Comparison of Liquor

Licence in Kerala and

Tamilnadu
SUBMITTED TO NCHMCT
CENTRE: IHM GWALIOR
SUBMITTED BY:-
CONTENTS
CHAPTER PARTICULARS
GUIDE S NOTE
CERTIFICATE
ACKNOWLEDGEMENT
CHAPTER I
INTRODUCTION
OBJECTIVES
RESEARCH METHODOLOGY
LIMITATION
CHAPTER II
THEOROTICAL FRAMEWORK
CHAPTER III
DATA ANALYSIS
CHAPTER IV
STUDY
CONCLUSION
SUGGESTION
BIBLIOGRAPHY
QUESTIONER
CERTIFICATE
This is to Certify that _________________Student of BHM
Final Year Batch has Completed his project work on
____________________________ during the year 2010-2011.
GUIDE NOTE
I am Pleased to Mention that _______________ Student of
JPIHM, Meerut , has successfully Completed his project
work on ___________________________ under my
supervision during the year 2007-2008.
Project Coordinator
ACKNOWLEDGEMENT
The study was conducted by the assistant of several
individuals. I really appreciate their help and hereby thank
them. I would like to give special thanks to the following
people:
Firstly, I would like to thank _____________________ who had
supervised the study and was in charge of the entire
project. His presence and assistant was remarkable and so I
am grateful to him.
Secondly, I would like to thank the hotel ofcials who were
interviewed. They took out time from their busy schedules
to help me proceed with my study. Their assistance was
very signifcant and so I am grateful to them as well.
Thirdly, I would like to thank all other people who provided
me with the resources to conduct my study. Their help and
assistance was very valuable and so I would like to
acknowledge them as well.
Overall all the above mentioned people had a great role in
my study. Their direct and indirect help indeed proved to be
help.
Thank you
CHAPTER I
INTRODUCTION
OBJECTIVES
RESEARCH METHODOLOGY
LIMITATION
INTRODUCTION
Liquor is a liquid intoxicant, deriving its intoxicating potency
from the ethyl alcohol in it. Liquor can be divided into three
broad categories, namely Indian Made Foreign Liquor (IMFL),
Beer and Country Liquor. Hard liquors broadly have an alcohol
content of and above 20% and denote Whisky, Rum, Brandy,
the white spirits like Gin and Vodka and also include Country
Liquor. Soft liquors have a range of 4-20% of alcohol and
include Beer, Cidar, Wines and Liqueurs.
Liquor making starts with the process of fermentation,
followed by brewing or distillation, latter in case of hard
liquors. Raw material for fermentation usually difers from
liquor to liquor and is corn or malt in case of Whisky, molasses
in case of Rum and Country liquor, grapes in case of Brandies
and Wines, any starchy substance for Gin and Vodka and
barley for Beer. The raw material can difer also depending
upon the availability or abundance in that area. Eventually it
is the favour that marks the liquor for its variety as well as
quality.
In Indian markets most prominent segment of liquor
consumed by the middle classes, is the Indian Made Foreign
Liquor, which covers most liquor, barring beer and country
liquor, and is available in glass or sometimes plastic bottles.
Beer is also available in glasses flled through dedicated taps
dispensing what is known as draught beer. Most Indian beer is
Lager that is it can be stored for some time. and all of them
use a herb, known as hops, for favouring. Liquors from which
sugar content has been chemically reduced are termed as
"dry". Country Liquor is generally in the range of 25% of
alcohol and also available in glass bottles only. Wines in India
are available in red or white variety, with pink almost non
existing. Champagne, generally a ceremonial drink, also
known as sparking wine, is generally of-white and is fzzy
because of its carbonation at the time of bottling. Liqueurs are
concentrated syrups, available in myriad favours, and are
usually taken without dilution after major meals.
OBJECTIVE
To Study the Comparison of Liquor Licence in Kerala and
Tamilnadu.
To Study the Details of Liquor Licence.
To Study the Dos & Donts of Liquor Licence.
METHODOLOGY
The aspects which call on for designing a research plan helps
us in making decisions on the following things: a)
Date Sources
Research Instruments
Sampling Plant
Contact Methods
Data Sources:
Date were of two types:
Primary - The date was collected after interviewing the guests
who were staying in the hotel. This was done with the help of a
questionnaire and a verbal interview.
Secondary - The data was collected from Hotel Journals,
periodicals and books. Both the sources were used in
completion of this project.
LIMITATIONS
This study has been undertaken under various limitations and
this must be kept in consideration while studying the
conclusions and recommendations of the same. The
limitations involved were mainly:
Time Factor
The time devoted for the research was limited because of
continuous classes in the Institute and also because of
preparation for the job interviews along side. Also, banquet
staf of 5 star hotels did not have much time to spare.
Centre of study
The study was to focus on the banquet survey of few hotels
only. The questionnaire prepared was also suiting to the fve
star hotels.
