UTTAR
PRADESH EXCISE (SETTLEMENT OF LICENSES FOR WHOLESALE OF FOREIGN LIQUOR)
(THIRTEENTH AMENDMENT) RULES, 2022
PREAMBLE
In exercise of the powers
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 hereby makes the following rules with
a view to amending the Uttar Pradesh Excise (Settlement of Licenses for
Wholesale of Foreign Liquor) Rules, 2002.
Rule - 1. Short title and Commencement.
(1)
These rules may be called the Uttar Pradesh
Excise (Settlement of Licenses for Wholesale of Foreign Liquor) (Thirteenth
Amendment) Rules, 2022.
(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 Wholesale of Foreign Liquor) Rules, 2002
hereinafter referred to as the said rules, for existing rule 2 setout in
Column-I below, the rule as setout in Column-II shall be substituted, namely:-
Column-I (Existing rule) |
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Column-II (Rule as hereby substituted ) |
2(1)-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(1)-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) "Foreign liquor" means and includes
spirit or liquors imported in India or spirit or liquor made in India and to
sophisticated or colored so as to resemble in flavor or color liquor imported
into India and includes Malt spirit, Whisky, Rum, Brandy, Gin, Vodka and
liquors; |
(b) "Additional Consideration Fee" means
difference amount obtained as a result of rounding off the maximum retail
price of foreign liquor/beer to the next multiple of ten rupees, which shall
be payable at Distillery/Brewery level and recoverable by Distillery/Brewery
from wholesale supplier in addition to Ex-Distillery/Ex-Brewery Price and
which in turn could be recovered by wholesale supplier from retail licensee
in addition to maximum wholesale price; |
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(c) "Beer" includes ale stout, porter, cider
and all other fermented liquors made from Malt having alcoholic strength from
3% v/v upto 8% v/v; |
(c) Additional License Fee- means the leviable sum in
the form of consideration for the exclusive privilege of wholesale supply of
foreign liquor/beer/wine/LAB to be made by the licensee of FL-2/FL-2B in the
other district for whom FL-2/FL-2B License could not be sanctioned or where
supply is interrupted in addition to the district for which License has been
granted and which shall have to be deposited in accordance with the procedure
laid down by Excise Commissioner with the approval of State Government; |
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(d) "Wine" means the product obtained on
alcoholic fermentation of grape juice or pulp or juice of any other fruit,
natural or fortified the alcoholic content where of does not exceed 42% proof
spirit; |
(d) "Beer" includes ale stout, porter, cider
and all other fermented liquors made from Malt having alcoholic strength from
3% v/v upto 8% v/v; |
|
(e) "Excise Year" means the financial year
commencing on 1st April and ending with 31st March of the next calendar year; |
(e) "Consideration Fee" means a fee for
foreign liquor, wine, beer and low alcoholic beverages as fixed by the State
Government under section 30 of the Act, which shall be deposited in treasury
by the licensee prior to supply; |
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(f) "Family" means and includes spouse
(husband or wife), dependent son(s), unmarried daughter (s) and dependent
parents; |
(f) "Excise Year" means the financial year
commencing on 1st April and ending with 31st March of the next calendar year; |
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(g) "Form" means a form appended to these
Rules; |
(g) "Family" means and includes spouse
(husband or wife), dependent son(s), unmarried daughter (s) and dependent
parents; |
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(h) "Licensing Authority" means the Excise
Commissioner, U.P.; |
(h) "Foreign liquor" means and includes
spirit or liquors imported in India or spirit or liquor made in India and to
sophisticated or colored so as to resemble in flavor or color liquor imported
into India and includes Malt spirit, Whisky, Rum, Brandy, Gin, Vodka and
liquors; |
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(i) "License Fee" means the consideration for
grant of License for exclusive privilege of wholesale of foreign liquor under
section-24A of the Act, payable by the Licensee, preferably through
e-payment, before the License is granted to him, on such rates as notified by
the Excise Commissioner with the previous sanction of the State Government; |
(i) "Form" means a form appended to these
Rules; |
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(j) "Security Amount" means that amount which
is to be deposited in the form of National Saving Certificate pledged to the
Excise commissioner and refundable after the final settlement of all the
claims and dues to the State Government. The security amount shall be 10% of
the License fee; |
(j) "Importing unit" means either a brand
owner or principal importer or any person or entity authorized to import
liquor into the country; |
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Provided that in case of renewal security deposited
prior in cash or through National saving Certificate shall be acceptable till
it is not refunded; |
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(k) "Consideration Fee" means a fee for
foreign liquor, wine, beer and low alcoholic beverages as fixed by the State
Government under section 30 of the Act, which shall be deposited in treasury
by the licensee prior to supply; |
(k) 'Individual' means a person who is the citizen of
India not below the age of 21 years at the time of making application for the
grant of License; |
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(l) Additional License Fee- means the leviable sum in
the form of consideration for the exclusive privilege of wholesale supply of
foreign liquor/beer/wine/LAB to be made by the licensee of FL-2/FL-2B in the
other district for whom FL-2/FL-2B License could not be sanctioned or where
supply is interrupted in addition to the district for which License has been
granted and which shall have to be deposited in accordance with the procedure
laid down by Excise Commissioner with the approval of State Government; |
(l) "Licensing Authority" means the Excise
Commissioner, Uttar Pradesh; |
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(m) "Additional Consideration Fee" means
difference amount obtained as a result of rounding off the maximum retail
price of foreign liquor/beer to the next multiple of ten rupees, which shall
be payable at Distillery/Brewery level and recoverable by Distillery/Brewery
from wholesale supplier in addition to Ex-Distillery/Ex-Brewery Price and
which in turn could be recovered by wholesale supplier from retail licensee
in addition to maximum wholesale price; |
(m) "License Fee" means the consideration for
grant of License for exclusive privilege of wholesale of foreign liquor under
section-24A of the Act, payable by the Licensee, preferably through
e-payment, before the License is granted to him, on such rates as notified by
the Excise Commissioner with the previous sanction of the State Government; |
|
(n) "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
stage of its distribution; |
(n) "Low Strength alcoholic beverages" means
the carbonated alcoholic beverages having alcohol up to 5% v/v and above 5%
v/v to 10% v/v manufactured from Extra Neutral alcohol (E.N.A.) and
sophisticated by addition of flavoring or coloring matter or both and any
other material so as to give it a special flavor; |
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(o) "Solvency" means financial eligibility
criteria set for an applicant applying for the grant of wholesale License; |
(o) "Overseas foreign liquor" means beer,
spirit, wines and liquors, which have been imported into India and are
intended for human consumption, and are liable, on such importation, to duty
under Custom Tariff Act, 1975 read with Customs Act, 1962; |
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(p) 'Individual' means a person who is the citizen of
India not below the age of 21 years at the time of making application for the
grant of License; |
(p) "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
stage of its distribution; |
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(q) "Low Strength alcoholic beverages" means
the carbonated alcoholic beverages having alcohol up to 5% v/v and above 5%
v/v to 10% v/v manufactured from Extra Neutral alcohol (E.N.A.) and
sophisticated by addition of flavoring or coloring matter or both and any
other material so as to give it a special flavor. |
(q) "Security Amount" means that amount which
is to be deposited through Fixed Deposit Receipt/Bank Guarantee pledged in
favour of Excise commissioner Uttar Pradesh, or through e-payment and refundable
after the final settlement of all the claims and dues to the State
Government. The security amount shall be 10% of the License fee: |
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Provided that in case of renewal security deposited
prior in cash or through National saving Certificate shall be acceptable till
it is not refunded; |
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(r) "Importing unit" means either a brand
owner or principal importer or any person or entity authorized to import
liquor into the country; |
(r) "Solvency" means financial eligibility
criteria set for an applicant applying for the grant of wholesale License; |
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(s) "Overseas foreign liquor" means beer,
spirit, wines and liquors, which have been imported into India and are
intended for human consumption, and are liable, on such importation, to duty
under Custom Tariff Act, 1975 read with Customs Act, 1962; |
(s) "Wine" means the product obtained on
alcoholic fermentation of grape juice or pulp or juice of any other fruit,
natural or fortified the alcoholic content where of does not exceed 42% proof
spirit; |
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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. |
(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-3.
