RJ Liqour Sourcing Policy 2021-22
RJ Liqour Sourcing Policy 2021-22
(A) For brands which were also approved in F.Y. 2020-21 and last years Security
Deposit still lying with RSBCL :-
(i) Label approval letter of the brand issued by the Excise Commissioner,
Rajasthan.
(iv) Annexure 1, 2 in case there is any change from the last years setup.
(i) Non interest bearing refundable Security Deposit of Rs. 1.00 lac per brand
and maximum Rs. 6.00 lac for unlimited number of brands for new Suppliers
in the.form of Demand Draft in favour of RSBCL, Jaipur.
(iii) A certified copy of the last valid license granted by the concerned Excise
Commissioner/ competent authority of the concerned State.
Page 1
- ---- - - -- -- ------
1.2 Suppliers desirous of supplying liquor imported (FMFL) from abroad to the
Corporation for subsequent distribution to buyers shall submit the following
documents, before their offer can be considered and action initiated.
(A) For brands which were also approved in F.Y. 2020-21 and last years Security
Deposit still lying with RSBCL :-
(i) Label approval letter of the brand issued by the Excise Commissioner, Rajasthan.
(iii) Cost Sheets as per Annexure 9 or 10 whichever is applicable, along with a copy of
latest Bill of Entry, duly signed by the authorized signatory.
(iv) Annexure 1, 2 in case there is any change from the last years setup.
Page 2
Liquor Sourcing Policy 2021-22
(i) Non interest bearing refundable Security Deposit of Rs. 1.00 lac per brand
• and maximum Rs. 6.00 lac for unlimited number of brands for new Suppliers
in the form of Demand Draft in favour of RSBCL, Jaipur.
(ii) Details of the organization of the supplier to be given in its letterhead in the
format in Annexure 1.
(iii) Authorization of the manufacturer, if any, permitting the supplier to deal with
the products proposed to be supplied to the Corporation.
• (vi) Certified copy of the latest audited accounts and annual report. If such
accounts pertain to a period other than the recently concluded financial year,
reasons for not submitting the certified accounts of such year may be
indicated.
(vii) An attested copy of the registered partnership deed I Memorandum and
Articles of Association (latest) of the manufacturer.
(viii) Duly filled Annexure 5.
(ix) Cost Sheets as per Annexure 9 or 10 whichever is applicable, along with a
copy of latest Bill of Entry, duly signed by the authorized signatory.
1.4 As per clause no. 2.2 & 2.5.3 of Excise Policy 2021-22, RSBCL shall participate in
the e-auction for allotment of composite retail liquor shops and open outlets with
PoS enabled billing and Air Conditioning etc. facilities.
1.5 All initial documents shall be signed by the Managing Director or whole time
Director or Chief Executive Officer or any other person duly authorized by the Board
of Directors of the Company/ Secretary I any Partner /Proprietor, in case of a
Company /Society/ Firm / Proprietary concern.
Page 3
Liquor Sourcing Policy 2021-22
2. Registration of Labels
2.2 Manufacturers located outside the state shall submit a copy of the permission for
the manufacture of the brands proposed to be supplied, approval for labels as
granted by the competent excise authorities of that state and the authorization for
exporting from that state to Rajasthan.
2.3 In respect of brands imported from outside India, suppliers shall remit necessary
fees for label approval to Excise Commissioner, Rajasthan and obtain necessary
registration approvals.
2.4 . Where the change of brand name is apparently only a technical one and the basic
brand name is same, then the manufacture shall, apart from offering the brand of
choosing to this state, will also compulsorily offer similar cheapest brand being sold
by him elsewhere.
2.5 As per clause no. 4.9.5.1 of Excise Policy 2020-21, Import of Liquor and Beer
brands manufactured in Nepal and Bhutan would be considered as Import / Export
from the other states of India.
3.1 Manufacturers located within the State or outside are required to declare the price
of liquor in prescribed proforma (Annexure - 5). Names of and supply details to all
the states and Union Territories shall be included and a certificate to that effect
appended. The manufacture shall also submit details in prescribed proformas for all
such variants of brands having similar key word, whether registered in Rajasthan or
not and sold anywhere within last two years. These details shall be made available
to the Corporation at least one week prior to the date on which the manufacturer
desires to have the first Order for Supplies (OFS) in respect of these brands.
3.2 The manufacturer I supplier shall declare Ex-Distillery Price / Ex-Brewery Price
and will provide information relating to minimum EDP / ESP declared in all other
states for the same brand and shall also provide the MRP / MSP of the same
brands of other states.
If the Ex-Distillery Price / Ex-Brewery Price of the same brands are not approved
in other states, Ex-Distillery Price / Ex-Brewery Price and MRP / MSP of the
similar brands approved in other states shall be provided by the suppliers; in case
of non approval of same / similar brands in other states, the supplier shall submit
a declaration for such equivalent level brands. Suppliers shall mention the names
of such similar brands.
3.3 A statement for each brand of IMFL /FMFL/ Beer indicating information for label
registration of a brand of IMFL /FMFL/Beer shall be submitted in the prescribed
proforma (Annexure-6) . _,,..,/)1/
~ Page 4
Liquor Sourcing Policy 2021-22
3.4 While doing so, manufacturers may ensure that the description of the item in
Annexure 5 and 6 is exactly the same as the label approval accorded by the Excise
Commissioner. In case of any difference, the Corporation would not act. on the
details submitted by the manufacturer.
3.5 In respect of brands manufactured in Rajasthan or imported from outside the State,
the Corporation is required to declare the price for sale to retailer and the Maximum
Retail Selling Price of such products. Suppliers shall submit a cost sheet, containing
details of basic price and duties in the form as in Annexure 7 or 8.
3.6 Suppliers desirous of supplying liquor imported from abroad shall submit a cost
sheet containing details of basic price and duties in the form as in Annexure 9 along
with a copy of latest Bill of Entry for stocks imported after payment of Customs Duty
and as per the form in Annexure 10 for stocks imported duty free. The price shall be
indicated in Indian rupees and shall not be contingent upon any fluctuation in
foreign exchange rates.
3. 7 Suppliers rnay please note that they are required to work out the Landed cost, the
sale price and the Maximum Retail Selling Price taking due note of the provisions of
the different notifications with respect to duties / fees issued by Government of
Rajasthan (Excise Department) / Excise Commissioner under Rajasthan Excise Act
and Rules framed there under. The Corporation reserves the right to decide the
extent of differential cost to be allowed to suppliers for Rajasthan.
3.8 The term Landed Cost to the Corporation shall mean: EDP of the manufacturer +
ED + Additional Excise Duty. The EDP of case box of Quart, Pint and Nip would be
considered individually for determination of MRP. The selling price by RSBCL to the
retail seller and maximum retail price shall be as per Annexures 7, 8, 9 and 10.
3.9 Margins
3.9.1 The Corporation shall charge a margin of 0.50% on the Landed cost of all Liquor
and Beer as shown in Cost Sheets at Annexure -7,8,9 & 10 of LSP 2021-22.
3.9.2 A margin to the retailers on the Selling Price of RSBCL as shown in Cost Sheets
at Annexure -7,8,9 & 10 of LSP 2021-22 would be allowed as under:-
Marqin on Items Retailer Marain (@
Beer (All pack sizes) 25%
IMFL (All pack sizes) 24%
However, As per order no. f.4 (1) FD/Ex/2020 Part- 1 dt. 29-04-2020 of the Finance
(Excise) Department, Govt. of Rajasthan, Jaipur, the Increase in the margin of
retailers due to change in the rates of Additional Excise Duty notified vide
notification no. f.4 (1) FD/Ex/2020 Part- 1 dt. 29-04-2020 would be deposited to the
revenue head of the State exchequer of Govt. of Rajasthan .
3.9.3 Rounding off of MRP in all capacities of bottles of IMFL and Beer will be done as
under:-
(i) Additional Margin due to rounding off the MRP to the next Rs. 1/- will be
retained by RSBCL as Additional RSBCL Margin.
(ii) Thereafter, MRP will be rounded off to the next Rs. 0 or 5 and this
difference will be given to the.Retailer as Additional Retail Margin ..
However, As per order no. f.4 (1) FD/Ex/2020 Part- 1 dt. 29-04-2020 of the
Finance (Excise) Department, Govt. of Rajasthan, Jaipur, the Increase in
aforesaid Additional Retailer Margin as per point no. (ii) due to change in
the rates of Additional Excise Duty notified vide notification no. f.4 (1)
FD/Ex/2020 Part- 1 dt. 29-04-2020 would be deposited to the revenue
head of the State exchequer of Govt. of Rajasthan.
Page 5
Liquor Sourcing Policy 2021-22
(iii) Composition amount and surcharge as applicable will be deducted from
the aforesaid Margin as per 3.9.2 & 3.9.3.
