Continued from yesterday
Chapter
VI
Liabilities
of Licence Holder
25. A person who has obtained an excise licence shall comply with the terms and conditions contained in the relevant excise licence and shall systematically maintain records and registration books relating to the liquor business.
26.
A licence holder shall comply with the instructions issued from time to time by
the Ministry or the Department.
Chapter
VII
Application,
Permission and Refusal for Change of Name of Excise Licence Holder, Location,
Licence Type, and Closure of Licence
27.
A person who wishes to carry out any of the following matters may apply to the
relevant district excise officer in accordance with the prescribed procedures,
(a)
change of the name of the licence holder
(b)
change of the location described in the licence
(c)
change from one type of excise licence to another type of excise licence
(d)
closure of an excise licence.
28.
(a) When the district excise officer receives an application for any matter
mentioned in Section 27, he/she shall require the township excise officer to
scrutinize and report whether it complies with the prescribed requirements.
(b)
The township excise officer shall scrutinize the matter and submit it to the
district excise officer together with his/her remarks in accordance with the
prescribed procedures.
(c)
Upon receiving the submission under subsection (b), the district excise officer
shall:
(1)
submit it together with his/her remarks to the Region or State Excise Officer.
(2)
submit it together with his/her remarks to the Nay Pyi Taw Excise Officer in
the Union Territory.
29.
When relevant Region or State Excise Officer or the Nay Pyi Taw Excise Officer
(a)
receive the submission under Section 28(c)-
(1)
he/she shall request the remarks of the relevant Region or State Government
within the region or state.
(2)
request the remarks of the Nay Pyi Taw Council in the Union Territory.
(b)
upon receiving the requested remarks under subsection (a), submit them together
with your own remarks to the Department.
30.
(a) Upon receiving the submission under Section 29 (b), the Department shall
scrutinize whether it complies with the prescribed requirements and may approve
or refuse the application.
(b)
A person who receives approval for changes in accord with Section 27 (a), (b)
or (c) shall pay the prescribed excise licence fee.
Chapter
VIII
Application,
Permission and Refusal for Liquor Storage
31.
If an excise licence holder wishes to store alcohol produced by him/her or
alcohol that he/she is authorized to distribute at a place other than the
originally approved location stated in the excise licence, he/she shall apply
to the relevant district excise officer for an alcohol storage permit in
accordance with the procedures.
32.
When the district excise officer receives the application under Section 31,
(a)
he shall submit it together with his remarks to the Region or State Excise
Officer in the region or state.
(b)
shall submit it together with his remarks to the Nay Pyi Taw Excise Officer in
the Union Territory.
33.
When the Region, State or Nay Pyi Taw Excise Officer
(a)
receives applications under Section 32, together with his remarks, he shall
(1)
request the remarks of the relevant Region or State Government within the
region or state.
(2)
request the remarks of the Nay Pyi Taw Council in the Union Territory.
(b)
upon receiving the requested remarks under subsection (a), the district excise
officer shall perform in accordance with these remarks.
34.
The district excise officer shall grant or refuse the liquor storage permit
applied for under Section 31 in accordance with the instructions under Section
33(b).
35.
The Department, with the approval of the Ministry, may prescribe the types,
quantities, and amounts of alcohol that may be possessed without obtaining an
excise licence.
Chapter
IX
Application,
Permission and Refusal for Liquor Transport
36.
Any licence holder wishes to transport alcohol produced by him/her or alcohol
that he/she is authorized to distribute to a person holding a distribution
excise licence or a sales excise licence, he/she shall apply to the relevant
district excise officer in accordance with the procedures.
37.
When the district excise officer receives the application under Section 36,
(a)
he shall examine whether it complies with the prescribed requirements.
(b)
after examination under subsection (a), he may issue the alcohol transport
permit or refuse the application.
Chapter
X
Application,
Permission and Refusal for Establishment or Expansion of Alcohol, Beer or Wine
Factories
38.
A person who wishes to carry out any of the following matters shall apply to
the Department for permission in accordance with the procedures,
(a)
establishment of an alcohol, beer or wine factory
(b)
expansion of a factory that has already been granted establishment permission,
and expansion of the scale of excise operations at the permitted location
(c)
expansion of the factory area beyond the permitted land area and expansion of
the scale of excise operations stated in the excise licence
(d)
the relocation of a factory that has been granted establishment permission to
another location.
39.
A person wishing to carry out any matter mentioned in Section 38 shall,
(a)
apply to the Department together with the remarks of the relevant Region or
State Government if the factory is to be established within the region or state
(b)
apply to the Department together with the remarks of the Nay Pyi Taw Council if
the factory is to be established within the Union Territory.