In the said rules, for
existing rule3 set out in Column I below, the rule as set out in Column II
shall be substituted, namely:-
Column-I (Existing rule) Period of license- 3. The period of license will be for one excise year or
for its part for which license is granted, but license will be renewed or
extended for next year on demand of the licensee on such terms and conditions
decided by the State Government. FL-1 and FL-1A licenses may be issued for three years
on deposition of triple the amount of the prescribed license fee. Provided
that this licence shall remain valid till the validity of the concerned
FL-3/FL- 3A licence. Application form for new license or renewal of license
shall be submitted and granted online. |
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Column-II (Rule as hereby substituted) Period of license-3. The period of license will be for one excise year or
for its part for which license is granted, but license will be renewed or
extended for next year on demand of the licensee on such terms and conditions
decided by the State Government. FL-1 and FL-1A licenses may be issued for three years
on deposition of triple the amount of the prescribed license fee. Provided
that this licence shall remain valid till the validity of the concerned
FL-3/FL-3A licence. Application form for new license or renewal of license
shall be submitted and granted online. |
Rule - 4. Amendment of rule-4.
In the said rules, for
existing rule-4 setout in Column-I below, the rule as setout in Column-II shall
be substituted, namely:-
Column-I (Existing rule) |
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Column-II (Rule as hereby substituted) |
4- Types of wholesale Licences for foreign liquor,
beer, wine and Low Alcoholic Beverages |
4- Types of wholesale Licences for foreign liquor,
beer, wine and Low Alcoholic Beverages |
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(1) There shall be Six types of licences for wholesale
of foreign liquor, beer, wine and Low Alcoholic Beverages i.e. |
(1) There shall be Six types of licences for wholesale
of foreign liquor, beer, wine and Low Alcoholic Beverages i.e. |
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(a) Licence in Form FL-1 for wholesale of the foreign
liquor, beer, wine and Low Alcoholic Beverages shall be granted to
distilleries/breweries/vinteneries situated in the State of Uttar Pradesh on
prepaid consideration fee. |
(a) Licence in Form FL-1 for wholesale of the foreign
liquor, beer, wine and Low Alcoholic Beverages shall be granted to
distilleries/breweries/vinteneries situated in the State of Uttar Pradesh on
prepaid consideration fee; |
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(b) Licence in form FL-1-A for wholesale of foreign
liquor, beer, wine and Low Alcoholic Beverages, manufactured by distilleries
breweries and vinteneries situated outside the State of U.P. and by whom
Licence in Form FL-3-A has been taken for bottling of foreign liquor, beer,
wine and Low Alcoholic Beverages and shall be granted on prepaid
consideration fee. |
(b) Licence in form FL-1-A for wholesale of foreign
liquor, beer, wine and Low Alcoholic Beverages, manufactured by distilleries
breweries and vinteneries situated outside the State of U.P. and by whom
Licence in Form FL-3-A has been taken for bottling of foreign liquor, beer,
wine and Low Alcoholic Beverages and shall be granted on prepaid
consideration fee; |
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(c) Licence in Form FL-2 shall be granted for wholesale
of foreign liquor, wine and overseas foreign liquor for sale to the retail
licensed vendors. |
(c) Licence in Form FL-2 shall be granted for wholesale
of foreign liquor, wine and overseas foreign liquor and wine for sale to the
retail licensed vendors; |
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(d) Licence in Form FL-2-A shall be granted for wholesale
of foreign liquor, beer, wine and Low Alcoholic Beverages and overseas
foreign liquor to licensed wholesale and retail vendor of military/Para
military forces. |
(d) Licence in Form FL-2-A shall be granted for
wholesale of foreign liquor, beer, wine and Low Alcoholic Beverages and
overseas foreign liquor to licensed wholesale and retail vendor of
military/Para military forces; |
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(e) Licence in Form FL-2-B shall be granted for
wholesale of beer and low alcoholic beverages as well as imported beer/low
alcoholic beverages for sale to retail licensed vendors. |
(e) Licence in Form FL-2-B shall be granted for
wholesale of beer and low alcoholic beverages as well as imported beer/low
alcoholic beverages for sale to retail licensed vendors; |
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(f) Licence in Form BIO-1 shall be granted to importing
units for opening vend for wholesale of overseas foreign liquor. This
Overseas foreign liquor from other Countries shall be brought under the
import of overseas foreign liquor in Uttar Pradesh Rules -2003. |
(f) Licence in Form BIO-1 shall be granted to importing
units for opening vend for wholesale of overseas foreign liquor. This
Overseas foreign liquor from other Countries shall be brought under the
import of overseas foreign liquor in Uttar Pradesh Rules -2003; |
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(2) The Aforesaid importing units shall fulfill the
following eligibility criteria :- (a) It shall have a custom bond warehouse or allocation
of space in custom bond ware-house within Uttar Pradesh, established under
the provisions of import of Overseas foreign liquor in Uttar Pradesh Rules
2003 |
(2) The Aforesaid importing units shall fulfill the
following eligibility criteria :- (a) It shall have a custom bond warehouse or allocation
of space in custom bond ware-house within Uttar Pradesh, established under
the provisions of Import of Overseas foreign liquor in Uttar Pradesh Rules,
2003; |
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(b) It shall be registered in the state on payment of
license fees and deposit of security as prescribed by the Excise commissioner
with the previous approval of the State Government. |
(b) It shall be registered in the state on payment of
license fees and deposit of security as prescribed by the Excise commissioner
with the previous approval of the State Government; |
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(c) It shall declare the details of custom bonded ware
houses in which liquor shall be imported and stored. |
(c) It shall declare the details of custom bonded ware
houses in which liquor shall be imported and stored; |
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(d) It shall declare and obtain approval of Excise
Commissioner for the warehouse in which overseas foreign liquor de-bonded
from custom bonded ware houses shall be stored before sale in U.P. |
(d) It shall declare and obtain approval of Excise
Commissioner for the warehouse outside custom bond of concerned district in
which overseas foreign liquor de-bonded from custom bonded ware houses shall
be stored before sale in U.P; |
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(e) The importing unit may procure overseas foreign
liquor from any custom bond in the country. |
(e) The importing unit may procure overseas foreign
liquor from any custom bond in the country; |
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(f) It may either sell to authorized persons within the
state or to transfer stock to another importing unit within the state or
transfer to other custom bonds located in other state or export to authorized
persons in other states. |
(f) It may either sell to authorized persons within the
state or to transfer stock to another importing unit within the state or
transfer to other custom bonds located in other state or export to authorized
persons in other states; |
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(g) The brands of overseas foreign liquor shall be
registered either by brand owner or its authorized principal importer or any
other authorized importing unit. Upon such registration all the importing
units can sell and procure and no separate registration by each such unit is required. |
(g) The brands of overseas foreign liquor shall be
registered either by brand owner or its authorized principal importer or any
other authorized importing unit. Upon such registration all the importing
units can sell and procure and no separate registration by each such unit is
required: |
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Provided that free online registration of all those
brands stored in custom bonds of the importing units will also be done, which
will not sold to wholesale/retail licensees of the State; |
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(h) It shall be authorized to sell only those brands of
overseas foreign liquor registered in the state. |
(h) It shall be authorized to sell only those brands of
overseas foreign liquor registered in the State; |
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(i) BIO-1 license of the importing unit will be
affiliated to only one custom bond located in the same district; |
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(j) Importing units which:- (i) is importing liquor directly into any of its custom
bonds in the State or; |
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(ii) is receiving transfer of liquor from custom bonds
of importing units located in other States or; |
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(iii) is transferring liquor to the customs bond of an
importing unit located in other States or; |
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(iv) doing the transfer business of liquor in custom
bonds of other importing units located in the State, will be registered on
the Uttar Pradesh Excise portal by depositing the prescribed registration
fee. |
Rule - 5. Amendment of rule-5.
In the said rules, for
existing rule 5 setout in Column-I below, the rule as setout in Column-II shall
be substituted, namely:-
Column-I (Existing rule) 5-Application for grant of licence- Application for
grant of licence shall be made in the form prescribed by Excise Commissioner
for this purpose. |
Column-II (Rule as hereby substituted ) 5-Application for grant of licence- Application for
grant of licence shall be made online on excise portal
(www.upexciseportal.in) in the form prescribed by Excise Commissioner. |
Rule - 6. Amendment of rule-6.
In the said rules, for
existing rule 6 setout in Column-I below, the rule as setout in Column-II shall
be substituted, namely:-
Column-I (Existing rule) |
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Column-II (Rule as hereby substituted ) |
6. Grant of license |
6. Grant of license |
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(1)(a) The licence for wholesale of Foreign Liquor
shall be granted by Excise Commissioner or an officer authorized by him on
submission of solvency certificate or certificate of owned property issued by
authorized Income Tax Valuer bearing net worth not less than the requisite
amount of licence fee and payment of licence fee preferably through e-payment
platform and deposit of security amount through Fixed Deposit Receipt pledged
in favour of Excise Commissioner, Uttar Pradesh or through e-payment in
accordance with the provisions of these rules on application of applicant.
