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:-
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Column-I
(Existing rule)
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Column-II
(Rule as hereby substituted )
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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;
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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;
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(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;
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(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;
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(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
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(c) "Bhang" means the leaves and small stalks
of hemp plant (Cannabis Sativa ), known as bhang;
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(d) "Bhang" means the leaves and small stalks
of hemp plant (Cannabis Sativa ), known as bhang;
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(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;
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(e) "Daily License fee" means 1/365th part of
the fixed licence fee of the whole year;
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(e) "Daily License fee" means 1/365th part of
the fixed licence fee of the whole year;
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(f) "Daily Minimum Guarantee quantity" shall
be 1/365thpart of annual minimum guaranteed quantity;
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(f) "Daily Minimum Guarantee quantity" shall
be 1/365thpart of annual minimum guaranteed quantity;
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(g) "Excise year" means the financial year
commencing from 1st April to 31st March of the next calendar year;
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(g) "Excise year" means the financial year
commencing from 1st April to 31st March of the next calendar year;
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(h) "Family" means and includes spouse
(husband or wife), dependent son(s), unmarried daughter (s) and dependent
parents;
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(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;
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(i) "Form" means the form, appended to these
rules;
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(i) "Family" means and includes spouse
(husband or wife), dependent son(s), unmarried daughter (s) and dependent
parents;
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(j) "Licensing authority", means the
Collector of the District;
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(j) "Form" means the form, appended to these
rules;
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(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;
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(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;
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(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;
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(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;
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(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;
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(m) "Licensing authority", means the
Collector of the District;
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(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 .
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(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;
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(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;
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(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;
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(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;
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(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;
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(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;
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(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;
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(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;
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(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;
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(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;
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(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;
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(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;
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(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;
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(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.
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(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.
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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:-
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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.
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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.
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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:-
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Column-I
(Existing rule)
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Column-II
(Rule as hereby substituted )
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8- Eligibility conditions for applicants
Eligible applicants for license of a retail bhang shop
must fulfill following conditions namely-
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8- Eligibility conditions for applicants
Eligible applicants for license of a retail bhang shop
must fulfill following conditions, namely:-
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(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:
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(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;
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(b) be above twenty-one years of age at the time of
making application.
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(b) be above twenty-one years of age at the time of
making application;
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(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.
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(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;
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(d) applicant shall be eligible for making only one
application in his own name for any shop.
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(d) applicant shall be eligible for making only one
application in his own name for any shop
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(e) submit an affidavit duly verified by notary public
as proof of the following namely-
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(e) submit an affidavit duly verified by notary public
as proof of the following namely:-
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(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.
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(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;
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(ii) that his proposed premise of the shop has not been
constructed in violation of any law or rules.
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(ii) that his proposed premise of the shop has not been
constructed in violation of any law or rules;
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(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.
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(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;
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(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.
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(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;
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(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.
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(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;
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(vi) that he is not in arrear of any public dues or Government
dues.
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(vi) that he is not in arrear of any public dues or
Government dues;
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(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.
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(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;
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(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.
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(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;
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(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.
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(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;
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(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.
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(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;
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(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.
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(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;
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(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.
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(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;
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(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.
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(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;
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(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.
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(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:
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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.
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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.
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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:-
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Column-I
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Column-II
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(Existing rule)
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(Rule as hereby substituted )
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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-
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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:-
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(i)
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The Collector of the District
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Chairman
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(ii)
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The Senior Superintendent Of Police/the
Superintendent of Police of the District
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Member
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(iii)
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One Gazetted Officer of Excise Department
nominated by the Excise Commissioner
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Member
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(iv)
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The District Excise Officer of the
District
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Member/Secretary
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(i)
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The Collector of the District
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Chairman
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(ii)
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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.
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Member
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(iii)
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One Gazetted Officer of Excise Department
nominated by the Excise Commissioner
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Member
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(iv)
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The District Excise Officer of the
District
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Member/Secretary
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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:-
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Column-I
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Column-II
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(Existing rule)
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(Rule as hereby substituted )
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10- Selection of licensee-
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10- Selection of licensee-
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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:
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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:
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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.
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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:-
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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.
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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:
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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.
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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:-
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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.
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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.
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(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.
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(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.
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Rule - 9. Amendment of form H.M.-1.
In the said rules for form
H.M-1, the following form shall be substituted, namely:-

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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.
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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.
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TERMS AND CONDITIONS
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TERMS AND CONDITIONS
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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.
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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.
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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.
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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.
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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.
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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.
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4. The Sale of bhang shall be allowed for off the
premises consumption.
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4. The Sale of bhang shall be allowed for off the
premises consumption.
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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.
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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.
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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.
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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.
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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.
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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.
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8. The licensee shall store entire stock of bhang in
the licensed premises only.
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8. The licensee shall store entire stock of bhang in
the licensed premises only.
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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.
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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.
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The signboard shall also display the following
information: -
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The signboard shall also display the following
information: -
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">Consumption of Bhang is prohibited outside
near the premises of shop or at public places. Any contravention in this
regard shall be punishable.
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">Consumption of Bhang is prohibited outside
near the premises of shop or at public places. Any contravention in this
regard shall be punishable.
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>Driving can be fatal after consumption of bhang.
Please do not drive after consuming bhang."
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>Driving can be fatal after consumption of bhang.
Please do not drive after consuming bhang."
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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.
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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.
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11. The sale should not be made to a person below the
age of twenty-one years or any official in uniform.
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11. The sale should not be made to a person below the
age of twenty-one years or any official in uniform.
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12. The licensee shall be responsible for the proper
upkeep and cleanliness of premises including its drains etc, by using
pesticides
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12. The licensee shall be responsible for the proper
upkeep and cleanliness of premises including its drains etc, by using
pesticides
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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.
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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.
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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.
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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.
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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.
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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.
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16. The licensee shall abide by the general or specific
instructions issued by the Excise Commissioner or licensing authority from
time to time.
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16. The licensee shall abide by the general or specific
instructions issued by the Excise Commissioner or licensing authority from
time to time.
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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.
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Date...........................
District........................
Licensing Authority
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Date...........................
District........................
Licensing Authority
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