Establishment of distillers and warehouses

Section 16 of the Andhra Pradesh Excise Act, 1968 deals with establishment of distillers and warehouses. The Commissioner may, with the previous sanction of the Government,- (a) establish or continue a distillery in which spirit may be manufactured [XXXX] on such conditions as the Government may impose;

Establishment of distillers and warehouses - (1) The Commissioner may, with the previous sanction of the Government,- (a) establish or continue a distillery in which spirit may be manufactured 1[XXXX] on such conditions as the Government may impose;

(b) discontinue any distillery so established or continued;

(c) licence, on such conditions as the Government may impose, the construction and working of a distillery or brewery;

(d) establish, continue or licence a warehouse wherein intoxicants may be deposited and kept;

(e) discontinue any warehouse so established or continued.

(2) A warehouse established under sub-section (1), shall be for general accommodation of intoxicants subject to duty, pending removal for local consumption or for export.

(3) Without the sanction of the Government, no person shall remove any intoxicant from any distillery, brewery, warehouse or other place of storage established, continued or licensed under this Act, unless the duty, if any, imposed under this Act has been paid. 2[Provided that the provisions of this section in so far as they relate to establishing, continuing or licensing a distillery shall apply only to those distilleries which manufacture spirits for potable purpose and other regulatory provisions relating to regulation and supervision, shall be applicable to all distilleries.] 3[17. Grant of exclusive privilege of manufacture, etc., - (1) Subject to the provisions of section 28 and may rules made in this behalf, the Government may, subject to such conditions as they may deem fit to impose, grant for a fixed period to any person, either jointly or severally, at any place, within any such area in the State as may be specified, a lease or license or both for the exclusive privilege,- (i) of tapping, drawing toddy from any excise tree or selling or of both; or (ii) of manufacturing; or (iii) of supplying or selling by wholesale or of both; or (iv) of manufacturing, of supplying and selling by wholesale; or (v) of selling by shop; or (vi) of selling Bar; or (vii) of selling by In-house; or (viii) of selling or using for bonafide purpose as may be specified any liquor or other intoxicant or material as may be specified in the said order.] (By Bare Act of 1968 of 17 Section) (2) it shall be lawful for the Government to prescribe from time to time different methods of selection for grant of exclusive privilege for different purposes under sub-section (1).

(3) Notwithstanding anything contained in sub-section (1), a lease or licence or both in respect of 'Shop' may be granted 4[for a period not exceeding two years at a time].

(4) No grantee of any privilege under subsection (1) or sub-section (3) shall exercise the same unless the Commissioner of Prohibition & Excise or any other officer authorised in this behalf issues a licence. 1 .Omitted by the Act No.23 of 1971, S.2 2 . Added by the Act No.11 of 2000, S.3 3. New section substituted by the Act No. 10 of 1984, S.2, and substituted by the Act No. 35 of 2005 4 . Substituted by the Act No.39 of 2006, S.2 (5) The Government may confer on any officer all or any of the powers mentioned in sub-sections (1) and (3).

(6) The Commissioner of Prohibition and Excise, may after due enquiry as he may deem fit, permit a licence holder in respect of manufacture of any liquor or intoxicant to sub-let such a privilege and grant a licence to the person who holds the sub-lease, on collection of such fee as may be prescribed.]

Section 16, The Andhra Pradesh Excise Act, 1968 (Act 17 of 1968).