Delhi Excise (Amendment) Rules, 2021
[25 May 2021]
No.
F.10/2//2021-22/SRD/Fin(B)/JSBudget/882-892.-In exercise of the powers
conferred by sub-section (1) of section 81 of the Delhi Excise Act, 2009 (Delhi
Act 10 of 2010), the Lt. Governor of the National Capital Territory of Delhi
hereby makes the following rules to further amend the Delhi Excise Rules, 2010,
namely:-
Rule - 1. Short Title and Commencement :-
(1)
These rules may
be called the Delhi Excise (Amendment) Rules, 2021.
(2)
They shall come
into force on such date as the Government may, by notification in the Official
Gazette, appoint:
PROVIDED
that different dates may be appointed for different provisions of these rules
and any reference in any such provision to the commencement of these rules
shall be construed as a reference to the coming into force of that provision.
Rule - 2. Amendment in Rule 2 :-
(i)
In the Delhi
Excise Rules, 2010 (hereinafter referred to as principal rules), after sub-rule
(5), the words can and pouch shall be substituted with the words can, pouch and
aseptic packaging.
(ii)
After Sub-rule
(51), the following sub-rule shall be inserted as under:
(52)
"zone" means an area defined by the Excise Commissioner, from time to
time, for the purpose of allocation of Retail Licenses.
Rule - 3. Amendment in Rule 24 :-
In the
principal rules, the rule 24 shall be omitted.
Rule - 4. Amendment in Rule 30 :-
In the
principal rules, in rule 30 after the words show window and before the full
stop, the words, or in any other manner. However, showcasing or branding of
liquor will be allowed only inside the retail vend in a zone (L-7V &
L-7SP1) , shall be inserted.
Rule - 5. Amendment in Rule 32 :-
In the
principal rules, in rule 32, the table after the word prescribed fee:-
shall be
substituted as under:
|
S.No.
|
Form
|
Details of Licences
|
Authority empowered to grant
|
Authority empowered to renew
|
|
1
|
L-1
|
Wholesale
vend of Indian liquor, Foreign Liquor, Draught Beer
|
Deputy Commissioner
|
Not renewable
|
|
2
|
L-3
|
Wholesale
vend of Country Liquor
|
Deputy Commissioner
|
Not renewable
|
|
3
|
L-4
|
Wholesale
vend of Rectified Spirit.
|
Deputy Commissioner
|
Deputy Commissioner
|
|
4
|
L-5
|
Wholesale
vend of Denatured Spirit including Special Denatured Spirit
|
Deputy Commissioner
|
Deputy Commissioner
|
|
5
|
L-6
|
Retail vend
of Indian Liquor in public sector
|
Deputy Commissioner
|
Deputy Commissioner
|
|
6
|
L-6FG
|
Retail vend
of Foreign Liquor in public sector to the holder of licence in form L- 6 .
|
Deputy Commissioner
|
Deputy Commissioner
|
|
7
|
L-6FE
|
Retail vend
of Foreign Liquor in public sector.
|
Deputy Commissioner
|
Deputy Commissioner
|
|
8
|
L-7 Z
|
Zonal Licence
for Retail vend of Indian Liquor, Foreign Liquor in Private Sector
|
Deputy Commissioner
|
Deputy Commissioner
|
|
9
|
L-7V
|
Retail vend
of Indian Liquor, Foreign Liquor in Private Sector in a Zone
|
Deputy Commissioner
|
Deputy Commissioner
|
|
10
|
L-7SP1
|
Super Premium
Retail vend of Indian Liquor, Foreign Liquor
|
Deputy Commissioner
|
Deputy Commissioner
|
|
11
|
L-8
|
Retail vend
of Country Liquor in public sector
|
Deputy Commissioner
|
Deputy Commissioner
|
|
12
|
L-11
|
Retail vend
of Beer, manufactured by Microbrewery.
|
Deputy Commissioner
|
Deputy Commissioner
|
|
13
|
L-12
|
Retail vend
of Beer and Wine in Departmental Store.
|
Deputy Commissioner
|
Deputy Commissioner
|
|
14
|
L-12F
|
Retail vend
of Foreign Beer and Wine in Departmental Store to the holder of licence in
form L-12.
|
Deputy Commissioner
|
Deputy Commissioner
|
|
15
|
L-13
|
Retail Vend
of Indian Liquor for Home Delivery
|
Deputy Commissioner
|
Deputy Commissioner
|
|
16
|
L-13F
|
Retail vend
of Foreign Liquor for home delivery to the holders of Licence in Form L-13
|
Deputy Commissioner
|
Deputy Commissioner
|
|
17
|
L-14
|
Retail vend
of economy Indian Liquor and Beer to holder of licence in form L-8
|
Deputy Commissioner
|
Deputy Commissioner
|
|
18
|
L-15
|
Service of
Indian Liquor and Foreign in a hotel to residents in their rooms
|
Deputy Commissioner
|
Deputy Commissioner
|
|
19
|
L-16
|
Service of
Indian Liquor & Foreign in a bar/restaurant attached to a Hotel
|
Deputy Commissioner
|
Deputy Commissioner
|
|
20
|
L-17
|
Service of
Indian Liquor and Foreign in independent restaurant
|
Deputy Commissioner
|
Deputy Commissioner
|
|
21
|
L-19
|
Round the
clock service of Indian and Foreign Liquor in independent restaurant located
either in arrival or departure area of International Airport.
