Haryana
Liquor License (Amendment) Rules, 2023
[09th June 2023]
In
exercise of the powers conferred under section 59 of the Haryana Excise Act,
1914 (Punjab Act 1 of 1914) and with reference to the Haryana Government,
Excise and Taxation Department, notification No.55/X-1/P.A.1/1914/S.9/2022,
dated the 6th September, 2022, I, Ashok Kumar Meena, 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, 2023.
(2)
They shall come
into force with effect from the 12th day of June, 2023.
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. 1.65 crore in
case the annual quota of IMFL in an excise district is less than or equal to 10
lakh Proof Litre.
(b)
Rs. 2.00 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. 2.25 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. 3.00 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 also 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 15,000 Proof Litre and upto 30,000 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 30,000 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 25,00,000 of 5 Star grading and above:
Provided
that L-4/L-5 licenses may also be granted to hotels and restaurants 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, Information Technology Park Manesar, Information Technology
Park, Panchkula etc. L-4/L-5 licenses may also be granted to the reputed
restaurants in the industrial towns Dharuhera and Bahadurgarh and reputed
hotels and 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. 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: 20,00,000
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 3 star and above from the Ministry of Tourism,
Government of India within one year of grant of such license, 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,-
|
Serial number |
Name of District |
License fee
|
|
1. |
Gurugram |
¹ 18,00,000
|
|
2. |
Faridabad,
Panchkula and Sonepat |
¹ 14,00,000
|
|
3. |
All other
Districts |
¹ 10,00,000
|
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. 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, may 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 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:-
|
Type
of
Imported Foreign Liquor |
Assessment fee |
Permit fee
|
|
Whisky |
¹55 per
Proof litre |
¹25 per Proof litre
|
|
Wine |
¹45 per
Bulk litre |
¹25 per Bulk litre
|
|
Beer |
¹35 per
Bulk litre |
¹10 per Bulk litre
|
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)
For a license in form L-4/5, for clause (a), (b), (c), (d)
and (e),the following clauses shall be substituted, namely:-
(a)
for
district Gurugram Rs.16,00,000/-
(b)
for
district Faridabad, Panchkula and Sonepat Rs.12,00,000/-
(c)
for
all other districts in the State except Gurugram, Faridabad, Panchkula and
Sonepat Rs.8,00,000/-
(d)
for
Bar(s) operated by Haryana A composite fee of Tourism Corporation in all
districts 1,50,00,000/-
(e)
Bars
operated by Haryana Shahri A composite fee of Vikash Pradhikaran in their
Gymkhana and Golf Clubs in all districts: 1,50,00,000/-
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 if 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 or sale
of unaccounted liquor or sale of liquor without holograms/EALs, his license
shall be cancelled forthwith and or the security amount shall be forfeited.
Such licensee and premises may 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 may 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-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: -
|
|
|
For
supply within State |
For
supply |
Export India out of
|
|
(a) |
For D-2
licenses bottling their own brands |
¹14.00/-per Proof Litre |
¹4.50/-per Proof Litre |
Nil
|
|
(b) |
For
bottling plants bottling their own brands |
¹18.00/-per Proof Litre |
¹7.00/-per Proof Litre |
Nil
|
|
(c) |
For
bottling of brands not covered in (a) and (b) above and where no franchise
fee is levied |
¹22.00/- per |
¹7.50/- per |
Nil
|
|
(d) |
For
bottling of beer by the brewers |
¹11.00/- per |
¹1.00/- per |
Nil
|
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.";
(iv)
in clause (iv), for the existing proviso at the end, the
following proviso shall be substituted, namely :-
"Provided
that a temporary license in form L-12A shall be granted by the Deputy Excise
and Taxation Commissioner (Excise) concerned to an individual for serving
liquor during a day beyond possession limit. An online application for the
grant of license L-12A shall be made for the following places for hosting any
personal function, get-together or marriage function etc:-
(i)
for
serving liquor in banquet Halls, Hotels, Clubs, Restaurant, Farm Houses,
Community Centres, Public Parks/Places of Haryana Sahari Vikash Pradhikarn and
dharamshalas.
(ii)
for
licensed Hotels, Restaurant and Clubs for serving liquor outside their licensed
premises on a temporary basis on a specific day.
(iii)
Any
other private place.
