Haryana Liquor Licence Rules, 1970
Published vide Haryana Notification No. G.S.R. 26/P.A. 1/14/S. 59/70, dated 6th March 1970. Haryana Government Gazetted (Extraordinary), Dated March 7, 1970
hl163
Excise and Taxation Commissioner's Office Haryana
No. G.S.R. 26/P.A. 1/14/S. 59/70. - In supersession of Excise and Taxation Commissioner's notification No. G.S.R. 19/P.A. 1/14/S. 59/70, dated the 24th February, 1970, and in exercise of the powers conferred by section 59 of the Punjab Excise Act, 1914 (1 of 1914), read with Haryana Government notification No. S.O. 81/P.A.I/14/S. 68, dated the 25th, June, issued under Section 9 of the said Act, and all other powers enabling me in this behalf, I. J.S. Sarohia, Excise and Taxation Commissioner, Haryana hereby make the following rules, namely :-
- (1) These rules may be called the Haryana Liquor License Rules, 1970.
(2) They shall come into force on the first day of April, 1970 :
Provided that for the purpose of holding auctions for any period commencing on or after the first day of April, 1970, they shall be deemed to have come into force on the date of their publication in the Official Gazette.
A - Classes of Licenses and Authorities Empowered to Grant and Renew them
- There shall be following classes of licenses. Their mode of grant and the authorities to grant and renew them shall be as noted against each :-
Authority empowered to _________________________________ | ||||
Form | Nature | Mode of grant | Grant | Renew |
I-Foreign Liquor | ||||
L-1 | Wholesale and retail vend of foreign liquor for trade in the district | Fixed fee | Collector | Collector. |
*L.1-A | (i) Wholesale and retail vend of Foreign Liquor to the trade only | Fixed fee | Collector | Collector |
(ii) Wholesale and retail vend of foreign Liquor to the highest bidder of each Excise District. | Fixed Fee | Collector | Not renewable | |
*L.1-B | Wholesale vend of Indian Made Foreign Spirit for sale to L-1 licensees in the State | Fixed fee | Collector | Collector |
L.1-B1 | License for import and sale of beer, wines, ciders and liquor from the distilleries and breweries of the other states as well as of Haryana. | Fixed fee | Collector | Collector |
L.1-B1-A | License to all the breweries of their C and F agent for sale of ready to drink beverages. | Fixed Fee | Collector | Collector. |
L.1-C | Right to sell Indian made Foreign Liquor by the distillery/brewery/bottling plant/winery to L-1, L-1-B | located in the State of Haryana | Fixed fee | Collector |
L.2 | Wholesale and retail vend of foreign liquor to the public only | Auction or Private Contract | Ditto | Not renewable |
**L.2-A | Retail vend of Rum and Gin of the strength of 50 degree proof to the public only for consumption "off" the premises | Fixed fee | Ditto | Ditto |
L.3 | Retail vend of foreign liquor in a hotel or dak bungalow | Fixed fee | Ditto | Collector |
L.4 | Retail vend of foreign liquor in a restaurant | Fixed fee | Collector | Collector |
L.5 | Retail vend of foreign liquor in a bar attached to a restaurant (Supplementary to Form L.4) | Ditto | Ditto | Ditto |
L.6 | Retail vend of foreign liquor in a railway refreshment room | Fixed fee | Ditto | Ditto |
L.7 | Retail vend of foreign liquor in a railway dining car | Ditto | Financial Commissioner | Financial Commissioner |
L.8 | Retail vend of foreign liquor off the premises (Supplementary to Nos. L.3, L.4, L.6 and L.7) | Fixed fee | Collector except when supplementary to L.7, which shall be granted by the Financial Commissioner | Collector except when supplementary to L.7, which shall be renewed by the Financial Commissioner |
L.9 | Retail vend of foreign liquor in a military canteen including unit run military canteens or those run regimently on club lines or in canteen run by Border Security Forces or National Security Guards or Indian Tibet Border Police | Fixed fee | Collector on the recommendation of the Commanding Officer | Collector |
L.10 | Retail vend of beer for consumption 'on and off' the premises | Fixed and assessed fee | Collector | Collector |
L.10A | Retail of vend beer having 3 per cent alcoholic contents for consumption "off" the premises in rural areas only | Ditto | Ditto | Not renewable |
L.10B | [omitted] | |||
L.11 | Bottling of foreign liquor | Fixed fee | Ditto | Collector |
L.12 | Vend of medicated wines | Ditto | Ditto | Ditto |
L.12A | Temporary license for the retail sale of foreign liquor at a bar in a theatre or cinema or in any other temporary place of recreation | Fixed fee | Ditto | Ditto |
L.12B | License for the retail vend of foreign liquor at a bar attached permanently to a theatre or cinema or other such place of entertainment | Assessed fee (plus fixed fee in case of cinema) | Ditto | Ditto |
L.12C | Licence for the retail vend of foreign liquor at a club [of repute situated in and around bug cities] | Fixed fee | Collector | Collector |
L.12D | Licence for the manufacture and possession of sacramental wine for use on special occasions | Free | Ditto | Ditto |
* Haryana Notification dated 27.3.1998.
** 1990 Legislative Supplement Part III dated 21.2.1990.
# Substituted by Haryana Notification No. S.O. 40/P.A. 1/1914/S. 59/2004. dated 31.3.2004.
#* Added by Haryana Notification No. GSR34/PA1/1914/s.59/99 dated 30.3.1999.
## By Haryana Notification No. GSR16/PA1/14/s.59/2000 dated
###Class L-10B omitted vide Haryana Notification No. S.O. 44/P.A.1/1914/S. 59/2003, dated 31.3.2003.
II - Country Spirit | ||||
L.13 | Wholesale vend of country spirit | Fixed fee | Collector | Not renewable except by the Collector when it is held by a distillery |
L.13A | Wholesale vend of Rum and Gin of the strength of 50 degree proof to the trade only | Ditto | Ditto | Ditto |
L.14 | Retail vend of country spirit for consumption "on and off" the premises | Auction or Private contract | Collector, except that in the case of private contract, the granting authority shall be Financial Commissioner | Not renewable |
L.14A/SV | Retail sub-vend of rum and gin of the strength of 50 degree proof attached to L-14A vend for consumption of liquor "off" the premises | Fixed fee | Collector | Ditto |
*L.14B | Retail vend of country spirit at a fair or on a special occasion | Auction or Private Contract | Collector except that in the case of private contract the granting authority shall be Financial Commissioner | Ditto |
L.15 | Bottling of country spirit | Fixed fee | Ditto | Collector |
L.16 | Reduction of country spirit | Free | Ditto | Ditto |
* Leg. Sup. Part III dated 16.1.1990. | ||||
III - Denatured Spirit | ||||
L.17 | Vend of denatured spirit wholesale and/or retail | Fixed fee and assessed fee | Collector | Collector |
IV - Rectified Spirit | ||||
L.19 | Vend of rectified spirit wholesale and/or retail | Fixed fee | Collector | Collector |
V - Special | ||||
L.21 | Extension of hours during which sale is permitted | Fixed fee | Collector | Collector |
Licenses in forms L.1, L.1-A, L.1-B, L.1B1, L-1-C, L.2, L.3, L.4, L.5, L.6, L.7, L.8, L.9, L.10, L.11, L.12-A, L-12-B, L.12-C, L.13, L.14, L.14-A, L.15 and L.16 shall however, be granted with the previous consent of the Financial Commissioner.
[-]
- Regulations Governing the Grant and Renewal of Licenses
- The authority given by these rules to grant and renew licenses is, in each case, subject to the restrictions contained in the Punjab Intoxicants License and Sale Order as to the localities in which licenses may be granted and the number of licenses which may be granted in any local area, and to such reservations from the general superintendence of the Financial Commissioner as the State Government may notify under section 8 of the Punjab Excise Act, 1914.
- Every license shall be granted to a particular licensee in respect of particular premises [/area.]
- A license may only be granted to :-
(a) an individual;
(b) a body incorporated under the Companies Act, 1956;
(c) a society registered under the Punjab Co-operative Societies Act, 1961 (Punjab Act No. 25 of 1961); and
(d) a partnership or firm.
- When a license is granted, to a company or society referred to in rule 5(b) or 5(c) above it must show the name of an individual as agent acting on behalf of the licensee who is amenable [-]to the Criminal Courts in India. On the application of the company or society the representative licensee may be changed by the authority competent to renew the license.
- When a license is granted to a partnership or firm, not incorporated under any Act, all the individuals comprising the partnership or firm should be specified in the license.
- On the application in writing of all the original partners, a partner may, at any time, be added, in case of renewable licenses by the authority competent to renew the license and in case of licenses granted by auction, by the Collector; provided the proposed partner is eligible under the Punjab Intoxicants License and Sale Orders or these rules, in which case he shall be responsible for all obligations incurred or to be incurred under the license during the period of its currency as if it had originally been granted or renewed in his name.
- On the application in writing of all the original partner, a partner may, at any time, be removed, in case of renewable licenses, by the authority competent to renew the license, and in case of licenses granted by auction, by the Collector.
- A license granted to a partnership [or firm]is determined by the dissolution of the partnership [or firm], subject to the liability of the partners jointly and severally, for any loss caused to the Government thereby and for the performance of all obligations to Government incurred by the partnership [or firm].
- A license is said to be renewed when it is continued after the period of its expiry by the same licensee in respect of the same premises; and whenever a license has been determined by reason of surrender, cancellation or order of non-renewal or other causes, or where it is proposed to issue a license in respect of premises or persons not previously licensed, a new license is required :
Provided that-
(a) a new license is not required on account of the addition or removal of a partner on the application of all the partners or the change of representative of a company or society;
(b) a license continued in favour of the legal representative of a deceased license for the remaining period of the license shall not be deemed to be new license;
(c) if the premises of a license are changed during the period of its currency, the authority competent to grant the license may direct that license may be continued for the remaining period of the term on the existing fee;
(d) a license may be transferred by the authority competent to grant it for the remainder of its currency to a new licensee.
- All applications, for the grant or renewal of licenses, which require the orders of the Financial Commissioner under the Punjab Intoxicants License and Sale Orders or these rules, should be received through the proper channel in the Financial Commissioner's Office before the end of October in each year.
Provided that applications for the grant of a license in form L.3 or L.12-B may, in urgent cases, where they do not adversely affect any existing license be submitted at any time during the year.
- No person to whom a license has been granted shall be entitled to claim any renewal thereof [as a matter of right]and no claim shall lie for damages or otherwise in consequence of any refusal to renew a license on the expiry of the period for which it remains in force.
The excise inspector shall lay before the Collector, by the 7th January, each year, a list of all licenses, requiring renewal. The list shall be accompanied, in the case of licenses granted on assessed fee, by a certificate of sales as required by rule 30; in the case of bottling licenses, by a similar certificate showing litres (London Proof) bottled up to December 31.
[Except in exceptional circumstances with the sanction of the Financial Commissioner, no order for renewal or non-renewal shall be made in respect of license in form of L-17 for the vend of denatured spirit;] and [in respect of the licenses in respect of other licenses in which a complaint is pending against the holder thereof.]
- No license, under these rules, except a license for the vend of medicated wines, denatured and rectified spirit in form L.12, L.17 and L.19 respectively, shall be combined with any license for any dealings with any dangerous drug as defined in section 2(h) of the Dangerous Drugs Act, 1930 (Central Act No. 2 of 1930), without the specified section of the Collector.
- No license shown in column 2 of the sub-joined table shall be held by persons holding or in any way connected in interest with the persons holding any of the licenses shown against them in column 3 except where is has been specifically provided that it may be held with the special sanction of the Financial Commissioner:-
S.No. | A license in form | May not be held in conjunction with |
1 | 2 | 3 |
1. | L.1 | A license in form L.3, L.4, L.5, L.8, L.12-B, or L.12-C, except with the special sanction of the Financial Commissioner. |
2. | L.2 and L.10 | A licence for vend of any country Liquor, denatured spirit or rectified spirit |
3. | L.3, L.4, L.5, L.8, L.12-B or L.12-C | A license in form L.1, L.2 or L.10 except with the special sanction of the Financial Commissioner, and a license for any dealings in country liquor. |
4. | L.9 | A licence in form L.2, L.3, L.4, L.5, L.6, L.7, L.8, L.10, L.12-A, L.12-B or L.12-C. |
5. | L.13, L.14, L.14-A, or L.14-B. | Any license except licence in form L.10 for any dealings in foreign liquor, rectified or denatured spirit or country fermented liquor. |
6. | L.17 | A license for any dealings in country liquor or for the vend of foreign liquor or rectified spirit. |
- (1) No [Juristic]person holding a license for a distillery may hold any licence under these rules except,-
(a) a license in form L-1 for the vend of foreign liquor by wholesale;
(b) a license in form L-13 for the wholesale vend of country spirit;
(c) a license in form L-17 for the wholesale vend of denatured spirit;
(d) a license in form L-19 for the wholesale vend rectified of spirit;
(2) No person holding a license for a brewery shall hold any license under these rules, except a licenses in form L-1 and L-10.
- The licenses shown in column 1 of the following table may only be granted to the persons shown against them in column 2 :-
A license in form | May only be granted to |
1 | 2 |
L.1 | The holder L-2 vends in a group in the district |
*L.1-B | The holder of a distillery license |
*L.1-C | The holder of a distillery/brewery/bottling plat/winery license |
**L.2-A | The holder of a license in form L.14 or L.14-A |
L.5 | The holder of a license in form L.5 (only the most superior establishments shall be so licensed). Holders of L.3 license shall not be granted L.5 licenses unless they are also in possession of L.4 license |
L.8 | The holder of a license in forms L.3, L.4, L.6 and L.7 |
L.10A | To the holder of a license in form L.14 and L.14A in rural area only |
L.11 | The holder of a license in form L.1 and/or l.2 or to the holder of a license in form B.W.H. 2 to run an excise bonded warehouse. |
L.12 | A chemist or druggist of good standing |
***L.14-A/SV | To the holder of a licence in form L.14-A. |
L.15 | To the holder of a license in form B.W.H. 2 to run an excise bonded whorehouse |
L.16 | The holder of a license in form B.W.H. 2 to run an excise bonded warehouse |
L.19 | A person holding a license in form L.12 or L.17 or a chemist of a druggist or good standing |
L.21 | A person holding a license in form L.2 |
*Haryana Government Gazette LSP III dated 1.1.1987.
**Haryana Government Gazette Leg. Sup. Part III dated 21.2.1990.
***Haryana Government Gazette Leg. Sup. Part III dated 16.1.1990.
#Added by Haryana Notification No. GSR30/PA1/1914/s.59/2002 dated 2.4.2002.
#* Added by Haryana Notification No. GSR34/PA1/1914/s.59/99 dated 30.3.1999.
- A list of all L-1, L-2, L-3 and L-4 licenses shall be drawn up in each district in April, each year and supplied to managers of the distilleries in Haryana by the 15th April.
- A license in form L.9 may be granted on the recommendation of the competent authority of military or Boarder Security Forces only for the sale of foreign liquor in military units, and in battalions Boarder Security Forces as the case may be. All canteens including unit run military canteens or those run regimentally on club lines or run by [Border Security Forces or National Security Guards or Indian Tibet Border Police]shall be required to take out his license.
- A special license in form L-12-A may be granted for the retail vend of foreign liquor at a bar, when temporary arrangements for the sale of foreign liquor are required.