CHAPTER II
THEOROTICAL FRAMEWORK
INDIAN LIQUOR
The liquor consumption in small doses in cold places may be
necessary to warm up the body provided quality of liquor is
taken care of. But for most of the regions of India and other
tropical countries, its efects are surely damaging to the
mental faculties. In the beginning, the ill-efect is temporary
but with repeated consumptions, it takers deep roots blocking
thinking faculty of the consumer, wherein he/she starts
demanding more and more of the liquor and gets mentally
drowned in its evil efects.
Indian society, in general, lacks discipline in the name of
enjoying freedom and this adds to unruly behavior of the
consumer sometimes unintentionally but most of the times
intentionally to display courage and wildness of the character.
About 50 percent of male Indian adults are taking liquors
regularly and more are willing to get it but restrained by their
economic conditions.
INTRODUCTION
orm Details of Licences

I -- Indian Made Foreign Liquor
L-1 Wholesale licensee of Indian Made Foreign Liquor
L-2 Retail vend of Indian Made Foreign Liquor/Beer.
L-3 Service of liquor in a hotel (to the residents in their
rooms).
L-4 It is granted to independent restaurants for service of
liquor.
L-5 Service of liquor in a bar/restaurant attached to a hotel.
L-5A Retail vend of foreign liquor in a bar/dining car in a
luxury train.
L-6 Retail vend of Indian Made Foreign Liquor in duty free
shop.
L-6A Retail vend of foreign liquor in duty free shops of the
premises.
L-7 Retail vend of Indian Made Foreign Liquor in a military
canteen.

II - Country Liquor
L-9 Wholesale licensee of country liquor.
L-10 Retail vend of country liquor and 50 degree under proof
rum for consumption "of" the premises.

III - Denatured & Special Denatured Spirit
L-11 Wholesale and/ or retails vend of denatured spirit to
public only.
L-12 Wholesale vend of denatured spirit to trade only.
L-13 Bonded warehouse licence for import and storage in bond
of denatured spirit for wholesale to trade only.
L-14 Bonded warehouse licence for import and storage of in
bond of special denatured spirit.

IV - Rectifed Spirit
L-15 Retail vend of rectifed spirit to public only.
L-16 Wholesale vend of rectifed spirit to trade only.
L-17 Bonded warehouse licence for import in bond and storage
of rectifed spirit for wholesale to trade only.

V Special
L-18 Extension of hours during which sale is permitted.
L-19 Retail vend of foreign liquor at a club (bonafde or
proprietary).
L-
19A
for service of liquor in bars/restaurants in a club whose
membership is restricted to Govt.servants only
L-20 temporary arrangements for service of liquor are required
inside the licensed premises of L-3, L-4, L-5, L-19 and L-
19 A
L-49 Permits for possessing more than the individual
possession limit approved
L-
49A
Service of liquor in a party hosted anywhere in Delhi
L-52 Private owned retail liquor vends
L-53 license for retail sale of beer and mixed alcoholic
beverages in departmental stores
SOME FACTS ABOUT LIQUOR
Do's & Don't As a part of its policy to provide safe and quality
liquor to the consumers in Delhi, the Excise Department has
formulated the following do's & don't which they follow very
strictly in regulating and controlling the sale of liquor in the
NCT of Delhi.
Licence cannot be granted to a person who is not
assessed to income tax.
No licensee shall employ any person sufering from an
infectious or contagious disease.
The business premises of a licensee shall be kept closed
on dry days applicable on him.
The hours for the sale of liquor shall be such as may be
specifed in an order by the Excise Commissioner.
The licensee shall prominently display in front of his
shop a signboard showing the retail price of each brand
of liquor to be charged by him.
Always buy liquor from authorized liquor shop.
The consumers while buying liquor from authorized
liquor shop must ensure that the bottle is marked for
sale in Delhi only.
The liquor from army canteen is meant only for army
personnel and not for general public
No individual should possess liquor at one time more
than the prescribed limit without special permit.
Always check seal of the bottle and insist on cash memo
while buying liquor from the shop.
Do not pay more than MRP printed on the bottle.
If one is traveling to Delhi from outside state, one should
not possess more than one unsealed liquor bottle of 750
ml.
Do not service liquor at unlicensed premises.
Do not buy liquor from illegal sources.
Do not buy if you are below 25 years of age.
No person is eligible for grant of license if he has been
declared insolvent by any court of Delhi or who is
declared insane or who is below 25 years of age or is
convict declared by any court for any non-bailable
ofence.
No person shall permit or publish in any
newspaper/book/leafet matter soliciting the use of or
ofering any liquor.
No person shall have in his possession any quantity of
any intoxicant, knowing the same to have been
unlawfully imported, transported, manufactured,
cultivated /collected or knowing prescribed duty not to
have been paid thereon.
No person should be employed at any licensed premises
either with or without remuneration any male under the
age of 25 years or any female in part of such premises
in which liquor or intoxicating drug is consumed by the
public.
Consumption and service of liquor at public places is
completely banned.
Consumption of liquor is injurious to health.
