Andhra
Pradesh Excise (Lease of Right of Selling by Bar, Grant and Conditions of
Licence) Rules, 2022
[13th
July 2022]
In exercise of the powers
conferred by Section 72 read with Sections 17, 28 and 29 of the Andhra Pradesh
Excise Act, 1968 (Act 17 of 1968), and in supersession of all the earlier Rules
and orders issued on the subject, the Governor of Andhra Pradesh hereby makes
the following Rules :
Rule - 1. Short title, extent and commencement.
(1)
These rules may be called the Andhra Pradesh
Excise (Lease of right of Selling by Bar, Grant and Conditions of Licence)
Rules, 2022.
(2)
They shall extend to all the areas where the
Andhra Pradesh Excise Act, 1968 is in force.
(3)
They shall come into force at once.
Rule - 2. Application.
These rules shall apply for the grant of privilege by Bar, conditions governing
thereof and transport of Indian Made Foreign Liquor and Foreign Liquor by the
lease holder/license holder.
Rule - 3. Definitions.
(1)
In these rules, unless the context otherwise
requires:-
(a)
"Act" means the Andhra Pradesh
Excise Act, 1968(Act.l7 of 1968).
(b)
"Auction" means the process of
e-Auction by inviting online bids from the public for grant of lease of a bar.
(c)
"Auctioning Authority" means the
officer authorized to conduct Auction and call for online bids under these
rules.
(d)
"Auction purchaser" means the
person whose online bid is accepted by the auctioning authority.
(e)
"Bar" means the privilege granted
under these Rules to an establishment where food is served, for sale of Indian
Made Foreign Liquor and Foreign Liquor, in loose or in sealed bottles for
consumption on the licensed premises.
(f)
"Bidder" means the person registered
for participation in the Auction process and includes his power of Attorney
holder.
(g)
"Dry day" means a day on which no
liquor shall be served in the licensed premises.
(h)
"Foreign liquor" includes every
liquor imported into India other than Indian Made Foreign Liquor.
(i)
"Form" means a form appended to
these rules.
(j)
"Highest Bidder" means the person
who offers the highest bid amount for a bar for the ULB and the extended ULB
limit as define in Rule 4 and other place such as Tourism Center (except place
of religious tourism).
(k)
"Holographic Excise Adhesive Label"
means the label designed and approved by, printed and supplied by under the
supervision and control of the Commissioner of Prohibition and Excise, from
time to time in different forms for the purpose of its affixture to sealed
bottles of different varieties and sizes containing liquor.
(l)
"High Way" means National Highway
or State Highway as notified by the competent authority.
(m)
"Indian Made Foreign Liquor" means
liquor produced, manufactured or compounded in India after the manner of Gin,
Brandy, Whisky or Rum imported from Foreign Countries and includes, Wine, Beer,
Milk punch and other liquors consisting of or containing any such spirits but
does not include Foreign liquor".
(n)
Licence means licence issued under these
rules.
(o)
Licensee means holder of such licence.
(p)
"Licence Fee" means the annual
licence fee subject to enhancement by 10% every year.
(q)
"Lease period" means the period of
36 months beginning from the 1st September of the first year and ending with
31st August of the third year or part thereof.
(r)
"Lease amount" means the bid amount
quoted by the bidder which includes the applicable non-refundable registration
charge and is payable every year.
(s)
Micro Brewery" means a small Brewery as
defined in A.P. Brewery Rules, 2006.
(t)
"Population" means the figure of
population as officially published in the latest official Census.
(u)
"Non-refundable Registration
Charge" means the non-refundable registration charge fixed per annum
subject to enhancement by 10% every year.
(v)
"Star Hotel" means 3-Star &
above hotel as certified by the competent authority of Govt. of India.
(w)
"Transport Permit" means a permit
issued by the competent officer for transport of Indian Made Foreign Liquor
& Foreign Liquor from the Government/ Andhra Pradesh Beverages Corporation
Ltd. / Andhra Pradesh State Beverages Corporation Ltd. depot to the licensed
premises.
(2)
The words and expressions used but not
defined in these rules shall have the meanings assigned to them in the Andhra
Pradesh Excise Act, 1968 and Andhra Pradesh Excise (Import, Export and
Transport of Indian Made Foreign Liquor and Foreign Liquor - Permits) Rules,
2005.
Rule - 4. Licences.
Licence in Form-2B may be granted to an establishment licensed by the local
authority to serve food such as a hotel or a restaurant, for sale of Indian
Made Foreign Liquor and Foreign Liquor in glasses, pegs or in sealed bottles
for consumption within the licensed premises but not for removing it out of the
licensed premises. Such licences may be granted to the establishments
functioning in Nagar Panchayats, Municipalities and within a belt area of 3 kms
from the periphery of such Municipalities (within the revenue district) and
Municipal Corporations and within a belt area of 10 kms from the periphery of
such Municipal Corporations (within the revenue district), and in Tourism
Centers (except places of religious tourism) as notified by the Department of
Tourism of the Central Government or by the State Government in the Tourism
policy and in the tourism resorts registered with the Tourism Department in
order to promote tourism in the State, 3-Star and above hotels, Micro Breweries
and in other places as may be notified from time to time.
Rule - 5. Licensing authority.
The Commissioner of Prohibition & Excise shall be competent to grant prior
clearance and the Deputy Commissioner shall be competent to grant the privilege
of Bar, District Prohibition and Excise Officer shall issue the Licence in the
prescribed Form.
Rule - 6. Establishment of Bars.
Subject to such directions as may be issued by the Government from time to
time, the Commissioner of Proh. & Excise shall fix the number of Bars in
each of the urban local bodies (ULBs) i.e., Municipal Corporation,
Municipality, Nagar Panchayath and in other places such as Tourism Centers
(except places of religious tourism) as may be notified from time to time.
Provided that the number of
Bars so fixed by the Commissioner of Proh. & Excise under this Rule shall
not include the existing number of Bars in respect of 3-Star & above hotels
and Micro breweries.
Provided further that there
shall be no ceiling limit on the number of Bars to be established ir 3-Star
& above hotels and Micro breweries.
Rule - 7. Existing Rules cease to operate.
(1)
The Andhra Pradesh Excise (Grant of Licence
of Selling by Bar and Conditions of Licence) Rules, 2019 shall cease to operate
on commencement of these Rules.
(2)
The licences granted under the Andhra Pradesh
Excise (Grant of Licence of Selling by Bar and Conditions of Licence) Rules,
2017 in respect of Star hotels and Micro-breweries and existing on the date of
commencement of these rules shall be continued subject to payment of Annual
Licence fee and Annual nonrefundable registration charge as prescribed and
fulfillment of other conditions laid down under these Rules.
Rule - 8. Grant of Lease of Right to sell Indian Made Foreign Liquor & Foreign Liquor by Bar.
Subject to the provisions of these rules, the grant of lease of right to sell
Indian Made Foreign Liquor & Foreign Liquor by bar shall ordinarily be
granted through e-auction by inviting online bids from public after due
notification.
Provided that where the
Commissioner considers it expedient to grant the lease of right to sell Indian
Made Foreign Liquor & Foreign Liquor by bar in any other manner, he shall
for the reasons to be recorded in writing, do so.
Rule - 9. Auction Notice.
(1)
Where it is proposed to grant the privilege
to sell Indian Made Foreign Liquor & Foreign Liquor by Bar, a notice of the
proposed auction containing the particulars mentioned in sub-rule(2) shall be
published by the Commissioner of Prohibition & Excise in the State gazette
at least 5 days in advance of the date of such auction,
(2)
The auction notice shall contain the
following particulars:-
(a)
Serial number and name of the Municipal
Corporation/ Municipality/ Nagar Panchayat and other place such as Tourism
Center (except places of religious tourism) in which the privilege of Bar will
be granted.
