UTTAR
PRADESH EXCISE (SETTLEMENT OF LICENSES FOR WHOLESALE OF FOREIGN LIQUOR)
(TWELFTH AMENDMENT) RULES, 2021
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 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 published with the Excise Commissioner's
Notification No. 31277/X-License-60/FL-2/Wholesale Niyamawali, dated March 26,
2002 (2002-LLT-V-98[85]):
Rule - 1. Short title and commencement.
(1)
These rules may be called the Uttar Pradesh
Excise (Settlement of Licenses for Wholesale of Foreign Liquor) (Twelfth
Amendment) Rules, 2021.
(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, the following
rule shall be substituted, namely
(1)
In these rules unless there is anything
repugnant in the subject or context.
(a)
"Act" means the United Provinces
Excise Act, 1910 as amended from time to time;
(b)
"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.
(c)
"Beer" includes ale stout, porter,
cider and all other fermented liquors made from Malt having alcoholic strength
from 3% v/v up to 8% v/v.
(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.
(e)
"Excise Year" means the financial
year commencing on 1st April and ending with 31st March of the next calendar
year;
(f)
"Family" means and includes spouse
(husband or wife), dependent son(s), unmarried daughter (s) and dependent
parents;
(g)
"Form" means a form appended to
these Rules;
(h)
"Licensing Authority" means the
Excise Commissioner, U.P.;
(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;
(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;
Provided that in case of
renewal security deposited prior in cash or through National saving Certificate
shall be acceptable till it is not refunded;
(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;
(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;
(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;
(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;
(o)
"Solvency" means financial
eligibility criteria set for an applicant applying for the grant of wholesale
License;
(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;
(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.
(r)
"Importing unit" means either a
brand owner or principal importer or any person or entity authorized to import
liquor into the country;
(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;
(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 Rule 3, the following rule shall be substituted, namely-
Period of license.-
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-1 A 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, the following rule shall be substituted, namely-
Types of wholesale Licences
for foreign liquor, beer, wine and Low Alcoholic Beverages.-
(1)
There shall be Six types of licences for
wholesale of foreign liquor, beer, wine and Low Alcoholic Beverages i.e.
(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.
(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.
(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.
(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.
(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.
(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.
(2)
The Aforesaid importing units shall fulfil
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
(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.
(c)
It shall declare the details of custom bonded
ware houses in which liquor shall be imported and stored.
(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.
(e)
The importing unit may procure overseas
foreign liquor from any custom bond in the country.
(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.
(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.
(h)
It shall be authorized to sell only those
brands of overseas foreign liquor registered in the state.
Rule - 5. Amendment of Rule 6.
In the said rules, for
existing Rule 6, the following rule shall be substituted, namely:
(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 plat form 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 submitted online. The license in Form FL-2, FL-2B shall be in every
district:
Provided further that for
the grant of license in Form FL-1, FL-1A and FL-2A, proof of solvency is not
required.
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.
(a)
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.
(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.
(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:
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.
(2)
The Licensee shall not be permitted to
transfer or sublet the licence to any other person.
Rule - 6. Amendment of Rule 8.
In the said rules, for
existing Rule 8, the following rule shall be substituted, namely:
(a)
The licensee shall procure supplies of
foreign liquor, beer, wine and low alcoholic beverages in bottles/cans/tetra
packs 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.
(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/tetra packs 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.
(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.
(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 foreign liquor in Uttar Pradesh Rules, 2003.
Rule - 7. Amendment of Rule 9.
In the said rules, for
existing Rule 9, the following rule shall be substituted, namely:
(a)
Licensee in Form FL-1, FL-1A shall sell
foreign liquor, beer, wine and Low Alcoholic Beverages to wholesaler (FL-2,
FL-2A and FL-2B) of the State of Uttar Pradesh and shall not realize from them
more than ex-factory price/ex-brewery price and consideration fee (including
additional consideration fee) or any other tax or fee if any.
Provided that if a licensee
in Form FL-3 or FL3A issued under the U.P Bottling of Foreign Liquor Rules, has
a license in Form FL-1 or FL-1A at the same place, he may dispatch directly
from FL3 or FL3A premises on payment of consideration fee (including additional
consideration fee) or any other tax or fee if any.