Liquor Licence in Kerala
Following protests from anti-liquor campaign
activists, Kerala Excise Minister K. Babu made
modifcations in the liquor policy that now
empowers local bodies to give sanction for new
bars, liquor outlets and toddy shops. Speaking to
reporters on Thursday, Babu said the government
order to this efect has now come out.
"Soon after we announced the liquor policy a few
months back, it had evoked strong protests from a
section of political leaders and also Christian
bishops. Taking that into consideration, we
decided to empower the local bodies in the state to
decide if a new licence is to be given," said Babu.
Incidentally it was CPM leader, and then Finance
Minister, K. Sivadasa Menon under the chief
ministership of E.K. Nayanar (1996-2001) who
revoked the rule empowering the local bodies and
brought it under the Excise department which
gave new licences for bars, liquor retail outlets
and toddy shops.
"The cabinet will now decide if an ordinance to
this efect be promulgated or wait till the next
session of the assembly for this to become a law.
If it is an ordinance it would take only a few days,"
said a top government ofcial on condition of
anonymity to IANS.
Kerala today has 708 bar hotels, 383 retail outlets
(all owned by the state government) and around
4,000 functional toddy shops in the state.
A furore was created by anti-liquor activists that
the Oommen Chandy government is out to
sanction any number of bar-attached hotels
coming under the category of three-star hotels in
the name of promoting tourism.
"In fact, this was wrongly interpreted by the anti-
liquor activists because what we intended was
that after this fscal we would not give licences to
any bar-attached three-star hotels. At the end of
the next fscal no four-star hotel with bars would
be given and by 2014 only fve-star hotels would
get a bar licence," said the ofcial.
Anti-liquor activists are up in arms because in the
last fscal liquor sales touched a new high when it
reached Rs.6,730.30 crore, up from Rs.5,539.85
crore in 2009-10. Liquor sales provide precious
revenue for the state government up from
Rs.4,260 crore (2009-10) to Rs.5,239 crore in the
last fscal.
Excise Commissioner
History
Excise Department is one of the oldest Departments in the
State, and it contributes a major share of the State Revenue.
The word ABKARI derived from Persian (abkara from kar-
business) strengers Persian English Dictionary defnes it as
tax on the manufacture and sale of Spirituous liquors and
intoxicating drugs. According to the glossary of judicial and
revenue terms it means revenue derived from duties levied on
the manufacture and sale intoxicating drugs whether in
substance, infusion, extract as opium, charas, etc.
After the formation of the State of Kerala, it was noticed that
diferent Abkari Acts were in force in diferent parts of the
State, namely; Travancore Abkari Act for Travancore, Cochin
Abkari Act for Cochin, Madras Abkari Act for Malabar.
Existence of the diferent Acts created much practical
difculties and a unifed Act for the whole of the state became
necessary. Therefore Government decided to extent the Cochin
Abkari Act for the whole of the state with necessary
amendments. The Cochin Abkari Act I of 1077 was renamed
as the Abkari Act I of 1077 and was extended to the whole of
the state with efect from 11.05.1967. Various amendments
were made in the Abkari Act from time to time.
The original Act viz., the Cochin Abkari Act was passed by His
Highness the Maharaja of Cochin on the 5
th
day of August
1902, corresponding to 31
st
day of Karkadagom 1077.
Excise Department was functioning under the Board of
Revenue till 30.6.98. Excise Commissioner is the
administrative head.
Vision and Mission of the Department
The Department is administering laws related to Liquor,
Narcotic Drugs and Psychotropic Substances, Medicinal
Preparations containing alcohol and narcotic drugs, etc.
The Acts enforced by Excise Department are [1]. The Abkari
Act 1 of 1077, [2]. The Narcotic Drugs and Psychotropic
Substances Act 1985, [3]. The Medicinal and Toilet
Preparations (Excise Duties) Act, 1955 [4]. The Spirituous
Preparations (Inter State Trade and Commerce) Control Act
1955., and [5]. The Prohibition Act 1950 (Sections 1, 7 & 11
only). The NDPS Act and the M&T.P Act were enacted by the
Central Government.
The various rules formulated under the Abkari Act, NDPS Act,
M & TP Act are furnished below:
1. Abkari Shops (Disposal) Rules 2002.
2. Kerala Foreign Liquor Rules 1953.
3. The Kerala Liquor Transit Rule 1975.
1. The Kerala Foreign Liquor (Compounding, Blending
and Bottling) Rules 1975.
4. Abkari Shops Departmental Management Rules 1972.
5. Kerala Rectifed Spirits Rule 1972.
6. Kerala Winery Rules 1970
7. The Kerala Distillery & Warehouse Rules 1968.
8. The Kerala Spirituous Preparation Control Rules 1969.
9. The Brewery Rule 1967.
10. Cochin Denatured Spirit & Methyl Alcohol Rules 1965.
11. Varnish Rules 1965.
12. Foreign Liquor (Storage in Bond) Rules 1961.
13. Tree Tax Rules 1959.
1. Kerala Abkari (Disposal of Confscated Articles )
Rules 1996.