3.1 0 As per the provisions of clause no. 4.3 of Excise Policy 2021-22, the discount on
Additional Excise Duty to the eligible Composite shops would be given as per
directions to be issued by the Excise Commissioner, Rajasthan in this regard.
3.11 The Corporation would permit revision in EDP / ESP declared by the manufacturer
with effect from Next day from date of rates approval. Manufacturers who want to
revise their price shall submit revised declaration to the Corporation at least 10
days prior to the day on which they desire the revision. The MRP of stock lying with
Corporation shall also be revised accordingly. The revision of MRP will be
permissible only after submission of full justification alongwith documentary
evidence i.e. production cost sheet etc., however, RSBCL reserves the right to
allow or disallow such revision without assigning any reasons thereof.
3.12 In case of any change in the fee and duty structure, new prices shall become
effective from the date of notification issued by the Government. The Corporation
. would compute the new prices and make necessary changes in prices.
3.13 Manufacturers shall submit a revised Maximum Retail Selling Price in respect of
their products, after justifying such MRP. Till such time they submit the revised
MRP, no fresh OFS shall be issued.
3.14 In all such cases, if the rates at which the OFSs would be issued would be revised,
all pending OFSs would be cancelled by the Corporation and manufacturers shall
surrender all outstanding OFSs and collect revised OFSs immediately.
3.15 Any price reduction on account of a revision due to a change in the Declared Price
or due to a change in duties shall be borne by the manufacturer. The Corporation
would, in respect of the stocks held, debit their accounts with the difference on the
day such revision comes into effect.
3.16 Manufacturers shall, before introducing any sales promotion or discount scheme
communicate to the Corporation, the details of such scheme and its impact on the
maximum retail-selling price.
3.17 The Suppliers may file online application for the MRP. The procedure will be
effective from the date of issuance of detailed circular / guidelines by RSBCL for
the purpose.
At the time of deciding the price, Corporation will consider the EBP / EDP and MRP
/ MSP of the same brand(s) or similar type of brand(s) approved in neighboring
states or in other states. The impact on collection of Excise Duty would also be
considered while deciding the price.
The Corporation reserves the right to approve or unapprove the Rate
Approval proposal without assigning any reasons thereof or ask for the
revision of proposal.
3.-18 It shall be the responsibility of the supplier to deposit difference of Excise Duty /
Additional Excise Duty on stock lying with RSBCL depots & in transit on the date of
approval or revision in MRP. A copy of the challan of such deposited additional ED/
AED is required to be submitted to corporation & Excise Department immediately
after revision / approval of rates by RSBCL.
Page 6
Liquor Sourcing Policy 2021-22
3.19 After approval of new MRP for the year 2021-22, the supplier concerned has to affix
revised MRP on existing stock lying in RSBCL depots/ in transit. If any legal liability
arises due to non compliance of the above, the supplier will be held responsible for
that.
4.2 Two copies of the OFS will be issued for the exact quantity that the supplier
proposes to transport. It is, therefore, imperative that manufacturers indicate their
dispatch plan for issue of OFS. The OFS shall be signed by either of the authorized
signatories of the Corporation, whose specimen signatures may be seen in
Annexure 11.
4.3 The OFS would indicate the validity date within which the manufacturer should
complete the delivery. If a manufacturer does not honour the quantity indicated in
the OFS within the validity period, then the order for the remaining quantity shall
lapse automatically. The Corporation may, at its discretion, extend the validity of the
OFS and the manufacturer shall honour the OFS within the extended validity period
without fail. However Corporation shall charge a fee with applicable taxes extra for
extending validity of each OFS as under:
(i) For first 4 days or part thereof Rs. 1,000/- per OFS
(ii) For every next 4 days or part there of Rs. 2,000/- per OFS
However, these rates may be revised by the MD from time to time.
In exceptional circumstances, where the delay is on accounts of factors beyond the
control of Manufacturer like natural calamity, accident of the vehicle carrying
quantities under said OFS and contingencies alike, MD RSBCL may condone the
extension charges.
4.4 Repeated lapse of supplies against OFS without valid reasons may result in
reduction of quantity sourced and may also attract other penalties that the
Corporation may specify from time to time.
4.5 In respect of supplies from within State I outside the State or from outside India, the
manufacturer or their authorized representatives shall, after the issue of OFS,
deposit the Import Fee, Excise Duty and other applicable duties / fees for their
respective brands with the Excise Department or through the Corporation.
Manufacturers may please take note that they are responsible for remitting /
depositing the correct quantum of duties / fees and that they are liable for any short
payment of duties (The Corporation shall be entitled to recover any short payment
of duty from them, should such instances occur).
Page 7
Liquor Sourcing Policy 2021-22
4.6 In case the supplies are not affected against any OFS and the same is submitted to
Corporation for cancellation, the same shall be cancelled on payment of a fee of
Rs.5,000/- plus applicable taxes, if any, per OFS. If the cancellation request is
submitted after the validity date, the fee mentioned in clause 4.3 shall be charged
from the supplier in addition to the cancellation charges. However, these rates may
be revised by the MD, RSBCL from time to time.
4..7 RSBCL may ask supplier to make OFS of a particular brand / brands. In case the
supplier does not make OFS then penalty of Rs. 10,000/- per order shall be
imposed on the supplier. In case of repetitive non- compliances penalty may be
imposed as per clause no. 14.1 of Annexure-3 & 13. 1 of Annexure-4.
5. Duty Free Imports
5.1 The Foreign Trade Policy provides duty credit entitlement to specified Hotels and
Restaurants in reference to foreign exchange earned by them (eligible importer) in
the preceding year. The procedure detailed below shall be applicable for import of
liquor into the state under this provision.
5.1.1 The eligible importer shall declare the brands and the quantity proposed to be
• imported under this provision. The eligible importer shall also declare the source of
import, which shall be a supplier who has submitted initial documents to the
Corporation.
5.1 .2 The supplier as declared by the importer shall be responsible to complete customs
and other formalities so that the goods can be transported to the state.
5.1.3 The eligible importer shall be permitted to import only registered labels approved for
consumption in Rajasthan for the relevant excise year. The eligible importer shall
produce a copy of eligibility certificate, if any, issued by the Director General of
Foreign Trade for duty free import of such stocks.
5.1.4 The Corporation shall be the intender of stocks on behalf of the eligible importer.
The Corporation shall issue an order for supplies to the supplier. The rate of supply
of the item shall be as indicated by the supplier in the cost sheet for duty free
import.
5.1 .5 The supplier shall thereafter remit state levies as may be applicable through the
Corporation or to the Excise Department. The supplier may note that they are
responsible for remitting the correct quantum of duties and that they are liable for
any short payment of duties. The Corporation shall be entitled to recover any short
payment of duty from them, should such instances occur.
6. Delivery
6.1 As indicated above, manufacturers shall affect supplies within the time period
mentioned in the OFS. The stocks shall be delivered at the concerned depot of the
Corporation at the cost and risk of the manufacturer and shall conform to the brand ,
quantity and pack sizes as indicated in the OFS. Any delivery of Stock that deviates
from the OFS shall be sold out I drained out as per directions of Excise Department.
The stock shall be drained out in the presence of Excise officials and Company
representative after adopting following procedure:-
1. Information is to be given to supplier and H.O.RSBCL immediately.
2. Detailed report along with copy of panchnama be sent to Head Office I
DEO concerned.
~ Page 8
Liquor Sourcing Policy 2021-22
4. After getting approval of Excise Department, this stock will be drained out
as per procedure laid down in Excise department circular no. E.C. 107 dt.
01.05.2014 No refund of Excise Duty shall be made to suppliers for such
drained out stocks.
6.2 An exclusive invoice shall be raised for every OFS issued. At the time of effecting
delivery, the manufacturers shall invariably quote in their invoice the reference
number and date of the OFS issued by the Corporation and surrender the OFS in
original to the receiving depot.
6.3 In cases of all supplies from manufacturers in the State and in respect of imported
brands (both from outside the state and the country), the invoice rate shall be as
indicated in the OFS.
6.4 The invoice of the Manufacturer / Supplier shall be accompanied by the following
documents and shall be submitted to the receiving depot.
(i) The original OFS issued by the Corporation. If the supplies made are in
persuance of more than one order so issued, all such orders shall be
attached;
(ii) Copy of the permits issued by the Excise Department;
. (iii) Lorry Receipt;
(iv) Copy of the challans for having remitted / deposited duties and
(v) If applicable, a statement of the excise adhesive labels I holograms with
details of unique identifying numbers (for each bottle) of the carton boxes
delivered, segregated item wise in case of manufacturers in the state.
