The Rajasthan Liquor Prohibition Rules, 1967

Published vide Notification No. F-1 (62) FD/Ex/67/3013, dated 29-9-67; Published in Rajasthan Government Gazette Extraordinary, Part 4-C, dated 29-9-67, page 362-371

RJ862

LEGISLATIVE HISTORY 6

And as amended by the following Notifications, -

· GSR 39, dated 16-11-1970; Published in Rajasthan Government Gazette Part IV-C, dated 17-5-1973.

· GSR 113, dated 16-6-77, Published in Rajasthan Government Gazette Part IV-C(I), dated 30-6-77.

· S.O. 249, dated 30-3-1977; Published in Rajasthan Government Gazette Part IV-C(II) Extraordinary, dated 31-3-77.

· GSR 90, dated 6-3-1978; Published in Rajasthan Government Gazette Part IV-C, dated 6-3-1978, page 385.

· GSR 15, dated 20-4-78; Published in Rajasthan Government Gazette Part IV-C, dated 11-5-1978, page 85.

· GSR 78, dated 22-2-1980; Published in Rajasthan Government Gazette Extraordinary, Part IV-C, dated 22-2-1980, pages 557-559.

· GSR 52, dated 31-3-1980, Published in Rajasthan Government Gazette Part IV-C, dated 24-7-1980, page 108.

In exercise of the powers conferred by sub-section (1) of Section 41 of the Rajasthan Excise Act 1950 (Rajasthan Act II of 1950), read with sub-section (4) of Section 19 thereof, the State Government hereby makes the Rajasthan Liquor Prohibition rules, 1967 and order with reference to the proviso to sub-section (3) of said Section 41 that previous publication of these rules be dispensed with as the State Government considers that the rules should be brought into force at once, namely:-

Short title, extent & commencement.- (a) These rules may be called the Rajasthan Liquor Prohibition Rules, 1967.

(b) They shall apply to all prohibition areas in the State to which the Act extends.

Definitions.- In these rules, unless there is anything repugnant in the subject or context,-

(a) "Act" means the Rajasthan Excise Act, 1950 (Rajasthan Act II of 1950);

[(aa) "Country Liquor" means such Liquor as has been declared to be a country liquor under sub-section (2) of section 4 of the Act.]

[(b) "Foreign Liquor" means such liquor as has been declared to be foreign liquor under sub section (2) of Section 4 of the Act].

(d) "Government" means the Government of the Rajasthan;

(e) the expression "Import", "Transport" or "sale" have the same meaning as are assigned to them under the Act;

(f) "Medical Certificate" means a certificate given by a registered medical practitioner to a person, certifying the quantity of [Foreign Liquor and country liquor] to be possessed by the latter for his bona fide medicinal use:

(g) "Prohibition area" means any area where under Section 13 and sub-section (4) of Section 19 of the Act the State Government has, by notification, prohibited the possession for (sale or otherwise) & the import or transport of any kind of liquor save under the provisions made in these rules;

(h) "Registered Medical Practitioner" means any person who is entitled to practice any system of medicine in the State under any law relating to medical practitioners; and

(i) "Section" means a section of the Act.

B - Possession

Possession, import and transport of liquor in prohibited, area.- Save as herein provided, no person shall possess (for sale or otherwise) and import or transport any kind of liquor in the prohibition area,-

(a) denatured spirit not exceeding 0.75 litres and denatured spirituous preparation not exceeding 1.75 litres;

(b) denatured spirit or denatured spirituous preparation for industrial scientific educational or other similar purpose, held under a permit granted by the District Excise Officer;

(c) rectified spirit in the possession of chemists, medical practitioners and persons-in-charge of laboratories under a licence granted under Rule 56 of the Rajasthan Excise Rules 1956;

(d) rectified spirit and absolute alcohol for educational and scientific purposes in the possession of schools, colleges, institutions and hospitals, under a licence granted under the Rajasthan Excise Rules, 1956:

[(e) (i) lawfully obtained liquor meant for members of the Armed Forces of the Union of India serving in prohibition Area; and

