Uttar Pradesh
Excise (Wholesale and Retail Vend of Foreign Liquor) (Third Amendment) Rules,
1992
In exercise of the powers under Section 41 of the U. P. 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. I of 1904), and with the previous sanction of the
State Government, the Excise Commissioner of Uttar Pradesh is pleased to make
the following rules, with a view to amending the rules relating to vend of
foreign liquor (other than denatured spirit) published with Excise
Commissioner's Notification No. 9473/XIII-213-A, dated March 25, 1926 as
amended from time to time.
Rule - 1. Short title and commencement.
(1)
These rules may be called the Uttar Pradesh
Excise (Wholesale and Retail Vend of Foreign Liquor) (Third Amendment) Rules,
1992.
(2)
They shall come into force with effect from
April 1, 1992.
Rule - 2. Amendment of Rule 639.
In the rules relating to vend of foreign liquor (other than denatured spirit)
published with Excise Commissioner's Notification No. 9473/XIII-213-A, dated
March 25, 1926 hereinafter referred to as the said rules, as amended from time
to time for the existing Rule 639, the following rule shall be substituted,
namely: —
"639.
(1) Licences for wholesale vend of foreign liquor shall be of four classes,
viz.
(a)
In Form F. L. I. for wholesale vend by
manufacturers of their own produce to wholesale vendors save that brewers
holding licence in Form F. L. I. may issue beer to troops or regimental units
and to canteen tenants licence, directly under their licence.
Note.—Beer when issued as
above to troops will be assessed at the rate of three paise per litre. No fee
will, however, be levied on issues to canteens.
(b)
In Form F. L. 2 (appended) for wholesale vend
to wholesale and retail vendors. (c) In Form F. L. 2-A (appended) for wholesale
vend to military wholesale and retail vendors. (d) In Form F. L. 2-B (appended)
for wholesale vend of beer only to wholesale and retail vendors.
(2) Licence in Forms F. L.
I. and F. L. 2-A shall be granted by the Collector only with the previous
sanction of the Excise Commissioner and licences in Form F. L. 2 and F. L. 2-B
shall be settled by public auction but the Excise Commissioner may reserve the
right to grant any licence on payment of fixed fee or fee to be determined in
accordance with the graduated or uniform scale.
Note.—(a) A licensee holding
a licence in Form F. L. 2orF. L. 2-AorF. L. 2-B for wholesale vend of foreign
liquor in the district in which he holds a licence, can hold a licence, for
retail vend of foreign liquor also.
(b) In the case of grant of
new licence in any of the Form F. L. lor F. L. 2-A whenever any existing
licence 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 case should first be referred to the State Government with full
justification for the same for their approval. After receipt of Government
approval, further action may be taken for the selection of the grantee strictly
in accordance with the rules on the subject."
Rule - 3. Amendment of Forms.
In the said rules, the following Form F. L. 2 shall be substituted, namely: —
F.L.
2
(PARAGRAPH
639)
Licence
for wholesale vend of foreign liquor {other than denatured spirit) to licensed
vendors
Register No……………………..
Name of licence
holder……………………….
Licence for the wholesale
vend of foreign liquor, other than denatured spirit, is hereby granted
to……………….at……………………in the district of……………………………from……….to………………………eess and for
which Rs. 8,00,000 (Rupees Eight Lacs) as licence fee has been deposited in
advance by treasury challan/Bank Draft No……………………………date…………………and Rs. 50,000
has been deposited as security, details of which are given on the last page of
the licence, subject to the following conditions, the infraction of any of
which or a conviction for any offence under the U. P. Excise Act, 1910 or
Narcotic Drugs and Psychotropic Substances Act, 1985 shall render the licensee
liable to the forfeiture of his licence and security deposited in advance in
addition to any penalties, imposed under the above laws.
CONDITIONS
1.
Sales shall be made only at the licensed
premises.