(b)
(i) Licence in Form FL-2-A shall sell foreign
liquor, beer, wine & Low Alcoholic Beverages and overseas foreign liquor to
military canteens/Para military forces canteens having licence FL-9 and
concessional rum to FL-9(A) licences. Licensee in Form FL-2-A while purchasing foreign
liquor from FL-1 or FL-1-A shall record separately in the indent for the sale
of rum by FL-9-A Licensee and shall separately give indent for the spirit in
which rum, whisky, gin, vodka and brandy are included to be sold under FL-9
Licence and also shall store separately the rum to be sold under the licence in
Form FL-9-A in the wholesale Licensed premises.
(ii) For supply from other
States, the licensee shall produce the list of brand registration in Uttar
Pradesh of such distillery/brewery/vintenery and deposit the consideration fee
(including additional consideration fee) through e-payment platform in
Government Treasury, according to the category of Foreign Liquor, minimum or as
percentage of MRP for wine and according to the strength of the beer, Low
Alcoholic Beverages the licensee shall produce the e-challan of consideration
fee (including additional consideration fee) and e-challan of import duty to
the District Excise officer of the concerned district who will issue the import
permit. After arrival of the consignment, the code under security system
approved by the Excise Department shall be affixed on every bottle/can/tetra
pack.
(c)
(i) A License holder in Form FL-2 shall make
sale of Foreign liquor, wine including imported foreign liquor and wine. FL-2-B
shall make sale of beer, low alcoholic beverages including imported beer and
low alcoholic beverages to the retail licensees of the district.
Provided that no sale shall
be made to the retail licensees of Foreign liquor, beer or wine or low alcoholic
beverages of other district/districts for whom FL-2/FL-2B license could not be
sanctioned, except under permission of the Excise Commissioner. The licensee
shall have to pay additional licence fee for this additional sale.
(ii) A licensee holding a
licence in Form FL-2 may sell Foreign liquor, wine and licensee holding a
licence in Form FL-2-B may sell beer, low alcoholic beverages to retail
licensee holding licence issued under the U.P Excise (Grant of Bar License)
Rules, 2020 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.
(iii) The licensee in form
BIO-1 shall sell overseas foreign liquor to wholesale licensee holding licence
in form F.L.-2, F.L.-2 A, F.L.-2B and licences 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 state.
Rule - 8. Amendment of Rule 10.
In the said rules, for
existing Rule 10, the, following rule shall be substituted, namely:
(I)
Issue of liquor from wholesale shop shall be
covered by the transport pass. For transport of liquor wholesale Licensee shall
prepare computer generated transport pass in the form prescribed by the Excise
Commissioner in triplicate. The first copy of transport pass shall be handed to
the Licensee purchasing liquor, and second copy shall be made available to District
Excise Officer of the concerned District latest within 24 hours, wholesale
licensee shall retain the third copy of the transport pass to his record.
Transport passes shall be verified online on the portal of Excise Department
and online verification would be deemed sufficient as a proof of receipt of
liquor.
(II)
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
districts of the charge, zone in State 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. He shall also upload such information on the
website of Uttar Pradesh Excise Department through M.I.S. (Management
Information System).
Rule - 9. Amendment of Rule 14.
In the said rules, for
existing Rule 14, the following rule shall be substituted, namely
(a)
Wholesale Licensee shall store foreign
liquor, beer, wine and Low Alcoholic Beverages including overseas foreign
liquor in the approved premises only:
Provided that holder of
license in form BIO-1 may store overseas foreign liquor in debonded ware house
approved by the Excise Commissioner, after payment of prescribed permit fees.
(b)
Wholesale Licensee is not permitted to
dilute, blend or color liquor or keep any color, essence or a code generating
apparatus in his approved premises.
(c)
Operation of licence shall be done by the
licensee himself or through his authorized salesman and Licensee shall not be
permitted to transfer or sublet the Licence to any other person. Licensee shall
be held responsible for any breaches of these rules or irregularities committed
by his authorized salesman.
(d)
Licensee shall install a computer in his
godown premises and collect consolidated information in prescribed proformas
and upload this on the designated portal of the excise department.
Rule - 10. Amendment of Rule 1.
In the said rules, for
existing Form FL-1, the following rule shall be substituted, namely-
Manufacturer's licence for
the wholesale vend of foreign liquor, beer, wine and low alcoholic beverages
other than denatured spirit manufactured by himself licence wholesale vendors
of foreign liquor only.
|
Photo of Applicant |
Photo of Co-Applicant |
|
Photo of FL-1 |
Werehouse |
Latitude/Longitude of FL-1
Warehouse.........
Licence
Number........................
District..................................
