Loading...

Haryana Liquor License (Amendment) Rules, 2023

Haryana Liquor License (Amendment) Rules, 2023

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
outside                   State within India

 

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
Proof Litre

 

¹7.50/- per
Proof Litre

 

Nil




 

(d)

 

For bottling of beer by the brewers

 

¹11.00/- per
Bulk Litre

 

¹1.00/- per
Bulk Litre

 

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
policy year 2022-23 (i.e. from 12-06-2022 to 11-06-2023), is equal to or less than 25 Lakh Proof Litre

 

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.
from 12-06-2022 to 11-06-2023), is more than 50 Lakh Proof Litre & less than or equal to 100 Lakh Proof Litre.

 

¹110,00,000;




 

4.

 

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 100 Lakh Proof Litre.

 

¹150,00,000;




 

As soon as the sale of L-1AB 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.;

(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
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.

 

¹ 50,00,000;




 

2.

 

In case the annual sale from L-1AB1, in the policy year 2022-23
(i.e. from 12-06-2022 to 11-06-2023), is more than 50 Lakh Bulk Litre and less than or equal to 100 Lakh Bulk Litre .

 

¹100,00,000;




 

3.

 

In case the annual sale from L-1AB1, in the policy year 2022-23
(i.e. from 12-06-2022 to 11-06-2023), is more than 100 Lakh Bulk Litre.

 

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
licence fee as applicable in next higher category.;

(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
to or less than 25 Lakh Proof Litre

 

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
& less than or equal to 50 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
& less than or equal to 100 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
Litre & less than or equal to 250 Lakh Proof Litre.

 

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
Litre.

 

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
licence fee as applicable in next higher category.

(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.".

-->

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
outside                   State within India

 

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
Proof Litre

 

¹7.50/- per
Proof Litre

 

Nil




 

(d)

 

For bottling of beer by the brewers

 

¹11.00/- per
Bulk Litre

 

¹1.00/- per
Bulk Litre

 

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
policy year 2022-23 (i.e. from 12-06-2022 to 11-06-2023), is equal to or less than 25 Lakh Proof Litre

 

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.
from 12-06-2022 to 11-06-2023), is more than 50 Lakh Proof Litre & less than or equal to 100 Lakh Proof Litre.

 

¹110,00,000;




 

4.

 

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 100 Lakh Proof Litre.

 

¹150,00,000;




 

As soon as the sale of L-1AB 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.;

(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
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.

 

¹ 50,00,000;




 

2.

 

In case the annual sale from L-1AB1, in the policy year 2022-23
(i.e. from 12-06-2022 to 11-06-2023), is more than 50 Lakh Bulk Litre and less than or equal to 100 Lakh Bulk Litre .

 

¹100,00,000;




 

3.

 

In case the annual sale from L-1AB1, in the policy year 2022-23
(i.e. from 12-06-2022 to 11-06-2023), is more than 100 Lakh Bulk Litre.

 

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
licence fee as applicable in next higher category.;

(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
to or less than 25 Lakh Proof Litre

 

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
& less than or equal to 50 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
& less than or equal to 100 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
Litre & less than or equal to 250 Lakh Proof Litre.

 

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
Litre.

 

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
licence fee as applicable in next higher category.

(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.".