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Chhattisgarh Winery Rules, 2013

Published vide Notification No. F 10-40/2011/CT(Ex)V(49), dated 31.7.2013

Last Updated 17th September, 2019 [cg221]

(a) "Act" means the Chhattisgarh Excise Act, 1915 (No. 2 of 1915);

(b) "Bottling" means transfer of manufactured wine in bottles, casks or kegs for final removal from the winery and includes rebottling and refilling;

(c) "Bottling-Room" means that portion of a winery which is set apart for carrying out bottling operation;

(d) "Bottle-store-Room" means a room where bottled wine is transferred from the bottling room for storage and issue;

(e) "Cooler" means any vessel into which worts are passed to be cooled and includes a refrigerator;

(f) "Fermenting Vat" means a large vessel or cask wherein fruit juice is fermented;

(g) "Fining" means a material added to purify wine;

(h) "F.L. Licence and forms" the F.L. licence mentioned in these rules shall mean and refer to concerned licence and forms under the Chhattisgarh Foreign Liquor Rules, 1996 and shall have the same meaning assigned to them in the Chhattisgarh Excise Act, 1915 (No. 2 of 1915) or Chhattisgarh Distillery Rules, 1970;

(i) "Licence" means a licence granted under these rules;

(j) "Licensee" means a person who holds a licence granted under these rules;

(k) "Licensed Premises" means the premises that have been licenced under these rules and which have been specified in schedule appended to Form W-3;

(l) "Mash" means sugary solution prepared from fruits;

(m) "Mashtun" means a vessel in which fermentable contents are exhausted from fruit material;

(n) "Officer-in-charge" means an Excise Officer, not below the rank of Assistant District Excise Officer posted to supervise the winery;

(o) "Winery" means a building or place where wine is manufactured and includes every place where wine is stored and delivered;

(p) "Winer" means a person holding a licence for winery;

(q) "Wine" means the fermented juice of grapes or other fruits with or without the addition of sugar or jaggery, the fermentation being produced by the yeast naturally presented on the skin of fruit or added externally and having alcoholic strength not exceeding 42 percent, of proof spirit.

(a) Detailed layout plan in quadruplicate of the proposed unit drawn on sheets of tracing cloth as per scale;

(b) A Challan, in original, of payment of fee prescribed by the State Government;

(c) The plan referred to in clause (a) shall contain complete details of the proposed unit including the land buildings, fixtures etc. It will clearly indicate the exact location and dimensions of all the rooms, floors, storey, windows and other opening. The precise location where vats, vessels, tanks, pipeline, valves, revenue locks, electric or gas conduits, refrigeration or heating systems and any other apparatus, appliance gadget equipment or machinery shall be installed, fitted or used alongwith details about their capacity, size use etc. must appear in detail plan. The manner in which the rooms, halls or buildings comprised in the premises shall be utilized, must be specified in the layout. The points where revenue locks shall be attached must be indicated by the symbol RL;

(d) A detailed project report of the winery in quadruplicate;

(e) A statement in quadruplicate giving in detail the process desired to be adopted for manufacturing wine;

(f) Any other certificate, authorization or clearance required from Central Government, a local Body, Town and Country planning Authority or Department, Chhattisgarh pollution Control Board or any other authority or department of the State Government under any enactment or rules, in force.

(ii) Where it appears that the application is not complete in all material particulars or is not accompanied by the required documents the State Government or the Excise Commissioner or any other officer authorised in his behalf shall serve a notice by registered post in writing, requiring the applicant to complete all material particulars, to furnish the required documents not later that 30 (thirty) days from the date of communication of the said notice. An application for the grant or renewal made under these rules shall not be refused by the sanctioning Authority only on the ground that application in not complete in all material particulars or is not accompanied by the documents.

(a) Report of the committee appointed by the State Government ensuring that the premises have been built and plant erected in accordance with the approved plan enclosed with the "Letter of Intent" and that the plant is ready for commissioning.

(b) A copy of challan, of payment of prescribed licence fee.

