LexThe Telangana Regulation of Trade in Indian Made Foreign Liquor, Foreign Liquor Act, 1993.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA [REGULATION OF TRADE IN INDIAN MADE
FOREIGN LIQUOR, FOREIGN LIQUOR] ACT, 1993.
(ACT NO.15 OF 1993)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Termination of licences to sell Indian Made Foreign
Liquor etc., in wholesale.
4. Taking over of wholesale trade in Indian Made Foreign
Liquor.
4-A. Levy of Trade margin, Privilege fee etc.
4-B. Remittance to the Government.
4-C. Privilege fee etc., under sections 23(1), 23-A and 23-B of
the Telangana Excise Act to be the income of the
Government.
5. Termination of licences to sell Indian Made Foreign
Liquor in retail.
6. Regulation of Sale in Shop, Bar and by in-house
Licence.
7. Prohibition of private trade in Indian Made Foreign
Liquor etc.
8. Offences by Companies.
9. Abatement of applications.
10. Act not to apply to canteen stores department.
11. Overriding effect.
12. Power to make rules.
13. Repeal of Ordinance.
THE TELANGANA [REGULATION OF TRADE IN INDIAN
MADE FOREIGN LIQUOR, FOREIGN LIQUOR] ACT, 1993.1
ACT No.15 OF 1993.
1. (1) This Act may be called the 2Telangana 3[Regulation
of Trade i n *[Indian Made Foreign Liquor], Foreign Liquor]
Act, 1993.
(2) It extends to the whole of the State of Telangana.
(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.
2. In this Act, unless the context otherwise requires,-
(1) “appointed date” means the date appointed under
sub-section (3) of section 1.
1. The Andhra Pradesh (Regulation of Wholesale Trade and Distribution
and Retail Trade in Indian Liquor, Foreign Liquor, Wine and Beer) Act,
1993 received the assent of the President on the 4th September, 1993.
The said Act amended from time to time and in force in the combined
State, as on 02.06.2014, has been adapted to the State of Telangana,
under section 101 of the Andhra Prades h Reorganisation Act, 2014
(Central Act 6 of 2014) vide. the Notification issued in G.O.Ms.No.7,
Revenue (Excise-II) Department, dated 06.01.2016.
2. Substituted by G.O.Ms.No.7, Revenue (Excise -II) Department, dated
06.01.2016.
3. Substituted by Act No.24 of 2005.
* Throughout the Act for the words “Indian Liquor” the words “Indian
Made Foreign Liquor” substituted by Act No.17 of 2006.
Short title, extent
and
commencement.
Definitions.
2 [Act No.15 of 1993]
(2) “Commissioner” means the Officer appointed under
section 3 of the #Telangana Excise Act, 1968.
4[(2-a) “TSBCL” means Telangana State Bevarages
Corporation Limited.]
(3) The words and expressions used but not defined in
this Act shall have the meaning assigned to them in the
#Telangana Excise Act, 1968 , and the rules made
thereunder.
3. (1) Notwithstanding anything contained in the
#Telangana 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 #Telangana Excis e 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 sel l *[Indian
Made Foreign Liquor] , Foreign liquor, Wine and Beer in
wholesale and r emaining in force on the appoin ted date
shall stand terminated with effect on and from the appointed
date and thereupon the licensing authority shall be free from
all obli gations 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
# The Andhra Pradesh Excise Act, 1968 has been adapted as the
Telangana Excise Act, 1968 (Act XVII of 1968) under section 101 of the
A.P.Reorganisation Act, 2014 (Central Act 6 of 2014) vide.
G.O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015.
4. Inserted by G.O.Ms.No.7, Revenue (Excise -II) Department, dated
06.01.2016.
Termination of
licences to sell
*[Indian Made
Foreign Liquor]
etc., in wholesale.
Act XVII of 1968.
Act XVII of 1968.
Act XVII of 1968.
[Act No.15 of 1993] 3
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 Go vernment shall, takeover
the entire stock of *[Indian Made Foreign 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 o f *[Indian Made Foreign 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 consequen t on the orders
placed by such holder with the appliers in pursuance of
permits granted by the competent authority under the
#Telangana Excise Act, 1968 and the rules made
thereunder.
4. (1) Notwithstanding anything contained in the
#Telangana Excise Act, 1968 the right to carry on whole sale
trade and distribution of *[Indian Made Foreign 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 5[Telangana
State 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 Made
Foreign Liquor], Foreign liquor, Wine and Beer on behalf of
5. Substituted by G.O.Ms.No.7, Revenue (Excise -II) Department, dated
06.01.2016.
Taking over of
wholesale trade in
*[Indian Made
Foreign Liquor].
Act XVII of 1968.
4 [Act No.15 of 1993]
the Government, for the whole of the State of Telangana 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 r emoval of doubts it is hereby
declared that the 6[Telangana State Beverages Corporation
Limited] shall, while carrying the wholesale trade and
distribution of *[Indian Made Foreign Liquor], Foreign liquor,
Wine and Beer under this section shall be deemed t o be an
authority acting on behalf of the Government for purpose of
section 68A of the Telangana Excise Act, 1968.
(2) The 6[Telangana State Beverages Corporation
Limited] shall open its branches in the State in such place
and subject to such conditions as the Commission may
specify.
