THE UTTAR PRADESH EXCISE SETTLEMENT OF LICENCES FOR RETAIL SALE OF FOREIGN LIQUOR (EXCLUDING BEER) (TWENTY FIRST AMENDMENT) RULES, 2023

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Existing rule

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Rule as hereby substituted

2(1)Definition:-

2(1)Definition:-

In these rules, unless there is anything repugnant in the subject or context:-

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;

(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 maximum retail price of foreign liquor to the next multiple of ten 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;

(b) "Additional Consideration fee" means difference amount obtained as a result of rounding off the maximum retail price of foreign liquor to the next multiple of ten 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;

(c) "consideration fee" means a fee for foreign liquor and wine as fixed by the State Government under section 30 of the Act, which shall be deposited in treasury by the licensee prior to supply of foreign liquor and wine;

(c) "consideration fee" means a fee for foreign liquor and wine as fixed by the State Government under section 30 of the Act, which shall be deposited in treasury by the licensee prior to supply of foreign liquor and wine;

(d) "Daily Licence Fee" means 1/365th part of the fixed licence fee for the whole excise year;

(d) "Daily Licence Fee" means 1/365th part of the fixed licence fee for the whole excise year;

(e) "Earnest money" means the amount equal to 1/10 of the amount of licence fee, to be tendered with application form, for ensuring the fulfillment of the eligibility conditions for the grant of licence and is liable to be forfeited in case of default under provisions of rule-12 of these Rules;

(e) "Earnest money" means the amount equal to 1/10 of the amount of licence fee, to be tendered with application form, for ensuring the fulfillment of the eligibility conditions for the grant of licence and is liable to be forfeited in case of default under provisions of rule-12 of these Rules;

(f) "Excise Year" means the financial year commencing from 1st April to 31st March of the next calendar year;

(f) "Excise Year" means the financial year commencing from 1st April to 31st March of the next calendar year;

(g) "family" means and included spouse (husband or wife), dependent son (s), unmarried daughter (s) and dependent parents;

(g) "family" means and included spouse (husband or wife), dependent son(s), unmarried daughter (s) and dependent parents;

(h) "Foreign liquor" means and includes spirit or liquors imported into India or spirits or liquors made in India, and sophisticated or coloured so as to resemble in flavour or colour liquor imported into India and includes Malt Spirit, Whisky, Rum, Brandy, Gin, Vodka, Wine, Liqueurs and Low- strength Alcoholic Beverages (LAB);

(h) "Foreign liquor" means and includes spirit or liquors imported into India or spirits or liquors made in India, and sophisticated or coloured so as to resemble in flavour or colour liquor imported into India and includes Malt Spirit, Whisky, Rum, Brandy, Gin, Vodka, Wine, Liqueurs and Low-strength Alcoholic Beverages (LAB);

(i) "Form" means the form appended to these rules;

(i) "Form" means the form appended to these rules;

(j) "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;

(j) "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;

(k) "Individual" means a person who is the citizen of India not below the age of twenty-one years at the time of application;

(k) "Individual" means a person who is the citizen of India not below the age of twenty-one years at the time of application;

(l) "Licence fee" means a sum fixed in consideration fee for the grant of the licence for exclusive privilege for selling of foreign liquor, wine in a retail shop under section 24-A of the Act as fixed by the Excise Commissioner in consultation with the State Government from time to time for the whole excise year or part thereof:

Provided that if such shop is settled/re-settled during middle session for the remaining period of the year, then license fee for shop shall be determined in proportion to the remaining period of the excise year;

(l) "Licence fee" means a sum fixed in consideration fee for the grant of the licence for exclusive privilege for selling of foreign liquor, wine in a retail shop under section 24-A of the Act as fixed by the Excise Commissioner in consultation with the State Government from time to time for the whole excise year or part thereof:

Provided that if such shop is settled/re-settled during middle session for the remaining period of the year, then license fee for shop shall be determined in proportion to the remaining period of the excise year;

(m) "Licensing Authority" means the Collector of the District;

(m) "Licensing Authority" means the Collector of the District;

(n) "Low-strength Alcoholic Beverages (LAB) " means the carbonated alcoholic beverages having alcohol up to 5% v/v and above 5% v/v to 10% v/v manufactured from Extra Neutral alcohol (E.N.A.) and sophisticated by addition of flavoring or coloring matter or both and any other material so as to give it a special flavor;

(n) "Low-strength Alcoholic Beverages (LAB) " means the carbonated alcoholic beverages having alcohol up to 5% v/v and above 5% v/v to 10% v/v manufactured from Extra Neutral alcohol (E.N.A.) and sophisticated by addition of flavoring or coloring matter or both and any other material so as to give it a special flavor;

(o) "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;

(o) "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;

(p) "Quarterly Minimum Guaranteed Revenue" means the equivalent revenue from Foreign liquor, Wine and LAB 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 a quarter of an Excise year for the purpose of retail sale;

(p) "Monthly Minimum Guaranteed Revenue" means the equivalent revenue from Foreign liquor, Wine and LAB 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 a month of an Excise year for the purpose of retail sale;

(q) "Security amount" means a sum equal to ten percent of the licence fee to be deposited through Fixed deposit receipt/Bank Guarantee pledged in favor of District Excise Officer or through e-payment refundable after the final settlement of all the claims and dues to the State Government:

Provided that in case of renewal security deposited prior in cash or through National Saving Certificate (N.S.C.) shall be acceptable till it is not refunded;

(q) "Security amount" means a sum equal to ten percent of the licence fee to be deposited through Fixed deposit receipt pledged in favor of District Excise Officer or through e-payment refundable after the final settlement of all the claims and dues to the State Government:

Provided that in case of renewal, security deposited earlier through cash/e-payment or through National Saving Certificate (N.S.C.) or Bank Guarantee shall be acceptable till it is not refunded;

(r) "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;

(r) "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;

(s) "Solvency" means financial eligibility criteria set for an applicant applying for the grant of retail licence;

(s) "Solvency" means financial eligibility criteria set for an applicant applying for the grant of retail licence;

(t) "State" means the State of Uttar Pradesh.