(ii) lawfully obtained liquor carried through or possessed in the prohibition area by the members of the Armed Forces of Union of India while on leave shall be exempted upto the following quantities:]

Entitled personnel	Whisky Brandey Gin & Rum Units	Wines Units	Beer & Cider Units
	3	2	15
Officers
J.C. Os and equivalents-
C.P. Os/P Ss Navy,-
Senior N.C. Os./I.A.A.-	2 Rum		6
Other ranks	1 Rum
Limit for Senior Officers -	-
Lieut General	8	2	48
Major-General	6	2	48
Brigadiers equivalents-
and P.S. Os. of Navy-	4	2	48

Explanation. - A unit means one quart bottle of spirit or liquor or three quart bottles of wines or vermouth or six quart bottles of malt liquor.

(f) Liquor upto the limit of private possession, as indicated below, in the possession of any foreigner residing in the prohibition area:-

(i) foreign liquor whether imported or made in India.	One bottle of the capacity of 750 millilitres or upto 12 such bottles on payment of permit fees according to the following graduated scale for a financial year or a part-
Quantity	Permit fee
Exceeding one but not exceeding three bottles each of the capacity of 750 millilitres.	Five Rupees
Exceeding three but not exceeding six bottles each of the capacity of 750 millilitres.	Ten Rupees
Exceeding six but not exceeding twelve bottles each of	Twenty rupees
(ii) Beer whether imported or made in India.	Six bottles each of the capacity of 750 millilitres
(iii) Cider (liquor manufactured by fermentation of the juice of any fruits) whether imported or made in India.	Six bottles each of the capacity of 750 millilitres

(g) liquor covered by necessary passes while in transit in the prohibition area transported for other area:

(h) liquor possessed by any Excise Officer of Government, acting in his official capacity;

(i) Medical and toilet preparations.

(j) Consignments of liquor in transit by rail or road through the prohibition area for destinations outside such area, provided the consignments are not tampered with or used during transit;

(k) foreign tourists, who are in possession of a liquor permit issued by the director of tourism or any competent authority of any State or centrally Administered Area of the Government of India Tourist Office in India or aboard or the Indian Missions abroad up to the quantities covered by liquor permits in their possession;

(l) Any person or institution may keep in his possession and use any liquor for a religious purpose in accordance with ancient custom, under a permit granted by the Excise Commissioner.

Permits and licences for possession etc. of liquor.- Notwithstanding anything contained in Rule 3:-

(a) Any person on application may be obtained brandy on the authority of a permit in Form RPn 1 granted by the District Excise Officer [or Assistant Excise Officer] [or Tourist Officer of the department of tourism] for his bonafide medicinal use on the production of a medical certificate in Form R. Pn. 2:

[Provided that no permit in Form R.Pn. 1 shall be granted to a [person who is less than 30 years of age] and that the quantity to be prescribed by a registered medical practitioner for bonafide medicinal use shall not exceed:-

(i) two units at a time or six units in the aggregate during a month in the case of a person residing in the prohibition area:

(ii) two units at a time or six units in the aggregate during a month in the case of a person who has to travel frequently in the prohibition area:

(iii) one and a half unit at a time during a week or part thereof for a maximum period not exceeding one month in the case of a person coming from non-prohibition area of the State or from other States:

Provided further that a person having obtained certificate in Form R.Pn. 2 shall be required to pay permit fee of Rs. 15 per year or part thereof for obtaining permit in Form R.Pn. 1.

No fee shall 'however' be charged from the members of the Armed Forces of the Union of India, who are stationed in the prohibition area or who visit the prohibition area on leave or otherwise.

Explanation. - A unit means one quart bottle of spirit or liquor or three quart bottles of wines or vermouth or six quart bottles of malt liquor.]

(b) A medical practitioner in managing and supervising charge of a Government, Local Fund, Railway or charitable hospital or dispensary, may possess brandy not exceeding the requirement of such hospital or dispensary for twelve months under a permit issued by the District Excise Officer.