(b)
The period of lease, non-refundable
application fee, non refundable registration charge (upset price) and licence
fee.
(c)
The Last date and time for uploading of
documents.
(d)
The date and time of e-auction.
(e)
The conditions governing the e-auction.
(f)
Procedure of e-auction.
(g)
Any other relevant matter.
Rule - 10. Persons not eligible to participate in Auction.
The following persons shall not eligible to participate in Auction:-
(i)
Persons below the age of twenty one years,
(ii)
Persons who are undischarged insolvents or
who have been convicted of offences under the provisions of the Act or the
Customs Act, 1962 or Narcotics Drugs and Psychotropic Substances Act, 1985
(Central Act 61 of 1985) or convicted under Andhra Pradesh intoxicating liquors
(Prohibition of Advertisements) Act, 1978 or convicted of non-bailable offences
or are habitual offenders.
(iii)
Defaulters in the payment of excise revenue
to the Government.
Rule - 11. Benami Bids not allowed.
No persons shall submit bid on behalf of any other person unless he holds a
power of attorney from such person.
Rule - 12. Officers authorised to conduct auction.
(1)
The collector shall be the auctioning
authority.
Provided that the Collector
may in his discretion authorize the Joint Collector, DRO or any other officer
not below the rank of Deputy Collector to conduct auction and accept Bids.
(2)
The Deputy Commissioner of Prohibition and
Excise and the District Prohibition and Excise Officer shall coordinate with
the collector or his nominee for smooth conduct of Auction.
Rule - 13. Upset Price and Lease amount.
(1)
The notified non-refundable registration
charge as per population slab shall be the upset price for the auction of the
privilege of bar in respect of the ULB and the extended ULB limits as defined
in Rule 4 and other place such as Tourism Centre (except places of religious
tourism).
(2)
"Lease amount" means the bid amount
quoted by the bidder which includes the applicable non-refundable registration
charge and is payable every year.
(3)
Lease amount per annum shall be offered in
the form of bids on the date and time notified for auction.
(4)
The bidder shall quote the Lease amount in
the manner as may be notified.
Rule - 14. Auction of Bars.
(1)
The right to sell Indian Made Foreign Liquor
& Foreign Liquor by Bar shall ordinarily be auctioned by inviting online
bids for all the bars proposed in a ULB and the extended ULB limits as defined
in Rule 4 and other place such as Tourism Centre (except places of religious
tourism).
(2)
The Commissioner may withdraw any bar from
the auction before the auction is commenced.
(3)
The auctioning authority may, for sufficient
cause, adjourn the auction or postpone the date of auction or cancel the
auction of a bar as may be necessary.
Provided that, the
auctioning authority, for the reasons to be recorded in writing, may advance
the date of auction which is postponed under sub-rule (3), subject to the
condition that the number of days between date of notification and the date of
such advanced auction shall not be less than 5 days.
Rule - 15. Submission and Finalization of Bids.
(A)
Enrollment and Registration :
(1)
The applicant / bidder shall enroll himself
in the portal by filling Form- E1 (systerm generated).
(2)
He shall also register in Form - Rl (system
generated) choosing the Municipal Corporation, Municipality, Nagar Panchayath
and other place such as Tourism C (except places of religious tourism) for
which he intends to participate in the e-mail process for lease of Bar(s).
(3)
He shall pay the online processing fee as
notified.
(4)
In case the applicant / bidder intends to
participate in the e-auction for more than one Bar in one or more local bodies,
he shall register himself for each Bar separately by paying the notified online
processing fee.
(B)
Submission of application :
(1)
The applicant shall pay the non-refundable
application fee for each Bar separately for which he intends to participate in
the e-auction process. The details of non-refundable application fees are in
the table given below.
Population |
Non-refundable Application fee
|
Upto 50,000 |
Rs.5.00 Lakhs
|
50,001 to
5,00,000 |
Rs.7.50 Lakhs
|
Above
5,00,000 |
Rs.10.00 Lakhs
|
(2)
The applicant has to submit /upload following
prescribed documents:
(a)
Challan towards non-refundable application
fee (as mentioned in sub rule (3)
(b)
A Copy of the plan of the proposed premises
(optional)
(c)
Consent letter of the owner in case the
premises is rented (optional)
(d)
Recent passport size photograph
(e)
Copy of Aadhar card
(3)
An application number will be generated after
successful submission and a confirmation SMS will be sent to the users
registered mobile number.
(C)
E-Auction Process
(1)
The selection shall be done through the
following process of auction cum drawl of lots:
(a)
The date, time and duration of the Auction
will be visible to the applicant / bidder.
(b)
The auction process shall be taken up for all
the Bars proposed in an ULB and the extended ULB limits as defined in Rule 4
and other place such as Tourism Centre (except places of religious tourism) as
notified in the Gazette.
(c)
The applicable non-refundable registration
charge as per population slab shall be the upset price for the auction for the
Bar in each of the ULB and the extended ULB limits as defined in Rule 4 and
other place such as Tourism Centre (except places of religious tourism) and the
upset price for each of the ULB and the extended ULB limits as defined in Rule
4 and other place such as Tourism Centre (except places of religious tourism)
will be visible to the bidders on the day of auction.
(d)
The bidders shall quote the bid amount over
and above the upset price notified in the multiples of Rs.2.00 Lakhs and the
bid amount shall Include both the applicable non-refundable registration charge
and the bid increment in multiples of Rs.2.00 Lakhs.
(e)
The highest bid amount quoted by the highest
bidder shall be referred to as H1 for the purpose of auction of Bars for the
ULB and the extended ULB limits as defined in Rule 4 and other place such as
Tourism Centre (except places of religious tourism).
(f)
During the auction period, the highest bid
amount for that particular local body will be visible to all the bidders for
that particular local body.
(g)
If the number of bidders with bid amounts
between H1 and 90% of H1 are equal to the number of bars proposed for auction
for a ULB and the extended ULB limits as defined in Rule 4 and other place such
as Tourism Centre (except places of religious tourism), all such bidders shall
be awarded the privileges of Bars in the order of bid amounts.
(h)
If the number of bidders with bid amounts
between H1 and 90% of H1 are more than the number of bars proposed for auction
for a ULB and the extended ULB limits as defined in Rule 4 and other place such
as Tourism Centre (except places of religious tourism), such bidders shall be
awarded the privileges of Bars in the order of bid amounts upto the number of
Bars proposed for auction.
(i)
If the number of bidders with bid amounts
between H1 and 90% of H1 are less than the bars proposed for auction, all such
bidders shall be awarded the privileges of Bars.
(j)
For the remaining bars, the bidders with bid
amounts less than 90% of H1 will be considered if they agree to revise their
bids equal to or more than the 90% of H1 for that ULB and the extended ULB
limits as defined in Rule 4 and other place such as Tourism Centre (except
places of religious tourism). In case such revised bidders are more than the
number of bars for the ULB and the extended ULB limits as defined in Rule 4 and
other place such as Tourism Centre (except places of religious tourism), to
ensure principle of equity and transparency, the privileges shall be awarded in
the order of bid amounts or online drawl of lots in the event of bidders
quoting equal bid amounts.
(k)
In case there are two or more bidders with
equal bid amounts for a bar, the privilege shall be awarded by drawl of lots.
(l)
The Bars that have not been disposed of shall
be re-auctioned.
(2)
The successful auction purchaser shall be
issued letter of confirmation in Form CI (System generated).
