- 1. Short title and commencement
- 2. Definitions
- 3. Settlement of licenses for retail sale
- 4. Power to fix the number and location of retail shops
- 5. Period of Licence
- 6. Grant of licence
- 7. Application for grant of license
- 8. Eligibility conditions for applicants
- 9. District Level Committee for Licensing
- 10. Selection of licensee
- 11. Statement of settled shops
- 12. Payment of Basic License fee & Security amount
- 13. Lifting of liquor
- 14. Payment of monthly installment of licence fee and consequences of failure
- 15. Lifting of country liquor in excess of monthly minimum guaranteed quantity
- 16. Maximum Retail Price
- 17. Hours of sale and closure of shops
- 18. Disposal of balance stock left at the expiry of the license
- 19. Surrender of licence
- 20. Interim Settlement of shop
- 21. Suspension/cancellation and Compounding of the license and penalties
- 22. Rescission and saving
- TERMS AND CONDITIONS
- List of Amendments and Notifications
1. Short title and commencement
(i) These rules may be called the Uttar Pradesh Excise (Settlement of licences for Retail Sale of Country Liquor) Rules, 2002
(ii) They shall come into force from the date of their publication in the Gazette.
2. Definitions
(1) In these rules, unless there is anything repugnant in the subject or context:-
(a) “Act” means the United Provinces Excise Act, 1910 as amended from time to time.
(b) “Additional Consideration Fee” means difference amount obtained as a result of rounding off the optimum retail price of country liquor to the next multiple of five rupees, which shall be payable at Distillery level and recoverable by distillery from wholesale supplier in addition to Ex-Distillery Price and which in turn could be recovered by wholesale supplier from retail licensee in addition to maximum wholesale price. But this amount of additional consideration fee shall not be adjusted against the license fee payable by retail licensee;
(c) “Annual Minimum Guaranteed Quantity (MGQ)”, means the quantity of “Strong” country liquor (in terms of 36% v/v) as fixed by the Licensing Authority in accordance with the general or specific instructions issued by the Excise Commissioner and guaranteed by the licensee to be lifted by him for his retail shop during an excise year for the purpose of retail sale. However, if any license is granted after the commencement of the excise year then its annual minimum guaranteed quantity shall be reduced proportionately in accordance to the number of days remaining in the excise year;
(d) “Basic License Fee” means that part of consideration fee for the grant of license for the exclusive privilege of retail sale of country liquor under section 24 of the Act, payable by the person selected as licensee before the license is granted to him, for the whole excise year or part thereof on such rates as notified by the Excise Commissioner in consultation with the State Government from time to time:
Provided that if settlement is done in midsession the basic license fee will be in proportion to remaining minimum guaranteed quantity.
(e) “Consideration Fee” means a fee fixed, per liter by the State Government under Section 30 of the Excise Act according to the strength of the country liquor to be deposited in the Government Treasury by the licensee before taking supply of country liquor;
(f) “Country Liquor” includes liquor of 25 percent (perfumed), 36 percent (spiced) manufactured from Extra Neutral Alcohol (ENA) and 36 percent and 42.8 percent (spiced) U.P. Made Liquor (U.P.M.L.) having such alcoholic strength as may be fixed by the Excise Commissioner with prior sanction of the State Government from time to time;
(g) “Daily Basic License Fee” means that part of consideration fee which is payable by the grantee in interim license on such rate as notified by the Excise Commissioner with prior sanction of the State Government;
(h) “Daily Minimum Guaranteed Quantity” shall be 1/365th part of annual minimum guaranteed quantity;
(i) “Earnest Money” means the amount equal to 1/10 of the amount of basic license fee, to be tendered with application form, for ensuring the fulfillment of the eligibility conditions for the grant of license and is liable to be forfeited in case of default under provisions of rule 12 of these rules;
(j) “Excise Year” means the financial year commencing on 1st April to 31st March of the next calendar year;
(k) “Family” means and includes spouse (husband or wife), dependent son (s), unmarried daughter (s) and dependent parents;
(l) “Form” means a form appended to these Rules;
(m) “Hierarchy” means the earnest money of shops in the descending order purported to be the basis for the selection of licensee through the process of e/lottery;
(n) ‘Individual’ means a person who is the citizen of India not below the age of twenty-one years;
(o) “Licensing Authority” means the Collector of the District;
(p) “License Fee” means the remaining part of consideration fee for grant of license for exclusive privilege of retail sale of country liquor under section-24 of the Act, payable by the licensee, in addition to the basic license fee. This sum shall be equal to the consideration fee leviable on the annual minimum guaranteed quantity fixed for the shop:
Provided that if settlement is done in midsession it will be equal to consideration fee leviable on minimum guaranteed quantity.