(t) "State" means the State of Uttar Pradesh.

(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.

(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.

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Existing rule

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Rule as hereby substituted

6. Grant of licence

6. Grant of licence

The licence shall be granted on payment of licence fee preferably through e-payment platform and deposit of security amount through Fixed Deposit Receipt/Bank Guarantee pledged in favor of District Excise Officer or through e-payment in accordance with the provisions of these rules:

Provided that in case of renewal security deposited prior in cash or through National Saving Certificate (N.S.C.) shall be acceptable till it is not refunded. The licensee 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.

The licence shall be granted on payment of licence fee preferably through e-payment platform and deposit of security amount through Fixed Deposit Receipt pledged in favor 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 cash/e-payment or through National Saving Certificate (N.S.C.) or Bank Guarantee shall be acceptable till it is not refunded. The licensee 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.

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Existing rule

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Rule as hereby substituted

7-Application for grant of licence

7-Application for grant of licence

(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 newspapers having circulation in that area and website of the district as well as website of the Excise Department (www.upexcise.in).

(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 newspapers 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 foreign liquor for which the Collector propose to grant licence shall be exhibited along-with shop wise licence fee, security amount, and the earnest money at the Collector's office, Tehsil offices and the offices of the District Excise Officer and the Deputy Excise Commissioner of the charge. This information shall be displayed on the website of Excise Department (www.upexcise.in) along with the website of each District.

(b) A list of the retail shops of foreign liquor for which the Collector propose to grant licence shall be exhibited along-with shop wise licence fee, security amount, and the earnest money at the Collector's office, Tehsil offices and the offices of the District Excise Officer and the Deputy Excise Commissioner of the charge. This information shall be displayed on the website of Excise Department (www.upexciseportal.in) along with the website of each District.

(c) Application for grant of license shall be submitted online as per 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) Aadhar Card, (iii) PAN Card, (iv) Photocopy of Income tax return of the preceding year (v) Affidavit in the prescribed format (vi) Scanned copy of bank draft of earnest money which is issued in favour of District Excise Officer of the district of the concern 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.

(c) Application for grant of license shall be submitted online as per 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 concern 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 advertisement in the newspaper and the website of Excise Department (www.upexcise.in).

(d) The last date to be fixed for the receipt of application shall not be earlier than such number of days as stipulated, in advertisement in the newspaper and the website of Excise Department (www.upexcise.in).

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Existing rule

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Rule as hereby substituted

8-Eligibility conditions for applicant-

8-Eligibility conditions for applicant-

Eligible applicant for licence of a retail foreign liquor shop shall fulfill following conditions, namely:-

Eligible applicant for licence of a retail foreign liquor shop shall fulfill following conditions, namely:-

(a) Application by an individual who is a citizen of India:

"Provided that in case of renewal, co-applicant, if any who is a citizen of India, shall also be allowed.

(a) Application by an individual who is a citizen of India:

"Provided that in case of renewal, co-applicant, if any 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 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 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 legal heir (s) of deceased if otherwise eligible, may continue to hold the license or in case of death of both persons their legal heir(s), if otherwise eligible may continue to hold the license. No distinction will be made between the legal liabilities of the two persons who will be jointly and severally responsible;

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 will be made between the legal liabilities of the two persons who will be jointly and severally responsible;

(b) be above twenty-one years of age on the first day of the period fixed for receiving application;

(b) be above twenty-one years of age on the first day of the period fixed for receiving application;

(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;

(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 and their mutual consent for renewal shall be essential ;

(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 and their mutual consent for renewal shall be essential ;

(d) submit an affidavit duly verified by public notary as proof of the following namely:-

(d) submit an affidavit duly verified by public notary as proof of the following namely:-

(i) that he possesses or has an arrangement for taking on rent a suitable premises 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;

(i) that he possesses or has an arrangement for taking on rent a suitable premises 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 have not been constructed in violation of any law or rules;

(ii) that his proposed premises of the shop have 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 nor have been convicted of any offence punishable under the United Provinces Excise Act, 1910 or the Narcotics Drugs and Psychotropic Substances Act, 1985 or any other cognizable and non bailable offence;

(iii) that he and his family members possess good moral character and have no criminal background nor have been convicted of any offence punishable under the United Provinces Excise Act, 1910 or the 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 the 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 licence;

(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 the 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 licence;

(v) that he shall not employ and salesman or representative who has criminal background as mentioned in clause (iii) or, who suffers from any infectious contagious diseases or is below twenty-one years of age or a woman. Licensee shall have to obtain Identity Cards bearing photographs of his authorized salesman/representative from District Excise Officer;

(v) that he shall not employ and salesman or representative who has criminal background as mentioned in clause (iii) or, who suffers from any infectious contagious diseases or is below twenty-one years of age or a woman. Licensee shall have to obtain Naukarnama bearing photographs of his authorized salesman/representative from District Excise Officer on payment of fee as prescribed by the State Government from time to time.