|
Deputy Commissioner
|
Deputy Commissioner
|
|
22
|
L-20
|
Service of
Indian and Foreign Liquor in a bar/dining car in a luxury train.
|
Deputy Commissioner
|
Deputy Commissioner
|
|
23
|
L-21
|
Round the
clock service/sale of Indian and Foreign Liquor in a bar attached to a hotel
located either in arrival or departure area of International Airport
|
Deputy Commissioner
|
Deputy Commissioner
|
|
24
|
L-22
|
Retail vend
of Indian Liquor in duty free shop for consumption “off??? the premises located at departure
Lounge of International Airport
|
Deputy Commissioner
|
Deputy Commissioner
|
|
25
|
L-23
|
Retail vend
of Indian and Foreign Liquor in military canteen
|
Deputy Commissioner
|
Deputy Commissioner
|
|
26
|
L-24
|
Retail vend
of Medicated Wine
|
Deputy Commissioner
|
Deputy Commissioner
|
|
27
|
L-25
|
Retail vend of
Denatured Spirit including Special Denatured Spirit
|
Deputy Commissioner
|
Deputy Commissioner
|
|
28
|
L-26
|
Retail vend
of Rectified Spirit
|
Deputy Commissioner
|
Deputy Commissioner
|
|
29
|
L-27
|
Retail vend
of Bhang
|
Deputy Commissioner
|
Deputy Commissioner
|
|
30
|
L-28
|
Service of
Indian and Foreign Liquor in a club
|
Deputy Commissioner
|
Deputy Commissioner
|
|
31
|
L-29
|
Service of
Indian and Foreign Liquor at a club/mess whose membership is exclusively for
Government servants, retired Government servants, including members of armed
forces, serving or retired and the club/mess is not run on commercial lines.
|
Deputy Commissioner
|
Deputy Commissioner
|
|
32
|
L-30
|
Licence for
possession of liquor at home in excess of individual possession limit.
|
Deputy Commissioner
|
Assistant Commissioner
|
|
33
|
L-31
|
Licence for
Warehouse for storage of Indian Liquor, Foreign Liquor, Draught Beer
|
Excise Commissioner
|
Not renewable
|
|
34
|
L-33
|
Licence for
Warehouse for storage of Country Liquor
|
Excise Commissioner
|
Not renewable
|
|
35
|
L-34
|
Licence for
Warehouse for the storage of denatured spirit
|
Excise Commissioner
|
Excise Commissioner
|
|
36
|
L-35
|
Licence for
Ware house for the storage of rectified spirit
|
Excise Commissioner
|
Excise Commissioner
|
|
37
|
L-36
|
Licence to a
registered medical practitioner, a chemist/druggist for sale of Intoxicating
Spirituous Preparations.
|
Deputy Commissioner
|
Deputy Commissioner
|
|
38
|
L-37
|
Licence for
Hotel Management Institutes for keeping liquor for the purpose of training
|
Deputy Commissioner
|
Deputy Commissioner
|
|
39
|
L-38
|
License for
Banquet Halls, Party Places, Farm Houses, Motels, Wedding/Party/Event Venues
with permission to serve Indian and Foreign liquor in all the parties hosted
at their premises on payment of one-time annual fee
|
Deputy Commissioner
|
Deputy Commissioner
|
Rule - 6. Amendment in Rule 33 :-
In the
principal rules, in rule 33 after S.no.10A, new S.no.10B shall be inserted as
under:
|
10B
|
P-10E
|
Permit for
service of Indian Liquor and Foreign Liquor at Banquet Halls, Party places,
Farm Houses, Wedding/party/event venues.
|
Deputy Commissioner
|
Deputy Commissioner
|
Rule - 7. Amendment in Rule 35 :-
In
the principal rules, the rule 35 shall be substituted as under:
Rule
35: Certain licenses not to be granted in conjunction with other licenses. -
Except with the permission of the Government,
(1)
No
person shall be granted more than one wholesale licence in form L-1.
(2)
No
licence for retail sale of liquor for consumption "off" the premises
and for consumption "on" the premises shall be granted to the holder
of whole sale licence and vice versa:
(3)
No
retail licence for consumption of liquor "off" the premises shall be
granted to a person holding any other retail licence:
Provided
that more than one licence in form L-6, L-7Z, L-7V, L-7SP1, L-8 and L-14 may be
granted to a person.
Provided
further that not more than two L-7Z licenses may be granted to a person.
Rule - 8. Amendment in Rule 36 :-
In
the principal rules, the rule 36 shall be substituted as under:
"Restrictions
as to grant of Licences to distillery, brewery, winery or bottling plant -
Licence in Form L-1 shall not be granted to any distillery, brewery, winery or
bottling plant. However, Licence in Form L-3 shall only be granted to a
distillery or bottling plant."
Rule - 9. Amendment in Rule 37 :-
In
the principal rules, in rule 37 after clause(1), 2010 the followings provisos
shall be added-
"Provided
that the Deputy Commissioner may impose such additional conditions regarding
eligibility of licencees for grant of licenses with the prior approval of the
Government"
"Provided
further that licence in the form L-1, L-7Z, L-7V and L-7SP1 shall not be
granted to any company or society owned by any State Government or its
Undertaking."
