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The Uttar Pradesh Excise Settlement Lcences for Whole Sale of Country Liquor Rules 2002

State Rules of Uttar Pradesh · 191041,174 characters of text

The enactment

Long titleTHE UTTAR PRADESH EXCISE SETTLEMENT LCENCES FOR WHOLE SALE OF COUNTRY LIQUOR RULES
TypeRules
Year1910
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectstaxation, health

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

THE UTTAR PRADESH EXCISE (SETTLEMENT OF LICENCES FOR WHOLESALE OF COUNTRY LIQUOR) RULES 2002 ARRANGEMENT OF SECTIONS 1- Short title and commencement 2- Definitions 3- Period Of Licence 4- Granr Of Licence 5- Application for Grant of Licence 6- Eligibility for licence 7- Issue Of licence 8- Supply of Country liquor 9- Location of licence 10- Area of country liquor sale and maintenance 11- Issue of liquor and transport pass 12- Inspection 13- Maximum retail price 14- Responsibility of wrong entries in record 15- Storage and Prohition of Liquor 16- Suspension Cancellation and Penalties 17- Rescission and saving 18- CL- 2 Form In exercise of the powers under sections 24 and 41 of the United Provinces Excise Act, 1910 (U.P. Act no. 4 of 1910) read with section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act no.l of 1904), the Excise Commissioner, Uttar Pradesh with the previous sanction of the State Government, hereby makes the following rules with a view to amend the Uttar Pradesh Excise (Settlement of License for Wholesale of Country Liquor) Rules, 2002 published vide Excise Commissioner Notification No. 31276/XLicence- 58/2002-2003/dated March 26, 2002:— THE UTTAR PRADESH EXCISE (SETTLEMENT OF LICENCES FOR WHOLESALE OF COUNTRY LIQUOR) RULES 2002

1. Short title and commencement—2. In the Uttar Pradesh Excise (Settlement of Licences for Wholesale of Country Liquor) Rules, 2002,

2. They shall come into force from the date of their publication in the Gazette.

2. Definitions-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) "Additional Consideration Fee’’ means an amount determined by rounding off optimum retail price of country liquor to the next higher denomination of Rs. two and payable at distillery level. Additional consideration fee shall be chargeable by the Distillery fromthewholesalesupplierinadditiontoex-distillery price and which, in turn,shall be chargeable inaddition to wholesale price by the wholesale supplier from the retail licensee of country liquor;

(c) "Company" means a Companyregistered under the Companies Act, 2013;

(d) "Consideration fee"means a feefixed per litre by the State Government under section 30 of the Act according to the strength of the country liquorto be deposited in the Government Treasuryby the licensee before supply of country liquor;

(e) "Country spirit” includes country spirit manufactured from extra neutral alcohol (E.N.A.)of such alcoholic concentration as “25 percent and 36 percent (plain, flavored and spiced)” and 42.8 per cent (plain, flavored and Uttar Pradesh Manufactured Liquor (UPML) containing Masala) is also included, which willhave such alcoholic concentration as may be fixed by the Excise Commissioner from time to timewith the prior approval of the State Government.

(f) "Excise Year" means the financial year commencing from 1st April to 31st March of the next calendar year;

(g) "Family"means and includes spouse (husband or wife), dependent son(s), unmarried daughter(s) and dependent parents;

(h) "Form"meanstheformappendedtotheserules;

(i) ‘Individual’ means a person who is the citizen of India not below the age of twenty-one years at thetime of making application for the grant of licence;

(j) “Licence Fee”means the consideration of grant of licence for exclusive privilege of whole sale ofcountry liquor under section-24 of the Act, payableby the Licensee before the licence is granted to him, on such rates as notified by the Excise Commissioner with the previous sanction of the State Government;

(k) "Licensing Authority" means the Excise Commissioner;

(l) “Partnership Firms” means a Firmregistered under Partnership Act, 1932;

(m) "Portal" means the electronic platform created specificallyforthepurposeofuploadinginformationin the prescribed form with regard to the process of manufacturingliquoruptothestageofitsdistribution;

(n) “Security Amount” means a sum equal to the 1/10th part of the license fee to be deposited through Fixed Deposit Receipt pledged in favour of Excise Commissioner Uttar Pradesh, or through e-payment and refundable after the final settlement of all the claims and dues to the State Government:

Provided that in case of renewal security deposited prior in cash or through National saving Certificate or Bank Guarantee shall be acceptabletill it not is refunded.