(q) “Monthly Installments of License Fee” It shall be in addition to basic license fee which shall be equal to the consideration fee involved in the minimum guaranteed quantity of a month fixed by the licensing authority and shall be payable every month. However the consideration fee involved in the quantity of the country liquor lifted during the month by the licensee, may be adjusted against the monthly installments of the licence fee subject to the provisions of these rules;
(r) “Monthly Minimum Guaranteed Quantity”- shall be the quantity obtain from apportioning Annual Minimum Guaranteed quantity into twelve equal parts;
(s) “Portal” means the electronic platform created specifically for the purpose of uploading information in the prescribed form with regard to the process of manufacturing liquor up to the terminal stage of its distribution;
(t) “Security amount” means a sum equal to the 1/10th part of the license fee excluding basic license fee, to be deposited through Fixed Deposit Receipt pledged in favour of District Excise Officer or through e-payment refundable after the final settlement of all the claims and dues to the State Government.
Provided, in case of renewal security deposited earlier through prior in cash or through National Saving Certificate (N.S.C.) or Bank Guarantee shall be acceptable till it is not refunded;
(u) “Settlement” means settlement or re-settlement of shops through renewal, e-lottery or e-tender which may take place on any day of the week by giving prior notice and intimation through the newspaper and website of the excise department. The settlement of shops for the forthcoming year may also be done prior to the cessation of preceding financial year;
(v) “Solvency” means financial eligibility criteria set for an applicant applying for the grant of retail license;
(w) “U.P. Made Liquor (U.P.M.L.)” means country spirit (spiced) manufactured from grain Extra Neutral Alcohol (ENA) having such alcoholic strength as may be fixed by the Excise Commissioner with prior sanction of the State Government from time to time.
(2) Words and expressions not defined in these rules but defined in the Act shall have the meanings respectively assigned to them in the Act.
3. Settlement of licenses for retail sale
(a) Subject to the provisions of these rules and subject to the payment of basic licence fee and security amount of the retail shop for sale of country liquor licenses shall be settled or re-settled by fixed fee system or by inviting offer as specified herein.
(b)The licence shall be granted in the Form C.L.5-C for retail sale of country liquor in sealed bottles or such containers as approved by the Excise Commissioner from time to time for consumption both “On” and “Off” the premises.
(c) Licensee/salesman/distiller shall be responsible for disposing these empty pet/glass bottles/ tetrapacks as well as capsules affixed upon them after being consumed at the shop as per the Solid Waste Management (SWM) Rules, 2016.
4. Power to fix the number and location of retail shops
Number of shops shall be fixed by the licensing authority under general or specific instructions issued by the State Government or by the Excise Commissioner from time to time. The shops shall be geo-tagged and geo fenced in order to ensure location of shops. Location of shop shall be as per the provisions of Uttar Pradesh Number and Location of Excise Shop Rules, 1968 as amended from time to time.
Provided that the State Government or Excise Commissioner may create new shops during an excise year on demand of Licensing Authority of the district.
5. Period of Licence
The period of licence shall be for an excise year or part thereof for which the licence has been granted, but the licence may be renewed or extended for the next excise year according to the parameter of consumption as fixed by the State Government.
6. Grant of licence
The licence shall be issued on payment of basic licence fee preferably through e-payment platform and deposit of security amount through Fixed Deposit Receipt pledged in favour of District Excise Officer or through e-payment in accordance with the provisions of these rules:
Provided that in case of renewal security deposited earlier through in cash or through National Saving Certificate (N.S.C.) or Bank Guarantee shall be acceptable till it is not refunded. The licencee shall be required to furnish the solvency certificate or certificate of owned property issued by an authorized Income Tax Valuer in original copy in the district from where it has been issued at the time of grant of licence.
