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UTTAR PRADESH EXCISE (SETTLEMENT OF LICENSES FOR RETAIL SALE OF BHANG) (SECOND AMENDMENT) RULES, 2022

UTTAR PRADESH EXCISE (SETTLEMENT OF LICENSES FOR RETAIL SALE OF BHANG) (SECOND AMENDMENT) RULES, 2022

UTTAR PRADESH EXCISE (SETTLEMENT OF LICENSES FOR RETAIL SALE OF BHANG) (SECOND AMENDMENT) RULES, 2022

PREAMBLE

In exercise of the powers conferred under section 41 of the United Provinces Excise Act, 1910 (U.P. Act No. IV of 1910), read with section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act. no.1 of 1904) the Excise Commissioner, Uttar Pradesh with the previous sanction of the State Government makes the following rules with a view to amending the Uttar Pradesh Excise (Settlement of licenses for Retail Sale of Bhang) Rules, 2019 published vide Excise Commissioner notification no. 26743/X-Licence 185/2018-2019/Prayagraj: January 29, 2019.

Rule - 1. Short title and Commencement.

(1)     These rules may be called the Uttar Pradesh Excise (Settlement of licenses for Retail Sale of Bhang) (Second Amendment) Rules, 2022.

(2)     They shall come into force from the date of their publication in the Gazette.

Rule - 2. Amendment of rule-2.

In the Uttar Pradesh Excise (Settlement of licenses for Retail Sale of Bhang) Rules, 2019, hereinafter referred to as the said rules, for rule 2 set out in Column-I below, the rule as set out in Column-II shall be substituted, namely:-

Column-I

(Existing rule)

     

Column-II

(Rule as hereby substituted )

2. Definitions -In these rules, unless there is anything repugnant in the subject or context-

(a) "Act" means the United Provinces Excise Act, 1910 as amended from time to time;

2. Definitions -In these rules, unless there is anything repugnant in the subject or context-

(a) "Act" means the United Provinces Excise Act, 1910 as amended from time to time;

(b) "Annual minimum guaranteed quantity", means the quantity of bhang (in kilogram) as fixed by the Licensing Authority in accordance with the general or specific instructions issued by the Excise Commissioner and guaranteed by the licensee to be lifted by him for the purpose of retail sale during an Excise Year. However, if any license is granted after the commencement of the excise year then its annual minimum guaranteed quantity shall be reduced proportionately according to the number of days remaining in the excise year;

(b) "Annual minimum guaranteed quantity", means the quantity of bhang (in kilogram) as fixed by the Licensing Authority in accordance with the general or specific instructions issued by the Excise Commissioner and guaranteed by the licensee to be lifted by him for the purpose of retail sale during an Excise Year. However, if any license is granted after the commencement of the excise year then its annual minimum guaranteed quantity shall be reduced proportionately according to the number of days remaining in the excise year;

(c)" Consideration fee" means that part of consideration for the grant of license for the exclusive privilege of retail sale of bhang under section 24 of the Act, payable by the person selected as licensee before lifting of bhang for the whole excise year or part thereof on such rates per kilogram as notified by the Excise Commissioner in consultation with the State Government from time to time: Provided, if settlement is done in mid-session the consideration

(c) "Bhang" means the leaves and small stalks of hemp plant (Cannabis Sativa ), known as bhang;

(d) "Bhang" means the leaves and small stalks of hemp plant (Cannabis Sativa ), known as bhang; 

(d) "Consideration fee" means that part of consideration for the grant of license for the exclusive privilege of retail sale of bhang under section 24 of the Act, payable by the person selected as licensee before lifting of bhang for the whole excise year or part thereof on such rates per kilogram as notified by the Excise Commissioner in consultation with the State Government from time to time;

Provided, if settlement is done in mid-session the consideration fee shall be in proportion to the remainder part of the Excise Year;

(e) "Daily License fee" means 1/365th part of the fixed licence fee of the whole year;

(e) "Daily License fee" means 1/365th part of the fixed licence fee of the whole year;

(f) "Daily Minimum Guarantee quantity" shall be 1/365thpart of annual minimum guaranteed quantity;

(f) "Daily Minimum Guarantee quantity" shall be 1/365thpart of annual minimum guaranteed quantity;

(g) "Excise year" means the financial year commencing from 1st April to 31st March of the next calendar year;

