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MEDICINAL & TOILET
PREPARATION ACT 1955
Introduction
 Alcohol is used in the manufacturing of
medicines and toilet preparations.
 It can be also used as a euphoric drink.
 It is essential to control the issue and
transport of alcohol.
 This act was passed to make uniformity in
excise duty in different state because before
this act was passed out each state has its own
rules of excise duty.
5/13/2018 2
objectives
 Levy and collection of duties
 Curb all irregularities of previous act.
5/13/2018 3
Licensing procedure
 For the preparation containing alcohol and
narcotic substances.
 Obtained from narcotic commissioner.
 Applied with prescribed fee and format.
5/13/2018 4
 Details required:
 Name and address of applicant
 Place/site of the bonded laboratory
 If applicant is a firm then name and address of partners
 If applicant is a company then name address of
directors, managers and managing agents and reg. no.
of company.
 Amount of capital proposed.
 Number and full description of vats, stills and other
apparatus and machinery.
 Maximum quantity of alcohol remain at one time in
the form of finished and unfinished preparations
5/13/2018 5
 Approximate date of starting production.
 Statement indicating that excise officer required full
time or part time.
 Site and elevation plant of laboratory building
 Incase of firm copy of partnership deed.
 Incase of company list of directors managers, copies
of memorandum of association, articles of association
and latest balance sheet.
 On receiving application licensing authority verify.
1. Qualification and experience of technical staff.
2. Equipments
3. Suitability of proposed building.
4. Soundness of applicant financial position.
5/13/2018 6
Differences in payment of fees
Manufacture in bond Manufacture outside
bond
Consumption of alcohol < 4000 liter/ year--
-Rs. 100
Consumption of alcohol is 125 liter/ year---
Rs. 10.
Consumption of alcohol ≥ 4000 liter/ year--
-Rs. 200
Consumption of alcohol is 126-499 liter/
year---Rs. 25
Self generating alcohol by distillation in
Ayurvedic & Unani medicines---Rs.25
Consumption of alcohol < 4000 liter/ year--
-Rs. 100
Self generating alcohol by distillation in
Ayurvedic & Unani medicines---Rs.25
5/13/2018 7
Manufacture in bond
 Without payment of duty rectified spirit is issued with
sufficient securities and bond.
 Bonded laboratory:
 Ideal requirements
1. Spirit store
2. Room for manufacturing of medicinal preparations.
3. Room for storage of finished preparations.
4. Room for manufacturing and storage of Toilet
preparations
5. Accommodations for excise officer with furniture.
5/13/2018 8
1. Obtaining the spirit
2. Verification and storage of received spirit
3. Issue of spirit from spirit store to manufacturing
4. Wastage of spirit in manufacture.
5. Storage of finished product.
6. Issue of alcoholic preparations from bonded
laboratory.
7. Exemptions
Manufacturing
room
Finished good
storage
Spirit store Excise officer
5/13/2018 9
Manufacture outside bond
 With payment of duty
 Non –bonded laboratory:
 A spirit store
 A finished good store
 A laboratory
 Manufacturing:
1. Obtaining the spirit
2. Manufacture, storage and sale
3. Sampling
4. Returns
5. Employees
6. Inspection
5/13/2018 10
Manufacture Of Ayurvedic, Homeopathic And
Patent And Proprietary Preparations
Ayurvedic preparation containing
alcohol
Containing self generated alcohol
Alcohol content
<2%
Exempt from
duty
Alcohol content >2%
Not capable of consuming as
ordinary alcoholic beverages–
exempt from duty
Capable of consuming as
alcohol beverages---Rs. 1 / liter
Prepared by distillation or alcohol is
added
Duty Rs 52.8 /liter of
pure alcohol content
5/13/2018 11
Warehousing Of Alcoholic Preparations
 To store alcoholic preparation on which duty has not been
paid.
 License can be issued by payment of fees Rs.25 with bond
and security.
 Duty will be paid at the time of removal of goods from
warehouse.
 All goods should be weighed, gauged and assessed the duty
and recorded.
 No goods can be issued without payment of duty except
export from India or transfer to another bonded warehouse.