Rule - 10. Amendment in Rule 41 :-
In
the principal rules, the rule 41 shall be substituted and read as under:
(1)
All
applications for the renewal of licenses and permits shall be received in the
office of the Deputy Commissioner before the end of February each year along
with licence or permit fee, payable for the renewal of licence or permit.
(2)
In
case of delay, the Deputy Commissioner may admit such application before the
expiry of the licence or permit, provided that there are good and sufficient
reasons for the delay on payment of additional fee of twenty five percent of
the prescribed licence or permit fee:
Provided
that the application for renewal of licence or permit may be admitted including
those granted in the month of March may be admitted after the expiry of the
licence or permit, if there are good and sufficient reasons for the delay on
payment of double the amount of licence or permit fee payable, and the licence
or permit may be renewed with the approval of the Excise Commissioner.
Provided
further that in case of licence in form L-7Z, L-7SP1, the license fee to be
paid at the time of renewal shall be as determined by the Government from time
to time.
Provided
further that in case of licence in Form L-15, L-16 and L-17, the licence fee
shall be payable in two equal installments after completion of all documentary
requirements. First installment of 50% of the license fee should be paid by
15th March each year, failing which additional fee of 25% of first installment
shall be payable till 31st March and beyond that double the amount of first
installment shall be payable. Second installment of remaining balance amount of
license fee should be paid before 30th September each year alongwith interest
@12 percent per annum, failing which double the amount of second installment
shall be payable.
Rule - 11. Amendment in Rule 45 :-
In
the principal rules, in rule 45, the words L-15F, L-16F, L-17F, L-28F, L-29F
shall be omitted.
Rule - 12. Amendment in Rule 51 :-
In
the principal rules, in the rule 51,
(i)
In
the proviso to sub-rule (4), after the word L-12, the words,and super premium
retail vend holding license in form L-7SP1 shall be inserted.
(ii)
In
sub-rule (5), wherever the word Forms is mentioned, the same shall be
substituted with the word Form and the words L-15F and L-16F wherever
mentioned, the same shall be omitted.
(iii)
In
sub-rule (8), the word L-20F shall be omitted.
(iv)
Sub-rule
(10), shall be substituted as under:
"Retail
licences for consumption "on" the premises, shall be granted at a site,
subject to furnishing of No Objection Certificate from the Fire Department in
accordance with the guidelines of Delhi Fire Service".
Rule - 13. Amendment in Rule 53 :-
In
the principal rules, in rule 53,
(i)
"Sub-rule
(1) shall be omitted.
(ii)
In
Sub-rule (4), the proviso shall be substituted as under:
Provided
that the licensees holding license for consumption "on" the premises
may be permitted, subject to such terms and conditions as may be imposed by
Deputy Commissioner by general or specific order, to play any type of
entertainment/performance including music and musical instruments, dancing, or
singing by professionals or DJ, Live Bands, and Karaoke on its premises.
(iii)
The
Sub-rules (2) to (10) shall be renumbered as Sub-rules (1) to (9)
respectively".
Rule - 14. Amendment in Rule 55 :-
In
the principal rules, in rule 55, after sub-rule (9) , a new sub-rule (10) shall
be inserted as under:
(10)
Every L1 Licensee shall set-up a Government approved laboratory at their
warehouses to randomly check the presence of sub-standard liquor or spurious
liquor in each batch of liquor received from the manufacturers. The L1 Licensee
shall have the duty and responsibility to systematically check the liquor being
sent to them for the presence of sub-standard liquor or spurious liquor and
mandatorily inform the Excise Department in case any sub-standard liquor or
spurious liquor is found in the supplies.
Rule - 15. Amendment in Rule 58 :-
In
the principal rules, in rule 58, a new proviso shall be inserted as under:
"Provided
that in case of licences granted in form L-7Z or L-7SP1, the security deposit
shall be forfeited and the surrendered license shall be retendered and the said
licencee shall be prohibited from participating in any other bidding process
for a period of 2 years".
Rule - 16. Amendment in Rule 66 :-
In
the principal rules, the rule 66 shall be substituted as under:
Rule
66.Special conditions.-
Licences
in different forms prescribed in the rules shall, in addition to the conditions
prescribed elsewhere, be subject to the special conditions prescribed as under-
(1)
License
in form L-1 for wholesale of Indian Liquor, Foreign Liquor and Draught beer to
the trade.-
(a)
the
licensee shall sell liquor only to the holders of licence for consumption
"off" the premises or as directed by the Excise Commissioner;
(b)
the
licensee shall have a bonded Warehouse duly licensed by the Excise Commissioner
for storage of both Indian Liquor and Foreign Liquor. However, in case of
Foreign Liquor, such bonded warehouse shall be in addition to the Customs
approved bonded warehouse;
(c)
duty
on Indian Liquor imported into Delhi shall be payable by the licensee before
grant of import pass at such rates as may be notified, unless the liquor is to
be kept, after import in a bonded warehouse, established or licensed by the
Excise Commissioner.
(d)
In
case of Foreign liquor, the licensee shall affix the sticker containing the
statutory requirements of retail price, label and hologram or any other
security feature as decided by the Excise Commissioner in the godown approved
by the Excise Commissioner.