Name, Full address and
aadhar number of Licensee(s)..................
Register No.
.................................
Location and place of
licence
East.................................
West.................................
North.................................
South.................................
Licence for the wholesale
vend of foreign liquor, beer, wine and LAB other than denatured spirit is
hereby granted to ..................at .............................. in the
District of........................form.....................to...........................for
which Rs. ..............have been paid in advance, subject to following
conditions, the infraction of any of which or a conviction for any offence
under the Excise, Opium or Dangerous Drugs Laws shall render the licensee
liable to the forfeiture of his licence, licence fees and security money paid
in the advance in addition to any penalties imposed under the above laws.
CONDITIONS
(1)
Sales shall be made only at the licenced
premises, country spirit shall not be kept stored in the same premises, if the
Excise Commissioner has prohibited the sale of any particular foreign brand as
being unwholesome, such brands shall not be stored and sold at the licenced
premises.
(2)
The licensee shall store all his stock of the
foreign liquor, beer, wine and Low Alcoholic Beverages pertaining to his shop
in the premises for which he holds this licence.
(3)
The licensee shall not allow any person to
conduct sales in his licenced premises unless the name of such person shall have
been previously submitted to the Excise Commissioner for approval and endorsed
by him on the licence.
(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)
No sales of foreign liquor, beer, wine and
Low Alcoholic Beverages be allowed except in bottles/cans/tetra packs as
prescribed by the Excise Commissioner.
(6)
Sale shall only be made to licenced wholesale
vendors of foreign liquor/beer/wine/Low Alcoholic Beverages.
(7)
The sales strength of whisky shall not be
less than 42% v/v and that of gin, vodka, rum and brandy shall be more than 36%
v/v but less than 42% v/v. Reduction of strength of spirit, except under
special orders of the Excise Commissioner is prohibited.
Note.- The sales strength
prescribed for whisky, brandy, rum and dry gin or the apparent strengths as
indicated by the bottles.
(8)
The license premises shall remain open for
sale on all days from 9.00 am. to 8.00 p.m., 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.
(9)
The bottling of foreign liquor, beer, wine
and Low Alcoholic Beverages is prohibited except under a separate, bottling
licence granted by the Excise Commissioner.
(10)
The mixing of foreign liquor, beer, wine and
Low Alcoholic Beverages is prohibited, except under the special sanctions of
the Excise Commissioner.
(11)
No drug or deleterious substance shall be
added to the liquor.
(12)
The business covered by this licence shall
not be sublet or transferred.
(13)
At the entrance to the shop signboard
approved by Excise Commissioner shall be affixed, on which shall be painted the
name of the vendor and the licensed wholesale vendor of foreign liquor
authorized to sell to licensed wholesale vendors only. The signboard will also
display the following information.
"Consumption
of liquor is prohibited outside near the premises of shop or at public places.
Any contravention in this regard shall be punishable."
(14)
The licensee shall maintain regular and
accurate accounts in the prescribed form and register (Form F.L.-25) to be
obtained Collector's Office on the payment, and shall produce the same for
inspection on the requisition of any officer authorized by Government to demand
their production and shall furnish to the Collector, not later than ten days
after the close of each financial year, an accurate abstract showing the
transaction of the proceeding year under the licence and such other returns as
may be required from time to time.
(15)
The transport of foreign liquor from
wholesale premises shall be covered by a computer generated pass in Form FL-36
which shall be prepared by the wholesale licensee in triplicate who shall retain
one copy thereof for record and issue the second copy to the purchaser and the
third copy to the District Excise Officer of the District concerned. The period
of validity of the pass shall not exceed twice the time required to reach the
destination. Transport passes shall be verified online and online verification
would be deemed sufficient as a proof of receipt of liquor.
(16)
The licensee shall not employ any person
suffering from any contagious or infectious disease.
(17)
The licensee shall receive no articles except
money preferably through e-payment platform in barter of liquor.
(18)
All exports of duty paid Indian made foreign
liquor, beer, wine and Low Alcoholic Beverages manufactured in Uttar Pradesh to
any part of India shall subject to the following conditions:
(a)
The exporter shall obtain from the importer a
permit authorizing the import signed by Chief Revenue Authority of the State of
import or by an officer duly authorized in this behalf.
