PUNJAB BREWERY RULES, 1956

Pre. Published vide Punjab Notification No. GSR 249/PA-1/14/Sections 21, 59 and 62 dated 21th October 1962.

R.1 Short title.

These Rules may be called the Punjab Brewery Rules, 1956.

R.2 Definitions.

In these rules, unless a different intention appears from the subject or context :

"Beer" means any liquor prepared from malt or grain, with or without the addition of sugar and hops and includes ale, porter and stout.

"Brewery" means a building where beer is manufactured, and includes every place therein where beer is stored or hence it is issued.

"Bushel", when used for measuring liquids, means a multiple of 36.40 litres and when used for weighing fruits, shall be construed as a reference to equivalent kilograms according to practice in vogue in Breweries and when used with reference to weighing light or heavy barely, it shall be construed to mean its metric equivalent viz. 21.7 to 33.6 kilograms or 24.5 to 26.3 kilograms according to the practice in vogue in the Breweries.

["Collector" means the Joint Excise and Taxation Commissioner or the Deputy Excise and Taxation Commission

R.3 .

Any person desirous of obtaining a licence for a brewery shall apply to the [Excise Commissioner]. The application shall be accompanied by a full description (hereinafter called the entry) of his [proposed] premises and utensils plant in which the purpose of, and the distinguishing mark on, each room place and vessel shall be clearly specified [-]

R.4 .

The [Excise Commissioner] has full power to grant or refuse application for licences with reference to the requirement of State.

R.5 .

No licence shall be granted unless and until the applicant therefore has-

(a) deposited a sum of [eighty lakh rupees] in cash as license fee; and

(aa) deposited as security in cash or in National Savings Certificates for the fulfilment of all the conditions of his licence a sum of be fixed by the [Excise Commissioner] which shall not be less than Rs. 20,000/- or more then Rs. 50,000/- in amount [or given a bank guarantee of Scheduled Bank as security for an amount equivalent to the aforesaid sum for the aforesaid purpose]

(b) satisfied the [Excise Commissioner] that the proposed buildings, plant and apparatus to be used in connection with the business of brewing, storage issue of beer are built in accordance with the prescribed regulations and due precaution has been taken against fire.

R.6 .

No licence shall be granted unless and until the applicant therefore has-

(a) deposited a sum of [eighty lakh rupees] in cash as license fee; and

R.7 .

The licence shall be in Form B. 1 and is not transferable except with the sanction of the [Excise Commissioner].

R.8 .

[(1) A license granted under these rules will be valid for a period of one year from the date of issue unless it is cancelled, determined or surrendered earlier and shall be renewable annually [by the excise Commissioner] on application on the payment of [sixty lac rupees].]

Provided that such a license may be cancelled for breach of the terms thereof or may be determined by the [Financial Commissioner] after giving the license six months' notice.

(2) An application for the renewal of the license shall be made [by the licensee to the Excise Commissioner so as to reach him] at least 60 days before the expiry of the old license :

Provided that if such application is not made within such period, the [Excise Commissioner with prior approval of Financial Commissioner] may renew the license on payment of the fee chargeable for a new license.

R.9 .

Rule 9 deleted for Punjab vide Ist Amendment Rules, 1967.]

R.10 .

The licensee[shall] not hypothecate in whole or any part of the licensed premises without the previous written sanction on the [Excise Commissioner].

R.11 .

The licensee shall maintain a list of all entries referred to in rule 3 above and he shall not make any addition either to buildings or to plant, without the previous consent in writing of the [Excise Commissioner]. On the completion of any addition, the existing entry is Form B-2 shall be withdrawn and a new entry made, provided that the previous sanction of the [Excise Commissioner] shall not be required in the case of simple repairs to, or renewals of, existing buildings or plant.

R.12 .

R.13 .

The licensee shall agree to the posting of an excise establishment to his brewery. This establishment shall consist of as many inspectors and peons as the [Excise Commissioner] may deem sufficient. This staff shall be subject to the inspection, and under the orders and control of the Collector.

R.14 .

The licensee shall provide within the brewery enclosure and office for the inspector, as well as quarters, to be approved by the [Excise Commissioner], for the inspector and the peons who will be required to remain within the brewery enclosure on night duty.

R.15 .

The licensee shall if required by the[Excise Commissioner] provided residential quarters for the Government excise establishment posted to the brewery.

R.16 .

The licensee shall if required by the[Excise Commissioner] provided residential quarters for the Government excise establishment posted to the brewery.

R.17 .

The inspector shall maintain a general register in Form B. 12.

R.18 .

The licensee, unless he personally acts as manager shall be bound to appoint a competent manager as his agent.

R.19 .

The licensee must provide and maintain sufficient and just scales and other necessary and reasonable appliances to enable the inspector and other officers to take account of or check by weight, guage or measure all materials and liquids produced in brewing and provide sufficient lights, ladders and other conveniences to enable the Excise Staff to perform their duties.

R.20 .

The weights, scales, appliances, etc., mentioned in rule 19 shall be provided on the requestion of the inspector subject to an appeal to the Collector whose decision shall be final.

R.21 .

The Inspector will be provided by the [Excise Commissioner] with proper gauging rods and a standard saccharometer and thermometer entries whereof shall be made in register B. 12. If the licensee questions their correctness or the results obtained by the officer, he must make a written protests to the inspector immediately. This will be forwarded, with his remarks by the Inspector to the Collector who after due enquiry will report the matter to the [Excise Commissioner].

R.22 .

The licensee must cause to be legibly painted with oil colour and keep so painted, on some conspicuous part of every mashtum, underback, copper heating, tank, cooler, fermenting vessel, and settling back intended to be used by him in his business and on the outside of the door of every room and place wherein and part of his business is to be carried on, the name of the vessel room or place according to the purpose for which it is intended.