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/renewal fee of Banquet Halls and Hotels having Party
Halls/Lawns shall be as under:-
|
Serial No. |
Location of Banquet Hall/Hotel |
Annual Registration fee
|
|
1 |
Within the
limits of Metropolitan Development Authorities like GMDA, FMDA and PMDA etc. |
¹1,00,000
|
|
2 |
Within the
Municipal Corporation limits of Ambala, Hisar, Karnal, Panipat, Rohtak,
Sonepat & Yamunanagar. |
¹50,000
|
|
3 |
Other
Municipal Council/Committee limits |
¹25,000
|
|
4 |
Banquet
Halls/Hotels falling on National/State Highway outside the Municipal limit of
a District (subject to the provision of Excise Policy and Excise rules). |
¹25,000
|
|
5 |
Banquet
Halls falling in Rural Areas (other than those specified in above categories) |
¹10,000
|
The
fee structure for L-12A license shall be as under:-
|
(i) |
For person
serving liquor at commercial venues |
¹5,000/- per day per function
|
|
(ii) |
For
individual serving liquor at a private place beyond the possession limit |
¹1,000/- per day per function :
|
The
temporary license in form L-12A license shall not be granted in the licensed
premises of any Club, Hotel or Restaurant. The application for grant of L-12A
license at all the commercial venues shall also contain the details like name
and GSTIN of caterer, the approximate number of guests and the quantity of
liquor to be served:
Provided
further that in case liquor is served at any Banquet Hall or Hotel etc. without
a valid L-12A License, a penalty of Rs. 50,000/- shall be imposed for first
offence, Rs. 1,00,000/- for second and Rs. 1,50,000/- for third offence against
the Owner/Management/ Authorized Person of such Banquet Hall or Hotel. Further,
in case of subsequent violations, such Banquet Hall or Hotel shall be debarred
for grant of any excise license/permit for a period of one year.".
for
temporary license in form L-12AA.-L-12AA license shall be granted to any person
including event organizers for serving liquor during the events like
entertainment shows, exhibitions, comedy shows, magic shows, mega shows,
celebrity events and other similar events on payment of application fee, as
mentioned below:-
|
No. of persons attending such event |
Application fee per event per day (in ¹)
|
|
Upto 5000 |
¹50,000/-
|
|
5001 to
25000 |
¹2,50,000/-
|
|
25001 or
above |
¹10,00,000/-
|
This
licence may be applied for a maximum period of three days at a time and shall
be granted by Excise and Taxation Commissioner. In addition to application fee,
the applicant shall also be required to deposit in advance Excise Duty,
Assessment Fee, VAT and other Government levies as applicable on such liquor.
The
L-12AA licensee shall pay Assessment Fee on Foreign Liquor and Beer at
following rates:-
|
Liquor Type |
Rate of Assessment Fee
|
|
IMFL/IFL
(BIO) |
¹450 per
Proof Litre
|
|
Beer/RTB/Wine
and any other category |
¹300 per
Bulk Litre
|
The
VAT shall be payable by L-12AA licensees at the rates as applicable to bar
licensees.
(v)
for clause (iv-b), the following clauses shall be
substituted, namely :-
"(iv-b) for a license in form
L-12C,-
|
Category |
Type of license |
District |
Annual License fee |
Additional
points (Count/License fee)
|
|
|
(i) |
L-12 C
granted to |
For
the districts |
¹
20,00,000/- |
As
per provisions
|
|
|
|
a club of repute |
having |
|
applicable
to L-4/
|
|
|
|
|
Metropolitan |
|
L-5
license with 3
|
|
|
|
|
Development |
|
Star
rating
|
|
|
|
|
Authority |
|
|
|
|
|
|
For other
districts |
¹
10,00,000/- |
|
|
|
(ii) |
L-12 C
granted in |
Gurugram |
¹
15,00,000/- |
As
per provisions
|
|
|
|
a
residential |
applicable
to L-4/
|
|||
|
Faridabad |
¹
12,00,000/- |
||||
|
condominium |
L-5
license having
|
||||
|
All other
districts |
¹
8,00,000/- |
||||
|
|
no star
rating.
|
|
Provided
that L-12C licenses may be granted to the Clubs of repute situated anywhere in
the State. L-12C licenses may 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 any army sponspored club like
Sirhind Club, Ambala, the army officials 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. The license fee for such club shall be
Rs. 5 lakh per annum.:
Provided
further that if 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 or sale
of unaccounted liquor or sale of liquor without holograms/EALs, his license
shall be cancelled forthwith and or 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:-
|
Type of Imported Foreign Liquor |
Assessment fee |
Permit fee
|
|
Whisky |
¹55 per Proof litre |
¹25 per Proof litre
|
|
Wine |
¹45 per Bulk litre |
¹25 per Bulk litre
|
|
Beer |
¹35 per Bulk litre |
¹10 per Bulk litre
|
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. Sale of liquor including imported foreign liquor made
through L-12C shall attract VAT @ 18 % + surcharge @ 5% on VAT:
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.";
(vi)
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 30,00,000/-
Up
to 9 holes (with 2 sale points).
