( 733 ) NO. 73] CHANDIGARH, TUESDAY, JUNE 30, 2020 (ASADHA 9, 1942 SAKA) GOVERNMENT OF INDIA Chandigarh Administration Gazette Published by Authority This is Digitally Signed Gazette. To verify, visit :
https://egazette.chd.gov.in CHANDIGARH ADMINISTRATION EXCISE AND TAXATION DEPARTMENT Notification The 25th June, 2020 No. E & T/ETO(X)-2020/2516.—In exercise of the powers conferred by proviso to sub-section (3) of Section 58 of the Punjab Excise Act, 1914 (Punjab Act 1 of 1914) as applicable to Union Territory, Chandigarh, and all other powers enabling him in this behalf, the Administrator, Union Territory, Chandigarh, on being satisfied that the circumstances exist which render it necessary to take immediate action and on considering that the rules should be brought into force at once, hereby dispense with the condition of previous publication;
And Therefore, in exercise of the powers conferred by sub-section (3) of Section 58 of the Punjab Excise Act, 1914, as applicable to U.T., Chandigarh and all other powers enabling him in this behalf, the Administrator, Union Territory, Chandigarh is pleased to make the following Rules, to further amend the Punjab Liquor Licence Rules, 1956, as in force in the Union Territory, Chandigarh, without previous publications, namely :—
1. These Rules may be called the Punjab Liquor Licence (Chandigarh 3rd Amendment) Rules, 2020.
2. These Rules shall come into force with effect from 1st day of July, 2020, in respect of the procedure for the allotment of Liquor vends, Participation Fee, Earnest Money Deposit, Security Amount, Licence fee, Renewal of licences and Excise arrangements; and in respect of other matters.
3. In the Punjab Liquor Licence Rules, 1956, as in force in Union Territory of Chandigarh (hereinafter called the said Rules), in Rule 25, for the clauses, (i), (i)(a), (i)(b), (ii), (iii), (iv) including note (2) & (3), (v),
(v)(a) including note (3) & (4), (x), (xiii), the following shall be substituted, namely :— "(i) The licence fee for the licence issued in Form L-10B shall be Rs.15 lacs for the Excise Policy period 2020-21(01.07.2020 to 31.03.2021).
Sale of Imported Foreign Liquor, Imported Beer, Imported Wine, Indian Wine, and Ready to Drink Alcoholic Beverages upto 20 degree proof strength (except Indian Made Beer) will be allowed at Departmental Store having license in form L-10B. The L-10B licence may be granted to a Departmental Store having minimum annual turnover of taxable products other than liquor, amounting to Rs 1 Crore in the preceding year. For the grant of new license, it would be necessary for the departmental store to be in existence for the last two years.
Tasting Sessions will also be allowed in a Departmental Store, provided that the licensee erects a separate screened enclosure in the store for this purpose. The minimum quota of 734 CHD. ADMN. GAZ., JUNE 30, 2020 (ASAR 9, 1942 SAKA) This is Digitally Signed Gazette. To verify, visit :
https://egazette.chd.gov.in IFL to be lifted by a L-10 B licensee for the Excise Policy 2020-21 is fixed at 2250 PL. The licensee has to lift at least 33.33% of minimum basic quota of IFL by the end of each quarter and in the last quarter by 28.02.2021. Any excess lifting in a quarter can be adjusted in the subsequent quarter. In case of non-lifting of allotted quota on quarterly basis, the licensee shall be required to pay a penalty of Rs. 500/- per Bulk litre before seeking pass/permit for next quarter. No permit/pass will be issued to the concerned L-10B licensee till the payment of penalty on un-lifted quota. Further, the licensee can lift the un-lifted quota in the next quarter and by 10th of March, 2021 in case of 4th quarter. However, the penalty shall be in addition to the assessment fee (in case of IFL) on un-lifted quota. The penalty on un-lifted quota is neither refundable nor adjustable against any Govt. Dues. The L-10B licence will be non-transferable & non-shiftable. Departmental store should be of at least 1000 sq feet attached carpet area having a common entrance and having different segments of minimum of six categories of goods out of the following categories: (i) Grocery items (ii) Frozen foods, (iii) Sugary & Bakery items, (iv) Toiletries, (v) Cosmetics, (vi) House hold goods (vii) Toys, (viii) Sports items, (ix) Electronic appliances, (x) Apparels, (xi) Office- Stationery, (xii) Gift items, (xiii) any other goods. The licensee shall be allowed to store and sell liquor upto 25% of the carpet area of Departmental Store separately earmarked for the liquor. The closing time for L-10B licensees i.e. Departmental Stores will be governed as per the provisions contained in the Punjab Shops and Commercial Establishments Act, 1958 (as applicable in U.T., Chandigarh). Any violation of the terms and conditions of the licence shall lead to cancellation of the licence. All L-10B licensees will make adequate fire safety arrangements.
The Chandigarh Administration reserves the right to refuse to grant the new L-10B licence to a departmental store if the grant of new L-10B licence impacts the regular sale business of a nearby licencing unit.
(i) (a) Licences for retail vend of Beer, Wine and Ready to Drink Beverages in a Hotel (L-3A) or in Restaurant for consumption on the premises (L-4A) or in a Bar (L-5A) will be granted having licence fee of Rs 1,87,500 for the Excise Policy period 2020- 21(01.07.2020 to 31.03.2021).
The licence fee for licences issued in Form L-10A (Retail Vend of Draught Beer in a Restaurant) and L-10AA (Retail Vend of Wine for consumption on the premises) shall be Rs. 52,500/- and Rs. 30,000/- respectively for the Excise Policy Period 2020-21(01.07.2020 to 31.03.2021).
In order to shift people from hard liquor to liquor with low alcoholic content, a license in form L-10C may be granted for retail sale of beer to be manufactured by Microbrewery. The licence may also be granted independently on payment of License Fee of Rs. 4.5 Lac for the Excise Policy Period (01.07.2020 to 31.03.2021).
The Excise Duty shall be charged on the basis of its annual installed capacity of fermenting tanks @ Rs 30/- per BL annually and paid in equal quarterly installments and each installment will be paid by 15th of the start of the month of the each quarter failing which an interest @ 1.5% will be paid alongwith the duty.
Due to outbreak of coronavirus, the licence fee for the licence in form L-10C will be charged only after the commencement of the operations of microbrewery on pro-rata basis.
The licensee shall arrange to check the quality of raw materials used and the beer produced in the microbrewery by a chemist holding a degree in biochemistry/ specialization in the alcohol technology.
CHD. ADMN. GAZ., JUNE 30, 2020 (ASAR 9, 1942 SAKA) 735 This is Digitally Signed Gazette. To verify, visit :
https://egazette.chd.gov.in The beer produced in the Microbrewery shall be released for sale only after the said chemist certifies that such beer is fit for human consumption on daily basis.
Hotels and Restaurants will be allowed to apply the licence in form L-3/L-4/ L-5, L-3A/ L-4A/L-5A, L-10A, L-10AA before the commencement of their operations.
However the licence will be granted only after the commencement of the operations of Hotel/Restaurant. The holder of licence in form L-3/L-4/L-5, L3A/ 4A/5A shall be eligible to apply for the grant of L-10C (Micro-Brewery) licence only after 15 days from the grant of licence in form L-3/L-4/L-5, L-3A/4A/5A. It will be mandatory for the licensees to provide the facility of alcometer to the consumers for voluntary assessment of alcohol level at the Bar Licence premises of the hotels/ restaurants serving alcohol and a signage at the proper place mentioning clearly the permissible limits of consumption of alcohol as per relevant laws and also mentioning thereof "Be Safe-Don't Drink and Drive?.
Bar Licences to be allowed to have an additional bar in the establishment on payment of 50% of the license fee of the bar and an additional place to serve liquor from the bar on payment of 10% of the license fee of the bar.
Due to outbreak of coronavirus, the licence fee for the licences in form L-3/L-4/ L-5, L-3A/ L-4A/L-5A, L-10A & L-10AA will be charged only after the commencement of the operations of Hotel/Restaurant etc. on pro-rata basis.
The bar timings for the purpose of sale, service and consumption will be 11:00 AM to 01:00 AM (past mid-night) throughout the Excise Policy Period 2020-21, except on dry-days and the last order for liquor will not be booked after midnight i.e.
12 O'clock. Five Star or above category Hotels are allowed to serve liquor round the clock to promote tourism. After allowing this facility, the licence fee for Excise Policy Period 2020-21 (01.07.2020 to 31.03.2021) of these hotels will be of Rs. 11.25 lacs. Due to outbreak of coronavirus, all the excise licensees will comply with the directions given with regard to working hours/ time schedule for opening & closing of establishments etc. announced by the Ministry of Home Affairs, Govt. of India and State Disaster Management Authority, U.T., Chandigarh from time to time to contain the spread of Covid-19 and no compensation of any type whatsoever in licence fee will be given to the licensees on account of reduction in working hours.
Being L-3 Licence holder, the Facility of Mini Bar for the occupants in all the rooms of the 5 Star Hotel & above will also be covered in this licence fee.