(e)
the
licensee shall furnish authorization letter from the manufacturer or the
importer in India for every brand;
(f)
the
licensee shall satisfy the following conditions for supply of draught beer:
(i)
the
draught beer shall be imported in kegs only;
(ii)
there
should be proper refrigeration arrangements for the safe storage of draught
beer;
(iii)
it
shall be the duty of the licensee to ensure that no stale or deteriorated beer
is sold;
(iv)
the
draught beer once imported into Delhi, shall not be allowed to be exported for
any reason whatsoever;
(v)
mixing
of Co2 may be done within the permissible limits to provide necessary fizz.
(vi)
If
after import of draught beer, it is found to have been deteriorated either
during the transport of the kegs from the brewery to the licensed premises or
the licensee has subsequently found that such stocks have deteriorated during
the storage prior to sale, the same shall be destroyed, after the receipt of
the report from the Chemical Examiner, with the permission of the Deputy
Commissioner.
(2)
Licence
in form L-3 for the wholesale vend of Country Liquor.-
(a)
the
licensee shall not sell Country Liquor to any person other than the holder of
licence in form L-8;
(b)
the
Government may fix the wholesale price (exclusive of duty, retail margin, local
transport charges and VAT of Country Liquor and may fix different prices for
different types of Country Liquor:
Provided
that the Government may authorize any officer or committee of officers, to
negotiate with the tenderer with a view to arrive at a uniform lowest price for
supply of country liquor in bottles of different sizes. No tenderer shall have
any right to be called for negotiation:
Provided
further that having once fixed the price, the Government shall not vary it to
the disadvantage of the licensee during the currency of his licence and that he
shall not vary the price, if licence has been granted on the basis of prices
quoted in competitive tenders;
(c)
the
licensee shall not bottle, case, capsule or label country liquor on the
premises of his licence, unless specially permitted to do so by the Excise
Commissioner;
(d)
the
licensee shall, in addition to any quantities which he may be required to make
available for sale under clause
(e)
the
licensee shall, during the currency of his licence, acquire and make available
for sale such quantities of country liquor in different sizes of bottles in a
year as may be required by an order of the Excise Commissioner and the Excise
Commissioner shall not be under any obligation to guarantee the sale of all the
country liquor so required to be made available;
(f)
the
licensee shall make supplies as may be required in the terms and conditions
under which licence is granted;
(g)
subject
to the provisions contained in clauses (d) and (f), the licensee shall make
available for sale in his licensed premises so much of country liquor as can be
manufactured out of extra neutral alcohol, if allocated to him, by the Excise
Commissioner and shall, for this purpose take all necessary actions, including
action to obtain allocation orders from the Excise Commissioner and release
orders from other Excise Authorities;
(h)
the
licensee shall render a true and correct account of the quantities of extra neutral
alcohol, lf allocated and released to him, utilised and supplied by him in the
form of country liquor and remaining in balance with him so as to reach the
Deputy Commissioner on or before the 3rd day after the close of the fortnight
to which the statement pertains.
(3)
Licences
in form L-6, L-6FG, L-6FE, L-7Z, L-7V, L-7SP1 and L-12 for retail sale of
Indian Liquor and Foreign Liquor:-
(a)
the
licensee shall sell liquor to the holders of license for consumption
"on" the premises and also to individuals for consumption
"off" the premises.
(b)
the
licensee shall not sell liquor to any person for consumption "on" the
premises.
Provided
that in case of licensees holding more than one licences, the transfer of stock
from one licensed premises to another may be made with the prior approval of
the Deputy Commissioner or any other excise officer authorized by him.
(4)
Licence
in form L-8 for the retail vend of country liquor for consumption
"off" the premises.-
(a)
the
licence for retail vend of country liquor shall be granted by tender, auction
or fixed fee;
(b)
the
licensee shall, unless otherwise permitted by the Excise Commissioner in
exceptional cases, get his requirement of country liquor from a person licensed
to sell country liquor by wholesale in Delhi;
(c)
the
licensee may, if no arrangement is made in Delhi, obtain his supplies of
country liquor up to 20 percent of his sale of country liquor from any
distillery or bottling plant, approved for this purpose by the Excise
Commissioner:
Provided
that in the case of the import of country liquor in bulk, beyond the limits of
Delhi, the licensee shall not break bulk until the consignment has reached
Delhi and has been compared by an Excise Inspector with the pass, covering the
consignment;
(d)
the
licensee shall not sell or expose for sale country liquor in bottles of such
shape or colour or bearing such figures, words or marks as are reasonably made
to lead persons to believe that such liquor is other than country liquor;
(e)
the
licensee shall sell country liquor at such rates as may, from time to time, be
fixed by the Government;
(f)
the
licensee shall maintain account of receipt and sale in form F-6 and shall at
the end of each month prepare and submit to the Excise Department a monthly
true abstract of receipt and sales;
(g)
the
licensee shall not store in the licensed premises-
(i)
any
empty liquor bottle, cork, capsule, pilfer proof seal, bottle neck etc., except
as provided under the rules;
(ii)
any
bottle of soda water or any other soft drink;
(iii)
rectified
spirit and denatured spirit;
(iv)
any
other intoxicant;
(5)
License
in Form L-11 for beer manufactured by Microbrewery:
(a)
Each
micro-brewery will have to appoint a L-1 distributor for any off-premise sale.
Micro-Brewery shall be allowed to supply to other bars and restaurants who have
L15, L-16, L-17, L-19, L-20, L-21, L-28, L-29 & L-38 licenses. The orders
can only be placed by the above license holders through a retail vend
(L-7V/L-7SP1) who will procure the product from an L1 distributor.