(b)
Golf
Club with the capacity 50,00,000/-
Up
to 18 holes (with 3 sale points).
Provided
that license to serve liquor may 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 Club bar licensee shall be allowed to open two
more additional points on payment of a fee equal to Rs. 10 Lakh per additional
point. Sale of liquor including imported foreign liquor made through L-12CC
shall attract VAT @ 18 % + surcharge @ 5% on VAT.
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 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:-:
|
Type of Imported Foreign Liquor |
Assessment fee |
Permit fee
|
|
Whisky |
¹55 per Proof litre |
¹25 per Proof litre
|
|
Wine |
¹45 per Bulk litre |
¹25 per Bulk litre
|
|
Beer |
¹35 per Bulk litre |
¹10 per Bulk litre
|
Provided
further that if 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 or sale
of unaccounted liquor or sale of liquor without holograms/EALs, his license
shall be cancelled forthwith and or 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.";
(vii)
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.
60.00 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.
75.00 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.
100.00 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 shortage in the stock of any L13 godown is found more than
10,000 Proof Litre and upto 20,000 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 shortage in the stock of any L-13 godown is
found more than 20,000 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. A breakage of allowance of 0.5% on Country Liquor including Metro
shall be allowed. The Excise duty levied in respect of the breakage stock shall
not be refunded/adjusted.";
(viii)
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,-
|
1. |
In case of
new License or where the annual sale from L-1AB, in the |
¹40,00,000;
|
|
2. |
In case
the annual sale from L-1AB, in the policy year 2022-23 (i.e. from 12-06-2022
to 11-06-2023), is more than 25 Lakh Proof Litre & less than or equal to
50 Lakh Proof Litre. |
¹60,00,000;
|
|
3. |
In case
the annual sale from L-1AB, in the policy year 2022-23 (i.e. |
¹110,00,000;
|
|
4. |
In case
the annual sale from L-1AB, in the policy year 2022-23 (i.e. |
¹150,00,000;
|
|
As soon as
the sale of L-1AB Licensee in the policy year 2023-24 exceeds higher
threshold, as |
||
(ix)
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,-
|
1. |
In case of
new License or where the annual sale from L-1AB1, in |
¹ 50,00,000;
|
|
2. |
In case
the annual sale from L-1AB1, in the policy year 2022-23 |
¹100,00,000;
|
|
3. |
In case
the annual sale from L-1AB1, in the policy year 2022-23 |
¹150,00,000;
|
|
As soon as
the sale of L-1AB1 Licensee in the policy year 2023-24 exceeds higher
threshold, as prescribed in the above categories, licensee shall be required
to deposit differential amount of |
||
(x)
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,-
|
1. |
In case of
new License or where the annual sale from L-1B, in the policy year 2022-23
(i.e. from 12-06-2022 to 11-06-2023), is equal |
¹30,00,000;
|
|
2. |
In case
the annual sale from L-1B, in the policy year 2022-23 (i.e. from 12-06-2022
to 11-06-2023), is more than 25 Lakh Proof Litre |
¹70,00,000;
|
|
3. |
In case
the annual sale from L-1B, in the policy year 2022-23 (i.e. from 12-06-2022
to 11-06-2023), is more than 50 Lakh Proof Litre |
¹125,00,000;
|
|
4. |
In case
the annual sale from L-1B, in the policy year 2022-23 (i.e. from 12-06-2022
to 11-06-2023), is more than 100 Lakh Proof |
¹175,00,000;
|
|
5. |
In case
the annual sale from L-1B, in the policy year 2022-23 (i.e. from 12-06-2022
to 11-06-2023), is more than 250 Lakh Proof |
¹400,00,000;
|
|
As soon as
the sale of L-1B Licensee in the policy year 2023-24 exceeds higher
threshold, as prescribed in the above categories, licensee shall be required
to deposit differential amount of |
||
(xi)
In clause (i-ee),- for sub-clauses (a) and (b) and entries
thereagainst, the following sub-clauses and entries thereagainst shall be
substituted, namely:-
"(a) for a license in form
L-1B-1 (for beer),-
|
(I) In
case of new License or where the annual sale of Beer by L-1B-1, in the policy
year 2022-23 (i.e. from 12-06-2022 to 11-06-2023), is equal to or less than
50 Lakh Bulk Litre |
¹35,00,000;
|
|
(II) In
case the annual sale of Beer by L-1B-1, in the policy year 2022-23 (i.e. from
12-06-2022 to 11-06-2023), is more than 50 Lakh Bulk Litre. |
¹125,00,000;
|
Provided
that as soon as the sale of Beer by L-1B-1Licensee in the policy year 2023-24
exceeds higher threshold, as prescribed in the above categories, licensee shall
be required to deposit differential amount of licence fee as applicable in next
higher category.