(vi) that he is not in arrear of any public dues or Government dues;

(vi) that he is not in arrear of any public dues or Government dues;

(vii) that he is solvent and has the necessary funds or has made arrangements for the necessary funds for conducting the business, the details of which shall be made available to licensing authority if required;

(vii) that he is solvent and has the necessary funds or has made arrangements for the necessary funds for conducting the business, the details of which shall be made available to licensing authority if required;

(viii) that applicant is not involved in mafia activities, anti social activities and organized offensive activities, if after issuance of licence it is proved that he is involved in mafia activities, anti social activities and organized offensive activities then the allotted licence shall be cancelled;

(viii) that applicant is not involved in mafia activities, anti social activities and organized offensive activities, if after issuance of licence it is proved that he is involved in mafia activities, anti social activities and organized offensive activities then the allotted licence shall be cancelled;

(ix) that applicant is not an advocate registered with Bar Council. If he is found registered advocate after getting the licence then the licence shall be cancelled. An employee of the State Government shall also be ineligible to apply for the grant of licence;

(ix) that applicant is not an advocate registered with Bar Council. If he is found registered advocate after getting the licence then the licence shall be cancelled. An employee of the State Government shall also be ineligible to apply for the grant of licence;

(x) that In case of being selected as licensee, bank draft of earnest money which has been uploaded online along with application shall be deposited in the office of District Excise Officer within forty eight hours of such selection;

(x) that In case of being selected as licensee, bank draft of earnest money which has been uploaded online along with application shall be deposited in the office of District Excise Officer within forty eight hours of such selection;

(xi) that he has not made use of bank draft of earnest money for the application of any other shop in the same phase;

(xi) that he has not made use of bank draft of earnest money for the application of any other shop in the same phase;

(e) That he shall upload a scanned copy of bank draft issued in favour of District Excise Officer of the district of concerned shop for earnest money, along with online application, as may be fixed by the Excise Commissioner with the prior sanction of the State Government;

(e) That he shall upload a scanned copy of bank draft issued in favour of District Excise Officer of the district of concerned shop for earnest money, along with online application, as may be fixed by the Excise Commissioner with the prior sanction of the State Government;

In case of selection as licensee, it shall be necessary to deposit bank draft of earnest money in the office of the concerned District Excise Officer within forty eight hours after selection, which shall be refunded to applicant after payment of all dues;

In case of selection as licensee, it shall be necessary to deposit bank draft of earnest money in the office of the concerned District Excise Officer within forty eight hours after selection, which shall be refunded to applicant after payment of all dues;

(f) That he is holder of solvency or certificate of owned property issued by an authorized Income Tax Valuer and the worth of solvency or certificate of owned property certificate issued by authorized Income Tax valuer shall be equivalent to an amount not less than the license fee determined for the grant of licence of the applied shop in the district:

Provided, in case of renewal, solvency certificate or certificate of owned property issued by an authorized Income Tax Valuer produced during the settlement of previous year shall be acceptable if it is valid and is for the required amount;

(f) That he is holder of solvency or certificate of owned property issued by an authorized Income Tax Valuer and the worth of solvency or certificate of owned property certificate issued by authorized Income Tax valuer shall be equivalent to an amount not less than the license fee determined for the grant of licence of the applied shop in the district:

Provided, in case of renewal, solvency certificate or certificate of owned property issued by an authorized Income Tax Valuer produced during the settlement of previous year shall be acceptable if it is valid and is for the required amount;

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Existing rule

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Rule as hereby substituted

10- Selection of licensee-

10- Selection of licensee-

(a) (i) Licenses of shops may be renewed online under the terms and conditions as specified by the State Government.

(a) (i) Licenses of shops may be renewed online under the terms and conditions as 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;

(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;

(b) The said committee shall identify eligible and ineligible applicants. In case of e-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 of licenses and mutation of licence in favour of legal heir in the event of death of licencee as per the criteria laid down by the State Government;

Provided also 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;

(b) The said committee shall identify eligible and ineligible applicants. In case of e-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 the 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 amount and does not fulfill the prescribed formalities or a unable to arrange suitable premises for the shop within stipulated period, the Licensing authority shall cancel the allotment and take immediate necessary steps for resettlement of the shop through the process as prescribed by the Government;

(c) In case the selected applicants does not deposit the required amount and does not fulfill the prescribed formalities or a unable to arrange suitable premises for the shop within stipulated period, the Licensing authority shall cancel the allotment and take immediate necessary 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 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 Government.

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Existing rule

12. Payment of License fee and Security amount-

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Rule as hereby substituted

12. Payment of License fee and Security amount-

In case an applicant is selected as licensee, he shall deposit the entire amount of licence 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. Entire amount of license fee shall be deposited by the applicant preferably through E-payment, security amount will be deposited through Fixed Deposit Receipt/Bank Guarantee pledged in favor 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.) shall be acceptable until it is not refunded.

In case an applicant is selected as licensee, he shall deposit the entire amount of licence 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. Entire amount of license fee shall be deposited by the applicant preferably through E-payment, security amount will be deposited through Fixed Deposit Receipt pledged in favor 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 until 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 as fixed by the State Government, Difference amount of 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 license fee and security amount within prescribed period, his selection shall stand cancelled:

Provided further that in case of licence being settled through the e-lottery/e-tender, his earnest money and license fee as well as the security amount, if deposited by him, and in case of licence being renewed, fifteen percent of security amount of last year along with renewal fee and 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.

In subsequent year, the licence of the shop may be renewed on the desire of the licensee according to the parameter as fixed by the State Government, Difference amount of 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 license fee and security amount within prescribed period, his selection shall stand cancelled:

Provided further that in case of licence being settled through the e-lottery/e-tender, his earnest money and license fee as well as the security amount, if deposited by him, and in case of licence being renewed, fifteen percent of security amount of last year along with renewal fee and 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.

