UTTAR PRADESH EXCISE (SETTLEMENT OF RETAIL
LICENSES FOR MODEL SHOP OF FOREIGN LIQUOR) (EIGHTH AMENDMENT) RULES, 2016
PREAMBLE
In
exercise of the powers under Sections 24-B and 41 of the United Provinces
Excise Act, 1910 (U.P. Act 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,
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 3, 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 Licenses for Model Shop of Foreign Liquor) (Eighth Amendment) Rules,
2016.
(2)
They shall come into force at once.
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, the following rule shall
be substituted, namely-
"2. Definition.-
(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)
"Daily Licence Fee" means that part of consideration
which is payable by the grantee of interim licence on such rate as notified by
the Excise Commissioner with prior approval of the State Government. The amount
of daily licence fee shall be adjustable against the licence fee for the shop.
(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 and Liquors and also
includes draught beer, beer brewed in India and low alcoholic beverages.
(d)
"Excise Year" means the financial year commencing from
1st April to 31st March of the next calendar years.
(e)
"Family" means and included spouse (husband or wife),
dependent son(s), unmarried daughter(s) and dependent parents.
(f)
"Form" means the form appended to these rules.
(g)
"Licensing Authority" means the Collector of the
District.
(h)
"Licence Fee" means a sum fixed in consideration of the
grant of the licence for exclusive privilege for selling of foreign liquor in a
Model Shop:
Provided that if such shop is
setteled/resettled during middle session for the remainder period of the year,
then-
(i)
If such shop is settled/resettled during first quarter (from April
1 to June 30), the licence fee as fixed for the whole year shall be payable.
(ii)
If such shop is settled/resettled during second quarter (from July
1 to September 30), the licence fee shall be payable equivalent to 3/4 part of
annual licence fees.
(iii)
If such shop is settled/resettled during third quarter (from
October 1 to December 31), the licence fee equivalent to 1/2 part of annual
licence fee shall be payable.
(iv)
If such shop is settled/resettled during fourth quarter (from
January 1 to March 31), the licence fee equivalent to 1/4 part of annual
licence fee shall be payable.
(i)
"Security Amount" means a sum fixed by the Excise
Commissioner with prior approval of the State Government.
(j)
"State" means the State of Uttar Pradesh.
(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.".