2. Medicinal and Toilet Preparation (Excise Duties)
Rules 1956.
3. Kerala Narcotic Drugs and Psychotropic Substances
Rules 1985.
The principal duties of the Department are protection,
augmentation and collection of Excise Revenue and
enforcement of the above acts and various Rules made there
under. The Department prevents leakage of revenue, and
exerts efective control on the abuse of liquor and Intoxicating
Drugs. The duties of Excise Department are broadly classifed
as Collection of Revenue, Enforcement activity to prevent illicit
liquor production, sale and trafcking and Campaign against
Alcoholism.
Liquor includes spirits of wine, arrack, spirits, wine, toddy,
beer and all liquid consisting of or containing alcohol.
Individual has no fundamental right over the manufacture and
trade of liquor. Absolute right on liquor is vested with the
State. Government formulates Abkari policy of the state every
year. The policy formulated by the State Government is
implemented by the Excise Department.
Organizational Structure
For the convenience of administration, the State of Kerala is
divided into three Zones headed by Joint Excise
Commissioners.
1. South Zone with head quarters at Thiruvananthapuram
2. Central Zone with head quarters at Ernakulam and
3. North Zone with head quarters at Kozhikode.
Fourteen Excise Divisions come under the above three Zones
which are co-terminus to the 14 Revenue Districts of the
State, headed by Deputy Excise Commissioners. In each
Division there is an Asst. Excise Commissioner for supervision
of enforcement activities. Each Division is further divided into
Excise Circles, which are co-terminus to the Revenue Taluk of
the State under the control of Circle Inspectors of Excise. Each
Circle comprises of one or more Excise Ranges, which are the
micro level unit of Excise Department and the primary
enforcement unit headed by Excise Inspectors.
To assist the Excise Commissioner in the administrative work,
there is an Additional Excise Commissioner (Administration)
an ofcer of IAS Rank in the Commissionerate of Excise. In
the Enforcement matters, an Additional Excise
Commissioner( Enforcement), IPS ofcer of IGP Rank is
appointed for assisting the Excise Commissioner.
Each Excise Zone is under the control of a Joint Excise
Commissioner and each Excise Division under the control of a
Deputy Excise Commissioner. The Excise Circle Ofces in each
Taluk are under the control of a Circle Inspector of Excise and
each Range under an Excise Inspector. In each district, in
addition to the Excise Circle Ofces and Range Ofces, there
is an Excise Enforcement and Anti Narcotic Special Squad
under the control of Circle Inspector of Excise. The
Jurisdiction of these Squads is within the entire District. One
Narcotic Enforcement Squad is functioning at Adimali in
Idukki District exclusively formulated for the eradication of
Ganja Cultivation and prevention of Narcotic ofences. The
department has an Excise Intelligence and Investigation
Bureau under the control of a Joint Excise Commissioner for
collection of intelligence. Under the Joint Excise
Commissioner, Intelligence, there are three Asst. Excise
Commissioner at Zonal level. There is one Excise Vigilance
Wing headed by a Police Ofcer in the rank of Superintend of
Police, under the control of excise Commissioner, functioning
at Excise Quarters. Excise Department has a State Excise
Academy and Research Centre for imparting training to the
ofcers and men of the department. The Principal of the
Academy is an ofcer in the rank of Joint Excise
Commissioner.
Awareness programmes against drug abuse and
alcoholism.
1. Posters containing messages of drug abuse and anti
alcoholism, fex boards, banners, leafets etc., are being
exhibited and circulated.
2. Light dramas, street plays, steet procession etc are being
conducted.
3. Seminars and public meeting are being conducted with the
active co-operation of political workers, social workers and
other Local Self Government Departments in the selected
places / centres.
4. With the active co-operation of the Educational
Institutions, seminars, slide shows, essay competition, drawing
competition etc are being conducted and experts such as
psychologists, doctors, social workers, are taking awareness
classes for the students of High Schools and Colleges.
5. Magic Programmes under the leadership of Prof: Gopinath
Muthukad are being conducted at the selected centres to show
the bad impact of drug abuse and alcoholism.
6. Steps are being taken to telecast a docufction under the
titles Zpcelcn through the visual medias.
7. A master plan in its fnal stage for commencing campaign
against alcoholism from October 2010 onwards throughout the
state.
8. Project reports are being received from Health Department
for commencing de-addiction centres in Kollam,
Pathanamthitta, Idukki, Malappuram, Wayanad, Kannur,
Kasaragod and Palakkad district Hospitals with the support of
Excise Department.