(g) "Excise year" means the financial year commencing from 1st April to 31st March of the next calendar year;

(h) "Family" means and includes spouse (husband or wife), dependent son(s), unmarried daughter (s) and dependent parents;

(h) "Earnest money" means the amount equal to 1/10thpart of license fee, to be tendered with application form, for ensuring the fulfillment of the eligibility conditions for the grant of license and is liable to be forfeited in case of default under provisions of rule-12 of these rules;

(i) "Form" means the form, appended to these rules;

(i) "Family" means and includes spouse (husband or wife), dependent son(s), unmarried daughter (s) and dependent parents;

(j) "Licensing authority", means the Collector of the District;

(j) "Form" means the form, appended to these rules;

(k) "License Fee" means the consideration fee leviable for grant of license for exclusive privilege of retail sale of Bhang under section 24 of the Act, payable by the licensee before license is granted, in addition to consideration fee, for the whole excise year or part thereof on such rates as notified by the Excise Commissioner in consultation with the State Government from time to time;

(k) "Hierarchy" means the earnest money of shops in the descending order purported to be the basis for the selection of licensee through the process of e-lottery;

(l) "Monthly installment of consideration fee" means 1/12thpart of the annual consideration fee fixed by the licensing authority, which shall be payable every month;

(l) 'Individual' means a person who is the citizen of India not below the age of twenty-one years at the time of making application;

(m) "Monthly minimum guaranteed quantity":-

Annual minimum guaranteed quantity shall be divided in 12 equal parts. Quantity obtained as a result of these calculations shall be deemed to be monthly minimum guaranteed quantity;

(m) "Licensing authority", means the Collector of the District;

(n) "Security amount" means 1/6th part of sum of annual consideration fee and the license fee, which shall be payable in the form of Fixed Deposit Receipt pledged in favour of District Excise Officer or through e-payment refundable after the final settlement of all the claims and dues to the State Government;

Provided in case of renewal security deposited prior in cash or through national saving certificate (N.S.C) shall be acceptable till it is not refunded .

(n) "License Fee" means the consideration fee leviable for grant of license for exclusive privilege of retail sale of Bhang under section 24 of the Act, payable by the licensee before license is granted, in addition to consideration fee, for the whole excise year or part thereof on such rates as notified by the Excise Commissioner in consultation with the State Government from time to time;

(o) "Earnest money" means the amount equal to 1/10thpart of license fee, to be tendered with application form, for ensuring the fulfillment of the eligibility conditions for the grant of license and is liable to be forfeited in case of default under provisions of rule-12 of these rules;

(o) "Monthly installment of consideration fee" means 1/12thpart of the annual consideration fee fixed by the licensing authority, which shall be payable every month;

(p) "Hierarchy" means the earnest money of shops in the descending order purported to be the basis for the selection of licensee through the process of e-lottery;

(p) "Monthly minimum guaranteed quantity":-Annual minimum guaranteed quantity shall be divided in 12 equal parts. Quantity obtained as a result of these calculations shall be deemed to be monthly minimum guaranteed quantity;

(q) "Portal" means the electronic platform created specifically for the purpose of uploading information in the prescribed form with regard to the process of manufacturing liquor up to the terminal stage of its distribution;

(q) "Portal" means the specifically created electronic platform where on information in the prescribed form with regard to the process of settlement of retail shops of bhang shall be uploaded;

(r) "Solvency" means financial eligibility criteria set for an applicant applying for the grant of retail license which shall be equivalent to not less than license fee determined for any shop;

(r) "Security amount" means 1/6th part of sum of annual consideration fee and the license fee, which shall be payable in the form of Fixed Deposit Receipt/Bank Guarantee pledged in favour of District Excise Officer or through e-payment refundable after the final settlement of all the claims and dues to the State Government; Provided in case of renewal security deposited prior in cash or through national saving certificate (N.S.C) shall be acceptable till it is not refunded;

(s) 'Individual' means a person who is the citizen of India not below the age of twenty-one years at the time of making application;

(s) "Solvency" means financial eligibility criteria set for an applicant applying for the grant of retail license which shall be equivalent to not less than license fee determined for any shop;

(t) "Settlement" means settlement or re-settlement of shops through the medium of e-lottery at fixed fee or through the process of e-tender by inviting offer which may take place on any day of the week by giving prior notice and intimation through the newspaper and website of the excise department. The settlement of shops for the forthcoming year may also be done prior to the cessation of preceding financial year;

(t) "Settlement" means settlement or re-settlement of shops through the medium of e-lottery at fixed fee or through the process of e-tender by inviting offer which may take place on any day of the week by giving prior notice and intimation through the newspaper and website of the excise department. The settlement of shops for the forthcoming year may also be done prior to the cessation of preceding financial year;

(2) Words and expressions not defined in these rules but defined in the Act shall have the meanings respectively assigned to them in the Act.