7. Application for grant of license
(a) Whenever a new licence is proposed to be granted in an area or locality the licensing authority shall invite the applications for this purpose after giving wide publicity through daily newspaper having circulation in that area and website of the District as well as website of the Excise Department (www.upexciseportal.in).
(b) A list of the retail shops of country liquor for whichthe Collector proposes to grant license shall be exhibited along-with shopwise basic license fee, annual minimum guaranteed quantity, license fee security amount and the earnest money at the Collector’s office, Tehsil Offices and the Officers of the District Excise Officer as well as the Deputy Excise Commissioner of the Charge. This information shall also be displayed on the website of the Excise Department (www.upexciseportal.in) along with the website of each District.
(c) Application for grant of license shall be submitted online as per the time schedule advertised in newspapers. It shall be compulsory to. upload a photocopy of (i) Solvency certificate, or certificate of own property issued by authorized Income Tax Valuer (ii) PAN Card, (iii) Photocopy of Income tax return of the preceding year (iv) Affidavit in the prescribed format (v) Scanned copy of bank draft of earnest money which is issued in favour of District Excise Officer of the District of the concerned shop.
Payment of processing fee shall be made online at the rate as fixed by the State Government and Value Added Tax/Goods and Services Tax payable on the same.
(d) The last date to be fixed for the receipt of application shall not be earlier than such number of days as stipulated, in the advertisement in the newspapers and the website of Excise Department (www.upexciseportal.in)
8. Eligibility conditions for applicants
Eligible applicants for license of a retail country liquor shop must fulfill the following conditions namely-
(a) Application by an individual who is a citizen of India.
Provided, in case of renewal co-applicant, if any and who is a citizen of India, shall also be allowed.
No partnership firm or company shall be eligible for the grant of retail licence. Likewise, Wholesaler or Distiller/Manufacturer of liquor shall also not be eligible for holding licence of any type of retail shop.
No change in the status of applicant shall be allowed after allotment of shop. In case of death of licensee, the names of legal heirs/family members/ close relatives mentioned as nominee in the nomination affidavit (if any) given by licencee shall be considered as per priority mentioned in the nomination affidavit, if otherwise not ineligible, to hold the license for the remaining period of the license:
Provided that in the absence of any nomination affidavit of the deceased licensee, his legal heir, if otherwise eligible, may continue to hold the license for the remaining period of the license:
Provided further that if a license is jointly held by two persons, in the event of death of either of them, the survivor along with the nominee or legal heir of the deceased licensee, selected as above, if otherwise eligible, may continue to hold the license.
No distinction shall be made between the legal liabilities of the two persons who will be jointly and separately responsible.
(b) be above twenty-one years of age on the first day of the period fixed for receiving.
(c) not be defaulter/blacklisted or debarred from holding an excise license under the provisions of any rules made under Act. Any person who has been convicted of any excise offence by any court of law unless fully and finally acquitted shall be automatically debarred from holding the license.
(cc) The applicant shall be eligible to make only one application in his own name for any one shop.
Provided, in case of renewal, applicant and co-applicant both shall be eligible for applying and their mutual consent shall be essential for renewal.
(d) submit an affidavit duly verified by notary public as proof of the following namely-
(i) that he possesses or has an arrangement for taking on rent a suitable premise in that locality for opening the shop in accordance with the provisions of Uttar Pradesh Number and Location of Excise Shop, Rules, 1968 as amended from time to time.
(ii) that his proposed premises of the shop has not been constructed in violation of any law or rules.
(iii) that he and his family members possess good moral character and have no criminal background not have been convicted of any offence punishable under United Provinces Excise Act. 1910 or Narcotics Drugs and Psychotropic Substances Act, 1985 or any other cognizable and non-bailable offence.
(iv) that in case he is selected as licensee he will furnish a certificate issued by the District Collector or Superintendent of Police/Senior Superintendent of Police of the concerned district or an officer not below the rank of assistant commissioner of police nominated by the police commissioner of the concerning police Commissionerate of which he is resident, showing that he as well as his family members possess good moral character and have no criminal background or criminal record prior to issuance of license.