(o) "Solvency" meansfinancialeligibilitycriteria set for an applicantapplying for the grant ofwholesale licence;

(p) "U.P. Made Liquor (U.P.M.L.)" includes country spirit manufactured from grain Extra Neutral Alcohol (ENA)havingsuchalcoholic strengthasmaybe fixed by the Excise Commissioner with prior sanction ofthe State Government from time to time.

Note- THE UTTARPRADESHEXCISE(SETTLEMENTOFLICENCESFORWHOLESALEOFCOU NTRY LIQUOR) (SIXTEENTH AMENDMENT) RULES, 2023 3- Period Of Licence –The period of licence shall be for an excise year or part thereof for which the licence has been granted, but the licence can be renewed or extended on the wish of the licensee for the next year on such restrictions and conditions as decided by State Government.

4. Grant of licence

(1)(a) The license for wholesale of country liquor shall be granted on submission of solvency certificate or certificate of owned property issued by authorized Income Tax Valuer bearing net worth not less than the requisite amount of licens fee and payment of license fee preferably through e-payment platform and deposit of security amount through Fixed Deposit Receipt pledged in favour of Excise commissioner Uttar Pradesh, or through e-payment in accordance with the provisions of these rules, in every district in form CL-2 on application of applicant.

(b) The license for wholesale of Country Liquor in Form CL-2 may be renewed by the Deputy Excise Commissioner of the concerned charge with the prior approval of the joint Excise commissioner of the concerned zone subject to the terms and conditions prescribed by the State Government.

The licencee will also have to give a notarized affidavit on a non-judicial stamp paper of Rs.10/- to the effect that:-

(i) he is ready to pay all the dues prescribed for the relevant year and no change has been made in the boundaries of the current premises and place of his licence;

(ii) he has all the qualifications required for the said wholesale licence; and that

(iii) he will operate the current license with full devotion and honesty and will not do anything that may lead to serious irregularities or cancellation of licence. In case of not following the conditions of the licence or acting contrary to the facts mentioned in the affidavit, the renewal will be cancelled and 50 percent of the security amount deposited in relevant year for the licence and the renewal and licence fee deposited for the next year will be forfeited in favor of the State Government.

The licencees of wholesale licenses willing to renew for the next year shall submit the renewal application online, wupload the prescribed affidavit and the No Objection Certificate issued by the concerned District Excise Officer and deposit the renewal fee amount online.

Within 07 working days from the date of receipt of the application, the licensing authority or the authorized authority shall take a decision on renewal and direct the concerned interested licencee to deposit the prescribed license fee amount for the concerned license within 03 working days. The difference in the security amount may be deposited by the licencee within 15 days from the date of approval of renewal. If the difference in the security amount is not deposited within the prescribed period, a fine of Rs.2000/- per day shall be levied. Only a period of 15 days including the fine shall be allowed for depositing the difference in the security amount and if the difference in the security amount is not deposited even within this additional period, the remewal shall be cancelled.

If the licencee does not follow the procedure prescribed above or does not deposit the difference in the security amount within the allowed time or does not comply with the affidavit submitted by him, his renewal will be cancelled and 50 percent of his security for the relevant year and the renewal fee for the mext year will be forfeited to the State Government.

In case of renewal security deposited prior in cash or through National Saving Certificate/Bank Guarantee shall be acceptable till it is not refunded and the solvency certificate or certificate of owned property issued by an income tax valuer during the settlement of previous year shall be acceptable if it is valid and is for the required amont.

(2) The Licensee shall not be permitted to transfer or sublet the licence to any other person.

Note:- THE UTTAR PRADESH EXCISE (SETTLEMENT OF LICENCES FOR WHOLESALE OF COUNTRY LIQUOR)(SEVENTEENTH AMENDMENT) RULES, 2025 5-Application for grant of licence- Application for grant of licence shall be made online through the portal prescribed by Excise Commissioner .

Note- UTTAR PRADESH EXCISE (SETTLEMENT OF LICENCES FOR WHOLESALE OF COUNTRY LIQUOR) (FIFTEENTHAMENDMENT) RULES, 2022

6.Eligibilityfor Licence-

(1) Licensesforshopsofwholesaleofcountryliquor for every district may be given to distilleries producing country liquor.

