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gksxh vkSj vfUre fdLr 15 ekpZ] 2021 dks ns; gksxh( ¼iii½ tksu ds Bsdksa dh n’kk esa] tks foRrh; o"kZ ds pkyw jgus ds nkSjku ebZ] 2020 ds ckn vkcafVr@iqu% vkcafVr fd, x, gSa] cksyh /ku ds 10 izfr’kr ds cjkcj izfrHkwfr vkcaVu ds fnu tek dh tk,xh RkFkk cksyh /ku ds 10 izfr’kr ds cjkcj 'ks"k izfrHkwfr tksu ds Bsdksa ds vkcaVu dh frfFk ls lkr fnuksa ds Hkhrj tek dh tk,xhA ekl] ftlesa vkcaVu@iqu% vkcaVu fd;k x;k gS ds fy, vuqKfIr Qhl] ml ekl ds 'ks"k fnukas ds vuqikr esa] ekl dh lekfIr rd Hkqxrku;ksX; gksxhA vuqKfIr Qhl ds 83 izfr’kr esa ls 'ks"k jkf’k cjkcj ekfld fdLrksa esa ekpZ] 2021 rd izR;sd ekl ds iUnzgosa fnu Hkqxrku;ksX; gksxhA mlds ckn] mldh izfrHkwfr vU; vkcaVuksa ds ekeys esa lek;ksftr dh tk,xh( ¼iv½ ;fn vkcaVu ;k iqu% vkcaVu Qjojh] 2021 ds ckn fd;k tkrk gS] rks mlds cksyh /ku dk lEiw.kZ 83 izfr’kr ekl dh vfUre frfFk rd olwy fd;k tk,xk] ftlesa vkcaVu@iqu% vkcaVu fd;k x;k gSA vkcaVu@iqu% vkcaVu ds ekl ds fy, fdLr dks] iw.kZ ekl ds :Ik esa laxf.kr le>k tk,xk( ¼v½ vkcaVu@iqu% vkcaVu 15 ls iwoZ fd;k tkrk gS] rks Hkqxrku dh frfFk 15 gksxh ;k ;fn vkcaVu 15 dks ;k ckn esa fd;k tkrk gS] rks Hkqxrku ekl ds vfUre fnu dks gksxkA**A 6- mDr fu;eksa esa] fu;e 36[k ds LFkku ij] fuEufyf[kr fu;e izfrLFkkfir fd;k tk;sxk rFkk 06 ebZ] 2020 ls izfrLFkkfir fd;k x;k le>k tk;sxk] vFkkZRk~%& ^^36[k- dksfoM&19 ds dkj.k 'kjkc ds O;kikj esa fLFkjrk ykus ds fy, ns’kh efnjk ¼vuq0&14d½ vkSj Hkkjr esa cuh fons'kh efnjk ¼vuq0&2½ vkSj vU; lgorhZ vuqKfIr;ksa dh oS/krk vof/k 06 ebZ] 2020 ls ysdj 19 ebZ] 2021 rd gksxkA**A 7- mDr fu;eksa esa] fu;e 37 esa] mi fu;e ¼11½ esa] [k.M ¼d½ ds LFkku ij] fuEufyf[kr [k.M izfrLFkkfir fd;k tk;sxk rFkk 06 ebZ] 2020 ls izfrLFkkfir fd;k x;k le>k tk;sxk]] vFkkZr~%& ^^¼d½ iz:Ik vuq0&2] vuq0&10] vuq0&10d] vuq0&14 rFkk vuq0&14d esa vuqKfIr%& 'kgjh vkSj xzkeh.k nksuksa {ks=ksa esa 'kjkc ds [kqnjk nqdkuksa dh fcØh le; izkr% dky 07%00 cts ls lk;adky 07%00 cts rd gksxkA ykWdMkmu ds Ik’pkr~] vkcdkjh uhfr 2020&21 ds vuqlkj VkbZfeaxt ykxw gksxhA**A 'ks[kj fon~;kFkhZ] vkcdkjh rFkk djk/kku vk;qDr] gfj;k.kkA HARYANA GOVERNMENT EXCISE AND TAXATION DEPARTMENT Notification The 4th August, 2020 No. 66/X-1/P.A. 1/1914/S. 59/2020.— In exercise of the powers conferred by section 59 of the Punjab Excise Act, 1914 (Punjab Act 1 of 1914) and with reference to the Haryana Government, Excise and Taxation Department, notification No. 09/X-1/P.A.1/1914/S.9/2020, dated the 28th January, 2020, I, Shekhar Vidyarthi, Excise Commissioner, Haryana, exercising the powers of Financial Commissioner hereby make the following rules further to amend the Haryana Liquor License Rules, 1970, namely:-