The license in Form FL2, FL 2B shall be in every district: |
(1)(a) The licence for wholesale of Foreign Liquor
shall be granted by the Excise Commissioner or an officer authorized by him
on submission of solvency certificate or certificate of owned property issued
by authorized Income Tax Valuer bearing net worth not less than the requisite
amount of licence fee and payment of licence fee preferably through e-payment
platform and deposit of security amount through Fixed Deposit Receipt/Bank
Guarantee pledged in favour of Excise Commissioner, Uttar Pradesh or through
e-payment in accordance with the provisions of these rules on application of
applicant submitted online. The license in Form FL-2, FL-2B shall be in every
district: |
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Provided further that license in Form FL-1, FL-1A and
FL-2A proof of solvency is not required. |
Provided that for the grant of license in Form FL-1,
FL-1A and FL-2A, proof of solvency is not required. |
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In case of renewal security deposited prior in cash or
through National Saving Certificate shall be acceptable till it is not refunded
and the solvency certificate or certificate of owned property issued by an
income tax valuer during the settlement of previous year shall be acceptable
if it is valid and is for the required amount. |
In case of renewal, security deposited prior in cash or
through National Saving Certificate shall be acceptable till it is not
refunded and the solvency certificate or certificate of owned property issued
by an 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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(aa) License in Form FL-2, FL-2B and FL-2D may be
renewed by Excise Commissioner or an officer authorized by him, subject to
the terms and conditions prescribed by the State Government. |
(aa) License in Form FL-2, FL-2B and BIO-1 may be
renewed by Excise Commissioner or an officer authorized by him, subject to
the terms and conditions prescribed by the State Government; |
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(b) In case of grant of new License in any of the form
FL-2A whenever any existing License of any of the above categories is vacated
(including the mutation of names) and its continuance and settlement with
some other party is considered necessary, the Excise Commissioner shall take
alternative settlement there of and refer the case to the State Government
with full justification for the same for its approval. After receipt of State
Government's order further action may be taken accordingly. |
(a) In case of grant new License or when ever any
existing license in the form FL-2A is vacated (including the mutation of names)
and its continuance and settlement with some other party is considered
necessary; the Excise Commissioner shall grant/transfer the licence subject
to the prescribed terms and conditions; |
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(c) Form FL-1 and FL-1A shall be granted by the Excise
Commissioner. These licenses shall be renewed for next financial year after
depositing the prescribed dues. If justified and found in revenue interest,
one or more FL-1/FL-1A licenses can be sanctioned outside the
distilleries/breweries premises: |
(c) License in Form FL-1 and FL-1A shall be granted by
the Excise Commissioner. These licenses may be renewed for next three
financial years after depositing the prescribed dues. If justified and found
in revenue interest, one or more FL-1/FL-1A licenses can be sanctioned
outside the distilleries/breweries premises: |
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Provided that if any repugnant fact comes into notice
in operation of those licenses, then the decisionof the Excise Commissioner
about the renewal of these licenses shall be final and obligatory. |
Provided that if any repugnant fact comes into notice
in operation of those licenses, then the decision of the Excise Commissioner
about the renewal of these licenses shall be final and obligatory. |
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(2) The Licensee shall not be permitted to transfer or
sublet the licence to any other person. |
(2) The Licensee shall not be permitted to transfer or
sublet the licence to any other person. |
Rule - 7. Amendment of rule-7.
In the said rules, for
existing rule-8 setout in Column-I below, the rule as setout in Column-II shall
be substituted, namely:-
Column-I |
|
Column-II |
(Existing rule) |
(Rule as hereby substituted ) |
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(1) License in form FL-2 and FL-2B shall be granted to
any person who- |
(1) License in form FL-2 and FL-2B shall be granted to
any person who- |
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(a) be a citizen of India, or is a partnership firm having not more than two
partners, both being citizens of India. No change in partnership shall be
allowed after allotment of shop(s). In the event of death, if a License is
held by an individual, his legal heir(s) if eligible may continue to hold the
License for the remaining period of the License. If a License is jointly held
by two partners, in the event of death of any of them, survivor along with
the legal heir(s) of deceased, if eligible, may continue to hold the License
or in case of death of both partners their legal heir(s), if eligible, may
continue to hold the License. No distinction will be made between the legal
liabilities of the two partners who will be jointly and severally
responsible; |
(a) be a citizen of India, or is a partnership firm having not more than two
partners, both being citizens of India. No change in partnership shall be
allowed after allotment of shop(s). In the event of death, if a License is
held by an individual, his legal heir(s) if eligible may continue to hold the
License for the remaining period of the License. If a License is jointly held
by two partners, in the event of death of any of them, survivor along with
the legal heir(s) of deceased, if eligible, may continue to hold the License
or in case of death of both partners their legal heir(s), if eligible, may
continue to hold the License. No distinction will be made between the legal
liabilities of the two partners who will be jointly and severally
responsible; |
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(b) is above twenty-one years of age at the time of
making application for the grant of License. |
(b) is above twenty-one years of age at the time of
making application for the grant of License; |
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(c) is not a defaulter/blacklisted or debarred from
holding an excise License under the provisions of any rules made under the
Act. |
(c) is not a defaulter/blacklisted or debarred from
holding an excise License under the provisions of any rules made under the
Act; |
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(d) does not possess any License for retail sale of
Country Liquor, Foreign Liquor, Beer and Model Shop. |
(d) does not possess any License for retail sale of
Country Liquor, Foreign Liquor, Beer and Model Shop; |
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(e) submits an affidavit duly verified by notary public
as proof of the following, namely; |
(e) submits an affidavit duly verified by notary public
as proof of the following, namely:- |
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(I) that he possesses or can arrange on rent a suitable
premises 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 can arrange on rent a suitable
premises 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 premises of the shop as shown in sub clause
(e) (1) has not been constructed in violation of any law or rules. |
(II) that premises of the shop as shown in sub clause
(e) (1) 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 they have no criminal background nor have been convicted of any
offence punishable under the United Provinces Excise Act, 1910 or the
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 they have no criminal background nor have been convicted of any
offence punishable under the United Provinces Excise Act, 1910 or the Narcotics
Drugs and Psychotropic Substances Act, 1985 or any other cognizable and
non-bailable offence; |
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(IV) that in case he is selected as licensee he shall
furnish a certificate, prior to issuance of the License, issued by Senior
Superintendent of Police/Superintendent of Police of the District of which he
is the resident, showing that he as well as his family members possess good
moral character and they have no criminal background or criminal history, |
(IV) that in case he is selected as licensee he shall
furnish a certificate, prior to issuance of the License, 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 the
resident, showing that he as well as his family members possess good moral
character and they have no criminal background or criminal history; |
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(V) that he shall not employ any salesman or
representative who has criminal background as mentioned in sub clause(iii) or
who suffers from any infectious or contagious 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 salesman or
representative who has criminal background as mentioned in sub clause(iii) or
who suffers from any infectious or contagious 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, |
(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 arranged the necessary funds, for conducting the business, the details of
which shall be made available to licensing authority is required, |
(VII) that he is solvent and has the necessary funds or
has arranged the necessary funds, for conducting the business, the details of
which shall be made available to licensing authority is 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 agreement/lease/contract shall be cancelled. |
(viii) that applicant is not involved in mafia
activities, antisocial 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 agreement/lease/contract 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. |
(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; |
|
(x) that he shall furnish the PAN no. along with his application
for obtaining the License. |
(x) that he shall furnish the PAN no. along with his
application for obtaining the License; |
|
(xi) that he shall be bearer of solvency certificate
issued by a competent authority or of a certificate of owned property issued
by the approved Income Tax Valuer and his net worth shall be equivalent to
not less than double the amount of the license fee. |
(xi) that he shall be bearer of solvency certificate
issued by a competent authority or of a certificate of owned property issued
by the approved Income Tax Valuer and his net worth shall be equivalent to
not less than double the amount of the license fee. |
Rule - 8. Amendment of rule-8.