 Movement of goods between two warehouse should be
done by bond and security of twice amount of duty.
 Goods can be stored for maximum period of 3 years.
5/13/2018 12
Inter State Transport
 Transport only after payment of duty.
 If transport in bonded laboratory then exempted
from duty.
5/13/2018 13
Export of alcoholic preparation
Export under bond Export outside the bond
Without payment of duty With payment of duty
Exporter apply in triplicate to excise
officer
Exporter apply in duplicate to excise
officer
Exporter should mention the means
export either by land, sea, air or post
Export should give 48 hour notice before
exporting date
Exporter Should give separate application
for different means of export
Exporter should present entire
consignment to excise officer
Excise officer take samples and send for
analysis on the basis of it permit for export
All goods should contain serial no., owners
name & mark, total qty of dutiable goods,
alcoholic strength, name & address of
consignee, gross wt of each package
All goods should contain serial no., owners
name & mark, total qty of dutiable goods,
alcoholic strength, name & address of
consignee, gross wt of each package
Excise officer puts his official seal on each
package
Excise officer puts his official seal on each
package
Excise officer return the duplicate copy of
application to exporter
Excise officer return the duplicate copy of
application to exporter
5/13/2018 14arti Bagada
Power, Duties And Responsibility Of
Excise Officer
 Powers:
1. Inspection
2. Entry, search and seizure
3. Detention of person.
4. Suspension-revoke of license.
5. Summons/ notices.
6. Prosecutions.
7. Disposal of seized article/ arrested persons.
8. Power to arrest
9. Power to make rules.
5/13/2018 15
 Duties:
1. Checking the qualifications and experience of
technical staff, equipments, suitability of
building and applicants financial position.
2. Visit the premises at regular intervals
3. Countersign on indent to get alcohol from
distillary
5/13/2018 16
 Responsibility
1. Correct collection of duty and penalty
2. Articles seized should handed over to officer in
charge of police station
3. Articles seized should be disposed speedily.
4. Persons arrested should be forwarded without
delay to excise officer who is empowered to
produce against magistrate.
5/13/2018 17
OFFENCESAND PENALTIES
5/13/2018arti Bagada 18
Thank you
5/13/2018 19

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4 medicinal and toilet preparation act 1955

  • 2. Introduction  Alcohol is used in the manufacturing of medicines and toilet preparations.  It can be also used as a euphoric drink.  It is essential to control the issue and transport of alcohol.  This act was passed to make uniformity in excise duty in different state because before this act was passed out each state has its own rules of excise duty. 5/13/2018 2
  • 3. objectives  Levy and collection of duties  Curb all irregularities of previous act. 5/13/2018 3
  • 4. Licensing procedure  For the preparation containing alcohol and narcotic substances.  Obtained from narcotic commissioner.  Applied with prescribed fee and format. 5/13/2018 4
  • 5.  Details required:  Name and address of applicant  Place/site of the bonded laboratory  If applicant is a firm then name and address of partners  If applicant is a company then name address of directors, managers and managing agents and reg. no. of company.  Amount of capital proposed.  Number and full description of vats, stills and other apparatus and machinery.  Maximum quantity of alcohol remain at one time in the form of finished and unfinished preparations 5/13/2018 5
  • 6.  Approximate date of starting production.  Statement indicating that excise officer required full time or part time.  Site and elevation plant of laboratory building  Incase of firm copy of partnership deed.  Incase of company list of directors managers, copies of memorandum of association, articles of association and latest balance sheet.  On receiving application licensing authority verify. 1. Qualification and experience of technical staff. 2. Equipments 3. Suitability of proposed building. 4. Soundness of applicant financial position. 5/13/2018 6
  • 7. Differences in payment of fees Manufacture in bond Manufacture outside bond Consumption of alcohol < 4000 liter/ year-- -Rs. 100 Consumption of alcohol is 125 liter/ year--- Rs. 10. Consumption of alcohol ≥ 4000 liter/ year-- -Rs. 200 Consumption of alcohol is 126-499 liter/ year---Rs. 25 Self generating alcohol by distillation in Ayurvedic & Unani medicines---Rs.25 Consumption of alcohol < 4000 liter/ year-- -Rs. 100 Self generating alcohol by distillation in Ayurvedic & Unani medicines---Rs.25 5/13/2018 7