(b)
Draught
beer shall be allowed to be taken away in bottles or growlers.
(c)
However,
wherever draught beer is being served as a take away, clear signage and
information will be need to put up about its short shelf life and the bottles
will have to mention the expiry date clearly.
(d)
Draught
beer manufactured by Microbrewery shall be allowed to be served at permitted
events which have the P-10, P-10E, P-11, P-13 permits. The L-1 distributor and
the Micro-Brewery will have the responsibility to reinforce the expiry date and
ensure no product outside the expiry date is being sold at the outlets.
(e)
Any
L-15, L-16, L-17, L-19, L-20, L-21, L-28, L-29 and L-38 license holder found
selling draught beer after its expiry date will immediately have his license
revoked.
(6)
Licence
in Form L-13 for home delivery of Indian liquor and Foreign Liquor by ordering
through mobile app or online web portal:
(a)
the
licensee shall make delivery of liquor at the residences only if order is
received through mobile app or online web portal and no delivery shall be made
to any hostel, office, and institution;
(b)
the
licensee shall not sell liquor to any person for consumption "on" the
premises;
(c)
the
licensee shall not sell liquor to any other licensee:
PROVIDED
that in case of licensees holding more than one licences, the transfer of stock
from one licensed premises to another maybe made with the prior approval of the
Deputy Commissioner or any other excise officer authorized by the Deputy
Commissioner.
(7)
Licences
in Form L-15 for service of Indian Liquor and Foreign Liquor in a hotel or
guesthouse to the residents in their rooms:
(a)
no
liquor shall be served by the licensee to any person except on the order of a
bonafide resident;
(b)
no
liquor shall be served by the licensee at any place other than the room in
which the person ordering it resides for the time being;
(c)
no
licensee shall purchase any liquor from any person other than a person holding
a licence in Forms L-7V & L-7SP1, without the permission of the Excise
Commissioner.
(8)
Licences
in Form L-16 for service of Indian liquor and Foreign Liquor in a bar attached
to a hotel:-
(a)
the
licensee may serve any Indian Liquor or Foreign Liquor at any area (excluding
the rooms within the premises of the hotel), including open spaces viz. terrace
/ balcony / lower area of Hotel with the condition that the liquor serving area
shall be screened off from the public view. However, for serving these liquors
in banquet halls/party venues within the premises of the hotel, separate
license in form L-38 or permit in form P-10E, as the case may be, shall be
required.
(b)
the
licensee may store Indian Liquor and Foreign Liquor at any place, including
refrigerator, within the licensed premises.
(c)
the
licensee shall serve Indian Liquor, Foreign Liquor, wine or beer either in
glasses or in full bottles. However, it shall be the sole responsibility of the
licensee to ensure that no customer takes the served bottles out of the
licensed premises.
(d)
no
licensee shall purchase any liquor from any person other than a person holding
licences in form L-7V & L-7SP1, without the permission of the Excise
Commissioner.
(e)
the
licensee may retain two dispensing counters without any additional charge.
However, for retaining more than two dispensing counters, additional payment @
5% of the applicable license fee per additional counter shall be charged.
(9)
Licences
in form L-17, L-19, and L-21 for service of Indian Liquor and Foreign Liquor
for consumption "on" the premises in independent restaurant.-
(a)
the
licensee may serve any Indian Liquor or Foreign Liquor at any area within the
premises of the restaurant, including open spaces viz. terrace/balcony/lower
area of restaurant, if any, specified and endorsed on its licence subject to
the condition that the liquor serving area shall be screened off from the
public view.
(b)
the
licensee may store Indian Liquor and Foreign Liquor at any place, including
refrigerator, within the licensed premises;
(c)
the
licensee shall serve Indian Liquor, Foreign Liquor, wine or beer either in
glasses or in full bottles. However, it shall be the sole responsibility of the
licensee to ensure that no customer takes the served bottles out of the license
premises.
(d)
no
licensee shall purchase any liquor from any person other than a person holding
licences in form L-7V & L-7SP1, without the permission of the Excise
Commissioner.
(e)
the
licensee may retain two dispensing counters without any additional charge.
However, for retaining more than two dispensing counters, additional payment @
5% of the applicable license fee per additional counter shall be charged.
(10)
Licences
in Form L-20 for service of Indian Liquor and Foreign Liquor in a bar or a
dining car in a luxury train.-
(a)
the
licensee shall be India Tourism Development Corporation, a State Tourism
Development Corporation, its units or any other agency, approved by the Excise
Commissioner;
(b)
the
licensee shall not serve Indian Liquor and Foreign Liquor at any premises other
than the premises of the bar or dining car specified and endorsed on the
licence;
(c)
the
licensee shall serve Indian Liquor, Foreign Liquor, wine or beer either in
glasses or in full bottles. However, it shall be the sole responsibility of the
licensee to ensure that no customer takes the served bottles out of the license
premises.
(d)
the
licensee shall serve Indian Liquor and Foreign Liquor for consumption
"on" the premises only to bonafide passengers boarding the train;
(e)
the
licensee shall not serve Indian Liquor and Foreign Liquor to persons employed
in railway service on train;
(f)
the
licensee shall be required to take licence for service of Indian Liquor and
Foreign Liquor from the excise authorities of those states through which the
train passes;
(g)
no
licensee shall purchase any liquor from any person other than a person holding
licences in form L-7V & L-7SP1, without the permission of the Excise
Commissioner.