1.Time for grant of various licences, permits, NOCs: -
We promise to give the fnal response to all the applicable within the time
provided below:-
NAME OF LICENSE
!E"MIT
LICENSIN# !E"MIT
#I$IN# A%T&O"IT'
!E"IO( IN )&IC& LICENSE
ISS%E( *O" "E+ECTION
COMM%NICATE(,
Issue of NOC for import /
export of spirit etc
!xcise Commissioner " wee#s
$abel %egistration re&uests !xcise Commissioner " wee#s
'rand %egistration !xcise Commissioner " wee#s
(ermit for import of narcotic
drug
!xcise Commissioner " wee#s
%e&uest for )$-* licence +overnment /!xcise
Commissioner
, -onth
%enewal of )$-* $icence .eput/ !xcise Commissioner " Wee#s
%e&uest for other licenses !xcise Commissioner , -onth
$,0 $" etc !xcise Commissioner , -onth
(ermission for alternation0
renovation of licensed
premises
!xcise Commissioner , -onth
(ermits from 12'C
Warehouses
3!C412'C5 * da/s 4with )C)25
!xcise 6erifcation Cerfcate Circle Inspector of
!xcise )$-7 2hop
On the same da/ of
presentation of consignment
Other !xport / Import0 transit
permits
.eput/ Commissioner of
!xcise of the .ivision
* da/s
$icence for todd/ .eput/ Commissioner of
!xcise of the .ivision
,8 da/s
9odd/ 9ransport permit .eput/ Commissioner of
!xcise of the .ivision
,8 da/s
Interdivision permit .eput/ Commissioner of ,8 da/s
!xcise of the .ivision
Within .ivision .eput/ Commissioner of
!xcise of the .ivision
: da/s
9ree mar#ing re&uests ,; da/s
Confrmation of todd/ licence !xcise Commissioner : da/s
-. Complaint.s follo/ up0 1
9he following time schedule wille #ept for registration of complaints and follow up
action on complaints:-
2lNo 3ction '/ whom Within what time
, 3c#nowledgement of the
complaint on demand
'/ the recipient 9he same da/
" )orwarding for action to the
concerned feld o<cer
9he recipient o<cer With in "= hours
* In&uir/0 action and report bac# 9he feld o<cer Within * wee#s
= Communication of action ta#en
if as#ed for
9he recipient o<cer Within , wee#
2. Follo/1up of A34ari Cases
2lNo 3ction '/ whom Within what time
, %egistration of case Circle Inspector/!xcise
Inspector
3t the earliest and not
later than "= hours
" (roduction of thond/
articles/accused before a
magistrate
Circle Inspector/!xcise
Inspector
!arliest but not later
than "= hours of
arrest/sei>ure
* !nsuing that thond/ articles
are sent b/ the last for the
chemical examiners report
Circle Inspector/!xcise
Inspector
Within : da/s
5.(isposal of Sei6e7 $e8icles
Sl.No Action 9: /8om )it8in /8at
time
, (ublication of disposal notice and ./ Commissioner of One month
conduct of auction after confscation !xcise
" Confrmation of sale !xcise Commissioner ,; da/s
* .isposal of vehicle to the auction
purchaser
!xcise Inspector /
Circle Inspector of
!xcise
One month from
the date of
auction
= Notice to the %C Owner0
hearing0examination of witnesses /
publication of Notice in newspapers
in case of no %C Owner is found
3sst !xcise
Commissioner
43uthorised O<cer5
Within = months
from sei>ure
; Completion of confscation
proceedings
3uthorised O<cer Within ; months
from sei>ure
? 9ime for appeal before 3ddl
Commissioner / Confrmation b/ the
!xcise Commissioner
One month from
confscation
: .isposal of appeal b/ the 3ddl
Commissioner
3ddl !xcise
Commissioner
One month from
the date of appeal
@ 9ime for fling revision One month
7 .isposal of %evision b/ the !xcise
Commissioner
!xcise Commissioner One month from
the date of
revision
,8 (ublication of disposal notice and
Conduct of 3uction after proper
publicit/
3sst !xcise
Commissioner
9wo months
,, Confrmation of sale !xcise Commissioner One month
," -aximum time ta#en for disposal
from the date of sei>ure
One /ear
;. (isposal of sei6e7 Spirit IMFL Arrac40
3ction '/ whom 9ime limit
, 2ending for Chemicals !xaminerAs
%eport 4from Court5
!xcise Inspector of
the %ange
Within a wee# of 2ei>ure
" %eceipt of Chemical !xaminerAs 9wo months
%eport
* 3pplication for pretrial .isposal0 if
trial not completed of fnal orders not
passed b/ the Court
Within ? months from the
.ate of sei>ure
= Obtain pretrial disposal sanction
)rom the court
Within :months from the
date of sei>ure
; Completion of confscation
(roceedings
3uthorised O<cer Within @ months from the
date of sei>ure
? (roposal for disposal is to be (laced
before the .isposal Committee
3sst !xcise
Commissioner
Within 7 months
: .isposal / .estro/al of the
Confscated thond/ approved b/ the
.isposal Committee as directed b/
the Committee
Within One month of the a
approval b/ the .isposal
Committee
@ -aximum total time ta#en for
disposal
," -onths 4, Bear5
<. "e7ressal of Complaints against 7ela: or non1performance01
, !xcept in cases where there is alread/ a provision in law for appeal / revision0
complaint about unlawful denial or dela/ in the grant of an/ of the permits /
license or in the sending of reports b/ an/ of the o<cers other than the !xcise
Commissioner can be fled before the !xcise Commissioner 9he !xcise
Commissioner will ta#e action on such complaints within a wee# and inform the
complainant about the action ta#en within a fortnight
" Complaint about an/ such dela/ against the !xcise Commissioner can be fled
before the !xcise -inister
Local bodies to get powers to licence liquor shops
The Excise Department has decided to restore the powers of
local self governments to licence and regulate abkari shops in
their jurisdiction.