R.23 .

When more than one vessel, room or place is used for the same purpose, all such vessels, rooms or place must be marked by progressive numbers.

R.24 .

All mashtums, underbacks coolers, fermenting vessels and settling backs shall be so placed nd fixed as to admit of the contents being accurately ascertained by gauge or measure and shall not be altered in shape, position or capacity without two days' notice in writing to the inspector.

R.25 .

No vessel which has been altered in shape, position or capacity shall again he taken into use unless it has been regauged by the Inspector and new tables constructed by him if necessary.

R.26 .

All mashtums and fermenting vessels shall be gauged jointly by the Inspector, and the licensee, and tables prepared by the Inspector in Form B-4 showing the total capacity of each vessel, in bulk litres (or in the case of mashtums in imperial bushels) and the capacity of each 2.54 milimeters in depth.

R.27 .

The tables prepared under the preceding rule shall, before being taken into use, be certified by the licensee or his accredited agent as correct.

R.28 .

The Collector shall also certify to the correctness of the tables, and as opportunity affords, check the data on which they are founded.

R.29 .

The licensee shall keep a book in Form B-5 and shall observe the following rules in relation to it and to the entire to be made therein-

(1) He shall keep the book in some part of his license premises ready at all times, for the inspection of the Inspector and other officers, and shall permit any Excise Officer who is authorised to inspect the brewery at any time, to inspect the same and make extract therefrom.

(2) He shall enter separately in the book the quantity of malt, corn, sugar, hops and hop substitutes which he intends to use in his next brewing, and also the day and hour when such next brewing is intended to take place.

(3) He shall make such entry so far as respects the day and hour of brewing, twenty-four hours at the least before he shall begin to mash any malt or corn or dissolve any sugar, and so far as respects the quantity of malt, corn, sugar, hops and hop substitutes two hours at the

R.31 .

The licensee shall not mix the produce of one brewing with that of another except in his store vats or casks, unless he shall have given previous notice, in writing, to the Inspector, and he shall specify the quantity and gravity of the worts when mixed.

R.32 .

All grains in a mashtum must be kept untouched for a space of one hour after time entered in the book, as the time for the worts to be drawn off, unless the Inspector has attended and taken account of such grains.

R.33 .

All worts shall be removed successively and in the customary order of brewing to the underback, coopers, cooler and fermenting vessels, shall not be removed from the last named vessels until an account has been taken by the Inspector or until after the expiration of twenty-four hours from the time at which the worts are collected in these vessels.

R.34 .

When worts shall have commenced running into a fermenting vessels, the whole of the produce of the brewing shall be collected within eighteen hours.

R.36 .

If the license objects to the amount of the duty demanded from him, may move the Collector to revise the charge. But no revision will be undertaken unless and until all sums demanded under preceding rule have been paid. In the event of the original charge being found incorrect any excess levied from the licensee will be refunded to him and if the amount claimed from him is found to be less than that actually due, he will be called upon to pay the difference at once into a Government treasury.

R.37 .

(1) When beer upon duty has been charged or paid is destroyed, while on the entered premises of the licensee, by accident or fire or other unavoidable cause or when such beer, whether it has left the entered premises of the licensee or not becomes unfit for consumption the [Excise Commissioner], may on receipt of a formal claim from the licensee, through the Collector order a remission or refund of duty.

(2) If the beer has been returned, the fact must be reported to the Excise Staff as soon as the invoice has been received and the consignment checked on receipt and a claim prepared and attested by the Excise Inspector atonce.

(3) If the beer has been destroyed by accident or fire or other unavoidable cause or has been spoilt, while on the entered premises, as soon as the fact comes to the notice of the brewer, he must report, it and if the Excise Staff is satisfied a claim will be prepared and attested by the Excise Inspec

R.38 .

Licensees shall be bound by all additional rules for the control breweries which may hereafter be prescribed under the existing law, or under any law which may hearafter be enacted and by all special orders issued by the [Excise Commissioner] with regard to individual breweries; and shall cause all persons employed by them in their breweries to obey all such rules.

R.39 .

The license to work a brewery shall carry with it the right to bottle on the premises of the brewery, the beer made therein.

R.40 .

Beer shall be bottled of any colour or description having a capacity of 650 millilitres and 325 millilitres, with necks suitable for sealing with crown corks [or in two piece aluminum cans of such capacity as may be approved by Excise Commissioner] :

Provided that the use of bottles of existing capacities of 21 to 27 ounces many continue subject to the condition that there equivalent capacity in metric units in indicated on the tables affixed to them;

[Provided further that the licensee shall label each bottle of beer after bottling, with a label depicting the words 'date of manufacturing' alongwith 'the date of expiry' and printing the words 'Best before six months.]

R.41 .

In all matters not specified in these rules, the Punjab Distillery Rules shall apply mutatis mutandis].

Form.B1 .

License to work a brewery and to bottle beer made therein

License to work a brewery is hereby granted to ______________ at ___________ in the District of _____________ subject to the rules prescribed in the Punjab Brewery Rules (a copy of which is herewith attached) and to such other rules for the security of the revenue as the Financial Commissioner may issue from time to time, the infraction of any of which rules with intent to defraud the revenue, will involve forfeiture.

Dated ________

Collector

Form.B2 .

Brewer's Entry

I/We licenced brewer, do hereby withdrew all former entries and do now make entry of the following rooms, places and vessels in my/our brewery situate at____________ in the district of_____________

Name__________________

Residence_____________

Date__________________

______________________

Here enter full )

particulars of )

each room and )

____________place

____________________

Name_______________

Date________________