Rule - 16. Signature in the Register.
Every person whose Bid has been accepted shall sign his name or affix his
thumb-impression against the relevant entry in the register maintained for the
purpose.
Rule - 17. Payment of Lease amount by the Auction purchaser.
The Auction purchaser shall pay the lease amount in one lump sum on the day of
auction or in case the day of auction is a bank holiday, on the immediate next
working day.
Rule - 18. Re-auction in case of failure to pay Lease amount.
(a)
In case the auction purchaser fails to pay
the lease amount as stipulated in Rule 17, the lease shall be cancelled without
any notice and put to re-auction.
(b)
If the re-auction or the other arrangement
results in monetary benefit to the Government, the original auction purchaser
shall have no claim over it, but if it results in monetary loss or if the right
remains unsold for want of takers, the original auction purchaser shall be
liable to pay to the Government the resultant loss.
(c)
The provisions of sub-rules (1) and (2) shall
apply in relation to the auction purchaser in any re-auction mutatis mutandis
as they apply in relation to the auction purchaser in an original auction.
Rule - 19. Grant of prior clearance.
(a)
A person intending to establish Bar in star
hotel or in Micro Brewery, may obtain prior clearance by submitting an
application in Form-1A to the Commissioner of Prohibition and Excise enclosing
a challan of Rs. 10,00,000/-towards non-refundable application fee.
(b)
The Commissioner of Prohibition and Excise
having due regard to requirement and other factors as he deems fit and subject
to such directions of the Government as may be issued from time to time in this
regard, may grant prior clearance in Form-2A to such of the applicants covered
under sub-rule (1).
Provided that grant of prior
clearance/confirmation letter, as the case may be, shall not confer any right
on the applicant/successful bidder for grant of licence. The applicant shall
not claim for any compensation or loss in case the licence is not granted.
Rule - 20. Auction Purchaser to obtain License.
The auction purchaser shall obtain licence in Form 2-B after fulfilling the
required formalities laid down under these Rules within two weeks from the date
of confirmation letter issued under Rule 15(C)(2) or before the commencement of
lease period, whichever is earlier.
Rule - 21. Commencement of lease.
The lease for the sale of Indian Made Foreign Liquor and Foreign Liquor granted
to the auction purchaser shall not take effect until he obtains a licence from
the District Prohibition and Excise Officer. It shall be the responsibility of
the auction purchaser to execute the counterpart agreement referred to in Rule
23 and also complete other formalities contemplated under these Rules within
the time specified and obtain a licence in respect thereof. If the auction
purchaser fails to do so, the lease shall stand cancelled.
Rule - 22. Grant of Bar licence.
(1)
The Auction Purchaser/ applicant may
establish the Bar anywhere in the Nagar Panchayat, Municipality including its 3
KM area from the periphery (within the revenue district) or Municipal
Corporation including its 10 KM area from the periphery (within the revenue
district), or other place such as Tourism Centre (except places of religious
tourism), as the case may be, subject to the restrictions laid down under Rule
24.
Provided that the highest
bidder in respect of a bar for the ULB and the extended ULB limits as defined
in Rule 4 and other place such as Tourism Centre (except places of religious
tourism) shall have a preferential claim over the other bidders in matters of
selection of premises in the ward/place in case any dispute arises with respect
to the premises.
Provided further that no Bar
Licence shall be granted in Scheduled Areas unless the Grama Sabha concerned
gives its consent or is deemed to have given its consent to grant such licence
to establish the Bar.
Explanation: For the purpose
of this proviso, a Grama Sabha shall be deemed to have given its consent to
establish the Bar, if it fails to indicate its consent or otherwise for
establishment of the Bar in the Village concerned within 4 weeks of seeking the
same.
(2)
The holder of prior clearance or the
successful Auction purchaser, as the case may be, may apply in Form-IB for
grant of licence in Form-2B to the District Prohibition and Excise Officer
concerned.
(3)
The District Prohibition and Excise Officer,
after making such enquiry as he may think necessary, to ascertain the bona
fides of the applicant and verifying the particulars furnished in the application
shall examine the suitability of the premises for granting Bar and forward the
same to the Deputy Commissioner of Prohibition and Excise along with his
report.
(4)
The Deputy Commissioner, after causing such
enquiry as he may deem fit, may grant the licence and the District Prohibition
Excise Officer may issue licence.
(5)
The applicant / auction purchaser before
issue of licence shall execute a counterpart agreement in Form-4B, on the stamp
paper of requisite value as per the provisions of the Indian Stamp Act, 1899.
Rule - 23. Counterpart agreement.
After making payment of Lease amount and Licence fee it shall be the duty of
the Auction purchaser/applicant to execute a counterpart agreement in
conformity with the tenor of the lease/Licence in form 4-B on the stamp paper
of the requisite value as per the provisions of the Indian Stamp Act, 1899
before taking out a licence for the sale of Indian Made Foreign Liquor and
Foreign Liquor.
The counterpart agreement
shall come into force with effect from the 1st September, of the 1st year of
the lease/licence period in respect of leases auctioned on or before 1st
September, and in case where the auction/licensing takes place on or after the
1st September of the 1st year of the lease period, the counterpart agreement
shall come into force from the date of auction/licensing and valid for the left
over part of the lease/licence period.
Rule - 24. Restrictions on the grant of Bar Licence.
(a)
A licence in Form-2B shall not be granted:
(i)
Unless the premises has:
(1)
A minimum plinth area of 200 Sq. Meters.
Provided that the minimum
plinth area shall be 150 Sq. Meter for the bars located in ULBs and the
extended ULB limits a defined in Rule 4 and other place such as Tourism Centre
(excep places of religious tourism) with population below 5 lakhs.
(2)
Sanitary equipment like wash basins,
washrooms separately forladies and gents.
(3)
Facility of cooking and serving complete
meals of good quality to the consumers as licensed by local authority by
providing a kitchen with a minimum plinth area of 15 Sq.Mtrs.
(4)
Air conditioning or Air cooling facility in
consumption rooms and halls of licensed premises.
(5)
Adequate vehicle parking arrangement.
(ii)
Within 100 meters from educational
institutions recognized by the Government, places of public worship such as
Temples registered with the Endowments Department, Mosques registered with the
Wakf Board, Churches established and managed by a registered Christian
organization or Society and Hospitals.
(iii)
Within 500 meters of predominantly residential
area, but licenses may be granted if the proposed premises is located on a main
road used for shopping purposes.
Provided that the
restrictions in clauses (i) to (iii) shall not be applicable to Star Hotels (3
Star and above) certified by the Tourism Department of the Central Government.
(iv)
Within a distance of 500 Mts. of the outer
edge of the National or State Highway or of a service lane along the Highway
and the premises shall not be either visible or directly accessible from a
National or State Highway.
Provided that in case of
areas comprised in local bodies with a population of 20,000 or less, the
distance shall be 220 Mts.
Provided further that the
restrictions under sub-rule (1) (iv) shall not apply to the Bars established
within the Municipal areas
(v)
Unless the applicant produces Trade Licence
from the local authority concerned and relevant Licence under the Food Safety
and Standards Act-2006 Issued by the competent authority.
(vi)
Unless the applicant produces lease deed on a
Stamp paper for the proposed licensed premises from the owner of the premises.
(vii)
Unless the applicant produces the approved
drawings / plan of the licensed premises.