Excise Minister K. Babu issued orders last night to initiate
steps to restore the powers. The measure will require
amendments to the Panchayat Raj Act and Municipalities Act.
When the laws were enacted in 1994, the local self
governments had been given powers to decide whether they
wanted to allow abkari shops in their area. However, this was
subsequently withdrawn on the ground that such jurisdictions
would come in confict with the abkari policy of the
government.
The sub-committee of the ruling United Democratic Front,
which critically examined the current excise policy of the
government, had recommended that the powers originally
granted to the local self governments should be restored.
As administrative department, the Excise Department issued
orders to give efect to the recommendations. However, the
matter would now have to go through the legislative process.
The government has not yet decided whether to give efect to
decision through an Ordinance or through enactment of
legislation in the Assembly.
CHURCH OPPOSES KERALAS NEW LIQUOR POLICY
Church leaders today said the government should restrict new
licenses for alcohol sales and stop a brewer from opening more
outlets in Kerala.
A political sub-committee met at Thiruvananthapuram.
We have considered all views regarding the liquor policy and
decided to restrict issuing new licenses to hotel bars,said
M.M. Hasan, a senior Congress leader who heads the
committee.
The Church is worried about the Kerala governments draft
liquor policy, which would make alcohol freely available.
The policy proposes that three-star hotels could have a bar
license and would relax a ban on sales within 200 meters of
places of worship, educational institutions and hospitals.
The Church has been campaigning for a liquor-free Kerala. But
adoption of the new policy would foil our attempts and drive
the youth to alcoholism, said Major Archbishop and head of
the Syro-Malabar Church George Alenchery.
Father Thaithottam, president of Keralas anti-liquor
committee, said the new policy runs counter to assurances
given by the ruling coalition and the chief minister.
Alcoholism has destabilized families, leading to suicides, high
crime rates and road accidents, he said.
Liquor Licence in
TAMILNADU
Alcohol policy in Tamil Nadu
From 2003 onwards, sale of alcoholic drinks in Tamil Nadu is
the monopoly of the state government. The agency in
charge is called Tamil Nadu State Marketing Corporation
Limited (Tasmac) and alcoholic drinks are sold exclusively
through Tasmac outlets (unless one goes to a licensed pub).
Having been to a few Tasmac outlets, I found them totally
disgusting. The foors were wet with liquor and God knows
what else. Men drinking inside and behaving in an
uncivilised manner. And the only liquors you get in TN now
are those made in TN. If you want beer, your choices are
limited - Kingfsher (thankfully), Haywards 5000, Vorion
6000, Knockout - the latter three being beer beefed up with
extra alcohol, for a better "kick". And the kind of IMFL thats
available there is third rate, almost like arrack.
Forget wine or champagne that people up the social ladder like
to indulge in. While the Indian wine market is exploding,
and Indian brands like Grovers and Sula are getting
recognised abroad, it is acrying shame that one cannot get
them in TN. The only good wines available in TN are
imported ones at some star hotels for outrageous prices.
And for New Years which I celebrated in Chennai, I had to
buy a bottle of champagne from Bangalore and take it along
with me, since I knew I cannot buy one in TN! As a wine
lover, this is a strong reason for me to hate Chennai!
In Bangalore, you can buy good wine/spirits at outlets like
Food World. I know many women who buy alcohol and not
feel uncomfortable in doing so. However in TN, thanks to
Tasmac, a woman who enters a Tasmac outlet faces a real
danger of being molested, and has to depend on male
friends to buy her alcohol. I don't think any sane woman
would ever enter a Tasmac outlet.
In TN, the social atmosphere is such that people see drinking
as "evil", period. There is no concept of social drinking, or
drinking as a form of relaxation after a tiring working day.
If people drink, it is to get high and behave in a drunken
manner (as is evinced by the super potent beers like
Knockout).
And the politicians are eager to capitalise on this. Tasmac is a
cash cow. Even though it was formed during Jayalalitha's
govt, the present DMK govt has no inclination of
discontinuing its monopoly, since its a hen that lays golden
eggs.
But this kind of negative thinking and govt policy are bound to
take its toll. The IT industry has people with liberal
attitudes in general. Also women make a large portion of it.
This kind of women-unfriendly attitude is bound to make
them leave for other cities like Bangalore which ofer a
better climate and choice of drinks for social drinking.
TN's liquor policy does not
violate norms: HC
The Tamil Nadu Government's liquor policy does not violate
any statutory or Constitutional norms,'' the First Bench of
Madras High Court observed while granting liberty to a Pattali
Makkal Katchi(PMK)Ofce-Bearer to make fresh representation
to the government within two weeks regarding the policy.