(i) Fermentation process.

(ii) Manufacturing Operations.

(iii) Storage of spirit.

(iv) Bottling of Wine.

(v) Storage of manufactured wine in sealed bottles and other receptacles.

(i) The base, water, finings, colouring and flavouring agents, spirit must be tested before they are used in the manufacture of wine.

(ii) Every batch of manufactured wine, before it is transferred to storage vats, must be tested.

(iii) Samples may be drawn form worts or spirit at any stage and tested.

(i) When the officer-in-charge apprehends that the manufactured or stored wine is not of the required standard or quality.

(ii) When a random sampling for testing is ordered by the Excise Commissioner.

(iii) When the officer-in-charge himself opts for random sampling for the purpose of testing.

(a) Register of vats, vessels and receptacles in the winery in Form W-4.

(b) Register showing quantity of wine used for analysis in Form W-5.

(c) Register showing the account of flavoring substances used in the manufacture of wine in Form W-6.

(d) Register showing the deposit of bottling fee in Form W-7.

(e) Register of transactions in the fermentation room (s) of the winery in Form W-8. This register shall be maintained fermentation room wise. Once the fermentation is complete the fermented material shall be transferred to the manufacturing room and the quantity thus transferred shall be noted in column 7 of the register.

(f) Register of operations in the manufacturing room in the winery in Form W-9.

(g) Register of transactions in the storage room in the winery in Form W-10.

(h) Register of operations in the bottling room in the winery in Form W-11.

(i) Register of receipts and issue from the bottle-store room in form W-12.

(j) Return of transactions during a month in Form W-13,

(a) to F.L. 10 licensee on payment of transport fee.

(b) to F.L. 11 licensee on payment of duty.

(c) to appropriate licensees of other states on payment of export-fee and execution of a bond in Form F.L. 23.

(d) Foreign liquor warehouse.

Form W-1

[See Rule 3(2)]

Application For Licence To Construct And Establish A Winery

Secretary,
Government of Chhattisgarh,
Commercial Taxes Department, Raipur
Through the Excise Commissioner, Chhattisgarh, Raipur

1. (a) Name and address of the applicant.

(b) Name, address, of the undertaker.

(c) Whether Public/Private Ltd. company or Partnership/Proprietary/ Firm concern.

2. Capital Structure.

(a) In Case of Limited Company -

(i) Authorised

(ii) Issued

(iii) Paid up

(iv) Borrowing if any

(b) In case of others -

(i) Capital

(ii) Borrowing, if any

(c) Details of proposed investment. -

(1) Fixed Assets:

(i) Land

(ii) Building

(iii) Plant and Machinery

(iv) Other, if any

(2) Working Capital.

3. Location of the Manufactory :

4. Production capacity per annum :

5. Plant and Machinery :

(i) Value of plant and machinery to be imported or imported origin.

(ii) Value of plant and machinery of indigenous origin.

6. Raw material required for production :

(i) Quantity and value of raw material to be imported or imported origin per year.

(ii) Quantity and value of raw material of indigenous origin per year.

7. Water and Power requirements :

(i) Particulars of requirements.

(ii) Whether necessary permissions have been secured.

8. Technical Assistance:

Whether any foreign collaboration or know-How is envisaged and if so the foreign exchange requirements.

9. Time-frame:

(i) Time required to secure land, building etc. after the letter of intent is issued.

(ii) Time required to erect machinery, to complete the construction and to ready the unit for commissioning.

10. Employment Potential:

(i) Supervisors.

(ii) Skilled Workers.

(iii) Un-Skilled Workers.

11. (i) Any special facilities required from the Government.

(ii) Special features, if any of the scheme.

12. (i) Challan No. and date in support of payment of the prescribed application fee.

(ii) Whether the Challan in original is enclosed.

..................................

(Signature of the applicant with date)

(1) The site and elevation plans in quadruplicate.

(2) Signed copies of details of manufacturing process in quadruplicate.

