1. Short Title and Commencement
2. Definitions
3. Grant of Licence
4. Licence Fee
5. Process of Application
6. Bond and Security for conducting the Licence
7. Renewal of Botting Licence
8. Terms and Condition of Licence
9. Application of Security Code
10. Bottling Operation
11. Chemical Analysis of Country Spirit
12. Condition of Vats and Receivers
13. Marking and Numbering of rooms and vessels
14. Vessels for Storage
15. Installations, use and Maintenance of Electric Devices for botting and Measurements of Spirit both by volume and Strength at and country liquor bottling plant.
16. Permission for bringing spirit from other distillery.
17. Registers and Statement.
18. Other Restrictions.
19. Issue of Country Liquor
20. CLB- 1 Form
21. CLB- 2 Form
22. CLB- 3 Form
23. CLB- 4 Form
24. CLB- 5 Form
25. CLB- 6 Form
26. CLB- 7 Form
27. CLB- 8 Form
28. CLB- 9 Form
29. CLB- 10 Form
30. CLB- 11 Form
31. CLB- 12 Form
32. CLB- 13 Form
33. CLB- 14 Form
34. CLB- 15 Form
35. CLB- 16 Form
36. CLB- 17 Form
37. CLB- 18 Form
38. CLB- 19 Form
39. CLB- 20 Form
40. CLB OFFICE OF EXCISE COMMISSIONER, UTTAR PRADESH In pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Governor is pleased to order the publication of the following English. translation of Notification No. 7359/X-Licence-/ Bottling of Country Liquor Rules-2020, dated:
October 03, 2022 for general information.
NOTIFICATION In exercise of the powers conferred under section 41 of the United Provinces Excise Act, 1910 (U.P. Act no. IV of 1910), read with section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act no. I of 1904), the Excise Commissioner, Uttar Pradesh with the previous sanction of the State Government, makes the following rules relating to licenses for the bottling of Country liquor in supersession of all previous Rules published in this behalf.
THE UTTAR PRADESH BOTTLING OF COUNTRY LIQUOR RULES, 2022
1. Short Title and Commencement-
(1) These rules may be called the Uttar Pradesh Bottling of Country Liquor Rules, 2022;
(2) They shall come into force from 1st April, 2022.
2. Definitions-(1) In these rules, unless there is anything repugnant in the subject or context,-
(a) "Act'' means the United Provinces Excise Act, 1910 as amended from time to time;
(b) "Blending" means the mixing together of two or more spirits or liquors of different alcoholic strengths or different qualities or grades;
(c) "Bond" means an obligation authorized or required by or under any law or regulation for the time being in force;
(d) "Bonded Warehouse" means approved warehouse which is used for the storage of excisable articles brought thither under bond for payment of consideration fee at the time of issue from such warehouse;
(e) "Coloring and Sophistication" means addition of coloring and flavoring material in Spirit or reduced Spirit;
(f) "Country liquor" means plain or spiced spirit containing alcohol mild or strong and which has been manufactured from Extra Neutral Alcohol;
(g) "Excise Year" means the financial year commencing from 1st April and ending with 31st March of the next calendar year;
(h) "Form" means form appended to these rules;
(i) "License" means the license granted under these rules;
(j) "Licensing Authority" means the Excise Commissioner, Uttar Pradesh;
(k)"License fee" means the consideration for the grant of license for exclusive privilege of bottling country liquor, which shall be paid through E- payment in the Government Treasury by the licensee before the license is granted to him, on such rates as may be fixed from time to time by the Excise Commissioner with the previous sanction of the State Government;
(l) "Officer In charge" means officer of Excise Department not below the rank of Assistant Excise Commissioner appointed by the Excise Commissioner for conducting the work of the License under reference;
(m) "Plain spirit ' means 'spirit' to which no flavor has been communicated and to which no coloring or flavoring matter or othe1 rnaLe1ial or ingredient bus been added;
(n) “Portal” means the electronic platform created specifically for the purpose of uploading information in the prescribed form with regard to the process of manufacturing liquor up to the terminal stage of its distribution;
( o) "Receiver" means any vessel into which the worm of a still discharges:
(p) "Reduction of Spirits" means the dilution of higher strength of ENA by addition of water;
(q) “Security” Coden means security code as approved by excise department which shall be affixed on each ca1ton (case) and bottle or any other container as a proof of payment of consideration fee;
(r) “Spiced Spirit” means 'spirit' obtained after the addition of flavors and spices to plain spirit;
(s) “State” means the State of Uttar Pradesh;
(t) "Strength" means such strength of country liquor as may be fixed by the Excise Commissioner with prior sanction of the State Government from time to time and which is indicated by the alcohol meter;
(u) “To bottle” means to transfer liquor from a vat or tank to a bottle or similar receptacle for the purpose of sale. Bottling includes rebottling;
(v) "To gauge" means to determine the quantity of spirits contained in or taken from any receptacle, container, vat or tank or determine the capacity of a vat or other receptacle;
(w) "Vat " Means any fixed vessel used for the storage of liquor;
(x) “Warehouse” means the part of a licensed premises for bottling of country liquor in which spirit in a fit state for issue and consumption is stored under excise control.
(2) Words and expressions not defined in these rules, but defined in the Act, shall have the meanings respectively assigned to them in the Act.
3. Grant of Licence-(1) A bottling license in form C.L.B-1 may be granted by the Excise Commissioner to:
(a) A distiller to bottle Country Liquor;
(b) A company or a unit holding PD-33 license to establish a potable distillery, having a minimum investment of Rs. 50crore and a minimum capacity of 40 KLPD, on giving an assurance and commitment by an affidavit supported by Bank Guarantee for rupees twenty-five Lakhs that it shall install potable distillery within two years by depositing rupees twenty- f i v e per kiloliter of sanctioned capacity from the date of grant of C.L.B-1 license to bottle country liquor. If the unit fails to establish the potable distillery within the specified period, the aforesaid Bank Guarantee shall be forfeited in favor of the State Government by the Excise Commissioner and the bottling license shall he held in suspended stage until the distillery is commissioned;
(2) The holder of a license in form C.L.B-1 may assign whole or any part of his bottling privilege
(a) Another distiller of Uttar Pradesh.
(b) A distiller of another state or union Territory in India.
