Haryana Liquor License (Amendment) Rules, 2022

[10th June 2022]

No.23/X-l/P.A.1/1914/S.59/2022.- In exercise of the powers conferred under section 59 of the Haryana Excise Act, 1914 (Punjab Act 1 of 1914) and with reference to Haryana Government, Excise and Taxation Department, Notification No.09/X-1/P.A.1/1914/S.9/2020, dated the 28th January, 2020, I, Shekhar Vidyarthi, Excise Commissioner, Haryana, exercising the powers of Financial Commissioner hereby make the following rules further to amend the Haryana Liquor License Rules, 1970, namely:-

Rule - 1.

(1)     These rules may be called the Haryana Liquor License (Amendment) Rules, 2022.

(2)     They shall come into force with effect from the 12th day of June, 2022.

Rule - 2.

 

In the Haryana Liquor License Rules, 1970 (hereinafter called the said rules), in rule 24,-

(i)       for clause (i), the following clause shall be substituted, namely:-

"(i) for a license in form L-1,-

(a)      Rs. 1.55 crore in case the annual quota of IMFL in an excise district is less than or equal to 10 lakh Proof Litre.

(b)      Rs. 1.85 crore in case the annual quota of IMFL in an excise district is more than 10 lakh Proof Litre and less than or equal to 25 lakh Proof Litre.

(c)      Rs. 2.15 crore in case the annual quota of IMFL in an excise district is more than 25 lakh Proof Litre and less than or equal to 50 Lakh Proof Litre.

(d)      Rs. 2.75 crore in case the annual quota of IMFL in an excise district is above 50 Lakh Proof Litre:

Provided that no such license shall be issued unless a refundable security/bank guarantee equivalent to 30 % of the license fee for each L-1 license is deposited which shall be liable to be forfeited or adjusted for any amount or penalty due under the Act:

Provided further that in case L-1 licensee is found to be indulging in any illegal or clandestine sale of liquor in order to avoid additional excise duty, the amount becoming due on account of penalty etc. towards such L-1 licensee shall be recoverable from the security deposited by him of his retail outlets (L-2) licenses and in case of shortage in the stock of any L-1 godown is found more than 20,000 Proof Litre and upto 40,000 Proof Litre, minimum penalty that may be imposed for breach shall not be less than 1.5 times the additional excise duty payable on such stock. In case of shortage in the stock of any L-1 godown is found more than 40,000 Proof Litre, minimum penalty that may be imposed for breach shall not be less than 2 times the additional excise duty payable on such stock and a breakage of allowance of 0.5% on Indian Made Foreign Liquor, all other remaining type of liquor and 1% on beer shall be allowed.

The Excise duty levied in respect to the breakage stock shall not be refunded/adjusted.";

(ii)      for clause (i-bb), the following clauses shall be substituted, namely:-

"(i-bb) for licenses in form L-4/L-5:-

(a)      L-4/L-5 licenses granted to the hotels Rs. 25,00,000 of 5 Star grading and above:

Provided that L-4/L-5 licenses shall also be granted within the area notified under Gurugram-Manesar Urban Complex Plan 2031 and also such places where Haryana State Industrial Development Corporation has developed Industrial Model Townships and Theme/Specialized Parks like Industrial Model Townships, Manesar, Industrial Model Townships, Bawal, Industrial Model Townships, Rohtak, Industrial Town Park Manesar, Technology Park, Panchkula. L-4/L-5 licenses shall also be granted to the reputed restaurants in the industrial towns Dharuhera and Bahadurgarh and reputed restaurants situated in the Morni sub-Tehsil area:

Provided further that such licensee shall be allowed one main bar and three additional points, along with room service (L-3), without any further fee. Such licensee shall further be allowed to operate the main bar round the clock. By virtue of having L-3 license, these hotels are allowed to keep liquor in the refrigerators kept in the hotels rooms along with other food articles and beverages. In case the licensee wishes to sub-lease one or more additional points, then a fixed fee of Rs. 10 Lakh per additional point shall be charged from such licensee. L-4/L-5 licensee bars can remain open up to 02.00 A.M. in the State. The timings of bars may be further extended upto 08:00 A.M on payment of additional annual fee of Rs.20 Lakh per annum. Sale of liquor including imported foreign liquor made through L-4/ L-5 outlets (bars) shall attract VAT @ 18 % + surcharge @ 5% on VAT.

(b)      Hotels having grading of 4 Star: Rs. 22,50,000

Provided that such licensee shall be allowed one main bar and two additional points, along with room service (L-3), without any further fee. Such licensee shall further be allowed to operate the main bar round the clock. By virtue of having L-3 license, these hotels are allowed to keep liquor in the refrigerators kept in the hotels rooms along with other food articles and beverages:

Provided further that L-4/L-5 license shall also be granted provisionally to a Hotel located anywhere in the State subject to the condition that the applicant shall procure star classification of 4 star and above from the Ministry of Tourism, Government of India within one year of grant, failing which the provisional license shall not be renewed subsequently. The licensee shall apply for the star rating within one month of obtaining the L-4/L-5 license:

(c)      for Hotels having grading of 3 Star,-

Provided that such licensee shall be allowed one main bar, along with one additional point and room service (L-3), without any further fee. By virtue of having L-3 license, these hotels are allowed to keep liquor in the refrigerators kept in the hotels rooms along with other food articles and beverages:

Provided further that L-4/L-5 license shall also be granted to three star and above categories of star hotels located anywhere in the State. L-4/L-5 licenses may also be granted to those hotels and restaurants of repute situated in the district head quarter cities. In order to promote tourism/adventure sports tourism in the State, the case for grant of a bar license in form L-4/L-5 to any reputed hotel, resort and restaurant etc., having good infrastructure and facilities, but located beyond geographical restriction as mentioned in relevant clauses of the Excise policy, shall be considered by the Government. All such cases shall be sent by the Excise and Taxation Commissioner with his recommendation to Government for approval.

The license of existing functional bars located anywhere in the State shall be renewed by the concerned Deputy Excise and Taxation Commissioner (Excise), on behalf of the Collector:

Provided further that such licensee of category (a), (b) and (c) mentioned above shall also be allowed to serve liquor in functions, parties, events and meetings, held in up to three (03) of their identified and approved halls including banquet halls and ground floor lawns, sourced from the main bar, on payment of a one-time fee equal to 50% of his annual license fee.