Explanation: - For the
purpose of this rule
(1)
"Place of public worship" means a
temple registered with the Endowment Department, Mosque registered with Wakf
Board and Church "established and managed by a registered Christian
organization / society" and includes such other religious institutions, as
the State Government may by order specify in this behalf;
(2)
"Educational Institutions" means
any Primary School, Middle School and High School recognized by the State
Government or Central Government, Junior College or any College affiliated to
any University established by law:
(3)
"High Way" means National Highway or
State Highway as notified by the competent authority.
(4)
"Hospital" means any hospital which
is managed or owned by a local authority, State Government or Central
Government or any private hospital and has a provision of more than thirty (30)
beds.
(b)
The distances referred to above shall be
measured from the mid- point of the entrance of the proposed Bar premises along
with the nearest path by which pedestrian ordinarily reaches the outer edge of
the National / State Highway or Service lane, Mid-point of the nearest gate of
the Hospital, Institution or Place of public worship, if there is a compound
wall and if there is no compound wall to the mid-point of the nearest entrance
of the Institution/ Place of public worship, or the entrance of the first house
of the predominantly residential area.
Rule - 25. Death of auction Purchaser.
(1)
If the auction purchaser dies after the
acceptance of his Bid or during the currency of lease for sale of Indian Made
Foreign Liquor and Foreign Liquor by Bar his heirs shall be entitled to grant
of lease or to hold the lease as the case may be after complying with the
provisions of the rules in regard to execution of counterpart agreement and
subject to fulfillment of other conditions. If the heirs do not intend to hold
the lease, they shall within thirty days from the date of the death of the
lessee communicate in writing their unwillingness to the District Prohibition
and Excise Officer of the district. In such case the auctioning authority shall
re-auction the lease and any loss of revenue sustained by the Government in
such a case shall be recoverable as arrears of land revenue from the property
of the original auction purchaser.
(2)
A licence issued under these rules shall be
only to the person named therein and on his death, the heir or legal
representative may apply for continuance of the licence for the leftover
licence period in his name to the Commissioner of Prohibition and Excise within
thirty days of the death of the licensee. The Commissioner of Prohibition and
Excise may, at his discretion, continue the licence in the name of the heir or
legal representative of the deceased licensee, subject to fulfillment of
eligibility conditions.
Rule - 26. Period of Lease/Licence and commencement of business.
Every Lease/Licence shall be valid for 36 months beginning from the 1st
September of first year and ending with 31st August of the 3rd year, subject to
payment of Lease amount and Licence fee in respect of Auction Purchasers and
Licence fee and non-refundable registration charge in respect of Star Hotels
and Micro breweries, as the case may be, as prescribed.
Provided that the licence
issued on or after 1st September shall be valid up to 31" August of the
3rd year.
Provided further that a
licence granted for a part of the licence period shall be valid for such period
as may be specified by the licensing authority.
Provided also that every
licensee shall commence his business from 1st Septembe or such other date as
may be specified in the licence and shall keep the Bar ope every day during the
hours fixed till the expiry of the licence period with sufficiei stock of
Indian Made Foreign Liquor & Foreign Liquor unless the closure of the Ba is
ordered by the competent authority for the period specified.
Rule - 27. Non-refundable registration charge and Licence Fee.
(a)
The mode of levying non-refundable
registration charge and licence fee shall be on the basis of population.
(b)
The following shall be the licence fee and
non-refundable registration charge per annum :
1 |
2 |
3 |
4
|
Population |
Licene fee per annum in Rs. |
Non-refundable registration charge
per annum in Rs. (Upset price) |
Total amount payable to the
Authority per annum in Rs.
|
Upto 50,000 |
5 lakhs |
Rs. 15 Lakhs |
Lease amount
(Non-refundable registration charge of Rs. 15 Lakhs + bid increment in
multiples of Rs. 2 lakh over the non-refundable registration charge) +
License fee of Rs. 5 Lakhs
|
50,001 to
5,00,000 |
5 lakhs |
Rs. 35 Lakhs |
Lease amount
(Non-refundable registration charge of Rs. 35 Lakhs + bid increment in
multiples of Rs. 2 lakh over the non-refundable registration charge) +
License fee of Rs. 5 Lakhs
|
Above
5,00,000 |
5 lakhs |
Rs. 50 Lakhs |
Lease amount
(Non-refundable registration charge of Rs. 50 Lakhs + bid increment in
multiples of Rs. 2 lakh over the non-refundable registration charge) +
License fee of Rs. 5 Lakhs
|
(a)
For Bars other than 3-Star & above Hotels
and Micro Breweries
Provided that the above
annual licence fee and the annual non-refundable registration charge for each
of the licence shall be enhanced by 10% every year.
Provided further that the
annual non-refundable registration charge and the licence fee of a Bar situated
in the 10 KM belt from the periphery of a Municipal Corporation and in the 3 KM
belt from the periphery of a Municipality, measured in a straight line on the
horizontal plane, shall be at the rates of annual non-refundable registration
charge and the licence fee of Bar situated within the limits of such Municipal
Corporation and Municipality respectively.
Provided also that where the
Bar falls within the belt area of a Municipal Corporation as well as a
Municipality, the non-refundable registration charge and licence fee payable
shall be the non-refundable registration charge and licence fee applicable to
the Bar situated in the belt area of the Municipal Corporation.
(b)
For 3 star and above hotels and Micro
Breweries, the licence feeshall be Rs. 5 lakhs and Non-refundable registration
charge shall be Rs.50 lakhs per annum with an increase of 10% on both every
year.
(c)
(a) The auction purchaser shall pay the Lease
amount in one lump-sum on the day of auction or in case the day of auction is a
bank holiday, on the mmediate next working day and he/she shall pay the Licence
fee before the Licence is issued.
(b) The prior clearance
holder in respect of 3-Star & above Hotel, and Micro Brewery shall pay the
annual non-refundable registration charge and the annual licence fee before the
licence is issued.
(c) The Licence fee, the
non-refundable registration charge and the Lease amount, as the case may be,
for the second year of lease/licence period shall be paid on or before 20th
August of the first year of lease/licence period.
(d) The Licence fee, the
non-refundable registration charge and the Lease amount, as the case may be,
for the third year of lease/licence period shall be paid on or before 20th
August of the second year of lease/licence period.
(d)
The annual non-refundable registration charge
and licence fee in respect of lease/licence granted during the currency of the
lease/licence period shall be on the following scales.
(a)
Licence/lease granted between 1st September
and 30th November: Full annual non-refundable registration charge and full
annual licence fee for each of the three years.
(b)
Licence/lease granted between 1st December
and February 28th/29th: 3/4th of the annual non-refundable registration charge
and full annual licence fee for the first year and full annual non-refundable
registration charge and full licence fee for each of the remaining two years.
(c)
Licence/lease granted between 1st March and
31st May: 1/2 of the annual non-refundable registration charge and full annual
licence fee for the first year and full annual non-refundable registration
charge and full licence fee for each of the remaining two years.
(d)
Licence/lease granted between 1st June and
31st August : 1/4 of the annual non-refundable registration charge and full
annual licence fee for the first year and full annual non-refundable
registration charge and full licence fee each of the two years.
Provided that if the
licence/lease is granted after 1st of September, the non-refundable
registration charge and licence fee as applicable for the first year shall be
remitted before the issue of the licence/lease and the nonrefundable
registration charges and licence fees for the 2nd and 3rd years of
licence/lease period shall be remitted as laid down under sub-rule 3(c) and 3
(d).
(e)
In the event of failure to remit the
non-refundable registration charge, the licence fee and the lease amount, as
the case may be, on or before the due date, the licence / lease shall stand
cancelled automatically and the lease shall be re-auctioned.
(f)
The non-refundable registration charge, the
licence fee and the lease amount shall be remitted into the concerned
Government Treasury in the District in which the licensed premises is located.
