Import of Overseas Foreign Liquor in Uttar Pradesh, Rules, 2003 (amended upto Second Amendment-2013)
1. Short title and commencement
(i) These rules may be called The Import of Overseas Foreign Liquor in Uttar Pradesh, Rules, 2003.
(ii) They shall come into force at once.
2. Definitions
In these rules, unless there is something repugnant to the context—
(a) “Act” means The United Provinces Excise Act, 1910 as amended from time to time:
(b) “excise year” means the financial year commencing from 1st April and ending with 31st March;
(c) “form” means the form appended to these Rules;
(d) “Overseas foreign liquor” means liquor imported into India from overseas countries which has paid duty on its importation under the Indian Tariff Act, 1894 or the Sea Customs Act, 1875, but does not include Denatured Spirit;
(e) “Licenced vendor” means the licence holder of wholesale or retail sale of foreign liquor.
3. Import of liquor
Overseas foreign liquor may be imported in Uttar Pradesh either direct from overseas countries or from any State or Union Territory of India by licensed vendor in accordance with the rules.
4. Application for permit of import
A Licensed vendor desiring to import overseas foreign liquor in Uttar Pradesh for wholesale or retail sale, shall present personally through his or authorised agent an application in form FL-33 for import permit to the collector or the District Excise Office of the place where the liquor is to imported. Treasury challan for the proof of the deposit of permit fee as fixed by the State Government from time to time, shall be attached with application.
Maximum capacity of any bottle of liquor to be imported shall be under the limit of maximum magnitude of retail sale in Uttar Pradesh.
5. Issue of Import permit
The Collector or the District Excise Officer of the place where the liquor is to be imported may receive the application and after verification of the deposit of permit fee, unless he sees any reason to the contrary, shall issue a permit for the import of the liquor. The permit shall be in triplicate in Form FL-34. One copy shall be given to the applicant to cover the import of the liquor from the place of import, the second copy shall be sent to the collector or such other officer as may be authorized in this behalf in the district of export and the third copy shall be retained by the permit issuing authority for the record and for verification of the consignment on its arrival.
Maximum capacity of any bottle of liquor to be imported shall be under the limit of maximum magnitude of retail sale in Uttar Pradesh.
A register of permits shall be maintained by the District Excise Officer in Form FL-35 and details of each permit issued shall be immediately entered in it together with the result of verification of the consignment.
6. Verification of consignment
On receipt of the consignment the applicant shall at once notify its arrival to the District Excise Officer or Excise Inspector of the place where the liquor is imported and shall allow him to check the consignment and examine its contents or to take a sample thereof for test, if necessary.
Provided that if the consignment is not verified by the District Excise Officer or Excise Inspector within 48 hours of the notice or arrival the importer shall have option of opening the consignment.
7. Application of Security hologram
(1)-After receipt of the consignment of overseas foreign liquor, the importer shall present indent for security hologram through District Excise Officer to the office of the Excise Commissioner, Uttar Pradesh. No bottle of overseas foreign liquor shall be kept in possession or shall be sold to the public without application of security hologram.
(2)-The sticker shall be affixed on the bottles of foreign liquor, beer and wine imported from other countries as follows:-
(a) A white coloured sticker in the dimension of minimum 70mmX35mm shall be affixed on the bottles of imported liquor;
(b) Maximum retail price (MRP), “consumption of liquor is injurious to health” as well as name and full address of importer and distributor shall be delineated on the aforesaid sticker in black colour letters legible with general healthy eyes.
(c) “For sale in Uttar Pradesh only” shall be delineated diagonally on the aforesaid sticker with red colour in the letter of minimum size of 3mm.
8. Refund of permit fee
In case the importer does not utilise the permit for importing overseas foreign liquor, he may return permit to the Collector or the District Excise Officer within three months from the date of the permit and apply to the Collector or the District Excise Officer for refund of the permit fee. The Collector or the District Excise Officer may allow a refund of the permit fee deposited by the importer provided he is satisfied after necessary enquiry that no transaction has taken place and no consignment has been received under the permit.
9. Non-Applicability of Rules in certain cases
These rules shall not be applicable in the case of import of overseas foreign liquor on behalf of Government Department and charitable institutions with the previous permission of the Excise Commissioner.
10. Rescission and Saving
(i) Import of overseas foreign liquor in scheduled areas in Uttar Pradesh Rules, 1938 is hereby rescinded.
(ii) Notwithstanding such a rescission, the overseas foreign liquor imported under the provisions of rule referred to in sub-rule (i) shall be valid upto March 31, 2003.