(vi) Batch wise details of quantity of dispatch conforming to FL-6.
(vii) Fit for human consumption certificate will be issued by Unit In-charge of
Excise Department and Lab Chemist of distillery/ brewery concerned before
issue of supply to RSBCL depots.
(viii) The supplier shall mention batch number and Manufacturing date I
month in the invoice.
(ix) In case of any discrepancy between the data shown in software and
documents physically received, the data in software will be got corrected
after taking penalty of Rs. 1,000/- (Rupees one Thousands) per OFS /
Invoice. The proposal of supplier for correction should be supported by
competent approval/ revised sanction of the Excise Department, if needed.
6.5 If applicable, all manufacturers / importers are required to mention the excise
adhesive label I holograms identifying numbers on all the liquor carton boxes
supplied to the Corporation as required by Excise Department from time to time.
Such details may be furnished in each carton box as per the format given below, as
a sticker/ rubber stamp pasted / affixed on the box.
Supplies to the RSBCL
Name and Address of the Distillery/Brewery
From To
Page 9
Liquor Sourcing Policy 2021-22
6.6 Manufacturers may please note that the consignment would not be unloaded in the
receiving depot if the requirements indicated in paragraphs 6.4 and 6.5 above are
not met.
6.7 Manufacturers shall ensure that the carton boxes used by them conform to the
specifications of the Bureau of Indian Standards and that the boxes do not become
a cause for excessive transit and / or depot damages. The Corporation may, if it so
warrants, issue necessary guidelines in case of manufacturers who do not use
standard boxes, which shall be followed by them .
6.8 Manufacturers shall also ensure that they do not overload the lorries transporting
their goods. Needless to mention, such overloading is a major cause of excessive
transit and depot damages. Any instance of overloading noticed by the Corporation
may result in appropriate action as may be deemed necessary.
6.9 As per clause no. 4.9.15 of Excise Policy 2020-21, Corporation may issue
necessary guidelines for lifting of minimum quantity of Beer produced by breweries
situated in Rajasthan by licensees.
7. • Adherence to Quality
7 .1 The manufacturer/ supplier is expected to ensure that the items delivered to the
Corporation are fit for human consumption and adheres to the quality as stipulated
by the relevant standards of the Bureau of Indian Standards and/or other standards
as may be applicable or as desired by Government of Rajasthan. Government of
Rajasthan has decided that IMFL, only with ENA as base raw material, would be
allowed in Rajasthan.
7.2 Indian and BIO Beer shall be delivered to the Corporation in following manner:-
Page 10
Liquor Sourcing Policy 2021-22
7.4 All other brands of such manufacturer will also be subjected to examination and the
cost of testing these samples would be debited to the manufacturer. If any of these
products does not conform to specifications, then such products (brands) would be
black listed and the Corporation would stop transacting in the same.
8.1 In case of Labour contract by RSBCL, the stocks from the vehicles of manufactures
/supplier shall be unloaded by the contract labour at RSBCL depots. This includes
stacking of the liquor in the Depot. The labourers will be provided by th~ labour
contractors to RSBCL. The unloading charges shall be recovered from the weekly
payments of the suppliers along with GST plus applicable taxes amount as per
applicable rates. An appropriate invoice for the same shall be issued to such
supplier for unloading charges. Any damages arising during handling of goods at
this stage shall be their (Labour contractor) responsibility. Any risk during the transit
-of liquor from the premises of the supplier till the stocks are arrived at the depot
shall be borne by the manufacturer, who may, if necessary, seek an insurance
cover
Note:- Loading into inter-depot transfers desired by manufactures shall be done by
contract labour as per approved rates.
8.1 .1 In the absence of Labour contract, it shall be responsibility of the manufacturer /
-supplier to Loading / Unloading stocks at the depots of the Corporation. This
includes stacking of the liquor in the depot. Any risk during the transit of liquor from
the premises of the supplier till the stocks are unloaded and stacked in the depot
shall be borne by the manufacturer, who may, if necessary, seek an insurance
cover.
8.2 Transit losses would fall in one of the categories described below. Such losses
shall be to the account of the manufacturer.
Short Receipt - Receipt of lesser number of items than what is mentioned in the
invoice of the manufacturer and/or mentioned in the transport permit would be
categorized under this head. Such short receipt would generally be in the nature of
missing bottles in carton boxes, though missing of whole carton boxes cannot be
ruled out.
Broken Items - Items that are received in broken condition or detected during
delivery by RSBCL for further sales or detected during affixation of excise adhesive
labels in case of imported items (both from outside the State and from outside the
country) would be categorized under this head .
8.3 If without having any specific reason, shortage in the stock is found during
unloading at the Depot, an amount equivalent to the RSBCL Landed Cost of such
shortage shall be deducted from the payment of the supplier. The supplier will also
be responsible for any liability arising under Rajasthan Excise Act for such shortage.
Such or other similar losses whenever detected shall be treated as transit losses
and the concerned supplier debited accordingly. Any decision of the Corporation as
regards the nature and quantum of such losses shall be final and binding.
Manufacturers may, if they so desire, depute their representatives to verify such
bottles and satisfy themselves.
9.3 Manufacturers may appreciate that storage space as a resource has to be optimally
utilized and slow moving / non-moving stocks of one manufacturer should not result
in limiting market access of others. It is therefore necessary that stocks move
regularly and non-moving stocks are weeded out. The stocks held by the
Corporation would therefore be categorized as under.
Active stocks :-
Category wise Stock as detailed in the table below would be treated as active stock
upto the period mentioned against each category:-
S. No. Category Days upto which stock
would be treated as active
stock
1. Beer 120
2. IMFL 150
3. Rum & Wine 180
4. FMFL (BIO), Cider & 210
Brandy
Inactive stocks :-
Category wise Stock as detailed in the table below would be treated as Inactive
stock after the expiry of period mentioned against each category:-
Page 12
Liquor Sourcing Policy 2021-22
9.5 In the beginning of the month, the Corporation would give details of inactive items
as at the end of the previous month, with a request to liquidate them within thirty
days. If the manufacturer does not take necessary action to liquidate such stocks
within the period aforesaid, the Corporation would dispose off the inactive stocks in
any manner as may be appropriate and the difference between the price of delivery
of liquor and the amount realized shall be borne by the manufacturer. The
manufacturer shall not have any further claim against the Corporation in respect of
such stocks. In case of any failure of the manufacturer to deposit any RSBCL dues
to be recovered from the manufacturer, the stock of manufacturer may also be
disposed off in the same manner to recover the dues after giving notice of 15 days.
9.5.1 In case manufacturers I suppliers / distilleries make a written request to the
Corporation about their intention to withdraw stocks of IMFL from depots for re-
processing in view of non-movement, deterioration in quality and packing etc.,
RSBCL will recommend to the Excise Commissioner to permit the distilleries to take
back the stocks for re-processing in the manner to be prescribed by the Excise
Department. Corporation margin @ 0.50% plus Inactive Stock Charges shall be
recovered ·from the supplier in case stock is taken back for reprocessing , just like
other stock.
9.5.2.1
Suppliers will be intimated up to 15th April every year regarding the closing stock
of their various unapproved brands of IMFL / FMFL / Beer lying at RSBCL Depots
as on 31st March. The suppliers will confirm the balance of the stock up to 30th
April.
The closing stock of the unapproved brands will be deemed to be confirmed in
case the required confirmation is not received from the suppliers within the
specified time.
9.5.2.2
After receiving confirmation from the suppliers regarding position of the closing
stock of their unapproved brands lying in RSBCL Depots on 31 st March, the
suppliers will be served with a registered notice up to 15th May every year regarding
either to get the brands & labels of such stock approved or take permission for such
unapproved stock back to distillery/ brewery within specific period .
9.5.2.3
(a) The suppliers will be required to get the brands and labels approved from
Excise Department or obtaining permission from Excise Department for taking
the unapproved stock back to the distillery/ brewery within 3 months i.e. up to
30th June every year.
(b) The onus of providing information to Corporation in time regarding approval of
brands & labels or permission of taking back of such stock to distillery would be
solely upon the suppliers. The above information shall be provided to the
Corporation either by Registered post or through e-mail on the authorized e-mail
IDs of the Corporation.
Corporation will not be liable for any loss caused to the supplier due to non
/inadequate communication from the supplier's side.
Page 13
I
(a) If neither the brands and labels are got approved nor permission for taking
such stock back to distillery is taken from the Excise Department, procedure
of destruction of such unapproved stock would be initiated by Corporation just
after expiry of the stipulated period of three months i.e. from 1st July every
year. It will be deemed and considered that the supplier has given his consent
to drain it out and for that no further communication in any manner will be
required from the Corporation.