In the said rules, for
existing rule-8 setout in Column-I below, the rule as setout in Column-II shall
be substituted, namely:-
Column-I |
|
Column-II |
(Existing rule) |
(Rule as hereby substituted ) |
|
8. Supply of foreign liquor. |
8. Supply of foreign liquor. |
|
(a) The licensee shall procure supplies of foreign
liquor, beer, wine and low alcoholic beverages in bottles/cans/tetrapacks of
the prescribed capacity having label showing M.R.P. (Maximum Retail Price) a
code under security system, affixed on it and approved by the Excise
Department from distilleries, breweries and vinteneries that are Licensed
manufactures of foreign liquor, beer, wine and Low Alcoholic Beverages or
other wholesale shop after making full payment of consideration fee
(including additional consideration fee) in advance through the electronic
means and such other levies, taxes or cess as leviable from time to time. |
(a) The licensee shall procure supplies of foreign
liquor, beer, wine and low alcoholic beverages in bottles/cans/tetrapacks of the
prescribed capacity having label showing M.R.P. (Maximum Retail Price) a code
under security system, affixed on it and approved by the Excise Department
from distilleries, breweries and vinteneries that are Licensed manufactures
of foreign liquor, beer, wine and Low Alcoholic Beverages or other wholesale
shop after making full payment of consideration fee (including additional
consideration fee) in advance through the electronic means and such other
levies, taxes or cess as livable from time to time; |
|
(b) Licensee of FL-2 and FL-2B shall procure supplies
of foreign liquor, beer, wine and low alcoholic beverage from BWFL-2A,
BWFL-2B, BWFL-2C, BWFL-2D and overseas foreign liquor from BIO-1 in
bottles/cans/tetrapacks having labels indicating M.R.P. (Maximum Retail
Price), a code under security system as approved by Excise Department and on
full payment of consideration fee (including additional consideration fee) in
advance through the electronic means and such other levies taxes or cess as
leviable from time to time. |
(b) Licensee of FL-2 and FL-2B shall procure supplies
of foreign liquor, beer, wine and low alcoholic beverage from BWFL-2A,
BWFL-2B, BWFL-2C, BWFL-2D and overseas foreign liquor from BIO-1 in
bottles/cans/tetrapacks having labels indicating M.R.P. (Maximum Retail
Price), a code under security system as approved by Excise Department and on
full payment of consideration fee (including additional consideration fee) in
advance through the electronic means and such other levies taxes or cess as
livable from time to time; |
|
(c) The licensee in form BIO-1 shall procure overseas
foreign liquor from any custom bond in the country. |
(c) The licensee in form BIO-1 shall procure overseas
foreign liquor from any custom bond in the country; |
|
(d) The licensee in form BIO-1 may export overseas
foreign liquor to any person authorized by the designated authority of
importing state, on payment of such fees as prescribed the Excise
Commissioner, with previous approval of the state government. |
(d) The licensee in form BIO-1 may export overseas
foreign liquor to any person authorized by the designated authority of
importing state, on payment of such fees as prescribed the Excise
Commissioner, with previous approval of the state government. This export
will be done through the transport pass generated from the excise portal
after obtaining online export permit from the authorized officer; |
|
(e) Such custom bond holder shall be under obligation
to furnish the details of liquor being imported into and exported out of the
state and such other details as prescribed by the Excise Commissioner. |
(e) Such custom bond holder shall be under obligation
to furnish the details of liquor being imported into and exported out of the
state and such other details as prescribed by the Excise Commissioner; |
|
(f) In case of non-availability of any type of brands
of overseas foreign liquor at importing units, authorized persons may procure
these brands under special permission of Excise Commissioner from custom
bonds established in other states or Union Territories under provisions of
import of overseas of Areign liquor in Uttar Pradesh Rules 2003. |
(f) In case of non-availability of any type of brands
of overseas foreign liquor at importing units, authorized persons may procure
these brands under special permission of Excise Commissioner from custom
bonds established in other states or Union Territories under provisions of
import of overseas foreign liquor in Uttar Pradesh Rules, 2003; |
|
(g) The importing units registered on the excise portal
shall upload the details of custom bond to custom bond transfer of overseas
liquor within the State and outside the State or outside State to within the
State; |
||
|
(h) The importing units registered on the excise portal
and doing business in the State will also be able to obtain liquor from the
registered importing units of other States with the approval of the
authorized officer. The details of receipt and dispatch of liquor in their
custom bond along with re-ware housing certificate of the registered importing
units will be uploaded on the portal within the stipulated time period. |
Rule - 9. Amendment of form FL-2.
In the said rules, for
existing Form FL-2 setout in column-I below, the form as setout in column-II
shall be substituted, namely:-
The Licence is subject to the following special and
general conditions the infraction of any of which or under provisions falling
within the purview of rule-15 relating to the cancellation of licenses as
laid down in The Uttar Pradesh Excise (Settlement of licenses for wholesale
of Foreign Liquor) Rule-2002 (As amended) or a conviction for any offence
under the U.P. Excise Act 1910 or Narcotics Drugs and Psychotropic substance
Act 1985 shall render the licensee(s) liable for forfeiture of the licence
and security deposit, in addition to any penalties under the relevant laws. |
|
The Licence is subject to the following special and
general conditions the infraction of any of which or under provisions falling
within the purview of rule-15 relating to the cancellation of licenses as
laid down in The Uttar Pradesh Excise (Settlement of licenses for wholesale
of Foreign Liquor) Rule-2002 (As amended) or a conviction for any offence
under the U.P. Excise Act 1910 or Narcotics Drugs and Psychotropic substance
Act 1985 shall render the licensee(s) liable for forfeiture of the licence
and security deposit, in addition to any penalties under the relevant laws. |
1. The licensee shall procure supplies of foreign
liquor and wine in bottles/cans/TetraPacks of the prescribed capacity having
a code under Security System, approved by the Excise Department applied on
them, from distilleries, vinteneries, who are licensed manufacturers of
foreign liquor, and wine or other wholesale licenses of foreign liquor after
making full payment of the cost of spirit and wine including privilege fee
(consideration fee) and such other levies/taxes, cess etc. as leviable from
time to time, through e-payment platform. |
1. The licensee shall procure supplies of foreign
liquor and wine in bottles/cans/TetraPacks of the prescribed capacity having
a code under Security System, approved by the Excise Department applied on
them, from distilleries, vinteneries, who are licensed manufacturers of
foreign liquor, and wine or other wholesale licenses of foreign liquor after
making full payment of the cost of spirit and wine including privilege fee
(consideration fee) and such other levies/taxes, cess etc. as leviable from
time to time, through e-payment platform. |
|
2. Licensee in (FL-2) shall procure supplies of foreign
liquor/wine from BWFL-2A, BWFL-2C and BIO-1 after making full payment through
e-payment platform for the cost of foreign liquor and wine including all
levies/taxes, cess etc. |
2. Licensee in (FL-2) shall procure supplies of foreign
liquor/wine from BWFL-2A, BWFL-2C and BIO-1 after making full payment through
e-payment platform for the cost of foreign liquor and wine including all
levies/taxes, cess etc. |
|
3. Maximum retail price shall be printed on the label
of bottles of foreign liquor and wine. The wholesale licence shall not charge
more than the Maximum wholesale price fixed by the Excise Commissioner. If he
do so, he will be penalized. |
3. Maximum retail price shall be printed on the label
of bottles of foreign liquor and wine. The wholesale licence shall not charge
more than the Maximum wholesale price fixed by the Excise Commissioner. If he
do so, he will be penalized. |
|
4. Sales shall only be made in SKUs (Stock Keeping
Units) of sizes/packs as prescribed by the Excise Commissioner with the prior
approval of the state government. |
4. Sales shall only be made in SKUs (Stock Keeping
Units) of sizes/packs as prescribed by the Excise Commissioner with the prior
approval of the state government. |
|
5. The licensee shall maintain a regular and accurate
daily account in the prescribed Form and register (FL-25A), which can be
obtained from licensing authority on payment and the account register shall
produce for inspection whenever asked by the competent authorities. The
licensee shall also furnish account of sale etc. and facilitate and provide
the material and documents required by the inspecting authority and which
shall also be uploaded online on the website of U.P. Excise Department
through MIS at fixed interval. |
5. The licensee shall maintain a regular and accurate
daily account in the prescribed Form and register (FL-25A), which can be
obtained from licensing authority on payment and the account register shall
produce for inspection whenever asked by the competent authorities. The
licensee shall also furnish account of sale etc. and facilitate and provide
the material and documents required by the inspecting authority and which
shall also be uploaded online on the website of U.P. Excise Department
through MIS at fixed interval. |
|
6. Issue of foreign liquor and wine & Overseas
