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UTTAR PRADESH EXCISE (SETTLEMENT OF RETAIL LICENCES FOR MODEL SHOP OF FOREIGN LIQUOR) (FIFTEENTH AMENDMENT) RULES, 2022

PREAMBLE

In exercise of the powers under section 24-B and 41 of the United Provinces Excise Act, 1910 (U.P. Act no. IV of 1910), read with section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act no. 1 of 1904), the Excise Commissioner, Uttar Pradesh with the previous sanction of the State Government hereby makes the following rules with a view to amending the Uttar Pradesh Excise (Settlement of Retail Licenses for Model Shop of Foreign Liquor) Rules, 2003 published vide Excise Commissioner notification no. 17951/X-Licence-33/F.L. Model Shop/2003-2004, dated September 03, 2003 (as amended from time to time).

Rule - 1. Short title and Commencement.

(1) These rules may be called the Uttar Pradesh Excise (Settlement of Retail Licences for Model Shop of Foreign Liquor) (Fifteenth 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 Retail Licenses for Model Shop of Foreign Liquor) Rules, 2003 hereinafter referred to as the said rules, for rule 2 setout in Column-I below, the rule as setout in Column-II shall be substituted, namely:-

Column-I (Existing rule) 2-Definition		Column-II (Rule as hereby substituted ) 2-Definition
(1) In these rules, unless there is anything repugnant in the subject or context:-		(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;		(a) "Act" means the United Provinces Excise Act, 1910 as amended from time to time;
(b) "Daily License Fee" means 1/365th part of the fixed license fee for the whole year;		(b) "Additional Consideration fee" means difference amount obtained as a result of rounding off the maximum retail price of foreign liquor and beer to the next multiple of 10 rupees, which shall be payable at Distillery/Brewery level and recoverable by distillery/brewery from wholesale supplier in addition to Ex-Distillery Price/Ex-Brewery price and which in turn could be recovered by wholesale supplier from retail licensee in addition to maximum wholesale price;
(c) " Foreign liquor" means and includes spirit or liquors imported into India or spirits or liquors made in India, and sophisticated or coloured so as to resemble in flavour or colour as liquor imported into India and includes Malt Spirit, Whisky, Rum, Brandy, Gin, Vodka, wine and Liqueurs and also includes draught beer, beer brewed in India and low alcoholic beverages (LAB);		(c) "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 of foreign liquor, wine, beer and low alcoholic beverages.
(d) "Excise Year" means the financial year commencing from 1st April to 31st March of the next calendar year;		(d) "Daily License Fee" means 1/365th part of the fixed license fee for the whole year;
(e) "family" means and includes spouse (husband or wife), dependent son (s), unmarried daughter (s) and dependent parents;		(e) "Earnest money" means the amount equal to one-tenth of the amount of licence fee, to be tendered with application form, for ensuring the fulfillment of the eligibility conditions for the grant of license and is liable to be forfeited in case of default under provisions of rule-10 of these rules;
(f) "Form" means the form appended to these rules;		(f) "Excise Year" means the financial year commencing from 1st April to 31st March of the next calendar year;
(g) "Licensing Authority" means the Collector of the District;		(g) "Family" means and includes spouse (husband or wife), dependent son (s), unmarried daughter (s) and dependent parents;
(h) "License fee" means a sum fixed in consideration of the grant of the license as body wise for exclusive privilege for selling of foreign liquor, beer, Wine and low alcoholic brewages in a Model Shop and for giving facilities of bar, additional license fee fixed from time to time shall also be included thereto.		(h) "Foreign liquor" means and includes spirit or liquors imported into India or spirits or liquors made in India, and sophisticated or coloured so as to resemble in flavour or colour as liquor imported into India and includes Malt Spirit, Whisky, Rum, Brandy, Gin, Vodka, wine and Liqueurs and also includes draught beer, beer brewed in India and low alcoholic beverages (LAB);
(i) "Security amount" means a amount as fixed by the State Government according to the licence fee to be deposited through Fixed Deposit Receipt pledged in favor of District Excise Officer or through e-payment refundable after the final settlement of all the claims and dues to the State Government. Provided, in case of renewal security deposited prior in cash or through National Saving certificate shall be acceptable till it is not refunded.		(i) "Form" means the form appended to these rules;