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Existing rule

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Rule as hereby substituted

13-Lifting of liquor-

13-Lifting of liquor-

(a) The licensee under these rules shall obtain supplies of Foreign liquor including Wine from any wholesale licence (F.L.2/F.L.2B) of the district after making full payment of cost price of Foreign Liquor, including all Taxes, Consideration fee (including additional consideration fee) as levied from time to time preferably through e-payment platform. If the F.L.-2/F.L.2B licence is not sanctioned or supply interrupts in the concerned district, the licensee shall obtain supplies of Foreign liquor including wine, from wholesale licence (F.L.2/F.L.2B) of other district/districts with prior permission of the Excise Commissioner

In case of insufficient supply of any district, District excise officer shall seek the orders from Excise Commissioner;

(a) The licensee under these rules shall obtain supplies of Foreign liquor including Wine from any wholesale licence (F.L.2/F.L.2B) of the district after making full payment of cost price of Foreign Liquor, including all Taxes, Consideration fee (including additional consideration fee) as levied from time to time preferably through e-payment platform. If the F.L.-2/F.L.2B licence is not sanctioned or supply interrupts in the concerned district, the licensee shall obtain supplies of Foreign liquor including wine, from wholesale licence (F.L.2/F.L.2B) of other district/districts with prior permission of the Excise Commissioner

In case of insufficient supply of any district, District excise officer shall seek the orders from Excise Commissioner;

(b) "Licensee shall be under obligation to regularly lift Foreign liquor to ensure steady and continuous quality supply as per seasonal, requirements of the customers as well as to remove any chances of spurious supplies in the market. He shall regularly place written indents on portal or, message to the wholesaler. In order to meet the above requirements the licensee shall be under obligation to lift in each quarter foreign liquor, at least equivalent to the consideration fee involved in the quantity of foreign liquor lifted in the preceding year or as calculated for each quarter;

(b) Licensee shall be under obligation to regularly lift Foreign liquor to ensure steady and continuous quality supply as per seasonal, requirements of the customers as well as to remove any chances of spurious supplies in the market. He shall regularly place written indents on portal or, message to the wholesaler. In order to meet the above requirements the licensee shall be under obligation to lift in each month foreign liquor, at least equivalent to the consideration fee involved in the quantity of foreign liquor for a month fixed by government;

(c) (i) Provided, In case the licensee fails to lift liquor (foreign liquor, wine and LAB) at least equivalent to his Quarterly Minimum Guaranteed Revenue in a quarter, lifting for the next quarter shall be withheld;

(c) (i) In case the licensee fails to lift liquor (foreign liquor, wine and LAB) at least equivalent to fixed Monthly Minimum Guaranteed Revenue in a month, then he shall be expected to deposit the additional security equivalent to remaining part of revenue of concerned month within 10 days, failing which the licence shall stand cancelled automatically and further proceedings shall be initiated to recover the loss of revenue as per Rules. The unsold stock on the shop shall also be confiscated.

(ii) The licensee shall make a request for condonation of delay and for lifting of liquor equivalent to the shortfall in Quarterly Minimum Guaranteed Revenue of that quarter along with an affidavit. Upon condonation, the licensee shall deposit an additional security equivalent to the shortfall in Quarterly Minimum Guaranteed Revenue;

(ii) After deposit of additional security made within the stipulated time and delay being condoned in lifting the shortfall in Monthly Minimum Guaranteed Revenue of previous month, licensee shall be allowed to lift the short fall in revenue of previous month along with the Minimum Guaranteed Revenue of the current month.

(iii) Additional security so deposited shall be refunded after lifting of liquor equivalent to such shortfall in previous quarter along with Quarterly Minimum Guaranteed Revenue of the next quarter;

(iii) Additional security so deposited shall be refunded after lifting of liquor equivalent to such shortfall in previous month along with Monthly Minimum Guaranteed Revenue of the next month;

(iv) In case licensee fails to lift liquor equivalent to the Quarterly Minimum Guaranteed Revenue of one or more quarters before the end of financial year, then the additional security and security deposited by him shall be adjusted against such shortfall of revenue and the remaining security shall be refunded.

If the additional security and security deposited is insufficient for adjustment against the shortfall in revenue, the revenue remaining shall be recovered as if it were arrears of land revenue ;

(iv) In case licensee fails to lift liquor equivalent to the Monthly Minimum Guaranteed Revenue of one or more months before the end of financial year, then the additional security and security deposited by him shall be adjusted against such shortfall of revenue and the remaining security shall be refunded.

If the additional security and security deposited is insufficient for adjustment against the shortfall in revenue, the revenue remaining shall be recovered as if it were arrears of land revenue ;

(d) (i) The licensee desiring to transfer Quarterly Minimum Guaranteed Revenue of his shop, which he is not able to lift, to another shop or shops, may be allowed such transfer of such portion(quota) on quarterly basis, within an excise district;

(d) (i) The licensee desiring to transfer a part of Monthly Minimum Guaranteed Revenue of his shop, which he is not able to lift, to another shop or shops, may be allowed such transfer of such portion(quota) on monthly basis, within an excise district;

(ii) 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;

(ii) 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;

(iii) On approval of the request of the transferor licensee, the quota agreed upon to be transferred by him shall be deducted from his Quarterly Minimum Guaranteed Revenue and shall be deemed to have been lifted and it will be added as a transferred Quarterly Minimum Guaranteed Revenue in the account of the transferee licensee. This quantity will be over and above the original Quarterly Minimum Guaranteed Revenue of the transferee licensee and his obligations regarding lifting of his original quota shall not be affected;

Provided that the total quota transferred under this provision shall not exceed 20% of the Quarterly Minimum Guaranteed Revenue of the transferor licensee.

(iii) 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 Revenue and shall be deemed to have been lifted and it will be added as a transferred Monthly Minimum Guaranteed Revenue in the account of the transferee licensee. This quantity will be over and above the original Monthly Minimum Guaranteed Revenue of the transferee licensee and his obligations regarding lifting of his original quota shall not be affected;

Provided that the total quota transferred under this provision shall not exceed 20% of the Monthly Minimum Guaranteed Revenue of the transferor licensee.