(b) for a license in form L-1B-1
(for wine) Rs. 25,00,000;".
(xii)
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),-
|
1. |
In case of
new License or where the annual sale from L1-B1-A, in the policy year 2022-23
(i.e. from 12-06-2022 to 11-06-2023), is equal to or less than 1 Lakh Bulk
Litre |
¹10,00,000;
|
|
2. |
In case of
new license or where the annual sale from L1-B1-A, in the policy year 2022-23
(i.e. from 12-06-2022 to 11-06-2023), is more than 1 Lakh Bulk Litre &
less than or equal to 4 Lakh Bulk Litre. |
¹20,00,000;
|
|
3. |
In case
the annual sale from L1-B1-A, in the policy year 2022-23 (i.e. from
12-06-2022 to 11-06-2023), is more than 4 Lakh Bulk Litre & less than or
equal to 8 Lakh Bulk Litre. |
¹50,00,000;
|
|
4. |
In case
the annual sale from L1-B1-A, in the policy year 2022-23 (i.e. from
12-06-2022 to 11-06-2023), is more than 8 Lakh Bulk Litre. |
¹100,00,000;
|
|
As soon as
the sale of L1-B1-A Licensee in the policy year 2023-24 exceeds higher
threshold, as prescribed in the above categories, licensee shall be required
to deposit differential amount of licence fee as applicable in next higher
category.; |
||
(xiii)
for clause (i-eeee), the following clause shall be
substituted, namely : -
"(i-eeee) for a license in form
L-1BF. -
(a)
The
annual license fee for L-1BF shall be Rs. 4,00,00,000.
(b)
The
license shall be granted by inviting online applications through departmental
portal.
(c)
In
case, the number of eligible applications received in first round is more than
or equal to sixteen (16), the L-1BF licence shall be granted to all the
eligible applicants. In such a case, the department shall not initiate any
further round(s) for allotment of L-1BFs in the State.
Provided
that in case, the number of eligible applications received in first round is
less than sixteen (16), the department shall initiate more round(s) for
allotment of remaining L-1BF licences. The number of remaining L-1BF licenses
can be calculated by subtracting the count of L-1BF allotted in all previous
round(s) from sixteen (16).
Provided
further that in case, the number of eligible applications in second or any
subsequent round exceeds the remaining number of L-1BF licensees available for
allotment in that particular round, then the grant of such remaining L-1BF
licence(s) shall be made by draw of lots amongst eligible applicants of that
particular round.
(d)
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).
(e)
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. 25,00,000. 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.
(f)
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 from the day of
grant of license or 12th June, 2023 whichever is later.
(g)
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.
(h)
The
earnest money of the applicant shall be forfeited in the following cases:-
(i)
If
he fails to deposit security amount within the prescribed time, or
(ii)
If
any successful applicant fails to furnish documents as he is required to submit
in the office within seven days of the allotment, or
(iii)
In
case the applicant is found to have furnished any false information or forged
documents in his application, or
(iv)
If
he is found guilty of indulging in any malpractice, or
(v)
For
any other reasons as the Excise Commissioner may think fit.
(i)
The
eligible applicant shall have to submit all other documents as are specified in
the public notice, instructions issued from time to time, priovisions of the
Haryana Excise Act, 1914 and the rules framed there under.
(j)
The
applicant shall be treated as licensee once he has deposited his security
amount.
(k)
The
licensee 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 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, 2023, 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, 2024. The first of these
installments shall be paid by the last 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.
(l)
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
policy 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).