9. District Level Committee for Licensing
There shall be a District Level Committee for selection of licensees for retail sale of country liquor. The committee shall consist of the following members, namely-
(i) | The Collector of the District- | Chairman |
(ii) | The Senior Superintendent of Police/Superintendent of Police of the concerning district or an Officer not below the rank of Assistant Commissioner of Police nominated by the Police Commissioner of the concerning Police Commissionerate. | Member |
(iii) | One Gazetted Officer of Excise Department nominated by the Excise Commissioner | Member |
(iv) | The District Excise Officer of the District | Member/
Secretary |
10. Selection of licensee
(a) (i) License of shop may be renewable online under the terms and conditions specified by the State Government.
(ii) In case of non-renewal, licensees shall be selected shop wise through the process of e-lottery or e-tender, as specified by the State Government, through inviting online applications. District Excise Officer shall scrutinize the applications received online and prepare list of all eligible and ineligible applications, describing the reasons of ineligibility and shall put up this list before the District Level Committee of Licensing constituted for e-lottery and e-tender.
Provided that if a licensee dies after depositing the amount for renewal of shop for the next year and no application is made by any of his legal heirs or nominees for operation of the license or no heir/nominee is found suitable for this purpose, then the amount deposited for renewal (except processing fees) will be returned to the legal heir.
(b) The said committee shall identify eligible and ineligible applicants. In case of lottery the licensee shall be selected for each shop from amongst the eligible applicants through the computer driven randomized arrangement. Randomization process shall be adopted in the order of country liquor, model shops, foreign liquor and beer shops as per prescribed hierarchy under respective rule. In case of selection of licensee through e-tender the same aforesaid sequence shall be adopted. Not more than two shops including all categories of country liquor, model shop, foreign liquor and beer shall be allotted in favour of an applicant in the entire State.
Provided that aforesaid restriction limit shall not be applicable to matter related to renewal and mutation of licences in favour of legal heir/family member/close relative of deceased licencee/ licencees in the event of death of licencee/licencees as per procedure mentioned in Rule-8(a):
Provided further that in case of renewal of two or more shops in favour of any applicant in the entire state, he will be ineligible for selection of further shops through e-lottery.
(c) In case the selected applicants does not deposit the required basic licence fee or security amount and does not fulfill the prescribed formalities or is unable to arrange suitable premises for the shop within the stipulated period, the Licensing Authority shall cancel the allotment and take steps for resettlement of the shop through the process as prescribed by the Government.
(d) In case there is no application for a particular shop or no candidate is found suitable for a shop, the Licensing Authority shall take immediate steps for resettlement of the shop through the process as prescribed by the State Government.
11. Statement of settled shops
A statement of the settled shops along-with names and addresses of the licensees, geo-tagging of shops, shop-wise annual minimum guaranteed quantity, details of security amount and basic license fee deposited shall be sent by the District Excise Officer to the Excise Commissioner within fifteen days of the settlement or by 15th April, whichever is later, and the details of the same shall be entered into the prescribed register besides being uploaded on the website of the Excise Department (www.upexcise.in).
12. Payment of Basic License fee & Security amount
In case an applicant is selected as licensee, he shall deposit the entire amount of basic license fee within three working days of being intimated of his selection. He shall be required to deposit half of the security amount within ten working days of intimation of his selection and balance of the security amount within twenty working days of intimation of his selection.
Provided that if the security is not deposited within the stipulated period, a fine of Rs 2000/- per day shall be imposed. Only a period of 15 days along with penalty will be allowed for depositing the security and if the security is not deposited even in this additional period, the allotment of the shop shall be cancelled and the shop shall be resettled forthwith.
Entire amount of basic license fee shall be deposited by the applicant preferably through e-payment. Security amount shall be deposited through Fixed Deposit Receipt pledged in favour of District Excise Officer or through e-payment. Provided, in case of renewal, security deposited prior in cash or through National Saving Certificate (N.S.C.) or Bank Guarantee shall be acceptable till it is not refunded.
In subsequent year, the licence of the shop may be renewed on the desire of the licensee according to the parameter of consumption as fixed by the State Government. Difference amount of basic license fee and security shall be deposited for renewal within stipulated period as specified by the State Government.
Provided, if he fails to deposit the amount of basic license fee and security amount within prescribed period, his licence shall stand cancelled;
Provided further that in case of licence being settled through the e-lottery/ e-tender, his earnest money and basic license fee as well as the security amount, if deposited by him, and in case of licence being renewed, fifteenth percent of security amount of last year along with renewal fee and basic licence fee, if deposited by him, shall also be forfeited in favour of State Government and the said shop shall be resettled forthwith, in manner as prescribed by the Government.