Column I

Existing rule

Column II

Rule as hereby substituted

15- Hours of the sale and closure of shops-

15- Hours of the sale and closure of shops-

The licensed premises shall remain open for sale on all days from 10.00 am 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.

The licensed premises shall remain open for sale on all days from 10.00 am 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 by the Licensing Authority, he 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.

Column I

Existing Forms

Column II

Forms as hereby substituted

F.L.--5(D)

(FOR RENEWAL)

F.L.-5(D)

(FOR RENEWAL)

Licence for the Retail Sale of Foreign Liquor (Except Beer) (including wine) in sealed Bottles/Cans/TetraPacks for consumption "off" the premises

Licence for the Retail Sale of Foreign Liquor (Except Beer) (including wine) in sealed Glass and PET Bottles/Aseptic Brick Pack for consumption "off" the premises

Latitude/Longitude of shop.........................

Latitude/Longitude of shop ...........................

Licence No..................................................

Licence No .....................................................

District.........................................................

District ............................................................

Name of shop ..............................................

Name of shop ...................................................

Licence fee Rs............... (in figures)......(in words)

Licence fee Rs............ (in figures) ............ (in words)

Security amount Rs........(in figures).................. (in words)

Security amount Rs....(in figures) ................. (in words)

Description of premises (without boundaries)

North.....................................................................

South.....................................................................

East.......................................................................

West......................................................................

Description of premises (without boundaries)

North.....................................................................

South.....................................................................

East.......................................................................

West......................................................................

Name, Father's Name & Address of Licensee(s)---

1...............s/o.........................R/o........................

2...............s/o....................R/o.........................

Name, Father's Name & Address of Licensee(s)---

1...............s/o........................R/o..........................

2...............s/o .................R/o........................

Licence for the retail sale of Foreign Liquor (except Beer) (including wine) in standard bottles/cans/Tetra Packs of 2000ml, 1000ml, 750ml, 500ml, 375ml, 180ml including 90ml (in the categories of Regular and above ) and 60 ml (in the categories of Premium and above) in glass bottles along with syrong pack, wine in capacities as provided in relevant rules for consumption "off" the premises is hereby granted to above licence holder(s) .... at ........................ (place) in P.S.................... Tehsil ................ in the District of ................ w.e.f................ to March 31, 20 ........................ for which licence fee and security fee and security deposit has been made in accordance with rule-6.

Licence for the retail sale of Foreign Liquor (except Beer) (including wine) in standard bottles/Aseptic Brick Pack of 2000ml, 1000ml, 750ml, 500ml, 375ml, 180ml including 90ml (in the categories of Regular and above) and 60 ml (in the categories of Premium and above) in glass bottles along with syrong pack, wine in capacities as provided in relevant rules for consumption "off" the premises is hereby granted to above licence holder(s) .... at ............ (place) in P.S.................... Tehsil ................ in the District of ................ w.e.f................ to March 31, 20 ........................ for which licence fee and security fee and security deposit has been made in accordance with Rule-6.

The licence is subject to the following special & general conditions, the infraction of any of which or a conviction for any offence under the U.P. Excise Act, 1910 or Narcotics Drugs and Psychotropic Substances Act, 1985 shall make the licensee(s) liable for forfeiture of the licence and security deposit, in addition to any penalties imposed under the relevant laws.

The licence is subject to the following special & general conditions, the infraction of any of which or these rules or a conviction for any offence under the U.P. Excise Act, 1910 or Narcotics Drugs and Psychotropic Substances Act, 1985 shall make the licensee(s) liable for forfeiture of the licence and security deposit, in addition to any penalties imposed under the relevant laws

Column II

Existing rule

Column II

Rule as hereby substituted

General and special conditions.

General and special conditions.

1. The licensee shall obtain supply of the foreign liquor (including wine) from the wholesale foreign liquor licensee (F.L.2/F.L.2B) of the district after making full payment of price of liquor including all taxes, consideration fee, cess etc. leviable from time to time preferably through e-payment. If the F.L.-2/F.L.2B licence is not sanctioned in the concerned district, the licensee shall obtain supplies of foreign liquor including wine from wholesale licensee (F.L.2/F.L.2B) of other district/districts with prior permission of Excise Commissioner.

1. The licensee shall obtain supply of the foreign liquor (including wine) from the wholesale foreign liquor licensee (F.L.2/F.L.2B) of the district after making full payment of price of liquor including all taxes, consideration fee, cess etc. leviable from time to time preferably through e-payment. If the F.L.-2/F.L.2B licence is not sanctioned in the concerned district, the licensee shall obtain supplies of foreign liquor including wine from wholesale licensee (F.L.2/F.L.2B) of other district/districts with prior permission of Excise Commissioner.

2. In case of insufficient supply, the licensee shall inform to the District Excise Officer, who shall obtain orders from Excise Commissioner.

2. In case of insufficient supply, the licensee shall inform to the District Excise Officer, who shall obtain orders from Excise Commissioner.

3. Maximum retail price and strength shall be printed in visible words of 1x1 centimeter on the lable of bottles/cans/tetra packs of Foreign Liquor and wine. The retail licensee shall not charge more than the printed M.R.P.

3. Maximum retail price and strength shall be printed in visible bold font of 1x1 centimeter on the right top of labels of bottles/Aseptic Brick Pack of foreign liquor, wine. The retail licensee shall not charge more than the printed M.R.P.

4. Sale at the licenced premises shall be made only for consumption "off" the premises. No liquor shall be consumed/drunk "on" the premises.

4. Sale at the licenced premises shall be made only for consumption "off" the premises. No liquor shall be consumed/drunk "on" the premises.