Note :- At private or public functions at which a paid contractor supplies liquor for which he is paid, he must take out a license in form L.12-A whether he paid by each consumer or not. At private functions at which no paid contractor supplies liquor on payment, no licence is required. If a recognised club at such a function supplies liquor to non-members on payments by non-members it occupies the position of a contractor and a license must be taken out in form L.12-A. The maximum period of such license will not, except with the special permission of the Financial Commissioner exceed one month, i.e. from the first date of the validity of the license to the date immediately preceding that date in the succeeding month. If a license is granted for two or more days excluding an intervening day or days no fee shall be charged for the intervening day or days.
20A. A license in form 12-D shall be granted to the Church authorities only.
- The maximum number of licenses for the wholesale vend of country spirit in form L.13 fixed for each district shall not be exceeded without the sanction of the Financial Commissioner.
The names of the licensees shall be reported to the Financial Commissioner and a list supplied to the managers of distilleries in Haryana by the 16th April.
- A license in form L.14-B may be granted for the vend of country spirit, on special occasions, subject to the following conditions :-
(i) No special liquor license shall be granted for any fair where such a license has hitherto not been granted, or where having in the past been granted, it has now been discontinued. If a new fair is inaugurated, the Collector shall not grant a special licence without the consent of the Financial Commissioner.
(ii) In the case of fair for which the special liquor licence have hitherto been granted, the Collector may continue to grant such licences. He should, however, take cognizance of any bona fidemovement favouring prohibition, and he may without further sanction, decline to grant the special liquor license, if, on testing local opinion as provided in the Punjab Intoxicants License and Sales Orders, he is [fully] satisfied that the discontinuance of such a license would be a measure approved by the un-questioned voice of the local opinion, and that such local opinion is free from any suspicion of connivance at illicit distillation.
(iii) Licenses for recurring fairs of importance at which it is permissible under these rules to provide for the sale of country liquor should be included in the list of shops to be auctioned.
C - Fees
- The fees payable in respect of licenses under these rules are of the following kinds:-
(a) fixed fees;
(b) assessed fees;
(c) fees determined by auction or private contract.
Fixed Fees
- The following scale of fixed fees is hereby provided :-
(i) For a license in form L.1, [Rs. 10,00,000]
[Provided that the location of L-1 vend from any retail vend owned by any other licensee is atleast 2 kilometres away and it can be opened in the area where the licensee is having a retail vend of foreign liquor.]
[Provided further that no such license shall be issued or renewed unless an application fee of five thousand rupees and a security of one lakh rupees is deposited which shall be liable to be forfeited or adjusted for any amount or penalty due under the Act.]
(i-a) for a license in form L.3, [Rs. 25,000/- per annum.]
[(i-b) for licenses in form L-4/L-5, the composite fee of Rs. 6,00,000/- per annum shall be payable in equal quarterly instalments before the beginning of each quarter. A new licensee shall not be required to pay license fee for the quarter(s) already elapsed before the grant of license to him, but he shall have to pay the license fee for the whole quarter in which the license is granted and for every succeeding quarter(s) till the 31st March and Rs. 25,000/- per annum for every additional point, subject to a maximum of three additional points, in the same premises in an enclosed, demarcated and approved space except the poolside.]
[(i-bb) for licenses in form L-4/L-5 granted to hotels/restaurants with rating of three star and above, composite fee per annum shall be Rs. 6,00,000/- payable in equal quarterly instalments before the beginning of the each quarter. A new licensee shall not be required to pay license fee for the quarter(s) already elapsed before the grant of license, but he shall have to pay the license fee for the whole quarter in which the license is granted and for every succeeding quarters) till the 31st March and Rs. 1,00,000/- per annum for every additional point, subject to a maximum of five additional points, in the same premises in an enclosed, demarcated and approved space except the poolside.]
(i-c) [Omitted]
(i-d) for a license in form L.8, Rs. 150000/- per annum.
[(i-e) for a license in form L-1B, -
(a) Rs. 3.00 lakhs for sale not exceeding 10,000 cases;
(b) Rs. 6 lakhs for sale exceeding 10,000 cases but not exceeding 25,000 cases,
(c) Rs. 15 lakhs for sale exceeding 25,000 cases;
Provided that applicants having sales below 10,000 cases per annum shall have the option not to take L-1B License but he shall have to pay double the normal excise duty and permit fee. They shall be required to get the brand labels approved but no brand label fee shall be charged;
Provided further that in case the sale of a L-1B exceeds the quantum for which he has taken the license, then he shall pay the differential license fee of the next higher slab;]
[(i-ee) for a license in form L-1B1 (for beer/wine), Rs. 2.5 lakhs;
Provided that the applicants shall have the option not to take L-1B1 license but such applicants shall have to pay one and half time the normal excise duty and permit fee. They may be required to get the brand labels approved but no brand label fee shall be charged;]
(i-eee) for a license in form L-1B1-A (Ready to drink beverages), Rs. 2.5 lakhs;]
[(i-f) For a license in the Form L-14A/SV, Rs 100,000 per annum payable in advance.]
[(i-g) For a license in form L-I-C, Annual fees at the given rates given below against each:-]
(I) Whisky/Scotch | Rs. 50,000 per brand |
(II) BEER | Rs. 40,000 per brand |
(III) Rum | Rs. 40,000 per brand |
(IV) Gin | Rs. 25,000 per brand |
(V) Ready to drink beverages | Rs. 40,000 per brand |
(VI) Vodka/Wine/Brandy/Cider/Champaign | Rs. 10,000 per brand |
(VII) Wine | when supplied for Canteen Stores Department |
[(i-gg) Country Liquor Rs. 50,000 per brand;]
[(ii) A license in form L-11 to bottle Indian Made Foreign Liquor shall be granted on payment of license fee of Rs. [10,00,000] per annum which shall be renewable on payment of renewal fee of Rs. [10,00,000] per annum;
(ii-a) A license in form L-15 to bottle country liquor shall be granted on payment of license fee of Rs. [10,00,000] per annum which shall be renewable on payment of renewal fee of Rs. [10,00,000] per annum;
(ii-b) In case the license is to bottle both, Indian Made Foreign Liquor (L-11) and country liquor (L-15), the license fee shall be Rs. [12,00,000] per annum which shall be renewable on payment of renewal fee of Rs. [12,00,000] per annum].
[Provided that the licensee holding license in form L-II shall be liable to pay registration fee of Rs. 5 lacs per brand per year for the brands to be bottled in Haryana];
Provided further that the license holders of D-2 license and B-I license who bottle brands other than their own brands shall also be liable to pay registration fee at the same rate as holder of license in form L-II;
In addition to registration fee for such bottling both category of licensees referred to above shall also be liable to pay the franchise the at the following rates :-
"Franchise Fee"
Franchise Fee | |
Country Liquor | Re. 0.50 per proof litre |
Indian Made Foreign Spirit | Rs. 7.00* per proof litre |
Beer | Rs. 3.00 per bulk litre"; |
* By Haryana Notification No. GSR30/PA1/1914/s.59/2002 dated 2.4.2002.
Franchise Fees substituted by Haryana Notification No. S.O. 24/P.A. 1/1914/S. 59/2005. dated 31.3.2005.
(iii) For a license in form L.12, Rs. 50 per annum;
(iv) For temporary license in form L.12-A; the fee shall be fixed by the Financial Commissioner subject to the following limits :-
Minimum fee :- Rs. 10 per license, or for licenses for more than a day Rs. 5 per diem, whichever is greater.
Maximum fee :- Rs. 500 per diem
Ordinarily fee should not be assessed greatly exceeding the minimum, except in cases in which the sales are certain to be very large. When L.12-A licenses are required for entertainments which are to be a regular weekly feature or are to be given at more frequent intervals, the fees should be assessed progressively, greater according to the frequency with which an entertainment is to be held. The Collector shall recommend fee for the approval of the Financial Commissioner. In making his recommendations, the Collector shall take into consideration the retail prices of liquor and the quantity of liquor likely to be sold. Should it not be possible in the case of new institution to estimate for a sufficient period the quantity of liquor likely to be sold, the Collector shall submit his recommendation for a limited period only and report again after greater experience has been gained.
[Provided that a license in form L-12A shall be granted by the Deputy Excise and Taxation Commissioner (Excise), to an individual at his own house/premises against Rs. 500/- per day per function and for other premises Rs. 1,500/- per day per function and the applicant shall have to specify the quantity of liquor which he proposes to serve at the function/occasion.]
[(iv-a) for licenses in form L-12-C, the composite fee of Rs. 6,00,000/- per annum shall be payable in equal quarterly instalments before the beginning of each quarter. A new licensee shall not be required to pay license fee for the quarter(s) already elapsed before the grant of license to him, but he shall have to pay the license fee for the whole quarter in which the license is granted and for every succeeding quarter(s) till the 31st March and Rs. 25,000/- per annum for every additional point, subject to a maximum of three additional points, in the same premises in an enclosed, demarcated and approved space except the poolside.]
[(iv-b) for licenses in form L-12-C granted to clubs with rating of three star and above, composite fee per annum shall be Rs. 6,00,000/- payable in equal quarterly instalments before the beginning of the each quarter. A new licensee shall not be required to pay license fee for the quarter(s) already elapsed before the grant of license, but he shall have to pay the license fee for the whole quarter in which the license is granted and for every succeeding quarter(s) till the 31st March and Rs. 1,00,000/- per annum for every additional point, subject to a maximum of five additional points, in the same premises in an enclosed, demarcated and approved space except the poolside.]
[(v) The approved distilleries of Haryana and those distilleries which are located within 200 kms of the limits of the State, the wholesale licensed liquor outlets of country liquor (L-13) shall be granted in every district headquarter in the State on payment of the annual license fee of twenty-five thousand rupees in addition to a security of one lakh rupees per outlet, and application fee of ten thousand rupees per outlet per district, to maintain regular and ready supply of country liquor to the licensed retail liquor outlet of country liquor (L-14A)]
(vi) For a license in form L.19, Rs. 25 per annum;
(vii) For a license in form L.21, at the discretion of the Collector subject to a maximum of Rs. 200;
(viii) For a license in form L. 12-B, a flat fee of RS. 150 per annum in addition to the fee assessed according to the scale laid down in rule 31 :
Provided that in the case of hill station, the flat fee shall be calculated at the rate of Rs. 12.50 per month or part of a month, during which the cinema remains open. The licensee shall pay Rs. 150 in the first instance and claim refunds at the end of the financial year.
(ix) For a licensee in form L.15, the fee shall be determined by the Financial Commissioner.
[(x) Application fee for the grant of licenses in form L.1-A shall be accompanied by a treasury receipt of Rs. 2,500/- (Rs. Two thousand and five hundred) deposited in Government Treasury as an application fee, which shall be refundable to the applicant in case his application is rejected.]
[Provided that before rejection of the application for the grant of license in form L1 and L1A, an opportunity of being heard shall be provided to the licensee :]
[Provided further that no monthly permit shall be given and the Deputy Excise and Taxation Commissioner shall have power to grant this license to an individual maximum for a cumulative period of 10 days in a quarter and for additional 20 days in a year @ Rs. 1000 per day the Excise Commissioner shall be competent to grant temporary license. In case of Bars/Clubs/reputed Hotels or Restaurants, Excise Commissioner could give a provisional Bar license @ Rs. 50,000 for a maximum period of 15 days in a year.]
- A license in form L.12-D for manufacture and possession of sacramental wine for use on special occasions is granted free of fees.
- Fixed and assessed fees.- A license in form L.16 for the reduction of country spirit is granted free of free.
- (1) A licence in form L.17 will be granted on fixed fees in addition to the fees assessed according to the scale thereunder. The following are the rates of fixed fees:-
[(i) Rs. 10,000 per annum for a retail license for one year to possess a quantity not exceeding 2,000 bulk litres of denatured spirit at one time.]
(ii) [Omitted by 2]
Provided that no licence in form L.17 shall be issued or renewed unless a refundable security of five thousand rupees in case per licence is deposited which shall be liable to be forfeited or adjusted towards any amount or penalty due under the Act.
(2) The assessment shall be based on the following scale :-
Rs. [6 per bulk litre.]
(3) The fixed fee is payable is advance and the assessed fee shall be recovered at the time of issue of the permit in form L.32 prescribed under the Punjab Liquor Permit and Pass Rules, 1932 :
Provided that no assessment fee shall be charged on the quantity of denatured spirit, on which such fee has already been recovered in Haryana.
27A. (1) The licences in form L.10 and L.10-A shall be granted on fixed fee as indicated below :
Wine and Sweets | Rs. 1.25 per bottle |
(i) For a License in Form L.10 | Rs. 15,000 per annum. |
(ii) For a License in Form L.10A | Rs. 5,000 per annum. |
[Provided that a license in Form L.10-A license shall not be issued unless a refundable security of Rs. 5,000/- is deposited which shall be liable to be forfeited, or adjusted for any amount or penalty due under the Act.]
[(iii) For license in Form L-10B Rs. 1,00,000/- per annum.
Provided that a License in form L-10B shall be granted only to rural country liquor vend or sub-vend for sale of beer.]
(2) In addition to the fee payable under sub-Rule (1) of this rule, an assessed fee shall be paid according to the following scale :-
Kind of spirit | Rate of Assessment |
(i) Imported and Indian made cider, | Rs. 0-50 per bottle of 650 millilitres |
(ii) Imported and Indian made beer, | Rs. 0-25 per bottle of 650 millilitres |
Provided that Indian made beer having alcoholic contents upto 3 per cent shall be exempted from the payment of assessment fee.
27B. The following procedure shall be followed for the grant of license in form L.10:-
(1) Any person who;
(a) pays income tax or wealth tax; or
(b) pays not less than 100 Rupees as land revenue or
(c) has the capacity to invest to the satisfaction of the Collector; or
(d) is a general merchant, or chemist not holding a license to sell denatured spirit, country liquor or fulfils any of the conditions in clauses (a), (b) and (c), desiring to obtain a license in form L-10 may submit an application to the Collector through the Deputy Commissioner of the district concerned :-
(a) on a judicial paper bearing a court fee stamp of [five rupees]; and
(b) accompanied by a treasury receipts of two hundred rupees which shall be non-refundable.
(2) The application shall contain the following particulars; -
(i) name, parentage, complete permanent address and age of the applicant.
(ii) location of premises of the proposed vend; and
(iii) number and date of the treasury receipt.
(3) For each vend, there shall be a separate application duly signed by the applicant. No person shall be granted more than one license in the State.
(4) Each application shall be entered in the register maintained license wise in the office of the Deputy Excise and Taxation Commissioner of the district concerned and receipt issued thereafter.
(5) No person shall be eligible for the grant of the license -
(a) if he is less than twenty five years age; and
(b) if his name is borne on the list of persons barred from holding licenses in the State of Haryana and Punjab and Himachal Pradesh, Union Territories of Delhi and Chandigarh.
(c) if he is a bankrupt or lunatic.
(d) if he is holding a license or has any interest in such a license for the sale of country liquor, denatured spirit and rectified spirit, and
(e) if he is a defaulter in the payment of any dues under the Punjab Excise Act, 1914.
(6) No application, which does not fulfil the requisite conditions of these rules, shall be considered.
(7) The Deputy Excise and Taxation Commissioner of the District concerned shall scrutinise the applications and forward them with his comments to Collector.
(8) The licenses shall be issued by the Deputy Excise and Taxation Commissioner of the district concerned on behalf of the Collector.