5 star and above category hotels having L-3, L-4 and L-5 licences will be allowed to procure their requirements of Imported liquor (BIO Brands) also from authorized sources outside U.T. Chandigarh on payment of the label registration fee and all the excise levies applicable to L-1F/L-1DF and L-3/L-4/L-5 licensees.
(i)(b) The licence fee for licences issued in Form L1-C1 (Wholesale Licence of Ready to Drink Beverages) and L-1DF (Wholesale Licence of Imported Wine) shall be Rs. 67,500/- and Rs. 37,500/- respectively for the Excise Policy period 2020-21(01.07.2020 to 31.03.2021).
Licence for whole sale of Imported Wine (L-1DF) will be granted to only those companies/firms/persons who are holding a custom approved Bonded Ware House licence in U.T., Chandigarh.
Import Permits in form L-32 to L-1DF will only be granted for their declared operational Custom Approved Bonded Warehouse licenced premises in U.T., Chandigarh. The L-1DF Licensee will be required to submit a monthly report 736 CHD. ADMN. GAZ., JUNE 30, 2020 (ASAR 9, 1942 SAKA) This is Digitally Signed Gazette. To verify, visit :
https://egazette.chd.gov.in showing pass/permit as well as brand-wise detail of receipts and dispatches made from their Custom Approved Bonded Warehouse/s by 7th of every month, failing which, no permit/pass will be issued to the L-1DF licensee till the submission of the report.
Export/Transfer of stock of Liquor/Beer/Wine etc. either within U.T. Chandigarh or to other States from Custom Approved Bonded Warehouse/s existing in U.T.
Chandigarh will only be made after obtaining necessary pass from the Concerned Excise Officer of U.T. Chandigarh.
The licensee will make adequate fire safety arrangements.
(ii) The licence fee for a licence issued in form L-1B (Wholesale licence of Indian Made Foreign Liquor) shall be Rs. 4,87,500/- for the Excise Policy period 2020-21(01.07.2020 to 31.03.2021) as fixed fee plus Rs. 3/- per proof litre as extra licence fee (which is to be paid at the time of grant of import permit).
(iii) The licence fee for a licence issued in form L-1C (Wholesale licence of Indian Beer) shall be Rs.1,35,000/- for the Excise Policy period 2020-21 (01.07.2020 to 31.03.2021) as fixed fee plus Rs. 2/- per Bulk Litre as extra licence fee (which is to be paid at the time of grant of import permit).
(iv) The licence fee for a licence issued in form L-1D (Wholesale licence of Indian Wine) shall be Rs. 11,250/- as fixed fee for the Excise Policy period 2020-21 (01.07.2020 to 31.03.2021).
Note.—(2) Permit Fee for the Excise Policy period 2020-21 (01.07.2020 to
31.03.2021) will be charged on permits issued as under:- Type of licence Permit Fee L-1B (Wholesale of Indian Made Foreign Liquor) Rs.5 per PL L-1C (Wholesale of Indian Beer) (Light Beer ) Rs.5 per BL L-1C (Wholesale of Indian Beer) (Strong Beer) Rs.5 per BL L1-C1 (Wholesale of Ready-to-Drink Beverages) Rs.5 per BL L-1D (Wholesale of Indian Wine) Rs.3 per BL L-1DF (Wholesale of Imported Wine) Rs.4 per BL L-1F (Wholesale of Imported Foreign Liquor and Rs.5 per PL Imported Beer) (IFL) L-1F (Wholesale of Imported Foreign Liquor and Rs.5 per BL Imported Beer) (IB) (L-9) IMFL, IFL, RUM Rs.5 per PL (L-9) Beer, Wine, RTD, Cider etc. Rs.5 per BL Note.—(3) Revalidation fee will be charged @Rs. 20/- per bulk litre on all type of permits, whose validity has expired.
(v) The licence fee for a licence issued in form L-13 (wholesale of Country Liquor) shall be Rs. 4,50,000/- as fixed fee for the Excise Policy period 2020-21(01.07.2020 to 31.03.2021).
CHD. ADMN. GAZ., JUNE 30, 2020 (ASAR 9, 1942 SAKA) 737 This is Digitally Signed Gazette. To verify, visit :
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(v)(a) The licence fee for a licence issued in form L-1F (Wholesale licence of Imported Foreign Liquor & Imported Beer) shall be Rs. 18,75,000/- as fixed fee for the Excise Policy Period 2020-21 (01.07.2020 to 31.03.2021) plus Rs. 2/- per bulk litre on Imported Beer as Extra Licence Fee (which is to be paid at the time of grant of import permit). Licence for whole sale of Imported Foreign Liquor and Beer (L-1F) will be granted to only those companies/firms/persons who are holding a custom approved Bonded Ware House licence in U.T., Chandigarh.
The L-1F licensee will be required to submit Authorization letter from the liquor companies i.e. brand owning companies at the time of submission of labels for approval. Further, in case more than five L-1F licensees submit authorization letters from a same brand owning company for the same brand, it will be treated as invalid. Precisely, the brand owning company is authorized to give authorization letters to the L-1F Licensees upto five only.
Import Permits in form L-32 to L-1F licensees will only be granted or their declared operational Custom Approved Bonded Warehouse licenced premises in U.T., Chandigarh. The L-1F licensee will be required to submit a monthly report showing pass/permit as well as brand-wise detail of receipts and dispatches made from their Custom Approved Bonded Warehouse/s by 7th of every month, failing which, no permit/pass will be issued to the L-1F licensee till the submission of the report.
Export/Transfer of stock of Liquor/Beer/Wine etc. either within U.T.
Chandigarh or to other States from Custom Approved Bonded Warehouse/s existing in U.T. Chandigarh will only be made after obtaining necessary pass from the Concerned Excise Officer of U.T. Chandigarh.
The licensee will make adequate fire safety arrangements.
Note.—(3) For immediate supply of popular brands of Indian Made Foreign Liquor and Beer etc.
after implementation for the excise policy 2020-21 (01.07.2020 to 31.03.2021), the Wholesale Companies will be allowed to supply their brands, which were approved during the last year?s Excise Policy 2019-20, subject to the payment of requisite brand/label registration fee along-with an undertaking in the form of an Affidavit that there is no change in the label of the brand as well as in Ex-Distillery/Brewery/Winery price of that brand and a sample of labels of bottle in question of the respective brand. In case there is any change in the Minimum Retail sale Price of a brand, the Wholesale supplier will affix a sticker of New Minimum retail sale price as prescribed in the Excise Policy, 2020-21 (01.07.2020 to 31.03.2021) and the earlier given approval will be renewed for the excise policy 2020-21 (01.07.2020 to 31.03.2021). The prohibition will be that there is no change in the size, color, printing etc. of the labels.
The Wholesale suppliers will have to ensure the compliance of statutory guidelines of the FSSAI on the bottles.
Each wholesale licensee will have to pay the label registration fee in respect of each brand he desires to market in UT Chandigarh. The Wholesale licensees will be required to maintain a reasonable price line. Whole-sellers have to submit Ex-Distillery Price (EDP) at the time of submission of labels for approval of brands. The EDP in case of IMFL can be approved upto 2% increase, keeping in view the last year rate of EDP in Chandigarh and neighboring States. However, this increase in EDP will not be applicable in case of IFL.
In case of any unreasonable difference in EDP rates prevalent in neighboring States, the department shall be at liberty not to register or deregister the brand in Union Territory of Chandigarh.
738 CHD. ADMN. GAZ., JUNE 30, 2020 (ASAR 9, 1942 SAKA) This is Digitally Signed Gazette. To verify, visit :
https://egazette.chd.gov.in Note.—(4) Ex- distillery price of Country Liquor.—The Ex-distillery price of Country Liquor for the Excise Policy Period 2020-21 (01.07.2020 to 30.03.2021) are fixed as under :— (Amount in Rs.)
Type of Pet Bottles Glass Bottles Liquor Quarts Pints Nips Quarts Pints Nips (In Case) (In Case) (In Case) (In Case) (In Case) (In Case) 50o 377 405 463 393 418 484 60o 429 458 515 439 473 528 Excise Levies & Taxes will be charged separately. To ensure quality of pet bottles FSSAI standards will be enforced.
Distilleries/bottling plants will have to submit their willingness in writing before 25th June, 2020 in the office of Excise & Taxation Department, U.T., Chandigarh with regard to above selling price of country liquor 50 degree and 60 degree proof to the retail licensees i.e. L-2/L-14A licensees. After approval by the Excise and Taxation Commissioner-cum-Financial Commissioner, the basic quota of country liquor will be distributed equally among all the approved distilleries/ bottling plants and only than the distilleries/ bottling plants will be allowed to sell their products in U.T. Chandigarh.
(x) The licence fee for licences issued in form L-11 (Bottling of Foreign Liquor) and L-15 (Bottling of Country Spirit) shall be Rs. 3 lacs & Rs. 60,000/- respectively as fixed fee for the Excise Policy period 2020-21 (01.07.2020 to 31.03.2021).
Note.—Franchisee Fees of Rs 3/- per PL shall be charged on bottling on franchise basis of brands of IMFL and Beer meant for export as well as for local consumption.
(xiii) The licence fee for licence issued in form L-12A (Temporary licence for retail vend of foreign liquor at a place of entertainment) shall be Rs. 15,000/- per day.