(j) "State" means the State of Uttar Pradesh. (k) "Additional Consideration fee" means difference amount obtained as a result of rounding off the maximum retail price of foreign liquor and beer to the next multiple of 10 rupees, which shall be payable at Distillery/Brewery level and recoverable by distillery/brewery from wholesale supplier in addition to Ex-Distillery Price/Ex-Brewery price and which in turn could be recovered by wholesale supplier from retail licensee in addition to maximum wholesale price; (l) "Earnest money" means the amount equal to one-tenth of the amount of licence fee, to be tendered with application form, for ensuring the fulfillment of the eligibility conditions for the grant of license and is liable to be forfeited in case of default under provisions of rule-10 of these rules; (m) "Hierarchy" means the earnest money of shops in the descending order purported to be the basis for the selection of licensee through the process of e/lottery;		(j) "Hierarchy" means the earnest money of shops in the descending order purported to be the basis for the selection of licensee through the process of e/lottery; (k) "Individual" means a person who is the citizen of India not below the age of twenty-one years; (l) "License fee" means a sum fixed in consideration of the grant of the license as body wise for exclusive privilege for selling of foreign liquor, beer, Wine and low alcoholic brewages in a Model Shop and for giving facilities of bar, additional license fee fixed from time to time shall also be included thereto. Provided that if such shop is settled/resettled during middle session for the remaining period of the year, then license fee for shop shall be determined in proportion to the remaining period of the excise year. (m) "Licensing Authority" means the Collector of the District;
(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 terminal stage of its distribution;		(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 terminal stage of its distribution;
(o) "Solvency" means financial eligibility criteria set for an applicant applying for the grant of retail license;		(o)"Quarterly Minimum Guaranteed Revenue" means the equivalent revenue from Foreign liquor, Beer, Wine and low alcoholic beverages as fixed by the licensing authority in accordance with the general or specific instructions issued by the Excise Commissioner and guaranteed by the licensee to be lifted by him for his retail shop during a quarter of an Excise year for the purpose of retail sale.
(p) 'Individual' means a person who is the citizen of India not below the age of twenty-one years;		(p) "Security amount" means a amount as fixed by the State Government according to the licence fee to be deposited through Fixed Deposit Receipt/Bank Guarantee pledged in favor of District Excise Officer or through e-payment refundable after the final settlement of all the claims and dues to the State Government. Provided, in case of renewal security deposited prior in cash or through National Saving certificate shall be acceptable till it is not refunded.
(q) "Settlement" means settlement or re- settlement of shops through renewal, e-lottery or e-tender which may take place on any day of the week by giving prior notice and intimation through the newspaper and website of the excise department. The settlement of shops for the forthcoming year may also be done prior to the cessation of preceding financial year;		(q) "Solvency" means financial eligibility criteria set for an applicant applying for the grant of retail license;
(r) "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 of foreign liquor, wine, beer and low alcoholic beverages.		(r) "State" means the State of Uttar Pradesh.
(s) "Quarterly Minimum Guaranteed Revenue" means the equivalent revenue from Foreign liquor, Beer, Wine and low alcoholic beverages as fixed by the licensing authority in accordance with the general or specific instructions issued by the Excise Commissioner and guaranteed by the licensee to be lifted by him for his retail shop during a quarter of an Excise year for the purpose of retail sale.		(s) "Settlement" means settlement or re- settlement of shops through renewal, e-lottery or e-tender which may take place on any day of the week by giving prior notice and intimation through the newspaper and website of the excise department. The settlement of shops for the forthcoming year may also be done prior to the cessation of preceding financial year;
(2) Words and expressions not defined in these rules but defined in the Act, shall have the meanings respectively assigned to them in the Act.		(2)Words and expressions not defined in these rules but defined in the Act, shall have the meanings respectively assigned to them in the Act.