imported liquor from the licensed premises of wholesale point shall be
covered by computer generated transport pass in the form (FL-36A). Salesman,
approved by licensee or by entitled authority and whose specimen of signature
is preserved with the district Excise Officer, shall append signature on the
transport pass. The first copy of transport pass shall be handed over to the
purchaser, second copy shall be made available to District Excise Officer of
the district within 24 hours and third copy of the transport pass shall be
retained by wholesale sellers for the purposes of his record. Batch number,
date of issue and details of a code under Security System shall be recorded
by seller on the transit pass. The Validity of the pass shall be less than
twice the time taking in reaching the destination point. Transport passes
shall be verified online and online verification would be deemed sufficient
as a proof of receipt of liquor. |
6. Issue of foreign liquor and wine & Overseas
imported liquor from the licensed premises of wholesale point shall be
covered by computer generated transport pass in the form (FL-36A). Salesman,
approved by licensee or by entitled authority and whose specimen of signature
is preserved with the district Excise Officer, shall append signature on the
transport pass. The first copy of transport pass shall be handed over to the
purchaser, second copy shall be made available to District Excise Officer of
the district within 24 hours and third copy of the transport pass shall be
retained by wholesale sellers for the purposes of his record. Batch number,
date of issue and details of a code under Security System shall be recorded
by seller on the transit pass. The Validity of the pass shall be less than
twice the time taking in reaching the destination point. Transport passes
shall be verified online and online verification would be deemed sufficient
as a proof of receipt of liquor. |
|
7. Licensee shall maintain a daily shop-wise register
prescribed by the Excise Commissioner and shall send periodic returns of
indents received and total issues made in prescribed form to the District
Excise Officer. In case of issues to retail or wholesale licensee of other
district of the charge, zone in state, if permitted by Excise Commissioner,
the licensee shall also send a copy of the above statement to the concerned
District Excise Officer on the same day and obtain a receipt thereof and also
upload on the specified website of Excise Department. |
7. Licensee shall maintain a daily shop-wise register
prescribed by the Excise Commissioner and shall send periodic returns of
indents received and total issues made in prescribed form to the District
Excise Officer. In case of issues to retail or wholesale licensee of other
district of the charge, zone in state, if permitted by Excise Commissioner,
the licensee shall also send a copy of the above statement to the concerned
District Excise Officer on the same day and obtain a receipt thereof and also
upload on the specified website of Excise Department. |
|
8. The licensee shall store entire stock of foreign
liquor, wine in the licensed premises only. |
8. The licensee shall store entire stock of foreign
liquor, wine in the licensed premises only. |
|
9. The licensee shall affix conspicuous signboard
approved by Excise Commissioner at the entrance to the shop on which the name
of the licensee. designation "licenced wholesale vendor of foreign
liquor" location of the shop period of licence and such other
information as prescribed by Licensing Authority in bold letters shall be
printed. The signboard will also display the following
information's:-"Consumption of liquor is prohibited outside near the
premises of shop or at public places. Any contravention in this regard shall
be punishable." |
9. The licensee shall affix conspicuous signboard
approved by Excise Commissioner at the entrance to the shop on which the name
of the licensee. designation "licenced wholesale vendor of foreign
liquor" location of the shop period of licence and such other information
as prescribed by Licensing Authority in bold letters shall be printed. The
signboard will also display the following information's:-"Consumption of
liquor is prohibited outside near the premises of shop or at public places.
Any contravention in this regard shall be punishable." |
|
10. The licensee shall not employ any person as
salesman who is below twenty-one years of age or is suffering from any
infectious and or contagious disease or has any criminal background or a
woman. The licensee shall have to obtain identity cards of the salesman
bearing their photograph 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 twenty-one years of age or is suffering from any
infectious and or contagious disease or has any criminal background or a
woman. The licensee shall have to obtain identity cards of the salesman
bearing their photograph duly issued by the District Excise Officer, which
shall be produced as and when demanded by inspecting authorities. |
|
11. A licensee holding a licence in form FL-2 may sell
Foreign liquor and wine to the retail license holders of the district and to
retail licensee holding licence issued under The U.P Excise (Grant of Bar
License) Rules 2021 and The U.P. Excise (Settlement of licenses for Premium
retail vends of foreign liquor) Rules 2020 within the jurisdiction of Deputy
Excise Commissioner of the concerned charge unless otherwise permitted by the
Excise Commissioner. |
11. A licensee holding a licence in form FL-2 may sell
Foreign liquor and wine to the retail license holders of the district and to
retail licensee holding licence issued under The U.P Excise (Grant of Bar
License) Rules 2021 and The U.P. Excise (Settlement of licenses for Premium
retail vends of foreign liquor) Rules 2020 within the jurisdiction of Deputy
Excise Commissioner of the concerned charge unless otherwise permitted by the
Excise Commissioner. |
|
12. Licensee will strictly ensure the sale of foreign
liquor and wine in SKUs (Stock Keeping Units) of sizes/packs as prescribed by
the Excise Commissioner with the prior approval of the state government. It
is strictly forbidden under any pretext whatsoever from tampering with the
labels, a code under Security System/Shrink Sleeve, Pilfer proof Seals of
aforesaid bottles. |
12. Licensee will strictly ensure the sale of foreign
liquor and wine in SKUs (Stock Keeping Units) of sizes/packs as prescribed by
the Excise Commissioner with the prior approval of the state government. It
is strictly forbidden under any pretext whatsoever from tampering with the
labels, a code under Security System/Shrink Sleeve, Pilfer proof Seals of
aforesaid bottles. |
|
13. The licensee shall not keep in his licensed
premises any spirit, color, essence, a code making apparatus, shrink sleeve,
labels, capsule, seals or any other noxious material. |
13. The licensee shall not keep in his licensed
premises any spirit, color, essence, a code making apparatus, shrink sleeve,
labels, capsule, seals or any other noxious material. |
|
14. The premises in which a shop is situated shall not
be used as a place of residence except by the licensee/salesman and his
family. |
14. The premises in which a shop is situated shall not
be used as a place of residence except by the licensee/salesman and his
family. |
|
15. The licensed premises shall remain open for sale on
all days from 9.00 am. in the morning to 8.00 pm in the evening, except on
14th April (Ambedkar Jayanti), 15th August (Independence Day), 2nd October
(Gandhi Jayanti), 26 January (Republic Day) and upto 3 more days as notified
for closure by the Collector. Collector or 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. |
15. The licensed premises shall remain open for sale on
all days from 9.00 am. in the morning to 8.00 pm in the evening, except on
14th April (Ambedkar Jayanti), 15th August (Independence Day), 2nd October
(Gandhi Jayanti), 26 January (Republic Day) and upto 3 more days as notified
for closure by the Collector. Collector or 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. |
|
16. The licensee shall not carry out any other business
in the premises except the business of foreign liquor, wine as well as of
overseas imported foreign liquor and wine for which licence is granted |
16. The licensee shall not carry out any other business
in the premises except the business of foreign liquor, wine as well as of
overseas imported foreign liquor and wine for which licence is granted |
|
Provided that if FL-2B licence is sanctioned in favour
of licensee, then such licence can be run in this premises |
Provided that if FL-2B licence is sanctioned in favour
of licensee, then such licence can be run in this premises |
|
17. The licensee shall follow the order of Excise
Commissioner issued from time to time. |
17. The licensee shall follow the order of Excise
Commissioner issued from time to time. |
|
18. Wholesaler shall keep all popular brands in
sufficient quantity for sale. |
18. Wholesaler shall keep all popular brands in
sufficient quantity for sale. |
|
19. Licensee shall install C.C.T.V. cameras near
opening gate and within godown of licenced premises which could easily be
monitored from Excise Headquarter through I.P. address. |
19. Licensee shall install C.C.T.V. cameras near
opening gate and within godown of licenced premises which could easily be
monitored from Excise Headquarter through I.P. address. |
|
20. The licensee shall make necessary arrangements for
security system and fire fighting instrument. |
20. The licensee shall make necessary arrangements for
security system and fire fighting instrument. |
|
21. Consignment of foreign liquor and wine from
distilleries and vinteneries along with bonded warehouse BWFL-2A, BWFL-2C and
BIO-1 shall be transported only through the vehicles fitted with G.P.S.
System. |
21. Consignment of foreign liquor and wine from
distilleries and vinteneries along with bonded warehouse BWFL-2A, BWFL-2C and
BIO-1 shall be transported only through the vehicles fitted with G.P.S.