Provided that no such assignee shall exercise any right as such unless a license in C.L.B-2 has been granted to him by the Excise Commissioner on an application made by the holder of C.L.B-1 license.
(3) A bottling license in Form C.L.B-2 may be granted by the Excise Commissioner to a distiller subject to the following conditions:
(a) A distiller shall be entitled to put his own brand name on the labels of the spirit bottled by him after obtaining the approval of the Excise Commissioner.
(b) Coloring, blending, flavoring or reduction of spirit except under and in accordance with a special permission of the Excise Commissioner shall be prohibited.
4. License Fee-The License in form C.L.B-1 or C.L.B.-2 may be granted for an excise year or part thereof on payment of license fee calculated as per procedure of calculating renewal fee given in rule-7(2) of these rules.
Provided that a f r a n c h i s e fee as prescribed in rule-7(2) sha11 also be payable for the grant of new licence in form C.L.B-2 for the excise year or part thereof.
Provided further that rupees two lacs will be the minimum license fee for CLB-1 or CLB-2 licenses.
5. Process of Application-(1) A person, applying for a bottling license under Rule-3, shall upload application on the designated Portal and he shall also along-with the application furnish the following particulars to the Excise Commissioner, Uttar Pradesh namely.
(a) a valid distillery license in the state in case of C.L.B-1 license; or
(b) a valid PD-33Licence and documentary evidence in support of fulfilling criteria as laid down in Rule 3 (l)(b).
(c) in case of C.L.B-2 Licence, a valid distillery licence in the state or another state or union Territory.
(d) the place and premises in which bottling shall be carried on along with Geo tagging showing latitude and longitude.
(e) copy of the document showing the applicant's right, title and interest on the proposed site or the area.
(f) the approximate number of days in a week or month during which bottling shall be carried on;
(g) a detailed plan of the premises in triplicate showing the different rooms or compartments and all the permanent fixtures therein.
(h) Affidavit of the intent that he is not in the arrear of public dues or Government dues.
(i) a declaration regarding total number of bottles to be bottled io the year.
(2) The Excise Commissioner, if satisfied on enquiry that the applicant is a fit person to hold the required license and the premises in which such person proposes to carry on bottling are suitable, may, grant the license. Every such licensee shall deposit Rs. One lakh as security in form FDR or TDR pledged in the 11a1.Ec of the Excise Commissioner, before issue of license The licensee shall be allowed to draw, as it falls due, the interest accruing on them.
6. Bond and Security for conducting the Licence-The Licensee shall execute a bond in form CLB with such security as may be fixed by the Excise Commissioner. The security shall be furnished either in cash or in interest bearing securities, Government Promissory Notes, National Savings Certificate, Post Office Savings, Bank Pass Book or Post Office Cash Certificates or in fixed deposit receipts of the State Bank of India or any other Bank duly approved by the State Government.
The security is liable to be increased or decreased by the Excise Commissioner at any time should he consider for any reason, that the amount so fixed is inadequate or excessive.
7. Renewal of Bottling license. - (1) Application for the renewal of bottling licence shall be made in Form C.L.B-3to the Excise Commissioner, Uttar Pradesh on or before February 28 of the year of expiry of the license. Unless the fee or any part thereof is in arrear or there be any other sufficient reason, a bottling licence in Form C.L.B- 1and C.L.B-2may be renewed by the Excise Commissioner for two years, but the license shall be valid only till the period of validity of concerningPD-2/PD-33 License.
(2) The application of renewal for a year shall accompany a declaration regarding total number of bottles to be bottled in the year for which the renewal is being applied for. Renewal Fee of C.L.B-1 and C.L.B-2 licenses for the said year, shall be calculated at the rate of Rs. 2,00,000/- per Fifty lacs bottles or part thereof, to be bottled in prescribed capacities, as mentioned in the said declaration and the same shall be deposited by the licensee in advance.
Provided that in case the actual number of bottles, to be bottled in the excise year is about to exceed the number of bottles mentioned in the declaration, the licensee shalt submit an additional declaration for the same and shall deposit additional amount of renewal fee calculated as above in advance.
Provided further that amount deposited as renewal fee shall not be refundable or adjustable in any case.
Provided further that rupees 2,00,000/- will be the minimum renewal fee for CLB-1 or CLB-2 licenses.
Provided further that a franchisee fee equivalent to half of the renewal fee and the additional franchisee fee calculated on the basis of additional renewal fee if any, shall also be payable for renewal of C.L.B-2 license.
8. Amendment of Rule 8- Every licence granted in form C.L.B-1 and C.L.B-2 shall be subject to the following terms and conditions-
(1) the Licensee shall carry the operations of bottling in the premises which is previously approved by the Excise Commissioner or officer authorized by him and duly endorsed on the License. This premises shall not be used for any other purpose except for bottling and storage of country liquor;
(2) the Licensee shall make no addition or alterations in the said premises without the previous approval of the Excise Commissioner. All such additions and alterations shall be shown in the plan and blue print filed by him;
(3) bottling shall be conducted in separate room(s) set apart for the purpose. The Licensee shall erect bottling vats in bottling room(s) for storage of liquor. He may setup in the bottling room(s) such apparatus for filtration, bottling and processes connected there with as may be necessary;
(4) bottled liquor shall be stored in separate room(s) ;
(5) every room shall bear on the outside a board on which shall be painted legibly the purpose for which the room is used;
(6) Blending or Reducing is prohibited except under and in accordance with the special permission of Excise Commissioner;
(7) addition of any flavoring or coloring material or any other substance in country liquor is prohibited except under and in accordance with the special sanction of the Excise Commissioner;
(8) in special circumstances, a bottling hall approved by the Excise Commissioner for bottling of Indian Made Foreign Liquor, can also be used for bottling of country liquor with prior permission of Excise Commissioner provided that in any case at the time of bottling of country liquor, bottling of Indian Made Foreign liquor shall not be carried out;
(9) the licencee shall bottle country liquor in bottles or other containers of such capacities and strength as are prescribed by the Excise Commissioner with the previous approval of the State Government;
(10) the licencee shall comply with the directions issued by the Excise Commissioner in respect of bottles or other containers used for bottling of country liquor
(11) The words “UPE” along with the last two digits of the year shall be overprinted on the label of glass or pet bottles including tetra pack;
(12) immediately after the bottles have been filled up, they shall be corked, capsuled, labeled and affixed with security code before removing to the room for storage of bottled liquor. A distinctive serial number to be known as the batch number shall be assigned to each bottling operation and this batch number shall be noted on the label. A digital record will also be maintained and submitted online on designated portal of Excise Department daily;
(13) labels on the bottles shall be so affixed as to be easily distinguishable. No label shall be pasted over the words, letters and figures molded or sand blasted thereon.