(3) Until the date on which the 6[Telangana State
Beverages Corporation Limited] commences supplying, by
whole sale, *[Indian Made Foreign L iquor], Foreign liquor,
Wine and Beer retail dealers or till the date of the expiry of a
period of two months commencing on and from the
appointed date whichever is earlier, the Government shall as
an interim measure, effect supply, by whole sale, of *[Indian
Made Foreign Liquor] , Foreign liquor, Wine and Beer to
Bars, Clubs and Military Canteens and the retail dealers
directly through the officers of the Government.
7[4-A. The Government shall from time to time, specify the
Trade margin, Privilege Fee or any other levy, by whatever
6. Substituted by G.O.Ms.No.7, Revenue (Excise -II) Department, dated
06.01.2016.
7. Sections 4 -A, 4-B & 4-C inserted with marginal headings by Act No.5
of 2012 w.e.f.21.07.1993.
Levy of Trade
margin, Privilege
fee etc.
[Act No.15 of 1993] 5
name called, to be collected by the 8Telangana State
Beverages Corporation Limited from the holders of licences.
4-B. The a mount realized under section 4A, being the
income of the Government, shall be remitted by the
8Telangana State Beverages Corporation Limited to the
Government in the manner specified by the Government.
4-C. Notwithstanding anything contained in this Act, the
#Telangana Excise Act, 1968 and the rules made there
under or any order issued by the Government or the
Commissioner of Prohibition and Excise, all amounts paid
by the Corporation from 21 -07-1993 to the Commissioner of
Prohibition and Excise or the Governme nt as Privilege Fee
or Special Privilege Fee or any other fee or cess, by
whatever name called, in consideration of the privilege
conferred on the Corporation, as per the provisions of
sections 23(1), 23-A and 23-B of the #Telangana Excise Act,
1968 shall be deemed to be and always dee med to have
been the income of the Government and due payment for
the relevant years in terms of section 4B.]
5. Notwithstanding anything contained in the Telangana
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 agreeme nt entered into with the licensing
authority under the #Telangana Excise Act, 1968 and the
licence prior to the appointed date or any other law for the
time being in force, every licence granted to sell *[Indian
Made Foreign 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
8. Incorporated a new corporation in the name and style of Telangana
State Beverages Corporation Limited (TSBCL) vide G.O.Ms.No.187,
Revenue (Excise-II) Department, Dated 16.05 .2014 r/w. G.O.Ms.No.246,
Revenue (Excise-II) Department, Dated 29.05.2014.
Termination of
licences to sell
*[Indian Made
Foreign Liquor] in
retail.
Central Act IX of 1872.
Remittance to the
Government.
Privilege fee etc.,
under sections
23(1), 23-A and
23-B of the
#Telangana
Excise Act to be
the income of the
Government.
Act XVII of 1968.
Remittance to the
Government.
6 [Act No.15 of 1993]
and thereupon the licensing authority shall be free from all
obligations ar ising 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 te rminated 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 licence enjoyed by the
licence before its termination under this section.
9[6. On and from the appointed date, the sale by Shop, Bar
or in -house in *[Indian Made Foreign Liquor] and Foreign
Liquor shall be regulated by rules made by the Go vernment
in that behalf and not withstanding anything contained in
section 5, it shall be compete nt for the Government to
provide in such rules any transitional arrangements for
carrying on the trade by Shop, Bar or in -house until such
trade as regulated under such rules comes into being and
also with regard to the stocks of *[Indian Made Foreign
Liquor] and Foreign Liquor remaining on the appointed date
with Shop, Bar or In-house.]
7. (1) No person shall import, export or otherwise carry on
wholesale trade in *[Indian Made Foreign Liquor] , Foreign
Liquor, Wine and Beer or carry on retail trade in *[Indian
Made Foreign 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
9. Substituted with marginal heading by Act No.24 of 2005.
Regulation of Sale
in Shop, Bar and
by in-house
Licence.
Prohibition of
private trade in
*[Indian Made
Foreign Liquor]
etc.
[Act No.15 of 1993] 7
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.
8. (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 withou t 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 offenc e 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.
Offences by
Companies.
8 [Act No.15 of 1993]
9. Notwithstanding anything contained in the #Telangana
Excise Act, 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 the nature referred to in sections 3
and 5 and pending before the Commissioner or before the
State Go vernment or an y 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.
10[10. Nothing contained in this Act shall apply to Military
Canteen Stores Department dealing in *[Indian Made
Foreign Liquor] and Foreign Liquor.]
11. The provisions of this Act shall have effect
notwithstanding anything contained in the #Telangana
Excise Act 1968.
12. (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 Legislature 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 whic h it is so laid or the session immediately
following, the Legislature 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
10. Substituted with marginal heading by Act No.24 of 2005.
Abatement of
applications.
Act not to apply to
canteen stores
department.
Overriding effect.
Power to make
rules.
Act XVII of 1968.
Act XVII of 1968.
[Act No.15 of 1993] 9
modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
13. The Andhra Pradesh (Regulation of Wholesale Trade
and Distributor and Retail Trade in Indian Liquor, Foreign
Liquor, Wine and Beer) Ordinance, 1993 is hereby repealed.
* * *
Repeal of
Ordinance 5 of
1993.