The licence fee for licence issued in form L-12C (Licence for retail vend of foreign liquor at a club) for the Excise Policy period 2020-21 (01.07.2020 to 31.03.2021) shall be as under :— FOR CLUBS UPTO 1500 MEMBERS Rs 2,25,000/- FOR CLUBS FROM 1501 TO 2500 MEMBERS Rs 4,50,000/- FOR CLUBS FROM 2501 TO 3500 MEMBERS Rs 8,62,500/- FOR CLUBS MORE THAN 3500 Rs 17,25,000/- * Member means and include all temporary and honorary members."
4. In the said Rules, in Rule 25, for the Clause (xiii)(a), the following shall be substituted, namely :— "(xiii)(a) A Licence in Form L-12AA (TEMPORARY LICENCE FOR RETAIL VEND OF FOREIGN LIQUOR, BEER & WINE AT A HOTEL/RESTAURANT) may be granted by the Collector (Excise) to the prospective bar licensee after duly examining the merits of the case & on payment of Rs. 15,000/- per day. The L-12AA licence will be granted maximum for 10 days in a month and only till the regular bar licence is granted."
CHD. ADMN. GAZ., JUNE 30, 2020 (ASAR 9, 1942 SAKA) 739 This is Digitally Signed Gazette. To verify, visit :
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5. In the said Rules, in Rule 25, for the Clause (xvi), the following shall be substituted, namely :— "(xvi) The licence fee for the licences issued in form L-5D (licence for serving of liquor in functions organized in Banquet Halls/ Marriage Palaces/ except Chandigarh Municipal Corporation Community Centres etc.) shall be Rs 37,500/- for the Excise Policy Period (01.07.2020 to 31.03.2021)."
6. In the said Rules, in Rule 25, for the Clause (xvi)(a), the following shall be substituted, namely :— "(xvi)(a) In the Excise Policy 2020-21 (01.07.2020 to 31.03.2021), a licence in Form L-2D (Retail vend of Imported Wine, Indian Wine & Imported Beer for consumption off the premises) will continue with addition of RTD. The Collector (Excise) may grant the L-2D licence on payment of licence fee of Rs. 1.5 lac for the Excise Policy period 2020-21 (01.07.2020 to
31.03.2021), to the following :— I. Shop/establishment registered under the Goods and Service Tax Act, 2017/ Punjab VAT Act, 2005 and The Punjab Shops and Commercial Establishments Act, 1958 in U.T. Chandigarh in an approved commercial market, Petrol Pumps or shop or in a mall having minimum covered area of 300 sq. ft.
II. Commercial establishments running with the following business and having minimum turnover of Rs. 50 lacs (Under the Goods & Service Tax Act, 2017 or under the Punjab VAT Act, 2005 (as applicable to U.T. Chandigarh) during the year 2019-20 :—
(a) Establishments for the retail sale of petrol and petroleum products used for transport.
(b) Establishments for the retail sale of confectionery/Bakery items.
(c) Departmental Stores.
The L-2D licence shall be granted, subject to the following conditions :—
1. There should be a Separate area exclusively for sale/storage display of alcoholic products.
2. Systematic layout of alcoholic products in shelves which can be accessed by the walk-in consumers.
3. The premises should be air-conditioned with quality flooring i.e. wooden/vitrified tiles/granite, etc.
4. Computerized system of issuing cash memos should be available at the premises."
7. In the said Rules, in Rule 27, for clause (4), the following shall be substituted, namely :— "(4) Procedure for grant of retail sale licences of Country Liquor (L-14A) & Indian Made Foreign Liquor (L-2) :— (A) Mode of Grant of Retail Sale Country Liquor (L-14A) & Retail sale Indian Made Foreign Liquor (L-2) Licences :— The following procedure will be adopted for grant of retail sale country liquor (L-14A) & retail sale foreign liquor (L-2) licences :—
(i) Retail sale vends shall be allotted in the form of licensing units. Each licensing unit will comprise of Country Liquor and Indian Made Foreign Liquor including Imported Foreign Liquor under one roof.
740 CHD. ADMN. GAZ., JUNE 30, 2020 (ASAR 9, 1942 SAKA) This is Digitally Signed Gazette. To verify, visit :
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(ii) Mode of Allotment.—The allotment of vends shall be made by inviting e-tenders through Chandigarh Administration e-tender portal i.e. https://etenders.chd.nic.in in a completely secure and transparent manner. The detailed procedure for e-tendering shall be finalized by the Excise & Taxation Commissioner-cum-Financial Commissioner which shall be displayed by uploading the same on the official website of the Department i.e. www.etdut.gov.in/exciseonline. It shall be the responsibility of the vendor to arrange suitable premises to operate the liquor vend. A bidder can apply for any number of licensing units separately. However not more than one bid can be submitted by a company/firm/person for one particular licensing unit. To curb the menace of cartelization and monopolistic practices, a single person/entity will be entitled to allotment upto a maximum of 10 vends only. Further, after first attempt, if deemed fit, the Department may go for any number of rounds of e-tenders for allotment of un-allotted licensing units. Moreover, after the completion of all rounds of tenders, the quota of un-allotted licensing unit/s (if any) will be distributed equitably among the allotted licensing units for the Excise Policy Period 2020-21(01.07.2020 to 31.03.2021).
(iii) The complete details of all the licensing units along with vend codes, number of licensing units, respective localities/sectors, Reserve Price, Quota, etc. will be specified in the Excise Policy for the particular period. The e-tenders of the aforesaid units will be got advertised/ published after getting it approved from Excise & Taxation Commissioner-cum-Financial Commissioner, U.T., Chandigarh.
(iv) The licences will be granted at the locations notified in the Excise Policy. These licences will be granted in SCO/SCF/Shop/Booth, etc. in sectors, Industrial Areas, NAC, Rehabilitation colonies. The Department will not be responsible for providing space for opening of liquor vends. Further as per guidelines of the Apex Court, the sale of liquor shall be permitted only through licensed liquor vends which shall not be located within motorable or walking distance of 500 meters from the outer range of the National or State Highway or by a service lane along such highway and such liquor vends shall neither be directly visible nor accessible from such National or State Highway {Provided that the above restrictions shall not apply to the licensed liquor vends located within the limits of Municipal areas}.
In case, a successful bidder fails to arrange suitable/eligible premises within 30 days from the date of allotment, the 15% of bid money paid by him as security will be forfeited and the e-bids will be invited again for the said licence after re-fixing the reserve price for the remainder period of the licence. Liability of a bidder in such case will be limited upto 15% of bid money. Further the liquor vends can be opened by the licensee at the premises/ pucca structure/ shops owned by the Chandigarh Administration in the respective areas as mentioned in the Excise Policy Period 2020- 21(01.07.2020 to 31.03.2021), with the approval of the Competent Authority. The rents thereof as decided by the concerned Competent Authority shall be paid by the licensee to the Department.
CHD. ADMN. GAZ., JUNE 30, 2020 (ASAR 9, 1942 SAKA) 741 This is Digitally Signed Gazette. To verify, visit :
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(v) Participation Fee of Rs.3,50,000/- (non-refundable/non-adjustable) Inclusive of GST (if any) and Earnest Money deposit (EMD) for the Excise Policy period shall be submitted by the tenderer online. The earnest money deposit shall be submitted by the tenderer as follows :— SR. RESERVE PRICE OF LICENSING UNIT EARNEST MONEY DEPOSIT (EMD) NO.
1. Rs (1,00,00,001- 2,00,00,000) Rs 15,00,000/-
2. Rs (2,00,00,001- 3,00,00,000) Rs 22,00,000/-
3. Rs (3,00,00,001- 4,00,00,000) Rs 30,00,000/-
4. Rs (4,00,00,001- 5,00,00,000) Rs 37,00,000/-
5. Rs (5,00,00,001 and above) Rs 45,00,000/-
(vi) While submitting e-bid, the bidder will be required to submit online documents i.e.
Photograph, age proof, residence proof, proof of identity, copy of PAN of self or of all partners, copy of Aadhaar Card of self or of all partners, partnership deed of a partnership firm and eligibility affidavit under order 7 of Punjab Intoxicants Licence and Sales Orders, 1956 (as applicable to U.T. Chandigarh) of self or of all partners.
(vii) In case of companies, while submitting the e-bid, the company will be required to submit online documents i.e. Photograph, age proof, residence proof, proof of identity of authorized person & all the Directors, Registration Certificate issued by the Registrar of Companies under the Companies Act, 1956, a copy of PAN Card in the name of company as well as of authorized person and all the Directors, list of Board of Directors, Director Identification Number (DIN), copy of Aadhaar Card of authorized person & all the Directors, a resolution passed by the Board of Directors authorizing any person to apply on behalf of the company and eligibility affidavit under order 7 of Punjab Intoxicants Licence and Sales Orders, 1956 (as applicable to U.T.
Chandigarh) of authorized person & all the Directors.
(viii) In case of Individual/Partnership Firm, the successful bidder has to submit a Solvency Certificate duly attested by "Tehsildar" equivalent to the 20% of the amount of bid money within 15 days from the date of allotment.