The L-4/L-5 licensees shall be allowed to procure Imported Foreign Liquor (BIO) from any of the nearest two different L-2BF licensees as per choice subject to the payment of assessment fee and permit fee. In case of non-availability of any BIO brands, the Deputy Excise and Taxation Commissioner (Excise) shall allow/ensure the bar licensees to procure such BIO brands from any L-1BF licensee in the State after obtaining non-availability certificate from the nearest two L-2BF licensees. The rates of assessment fee and permit fee for the bar licensees shall be as under:-:

Provided that a refundable security of Rs. 5,00,000 Lacs shall be taken from the L-4/L-5 licensees in addition to the license fee.";

(d)      The license fee for L-4/L-5 shall be,-

(a)      for revenue district Gurugram Rs. 18,00,000/-

(b)      for district Faridabad Rs. 15,00,000/-

(c)      for all other districts in the State except Rs. 10,00,000/- Gurugram and Faridabad

(d)      for Bar(s) operated by Haryana A composite fee of Rs. 1, 50,00,000/- Tourism Corporation in all districts

(e)      Bars operated by Haryana Shahri A composite fee of Rs. 1,50, 00,000/- Vikash Pradhikaran in their Gymkhana and Golf Clubs in all districts:

Provided that a composite security of Rs. 6,00,000 Lacs shall be taken from Haryana Tourism Corporation and Haryana Sahari Vikash Pradhikaran in addition to the composite license fee:

Provided further that any L-4/L-5 licensee is found indulging in sale of liquor in bottles instead of pegs, except in case of Wine/Beer/RTB/Cider/Liqueur, sale of unaccounted liquor and sale of liquor without holograms/EALs his license shall be cancelled forthwith and the security amount shall be forfeited. Such licensee and premises shall also be debarred for holding any license under the Excise Act for a period of two years, if he is found indulged second time in an year, in any of above offence(s).

Note 1.- Any additional point above the points already allowed, shall be allowed on payment of a fee equal to 20 % of the annual license fee for each such point and maximum number of three additional points per license shall be allowed.

Note 2.- In case of bars operated by Haryana Tourism Corporation and Haryana Shahri Vikash Pradhikaran in their Gymkhana and Golf Clubs, they shall be allowed additional point on payment of a fee equal to Rs. 1 lakh for each such point.";

(iii)     for clause (ii), the following clause shall be substituted, namely:-

"(ii). A license in form L-11 to bottle Indian Made Foreign Liquor shall be granted on payment of license fee of Rs. 75,00,000 per annum which shall be renewable on payment of renewal fee of Rs. 75,00,000 per annum:

Provided that bottling plants hitherto having L-15 license, shall be allowed to take L-11 license after paying one time conversion fee of Rs. 10.00 lakh along with other fees of L-11 license:

Provided further that the licensee holding license in form L-11 shall be liable to pay registration fee of Rs. 7.00 lac per brand per year for the bands to be bottled in Haryana:

Provided further that the license holders of D-2 license and B-I license who bottle brands other than their own brands shall also be liable to pay registration fee at the same rate as holder of license in form L-11.

In addition to registration fee for such bottling both category of licensees referred to above shall also be liable to pay the franchise fee at the following rates:-

Franchise Fee

Provided that no new letter of intent shall be granted to the proposed bottling plant till actual utilization of Extra Neutral Alcohol reaches 90% of the installed production capacity of the existing distilleries in the State. Further, no letter of intent shall be revalidated in the year 2022-23 for a proposed bottling plant, if the applicant fails to set up the plant within the prescribed time under the provisions of his letter of intent.";

(iv)    for clause (ii-c), the following clause shall be substituted, namely : -

"(ii-c) The bottling fee on Indian Made Foreign Spirit and Beer shall be levied as under: -

Provided that bottling fee shall be leviable on liquor for export as well as on liquor on local consumption, if no franchise fee is levied.";

 

(v)      in clause (iv), for the existing proviso at the end, the following proviso shall be substituted, namely :-

 

"Provided that a license in form L-12A shall be granted by the Deputy Excise and Taxation Commissioner (Excise) to an individual beyond possession limit for serving liquor during a day. The following categories shall apply online for grant of L-12A license:-

(i)       for serving liquor in banquet halls, farm houses, community centres, public parks/places of Haryana Sahari Vikash Pradhikarn, dharamshalas holding functions, get-togethers and marriage parties.

(ii)      for licensed hotels, restaurant and clubs for serving liquor outside their licensed premises on a temporary basis for hosting a function on a specific day.

(iii)     for individual obtaining license to serve liquor at a private place for a day, beyond the possession limit.

The commercial places like Banquet Halls, Hotels having Party Hall/Lawns shall have to mandatorily register with the Excise Department in the office of Deputy Excise and Taxation Commissioner (Excise) of the respective district. The annual registration fee of Banquet Halls and Hotels having Party Halls/Lawns shall be as under:-

The fee structure for L-12A license shall be as under:-

Provided further that L-12A license shall also be granted to Private Contractors/organizers being applicant for serving liquor during entertainment events/mega shows/magic shows/celebrity programmes etc. shall be granted on payment of application fee, as mentioned below:-

This licence shall be granted by Excise and Taxation Commissioner. In addition, the applicant shall also be required to deposit Excise Duty/Assessment Fee/VAT or any other levies as applicable.

The application for grant of L-12A license at all the commercial venues shall mention the details of caterer i.e. name and style, GSTIN, the approximate number of guests and the quantity of liquor:

Provided further that in case any banquet hall/hotel is found serving liquor without a valid L-12A License, a penalty of Rs. 50,000/- shall be imposed for first offence, Rs. 1,50,000/- for second and third offences. Further, in case of subsequent violations, such banquet hall/hotel shall be debarred for grant of any excise license for a period of one year.".

(vi)    for clause (iv-b), the following clauses shall be substituted, namely :-

"(iv-b) for a license in form L-12C,-

Provided that L-12C licenses shall be granted to the Clubs of repute situated anywhere in the State. L-12C licenses shall also be granted in a residential condominium situated anywhere in the State.

This will be subject to the condition that only the residents of the condominium or their guests shall be allowed to utilize the facilities in a club having L-12C License:

Provided further that in case of L-12C license granted to Sirhind Club, Ambala, the army official shall be allowed to utilize their quota through CSD canteen while the civilian members shall not be entitled for the liquor supplied through CSD canteen:

Provided further that any L-12C licensee is found indulging in sale of liquor in bottles instead of pegs, except in case of Wine/Beer/RTB/Cider/Liqueur, sale of unaccounted liquor and sale of liquor without holograms/EALs, his license shall be cancelled forthwith and the security amount shall be forfeited. Such licensee and premises shall also be debarred for holding any license under the Excise Act for a period of two years, if he is found indulged second time in an year, in any of above offence(s).