(h)
in
the event of dismantling of bar in the train for any reason, whatsoever, the
licensee shall intimate the stock position of liquor to the Excise Commissioner
and it may be disposed of in the manner as decided by him.
(11)
Licence
in Form L-22 for the retail vend of Indian Liquor in duty free shop for
consumption "off" the premises.-
(a)
the
licensee shall sell Indian Liquor in retail for consumption off the premises to
bonafide passengers going out of India, against foreign exchange;
(b)
The
licensee shall not sell Indian Liquor to persons employed at air port except
under the rules framed by the administration concerned;
(12)
Licence
in form L-23 and L23F for the vend of Indian Liquor and Foreign Liquor in
military canteen approved by the competent military authority.-
(a)
licence
in form L-23 shall be granted on the basis of dependency certificate issued by
the Area Manager of the Canteen Stores Department, Delhi for sale of Indian
Liquor and Foreign Liquor only in military unit;
(b)
the
licensee shall not sell liquor, except such liquor as he may be permitted to
sell;
(c)
notwithstanding
anything contained in sub-rule (2) of rule 51, the licensee shall establish
separate places of vend without taking separate licences in cases where a
portion of a unit is detached for training and other purposes or is left
behind;
(d)
the
licensee shall not sell liquor of any description to persons other than those
attached to the regiment for which his licence is granted or duly authorised by
the competent military authority to use such canteens;
(13)
Licence
in form L-24 permitting sale of medicated wines.-
(a)
the
licensee shall not sell under this licence any wine, except the wines which are
classified as medicated wines;
(b)
the
licensee shall not sell any article covered by his licence except for medicinal
purpose;
(c)
the
licensee shall not sell to any person at any one time any article covered by
his licence in greater quantity than 9 litres or twelve quart bottles, provided
that sale in larger quantities may be made to persons holding a chemists
licence and to Government and charitable dispensaries;
(d)
except
upon the order of a medical practitioner, the licensee shall not knowingly sell
or supply any article covered by his licence for consumption by a minor or a
person of unsound mind;
(e)
no
licence shall be required for the sale of medicated wine, containing up to 20
degree proof spirit.
(14)
Licence
in form L-28 for service of Indian Liquor and Foreign Liquor at a club.-
(a)
the
licensee shall be authorised to sell Indian Liquor or Foreign Liquor by retail
for consumption on the club premises to its members or their guests, subject to
permissible age limit;
(b)
the
licensee shall serve Indian Liquor, Foreign Liquor, wine or beer either in
glasses or in full bottles. However, it shall be the sole responsibility of the
licensee to ensure that no customer takes the served bottles out of the license
premises.
(c)
no
licensee shall purchase any liquor from any person other than a person holding
licences in form L-7V & L-7SP1, without the permission of the Excise
Commissioner;
(d)
the
licensee is authorized to avail thirty guest nights per month;
(e)
Excise
Commissioner may permit guest nights exceeding thirty per month;
(f)
the
licensee may serve any Indian Liquor or Foreign Liquor at any area within the
premises of the club, including open spaces viz. terrace/balcony/lower area of
Club with the condition that the liquor serving area shall be screened off from
the public view.
However,
for serving these liquors in banquet halls/party venues within the premises of
the club, separate license in form L-38 or permit in form P-10E, as the case
may be, shall be required.
(15)
Licence
in form L-29 for retail vend of Indian Liquor and Foreign for consumption
"on" the premises at club or mess whose members are exclusively
Government servants and retired Government servants, including the members of
armed forces serving or retired and such a club or mess is not running on
commercial lines.-
(a)
the
licensee shall sell Indian Liquor and Foreign Liquor by retail for consumption
"on" the premises to its members or their guests, subject to
permissible age limit.
(b)
the
licensee shall serve Indian Liquor, Foreign Liquor, wine or beer either in
glasses or in full bottles. However, it shall be the sole responsibility of the
licensee to ensure that no customer takes the served bottles out of the license
premises.
(c)
no
licensee shall purchase any liquor from any person other than a person holding
licences in form L-7V & L-7SP1, without the permission of the Excise
Commissioner;
(d)
the
licensee is authorized to avail thirty guest nights per month;
(e)
Excise
Commissioner may permit guest nights exceeding thirty per month;
(f)
the
licensee may serve any Indian Liquor and Foreign Liquor at any area within the
premises of the club, including open spaces viz. terrace/balcony/lower area of
club with the condition that the liquor serving area shall be screened off from
the public view.
However,
for serving these liquors in banquet halls/party venues within the premises of
the club, separate license in form L-38 or permit in form P-10E, as the case
may be, shall be required.
(16)
Licence
in form L-37 for Hotel Management Institutes for keeping liquor for the purpose
of training.-
(a)
the
licence shall be issued to Hotel Management Institute or other teaching
institute recognized by the Government;
(b)
the
liquor shall be used for teaching purpose only;
(c)
the
liquor shall be purchased from licensed retail vends only;
(d)
the
limit of liquor shall be decided by the Excise Commissioner.
(17)
Licence
in Form L-38 for banquet hall, party places, motel, wedding/party venues;
(a)
Venues
which conduct multiple events have to mandatory take the L-38 Licence in order
to serve liquor in their premises;
(b)
To
enable host of the events procure liquor, the L-38 License shall issue a letter
mentioning therein its L-38 license Number, date of the event, number of guests
etc. to the host of the event to enable him/her to procure the liquor on
prescribed proforma without any payment of fees (P-10E) from L-7V and/ or
L-7SP1 vend.