System. |
|
22. Licensee shall not have any retail licence of
country liquor, foreign liquor, beer or model shop. |
22. Licensee shall not have any retail licence of
country liquor, foreign liquor, beer or model shop. |
|
23. Licensee shall employ computer operator for the
upkeep and maintenance of records. |
23. Licensee shall employ computer operator for the
upkeep and maintenance of records. |
|
24. Licensee shall install a computer in his godown premises
and collect consolidated information in prescribed proformas and upload this
on designated portal of the excise department. |
24. Licensee shall install a computer in his godown
premises and collect consolidated information in prescribed proformas and
upload this on designated portal of the excise department. |
|
25. Licensee shall ensure lifting of liquor from his
godown premises in sealed cartons after scanning of security code on them . |
25. Licensee shall ensure lifting of liquor from his
godown premises in sealed cartons after scanning of security code on them . |
|
26. The licensee shall submit the list of salesmen to
the Excise Commissioner/officer authorized by Excise Commissioner for sale of
liquor at his wholesale shop who will accordingly issue Naukarnama in
prescribed form. |
||
Date ....................... |
Date ....................... |
|
District ............... |
District ............... |
|
Excise Commissioner Uttar Pradesh |
Excise Commissioner Uttar Pradesh |
Rule - 10. Amendment of Form FL-2B.
In the said rules, for
existing Form FL-2B setout in Column-I below, the Form as setout in Column-II
shall be substituted, namely:-
The Licence is subject to the following special and
general conditions the infraction of any which or a conviction of any offence
under the U.P. Excise Act 1910 or Narcotics Drugs and Psychotropic substance
Act, 1985 shall render the licensee(s) liable for forfeiture of the licence
in security deposit, in addition to any penalties under the relevant laws. |
|
The Licence is subject to the following special and
general conditions the infraction of any which or a conviction of any offence
under the U.P. Excise Act 1910 or Narcotics Drugs and Psychotropic substance
Act, 1985 shall render the licensee(s) liable for forfeiture of the licence
in security deposit, in addition to any penalties under the relevant laws. |
1. The licensee shall procure supplies of beer in
bottles and cans, as well as low alcoholic beverages in bottles of the
prescribed capacity having a code under security system, approved by the
Excise Department, applied on them, from distilleries, and breweries, who are
licensed manufacturers of beer and low alcoholic beverages or other wholesale
shops after full payment in advance of privilege fees and such other levies,
as leviable from time to time through e-payment platform. |
1. The licensee shall procure supplies of beer in
bottles and cans, as well as low alcoholic beverages in bottles of the
prescribed capacity having a code under security system, approved by the
Excise Department, applied on them, from distilleries, and breweries, who are
licensed manufacturers of beer and low alcoholic beverages or other wholesale
shops after full payment in advance of privilege fees and such other levies,
as leviable from time to time through e-payment platform. |
|
2. Licensee in (FL-2B) shall procure supplies of Beer
and low alcoholic beverages from BWFL-2B, BWFL-2D and BIO-1 after making full
payment through electronic means of the cost of beer and low alcoholic
beverages including all levis/taxes, cess etc. |
2. Licensee in (FL-2B) shall procure supplies of Beer
and low alcoholic beverages from BWFL-2B, BWFL-2D and BIO-1 after making full
payment through electronic means of the cost of beer and low alcoholic
beverages including all levis/taxes, cess etc. |
|
3. Maximum retail price shall be printed on the label
of bottles and cans of beer and low alcoholic beverages. The wholesale
licence shall not charge more than the Maximum wholesale price fixed by the
Excise Commissioner otherwise he shall be penalised. |
3. Maximum retail price shall be printed on the label
of bottles and cans of beer and low alcoholic beverages. The wholesale
licence shall not charge more than the Maximum wholesale price fixed by the
Excise Commissioner otherwise he shall be penalized. |
|
4. Sales shall only be made in quantities exceeding one
or more than one sealed cartoons of bottles any one kind of beer, and Low
Alcoholic Beverages. |
4. Sales shall only be made in quantities exceeding one
or more than one sealed cartoons of bottles any one kind of beer, and Low
Alcoholic Beverages. |
|
5. The licensee shall maintain a regular and accurate
daily account in the prescribed Form and register (FL-25A), which can be
obtained from licensing authority on payment and the account register shall
produced for inspection whenever asked by the competent authorities. The
licensee shall also furnish account of sale etc. and facilitate and provide
the material and documents required by the inspecting authority and which
shall also be uploaded online on the website of Uttar Pradesh Excise
Department through MIS (Management Information System) at fixed intervals. |
5. The licensee shall maintain a regular and accurate
daily account in the prescribed Form and register (FL-25A), which can be
obtained from licensing authority on payment and the account register shall
produced for inspection whenever asked by the competent authorities. The
licensee shall also furnish account of sale etc. and facilitate and provide
the material and documents required by the inspecting authority and which
shall also be uploaded online on the website of Uttar Pradesh Excise
Department through MIS (Management Information System) at fixed intervals. |
|
6. Issue of beer and low alcoholic beverages from the licenced
premises of wholesale points shall be covered by computer generated transport
pass in the Form F.L.-36A prescribed by the Excise Commissioner in
triplicate. The first copy of transport pass shall be handed over to the
licensee purchasing beer and low alcoholic beverages, and second copy shall
be made available to District Excise Officer of the district latest within 24
hours and wholesale licensee shall retain the third copy of the transport
pass to his record batch number, date of issue, time, quantity and number of
code under security system shall be recorded on the transport pass. The
Validity of the pass shall be less than twice the time taking in reaching the
destination point. Transport passes shall be verified online and online
verification would be deemed sufficient as a proof of receipt of liquor. |
6. Issue of beer and low alcoholic beverages from the
licenced premises of wholesale points shall be covered by computer generated
transport pass in the Form F.L.-36A prescribed by the Excise Commissioner in
triplicate. The first copy of transport pass shall be handed over to the
licensee purchasing beer and low alcoholic beverages, and second copy shall
be made available to District Excise Officer of the district latest within 24
hours and wholesale licensee shall retain the third copy of the transport
pass to his record batch number, date of issue, time, quantity and number of
code under security system shall be recorded on the transport pass. The
Validity of the pass shall be less than twice the time taking in reaching the
destination point. Transport passes shall be verified online and online
verification would be deemed sufficient as a proof of receipt of liquor. |
|
7. Licensee shall maintain a daily shop-wise register
prescribed by the Excise Commissioner and shall send periodic returns of
indents received and total issues made in prescribed form to the District
Excise Officer. In case of issues to retail or wholesale licensee of other
district of the charge, zone in state, if permitted by Excise Commissioner,
the licensee shall also send a copy of the above statement to the concerned
District Excise Officer on the same day and obtain a receipt thereof and also
upload on the specific website of the Excise Department of Uttar Pradesh. |
7. Licensee shall maintain a daily shop-wise register
prescribed by the Excise Commissioner and shall send periodic returns of
indents received and total issues made in prescribed form to the District
Excise Officer. In case of issues to retail or wholesale licensee of other
district of the charge, zone in state, if permitted by Excise Commissioner,
the licensee shall also send a copy of the above statement to the concerned
District Excise Officer on the same day and obtain a receipt thereof and also
upload on the specific website of the Excise Department of Uttar Pradesh. |
|
8. The licensee shall store entire stock of beer, and
low alcoholic beverages in the licenced premises only. |
8. The licensee shall store entire stock of beer, and
low alcoholic beverages in the licenced premises only. |
|
9. The licensee shall affix conspicuous signboard
approved by Excise Commissioner at the entrance to the shop on which the name
of the licensee, designation "licenced wholesale vendor of beer"
location of the shop period of licence and such other information as
prescribed by Licensing Authority in bold letters shall be printed. The
signboard will also display the following information's:- "Consumption of liquor is prohibited outside near
the premises of shop or at public places. Any contravention in this regard
shall be punishable." |
9. The licensee shall affix conspicuous signboard
approved by Excise Commissioner at the entrance to the shop on which the name
of the licensee, designation "licenced wholesale vendor of beer "
location of the shop period of licence and such other information as
prescribed by Licensing Authority in bold letters shall be printed. The
signboard will also display the following information's:- "Consumption of liquor is prohibited outside near
the premises of shop or at public places. Any contravention in this regard
shall be punishable." |
|
10. The licensee shall not employ any person as
salesman who is below 21 years of age or is suffering from any infectious and
or contagious disease or has any criminal background or a woman. The licensee
shall have to obtain identity cards of the salesman bearing their photograph
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 and
or contagious disease or has any criminal background or a woman. The licensee
shall have to obtain identity cards of the salesman bearing their photograph
duly issued by the District Excise Officer, which shall be produced as and
when demanded by inspecting authorities. |
|
11. A licensee holding a licence in form FL-2B may sell
beer, and low alcoholic beverages to the retail license holders of the
district and to retail licensee holding licence issued under The U.P Excise
(Grant of Bar License) Rules 2021 and The U.P. Excise (Settlement of licenses
for Premium retail vends of foreign liquor) Rules 2020 within the
jurisdiction of Deputy Excise Commissioner of the concerned charge unless
otherwise permitted by the Excise Commissioner. |
11. A licensee holding a licence in form FL-2B may sell
beer, and low alcoholic beverages to the retail license holders of the
district and to retail licensee holding licence issued under The U.P Excise
(Grant of Bar License) Rules 2021 and The U.P. Excise (Settlement of licenses
for Premium retail vends of foreign liquor) Rules 2020 within the
jurisdiction of Deputy Excise Commissioner of the concerned charge unless
otherwise permitted by the Excise Commissioner. |
|
12. The License is strictly forbidden under any pretext
whatsoever from tampering with bottles and cans their labels a code under
security system, Shrink Sleeve, Pilfer proof Seals. |
12. The License is strictly forbidden under any pretext
whatsoever from tampering with bottles and cans their labels a code under
security system, Shrink Sleeve, Pilfer proof Seals. |
|
13. The licensee shall not keep in his licence premises
any spirit, caramel, color, essence, a code making apparatus, shrink sleeve,
labels, capsule, seals and any other noxious material. |
13. The licensee shall not keep in his licence premises
any spirit, caramel, color, essence, a code making apparatus, shrink sleeve,
labels, capsule, seals and any other noxious material. |
|
14. The premises in which a shop is situated shall not
be used as a place of residence except by the licensee/salesman and his
family. |
14. The premises in which a shop is situated shall not
be used as a place of residence except by the licensee/salesman and his
family. |
|
15. The license premises shall remain open for sale on
all days from 9.00 am. to 8.00 pm, except on 14th April (Ambedkar Jayanti),
15th August (Independence Day), 2nd October (Gandhi Jayanti), 26 January
(Republic Day) and upto 3 more days as notified for closure by the Collector.