(14) the licensee shall print the maximum retail price on the label of country liquor to be sold in Uttar Pradesh which shall be easily visible;
(15) bottling unit shall make all such arrangements as prescribed in solid Waste Management Rules, 2016 for recycling and management of solid wastes.
9. Application of the security code-The licensee shall apply security code as approved by Excise Department on each carton (case) and bottle or any other container, immediately after bottling and before issuing country liquor as a proof of payment of consideration fees. All these records will also be maintained in the digital form and submitted daily online on designated portal of Excise Depa1tment. The 1icensee shall make all necessary arrangements for compliance of directions issued by the Excise Commissioner in this regard.
10. Bottling operation- Bottling operation shall be subject to the following conditions: -
(l) no bottle shall be filled with liquor except in the joint presence of the Excise Inspector and a representative of the licensee and under watch of CCTV Camera with IP Address. Bottling can be done continuously as per requirements;
(2) the Excise Commissioner shall decide the strength of Excise personnel necessary for the proper supervision of the operations connected with bottling and his decision shall be binding on the Licensee:
(3) the Licensee shall provide quarters to the Excise staff to the satisfaction of the Excise Commissioner in the vicinity of the bonded warehouse for bottling of country liquor at a rent not exceeding ten percent per month of the salary of each member of the staff;
(4) The Licensee shall be bound to keep the quarters and their appurtenances in proper repair and not to interrupt or annoy any officer residing therein, in his use or enjoyment thereof. If residential facility is not available with the Licencee then he shall arrange accommodation in nearby locality or town according to post and pay the rent thereof. In case of dispute of place sufficiency of accommodation or rent, the matter shall be referred to the Excise Commissioner and his decision shall be binding on all concerned;
(5) the Excise inspector in-charge of bonded warehouse for the bottling of country liquor will, unless otherwise directed, work under the supervision of and correspond with the Assistant Excise Commissioner of the distillery.
Regarding all ordinary matters of the bottling operation, the licensee should, in first instance, apply to the Excise Inspector in-charge who will, if necessary, secure higher orders;
(6) the shift and hours of attendance of the inspectors posted to a bonded w a r e h o u s e for the bottling of Country liquor will be fixed by the Assistant Excise Commissioner;
(7) operation connected with bottling shall be conducted in separate rooms called bottling rooms set apart for the purpose within the premises near the country liquor store. ln these rooms the licensee may set up such apparatus for filtering, bottling and processes connected therewith as may be necessary. Jn the bottling rooms vats shall be erected for the storage of country liquor. Bottled liquor shall be stored in separate rooms.
All the rooms shall be well ventilated. The windows and ventilators shall be securely barred with iron bar embedded in cement and they shall be wire netted with the net having a mesh of not more than 25 mm. Eve1y room shall bear on the outside a board on which shall be painted legibly the purpose for which the room is used. All the rooms shall remain under the separate locks and keys of the licensee and the Excise Inspector;
(8) country liquor required for bottling in n distillery shall be measured out and brought into bottling rooms by a permanently fixed pipe fitted within the liquor store with a cock and fastening for Excise Locks or Digital Locks or such other electronic devices/ means as may be approved by the Excise Commissioner:
(9) the holidays allowed to the Excise Staff posted at the bonded warehouse for the bottling of country liquor are mentioned as below: - Sundays, Republic Day (26 January 1. Good Friday. Mahatma Gandhi’s birthday (2nd October), Independence Day (15 August), Christmas day (25 December), Holi (The day) following the burning of holi), Janmashtami, Dussehra (Principal day) Diwali ( Principal day), Idulfitr (Principal day) Idul-zuha, Moharram (10th day) and Shabe-E- Barat;
Other gazetted holidays shall only be allowed if the Licencee: himself closes down on special grounds with the sanction of the Excise Commissioner.
11. Chemical analysis of country spirit-(l) The Licensee shall provide appropriate number o f bottles of country sprit after filling in bottles of different capacity from each batch free of cost to the Officer-in-Charge of the bonded warehouse for analysis and declaration of the true strength by departmental laboratory or other laboratory authorized by the Excise Commissioner.
(2) In case, any variation is detected in the strength of country liquor of particular batch supplied, the licensee shall be liable to pay the difference amount of Consideration fee leviable on the quantity manufactured in that batch along with a penalty subject to the maximum of two times the difference amount of Consideration fee payable.
12. Conditions of vats and receivers-Vats and receivers in the plant shall be so placed that contents of them may be gauged or measured accurately.
13. Marking and numbering of rooms and vessels-{1) The licensee shall paint the outside wall of every room or place of his plant with color;
(2) The licensee shall also paint and number the vessels and utensils of the bottling plant in such manner as may be directed by the Excise Commissioner.
14. Vessels for storage-No country liquor shall be stored in a bottling plant except in round vessels, each vessel containing country liquor shall bear a serial number painted or engraved there on, and the external part of each such vessel shall be clearly visible.
15. Installation, use and maintenance of electronic devices for bottling and measurement of spirit both by volume and strength at a country Liquor bottling plant-(1) The Bottler shall install automatic /semi-automatic bottling lines in the bottling room to the satisfaction of the Excise Commissioner.
(2) The licensee shall neither alter the dipping place or level of any vessel containing spirit nor use any other means to deceive or mislead the Officer-in-Charge taking the g a u g e of spirit in any vessel.
(3) (a) there shall be at least two Mass Flow Meters at a country country liquor bottling plant, one for receipt of blended country liquor and the other to ensure bottling of potable country liquor at desired strength and measure;
(b) there shall be Radar based Level Transmitters to be mounted on all the storage vats and bottling vats to record the level of country liquor stored in these tanks;
(c) there shall be two electronic bottle counters at a country liquor bottling plant.