5. No quantity less than one standard Nip bottle of 60Ml. of liquor shall be sold to any person.

5. No quantity less than one standard Nip bottle of 60Ml. of liquor shall be sold to any person.

6. The sale shall be made in sealed bottles/cans/tetra packs of standard capacity viz. 2000ml, 1000ml, 750ml, 500ml, 375ml, 180ml including 90ml (in the categories of Regular and above ) and 60 ml (in the categories of Premium and above) in glass bottles along with syrong pack of Foreign liquor and Wine in capacities as provided in relevant rules of above mentioned capacities with prescribed strength and quantity and which is affixed with security code approved by Excise Department, as proof of payment of consideration fee.

6. The sale shall be made in sealed bottles/Aseptic Brick Pack of standard capacity viz. 2000ml, 1000ml, 750ml, 500ml, 375ml, 180ml including 90ml (in the categories of Regular and above ) and 60 ml (in the categories of Premium and above) in glass bottles along with syrong pack of foreign liquor, wine in capacities as provided in relevant rules of above mentioned capacities with prescribed strength and quantity and which is affixed with security code approved by Excise Department, as proof of payment of consideration fee.

7. The licensee shall maintain a regular and accurate daily account in the form and register (FL-25A), as prescribed by the Licensing Authority and the account register shall be uploaded on the upexciseonline.in portal through sms produced for inspection whenever asked by the competent inspecting authority. The licensee shall also furnish account of sales etc. and facilitate and provide the material and documents as required by the inspecting authority.

7. The licensee shall maintain a regular and accurate daily account in the form and register (FL-25A), as prescribed by the Licensing Authority and the account register shall be uploaded on the upexciseonline.in portal through sms produced for inspection whenever asked by the competent inspecting authority. The licensee shall also furnish account of sales etc. and facilitate and provide the material and documents as required by the inspecting authority.

8. The licensee shall store entire stock of Foreign Liquor (including wine) in the licenced premises only. He shall be required to maintain requisite equipment for scanning of bottles/cans/tetra packs as per prescribed security code under the Track and Trace System.

8. The licensee shall store entire stock of Foreign Liquor (including wine) in the licenced premises only. He shall be required to maintain requisite equipment for scanning of bottles/Aseptic Brick Pack as per prescribed security code under the Track and Trace System.

9. The licensee shall affix 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 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 will 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."

9. The licensee shall affix 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 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 will 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."

10. The licensee shall not employ any person as salesmen who is below 21 years of age or is suffering from any infectious and/or contagious diseases, or has criminal background or a woman. The Licensee shall have to obtain identity cards of the salesmen bearing their photographs duly issued by the District Excise Officer, which shall be produced as and when demanded by inspecting authorities.

10. The licensee shall not employ any person as salesmen who is below 21 years of age or is suffering from any infectious and/or contagious diseases, or 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 the State Government from time to time which shall be produced as and when demanded by inspecting authorities.

11. Licensee shall not sell to any purchaser in quantity more than the notified quantities of foreign liquor inclusive of whisky, brandy, rum (including transparent rum), gin, vodka, wine, LAB and other kind of liquor bottled in India and imported separately at a time, except under a permit.

11. Licensee shall not sell to any purchaser in quantity more than the notified quantities of foreign liquor inclusive of whisky, brandy, rum (including transparent rum), gin, vodka, wine, LAB and other kind of liquor bottled in India and imported separately at a time, except under a permit.

12. The sale should not be made to police personal below the rank of sub inspector or to a soldier or a official in uniform or persons below 21 years.

12. The sale should not be made to police personal below the rank of sub inspector or to a soldier or a official in uniform or persons below 21 years.

13. The licensee is strictly forbidden under any pretext whatsoever from tampering with bottles/cans/tetrapacks in the prescribed capacity of 2000ml, 1000ml, 750ml, 500ml, 375ml, 180ml, 90ml and 60ml their labels and security Code affixed under security System, pilfer proof caps or seals etc.

13. The licensee is strictly forbidden under any pretext whatsoever from tampering with bottles/Aseptic Brick Pack in the prescribed capacity of 2000ml, 1000ml, 750ml, 500ml, 375ml, 180ml, 90ml and 60ml their labels and security Code affixed under security System, pilfer proof caps or seals etc.

14. The Licensee shall not keep in his licenced premises any spirit, caramel, colour, essence, security Code making apparatus lables, capsules, seals or any other noxious material.

14. The Licensee shall not keep in his licenced premises any spirit, caramel, colour, essence, security Code making apparatus lables, capsules, seals or any other noxious material.

15. 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.

15. 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.

16. 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, such as dancing floors or gambling.

16. 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, such as dancing floors or gambling.

17. The licensed premises shall remain open for sale on all days from 10 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.

17. The licensed premises shall remain open for sale on all days from 10 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 up to 3 more days as notified by the Licensing Authority, he 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. The licensee shall not be allowed to carry on any other business on the licensed premises except sale of Foreign Liquor for which licence is granted.

18. The licensee shall not be allowed to carry on any other business on the licensed premises except sale of foreign liquor for which licence is granted.

19. The licensee shall on expiry of the licence, report to the District Excise officer for disposal of balance stock which will be disposed of in accordance with rule-16.

19. The licensee shall on expiry of the licence, report to the District Excise officer for disposal of balance stock which will be disposed of in accordance with rule-16.

20. The licensee shall abide by the general or specific instructions issued by the Excise Commissioner or licensing authority from time to time.

20. The licensee shall abide by the general or specific instructions issued by the Excise Commissioner or licensing authority from time to time.

21. No Country Liquor should be stored in Foreign Liquor premises.

21. No Country Liquor and beer should be stored in Foreign Liquor premises.

22. The licensee shall submit the list of salesman to the district excise officer for sale of liquor at his shop. The district excise officer shall issue Naukarnama in prescribed form accordingly.