(2) Words and expressions not defined in these rules but defined in the Act shall have the meanings respectively assigned to them in the Act.

 

Rule - 3. Amendment of rule 6.

In the said rules, for existing rule 6 set out in Column-I below, the rule as set out in Column-II shall be substituted, namely:-

Column-I (Existing rule)

6- Grant of License-

The license shall be issued on payment of license fee preferably through e-payment platform and deposit of security amount through Fixed Deposit Receipt pledged in favour of District Excise Officer or through e-payment in accordance with the provisions of these rules.

The licensee shall be required to furnish the solvency certificate or certificate of owned property issued by an authorized Income Tax Valuer in original copy in the district from where it has been issued at the time of grant of license.

Provided that in case of renewal security deposited prior in cash or through National Saving Certificate (N.S.C.) shall be acceptable till it is not refunded and the solvency certificate or certificate of owned property issued by an authorized Income Tax Valuer during the settlement of previous year shall be acceptable if it is valid and is for the required amount.

     

Column-II (Rule as hereby substituted )

6- Grant of License-

The license shall be issued on payment of license fee preferably through e-payment platform and deposit of security amount through Fixed Deposit Receipt/Bank Guarantee pledged in favour of District Excise Officer or through e-payment in accordance with the provisions of these rules.

The licensee shall be required to furnish the solvency certificate or certificate of owned property issued by an authorized Income Tax Valuer in original copy in the district from where it has been issued at the time of grant of license:

Provided that in case of renewal security deposited prior in cash or through National Saving Certificate (N.S.C.) shall be acceptable till it is not refunded and the solvency certificate or certificate of owned property issued by an authorized Income Tax Valuer during the settlement of previous year shall be acceptable if it is valid and is for the required amount.

 

Rule - 4. Amendment of rule-8.

In the said rules, for existing rule 8 set out in Column-I below, the rule as set out in Column-II shall be substituted, namely:-

Column-I

(Existing rule)

Column-II

(Rule as hereby substituted )

8- Eligibility conditions for applicants

Eligible applicants for license of a retail bhang shop must fulfill following conditions namely-

8- Eligibility conditions for applicants

Eligible applicants for license of a retail bhang shop must fulfill following conditions, namely:-

(a) be a citizen of India, but whole sale supplier of bhang shall be not eligible for holding license of any retail shop. No change in the status of applicant shall be allowed after allotment of shop.

Provided, in the event of death of licensee, his/her legal heir, if otherwise eligible, may continue to hold the license for the remaining period of the license:

(a) be a citizen of India, but whole sale supplier of bhang shall be not eligible for holding license of any retail shop. No change in the status of applicant shall be allowed after allotment of shop:

Provided, in the event of death of licensee, his/her legal heir, if otherwise eligible, may continue to hold the license for the remaining period of the license;

(b) be above twenty-one years of age at the time of making application.

(b) be above twenty-one years of age at the time of making application;

(c) not be defaulter/blacklisted or debarred from holding an excise license under the provisions of any rules made under act. Any person who has been convicted of any excise offence by any court of law unless fully and finally acquitted shall be automatically debarred from holding the license.

(c) not be defaulter/blacklisted or debarred from holding an excise license under the provisions of any rules made under act. Any person who has been convicted of any excise offence by any court of law unless fully and finally acquitted shall be automatically debarred from holding the license;

(d) applicant shall be eligible for making only one application in his own name for any shop.

(d) applicant shall be eligible for making only one application in his own name for any shop

(e) submit an affidavit duly verified by notary public as proof of the following namely-

(e) submit an affidavit duly verified by notary public as proof of the following namely:-

(i) that he possesses or has an arrangement for taking on rent a suitable premise in that locality for opening the shop in accordance with the provisions of Uttar Pradesh Number and Location of Excise Shop, Rules, 1968 as amended from time to time.