The first one shall be installed on the bottling line just after the automatic filling m1it and the second one shall also be on the same line just after the affixation of Security Code. Concerned distillers/bottlers shall install and maintain these bottle counters at country liquor bottling plant at their own cost;
(d) the details of technical specifications and guidelines related to installation and use of Mass Flow Meters, Radar Based Level Transmitters, sensor based electronic bottle counters & other appliances/accessories, and the specified parameters required to be measured, recorded and archived through these devices shall be prescribed in the Standard Operating Procedure (SOP) issued by the Excise Commissioner from time to time;
(e) the licensee of a country liquor bottling plant shall be responsible for regular maintenance of these electronic devices and other allied accessories. The accounts in the country liquor bottling plant showing the quantity and strength of country liquor received in. issued from and remaining in the plant shall be available from these instruments on continuous basis to the officer-in-charge and the officers of the Excise Department. Any malfunctioning of these instruments detected by the Officer-in-Charge of the bottling plant or any inspecting officer, shall be corrected forthwith and the Deputy Excise Commissioner shall also be intimated about this. The operation of the plant may remain suspended till the restoration of these instruments to its designated standard;
(f) the Officer-in-Charge of the bottling plant shall ensure calibration of all the Mass Flow Meters used in the country liquor bottling plant once in a excise year by any accredited institution authorized by the Excise Commissioner and preserve the certificate of such calibration for at least three years.;
(g) immediately on arrival of a consignment at the bottling plant the Officer-in- Charge shall make necessary arrangement to receive the said country liquor through the Mass Flow Meter. The Officer-in- Charge shall record the volume and strength of country liquor, imported or transported, from the data shown by the Mass Flow Meter. The process of fetching data from Mass Flow Meter shall be guided by the SOP as . prescribed. He shall also endorse the volume and strength on the Pass, covering the consignment. One copy of the Pass with the entries of receipt in the form of Excise verification certificate (EVC) shall be immediately returned to the officer, who issued the consignment and the other copy with the entries thereon shall be kept in the plant;
(h) extra Neutral Alcohol or grain extra neutral alcohol or reduced Alcohol in a bottling plant shall be stored in vats or in any other receptacles approved by the Excise Commissioner. All the storage vats and reduction vats shall be mounted with Radar based Level Transmitter to record the level of spirit in tanks as well and there shall be Programmable Logic Controller (PLC) attached to the level transmitter to display the volume of spirit in Bulk liter in accordance with the updated ‘level-volume’ table certified by the authorized authority in this regard.
(4) The licensee shall install these devices within the timeframe fixed by the Excise Commissioner with prior approval of the State Government.
16. Permission for bringing spirit from other distilleries-(1) No licensee shall be allowed to bring spirit in a bottling plant except with a written permission from the Excise commissioner, UP and under the cover of a valid permit/pass. Consignment of spirit issued from the distilleries of the outside state shall be covered under relevant passes of the concerning state, whereas consignment of spirit issued from the distilleries situated within the state shall be covered under passesPD-25 I PD-26;
(2) The licensee shall apply to the Excise Commissioner for grant of a permit for the supply of spirit/ extra neutral alcohol/grain extra neutral alcohol from other distilleries to the bottling plant. Application shall be made in form CLB-20 along with due recommendation of Officer In-charge.
17. Registers and Statements-The officer in-charge of bottling Plant shall ensure to maintain the following registers: - (I) (a) Register in form CLB-4 in which the licensee shall enter the quantity, description and strength of liquor received/issued for bottling;
(b) Register in form CLB-5 in which the licensee shall enter the bottling operation carried on by him;
(c) Register in form CLB-6 in which the licensee shall enter daily account of country liquor bottled and stored in the licensed premises;
(d) Ledger in form CLB-7 in which the licensee shall enter the abstract of all the transactions in the licensed premises;
(e) Register in form CLB-8 in v1hich the licensee shall enter the stock of bulk (unbottled) and bottled liquor at the end of a month;
(f) statement in form CLB-9 showing the storage and bottling wastage;
(g) Application in form CLB-10 for issue of country liquor against advance deposit;
(h) Pass in form C.L.B.-1 covering i s s u e s of country l i q u o r from the bott l ing bonded warehouse to wholesale license (C.L.-2);
(i) Gauge register of vats in form CLB-12;
(j) Vat wise dip book in form CLB-13;
(k) Indent register in form CLB-14;
(1) Daily diary of officer in-charge in form CLB-15;
(m) Inspection book in form CLB-16;
(n) Defect register in form CLB-17.
(o) Register of Advance deposit of consideration fee in form CLB-18;
(p) Daily issue register in form CLB-19.
(q) Application in form CLB-20 for grant of a permit for supply of spirit/ENA from other distilleries to the licensed bottling premises.
(2) The licensee shall also maintain account in the aforesaid registers excluding daily diary of officer in charge in form CLB-15;
(3) These forms shall also be maintained in digital form and submitted daily online on designated portal of the Excise Department.
18. Other Restrictions-Following additional special conditions shall be applicable to bottling of Country Liquor under C.L.B-1 or C.L.B-2 License.