The L-12C licensees shall be allowed to procure Imported Foreign Liquor (BIO) from any of the nearest two different L-2BF licensees as per choice subject to the payment of assessment fee and permit fee. In case of non-availability of any BIO brands, the Deputy Excise and Taxation Commissioner (Excise) shall allow/ensure the bar licensees to procure such BIO brands from any L-1BF licensee in the State after obtaining non-availability certificate from the nearest two L-2BF licensees. The rates of assessment fee and permit fee for the bar licensees shall be as under:-:

L-12C licensee bars may remain open up to 02.00 A.M. in the State. The timings of bars may be further extended upto 08:00 A.M on payment of additional annual fee of Rs.20 Lakh per annum:

Provided further that a refundable security of Rs. 5,00,000 Lacs shall be taken from the L-12C licensees in addition to the license fee.";

Note:- Any additional point, except the points already allowed, shall be allowed on payment of a fee equal to 20 % of the annual license fee for each such point and maximum number of three additional points per license shall be allowed.";

(vii)   for clause (iv-c) and entries thereagainst, the following clause and entries thereagainst shall be substituted, namely:-

"(iv-c) for a license in form L-12CC,-

(a)      Golf Club with the capacity Rs. 30,00,000/- Up to 9 holes (with 2 sale points).

(b)      Golf Club with the capacity Rs. 50,00,000/- Up to 18 holes (with 3 sale points):

Provided that license to serve liquor shall only be granted to Golf Clubs having facilities of 9 holes or more and they shall not be permitted as an additional point attached to any hotel or any type of bar license. The L-12CC Club bar licensee can remain open up to 02.00 A.M. in the State. The timings of bars may be further extended upto 08:00 A.M on payment of additional annual fee of Rs.20 Lakh per annum.

The L-12CC licensees shall be allowed to procure Imported Foreign Liquor (BIO) from any of the nearest two different L-2BF licensees as per choice subject to the payment of assessment fee and permit fee. In case of non-availability of any BIO brands, the Deputy Excise and Taxation Commissioner (Excise) shall allow/ensure the bar licensees to procure such BIO brands from any L1BF licensee in the State after obtaining non-availability certificate from the nearest two L-2BF licensees. The rates of assessment fee and permit fee for the bar licensees shall be as under:-:

Provided that any L-12CC licensee is found indulging in sale of liquor in bottles instead of pegs, except in case of Wine/Beer/RTB/Cider/Liqueur, sale of unaccounted liquor and sale of liquor without holograms/EALs his license shall be cancelled forthwith and the security amount shall be forfeited.

Such licensee and premises shall also be debarred for holding any license under the Excise Act for a period of two years, if he is found indulged second time in an year, in any of above offence(s):

Provided further that a refundable security of Rs. 5,00,000 Lacs shall be taken from the L-12CC Club bar licensees in addition to the license fee.";

(viii)  in clause (v), for sub-clause (i) and entries thereagainst, the following sub-clause and entries thereagainst shall be substituted, namely :-

"(i)   The annual license fee for the wholesale outlet of country liquor (L-13) shall be as under:-

(1)     Rs. 50.00 lakh in case the annual quota of country liquor in an excise district is equal to or less than 25 lakh Proof Litre.

(2)     Rs. 60.00 lakh in case the annual quota of country liquor in an excise district is more than 25 Lakh and less than 50 Lakh Proof Litre.

(3)     Rs. 80.00 lakh in case the annual quota of country liquor in an excise district is equal to or more than 50 Lakh Proof Litre:

Provided that no such license shall be issued unless a refundable security/bank guarantee equivalent to 50 % of the license fee for each L-13 license is deposited which shall be liable to be forfeited or adjusted for any amount or penalty due under the Act:

Provided further that in case L-13 licensee is found to be indulging in any illegal or clandestine sale of liquor in order to avoid additional excise duty, the amount becoming due on account of penalty etc. towards such L-13 licensee shall be recoverable from the security deposited by him of his retail outlets (L-14A) licenses and in case of shortage in the stock of any L-13 godown is found more than 15,000 Proof Litre and upto 25,000 Proof Litre, minimum penalty that may be imposed for breach shall not be less than 1.5 times the additional excise duty payable on such stock. In case of shortage in the stock of any L-13 godown is found more than 25,000 Proof Litre, minimum penalty that may be imposed for breach shall not be less than 2 times the additional excise duty payable on such stock and a breakage of allowance of 0.5% on Country Liquor shall be allowed. The Excise duty levied in respect to the breakage stock shall not be refunded/adjusted.";

(ix)    for clause (i-c) and entries thereagainst, the following clause and entries thereagainst shall be substituted, namely:-

"(i-c) for a license in form L-1AB,-

(x)      for clause (i-cc) and entries thereagainst, the following clause and entries thereagainst shall be substituted, namely:-

"(i-cc) for a license in form L-1AB1,-

(xi)    for clause (i-e) and entries thereagainst, the following clause and entries thereagainst shall be substituted, namely:-

"(i-e) for a license in form L-1B,-

(xii)   In clause (i-ee), for sub-clause (a) and entries thereagainst, the following sub-clause and entries thereagainst shall be substituted, namely:-

"(a) for a license in form L-1B-1,-

(xiii)  for clause (i-eee) and entries thereagainst, the following clause and entries thereagainst shall be substituted, namely:-

"(i-eee) for a license in form L1-B1-A (Ready to Drink Beverages),-

(xiv)  for clause (i-eeee), the following clause shall be substituted, namely : -

" (i-eeee) for a license in form L-1BF. -

(a)      The license fee for L-1BF shall be Rs. 4,00,00,000.

(b)      The license shall be granted by inviting online application on the departmental portal.

(c)      The applicant shall be allowed to make only one application. The applicant shall be, a wholesale licensee in the State of Haryana or any other State, or a proprietor firm or a partnership firm, or , a company registered under the Companies Act, 2013 (Central Act 18 of 2013) or a society registered under the relevant law or a firm registered under Limited Liability Partnership Act, 2008 (Central Act 6 of 2009).

(d)      The applicant shall deposit an application fee of Rs. 2,00,000. The application fee shall be non-refundable and non-adjustable. The application shall also be accompanied with an earnest money of Rs. 10,00,000. The application shall be accompanied with documents establishing the identity of the applicant. Identity proof(s) of all the person(s), like proprietor, all the partners, directors and the authorized person, if there is any one so authorized, should be uploaded online along with the application.

(e)      All the applications which are found in order in accordance with the provisions of excise law shall be considered as eligible. The Department shall publish list of eligible applicants on its official website and, this will be treated as date of allotment of his license. The license shall be valid for a period starting from the day of grant of license or 12th June, 2022 whichever is later.