Date.............................

District.........................

Licensing Authority

22. The licensee shall submit the list of salesman 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.

Date.............................

District.........................

Licensing Authority

Column I

Existing rule

Column II

Rule as hereby substituted

F.L.-5 D (1)

(FOR NEW LICENCE)

F.L.-5 D (1)

(FOR NEW LICENCE)

Licence for the Retail Sale of Foreign Liquor (Except Beer) (including wine) in sealed Bottles/Cans/TetraPacks for consumption "off" the premises

Licence for the Retail Sale of Foreign Liquor (Except Beer) (including wine) in sealed Glass and PET Bottles/Aseptic Brick Pack for consumption "off" the premises

Latitude/Longitude of shop.............................................

Latitude/Longitude of shop ............................................

Licence No.............................................................

Licence No ...........................................................

District.................................................................

District ................................................................

Name of shop ............................................................

Name of shop .........................................................

Licence fee Rs...... (in figures)..................... (in words)

Licence fee Rs............ (in figures) ............ (in words)

Security amount Rs........(in figures).................. (in words)

Security amount Rs....(in figures) ................. (in words)

Description of premises (without boundaries)

North.....................................................................

South.....................................................................

East.......................................................................

West......................................................................

Description of premises (without boundaries)

North.....................................................................

South.....................................................................

East.......................................................................

West......................................................................

Name, Father's Name & Address of Licensee(s)---

1...............s/o.........................R/o........................

2...............s/o....................R/o.........................

Name, Father's Name & Address of Licensee(s)---

1...............s/o........................R/o..........................

2...............s/o .................R/o........................

Licence for the retail sale of Foreign Liquor (except Beer) (including wine) in standard bottles/cans/Tetra Packs of 2000ml, 1000ml, 750ml, 500ml, 375ml, 180ml including 90ml (in the categories of Regular and above ) and 60 ml (in the categories of Premium and above) in glass bottles along with syrong pack, wine in capacities as provided in relevant rules for consumption "off" the premises is hereby granted to above licence holder(s) .... at ........................ (place) in P.S.................... Tehsil ................ in the District of ................ w.e.f................ to March 31, 20 ........................ for which licence fee and security fee and security deposit has been made in accordance with rule-6.

Licence for the retail sale of Foreign Liquor (except Beer) (including wine) in standard bottles/Aseptic Brick Pack of 2000ml, 1000ml, 750ml, 500ml, 375ml, 180ml including 90ml (in the categories of Regular and above) and 60 ml (in the categories of Premium and above) in glass bottles along with syrong pack, wine in capacities as provided in relevant rules for consumption "off" the premises is hereby granted to above licence holder(s) .... at ............ (place) in P.S.................... Tehsil ................ in the District of ................ w.e.f................ to March 31, 20 ........................ for which licence fee and security fee and security deposit has been made in accordance with Rule-6.

The licence is subject to the following special & general conditions, the infraction of any of which or a conviction for any offence under the U.P. Excise Act, 1910 or Narcotics Drugs and Psychotropic Substances Act, 1985 shall make the licensee(s) liable for forfeiture of the licence and security deposit, in addition to any penalties imposed under the relevant laws.

The licence is subject to the following special & general conditions, the infraction of any of which or these rules or a conviction for any offence under the U.P. Excise Act, 1910 or Narcotics Drugs and Psychotropic Substances Act, 1985 shall make the licensee(s) liable for forfeiture of the licence and security deposit, in addition to any penalties imposed under the relevant laws

Column II

Existing rule

Column II

Rule as hereby substituted

General and special conditions.

General and special conditions.

1. The licensee shall obtain supply of the foreign liquor (including wine) from the wholesale foreign liquor licensee (F.L.2/F.L.2B) of the district after making full payment of price of liquor including all taxes, consideration fee, cess etc. leviable from time to time preferably through e-payment. If the F.L.-2/F.L.2B licence is not sanctioned in the concerned district, the licensee shall obtain supplies of foreign liquor including wine from wholesale licensee (F.L.2/F.L.2B) of other district/districts with prior permission of Excise Commissioner.

1. The licensee shall obtain supply of the foreign liquor (including wine) from the wholesale foreign liquor licensee (F.L.2/F.L.2B) of the district after making full payment of price of liquor including all taxes, consideration fee, cess etc. leviable from time to time preferably through e-payment. If the F.L.-2/F.L.2B licence is not sanctioned in the concerned district, the licensee shall obtain supplies of foreign liquor including wine from wholesale licensee (F.L.2/F.L.2B) of other district/districts with prior permission of Excise Commissioner.

2. In case of insufficient supply, the licensee shall inform to the District Excise Officer, who shall obtain orders from Excise Commissioner.

2. In case of insufficient supply, the licensee shall inform to the District Excise Officer, who shall obtain orders from Excise Commissioner.

3. Maximum retail price and strength shall be printed in visible words of 1x1 centimeter on the lable of bottles/cans/tetra packs of Foreign Liquor and wine. The retail licensee shall not charge more than the printed M.R.P.

3. Maximum retail price and strength shall be printed in visible bold font of 1x1 centimeter on the right top of labels of bottles/Aseptic Brick Pack of foreign liquor, wine. The retail licensee shall not charge more than the printed M.R.P.

4. Sale at the licenced premises shall be made only for consumption "off" the premises. No liquor shall be consumed/drunk "on" the premises.

4. Sale at the licenced premises shall be made only for consumption "off" the premises. No liquor shall be consumed/drunk "on" the premises.