(m)
The
assessment fee and permit fee shall be levied as under:-
|
Type
of
Imported Foreign Liquor |
Assessment fee |
Permit fee
|
|
Whisky |
¹75per Proof litre |
¹25 per Proof litre
|
|
Wine |
¹75 per Bulk litre |
¹25 per Bulk litre
|
|
Beer |
¹50 per Bulk litre |
¹10 per Bulk litre
|
(n)
VAT on Imported
Foreign Liquor (BIO) shall be charged at the rate of 3% with surcharge @ 5%.
(o)
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.
(p)
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-2BF, L-4 & L-5, L-12C, L-12G, L-10B,
L-10E 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.
(q)
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.
(r)
L-1BF license
shall not be located at a place which is less than five Kilometre from any
custom bonded warehouse.
Any
person holding a valid Import Export Certificate (IEC) and intending to (a)
import IFL(BIO) directly in a Custom Bonded Warehouse situated in the State; or
(b) receive consignment of IFL(BIO) from any other Custom Bonded Warehouse
outside the State to its own Custom Bonded Warehouse in the State; or (c) send
consignment of IFL(BIO) to any other Custom Bonded Warehouse situated within or
outside the State from its own Custom Bonded Warehouse in the State; or (d)
supply consignment of IFL(BIO) to any L-1BF licensee in the State from its
Custom Bonded Warehouse situated within or outside the State, shall be required
to register such Custom Bonded Warehouse with the department. Such person shall
submit application for registration in the format specified by department along
with a registration fee of Rs. 25,000/-. The application for registration shall
be submitted in the office of Excise and Taxation Commissioner, Haryana in such
manner as may be specified.
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 IFL (BIO) issued from such Custom Bonded Warehouse must be accompanied
with a copy of invoice, permit issued by Custom Authority, pass issued by
Custom Authorities and a declaration to be specified by the Commissioner.
(s)
The outgoing
licensee of L-1BF for the year 2022-2023 can transfer quota of unsold stock of
imported foreign liquor as on 11-06-2023 to any of incoming licensees for the
policy year 2023-2024. A transfer fee shall also be levied @ Rs. 75 per proof
litre for whisky, Scotch, Rum, Vodka, Gin and Brandy etc., @ Rs. 25 per Bulk
Litre for wine and @ Rs. 100 per Bulk litre for Beer. In addition, the licensee
shall also be required to pay differential amount of assessment fee, if any.
(t)
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.
(u)
The licensee
shall install necessary fire-fighting equipment and comply with the norms of
the Haryana Fire and Emergency Services Act, 2022, if applicable, in the
approved premises.
(v)
The wholesale
outlets of IFL(BIO) i.e. L-1BF licensees shall have sufficient number of CCTV
cameras at entry, exit as well as in the premises with online access of live
feed at district office level.
(w)
The
non-compliance of provisions of this rule shall attract penal action as per
law.";
(xiv)
for clause (i-g),
the following clause shall be substituted, namely :-
"(i-g) For a license in form L-l-C Annual fee at
the rates given below against each :-
(I)
Whisky/ Scotch
Rs. 5,00,000 per brand
(II)
Beer Rs. 3,00,000
per brand
(III)
Rum Rs. 2,25,000
per brand
(IV)
Gin/Vodka Rs.
1,25,000 per brand
(V)
Wine/Brandy/Cider/Champagne
Rs. 25,000 per brand
(VI)
Vodka/Brandy/Cider/Wine
and Champagne for supply to CSD Rs. 30,000 per brand
(VII)
Country Liquor
Rs. 5,00,000 per brand
(VIII)
Ready to Drink
Beverages (RTB) Rs. 1,50,000 per brand
(IX)
Brand label fee
for exports out of State:
(a)
For each
particular brand label of Whisky/Scotch/Rum/Gin/Vodka/ Rs. 1,00,000/- for every
subsequent Country liquor/Beer State Rs. 3,00,000/- for 1st State
(b)
For each
particular brand label Wine/Brandy/Cider/Champagne/ Rs. 75,000/- for every
subsequent RTB State Rs. 1,50,000/- for 1st State
(X)
Brand label fee
for export out of India:
(a)
For barands of
liquor Made in Haryana Rs. 11,000/-
(b)
Remaining brands
Rs. 1,00,000/-
(XI)
Any subsequent
change in any of 1/3rd of applicable fees as the approved label during the year
mentioned in this table at serial No. (i) to (x).
Rule - 3.