Rule - 3. Amendment of rule 7.

In the said rules, for existing rule 7 set out in Column-I below, the rule as set out in Column-II shall be substituted, namely:-

Column-I

(Existing rule)

7. Grant of license

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

Provided that in case of renewal security deposited prior in cash or through National Saving Certificate shall be acceptable till it is not refunded. The licensee shall be required to furnish the solvency certificate or certificate of owned property issued by an authorized Income Tax Valuer in original copy in the district from where it has been issued at the time of grant of licence.

Column-II

(Rule as hereby substituted )

7. Grant of license

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

Rule - 4. Amendment of rule-8.

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

Column-I (Existing rule)		Column-II (Rule as hereby substituted )
8-Eligibility conditions for applicant :- Eligible applicant for licence of a model shop must fulfill following conditions namely:		8-Eligibility conditions for applicant :- Eligible applicant for licence of a model shop must fulfill following conditions namely:
a) Application by an individual who is a citizen of India. Provided, in case of renewal co-applicant, if any who is a citizen of India, shall also be allowed. No partnership firm or company shall be eligible for the grant of model shop. Likewise, Wholesaler or Distiller/brewer manufacturer of liquor/beer shall also not be eligible for holding licence of any model shop. No change in the status of applicant shall be allowed after allotment of shop. In case of death of licensee his legal heir if otherwise eligible, may continue to hold the license for the remaining period of the license. Provided further that if a license is jointly held by two persons, in the event of death of either of them, the survivor along with the legal heir (s) of deceased if otherwise eligible, may continue to hold the license or in case of death of both persons their legal heir(s), if otherwise eligible may continue to hold the license. No distinction will be made between the legal liabilities of the two persons who will be jointly and severally responsible:		a) Application by an individual who is a citizen of India. Provided, in case of renewal co-applicant, if any who is a citizen of India, shall also be allowed. No partnership firm or company shall be eligible for the grant of model shop. Likewise, Wholesaler or Distiller/brewer manufacturer of liquor/beer shall also not be eligible for holding licence of any model shop. No change in the status of applicant shall be allowed after allotment of shop. In case of death of licensee his legal heir if otherwise eligible, may continue to hold the license for the remaining period of the license. Provided further that if a license is jointly held by two persons, in the event of death of either of them, the survivor along with the legal heir (s) of deceased if otherwise eligible, may continue to hold the license or in case of death of both persons their legal heir(s), if otherwise eligible may continue to hold the license. No distinction will be made between the legal liabilities of the two persons who will be jointly and severally responsible:
(b) be above twenty-one years of age on the first day of the period fixed for receiving application.		(b) be above twenty-one years of age on the first day of the period fixed for receiving application.
(c) not be a defaulter/blacklisted or debarred from holding an excise license under the provisions or any rules made under the Act. Any person who has been convicted of any excise offence shall be automatically debarred from holding the license until and unless fully and finally acquitted by the competent court of law.		(c) not be a defaulter/blacklisted or debarred from holding an excise license under the provisions or any rules made under the Act. Any person who has been convicted of any excise offence shall be automatically debarred from holding the license until and unless fully and finally acquitted by the competent court of law.
(cc) The applicant shall be eligible to make only one application in his own name for any one shop. Provided, in case of renewal, applicant and co-applicant both shall be eligible and their mutual consent for renewal shall be essential.		(cc) The applicant shall be eligible to make only one application in his own name for any one shop. Provided, in case of renewal, applicant and co-applicant both shall be eligible and their mutual consent for renewal shall be essential.
(d) submit an affidavit duly verified by notary public as proof of the following namely; (i) that he possesses or has an arrangement for taking on rent a suitable premises in that locality for opening the Model Shop in accordance with the provisions of Uttar Pradesh Number and Location of Excise Shop Rules, 1968 as amended from time to time. (ii) that his proposed premises of the shop has not been constructed in violation of any law or rules. (iii) That he and his family members possess good moral character and have no criminal background and have not been convicted of any offence punishable under United Provinces Excise Act, 1910 or Narcotics Drugs and Psychotropic Substances Act, 1985 or any other cognizable and non-bailable offence. (iv) That in case he is selected as licensee he will furnish a certificate 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 have no criminal background or criminal record, prior to the issuance of licence. (v) That he shall not employ any salesman or representative who has criminal background as mentioned in clause (iii) or, who suffers from any infectious contagious diseases or is below twenty-one years of age or a women. Licensee shall have to