5. No quantity less than one standard Nip bottle of 60Ml. of liquor shall be sold to any person.

5. No quantity less than one standard Nip bottle of 60Ml. of liquor shall be sold to any person.

6. The sale shall be made in sealed bottles/cans/tetra packs of standard capacity viz. 2000ml, 1000ml, 750ml, 500ml, 375ml, 180ml including 90ml (in the categories of Regular and above ) and 60 ml (in the categories of Premium and above) in glass bottles along with syrong pack of Foreign liquor and Wine in capacities as provided in relevant rules of above mentioned capacities with prescribed strength and quantity and which is affixed with security code approved by Excise Department, as proof of payment of consideration fee.

6. The sale shall be made in sealed bottles/Aseptic Brick Pack of standard capacity viz. 2000ml, 1000ml, 750ml, 500ml, 375ml, 180ml including 90ml (in the categories of Regular and above ) and 60 ml (in the categories of Premium and above) in glass bottles along with syrong pack of foreign liquor, wine in capacities as provided in relevant rules of above mentioned capacities with prescribed strength and quantity and which is affixed with security code approved by Excise Department, as proof of payment of consideration fee.

7. The licensee shall maintain a regular and accurate daily account in the form and register (FL-25A), as prescribed by the Licensing Authority and the account register shall be uploaded on the upexciseonline.in portal through sms produced for inspection whenever asked by the competent inspecting authority. The licensee shall also furnish account of sales etc. and facilitate and provide the material and documents as required by the inspecting authority.

7. The licensee shall maintain a regular and accurate daily account in the form and register (FL-25A), as prescribed by the Licensing Authority and the account register shall be uploaded on the upexciseonline.in portal through sms produced for inspection whenever asked by the competent inspecting authority. The licensee shall also furnish account of sales etc. and facilitate and provide the material and documents as required by the inspecting authority.

8. The licensee shall store entire stock of Foreign Liquor (including wine) in the licenced premises only. He shall be required to maintain requisite equipment for scanning of bottles/cans/tetra packs as per prescribed security code under the Track and Trace System.

8. The licensee shall store entire stock of Foreign Liquor (including wine) in the licenced premises only. He shall be required to maintain requisite equipment for scanning of bottles/Aseptic Brick Pack as per prescribed security code under the Track and Trace System.

9. The licensee shall affix 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 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 will 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."

9. The licensee shall affix 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 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 will 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."

10. The licensee shall not employ any person as salesmen who is below 21 years of age or is suffering from any infectious and/or contagious diseases, or has criminal background or a woman. The Licensee shall have to obtain identity cards of the salesmen bearing their photographs duly issued by the District Excise Officer, which shall be produced as and when demanded by inspecting authorities.

10. The licensee shall not employ any person as salesmen who is below 21 years of age or is suffering from any infectious and/or contagious diseases, or 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 the State Government from time to time which shall be produced as and when demanded by inspecting authorities.

11. Licensee shall not sell to any purchaser in quantity more than the notified quantities of foreign liquor inclusive of whisky, brandy, rum (including transparent rum), gin, vodka, wine, LAB and other kind of liquor bottled in India and imported separately at a time, except under a permit.

11. Licensee shall not sell to any purchaser in quantity more than the notified quantities of foreign liquor inclusive of whisky, brandy, rum (including transparent rum), gin, vodka, wine, LAB and other kind of liquor bottled in India and imported separately at a time, except under a permit.

12. The sale should not be made to police personal below the rank of sub inspector or to a soldier or a official in uniform or persons below 21 years.

12. The sale should not be made to police personal below the rank of sub inspector or to a soldier or a official in uniform or persons below 21 years.

13. The licensee is strictly forbidden under any pretext whatsoever from tampering with bottles/cans/tetrapacks in the prescribed capacity of 2000ml, 1000ml, 750ml, 500ml, 375ml, 180ml, 90ml and 60ml their labels and security Code affixed under security System, pilfer proof caps or seals etc.

13. The licensee is strictly forbidden under any pretext whatsoever from tampering with bottles/Aseptic Brick Pack in the prescribed capacity of 2000ml, 1000ml, 750ml, 500ml, 375ml, 180ml, 90ml and 60ml their labels and security Code affixed under security System, pilfer proof caps or seals etc.

14. The Licensee shall not keep in his licenced premises any spirit, caramel, colour, essence, security Code making apparatus lables, capsules, seals or any other noxious material.

14. The Licensee shall not keep in his licenced premises any spirit, caramel, colour, essence, security Code making apparatus lables, capsules, seals or any other noxious material.

15. 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.

15. 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.

16. 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, such as dancing floors or gambling.

16. 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, such as dancing floors or gambling.

17. The licensed premises shall remain open for sale on all days from 10 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.

17. The licensed premises shall remain open for sale on all days from 10 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 up to 3 more days as notified by the Licensing Authority, he 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. The licensee shall not be allowed to carry on any other business on the licensed premises except sale of Foreign Liquor for which licence is granted.

18. The licensee shall not be allowed to carry on any other business on the licensed premises except sale of foreign liquor for which licence is granted.

19. The licensee shall on expiry of the licence, report to the District Excise officer for disposal of balance stock which will be disposed of in accordance with rule-16.

19. The licensee shall on expiry of the licence, report to the District Excise officer for disposal of balance stock which will be disposed of in accordance with rule-16.

20. The licensee shall abide by the general or specific instructions issued by the Excise Commissioner or licensing authority from time to time.

20. The licensee shall abide by the general or specific instructions issued by the Excise Commissioner or licensing authority from time to time.

21. No Country Liquor should be stored in Foreign Liquor premises.

21. No Country Liquor and beer should be stored in Foreign Liquor premises.

22. The licensee shall submit the list of salesman to the district excise officer for sale of liquor at his shop. The district excise officer shall issue Naukarnama in prescribed form accordingly.

Date.............................

District.........................

Licensing Authority

22. The licensee shall submit the list of salesman 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.

Date.............................

District.........................

Licensing Authority