(9) The procedure for the grant of license in Form L.10 shall apply mutatis mutandis for grant of license in form L.10-A.
[28. Assessed Fee. - The licenses in forms L.6, L.7, L.9 and L.12-B shall be granted on payment of fees assessed in respect of them under these rules.]
- The fee for new license, except license in form L.9 shall be fixed by Financial Commissioner, for which purpose the Collector shall forward his proposals for assessment. If the license is granted in respect of premises previously licensed, the fee shall be based on previous sales in the manner hereinafter provided for the renewal of licenses, otherwise, it shall be based on probable sales. In case of licenses in form L.9, the fee assessed on the basis of rates provided in rule 31 shall be recovered in advance in the form of permit fee at the time of issuing permits for the import or transport of liquor by the licenses.
- When any of the licenses is renewed, the Collector shall assess the fees on the scale laid down in Rule 31. In order to estimate the sales on which the fees for the ensuing year shall be assessed, the Collector shall obtain from the Excise Inspector through the Deputy Excise and Taxation Commissioner a certificate as regards the sales made from the 1st January to the 31st December last in which the [Excise Inspector or any other official discharging the duties as such]shall certify that the register in which sales are recorded have been personally verified by him, and that totals of the sales are correct.
- Rate of assessment vend fee per bulk litres. The assessment fee will be based on the following rates on sales per bulk litre :-
"Kind of license | Spirit | Wine | Beer, Cider etc. | ||
Indian Made | Imported | Indian Made | Imported | ||
Rs. | Rs. | Rs. | Rs. | Rs. | |
L-9 (i) except rum | 30 | 7.5 | 2 | 2 | 0.1 |
(ii) on rum | 15 | - | - | - | - |
(iii) on ready to drink beverages | - | - | - | 2 | - |
(iv) Draught Beer | - | - | - | 2 | - |
L-6, L-7 and L-12-B | 6.2 | 8.8 | 1.8 | 0.1 | 0.35." |
Table substituted by Haryana Notification No. S.O. 24/P.A. 1/1914/S. 59/2005. dated 31.3.2005.
Provided that if any L.12B license is attached to a cinema, it shall also pay a flat fee of Rs. 150.00 per annum in addition to the fee assessed according to the scale laid down above :
Provided further that in the case of hill stations, the flat fee shall be calculated at the rate of Rs. 12.50 per month or part of a month during which the cinema remains open. The licensee shall pay Rs. 150.00 in the first instance and claim refund at the end of the financial year.
Provided further that the assessment fee from L.9 licenses shall not be recovered for a period of six months from the issue of this notification in respect of the following qualities :-
(i) ten thousand quart bottles of Indian made Foreign liquor.
(ii) one lac and fifty thousand quart bottles of Indian made beer rum; and
(iii) seventy-five thousand bottles of Indian made beer (each of 650 ml.)
- If in any case the Collector considers that for special reasons a fee lower than the prescribed fee should be sanctioned because the license will not be used throughout the whole year although in the previous year it has been so used; he may recommend that a reduced [fee may]sanctioned by the Financial Commissioner.
- If a license which has not been in force for 12 months is to be renewed, the Collector will make an approximate estimate of the sales which would probably have been made if the license had been in force for twelve months and shall forward the estimates for the orders of the Financial Commissioner as to the fee to be assessed for the ensuing years.
If there were no sales at all at any vend during twelve months, the fee shall be proposed by the Collector taking into consideration the sales made during any of the previous three years, if he considers the renewal of the license necessary. The Collector shall forward his proposal to the Financial Commissioner for orders.
- [Omitted]
[35. Fee for certain licenses. - The following licenses are granted on fee fixed either by auction or by tender or both as is deemed fit in the interest of excise revenue. The Financial Commissioner, however, reserves the right to grant following licenses by contract:
(i) L-2
(ii) L-14
(iii) L-14A
(iv) L-14B.]
[36. Procedure for grant of liquor retail sale incenses by allotment on applications. - (1) The allotment of licenses for retail liquor outlets of country liquor (L-14A) and Indian Made Foreign Liquor (L-2) shall be made on applications. The allotment shall be made singly in case of each of the retail outlets of country liquor and Indian Made Foreign Liquor. In case the number of applications for license of a retail liquor outlet is more than one, the allotment shall be made by a draw of lots out of the valid applications received.]
(2) The draw of lots shall be made by a committee consisting of Deputy Commissioner, Deputy Excise and Taxation Commissioner (Excise), Deputy Excise and Taxation Commissioner (Sales Tax), Excise and Taxation Officer (Excise) or Assistant Excise and Taxation Officer (Excise) of the respective district. There will be no restriction on the number of licensed retail liquor outlets in a district. The licensed retail sale liquor outlets have been classified in the following categories :-
Category | L-14A (Country Liquor) (in rupees) | L-2 (Indian Made Foreign Liquor) (in rupees) |
A | 1 crore and above | 1 crore and above |
B | 75 Lakh | 75 Lakh |
C | 50 Lakh | 50 Lakh |
D | 30 Lakh | 35 Lakh |
E | 25 Lakh | 25 Lakh |
F | 20 Lakh | 20 Lakh |
G | 12 Lakh | 10 Lakh |
H | 8.50 Lakh | Nil |
The categorization of the licensed retail liquor outlets shall be planned by the Deputy Excise and Taxation Commissioner (Excise) of the respective district keeping in view the sale potential of the respective area. The license fee so determined and fixed for each license sale outlet shall be duly publicised.
(3) The Deputy Excise and Taxation Commissioner (Excise) of the respective district shall specify the villages and urban areas included therein which will be subject to the approval of the Collector before allotment of the retail liquor outlets. The villages in respect of which a panchayat resolution has been passed regarding closure of a retail liquor outlet shall not be included.
(4) In case a licensed retail liquor outlet has to be closed down because of a Court order, local resistance, natural calamities such as fire, flood, draught, earth quake, riot or any other reason, the licensee shall have the option to shift the retail liquor outlet, with the prior permission, to the alternate location on the same terms and conditions. The closure of one or more retail liquor outlet will not entitle him to any rebate/reduction in the license fee. In case the licensee refuses to run the retail liquor outlet, the same may be re-allotted at the alternative site at the risk and cost of the original licensee and any loss occurred as a result of such re-allotment shall be recoverable from him.
(5) There will be separate premises for the licensed retail outlets of country and Indian Made foreign Liquor. The licensed retail outlets of country liquor shall not be allowed to sell beer.
(6) The allotment shall be made by a committee.
(7) The date of allotment of licenses of retail liquor outlets, on applications, shall be fixed by the Excise Commissioner (Financial Commissioner).
(8) The Deputy Excise and Taxation Commissioner (Excise) shall give timely notice of the date and place of allotment of retail liquor outlets of the respective district.
(9) Before the allotment of retail liquor outlets begins, the Deputy Excise and Taxation Commissioner (Excise) of the respective district shall read out the conditions and procedure to which the allotment of retail liquor outlet is subject.
(10) the Deputy Excise and Taxation Commissioner (Excise) shall then proceed to allot the licenses of retail outlets of country liquor and Indian Made Foreign Liquor for which valid applications have been received. The allotment of retail licensed outlets and the draw of lots shall be as open and transparent as possible. A transparent glass or plastic jar shall be used for the draw of lots, so that the Part-I (slip for draw of lots), attached with the applications form, that are put into the jar, are visible to the public.
(i) The draw of lots shall not be made by any officer/official directly and indirectly connected with the process of allotment of retail licensed outlets.
(ii) A person from the public shall be chosen for each draw of lot.
(iii) At the time of draw of lots the applicant whose slip for draw of lots, is first drawn shall have the right for allotment of the respective retail outlet subject to prescribed conditions. The applicant whose slip is drawn thereafter shall be declared as the 'allottee in waiting', who shall have the claim to allotment of the respective retail outlet, in case the first allottee defaults or is debarred. In the event, if the 'allottee in waiting' also defaults or is debarred, the applications for the retail outlet shall be invited afresh, and the whole process shall be repeated again.
(iv) The name of the successful applicant and the 'allottee in waiting' shall be announced there and then.
(v) The allotment by draw of lots shall be made on the same day throughout the Sate.
(vi) The area of retail outlet shall be specified. The licensee shall make his own arrangements for opening of the retail outlet.
(vii) In case no application is received for any retail outlet/outlets of country liquor and or Indian Made Foreign Liquor, the names and locations of such retail outlets, their annual license fee and annul quota shall be displayed prominently in the office of the Deputy Excise and Taxation Commissioner (Excise).
(viii) A report of such retail outlets shall be made separately to the Excise and Taxation Commissioner on the next day of allotment. Applications for such retail outlets shall then be invited again at the time/date to be fixed by the Deputy Excise and Taxation Commissioner (Excise) of the district with the prior approval of Excise and Taxation Commissioner (Financial Commissioner) and the procedure detailed above shall be followed afresh.
(11) No person who under Rule 15 is not permitted to hold a license or is associated in interest with a person who is not so permitted, shall be allowed to apply for any license of retail liquor outlet.
(12) No person shall be allowed to apply for another person, whether he is a partner or not, unless he holds a power of attorney duly executed in his favour authorising him so to apply.
(13) No person shall be allowed to apply for any license unless he applies in the prescribed application form available from the office of Deputy Excise and Taxation Commissioner (Excise) of the respective district on payment of five thousand rupees in cash, against a proper receipt. The application forms shall be got printed by the Excise and Taxation Commissioner (Financial Commissioner) and shall be supplied to the districts. These shall be serially machine numbered and shall be authenticated by the Deputy Excise and Taxation Commissioner (Excise) with his signatures and stamp before issue. The applications shall be accompanied by a security amount of one lakh rupees in cash or by bank draft in favour of the Deputy Excise and Taxation Commissioners (Excise) of the respective district against receipt in form 24-A. If any such person commits misconduct during the process of allotment, the said amount shall be forfeited. In case of a successful allottee, this amount shall be adjusted towards his security and in the case of an unsuccessful applicant, the amount shall be refunded to him at the conclusion of draw of lots.
(14) In case the successful allottee fails to deposit the first instalment of security equal to five percent of the annual license fee of the respective retail outlet, apart from forfeiture of the security amount of one lakh rupees, he will be black listed and debarred from participating in subsequent allotment.
(15) No person shall be allowed to apply for the allotment of a retail liquor outlet, if his name is borne on the list of persons debarred from holding licenses in Haryana, Punjab, Himachal Pradesh, Delhi or the Union Territory of Chandigarh.
(16) The Deputy Excise and Taxation Commissioner (Excise) of the respective district may exclude from allotment of retail liquor outlet any person on account of his being notorious or of a bad character or any other sufficient reasons to be recorded in writing.
(17) The Deputy Excise and Taxation Commissioner (Excise) of the district shall forward to the Excise Commissioner (Financial Commissioner) for approval, statements in forms M-14 and M-14A showing the locality, license, fee, quota of each retail liquor outlet, name, parentage and full permanent address of the person to whom the retail liquor outlet has been allotted by draw of lots. If no intimation to the contrary is received within ten days from the date of the allotment of a retail liquor outlet, the Deputy Excise and Taxation Commissioner (Excise) of the respective district shall assume that the Excise Commissioner (Financial Commissioner) has accepted his proposal.
(18) The successful allottee shall have to deposit security equal to twenty per cent of the annual license fee of the respective licensed outlet, out of which five per cent of the license fee shall be deposited on the day of draw of lots, five per cent of the license fee within seven days of allotment/draw of lots or on or before 31st March, 2006, whichever is earlier. Third instalment of security equal to ten per cent of the license fee shall be deposited by 7th of April, 2006. In case the successful allottee is a company the total amount of license fee shall be paid on the day of draw of lots. The entire amount of security including 1/3rd or its ninety per cent, as deemed proper by the Excise Commissioner (Financial Commissioner) shall be adjustable towards the last instalment payable by him. If any amount whatsoever is due to the department from the licensee including any part of the license fee for whatever reasons, the adjustment of the security to that extent shall not be allowed.
(19) A person to whom a liquor outlet has been allotted, shall pay by the 15th day of every month an instalment equal to ten per cent of the total annual license fee upto the month of November, 2006.
(20) Deputy Excise and Taxation Commissioner (Excise) of the district may authorize the licensee to deposit the amount of instalment or part thereof upto the last day of the month for which the instalment is due on the condition that the licensee pays interest at the rate of Rs. 1.50 (one and a half) per cent per month from the 1st day of the month of default till the date of the payment.
(21) In the event of failure to pay the instalment or instalments along with the interest, as the case may be, by the due date, the licensed retail outlet shall cease to be in operation on the first day of the following month and shall ordinarily be sealed by the Deputy Excise and Taxation Commissioner (Excise) or the Excise and Taxation Officer (Excise), or the Assistant Excise and Taxation Officer (Excise) or any other official authorised by him and his license shall be cancelled.
(22) The licensee to whom a retail liquor outlet of country liquor (L-14A) or Indian Made Foreign Liquor (L-2) is allotted, shall be bound to lift its entire annual quota of country liquor or Indian made foreign liquor on quarterly basis from the licensed wholesale outlet of country liquor (L-13) and licensed wholesale outlet of Indian Made Foreign Liquor (L-1) located at every district headquarter in the State. The lifting of quota shall mean physical lifting of liquor from the licensed wholesale outlet of country liquor (L-13) and licensed wholesale outlet of Indian Made Foreign Liquor (L-1). It shall be obligatory for a licensee to lift quota of country liquor and Indian made foreign liquor as per the Schedule below :-
1st quarter | Twenty five per cent of annual quota upto 30.6.2006; |
2nd quarter | Twenty per cent of annual quota upto 30.9.2006; |
3rd quarter | Thirty per cent of annual quota upto 31.12.2006; |
4th quarter | Twenty five per cent of annual quota upto 25.3.2007 |
A licensee shall be allowed to lift upto fifty per cent of the quota for the next quarter after lifting the quota for the current quarter. Progressive additional lifting shall be adjusted against the quota for the next quarter :-
(i) For the purpose of computation of annual quota, the quantity of liquor lifted will be progressively totalled and any increase or decrease with reference to the quarter wise Schedule of lifting will not matter. For failing to lift quota in any quarter below the norm fixed will attract penalty as provided for such failure/non-compliance of the provision in this regard (annual quota remaining the same).
(ii) The allottee shall be allowed to lift fifty per cent of additional quota of a licensed retail liquor outlet without payment of additional license fee, but only after the lifting of the basic annual quota and payment of the annual license fee of the respective licensed retail liquor outlet at the same rate of duty of basic quota. The additional quota of more than fifty per cent but upto seventy five per cent may be allowed on payment of additional license fee of rupees ten per proof litre.
(23) In the event of failure to lift the fixed quota for each quarter, the licensee shall be liable to pay penalty on the quantity of unlifted quota at the rate of twenty rupees per proof litre for country liquor and at the rate of sixty-five rupees per proof litre on Indian Made Foreign Liquor. This penalty shall be paid within fifteen days after the date mentioned for lifting of quota.
(24) If any successful allottee fails to deposit the amount of security equal to the twenty per cent of the total license fee or refuses to accept the license the Deputy Excise and Taxation Commissioner (Excise) of the respective district may re-allot it by seeking prior permission of the Financial Commissioner, and any deficiency in license fee shall be recoverable from the defaulting allottee as arrears of land revenue.