obtain Identity Cards bearing photographs of his authorized salesman/representative from District Excise Officer. (vi) That he is not in arrear of any public dues or Government dues. (vii) that he is solvent and has the necessary funds or has made arrangements for the necessary funds for conducting the business, the details of which shall be made available to licensing authority if required. (viii) That applicant is not an advocate registered with Bar Council. If he is found registered advocate after getting the license then the license shall be cancelled. An employee of the State Government shall also be ineligible to apply for the grant of license. (ix) That In case of being selected as licensee, bank draft of earnest money which has been uploaded online along with application shall be deposited in the office of District Excise Officer within forty eight hours of such selection. (x) That he has not made use of bank draft of earnest money for the application of any other shop in the same phase.		(d) submit an affidavit duly verified by notary public as proof of the following namely; (i) that he possesses or has an arrangement for taking on rent a suitable premises in that locality for opening the Model Shop in accordance with the provisions of Uttar Pradesh Number and Location of Excise Shop Rules, 1968 as amended from time to time. (ii) that his proposed premises of the shop has not been constructed in violation of any law or rules. (iii) That he and his family members possess good moral character and have no criminal background and have not been convicted of any offence punishable under United Provinces Excise Act, 1910 or Narcotics Drugs and Psychotropic Substances Act, 1985 or any other cognizable and non-bailable offence. (iv) That in case he is selected as licensee he will furnish a certificate issued by the District Collector or Superintendent of Police/Senior Superintendent of Police of the concerned district or an officer not below the rank of assistant commissioner of police nominated by the police commissioner of the concerning police Commissionerate of which he is the resident, showing that he as well as his family members possess good moral character and have no criminal background or criminal record, prior to the issuance of licence. (v) That he shall not employ any salesman or representative who has criminal background as mentioned in clause (iii) or, who suffers from any infectious contagious diseases or is below twenty-one years of age or a women. Licensee shall have to obtain Identity Cards bearing photographs of his authorized salesman/representative from District Excise Officer. (vi) That he is not in arrear of any public dues or Government dues. (vii) that he is solvent and has the necessary funds or has made arrangements for the necessary funds for conducting the business, the details of which shall be made available to licensing authority if required. (viii) That applicant is not an advocate registered with Bar Council. If he is found registered advocate after getting the license then the license shall be cancelled. An employee of the State Government shall also be ineligible to apply for the grant of license. (ix) That In case of being selected as licensee, bank draft of earnest money which has been uploaded online along with application shall be deposited in the office of District Excise Officer within forty eight hours of such selection. (x) That he has not made use of bank draft of earnest money for the application of any other shop in the same phase.
(e) The applicant shall upload a scanned copy of bank draft issued in favour of District Excise Officer of the district of concerned shop for earnest money, along with online application, as may be fixed by the Excise Commissioner with the prior sanction of the State Government. In case of selection as licensee, it shall be necessary to deposit bank draft of earnest money in the office of the concerned District Excise Officer within forty eight hours after selection, which shall be refunded to applicant after payment of all dues.		(e) The applicant shall upload a scanned copy of bank draft issued in favour of District Excise Officer of the district of concerned shop for earnest money, along with online application, as may be fixed by the Excise Commissioner with the prior sanction of the State Government. In case of selection as licensee, it shall be necessary to deposit bank draft of earnest money in the office of the concerned District Excise Officer within forty eight hours after selection, which shall be refunded to applicant after payment of all dues.
(f) that he is holder of solvency or certificate of owned property issued by an authorized Income Tax Valuer and the worth of solvency or certificate of owned property certificate issued by authorized Income Tax valuer shall be equivalent to an amount not less than the license fee determined for the grant of licence of the applied shop in the district: Provided, in case of renewal, solvency certificate or certificate of owned property issued by an authorized income Tax Valuer produced during the settlement of previous year shall be acceptable if it is valid and is for the required amount .		(f) that he is holder of solvency or certificate of owned property issued by an authorized Income Tax Valuer and the worth of solvency or certificate of owned property certificate issued by authorized Income Tax valuer shall be equivalent to an amount not less than the license fee determined for the grant of licence of the applied shop in the district: Provided, in case of renewal, solvency certificate or certificate of owned property issued by an authorized income Tax Valuer produced during the settlement of previous year shall be acceptable if it is valid and is for the required amount .