Rule - 28. Transport permit.
(a)
The transport permit may be issued
authorizing movement of Indian Made Foreign Liquor and Foreign Liquor within
the State from the units of the Government / Andhra Pradesh Beverages
Corporation Ltd,/ Andhra Pradesh State Beverages Corporation Ltd. to the licensed
premises. Such transport shall be governed by Andhra Pradesh Excise (import,
export and transport of Indian Made Foreign Liquor and Foreign Liquor -
permits) Rules, 2005.
(b)
The License holder shall commence his
business as laid down under these rules and the retail outlets monitoring
officers shall monitor the Transport permits issued to the Bar licensees and
submit weekly reports to the District Prohibition and Excise Officer concerned
to ensure conduct of business by the Licence holder as per rules.
Rule - 29. Sale permitted at the licensed premises only.
(a)
The licensee shall sell the liquor only at
the premises specified in the licence.
(b)
No change or alteration of the licensed
premises shall be made during the licence period without the prior approval of
the Deputy Commissioner of Prohibition and Excise.
Provided that such change or
alteration may be permitted for valid reasons by the District Prohibition and
Excise Officer subject to payment of an alteration fee of Rs.1,00,000/-
(c)
No shifting of the licensed premises shall
ordinarily be permitted during the licence period from one location to another.
However, shifting of the licensed premises may be considered by the
Commissioner of Prohibition. & Excise for valid reasons within the same
Nagar Panchayat, Municipality including its 3 KM belt area from the periphery
or Municipal Corporation including its 10 KM belt area from the periphery, as
the case may be, subject to payment of 1% of the non- refundable registration
charge and licence fee or Rs.50,000/-, whichever is higher, as shifting fee and
on production of trade licence granted by the local authority concerned.
Rule - 30. Licence and plan of the licensed premises to be exhibited.
The proforma licence shall be exhibited in a conspicuous place in the licensed
premises. The Licensee shall also exhibit the approved drawings / plan of the
licensed premises for verification by the Inspecting authorities.
Rule - 31. Hours of Business.
The business hours shall be from 11.00 AM to 11.00 PM in respect of Bars other
than those of 3-Star and above hotels. For the Bars of Star and above hotels,
the business hours shall be from 11.00 AM to 12.00 midnight.
Rule - 32. Dry Days.
The Licensed premises shall be closed and no business transacted on the
following days declared as dry days:-
(i)
26th January - Republic day
(ii)
15th August - Independence day
(iii)
2nd October - Gandhi Jayanthi.
Provided that the licensee
shall not be entitled to any compensation whatsoever for the closure of the
licensed premises.
Rule - 33. Licensee/ Lease holder not to Transfer licence.
(a)
No licensee in respect of Star hotels or
Micro breweries and shall except with the sanction of the Commissioner of
Prohibition and Excise transfer his licence to any other person. The
Commissioner of Prohibition and Excise may allow such transfer of licence on
payment of the prescribed fee and on production of a certificate to the effect
that no cases involving contravention of Excise Act and Rules framed there
under are pending against him and also on production of Sales Tax and Income
Tax clearance certificates.
Provided that the
lease/licence in respect of a Bar granted in favour of an Auction Purchaser
shall not be transferred.
(b)
The fee payable by any licensee for the
privilege of having the transfer of his licence to any other person shall be
25% of the non- refundable registration charge and the licence fee.
(c)
Mere change in the name by keeping the entity
intact does not amount to transfer of licence. In such cases the Commissioner
may allow change in the trade name subject to payment of fee of Rupees Ten
thousand only and on production of certificates referred to in sub-rule (1)
above.
(d)
When there are only two partners in the firm
holding the licence and one of them withdraws or expires, the entity of the
firm is changed from partnership to proprietary. It amounts to transfer of
licence.
(e)
Conversion of proprietary concern into a firm
or a company or a firm into a company and vice versa shall amount to transfer
of licence.
Rule - 34. Licensee/Lease holder not to declare any person to be or not to behis partner.
No Licensee/Lease holder shall, except with the prior permission of the
Commissioner of Prohibition and Excise get any other person included as partner
to his business, or get an existing partner excluded so long as the partnership
nature of the business does not change.
Provided that the
Commissioner of Prohibition and Excise may, after such enquiry as he deem fit,
permit the licensee at his request, to get any person(s) included as partner(s)
or exclude any existing partner(s), so long as the partnership nature of the
business does not change, on payment of a fee of 5% of the non-refundable
registration charge and licence fee.
Provided further that in case
of lease of bar, the original Auction purchaser shall not be excluded from the
partnership.
Provided also that where
there is dissolution of partnership it shall be notified to the Commissioner of
Prohibition and Excise.
Rule - 35. Licensee not to stock unauthorized
Indian Made Foreign Liquor and Foreign Liquor.
The Licensee shall not stock
or sell in the licensed premises Indian Made Foreign Liquor and Foreign Liquor
except those stocks purchased from the wholesale depot of Government / Andhra
Pradesh Beverages Corporation Ltd. / Andhra Pradesh State Beverages Corporation
Ltd. of any kind which he is not authorized to buy, stock or sell under the
provisions of Act or Rules, Regulations or Orders made thereunder.
Rule - 36. The licensee not to stock Indian Made Foreign Liquor or Foreign Liquor at unauthorized place.
The licensee shall not stock Indian Made Foreign Liquor and Foreign Liquor in
any place other than the licensed premises. The licensee shall be held
responsible for any Indian Made Foreign Liquor and Foreign Liquor
unauthorizedly kept outside or nearby the licensed premises.
Rule - 37. Licensee to sell Indian Made Foreign Liquor and Foreign Liquor of specified Strength.
The Commissioner may, authorize the sale of any special brands of Indian Made
Foreign liquor of weaker strength in a particular area, in a particular
category of liquor, if he is satisfied with the wholesomeness or purity of such
liquor.
Rule - 38. Indian Made Foreign Liquor or Foreign Liquor not to be adulterated.
The Indian Made Foreign Liquor and Foreign Liquor offered for sale or stored in
the licensed premises shall not be of substandard, deteriorated, spurious or
adulterated and the licensee shall not tamper with the Indian Made Foreign
Liquor and Foreign Liquor in any manner so as to alter their quality, strength,
nature or quantity.
Rule - 39. Adulterated Indian Made Foreign Liquor or Foreign Liquor to be seized.
It shall be competent for the inspecting officer, on finding any Indian Made
Foreign Liquor and Foreign Liquor unfit for use, substandard, adulterated or
spurious or in respect of which it is believed that some substance has been
admixed so as to make it unfit for consumption by any process or manner, to
stop it from being sold and to seize the same forthwith and take necessary
further action as per the provisions of the Act.
Rule - 40. Indian Made Foreign Liquor and Foreign Liquor shall not be given or sold to certain persons.
No Indian Made Foreign liquor or Foreign Liquor shall be sold or given to the
following persons namely:-
(i)
Lunatics;
(ii)
Persons known or believed to be in a State of
drunkenness;
(iii)
Persons about whom it is known or suspected
that they are likely to participate in the commission of sedition,
insurrection, breach of peace or any other similar offence threatening public
peace and tranquility;
(iv)
Employees of the Police, Prohibition &
Excise and Railway Departments or Chauffeurs of motor vehicles while engaged in
discharging their duties;
(v)
Soldiers in uniform and the camp servants of
military officers in their uniform;
(vi)
Persons below (21) years of age.
Rule - 41. Restrictions on the sale of liquor to the customers.