13. Lifting of liquor
(a) The licensee under these rules shall obtain supplies of country liquor from any wholesale licence of the District after making full payment of cost price of country liquor including all taxes, duties, fees (including additional consideration fee) and cess as levied from time to time preferably through e-payment platform. The licensee shall place indent at-least seventy-two hours in advance to the wholesale licensee in the District from whom he intends to procure the supply of country liquor.
(b) In case of more than one wholesale licensee in any District the State Government may fix the limit of lifting, from any one wholesale licensee.
14. Payment of monthly installment of licence fee and consequences of failure
(a) The licensee shall be liable to pay the monthly installment of license fee by the last day of the month. However, the consideration fee involved in the quantity and strength of country liquor lifted by him during the concerned month shall be adjusted against the monthly installment of licence fee under the provisions of these rules:
Provided that in case licensee fails to lift entire MGQ of month, it shall be necessary for the licensee to pay the consideration fee as well as the additional consideration fee, payable on the basis of 200 ml bottles of country liquor of 36% v/v strength, involved in the MGQ not lifted.
(b) The licensee shall be required to submit his account and license fee passbook giving details of the country liquor lifted by him and license fee deposited to the District Excise Officer by 5.00 p.m. of the first day of the next month of verification and calculation of license fee due from him.
(c) In case there is any shortfall in the license fee after due adjustment of consideration fee involved in the country liquor lifted by the licensee or if he fails to make good the deficiency of license fee, then the District Excise Officer shall adjust the outstanding balance amount of license fee from the security deposit of the licensee and after having issued notice to the licensee by the Licensing Authority for depositing cash to replenish the deficit in security amount, action shall be ascertained while imparting due opportunity of hearing to him. The maximum duration of this proceeding shall be ten working days from the beginning of the month. After the lapse of stipulated period, the licence in question shall be cancelled by the Licensing Authority in case of failure to replenish the requisite security amount.
After the expiry of the month, the replenishment in the deficit of security amount shall not be permitted for lifting the quantity of country liquor in the forthcoming month.
(d) (1) The licensee desiring to transfer a portion of his Monthly Minimum Guaranteed Quantity, which he is not able to lift, to another licensee or licensees of the same type, may be allowed such transfer of such portion (quota) on a monthly basis, within an excise district.
(2) The transferor licensee shall make a request along with the consent of the transferee licensee to the District Excise Officer of the district. The terms of transfer shall be decided by both the transferor and transferee licensees mutually.
(3) On approval of the request of the transferor licensee, the quota agreed upon to be transferred by him shall be deducted from his Monthly Minimum Guaranteed Quantity and shall be deemed to have been lifted and it will be added as a transfer Monthly Minimum Guaranteed Quantity in the account of the transferee licensee. This quantity will be over and above the original Monthly Minimum Guaranteed Quantity of the transferee licensee and his obligation regarding lifting of his original quota shall not be affected.
(4) A quota transfer fee as prescribed by the Excise Commissioner with the previous approval of the State Government, shall be payable by the transferor licensee at the time of making such request:
Provided that the total quota transferred under this provision shall not exceed 20% of the Monthly Minimum Guaranteed Quantity of the transferor licensee. Similarly, the transferee licensee shall not be entitled to receive such transferred quota, in excess of 20% of his Monthly Minimum Guaranteed Quantity.
15. Lifting of country liquor in excess of monthly minimum guaranteed quantity
(1) The licensee may lift country liquor of any strength over and above the minimum guaranteed quantity for which licensee shall not be liable to pay any additional basic license fee. Further, the consideration fee involved in the lifting of the additional quantity shall not be adjusted against the license fee due for forthcoming months.
(2) Omitted
(3) Omitted
16. Maximum Retail Price
The maximum retail price as fixed by Excise Commissioner on sanction of the State Government, shall be printed on the labels of the bottles of containers of country liquor. The licensee shall not charge from consumers more than the maximum retail price printed on labels of bottles. In case of charging price above the Maximum Retail Price (M.R.P.), he shall be liable to punishment under rule-21.
