THE
Re-published vide Punjab Notification No. GSR 249/PA-J/14/Ss 21,59 and 62 dated 21th October 1962.
1. Short title. These Rules may be called the Punjab Brewery Rules, 1956.
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 Commissione incharge of the distilleries or the Deputy Excise and Taxation Commissioner incharge of the Division.
"Cooler" means any vessel into which worts are passed to be cooled and includes a refrigerator.
"Cooper" means any vessel in which lither worts or water is boiled or heated in the course of brewing.
“Fermenting vessel" means any vessel in which worts are fennented by the action of yeast.
"Gravity" means the proportion which the wright of a liquid bears to that of an equal bulk of distilled water the gravityof distilled water at 15.5C ( 63 F) being taken to be 100.
"Hopback" means any vessel into which worts are run after boiling in order to remove the spent hops.
"Inspector" means the excise inspector or sub-inspector appointed to hold charge of a brewery.
"License" means a license granted for a brewery under Section 21 of the Punjab Excise Act (1 to 1914).
"Licensee" means a holder of such license.
"Mastum" means any vessel in which malt or grain is exhausted in the course of brewing.
"Racking" or settling back means any vessel into which worts are passed from a fermenting vessel and racked either at once or after a time into store vats or casks.
"Sugar" means any sacharine substance, extract, or syrup and includes any materials capable of being used in brewing, except malt or corn.
"Underback" means any vessel into which worts run either from the mash turn or hop back.
"Worts" means the liquor obtained by the exhaustion of malt or grain or by the solution of saccharine matter in the process of brewing.
3. Any person desirous of obtaining a license 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]
4. The 4[Excise Commissioner] has full power to grant or refuse application for Licenses with reference to the requirement of State.
5. No License shall be granted unless and until the applicant therefore has-
(a) deposited a sum of [ten lakh] rupees in cash as license fee; and
(aa) deposited as security in cash or in National Savings Certificates for the fulfillment of all the conditions of his License [a sum of] 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
[ExciseCommissioner] that the proposed buildings, plant and apparatus to be
used inconnection with the business of brewing, storage issue of beer are built
inaccordance with the prescribed regulations and due precaution has been taken
against fire.
6. The licensee shall executed a bond in
form B. 3, pledging the premises, stock of beer, all apparatus and utensils
employed in the manufacturing and storage of beer for the due discharge of all
payments which may become due to Government. The licensee may, however in lieu
of executing such a bond, execute a bond in form B 16 and deposit Government romissory notes or in National. Savings Certificates of
such value as the [Excise Commissioner] maydirect or
furnish a guarantee by the Stare Bank of
7 The License shall be in Form B. 1 and is not transferable except with the sanction of the [Excise Commissioner].
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 Financial Commissioner] on application on the payment of [rupees five lakh] [ and further, an additional license fee of 50 paisa per bulk litre shall be charged for beer manufactured in excess of sanctioned capacity of the brewery during the year 2000-2001.]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 5 [Excise Commissioner with prior approval of Financial Commissioner] may renew the license on payment of the fee chargeable for a new license.
9. Rule
9 deleted for
10. The licensee shall] not hypothecate in whole or any part of the licensed premises without the previous written sanction on the [Excise Commissioner].
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.
12. The licensee shall at any time permit the Collector the inspector or any officer authorised to inspect breweries to inspect and examine his licensed brewery, the premises, warehouses, and utensils connected therewith any room, place or utensil and the beer made and stored therein, and shall render to the Collector or to the officers aforesaid, all proper assistance in making such inspection and examination.
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.
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.
15. The licensee shall if required by the 1 [Excise Commissioner] provided residential quarters for the Government excise establishment posted to the brewery.
16. The licensee shall, when required, permit without payment, samples of the material used, of worts in any stage of fermentation of beer prepared in the brewery JO be taken for analysis by the Collector or the inspector or by an officer authorised by the [Excise Commissioner] or Collector to take samples and entry thereof be made in register in FormB.
17. The inspector shall maintain a general register in Form B. 12.
18. The licensee, unless he personally acts as manager shall be bound to appoint a competent manager as his agent.
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.
20. 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.
21. The Inspector will be provided by the3[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].
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 nan1e of the vessel room or place according to the purpose for which it is intended.