(f)       The eligible applicant shall deposit a security amount equal to 25% of the license fee within a week of the date of allotment, or within such time, as may be prescribed in the notice. The earnest money shall be adjustable towards the payment of amount of security.

 

The licensee shall also be required to declare the storage capacity of his liquor godown at the time of grant of license.

 

(g)      The earnest money of the applicant shall be forfeited in the following cases:-

(i)       In case the applicant furnishes or found having furnished any false or forged document in his application;

(ii)      In case the applicant is found guilty of indulging in any malpractice;

(iii)     If the successful applicant fails to deposit security amount within the prescribed time;

(iv)    If the successful applicant fails to furnish documents as he is required to submit to the department within the seven days of the allotment or for any other reason as the Excise Commissioner may think fit.

(h)     The minimum number of wholesale licenses of Imported Foreign Liquor (BIO) in the State is fixed at ten (10). However, in case, the number of eligible applications received in first round exceeds ten (10), L-1BF licence shall be granted to all such applicants and no more applications shall be invited for grant of L-1BF licence.

(i)       In case number of applications received in first round is less than ten (10), the department shall initiate another round(s) for allotment of remaining L-1BF in the State. If in any subsequent round, the number of applications exceeds the count of remaining L-1BF licence, then the grant of such remaining L-1BF licence shall be made by draw of lots among the eligible applications received in such round. No more applications shall be invited thereafter.

(j)       The eligible applicant shall submit all other documents as are required under the provisions of the notice, instructions and the Haryana Excise Act, 1914 and the rules framed there under.

(k)      The applicant shall be treated as licensee once he has deposited his security amount.

(l)       The successful applicant shall pay the license fee in eight monthly installments each equal to 10% of the license fee. The first of the eight installments shall be paid by the last working day of the calendar month of allotment. The remaining seven installments shall be paid by 15th of each month, starting from the month following the month of allotment, till all seven installments are received.

In case, the license is granted after the month of September, 2022, the 80% of the license fee shall be divided equally into monthly installments in such a manner that the whole amount is received by the 15th April, 2023. The first of theses installments shall be paid by the last working day of the calendar month of allotment and remaining monthly installment shall be paid by 15th of each month following the month of allotment. The remaining part of the license fee shall be adjusted from the 25% security amount. The balance amount from security, if any, shall be refundable after adjusting any amount due towards licensee.

Interest shall be leviable for the period of delay in depositing the license fee in accordance with the provisions of retail licensees of Indian Made Foreign Liquor and Country Liquor.

(m)    The minimum quota for each L-1BF Licensee shall be 75000 cases. The quota lifting schedule for L-1BF licensee shall be as under:-

(i)       Quarter-1 Minimum 25% of annual quota

(ii)      Quarter-2 Minimum 50% of annual quota

(iii)     Quarter-3 Minimum 75% of annual quota

(iv)    Quarter-4 Minimum 100% of annual quota

Provided that in case of L-1BF license allotted during the currency of policy year, the quarter-wise quota shall be calculated by dividing it equally on the number of days basis:

Provided further that the licensee shall have to lift the minimum amount of quota in the financial year. In case of failure to lift the minimum quota shall attract a penalty of Rs. 1800 per case. Penalty shall be leviable for deficient quantity of quota lifted at the end of each quarter calculated. However, in case any shortage of quota has been penalized in a quarter, the same deficiency of quota shall not be penalized again in any subsequent quarter(s).

(n)     The assessment fee and permit fee shall be levied as under:-

(o)      VAT on Imported Foreign Liquor (BIO) shall be charged at the rate of 3% with surcharge @ 5%.

(p)      The labels shall be liable to cancellation for any violation of any applicable law or breach of any provisions of excise law. A fee of Rs. 15,000/- shall be charged for registration of all types of Imported Foreign Liquor (BIO) brands.

(q)      A penalty of Rs. 3000 per bottle, irrespective of size of bottles involved, shall be imposed on every unaccounted bottle of whisky and wine found at the L-1BF premises, or at any other premises like L-1, L-2, L-4 & L-5, L-12C, L-12G, L-10B etc. The penalty shall be imposed on the licensee in whose premises it is found. In case of Beer the penalty shall be Rs. 1500 per bottle irrespective of size of bottle.

(r)      A penalty of Rs. 2000 per Bottle shall be imposed on the stock of Whisky and Wine of Imported Foreign Liquor (BIO) found short at any licensed premises. In case of beer, a penalty of Rs. 1000 per Bottle shall be imposed.

(s)      L-1BF license shall not be located at a place which is less than five Kilometre from any custom bonded warehouse.

The custom bonded warehouse located in the State of Haryana or outside and intending to supply Imported Foreign Liquor (BIO) shall be required to get themselves registered with the department. Such custom bonded warehouse shall submit his application in the office of Excise and Taxation Commissioner, Haryana for registration in the format prescribed by department along with a registration fee of Rs. 5000/-. Any custom bonded warehouse established in the State and making supply of Imported Foreign Liquor (BIO) within or outside State shall be required to submit monthly information of all receipts and dispatches of liquor (for Haryana and outside) in the manner and format as prescribed by the department. Further, any custom bonded warehouse established outside the State and making supply of Imported Foreign Liquor (BIO) in Haryana shall be required to submit monthly information of such supplies to L-1BF licensees of Haryana in the manner and format as prescribed by the department. In case of non compliance, the supplies from such custom bonded warehouse shall be stopped All consignments of liquor issued from custom bonded warehouse and moving through or within the State of Haryana shall be accompanied with a copy of permit, pass issued by Custom Authority and a declaration to be prescribed by the Commissioner.

(t)       The outgoing licensee of L-1BF for the year 2021-2022 may transfer quota of unsold stock of imported foreign liquor as on 11-06-2021 to any of incoming licensees for the year 2022-2023. A transfer fee shall also be levied @ Rs. 75 per proof litre for whisky, Scotch, Rum, Vodka, Gin and Brandy etc. and Rs. 75 per Bulk litre for wine and Rs. 50 per Bulk litre for Beer. In addition, the licensee shall also be required to pay differential amount of assessment fee, if any.

(u)     The L-1BF licensee shall be entitled to make supplies to L-1 licensees throughout the State. The L-1 licensee will further make supplies to L-2BF licensees. The L-1BF licensees shall also be permitted to make supplies to bar licensees throughout the State.";

(xv) for clause (i-eeeee), the following clause shall be substituted, namely: -

" (i-eeeee) for a license in form L-2BF. -

(a)      The L-2BF license shall be granted mandatorily to certain earmarked retail outlets of Indian Made Foreign Liquor (L-2), in accordance with the potential of the vend for sale of Imported Foreign Liquor (BIO). The licence fee for mandatory L-2BF licenses shall not be charged separately, it shall be considered as included in the licence fee of retail zone itself. Each such L-2BF shall be granted a minimum quota of Imported Foreign Liquor (BIO) and it will be displayed in the excise arrangement. Retail outlets of Indian Made Foreign Liquor (L-2) of the State, other than those which are earmarked in the excise arrangement, may also obtain the license in the form L-2BF at licence fee in multiple of Rs. 2 Lakh for minimum quota of 1000 cases each.