Rule - 5. Amendment of rule-9.

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

Column-I (Existing rule)

9.Selection of licensee-The Collector/Licensing Authority shall identify areas for model shops and after prior approval from Excise Commissioner invite online applications after giving wide publicity through news papers having circulation in the District and such other means which he may deem fit. Licensee for a particular area shall be selected among the eligible candidates by the District Level Committee which is as follows:-

(i)	The Collector of the District	Chairman
(ii)	The Senior Superintendent Of Police/the Superintendent of Police of the District	Member
(iii)	One Gazetted Officer of Excise Department nominated by the Excise Commissioner	Member
(iv)	The District Excise Officer of the District	Member/Secretary

Column-II (Rule as hereby substituted )

(i)	The Collector of the District	Chairman
(ii)	The Senior Superintendent of Police/Superintendent of Police of the concerning district or an Officer not below the rank of Assistant Commissioner of Police nominated by the Police Commissioner of the concerning Police Commissionerate.	Member
(iii)	One Gazetted Officer of Excise Department nominated by the Excise Commissioner	Member
(iv)	The District Excise Officer of the District	Member/Secretary

(a) (i) Licenses of shops shall be renewed online under the terms and conditions as specified by the State Government.

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

(b) The said committee shall identify eligible and ineligible applicants. In case of e-lottery the licensee shall be selected for each shop from amongst the eligible applicants through the computer driven randomized arrangement. Randomization process shall be adopted in the order of country liquor, Model Shops, foreign liquor and beer shops as per prescribed hierarchy under respective rule. In case of selection of licensee through e-tender the same aforesaid sequence shall be adopted. Not more than two shops including all categories of country liquor, model shop, foreign liquor and beer shall be allotted in favour of an applicant in the entire State:

Provided that the aforesaid restriction shall not be applicable to the renewal of licenses as per the criteria laid down by the State Government.

(a) (i) Licenses of shops shall be renewed online under the terms and conditions as specified by the State Government.

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

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

(c ) In case the selected applicants does not deposit the required amount and does not fulfill the prescribed formalities or a unable to arrange suitable premises for the shop within stipulated period, the Licensing authority shall cancel the allotment and take immediate necessary steps for resettlement of the shop through the process as prescribed by the Government.

(d) In case there is no application for a particular shop or no candidate is found suitable for a shop in first round of e/lottery the Licensing Authority shall take immediate steps for resettlement of the shop through the process prescribed by the Government.

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

(c ) In case the selected applicants does not deposit the required amount and does not fulfill the prescribed formalities or unable to arrange suitable premises for the shop within stipulated period, the Licensing authority shall cancel the allotment and take immediate necessary steps for resettlement of the shop through the process as prescribed by the Government.

Rule - 6. Amendment of rule-10.

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

Column-I (Existing rule)

10. Deposit of license fee and Security amount-In case an applicant is selected as licensee, he shall deposit the entire amount of licence fee within three working days of being intimated of his selection. He shall be required to deposit half of the security amount within ten working days of intimation of his selection, and balance of the security amount within twenty working days of intimation of his selection. Entire amount of license fee shall be deposited by the applicant preferably through E-payment, security amount will be deposited through Fixed Deposit Receipt pledged in favor of District Excise Officer or through e-payment Provided, in case of renewal security deposited prior in cash or through National Saving Certificate shall be acceptable till it is not refunded.