(25) When a license is cancelled the Collector or any officers not below the rank of Excise and Taxation Officer or authorized by the Financial Commissioner in this behalf may re-allot it in accordance with the procedure laid down in this rule and any deficiency in the license fee shall be recoverable from the defaulting allottee as arrears of land revenue. Besides the deficiency in the license fee, the expense incurred on re-allotment may also be recovered as arrears of land revenue. The Collector or the officer authorized to make re-allotment shall community the result of such re-allotment in the statement in form M-16 to the Financial Commissioner in the same manner as result of earlier allotments for his approval. If no approval is received within ten days of the date of re-allotment, the Collector shall presume that the same has been approved.
(26) The Deputy Excise and Taxation Commissioner (Excise) of the respective district, shall communicate the change in the list of licenses to the Superintendent of Police, and the Managers of distilleries.".
- In the said rules, in Rule 38, sub-rule 16-A of clause (g), shall be omitted.
[36A. Procedure for grant of licenses by tender. - Subject to such conditions, as the Excise Commissioner may make in the number and location of excise vends each year before annual tender, the Collector shall determine, -
(1) Number of liquor vends in districts which shall be divided into groups and shall be sold by tender system. Tenders shall be invited after fixing the reserve price of each group, which shall be based on the revenue of last year i.e. license fee and taking into account decrease in revenue due to reduction in excise duty on account of liquor, as recommended by the Deputy Excise and Taxation commissioner (Excise) of the district. The groups shall be constituted in such a manner so as to maximise the Sate revenue. The reserve price could be revised by the Excise Commissioner for any group, if the situation so warrants.
(2) The license fee of Country Liquor and Indian Made Foreign Liquor shall be merged, in case the group has both Country Liquor and Indian Made Foreign Liquor vends. Tenders shall be invited simultaneously for all groups in the state, so as to avoid undue influence in sequential tenders.
(3) The tenderers shall have to submit documentary evidence about their financial position giving details of their assets, bank statements, properties etc.
(4) The financial position of the individual/firm should be such that it is atleast equivalent to 5% of the license fee. Further the tenderers shall give declaration that the assets mentioned are free from encumbrances and shall not be disposed off/mortgaged during the period of contract. The tenderers shall be free to make offers for one or more than one group in one or more than one district. Tenders shall be opened in the presence of the tenderers. The entire procedure shall be video recorded. The license shall be awarded to the highest tenderer in each group.
(5) In case two or more tenders are received for the same amount and they are the highest, immediately after opening the tenders, the Collector/Presiding Officer shall invite revised tenders from such tenderers, to be submitted immediately. All such tenderers, shall be asked to give their revised offers in sealed envelopes. The highest of these revised offers shall be awarded the license.
(6) All award of licenses shall be subject to confirmation by the Excise Commissioner, who may, for reasons to be recorded in writing, reject any tender. The period of confirmation/approval shall be ten days.
(7) The Deputy Excise and Taxation Commissioner incharge of the excise district concerned will define clearly the area of each vend or group of vends and their command area by specifying names of the villages falling in it. Further in case a vend has to be closed down because of court order or local resistance, or for any other reasons beyond his control the Licensee shall have the option to shift the vend with the prior permission of Collector within his area on the same terms arid conditions. The closure of one or more vends in that area for the aforesaid reasons for any period shall not entitle him to any rebate/reduction in the license fee for that vend or group of vends. In case the licensee refuses to run group of vends/vend, then the same shall be put to re-auction by inviting tenders and relocating closed vends/vend at the alternative sites/site and given to the highest tenderer at the rest and cost oil the original licensee.
(8) Tenderer shall offer bid for a group over the reserve price in the prescribed form and sealed. Tender offer shall be submitted in the office of Deputy Excise and Taxation Commissioner concerned and Joint Excise and Taxation Commissioner (range) or Excise and Taxation Commissioner office at Chandigarh and office accepting the tender shall issue receipt for same.
(9) In case of closure of any rural vend due to orders of any court resistance of the residents of the village or any other sufficient cause, the licensee shall be allowed to operate the license irk any other village with the consent of the Gram Panchayat concerned falling within the command area of the closed vend on the same terms and conditions on which it was auctioned. In the event of his failure to do so, a new vend shall be located there which shall be auctioned at the risk and cost of the original licensee and any loss occurred as a result of such auction shall be recoverable from him.
(10) The Collector shall give timely notice of the date and place for inviting tenders and shall fix date(s) and place and time of opening tenders subject to the approval of the Financial Commissioner.
(11) A tenderer shall go through all the terms and conditions licenses to which he is offering the tender before he governing the submits the tender.
(12) The Presiding Officer/Collector shall open the tenders received, for each group and shall read out the bid offered in the presence of all the tenderers, and shall record details of offers made by, each tenderer for the group. The highest tender offer over the reserve price shall be adjudged provisionally successful bidder.
(13) No person, who under rule 15 is not permitted to bold a license or is associated in interest with a person who is not so permitted, shall be allowed to bid for any license.
(14) No person shall be allowed to participate in tender process if his name is borne on the list of persons debarred from holding licenses in Haryana, Punjab, Himachal Pradesh or the Union Territory of Delhi or Chandigarh.
(15) The Presiding Officer/Collector may exclude from participating in the tender proceedings, any person on account of his being notorious or of bad character or for any other sufficient reasons to be recorded in writing.
(16) The tender offer shall be received for the whole annual license fee.
(17) No person shall be allowed to offer for any license unless he has deposited an amount equivalent to 5% of the reserve price fixed for each group as 'earnest money' by way of Bank Draft/Pay Order attached alongwith tender. If any such person commits misconduct during the finalisation of tenders, the said amount shall be forfeited. In the case of successful tenderer, the amount of earnest money shall be adjusted towards his security, however, in the case of unsuccessful tender the amount stall be refunded at the conclusion of the proceedings. In case the successful tenderer fails to sign the tender sheet (result sheet) or, pay the part of security required to be deposited immediately after the conclusion of the proceedings, the amount furnished as earnest money shall be forfeited. Further he will be blacklisted and debarred from participating in such proceedings.
(18) A tenderer shall have to submit the following information before participating in the tender offer :-
(a) Name and Father's Name
(b) Residential and Business Address
(c) Details of Unencumbered Immovable Properties and Bank Accounts in his name.
(d) Separate Affidavit shall be submitted in respect of each partner if offer in the tender is given by more than one person jointly.
Verification of particular shall be made in respect of the successful tenderer before the license is actually granted. The successful tenderer shall furnish his/their photographs at the time of signing the bid sheet/approved sheet.
(19) To ensure that a successful tenderer for a licence does not fall under the purview of clauses(a) and (b) of order 7 of the Punjab Intoxicants License and Sale Orders, 1956, be shall, before he starts his business be required to file an affidavit on a non-judicial stamp paper of the value of Rs. 3/- to the effect that be has not been convicted of any non-bailable offence by a criminal court or of any offence under the Punjab Excise Act, 1914 (Act I of 1914), the East Punjab Molasses (Control) Am 1948 (East Punjab Act, XI of 1948). the Indian Power Alcohol Act, 1948 (Act 22 of 1948), as in force in the territory of the erstwhile Punjab and applicable to Haryana or the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985). The successful tenderer shall also file an affidavit before opening of vends to the effect that he is not a defaulter and has paid all past dues of excise revenue in Haryana.
(20) The presiding officer may for reasons to be recorded in writing, refuse to accept the highest offer made in the tender, which he considers to be frivolous or unreasonable.
(21) The Collector/Presiding Officer shall forward to the Financial Commissioner for approval statements in from M-14 in respect of each group showing the locality of each vend sold, the minimum reserve price, name and address of person/party/firm who has made the highest tender offer for grant of retail licenses inform L-14A and L-2. Any person/firm making the highest bid through tender shall be deemed to be the successful bidder subject to the fulfillment of the conditions and confirmation of acceptance of his bid by the Excise Commissioner within ten days of opening of the tenders. The Excise Commissioner may, for reasons to be recorded in writing, reject the bid. If no confirmation is received within ten days or upto the 31st March, 2002, it shall be presumed that the bids has been confirmed.
(22) When an offer received through tender for a group of vends is rejected-and fresh tenders are invited for the same, group of vends and in the re-tendering, the highest offer received is less than the offer of the 1st tenderer, in such case an opportunity shall be provided to the earlier highest bidder to revive his offer before the acceptance of a lesser bid.
(23) The Deputy Excise and Taxation Commissioner (Excise) of concerned district shall forward a list of all licenses and the vends obtained by them to Superintendent of Police in the district and the manager of all the distilleries licensed in Haryana.
(24) The successful tenderer shall have to deposit by way of total security an amount equivalent to 16.70% of the annual license fee both for Country liquor and Indian Made Foreign Liquor vends. He shall have to deposit a sum equal to 5% of the total reserve price fixed in case of each license alongwith tender form by way of bank draft/pay order and balance amount short of 8.33% of the tender amount (license fee) within ten days of the confirmation of tender or upto 31st March, 2002 whichever is earlier. Further 8.33 % of the license fee shall be payable by the 7th April, 2002 as security amount, in addition to monthly instalment for April. 2002.
(25) As laid down in Sub-section (2) of Section 34 of the Punjab Excise Act, 1914 (Act 1 of 1914) the tenderer of doubtful or unsound financial position shall have to furnish additional security for one month in lieu of security for the observance of the conditions of his license.
(26) In the event of the amount of security or any part thereof having beer, forfeited or adjusted, the deficiency shall be made good by the licensee within seven days of the happening of such an event, failing which the license shall be liable to cancellation by the competent authority.
(27) The 90% amount of security is adjustable towards last instalment payable by licensee, the remaining 10% of security shall be refundable to the licensee after deducting therefrom any kind or arrears, if any, due to the Government from him after the close of the financial year. No interest shall be payable to the licensee on the security amount deposited by him.
(28) If any person whose tender/offer has been accepted and be fails to make deposit of the amount of security in time or refuses to accept the license or after accepting the license fails to deposit the instalment of license fee in time the license shall be resold by public offer or private contract by the competent authority and any deficiency in license fee and all expenses of such resale shall be recoverable from the said person in the manner as laid down in Section 60 of the Punjab Excise Act, 1914 (Act 1 of 1914).
(29) In case a tenderer gives false or incorrect information in the tender his offer shall be liable to be rejected in case of rejection, the earnest money paid by him shall be forfeited.
(30) The successful tenderer when granted a license shall pay by the 20th of every month in which he begins his business under his license and by the 20th of every subsequent month, an instalment equal to 8.33% of the total annual license fee till the entire license fee has been paid.
(31) In the event of the failure to pay the monthly instalment or any part thereof by the due date, the Deputy Excise and Taxation Commissioner (Excise) of the concerned district may authorize the licensee to deposit the amount of instalment or part thereof upto the last day of the month for which the instalment is due on the condition that the licensee shall pay interest at the rate of 2% per month from the first day of the month till the date of payment (the day of payment shall be included in calculating the interest). If the licensee fails to deposit the monthly installments by the end of the month, operation of vends shall cease and Deputy Excise and Taxation Commissioner of the concerned district shall immediately inform the Collector about the nonpayment of license fee and cessation of operation Of vend/vends. The Collector shall afford an opportunity of being heard to the licensee before cancelling his license. The appropriate authority may allow the operation of the vend/vends if the licensee satisfy the authority about his sound financial position. However, the licensee shall not claim any compensation/rebate for closure period.
(32) When a license is cancelled, the Collector or any officer not below the rank of Deputy Excise and Taxation Commissioner authorised by the Financial Commissioner in this behalf, may re-self it by inviting public tender any deficiency in the license fee shall be recoverable from the defaulting licensee as arrears of land revenue. Besides the deficiency of the license fee for the expenses incurred on resale or attempted resale may also be recovered as arrears of land revenue from the defaulting tenderer. The Presiding Officer/Collector or any other officer authorised to conduct the tender process shall communicate the result of such resale in the statement in form M-14 to the Financial Commissioner in the same manner as result of annual tenders for his approval. If no approval is received within ten days of the date of re-tender the Presiding Officer/ Collector shall presume the approval. The Deputy Excise and Taxation Commissioner (Excise) shall communicate the change in he list of the licenses to the Superintendent of Police of his district and manager of distilleries in Haryana to whom a list of such license has already been supplied. The amount realised from the previous licensee (including the security amount) deposit of 16.70% if not forfeited or adjusted under these rules and the amount paid by the incoming licensee together are less than amount previously tendered by the licensee together with the expenses, if any, of resale, the deficiency shall be recoverable from previous licensee as arrears of land revenue. If these amounts, together are more than the amount previously tendered no refund shall be made to the previous licensee.]
D - General Condition to all Licenses
- Every license under these rules is granted subject to the conditions set forth in this rule.
Exception - A license in form L.12-D shall be subject to conditions (1) and (2) and the special conditions prescribed for it.
General
- Conditions dealing licensed premises.- (1) The license shall observe all rules under the Punjab Excise Act, 1914, applicable to his license and the general and special conditions of his license.
[(2) The licensee shall not carry on any business connected with his license or store any liquor to be sold or otherwise dealt with under his license except in the premises specified in his license (hereinafter called the licensed premises). The Collector only in exceptional cases, where it is impossible and impracticable to carry and store in the licensed premises large consignment of liquors, with previous sanction of Excise Commissioner may grant a permit under sub-section (3) of section 24 of the Punjab Excise Act, 1914, to store a quantity of liquor exceeding the limit of retail sale at a place other than the licensed premises on payment of extra fee of Rs. [25,000] per annum and subject to the condition that distance of the said premises from the vend shall be less than 100 meters. Before the grant of the permit, the Collector shall satisfy himself that the proposed place is adequately guarded and that there is no means of access to it by the public.]
(3) When a licensee has more than one licence, sale and other business under each license shall be carried on, on each separate premises and liquor to be sold on each license shall be stored separately and the accounts of each license shall be kept separately.
Exceptions (a) Sales under a license in Form L.5 or L.8 may be carried on the licensed premises of a hotel, restaurant, railway refreshment room or dining car, as the case may be, and common stocks may also be kept, but separate accounts of sales under each license shall be maintained.
(b) In any other case, a special permission of the Collector may be obtained and endorsed on the license for sales being carried on the same premises. But unless the Financial Commissioner sanction otherwise, stocks, and accounts shall be maintained separately.
(4) The licensed premises shall be the premises owned by or blessed to the licensee.
(5) In the case of dining car license, the licensed premises are every dining car authorised by the Railway Administration and any other premises licensed for the purpose of storage only.
(6) The licensee shall keep his licensed premises thoroughly neat and clean and shall comply with any order issued to him by the Collector for removal of defects in them.
(7) The licensee shall not exhibit at the licensed premises pictures and photographs of Mahatma Gandhi, Acharya Vinoba Bhave and such other national leaders as may be notified by the Excise and Taxation Commissioner. He shall also not exhibit any board, picture or photograph which exhorts public to drinking or contains a photographs of a woman and shall not exhibit bottles containing coloured water outside his vend and shall also not keep any bottle of liquor for sale or otherwise having been moulded in shape of a woman or having a photograph of a woman on the labels affixed to such bottle.
(8) The licensee shall maintain conspicuously at the main outer door of the licensed premises a signboard written in Hindi and English, exhibiting in conspicuous painted letters, his name and the class of license held by him.