(1) On the last working day of every calendar month, after all the transactions for that day are made, the Excise Inspector in-charge shall take the stock of un-bottled and bottled country liquor or other type of sprit as the case may be, stored in the bottling warehouse, enter into the prescribed register and ascertain the wastage of spirit in the bottling operations and storage in the bonded warehouse;
(2) (a) an allowance up to 0.8% may be made on the total quantity of country liquor stored during a month for actual loss in bottling and storage. The licensee shall be responsible for the payment of consideration fee calculated on the basis of consideration fee leviable for every bulk litre in terms of strength 36% volume/volume on wastage in excess of 0.8% in a month;
(b) when the wastage does not exceed the prescribed limit, no action need be taken by the Officer In-Charge but if an excess is found at the time of monthly stock taking the Officer In-Charge shall submit a statement in form CLB-9 to the Deputy Excise Commissioner of the concerned charge by the fifth day of the next month showing the quantity of actual wastage and the consideration fee to be paid by the licensee on the excess wastage. On receipt of the statement the Deputy Excise Commissioners Hall recover the consideration fee from the licensee at the rate of consideration fee liable on Country liquor;
(c) the State Government shall not be liable for the destruction, loss or damage of any liquor/sprit stored in the bottling bonded warehouse by fire or theft, or by gauging, or proof, or by any other cause whatsoever. In case of fire or other accident, the officer in-charge shall immediately attend to open the premises at any hour by day or night;
(3) Bonded Warehouse for the bottling of country liquor shall be open only for the entrance and exit of persons who have business within it. No one except officers of the Excise department and the superior officer, of other Government Departments, Licensee, his servants and licensed vendors who have come to purchase shall be allowed to enter the licensed premises on any pretext. A register shall be kept in respect of the names of all persons employed by Licensee. All employees of the Licensee shall be approved every year by the Deputy Excise Commissioner of the Charge;
(4) All the persons entering a bonded warehouse for the bottling of country liquor shall be under the orders of the Excise inspectors and other superior officers in respect of their conduct and proceeding within the warehouse and shall be liable to search on their exiting the premises at the discretion of the Excise Inspector and other superior officers;
(5) If it comes to the knowledge of a Licensee that any person employed by him has committed any breach of the excise laws or the engagements entered into by him, it shall be his duty to report the matter to the Assistant Excise Commissioner and to comply with his directions regarding the continued employment of such person;
(6) The Excise Inspector or other superior officers of a bonded warehouse for bottling of country liquor may eject and exclude from the premises any person as to whom he has reason to believe that he has committed or is about to commit any breach of these rules or of the provisions of the Excise Act or who is intoxicated or disorderly. All actions under this rule shall forthwith be recorded by him in writing in his official diary for the information of his superiors;
(7) The Licensee shall be bound by all the general rules for the management of bonded warehouse for bottling of country liquor and for the issue of country liquor there from which may already be in force or which may hereafter be prescribed under the existing Excise law or under any law which may hereafter be enacted or by special orders issued by the Excise Commissioner with regard to bonded warehouse, and shall cause all persons employed by him in the bottling, issue etc. of liquor to obey all such rules;
(8) No country liquor shall be removed except under a pass in form CLB-11 granted by the officer empowered in this behalf. The pass shall be issued on proof of full payment of consideration fee and other fees payable as the case may be. It shall be in triplicate, one copy shall be made over to the licensee to cover the transport and second forwarded to the District Excise Officer of the destination district and third retained for record. A digital record shall also be maintained and submitted daily online on the designated portal;
(9) The entire quantity of bottled country liquor shall be transported in one consignment and shall not be broken in transit and the movement of consignment shall not be deviated from the route specified in the CLB-11 pass, the infraction of this may entail on the licensee imposition of severe penalty as may be prescribed under Act and other relevant rules.
(10) If any licensee is found to be involved in a deceptive and fraudulent use of pass for transiting consignment more than once on the valid pass, the Officer in-charge of distillery, as well as licensee, shall be liable to severe punishment.
19. Issue of Country Liquor- Only bottled country liquor may be issued to wholesale licensee of Country Liquor from the Bonded warehouse of the bottling of country liquor on full payment of consideration fee and other fee payable as the case may be.
Excise Commissioner, Uttar Pradesh.
C.L.B - 1 [RULE 3 (1) (a) (b) & 4] License for the bottling of Country Liquor Register N o . .............................................................................................................
Name of Licensee.................................................................................
Locality ..................................................................................................................
License for the bottling of Country Liquor………………………………………….
After payment of the consideration fee in the premises specified below is granted to ……………of ………………… in the district of................................................for the period from.......................... to ........................ for which license fee rupess 2,00,000 (Two lakh) has been paid in advance subject to the other provisions of the rules relating to the bottling of country liquor, the infraction of any which or a conviction for any offence under the U.P.Excise Act, 1910 or the Narcotic Drugs and Psychotropic Substances Act, 1985 shall render the licensee liable to the forfeiture of his l icence and the security deposit in addition to any of the penalties imposed under the above laws.
Description of licensed Premises.
East......................................West...............................................
North.................................... South..........................................
Geo tagging: - latitude .............................................
longitude..........................................
CONDITIONS
1. The licensee shall not be entitled to bottle country liquor in excess of the quantity as sanctioned by the Excise Commissioner.
2. The licensee shall be entitled to put his own brand name on the labels of the bottles as bottled by him after obtaining approval of the Excise Commissioner, Uttar Pradesh.
3. Coloring, blending, flavouring or reduction of spirit is strictly prohibited in the bottling premises except under and in accordance with the special permission of the Excise Commissioner.
4. The licensee shall make arrangements to overprint the words "UPE", volume and last two digit of the year on the label of glass or pet bottles including tetra pack.
5. The licensee will stock separately his own product after bottling.
6. All technical information will be provided by licensee to the department timely.
7. All the issues shall be made to the wholesale licenses of country liquor of Uttar Pradesh after full payment of consideration fee and other dues.
8. The licensee shall not employ any person as worker who is below 21 years of age or is suffering from any infectious or has criminal background.
9. A technical inspection of C.L.B-1 premises will be done by the competent authority nominated by Excise Commissioner and after finding satisfactory report the bottling shall begin.
10. No bottled country liquor shall be issued from the licensed premises without affixing Security code approved by the Excise Department for sale in Uttar Pradesh.
11. Licensee shall print Maximum Retail Price approved by Excise Commissioner on the labels of country liquor for sale in Uttar Pradesh which will be easily visible.
12. The Licensee shall strictly comply with the rules and regulations relating to the bottling of country liquor and rules pertaining to issue, possession and transport of country liquor as provided in the U.P. Excise Act, 1910 and the rules made there under.
Excise Commissioner, Uttar Pradesh.
ENDORSEMENT OF RENEWAL This license is hereby renewed on the conditions hereinbefore stated for the period stated below:- Period ............................................ .
Excise Commissioner, Uttar Pradesh.
C.L.B - 2 [Rule 3(2) (3) & Rule -4] License for the bottling of Country Liquor Register No ........................... ............................................................
...........................................
Name and Address of Licensee ..................................................
............................................... .
Locality ....................................................................................................... ...............................
.
Licence fee in Rupees ...............................................................................in........................
..words..............................