(ix) In case of non-submission of e-bid, the participation fee submitted by the bidder will stand forfeited.
(x) The Excise and Taxation Commissioner-cum-Financial Commissioner will be the competent authority for approving any additional clause in terms and conditions of etender or procedure to be adopted for finalizing the tenders.
(xi) The process of allotment shall be conducted by a committee comprising of Collector (Excise), Sub-Divisional Magistrate and Asstt. Excise and Taxation Commissioner.
The Chandigarh Administration shall appoint Senior Officer from the Administration, as observer, who will supervise the proceedings
(xii) The whole process of allotment shall be video graphed.
(xiii) The allotment shall take place at duly publicized venue on the date and time to be fixed by Excise and Taxation Commissioner, U.T. Chandigarh.
742 CHD. ADMN. GAZ., JUNE 30, 2020 (ASAR 9, 1942 SAKA) This is Digitally Signed Gazette. To verify, visit :
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(xiv) Online Acknowledgment Slip generated by the system will be the pass for the entry to the venue of allotment. If any person commits misconduct at the venue, he/she shall be debarred from participating in the proceedings and his/her earnest money will be liable to be forfeited.
(xv) Verification of particulars would be made in respect of the successful allottees before the license is actually granted. The verification of documents furnished by the successful allottee shall be made by the Excise Inspector of the respective circle.
(xvi) The list of successful allottees shall also be displayed at a conspicuous place in the office of the AETC.
(xvii) The licence will be allotted to the highest eligible tenderer (offering highest bid), quoting bid equal to or above the reserve price for a particular licensing unit. In case, more than one bid quoting the same highest price are received, the successful tenderer/ bidder will be determined by a draw of lots amongst the tenderers quoting the same highest amount. In case, there is no bid or no eligible bid equal to or above the reserve price, the bids will be invited again.
(xviii) The licences shall be granted by the Collector (Excise) after the approval of the Excise and Taxation Commissioner, U.T. Chandigarh.
(xix) All licences, whether for wholesale or for retail sale, shall be granted subject to the provisions of the Punjab Excise Act, 1914 and the Rules/ Regulations/ Instructions/ Policies framed there under from time to time as applicable to U.T., Chandigarh and all other instructions / orders/ circulars issued by the Excise & Taxation Commissionercum-Financial Commissioner, U.T. Chandigarh from time to time. No whole sale liquor licence shall be granted/ renewed in a residential area.
In order to promote "Swach Bharat Abhiyan", the retail licensees shall maintain cleanliness and hygiene in and around the shop. Adequate number of dustbins shall be placed inside and outside the vend. Non-compliance of this provision will attract a penalty of Rs. 10,000/- for the first time and subsequent non-compliance, a penalty of Rs. 20,000/- shall be imposed by the Collector. The Retail Sale licensees will make adequate fire safety arrangements.
In addition, the licensee shall display the sale price of popular brands.
(xx) No interest will be payable on the earnest amount.
(xxi) The successful bidder will be required to deposit a security amount equal to 15% of total bid amount from the date of allotment. The security money equal to 10% of bid money will be payable in the Govt. Treasury or in the form of Demand Draft (adjustable against license fee) within seven days from the date of allotment and rest of the security money equal to 5% of bid money in the form of Bank Guarantee (non-adjustable in the license fee but refundable subject to clearance of all dues) will be payable by the 7th of July 2020 and in case, the allotment of retail sale licensing unit is done after 30th of June 2020, the security money equal to 10% of bid money along-with 5% of Bid Money in the form of Bank Guarantee will be payable within seven days from the date of allotment. The earnest money paid with the application/tender document will be adjustable in the security money. If the successful bidder fails to comply with the aforesaid condition of payment of security equivalent to 10% of bid money in the prescribed period, the earnest money shall stand forfeited. In such a case, the liability of the highest tenderer will be limited only to the extent of earnest money tendered by him with the tender document but, however, any other allotment in which he is a CHD. ADMN. GAZ., JUNE 30, 2020 (ASAR 9, 1942 SAKA) 743 This is Digitally Signed Gazette. To verify, visit :
https://egazette.chd.gov.in stake holder shall also be cancelled and the respective deposits made in the form of earnest money or security shall be forfeited and he will not be allowed to participate as a stake holder in any of future allotments during the Excise Policy Period 2020-21 (01.07.2020 to 31.03.2021).
(xxii) In case, highest bidder either surrenders or fails to deposit the first installment of licence fee in stipulated period, his/her earnest money will be forfeited and the second highest bidder will be considered as successful bidder for allotment of the licensing unit provided the second bid is at least equal to the Highest bid minus the forfeited earnest money. On the same principle offer will be extended to 3rd bidder.
However, in case third bidder fails or his bid does not fit into above principle again etendering will be done. The reserve price for the unsold licensing units will be fixed by committee comprising of Excise and Taxation Commissioner as Chairman, Addl. ETC and AETC as its members. The decision will further be approved by Finance Secretary.
(xxiii) In case any situation arises, where re-allotment of a licence is required, the reserve price will be fixed by computing it from the original license fee for the remainder period or the balance license fee as may be decided by the Department. In case no bid is received at this reserve price, the procedure prescribed for un-allotted licenses will be followed for allotment of that license. The re-allotment will be done at the risk and cost of original allottee. In case of any deficiency in the revenue, the balance/deficient amount will be recoverable from the original allottee as arrears of land revenue but in case a higher bid is received, no benefit will be given to the original allottee.
(xxiv) Every successful allottee shall be required to furnish surety bond in Form M-75 with two sureties before the commencement of business.
(xxv) The successful allottee would have the option to get his/her allotment of licensing unit transferred before or after the grant of license. However, such transfer shall be on the basis of following terms & conditions :—
(i) The successful allottee/ original licensee shall be required to deposit 1% of the license fee of the licensing unit as transfer fee.
(ii) The successful allottee/ original licensee should not be a defaulter of revenue at the time of transfer of license.
(iii) Only one transfer will be allowed during the currency of the year.
(iv) Before transfer of the licence of licensing unit, the prospective licensee shall submit all the required documents prescribed under the Excise Policy/Act/ Rules as applicable to U.T, Chandigarh.
(v) The request made by the successful allottee/original licensee for the transfer of licence shall be subject to confirmation/approval by the Collector.
(B) Payment of Licence Fee in Installments: - After adjusting the amount of security money equal to 10% of bid money deposited in the form of security against license fee, the licensee will be required to pay the remaining license fee in seven installments i.e. first six installments of 13% of the total bid amount and last installment of 12% of the total bid amount. In case of late payment of any installment an interest @1.5% per month to be calculated on daily basis shall be charged. The license shall be deemed to have been suspended and the licensing unit will be closed if the entire license fee of the month is not paid by 15th day of the next month. The licensee shall have to pay the balance installment along with interest to get his license operational.
The balance security money equal to 5% of bid money furnished in the form of Bank Guarantee shall be refunded after clearance of all the dues, if any, pending towards the licensee.
744 CHD. ADMN. GAZ., JUNE 30, 2020 (ASAR 9, 1942 SAKA) This is Digitally Signed Gazette. To verify, visit :
https://egazette.chd.gov.in If some liquor vends are not allowed to open during the Excise Policy Period 2020-21(01.07.2020 to
31.03.2021), because of vends falling in containment zone or lockdowns are announced by the Govt.
of India/ Chandigarh Administration, in such cases, proportionate reduction in licence fee and quota will be given.
(C) Quota of Liquor.—The total basic quota to be allotted will comprise of 75 Lac Proof Litre of Indian Made Foreign Liquor (IMFL) and 7.5 Lac Proof Litre of Country Liquor (CL) and 2.475 Lac Proof Litre of Imported Foreign Liquor (Bio Brands i.e. Whisky).The following conditions shall be applicable to the licensees (L2 & L14A) in respect of quota of liquor :—
(i) Total Basic Quota of Indian Made Foreign Liquor, Imported Foreign Liquor (Bio Brands i.e.
Whisky) & Country Liquor of the licensing units mainly will be in proportion to the Reserve Price of the licensing unit. However, keeping in view the less demand of Imported Foreign Liquor in village shops and the Country Liquor in main city Shops, the basic quota of the Imported Foreign Liquor (Bio Brands i.e. Whisky) and Country Liquor of 14 vends are suitably rationalized as per Annexure "B? of the Excise Policy Period 2020-21(01.04.2020 to
31.03.2021). Further it is hereby clarified that 14 liquor vends which have been identified as City Shops on the basis of sale of IFL(Bio Brands i.e. Whisky) and Country Liquor, where the quota of IFL (Bio Brands i.e. Whisky) & Country Liquor have been rationalized, are vend code nos. 1, 3, 4, 5, 6, 9, 19, 20, 21, 30, 36, 43, 44 & 68. Similarly 14 liquor vends which have been identified as Village Shops on the basis of sale of IFL (Bio Brands i.e. Whisky) & Country Liquor, where the Quota of IFL(Bio Brands i.e. Whisky) & Country Liquor have been rationalized, are vend code nos. 52, 54, 55, 71, 82, 83, 84, 87, 88, 89, 91, 92, 93 & 94.