17. Hours of sale and closure of shops
The licensed premises shall remain open for sale on all days from 10.00 a.m. to 10 p.m. except on 14th April (Ambedkar Jayanti), 15th August (Independence Day), 2nd October (Gandhi Jayanti), 26th January (Republic Day), and upto 3 more days as notified for closure by the Licensing Authority.
Licensing Authority may also order for closure of shop on account of law and order or General Election related activity under the provisions of relevant laws. No compensation shall be given for the closure of shop on above grounds:
Provided that the sale hours may be changed on special occasions for certain duration as the State Government may deem fit.
18. Disposal of balance stock left at the expiry of the license
(1) Any balance of country liquor quantity found outstanding and unsold at the expiry of the term of license shall be declared by the licensee brand wise, volume wise, intensity wise and packaging wise before the District Excise Officer on the next day by 12 p.m. Separate register shall be maintained for balance stock. Moreover, the balance stock shall be uploaded on portal by the District Excise Officer.
(2) The remaining balance stock available on retail Country liquor shops at the end of cessation of excise year may be sold by the 5th April of the next succeeding excise year, such sold stock shall not be adjusted against the M.G.Q of the month April.
Thereafter, the remainder stock shall be destroyed under the supervision of the Deputy Excise Commissioner of the charge by a joint committee of the District Excise Officer and the local Sub-Divisional Magistrate displaying videography.
19. Surrender of licence
A licensee may surrender his licence after giving at-least one month’s notice in writing to the Licensing Authority under provisions of section-36 of the Act. On receipt of such application the Licensing Authority will take steps for recovering all outstanding excise dues from his security deposit and refund the balance amount after obtaining orders of the Excise Commissioner. The Licensing Authority shall also proceed for resettlement of the shop without delay for the remaining period of the excise year.
20. Interim Settlement of shop
(a) In case a license is suspended cancelled or surrendered in accordance with the provisions of these rules or if the shop remains unsettled for any reasons the licensing authority may make interim settlement of the shop at the highest offer on the payment of daily basic license fee, on such rates as notified by the Excise Commissioner with prior sanction of the Government, and proportionate license fee (consideration fee and additional consideration fee involved in daily minimum guaranteed quantity) for a maximum period of fourteen days at one stretch or till the date of regular settlement, whichever is earlier. In case of obtaining two or more equal offers for one shop, settlement shall be done through the manual public lottery. Such licensee shall also be required to deposit refundable/ adjustable security amount equivalent to the duty involved in daily minimum guaranteed quantity for the period of interim settlement. Such settlement of shop can be done more than twice by the licencing authority, but in such situation it will be essential to inform the Excise Commissioner.
(b) omitted
(c) In case any license is cancelled or surrendered in accordance with the provisions of these rules, regular settlement of the shop shall be done as soon as possible by the Licensing Authority through the process of e-tender in mid-session after giving public advertisement. The intimation of aforesaid settlement shall be sent forthwith to headquarter.
21. Suspension/cancellation and Compounding of the license and penalties
(1) Licensing authority may suspend or cancel the license-
(a) if any bottle/tetra pack or container of country liquor is found in the licensed premises on which duty has not been paid and which does not carry security code affixed duly approved by the Excise Department as proof of payment of duty:
(b) if any bottle or container of any other kind of 5 liquor or intoxicating drug (for which license is not granted) is found in the licensed premises:
(c) If any liquor or intoxicating drug is found in the possession of licensee against the provisions of the Act or rules:
(d) if the affidavit submitted by the licensee at the time of application is found incorrect and assertions made therein are found to be false:
(e) If it is found that the licence has been obtained in a false name or the licensee is holding the licence on behalf of some other person:
(f) If the licensee fails to deposit monthly installment of license fee or replenish the deficit in security amount within prescribed period:
(g) If the licensee is convicted of an offence punishable under the Act or any cognizable and non-bailable offence or any offence punishable under the Narcotics Drugs and Psychotropic substances Act 1985 or of any offence punishable under Sections 482 to 489 of the Indian Penal Code, 1860.
(h) If any caramel, colour, essence, hologram/shrink sleeve or barcode, label, capsule, seal or other illegal material found in licence premises.
(i) If any Adulteration with water or any other substance/dilution of liquor mixing of low category liquor with high category liquor is found in the licensed premises. Action under other relevant provisions of law shall also be taken.