In the
said rules, in rule 27-A,- in sub-rule (1),-
(i)
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. 11,00,000 Retail licensee
located in shopping malls:
Provided
that the L-10B licensees shall be allowed to procure Imported Foreign Liquor
(BIO) from 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:-
|
District |
License fee
|
|
Gurugram |
¹15,00,000
|
|
Faridabad,
Panchkula and Sonepat |
¹10,00,000
|
|
Other
remaining districts |
¹5,00,000:
|
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:-
|
District |
License fee
|
|
Gurugram,
Faridabad,Panchkula & Sonepat |
¹4,00,000
|
|
Other
districts with Municipal Corporation, Council, Committee |
¹1,50,000:
|
Provided that in
order to promote consumption of low alcoholic content drinks, a license in form
L-10E shall be opened in the cities having Municipal Corporation/Municipal
Council/Municipal Committee.. L-10E licenses may also be granted in Industrial
Model Townships, Manesar. Also, 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:-:
|
Type
of Imported Foreign Liquor |
Assessment fee |
Permit fee
|
|
Whisky |
¹55 per Proof litre |
¹25 per Proof litre
|
|
Wine |
¹45 per Bulk litre |
¹25 per Bulk litre
|
|
Beer |
¹35 per Bulk litre |
¹10 per Bulk litre
|
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.".
(ii)
after clause (v), the following clause shall be inserted,
namely:-
(vi) the fee for license in form
L-10F Rs. 10,00,000
Provided
that L-10F licenses shall be granted to those corporate offices having minimum
covered area of one lakh square feet in a single premises which shall be
self-owned/leased and having atleast 5000 employees. The licensee shall be
allowed for possession and consumption of low alcohol content drinks (i.e. RTB,
Beer, Wine) by their employees on premises. The minimum area of canteen/catery,
where the license in form L-10F shall be granted in such corporate office, must
not be less than two thousand square feet.
The
L-10F 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:-
|
Type of Imported Foreign Liquor |
Assessment fee |
Permit fee
|
|
Whisky |
¹55 per Proof litre |
¹25 per Proof litre
|
|
Wine |
¹45 per Bulk litre |
¹25 per Bulk litre
|
|
Beer |
¹35 per Bulk litre |
¹10 per Bulk litre
|
Further,
the licensed premises shall not be a thoroughfare or connected to any area
frequented by public. A security of Rs. 3 Lakh shall be paid by the L-10F
Licensee in addition to the license fee. Sale of liquor including imported
foreign liquor made through L-10F shall attract VAT @ 18 % + surcharge @ 5% on
VAT.
Rule - 4.
In the
said rules, in rule 36-A-,
(i)
for sub-rules (1)
and (2), the following sub-rules 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 establishing rural
vends/sub-vends in the Zone as per Excise Arrangement. 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 establishing only rural vends/sub-vends therein. The location
of vends in urban areas will be fixed in the Excise arrangment. In rural areas,
the licensee shall have freedom to locate his vend(s) at any place within the
command area of the Zone, subject to other prorivions of excise policy/rules
and approval of the Deputy Excise and Taxtion Commissioner (Excise). However,
in exceptional circumstances, the Excise Commissioner (FC) can change the
location of any urban vend after passing a speaking order.
Similarly,
in case of any rural vend or sub-vend as well, the Excise and Taxation
Commissioner (FC), in exceptional circumstances, can direct to shift location
of such vend/sub-vendn within the command area of the zone.
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
location of all L-2/L-14A vends, sub-vends and tavern located in the district
shall be mapped/geotagged by the Deputy Excise and Taxation Commissioner
(Excise) concerned and shall be uploaded on the web portal of the Department.
The
retail licences (L-2 and L-14A) shall be allotted for a period of one year i.e.
from 12.06.2023 to 11.06.2024 referred hereinafter as policy year or policy
year 2023-24. The policy period shall be divided into four quarters, as under:-
|
Quarter |
Period
|
|
1st |
12.06.2023 to 11.09.2023
|
|
2nd |
12.09.2023 to 11. 12.2023
|
|
3rd |
12.12.2023 to 11.03.2024
|
|
4th |
12.03.2024 to 11.06.2024
|
Each
quarter shall be further divided into 3 months. Each excise month will start
from 12th day of the calendar month and will end on 11th day of subsequent
calendar month.