(ii) Change of quota.—The licensee can convert 10% of his basic quota of Imported Foreign Liquor (Bio Brands i.e. Whisky) into Indian Made Foreign Liquor and can also convert 10% of his basic quota of Country Liquor into Indian Made Foreign Liquor. However, this option of conversion of Country Liquor into IMFL may be exercised only in respect of owned registered brands of IMFL of Local Manufacturing/ Bottling Plants. But there will be no conversion of Indian Made Foreign Liquor which is fixed vend wise. Levies shall be payable as applicable according to the kind of liquor to be lifted.
(iii) Each licensing unit licensee shall be required to lift the basic allotted quota of IFL, IMFL and country liquor fixed for his licensing unit, as per the below given schedule :— Sr. Period Quota to be lifted No.
1 01.07.2020 to 30.09.2020 Min 30 % of the total allotted quota of each of IFL, (IInd Quarter) IMFL and country liquor 2 upto 31.12.2020 (IIIrd Quarter) Min 70% of the total allotted quota of each of IFL, IMFL and country liquor 3 upto 28.2.2021 100% of the total allotted quota of each of IFL, IMFL and country liquor In case of non-lifting of allotted quota on quarterly basis, the licensee has to pay a penalty of Rs. 60/- per proof litre on country liquor and Rs. 125 per proof litre on IMFL and Rs. 500/- per proof litre on IFL(Bio Brands i.e. Whisky) before seeking pass/permit for next quarter. In case the quota shortfall of a quarter is made up in subsequent next quarter, penalty so recovered shall be adjusted against payable Govt. Dues, but the penalty amount paid for non-lifting of quota in the 4th quarter, will not be adjusted against payable Govt. dues being last quarter of the year. No permit/pass will be issued to the concerned L-2/L-14A licensee till the payment of penalty on un-lifted quota.
CHD. ADMN. GAZ., JUNE 30, 2020 (ASAR 9, 1942 SAKA) 745 This is Digitally Signed Gazette. To verify, visit :
https://egazette.chd.gov.in The licensee can lift the un-lifted quota of previous quarter in next quarter and by 10th of March, 2021 in case of 4th quarter after the payment of penalty on un-lifted quota. The penalty shall be in addition to the assessment fee (in case of IMFL) on un-lifted quota and shall neither be refundable.
(iv) Each licensing unit licensee will have an option to lift an additional quota, upto maximum of 50% of the basic Quota of the Excise Policy Period 2020-21(01.07.2020 to 31.03.2021) on payment of additional amount of license fee, equal to Tendered License Fee divided by Total Basic Quota of IMFL, IFL and Country Liquor allotted for the Excise Policy Period 2020- 21(01.07.2020 to 31.03.2021) multiplied by Additional Quota demanded. Other levies shall be payable as applicable according to the kind of liquor to be lifted. In this additional quota, he will have the option of lifting of IMFL, IFL or Country liquor irrespective of the kind of liquor of his basic quota.
(v) Stock Transfer Fee:- An outgoing licensee will be allowed to transfer the left over stock of IMFL, IFL, Beer, Wine, Ready-to-Drink Beverages etc. at the end of the term to an incoming licensee (in accordance with the provisions of Punjab Liquor Licence Rules, 1956 as applicable to UT, Chandigarh) on payment of stock transfer fee @ Rs.5/- per Proof Litre on Country Liquor, Rs. 10/- per proof litre on IMFL/IFL and Rs.5/- per Bulk Litre on Beer, Wine, RTD, Champagne, Cider, etc. However, this quota shall not exceed two month's basic quota of an incoming licensee of Excise Policy Period 2020-21 (01.07.2020 to 31.03.2021) and this quota will be in addition to the quota fixed for that licensing unit for the period of tender. Further any difference in the rate of extra license fee/excise duty and Assessment fee over the last year's Extra License Fee and Assessment fee on left over liquor will be recoverable as fee from the incoming licensee. The lifting of Beer by a licensing unit will not be a part of above said quota fixed for the licensing unit. Similarly, wines, champagne, cider, ready to drink beverages, liqueurs, etc. will not be a part of above said quota fixed for the licensing unit."
8. In the said Rules, in Rule, 27, in Sub-Rule 4(A), for clause (xi), the following shall be substituted, namely :— "No liquor vend shall be permitted to be opened near (not less than 50-meters from) main gate of any place of worship and School/ Colleges. The distance shall be measured from the main entrance of the liquor vend. However, this provision will not apply in such cases where a new school/ College or a place of worship comes up within a distance of 50 meters during the currency of the year subsequent to the establishment of vend in Excise Policy Period 2020- 21(01.07.2020 to 31.03.2021).
The Administration/Department reserves the right to refuse permission for a particular location for the reasons of public morality, public health and public order."
9. In the said Rules, in Rule 30, for clause (i) (a), the following shall be substituted, namely :— "(i)(a) The licence fee for a licence issued in form L -3, L-4 & L-5 shall be Rs. 11.25 lacs in case of 5 Star & above category, Rs. 9.75 Lacs in case of 4 Star Category and Rs. 6.75 lacs in case of 3 Star & below Category and licence fee for a licence issued in form L-4 & L-5 shall be Rs. 6 lacs for the Excise Period 2020-21(01.07.2020 to 31.03.2021)."
746 CHD. ADMN. GAZ., JUNE 30, 2020 (ASAR 9, 1942 SAKA) This is Digitally Signed Gazette. To verify, visit :
https://egazette.chd.gov.in
10. In the said Rules, in Rule 31, the following shall be substituted, namely :— "31. The assessment fee will be levied/charged at the rates mentioned in the following table :— Table Showing Assessment Fee S. Type of licence Type of Liquor Rates of Assessment Fee No.
1. L-2 /L-14A Indian Made Foreign Liquor, Imported Rs. 12/- per Bulk Litre Foreign Liquor & Beer
2. L-2D Indian Wine, Imported Wine & Imported Rs. 35/- per Bulk Litre Beer (Beer) Rs. 20/- per Bulk Litre (Wine)
3. L-3, L-4, L-5 Indian Made Foreign Liquor, Imported Rs.250 per Rs.330 per & L-12C Foreign Liquor, Beer, Wine, Champagne, BL upto BL for EDP RTD (Ready to Drink Beverages, Cider, EDP of Rs.3000/- above Liqueur, etc. Rs. 3000/- Rs.35/- per Bulk Litre (Beer) Rs.20/-per Bulk Litre (Wine, Champagne, Cider, Liqueur, RTD)
4. L-3A, L-4A, Bottled Beer, Wine & RTD Rs.35/- per Bulk Litre (Beer) L-5A Rs.20/- per Bulk Litre (Wine& RTD)
5. L-10A Draught Beer Rs. 35/- per Bulk Litre
6. L-10AA Wine Rs. 20/- per Bulk Litre
7. L-10B Imported Foreign Liquor, Imported Rs.300/- per Bulk Litre Beer, Imported Wines, Cider, Liqueur, Imported Foreign Liquor Domestic Wine & Ready To Drink Beverages (RTD) upto 20 degree proof strength (except Indian Made Beer) Rs. 36/- per Bulk Litre Imported Beer Rs. 22/- per Bulk Litre Wines, Cider, Liqueur, Domestic Wine & Ready To Drink Beverages (RTD) upto 20 degree proof strength (except Indian Made Beer)
8. L-9 Indian Made Foreign Liquor, Imported Rs.50/- per Proof Litre (IMFL/ Foreign Liquor, Rum, Beer, Imported IFL) Wine, Indian Wine, Ready to Drink Beverages (RTD), Champagne, Cider, Rs. 25/- per Proof Litre (RUM) Liqueur Rs. 5/- per Bulk Litre (Beer, Imported Wine, Indian Wine, Ready to Drink Beverages (RTD), Champagne, Cider, Liqueur) CHD. ADMN. GAZ., JUNE 30, 2020 (ASAR 9, 1942 SAKA) 747 This is Digitally Signed Gazette. To verify, visit :
https://egazette.chd.gov.in The assessment fee for the above-mentioned licences will be charged at the time of grant of permits to these licensees."
11. In the said Rules, in Rule 37, in the condition no. 2, the following shall be substituted namely :— "In case of retail sale vends (L-2/L-14A), an additional godown shall be granted on extra fee of Rs 2.25 Lac for the excise policy period 2020-21(01.07.2020 to 31.03.2021) within the radius of 250 meters of an existing vend. The Excise & Taxation Commissionercum-Financial Commissioner, Chandigarh can relax this condition in exception cases. For Additional Godown, the licensee has to comply with all the regulations and stipulations of opening of the retail outlets with regard to location and other terms & conditions thereof."