(b) The following actions for disposal of such stock will be taken by the
corporation:-
1. Beer & Ready to Drink beverages (IMFL) - It Shall be drained out at the
depots within 2 months after expiry.
2. IMFL / FMFL -
The Corporation will drain out such stock in the presence of the
representatives of Excise Department as per procedure laid down or allow
the supplier to take back such stock provided competent approval is
obtained for the same.
(c) No refund of Excise Duty, Additional Excise Duty or any other Duties I Levies
will be payable to suppliers against such drained out stock.
(d) Any dues, pertaining to Inactive Stock Charges against unapproved stock or
otherwise expenses incurred by the Corporation in draining out such stock,
will be recovered from the supplier. Such amount will be recovered from the
amount payable to the supplier. Subsequently the balance amount, if any,
will be recovered from the security deposit of the supplier.
(e) In case the supplier does not make payment of due amount to Corporation,
the action for the recovery of the amount will be initiated under prevailing
Acts and Rules. The recoverable amount will include the due amount and
interest @ 1. 5% per month from the due month and part there off.
9.6 However, any stock of beer & Ready to Drink beverages (IMFL) lying unsold &
expired and declared unfit for human consumption at the depot shall be drained out
by the Corporation. Any expenditure incurred by the Corporation towards this shall
be recovered from the manufacturer. No compensation shall be payable in respect
of such stock. Corporation margin @ 0.50% plus Inactive Stock Charges shall be
recovered from the supplier in case of such stocks also, just like other stock.
9.6.1 In case where such expired beer is not drained out in the Depot itself, it is further
provided that the breweries are allowed to take such old stock of expired beer back
to their factories, which is lying with the RSBCL depot, where the same will be
drained out under the supervision of Excise Department. The decision with regard
to refund / adjustment of Excise Duty on such stocks (taken back to factory) shall
be taken by Excise Department as per the provision of Rajasthan Excise Act /
Rules. Corporation margin @ 0.50% plus Inactive Stock Charges shall be
recovered from the supplier in case of such stocks also, just like other stock.
Page 14
Liquor Sourcing Policy 2021-22
. 9.7 (a) Where the labels of the brands of IMFL / Beer / BIO (FMFL / Beer) have been
approved by the Excise Commissioner, Rajasthan for Financial year 2021-22 but
the MRP's of such brands have not been got approved by the suppliers
concerned for F.Y. 2021-22 and the stock of all or any of such brands was lying
in RSBCL Depots on 31 st March 2021, RSBCL will be authorized to sell such
stock in 2021-22 on the same EDP/ EBP / Basic Price which was effective in
F.Y. 2020-21 up to that date on which the changed EDP/ EBP / Basic Price are
approved by RSBCL for the brand(s) concerned .
. (b) The MRPs of such brands will be ascertained by RSBCL as per prevalent rates
of Excise Duty, Additional Excise Duty, VAT and other applicable taxes/ fees.
(c)
(i) The suppliers of IMFL / Beer / BIO brands may apply fresh OFS in F.Y.
2021-22 if the brands and labels are approved by Excise Department for
2021-22.
(ii) OFS will be applied on the same EDP / EBP / Basic Price approved in
2020-21 till the new proposals, if any, are approved.
(d) If the EBP /EDP/ Basic Price and MRP of any brand(s) are approved by RSBCL
on the basis of proposals submitted by the suppliers for 2021-22, the suppliers will
apply OFS on such approved EBP /EDP/ Basic Price and MRP for 2021-22 from
the next working day of the date of such approval.
(e) If the EBP /EDP/ Basic Price submitted by the suppliers for approval is not found
justifiable, the suppliers may be asked to submit revised proposal or the
Production Cost Sheet of the brand(s). RSBCL will analyse revised proposal /
Production Cost Sheet, as the case may be, before approval of EDP/ EBP / Basic
Price.
10. Inter Depot Transfers
10.1 The Corporation shall have the liberty to effect inter depot transfer of stocks for
quick and easy disposal. Manufacturers may also request for such transfers, if in
their opinion, such transfers would facilitate disposal of stocks. However, the
decision of the Corporation in this regard shall be final.
10.2 Manufacturers shall bear all expenses towards inter depot transfers. If for any
reason, the Corporation expenses any amount towards the transfer, like permit
fees , such amounts shall be immediately debited to the account of the
manufacturer. Transit losses due to the transfer shall be borne by the manufacturer.
10.3 Where any application is presented for issue of Inter Depot Transfer Order the
supplier shall be required to deposit fee @ Rs. 3/- per CB subject to min_imum of
Rs. 200/_ per T.O.O. or as decided by MD, RSBCL from time to time. However as
regards extension and cancellation of T.O.O. , the fees prescribed for extension /
cancellation of OFS, as mentioned in relevant clauses shall be applicable. •
Page 15
Liquor Sourcing Policy 2021-22
11.4 The Corporation would not be a party to any bill discounting arrangement that the
manufacturer may enter into with his bank.
11.5 Once in three months, the Corporation would verify unaudited sales data and
rework the payment due to the manufacturer. Any adjustment necessary would be
made after such verification.
11.6 The Corporation would provide an extract of all transactions of manufacturer before
the 10th of the succeeding month on the RSBCL website. Manufacturers may verify
the statement and point out instances of differences, if any, within the next two
months. The Corporation would, after confirmation, initiate corrective action.
However, the Corporation shall entertain no such difference after two months of the
close of the financial year.
11 .7 Payment will be released in the manner prescribed below:
(a) Corporation will release payment preferably to the brand owner who has got
the brand registered in its name by Excise Department and only he will issue
sale / VAT invoice of the IMFL / Beer supplied to the corporation.
(b) If, in certain exceptional cases where it is not feasible for him to issue sale /
VAT invoice, he will have to produce a mutual agreement (as per Annexure-13
) with his supply source(s) specifically authorizing him to receive payment on
behalf of his supply source(s) also.
(c) Additional supply source(s) shall be added only after producing such mutual
agreement as per Annexure - 13.
12. Advances towards Duties Paid for Stocks Delivered
12. 1 The Corporation may advance the Excise Duty and other fees I duties remitted by
manufacturers in respect of stocks delivered. The scale of reimbursement would be
as per the norms structure of such duties / fees payable to Government of
Rajasthan (Excise Department)/ the Corporation.
12. 2 Manufacturers shall specifically express their willingness ten days prior to the date
from which they desire the advance and conclude an agreement as may be
prescribed and required before the advance can be paid. Any manufacturer who
has opted for obtaining the advance may opt out after giving ten days notice. In
such a case, the outstanding advance would be recovered as may be decided by
the Corporation. ~
t:::O~ Page 16
Liquor Sourcing Policy 2021-22
12.3 Stocks that have an inventory turnover ratio (the ratio computed as the total sales
for the last three months divided by the average stock held during that period,
called eligible stock) of 2.5 or above shall alone be eligible for the advance.
12.4 The Corporation shall have the first charge on the eligible stocks for which an
advance has been paid. The manufacturer shall be obliged to inform this position
to the bank with which it has banking arrangements and inform the Corporation
accordingly.
12.5 Manufacturers may ensure that the value of eligible stocks held by the Corporation
is 1.75 times the advance outstanding against them . In the event the value of
eligible stock falls below 1.75 times the advance outstanding, proportionate
recovery would be made out of the amounts due to the manufacturer on the next
payment d~y.
12.6 The advance shall be paid on every Saturday along with the payment for stocks
disposed off by the Corporation. The advance shall carry interest at 12 per cent per
annum. The advance in respect of the stock sold and the interest payable on the
amount outstanding shall be computed every week and adjusted against the
payment to be received by the manufacturer.
13.1 Manufacturers, who have adequate stocks and/or have sufficient raw material and
work in progress and other facilities to supply stock against the OFS issued by the
Corporation within three days of drawing the advance, are eligible to avail an
advance for payment of Excise duty and other fees I duties as payable to
Government of Rajasthan (Excise Department).
13.2 Only eligible stock (as defined in para 12.3) shall qualify for the advance. The
quantum of advance shall not exceed 30 per cent of the purchase value of the
monthly sale quantity of the eligible stock.
13.4 The Corporation shall scrutinize such applications and may make inquires and call
for a confirmation from the Distillery Officer regarding availability of stocks for
delivery and/or such other evidence as may be necessary to ascertain the stock
position and the capability of the manufacturer to supply against OFS. issued and
arrive at the actual amount of advance required for payment of ED and other fees /
duties applicable by the manufacturer.
13.5 The Corporation reserves the right to reject an application completely or partially
&0
and make such changes in quantities and brands as it deems fit. The Corporation
may, in order to safeguard its interest, attach such additional conditions as may be
necessary.
