nmode of caramel sugar\n8.\nThese amendments shall come into force w.e.f. 1.7.91.]\nSchedule III\n600ml\n360ml\nfcgkj mRikn\ne|iku LokLF; ds fy, gkfudkjd gS\nL.D.P.E. Films\nfcgkj mRikn\ne|iku LokLF; ds fy, gkfudkjd gS",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        }
    ],
    "metadata": {
        "Act ID": "bh232",
        "Act Number": "Published vide Notification No. 23-14/76-1 dated 19th August, 1976",
        "Enactment Date": "",
        "Act Year": "1976",
        "Short Title": "Bihar Spiced Country Spirit (Manufacture and Sale) Rules, 1976",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}