(b)
The permit shall specify:
(i)
the name and address of the person or firm
authorized to import,
(ii)
the description and quantity of foreign
liquor, beer, wine and Low Alcoholic Beverages to be imported,
(iii)
the rate of duty chargeable in the State of
import in case the Indian made foreign liquor, beer, wine and Low Alcoholic Beverages
is imposed in State with which the State of Uttar Pradesh has entered into
reciprocal arrangement for the adjustment of duty by transfer,
(iv)
the rate of duty charged in the State of
import and the fact that it has been realized in advance in import other than
those covered by clause (iii).
(c)
On receipt of the permit, the exporter shall
deposit into the treasury.
(i)
where the export is made to a State covered
by clause (b) (in) above and the rate of duty in the import State be higher
than that in force in Uttar Pradesh, the difference in duty payable in Uttar
Pradesh and that payable in the State of export together with export duty on
the total quantity of the liquor to be exported.
(ii)
if the rate of duty in the importing State
covered by clause (b) (iii) above is the same as or less than the force in
Uttar Pradesh, the export duty.
(d)
On receipt of the permit and the treasury
receipt the wholesale vendor shall prepare a computer generated pass in Form
FL-36 quadruplicate and submit it to the Excise Inspector in charge of
distillery. The Excise Inspector shall satisfy himself that duty has been
correctly realized, affix his signature to the pass in Form FL-36. The exporter
shall then send one copy of the pass to the Collector of the district of
export, one copy to the Chief Revenue Authority of the place of import, or such
other officer as may be authorized in this behalf, one copy to the consignee,
and retained the fourth copy. The treasury receipt shall always accompany the
copy of the pass sent to the Collector of the exporting district.
(19)
The licensee shall produce for inspection
this licence on demand by officers who are duly authorized to inspect in the
district.
(20)
Licensee shall not have any retail licence of
country liquor, foreign liquor, beer or model shop.
(21)
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 LP. address.
(22)
The licensee shall make necessary
arrangements for security system and fire fighting instrument.
(23)
Consignment of foreign liquor, beer, wine and
LAB from distilleries, breweries and vinteneries shall be transported only
through the vehicles fitted with G.P.S. System.
(24)
Licensee shall employ computer operator for
the upkeep and maintenance of records.
(25)
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.
Date.................................
Licensing Authority
Rule - 11. Amendment of Form FL-1A.
In the said rules, for
existing Form FL-1A, the following Form shall be substituted, namely-
FL.-1a
FL-3A Licence holder's
licence for the wholesale vend of foreign liquor, beer, wine and LAB other than
denatured spirit manufactured by himself for sale to wholesale vendors of
foreign liquor only.
|
Photo of Applicant |
Photo of Co-Applicant |
|
Photo of FL-1A |
Werehouse |
Latitude/Longitude of FL-1A
Warehouse.
1.
Licence Number........................
2.
District..................................
3.
Name, Full address and aadhar number of
Licensee(s)
1.
Register No.................................
2.
Name of
District.................................
3.
Location and place of licence
East.................................
West.................................
North.................................
South.................................
Licence for the wholesale
vend of foreign liquor, other than denatured spirit, is hereby granted to above
licence holder at ........................... in the District of
................................from........................to..........................for
which licence fee have been paid in advance, and security deposit has been made
in accordance with Rule 2 (i) subject to following conditions, the infringement
of any which or a conviction for any offence under the Excise, Opium or
Dangerous Drugs Laws shall render the licensee liable to the forfeiture of his
licence, licence fees and security money paid in the advance in addition to any
penalties imposed under the above laws.
CONDITIONS
(1)
Sales shall be made only at the licenced
premises, country spirit shall not be kept stored in the same premises, if the
Excise Commissioner has prohibited the sale of any particular foreign brand as
being unwholesome, such brands shall not be stored and sold at the licenced
premises.
(2)
The licensee shall store all his stock of the
foreign liquor, beer, wine and Low Alcoholic Beverages pertaining to FL-3A in
the premises for which he holds this licence.
(3)
The licensee shall not allow any person to
conduct sales in his licenced premises unless the name of such person shall
have been previously submitted to the Excise Commissioner for approval and
endorsed by him on the licence.
(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)
No sales of foreign liquor, beer, wine and
Low Alcoholic Beverages be allowed except in bottles/cans/tetra packs as
prescribed by the Excise Commissioner.
(6)
In the following cases the guaranteed fluid
contents of the bottles shall be clearly indicated in bold letters on the
labels whether the liquor is bottled in India or abroad:
(a)
Quart bottle of whisky, brandy or rum if
containing less than 750ml of such spirit.
(b)
Quart bottle of gin if containing 50ml of
gin.