Collector or Licensing Authority may also order closure of shop in 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. |
15. The license premises shall remain open for sale on
all days from 9.00 am. to 8.00 pm, except on 14th April (Ambedkar Jayanti),
15th August (Independence Day), 2nd October (Gandhi Jayanti), 26 January
(Republic Day) and upto 3 more days as notified for closure by the Collector.
Collector or Licensing Authority may also order closure of shop in 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. |
|
16. The licensee shall not carry out any other business
in the premises except the business of beer or low alcoholic beverages for
which licence is granted. |
16. The licensee shall not carry out any other business
in the premises except the business of beer or low alcoholic beverages for
which licence is granted. |
|
17. The licensee shall abide by the general or specific
instructions issued from time to time. |
17. The licensee shall abide by the general or specific
instructions issued from time to time. |
|
18. Wholesaler shall keep all popular brands in
sufficient quantity for sale |
18. Wholesaler shall keep all popular brands in
sufficient quantity for sale |
|
19. Licensee shall install C.C.T.V. cameras near opening
gate and within godown of licenced premises which could easily be monitored
from Excise Headquarter through I.P. address. |
19. Licensee shall install C.C.T.V. cameras near
opening gate and within godown of licenced premises which could easily be monitored
from Excise Headquarter through I.P. address. |
|
20. The licensee shall make necessary arrangements for
security system and fire fighting instrument. |
20. The licensee shall make necessary arrangements for
security system and fire fighting instrument. |
|
21. Consignment of beer and low alcoholic beverages
from distilleries, breweries and bonded godown (BWFL-2B/BWFL-2D and BIO-1)
shall be transported only through the vehicles fitted with G.P.S. (Global
Positioning System). |
21. Consignment of beer and low alcoholic beverages
from distilleries, breweries and bonded godown (BWFL-2B/BWFL-2D and BIO-1)
shall be transported only through the vehicles fitted with G.P.S. (Global
Positioning System). |
|
22. Licensee shall not have any retail licence of
country liquor, Foreign Liquor, Beer or Model Shop. |
22. Licensee shall not have any retail licence of
country liquor, Foreign Liquor, Beer or Model Shop. |
|
23. Licensee shall employ computer operator for the
upkeep and maintenance of records. |
23. Licensee shall employ computer operator for the
upkeep and maintenance of records. |
|
24. Licensee shall install a computer in his godown
premises and collect consolidated information in prescribed proformas and
upload this on designated portal of the excise department. |
24. Licensee shall install a computer in his godown
premises and collect consolidated information in prescribed proformas and
upload this on designated portal of the excise department. |
|
25- Licensee shall ensure lifting of liquor from his
godown premises in sealed cartons after scanning of security code on them. |
25- Licensee shall ensure lifting of liquor from his
godown premises in sealed cartons after scanning of security code on them. |
|
26- The licensee shall submit the list of salesmen to
the Excise Commissioner/officer authorized by Excise Commissioner for sale of
liquor at his wholesale shop who will accordingly issue Naukarnama in
prescribed form. |
||
Date ....................... District |
Date ....................... District |
|
Licensing Authority |
Licensing Authority |
Rule - 11. Amendment of form BIO-1.
In the said rules, for
existing form BIO-1setout in Column-I below, the Form as setout in Column-II
shall be substituted, namely:-
The Licence is subject to the following special and
general conditions, the infraction of any of which or a conviction for any
offence under the U.P. Excise Act 1910 or Narcotics Drugs and Psychotropic
substance Act 1985 shall render the licensee(s) liable for forfeiture of the
licence and security deposit, in addition to any penalties liable to be
inflicted under the relevant laws. |
|
The Licence is subject to the following special and
general conditions, the infraction of any of which or a conviction for any
offence under the U.P. Excise Act 1910 or Narcotics Drugs and Psychotropic
substance Act 1985 shall render the licensee(s) liable for forfeiture of the
licence and security deposit, in addition to any penalties liable to be
inflicted under the relevant laws. |
1. The licensee shall import and store overseas foreign
liquor under the rule-3, 4 and 5 of "Import of overseas foreign liquor
rule Uttar Pradesh-2003". |
1. The licensee shall import and store overseas foreign
liquor under the rule-3, 4 and 5 of "Import of overseas foreign liquor
rule Uttar Pradesh-2003". |
|
2. Sales from de-bonded warehouse shall only be made in
SKUs (Stock Keeping Units) of sizes/packs as prescribed by the Excise
Commissioner with the prior approval of the state government. |
2. Sales from de-bonded warehouse shall only be made in
SKUs (Stock Keeping Units) of sizes/packs as prescribed by the Excise
Commissioner with the prior approval of the state government. |
|
3. The brands of overseas foreign liquor shall be
registered either by brand owner or its authorized principal importer or any
other importing unit. |
3. The brands of overseas foreign liquor shall be
registered either by brand owner or its authorized principal importer or any
other importing unit. |
|
4. The licensee shall maintain a regular and accurate
daily account in the prescribed Form and register FL-25A which can be
obtained from licensing authority on payment and the account register shall
produce for inspection whenever asked by the competent authorities. The
licensee shall also furnish account of sale etc. and facilitate and provide
the material and documents required by the inspecting authority and also be
uploaded online on the portal of U.P. Excise Department. |
4. The licensee shall maintain a regular and accurate
daily account in the prescribed Form and register FL-25A which can be
obtained from licensing authority on payment and the account register shall
produce for inspection whenever asked by the competent authorities. The
licensee shall also furnish account of sale etc. and facilitate and provide
the material and documents required by the inspecting authority and also be
uploaded online on the portal of U.P. Excise Department. |
|
5. The transport of Overseas foreign liquor from the
de-bonded warehouse shall be covered by the FL-36 pass, this computer
generated pass will be issued by licensee or by salesman approved by the
authorized officer, whose specimen signature will be kept in the office of
the District Excise Officer. First copy of the computer generated pass shall
be given to the purchaser and second copy will be sent to the District Excise
Officer of the district concerned within 24 hours. Third copy of the pass
will be retained for record. Transport passes shall be verified online and
online verification would be deemed sufficient as a proof of receipt of
liquor. |
5. The transport of Overseas foreign liquor from the
de-bonded warehouse shall be covered by the FL-36 pass, this computer
generated pass will be issued by licensee or by salesman approved by the
authorized officer, whose specimen signature will be kept in the office of
the District Excise Officer. First copy of the computer generated pass shall
be given to the purchaser and second copy will be sent to the District Excise
Officer of the district concerned within 24 hours. Third copy of the pass
will be retained for record. Transport passes shall be verified online and
online verification would be deemed sufficient as a proof of receipt of
liquor. |
|
6. Licensee shall maintain a daily wholesale register
prescribed by the Excise Commissioner and shall sent periodic returns of
indents received and total issue made in prescribed form to the district
excise officer. In case of issues to retail licensee of state, information
regarding issues shall be given to the district excise officer concerned and
also upload on the portal of the Excise Department of U.P. |
6. Licensee shall maintain a daily wholesale register
prescribed by the Excise Commissioner and shall sent periodic returns of
indents received and total issue made in prescribed form to the district
excise officer. In case of issues to retail licensee of state, information
regarding issues shall be given to the district excise officer concerned and
also upload on the portal of the Excise Department of U.P. |
|
7. The licensee shall keep Overseas foreign liquor only
in the licenced premises. |
7. The licensee shall keep Overseas foreign liquor only
in the licenced premises. |
|