(b)      The provisions of lifting of quota and penalty for non-lifting of quota in case of retail outlets of L-2 and L-14 A shall apply mutatis mutandis to these L-2BF licensees. However, the penalty for short-lifting would be Rs.2000 per case.

(c)      L-2BF licensees shall be entitled to additional quota as per requirement without any additional fee. The quota of Imported Foreign Liquor (BIO) shall be separate from quota of IMFL.

(d)      L-2BF licensees shall procure their supplies from any L-1 of the district.";

(xvi) for clause (i-g), the following clause shall be substituted, namely :-

Provided that in case the distillery/bottling plant/brewery, bottling a particular brand already registered with the Department, wants to register the same brand label from an additional source situated outside the State, it shall only be allowed by Excise and Taxation Commissioner, for a specified period, if he is satisfied that there is a shortage of supply of that particular brand in the State Market. Additional label fee shall be payable for each additional label in case liquor is obtained from more than one source. Any violation in time frame thus specified by Excise and Taxation Commissioner shall attract a penalty of Rs. 5.00 lakh for first offence, Rs. 15.00 lakh for second and third offence and cancellation of brand label & license of such brand owner for subsequent offence.";

(xvii) after clause (i-g), the following clause shall be inserted, namely :-

"(i-h) fee for a license in form L-lW Rs. 25,000/-".

Rule - 3.

In the said rules, in rule 27-A,-

(i)       in sub-rule (1), for clauses (iii), (iv) and (v), the following clauses shall be substituted, namely:-

"(iii) The fee for license in form L-10B obtained by the Rs. 25,00,000 nearest L-2 licensee located in shopping malls:

Provided that the L-10B licensees shall be allowed to procure Imported Foreign Liquor (BIO) from any of the L-1BF licensee of the State or any L-1 Licensee in the district. The L-10B licensee shall be entitled to lift an additional quota upto 10% of Imported Foreign Liquor basic quota of his zone without payment of any additional assessment fee. Such additional quota shall be over and above the additional quota already prescribed, if any.

(iv) the fee for license in form L-10C shall be as under:-

Provided that L-10C license shall be granted for retail sale of beer to be manufactured by a Microbrewery. This license shall be granted to the holders of L-4/L-5 license.

Provided further that a security of Rs. 2,00,000 shall be taken from the L-10C licensees in addition to the license fee.";

(v) the fee for license in form L-10E shall be as under:-

Provided that L-10E licenses shall be granted to those Restaurants of repute only. L-10E licenses shall also be granted in Industrial Model Townships, Manesar. In order to promote tourism/adventure sports tourism in the State, the case for grant of a bar license in form L-10E to any reputed hotel, resort and restaurant etc., having good infrastructure and facilities, but located beyond geographical restriction as mentioned in relevant clauses of the Excise policy, shall be considered by the Government. All such cases shall be sent by the Excise and Taxation Commissioner with his recommendation to Government for approval.
The L-10E bar licensee can remain open up to 02.00 A.M. in the State. The timings of bars may be further extended upto 08:00 A.M on payment of additional annual fee of Rs.20 Lakh per annum.

The L-10E licensees shall be allowed to procure Imported Foreign Liquor (BIO) from any of the nearest two different L-2BF licensees as per choice subject to the payment of assessment fee and permit fee. In case of non-availability of any BIO brands, the Deputy Excise and Taxation Commissioner (Excise) shall allow/ensure the bar licensees to procure such BIO brands from any L-1BF licensee in the State after obtaining non-availability certificate from the nearest two L-2BF licensees. The rates of assessment fee and permit fee for the bar licensees shall be as under:-:

A pub licensee shall be entitled for facilities like additional points, open space, terrace, balcony etc. similar to L-4/L-5 license:

 

Provided that a security of Rs. 3,00,000 shall be taken from the L-10E licensees in addition to the license fee.".

Rule - 4.

In the said rules, in rule 31-A, for the figure "375", the figure "385" shall be substituted.

Rule - 5.

In the said rules, in rule 36-A-,

(i)       for sub-rule (1) and (2), the following sub-rule shall be substituted, namely:-

"(1) The allotment of vends in rural and urban areas shall be grouped into three types of Zones, namely urban zones, rural zones and mixed zones. The Command area of a rural zone shall be the geographical area specified for the Zone in the Excise Arrangements. The Deputy Excise and Taxation Commissioner (Excise) will be the competent authority to determine such command area as part of the Excise arrangement. Likewise, in case of mixed zone, the command area shall be the geographical area specified in the excise arrangement for only rural vend of the mixed zone. The location of vends in urban areas will be fixed. In exceptional circumstances, the Excise Commissioner can change the location of vend after passing detailed order. The licensee shall have freedom, in the rural areas, to locate his vend(s) at any place within the command area of the Zone, subject to approval of the Deputy Excise and Taxation Commissioner (Excise).

The retail licences (L-2 and L-14A) shall be allotted for a period of one year i.e. from 12.06.2022 to 11.06.2023 referred hereinafter as policy year or policy year 2022-23. The policy period shall be divided into four quarters and Each quarter shall be further divided into 3 months, as under:-

The licensee shall make his own arrangement for opening of the vend(s) and sub-vend(s), with prior approval of site plan by the Deputy Excise and Taxation Commissioner (Excise) of the district.

The Deputy Excise and Taxation Commissioner (Excise) shall upload the Geographic Information System coordinates of all L-2, L-14A vends, sub-vends and Tavern located in his district on the web portal of the Department:

Provided that if in any case the main vend has to be closed down due to any reason, the licensee shall shift that vend into the command area of that zone with the prior approval of the Deputy Excise and Taxation Commissioner (Excise) of that district.

The allotment of retail outlets of Country liquor and Indian Made Foreign Liquor shall be done in units of Zones. A Zone shall comprise of a maximum of four vends which shall be displayed in the excise arrangement. The zones shall be categorized as under:-

(i)       Urban Zones having upto 04 retail vends, all located in urban areas with prefixed locations;

(ii)      Rural Zones having upto 04 retail vends, all located in rural areas, with flexibility to the licensee to decide the location of these vends anywhere in his command area,

(iii)     Mixed Zones having upto 04 retail vends, with such number of vend(s) with prefixed location in urban areas as fixed in the excise arrangement and remaining vend(s) in rural area (with flexibility to the licensee to decide the location of such vend(s) anywhere in his command area) in proximity to the location of urban vend(s) of such zone.