C - Import and Transport of Brandy

Import and transport of [foreign and country liquor]by licensed vendor.- A licensed vendor may import or transport [foreign and Country Liquor] on the authority of a permit and a pass, as the case may be, granted by the District Excise Officer [or Assistant Excise Officer],
Import and Transport of foreign and country liquor for hospitals and dispensaries etc.- A medical practitioner in managing or supervising charge of a Government, Local fund, Railway, or charitable hospital or dispensary may import or transport such quantity of [Foreign Liquor]as may be specified in a permit issued by the district Excise Officer [or Assistant Excise Officer].

D - Sale of Brandy

Sale of [foreign and country liquor]by licensee.- A licensee shall sell [foreign and Country Liquor] to a person holding permit issued under these rules.
Authority to grant licence.- The Excise Commissioner may grant a licence in Form R.Pn. 3 for retail vend of brandy.
Procedure for grant of licence.- A person desirous of obtaining a licence in Form R.Pn. 3 shall apply to the Excise Commissioner through the District Excise Officers Form R.Pn. 4. The Excise Commissioner may for reasons to be recorded in writing; refuse to grant the license.

[9A. Fees for the Renewal of licence. - (1) A licensee granted under [these rules] shall expire on the 31st day of March every year.

(2) A person possessing a licence under [these rules] and seeking renewal of the same shall apply in accordance with rule 72-A of the Rajasthan Excise Rules, 1956 and such application shall be accompanied by a treasury receipt showing the payment of (1) renewal fees of [Rs. four thousand]and (2) the usual licence fees payable under rule 69(1) of the Rajasthan Excise Rules, 1956.]

E - Maintenance of Accounts

Register of permits.- A register in Form R.Pn. 5 showing the particulars of the persons granted permits under these rules, shall be maintained in the office of the District Excise Officer [or Assistant Excise Officer].
Maintenance of accounts by licensee.- The licensee shall maintain regular accounts of his daily transactions in Form R.Pn. 6 and shall submit a monthly return thereof in Form R.Pn. 7 by the 5th of the next month to the District Excise Officer.
Licensee bound by other rules under the Act.- The licensee shall, in addition to these rules, be bound to observe all the rules under the Act, which may be applicable to his licence.
Fees for licence and other matters relating thereto.- (1) The fee for the licence in Form R.Pn. 1 shall be the same and shall be assessed and recovered in the same manner, as is prescribed for a licence for sale of [foreign and country liquor], off the premises under the Rajasthan Excise Rules, 1956.

[(1-A) The licence fee for a year or part thereof for the retail sale of Country Liquor for each shop in a Village/Town with the population mentioned below (according to 1971 census) shall be as under:-

(i)	up to 10,000	Rs. 5,000/-
(ii)	more than 10,000 but less than 50,000	Rs. 10,000/-
(iii)	50 thousand and above	Rs. 20,000/-]

(2) In all matters not specified in these rides, the Rajasthan Excise Rules, 1956 shall apply mutatis mutandis.

Form R. Pn. 1

[Rule 4(a)]

Permit for purchase, possession and, Transport of liquor in the Prohibition Areas

District....................

Permit......................

Date of issue of permit......

Name..............Father's name..............Profession.............. residence...............Street/Ward...........Police Station................District (in which situated).............is permitted to purchase..............[Unit(s) of foreign liquor at a time during a week/month] from..............(Licence holder) and may transport from.........(place) to........(place) for bonafide medicinal use.

Note. - This permit will remain in force up to....................

Important Conditions

The permit-holder shall use the liquor only as medicine. Except without permission from the authority who issued the permit, the permit-holder shall have not power to pass on the liquor to any one but members of his family.
The permit may be cancelled on breach of any of the conditions as written on the permit.
The permit-holder shall keep the liquor purchased under permit in his own custody.
The permit-holder shall abide by the Rajasthan Liquor Prohibition Rules, 1967.

[Note. - A unit means one quart bottle, of spirit or liquor or three quart bottles of wines of Vermouth of Six quart bottles of malt liquor.]