If such a representation is made, the Prohibition and Excise
Secretary should consider the same and dispose it of by a
reasoned order within six weeks thereafter.
The Bench comprising Chief Justice A K Ganguly and Justice
F M Ibrahim Kalifulla recorded the Government Pleader's
statement the government was already running 50 de-
addiction centres in the State and it was thinking of starting
similar facilities at more places in the near future.
The Bench disposed the writ petitions fled by Nirmala Raja,
State President of the Pattali Mahalir Sangam, the women's
wing of the PMK.
Ms Raja sought a writ directing the respondents ''Chief
Secretary, Prohibition and Excise Secretary and TASMAC,
represented by its Managing Director'' to desist from fxing
targets to increase the sale of alcohol and IMFL in the State.
She also sought a direction to the authorities to set up de-
addiction centres in every district and organise campaigns to
create awareness of the evils of drinking.
The petitioner's counsel submitted that in Gujarat prohibition
was being implemented. Such a principle could be followed in
Tamil Nadu.
The Government Pleader submitted the sales targets had been
framed by way of internal circulars which were issued to the
department concerned. They were never advertised or brought
to public knowledge. The sales targets had been fxed primarily
to eradicate consumption of illicit liquor and augment public
revenue.
The Bench said the matter involved was about framing of
policy by the State Government.
It was difcult for the court to interfere unless the liquor
policy was in clear violation of any statutory or Constitutional
norm.
''We cannot see the policy, which has been framed by the State
Government, violates any such norms.'' The petitioner had
submitted she had made a representation to the authorities in
March this year and it should be disposed of.
The Bench said the petitioner could make a fresh
representation along with a copy of the court order.
Government of Tamil Nadu
Abstract
Prohibition & Excise - Tamil Nadu Liquor (Retail Vending)
Rules, 1989 - Licensing of Indian Made Foreign Liquor retail
vending shops - Introduction of licensing system - Policy
approved- Orders issued.
PROHIBITION AND EXCISE (VI) DEPARTMENT


G.O.(Ms).No.
113 Dated:
22.6.2001

Read:
1.G.O.Ms.No.104, Prohibition and Excise, dated 17.5.2001.
2.G.O.Ms.No.109, Prohibition and Excise, dated 6.6.2001.
3. G.O.Ms.No.112, Prohibition and Excise, dated 20.6.2001.
-------

ORDER:
The Government have carefully examined the policy to be
adopted for licensing of the Indian Made Foreign Liquor retail
vending shops for the block period 2001-2004 and have
decided that a new licensing system should be followed for
the licensing of the Indian Made Foreign Liquor retail vending
shops for the block period 2001-2004.
2. The Government also direct that,
a) The number of Indian Made Foreign Liquor retail vending
shops for the entire State for the block period 2001-2004 be
fxed at 6000.
b) The privilege fee of the Indian Made Foreign Liquor retail
vending shops for the year 2001-2002 shall be worked out on
notifed area basis, taking the average privilege fee of the last
three years and providing for some suitable increase. There
should be a uniform privilege fee for a given notifed area.
c) A notice inviting applications in a format to be
prescribed for the grant of licence for the year 2001-2002
should be published in the newspapers on 23.6.2001 and
24.6.2001 stipulating 28.6.2001 as the last date for receipt of
applications. In case there are more than one eligible
applications per shop, the selection shall be by drawal of lot in
the presence of the District Collectors and licences shall be
issued thereafter. The District Collectors are instructed to
grant licences on or before 10.7.2001. The shops should start
functioning from 16.7.2001.
d) The licensee should lift the minimum of-take fxed for the
shop by the licensing authority. In case of failure to lift the
minimum of-take consecutively for two months, the licensee
will be liable to pay a penalty in proportion to the loss of
revenue due to non-lifting of stock and if there is default for a
period of another two months consecutively, the licence will be
liable to be cancelled. Necessary amendments to the Tamil
Nadu Liquor (Retail Vending ) Rules, 1989 will be issued
separately in this regard.
3. The Commissioner of Prohibition and Excise and the
Collectors are requested to take immediate action to implement
the orders contained in the paragraph 2 above.

(BY ORDER OF THE GOVERNOR)


B.K. PRASAD,
SECRETA
RY TO GOVERNMENT,

To
The Commissioner of Prohibition and Excise, Chennai-5.
All Collectors.
Copy to:
The Director General of Police, Chennai-4.
The Inspector General of Police(E), Chennai-5.
The Managing Director, Tamil Nadu State Marketing
Corporation Limited, Chennai-8.
The Finance Department, Chennai-9.
The Secretary to Honourable Chief Minister, Chennai-9.
The Senior P.A. to Honourable Minister (Revenue), Chennai-9.
The ofce of the Honourable Chief Minister, Chennai-9.
The Secretariat Library, Chennai-9.