Page 17
I
13.E> A deposit of 12% of the advance sought / sanctioned shall be retained by the
Corporation out of the amount payable before any disbursement of advance is
made. Then the Corporation shall provide a demand draft in favour of Excise
Commissioner and the distillery officer of the concerned manufacturer shall
acknowledge the DD.
13.7 Manufacturers shall supply the ordered quantity, against which the advance has
been availed as above, within three days from the date of payment of duty. The
Corporation may at its sole discretion, extend the time for supply of stock by the
manufacturer, but in no case shall it extend beyond seven days from the date of
•payment of duty.
13.8 Manufacturers shall ensure that the goods so delivered are liquidated within ten
days from the date of delivery at the depots of the Corporation.
14.1 The Corporation would allow only authorized representatives of manufacturers for
submission and collection of documents. Such representatives (not exceeding
three) may be authorized as in the format in Annexure 12, a copy of which shall be
delivered to the Corporation for its record. Authorized representatives shall produce
another copy before the OFS or documents are handed over.
15. If any supplier violates the provisions of LSP or Agreement made thereunder, the
action may be initiated against such defaulter supplier as per the provisions of LSP
I Agreement.
16. Jurisdiction
16.1 All transactions of the Corporation with the Manufacturer shall be subject to the
jurisdiction of Jaipur.
17. Review of the Policy
17.1 The above policy is subject to periodic review. The Corporation is at liberty to
amend it at any time during the currency of policy, if the circumstances so warrant.
Man8 tDirector
RSB • L, Jaipur
Copy forwarded to the following for information / necessary action:
(i) Principal Secretary, Finance Department, Govt. of Rajasthan, Jaipur.
(ii) Secretary to the Govt., Finance (Revenue) Department, Govt. of Rajasthan ,
Jaipur.
(iii) Excise Commissioner, Rajasthan , Udaipur.
(iv) Executive Director, RSBCL / All GMs
(v) GM, RSGSM, Jaipur
(vi) All Additional Commissioners, Excise Department I DEOs
(vii) All Depot Managers/ Managers RSBCL.
(viii) All Manufactures/ Suppliers. ~
(ix) Circular - Master File
Managi g Director
RSBCL, Jaipur
Page 18
L
Annexure 1
Name of the
organisation:
CST No.
PAN No.
GSTIN No.
Place:
Sci/-
Date: Chief Executive/ Managing Partner /Owner
(Name)
Page 19
- - - - - -- -- - - - - - - - - - - -
Annexure 2
Designation
Postal address
Telephone number
Mobile number
Email id
(1) ( 1)
Specimen signature
(2) (2)
Place: Sd/-
Date: Chief Executive / Managing Partner/ Owner
(Name)
Page 20
Liquor Sourcing Policy 2021-22
Annexure -3
AGREEMENT
This Agreement made at Jaipur on .. .... day of .. .. ..... ....... Two Thousand Twenty One -
Twenty two between the Rajasthan State Beverages Corporation Limited (RSBCL) having
its Head office at "VittaBhavan (D Block, 1st Floor), Jan path (Near State Assembly),
JAIPUR - 302005 (Rajasthan) represented by its General Manager {Operations) Shri
,(hereinafter called the 'Corporation') which term, unless, repugnant to the context, shall
mean and include its executors, administrators, successors-in-interest, assigns, etc. , of the
ONE PART
AND
Mis .... ........ ... ...... ...... .......................... . .. . ........... . ...................... ... .. ... .. .
represented by Shri. .. . .. . .. . .. .. . .. . .. . .. . .. . .. . . . . .. . . .. . .. . .. .. . .. . . .. . (Hereinafter called the
'Manufacturer', the term includes the Supplier) which term, unless, repugnant to the
context, shall mean and include its executors, administrators, successors-in-interest,
assigns, etc. , of the OTHER PART. That Shri ...... ... ..... . .... .. ... .. . .. . ....... ..... ..... has been
authorized to represent the Company / Firm / Society in all matters connected with and in
relation to the liquor supplies to the Corporation for the year 2021-22 in the Territory of
State of Rajasthan. (Power of attorney attached) .
WHEREAS the Corporation registered under the Companies Act, 1956, is a Government
Company within the meaning of Section 617 of the said Act.
WHEREAS the Manufacturer is a licensee under Rule ... .... of the ......... Rules. (Mention
the details of the concerned State Act / Rules) . That the said Mis .... .... .. .
(Distillery / brewery / winery / bottling plant) is an individual / a partnership firm/ a public
limited company I a private limited company I a co-operative society registered under the
Companies Act, 1956 / Partnership Act, 1932 / relevant co-operative societies Act.
(Mention the relevant Act / Rules) And the said M/s .. . ............. is not ineligible under
Rajasthan Excise Act and relevant Rules framed thereunder.
WHEREAS the parties herein have entered into this Agreement for the distribution of
Liquor on the following terms and conditions.
Page 21
Liquor Sourcing Policy 2021-22
1.1 The quantity of Liquor to be procured and distributed shall be determined by the
Corporation from time to time, keeping in view the demand for Liquor manufactured
/ supplied by the Manufacturer.
1.2 The Manufacturer shall not claim the right for distribution of Liquor through the
Corporation.
2. DELIVERY
2.1 The Manufacturer shall bottle, seal, pack, load, transport, unload and stack the
Liquor at the depots of the Corporation at its cost and risk. The Corporation is not
liable for any transit risk and other perils. In its own interest, the Manufacturer may
·arrange for an insurance coverage for all the risks including transit risk.
2.2 The Manufacturer shall ensure that the Liquor is transported in an exclusive vehicle
and that other goods are not transported in it.
2.3 The Manufacturer shall deliver the Liquor in good condition within such time and at
such depots as specified by the Corporation.
2.4 The Manufacturer shall bear transit losses and damages as defined in clause 8.2
and 9.2 of LSP 2021-22. The Manufacturers shall not claim for shortages, if any,
arising from the difference between the quantities as dispatched by it and the
stocks actually delivered.
2.5 Delivery shall be in line with the Orders for Supplies placed by the Corporation and
shall be completed within the period specified by the Corporation. Short supplies, if
any, shall not be carried forward beyond the validity period of the Order for
Supplies.
2.6 Non-delivery and / or repeated delays in adhering to the delivery schedule may
entail in recall of the pending Order for Supplies, suspension of distribution and
may attract other penalties as may be imposed by the Corporation.
3. QUALITY
3.1 The Corporation may, from time to time, specify the quality of Liquor to be delivered
and the Manufacturer shall adhere to such quality specifications. As per orders of
Government of Rajasthan, only such IMFL would be marketed in Rajasthan, which
are manufactured with Extra-Neutral Alcohol (ENA) as the base raw material. (For
example, no IMFL would be sold with Rectified Spirit he base raw material).
Page 22
Liquor Sourcing Policy 2021-22
• 3.2 The Corporation may reject the Liquor that does not confirm to the quality specified
by it. If the Liquor is found to be unfit for human consumption, the same would be
destroyed, disentitling the Manufacturer to claim any amounts therefrom. However,
if the rejected Liquor is such that, it is fit for human consumption, but does not meet
the standards specified by the Corporation, the same would be disposed off in
accordance with the rules framed under the Rajasthan Excise Act, 1950. The
consideration ,to be paid to the Manufacturer would be determined by the
Corporation, based on the cost of disposal, statutory duties, etc.
4. CANCELLATION OF ORDERS
4.1 The Corporation shall, without prejudice to its legal rights, have the right to forthwith
terminate any or all Order for Supplies placed on the Manufacturer and forfeit
deposits, if any, if the Manufacturer or any of his representatives, workers,
employees, etc.,
(a) indulge in any activity which is directly or indirectly prejudicial to the interest
of the Corporation; or
(b) indulge in forgery, falsification, fabrication of any document, bill, voucher or
delivery challan or commit any offence in connection with the manufacture
and supply of Liquor and other offence which are punishable under law.
4.2 All losses incurred by the Corporation on account of the Manufacturer, his agents,
workmen, employees, etc. committing the above said prohibited acts, shall be
recovered from the Manufacturer.
4.3 If the Manufacturer indulges in any unfair trade practice, the Corporation shall have
the right to cancel the Order for Supplies placed on the Manufacturer.
4.4 If any supplier violates the provisions of LSP or Agreement made thereunder, the
action may be initiated against such defaulter supplier as per the provisions of LSP
I Agreement.
5. PRICE
5.1 The Manufacturer shall deliver the Liquor at a price as may be approved and
indicated by the Corporation.
5.2' Any difference due to price reduction on account of revIsIon in price by the
Manufacturer or due to a change in duties shall be borne by the Manufacturer.
5.3 The Manufacturer shali' communicate to the Corporation for any sales promotion
scheme/activity including the price structure, validity period, etc., at least two weeks
prior to its introduction to the market.