(c)
Pint bottle of gin if containing 375ml of
gin.
(d)
Half pint bottles of whiskey, brandy or rum,
if containing 180ml of such spirit.
(7)
Sale shall only be made to licenced wholesale
vendors of foreign liquor, beer, wine and Low Alcoholic Beverages.
Note. The restriction as to
the sale to licenced wholesale vendors only does not apply to sale made to
troops and to canteen tenant licensee by FL-3A
(8)
The sales strength of whisky shall be not
less than 42% v/v and that of gin, vodka, rum and brandy shall be more than 36%
v/v but less than 42% v/v. Reduction of strength of spirit, except under
special orders of the Excise Commissioner is prohibited.
(9)
The license premises shall remain open for
sale on all days from 9.00 am. to 8.00 p.m., 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.
(10)
The bottling of foreign liquor, beer, wine
and Low Alcoholic Beverages is prohibited, except under a separate, bottling
licence granted by the Excise Commissioner.
(11)
The mixing of foreign liquor, beer, wine and
Low Alcoholic Beverages is prohibited, except under the special sanctions of
the Excise Commissioner.
(12)
No drug or deleterious substance shall be
added to the liquor.
(13)
The business covered by this licence shall
not be sublet or transferred.
(14)
At the entrance to the shop signboard
approved by Excise Commissioner shall be affixed, on which shall be painted the
name of the vendor and the licensed wholesale vendor of foreign liquor
authorized to sell to licensed wholesale vendors only. 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."
(15)
The licensee shall maintain regular and
accurate accounts in the prescribed Form and register (Form-FL 25) to be
obtained from Collector's Office on the payment, and shall produce the same for
inspection on the requisition of any officer authorized by Government to demand
their production and shall furnish to the Collector, not later than ten days
after the close of each financial year, an accurate abstract showing the
transactions of the proceeding year under the licence and such other returns as
may be required from time to time and which shall also be uploaded online on
the website of U.P. Excise Department.
(16)
The transport of foreign liquor from
wholesale premises shall be covered by a computer generated pass in Form FL-36
which shall be duly prepared by the licensee in triplicate who shall retain one
copy thereof for record and issue the second copy to the purchaser and the
third copy to the District Excise Officer of the District concerned. The period
of validity of the pass shall not exceed twice the time required to reach the
destination. Transport passes shall be verified online and online verification
would be deemed sufficient as a proof of receipt of liquor.
(17)
The licensee shall not employ any person
suffering from any contagious or infectious disease for any purpose in his
licenced premises.
(18)
The licensee shall receive no articles but
receive money through e-payment platform in barter of liquor.
(19)
All exports of duty paid Indian made foreign
liquor, beer, wine and Low Alcoholic Beverages manufactured in Uttar Pradesh to
any part of India shall subject to the following conditions:
(a)
The exporter shall obtain from the importer a
permit authorizing the import signed by Chief Revenue Authority of the State of
import or by an officer duly authorized in this behalf.
(b)
The permit shall specify:
(i)
the name and address of the person or firm
authorized to import,
(ii)
the description and quantity of the foreign
liquor, beer, wine and Low Alcoholic Beverages to be imported,
(iii)
the rate of duty chargeable in the State of
import in case the Indian made foreign liquor, beer, wine and Low Alcoholic
Beverages is imported in State with which the State of Uttar Pradesh has
entered into reciprocal arrangement for the adjustment of duty by book
transfer,
(iv)
the rate of duty charged in the State of
import and the fact that it has been realized in advance in import other than
those covered by clause (iii).
(c)
On receipt of the permit, the exporter shall
deposit into the treasury.
(i)
where the export is made to a State covered
by clause (b) (iii) above, and the rate of duty in the import State be higher
than that in force in Uttar Pradesh, the difference in duty payable in Uttar
Pradesh and that payable in the State of export together with export duty on
the total quantity of the liquor to be exported.
(ii)
if the rate of duty in the importing State
covered by clause (b) (iii) above is the same as or less than the force in
Uttar Pradesh.
(d)
The export pass fee receipt of the permit and
the treasury receipt the wholesale vendor shall prepare a computer generated
pass in Form FL-36 quadruplicate and submit it to the Excise Inspector in
charge of distillery. The Excise Inspector shall satisfy himself that duty has
been correctly realized, affix his signature to the pass in Form FL-36. The
exporter shall then send one copy of the pass to the Collector of the district
of export, one copy to the Chief Revenue Authority of the place of import, or
such other officer as may be authorized in this behalf, one copy to the
consignee, and the retained the fourth copy. The treasury receipt shall always
accompany the copy of the pass sent to the Collector of the exporting district.