(i) that he possesses or has an arrangement for taking on rent a suitable premise in that locality for opening the shop in accordance with the provisions of Uttar Pradesh Number and Location of Excise Shop, Rules, 1968 as amended from time to time;

(ii) that his proposed premise of the shop has not been constructed in violation of any law or rules.

(ii) that his proposed premise of the shop has not been constructed in violation of any law or rules;

(iii) that he and his family members possess good moral character and have no criminal background nor have been convicted of any offence punishable under United Provinces Excise Act. 1910 or Narcotics Drugs and Psychotropic Substances Act, 1985 or any other cognizable and non-bailable offence.

(iii) that he and his family members possess good moral character and have no criminal background nor have been convicted of any offence punishable under United Provinces Excise Act. 1910 or Narcotics Drugs and Psychotropic Substances Act, 1985 or any other cognizable and non-bailable offence;

(iv) that in case of being selected as licensee he will furnish a certificate issued by Senior Superintendent/Superintendent of Police of the district of which he is resident, showing that he as well as his family members possess good moral character and have no criminal background or criminal record prior to issuance of license.

(iv) that in case of being selected as licensee he will furnish a certificate issued by the District Collector or Superintendent of Police/Senior Superintendent of Police of the concerned district or an officer not below the rank of assistant commissioner of police nominated by the police commissioner of the concerning police Commissionerate of the district of which he is resident, showing that he as well as his family members possess good moral character and have no criminal background or criminal record prior to issuance of license;

(v) that he shall not employ any salesmen or representative who has criminal background as mentioned in clauses (iii) or who suffers from any infectious diseases or is below twenty-one years of age or a woman. Licensee shall have to obtain Identity Cards bearing photographs of his authorized salesman/representative from District Excise Officer.

(v) that he shall not employ any salesmen or representative who has criminal background as mentioned in clauses (iii) or who suffers from any infectious diseases or is below twenty-one years of age or a woman. Licensee shall have to obtain Identity Cards bearing photographs of his authorized salesman/representative from District Excise Officer;

(vi) that he is not in arrear of any public dues or Government dues.

(vi) that he is not in arrear of any public dues or Government dues;

(vii) that he is solvent and has the necessary funds or has made arrangements for the necessary funds, for conducting the business, the details of which shall be made available to the licensing authority if required.

(vii) that he is solvent and has the necessary funds or has made arrangements for the necessary funds, for conducting the business, the details of which shall be made available to the licensing authority if required;

(viii) that applicant is not involved in mafia activities, anti social activities and organized offensive activities. If after issuance of license it is proved that he is involved in mafia activities, anti social activities and organized offensive activities then the allotted license shall be cancelled.

(viii) that applicant is not involved in mafia activities, anti social activities and organized offensive activities. If after issuance of license it is proved that he is involved in mafia activities, anti social activities and organized offensive activities then the allotted license shall be cancelled;

(ix) that applicant is not an advocate registered with Bar Council. If he is found registered advocate after getting the license then the license shall be cancelled. An employee of the Government shall also be ineligible to apply for the grant of license.

(ix) that applicant is not an advocate registered with Bar Council. If he is found registered advocate after getting the license then the license shall be cancelled. An employee of the Government shall also be ineligible to apply for the grant of license;

(x) that in case of being selected as licensee, bank drafts of earnest money which has been uploaded online along with application shall be deposited by him in the office of District Excise Officer within 48 hours after selection.

(x) that in case of being selected as licensee, bank drafts of earnest money which has been uploaded online along with application shall be deposited by him in the office of District Excise Officer within 48 hours after selection;

(xi) that he has not made use of the bank drafts of earnest money in making application for any other shop in the same phase.

(xi) that he has not made use of the bank drafts of earnest money in making application for any other shop in the same phase;

(f) That he shall upload a scanned copy of bank draft of earnest money issued in favour of District Excise Officer of the district of the concerned shop along with online application as may be fixed by the Excise Commissioner with the prior sanction of the State Government.

(f) That he shall upload a scanned copy of bank draft of earnest money issued in favour of District Excise Officer of the district of the concerned shop along with online application as may be fixed by the Excise Commissioner with the prior sanction of the State Government;

(g) In case of being selected as licensee, it shall be necessary to deposit bank draft of earnest money in the office of the concerned District Excise Officer within 48 hours after selection, which shall be refunded to applicant after payment of all dues.