The licensee shall sell Indian Made Foreign Liquor and Foreign Liquor, Beer,
Wine or Ready to Drink varieties, as the case may be, to the customers in
sealed bottles, glasses or pegs for consumption within the licensed premises
only but not for removing it out of the licensed premises.
Rule - 42. Bottles for sale to carry labels.
Every bottle of Indian Made
Foreign liquor or Foreign Liquor in a Bar shall carry Holographic Excise
Adhesive label on the cap of the bottle in addition to the manufacturers label
as approved by the Commissioner of Prohibition and Excise.
Rule - 43. Sale of only duty paid Indian Made Foreign Liquor or Foreign Liquor.
(a)
The licensee shall sell only duty paid Indian
Made Foreign Liquor and Foreign liquor
(b)
The Licensee shall purchase Indian Made
Foreign Liquor and Foreign liquor from the allotted depot of the Government/ Andhra
Pradesh Beverages Corporation Ltd/ Andhra Pradesh State Beverages Corporation
Ltd only on such terms as may be prescribed. However, the Commissioner of
Prohibition & Excise may permit the licensee to purchase the requirement of
Indian Made Foreign Liquor and Foreign Liquor from any other Depot of the
Government/ Andhra Pradesh Beverages Corporation Ltd/ Andhra Pradesh State
Beverages Corporation Ltd.
Rule - 44. Standard measures to be kept.
The licensee shall use only standard measures, as may be prescribed by the
Commissioner of Prohibition and Excise from time to time.
The measures shall be duly
stamped by the Department of Legal Metrology.
Rule - 45. Certain acts prohibited in the licensed premises.
Notwithstanding any permit/ licence granted by any authority, Gambling,
dancing, any other acts of disorderliness or obscenity within the licensed
premises shall be strictly prohibited.
Rule - 46. Harbouring of certain persons Prohibited.
Persons, who are known or believed to have been convicted of any non-bailab!e
offences, who are prostitutes and habitual offenders, shall not be employed nor
shall they be allowed to assemble or remain in the licensed premises, and if
such persons visit licensed premises the matter shall be forthwith reported to
the nearest Police Station by the licensee.
Rule - 47. Provision for a night watchman.
No person other than a watchman shall be allowed to stay in the licensed
premises during night time beyond the hours specified for closure of business.
Rule - 48. Employment of servants.
(a)
No women shall be employed for sale of Indian
Made Foreign Liquor and Foreign liquor without the special permission of the
Commissioner of Prohibition and Excise. No male person shall be appointed for
such a purpose without the prior permission of the District Prohibition and
Excise Officer and every such person whether male or female before being
employed shall obtain from the District Prohibition and Excise Officer, a
Nowkarnama in Form-5B, on payment of a fee of Rs. 10,000/- per annum.
(b)
No nowkarnama shall be granted to the
following persons:
(i)
Persons below twenty one years of age,
(ii)
Women,
(iii)
Persons of unsound mind,
(iv)
Persons whose Nowkarnama/licence have been
cancelled,
(v)
Persons convicted of any offence under the
Andhra Pradesh Excise Act, (Act of 17 of 1968) or the Narcotics Drugs and
Psychotropic Substances Act, 1985(Central Act 61 of 1985) within the preceding
three years,
(vi)
Persons convicted under Section 482 to 489 of
the Indian Penal Code, 1860 (Central Act 45 of 1860),
(vii)
Defaulters in payment of an amount due to the
State Government under the Andhra Pradesh Excise Act or the Rules made there
under.
(c)
All illegal things done in connection with
the transport, possession or sale of Indian Made Foreign Liquor and Foreign
Liquor or known to have been done in contravention of the provisions of the Act
or the Rules made there under by the servants of the licensee shall forthwith
be reported to the District Prohibition and Excise Officer, by the licensee,
and such orders regarding continuance or otherwise of such servants in service
as may be issued by the District Prohibition and Excise Officer shall be
carried out by licensee.
(d)
Every act of the authorized agent or servant
shall be deemed to be an act of the licensee.
Rule - 49. Intimation to Prohibition and Excise officer.
The licensee shall give notice of three clear days about the arrival of
consignment to the Prohibition & Excise officer concerned so that he may
have reasor time and opportunity to inspect the consignment before the seals or
packages opened.
If the consignment is not
verified within the stipulated time mentioned in the rule the licensee can take
the stocks into account and sell them.
Rule - 50. Consignments to be opened only in the presence of the Prohibition & Excise Officer.
The licensee shall open the boxes or packages of all Indian Made Foreign liquor
and Foreign Liquors received in the licensed premises only in the presence of
and after inspection by the local Prohibition & Excise Officer or in his
absence by any other Prohibition & Excise officer duly authorized in this
behalf. If any box, packet, package or bottle is found doubtfully, carelessly
or insufficiently sealed, the licensee shall produce it forthwith before the
Prohibition & Excise officer for noting down such damages. The articles
insecurely sealed or fastened may be returned by the licensee to the consignor
with the prior approval of the Commissioner of Prohibition and Excise.
The Commissioner of
Prohibition and Excise may allow in such an event, replenishment of stock
without fresh payment of duty. The Commissioner of Prohibition and Excise shall
be competent to relax the application of this rule in special circumstances.
Rule - 51. No breakages or losses in transit aIlowed.
The Licensee is not entitled as against the Government, to any compensation or
refund or reduction of duty for any loss in breakage while stocks are in
transit.
Rule - 52. Licensee to maintain accounts.
The licensee shall maintain full and day to day accounts of Indian Made Foreign
liquor and Foreign Liquor received and disposed of in Form-6B, the pages of
which are machine numbered serially. He shall also maintain such other returns
as may be required by the Commissioner of Prohibition and Excise, and he shall,
for each month, send monthly Statements and returns before the 5th of the
following months in the forms as may be fixed by the Commissioner to the
District Prohibition and Excise Officer and local Prohibition & Excise
Inspector. All registers shall be authenticated before use by the District
Prohibition and Excise Officer.
Rule - 53. Licensee to maintain brand-wise accounts.
The licensee shall also maintain in the Daily Brand-wise account in Form 7B,
and furnish a Statement before the 5th of each month to the District
Prohibition and Excise Officer and local Prohibition & Excise Inspector.
The register shall be got authenticated by the District Prohibition and Excise
Officer before use and the pages machine numbered serially.
Rule - 54. Entries in the daily accounts register.
(a)
The licensee shall enter in the register in
Form -6B, the full particulars of transport permit of passes and documents or
trip sheets, pertaining to the stocks received by him.
(b)
The moment a bottle is opened, the licensee
shall make an entry in the Daily sales register and record the loose balance in
each bottle at the end of the day.
Rule - 55. Statements of accounts to be furnished.
The licensee shall furnish on requisition any Statement of accounts, statistics
or any other particulars to the licensing authority or to any other officer of
the Prohibition & Excise Department not below the rank of a Prohibition
& Excise Sub Inspector.
Rule - 56. Monetary transactions with officers prohibited.
Any kind of monetary transactions unconnected with the official purpose between
the licensee and the personnel of the Prohibition & Excise, Police, Revenue
Department and the personnel of the Andhra Pradesh Beverages Corporation Ltd /
Andhra Pradesh State Beverages Corporation Ltd is strictly prohibited.
Rule - 57. Officers authorized to inspect premises.
Any officer not below the rank of a Prohibition & Excise Sub- Inspector may
enter and inspect the licensed premises during the working hours and inspect
and verify all the accounts, registers and stocks. It shall be competent for
such inspecting officer to take such samples as might be necessary, or to take
charge of such records and registers as might be necessary, and it shall be
incumbent on the licensee to offer reasonable assistance for such inspecting
officers to inspect, verify and to take samples. For any records removed from
the premises, the Prohibition & Excise officer shall give a receipt or in
the alternative make an entry in the inspection book in this regard.