The establishment of vends shall be subject to the compliance of other provisions of the policy.

The process of allotment shall be conducted by a committee headed by the Deputy Commissioner with Deputy Excise and Taxation Commissioner (Excise), Deputy Excise and Taxation Commissioner (Sales Tax) of the respective district as its members, in the presence of the participants who wish to be present on the date of evaluation of e-bids to be published by the department in the newspapers. The allotment of Zone of vends shall be done by way of inviting e-bids.

After preparing the Excise Arrangement the Deputy Excise and Taxation Commissioner(Excise) of the district shall display the same in his office, office of the Deputy Commissioner of the district, office of Deputy Excise and Taxation Commissioner (Sales Tax) of the district as well as office of the Joint Excise and Taxation Commissioner (Range) concerned and on the departmental website www.haryanatax.gov.in and shall invite the objections from the public/stakeholders for two days after the display and shall decide these objections if any within two days. The decision of the concerned Dy.

Excise and Taxation Commissioner (Excise) of the district shall be final:

Provided that allotment of un-allotted zones of vends, the process of inviting tenders shall be continued by successively reducing the reserve price in the following manner:-

(i)       In the slabs of maximum upto 5% of the original reserve price in case reserve price of the zone is less than Rs. 5.00 crore,

(ii)      In the slabs of maximum upto 3% of the original reserve price in case reserve price of the Zone is more than Rs.5.00 crore till these are allotted or up to 4th July, 2022, or the next working day in case 4th July, 2022 happens to be a holiday, whichever is earlier.

The quota of zone in such case shall be reduced. The Excise and Taxation Commissioner (Financial Commissioner) shall be the final authority to fix quota.

However, the minimum reduction in quota shall be commensurate to the number of days lapsed before allotment of zone:

Provided further that in case of cancellation of a license, the process of re-allotment shall be initiated by inviting e-bids through advertisement immediately. The reserve price for re-allotment shall be computed proportionately for the remaining period for which the Zone of vends is to be re-allotted using the original license fee. In case no bid is received, the reserve price shall be further reduced by maximum upto 10 % of the above mentioned original reserve price, as Excise and Taxation Commissioner (Financial Commissioner) may deem fit for this purpose and the process of inviting ebids shall be repeated till the Zone of vends is re-allotted. This re-allotment shall be done at the risk and cost of original licensee.";

"(2) The allotment of retail zones of Country Liquor (L-14A) and Indian Made Foreign Liquor (L-2) vends shall be made by inviting e-tenders through a departmental portal in a completely secure and transparent manner. The detailed procedure for e-tendering shall be finalized by the Excise and Taxation Commissioner which shall be displayed by uploading the same on the website of the Department www.haryanatax.gov.in.

All allotments of licenses are subject to the approval of the Excise & Taxation Commissioner (Financial Commissioner). The Excise and Taxation Commissioner (Financial Commissioner) may reject, without assigning any reason, any allotment in public interest as the case may be, within 10 days of the date of allotment. In case no decision of Excise and Taxation Commissioner (Financial Commissioner) is conveyed within the stipulated period of ten days, the allotment shall be deemed to have been approved by the Excise and Taxation Commissioner (Financial Commissioner).

All licences, whether for wholesale or for retail sale, shall be granted subject to the provisions of the Haryana Excise Act, 1914 and the Rules/ Regulations/ Instructions/Policies framed there under from time to time as applicable to the State of Haryana.";

(ii) for sub-rule (4) and (5), the following sub-rule shall be substituted, namely:-

"(4) Each bidder shall have to furnish the earnest money alongwith his bids. The Earnest Money shall be payable in the form of bank drafts only. The bank drafts shall be payable in favour of the Excise and Taxation Commissioner, Haryana, Panchkula. The amount of Earnest Money shall be as under:-

 

"(5) The bidder shall have to deposit a participation fee of Rs. 2,50,000/- for each Zone. The participation fee is non-refundable and non- adjustable. The participation fee shall be deposited through case or demand draft in the Office of Deputy Excise and Taxation Commissioner (Excise) of the district of his registration. In case of cash, a duly signed receipt shall be issued by the office of Deputy Excise and Taxation Commissioner (Excise) .".

(iii) for sub-rule (12), the following sub-rule shall be substituted, namely:-

"(12) All successful allottees, before the start of operation of vends in his zone, shall furnish surety of at least two solvent persons in form of a surety bond and shall also be required to file an affidavit and a solvency certificate duly attested by Tehsildar or a bank guarantee of value equal to or more than 10% of the license fee of the zones allotted to him/her. Affidavit shall be on a nonjudicial stamp paper of the value of Rs. 100/- in the format prescribed in the form. The affidavit will be to the effect that he has not been convicted of any non-bailable offence by a criminal court or of any offence punishable under the Haryana Excise Act or the Opium Act, the East Punjab Opium Smoking Act, 1948, the Haryana Molasses (Control) Act, 1948, the Indian Power Alcohol Act, 1948 applicable to Haryana or the Narcotic Drugs and Psychotropic Substances Act, 1985. The affidavit will also be to the effect that he is not a defaulter and has paid all past dues of excise revenue in Haryana. The failure to furnish the affidavit or solvency certificate prescribed herein or furnishing false affidavit shall be sufficient ground for cancellation of license, which shall be reallotted at his cost and risk:

Provided that all successful allottee shall submit certain documents namely proof of identity having his/her photograph like voter ID card, passport, ration card, driving license, Aadhar Card(UID) etc., and a surety bond in the prescribed format. All the documents have to be duly attested by a Notary Public or Gazetted Officer and duly stamped with his name and designation.

The documents shall be submitted before the start of his/her business. The successful allottee shall provide a photocopy of his PAN Card issued by the Income Tax Department along with other documents.";

(iv) for sub-rule (17), the following sub-rule shall be substituted, namely:-

"(17) The licensee to whom a retail liquor outlet of country liquor (L-14A) or Indian Made Foreign Liquor (L-2) is allotted, shall be bound to lift its entire annual quota of Country Liquor or Indian Made Foreign Liquor on quarterly basis from the licensed wholesale outlet of Country Liquor (L-13) and licensed wholesale outlet of Indian Made Foreign Liquor (L-1) located at every district in the State. The lifting of quota shall mean physical lifting of liquor from the licensed wholesale outlet of Country Liquor (L-13) and licensed wholesale outlet of Indian Made Foreign Liquor (L-1). It shall be obligatory for a licensee to lift entire basic quota of Country Liquor and Indian Made Foreign Liquor allocated to his/ her Zone of vends as per the schedule below:-

 

The licensee shall have to lift 100% of the quota allocated to him as per the schedule described above. Failure to lift prescribed quarterly quota shall attract short quota penalty. Further, the licensee shall have to lift the unlifted quota of previous quarter in the next quarter.