40.
(a) When the Department receives the application under Section 39,
(1)
it shall scrutinize whether it complies with the prescribed requirements,
(2)
after scrutiny under subsection (1), it may issue or refuse permission for any
matter under Section 38 with the approval of the Ministry.
(b)
A person who receives permission for any matter under Section 38 shall pay the
fees prescribed by the Department, including the security deposit.
41.
A person who receives permission for any matter under Section 38 shall:
(a)
report to the Department and obtain guidance for activities, including land
preparation for factory establishment and installation of machinery, and shall
also undergo inspection by the Department
(b)
after establishing the factory, apply for an excise licence for production in
accordance with the procedures
Chapter
XI
Distribution
and Sales
42.
Anyone who wishes to distribute, sell, or transport toddy sap for commercial
purposes – other than distributing, selling, or transporting it in accordance
with the prescribed rules to a person holding an excise licence – shall apply
for and obtain the relevant excise licence or a transport permit.
Explanation:
Distribution, sale, or transport for commercial purposes means distribution,
sale, or transport exceeding 50 litres.
43.
A holder of a liquor distribution licence who wishes to distribute liquor
through an online system to another person holding a liquor distribution or
sales licence shall do so in accordance with the stipulations issued under this
Law or any other existing law.
44.
A holder of a liquor manufacturing licence, an excise licence for production as
a value-added product, or a liquor bottling licence shall distribute or sell
liquor only after obtaining approval from the relevant government department or
government organization certifying that each type of liquor is suitable for
consumption.
Chapter
XII
Export
and Import
45.
A holder of a liquor manufacturing licence, a liquor licence for production as
a value-added product, or a liquor distribution licence may export liquor to
foreign countries in accordance with the stipulations issued under this Law or
any other existing law.
46.
A holder of a liquor distribution licence may import liquor from abroad in
accordance with the stipulations issued under this Law or any other existing
law.
47.
The Department may, if necessary, restrict the importation of liquor from
abroad with the approval of the Ministry.
Chapter
XIII
Inspection,
searching and taking action against excisable businesses
48.
The Director-General –
(a)
shall inspect excisable businesses holding an excise licence.
(b)
shall himself do the inspection or transfer the authority of inspection to an
officer not lower than the staff officer level or a team comprising more than
one member.
49.
The District Excise Officer or Township Excise Officer shall inspect places
where liquor is manufactured, distributed, or sold to determine whether they
comply with the prescribed requirements.
50.
Excise officers at different levels shall:
(a)
inspect, in accordance with the prescribed requirements, the following
excise-related premises and vehicles transporting liquor or excisable
substances:
(1)
places where liquor or excisable substances are manufactured;
(2)
places where liquor or excisable substances are produced as value-added
products;
(3)
places where liquor or excisable substances are stored;
(4)
places where liquor or excisable substances are distributed;
(5)
places where liquor or excisable substances are sold.
(b)
examine the accounts and registration books relating to excise businesses.
(c)
inspect, test, and weigh any liquor, excisable substances, or equipment found
during inspections conducted under subsection (a), in accordance with the
prescribed requirements.
(d)
if, during inspections carried out under subsections (a), (b), or (c), it is
found upon scrutiny that any provision of this Law, rules, regulations,
notifications, orders, directives, or procedures, or any condition contained in
an authorized excise licence, has not been complied with, take action in
accordance with the law.
51.
If the Township Excise Officer considers it necessary for the maintenance of
public peace and tranquillity, he or she may, upon obtaining the approval of
the Township Supervisory and Inspection Team, submit the matter to the relevant
District Excise Officer and direct the temporary closure of a place where
liquor is distributed or sold for a specified time or period.
52.
If reliable information is received that a riot likely to disturb the public or
an unlawful assembly may occur or is occurring near a place where liquor is
distributed or sold, the Ward or Village-tract Administrator or the officer in
charge of the relevant police station may, with the approval of the Township
Excise Officer, order the temporary closure of such place for an appropriate
period of time.
53.
A holder of the relevant excise licence shall:
(a)
temporarily close the place where liquor is distributed or sold if a directive
is issued under Section 51 or Section 52.
(b)
even if no directive is issued under Section 52, temporarily close the place
where liquor is distributed or sold if any of the following situations occur:
(1)
a riot likely to disturb the public occurs near the place where liquor is
distributed or sold;
(2)
an unlawful assembly occurs near the place where liquor is distributed or sold.
Chapter
XIV
Taking
action in the management means
54.
