Vidhi Codex

section 6

Regulation of selling by Shop, by Bar and by In-House licenses

The Andhra Pradesh (Regulation of Wholesale Trade and Distribution and Retail, Trade in Indian Liquor, Foreign Liquor, Wine and Beer) Act, 1993
General199310 sections
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Statutory text
  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.

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