Non compliance of the provision regarding lifting of quarterly quota shall attract penalty at the rate of Rs.100/-and Rs.150/-per proof litre of Country Liquor and Indian Made Foreign Liquor respectively for the deficient quantity.";

(v)   for sub-rule (19), the following sub-rule shall be substituted, namely:-

"(19) No person to whom a license for retail liquor outlet is granted shall establish the same on such premises as is situated at a distance of less than 150 meters from the main gate of a recognized school/ college/main bus stand and a place of worship. However, Excise Commissioner can relax such distance for the location of retail liquor outlet from 150 meters to 75 meters on the recommendations of Deputy Excise and Taxation Commissioner (Excise). Further, in urban areas, the retail liquor outlets shall be located in the market places. However, this provision shall not apply in such cases where a new recognized school/college/main bus stand or a place of worship comes up with a distance of 150 meters during the currency of the year subsequent to the establishment of vend in the year 2022-2023.";

(vi) for sub-rule (22), the following sub-rule shall be substituted, namely:-

"(22) The Excise and Taxation Department shall facilitate setting up liquor vends having high revenue potential in Haryana Sahari Vikash Pradhikarn, Gurugram Metropolitan Development Authority, Haryana State Infrastructure and Industrial Development Corporation area and land of Haryana Tourism Corporation/Urban and Rural Local Bodies, wherever possible. However, the rent thereof, shall be paid by the licensees directly to such Department/Corporation. The Deputy Excise and Taxation Commissioner(Excise) shall ensure the payment of rent and will send a report to Excise and Taxation Commissioner on monthly basis. However, in case of Haryana Tourism Complexes, only L-2 vends will be allowed. No Tavern will be allowed with the L-2 vends in the tourist complexes.";
(vii) for sub-rule (24) to (27), the following sub-rule shall be substituted, namely:-

"(24) The licensee shall convert one or more of his composite vends to Avant-Garde Outlet(s) in posh market or shopping mall of the urban area, where he intends to sell Indian Made Foreign Liquor only.
For this purpose, some of the retail outlets in the posh markets or Shopping Malls of the Urban Areas shall be identified to be allotted as Avant-Garde Outlets. The Avant-Garde Outlets shall be identified by the department, keeping in view the clientele and potential of the area. The Avant-Garde Outlets shall have a separate section for Indian Foreign Liquor (BIO). The Avant-Garde Outlets shall be entitled to lift an additional quota up to 5% of such vends basic quota without any levy of additional excise duty i.e. at the rate of excise duty as applicable to basic quota. For the purpose of this clause, the basic quota of such vend shall be worked out by dividing the basic quota of zone with the number of vends in the zone:
Provided that the provision of machine generated invoices (POS) shall be mandatory for all the retail licensees on demand to issue an invoice on sale. Separate POS Machines for IMFL and CL shall be installed at sale counter of all the retail vends. Further, the licensee shall be required to adopt the integrated solution of POS prescribed by department. This provision shall also be applicable to bar licensees such as L-4/L-5, L-12C, L-12G, L-10E etc.

In case of violation of this provision, a penalty of Rs. 5000 per incident shall be imposed on the licensee, after enquiry by the Deputy Excise & Taxation Commissioner (Excise) concerned. In case of repeated violations, the license shall be cancelled. It is provided further that if any retail Licensee in urban areas having license fee of his zone; (a) equal to or above Rs. 15 crore in case of Gurugram and Faridabad; (b) equal to or above Rs. 5 crore in case of remaining districts, wants to convert his vend into a Avant-Garde Outlet after allotment of vends, he may be allowed to do so with the approval of the Department. Such applications may be examined and considered for approval by a committee comprising of the Deputy Excise and Taxation Commissioner (Excise), Deputy Excise and Taxation Commissioner (Sales Tax) and two senior most Excise and Taxation Officers of the district.";

(25) Every successful allottee of retail Zone of vends shall be required to deposit a security amount equal to 20% of the annual license fee of the Zone of vends, out of which, 5% of the license fee shall be deposited on the day of submitting renewal application or evaluation of e-bids, as the case may be;

5% of the license fee within seven days of the allotment or on or before 11th June, 2022 whichever is earlier; and the remaining security equal to 10% of the license fee shall be deposited by 18th of June, 2022.

In case of bids that exceed the reserve price by more than 25%, the bidder shall have to deposite an amount equal to 15% of his bid amount in addition to the amount applicable as per Earnest money deposite slabs. In case of successful bid, 15% of his bid money shall be deducted by the system and shall be deposited as 15% security.

The eighty three Percentage (83%) of his bid money/license fee shall be payable by him in monthly installments each payable by last working day of each calendar month starting from the month of June, 2022 and every subsequent month. The payment shall continue till full amount of 83% is paid by the licensee by way of monthly installments. A part of his security, equal to 17% of his bid money/license fee, shall be adjusted towards his license fee after the payment of installments amounting to 83% of his bid money/license fee. The adjustment shall be made over a period of last two months in two equal installments; each equal to 8.5 % of his bid money/license fee.

(26) The balance security equal to 3% of his bid money/ license fee shall be refunded after adjusting any amount found outstanding or unpaid towards him by the end of July, 2023. This amount shall be refunded by the Deputy Excise and Taxation Commissioner (Excise) of the District. No interest of any kind shall be payable on the security amount. The schedule of installments shall be as under:-

 

If an allottee/ licensee fails to make the full payment of security in the prescribed time, his license shall be cancelled automatically and security deposited, if any, shall be forfeited. In case of failure to adhere to the prescribed time for payment of any of the ten installments, interests on late payment shall be charged from the first day of the month of default till the date of payment @ 18% per annum.

In case any vend or vends of any zone are closed or are subsequently closed on account of falling under Covid Containment Zone, its license fee and quota shall be proportionately waived off in proportion of days of closure. For the purpose of computation of proportionate license fee and quota of a closed vend to be waived off, the license fee and quota of a zone shall be equally divided amongst all the main vends in such zone;

(27) In case of Zone of vends which are allotted/re-allotted during the currency of the financial year, the security equal to 10% of bid money shall be deposited on the day of allotment and remaining security equal to 10% of bid money shall be deposited within ten days of the date of allotment. The Zone of vends shall come into operation from the day following the date of allotment/re-allotment. The license fee for the month in which the allotment/re-allotment is made shall be payable by the end of the month, in proportion to the remaining days of that month. The remaining amount out of 83% of the license fee shall be payable upto 31.03.2023 in equal monthly installments. Thereafter, his security shall be adjusted as in case of other allotments.