In subsequent year, the licence of the shop may be renewed on the desire of the licensee according to the parameter as fixed by the State Government, Difference amount of license fee and security shall be deposited for renewal within stipulated period as specified by the State Government.

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

Column-II (Rule as hereby substituted)

10. Deposit of license fee and Security amount-In case an applicant is selected as licensee, he shall deposit the entire amount of licence fee within three working days of being intimated of his selection. He shall be required to deposit half of the security amount within ten working days of intimation of his selection, and balance of the security amount within twenty working days of intimation of his selection. Entire amount of license fee shall be deposited by the applicant preferably through E-payment, security amount will be deposited through Fixed Deposit Receipt/Bank Guarantee pledged in favor of District Excise Officer or through e-payment. Provided, in case of renewal security deposited prior in cash or through National Saving Certificate shall be acceptable till it is not refunded.

In subsequent year, the licence of the shop may be renewed on the desire of the licensee according to the parameter as fixed by the State Government, entire amount of license fee and difference of security shall be deposited for renewal within stipulated period as specified by the State Government.

Provided, if he fails to deposit the amount of license fee and security amount within prescribed period,

his selection shall stand cancelled;

Provided further that in case of licence being settled through the e-lottery/e-tender, his earnest money and license fee as well as the security amount, if

deposited by him, and in case of licence being renewed, fifteen percent of security amount of last year along with renewal fee and licence fee, if deposited by him, shall also be forfeited in favour of State Government and the said shop shall be resettled forthwith, in manner as prescribed by the Government.

Rule - 7. Amendment of rule-12.

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

Column-I (Existing rule)

12. Lifting of liquor/beer

(a) The licensee under these rules shall obtain sufficient supplies of all prevalent registered brands of foreign liquor/wine/beer/low alcoholic beverages from any wholesale license (F.L.2/FL-2B) of the Districts after making full payment of cost price of Foreign Liquor and beer including all Taxes, Consideration fee (including additional consideration fee) as levied from time to time. If the (F.L.2/FL-2B) license is not sanctioned in the concerned district, the licensee shall obtain supplies of foreign liquor including wine, beer and low alcoholic beverages from wholesale license (F.L.2/FL-2B) of other district/districts with prior permission of the Excise Commissioner. In case of insufficient supply of any district, district excise officer shall seek the orders from Excise Commissioner and ensure supply within twenty four hours.

(b) "Licensee shall be under obligation to regularly lift Foreign Liquor, Beer, Wine and LAB to ensure steady and continuous quality supply as per the seasonal requirements of the customers as well as to remove any chances of spurious supplies in the market. He shall regularly place written indents on portal or messages to the wholesaler. In order to meet the above requirements the licensee shall be under obligation to lift in each quarter, Foreign Liquor, Beer, Wine and LAB at least equivalent to the consideration fee involved in the quantity of Foreign Liquor, Beer, Wine and LAB lifted in the preceding year."

(c) (i) Provided, In case the licensee fails to lift liquor (Foreign Liquor, Beer, Wine and LAB) at least equivalent to his Quarterly Minimum Guaranteed Revenue in a quarter, lifting for the next quarter shall be withheld.

(ii) The licensee shall make a request for condonation of delay and for lifting of liquor equivalent to the shortfall in Quarterly Minimum Guaranteed Revenue of that quarter along with an affidavit. Upon condonation, the licensee shall deposit an additional security equivalent to the shortfall in Quarterly Minimum Guaranteed Revenue.

(iii) Additional security so deposited shall be refunded after lifting of liquor equivalent to such shortfall in previous quarter along with Quarterly Minimum Guaranteed Revenue of the next quarter.

(iv) In case licensee fails to lift liquor equivalent to the Quarterly Minimum Guaranteed Revenue of one or more quarters before the end of financial year, then the additional security and security deposited by him shall be adjusted against such shortfall of revenue and the remaining security shall be refunded.