[(9) No person to whom a license for liquor vend(s) is granted shall establish the same on such premises as is situated at a distance of less than 150 meters from the main gate of recognised school/college/main bus stand and places of worship. However, Excise Commissioner can relax such distance for the location of liquor vend from 150 meters to 75 meters on the recommendations of the Deputy Excise and Taxation Commissioner. The liquor vend on National Highway/State Highways (except in case of vends located in the area of Municipal Committee/Municipal Corporation/Council/Housing Board or any other local authority/an Urban Estate/an area developed by the colonizers with the approval of the Government), shall be located at a distance as stipulated in the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (41 of 1963). However, regarding location, the vends shall also have to conform to the conditions as laid down in any other Act/rules as well. However, in urban area, the liquor vends would be located in the market places in the cities.]
[(10) Every licensee for the sale of liquor shall keep his vend closed on Republic Day (26th January), Independence Day (15th August), Mahatma Gandhi's Birthday (2nd October) and in the areas within the concerned constituency and in the adjoining areas of the constituency in the State of Haryana or in the adjoining States for the period where polling is held for the Panchayat or State Assembly or Parliament as per the direction of the Election Commission of India and in case of elections to local bodies in Haryana as per the directions of the Haryana State Election Commission.
No compensation of any kind or relief in license fee for such account shall be given.]
(11) Conditions dealing with licensed hours. - Every licensee for the sale of liquor shall observe the following working hours (hereinafter called the licensed hours) and shall not without the sanction of the Financial Commissioner, or other competent authority keep his vend open outside these hours.
[(a) license in Form L-2, L-10, L-10A, L-14 and L-14A :-
From 1st April to 31st March, 8.00 A.M. to 12.00 midnight throughout the year.]
(b) Omitted.
(c) In urban areas, the Collector may grant to a licensee in form L.2, L.10, L.14, and L.14-A a special license in form L.21 to keep his vend, open for not more than two hours after the time fixed for his license for closing the vend. The special license shall be granted for important festivals only on such fee as the Collector may prescribe.
(d) Canteen licenses in form L.9, as ordered by the authorities of military or Border Security Forces from time to time.
(e) Licenses in form L.3, L.4, L.5, L.12-B and L.12-C at all places. Between the 16th October and the 15th April, from 12 noon to 2.30 p.m. and from 6 p.m. to 10 p.m.
Between the 16th April and the 15th October, from 12 noon to 2.30 p.m. and from 7 p.m. to 11 p.m.
Provided that, even during these hours liquor shall be sold at places of entertainment only when the entertainment is actually in progress and not before the performance starts.
[Provided further that in case of L-4/L-5 and L-12C licenses the working hours shall be from 11.00 A.M. to 12.00 midnight throughout the year.]
(f) Urban areas, other licenses except in Form L.17.
As ordered by the authority granting the license and endorsed on the license. The licensed hours in clauses (e) and (f) above may also be extended by competent authority in special cases.
(g) License in Form L. 17 in the rural and urban areas between 9 a.m. to 5 p.m.
(12) Conditions relating to the conduct of the business. The licensee shall not give to any customer any fee dole of liquor nor shall be given any customer any per quisite or dasturi on the price of liquor sold.
(13) The licensee shall not receive any wearing apparel or other effects in barter for any intoxicant, the sale of which is covered by his licenses.
(14) Any transaction of the nature of a gift or loan between the licensee and an Excise Officer is prohibited.
(15) The licensee shall not permit any professional entertainment or dancing, or the clearing of musical instruments or singing by professionals, to be carried on in his premises in such a way as to attract the general attention of his customers.
Exception :- This condition shall not apply to a hotel or restaurant licensed under forms L.3 and L.4 except in so far as it is imposed by the Collector by general or special orders.
(16) Every licensee shall maintain the registers prescribed for the class of business carried on by him and on the expiry or his license shall make them over to the Deputy Excise and Taxation Commissioner of the District or some other excise officer empowered by the latter in this behalf under a valid receipt. The licensee shall submit all prescribed returns, punctually and maintain [true and correct] accounts of transactions from day to day in ink. He shall enter all figures in English numerals and other particulars in English or Hindi characters unless the Collector by special order noted on the license, permits the use of other numerals or characters.
(17) The licensee shall not permit the resort to his licensed premises of persons, whom there is reason to believe to be habitual criminals; he shall prevent gaming and disorderly conduct therein and shall give information to the nearest Magistrate or Police Officer of the resort to his licensed premises of any person suspected of having committed an offence, or of habitually committing of offences, for which under the Criminal Procedure Code, warrants would ordinarily issue, and of every irregularities committed therein, tending to disturb public peace; and he shall at all times, for police purposes, permit free access to the police to all parts of his licensed premises.
(18) The licensee shall at any time produce for inspection on demand of any Excise Officer of the first or second class, his licence and his accounts, and shall allow the inspection of his registers, stock and premises by the said officer.
(19) The licensee shall maintain an inspection note book with the pages numbered consecutively and duly authenticated by the Excise and Taxation Officer or the Excise Inspector and hand it over on demand to any Excise Officer of the first or second class on a receipt being given thereof. Any punishment or warning incurred by the licensee without forfeiture or cancellation of his license, shall be recorded in the book.
(20) The licensee shall furnish to the Deputy Excise and Taxation Commissioner, on his demand, [a list of name and addresses] of the persons employed, or proposed to be employed, in his licensed business.
(21) Conditions relating to the sale and storage of liquor - The licensee shall not sell or store in his licensed premises for sale or other purposes, -
(a) any class of liquor other than the permitted by his licence; and
(b) liquor of any character or band for-bidden by the Financial Commissioner.
(22) The licensee shall not sell or keep on his licensed premises, any chloral hydrate, butyl-chloral hydrate or para aldehyde, any caramel, or colouring matter or any essence or material used for flavouring beverages or any rectified spirit nor shall be mix any of the above substances with any liquor sold or kept by him unless he is a chemist or a druggist or medical practitioner and holds a license in form L.17.
(23) The licensee shall not compound blend, clout flavour or rectify any liquor sold by him or stored in his licensed premises.
(24) The licensee shall not reduce [quantity of] any liquor to be sold by him or stored in his premises.
(25) The licensee shall alter or temper with the labels and capsules on bottles containing liquor purchased by him for sale.
(26) The licensee shall not adulterate or deteriorate any liquor to be sold by him, or sell the same knowing it to have been adulterated or deteriorated, or store or permit to be stored in his licensed premises any liquor in an adulterated or deteriorated state.
(27) No sale of liquor whether wholesale or retail shall be made by any measure other than standard stamped measures approved by the Collector. The standard measure shall be the proof litre or bulk litre and the multiple thereof, and the licensee shall keep such stamped standard factional measures or proof or bulk litres as are available in the market and have been approved by the Collector.
(28) Where a licensee is permitted to make peg sale of liquor, standard measure shall be a peg or half of peg of 60 millilitre, as the case may be.
(29) The licensee shall not allow any person to conduct sale on his behalf unless the name of such person has been approved by the Deputy Excise and Taxation Commissioner concerned and the same endorsed by him on the license.
Exception :- This condition does not apply to-
(1) the licensee of a hotel, restaurant, bar, railway, refreshment room or dining car; or
(2) a chemist or druggist, holding a license in form L.12.
(30) Subject to the provisions of these rules, every licensee shall in respect of any article which he is licensed to sell, meet the demand of every customer, entitled to be served, who tenders payment, for what is required by him and the licensee shall maintain a sufficient stock of all articles in which he is licensed to deal meet the probable demand.
(31) The licensee shall not sell spirit, except of the following conditions :-
[(a) In the case of license for country spirit, the strength of ordinary spiced country liquor, special spiced country liquor and rum and gin shall respectively be 50 degree under proof and these shall have been bottled in accordance with the rules for bottling licenses contained in these rules.]
(b) if a license is for the sale of foreign spirit.
(i) he shall not sell imported foreign spirit of a strength less than 25 degrees under proof in the case of brandy, whisky or rum or of the spirit intended to pass as brandy, whisky or rum; or a strength less than 35 degrees under proof in the case of gin or of spirit intended to pass as gin; provided that the minimum strength of 25 degrees under proof will not be enforced in the case of various spirits, other than brandy, whisky rum or gin, which are sold at a retail price of not less than [Rs. 130 per litre or Rs. 1200 per dozen bottles] each of the capacity of 750 millilitres;
(ii) he shall not sell Indian made foreign spirit of any strength, except 25 degrees under proof in the case of whisky, brandy, rum or vodka or spirit intended to pass as whisky, brandy, rum or vodka, gin.
(iii) except as otherwise permitted by the Financial Commissioner, every bottle of imported foreign spirit purporting in the opinion of the Collector to contain 750 millilitres, 375 millilitres and in the possession of or sold by a licensee shall, if it contain less than 750 millilitres, 375 millilitres and 180 millilitres of spirit, in respective type of bottled, bear a label showing in conspicuous letters and figures, the minimum guaranteed quantity of its contents.
(iv) he shall not sell Indian made foreign spirit in bottles unless the bottles are of the following sizes :-
(a) bottles of the capacity of 750 millilitres;
(b) bottles of the capacity of 375 millilitres;
(c) bottles of the capacity of 180 millilitres;
Provided that the Financial Commissioner may, in the case of emergency, permit the use of sand-blasted non-excise bottles with the neck not suitable for sealing with crown cork of capacities ranging between 626 millilitres and 750 millilitres, 313 millilitres and 378.5 millilitres and without the name and mark of the manufacturer of the bottle provided the capacity of each bottle is distinctly shown on the label affixed to it.
(32) Conditions relating to the determination of licenses. - If the person who has held a license under these rules, has in his possession on the expiry or determination of his license, any intoxicant which he is unable to dispose of, he shall surrender the same to the Collector. The Collector shall transfer the stock so surrendered to the incoming licensee or any other licensee within the district who is licensed to sell intoxicants of the kind surrendered;
Provided that -
[(i) The stocks transferred to the incoming licensee shall not exceed the quantity which is likely to sell within two months and such stocks shall not be counted towards lifting of quota for the year;]
(ii) any such intoxicants or any part therefore be declared by the Civil Surgeon or the Chief Medical Officer, by whatever name called or any other qualified officer to be unfit for use, the Collector shall cause the same to be destroyed.
(iii) if the intoxicant seized are not similar to the intoxicant prescribed under rules for sale the collection shall be destroyed.
(33) A licensee to whom any intoxicant is transferred in the previous sub-rule shall be bound to pay such price for the same as may by determined by the Collector keeping in view the actual spent thereon or prevailing market price, as the circumstances may justify.
(34) The Collector shall tender the price paid to him in the preceding sub-rule to the outgoing licensee by whom the intoxicant was surrendered after deducting therefrom any amount recoverable from the licensee in respect of his license.
(35) When a sole licensee dies and the Collector does not continue the license to the representative of the licensee or other person for the remainder of the period on the same conditions, the licensee shall be dealt within the following manner :-
(a) Licenses disposed by auction.
(i) If a licensee dies after he had paid only five per cent of the total amount of bid money under Rule 36(9), his estate shall have no claim to the refund of this amount but it shall not be liable for any other payment.
(ii) If a licensee dies after having paid 16-2/3 per cent to the total license fee under rule 36(25) in respect of any country spirit license and any other instalments that may have become due, his estate shall forfeit the sum paid and it shall not be liable for any other payment. If on the date of his death, the last date for the payment of any instalments has expired and the instalment has not been paid, his estate shall be liable for the payment of such instalment or instalment, even if the payment of these has been suspended by the competent authority.
(iii) If before his death the licensee has paid any instalments, the last date for the payment of which was more than one calender month after the date of his death, his estate shall be entitled to a refund of any such instalment.
(iv) In event of a loss or resale, the estate of the deceased shall not be entitled to any refund save as laid down above.
(v) In the event of a gain on resale, the estate of the deceased shall not be entitled to any refund save as laid down above.
(b) (i) License disposed otherwise than by auction. If the fee is payable in a single payment, the estate of the deceased shall not be entitled to any refund of the fee paid and if the payment has not been made, the estate shall be liable for the payment of the fee.
(ii) If the fee is payable in instalments, the estate shall be entitled to a refund of any sums remaining out of the instalments, paid, after deducting one-twelfth of the total fee assessed, for the year, for each month of the year, during which the licensee was alive, e.g. if a licensee has to pay Rs. 1,200 for the whole year but has paid Rs. 600 in April and dies in the month of June, his estate will be entitled to a refund of Rs. 300.
(iii) If the licensee dies before he has paid any instalment, his estate shall only be liable to the extent laid down above.
(36) Imposition of additional fee and cancellation and revocation of licenses. - If a license becomes liable to cancellation under any law for time being in force, or these rules, the competent authority may either-
(i) cancel the license and make such arrangements as he may think fit for carrying on the business for which the license was granted, and any fee paid or deposit made in respect thereof shall be forfeited to Government but if any loss has to be made good, the deposit shall be taken into account in calculating the amount of that loss; or
(ii) permit the license to retain the licensee on payment of such further fee as he may deem fit to accept.
(37) On the cancellation or determination of any license, the licensee or his representative shall cease to carry on his business under it and shall return his licence to the Collector.
(38) Condition relating to compensation. No compensation shall be due to any licensee for any closure made under section 54 of the Punjab Excise Act, 1914.
(39) No compensation shall be due to any licensee on account of the opening of the new excise vend or the issue of any special excise license during the currency of his license.
(40) No compensation shall be due to any licensee on account of any change, during the currency of his license, in the rate at which customs of excise duty is charged on liquor or in any other matter connected with the excise administration and dealt with under power conferred by the Punjab Excise Act, 1914.
[(41) No compensation of any kind or relief in license fee shall be admissible to any licensee on account of natural calamities such as fire, floods, drought, earthquake or riots etc.
Explanation. - For the purpose of this sub-rule, the executive instructions of the Financial Commissioner embedded in paragraph 3.19(e) of the Punjab Excise Manual, Volume-III, relating to concession to license holders, shall not be applicable.
[(42) (a) In case of any dispute between the licensees and the Government arising out of the auction conditions, the same shall be referred to an Arbitrator who shall the Joint Secretary, Prohibition, Excise and Taxation Department, any officer appointed by the Government, as the case may be.
(b) All questions and matters in dispute and difference between the licensees and the Government shall be referred to the Arbitrator.
(c) The said Arbitrator shall have powers to take such evidence and make such enquiry as he may deem proper. He shall have power to proceed ex parte in case either party fails after reasonable notice to attend before him.
(d) The award of the Arbitrator shall be final and binding on both the parties.]
E - Special Conditions
- The licences shown in this rule are granted subject to the special conditions noted under each in addition to the conditions laid down in rule 37.
(1) A license in Form L.1 for the wholesale or Retail Vend of Foreign Liquor to the Trade or in form L.1-A for the wholesale or Retail Vend of Indian Made Foreign Liquor to the Trade only, where the liquor has been bottled by an L.11 Licensee.]
(a) The licensee shall sell foreign liquor, wholesale or retail, bottled or otherwise, only to a person holding a license in Form L.1, L.2, L.6, L.7, L.9, L.10, L.12, L.12-A, L.12-B or to a licensee in any state; and he shall not sell unbottled liquor to any retail vendor, who is not licensed to seal for consumption on his premises, and he shall sell bottled liquor only in sealed and capsuled bottled.
(b) If the licensee holds a license in form B-1 (Brewery License) or D-2 (Distillery License), no sale of less than 12 bottles of the capacity of 650/750 millilitres each or 7.8/9 litres shall be permitted.