If a holder of an excise licence fails to comply with any stipulation contained
in the rules, regulations, notifications, orders, directives, or procedures
issued under this Law, or with any condition of the excise licence, or if a
permit holder fails to comply with any stipulation under Section 41(a), the
Director-General may impose one or more of the following administrative
penalties:
(a)
issuing a written warning;
(b)
imposing a fine;
(c)
suspending the excise licence or permit for a specified period;
(d)
revoking the excise licence or permit.
Chapter
XV
Appeal
55.
(a) If a holder of an excise licence is dissatisfied with an order imposed by
the Director-General under Section 54, he or she may file an appeal to the
Ministry within 60 days from the date the order is issued.
(b)
The Ministry may confirm, amend, or revoke the order imposed by the
Director-General.
(c)
The decision of the Ministry shall be final.
Chapter
XVI
Prohibitions
56.
No person shall distribute, sell, or transport toddy sap for commercial
purposes without an excise licence or a transport permit, except for
distributing, selling, or transporting it to a person holding an excise licence
in accordance with the prescribed requirements.
57.
No person shall, in relation to distilled liquor:
(a)
manufacture, bottle, distribute, or sell it without an excise licence;
(b)
store it without a storage permit;
(c)
transport it without a transport permit.
58.
No person shall, in relation to wine:
(a)
manufacture it without an excise licence;
(b)
bottle it without an excise licence;
(c)
export it without a manufacturing excise license or a distribution excise
licence;
(d)
import it from abroad without a distribution excise licence;
(e)
store it without a storage permit;
(f)
distribute or sell it without an excise licence;
(g)
transport it without a transport permit;
(h)
transport it in violation of the conditions contained in the transport permit.
59.
No person shall, in relation to locally produced liquor:
(a)
manufacture it without an excise licence;
(b)
produce it as a value-added product without an excise licence;
(c)
bottle it without an excise licence;
(d)
export it without a manufacturing excise licence or a distribution excise
licence;
(e)
store it without a storage permit;
(f)
distribute or sell it without an excise licence;
(g)
transport it without a transport permit;
(h)
transport it in violation of the conditions contained in the transport permit.
60.
No person shall produce toddy sap or distilled liquor as a value-added product
without an excise licence.
61.
No person shall, in relation to liquor produced as a value-added product:
(a)
bottle it without an excise licence;
(b)
export it abroad without a manufacturing excise licence or a distribution
excise licence;
(c)
store it without a storage permit;
(d)
distribute or sell it without an excise licence;
(e)
transport it without a transport permit;
(f)
transport it in violation of the conditions contained in the transport permit.
Chapter
XI
Distribution
and Sales
42.
Anyone who wishes to distribute, sell, or transport toddy sap for commercial
purposes – other than distributing, selling, or transporting it in accordance
with the prescribed rules to a person holding an excise licence – shall apply
for and obtain the relevant excise licence or a transport permit.
Explanation:
Distribution, sale, or transport for commercial purposes means distribution,
sale, or transport exceeding 50 litres.
43.
A holder of a liquor distribution licence who wishes to distribute liquor
through an online system to another person holding a liquor distribution or
sales licence shall do so in accordance with the stipulations issued under this
Law or any other existing law.
44.
A holder of a liquor manufacturing licence, an excise licence for production as
a value-added product, or a liquor bottling licence shall distribute or sell
liquor only after obtaining approval from the relevant government department or
government organization certifying that each type of liquor is suitable for
consumption.
Chapter
XII
Export
and Import
45.
A holder of a liquor manufacturing licence, a liquor licence for production as
a value-added product, or a liquor distribution licence may export liquor to
foreign countries in accordance with the stipulations issued under this Law or
any other existing law.
46.
A holder of a liquor distribution licence may import liquor from abroad in
accordance with the stipulations issued under this Law or any other existing
law.
47.
The Department may, if necessary, restrict the importation of liquor from
abroad with the approval of the Ministry.
Chapter
XIII
Inspection,
searching and taking action against excisable businesses
48.
The Director-General –
(a)
shall inspect excisable businesses holding an excise licence.
(b)
shall himself do the inspection or transfer the authority of inspection to an
officer not lower than the staff officer level or a team comprising more than
one member.
49.
The District Excise Officer or Township Excise Officer shall inspect places
where liquor is manufactured, distributed, or sold to determine whether they
comply with the prescribed requirements.
50.