Rule - 58. Inspection book to be maintained.
An inspection book in Form -SB, with machine numbered pages shall be kept in
the shop for the use of the inspecting officers, and the licensee shall be
responsible for the safe custody of it. The inspection book shall be the
property of the Government and shall be handed over to the Prohibition &
Excise officer concerned on expiry of the period of licence.
Rule - 59. Licence to be cancelled under certain circumstances.
If any licence or permit has been obtained by misrepresentation or by any other
fraudulent means, the licence or permit so obtained is liable to be cancelled
and the licensee or the permit holder is also liable for prosecution.
Rule - 60. Person holding more than one licence liable jointly and severally forall licenses.
If any licensee holds more than one licence and if any one of them is suspended
or cancelled under the provisions of the Act or the rules made thereunder, the
Commissioner may, for reasons to be recorded in writing order that all or any
of the remaining licenses or permits be cancelled.
Rule - 61. Licensee to abide by the provisions of the Act etc.
Every holder of the licence under these rules shall comply promptly with all
orders or directions issued from time to time under the Act, and the rules and
orders made there under and shall abide by all the conditions of the licence.
Rule - 62. Suspension, withdrawal or cancellation of a licence.
A licence granted under these Rules may be suspended, cancelled or withdrawn in
accordance with the provisions of Section 31 or 32 of the Act.
Rule - 63. Stocks on cancellation or withdrawal of licence.
If a licence is cancelled or withdrawn during the currency of the Licence
period the whole stock of Indian Made Foreign Liquor and Foreign Liquor found
in the shop shall be seized. The stock so seized shall be sold by the District
Prohibition and Excise Officer to any other licensee(s) and the proceeds of the
sale shall after deduction of the expenses and any other sum due to the
Government be refunded to the licensee provided that the licence is not
cancelled on account of a criminal case.
Rule - 64. Removal of difficulties.
If there is any doubt or dispute regarding the application or interpretation of
any of these rules, the decision of the Commissioner thereon shall be final.
Form-E1
(See
Rule 15)
Enrollment
Form
Enrollment
Name of
Applicant.:* |
Surname: *
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Father
Name: *
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Age:* |
Mobile
Number: * |
Email :*
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PAN Number: *
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Aadhaar
Number :* |
State: *
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District: * |
Residential
Address :* |
PIN Code: *
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Disclaimer.
[] I do hereby deciare that
the Information furnished in this apptication Is true te the best of my
knowledge and belief.i am aware that in the event of any Information being
found to be false or untrue. shall be liable to such action by the Prescribed
Authority as it may deem proper apart from penal action Law.
Clear
Submit
Form-R1
(See
Rule 15)
ULB/GP
Registration
Clicl
here for Aucations
* District |
* ULB Name
: |
* Online
processing Fee
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District |
Select ULB
Name |
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Add
Clear
Note : You can apply for
licences ranging from one to many for a single ULB (or) multiple ULBs.
Sl.No. |
Application Number |
Gazette Serial Number |
ULB name |
Non Refundable Application Fee |
Online Processing Fee |
CFMS Details |
Application
|
1 |
REG01072200003 |
KRS/TC2/001 |
Avanigada
Mandal |
500000.00 |
Success |
Generate
Challan |
View Details
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Form-C1
(See
Rule 15)
Confirmation
Letter
(1)
Sri/Smt.__________ S/o____________ resident
of _______________with ID number ______________has participated in the Auction
process for grant of privilege of Bar in ______________(Local body) held
on____________.
(2)
He/she has quoted a lease amount of
Rs._______________ which is accepted by the Auctioning authority and he/she
shall sign in the Confirmation register.
(3)
He/she shall pay the Lease amount on the day
of auction/within twenty four hours from the date of this confirmation letter,
(4)
This confirmation letter is only an
intimation of acceptance of the bid amount quoted by the participant and does
not confer any right for grant of Lease/Licence unless he/she fulfills the
conditions laid down under the Andhra Pradesh Excise(Lease of right of Selling
by Bar, Grant and Conditions of Licence)Rules,2022
Auctioning Authority
(This is a system generated
document and does not require any signature)
[FORM
- 1A]
(SEE
RULE-19)
(AFFIX
COURT FEE STAMP OF Rs.5/-)
APPLICATION FOR PRIOR
CLEARANCE FOR GRANT OF LICENCE
(1)
Name of the Applicant :
(2)
Full residential address Details of company
or partnership firm with registration particulars. :
(3)
Details of Hotel / Restaurant etc., licence
issued by competent Local authority. :
(4)
Details of plinth area of the premises to be
licensed and its location. :
(5)
Details of any other licenses held by him. :
(6)
Date on which he is likely to commence
business. :
(7)
Details of Challan :
I hereby declare that the
particulars given above are true to the best of my knowledge and belief. If at
a later stage any of the facts are found to be false the licence may be
cancelled and I may be prosecuted as per the Andhra Pradesh Excise Act, 1968 or
the Rules thereunder.
I hereby, undertake to abide
by the rules and licence conditions prescribed under per the Andhra Pradesh
Excise Act, 1968.
Signature of the Applicant
FORM-2A
(See
Rule - 19)
(Prior
Clearance for Grant of Licence)
Cr.No.
Date:
Sri____________
S/o__________ R/o______________ holder of trade licence for the
year.____________ issued by_______________ local authority / Municipality /
Municipal Corporation in the name and style of M/s____________
area/locality________________ at D.No_____________ Town / City____________ is
granted prior clearance for grant of licence for selling by Bar. The prior
clearance is valid for 45 days from the date of issue.
The grant of prior clearance
shall not confer any right on the applicant for grant of licence in Form-28.
The holder shall apply separately for grant of privilege to the District
Prohibition and Excise Officer concerned, fulfilling all the requirements under
the rules. The holder shall not claim for any compensation or loss in the event
of not granting licence.
Commissioner of Prohibition
and Excise.
To
Sri__________________________
Copy to the Deputy
Commissioner of Prohibition and Excise__________
Copy to the District
Prohibition and Excise Officer_______________
FORM
- 1B
(See
Rule - 22)
(Affix
Court fee stamp of Rs.2/-)
(Application
for Licence)
Affix Passport size
Photograph of the Applicant
(1)
Name of the applicant :
(2)
Full residential address :
(3)
Details of Prior Clearance, if any :
(4)
Details of company or partnership firm or sole
proprietorship. :
(5)
Details of trade licence to Hotel /
Restaurant etc., issued by competent local authority :
(6)
Details of licence issued under Food Safety
And Standards Act, 2006 :
(7)
Details of premises to be Licensed :
(8)
Details of any other licence held by him :
(9)
Date on which he can commence business :
(10)
Details of payment of licence fee etc..
(i)
Licence fee,Non-refundable registration
charge/Lease amount :
(ii)
Sub-Treasury Name :
(iii)
Date of payment :
I hereby declare that the
particulars given above are true to the best of my knowledge and belief. If at
a later stage any of the facts are found to be false the licence may be
cancelled and I may be prosecuted as per the Andhra Pradesh Excise Act 1968.or
the Rules thereunder.
I hereby, undertake to abide
by the rules and licence conditions prescribed under per the Andhra Pradesh
Excise Act 1968.