(c) The licensee shall maintain accounts or receipts and sales in form L.22 and shall at the end of each month, prepare and submit to the Excise Inspector a monthly true abstract of receipts and sales in form M. 66.
(1-A) A license in form L.1-B, for the wholesale vend of Foreign Liquor to L.1 Licensees in the State. -
(a) The licensee shall stock the brands of Indian made Foreign Spirit manufacture in his distillery for sale to L.1 licensees in the Haryana State.
(b) The license shall be granted only in the name of the distillery.
[(c) The licensee shall maintain accounts of receipts and sales in form L.22 and shall at the end of each month, prepare and submit to the Excise Inspector, a monthly true abstract of receipts and sale in form M-66.]
(2) A license in Form L.2 for the Wholesale or Retail Vend of Foreign liquor to the public for consumption 'off' the premises.
(a) The licensee shall not sell liquor for consumption 'on' the premises.
(b) If the licensee holds a license in Form L.1 for wholesale and retail vend of foreign liquor to the trade, he shall obtain the permission of the Financial Commissioner to keep the stocks under both the licenses on the same premises, but the stocks under the two licenses shall be kept separate from each other and the transfer of foreign liquor from the stocks under license in form L.1 to the stocks under the license in form L.2 shall be made only under a pass prescribed under the rules.
(c) The licensee shall maintain accounts of receipts and sales in form L.22 and shall, at the end of each month, prepare and submit to the Excise Inspector a monthly true abstract of receipts and sales in form M. 66.
[(d) The licensee shall sell Indian Made Foreign Liquor/Beer at such rates as may be fixed from time to time by the Financial Commissioner.]
(2A) A license in form L.2-A for retail vend of Rum and Gin of the strength of 50 degree proof to the public only for consumption "off" the premises.
(a) The license shall not sell Rum and Gin of the strength 55 degree proof for consumption on the premises.
(b) The licensee shall not store or sell Rum and Gin of the strength of 55 degree proof on the premises other than those licensed in form L.14 or L.14-A.
(c) The licensee shall obtain his supplies of Rum and Gin of the strength of 55 degree proof from L.13-A licensees in the State except when allowed otherwise by the Collector.
(d) with the determination of the license in form L.14 or L.14-A, the license in form L.2-A shall stand determined automatically.
[(e) The licensee shall maintain accounts of receipts and sales in form L.26 and shall at the end of each month prepare and submit to the Excise Inspector a monthly true abstract of receipts and sales in Form - M68.]
(3) A license in Form L.3 for the Retail Vend of Foreign Liquor in a Hotel or Dak Bungalow for 'on' consumption.
(a) The licensee shall sell foreign liquor in retail for consumption on the premises only to residents in his hotel or Dak Bungalow; and in the case of Dak Bungalow only to other persons taking their meals there.
(b) The licensee shall not set up or maintain on his licensed premises any bar without taking out a separate bar license.
(c) The licensee shall maintain accounts of receipts and sales in form L.23 and shall at the end of each month prepare and submit to the Excise Inspector, a monthly true abstract of receipts and sales in form M. 66.
(4) A license in form L.4 and in form L.5 for the retail vend of Indian Made Foreign Liquor in a Restaurant and Bar respectively, for "on" consumption subject to the following conditions :-
(a) The licensee shall sell Indian Made Foreign Liquor in retail for consumption on the premises in glasses except in the case of beer which can be sold in open bottle also;
(b) The sale price of a peg of 60 millilitres shall not be less than Rs. 11;
(c) The licensee shall maintain account of receipts and sales in form L.23 and shall at the end of each month prepare and submit to the Excise Inspector a monthly true abstract of receipts and sales in form M.66
[(d) The licensee shall keep the stock of Indian Made Foreign Liquor on the licenced premises and Excise Commissioner, Haryana, may fix the limit of stock that may be kept by the licensee at any given time.]
[(e) The licensee shall get their supplies from any L-2 licensee of the district, where such license is granted. In case of costly brands above Rs. 500 per bottle or wines which are not made available to the bar licensee by L-2, the licensee shall be allowed to get their supplies from any other L-2 licensee within the State;
(f) The Collector shall fix the rates of liquor in case of any dispute;
(g) The licensee shall be allowed to sell liquor brands like, Royal Stag, Red Knight, Bacardi Rum, Smirnoff Vodka Range and above range including ready to drink beverages.]
(5) [Omitted]
(6) A Licensee in Form L.6 for the retail vend of foreign liquor in a Railway Refreshment Room for "on" consumption.
(a) The license shall only sell foreign liquor in retail for consumption on the premises to bona fide passengers and other persons served with eatable there, premises meaning within the limits of the railway station.
(b) The licensee shall not sell liquor to persons employed in railway service, except under rules issued by the railway administration.
(c) The licensee shall maintain accounts of receipts and sales in Form L.23 and shall at the end of each month, prepare and submit to the Excise Inspector, a monthly true abstract of receipts and sales in Form M.66.
(7) A license in Form L. 7 for the retail vend of foreign liquor in a Railway Dining Car.
(a) The licensee is authorised to sell foreign liquor in retail for consumption in a dining car attached to a railway running in Haryana. He shall sell only--
(i) to passengers of that train;
(ii) under rule issued by the railway administration, to persons employed in railway service.
(b) The licensee shall maintain accounts of receipts and sales in Form L.23 and shall at the end of each month prepare and submit to the Excise Inspector, a monthly true abstract of receipts and sales in Form M. 66.
(8) Supplementary License in Form L.8 to the licensee of a Hotel, Restaurant, Railway Dining Car, or Railway Refreshment Room to sell foreign liquor in retail for consumption "off" the premises.
The licensee shall be bound by all the conditions of his substantive license.
[(9) License in Form L.9 for the retail vend of foreign liquor in Military Canteens whether run regimentally or on club lines and in Canteens run by the Border Security Forces or National Security Guards or Indian Tibet Border Police] in licensed premises approved by the competent authority of the military or Border Security Forces or National Security Guards or Indian Tibet Border Police.
(a) The licensee shall not sell liquor except such liquor as he may be permitted under contract to sell.
(b) Notwithstanding anything in rule 37(2), the licensee may establish separate places of vend without taking out separate license in cases where a portion of unit is detached for training or other purposes or is left behind.
(c) The licensee shall not sell liquor of any description to persons other than those attached to the regiment for which the license is granted or duly authorised by the competent military authority to use such canteen.
(d) Notwithstanding anything in rule 37(26) the licensee may store and sell spirit diluted with mineral water with the permission of the competent authority of the military or Border Security Forces.
(e) The licensee shall maintain accounts of receipts and sales in Form L. 23 and shall at the end of each month, prepare and submit to the Excise Inspector, a monthly true abstract of receipts and sales in Form M. 66.
(10) A License in Form L.10 for the retail vend of Beer for either 'on or off' consumption and in form L.10-A for retail vend of beer for off consumption.
(a) The licensee shall keep at all times a sufficient stock of bottled and unbottled beer available for his customers.
(b) The price of unbottled beer sold under his licensee shall not exceed a specific price per glass, if so ordered by the Financial Commissioner.
Note :- Unless orders are received by November 30, the Collector may presume that no price will be fixed.
(c) The licensee shall prominently display in front of the shop a sign-board showing clearly in English and Hindi, the maximum price per glass fixed under condition (b) above.
(d) The licensee shall maintain accounts of receipts and sales in Form L.23 and shall at the end of each month, prepare and submit to the Excise Inspector, a monthly true abstracts of receipts and sales in Form M.66.
(e) This license shall not be run on premises used as hotels and or restaurants at places providing eatables.
(11) A license in Form L.11 for the bottling of foreign liquor. - (a) The licensee is authorised to bottle foreign liquor only whether manufactured in India or imported.
(b) Only foreign liquor shall be kept on the premises.
(c) The licensee shall not bottle any foreign liquor of a strength less than 250 under proof in the case of brandy, whisky, rum or vodka or gin or spirit intended to pass as brandy, whisky, rum vodka or gin.
(d) Bottling shall be carried out only at the premises named in the license.
(e) The licensee shall enter in a stock book in Form L.24, the quantity, description and strength of any spirit received on his licensed premises and shall at the end of each month, prepare and submit to the Excise Inspector a monthly true abstract of his bottling operation in Form M.69. The stock book shall be accessible to the officer incharge or any other inspecting officer, all reasonable hours and shall be kept for 12 months from the date of the last entry in it.
(f) Specifications of bottles.
(i) Indian made foreign spirit shall be bottled in bottles of the capacity of 750 millilitres, 375 millilitres or 180 millilitres.
(ii) The bottles mentioned above shall be of standard pattern shall either bear the following specifications mounded on the glass.
The words "Haryana Excise" and the figures and words '750 millilitres, "375 millilitres," 180 millilitres as the case may be, or shall have a monogram moulded or sand blasted on them, consisting of the letters 'HE, and figures and letters "750 millilitres," "375 millilitres or '180 millilitres' in a triangle e.g., H.E. 750 m.l.
and the name and mark of the manufacturer of the bottles; and
(iii) No licensee shall be permitted to use for bottling Indian made foreign spirit any bottles bearing the name or trade mark of any other bottler.
(g) Notwithstanding anything contained in clause (f) the Financial Commissioner may, in case of emergency permit for the bottling of Indian-made foreign liquor, the use of sand blasted non-excise bottles with the necks not suitable for sealing with a crown cork or capacities ranging between 625 millilitres and 757 millilitres, 313 millilitres and 378.5 millilitres and without the name and mark of the manufacturer of the bottles, provided the capacity of each bottles is distinctly shown in the label affixed to it.
(h) (i) All bottles containing Indian-made foreign spirit shall, unless otherwise allowed by the Financial Commissioner, be securely sealed with pilfer proof seals in such a way as to make it impossible to remove the seal without its being cut or broken.
(ii) The seals to be used on various kinds of liquor shall be one coloured of standard size, and bear on top thereof, the words 'Haryana Excise' together with the name of the bottle, the district in which he has a license, printed in cut out letterings, provided that any other additional printing may be ordered to be done, if so desired by the licensee at the sides only.
(iii) Before bringing any kind of pilfer proof seal into use, the licensee shall submit samples thereof to the Financial Commissioner for approval. The licensee shall comply with such instructions as the Financial Commissioner may from time to time issue regarding any seal. The licensee, shall, however, have his choice in respect of the colour of seals or different varieties of liquor, but their design shall invariably correspond with the pattern, approved by the Financial Commissioner.
Bottling of Indian-made foreign spirit.
(i) The licensee shall give timely information to the Excise Inspector of days and hours during which bottling is to be done. Bottling will be allowed only during working hours from 10 a.m. to 5 p.m.
(ii) If the licensee has reduced the strength of spirit by dilution he shall not bottle the spirit until 12 hours after reduction, unless arrangements approval by the Financial Commissioner have been made to cool the spirit and to prevent shrinkage after bottling.
(j) Labels to be used on the bottles of Indian-made foreign spirit.
(i) The licensee may affix to his bottles any label or liable, but he shall not show on any label affixed to the bottles filled by him any announcement that the spirit has been distilled at any particular distillery nor shall any such announcement be made on the capsule or on the paper wrapper of the bottle.
(ii) The name of the licensed bottler and the place of bottling must appear in full in English on all the labels.
(iii) Before bringing any labels into use the licensee shall submit exact copies of them, in triplicate, to the Deputy Excise and Taxation Commissioner, who shall forward two copies to the Collector for transmission to Financial Commissioner for his approval. The licensee shall comply with such instructions as the Financial Commissioner may issue regarding any label and shall deposit in the Financial Commissioner's Office an exact copy of each label that has been approved.
(iv) No label shall be accepted if the design is of an objectionable nature or conveys the impression that the label is intended to be imitation of labels used on imported spirit.
(v) Labels on the bottles shall be so affixed as to be easily distinguishable. No label shall be pasted over the words, letters, figures or monogram moulded or sand blasted thereon.
(12) A License in Form L.12 permitting the sale of Medicated Wines. - (a) The licensee shall not sell under this license any wine except wines which are classified as medicated wines and assessed under item 22. (5)(b) of the Indian Customs Tariff;
Provided that they do not contain more than 42 per cent of proof spirit.
(b) The licensee shall not sell any article covered by the license except for medicinal purposes.
(c) The licensee shall not sell to any one person at any time any article covered by this license in greater quantity than 9 litres or 12 bottles of the capacity of 750 millilitres each.
Provided that sales in larger quantities may be made to persons holding a chemists license and to Government or charitable dispensaries.
(d) Except upon the order of a qualified medical practitioner, the licensee shall not knowingly sell or supply any article covered by his license for consumption by a minor or person of unsound mind.
(e) The licensee shall maintain accounts in form L.29 and shall at the end of each month prepare and submit to the Excise Inspector a monthly true abstract of receipts and sales in form M.72.
Note :- No license shall be required for the sale of medicated wine containing less than 20 per cent of proof spirit.
(13) Temporary and permanent licenses in Form L.12-A and L.12-B for Retail vend of liquor at Bar. - (a) The licensee is authorised to sell foreign liquor in retail for consumption at a bar or other parts of the premises specially prescribed in the license. Sales of liquor shall be made in glasses by the open bottles only. Such bottles must on no account be removed by customers from the premises. In theatres, cinemas and such places of entertainment, liquor shall be sold only to spectators who have purchased tickets or to bona fide servants or employees of the licensee or of his lessee. No liquor shall be sold to students, or minors.
(b) No person shall be permitted to reside in the bar.
(c) The licensee shall maintain accounts receipts and sales in form L.23 & shall at the end of each month, prepare and submit to the Excise Inspector, a monthly true abstract of receipts and sales in form M.66.
(14) Licence in Form L.12-C for retail vend of Foreign Liquor at a Club. - (a) The licensee shall be authorised to sell foreign liquor by retail for consumption at the club to its members only, but he shall not sell liquor to students of all ages and other persons below 25 years of age even if they are members of the club. Sales of liquor shall be made in glasses or by open bottles only. Such bottles will, on no account, be removed by members from the premises.
(b) The licensee shall maintain accounts of receipts and sales in form L.23 and shall at the end of each month prepare and submit to the Excise Inspector, a monthly true abstract of receipts and sales in form M. 66.
[(c) The licensee shall get their supplies from any L-2 licensee of the district, where such license is granted. In case of costly brands above Rs. 500 per bottle or wines which are not made available to the bar licensee by L-2, the licensee shall be allowed to get their supplies from any other L-2 licensee within the State;
(d) The Collector shall fix the rates of liquor in case of any dispute;
(e) The licensee shall be allowed to sell liquor brands like, Royal Stag, Red Knight, Bacardi Rum, Simronof Vodka Range and above range including ready to drink beverages.]
(14-A) License in Form L.12-D for manufacture and possession of sacramental Wine for use on special occasions. - (a) The licensee is authorised to manufacture sacramental wine for use on special occasions connected with Catholic worship for the sacrifice of the Mass. He shall not have in his possession for use on such an occasion, more than 9.093 litres of sacramental wine.
(b) Such sacramental wine shall be prepared from pure dried grapes by a process of fermentation only. No alcohol or any other ingredient shall be added in its preparation, nor shall the process of distillation be allowed in the manufacture thereof.
(c) Sacramental wine prepared under the license shall be used on the special occasion connected with the Catholic worship for the sacrifice of the Mass.