(20)
Licensee shall not have any retail licence of
country liquor, Foreign Liquor, Beer or Model Shop.
(21)
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 LP. address.
(22)
The licensee shall make necessary
arrangements for security system and fire fighting instrument.
(23)
Consignment of foreign liquor, beer, wine and
LAB from distilleries, breweries, and vinteneries shall be transported only
through the vehicles fitted with G.P.S. System.
(24)
Licensee shall employ computer operator for
the upkeep and maintenance of records.
(25)
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.
Date........................
District.....................
Licensing Authority
Rule - 12. Amendment of Form FL-2.
In the said rules, for
existing Form FL-2, the following form shall be substituted, namely-
F.L.-2
Licence
for the Wholesale of foreign liquor and Wine See Rule 6 (a)
|
Photo of Applicant |
Photo of Co-Applicant |
|
Photo of FL-2 |
Werehouse |
Latitude/Longitude of FL-2
Warehouse.........
Licence
Number........................
District..................................
Name, Full address and
aadhar number of Licensee(s).....................
Licence fee Rs. ........(in
figures).........(in Words)
Security amount Rs.
........(in Figures).........(in Words)
Description of premises
(with boundaries)
Locality & house
number...................
Police
station...............Tehsil.............
North..............................
South..............................
East..............................
West..............................
Name, Father's Name &
Address of Salesmen:
1............S/o............r/o............
2............S/o............r/o............
3............S/o............r/o............
4............S/o............r/o............
Licence for the wholesale of
Foreign Liquor and Wine (bottled in India and bottled in origin) is hereby
granted to above licence holders(s) at..................................(Place)
in P.S. ...................Tahsil............in the District of..........................w.e.f.
from ........................to March 31, 20............for which licence fee
and security deposit has been made in accordance with Rule 6.
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.
TERMS
AND CONDITIONS
(1)
The licensee shall procure supplies of
foreign liquor and wine in bottles/cans/tetra packs 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.
(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.
(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.
(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.
(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 informations.
"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.
(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.
(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.
(15)
The licensed premises shall remain open for
sale on all days from 9.00 am. in the morning to 8.00 p.m. 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:
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.
(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.
(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.
(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.
(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.
Date...........
District............
Excise Commissioner,
Uttar Pradesh.
Rule - 13. Amendment of Form FL-2A.
In the said rules, for
existing Form FL-2A, the following form shall be substituted, namely
F.L.-2A
Licence for Wholesale vend
of foreign liquor, beer, wine and low alcoholic beverages (other than denatured
spirit) for sale to licensed military/para military force wholesale and retail
venders
|
Photo of Applicant |
Photo of Co-Applicant |
|
Photo of FL-2A |
Werehouse |
Latitude/Longitude of FL-2 Warehouse.........
1.
Licence Number........................
2.
District..................................
Register No.
.................................
Locality....................................
Name, Full address and
aadhar number of Licence holder.....................
Licence for the wholesale
vend of Foreign Liquor, other than denatured spirit, is hereby granted to
........................ at ........................ in the district
........................ from ........................ to
........................ for which Rs. .......................have been paid in
advance subject to the following conditions, the infraction of any of which or
a conviction for any offence under the Excise. Opium or Dangerous Drugs Laws,
shall render the licensee liable to the forfeiture of his licence and licence
fees paid in advance in addition to any penalties imposed under the above laws.
CONDITIONS
(1)
The licensee shall procure supplies of
foreign liquor, beer, wine and low alcoholic Beverages (bottled in India and
bottled in origin) in bottles/cans/tetra packs of the prescribed capacity
having a code under security system, approved by the Excise Department, applied
on them, from distilleries breweries, vinteneries, who are licensed
manufacturers of foreign liquor, beer, wine and low alcoholic Beverages are
other wholesale shops after full payment in advance of privilege fees(as
applicable) and such other levies, as leviable from time to time through
e-payment platform.
(2)
Sales shall be made only at the licenced
premises, country spirit shall not be kept in the same premises if the Excise
Commissioner has prohibited the sale of any particular foreign brands as being
unwholesome, that brand shall not be kept and sold under this licence.
(3)
The licence shall store all his stock of
foreign liquor/beer/wine/Low Alcoholic Beverages pertaining to his shop in
premises for which he holds this licence.