6. PAYMENT
6.1 The Corporation may advance, either in full or in part, the duties paid or to be paid
by the Manufacturer to the Government. The Corporation would, from time to time,
determine the interest payable on the amount so advanced, and the Manufacturer
shall pay the same. The Corporation shall be entitled to deduct such advance, the
interest due or other dues from any amounts due to the Manufacturer.
Page 23
. 1 - - - - - - - -- - - - - -- - -- -- - - -- -
6.2 Paym_ent for the Liquor delivered (less the amount advanced) shall be made only
after the disposal of Liquor, and is subject to any periodicity that may be specified
by the Corporation.
(a) Corporation will release payment preferably to the brand owner who has got
the brand registered in its name by Excise Department and only he will issue
sale / VAT invoice of the IMFL / Beer supplied to the corporation.
(b) If, in certain exceptional cases where it is not feasible for him to issue sale /
VAT invoice, he will have to produce a mutual agreement ( as per Annexure-
13 ) with his supply source(s) specifically authorizing him to receive payment
on behalf of his supply source(s) also.
(c) Additional supply source(s) shall be added only after producing such mutual
agreement as per Annexure - 13.
7. STOCK HELD FOR SALE
7.1 If stock of Beer, IMFL, Rum & Wine and FMFL (including Cider & Brandy) is not
disposed off within 120, 150, 180 and 210 days respectively, the Corporation would
levy Inactive Stock Charges at Rs.3/- per case per day and any tax / levy
chargeable on Inactive stock Charges subject to for a period up to expiry date in
case of Beer and for a maximum period of 3 years in case of IMFL and FMFL. This
penalty will be charged proportionately in case of loose bottle also on the same
pattern. The Corporation out of any payment due to the Manufacturer shall recover
such Inactive stock Charges plus applicable taxes.
7.2 Without prejudice to 7.1 above, the Corporation may dispose of Beer and IMFL
lying unsold due to quality or damage and the difference between the price of
delivery of Beer/ IMFL / FMFL and the amount so real ized shall be borne by the
Manufacturer.
7.3 Further, it is agreed that any stock of Beer/ Ready to drink (IMFL) lying unsold in
the depot of the Corporation for a period exceeding six / twelve months from the
date I month of bottling or declared unfit for human consumption shall be drained
out by the Corporation. No payment shall be made in respect of such stock. In case
where such beer / Ready to drink (IMFL) is not drained out in the Depot itself, the
breweries are allowed to take the old stock of beer back to their factories where the
same will be drained out under the supervision of Excise Department. The decision
with regard to refund / adjustment of Excise Duty on such stocks (taken back to
factory) shall be taken by Excise Department as per the provision of Rajasthan
Excise Act/ Rules.
7.4 The Corporation may, on its own accord, or on the representation · of the
Manufacturer, review the storage time aforesaid.
7.5 Any abnormal storage loss attributable to the Manufacturer shall be borne and
made good by the Manufacturer.
8.1 The Manufacturer shall offer all facilities to the Corporation for supervising and
verifying various activities like manufacturing, measuring, bottling, sealing, loading,
transporting, unloading, etc.
Page 24
Liquor Sourcing Policy 2021-22
• 8.2 It shall be open to the Corporation to post its officials under/ or of the Government
and / or any technical and security personnel as it may deem it necessary from time
to time.
8.3 More · particularly, the Corporation shall have unhindered access to all
manufacturing and appurtenant facilities and records of the Manufacturer for
verification and inspection. It shall be entitled to monitor the movement of raw
materials into and finished goods from the premises of the Manufacturer.
9.1 The Manufacturer shall comply with the requirements of all laws, which are
applicable for him, including timely remittance of tax dues and filing of returns.
9.2 Any statutory tax/ levy/ cess including Service Tax but excluding taxes on income,
if any, leviable on the transactions under the agreement as per applicable laws,
shall be paid / payable by the manufacturer I supplier to the Corporation in addition
to any other charges as per the agreement.
10.1 Upon the occurrence of any event of Force Majeure, the Party being affected by
such event shall, without delay, notify the other Party in writing.
10.2 In the event.of any failure in performance due to any Force Majeure condition, such
as war, strike, fire, natural disaster, or any other cause whatsoever beyond the
control of the Party being affected, the Party so failing shall, to that extent, be
exempted during the period of such happening from the liabilities that would
otherwise result from its failure. The occurrence of the event of Force Majeure will
not relieve either party from performing its obligations at such times and to the
extent as may be possible after the intervention of the event of Force Majeure.
11. ARBITRATION
11.1 Any dispute, which may arise between the Parties herein shall be submitted to
arbitration. The arbitral award shall be conclusive, final and binding on both the
Parties herein. The Manufacturer has agreed with the Corporation to provide for the
nomination of a sole arbitrator by the Corporation only from amongst the following:
12. INDEMNITY
12.1 The Manufacturer shall keep the Corporation harmless and indemnified in all
matters arising from supply of the Liquor to the Corporation and its subsequent
disposal. Any third party claims arising, the Manufacturer at his cost shall settle
retailer or consumer.
Page 25
I
GM (Operation)
Name:
WITNESSES: Signature of Manufacturer
Name:
1. Designation:
2.
Seal
Mobile No.
Page 26
Liquor Sourcing Policy 2021 -22
Annexure 4
AGREEMENT
Tl")is Agreement made at Jaipur on .... ... .... ... day of ..... .. ........ Two Thousand Twenty One
- Twenty two between the Rajasthan State Beverages Corporation Limited (RSBCL)
having its Head office at "Vitta Bhavan (D Block, 1st Floor), Jan path (Near State
Assembly), JAIPUR - 302005 (Rajasthan) represented by its General Manager
(Operations) Shri .. .... .... ........... , (hereinafter called the 'Corporation') which term, unless,
repugnant to the context, shall mean and include its executors, administrators,
successors-in-interest, assigns, etc., of the ONE PART
AND
M/s... .. . ... ... ... ... ... ... .. . ... ... ... .. . ... ... ... ... ... ... .. . ... .. . . .. ... .. . . .. ... .. . ... ... . . . . .. represented
by Shri. .. . .. .. . . . . . .. .. . . .. .. . .. . . .. ... . .. . .. . .. . .. .. . . .. .. . . (Hereinafter called the , importer' or
alternately the "Manufacturer", the term including the Supplier) which term, unless,
repugnant to the context, shall mean and include its executors, administrators,
successors-in-interest, assigns, etc., of the OTHER PART. That Shri ... .... ..... .... has been
authorized to represent the Company I Firm / Society in all matters connected with and in
relation to the liquor supplies to the Corporation for the year 2021-22 in the Territory of
State of Rajasthan. (Power of attorney attached)
WHEREAS the Corporation registered under the Companies Act, 1956, is a Government
Company within the meaning of Section 617 of the said Act.
WHEREAS the Manufacturer is a licensee under Rule ... of the ... .. . ... Rules. (Mention the
details of the concerned State Act I Rules). That the said M/s ... ...... .. (Distillery/ brewery/
winery / bottling plant) is an individual / a partnership firm/ a public limited company I a
private limited company I a co-operative society registered under the Companies Act,
1956 / Partnership Act, 1932 / relevant co-operative societies Act. (Mention the relevant
Act I Rules). And the said M/s ............... are not ineligible under Rajasthan Excise Act and
relevant Rules framed thereunder.
WHEREAS the parties herein have entered into this Agreement for the distribution of
Liquor on the following terms and conditions.
Page 27
Liquor Sourcing Policy 2021-22
1.2 The Manufacturer shall not claim the right for distribution of Liquor through the
Corporation.
2. DELIVERY
2.1 The Manufacturer shall bottle, seal, pack, load, transport, unload and stack the
Liquor at the depots of the Corporation at its cost and risk. The Corporation is not
liable for any transit risk and other perils. In its own interest, the Manufacturer may
arrange for an insurance coverage for all the risks including transit risk.
2.2 The Manufacturer shall ensure that the Liquor is transported in an exclusive vehicle
and that other goods are not transported in it.
2.3 The Manufacturer shall deliver the Liquor in good condition within such time and at
such depots as specified by the Corporation.
2.4 The Manufacturer shall bear transit losses and damages as defined in clause 8.2
and 9.2 of LSP 2021-22. The Manufacturers shall not claim for shortages, if any,
arising from the difference between the quantities as dispatched it and the stocks
actually delivered.
2.5 Delivery shall be in line with the Orders for Supplies placed by the Corporation and
shall be completed within the period specified by the Corporation. Short supplies, if
any, shall not be carried forward beyond the validity period of the Order for
Supplies.
2.6 Non-delivery and I or repeated delays in adhering to the delivery schedule may
entail in recall of the pending Order for Supplies, suspension of distribution and
may attract other penalties as may be imposed by the Corporation.