1. These rules may be called the Haryana Liquor License (Second Amendment) Rules, 2020.
HARYANA GOVT. GAZ. (EXTRA.), AUG. 4, 2020 (SRVN. 13, 1942 SAKA) 1467
2. In the Haryana Liquor License Rules, 1970 (hereinafter called the said rules), in rule 24, in clause (i-eeee), for sub-clause (l), the following sub-clause shall be substituted and deemed to have been substituted with effect from 6th May, 2020, namely:- “(l) The successful applicant shall pay the license fee and additional license fee, if applicable, in eight monthly installments each equal to 10% of the license fee and additional license fee, if applicable. The first of the eight instalments shall be paid by the last working day of the month of allotment. The remaining seven instalments shall be paid by 20th of each month, starting from the month following the month of allotment, till all seven instalments are received. In case, the license is granted after the month of August, 2020, the 80% of the license fee shall be divided equally into monthly instalments in such a manner that the whole amount is received by the 20th March, 2021. The first of these instalments shall be paid by the last working day of the month of allotment and remaining monthly instalments shall be paid by 20th of each month following the month of allotment. The remaining part of the license fee shall be adjusted from the 25% security amount. The balance amount from security, if any, shall be refundable after adjusting any amount due towards licensee.
Interest shall be leviable for the period of delay in depositing the license fee in accordance with the provisions of retail licensees of Indian Made Foreign Liquor and Country Liquor.”.
3. In the said rules, in rule 24, in clause (i-g), for the existing proviso at the end, the following proviso shall be substituted and deemed to have been substituted with effect from 1st April, 2020, namely,- “Provided that in case the distillery/bottling plant/brewery, bottling a particular brand already registered with the Department, wants to register the same brand label from an additional source situated outside the State, it shall only be allowed by Excise and Taxation Commissioner, for a specified period, if he is satisfied that there is a shortage of supply of that particular brand in the State Market. Additional label fee shall be payable for each additional label in case liquor is obtained from more than one source. Any violation in time frame thus specified by Excise and Taxation Commissioner shall attract a penalty of Rs. 5.00 lakh for first officense, Rs. 15.00 lakh for second and third offence and cancellation of brand label & license of such brand owner for subsequent offence.”.
4. In the said rules, in rule 31-A, for the figure “410”, the figure “375” shall be substituted and deemed to have been substituted with effect from 1st April, 2020.
5. In the said rules, in rule 36-A-,
(i) for sub-rule (17), the following sub-rule shall be substituted and deemed to have been substituted with effect from 6th May, 2020, namely:- “(17) 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 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 entire basic quota of Country Liquor and Indian Made Foreign Liquor to his/ her Zone of vends as per the schedule below:- Period Quarter Basic Quota percentage Cumulative Quota 6th May, 2020 19th August, 2020 1st 25% 25% 20th August, 2020 19th November, 2020 2nd 20% 45% 20th November, 2020 19th February, 2021 3rd 30% 75% 20th February, 2021 19th May, 2021 4th 25% 100% The licensee shall have to lift 100% of the quota allocated to him as per the schedule described above.