(2) In the aforesaid conditions-
The licensing Authority shall immediately suspend the license and issue a show cause notice for cancellation of license and forfeiture of security the licensee shall submit his explanation within 7 days of the receipt of notice. There after the licensing authority shall pass suitable orders after giving due opportunity of hearing to the licensee:
Provided that the procedure of suspension and cancellation of license related to relevant matter as adduced in the sub paragraph (f) of the aforesaid rule-21(1) shall be executed in accordance with the rule-14.
(3) In case the licence is cancelled the basic licence fee, license fee and security amount deposited by him shall stand forfeited in favour of the Government and the licensee shall not be entitled to claim any compensation or refund. Such licensee may also be blacklisted and debarred from holding any other excise license.
(4) Matter of compoundable breaches pertaining to retail licenses shall be liable to imposition with the following minimum compounding fee-
SI.
No. |
Type of violation | For First time
(in Rs.) |
For Second time (in Rs.) | For
third time (in Rs.) |
1 | 2 | 3 | 4 | 5 |
1 | Shop found opened before or after the stipulated time. | 2,500 | 3,000 | 5,000 |
2 | Unauthorized sales man found to be making sale. | 5,000 | 7,000 | 10,000 |
3 | Stock register not produced when asked for. | 10,000 | 15,000 | 20,000 |
4 | Stock register found incomplete. | 10,000 | 15,000 | 20,000 |
5 | Tempering with bottles and quarters or their labels or bar code, pilfer proof cap or seals. | 10,000 | 15,000 | 20,000 |
6 | Found having recourse to inducement to the customer with a view to increasing sales such as dancing or gambling. | 5,000 | 7,000 | 10,000 |
7 | To store duty paid stock in unauthorized premises/ware house. | 20,000 | 25,000 | 30,000 |
8 | Duty paid stock being found in excess of amount. | 25,000 | 30,000 | 50,000 |
9 | found selling of loose liquor. | 10,000 | 15,000 | 20,000 |
10 | found making sale of liquor during days of prohibition and closure. | 30,000 | 40,000 | 50,000 |
11 | Any alteration in the premises without permission. | 30,000 | 40,000 | 50,000 |
12 | Found selling of liquor above the prescribed MRP. | 75,000 | 1,50,000 | Proceeding of cancellation of license. |
13 | Non displaying of essential information according to rule or displaying faulty information on the signboard installed outside the premises. | 5,000 | 10,000 | 20,000 |
14 | On being found no proper arrangement of cleanliness in the shop. | 2,000 | 5,000 | 10,000 |
15 | If liquor issued to any one particular shop is found in another shop (due to bonafide reasons). | 2,000 | 5,000 | 10,000 |
16 | Any other irregularity, which is not mentioned under serial-01 to 15. | 2,000 | 5,000 | 10,000 |
22. Rescission and saving
(i) The Uttar Pradesh Excise (Settlement of licences for Retail Sale of Country Liquor) Rules, 2001 published with Excise Commissioner’s Notification No. 10805/X-97B– Sansadhan, dated March 8, 2001, as amended from time to time is hereby rescinded.
(ii) Notwithstanding such a rescission settlement already executed for the shops or groups of shops of country liquor for the Financial Year 2001-2002 under the provisions of the rule referred to in sub-rule (i) shall remain valid and continue in force till March 31, 2002.
TERMS AND CONDITIONS
- The licensee shall lift country liquor from CL-2 Godown of wholesale licensee after payment of cost and consideration fee in accordance with the provisions of rule-13 preferably by e-payment.
- The licensee is liable to pay the monthly installment of license fee by the last day of the month in accordance with the provisions of rule-14.
- Maximum Retail Price and strength shall be printed in visible bold font of 1×1 centimeter on the right top of labels of bottles/ Aseptic Brick Pack of country liquor/(U.P.M.L.). The retail licensee shall not charge more than the printed maximum retail price.
- The Sale of Country Spirit in sealed pet/glass bottles/Aseptic Brick for consumption both “on” and “off” the premises shall be allowed from the same Gaddi. A portion of the premises shall be set apart where only “on” consumption shall be permitted. Even for “on” consumption the country spirit/U.P.M.L shall not be served loose and licensee/salesman/distiller shall be responsible for disposing of pet/glass bottles and Aseptic Brick Packs as well as capsules affixed upon them after being consumed at the shop as per Solid Waste Management (SWM) Rules, 2016.