Country spirit shall not be
kept/stored in the same premises, and. if the Excise Commissioner has
prohibited the sale of any particular foreign brand as being unwholesome, that
brand shall not be kept and sold under this licence.
2.
The licensee shall store all his stock of
foreign liquor pertaining to his shop in the premises for which he holds this licence.
3.
Sales shall only be made in quantities
exceeding nine bulk litres or twelve reputed quart bottles in the case of
Indian made Whisky, Brandy, Rum or Gin and one case or 12/24 Bottles (650/325
ml.) in the case of Beer.
4.
No sale of Indian made Brandy, Whisky, Gin or
Rum shall be allowed except in bottles having capacity of 1000 ml., 750 ml.,
500 ml., 375 ml., or 180 ml.
5.
The guaranteed fluid contents of the bottles
shall be clearly indicated in bold letters on the label, whether the liquor is
bottled in India or abroad.
6.
The sale strengths of Brandy, Whisky and Rum
shall not be weaker than 42.8 per cent v/v. Reduction of strength of spirit,
except under special orders of the Excise Commissioner, is prohibited.
7.
Sales shall not be made before 10.00 a.m. or
after 6.00 p.m.
8.
The bottling of foreign liquor is prohibited,
except under, the separate bottling licence granted by the Excise Commissioner.
9.
The compounding of foreign liquor is
prohibited except under the special sanction of the Excise Commissioner.
10.
No drug or deleterious substances shall be
added to the liquor.
11.
The business covered by this licence shall
not be sublet or transferred.
12.
At the entrance to the shop a signboard shall
be affixed on which shall be painted the name of the vendor and designation of
"Licensed wholesale vendor of foreign liquor", authorised to sell to
licensed vendors.
13.
The licensee shall maintain regular and
accurate accounts in the prescribed Register to be obtained from the
Collector's office on payment, and shall produce the same for inspection of any
officer authorised by Government to demand their production.
14.
The transport of foreign liquor/Beer from
wholesale premises shall be covered by a passin Form F. L. 36which shall be
duly signed by the Excise Inspector of the circle concerned. The F. L. 36 pass
shall be deemed invalid in absence of the signature of the Excise Inspector
concerned.
15.
The licensee shall not allow any person to
conduct sales in his licensed premises unless the name of such person shall
have been previously submitted to the Collector for approval and endorsed by
him on the licence.
16.
The licensee shall not employ any person
suffering from any contagious or infectious disease for any purpose in his
licensed premises.
17.
The licensee shall produce for inspection
this licence on demand by officers who are duly authorised to do so under the
rules.
18.
The licensee shall receive supply of Foreign
liquor from the Bonded warehouses or distilleries situated in U. P.
19.
No sales of Indian made Brandy, Whisky and
Rum on Bar Licenses F. L. 6, 6-A. 7, 7-A and F. L. 7-G (Club Bar Licence)
except in standard Bottles of 1000 ml., 750 ml. and 500 ml., shall be made.
20.
Licensee shall be liable to supply Foreign
Liquor/Beer according to the demands of licensed retail vendors.
21.
Licensee shall sale Foreign Liquor to the
licensed retail vendors within the region of the Deputy Excise Commissioner
concerned.
Date…………………..
Collector,
(Seal)
Particulars
of security money deposited by licensee
The
Licensee has deposited Rs. 50,000 (Fifty thousand rupees) as Security in this
office, the particulars of which are as follows:
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Serial
No.
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Type
of security
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Particulars
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Value
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1
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2
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3
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4
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Collector,
(Seal)
Premises of shop and details
of vendors, as approved by the Collector of the concerned district.
A.
(i) Particulars of Premises: House No. and Situation.
(ii) Boundary North
South
East
West.
B.
Vendor
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Serial
No.
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Father's
name
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Address
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Collector,
(Seal)
Date………….
4.
In said rules, after Form F. L. 2-A, the following Form shall be inserted:
F.