Signature of the Applicant
FORM
- 2B
(See
Rule - 4)
(Licence
for the sale of Indian Made Foreign Liquor/ Foreign Liquor to be consumed on
the premises)
I,___District Prohibition
and Excise Officer__in consideration of the payment of licence fee /
Non-refundable registration charge/ Lease amount of Rs. (Rs. only), the receipt
of which is hereby acknowledged and hereby licence you to sell all kinds of
Indian Made Foreign Liquor and Foreign Liquor on the premises bearing No. the
details of which area as follows
BOUNDARIES
(1)
East :
(2)
West :
(3)
North :
(4)
South :
__________Municipal
Corporation/Municipality/Nagar Panchayat/ Village within the marginally noted
boundaries during the licence/lease period commencing from the_________
20____________ ending with__________ 20_________ subject to the following
conditions and stipulations to be observed by you the said viz.,
(1)
No liquor shall be sold for removal from the
licensed premises.
(2)
The licence holder may purchase or stock
Indian Made Foreign Liquor and Foreign Liquor in bottles of all sizes including
Ready to Drink varieties.
(3)
The licensee is prohibited from purifying,
colouring and flavouring the liquor or making any material therewith and from
blending another kind of liquor with it or to keep in his possession other than
authorised liquor under this licence.
(4)
The Licensee is prohibited from bottling
liquors.
(5)
The possession or sale of diluted beer by the
licensee is prohibited.
(6)
All Indian Made Foreign Liquor and Foreign
Liquor sold under this licence shall be duty paid and obtained from the
wholesale depot of Government / Andhra Pradesh Beverages Corporation Limited /
Andhra Pradesh State Beverages Corporation Limited.
(7)
The licensee shall maintain and furnish to
the District Prohibition and Excise Officer statistics showing the consumption
of all kinds of liquors separately,
(8)
The licence shall be subject to cancellation
or suspension at will by the Commissioner of Prohibition and Excise.
(9)
The Licensee shall not act in any manner
prejudicial to the interest of the revenues of the Government.
Date:
Day of_______20______
District Prohibition and Excise Officer.
FORM
- 4B
(See
Rule - 23)
(Counterpart
Agreement to sell Indian Made Foreign Liquor, Foreign Liquor/Beer, Wine and
Ready to Drink varieties as required under Section 29 of the ANDHRA PRADESH
Excise Act, 1968)
I / We__________________,
S/o______________ age________________ years have severally / jointly obtained the
Licence in Form____________________ under the name and style of
M/s____________________ period from____________ to____________ at premises
No._____________ on payment of non-refundable registration charge/Lease amount
and licence fee of Rs._.
I/We do hereby affirm, agree
and covenant with the licensing authority:
(i)
That, I/We shall be severally/ jointly
responsible to abide by the terms and conditions of the Licence as laid down in
the licence in Form-2B , dated_______ and the Andhra Pradesh Excise (Lease of
right of Selling by Bar, Grant and Conditions of Licence) Rules, 2022.
(ii)
That, I/ We shall abide by the provisions of
Andhra Pradesh Excise Act, 1968 and the Rules and Orders there under existing
and also those that would be issued from time to time.
(iii)
That, I/ We shall abide by all general
conditions applicable to the sale of intoxicants and also the instructions
issued by the Commissioner of Prohibition and Excise, in this regard from time
to time.
(iv)
That, I/ We shall be bound to pay the
non-refundable registration charge and licence fee, lease amount and excise
duty etc. or any enhanced non-refundable registration charge, licence fee and
excise duty etc., and the like levied rom time to time.
(v)
That, I/ We shall be bound to pay the
penalties or privilege fee levied from time to time.
(vi)
That, I/ We hereby agree that the
licence/lease is liable to be cancelled on the basis of any adverse report of
investigation for any lapse which amounts to contravention of any Rule or any
condition of licence/lease or any other provisionof Law and also for any
conviction in any criminal case at any time either in the past or in future.
(vii)
If the licence is surrendered in the middle
of the lease period, I/ We shall not be eligible for refund of Licence Fee and
non-refundable registration charge.
(viii)
That, if I/ We fail to pay the non-refundable
registration charge and licence fee, Lease amount, Excise Duty, Penalties or
Privilege fee etc., if any, due to the Government on time, the licence/lease is
liable to be cancelled and the entire amount so due, without prejudice to any
other mode of recovery, may be recovered by way of distraining my/ our movable
and immovable property whatsoever I/ We possess and selling the said properties
under the Andhra Pradesh Revenue Recovery Act.
This agreement is executed
in favour of the licensing authority and the said authority may enforce the
above terms and conditions agreed to by me/ us.
Place:
Date:
Signature of the
Licensee/Licensees.
Witnesses:
1.
2.
I certify that Sri/
Sarvasri__________ S/o____________ R/o.H.No._______ Name of the locality,
village or town______________ is known to me / identified by Sri /
Sarvasri__________________ known to me, executed the agreement and signed
before me.
Signature of the Licensing
Authority
Official Designation and
Seal
FORM
- 5B
(See
Rule - 48)
Nowkarnama
District :
(1)
Mandal :
(2)
Village :
(3)
(i) Name of the Bar :
(ii) Number of the licence
& Date :
(4)
(i) Name of the Licensee :
(ii) Address :
(5)
(i) Name of the Agent or the authorized
servant :
(ii) Date of Birth/Age :
(ii) Fathers name :
(iv) Identification marks of
the agent or the authorized servant :
(6)
Signature or thumb impression of the agent or
the authorized servant.
(7)
Signature or thumb impression of the licensee
Seal:
Place:
Date:
District Prohibition and
Excise Officer
Note:-
(i)
The agent or the authorized servant shall
sign or affix his thumb impression before the District Prohibition and Excise
Officer.
(ii)
The District Prohibition and Excise Officer
shall attest the signature or thumb impression and also sign across the
photograph or the agent/authorized servant under his official seal in token of
its correctness.
(iii)
The nowkarnama shall be issued induplicate
and the duplicate retained in the office of the District Prohibition and Excise
Officer.
FORM
-6B
(See
Rule- 52)
DAILY
ACCOUNT REGISTER
(Separate
page shall be set apart for each type of liquor with an index in the front page
of the Register)
Name of the Licensee Licence
No. and Date
Sl.No. |
Date, Month And year |
Opening Stock |
Receipts |
Issues |
|||
No. of Bottles |
L/Q/P/N/D |
No. of Bottles |
L/Q/P/N/D |
No. of Bottles |
L/Q/P/N/D
|
||
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8
|
|
|
|
|
|
|
|
|
Balance |
No.of date of T.P. In respect of
receipts Shown in Col.5, 6 |
Signature of the Licensee |
Remarks
|
|
No. of Bottles |
L/Q/P/N/D |
|||
10 |
11 |
12 |
13
|
|
|
|
|
|
|
FORM
-7B
(See
Rule - 53)
Daily
Brand-wise Account Register.
(Separate
page shall be set apart for each type of liquor with an index in the front page
of the Register)
Name of the Licensee Licence
No. and Date
Date |
Item |
Opening Stock |
Receipts |
Issues
|
L/Q/P/N/D |
L/Q/P/N/D |
L/Q/P/N/D
|
||
1 |
2 |
3 |
4 |
5
|
|
|
|
|
|
Balance |
Signature of the Licensee
|
L/Q/P/N/D |
|
7
|
|
|
|
FORM
- 8B
(See
Rule - 58)
Inspection
Book
(1)
Date of Inspection :
(2)
Time of Inspection :
(3)
Name of the Officer Inspecting with his
designation :
(4)
Quantity of liquors as per stock books :
(5)
Quantity found actually in stock :
(6)
Difference if any, and the reasons given by
the licensee :
(7)
General conditions of the licensed Premises :
(8)
Other remarks or directions, if any :
Signature of the Officer
inspecting