Excise officers at different levels shall:
(a)
inspect, in accordance with the prescribed requirements, the following
excise-related premises and vehicles transporting liquor or excisable
substances:
(1)
places where liquor or excisable substances are manufactured;
(2)
places where liquor or excisable substances are produced as value-added
products;
(3)
places where liquor or excisable substances are stored;
(4)
places where liquor or excisable substances are distributed;
(5)
places where liquor or excisable substances are sold.
(b)
examine the accounts and registration books relating to excise businesses.
(c)
inspect, test, and weigh any liquor, excisable substances, or equipment found
during inspections conducted under subsection (a), in accordance with the
prescribed requirements.
(d)
if, during inspections carried out under subsections (a), (b), or (c), it is
found upon scrutiny that any provision of this Law, rules, regulations,
notifications, orders, directives, or procedures, or any condition contained in
an authorized excise licence, has not been complied with, take action in
accordance with the law.
51.
If the Township Excise Officer considers it necessary for the maintenance of
public peace and tranquillity, he or she may, upon obtaining the approval of
the Township Supervisory and Inspection Team, submit the matter to the relevant
District Excise Officer and direct the temporary closure of a place where
liquor is distributed or sold for a specified time or period.
52.
If reliable information is received that a riot likely to disturb the public or
an unlawful assembly may occur or is occurring near a place where liquor is
distributed or sold, the Ward or Village-tract Administrator or the officer in
charge of the relevant police station may, with the approval of the Township
Excise Officer, order the temporary closure of such place for an appropriate
period of time.
53.
A holder of the relevant excise licence shall:
(a)
temporarily close the place where liquor is distributed or sold if a directive
is issued under Section 51 or Section 52.
(b)
even if no directive is issued under Section 52, temporarily close the place
where liquor is distributed or sold if any of the following situations occur:
(1)
a riot likely to disturb the public occurs near the place where liquor is
distributed or sold;
(2)
an unlawful assembly occurs near the place where liquor is distributed or sold.
Chapter
XIV
Taking
action in the management means
54.
If a holder of an excise licence fails to comply with any stipulation contained
in the rules, regulations, notifications, orders, directives, or procedures
issued under this Law, or with any condition of the excise licence, or if a
permit holder fails to comply with any stipulation under Section 41(a), the
Director-General may impose one or more of the following administrative
penalties:
(a)
issuing a written warning;
(b)
imposing a fine;
(c)
suspending the excise licence or permit for a specified period;
(d)
revoking the excise licence or permit.
Chapter
XV
Appeal
55.
(a) If a holder of an excise licence is dissatisfied with an order imposed by
the Director-General under Section 54, he or she may file an appeal to the
Ministry within 60 days from the date the order is issued.
(b)
The Ministry may confirm, amend, or revoke the order imposed by the
Director-General.
(c)
The decision of the Ministry shall be final.
Chapter
XVI
Prohibitions
56.
No person shall distribute, sell, or transport toddy sap for commercial
purposes without an excise licence or a transport permit, except for
distributing, selling, or transporting it to a person holding an excise licence
in accordance with the prescribed requirements.
57.
No person shall, in relation to distilled liquor:
(a)
manufacture, bottle, distribute, or sell it without an excise licence;
(b)
store it without a storage permit;
(c)
transport it without a transport permit.
58.
No person shall, in relation to wine:
(a)
manufacture it without an excise licence;
(b)
bottle it without an excise licence;
(c)
export it without a manufacturing excise license or a distribution excise
licence;
(d)
import it from abroad without a distribution excise licence;
(e)
store it without a storage permit;
(f)
distribute or sell it without an excise licence;
(g)
transport it without a transport permit;
(h)
transport it in violation of the conditions contained in the transport permit.
59.
No person shall, in relation to locally produced liquor:
(a)
manufacture it without an excise licence;
(b)
produce it as a value-added product without an excise licence;
(c)
bottle it without an excise licence;
(d)
export it without a manufacturing excise licence or a distribution excise licence;
(e)
store it without a storage permit;
(f)
distribute or sell it without an excise licence;
(g)
transport it without a transport permit;
(h)
transport it in violation of the conditions contained in the transport permit.
60.
No person shall produce toddy sap or distilled liquor as a value-added product
without an excise licence.
61.
No person shall, in relation to liquor produced as a value-added product:
(a)
bottle it without an excise licence;
(b)
export it abroad without a manufacturing excise licence or a distribution
excise licence;
(c)
store it without a storage permit;
(d)
distribute or sell it without an excise licence;
(e)
transport it without a transport permit;
(f)
transport it in violation of the conditions contained in the transport permit.
To
be continued
#TheGlobalNewLightOfMyanmar
No comments:
Post a Comment