12. In the said rules, in Rule37, for condition no. 9, the following shall be substituted namely :— "Conditions dealing with dry days, and licenced hours :— Every licensee for the sale of liquor shall keep his shop closed to observe dry days on 15th August and 26th January, to be observed upto 05:00 PM and 2nd October (Mahatma Gandhi?s Birthday) for whole day. The dry-days as notified/ directed by the Election Commission of India / State Election Commission will also be observed as Dry Days. If any breach of dry day is detected, in addition to the penal proceedings, the licensed vend shall be automatically sealed for three days commencing from the next day of the dry day by AETC under intimation to the Excise and Taxation Commissioner and Collector (X). The licensee shall not be entitled to any compensation of any kind or relief in license fee or quota on account of such closure. The working hours of the liquor vends will be from 09:00AM to 11:00PM throughout the year. Due to outbreak of coronavirus, all the excise licensees will comply with the directions given with regard to working hours/ time schedule for opening & closing of liquor vends/ establishments etc. announced by the Ministry of Home Affairs, Govt. of India and State Disaster Management Authority, U.T., Chandigarh from time to time to contain the spread of Covid-19 and no compensation of any type whatsoever in licence fee, quota etc.
will be given to the licensees on account of reduction in working hours."
13. In the said Rules, in Rule 37, in Condition No. 28, for clause (f) the following shall be substituted namely :— "Minimum Retailsale price of IMFL, Beer & Indian Wine.—The minimum retailsale price of IMFL 75 degree, Beer & Indian Wine are fixed as under :— IMFL Range of EDP Quart (in Rs) Pint (in Rs) Nip (in Rs) (Ex-Distillery Price) (In Rs.)
1-400 200 100 60 401-550 210 110 65 551-650 220 120 70 651-800 260 140 80 801-950 310 170 90 951-1050 350 180 100 1051-1200 400 210 120 748 CHD. ADMN. GAZ., JUNE 30, 2020 (ASAR 9, 1942 SAKA) This is Digitally Signed Gazette. To verify, visit :
https://egazette.chd.gov.in 1201-1350 425 225 125 1351-1500 450 250 130 1501-1650 475 250 140 1651-1900 500 250 140 1901-2150 525 275 150 2151-2500 550 300 160 2501-2800 600 325 175 2801-3200 650 350 200 3201-3500 750 400 220 3501-4500 850 450 250 4501-5600 1000 500 260 5601-7000 1100 600 325 7001-9000 1300 700 400 9001-12000 1700 900 500 12001-15000 1900 1000 550 15001 & above 2000 1100 600
Provided further that in case, a licensee is found guilty of selling the liquor in contravention of the price fixed thereof, he shall be liable for the following action, namely :— 1st Time: - Rs 1 lacs 2nd Time: - Rs. 2 lacs Thereafter, if any violation w.r.t. non-maintenance of Minimum Retailsale Price is detected, the retailsale (L-2/L-14) license of that licensing unit will automatically be suspended on detection of breach for the day of detection and two days following it. The vend shall be sealed by the Assistant Excise & Taxation Commissioner for this period with prior intimation to the Excise & Taxation Commissioner and Collector (Excise). The seal of vend shall be in addition to any other penal proceedings under the Law that may be initiated.
Note (1).—Minimum Retail sale Price of Indian Wine will be fixed as per the following formula :
(Ex-Winery Price + Excise Duty + Import Fee + Permit Fee + TCS + VAT @12.5%) + (50% profit of the EWP to be rounded off to next rupee).
Minimum Retail sale Price of Imported Wine will be fixed as per the following formula (Ex-Winery Price + Excise Duty + Import Fee + Permit Fee +TCS + VAT @12.5%) + (30% profit of the EWP/EDP to be rounded off to next rupee) Range of EDP Quart (in Rs) Pint (in Rs) Nip (in Rs) (Ex-Distillery Price) (In Rs.)
CHD. ADMN. GAZ., JUNE 30, 2020 (ASAR 9, 1942 SAKA) 749 This is Digitally Signed Gazette. To verify, visit :
https://egazette.chd.gov.in BEER MINIMUM RETAIL SALE PRICE OF INDIAN BEER FOR EXCISE POLICY PERIOD 2020-21(01.07.2020 to 31.03.2021) Light Beer & Strong Beer (per Bottle of 330 ML having alcoholic Rs. 60/- contents upto 5.25% v/v &upto 8.25% v/v) Light Beer & Strong Beer (per Bottle/ Can of 500 ML having Rs. 80/- alcoholic contents upto 5.25% v/v &upto 8.25% v/v) Light Beer (per Bottle of 650 ML having alcoholic contents Rs. 90/- upto 5.25% v/v) Strong Beer (per Bottle of 650 ML having alcoholic contents Rs. 100/- upto 8.25% v/v) Note (2).—Minimum Retail sale price will be mandatorily mentioned in legible and complete words on all brands of Beer, IMFL and Country Liquor etc. and no shortcut of any type will be admissible. No Maximum Retail Sale Price is fixed for any kind of liquor brand for the Excise Policy Period 2020-21(01.07.2020 to 31.03.2021)."
14. In the said Rules, in Rule 37 for the clause 35, following shall be substituted namely :— "No compensation of any kind or relief in license fee on account of natural calamity such as fire, floods, drought, earthquake etc. or on account of riots or as a result of preventive closure ordered by the Chandigarh Administration or as a result of any remission by a court order beyond the specific relief given, shall be admissible to the licensee except as provided under clause 35 of the Excise Policy 2020-21(01.07.2020 to 31.03.2021)."
15. In the said Rules, in Rule 38, in the Condition No. 16, for clause (f) the following clause shall be substituted, namely :— "(f) The minimum retail sale price of Country Liquor 50 degree & 60 degree allowed to be sold at licencing Units is fixed as under :— Country Liquor (50 degree) (60 degree) (in Rs.) (in Rs.)
Quart (750 ML) 140/- 160/- Pint (375 ML) 80/- 90/- Nip (180ML) 45/- 60/-
16. In the said rules, in Rule 38, in special condition (2) for the existing clause (d), the following shall be substituted namely :— "It shall be mandatory for all the retail sale licensees to issue invoice for sale at their vends. It will also be mandatory for the retail sale licensees to provide an alternate option of payment to the customer instead of cash payment i.e. POS machines at sale points is being introduced."
(Sd.) . . ., Secretary, Excise & Taxation, Chandigarh Administration.
750 CHD. ADMN. GAZ., JUNE 30, 2020 (ASAR 9, 1942 SAKA) This is Digitally Signed Gazette. To verify, visit :
https://egazette.chd.gov.in CHANDIGARH ADMINISTRATION EXCISE AND TAXATION DEPARTMENT Notification The 25th June, 2020 No. E&T/ETO(X)-2020/2518.—In exercise of the powers conferred by Section 58 read with Section 31 & 32 of the Punjab Excise Act, 1914 (Punjab Act 1 of 1914), as applicable to U.T., Chandigarh and all other powers enabling him in this behalf, the Administrator, Union Territory, Chandigarh, is pleased to make the following Orders, further to amend the Punjab Excise Fiscal Orders, 1932, as in force in the Union Territory, of Chandigarh, by dispensing with the condition of previous publication in view of the powers conferred by proviso to sub-Section (3) of Section 58 of the Punjab Excise Act, 1914, on being satisfied that the circumstances exist which render it necessary to take immediate action and the Orders be brought into force at once, therefore :—
1. These Orders may be called the Punjab Excise Fiscal (Chandigarh 2nd Amendment) Orders,
2020.
2. These Orders shall come into force with effect from the 1st July, 2020.
3. In the Punjab Excise Fiscal Orders, 1932, as in force in Union Territory of Chandigarh (hereinafter called the said Orders), in Order 1, in the table for item No. (1), (3)(a),(3)(b) & (4), the following shall be substituted, namely :— "(1) Excise Duty on Country Liquor (Country Liquor 50 Degree & 60 Degree) shall be charged @Rs.40/- per proof litre
(3)(a)Excise Duty on Indian Made Foreign Liquor (IMFL) shall be charged as under :— S. No. Range of Ex-Distillery Rate of Excise Duty (ED) Price (EDP)
1. 1-650 54/- per PL
2. 651-950 62/- per PL
3. 951-1200 72/- per PL
4. 1201-1500 85/- per PL
5. 1501-2500 112/- per PL
6. 2501-3500 155/- per PL
7. 3501-4500 182/- per PL
8. 4501-7000 285/- per PL
9. 7001 & above 350/- per PL
(3)(b) Excise Duty/ Assessment Fee on Imported Foreign Liquor, Imported Beer, Imported Wine, Champagne, Cider, RTD, Liqueur shall be charged as under: - S. No. Type of Liquor Rate of Extra Licence Fee
1. Imported Foreign Liquor Rs. 250/- per proof litre
2. Imported Beer Rs. 40/- per bulk litre
3. Imported Wine, Champagne, Rs. 15/- per bulk litre Cider, RTD, Liqueur CHD. ADMN. GAZ., JUNE 30, 2020 (ASAR 9, 1942 SAKA) 751 This is Digitally Signed Gazette. To verify, visit :
https://egazette.chd.gov.in The Excise Levies in case of Imported Beer will be applicable on Light, Strong & Draught Beer.
(4) Excise Duty on Indian Made Foreign Liquor, Rum, Imported Foreign Liquor, Imported Beer, Indian Wine, Imported Wine, Cider, Champagne, etc. when issued/supplied to troops/ military canteens, shall be charged as under :— S. No. Type of Liquor Rate of Excise duty
1. Indian Made Foreign Liquor Rs.80/- per proof litre
2. Imported Foreign Liquor Rs.80/- per proof litre
3. Rum Rs.40/- per proof litre
4. Beer Rs.30/- per bulk litre
5. Indian Wine, Imported Wine, Rs.5/- per bulk litre
6. RTD, Cider etc Rs.5/- per bulk litre
4. In the said Orders, in Order 1, for item 3(f), the following shall be substituted, namely :—\ "3(f) Import fee will be charged as under :—
(i) On Indian Made Foreign Liquor (IMFL) @Rs.22/- per proof litre
(ii) On Imported Foreign Liquor (IFL), @Rs.22/- per proof litre.