(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)
No sales of Indian made Brandy, Whisky, Gin
and Rum shall be allowed except in bottles/tetra packs of capacity as approved
by Excise Commissioner.
(6)
The guaranteed fluid contents of the
bottles/tetra packs shall be clearly indicated in bold letters on the label,
whether the liquors bottled in India or abroad.
(7)
The sales strength of whisky shall be not
less than 42% v/v and that of gin, vodka, rum and brandy shall be more than 36%
v/v but less than 42% v/v. Reduction of strength of spirit, except under
special orders of the Excise Commissioner is prohibited.
Note.- The sale strengths
prescribed for whisky, brandy, rum and dry gin are apparent strengths indicated
by the Hydrometer. A margin up to 1.0 below the prescribed minimum is however,
allowed in the case of spirit contained in sealed on capsuled bottles/tetra
packs.
(8)
The bottling of foreign liquor, beer, wine
and Low Alcoholic Beverages is prohibited except under a separate, bottling
licence granted by the Excise Commissioner.
(9)
The mixing of foreign liquor, beer, wine and
Low Alcoholic Beverages is prohibited, except under the special sanction of the
Excise Commissioner.
(10)
No drug or deleterious substance shall be
added to the liquor.
(11)
No sales shall be made on day following the
burning of the Holi and on the principal day of Diwali.
(12)
The license premises shall remain open for
sale on all days from 9.00 am. to 8.00 p.m., 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.
(13)
The business covered by this licence shall
not be sublet or transferred.
(14)
At the entrance to the shop a signboard
approved by Excise Commissioner shall be affixed, on which shall be painted the
name of the vendor and designation of "licenced wholesale vendor of
foreign liquor authorized to sell to licenced wholesale and retail vendors
only. 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."
(15)
The Licensee shall maintain regular and
accurate accounts in the prescribed Form and register to be obtained from the
collectors office on payment and shall produce the same for inspection on the
requisition of any officer authorized by Government to demand their production
and shall furnish to the Collector not later than ten days after the close of
each financial year, an accurate abstract showing the transaction of the
proceeding year under the licence, and such other return as may be required
from time to time and also be uploaded online on the website of Uttar Pradesh
Excise Department.
(16)
The transport of foreign liquor from
wholesale premises shall be covered by a computer generated pass in Form FL-36A
which shall be prepared by the wholesale licensee in triplicate who shall retain
one copy thereof for record and issue the second copy to the purchaser and the
third copy to the excise inspector of the circle concerned. The period of
validity of the pass shall not exceed one month. Transport passes shall be
verified online and online verification would be deemed sufficient as a proof
of receipt of liquor.
(17)
The licensee shall not allow any person to
conduct sales in his licence premises unless the name of such person shall have
been previously sanction to the collector for approval and endorsed by him on
the licence.
(18)
The Licensee shall not employ any person
suffering from any contagious or infectious disease for any purpose in his
licensed premises.
(19)
The Licensee shall receive no articles but
receive money through e-payment platform in barter for liquor.
(20)
If the licence holder is also a manufacture
of Indian Foreign liquor only he may export duty paid Indian made foreign
liquor to any part of India subject to the following conditions:
a.
The exporter shall obtain from the importer a
permit authorizing the import signed by the Chief Revenue authority of the
state of import or by an officer duly authorized in this behalf the permit
shall specify:
(i)
the name and address of the person or firm
authorized to import,
(ii)
the description and quantity of the foreign
liquor, beer, wine and Low Alcoholic Beverages to be imported,
(iii)
the rate of duty chargeable in the State of
import in case the Indian made foreign liquor, beer, wine and Low Alcoholic
Beverages is imported in a state with which the state of Uttar Pradesh has
entered into reciprocal arrangement for the adjustment of duty by book
transfer.
(iv)
the rate of duty charged in the State of
import and the fact that it has been realized in advance in import other than
those covered by clause (iii).
b.
On receipt of the permit, the exporter shall
deposit into the treasury:
(i)
where the export is made to a State covered
by clause (b) (iii) above, and the rate of duty in the importing State be
higher than that in force in Uttar Pradesh, the difference in duty payable in
Uttar Pradesh and that payable the state of export together with the export
duty on the total quality of the liquor to be exported.
(ii)
if the rate of duty in the importing state
covered by clause (b)(iii) above is the same as or less than the force in Uttar
Pradesh, the export duty:-
c.
