The Andhra Pradesh (Regulation of Wholesale Trade and Distribution and Retail, Trade in Indian Liquor, Foreign Liquor, Wine and Beer) Act, 1993

1. (1) This Act may be called the Andhra Pradesh (Regulation of Trade in Indian Made Foreign Liquor, Foreign Liquor) Act, 1993.
2. (2) It extends to the whole of the State of Andhra Pradesh.
3. (3) It shall come into force on such date as the Government may, by notification, appoint and they may appoint different dates for different areas and for different provisions.

In this Act unless the context otherwise requires.-

1. (1) 'appointed date' means the date appointed under sub-section
2. (3) of Section 1; 2-A. Levy "Levy" means, Levy shall include Privilege Fee, and any other Levy by whatever name called, but shall not include Margin (Trade Margin, Special Margin or by whatever name called).

1. (1) The Andhra Pradesh Beverages Corporation Limited, the Andhra Pradesh State Beverages Corporation Limited incorporated under the Companies Act, 2013 or any other Corporation wholly owned, controlled and authorized by the Government in this behalf shall have the privilege of supplying in wholesale the Indian Made Foreign Liquor and Foreign Liquor in the whole of the State of Andhra Pradesh and no other person shall be entitled to any privilege of supplying in wholesale the Indian Made Foreign Liquor and Foreign Liquor in the whole or part of the State. Explanation: For the purposes of this sub-section, "the Andhra Pradesh Beverages Corporation Limited, the Andhra Pradesh State Beverages Corporation Limited incorporated under the Companies Act, 2013 or any other Corporation wholly owned, controlled and authorized by the Government in this behalf" includes every person in-charge of and responsible to the Corporation for the conduct of its business.
2. (2) The Andhra Pradesh Beverages Corporation Limited, the Andhra Pradesh State Beverages Corporation Limited incorporated under the Companies Act, 2013 or any other Corporation wholly owned, controlled and authorized by the Government in this behalf shall have the privilege to sell Indian Made Foreign Liquor and Foreign Liquor in wholesale as per the rules made in this behalf. 4-A. Levy of Trade margin, Privilege fee etc
3. (1) The Government shall from time to time, specify the Privilege Fee or any other levy, by whatever name called, to be collected by the Andhra Pradesh Beverages Corporation Limited from the holders of licences.
4. (2) It shall be competent for the Government to prescribe the rates of trade margin or special margin which shall be collected by the Corporation during the course of its business of sale of liquor to retail consumers and other licensees. The amounts so collected shall be the income of the Corporation. 4-B. Remittance to the Government The Amount realized under section 4-A(1), being the income of the Government, shall be remitted by the Andhra Pradesh Beverages Corporation Limited to the Government in the manner specified by the Government. 4-C. Privilege fee etc., under sections 23(1), Notwithstanding anything contained in this Act, the Andhra Pradesh Excise Act, 1968 and the rules made there under or any order issued by the Government or the Commissioner of Prohibition and Excise, all amounts paid by the Corporation from 21-07-1993 to the Commissioner of Prohibition and Excise or the Government as privilege Fee or Special Privilege Fee or any other fee or cess, by whatever name called, in consideration of the privilege conferred on the Corporation, as per the provisions of sections 23(1), 23-A and 23-B of the Andhra Pradesh Excise Act, 1968 shall be deemed to be and always deemed to have been the income of the Government and due payment for the relevant years in terms of section 4B.