(g) In case of being selected as licensee, it shall be necessary to deposit bank draft of earnest money in the office of the concerned District Excise Officer within 48 hours after selection, which shall be refunded to applicant after payment of all dues;

(h) That he is holder of solvency certificate or certificate of owned property issued by Income Tax valuer and the worth of solvency or certificate of owned property issued by Income Tax valuer shall be equivalent to not less than the amount of license fee determined for the grant of license of applied shop in the district. Licensees shall be required to submit the original copy of solvency certificate or certificate of owned property issued by Income Tax valuer in that district from where it has been issued at the time of grant of license.

(h) That he is holder of solvency certificate or certificate of owned property issued by Income Tax valuer and the worth of solvency or certificate of owned property issued by Income Tax valuer shall be equivalent to not less than the amount of license fee determined for the grant of license of applied shop in the district. Licensees shall be required to submit the original copy of solvency certificate or certificate of owned property issued by Income Tax valuer in that district from where it has been issued at the time of grant of license:

Provided, in case of renewal, solvency certificate or certificate of owned property issued by an authorized Income Tax Valuer produced during the settlement of previous year shall be acceptable if it is valid and is for the required amount.

Provided, in case of renewal, solvency certificate or certificate of owned property issued by an authorized Income Tax Valuer produced during the settlement of previous year shall be acceptable if it is valid and is for the required amount.

 

Rule - 5. Amendment of rule-9.

In the said rules, for existing rule 9 set out in Column-I below, the rule as set out in Column-II shall be substituted, namely:-

Column-I

     

Column-II

(Existing rule)

(Rule as hereby substituted )

9. District Level Committee for Licensing-There shall be a District Level Committee for selection of licensees for retail sale of Bhang. The committee shall consist of the following members, namely-

9. District Level Committee for Licensing-There shall be a District Level Committee for selection of licensees for retail sale of Bhang. The committee shall consist of the following members, namely:-

(i)

The Collector of the District

Chairman

(ii)

The Senior Superintendent Of Police/the Superintendent of Police of the District

Member

(iii)

One Gazetted Officer of Excise Department nominated by the Excise Commissioner

Member

(iv)

The District Excise Officer of the District

Member/Secretary

(i)

The Collector of the District

Chairman

(ii)

The Senior Superintendent of Police/Superintendent of Police of the concerning district or an Officer not below the rank of Assistant Commissioner of Police nominated by the Police Commissioner of the concerning Police Commissionerate.

Member

(iii)

One Gazetted Officer of Excise Department nominated by the Excise Commissioner

Member

(iv)

The District Excise Officer of the District

Member/Secretary

 

Rule - 6. Amendment of rule 10.

In the said rules, for existing rule 10 set out in Column-I below, the rule as set out in Column-II shall be substituted, namely:-

Column-I

Column-II

(Existing rule)

(Rule as hereby substituted )

10- Selection of licensee-

10- Selection of licensee-

(1) Licensees shall be selected shop wise through the process of e-lottery or e-tender, as specified by the State Government, through inviting online applications. District Excise Officer shall scrutinize the applications received online and prepare list of all eligible and ineligible applications, describing the reasons of ineligibility and shall put up this list before the District Level Committee of Licensing constituted for e-lottery and e-tender.

(1) Licensees shall be selected shop wise through the process of e-lottery or e-tender, as specified by the State Government, through inviting online applications. District Excise Officer shall scrutinize the applications received online and prepare list of all eligible and ineligible applications, describing the reasons of ineligibility and shall put up this list before the District Level Committee of Licensing constituted for e-lottery and e-tender.

(2) The said committee shall identify eligible and ineligible applicants. In case of e-lottery the licensee shall be selected for each shop from amongst the eligible applicants through the computer driven randomized arrangement. Randomization process shall be adopted in the descending order of earnest money of retail shop as per prescribed hierarchy under respective rule. In case of selection of licensee through e-tender the same aforesaid sequence shall be adopted. Not more than two bhang shops shall be allotted in favour of an applicant in the district.