License for the bottling of Country Liquor after payment of the consideration fee in the premises specified below granted to ............................................. .in the district of.............................................for the period from..........................
to ........................ for which Securi ty of rupees 2,00,000 (Rupees two lakh) has been paid in advance subject to the provisions of the rules relating to the bottling of country liquor, the infraction of any of which or a conviction for any offence under the U.P. Excise Act, 1910 of the Narcotic Drugs and Psychotropic Substances Act, 1985 shall render the licensee liable to forfeiture of his licence and the security deposit in addition to any of the penalties imposed under the aforesaid laws.
Description of licensed Premises.
East.............................................. North........ ............................
West. ............................................. South.............................................
Geo tagging:- latitude..................... ....................... .
longitude ......................................... .
CONDITIONS
(1) The licensee shall obtain on lease the bottling privilege of ...distillery or PD-33 Licensee (mention the name of distiller) before bottling country liquor.
(2) The licensee shall obtain country sprit for bottling as and when required in bulk only from the distillery which has let or assigned its bottling privilege, with payment of duty at the prevalent rates.
(3) The licensee shall not be entitled to bottle spirit in excess of the quantity so let or assigned.
(4) The licensee shall make arrangements to overprint the words "UPE", volume and last two digit of the year on the label of glass or pet bottles including tetra pack.
(5) The licensee shall be entitled to put his own brand name on the labels of the bottles bottled by him after obtaining approval of the Excise Commissioner, Uttar Pradesh.
(6) Coloring, blending, flavoring and reduction of spirit, unless specially permitted by the Excise Commissioner is strictly prohibited in the bottling premises.
(7) The licensee shall strictly comply with the rules and regulation relating to the bottling of Country Liquor and rules pertaining to issue, possession and transport of Country Liquor as provided in the U.P. Excise Act, 1910 and the rules made there under.
(8) The licensee will stock separately his own product after bottling.
(9) All technical information will be provided by licensee to the department timely.
(10) Bottled country liquor shall be sold by licensee in Uttar Pradesh.
(11) All the issues shall be made to the wholesale licenses of county liquor in Uttar Pradesh after full payment of consideration fee and other dues.
(12) The licensee shall not employ any person as worker who is below 21 years of age or is suffering from any infectious disease or has criminal background.
(13) A technical inspection of C.L.B-2premises will be done by the competent authority nominated by Excise Commissioner and after finding satisfactory report the bottling will have to begin.
(14) The licensee shall not be entitled to bottle liquor in excess of the quantity as sanctioned by the Excise Commissioner.
(15) No bottled liquor shall be issued from the Licensed Premises without affixing Security code approved by the Excise Department for sale in Uttar Pradesh.
(16) Licensee shall print Maximum Retail Price approved by Excise Commissioner on the labels of country liquor for sale in Uttar Pradesh which will be easily visible.
Excise Commissioner, Uttar Pradesh.
ENDORSEMENT OF RENEWAL This license is hereby renewed on the conditions hereinbefore stated for the period stated below:- Period.............................................
Excise Commissioner, Uttar Pradesh.
FORM C.L.B-3 (See Rule-7) To, The Excise Commissioner, Uttar Pradesh.
Sir, I/We...................................................... .......residing at.............................district ...................request to renew the license in Form C.L.B-1/ C.L.B-2 for bottling of Country Liquor accompanied with this application for the next excise year..................
2. I/We hereby declare the particulars of the premises where bottling shall be carried on as given in the table overleaf.
3. I/We agree to abide by the relevant rules, terms and conditions of the license being applied for renewal.
4. I/We have enclosed the proposed site and detailed plan of the bottling premises.
5. I/We hereby declare that no excise license previously held by me/us has been suspended or cancelled or has failed to get renewed owing to a breach of the rules governing the grant of such license.
I/We declare that to the best of my/our knowledge and belief the information furnished herewith is true and complete.
I/We hereby declare that l/We am/are not in arrears of any Excise dues.
Place ....................
Date ...................
Signature of the applicant(s) I/We certify that I have verified from relevant records and have found that there are no arrears of excise dues against the applicant(s).
Signature of the officer in-charge, Name of the Distillery..................
Application for renewal of license to bottle Country liquor.
Table The name of the place and the site on which the bottling premises are situated Brief description (with boundaries) of the premises Description of each main division or sub-division of the bottling premises 1 2 3 FORM C.L.B-4 [See Rule 17 (l)(a)] Register of receipt and issue of country liquor for bottling in the licensed bottling premises at ............ District. ....................
Month and date description of liquor Opening Balance Receipts Quantity in Bulk Lit.
Strength Quantity in Alcoholic Litres.
Name of Distillery from where received No.
of Pass Date of Pass Quantity in Bulk Lit.
Strength Quantity in Alcoholic Litres.
1 2 3(a) 3(b) 3(c) 4(a) 4(b) 4(c) 4(d) 4(e) 4(f) Total of col. 3 and 4 Liquor Issued for bottling Balance at the closing of the day Remarks Quantity in Bulk litres Quantity in Alcoholic Litres.
Quantity in Bulk Litres Strength Quantity in Alcoholic Litres.
Quantity in Bulk litres Quantity in Alcoholic Litres.
5(a) 5(b) 6(a) 6(b) 6(c) 7(a) 7(b) 8 FORM CLB-5 [See Rule 17(1)(b)) Register of bottling operations carried out as in the licensed bottling premises in the distillery at.............District ...................
Date description of liquor Quantity issued for bottling No. of Bottles No. of Vat from which issued Quantity in Bulk Litres Strength Quantity m Alcoholic Litres 1 2 3(a) 3(b) 3(c) 3(d) 4(a) 4(b) 4(c) 4(d) Quantity contained in the bottles filled Balance in hand Wastage in bottling Remarks Bulk Lit.
Strength Alcoholic Litres Bulk Lit.
Strength Alcoholic Litres Bulk Lit.
Alcoholic Litres 5(a) 5(b) 5(c) 6(a) 6(b) 6(c) 7(a) 7(b) 8 FORM CLB-6 [See Rule 17(1)(c)] Register of daily account of country liquor bottled and stored in the licensed premises in the distillery at............. District ...................
Balance in Hand Receipts (Botting done) -2 -3 Month and Date number of bottles (capacity wise) Total in Bilk Litres Strength Total in Alcoholic Litres.
number of bottles (capacity wise) Total in Bilk Litres Strength Total in Alcoholic Litres.
