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