Provided
that if in any case the main rural 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 two vends which shall
be displayed in the excise arrangement. The zones shall be categorized as
under:-
(i)
Urban
Zones having two retail vends, both located in urban areas with prefixed
locations;
(ii)
Rural
Zones having two retail vends, both 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 two 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
preparation of the Excise arrangement, it shall be displayed in the office of
the Deputy Commissioner of the district, office of the Deputy Excise and
Taxation Commissioner (Excise) 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 objections shall be invited by the Deputy
Excise and Taxation Commissioner (Excise) concerned from the
public/stakeholders for two days after the display of Excise arrangement 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, 2023, or the next working day in case 4th July, 2023 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 e-bids may be repeated till the
Zone of vends is re-allotted. This re-allotment shall be done at the risk and
cost of original licensee. The original licensee/ allottee shall be liable to
make up any deficiency incurred by the State as a consequence thereof. However,
in case a bid higher than the original bid is received, no benefit shall be
given to the original allottee.
"(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 regarding invitation of e-bids shall be finalized by the Excise and
Taxation Commissioner which shall be displayed on the website of the Department
www.haryanatax.gov.in. At the time of applying for registration for
participation in the bid, submission of Aadhar Number and Permanent Account
Number (PAN) of the applicant(s) shall be mandatory.
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-rules (4) and (5), the following sub-rules shall be
substituted, namely:-
"(4) Each bidder shall have to furnish the earnest money along with 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:-
|
Sr. No. |
Reserve Price of Zone |
Earnest Money
|
|
(i) |
Less than
¹3 crore |
¹12 .5lakh
|
|
(ii) |
¹3 crore
and above but less than ¹5 crore |
¹25 lakh
|
|
(iii) |
¹5 crore
and above but less than ¹10 crore |
¹50 lakh
|
|
(vi) |
¹10 crore
and above but less than ¹25 crore |
¹75 lakh
|
|
(v) |
¹25 crore
and above but less than ¹40 crore |
¹100 lakh
|
|
(vi) |
¹40 crore and
above |
¹150 lakh
|
"(5) The bidder shall have to deposit a participation fee of ?1,50,000/-
for each Zone. The participation fee is non-refundable and non- adjustable. The
participation fee shall be deposited through cash 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 (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 in 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:-
|
Quarter |
Month |
Quota in percentage |
||
|
Month-wise quota |
Quarter-wise quota |
Quarter-wise cumulative quota
|
||
|
1st |
12th June,
2023 to 11th July, 2023 |
9% |
26% |
26%
|
|
|
12th July,
2023 to 11th August, 2023 |
8% |
|
|
|
|
12th
August, 2023 to 11th September, 2023 |
9% |
|
|
|
2nd |
12th
September, 2023 to 11th October, 2023 |
7% |
26% |
52%
|
|
|
12th
October, 2023 to 11th November, 2023 |
9% |
|
|
|
|
12th
November, 2023 to 11th December, 2023 |
10% |
|
|
|
3rd |
12th
December, 2023 to 11th January, 2024 |
10% |
27% |
79%
|
|
|
12th
January, 2024 to 11th February, 2024 |
9% |
|
|
|
|
12th
February, 2024 to 11th March, 2024 |
8% |
|
|
|
4th |
12th
March, 2024 to 11th April, 2024 |
7% |
21% |
100%
|
|
|
12th
April, 2024 to 11th May, 2024 |
7% |
|
|
|
|
12th May,
2024 to 11th June, 2024 |
7% |
|
|
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.150/-and Rs.200/-per proof litre of Country Liquor
and Indian Made Foreign Liquor respectively for the deficient quantity.";
(iv)
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.
Provided that in case of Urban retail liquor outlets, the Excise Commissioner
can relax such distance from 150 meters to 75 meters on the recommendation of
the Deputy Excise and Taxation Commissioner (Excise) concerned. Further, in
urban areas, the retail liquor outlets may preferably 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 2023-2024.";
(v)
for sub-rule (21), the following sub-rule shall be
substituted, namely:-
"(21) No compensation of any
kind or relief in licence fee on account of natural calamity such as fire,
floods, drought, earthquake etc. or on account of riots or as a result of
preventive closure ordered by the District Magistrate shall be admissible to
the licensee.";
(vi)
for sub-rule (22), the following sub-rule shall be
substituted, namely:-
"(22) The Excise and Taxation
Department shall facilitate setting up of the liquor vends having high revenue
potential in the sites owned by Haryana Sahari Vikash Pradhikarn, Haryana State
Infrastructure and Industrial Development Corporation, Metropolitan Development
Authorities in the State(like GMDA, FMDA, PMDA etc.), Haryana Tourism
Corporation, Urban and Rural Local Bodies etc. 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.";
(vii)
for sub-rule (24) to (27), the following sub-rule shall be
substituted, namely:-
"(24) The licensee may 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:
The
licensee shall install necessary fire-fighting equipment and comply with the
norms of the Haryana Fire and Emergency Services Act, 2022, if applicable, in
the approved premises.