8. The licensee shall affix conspicuous signboard
approved by Excise Commissioner at the entrance to the shop on which the name
of the licensee, designation "Wholesale licensee of Overseas foreign
liquor" location of the shop period of licence and such other
information as prescribed by Licensing Authority in bold letters shall be
printed. The signboard will also display the following informations:-"Consumption
of liquor is prohibited outside near the premises of shop or at public
places. Any contravention in this regard shall be punishable." |
8. The licensee shall affix conspicuous signboard
approved by Excise Commissioner at the entrance to the shop on which the name
of the licensee, designation "Wholesale licensee of Overseas foreign
liquor" location of the shop period of licence and such other
information as prescribed by Licensing Authority in bold letters shall be
printed. The signboard will also display the following
informations:-"Consumption of liquor is prohibited outside near the
premises of shop or at public places. Any contravention in this regard shall
be punishable." |
|
9. The licensee shall not employ any person as salesman
who is below 21 years of age or is suffering from any infectious and or
contagious disease or has any criminal background or a woman. The licensee
shall have to obtain identity cards of the salesman bearing their photograph
duly issued by the District Excise Officer, which shall be produced as and
when demanded by inspecting authorities. |
9. The licensee shall not employ any person as salesman
who is below 21 years of age or is suffering from any infectious and or
contagious disease or has any criminal background or a woman. The licensee
shall have to obtain identity cards of the salesman bearing their photograph
duly issued by the District Excise Officer, which shall be produced as and
when demanded by inspecting authorities. |
|
10. The licensee shall sell Overseas foreign liquor in
bottles and cans with affixed code under security system to the wholesale
licensee holding licence in form F.L.-2 and F.L.-2B as well as retail licence
issued under The U.P Excise (Grant of Bar License) Rules 2021 and The U.P.
Excise (Settlement of licenses for Premium retail vends of foreign liquor)
Rules 2020on payment of permit fee, to other custom bonds on bill of entry
and export to other states on payment of export permit fee. |
10. The licensee shall sell Overseas foreign liquor in
bottles and cans with affixed code under security system to the wholesale
licensee holding licence in form F.L.-2 and F.L.-2B as well as retail licence
issued under The U.P Excise (Grant of Bar License) Rules 2021 and The U.P.
Excise (Settlement of licenses for Premium retail vends of foreign liquor)
Rules 2020on payment of permit fee, to other custom bonds on bill of entry
and export to other states on payment of export permit fee. |
|
11. The licensee will not deface in any circumstances
the labels of bottle and cane, code under security system, PP cap or seal. |
11. The licensee will not deface in any circumstances
the labels of bottle and cane, code under security system, PP cap or seal. |
|
12. The licensee shall not keep in his licence premises
any spirit, color, essence, code making apparatus, shring sleeve, labels,
capsule, seals or any other noxious material. |
12. The licensee shall not keep in his licence premises
any spirit, color, essence, code making apparatus, shring sleeve, labels,
capsule, seals or any other noxious material. |
|
13. The premises in the bond is situated shall not be
used as a place of residence except by the licensee/salesman and his family. |
13. The premises in the bond is situated shall not be
used as a place of residence except by the licensee/salesman and his family. |
|
14. The de-bonded license premises shall be operated
for sale on all days from 9.00 am. to 8.00 pm, except on 14th April (Ambedkar
Jayanti), 15th August (Independence Day), 2nd October (Gandhi Jayanti), 26
January (Republic Day) and upto 3 more days as notified for closure by the
Collector. Collector or Licensing Authority may also order closure of shop in
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. |
14. The de-bonded license premises shall be operated
for sale on all days from 9.00 am. to 8.00 pm, except on 14th April (Ambedkar
Jayanti), 15th August (Independence Day), 2nd October (Gandhi Jayanti), 26
January (Republic Day) and upto 3 more days as notified for closure by the
Collector. Collector or Licensing Authority may also order closure of shop in
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. |
|
15. The licensee shall not carry out any other business
in the premises except the business of overseas foreign liquor for which
licence is granted |
15. The licensee shall not carry out any other business
in the premises except the business of overseas foreign liquor for which
licence is granted. |
|
16. The licensee shall follow the order of Excise
Commissioner issued from time to time. |
16. The licensee shall follow the order of Excise
Commissioner issued from time to time. |
|
17. Licensee shall keep popular brands of overseas
foreign liquor in sufficient quantity for sale. |
17. Licensee shall keep popular brands of overseas
foreign liquor in sufficient quantity for sale. |
|
18. Licensee shall install C.C.T.V. cameras near
opening gate and within godown of licenced premises which could easily be
monitored from Excise Headquarter through I.P. address. |
18. Licensee shall install C.C.T.V. cameras near
opening gate and within godown of licenced premises which could easily be
monitored from Excise Headquarter through I.P. address. |
|
19. The licensee shall make necessary arrangements for
security system and fire fighting instrument. |
19. The licensee shall make necessary arrangements for
security system and fire fighting instrument. |
|
20. Consignment of overseas foreign liquor shall be
transported only through the vehicles fitted with G.P.S. System. |
20. Consignment of overseas foreign liquor shall be
transported only through the vehicles fitted with G.P.S. System. |
|
21. Licensee shall not have any licence for retail sale
of Country Liquor, Foreign Liquor, Beer or Model Shop. |
21. Licensee shall not have any licence for retail sale
of Country Liquor, Foreign Liquor, Beer or Model Shop. |
|
22. Licensee shall employ computer operator for the
upkeep and maintenance of records. |
22. Licensee shall employ computer operator for the
upkeep and maintenance of records. |
|
23. Licensee shall install a computer in his godown
premises and collect consolidated information in prescribed proformas and
upload this on designated portal of the excise department. |
23. Licensee shall install a computer in his godown
premises and collect consolidated information in prescribed proformas and
upload this on designated portal of the excise department. |
|
24. Licensee shall ensure lifting of liquor from his
godown premises in sealed cartons/monocarton of bottle after scanning of
security code on them. |
24. Licensee shall ensure lifting of liquor from his
godown premises in sealed cartons/monocarton of bottle after scanning of
security code on them. |
|
25. Licensee may sell imported liquor to authorized
persons within the state on gate pass in form Fl-36 on payment of permit
fees. |
25. Licensee may sell imported liquor to authorized
persons within the state on gate pass in form Fl-36 on payment of permit
fees. |
|
26. The licensee in form BIO-1 may export overseas
foreign liquor to any person authorized by the designated authority of
importing state, on payment of such fees as prescribed the Excise
Commissioner, with previous approval of the state government. |
26. The licensee in form BIO-1 may export overseas
foreign liquor to any person authorized by the designated authority of
importing state, on payment of such fees as prescribed the Excise
Commissioner, with previous approval of the state government. |
|
27. Such BIO-1 licence holder shall be under obligation
to furnish the details of liquor being imported into and exported out of the
state and such other details as prescribed by the Excise Commissioner. |
27. Such BIO-1 licence holder shall be under obligation
to furnish the details of liquor being imported into and exported out of the
state and such other details as prescribed by the Excise Commissioner. |
|
28. BIO-1 license holders will be affiliated to only
one custom bond located in the same district. |
||
29. The licensee shall submit the list of salesmen to
the Excise Commissioner/officer authorized by Excise Commissioner for sale of
liquor at his wholesale shop who will accordingly issue Naukarnama in
prescribed form. |
||
Date ....................... Place ................... Licensing Authority |
Date ....................... Place ................... Licensing Authority |