L. 2-B
(PARAGRAPH
639)
Licence
for wholesale Vend oj Beer only
Register No…………………….
Name of licence
holder........................
Licence for the wholesale
vend of Beer other than denatured spirit, is hereby granted to…………………at………….in
the district of…………………..from……………….to…………….for which Rs. 3, 00, 000 (Rupees
three lacs) has been paid in advance by treasury Challan No./Draft
No…………………dated………………and security of Rs. 15,000 (Fifteen thousand) has been
deposited the details of which are given on the last page of this licence,
subject to the following conditions, the infraction of any of which or a
conviction for any offence under the U. P. Excise Act, 1910 or Narcotic Drugs
and Psychotropic Substances Act, 1985 shall render the licensee liable to the
forfeiture of his licence and security deposited in advance in addition to any
penalties imposed under the above laws.
CONDITIONS
1.
Sales shall be made only at the licensed
premises, Foreign liquor/country spirit shall not be kept/stored in the same
premises, and if the Excise Commissioner, has prohibited the sale of any
particular foreign brand as being unwholesome, that brand shall not be kept and
sold under this licence.
2.
The licensee shall store all his stock of
Beer pertaining to his shop in the premises for which he holds this licence.
3.
No sale of Beer shall be allowed except in
bottles of 650 ml. and 325 ml.
4.
The guaranteed fluid contents of the bottles
shall be clearly indicated in bold letters on the label, whether the liquor is
bottled in India or abroad.
5.
Sales shall not be made before 10.00 a.m. or
after 6.00 p.m. on the day.
6.
The bottling of Beer is prohibited except
under separate bottling ‘licence granted by the Excise Commissioner.
7.
The compounding of Beer is prohibited, except
under the special sanction of the Excise Commissioner.
8.
No drug or deleterious substance shall be
added to the liquor.
9.
The business covered by this licence shall not
be sublet or ' transferred.
10.
At the entrance to the shop a signboard shall
be affixed on which shall be painted the name of the Vendor and designation of
"Licensed wholesale vend of Beer authorised to sell to licensed
vendors".
11.
The licensee shall maintain regular and
accurate accounts in the prescribed register to (be obtained)
from the Collector's office on payment and shall produce the same on demand for
inspection by any officer authorised by Government.
12.
The transport of Beer from wholesale premises
shall be covered by a pass in Form F. L. 36which shall be signed by Excise
Inspector of the circle concerned. These passes shall be deemed as invalid in
absence of the signature of Excise Inspector concerned.
13.
The licensee shall not allow any person to
conduct sales in his licensed premises unless the names of such person has been
previously submitted to the Collector for approval and endorsed by him on the
licence.
14.
The licensee shall not employ any person
suffering from any contagious or infectious disease for any purpose in his
licensed premises.
15.
The licensee shall produce his licence for
inspection to the offices, authorised to do so under the rules. :
16.
The licensee shall receive supply of Beer
from the Breweries or Bonded warehouses of Foreign liquor/Beer, situated in U.
P.
17.
The licensee shall be bound to supply Beer as
per demand.
18.
The licensee shall sale Beer to the licensed
retail vendors of foreign liquor situated within the region of the Deputy
Excise Commissioner concerned.
Collector,
(Seal)
Date………………..
Details
of security money deposited by licensee
The
licensee has deposited the security of Rs. 15,000 (Rupees fifteen thousand) in
this office, the particulars of which are as follows.
|
Serial
No.
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Type
of Security
|
Particulars
|
Value
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1
|
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2
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Collector,
(Seal)
The premises of shop and
details of vendors as approved by the Collector of the concerned district—
A.
(i) Detail of Premises House
No. and situation.
(ii) Boundry North
South
East
West
B.
Vender
|
Serial
No.
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Father's
name
|
Address
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Collector,
(Seal)
Date……………………
PULOK CHATTER JI
Excise Commissioner,
U. P.