(2) The said committee shall identify eligible and ineligible applicants. In case of e-lottery the licensee shall be selected for each shop from amongst the eligible applicants through the computer driven randomized arrangement. Randomization process shall be adopted in the descending order of earnest money of retail shop as per prescribed hierarchy under respective rule. In case of selection of licensee through e-tender the same aforesaid sequence shall be adopted. Not more than two bhang shops shall be allotted in favour of an applicant in the district.

(3) In case, the selected applicants does not deposit the required license fee or security amount and does not fulfill the prescribed formalities or is unable to arrange suitable premises for the shop within the stipulated period, the Licensing Authority shall cancel the allotment and take steps for resettlement of the shop through the process as prescribed by the State Government.

(3) In case, the selected applicants does not deposit the required license fee or security amount and does not fulfill the prescribed formalities or is unable to arrange suitable premises for the shop within the stipulated period, the Licensing Authority shall cancel the allotment and take steps for resettlement of the shop through the process as prescribed by the State Government.

(4) In case, no application is received for a particular shop or no candidate is found suitable for a shop, the Licensing Authority shall take immediate steps for resettlement of the shop through the process as prescribed by the State Government.

(4) In case, no application is received for a particular shop or no candidate is found suitable for a shop, the Licensing Authority shall take immediate steps for resettlement of the shop through the process as prescribed by the State Government:

Provided that aforesaid restriction shall not be applicable to matter related to renewal of licenses and mutation of licence in favor of legal heir in the event of death of licencee as per the criteria laid down by the State Government:

Provided also that in case of renewal of two or more shops in favour of any applicant in the entire State, he will be ineligible for selection of further shops through e- lottery.

 

Rule - 7. Amendment of rule-12.

In the said rules, for existing rule 12 set out in Column-I below, the rule as set out in Column-II shall be substituted, namely:-

Column-I

(Existing rule)

12-Payment of License fee & Security amount-In case an applicant is selected as licensee, he shall deposit the entire amount of license fee within three working days of being intimated of his selection. He shall be required to deposit half of the security amount within ten working days of intimation of his selection and balance of the security amount within twenty working days of intimation of his selection. Entire amount of license fee shall be deposited by the applicant preferably through e-payment. Security amount shall be deposited through Fixed Deposit Receipt pledged in favour of District Excise Officer or through e-payment.

If he fails to deposit the amount of the license fee and security amount within prescribed period, his selection shall stand cancelled and his earnest money and license fee as well as the security amount deposited by him, shall be forfeited in favor of State Government and the said shop shall be resettled forthwith in manner as prescribed by the State Government.

Column-II

(Rule as hereby substituted )

12-Payment of License fee and Security amount-In case an applicant is selected as licensee, he shall deposit the entire amount of license fee within three working days of being intimated of his selection. He shall be required to deposit half of the security amount within ten working days of intimation of his selection and balance of the security amount within twenty working days of intimation of his selection. Entire amount of license fee shall be deposited by the applicant preferably through e-payment. Security amount shall be deposited through Fixed Deposit Receipt/Bank Guarantee pledged in favour of District Excise Officer or through e-payment:

Provided, if he fails to deposit the amount of license fee and security amount within prescribed period, his selection shall stand cancelled:

Provided further that in case of licence being settled through the e-lottery/e-tender, his earnest money and license fee as well as the security amount, if deposited by him, and in case of licence being renewed, fifteen percent of security amount of last year along with renewal fee and licence fee, if deposited by him, shall also be forfeited in favour of State Government and the said shop shall be resettled forthwith, in manner as prescribed by the Government.

 

Rule - 8. Amendment of rule-20.

In the said rules, for existing rule 20 set out in Column-I below, the rule as set out in Column-II shall be substituted, namely:-

Column-I

(Existing rule)

20- Interim Settlement of shop-

(1) In case a license is suspended, cancelled or surrendered in accordance with the provisions of these rules or if the shop remains unsettled for any reasons the licensing authority may make interim settlement of the shop at the highest offer on the payment of daily license fee on such rates as notified by the Excise Commissioner with the prior sanction of the Government and proportionate consideration fee (i.e. consideration fee involved in the daily minimum guaranteed quantity) for a maximum period of fourteen days at one stretch or till the date of regular settlement, whichever is earlier. In case of obtaining two or more equal offers for one shop, settlement shall be done through manual public lottery. Such licensee shall also be required to deposit security amount equivalent to 1/6th of the sum of consideration fee and license fee involved in the period of interim settlement.