(c)
The
licensee may serve any Indian Liquor and Foreign Liquor at any area within the
Licensed premises including open spaces viz. terrace/balcony/lower area with
the condition that the liquor serving area shall be screened off from the
public view.
Rule - 17. Amendment in Rule 69 :-
In
the principal rules, in rule 69, in sub-rule (3) (d), entry at S.No. (v) shall
be substituted by MRP.
Rule - 18. Amendment in Rule 82 :-
In
the principal rules, in the rule 82;
(1)
In
Sub-rule (2)(a), the words Indian liquor shall be substituted by the words
Indian Liquor and Foreign Liquor
(2)
The
Sub-rule (2)(b) shall be omitted.
(3)
The
Sub-rule (2)(c), (2)(d) and(2)(e) shall be rearranged as Sub-rule (2)(b),
(2)(c) and (2)(d) respectively.
Rule - 19. Amendment in Rule 151 :-
In
the principal rules, in rule 151, after clause (2), the following clause shall
be inserted as under;
"(3)
Notwithstanding any amendments brought by the Delhi Excise (Amendment) Rules
2021, all licences and permits granted under the Delhi Excise Rules, 2010 shall
continue till such time as decided by the Government, subject to adherence of
requirements of principal act and rules."
Rule - 20. Amendment in Rule 152 :-
In
the principal rules, in rule 152;
(i)
The
sub-rule (1) shall be substituted as under:-
(1)
Indian Liquor (Whisky, Rum, Gin, Vodka, Brandy, Wine, Liqueur, Beer, Draught
Beer, Cider, Alcopop) and Foreign Liquor (Whisky, Rum, Vodka, Gin, Brandy,
Wine, Liqueur, Beer and Cider) - Duty @ 1% of Wholesale Price.
Provided
that the amount of duty payable shall be subject to the provisions of rule 54
of these rules.
Rule - 21. Amendment in Rule 153 :-
In
the principal rules, rule 153 shall be substituted as under:
153.
Rate of duty for sale through Canteen Stores Department (CSD).- For sale of
Indian Liquor and Foreign Liquor through the Canteen Stores Department (holders
of Licence in Form L-23), the rate of duty shall be Sixty Five percent of the
Wholesale price.
Rule - 22. Amendment in Rule 154 :-
In the
principal rules, in rule 154,
(i)
In Sub-rule
(1)(a), the word L-1F and the word,L-32 shall be omitted.
(ii)
In Sub-rule
(1)(b), the words Rs. 5 Lacs shall be substituted by the words Rs. 1 Lac.
(iii)
In Sub-rule (2),
the table shall be substituted as under:
|
S.No.
|
Reference of Rule
|
Forms of License
|
Description of Licenses
|
Annual License fee
|
|
1
|
32(1)
|
L-4
|
Wholesale
Vend of Rectified Spirit
|
25,000
|
|
2
|
32(1)
|
L-5
|
Wholesale
vend of Denatured spirit including special denatured spirit
|
25,000
|
|
3
|
32 (1)
|
L-6
|
Retail
vend of Indian Liquor in public sector
|
4,00,000
|
|
4
|
32 (1)
|
L-6 FG
|
Retail
vend of Indian Liquor in public sector
|
4,00,000
|
|
5
|
32 (1)
|
L-6FE
|
Retail
vend of Foreign Liquor in public sector
|
2,00,000
|
|
6
|
32(1)
|
L-7 Z
|
Zonal
Licence for Retail vend of Indian Liquor, Foreign Liquor in Private Sector.
|
To be
determined in accordance with Rule 48.
|
|
7
|
32(1)
|
L-7SP1
|
Super
Premium Retail vend of Indian Liquor, Foreign Liquor
|
To be
determined in accordance with Rule 48.
|
|
8
|
32(1)
|
L-8
|
Retail
vend of Country Liquor and Delhi Medium Liquor (60 degrees) in public sector
|
2,00,000
|
|
9
|
32(1)
|
L-11
|
Retail
Vend of Beer, manufactured by Microbrewery
|
Rs.
2,50,000 for installed capacity upto 500 litres per day Rs. 5,00,000 for
installed capacity of more than 500 litres and upto 1000 litres per day
|
|
10
|
32(1)
|
L-12
|
Retail
vend of beer and wine in Departmental Stores.
|
2,00,000
|
|
11
|
32(1)
|
L-14
|
Retail
vend of Delhi Economy Liquor (45 degrees) and Beer to holder of license in
Form L-8.
|
2,00,000
|
|
12
|
32(1)
|
L-15
|
Service of
Indian Liquor and Foreign Liquor in a hotel, motel or guest house to
residents in their rooms (for round the clock service).
|
Guest
houses/hotels with up to 100 rooms or below -Rs. 2,50,000 and will be allowed
to serve foreign liquor within the same license itself.
Guest
houses/hotels with more than 101 rooms up to 400 rooms - Rs.7.5 lakh.
Guest
houses/hotels with more than 401 rooms - Rs.15 lakh.
|
|
13
|
32(1)
|
L-16
|
Service of
Indian Liquor and Foreign Liquor in a bar/restaurant attached to a hotel or
motel
|
Budget
hotels to 2 Star hotelsRs.10 lakh.