(15) License in Form L.13 for the whole sale vend of country spirit. - (a) The licensee shall function as stockist for the retail vendors of the district in which he holds the license. He may obtain his supplies country spirit from any distillery licensed in Haryana or from a boned warehouse in Haryana or from any other source so authorised by the Financial Commissioner subject to the approval of the Government. The licensee shall sell country spirit to the retailers at a price so fixed by the Financial Commissioner from time to time.
(b) The licensee shall obtain his spirit for sale only at a strength prescribed in rule 37(3)(a) and he shall sell the spirit so obtained without admixture or adulteration of any kind.
(c) The licensee shall not alter or compound spirit and shall not introduce into his licensed premises or use or sell any rectified spirit.
(d) The licensee shall not sell or expose for sale the country spirit in bottles, jars casks or other vessels of such shape or colour or bearing such figures words or marks as are reasonably calculated to lead any one to believe that such spirit is other than country spirit.
(e) The licensee shall sell ordinary spiced spirit only to a person holding a license in form L.13, L.14. L.14-A, or L.14-B in the districts of Haryana.
(f) On making any sale under his license the licensee shall apply to the Collector or other officer empowered in that behalf to prepare a pass in the prescribed form to cover the transport of the spirit of its place of destination and shall not despatch any spirit till a pass covering such transport has been duly issued. In the event, however, of the licensee being himself authorised to issue such pass for the transport of liquor, he shall immediately send a copy of the same to the Excise Inspector of the District of destination and in case of transport within the district to the Excise Inspector of his own district.
(g) The licensee shall sell country spirit at such rates as may from time to time be fixed by the Financial Commissioner and endorsed on the license.
(h) The licensee shall maintain accounts of receipts and sales in form L.25 and shall at the end of each month prepare and submit to the Excise Inspector a monthly true abstract of receipts and sales in Form M.67.
(15-A) License in form L.13-A for wholesale vend of Rum and Gin of the strength of 50 degree proof to the trade only. - (a) The licensee shall function as stockists for the retail vendors of the district in which he holds the license. He may obtain his supplies of Rum and Gin of the strength of 55 degree proof after depositing excide duty at the rate of rupees fifteen per proof litre as specified in the Punjab Excise Fiscal Orders, 1932, and on the authority of a permit in Form L.32 from any distillery licensed in Haryana or from any other source so authorised by the Financial Commissioner subject to the approval of the Government. The licensee shall sell Rum and gin to the retailers at a price fixed by the Financial Commissioner from time to time.
(b) The licensee shall sell Rum and Gin so obtained without admixture or adulteration of any kind.
(c) The licensee shall sell Rum and Gin of the strength of 55 degree proof in bottled form to the licensees holding license in form L.2-A only.
(d) The licensee shall not alter or compound spirit and shall not introduce into his licensed premises or use or sell any rectified spirit.
(e) with the determination of license in form L.13, the license in form L.13-A shall stand determined automatically.
[(f) The licensee shall maintain accounts of receipts and sales in form L.25 and shall at the end of each month prepare and submit to the Excise Inspector a monthly true abstract of receipts and sales in Form M.67.]
(16) Licenses in Form L.14-A for the retail vend of country spirit for "On and Off" consumption respectively and in form 14-B for retail vend of country spirit on special occasion. - (a) The licensee shall, unless otherwise permitted by the Collector concerned in exceptional cases get his requirements of country spirit from a person licensed to sell country spirit by wholesale in the district concerned.
(b) The licensee shall not sell or expose for sale country spirit in bottles, of such shape or colour of bearing such figures, words or marks as are reasonably calculated to lead persons to believe that such spirit is other than country spirit.
(c) The licensee shall not sell more than four bottles each of the capacity of seven hundred and fifty millilitres of country spirit to any person at one time, provided that he may sell to any person at one time any quantity of country spirit covered by a permit issued by an authorised officer. Any sale made by a license under such a general or special permit shall be specially registered by him.
(d) The licensee shall prominently display in front of his shop, a signboard showing in Hindi the retail prices of each kind of bottles to be charged by him as set forth in his license.
(e) The license shall sell country spirit at such rates as may be fixed from time to time by the Financial Commissioner, Haryana.
(f) No country spirit shall be sold for consumption 'off' the premises in a cantonment, except under a passes, unless this condition is dispensed with by the military authorities.
(g) The licensee shall maintain accounts of receipts and sales in form L. 26 and shall at the end of each month, prepare and submit to the Excise Inspector, a monthly true abstract of rescripts and sales in Form M. 68.
(h) These licenses shall not be run on premises used as hotels and/or restaurants or at places providing eatables.
(i) The following special conditions shall apply to these licenses separately :-
- 14
(a) The license shall sell ordinary spices country spirit only I sealed bottles by retail for consumption "on" and "off" the premises.
(b) The licensee may also sell beer at vends situated in the rural areas only for consumption "off" the premises.
Note :- For the purpose of this rule, rural area shall mean areas other than :-
(i) Municipal area;
(ii) Notified Area Committee area;
(iii) Ambala Cantonment Board;
(iv) Urban Estates, Panchkula;
(v) Faridabad Complex; and
(vi) Urban Agglomerations as Ambala, Yamunanagar, Gurgaon and Hisar.
L.14-A
The licensee shall sell ordinary spiced country spirit only in sealed bottles by retail for consumption "off" the premises.]
(16-A) [License in form L.14-A and Sub-Vend attached to L-14-A for retail vend of ordinary spiced country spirit for consumption "off", the premises;] - [(a) no new vend or sub-vend shall be located in rural area within three kilometres of the district boundary of the adjoining district.
(b) the licensee shall be allowed to operate five sub-ends to each vend of country liquor/Indian made foreign liquor in the district irrespective of their urban and rural location. However, sub-vends located in rural areas shall be allowed to sell only country liquor, Sub-vends shall be allowed to sell beer, without making any payment of license fee or without any other license under these rules;]
[(c) the licensee may open a sub-vend with prior approval of the Collector. The licensee may shift a sub-vend with prior approval of the Collector within his command area, in case the sub-vend has to be closed due to Court orders, local resistance or any other reason beyond the control of the licensee;]
(d) the liquor vend contractor and his partners will themselves be responsible for the proper functioning of the sub vends as in case of main vend. Separate accounts of sales shall be maintained. They would be accountable for all omissions and commissions keeping in view various law and rules;
(e) scheme specifying the command areas and the locations of sub vends will have to be got approved by the respective Deputy Excise and Taxation Commissioner, from the Joint/Additional Excise and Taxation Commissioner (Headquarters) before Excise auction of the concerned district. Deputy Excise and Taxation Commissioners will put up the scheme to the Joint/Additional Excise and Taxation Commissioner (headquarters) after careful consideration and under their own signatures;
(f) villages situated within 5 kilometres of municipal limits of a town will not fall in any command area of rural vend;
[(g) for operating a sub-vends, the licensee shall have to obtain a licensee in Form L-14-A/SV on a fixed annual fee of Rs. 30,000/-. He will also be allowed to sell the beer, without making any extra payment.]
(17) A license in Form L.15 for the bottling of country spirit. - In addition to the following special conditions, all the conditions relating to the bottling of Indian made foreign spirit under L.11 and to the bottling of country spirit in the Punjab Distillery Rules, shall apply mutatis mutandis to the bottling of country spirit under license L. 15 :-
(i) The licensee is authorised to bottle country spirit only which includes spiced country spirit.
(ii) The licensee shall bottle ordinary spiced country spirit only at strength of 45 degree under proof.
(iii) The licensee shall maintain accounts for the bottling of country spirit in form L.28 and shall at the end of each month prepare and submit to the Excise Inspector on account of bottling operations in form M. 69.
(18) A license in Form L.16 to reduce country spirit. - (a) The licensee is authorised to reduce, by the addition of water, spirit of an original strength not exceeding 43 degrees over proof.
(b) The reduction must be done in a special empty receptacle. Water used for the reduction must by pure and the licensee must comply with the directions of the Collector regarding the water supply.
(c) Timely intimation must be given to the Excise Officer when reduction is to be done.
(d) The licensee shall maintain accounts of reduction in form L.20 and shall at the end of each month prepare and submit to the Excise Inspector, a monthly true abstract thereof in form M.70.
[(19) A license in form L.17 for the vend of denatured spirit. - (a) the licensee shall not, without the special sanction of the Financial Commissioner, have in his possession at any one time, denatured spirit in a quantity in excess of 2000 litres;
(b) the licensee may sell one bottle of 750 millilitres of denatured spirit to any consumer after making an entry in the register kept for the purpose. He may sell quantity greater than one bottle of 750 millilitres of denatured spirit against a permit issued by the district excise authorities;
(c) the licensee shall keep separate accounts of sales in form L.31 and shall at the end of each month prepare and submit to the Excise Inspector, a monthly true abstract of receipts and sales in form M-71;
(d) the licensee shall denatured spirit of a less strength than 50 degree over proof;
(e) the licensee shall, in accordance as he may be permitted by the Financial Commissioner, obtain supplies from one or more of the sources, and subject to the conditions, if any imposed by him, procure his supplies of denatured spirit either from a bonded warehouse set up or approved by the Government or by direct import from overseas or by purchase from other vendors licensed to sell denatured spirit, or by removal from licensed distilleries after obtaining the permit and pass required under the rules applicable to such removals;
(f) the licensee shall not mix denatured spirit with other spirits;
(g) the licensee shall constantly exhibit a sign-board at his place of vend bearing his name and the words "licensed vendor of denatured spirit"
(h) the licensee shall sell denatured spirit at such rates as may from time to time be fixed by the Financial Commissioner, and endorsed on the license; and
(i) all bottles, jars, drums of casks containing denatured spirit, shall bear a label, printed in red and containing skull and cross bones, with a warning 'not to be taken internally in Hindi and English. The word "Wine" must be in no circumstances appear on such labels. Before bringing any labels into use, the licensee shall submit exact copies of them, in triplicate, to the Deputy Excise and Taxation Commissioner of the district concerned, who shall forward them to the Collector for his approval. The Collector shall retain one copy of the approved label in his office and return two copies to the Deputy Excise and Taxation Commissioner. The licensee shall comply with such instructions as the Collector or Financial Commissioner may issue regarding any label.]
(20) A license in Form L. 19 for the vend of rectified spirit for medicinal, industrial and scientific purposes. - (a) Rectified spirit sold under this license shall be of strength not less than 45 degree over proof and neither water nor any other substance, whatsoever shall be added to it by the licensee. The licensee shall, in accordance as he may be permitted by the Financial Commissioner obtain supply from one or more of the sources and subject to the conditions, if any, imposed by him obtain supplies of recritified spirit from a bonded warehouse, set up or approved by Government or from the licensed distilleries in Haryana or from the Kasuali Distillery in Himachal Pradesh or Delhi or through import from foreign countries.
(b) The licensee shall not have in his possession at any one time a quantity exceeding 45.463 litres or such larger quantity as the Financial Commissioner, may specially authorise.
(c) The license shall sell rectified spirit for medicinal, industrial and scientific purposes only.
(d) The licensee shall not sell in any one transaction more than the quantity which the purchaser is permitted to possess.
(e) The licensee shall label every receptacle containing rectified spirit conspicuously showing the nature and place of manufacture of its contents.
(f) The licensee shall maintain, separate accounts of sales by wholesale and retail in Form L.32 and shall at the end of each month prepare and submit to the Excise Inspector a monthly true abstract of receipts and sales in form M.70.
F - Repeal And Saving
- The Punjab Liquor License Rules, 1956, are hereby repealed.
Provided that any thing done or any action taken under the rules repealed shall if not inconsistent with the provision of these rules be deemed to have been done or taken under the corresponding provisions of these rules.
Form L
License for the ___________________________________________
Registered under District No. _____________________________
This license authorising____________premises specified below and for the period from_______to_______is granted to _______of_______in the District of ______
Hours of sale___________________________________
Retail price fixed or maximum_______________
The license is granted subject to the provisions of the Punjab Excise Act, 1914 and Rules framed thereunder from time to time and the supplementary conditions below, and subject to the payment of Rs._________on account of license fee.
Financial Commissioner, Haryana
Collector
Description of licensed premises___________________________
Supplementary conditions_________________________________
______________________________________________________
Note :- The form is to be used for all liquor license except that in form L.12-D for which special form has been prescribed.
Endorsement of renewal
The license is hereby on the conditions hereinbefore stated for the period and subject to the fee stated below :-
Period | Fee |
Financial Commissioner
Collector
List of authorised agents or salesman
Name | Father's Name | Age | Residence |
|
Miscellaneous endorsements.
Please strike out where this clause is not required
Form 12-D
License in form L.12-D for manufacture and possession of sacramental wine for use on special occasions with Catholic Worship for the sacrifice of the Mass Registered under district No. __________________________
This license authorising manufacture and possession of sacramental wine for use on special occasions connected with Catholic Worship for the sacrifice of the Mass granted to _________of premises____________ for the period from the __________ to the____________ in the_______________tehsil of the______________of ___________ district and granted subject to the conditions specified below :-
The license shall be bound to observe all rupees under the Punjab Excise Act, 1914(1 of 1914), applicable to his licence and the general and special conditions of the license,
Special Conditions
- The licensee is authorised to manufacturing sacramental wine for use on special occasions connected with Catholic Worship for the sacrifice of the Mass. He shall not have in his possession, for use on such an occasion, more than 10 litres of sacramental wine.
- Such sacramental wine shall be prepared from pure dried grapes by a process of fermentation only. No other alcohol or any other ingredient shall be added in its preparation, nor shall be possess of distillation be allowed in the manufacture thereof.
Sacramental wine prepared under the license shall be used only on a special occasion connected with Catholic Worship for the sacrifice of the Mass.
__________________(place)
Dated the________________
Signature and designation of the Officer granting the license
Register Form L-22
(To be maintained by every person holding a licence in Forms L. 1, L. 2 for the wholesale and retail vend of foreign liquor.)
All entries to be of quantities in bulk litres | |||||||||
Daily total of receipts | |||||||||
Beer | |||||||||
Month and date | Number and date of pass under which received | Imported whisky brandy, rum and gin | Whisky, brandy and gin made in India | Coloured rum made in India, Other spirits and liquor | Wine | Imported | Indian | Signature and date of the Excise Inspector of Excise Sub-Inspector on comparison of receipt entries with passes | Number of pass under which issued |
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
All entries to be quantities in bulk litres | |||||||||
Details of each issue | |||||||||
Beer | |||||||||
Name, address and licence of person to whom each issue is made | Imported whisky, brandy, rum and gin | Whisky, brandy and gin made in India | Coloured rum made in India | Other spirits and liquor | Wines | Imported | Indian | Remarks | |
11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 |
- The monthly returns to be submitted to the Excise Inspector are the totals of columns 6 to 9 and 13 to 19 with the balance at the end of each month.
- Holders of licence in Form L. 2 for wholesale or retail vend to the public need not maintain columns 11 and 12 and in columns 13 to 19 need enter only daily totals.
- At the end of each day's business, the total of the day's transaction should be entered in columns 13 to 19; the totals of the issue columns should be copied under the totals of the corresponding receipt columns 3 to 9; and the daily balance should then be entered under them in the receipt columns.
- The licensee in Form L. 2 must specially note in the remarks columns every issues made under a special permit, stating the name and address of the person to whom issues were made and the quantity issued.
Register Form L. 23
(To be maintained by every person holding a licence in Forms L. 3 to L. 10, L. 12-A, L. 12-B and L. 12-C for the retail vend of foreign liquor.)