[District Excise Officer/ Assistant Excise Officer] [Tourist Officer of the Department of Tourism]

(Rubber Stamp)

Form R.Pn. 2

(Rule 3)

Form of Medical Certificate to be granted under the Rajasthan Liquor Prohibition Rules, 1967

Certified that Shri...............son of.................age.........years (male or female) .................residing in.................house No...... Mohalla or Ward................Police Station..................in.......... district, is suffering from disease, namely...............and that............[Unit(s) of [foreign country liquor] at a time during a week/month] is prescribed as medicine.

Place.........................

Signature of Medical Practitioner

Date..........................

Registered No..........

[Note. - A unit means one quart bottle of Spirit or liquor or three quart bottles of wine or Vermouth of six quart bottles of malt liquor.]

Form R.PN. 3

[Rule 8]

Licence for the retail vend of brandy for consumption off the premises in prohibition area

District................................

Registered Number...........

This licence authorising the retail vend of brandy for "off Consumption" only on the premises specified below and for the period from........... to............is granted to Shri........son of.......................resident of..........Police Station in............District.

Description of Premises

Shop No...............Ward No.............in............(town or city)

Boundaries

North.............East............South..........West............

This licence is granted subject to the provisions of the Rajasthan Liquor Prohibition Rules, 1967, and subject to the payment of the licence fee prescribed in the said rules.

Special Conditions

(1) The licensee shall not sell brandy except to persons holding permits issued under these rules up to the quantity specified therein for consumption off the premises only.

(2) The licensee shall keep his premises closed on days and during hours endorsed on the licence or specially ordered by the Excise Commissioner.

(3) The licensee shall furnish such information as may be demanded from him by any Excise Officer of the district.

(4) The licensee shall keep brandy of such brands and shall sell it at such price as may be directed by the Excise Commissioner from time to time.

(5) The licensee shall keep brandy of such brands and bound to observe all the general conditions which may be applicable to a [foreign/country liquor] licence issued under the Rajasthan Excise Rules, 1956.

Signature of the licensee

Excise Commissioner, Rajasthan

Form R.Pn. 4

[Rule 9]

Form of application for the grant of licence for sale of brandy in prohibition area

1.	Name of applicant	….......................
2.	Father's name	….......................
3.	Resident of:
	(1) House No.	….......................
	(2) Ward	….......................
	(3) Town or City	….......................
	(4) Police Station	….......................
4.	Brief history of the previous business	….......................
5.	Locality of the premises to be licensed	….......................
		(Full particulars to be given)
6.	Name of the shop or establishment	….......................
		(Whether firm, society, partnership or Company)

I do hereby declare that I shall abide by the law inforce in respect of the import, transport, possession and sale of brandy.

Dated.........19 ...

Signature of applicant

(This application is to be submitted to the Excise Officer of the district who shall transmit it to the Excise Commissioner with his comments).

Form R.Pn. 5

[Rule 10]

Register showing the particulars of persons granted permits under the Rajasthan Liquor Prohibition Rules, 1967

Serial No.	Date of issue of permit and form of permit	Name, parentage, caste, residence and occupation of permit-holder	Quantity allowed (Millilitres/litres)
1	2	3	4

Period of validity	Date and number of the Medical Certificate in Form R.Pn. 2 and name of the medical practitioner issuing the certificate and his Registered No.	Remarks
5	6	7

Form R.Pn. 6

[Rule 11]

Register to be maintained by a person holding a licence in Form R.Pn. 3 under the Rajasthan Liquor Prohibition Rules, 1967

Issue
Number and date of permits	Particulars of the permit-holder	Quantity in Millilitres
Number and date of permits	Particulars of the permit-holder	Imported	Indian
8	9	10	11

Balance				Remarks
Imported		Indian
Litres	Millilitres	Litres	Millilitres
12	13	14	15	16

Form R.Pn. 7

[Rule 11]

Name of the licensee..............Place..................

Balance at the close of previous month

Month and Year	Balance at the close of previous month	Receipts during the month	Total of columns 2 and 3
1	2	3	4
	Imported Indian	Imported Indian	Imported Indian

Month and Date

Particulars of place where and the pass under which each consignment of brandy was received

Name and address of the distiller or the licensee from whom received

No. and date of the pass

Millilitres

Millilitres