(2-a) (2-b) (2-c) (2-d) (3-a) (3-b) (3-c) (3-d) Total in Hand Issued
(4) (5) number of bottles (capacity wise) Total in Bulk Litres Strength Total in Alcoholic Litres.
number of bottles (capacity wise) Total in Bulk Litres Strength Total in Alcoholic Litres.
(4-a) (4-b) (4-c) (4-d) (5-a) (5-b) (5-c) (5-d) Balance at the closing of the day
(6) number of bottles (capacity wise) Total in Bulk Litres Strength Total in Alcoholic Litres.
(6-a) (6-b) (6-c) (6-d) FORM CLB-7 [See Ru1e 17-(l)(d)] Ledger showing transaction during a month in the licensed premises of bottling in the distillery at............. District ...................Month ...........................
Stock of country liquor remaining at the end of the previous month in bulk/Alcoholic litres Receipt of Country liquor during the present month for bottling Total Columns (1) and(2) in Bulk/Alcoholic Litres Total issue of Country liquor during the month for bottling -1 -2 -3 -4 unbottled bottled total Date Name of distillery Quantity bulk/Alcoholic Litres unbottled bottled total Date bulk/Alcoholic Litres
(a) (b) (c) (a) (b) (c) (a) (b) (c) (a) (b) Total Quantity of Country liquor bottled during the present month Total issues of bottled country liquor made to whole sellers during the month Calculated balance at the end of the present month in Bulk/Alcoholic Litres Actual Balance of Country liquor in hand at the end of the month in Bulk/Alcoholic Litres -5 -6 -7 -8 Date Bulk/Alcoholic Litres Date Bulk/Alcoholic Litres un bottled bottled total un bottled bottled total
(a) (b) (a) (b) (a) (b) (c) (a) (b) (c) Wastage in Alcoholic Litres Remarks -9 In Storage in bottling Total in Alcoholic Percentage
(a) (b) (c) (d) 10 FORM CLB-8 [See Rule 17-(l)(e)] Monthly stock taking of Bulk (un-bottled) country liquor and bottled country liquor in the licensed premises of bottling i n the distillery at .......................... District ...................Month ...........................
MONTHLY STOCK TAKING REGISTER OF UNBOTTLED & BOTTLED COUNTRY LIQUOR A-STOCK OF BULK (UNBOTTLED) COUNTRY LIQUOR Description of Country Liquor Number of Vat Dip Temperature Indication Strength Bulk litre Bulk litre in 36% v/v Remarks
(1) (2) (3) "(4) (5) (6) (7) (8) (9) TOTAL IN Bulk Litre 36% B -STOCK OF BULK (BOTTLED)COUNTRY LIQUOR Description of Country Liquor Number of bottles (capacity wise) Quantity in bulk Litre Quantity in bulk Litre 36% v/v Quantity in Alcoholic Litre
(1) (2) (3) (4) (5) (6) (7) (8) TOTAL IN Bulk Litre 36% Grand total in Bulk Litre 36% FORM CLB-9 [See Rule 17(1)(f)] Statement showing the storage and bottling wastage in the bottling bonded warehouse and the consideration fee payable on the excess wastage of country liquor.
Name of month ....................
Name of Licensee ......................
Stock of Country liquor remaining at the end of the previous month in Alcoholic Litre (Bottled +Unbottled) Total Receipt of country liquor in Alcoholic Litre during the present month for bottling Total of Column
(1) and (2) in Alcoholic Litre Total quantity of country liquor issued during the month in Alcoholic Litre for bottling.
Total issue of bottled country liquor during the present month in Alcoholic Litre Calculated balance of country liquor at the end of the month in Alcoholic Litre 1 2 3 4 5 6 Actual balance of Country liquor at the end of the month in Alcoholic Litre (Bottled +Unbottled) Total wastage in Alcoholic Litre (3-5) Percentage Of wastage (8/3) 7 8 9 Wastage allowed in Alcoholic Litre Excess wastage on which consideration fee is to be paid (9-10) Rate of total consideration fee in Alcoholic Litre (on 36%v/v basis) Amount of consideration fee to be paid remarks 10 11 12 13 14 FORM CLB-10 (Application for issue of Country Liquor against advance deposit) [See Rule 17(1) (g)] No...................................... Dated...................20...
To, The Officer in-charge.
Country Liquor bonded warehouse ..................................distillery.
Sir, Kindly issue a permit for the supply of country liquor as detailed below after deducting the consideration fee against our advance deposit.
Name of Consignee Description of Country liquor Strength Quantity in cases Quantity in B.L.
Quantity in A.L.
Consideration fee
(1) (2) (3) (4) (5) (6) (7) 1- Name of the transporter and address 2- Name of the driver & address 3- Vehicle No.........
4-Name and address of place to which pass to be issued:
5-Important Places En-route:
Yours faithfully, (Signature of authorized person) Dated......................................
FORM CLB-11 [See Rule 17(1) (h)] Pass covering issue of Country Liquor From the bottling bonded warehouse to Wholesale Licenses (CL-2) 1-Pass Number…… Dated Licence Number:
2-Name of Consignor:
3-Name of Consignee:
4-Name and address of place for which pass is issued :
5- Date of Issue: period of Validity:
6-Vehicle No:
7-Transport Agency:
8-Name of vehicle Driver:
9-Details of Route:
10-Important Places En-route:
11-Gross Weight: Tare Weight: Net Weight:
12-Indent Number:
Details As Below:
S. No. Brand wise description of Country Liquor Package (Capacity) Batch No. Quantity and content of Bottles Total Litres in Bulk litre Strength Consideration fee 1 2 3 4 5 6 7 8 Total Cases Total Officer In: charge Country Liquor bonded warehouse ..................................distillery.
FORM CLB-12 [See Rule 17 (1)(i)] GAUGE REGISTER OF VATS No.....................