2.7 The Manufacturer shall, as may be required by the Corporation, transfer Liquor
from one depot to another depot of the Corporation to enable quick disposal of
Liquor and shall bear the cost incurred towards inter depot transfer fee loading,
freight, unloading, etc. Any transit damages that may arise on account of such
transfer shall be borne by the Manufacturer.
3. QUALITY
3.1 The Corporation may, from time to time, specify the quality of Liquor to be delivered
and the Manufacturer shall adhere to such quality specifications. As per orders of
Government of Rajasthan, only such IMFL would be marketed in Rajasthan, which
are manufactured with Extra-Neutral Alcohol (ENA) as the base raw material. (For
example, no IMFL would be sold with Rectified Spirit as the base raw material).
Page 28
Liquor Sourcing Policy 2021-22
3.2 The Corporation may reject the Liquor that does not confirm to the quality specified
by it. If the Liquor is found to be unfit for human consumption, the same would be
destroyed, disentitling the Manufacturer to claim any amounts therefrom. However,
if the rejected Liquor is such that, it is fit for human consumption, but does not meet
the standards specified by the Corporation, the same would be disposed off in
accordance with the rules framed under the Rajasthan Excise Act, 1950. The
consideration to be paid to the Manufacturer would be determined by the
Corporation, based on the cost of disposal, statutory duties, etc.
4. CANCELLATION OF ORDERS
4.1 The Corporation shall, without prejudice to its legal rights, have the right to forthwith
terminate any or all Order for Supplies placed on the Manufacturer and forfeit
deposits, if any, if the Manufacturer or any of his representatives, workers,
employees, agents, etc.,
(a) indulge in any activity which is directly or indirectly prejudicial to the interest
of the Corporation; or
(b) indulge in forgery, falsification, fabrication of any document, bill, voucher or
delivery challan or commit any offence in connection with the manufacture
and supply of Liquor, and other offence which is punishable under law.
4.2 All losses incurred by the Corporation on account of the Manufacturer, his
representatives, workmen, employees, etc. committing the above said prohibited
acts, shall be recovered from the Manufacturer.
4.3 If the Manufacturer indulges in any unfair trade practice, the Corporation shall have
the right to cancel the Order for Supplies placed on the Manufacturer.
4.4 If any supplier violates the provisions of LSP or Agreement made thereunder, the
action may be initiated against such defaulter supplier as per the provisions of LSP
I Agreement.
5. PRICE
5.1 The Manufacturer shall deliver the Liquor at a price as may be indicated by the
Corporation.
5.2 Any difference due to price reduction on account of revIsIon in price by the
Manufacturer or due to a change in duties shall be borne by the Manufacturer.
5.3 The Manufacturer shall communicate to the Corporation for any sales promotion
scheme/activity including the price structure, validity period, etc., at least two weeks
prior to its introduction to the market.
6. PAYMENT
6.1 The Corporation may advance, either in full or in part, the duties paid or to" be paid
by the Manufacturer to the Government. The Corporation would, from time to time,
determine the interest payable on the amount so advanced, and the Manufacturer
shall pay the same. The Corporation shall be entitled to deduct such advance, the
interest due or other dues from any amounts due to the Manufacturer.
Page 29
- - - - - - - - - -- - - -- - --- -- -
6.2 Payment for the Liquor delivered (less the amount advanced) shall be made only
after the disposal of Liquor, and is subject to any periodicity that may be specified
by the Corporation.
(a) Corporation will release payment preferably to the brand owner who has got
the brand registered in its name by Excise Department and only he will issue
sale I VAT invoice of the IMFL / Beer supplied to the corporation.
(b) If, in certain exceptional cases where it is not feasible for him to issue sale /
VAT invoice, he will have to produce a mutual agreement ( as per Annexure-
13 ) with his supply source(s) specifically authorizing him to receive payment
on behalf of his supply source(s) also.
(c) Additional supply source(s) shall be added only after producing such mutual
agreement as per Annexure - 13.
7.1 If stock of Beer, IMFL, Rum & Wine and FMFL (including Cider & Brandy) is not
disposed off within 120, 150, 180 and 21 O days respectively, the Corporation would
levy Inactive Stock Charges at Rs.3/- per case per day and any tax / levy
chargeable on Inactive stock Charges subject to for a period up to expiry date in
case of Beer and for a maximum period of 3 years in case of IMFL and FMFL. This
penalty will be charged proportionately in case of loose bottle also on the same
pattern. The Corporation out of any payment due to the Manufacturer shall recover
such Inactive stock Charges plus applicable taxes.
7.2 Without prejudice to 7.1 above, the Corporation may dispose of Beer and IMFL
lying unsold due to quality or damage and the difference between the price of
delivery of Be.er I IMFL/FMFL and the amount so realized shall be borne by the
Manufacturer.
7.3 Further, it is agreed that any stock of Beer/ Ready to drink (IMFL) lying unsold in
the depot of the Corporation for a period exceeding six / twelve months from the
date I month of bottling or declared unfit for human consumption shall be drained
out by the Corporation. No payment shall be made in respect of such stock. In case
where such beer I Ready to drink (IMFL) is not drained out in the Depot itself the
breweries are allowed to take the old stock of beer back to their factories where the
same will be drained out under the supervision of Excise Department. The decision
with regard to refund / adjustment of Excise Duty on such stocks (taken back to
factory) shall be taken by Excise Department as per the provision of Rajasthan
Excise Act / Rules.
7.4 The Corporation may, on its own accord, or on the representation of the
Manufacturer, review the storage time aforesaid.
7.5 Any abnormal storage loss attributable to the Manufacturer shall be borne and
made good by the Manufacturer.
~ Page JO
Liquor Sourcing Policy 2021-22
8.2 Any statutory tax/ levy/ cess including Service Tax but excluding taxes on income,
if any, leviable on the transactions under the agreement as per applicable laws,
shall be paid / payable by the manufacturer / supplier to the Corporation in
additional to any other charges as per the agreement.
9. FORCE MAJEURE
9.1 Upon the occurrence of any event of Force Majeure, the party being affected by
such. event shall , without delay, notify the other party in writing.
9.2 In the event of any failure in performance due to any Force Majeure condition, such
as war, strike, fire, natural disaster, or any other cause whatsoever beyond the
control of the Party being affected, the Party so failing shall, to that extent, be
exempted during the period of such happening from the liabilities that would
otherwise result from its failure. The occurrence of the event of Force Majeure will
not relieve either party from performing its obligations at such times and to the
extent as may be possible after the intervention of the event of Force Majeure.
10. ARBITRATION
10.1 • Any dispute, which may arise between the Parties herein, shall be submitted to
arbitration. The arbitral award shall be conclusive, final and binding on both the
Parties herein. The Manufacturer has agreed with the Corporation to provide for the
nomination of a sole arbitrator by the Corporation only from amongst the following:
(a) Any retired Judge of the High Court of Rajasthan
(b) Any retired Chief Secretary or Additional Chief Secretary to Government of
Rajasthan.
(c) Any retired Excise Commissioner to Government of Rajasthan.
11. INDEMNITY
11.1 The Manufacturer shall keep the Corporation harmless and indemnified in all
matters arising from supply of the Liquor to the Corporation and its subsequent
disposal. Any third party claims arising, the Manufacturer at his cost shall settle
retailer or consumer.
11.3 That the manufacturer / supplier shall indemnify RSBCL in case the pending
dispute pertaining to service tax and any other amount payable under the Act on
sale / supply of liquor is decided by the competent court against RSBCL.
Page 31
I
12. JURISDICTION
12.1 Both the parties are amenable to the jurisdiction of the Jaipur City Civil Court only
irrespective of where the cause of action or a part of it arises.
13. LIQUIDATED DAMAGES
13.1 Notwithstanding any clause hereinabove, the Manufacturer / Supplier is liable to
pay liquidated damages in the following manner for each breach / violation of LSP
and for terms & conditions of Agreement:-
13. 2 Further if the liquidated damages are not paid within three days from the date of the
receipt of the demand intimation, the Manufacturer is liable to pay interest on the
quantified liquidated damages at 12% per annum .
14. It is further agreed on that, any term & condition, which is related to the Corporation
and suppliers, but not indicated herein, shall be as per specific provisions of Liquor
Sourcing Policy 2021-22.
15. All provisions as contained in the LSP will also form a part of this agreement.
IN WITNESS WHEREOF, the Corporation and Manufacturer have set and subscribed
their signatures and seals on the day, month and year aforementioned in the presence of
the following attesting witnesses
Name:
WITNESSES: Name:
1. Designation:
2.
Seal
Mobile No.