Form W-2

[See Rule 3(5)(i)]

Secretary,
Government of Chhattisgarh,
Commercial Taxes Department, Raipur

............................................
................................................

(2) The State Government has tentatively decided to approve your proposals for constructing winery for manufacture of wine as per following description/capacity without any commitment for permitting import of machinery, supply of raw material or foreign technical collaboration, subject to fulfillment by you of the formalities laid down in the rules : -

(3) It shall be your sole responsibility to obtain any other licence or permission required for your project under any Act or rule or order of Government of India or Government or Chhattisgarh.

(4) This letter of intent shall be valid for a period of two years only from the date of issue. It shall not, however, create any right in your favour for grant of a licence in Form W-3, and may be cancelled at any time and in that event no compensation or damages shall be payable.

Form W-3

[See Rule 4(3)]

Licence for the Manufacture of Wine

(1) The licensee shall abide by the provisions of the Act, rules made there under, conditions of this licence and all directions issued by the Excise Commissioner, Chhattisgarh.

(2) The licensee shall not manufacture wine exceeding the quantity corresponding to maximum annual production of.................litres during the period mentioned in the preamble.

(3) The licensee shall use the same materials or ingredients and adopt the same process of manufacturing wine as have been approved by the State Government, while issuing letter of intent.

(4) The licensee shall bottle only that wine which has been manufactured at the licensed premises.

(5) The licensee shall pay the bottling fee at the prescribed rate.

(6) The licensee shall use only such labels on bottles/containers as are registered with the Excise Commissioner.

(7) Bottled wine shall be stocked label wise and batch wise in an orderly manner in the stock room.

(8) The licensee shall leave an accessible passage free of packages containing wine in the middle as well as along the walls of the bottle-store-room to facilitate free movement and verification of stock.

(9) The licensee shall not dilute or adulterate wine manufactured, bottled or stored.

(10) The licensee shall, under no circumstances, act in any manner prejudicial to the interests of Government revenue.

(11) On breach of any of the aforementioned conditions, this licence may be suspended or cancelled by the Excise Commissioner.

Schedule

Form W-4

[See Rule 9 (1) (a)]

Register of Vats, Vessels and Receptacles in the Winery

Signature of the licensee

Form W-5

[See Rule 9 (1) (b)]

Register Showing Quantity of Wine Used for Analysis

Note. - Quantity shall invariably be shown in litre and milliliters.

Form W-6

[See Rule 9 (1) (c)]

Register Showing the Account of Flavoring Substances used in the Manufacture of Wine

Form W-7

[See Rule 9(1) (d)]

Register Showing the Deposit of Bottling Fee

Form W-8

[See Rule 9 (1) (e)]

Register of Transaction in the Fermentation Room (S) of the Winery

Form W-9

[See Rule 9 (1) (f)]

Register of Operations in The Manufacturing Room of the Winery

Form W-10

[See Rule 9(1) (g)]

Register of Transactions in the Storage Room in the Winery

Form W-11

[See Rule 9 (1) (h)]

Register of Operations in the Bottling Room in the Winery

Form W-12

[See Rule 9(1)(i)]

Register of Receipts and Issue in the Bottle-Store-Room

Form W-13

[See Rule 9 (1) 0)]

Return of Receipts and Issues During the Month of....

[Signature of the Licensee]

Form W-14

[See Rule 4 (7)]

Counter Part-Agreement

1. The licensee shall abide by and carry out all his obligations under the terms and conditions of the said licence.

2. The licensee shall always maintain a security deposit of Rs.......with the Excise Commissioner for the due fulfillment of the conditions of the licence.

3. Any penalty imposed on the licensee under the Chhattisgarh Excise Act, 1915 or the Chhattisgarh Winery Rules, 2013 or any other liability incurred by him under the aforementioned Act or Rules shall be recoverable by the Governor from his security deposit or any amount due to him or any movable and immovable property belonging to him as arrears of land revenue without prejudice to any other legal remedy the State Government may seek for the purpose.

Excise Commissioner

(On behalf of the Governor of Chhattisgarh)