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.
24. All mashtums, under backs coolers, fermenting vessels and settling backs shall be so placed and 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.
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.
26. All mashtums and fern1enting vessels shall be gauged jointly by the Inspector, and the license, 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 ea h 2.54 milimeters in depth.
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.
28. The Collector shall also certify to the correctness of the tables, and as opportunity affords, check the data on which they are founded.
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 he Inspector and oilier officers, and shall permit any Excise Officer who is authorized to inspect the brewery at antime,toinspectthe same and make extract there from.
(2) He shall enter separately in the book the quantity of malt, com, 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 com or dissolve any sugar, and so far as respects the quantity of malt, com, sugar hops and hop substitutes two hours at the least before the hour entered for brewing.
(4) He shall, two hours at the least before the hour entered for brewing, enter the time when all the worts will be drawn of the grains in the mashtum.
(5) He shall within one hour of the worts being collected in the fermenting vessels, or, if the worts be not collected before six in the afternoon, before eight in the forenoon of the following day, enter the dip and gravity of worts produced from each brewing, and also the description and number of the vessels into which the words have been conveyed.
(6) He shall, at the time of making any entry insert the date when the entry is made.
(7) He shall not cancel, obliterate or alter any entry in the book, or make therein any entry which is untrue in any particular; should it be necessary to correct any entry, a line shall be drawn through the incorrect entry in such a mam1er as to leave it distinctly visible and the amended entry shall be inserted above it; every correction shall be initialed by the person making it at the time.
(8) He shall, if so required by the [Excise Commissioner] send notice in writing to the Inspector, of his intention tobrew forty-eight hours before such brewing is to take place.
30. The licensee shall keep the total produce or brewing separate from the produce of any other brewing for the space of twenty-four hours, unless an account of the first mentioned produce shall have been sooner taken by the Inspector.
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.
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.
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.
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.
35. (1) The brewery shall issue beer to the L-1 licensees against duty paid permit issued by the Excise Officer of the district.
(2) The Inspector shall maintain a register in form B-15 showing issue
of beer made to any other
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.
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 pre pared and atte5ted by the Excise Inspect oat once.
(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 Inspector at once. But no refund will given if there is reason to be lieve that the beer has been spoiled more than six months before it was brought to notice.
(4) The claim must contain:-
(a) a declaration that the beer which is the subject to the claim was brewed by the licence see:
(b) a statement of the circumstances to which the claim is due;
(c) a statement of the date or, dates on which the beer was brewed, and the quantity and original gravity of each lot of beer referred to m the claim.
(5) When required to do so, the licensee must give satisfactory proof of any fact mentioned in the claim
(6) Any remission or refund that is granted shall be at the rate at which the beer which is the subject of claim was charged.
(7) The necessary calculations shall be as follows:
(a) When the beer that is the subject of the claim has not left the entered premises of the licensee, a deduction of two per cent shall be made from the actual quantity in litres of such beer. The amount to be remitted or refunded shall be calculated on the remainder.
(b) When the beer that is the subject of the claim has left the entered premises of the licensee, there shall be made from the actual quantity in litres of such beer a deduction, equivalent to such amount of added water as the report of the Chief Chemist, Central Revenues, Control Laboratory, New Delhi, may show to be in beer. From the quantity remaining, a further deduction of ten per cent shall be made. On the final balance, soobtained, the amount to be remitted or refunded shall be calculated. Refunds of duty on quantities of 455 litres of beer or less will not be granted.
(8) When the! [Excise Commissioner's] orders to that effect have been received the Collector shall `make the remission or refund either (a) (when the claim is in respect of destroyed beer) at once, or (b) (when the claim is in respect of beer unfit for consumption) as soon as the Excise and Taxation Officer furnishes a certificate in Form B-9 or in Form B-10 that the beer has, with the previous sanction of the Collector, been either (i) destroyed in his presence and that of the inspector or other officer deputed by the Collector, or (ii) distilled, or (iii) turned into vinegar.
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 hereafter 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.
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.
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 botles 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' along with 'the date of expiry' and printing the words 'Best before six months.]
41. In all matters not specified in these rules, the Punjab Distillery Rules shall apply mutatis mutandis].