On receipt of the permit and the treasury
receipt the wholesale vendor shall prepare a computer generated pass in Form
FL-36 quadruplicate and submit it to the Excise Inspector-in-charge of the
distillery. The Excise Inspector shall be satisfying himself that duty has been
correctly realized, affix his signature to the pass in Form FL-36. The export
shall then send one copy of the pass to the Collector of the district of
export, one copy to the Chief Revenue Authority of the place of import, or such
other officer as may be authorized in this behalf, one copy to the consignee,
and the retain the fourth copy. The treasury receipt shall always accompany the
copy of the pass sent to the Collector to exporting district.
(21)
The licensee shall produce for inspection
this licence on demand by officers who are duly authorized to do so.
(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.
(24)
Licensee shall ensure lifting of liquor from
his godown premises in sealed cartons after scanning of security code on them
..
Date.........................
District.........................
Licensing Authority
Rule - 14. Amendment of Form FL-2-B.
In the said rules, for
existing Form FL-2A, the following form shall be substituted, namely-
F.L.-2-B
Licence
for the Wholesale of Beer and low alcoholic beverages
See
Rule 6 (a)
|
Photo of Applicant |
Photo of Co-Applicant |
|
Photo of FL-2B |
Warehouse |
Latitude/Longitude of FL-2
Warehouse.........
Licence
Number........................
District..................................
Name, Full address and
aadhar number of Licence (s)............................
Licence fee Rs.
..........(in figures).........(in Words)
Security amount Rs.
.........(in Figures)..........(in Words)
Description of premises
(with boundaries)
Locality & house
number...................
Police
Station...........Tahsil...............
North.........................
South.........................
East.........................
West.........................
Name, Father's Name &
Address of Salesmen:
1................S/o................r/o................
2................S/o................r/o................
3................S/o................r/o................
4................S/o................r/o................
Licence for the wholesale of
Beer/Draught beer and LAB (bottled in India and bottled in origin) hereby
granted to above licence holders(s) at................................(Place)
in P.S. .................Tahsil................in the District
of................w.e.f. from ................to March 31,
20................for which licence fee and security deposit has been made in
accordance with Rule 6.
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.
Terms
and conditions.
(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 anted low alcoholic beverages from BWEL-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.
(4)
Sales shall only be made in quantities
exceeding one or more than one sealed cartons 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.
(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.
(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 informations
"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.
(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.
(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.
(15)
The license premises shall remain open for
sale on all days from 9.00 am. to 8.00 p.m., 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.
(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.
(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 LP. address.
(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).
(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.
(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.
Date................
District................
Licensing Authority
Rule - 15. Amendment of Form FL-2-D.
In the said rules, for
existing Form FL-2D, the following form shall be abolished, namely-
FL -2-d
"Omitted"
Rule - 16. Insertion of new form BIO-1.
In the said rules, after
Form FL-2B the following form shall be inserted, namely.
BIO-1
Licence for sale of Overseas
foreign liquor
(See Rule 4 (f))
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Latitude/Longitude of BIO-1 Custom bond
Warehouse...............................
Latitude/Longitude of BIO-1
De-bonded Warehouse.................................
Licence
Number...........................................................................................
District..........................................................................................................
Name, Full address and
aadhar number of license holder of importing unit.
Licence fee Rs. .......(in
figures).........(in Words).............................................
Security amount Rs.
...........(in Figures).............(in Words)................................
Description of de-bonded
warehouse premises of importing unit (with boundaries)
Locality & house
number..................
Police
Station...............Tehsil.........
District.............................
North.. ....................................
South
........................................
East......................................
West....................................
Name, Father's Name &
Address of authorized Salesmen:
1.........S/o...............r/o...............
2........S/o...............r/o...............
3........S/o...............r/o...............
4........S/o...............r/o...............
Licence for the wholesale of
Overseas Foreign Liquor is hereby granted to above licence holder(s)
at............... (Place) in P.S. .................Tehsil...............in the
District of..............................w.e.f. form...............to March 31,
20............... for which licence fee and security deposit has been made in
accordance with Rule 6.
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.
Terms
and conditions
(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 I 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.
(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.
(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.
(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.
(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, 2020 on 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.
(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.
(14)
The de-bonded license premises shall be
operated for sale on all days from 9.00 am. to 8.00 p.m., 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.
(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.
(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 LP. address.
(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.
(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.
(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.
(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.
(27)
Such BIO-I 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. Date..............
Place ..............
Licensing Authority