Provided that the licensing authority shall not make interim settlement of the shop for more than two times without prior intimation to the Excise Commissioner.

Column-II

(Rule as hereby substituted)

20- Interim Settlement of shop-

(1) In case a license is suspended, cancelled or surrendered in accordance with the provisions of these rules or if the shop remains unsettled for any reasons the licensing authority may make interim settlement of the shop at the highest offer on the payment of daily license fee on such rates as notified by the Excise Commissioner with the prior sanction of the Government and proportionate consideration fee (i.e. consideration fee involved in the daily minimum guaranteed quantity) for a maximum period of fourteen days at one stretch or till the date of regular settlement, whichever is earlier. In case of obtaining two or more equal offers for one shop, settlement shall be done through manual public lottery. Such licensee shall also be required to deposit security amount equivalent to 1/6th of the sum of consideration fee and license fee involved in the period of interim settlement. Such settlement of shop can be done more than twice by the licencing authority, but in such situation it will be essential to inform the Excise Commissioner.

(2) In case any license is cancelled or surrendered in accordance with the provisions of these rules, regular settlement of the shop shall be done as soon as possible by the Licensing Authority through the process of e-tender in mid-session after giving public advertisement. The intimation of aforesaid settlement shall be sent forthwith to the Excise Commissioner.

(2) In case any license is cancelled or surrendered in accordance with the provisions of these rules, regular settlement of the shop shall be done as soon as possible by the Licensing Authority through the process of e-tender in mid-session after giving public advertisement. The intimation of aforesaid settlement shall be sent forthwith to the Excise Commissioner.

 

Rule - 9. Amendment of form H.M.-1.

In the said rules for form H.M-1, the following form shall be substituted, namely:-

The License is subject to the following terms and conditions the infraction of any of which or violation of the provisions as expounded in Rule-21 of U.P. Excise (Settlement of licenses for retail sale of Bhang) Rules- 2019 or conviction for any offence under the U.P. Excise Act, 1910 or Narcotics Drugs and Psychotropic Substances Act, 1985 shall make the licensee liable for cancellation of the license and forfeiture of security deposit, in addition to any penalties imposed under the relevant laws.

The License is subject to the following terms and conditions the infraction of any of which or violation of the provisions as expounded in Rule-21 of U.P. Excise (Settlement of licenses for retail sale of Bhang) Rules-2019 or conviction for any offence under the U.P. Excise Act, 1910 or Narcotics Drugs and Psychotropic Substances Act, 1985 shall make the licensee liable for cancellation of the license and forfeiture of security deposit, in addition to any penalties imposed under the relevant laws.

TERMS AND CONDITIONS

TERMS AND CONDITIONS

1. According to provisions of Rule-13 the licensee shall lift the quantity of bhang from the bonded warehouse of the district or entitled bonded warehouse after making payment of cost price through RTGS and consideration fee preferably through e-payment.

1. According to provisions of Rule-13 the licensee shall lift the quantity of bhang from the bonded warehouse of the district or entitled bonded warehouse after making payment of cost price through RTGS and consideration fee preferably through e-payment.

2. The licensee shall be liable to pay the monthly installment of consideration fee by the 20th day of the month in accordance with the provisions of rule-14.

2. The licensee shall be liable to pay the monthly installment of consideration fee by the 20th day of the month in accordance with the provisions of rule-14.

3. Bhang shall be sold in loose or in form of grounded pellets. The licensee shall not be allowed to sell more than 120 gram bhang to any person.

3. Bhang shall be sold in loose or in form of grounded pellets. The licensee shall not be allowed to sell more than 120 gram bhang to any person.

4. The Sale of bhang shall be allowed for off the premises consumption.

4. The Sale of bhang shall be allowed for off the premises consumption.

5. The licensee shall maintain a regular and accurate daily account in the prescribed form and register and upload the same on the excise portal. Account register shall be produced for inspection whenever asked by the competent inspecting authority.

5. The licensee shall maintain a regular and accurate daily account in the prescribed form and register and upload the same on the excise portal. Account register shall be produced for inspection whenever asked by the competent inspecting authority.

6. The licensee shall not be allowed to carry on any other business on the licensed premises except sale of bhang for which license is granted.