If the additional security and security deposited is insufficient for adjustment against the shortfall in revenue, the revenue remaining shall be recovered as if it were arrears of land revenue.

Column-II (Rule as hereby substituted )

12. Lifting of liquor/beer

(iii) Additional security so deposited shall be refunded after lifting of liquor equivalent to such shortfall in previous quarter along with Quarterly Minimum Guaranteed Revenue of the next quarter.

If the additional security and security deposited is insufficient for adjustment against the shortfall in revenue, the revenue remaining shall be recovered as if it were arrears of land revenue.

(d)(i) The licensee desiring to transfer Quarterly Minimum Guaranteed Revenue, which he is not able to lift, to another licensee of the same type, may be allowed such transfer of such portion(quota) on a quarterly basis, within an excise district.

(ii) The transferor licensee shall make a request along with the consent of the transferee licensee to the District Excise Officer of the district. The terms of transfer shall be decided by both the transferor and transferee licensees mutually.

(iii) On approval of the request of the transferor licensee, the quota agreed upon to be transferred by him shall be deducted from his Quarterly Minimum Guaranteed Revenue and shall be deemed to have been lifted and it will be added as a transfer Quarterly Minimum Guaranteed Revenue in the account of the transferee licensee. This quantity will be over and above the original Quarterly Minimum Guaranteed Revenue of the transferee licensee and his obligation regarding lifting of his original quota shall not be affected.

(iv) A quota transfer fee as prescribed by the Excise Commissioner with the previous approval of the State Government, shall be payable by the transferor licensee at the time of making such request.

Provided that the total quota transferred under this provision shall not exceed 20% of the Quarterly Minimum Guaranteed Revenue of the transferor licensee. Similarly, the transferee licensee shall not be entitled to receive such transferred quota, in excess of 20% of his Quarterly Minimum Guaranteed Revenue.

(d)(i) The licensee desiring to transfer Quarterly Minimum Guaranteed Revenue of his shop, which he is not able to lift, to another shop or shops, may be allowed such transfer of such portion(quota) on quarterly basis, within an excise district.

(iii) On approval of the request of the transferor licensee, the quota agreed upon to be transferred by him shall be deducted from his Quarterly Minimum Guaranteed Revenue and shall be deemed to have been lifted and it will be added as a transferred Quarterly Minimum Guaranteed Revenue in the account of the transferee licensee. This quantity will be over and above the original Quarterly Minimum Guaranteed Revenue of the transferee licensee and his obligations regarding lifting of his original quota shall not be affected.

(iv) "omitted"

Provided that the total quota transferred under this provision shall not exceed 20% of the Quarterly Minimum Guaranteed Revenue of the transferor licensee.

Rule - 8. Amendment of rule-18.

In the said rules, for existing rule-18 set out in Column-I below, the rule as set out in Column-II shall be substituted, namely:-

Column-I

(Existing rule) 18- Interim and Mid-session Settlement -

(a) In case a licence is suspended, cancelled or surrendered in accordance with the provisions of these rules or if the shop remains unsettled for any reason the licensing authority may make interim settlement of the shop at the highest offer on the payment of daily licence fee, on such rates as notified by the Excise Commissioner with prior sanction of the Government for a maximum period of 14 days at one stretch or till the date of regular settlement, whichever is earlier. In case of obtaining two or more equal offers for one shop, settlement shall be done through manual public lottery. Such licensee shall be required to deposit security amount according to the rate of daily licence fees for the period of interim settlement.

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

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

Column-II

(Rule as hereby substituted ) 18- Interim and Mid-session Settlement -

Rule - 9. Amendment of Format F.L.-4 (A) and F.L-4(A)(1).