  • 8. Manufacture in bond  Without payment of duty rectified spirit is issued with sufficient securities and bond.  Bonded laboratory:  Ideal requirements 1. Spirit store 2. Room for manufacturing of medicinal preparations. 3. Room for storage of finished preparations. 4. Room for manufacturing and storage of Toilet preparations 5. Accommodations for excise officer with furniture. 5/13/2018 8
  • 9. 1. Obtaining the spirit 2. Verification and storage of received spirit 3. Issue of spirit from spirit store to manufacturing 4. Wastage of spirit in manufacture. 5. Storage of finished product. 6. Issue of alcoholic preparations from bonded laboratory. 7. Exemptions Manufacturing room Finished good storage Spirit store Excise officer 5/13/2018 9
  • 10. Manufacture outside bond  With payment of duty  Non –bonded laboratory:  A spirit store  A finished good store  A laboratory  Manufacturing: 1. Obtaining the spirit 2. Manufacture, storage and sale 3. Sampling 4. Returns 5. Employees 6. Inspection 5/13/2018 10
  • 11. Manufacture Of Ayurvedic, Homeopathic And Patent And Proprietary Preparations Ayurvedic preparation containing alcohol Containing self generated alcohol Alcohol content <2% Exempt from duty Alcohol content >2% Not capable of consuming as ordinary alcoholic beverages– exempt from duty Capable of consuming as alcohol beverages---Rs. 1 / liter Prepared by distillation or alcohol is added Duty Rs 52.8 /liter of pure alcohol content 5/13/2018 11
  • 12. Warehousing Of Alcoholic Preparations  To store alcoholic preparation on which duty has not been paid.  License can be issued by payment of fees Rs.25 with bond and security.  Duty will be paid at the time of removal of goods from warehouse.  All goods should be weighed, gauged and assessed the duty and recorded.  No goods can be issued without payment of duty except export from India or transfer to another bonded warehouse.  Movement of goods between two warehouse should be done by bond and security of twice amount of duty.  Goods can be stored for maximum period of 3 years. 5/13/2018 12
  • 13. Inter State Transport  Transport only after payment of duty.  If transport in bonded laboratory then exempted from duty. 5/13/2018 13
  • 14. Export of alcoholic preparation Export under bond Export outside the bond Without payment of duty With payment of duty Exporter apply in triplicate to excise officer Exporter apply in duplicate to excise officer Exporter should mention the means export either by land, sea, air or post Export should give 48 hour notice before exporting date Exporter Should give separate application for different means of export Exporter should present entire consignment to excise officer Excise officer take samples and send for analysis on the basis of it permit for export All goods should contain serial no., owners name & mark, total qty of dutiable goods, alcoholic strength, name & address of consignee, gross wt of each package All goods should contain serial no., owners name & mark, total qty of dutiable goods, alcoholic strength, name & address of consignee, gross wt of each package Excise officer puts his official seal on each package Excise officer puts his official seal on each package Excise officer return the duplicate copy of application to exporter Excise officer return the duplicate copy of application to exporter 5/13/2018 14arti Bagada
  • 15. Power, Duties And Responsibility Of Excise Officer  Powers: 1. Inspection 2. Entry, search and seizure 3. Detention of person. 4. Suspension-revoke of license. 5. Summons/ notices. 6. Prosecutions. 7. Disposal of seized article/ arrested persons. 8. Power to arrest 9. Power to make rules. 5/13/2018 15
  • 16.  Duties: 1. Checking the qualifications and experience of technical staff, equipments, suitability of building and applicants financial position. 2. Visit the premises at regular intervals 3. Countersign on indent to get alcohol from distillary 5/13/2018 16
  • 17.  Responsibility 1. Correct collection of duty and penalty 2. Articles seized should handed over to officer in charge of police station 3. Articles seized should be disposed speedily. 4. Persons arrested should be forwarded without delay to excise officer who is empowered to produce against magistrate. 5/13/2018 17