In case the allotment or re-allotment takes place after February, 2023, the Excise and Taxation Commissioner (Financial Commissioner) shall decide the schedule for payment of license fee and lifting of quota in such manner, as he may deem fit.

The date of payment for the month of allotment/re-allotment shall be last working day of the calendar month.".

 

Rule - 6.

In the said rules, rule 36B shall be omitted.

Rule - 7.

In the said rules, in rule 37-,

(i)           for sub-rule (8), the following sub-rule shall be substituted, namely:-

"(8) No licensee can at any time advertise the sale of liquor by announcing it on loudspeakers or by any other means. All signages and advertisements of the availability of liquor shall be prohibited.

The retail licensees shall maintain cleanliness and hygiene in and around the shop. Adequate number of dustbins shall be put up inside and outside the vend and Tavern. Proper lighting shall be ensured at the night time. The name of the licensee and year for which license is granted shall be displayed on a board of suitable size on the face of the vend by a retail licensee subject to fulfillment of all other statutory norms and instructions. Moreover, a signboard shall also be put up containing the following details:
DO NOT DRINK AND DRIVE

Further, the licensee shall also display the sale price of various brands.";

(ii)      for sub-rule (10), the following sub-rule shall be substituted, namely:-

"(10) Every licensee shall have to keep its vend closed on Republic Day (26th January) up to 5:00 P.M, Independence Day (15th August) up to 5:00 P.M, Mahatma Gandhis Birthday (2nd October) full day. In the area within the concerned constituency and in the adjoining areas within 3 kilometres of the constituency in the State of Haryana or in the adjoining States for the period of two days before polling days, the polling days, the day after the poll, the days before the counting day(s), the counting day(s), the day immediately thereafter where polling is held for the State Assembly or Parliament as per the directions of the Election Commission of India and elections to Panchayati Raj Institutions/ Urban Local Bodies in Haryana, the liquor shops shall be required to remain closed in the area of election. No compensation of any kind or relief in license fee on such account shall be given and in case of breach of this rule, in addition to the penal proceedings, the licensed vend shall be automatically sealed for seven days commencing from the next day of the dry day by Deputy Excise and Taxation Commissioner (Excise) under intimation to the Excise and Taxation Commissioner and Excise Collector.";

(iii)     In sub-rule (11), for clause (a), the following clause shall be substituted, namely:-

"(a) License in Form L-2, L-10, L-10A, L-14 and L-14A:-

In Rural Areas

Sale Hours are 8.00 A.M. to 11.00 P.M. (Night) from April to October and from 8.00 A.M. to 10.00 P.M. from November to March.

In Urban Areas

From 8.00 A.M. to 12.00 (Mid-night) throughout the year.

Any urban vend which intends to operate beyond the stipulated time, may be allowed on payment of following additional licence fee:-

 

Provided that in case of outbreak due to corona virus, all the excise licensees shall comply with the directions given with regard to working hours/ time schedule for opening and closing of liquor vends/establishments etc. announced by the Ministry of Home Affairs, Government of India, State Disaster Management Authority, Haryana and any other competent authority from time to time to contain the spread of Covid-19 and no compensation of any type whatsoever in licence fee, quota etc. will be given to the licensees on account of reduction in working hours.

(iv)    In sub-rule (32), for clause (iv), the following clause shall be substituted, namely:-

"(iv) The stock transfer fee shall be levied at the rate Rs. 8.00 per proof litre for country liquor, Rs. 14 per proof liter for all brands of Indian Made Foreign Liquor and Rs. 12 per bulk litre for beer.

Provided that inter-district transfer of left over stock of the licensee of the pervious year to a current licensee shall be allowed only in case of wholesalers, after approval of the Collector (Excise).

The stock transfer fee in such cases shall be Rs. 10.00 per proof litre for country liquor, Rs. 16.00 per proof litre for all brands of Indian Made Foreign Liquor and Rs. 13.00 per bulk litre for beer.

Provides further that stock surrendered due to determination of wholesale license during the currency of the year shall also be allowed to be transferred to another licensee of the same district or to another licensee of some other district by the Collector (Excise). The stock transfer fee in such cases shall be Rs. 9.00 per proof litre for country liquor, Rs. 15.00 per proof litre for all brands of Indian Made Foreign Liqour and Rs. 12.00 per bulk litre for beer.

Note: Where the rate of excise duty in the Excise Policy for the year 2022-23 have been increased in case of any type of liquor over the rates of excise duty for the years 2021-22, the differential excise duty on the unsold stock as on 12.06.2022 shall be payable, in addition to the stock transfer fee, if any.".

 

Rule - 8.

In the said rules, in rule 38, in sub rule (16A),-

(i)       for clause (a), the following clause shall be substituted, namely :-

"(a) The rural vend/sub-vend of a zone shall also have to maintain a minimum distance of 2.0 K.Ms from any urban vend belonging to a different licensee.

Provided that the Deputy Excise and Taxation Commissioner (Excise) shall be the competent authority to resolve the conflicts and ensure the compliance of the provisions for the zones situated within his district. The Collector (Excise) shall be the competent authority to resolve the conflicts and ensure the compliance of the above provisions for zones falling under different districts.

The sub-vend shall also be subject to all other provisions of law. The vend/sub-vend is required to be preferably located on the phirni but outside the Lal Dora of the Village. All the provisions with regard to location of vends shall apply to the sub-vends also.";

(ii)      for clause (g), the following clause shall be substituted, namely:-

"(g) (a) For opening a sub-vend, the licensee shall have to obtain a license in form L-14A, L-2/SV. Sub-vend shall be allowed within the command area of the Zone, subject to the prior approval of Deputy Excise and Taxation Commissioner (Excise). The fee per Sub-vend shall be as follows:-

For sub-vends in rural areas, the provisions shall be applied as per para (b), (c) and (d) mentioned below.

(b) One sub-vend shall be allowed for each Gram Panchayat with a population upto 4000 (as per 2011 census).

(c) Maximum number of two sub-vends shall be allowed in a Gram Panchayat, if the population of such Gram Panchayat is more than 4000 and less than 8000 (as per 2011 census).

(d) Maximum number of three sub-vends shall be allowed in a Gram Panchayat, if the population of such Gram Panchayat is more than 8000 (as per 2011 census).
It is further clarified that the number of sub-vends in a particular village is allowed irrespective of count of main vend(s) in that particular village.".