Liquor policy does not violate any statutory norm: court
While stating that the Tamil Nadu governments liquor policy
does not violate any statutory or constitutional norm, the First
Bench of the Madras High Court has granted liberty to a PMK
ofce-bearer to make a fresh representation to the government
within two weeks regarding the policy.
If such a representation is made, the Prohibition and Excise
Secretary should consider the same and dispose it of by a
reasoned order within six weeks thereafter.
The Bench, comprising Chief Justice A.K. Ganguly and Justice
F.M. Ibrahim Kalifulla, recorded the Government Pleaders
statement that the government was already running 50 de-
addiction centres in the State and it was thinking of starting
the facility at more places in the near future.
The Bench disposed of writ petitions fled by Nirmala Raja,
State president of the Pattali Mahalir Sangam, the womens
wing of PMK. Ms. Raja sought a writ directing the respondents
Chief Secretary, Prohibition and Excise Secretary and
TASMAC, represented by its Managing Director to desist from
fxing targets to increase the sale of alcohol and IMFL in the
State. She also sought a direction to the authorities to set up
de-addiction centres in every district and organise campaigns
to create awareness of the evils of drinking.
Petitioners counsel submitted that in Gujarat prohibition was
being implemented. Such a principle could be followed in
Tamil Nadu.
The Government Pleader submitted the sales targets had been
framed by way of internal circulars, which were issued to the
department concerned. They were never advertised or brought
to public knowledge. The sales targets had been fxed primarily
to eradicate consumption of illicit liquor and augment public
revenue.
The Bench said the matter involved was about framing of
policy by the State government. It was difcult for the court to
interfere unless the liquor policy was in clear violation of any
statutory or constitutional norm. We cannot see that the
policy, which has been framed by the State government,
violates any such norm.
The petitioner had said that she had made a representation to
the authorities in March this year and it should be disposed
of.
The Bench said the petitioner could make a fresh
representation along with a copy of the court order.
CHAPTER III
DATA ANALYSIS
CHAPTER IV
CONCLUSION
BIBLIOGRAPHY
QUESTIONER
CONCLUSION
The L-1 licences are given to a company, society, or
manufacturing frm: partnership or proprietorship frm
provided the applicant owns a distillery. The applications for
this are invited through advertisements in leading
newspapers. The prime job of L-1 license holders is to supply
liquor to other license holders.
A number of certifcates need to be submitted along with an L-
1 license application. These are listed below:
Solvency certifcate from SMD
Income tax clearance certifcate
No dues certifcate from collector (excise)
No dues certifcate from sales tax ofcer
Declaration of distillery on afdavit regarding sale and
minimum ex-distillery prices and distance of distillery
from Delhi
CA certifcate for sale and minimum ex-distillery prices
Certifcate from Excise authority regarding sale fgures
Registered partnership deed/memorandum and article of
association
Duly audited annual account and balance sheet of
distillery
Attested copy of the license for establishment of
distillery/winery/bottling unit/brewery
Power of attorney
Attested photocopies of export passes/EVCs verifying the
sale fgures of the whisky and rum brand for which
distillery has applied
Trade Mark Certifcate (TMC)
Usership agreement under Trade & merchandise Marks
Act, 1958
Certifcate from a government authorised laboratory or
other reputed private institution regarding quality of
brand.
An afdavit stating that there is nothing adverse or
against the applicant in view of the provision of rule 7 of
Delhi Intoxicants license and sale rule, 1976
Documentary evidence to prove that the alcohol is
manufactured from natural alcohol (double distilled)
Extra natural alcohol
The IMFL or the beer brand proposed to be sold by the
applicant of the L-1 license should be owned by the distillery
and in respect of the IMFL brands, excluding wine, the
applicant should be in possession of trade mark certifcate in
respect to these brands. However if the brand has been sold
in Delhi before 1993-94 the TMC is not required. For the
approval of rum and whiskey brands, the brand must have
sold a minimum quantity in the all India market excluding
Delhi as indicated in the terms and conditions.
Once the license is approved, the applicant has to submit the
following:
Registration of brands
Approval of bonded warehouse
Approval of label
Fixation of ex-distillery prices
Distilleries and breweries also have a bone of contention with
the liquor policy of the government. According to the
Constitution of India, under Article 47, it is the
"Duty of the state to raise the level of nutrition and the
standard of living and to improve public health--the state
shall regard the raising of the level of nutrition and the
standard of living of its people and the improvement of
public health as among its primary duties and in
particular, the state shall endeavour to bring about
prohibition of the consumption except for medical
purposes of intoxicating drinks and drugs which are
injurious to health."
However experience of prohibition in other countries has
shown that the prohibition would be counter productive.
Therefore, the Delhi government grants a privilege to the
distilleries with regulations, without granting any right to
trade in liquor.
BIBLIOGRAPHY
INTERNET
o indianwine.com/cs/blogs/indian...liquor+policy/default.aspx
o www. indianalcoholpolicy .org/
o www.timesofindia.indiatimes.com
BOOKS
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