1. (1) On and from the appointed date, the sale by Shop in Indian Made Foreign Liquor and Foreign Liquor shall be regulated by rules made by the Government in that behalf: Provided that it shall be competent for the Corporation to inter alia, also undertake implementation of welfare programmes to benefit the members of Scheduled Castes, Scheduled Tribes and Backward Classes, as a part of its main objects as enabled in Chapter-II of the Act, as hereinafter provide.
2. (2) The privileges of selling by Bar and selling by In-House shall be regulated by the rules made by the Government in that behalf.
3. (3) Notwithstanding anything contained in section 5, it shall be competent for the Government to provide in such rules any transitional arrangements for carrying on the trade by Shop, Bar, or In-house, as regulated under such rules comes into being and also with regard to the stocks of Indian Made Foreign Liquor and Foreign Liquor remaining on the appointed date with Shop, Bar, or In-house. 6-A. Definitions for Chapter II In this chapter, unless the context otherwise requires :-
   • (a) Andhra Pradesh State Beverages Corporation Limited (herein after referred to as “Corporation”), means the Company established under the Companies Act, 2013 bearing CIN No. U15400AP2015SGC097161 to perform and undertake such activities enabled as per its Memorandum of Association
   • (MOA) and Articles of Association, as amended from time to time;
   • (b) “Backward classes” in relation to the State of Andhra Pradesh shall have the same meaning and inclusive of all classes in the list of Socially and Educationally Backward classes under Articles 15
4. (4) and 16
5. (4) of the Constitution of India;
   • (c) “Government” means the Government of Andhra Pradesh;
   • (d) “Scheduled Castes” in relation to the State of Andhra Pradesh shall have the same meaning as indicated in the list notified under Article 341 of the Constitution of India;
   • (e) “Scheduled Tribes” in relation to the State of Andhra Pradesh shall have the same meaning as indicated in the list notified under Article 342 of the Constitution of India;
   • (f) “State” means the state of Andhra Pradesh. 6-B. Statutory status of the Corporation The main objectives of the Corporation, shall inter alia include the following, in addition to the existing objectives:
6. (1) To utilize its income exclusively to promote the interests of the members of scheduled castes, scheduled tribes and backward classes in the State of Andhra Pradesh by implementation of various welfare schemes entrusted to the Corporation under this Act.
7. (2) In furtherance of the above, to include in its objectives, the activity of the servicing of the debt, if any incurred by the Corporation, from out of its exclusive operations, for the purposes of carrying out its principal objectives, i.e., the monopoly in liquor and the other main object being to implement the welfare programmes, as hereinafter provided for. Provided that the Corporation shall secure amendments to its Memorandum of Association and Articles of Association, in accordance with the above and shall continue to abide by the provisions of the Companies Act, 2013. 6-C. Entrustment of welfare programmes The Government shall from time to time, entrust to the Corporation, the implementation of welfare programmes initiated for the purpose of promoting the interests of the members of Scheduled Castes, Scheduled Tribes and Backward Classes in the State of Andhra Pradesh exclusively from out of the commercial activities of the Corporation. 6-D. Omitted [Omitted] 6-E. Accounts of the Corporation
8. (1) The Corporation shall maintain books of account and other books in relation to the business and transactions in such form, and in such manner, as prescribed under the Companies Act, 2013.
9. (2) The accounts of the Corporation shall be audited by an Auditor appointed by the Government, in consultation with the Comptroller and Auditor General of India.
10. (3) Within six
11. (6) months from the end of the financial year, the Corporation shall send a copy of the accounts audited together with a copy of the report of the Auditor thereon to the Government.
12. (4) The Government shall cause the accounts of the Corporation together with the audit report thereon forwarded to it under sub-section
13. (3) to be laid before the State Legislature, as far as possible before expiry of the next succeeding year to which the accounts and the report are related. 6-F. Concurrent audit
14. (1) Notwithstanding anything contained in section 6E, the Government may order that there will be concurrent audit of accounts of the Corporation by such person as it thinks fit. The Government may also direct a special audit to be made by such person as it thinks fit of the accounts of the Corporation relating to any particular transaction or class or series of transactions of a particular period.
15. (2) When an order is made under sub section (1), the Corporation shall present or cause to be presented for audit all such accounts and shall furnish to the person, for such information as the said person may require for the purpose of audit.

1. (1) If the person committing an offence under this Act is a company, the company as well as every person incharge of and responsible to the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation :—For the purposes of this section,—
   • (a) Company means any body corporate, and includes a firm or other association of individuals ; and
   • (b) ‘Director’ in relation to a firm, means a partner in the firm,

Notwithstanding anything contained in the Andhra Pradesh Excise Act, 1968 (Act XVII of 1958) or the rules made thereunder or in any judgement, decree or order of any court, tribunal or other authority every application made for the grant of renewal of any permit or licence of the nature referred to in sections 3 and 5 and pending before the Commissioner or before the State Government or any other authority on the appointed date and every action taken, or enquiry made, in respect of such application, shall abate and all fees paid in connection therewith (including the application fee and licence fee, if any) already paid shall be refunded.

Nothing contained in this Act shall apply to Military Canteen Stores Department dealing in Indian Liquor and Foreign Liquor.

The provisions of this Act shall have effect notwithstanding anything contained in the Andhra Pradesh Excise Act, 1968 (Act XVII of 1968).

1. (1) The Government may, by notification make rules for carrying out all or any of the purposes of this Act.
2. (2) Every rule made under this Act shall immediately after it is made, be laid before the Legislative Assembly of the State if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiration of the session in which it is so laid or the session immediately following, the Legislature Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

The Andhra Pradesh (Regulation of Wholesale Trade and Distribution and Retail Trade in Indian Liquor, Foreign Liquor, Wine and Beer) Ordinance, 1993 is hereby repealed.