In the said rules, for existing Forms F.L.-4 (A) and F.L-4(A)(1) set out in Column-I below, the forms as setout in Column-II shall be substituted, namely:-

Column-I (Existing form)

General and special conditions

1. The licensee shall obtain supply of the foreign liquor/beer/wine/LAB including overseas imported liquor from the wholesale licensee (F.L.2/F.L.-2B) of the district after making full payment of price of foreign liquor/beer/wine/LAB including all taxes, consideration fee (including additional consideration fee), cess etc. leviable from time to time preferably through e-payment. If the F.L-.2/F.L.-2B license is not sanctioned in the concerned district, the licensee shall obtain supplies of foreign liquor, beer, wine and low alcoholic beverages from wholesale licencee (F.L.-2/F.L.2B) of other district/districts with prior permission of Excise Commissioner.

2. In case of insufficient supply, the licensee shall inform to the District Excise Officer, who shall obtain orders from Excise Commissioner.

3. Maximum retail price will be printed on the label of bottles/cans/TetraPacks of Foreign Liquor/beer/wine/LAB. The retail licensee shall not charge more than the printed M.R.P.

4. Sale at the licensed premises shall be made for consumption "off" and "on" the premises and licensee/salesman shall be responsible for disposing of remaining PET/glass bottles/cans//Tetrapack as well as capsules affixed upon them after being consumed at the shop as per the SWM Rules 2016.

5. No quantity less than one standard Nip bottle of 60Ml. of liquor shall be sold to any person. No. sale be made to a person below the age of 21 years.

6. The sale shall be made in sealed bottles/cans//Tetrapack of standard capacity and of prescribed strength and which is affixed with security code approved by Excise Department, as proof of payment of consideration fee. Licensee shall also keep arrangement for consumption of liquor and provide tumbler, water, ice, soda, snacks and other cooked edibles.

7 The licensee shall maintain a regular and accurate daily account in the form and register (FL-25A), as prescribed by the Licensing Authority and the account register shall be uploaded on the (www.upexcise.in) portal of the department and produced for inspection whenever asked by the competent inspecting authority. The licensee shall also furnish account of sales etc. and facilitate and provide the material and documents as required by the inspecting authority.

8. The licensee shall store entire stock of Foreign Liquor/wine/beer/low alcoholic beverages in the licensed premises only. He shall be required to maintain P.O.S (Point Of Sale) equipment as specified for scanning of bottles as per prescribed security code under the Track and Trace System.

Column-II (Form as hereby substituted )

General and special conditions

2. In case of insufficient supply, the licensee shall inform to the District Excise Officer, who shall obtain orders from Excise Commissioner.

3. Maximum retail price and strength will be printed in visible words of 1x1 centimeter on the label of bottles/cans/TetraPacks of Foreign Liquor/beer/wine/LAB. The retail licensee shall not charge more than the printed M.R.P.

5. No quantity less than one standard Nip bottle of 60Ml. of liquor shall be sold to any person. No. sale be made to a person below the age of 21 years.

8. The licensee shall store entire stock of Foreign Liquor/wine/beer/low alcoholic beverages in the licensed premises only. He shall be required to maintain P.O.S(Point Of Sale) equipment as specified for scanning of bottles as per prescribed security code under the Track and Trace System.

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

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.

>Drunken driving can be fatal, please do not drink and drive."

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

11. Licensee shall not sell to any purchaser in quantity more than the notified quantities of foreign liquor inclusive of whisky, brandy, rum (including transparent rum), gin, vodka, wine, LAB and other kind of liquor bottled in India and imported separately at a time, except under a permit.

12. The sale should not be made to a person below the age of twenty-one years, Police personnel below the rank of sub inspector or to a soldier or a Government official in uniform.

13. The licensee is strictly forbidden from tampering with bottles, pilfer proof seals or their labels and security Code affixed under security System any pretext whatsoever.

14. The Licensee shall not keep in his licenced premises any spirit, caramel, colour, essence, security Code making apparatus lables capsules, seals or any other noxious material.

15. The premises in which the shop is situated, shall not be used as a place of residence except by the licensee/salesmen.

16. The licensee is strictly forbidden from having recourse to any form of blandishment or inducement to the customer with a view to increase his sales such as dancing floors or gambling.