All entries to be of quantities in Bulk litres | ||||||||||
Daily total of receipts | Daily total of issues | |||||||||
Month and date | Imported whisky, brandy, rum and gin | Whisky, brandy and gin made in India | Coloured rum made in India | Other spirits and liquors | Wine | Beer | Imported Whisky, brandy, rum and gin | Whisky, brandy and gin made in India | Coloured rum made in India | |
Imported | Indian | |||||||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
All entries to be of quantities in Bulk litres | |||||||||||
Daily total of Issues | Daily Balance | ||||||||||
Other spirits and liquors | Wine | Beer | Imported whisky, brandy, rum and gin | Whisky, brandy and gin made in India | Coloured rum made in India | Other spirits and liquors | Wine | Beer | Remarks | ||
Imported | Indian | Imported | Indian | ||||||||
12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 |
The monthly returns to be submitted to the Excise Inspector are the totals of columns 2 to 15 with the balance in columns 16 to 22 at the end of the each month.
Register Form L. 24
(To be maintained by every person holding a licence in Form L. 11 for bottling of foreign spirit)
Details of each consignment of spirit received | Details of each reduction or blending | |||||||
Month and date | Name and address of distillery from whom received with number and date of covering pass | Bulk litres | Strength | Litres equivalent L.P. | Before reduction or blending | |||
Bulk Litres | Strength | L.P. Litres | Bulk Litres | |||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
Transfer in bulk wholesale vend register | ||||
After reduction or blending | ||||
Strength | L.P. Litres | Bulk Litres | Strength | L.P. Litres |
10 | 11 | 12 | 13 | 14 |
Spirit bottled and to be accounted for by the bottler in his wholesale vend register | Daily balance | ||||||||||
Issued for bottling | Number of bottles in which bottled | ||||||||||
Bulk Litres | Strength | L.P. Litres | Dozen and bottles | Capacities | Bulk litres | Excess or loss in bottling | Description | Bulk litres | Strength | L.P. Litres | |
15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 |
The monthly returns to be submitted to Excise Inspector are the totals of columns 11 and 12
Register Form L. 25
(To be maintained by every person holding a licence in Form L. 13 for the wholesale vend of country spirit)
Details of each Receipt of Spirit
Month and date | Name of distillery or licenced vendor from whom received | Number and the date of the pass under which received | Description of Bottles | Bulk spirit in litres | ||
750 M.L. | 375 M.L. | 180 M.L. | ||||
1 | 2 | 3 | 4 | 5 | 6 | 7 |
Dozens Bottles | Dozens Bottles | Dozens Bottles | ||||
Register Form L. 25 Contd.
(To be maintained by every person holding a licence in Form L. 13 for the wholesale vend of country spirit-contd.)
DETAILS OF EACH ISSUE OF SPIRIT | BALANCE | |||||||||
Description of Bottles | Description of Bottles | Bulk Spirit in litres | Remarks | |||||||
Number and date of the pass covering issue | Name, address and licence of the purchaser | 750 M.L. | 375 M.L. | 180 M.L. | Bulk spirit in litres | 750 M.L. | 375 M.L. | 180 M.L. | ||
8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 |
Dozens Bottles | Dozens Bottles | Dozens Bottles | Dozens Bottles | Dozens Bottles | Dozens Bottles |
Note :- The monthly return to be submitted to the Excise Inspector should show the totals of the receipts and issue of the month and the balance on the last day of the month to which the statement relates.
Register Form L. 26
RECEIPTS | ||||||
Bottled spirit | ||||||
Month and date | Name and address of distillery licensee from whom received | No. and date of the pass under which received | Unbottled spirit (litres) | |||
750 M.L. | 375 M.L. | 180 M.L. | ||||
1 | 2 | 3 | 4 | 5 | 6 | 7 |
Dozens Bottles | Dozens Bottles | Dozens Bottles |
Register Form L. 26 - contd.
(To be maintained by every person holding a licence in Form L. 14, L. 14-A or L. 14-B for the retail vend of country spirit)
SALE | ||||||||
Bottled Spirit | BALANCE | Remarks | ||||||
Unbottled spirit | 750 M.L. | 375 M.L. | 180 M.L. | Unbottled spirit | 750 M.L. | 375 M.L. | 180 M.L. | |
8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 |
Dozens Bottles | Dozens Bottles | Dozens Bottles | Dozens Bottles | Dozens Bottles | Dozens Bottles | Dozens Bottles |
Note :- (1) The monthly return to be submitted to the Excise Inspector should show totals of the receipts and sales of the month and the balance on the last day of the month to which the statement relates.
(2) In the remarks column, the licensee must specially note every issue made under a special permit stating the name and address of person, to whom the issue was made, the quantity issued and the purpose for which it was issued.
Register Form L. 28
(To be maintained by every person holding a licence in Form L. 15 for the bottling or country spirit)
DETAILS OF EACH CONSIGNMENT OF SPIRIT RECEIVED FOR BOTTLING | DETAILS OF EACH REDUCTION AND BLENDING | |||||||||
Before reduction | After reduction | |||||||||
Month and date | Name and address of wholesaler or distiller from whom received with number and date of covering pass | Bulk Litres | Strength | Litres equivalent L.P. | ||||||
Bulk Litres | Strength | L.P. Litres | Bulk Litres | Strength | L.P. Litres | |||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
ISSUED FOR BOTTLING | AFTER BOTTLING | DAILY BALANCE | |||||||||
Bulk Litres | Strength | L.P. Litres | Dozens bottles | Capacities | Bulk Litres | L.P. Litres | Excess or less in bottling | Stock in bulk Litres | Dozens bottles | Capacities | Totals in Bulk Litres |
12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 |
The monthly totals to be submitted to the Excise Inspector are the totals of columns 5, 8 and 15 and the balance shown in columns 20, 21, 22, 23 at the end of each month.
Register Form L. 29
(To be maintained by every person holding a licence in Form L. 12 for the sale of medicated wines)
No register is prescribed for detailed entries of stocks and sales, but each licensee must submit at the end of each month to the Excise Inspector of his district statement in the following Form showing his sales during the month viz. -
Name of licensee_______________ licenced at____________________
Sale of medicated wines during the month of_____________________
Particulars Of Medicated Wines
Receipts__________ | Issues____________ | Bales | ||||||||||
Date_______ | ||||||||||||
Name and address of firm from whom purchased | Quantity in Bulk Litres received | Name of the Wines | Quantity in Bulk Litres | Name of Wines | Quantity in Bulk Litres | Name of Wines | ||||||
1 | 2 | 3 | 1 | 2 | 3 | 1 | 2 | 3 | ||||
Form L. 30
(To be maintained by every person holding a supplementary licence in Form L. 16 for the reduction of country spirit)
Details of each receipt of Spirit | Details of reduction or blending | ||||||||
Month and date | Name and address of distiller from whom received | Under pass number and date | Bulk Litres | Strength | Litres equivalent L.P. | Before reduction or blending | |||
Bulk Litres | Strength | Litres equivalent | |||||||
Litres equivalent | Bulk-Litres | ||||||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
Results after reduction or blending litres to be accounted for the licensee wholevend register | Bulk Litres | Balance for reduction or blending equivalent L.P. | Remarks |
20 U.P. | |||
11 | 12 | 13 | 14 |
Plain spiced spirit must be registered separately on separate pages of the register.
The monthly returns to be submitted to the Excise Inspector are the totals of columns 6, 9, 10 with the balance shown in column 13 at the end of each month.
Register Form L. 31
(To be maintained by every person holding a licence in Form L. 17 or L. 19 for the sale of denatured or rectified spirit)
DETAILS OF EACH RECEIPT AND ISSUE WITH QUANTITIES IN BULK LITRES AND BOTTLES | |||||||||
Receipts | Wholesale Issues | ||||||||
Month and date | From | Name and address of distiller or licencee from whom received | Number & date of pass under which received | Quantity | Pass No. | Name and address of persons to whom issued | Quantity sold | ||
Litres | Bottles | Litres | Bottles | ||||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
Retail Issues | Balance | Remarks | |||
Name, occupation or trade, and address of purchaser | Quantity sold | Litres | Bottles | ||
Litres | Bottles | ||||
11 | 12 | 13 | 14 | 15 | 16 |
The monthly returns to be submitted to the Excise Inspector are the totals of columns 5, 6, 9, 10, 12, 13 with balance shown in columns 14 and 15 at the end of the month : the return should show separately spirit made in India and other spirit.
Form M. 14
(Statement showing the result of auction of urban licences for retail vends of_________ in the__________ district__________ for the financial year_____________________).
(To be prepared by the Excise Inspector soon after the conclusion of the auction)
Name of the Excise Inspector and his circle | Locality of the licensee | Name, parentage and full addresses of the persons to whom vend sold | Minimum licence fee determined | License fee of the vend for the preceding year | License fee for which vend sold | Difference (plus or minus) Difference of columns 5 and 6 | Remarks |
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
Note :- This form can be used for reporting the results of auction of all licences.
____________
Collector
Place____________________
Date_____________________
Form M. 14-A
(Statement showing the result of auction of Rural Licenses for retail vend of_________ in the_______ District for the financial year_________).
(To be prepared by the Excise Inspector soon after the conclusion of auction)
Name of the Excise Inspector and his Circle | Locality of the licensee | Name parentage and full address of the person to (whom) vend sold | Minimum licence fee determined | License fee of the vend for the preceding year | License fee for which vend sold | Difference (plus or minus) Difference of columns 5 and 6 | Remarks |
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
Rs. | Rs. | Rs. | |||||
Note :- This form can be used for reporting the result of auction of all licences.
Place__________________
Date___________________
Form M. 16
Statement showing the resale of licences for vend of liquor in___________ district during the year______________
(To be prepared by the Excise Clerk when the resale takes place)
Name of the district | Name of Tehsil | Locality of shop | Nature of licence | Name of original licence-holder | Name of present licence-holder | Total licence fee, originally fixed for term of the financial year |
1 | 2 | 3 | 4 | 5 | 6 | 7 |
Rs. | ||||||
Date on which the original licence holder ceased to sell | Total of fee realised from the original licence holder | Date on which the licence was resold | Date on which the licence holder took possession | Amount to be realised from the new licence-holder upto the end of the year | Total of amount entered in columns 9 and 12 | Total loss on resale | Prospects of recovery of outstanding |
8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 |
Rs. | Rs. | Rs. | Rs. | ||||
Form M. 24-A
[Rule 36 (9)]
Receipt for the advance money deposited under the Haryana Liquor License Rules, 1970 | Receipt for the advance money deposited under the Haryana Liquor License Rules, 1970 |
Auction of excise licences of the___________ district for the year__________ | Auction of excise licences of the____________ district for the year______________ |
FOIL | DUPLICATE |
(To be retained in the office of issue) | (To be given to the depositor) |
1. Serial No.________________ | 1. Serial No._______________ |
2. Name and full address of the depositor | 2. Name and full address of the depositor |
3. Amount of deposit, Rs. 25 (twenty-five) only | 3. Amount of deposit, Rs. 25 (twenty-five) only |
4. Date of issue_____________ | 4. Date of issue_____________ |
5. Signature of officer issuing receipt | 5. Signature of officer issuing receipt |
6. Signature of Treasury | 6. Signature of Treasury |
Form M. 66
Monthly return of foreign liquor, whether by wholesale or by retail
(To be submitted to the Excise Inspector by the licenced vendor not later than the second day of every month)
Name of licensee____________ licenced at_______________ under licence Form No._______________
(All entries to be quantities in bulk litre)
Receipts | ||||
Month | Imported whisky, brandy, rum and gin vodka | Whisky, brandy and gin made in India | Coloured rum made in India | Other spirit and liquors |
1 | 2 | 3 | 4 | 5 |
Issues | ||||||
Beer | Imported whisky, brandy, rum and gin | Whisky, brandy and gin made in India | Coloured rum made in India | Other spirit and liquors | ||
Wine | ||||||
Imported | Indian | |||||
6 | 7 | 8 | 9 | 10 | 11 | 12 |
Month | Issues | Balance | |||||||||
Beer | Imported whisky, brandy, rum and gin | Whisky, brandy and gin made in India | Coloured rum made in India | Other spirit and liquors | Remarks | ||||||
Wine | Wine | Beer | |||||||||
Imported | Indian | Imported | Indian | ||||||||
1 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 |
Form M. 67
Monthly return of sales of country spirit by wholesale
(To be submitted to the Excise Inspector by the licenced vendor not later than the second day of every month)
Name of licence_________ licenced_______ under licence Form No.___
Month | Receipt | Issues | Balance | |||
Spiced spirit | Spiced spirit | Spiced spirit | ||||
Bulk litres | Millilitres | Bulk litres | Millilitres | Bulk litres | Millilitres | |
1 | 2 | 3 | 4 | 5 | 6 | 7 |
Note :- Last balance should be shown above the totals of the corresponding receipt columns.
Form M. 68
(To be submitted to the Excise Inspector by the licenced vendor not later than the second day of every month)
Name of the licensee______ licenced at______ under licence Form No.____
(All entries to be quantities in bulk litres)
Receipts | Issues | Balance | Remarks | |
Month | Spiced spirit | Spiced spirit | Spiced spirit | |
1 | 2 | 3 | 4 | 5 |
Note :- (1) In the remarks column the licensee must specially not every issue made under a special permit stating the name and address of the person to whom the issue was made, the quantity issued and the purpose for which it was issued.
(2) Last balance should be shown above the totals of the corresponding receipt columns.
Form M. 69
Monthly return of Bottling Operations
(To be submitted to the Excise Inspector by the licenced vendor not later than the second day of every month)
Name of the Bottler________ licenced at______ under licence Form No.____
Month | Description of spirit | Last balance (L.P. Litres) | Received for bottling (L.P. Litres) | Total of columns 3 and 4 |
1 | 2 | 3 | 4 | 5 |
Number of Bottles in which Bottled | Balance for Bottling | Remarks | ||||||
Issued for bottling (L.P. Litres) | Dozens and bottles | Alcoholic strength | Capacities | Total L.P. Litres bottled | Excess or loss in bottling (Difference of columns 6 and 10) | Descriptions of spirit | L.P. Litres (Difference of columns 5 and 10) | |
6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 |
Form M. 70
Monthly Return of Reducing Operation
(To be submitted to the Excise Inspector by the licensee not later than the second day of every month)
Name of reducer______ licenced at______ under licence Form No._______
Details Of Reduction
Month___________________________________________________________________________ Remarks | |||||||
Before Reduction | After Reduction | ||||||
Bulk Litres | Strength | L.P. Litres | Bulk Litres | Strength | L.P. Litres | ||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
Form M. 71
Monthly return of sales of rectified/denatured spirit
(To be submitted to the Excise Inspector by the licenced vendor not later than the second day of every month)
Name of the licencee______ licenced at__________ for the sale of_______
Month | Receipts | Issued whole | Issued Retail | Balance | Remarks | ||||
Litres Bottles | Litres | Bottles | Litres | Bottles | Litres | Bottles | |||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
Form M. 72
Monthly return of sales of medicated wines, etc.
(To be submitted to the Excise Inspector by the licenced vendor not later than the second day of every month)
Name of licensee______ licenced at_______ under licence Form No. _________ for the month of_______ | |||
Previous balance in the beginning of the month | Medicated wines, etc. | Number of litres sold during the month | Balance at the close of the month |
1 | 2 | 3 | 4 |