Failure to lift prescribed quarterly quota shall attract short quota penalty. However, due to the prevailing circumstances, the prescribed quarterly quota penalty shall be relaxed to the following extent:- 1468 HARYANA GOVT. GAZ. (EXTRA.), AUG. 4, 2020 (SRVN. 13, 1942 SAKA) Quarter Minimum Quota to be lifted for exempting Quota Penalty Upto First 18% Upto Second 40% Upto Third 70% Upto Fourth 100% However, the licensee shall be given freedom to lift upto 25%, 45%, 75%, 100% of the fixed quota after respective quarters and beyond that the licensee shall be allowed to lift 50% of the fixed quota of respective quarters on payment of additional Excise Duty;
Non compliance of the provision regarding lifting of quarterly quota shall attract penalty at the rate of Rs.70/- and Rs.125/-per proof litre of Country Liquor and Indian Made Foreign Liquor respectively for the deficient quantity.”.
(ii) for sub-rule (19), the following sub-rule shall be substituted and deemed to have been substituted with effect from 1st April, 2020, namely:- “(19) No person to whom a license for retail liquor outlet 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 a recognized school/college/main bus stand and a place of worship. However, Excise Commissioner can relax such distance for the location of retail liquor outlet for 150 meters to 75 meters on the recommendations of Deputy Excise and Taxation Commissioner (Excise). Further, in urban areas, the retail liquor outlets shall be located in the market places. However, this provision shall not apply in such cases where a new recognized school/college/main bus stand or a place of worship comes up with a distance of 150 meters during the currency of the year subsequent to the establishment of vend in the year 2020-2021.”.
(iii) for sub-rule (25), (26) and (27), the following sub-rules shall be substituted and deemed to have been substituted with effect from 6th May, 2020, namely:- “(25) (i) Every successful allottee of retail Zone of vends shall be required to deposit a security amount equal to 20% of the annual license fee of the Zone of vends, out of which, 5% of the license fee shall be deposited on the day of evaluation of e-bids; 5% of the license fee within seven days of the allotment on or before 31st March, 2020 whichever is earlier; and further 5% of the license fee shall be deposited by 15th May, 2020 and final 5% of the license fee shall be deposited by 20th May, 2020 due to unforeseen outbreack of pandemic COVID-19;
(ii) In case of bids that exceed the reserve price by more than 25%, the bidder shall have to deposite an amount equal to 15% of his bid amount in addition to the amount applicable as per Earnest money deposite slabs. In case of successful bid, 15% of his bid money shall be deducted by the system and shall be deposited as 15% security;
(iii) The 83% of his bid money shall be payable by him in ten equal installments of 8.3% each, beginning June, 2020 payable by 15th of each month and every subsequent month. The payment shall continue till full amount of 83% is paid by the licensee by way of monthly installments. A part of his security, equal to 17% of his bid money, shall be adjusted at the end towards his license fee after the payment of installments amounting to 83% of his bid money. The adjustment shall be made over a period of last two months in two equal installments; each equal to 8.5 % of his bid money.
(26) (i) The first instalment of license fee of month June shall be payable in two parts, 5% by 5th June, 2020 and 3.3% by 15th June, 2020. All remaining monthly instalments of 8.3% shall be payable by 15th day of every month, last instalment being payable on 15th March, 2021;
(ii) If an allottee/ licensee fails to make the full payment of security in the prescribed time, his license shall be cancelled automatically and security deposited, if any, forfeited. In case of failure to adhere to the prescribed time for payment of any of the ten installments, interests on late payment shall be charged from the first day of the month of default till the date of payment @ 18% per annum;
(iii) The balance security equal to 3% of his bid money shall be refunded after adjusting any amount found outstanding or unpaid towards him by the 3rd June, 2021. This amount shall be refunded by the Deputy Excise and Taxation Commissioner (Excise) of the District. No interest of any kind shall be payable on the security amount;
HARYANA GOVT. GAZ. (EXTRA.), AUG. 4, 2020 (SRVN. 13, 1942 SAKA) 1469
(iv) In case any vend or vends of any zone are closed or are subsequently closed on account of falling under Covid Containment Zone, its license fee and quota shall be proportionately waived off in proportion of days of closure. For the purpose of computation of proportionate license fee and quota of a closed vend to be waived off, the license fee and quota of a zone shall be equally divided amongst both vends of the zone;
(v) In case both the vends in a particular retail Zone fall in a Covid Containment Zone, the licensee of such retail Zone shall be required to deposit remaining security amount on the day when the first vend of such retail Zone comes out of Covid Containment Zone. His remaining instalments shall be worked out accordingly by the Excise and Taxation Commissioner;
(vi) In case the Government decides to announce lockdown either in whole State or in certain pockets, resulting into closure of retail vends(s) in such cases, the license fee and the quota for such period shall be proportionately exempted by Excise and Taxation Commissioner, Haryana. Similarly, license fee and quota of vends falling in containment zone shall be waived off.”.
