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Uttar Pradesh Excise (Settlement Of Licenses For Retail Sale Of Country Liquor) (Eighteenth Amendment) Rules, 2025

Uttar Pradesh Excise (Settlement Of Licenses For Retail Sale Of Country Liquor) (Eighteenth Amendment) Rules, 2025

Uttar Pradesh Excise (Settlement of Licenses for Retail Sale of Country Liquor) (Eighteenth Amendment) Rules, 2025

[03 March 2025]

In exercise of the powers under sections 24 and 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 hereby makes the following rules with a view to amending the Uttar Pradesh Excise (Settlement of Licenses for Retail Sale of Country Liquor) Rules, 2002 published vide Excise Commissioner notification no. 27091/XLicenes-59/2002-2003, dated March 14, 2002 and as amended time to time.

Rule 1. Short title and commencement

(1)     These rules may be called the Uttar Pradesh Excise (Settlement of Licenses for Retail Sale of Country Liquor) (Eighteenth Amendment) Rules, 2025.

(2)     They shall come into force with effect 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 Country Liquor) Rules, 2002, for sub rule-(1)(i) and sub rule-(1)(m) of rule-2 setout in Column-1 below, the sub rules as setout in Column-II shall be substituted, namely:-

Column-I

Column-II

(Existing clause)

(Clause as hereby substituted )

2(1)(i) "Earnest Money" means the amount equal to 1/10 of the amount of basic 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;

2(1)(i) Deleted.

2(1)(m) "Hierarchy" means the earnest money of shops in the descending order puported to be the basis for the selection of licensee through the process of e/lottery;

2(1)(m)"Hierarchy" means the descending order of the basic license fee of shops purported to be the basis for shop allotment through the process of computer based randomization in e-lottery for selection of licensee;

Rule 3. Amendment of rule-5

In the Uttar Pradesh Excise (Settlement of Licenses for Retail Sale of Country Liquor) Rules, 2002, for rule 5 setout in Column-1 below, the rule as setout in Column-II shall be substituted, namely:-

Column-I

Column-II

(Existing clause)

(Clause as hereby substituted )

5-Period of License

The period of licence shall be for an excise year or part thereof for which the licence has been granted, but the licence may be renewed or extended for the next excise year according to the parameter of consumption as fixed by the State Government.

5- Period of License

The period of licence shall be for an excise year or part thereof for which the licence has been granted, but the selection of licensee for the next excise year shall be in accordance with the rule-10 of these rules.

Rule 4. Amendment of rule-10

In the Uttar Pradesh Excise (Settlement of Licenses for Retail Sale of Country Liquor) Rules, 2002, for rule 10 setout in Column-1 below, the rule as setout in Column-II shall be substituted, namely:-

Column-I

Column-II

(Existing clause)

(Clause as hereby substituted )

10- Selection of licensee-

(a) (i) License of shop may be renewable online under the terms and conditions specified by the State Government.

(ii) In case of non-renewal, 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.

Provided that if a licensee dies after depositing the amount for renewal of shop for the next year and no application is made by any of his legal heirs or nominees for operation of license or no heir/nominee is found suitable for this purpose, then the amount deposited for renewal (except processing fee) will be returned to the legal heir.

 

 

 

(b) The said committee shall identify eligible and ineligible applicants. In case of 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 order of country liquor, model shops, foreign liquor and beer shops 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 shops including all categories of country liquor, model shop, foreign liquor and beer shall be allotted in favour of an applicant in the entire State.

Provided that aforesaid restriction limit shall not be applicable to matter related to renewal of licensesand mutation of licence in favor of legal heir/family member/close relative of deceased licensee/licensees in the event of death of licencee/licencees asper the procedure mentioned in rule-8(a).

Provided further 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.

(c ) In case the selected applicants does not deposit the required basic licence 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 Government.

(d) In case there is no application 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.

10- Selection of licensee-

(a) (i) The licensee for a shop shall be selected from amongst the three processes of ELottery, E- Renewal and E-Tender which ever is/are prescribed by the State Government for that particular year.

(ii) In case E-renewal is not prescribed by the State Government for a particular year, the shop wise selection of licensee shall be made through the process prescribed by the State Government through E-lottery or/and E-tender by inviting online applications. If E-renewal is prescribed by the State Government but renewal is not requested by the licensee or licensee has been found ineligible for renewal, then in such case also the aforementioned process of E-lottery or/and E-tender will be adopted. District Excise Officer shall scrutinize the applications received online and prepare a list of all admissible and in admissible applications, describing the reasons of in admissibility and shall put up this list before the District Level Committee of Licensing as mentioned in rule-9 of these rules for e-lottery and e-tender.

(iii) If the shop has been renewed and if the licensee dies after depositing the renewal fee and none of his legal heirs or nominees apply for the operation of the said license or if the legal heir/nominee are not found eligible for the purpose, the amount deposited for renewal except processing fee, shall be refunded in favor of the legal heir.

(b) In case of e-lottery the shop wise licensee shall be selected from amongst the eligible applicants through computer based randomization process in sequenceof country liquor shops, model shops, composite shops and bhang shops categories as per the heirarchy in each category as has been defined in rule2(1)(m).

 

 

 

 

 

 

 

 

(c) In case the selection of licensee is done through E-Tender, the process of inviting tender/offer shall be prescribed by the State Government.

 

(d) Not more than two shops including all categories of country liquor shops, model shops, composite shops and bhang shops shall be alloted to any person in the entire State.

Provided that in case of renewal aforesaid restriction shall not apply inmattersof renewal/ mutation in favour of legal heir/family member/close relative.

Provided further that in case two or more shops are renewed or already settled in the State in favour of an applicant, he/she shall not be eligible for further allotment of shops through E-Lottery/E-Tender.

(e) It shall be mandatory for the person selected as licensee through E-Lottery or ERenewal or E-Tender to deposit basic license fee and security in the time schedule and in the manner prescribed by the State Government and, complete all other prescribed formalities and make arrangement for appropriate shop premises within the prescribed time period . In case the person selected as licensee does not comply with the above, the Licensing Authority shall cancel the allotment/license and shall take necessary steps for the resettlement of the shop as prescribed by the State Government .

(f) In case there is no application for a particular shop in E-Lottery or E-renewal or E-tender process as the case may be, or no candidate is found suitable for the shop, the Licensing Authority shall take immediate steps for resettlement of the shop through the process as prescribed by the State Government.