- The sales shall be made in sealed pet/glass bottles and Aseptic Brick of country liquor/ U.P.M.L of prescribed strength and capacity carrying security Code as approved by the Excise Department, as proof of payment of consideration fees.
- The licensee shall maintain a regular and accurate daily account in the form and register as prescribed by the Licensing Authority and SMS upload the same on Uttar Pradesh Excise portal be produced for inspection whenever asked by the competent inspecting authority. The licensee shall also furnish account of sale etc. and facilitate and provide the material and documents as required by the inspecting authority.
- The licensee shall not be allowed to carry on any other business on the licensed premises except sale of Country Liquor /U.P.M.L for which license is granted.
- The licensed premises shall remain open for sale on all days from 10.00 am to 10 pm, except on 14th April (Ambedkar Jayanti), 15th August (Independence Day), 2nd October (Gandhi Jayanti), 26th January (Republic Day) and upto 3 more days as notified for closures by the Licensing Authority, Licensing Authority may also order closure of shop on account of law and order or General Election related activity etc. under the provisions of relevant laws. No Consideration fee shall be given for the closure of shop on above dates/days.
Provided that the sale hours may be changed on special occasions for certain duration as the State Government may deem fit.
- The licensee shall store entire stock of Country Liquor /U.P.M.L in the licensed premises only. He shall be required to maintain P.O.S (point of sale) equipment as specified for scanning of bottles as per prescribed security code under the Track and Trace System.
- The licensee shall affix a conspicuous signboard at the entrance to the shop in the form/size approved by the Excise Commissioner on which the name of the licensee, designation, location of the shop, period of license, opening and closing time of shop and such other information as prescribed by Licensing Authority in bold letters shall be printed.
The signboard shall also display the following information :-
“>Consumption of liquor is prohibited outside near the premises of shop or at public places. Any contravention in this regard shall be punishable.
>Drunken driving can be fatal. Please do not drink and drive.”
- The licensee may provide within the licensed premises a reasonable seating accommodation i.e. a sufficient number of benches, “takhats”, chairs and tables etc. and provide tumbler, water, ice, soda, snacks and other cooked edibles.
- The Licensee shall not employ any person as salesman who is below 21 years of age or is suffering from any infectious diseases, has criminal background or a woman. The Licensee shall have to obtain Naukarnama of the salesmen bearing their photographs duly issued by the District Excise Officer, on payment of fee as prescribed by Government from time to time which shall be produced as and when demanded by inspecting authorities.
- The licensee shall not sell to any person more than the prescribed limit of country liquor/U.P.M.L except under permission granted in accordance with the Rule 28(3) of Rules relating to import, export transit and custody of country liquor under the provisions of Excise Manual Volume-1 (1995 edition).
- The sale should not be made to a person below the age of twenty-one years or any official in uniform.
- The licensee is strictly forbidden under any pretext whatsoever from tampering with bottles or with their labels, security Code, Pilfer proof caps or seals.
- The licensee shall not keep in his licensed premises any caramel, colour, essence, security Code making apparatus, labels, capsules, seals or any other noxious material.
- The licensee or his salesmen are strictly prohibited from keeping water on the Gaddi of the shop or within 5 feet of the place where Country Liquor/U.P.M.L is stored or kept for sale.
- The licensee shall be responsible for the proper upkeep and cleanliness including its drain etc. which shall be kept disinfected.
- All kujjar, pattals etc. used in the premises shall be removed immediately to specially erected empty receptacles or bins with a cover kept for this purpose which shall be cleaned at least twice during the sale hours.
- The premises in which the shop is situated, shall not be used as a place of residence except by the licensee/ salesmen and his family.
- The licensee is strictly forbidden from having recourse to any form of blandishment or inducement to the customer with a view to increase his sales. Gambling and dance programmes are strictly forbidden.
- The licensee shall on expiry of the license, report to the District Excise Officer for disposal of balance stock which will be disposed of in accordance with Rule-18.
- The licensee shall abide by the general or specific instructions issued by the Excise Commissioner or licensing authority from time to time.
- The licensee shall submit the list of sellers to the district excise officer for sale of liquor at his shop. The district excise officer shall accordingly issue Naukarnama in prescribed form after payment of fixed fee.