(iii) On Beer, @Rs.5/- per bulk litre.
(iv) On Draught Beer, @Rs.5/- per bulk litre.
(v) On Indian Wine, Champagne, Cider, Liqueur @Rs.4/- per bulk litre.
(vi) On Imported wine, Champagne, Cider, Liqueur & Ready to Drink Beverages (RTD), @Rs.5/- per bulk litre.
(vii) On Country Liquor (50 degree & 60 Degree), @Rs.22/- per proof litre.
(viii) In case of CSD, Indian Made Foreign Liquor (IMFL) @20/- per proof litre, Imported Foreign Liquor (IFL) @20/- per proof litre, in case of Rum @12/- per proof litre, in case of beer @12/ - per bulk litre, in case of Wine @5/- per bulk litre and in case of Ready to Drink Beverages, Cider etc. @5/- per bulk litre."
5. In the said Orders, for Order 1-B, the following shall be substituted, namely :— "Export fee @Rs.0.50 per PL shall be charged on the export of Country liquor and IMFL to any other state or Union Territory in India from any distillery / bottling plant."
6. In the said Orders, in Order 2, the following shall be substituted, namely: - "(2) Excise Duty on Indian Wine, Champagne, Cider, etc. sold through L-1D (Wholesale licence for Indian Wine) shall be charged @Rs.15/- per bulk litre. Excise Duty on Ready to Drink Beverages (RTD) sold through L1-C1 (Wholesale licence for Ready to Drink Beverages) shall be charged @Rs.30/- per bulk litre & on Denatured Spirit @Rs.1/- per bulk litre."
752 CHD. ADMN. GAZ., JUNE 30, 2020 (ASAR 9, 1942 SAKA) This is Digitally Signed Gazette. To verify, visit :
https://egazette.chd.gov.in
7. In the said Orders, for Order 5, the following shall be substituted, namely :— "The Excise duty on Beer manufactured or imported into U.T., Chandigarh shall be charged as under :— S. Type of Beer Rate of Excise duty No.
1. Beer having alcoholic contents upto 5.25% v/v Rs.30/- per bulk litre
2. Beer having alcoholic contents upto 8.25% v/v Rs.36/- per bulk litre
3. Draught Beer having alcoholic contents upto
5.25% v/v Rs.30/- per bulk litre
4. Draught Beer having alcoholic contents upto
8.25% v/v Rs.36/- per bulk litre
5. Beer Manufactured by Micro-Brewery Project Rs.30/- per bulk litre" (Sd.) . . ., Secretary, Excise & Taxation Chandigarh Administration.
CHANDIGARH ADMINISTRATION EXCISE AND TAXATION DEPARTMENT Notification The 25th June, 2020 No. E&T/ETO(X)-2020/2520.—In exercise of the powers conferred by clause (d) of Section 21 & 59 of the Punjab Excise Act, 1914 (Punjab Act 1 of 1914) as applicable to Union Territory, Chandigarh and all other powers enabling me in this behalf, I, Mandip Singh Brar, IAS, Excise & Taxation Commissioner, Union Territory, Chandigarh, exercising the powers of Financial Commissioner, make the following Rules, further to amend the Punjab Distillery Rules, 1932 as in force in the Union Territory, Chandigarh, namely :—
1. These Rules may be called the Punjab Distillery (Chandigarh 03rd Amendment) Rules, 2020.
2. They shall come into force with effect from the 1st July, 2020.
3. In the Punjab Distillery Rules, 1932, as in force in Union Territory of Chandigarh,(hereinafter called the said Rules) in Rule 93, the existing clause (kk), shall be substituted with the following clause :— "(kk) The Label Registration Fee for approval of labels for sale in the Union Territory, Chandigarh, shall be charged as under :— Label Registration Fee :
1 FOR INDIAN MADE FOREIGN LIQUOR 41250 Per Brand 2 FOR INDIAN MADE BEER 30000 Per Brand 3 FOR ALL TYPES OF WINE(L-1D), CHAMPAGNE (L-1DF), CIDER(L-1D), RTD(L-1C1) 5625 Per Brand CHD. ADMN. GAZ., JUNE 30, 2020 (ASAR 9, 1942 SAKA) 753 This is Digitally Signed Gazette. To verify, visit :
https://egazette.chd.gov.in 4 FOR ALL TYPE OF EXPORT OF IMFL / COUNTRY LIQUOR 26250 Per Brand 5 FOR ALL TYPE OF COUNTRY LIQUOR 22500 Per Brand Label Registration Fee for Imported Foreign Liquor and Imported Beer 1 FOR IMPORTED FOREIGN LIQUOR 37500 Per Brand 2 FOR IMPORTED BEER 30000 Per Brand 3 SUBSEQUENT CHANGES IN ANY LABEL (INCLUDING ALL PACKING SIZES) 15000 Per Brand
Provided that the wholesale licensees will have to pay the Label Registration Fee in respect of each brand he desires to market in U.T., Chandigarh.
Provide further that only those distilleries/bottling plants whose rates are approved by the Chandigarh Administration will be allowed to sell their products in U.T., Chandigarh.
Provide further that In case of L-1DF and L-1F licences, the wholesale supplier will be required to affix a white sticker on the bottles of Imported Wine, Champagne, Cider, Imported Foreign Liquor and Imported Beer etc. of Minimum 70 mm by 35 mm readable by naked eyes showing the "Name and Address of the Importer?, " Name and Address of the Wholesale Supplier of U.T. Chandigarh', 'FSSAI license No.', along-with legends 'Consumption of Alcohol is Injurious to Health' 'Be Safe-Don't Drink and Drive' and 'FOR SALE IN U.T. CHANDIGARH ONLY'.
4. In the said rules, in Rules 122A & 122B, the following shall be substituted, namely :— "122A In order to monitor the bottling operations and dispatches of liquor, an integrated CCTV mechanism should be installed in the bottling plants and the expenditure for this will be borne by the licensees."
"122B Holograms/Intaglio printed security labels with holograms on packings/bottles of country liquor, Indian Made Foreign Liquor and Imported Foreign Liquor (excluding Beer, Wine, Champagne, Liqueurs and RTD etc.) will be mandatorily affixed by licensee at the time of bottling & labeling of liquor bottles in case of Country Liquor & IMFL and at the time of transfer from Custom Approved Bond to L-1F in case of IFL, at his own expense except on liquor sold at L-9 licensee."
5. In the said rules, after the Rule 122B, the following new Rule 122C shall be inserted, namely :— "122C In order to monitor the production in the bottling plants, installation of flow meters have been made mandatory from 01.10.2020 as approved by the Department in the manner prescribed."
(Sd.) . . ., Excise & Taxation Commissioner-cum- Financial Commissioner, Chandigarh Administration.
754 CHD. ADMN. GAZ., JUNE 30, 2020 (ASAR 9, 1942 SAKA) This is Digitally Signed Gazette. To verify, visit :
https://egazette.chd.gov.in CHANDIGARH ADMINISTRATION EXCISE AND TAXATION DEPARTMENT Notification The 25th June, 2020 No. E&T/ETO(X)-2020/2522.—In exercise of the powers conferred by clause (d) of Section 21 & 59 of the Punjab Excise Act, 1914 (Punjab Act 1 of 1914) as applicable to Union Territory, Chandigarh and all other powers enabling me in this behalf, I, Mandip Singh Brar, IAS, Excise & Taxation Commissioner, Union Territory, Chandigarh, exercising the powers of Financial Commissioner, make the following Rules, further to amend the Punjab Excise Bonded Warehouse Rules, 1957, as in force in the Union Territory of Chandigarh, namely :—
1. These Rules may be called the Punjab Excise Bonded Warehouse (Chandigarh 3rd Amendment) Rules, 2020.
2. These rules shall come into force with effect from the 1st July, 2020.
3. In the Punjab Excise Bonded Warehouse Rules, 1957, as in force in Union Territory of Chandigarh (hereinafter called the said Rules), in Rule 2, the following shall be added, namely :— "Total 12 B.W.H.-2 (Bottling Plants) licences have been granted by the Department, which is high in number as compared to the neighbouring States. Therefore, no new B.W.H.-2 (Bottling plant licence) will be granted during the Excise Policy Period 2020-21 (01.07.2020 to 31.03.2021)."
4. In the said Rules, in Rule 3(A), the following shall be substituted, namely :— "3(A) The licence fee for licence issued in form D-2 (licence granted to B.W.H.-2 licensees for redistillation of rectified spirit) shall be Rs. 2.25 lac of the Excise Policy period 2020- 21(01.07.2020 to 31.03.2021)."
5. In the said Rules, in Rule 4, the following shall be substituted, namely :— "The fee for renewal of existing licence in form B.W.H.-2 for the Excise Policy period 2020-21(01.07.2020 to 31.03.2021) shall be Rs. 13,50,000/-.