3 Star and
4 Star hotels -Rs. 15 lakh.
5 Star and
above 5 star hotels including Deluxe Hotels, 1st Class Category Hotels -Rs. 1
crore which will include fee for service of liquor for 24 hours counters in
the restaurants and permission to serve in open areas as well within the
hotel premises.
Any events
taking place in any guest house, hotels will have to secure a separate P10E
license.
*Categorisation
of Hotel to be provided by applicant from the Competent Authority.
|
|
14
|
32(1)
|
L-17
|
Service of
Indian Liquor and Foreign liquor in independent restaurant
|
Upto 1000
Sq Ft Area –Rs. 5 Lakh
Between
1001 Sq Ft and 2500 Sq Ft Area –Rs. 15 Lakh
Above 2500
Sq Ft Area –Rs. 25 Lakh.
|
|
15
|
32(1)
|
L-19
|
Round the
clock service of Indian Liquor and Foreign liquor in independent restaurant
located either in arrival or departure areas of International Airport
|
Rs.25 Lakh
|
|
16
|
32(1)
|
L-20
|
Service of
Indian Liquor and Foreign Liquor in a bar/dining car in a luxury train
|
1,00,000/-
|
|
17
|
32(1)
|
L-21
|
Round the
clock service/sale of Indian Liquor and Foreign Liquor in a bar attached to a
hotel located either in arrival or departure area of International Airport
|
Rules of
L19 shall apply for hotels upto 4 star attached to hotels.
5 Star
hotels and above will have to obtain the L16 license and the same Rules will
apply.
|
|
18
|
32(1)
|
L-22
|
Retail
vend of Indian Liquor in duty free shop for consumption “off???
the premises located at departure Lounge of International Airport
|
2,50,000/-
|
|
19
|
32(1)
|
L-23
|
Retail
vend of Indian and Foreign Liquor in military canteen
|
NIL
|
|
20
|
32(1)
|
L-24
|
Retail
vend of Medicated Wine
|
1000
|
|
21
|
32(1)
|
L-25
|
Retail
vend of Denatured Spirit including Special Denatured Spirit
|
For
possession limit up to 1000 BL: 2000
For
possession limit more than 1000 BL: 5000
|
|
22
|
32(1)
|
L-26
|
Retail
vend of Rectified Spirit
|
5000
|
|
23
|
32(1)
|
L-27
|
Retail
vend of Bhang
|
5000
|
|
24
|
32(1)
|
L-28
|
Service of
Indian Liquor and Foreign Liquor in a club
|
Rs. 5 Lakh
all clubs which will include use of open air areas, multiple counters and
will cover all the restaurants/outlets within the club premise. No separate
P10E permit will be required at any event being conducted at these clubs once
Regular L-38 Licence is acquired.
|
|
25
|
32(1)
|
L-29
|
Service of
Indian Liquor and Foreign Liquor at a club/mess whose membership is
exclusively for Government servants, retired Government servants, including
members of armed forces, serving or retired and such a club/mess is not run
on commercial lines
|
Rs.25,000/-
|
|
26
|
32(1)
|
L-30
|
Licence
for possession of liquor at home in excess of individual possession limit.
|
10000:
more than 1 year and upto 3 years*
20000:
more than 3 years and upto 5 years*
*The
person should submit an affidavit confirming his stay at the declared
residential address for the duration of the licence applied for.
|
|
27
|
32(1)
|
L-34
|
Licence
for Ware house for the storage of denatured spirit
|
20000
|
|
28
|
32(1)
|
L-35
|
Licence
for Ware house for the storage of rectified spirit
|
30000
|
|
29
|
51 (2)
|
|
Additional
storage space for holder of licences of retail vend of Indian Liquor, Foreign
Liquor and Country Liquor
|
Ten per
cent of the corresponding licence fee per month
|
|
30
|
32(1)
|
L-36
|
Licence to
a registered medical practitioner, a chemist/druggist for sale of
Intoxicating Spirituous Preparations
|
5000
|
|
31
|
32(1)
|
L-37
|
Licence
for Hotel Management Institutes for keeping liquor for the purpose of
training
|
25000
|
|
32
|
32(1)
|
L-38
|
License
for Banquet Halls, Party Places, Farm Houses, Motels, Wedding/Party/Event
Venues with permission to serve Indian and Foreign liquor in all the parties
hosted at their premises on payment of one-time annual fee
|
Carpet
area upto 5000 sq ft.: 5,00,000
Carpet
area more than 5000 and upto 15000 sq ft.: 10,00,000
Carpet
area above 15000 sq ft.: 15,00,000
|
(iv)
In sub-rule (4) of 154, the S.No. 10 shall be substituted as
under:
|
10
|
20 (1)(c)
|
P-10
|
Service of
Indian Liquor and Foreign Liquor at a place other than the licensed premises
i.e. for inhouse party or any function in any community center
|
Fee will
be applicable @ Rs. 10,000/- irrespective of the number of guests.
|
(v)
In sub-rule (4), after entries at S.No.10A, a new S.No.10B
shall be inserted as under:
|
10B
|
33
|
P-10E
|
Permit for
service of Indian Liquor and Foreign Liquor at Banquet Halls, Party places,
Farm Houses, Wedding/party/event venues.
|
Fee will
be applicable @ Rs. 50,000/- per event, if the said venue does not hold
regular L-38 license.
|