Page 32
Liquor Sourcing Policy 2021-22
Annexure--5
Page 33
Liquor Sourcing Policy 2021-22
24) Sikkim
25) Tamil Nadu
26) Tripura
27) Uttaranchal
28) Utar
Pradesh
29) West
Bengal
30) Andaman &
Nicobar
31) Chandiqarh
32) Dadra &
Nagar
Haveli and
Daman & Diu
33)
Lakshadveep
34) Pondicherry
35) Ladakh
* In case the brand is not being sold in any State I UT, please mentioned,
"Not offered".
(Complete details of supplies made to all States should be indicated)
It is CERTIFIED that all the States/ Union Territories, to which any sale was made
during 2019-20 and/ or 2020-21 have been included in the table above.
It is further CERTIFIED that no sale has been made (not even one case) at any
EDP lower than the EDP shown in above table against the name of each state /
UT.
B. Name of International Beer Brands (Price converted from US$ to Rs. per case of
Quarts) Separate Para/ Chart for each brand)
Name of 2019-20 2020-21
Country Upto the last date of
preceding month )
Q p N Q p N
Sale EDP/ Sale EDP/ Sale EDP/ Sale EDP/ EDP/ Sale EDP/ Sale
in Cases in Cases in Cases in Cases Cases Cases In Cases in Cases
Cases Cases Cases Cases
i) India
ii) USA
iii)UK
iv)France
v) Australia
vi) & So on
vii)
2. I / we certify that the minimum ex-distillery / brewery I winery price net of all duties
discounts / rebates I commissions of whatsoever nature allowed in respect of any
market in India as on 28.02.2021 are as per details furnished hereunder:-
S. Name of the brand* Minimum EDP per case fixed for 2020-21
No. anywhere in India but excluding Rajasthan State
QUART PINT NIP
I I
I I
Page 34
Liquor Sourcing Policy 2021 -22
* Details of all variants of brands having similar key word and registered / sold in
Rajasthan or elsewhere, this year or last year should be compulsorily mentioned in
table 2. (Pl. see para 2.4 and 3.1 of LSP). Details given in table 1(a) may also be
appended for each of such variants.
2 (A) Details of EDP/MRP in adjoining state as on 31 s1March 2021
Name of Adjoining State
Brands Haryana Delhi Punjab Chandigarh M.P. U.P.
DEPONENT
Name(s) and Add ress in block letters of Managing Director or whole time Director or Chief
Executive Officer or any other person duly authorized by the Board of Directors of the
Company I Secretary. (In case of Society) /Partner (In case of partnership firm)Proprietor
(In case of proprietorship firm) of M/s ... ... .... .. ...... ... .... ... .. .
VERIFICATION
I, the above named deponent, do hereby verify that the above contents are true to the best
of my knowledge and belief and that nothing has been concealed therefrom.
DEPONENT
Name(s) and Address in block letters of Managing Director or whole time Director or Chief
Executive Officer or any other person duly authorized by the Board of Directors of the
Company I Secretary. (In case of Society) /Partner (In case of partnership firm) Proprietor
(In case of proprietorship firm) of M/s ... ... ..... . ............. ..... .
Page 35
- - - - - -- - - - - - - - - - - -
Annexure-6
(Note: - Separate Statement to be enclosed for each brand of IMFL / Beer/ Wine)
Part I GENERAL
Note: In case the Excise Commissioner, Rajasthan, approves the label of the brands the
original copy of the same must be enclosed.
Page 36
Liquor Sourcing Policy 2021-22
PART II SALES
2019-20 2020-21
(Upto the last date of
precedinq month)
8 Combined all India sale including supplies
to CSD excluding Rajasthan during the .
last two years (In Cases)
Page 37
Liquor Sourcing Policy 2021-22
Page 38
Liquor Sourcing Policy 2021-22
Annexure 7
Cost sheet of Liquor brands
(In cases of supplies from Manufactures in the state)
(Please refer to clause no. 3.5 of LSP 2021-22)
(To be given on the letterhead of the Supplier)
Place:
Date: Authorised signatory
(Name)
Note: The cost sheet may be revised as per the notifications related to Central I State levies/ Taxes issued
from time to time.
Page 39
I
*CST @ 2% of EDP/ ESP + Export Fee + Excise Duty + Import Fee + Addi. Excise Duty
**ED at applicable rates on EDP / ESP for Excise Duty + CST
*** Export Fee - Document to be submitted as per clause 1.1 B (ix) of LSP.
Page 40
Liquor Sourcing Policy 2021-22
Annexure 9
Revised Cost sheet of Liquor brands Imported from Outside the Country after payment
of Custom duty
(Please refer to clause no. 3.6 of LSP 2021-22)
Name of the brand
Size of the pack (in ml)
750 VAT Surcharge 375 VAT Surch arge 180 VAT Surcharge
Annexure 10
Cost sheet of Liquor brands imported Duty Free from Outside the Country
(Please refer to clause no. 3.6 of LSP 2021-22)
(To be given on the letterhead of the supplier)
Page 42
Liquor Sourcing Policy 2021-22
Annexure 11
Specimen signatures of the Officers Authorized to sign and issue
Order for Supplies (OFS)
(Please refer to clause no. 4.2 of LSP 2021-22)
1)
General Manager (Operation)
2)
1)
General Manager (Administration)
2)
1)
General Manager (F&A)
2)
Manager (Operation) 1)
2)
Note: Any officer of RSBCL may be authorised by the M.D for this purpose.
Page 43
Liquor Sourcing Policy 2021-22
Annexure-12
(For new Supplier only)
Place: . Sci/-
Date: Authorised signatory
Name with Designation & seal
Signature of Shri. .......... . (name of the person)
Attested
Sci/-
Authorised signatory
(Name)
Page 44
Liquor Sourcing Policy 2021-22
Annexure-13
Agreement I MOU
(to be executed on stamps of Rs. 500/-)
(Please refer to clause no. 1.1 (B) (vi) of LSP 2021-22)
This Agreement/MOU made at Jaipur on ....... ... .. ... , Two Thousand Twenty One -
Twenty two between Mis ............... ... (Brand Owner) hereinafter referred to as Brand
Owner (which expression shall unless it be repugnant to the context or meaning thereof be
deemed to include its successors in business and assigns) of the ONE PART
AND
1. Mis ...... ... .. . ..... ... (Supplier/Distillery) represented by Shri .... ................ .. .. .. . ...... ..
2. Mis .... .. .. .. ... .. .. ... (Supplier/Distillery) represented by Shri ..... . ....... ... ....Hereinafter
called the .. .............. , (which expression shall unless it be repugnant to the context or
meaning thereof shall be deemed to mean and include its successors in business and
assigns) of the OTHER PART. That Shri .. ........ ..... has been authorized to represent
the ...... .. ...... in all matters connected with and in relation to the liquor supplies to the
Corporation for the year 2021-22 in the Territory of State of Rajasthan.
WHEREAS
A Mis ...... .... .. .. .. (Brand Owner) is having its own unit at .... .. .. and is supplying goods
to RSBCL and its Brand/Rates are approved by RSBCL.
B. M/s .. . ......... ... ... (Brand Owner) for convenience want to get its Brand supplied
through Mis ........ . ... ....... (Supplier/Distillery) to RSBCL.
1. The M/s ... .... .. ... .... ... (Supplier/Distillery) hereby agrees and confirms that in the
light of above arrangement, RSBCL shall make all payments including VAT
alongwith goods value to M/s ... ........... . . (Brand Owner) in respect of the said
products supplied and sold by them. The payments so made shall be towards
supply of liquor by Supplier/Distillery.
2. The M/s ..... . ............ . (Supplier/Distillery) agrees to transfer all their credit / debit
(recorded by RSBCL in their books) periodically to Mis .............. (Brand Owner)
who is the owner of brands and the M/s .. .... .... .. .... ... (Supplier/Distillery) ·is selling
and supplying the said products as per manufacturing agreement and is bound by
the agreement dated ... ... .... .. ... ... . between M/s ....... ... .. ..... .. ... .. .. . .
3. M/s .................. agrees that all entries like breakages, Inactive stock Charges etc.
or any other entry in the Ne of manufacturer (Supplier/Distillery) which are within
the system, will also be debited/ credited to M/s ........ .... .... (Brand Owner).
Page 45
I ------ - - -
4. This agreement / MOU shall also take care of any outstanding entry of previous
years.
5. It is agreed between the parties hereto that all taxes, levies and any other duties
imposed by Govt. from time to time whatsoever payable in respect of the said
Products sold and supplied to RSBCL by Mis ............. (Supplier/Distillery) shall be
in the first instance borne by Mis ................ .. ... (Brand Owner).
6. The Parties hereto in all other respects confirm the Agreement / MOU
dated ... ....... executed between themselves.
Page 46