Provided that Bonded Warehouse (B.W.H.-2)-cum-Bottling Plant which is also having L-1B licence (wholesale licence for Indian Made Foreign Liquor) or L-13 licence (wholesale licence for Country Liquor) will be required to have separate premises for their L-1B's and L-13's. All the wholesale licensees will make adequate fire safety arrangements.
Provided further that the Excise Commissioner may on the request of the licensee, allow lease of a whole or a part of the licensed premises of a B.W.H.-2 (bottling plant), if he deems it appropriate, on payment of a fee of Rs 7,50,000/- (Rupees Seven Lacs Fifty Thousands only) for the Excise Policy Period (01.07.2020 to 31.03.2021).
Provided further that the BWH-2 licensee will be allowed to continue their bottling operations on any holiday or after 05:00 PM by depositing a fee of Rs 5000/- for one holiday and Rs 1000/- for working after 05:00 PM till 07:00 PM. No Dispatches of liquor will be permissible to the Distilleries/ Bottling Plants after 05:00 pm."
CHD. ADMN. GAZ., JUNE 30, 2020 (ASAR 9, 1942 SAKA) 755 This is Digitally Signed Gazette. To verify, visit :
https://egazette.chd.gov.in
6. In the said Rules, after Rule 53, the following new Rule 53A shall be inserted, namely :— 53A In order to monitor the bottling operations and dispatches of liquor, an integrated CCTV mechanism should be installed in the bottling plants and the expenditure for this will be borne by the licensees and In order to monitor the production in the bottling plants, installation of flow meters have been made mandatory from 01.10.2020 as approved by the Department in the manner prescribed."
(Sd.) . . ., Excise & Taxation Commissioner-cum- Financial Commissioner, Chandigarh Administration.
CHANDIGARH ADMINISTRATION EXCISE AND TAXATION DEPARTMENT Notification The 25th June, 2020 No. E&T/ETO(X)-2020/2524.—In exercise of the powers conferred by Section 58 of the Punjab Excise Act, 1914 (Punjab Act 1 of 1914) as applicable to Union Territory, Chandigarh and all other powers enabling him in this behalf, the Administrator, Union Territory, Chandigarh, is pleased to make the following Rules, further to amend the Punjab Restaurant (Consumption of Liquor) Rules, 1955, as in force in the Union Territory of Chandigarh, by dispensing with the condition of previous publication in view of the powers conferred by proviso to sub-section (3) of Section 58 of the Punjab Excise Act, 1914, on being satisfied that the circumstances exist which render it necessary to take immediate action and the rules be brought into force at once, namely :—
1. These Rules may be called the Punjab Restaurant (Consumption of Liquor), (Chandigarh 1st Amendment) Rules, 2020.
2. These Rules shall come into force with effect from the 1st July, 2020.
3. In the Punjab Restaurant (Consumption of Liquor) Rules, 1955, as in force in Union Territory of Chandigarh (hereinafter called the said Rules) in Rule 5, for the words and figures "Rs. 3,00,000/-", the words & figure "Rs. 2,62,500/-" shall be substituted.
4. In the said Rules, in form L-52, under the special conditions, the following shall be substituted, namely :— "In order to prevent rowdy and drunken behavior of the public, no tavern will be allowed to function in an open space without surrounded by 4 walls with concrete roof and strictly as per provisions of the Excise Laws. The Tavern shall be located in separate premises from the vend by metes and bounds. Tavern attached to licensing unit to have eight tables (minimum) with seating capacity of 40 persons, to have temperature control system within the premises, clean and modern toilets and cutlery and crockery of good standard and also to be registered with FSSAI. In order to improve the ambience and functioning of Tavern attached to a licensing unit, there shall be provision of metered electric and water supply and there should be proper system of garbage collection and disposal along-with separate kitchen, tiled flooring in kitchen, seating hall and toilets. All the licensees will make adequate fire safety arrangements.
756 CHD. ADMN. GAZ., JUNE 30, 2020 (ASAR 9, 1942 SAKA) This is Digitally Signed Gazette. To verify, visit :
https://egazette.chd.gov.in Due to outbreak of coronavirus, the licence fee will be charged only after the commencement of the operations of the Tavern on pro-rata basis.
The Collector may refuse to grant a licence for Tavern in exercise of the powers conferred under section 35 of the Punjab Excise Act, 1914 as applicable to UT, Chandigarh."
(Sd.) . . ., Excise & Taxation Commissioner-cum- Financial Commissioner, Chandigarh Administration.
CHANDIGARH ADMINISTRATION EXCISE AND TAXATION DEPARTMENT Notification The 25th June, 2020 No. E&T/ETO(X)-2020/2526.— In exercise of the powers conferred by Section 58 of the Punjab Excise Act, 1914, as applicable to U.T., Chandigarh and all other powers enabling him in this behalf, the Administrator, Union Territory, Chandigarh, is pleased to make the following Orders, further to amend the Punjab Intoxicants Licence and Sale Orders, 1956, as in force in the Union Territory, Chandigarh, by dispensing with the condition of previous publication in view of the powers conferred by proviso to sub-section (3) of Section 58 of the Punjab Excise Act, 1914, on being satisfied that the circumstances exist which render it necessary to take immediate action and the rules be brought into force at once, namely :—
1. These Orders may be called the Punjab Intoxicants Licence and Sale (Chandigarh 1st Amendment) Orders, 2020.
2. These Orders shall come into force with effect from the 1st July, 2020.
3. In the Punjab Intoxicants Licence and Sale Orders, 1956, as in force in Union Territory of Chandigarh (hereinafter called the said Orders), the limits of retailsale of intoxicants as given in Order 1 of the said Orders shall be substituted by the following namely :— "1 The limits specified below shall be the limit of retailsale of intoxicants (i.e. Country Liquor, IMFL/IFL, Beer and Wine) in the Union Territory, Chandigarh :—
(i) Country Liquor: 6 Bottles of 750 ml
(ii) IMFL/IFL:-12 Bottles of 750 ml or two bottle of higher measure.
(iii) Beer: 12 Bottles of 650 ml.
(iv) Wine: 12 Bottles of 750 ml.
a. That the limits of possession prescribed by way of these Amendment Orders shall not affect the possession limit of intoxicants as was applicable previously in respect of the permit granted in Form L-50.
CHD. ADMN. GAZ., JUNE 30, 2020 (ASAR 9, 1942 SAKA) 757 This is Digitally Signed Gazette. To verify, visit :
https://egazette.chd.gov.in b The fee for the grant of L-50 shall be Rs 1000/- for Excise Policy period 2020-21 (01.07.2020 to 31.03.2021) and Rs 5000/- for life time. The private possession limit will be as under :—
(i) IMFL/IFL 36 Quarts of 750 ML
(ii) Beer 72 Bottles of 650 ML
(iii) Wine 36 Bottles of 750 ML."
(Sd.) . . ., Secretary, Excise & Taxation Chandigarh Administration.
CHANDIGARH ADMINISTRATION EXCISE AND TAXATION DEPARTMENT Notification The 25th June, 2020 No. E & T/ETO(X)-2020/2528.—In exercise of the powers conferred by Section 34 & 59 of the Punjab Excise Act, 1914, as applicable to U.T., Chandigarh and all other powers enabling me in this behalf, I, Mandip Singh Brar, IAS, Excise & Taxation Commissioner-cum-Financial Commissioner, Union Territory, Chandigarh is pleased to make the following Rules, further to amend the Punjab Liquor Permit & Pass Rules, 1932, as in force in the Union Territory, Chandigarh, namely :—
1. These Rules may be called the Punjab Liquor Permit & Pass (Chandigarh 1st Amendment) Rules,
2020.
2. These Rules shall come into force with effect from the 1st July, 2020.
3. In the Punjab Liquor Permit & Pass Rules, 1932, as in force in the Union Territory Chandigarh, in Rule 22 (b), the following shall be substituted, namely: - "22(b) The licence fee for L-42 (Permit for possession & consumption of liquor on special occasions) shall be charged as under :— Type of Permit Fee to be charged (L-42) PERMIT FOR POSSESSION AND 3000 per day CONSUMPTION OF LIQUOR ON SPECIAL OCCASIONS IN CHANDIGARH MUNICIPAL CORPORATION COMMUNITY CENTERS/ OPEN SPACE/RESIDENCE/BHAWANS ETC.
(L-42) PERMIT FOR POSSESSION AND 7500 per day CONSUMPTION OF LIQUOR ON SPECIAL OCCASIONS IN HOTELS/ RESTAURANTS/ BANQUET HALL /MARRIAGE PALACE ETC.
(Sd.) . . ., Excise & Taxation Commissioner-cum- Financial Commissioner, Chandigarh Administration.
"No legal responsibility is accepted for the contents of publication of advertisements/public notices in this part of the Chandigarh Administration Gazette. Persons notifying the advertisements/public notices will remain solely responsible for the legal consequences and also for any other misrepresentation etc."
0089—Ptg. & Sty. Deptt., U.T., Chd.
2020-06-30T16:33:49+0530 JATINDER KUMAR published