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. POS Machines
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 violation for
first 10 violations, Rs. 10000 per violation for next 10 violations and Rs.
25000 per violation for next 10 violations shall be imposed on the licensee,
after enquiry by the Excise Officer concerned. In case of any subsequent
violation, the license shall be cancelled with forreiture of security, after
enquiry by the Dy. Excise and Taxation Commissioner (Excise) concerned.
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, 2023 whichever is earlier; and the remaining security equal to 10% of the
license fee shall be deposited by 18th of June, 2023.
In
case of bids that exceed the reserve price by more than 25%, the bidder shall
have to deposit 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 day of each calendar month
starting from the month of June, 2023 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, 2024. 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:-
|
Month |
Installments (in terms of %age license fee)
|
|
June |
8.5
|
|
July |
8.5
|
|
August |
8.5
|
|
September |
8.5
|
|
October |
8.5
|
|
November |
8.5
|
|
December |
9.1
|
|
January |
9.1
|
|
February |
9.1
|
|
March |
4.7
|
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
payable. In case, payment of installment (or part thereof) of any month is made
upto 11th day of succeeding calendar month, a simple interest at the rate of
12% per annuum shall be charged for the days of default on amount of late
payment. However, in case default continues beyond 11th day of succeeding
calendar month, a simple interest at the rate of 18% per annum shall be charged
from the first day of the policy month of default.
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 policy
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
31.03.2024 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, 2024, 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 day of
the month.".
Rule - 5.
In the
said rules, in rule 37,-
(i)
for sub-rule (2),
the following sub-rule shall be substituted, namely:-
"(2) The
licensee shall not carry on any business connected with his license or store
any liquor to be sold or otherwise dealt with under his license except in the
premises specified in his license (hereinafter called the licensed premises).
The Collector only in the exceptional cases, where it is impossible and
impracticable to and store in the licensed presmises large consignment of
liquors, with previous sanction of Excise Commissioner may grant a permit under
sub-section (3) of Section 24 of the Punjab Excise Act, 1914, to store a
quantity of liquor exceeding the limit of retail sale at a place other than the
licensed premises on payment of extra fee of Rs. [5,00,000] per annum. Before
the grant of the permit, the collector shall satisfy himself that the proposed
place is adequately guarded and that there is no means of access to it by the
public. The licensee shall also install necessary fire-fighting equipment and
comply with the norms of the Haryana Fire and Emergency Services Act, 2022, if
applicable.
Further,
the licensee shall install the CCTV Cameras in all the wholesale licensed
premises of L-1/L13/L-1B/L-1-B1/L-1AB/L-1AB1/L-1B1A/L-1BF and the live feed
from these CCTV Cameras shall be made available to the DETC (Excise) of the
district concerned. The CCTV Cameras shall also be installed at all the retail
urban vends and tavern covering the relevant areas including entry, exit and
the billing counters.";
(ii)
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, through social media 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 in Hindi and
English on a board of suitable size on the face of vend as well as sub-vend by
the 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
|
Name of
the Licensee |
|
|
Contact
number of Licensee |
|
|
License
number |
|
|
Type of
outlet (vend/sub-vend) |
|
|
Sub-vend
serial number, if applicable |
|
|
Valid for
year |
|
|
Contact
number of Excise Inspector |
|
|
DETC (Ex)
office contact number |
|
|
Time of
opening and closing of vend |
|
Further,
the licensee shall also display the sale price of various brands.".
Rule - 6.
In the
said rules, in rule 38, in sub rule (16A), 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. Subvend 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:-
|
Population of village |
License fee per sub-vend (in Rupees)
|
|
Upto 1000 |
1.50 Lakh
|
|
1001-10000 |
3.00 Lakh
|
|
10001 and above |
4.50 Lakh
|
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 in a village, if the population of such village
is upto 4000.
(c)
Upto two sub-vends shall be allowed in a village, if the population of such
village is more than 4000 and less than 8000.
(d)
Upto three sub-vends shall be allowed in a village, if the population of such
village is more than 8000.
Note:-
For the purpose of this clause, "Population of Village" means
population of village as per Family Information Data Repository (FIDR) established
under the Haryana Parivar Pehchan Act, 2021 as on date 15.05.2023.
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.".