(27) (i) In case of Zone of vends which are allotted/re-allotted during the currency of the financial year between 6th May to 25th May, 2020, the security equal to 10% of bid money shall be deposited on the day of allotment and remaining security equal to 10% of bid money shall be deposited within seven days of the date of allotment of zone of vends. The remaining amount out of 83% of the license fee shall be realized in 10 equal instalments of 8.3% each, beginning June, 2020. However, the first instalment of license fee of month June shall be payable in two parts, 5% by 5th June, 2020 and 3.3% by 15th June, 2020. All remaining monthly instalments of 8.3 shall be payable by 15th day of every month, last instalment being payable on 15th March, 2021;
(ii) In case of Zone of vends which are allotted/re-allotted during the currency of the financial year between 26th May to 31st May, 2020, the security equal to 10% of bid money shall be deposited on the day of allotment and remaining security equal to 10% of bid money shall be deposited within seven days of the date of allotment of zone of vends. The remaining amount out of 83% of the license fee shall be equally divided in 10 instalments of 8.3% each payable by 15th day of each month, starting from 15th June and last instalment being payable on 15th March, 2021;
(iii) In case of Zone of vends which are allotted/re-allotted during the currency of the financial year after May, 2020, the security equal to 10% of bid money shall be deposited on the day of allotment and remaining security equal to 10% of bid money shall be deposited within seven days of the date of allotment of zone of vends. The license fee for the month in which the allotment/re-allotment is made shall be payable by the end of the month, in proportion to the remaining days of that month. The remaining amount out of 83% of the license fee shall be payable in equal monthly instalments payable on 15th day of each month, up to March,
2021. Thereafter, his security shall be adjusted as in case of other allotments;
(iv) In case the allotment or re-allotment takes place after February, 2021, the entire 83% of his bid money shall be recovered upto the last date of month in which it is allotted/re-allotted. The installment for the month of allotment/re-allotment shall be computed treating it as a full month;
(v) The date of payment for the month of allotment/re-allotment shall be 15th if allotment takes place before 15th or the last day of the month if allotment takes place on or after 15th.”.
6. In the said rules, for rule 36B, the following rule shall be substituted and deemed to have been substituted with effect from 6th May, 2020, namely:- “36B. In order to bring stability in the liquor trade due to Covid-19, the validity period of liquor vends of country Liquor (L-14A) and Indian Made Foreign Liquor (L-2) and other concomitant licenses shall be from 6th May,2020 to 19th May, 2021.
7. In the said rules, in rule 37, in sub-rule (11), for clause (a), the following clause shall be substituted and deemed to have been substituted with effect from 6th May, 2020, namely:- “(a) License in Form L-2, L-10, L-10A, L-14 and L-14A:- The sale hours of retail outlets of liquor shall be 07:00 A.M. to 07:00 P.M. in both Urban and Rural areas. Post lockdown, timings as per the Excise Policy 2020-21 shall apply.”.
SHEKHAR VIDYARTHI, Excise and Taxation Commissioner, Haryana.
8860—C.S.—H.G.P., Pkl.