6. The licensee shall not be allowed to carry on any other business on the licensed premises except sale of bhang for which license is granted.

7. The license premises shall remain open for sale on all days from 10.00 A.M. to 10 P.M., except on 14th April (Ambedkar Jayanti), 15th August (Independence Day), 2nd October (Gandhi Jayanti), 26th January (Republic Day) and up to 3 more days as notified for closures by the Licensing Authority. Licensing Authority may also order closure of shop on account of law and order or General Election related activity etc. under the provisions of relevant laws. No compensation shall be given for the closure of shop on above dates/days.

7. The license premises shall remain open for sale on all days from 10.00 A.M. to 10 P.M., except on 14th April (Ambedkar Jayanti), 15th August (Independence Day), 2nd October (Gandhi Jayanti), 26th January (Republic Day) and up to 3 more days as notified for closures by the Licensing Authority. Licensing Authority may also order closure of shop on account of law and order or General Election related activity etc. under the provisions of relevant laws. No compensation shall be given for the closure of shop on above dates/days.

8. The licensee shall store entire stock of bhang in the licensed premises only.

8. The licensee shall store entire stock of bhang in the licensed premises only.

9. The licensee shall affix a conspicuous signboard at the entrance of the shop in the form/size approved by the Excise Commissioner on which the name of the licensee, location of the shop, period of license, opening and closing time of shop and such other information as prescribed in bold letters shall be printed.

9. The licensee shall affix a conspicuous signboard at the entrance of the shop in the form/size approved by the Excise Commissioner on which the name of the licensee, location of the shop, period of license, opening and closing time of shop and such other information as prescribed in bold letters shall be printed.

The signboard shall also display the following information: -

The signboard shall also display the following information: -

">Consumption of Bhang is prohibited outside near the premises of shop or at public places. Any contravention in this regard shall be punishable.

">Consumption of Bhang is prohibited outside near the premises of shop or at public places. Any contravention in this regard shall be punishable.

>Driving can be fatal after consumption of bhang. Please do not drive after consuming bhang."

>Driving can be fatal after consumption of bhang. Please do not drive after consuming bhang."

10. The Licensee shall not employ any person as salesman who is below 21 years of age or is suffering from any infectious diseases or has criminal background or a woman. The Licensee shall have to obtain identity cards of the salesmen bearing their photographs duly issued by the District Excise Officer, which shall be produced as and when demanded by inspecting authorities.

10. The Licensee shall not employ any person as salesman who is below 21 years of age or is suffering from any infectious diseases or has criminal background or a woman. The Licensee shall have to obtain identity cards of the salesmen bearing their photographs duly issued by the District Excise Officer, which shall be produced as and when demanded by inspecting authorities.

11. The sale should not be made to a person below the age of twenty-one years or any official in uniform.

11. The sale should not be made to a person below the age of twenty-one years or any official in uniform.

12. The licensee shall be responsible for the proper upkeep and cleanliness of premises including its drains etc, by using pesticides

12. The licensee shall be responsible for the proper upkeep and cleanliness of premises including its drains etc, by using pesticides

13. The premises in which the shop is situated shall not be used as a place of residence except by the licensee/salesmen and his family.

13. The premises in which the shop is situated shall not be used as a place of residence except by the licensee/salesmen and his family.

14. The licensee is strictly forbidden from having recourse to any form of blandishment or inducement to the customer with a view to increase his sales. Gambling or dance programs are also strictly forbidden.

14. The licensee is strictly forbidden from having recourse to any form of blandishment or inducement to the customer with a view to increase his sales. Gambling or dance programs are also strictly forbidden.

15. The licensee shall on expiry of the license, report to the District Excise Officer for disposal of balance stock which will be disposed off in accordance with Rule-17.

15. The licensee shall on expiry of the license, report to the District Excise Officer for disposal of balance stock which will be disposed off in accordance with Rule-17.

16. The licensee shall abide by the general or specific instructions issued by the Excise Commissioner or licensing authority from time to time.

16. The licensee shall abide by the general or specific instructions issued by the Excise Commissioner or licensing authority from time to time.

17. The licensee shall submit the list of salesmen to the district excise officer for sale of liquor at his shop. The district excise officer shall issue Naukarnama in prescribed form accordingly.

Date...........................

District........................

Licensing Authority

Date...........................

District........................

Licensing Authority