Table of diameters Wet centimeters Litre One fifth if a centimeter 0 2 4 6 8 FORM CLB-13 [See Rule 17 (1) (j)] Dip Book Date Vat No. Dip Temperature Indication Strength Remarks
(1) (2) (3) (4) (5) (6) (7) FORM CLB-14 Indent register [See Rule 17 (1)(k)] S. No. Name of a person placing Indent License No.
of a person placing Indent Number and Date of Indent Quantity of Indent in Cases according to capacity /Strength Date of supply Remarks (If any) 1 2 3 4 5 6 7 Form CLB-15 [See Rule 17 (1)(l)] Daily Diary of officer in-charge Date No. of Vat Dip Temperature Indication Strength Qty.
in B.L.
Qty.
in A.L.
Remarks Lock Ticket Put on Lock Ticket Taken off FORM CLB-16 [See Rule 17(1)(m)] INSPECTION BOOK 1- Name of the inspecting authority.................................................................................
2- Designation of the inspecting authority................................................................................
3- Date of inspection.......................................................................................................
4- Inspection remarks /report....................................................
Sign. of the inspecting authority FORM CLB-17 [See Rule 17(1)(n)] DEFECT REGISTER S.
No.
Name of Inspecting authority Date of inspection Defects indicated by the Inspecting authority Removal of defect by the officer in charge letter No. & date of reporting the removal of defect Remarks 1 2 3 4 5 6 7 Form CLB-18 [See Rule 17(1) (O)] Register of advance deposit of consideration fee leviable on issue / wastage of Country Liquor in terms of 36%v/v Balance of advance outstanding to the credit of the licensee ... ...
Amount paid in advance as per challan No. ..................dated ... .....
Total ...
Deducted amount of consideration fee leviable on issue / wastage as shown here under Balance carried forward ... ...
Rs. P.
Deposit Deduction on issue /wastage Date Challan No.
Consideration fee Progressive total Date Pass No.
Consideration fee Progressive total Balance (4-8) 1 2 3 4 5 6 7 8 9 Note- In case of actual wastage being found in bottling and storage exceeding the prescribed limit during a month, order passed by the Deputy Excise Commissioner in respect of recovering the consideration fee shall be indicated instead of Pass No. in the Prescription of the above table.
FORM CLB-19 [See Rule 17(1)(p)] Register of daily Issue S. No. Name of Wholesale Licensee to whom issue made Pass No.
& Date Batch No. Quantity in B.L.
Strength Quantity in A.L.
Q.R.
Code series Remarks 1 2 3 4 5 6 7 8 9 FORM CLB-20 [See Rule 17(1) (q)] Application for grant of a permit for supply of spirit/ENA from other distilleries to the licensed bottling premises No...................................... Dated...................20...
To, The Excise Commissioner, Uttar Pradesh.
Sir, Kindly issue a permit for the supply of ........................................Bulk Liter of country spirit of ..............strength from the distillery at ..................... to the bottling bonded warehouse at .................
The stock in hand at the close of yesterday's transaction was ...................B.L.
Necessary details of the supplies required are given as below:
S. No. Name of intoxicant Strength Quantity of spirit in B.L.
Quantity of spirit in A.L.
1 2 3 4 5 1- Name of the transporter and address 2- Name of the driver & address 3- Vehicle No.........
4- Transport Agencies 5-Name and address of place for which permit is to be issued:
6-Important Places En-route:
Recommendation of the Officer In-charge. Yours faithfully, (Signature and Seal of the Officer In-charge) (Signature of authorized person) Country Liquor bonded warehouse ..................................distillery.
Dated.....................................
CLB [See Rule 6] Bond (with security) to be entered into by the licensee of a bonded warehouse for the bottling of Country Liquor.
(Delete the letter and words not applicable) I/We ...........................................................................................(hereinafter called obligor(s) ..................................................am/are jointly and severally .............................bound to the Governor of Uttar Pradesh in the sum of ..............................rupees to be paid to the Governor of Uttar Pradesh for which payment I/We jointly and severally bound myself/ourselves and my/our legal representatives.
Whereas the above bonded obligor(s) has/have obtained a licence for the bottling of country liquor at .........................................................................................................
whereas the Excise Commissioner ,U.P. (hereinafter called the Commissioner) has required the obligor(s) to deposit as security for the amount of this bond, the sum of rupees/the securities as hereinafter mentioned of a total face value rupees...........................endorsed in the Commissioner's favour ,.............and whereas the obligor (s) has/ have furnished such security by depositing with the commissioner the cash securities as aforementioned.
The condition of this bond is that the obligor(s) and his/their legal representative shall observe all the provisions of the U.P. Excise Act, IV, 1910 and rules made there under relating to payment of consideration fees and shall either produce for payment of consideration fees all liquor on which consideration fees has not been paid which is brought into the bonded warehouse for bottling, or shall deposit such country liquor in a store, room of other place of storage approved by the Commissioner under the U.P. Bottling of Country Liquor Rules 2020or any modification thereof or shall otherwise account for to the satisfaction of the Commissioner, such liquor and shall not be removed from the approved premises or from the store room or other place of storage, before the proper consideration fee has been paid, any liquor except as provided for in the rules. If the wastage of country liquor in the bottling operation and storage exceeds the prescribed limit, I/We shall be bound to deposit the consideration fee leviable at the rate per bulk litre of country liquor of 36 % v/v.
And if the obligor (s) or his/their legal representative shall pay into the treasury to the account of the commissioner all dues whether consideration fees or other lawful charges, which shall be demandable from the obligor(s) as shown in the records of the Officer-in-charge, within ten days from the date of demand thereof being made in writing by the said officer.
The obligation shall be void.
Otherwise, and on breach or failure in the performances of any part of this condition, the same shall be in full force.
And the Governor of Uttar Pradesh shall at his discretion, be competent to make good all the loss and damages from the amount of the security deposit or by enforcing his rights under the above written bond or by both. And without prejudice to any other remedy provided by law or by this bond the Governor of Uttar Pradesh may recover all the said dues from the bonded obligor(s)as arrears of land revenue.
I/We declare that this bond is given under the orders of the State Government for the performance of an act in which the public are interested.
Place............ Signature(s) of obligor(s) Date............
Witness........ (1) Address...................(1) Occupation...............(1)
(2) (2) (2) Accepted by me this .................day of ..........................20.........
Excise Commissioner, Uttar Pradesh.
For and on behalf of the Governor of Uttar Pradesh Note. Advalorem stamp consideration fee is payable on this bond by the obligor(s).
Excise Commissioner, Uttar Pradesh