(2) One or more licence for shops of wholesale of country liquor for every district may also be givento the following:

(a)AresidentofIndia.

or À partnership firm not having more than two partners who shall be citizens of India.

(3) No change in partnership will be allowed afterthe license is granted, but if the license has been obtained by a person, then in case of his death,as per the nomination affidavit (if any) given by the licensee, the name of the partner will be changed.

Names of close relatives, if not otherwiseineligible,willbe consideredasperthe orderofpreference mentionedinthenomination affidavit for continuing as license holder for the remaining period of the license.

Provided that in case of non-availability of nomination affidavit of the deceased licensee, his legal heir may continue to be the licensee for the remaining period of the license. If the license is jointly obtained by two persons, then in theevent of death of one of the persons, thesurviving person and the nominee or legal heirof the deceased licensee selected as above, if otherwise eligible, shall continue to be the licensee for the remaining period of the license. There will be no distinction between the legal responsibilities of both the persons and both will be jointly and severally liable.

(4) The applicant has not been a defaulter/ blacklisted for the excise dues or debarred from holding and excise license under the provisions of any rules made under the Act.

(5) (i) The applicant does not possess any licence for retailsaleofcountryliquor,foreignliquor,beerand model shop in the State.

(ii) Applicant shall be bearer of solvency certificate or certificate of owned property issued by authorized Income Tax Valuer and his solvency shall not be lessthanthe amount equivalent to the licence fee of concerned licence.

(6) The applicant shall submit an affidavit duly verified by Notary public as proof of the following,namely:-

(1) That he possesses or has an arrangement fortaking on rent a suitable premise in that locality for opening the shop in accordance with the provisions of Uttar Pradesh Number and Location of Excise Shop Rules, 1968 as amended from time to time;

(II) That his proposed premises of the shop have not been constructed in violation of any Law or Rules;

(III) That he and his family members and managers/ Directors of the distillery possess good moral characterandhavenocriminalbackgroundnorhave been convicted of any offence punishable under United Provinces Excise Act, 1910 or Narcotic Drugs. and Psychotropic Substances Act, 1985 or any other cognizable and non-bailable offence;

(IV) That the applicant shall furnish a charactercertificate issued by the District Collectoror Superintendent of Police/Senior Superintendent of Police of the concerned district or an officer not below the rank of assistant commissioner of police nominated by the police commissioner of the concerning police Commissionerate of the district , which he is the resident showing that he as well as his family memberspossess good moral character and have no criminal background or criminal history;

(v) That he shall not employany salesman orrepresentative who has criminal background as mentioned in sub- clause-(iii) or who suffers from any in fectious diseases or is below21 years of age or a woman. Licensee shall have to obtain Naukarnama bearing photographs of his authorized salesman/ representative, from Excise Commissioner/ officer authorizedby Excise Commissioner on payment of fee asprescribed by the State Government from time totime and itisessential to produceon demand of investigation officers;

(VI) That he is not in arrear of any Public dues or Government dues;

(VII) That he is solvent and has the necessary funds or has made arrangements for the necessary funds, for conducting the business, the details of which shall be made available to Licensing Authority if required.

Note- THE UTTARPRADESHEXCISE(SETTLEMENTOFLICENCESFORWHOLESALEOFCOU NTRY LIQUOR) (SIXTEENTH AMENDMENT) RULES, 2023

7. Issue of licence Licences shall be in theformC.L.-2and shallbe granted district wise on payment of license fee preferably through e-payment platform and deposit of security amount through Fixed Deposit Receiptpledged in favour of Excise commissioner Uttar Pradesh, or through epayment as fixed by the State Government from time to time.

Note- Uttar Pradesh Excise (Settlement of Licences for Wholesale Sale of Country Liquor) (Sixteenth Amendment) Rules, 2023

8. Supply of country liquor The Licensee shall procure supplies of country liquor in bottles/tetra packs of the prescribed capacity having security code as approved by the Excise Department as a proof of the payment of consideration fee applied on them, from distilleries who are licensed manufacturers of country liquor or in special case from bonded warehouse of country liquor i.e. BWCL-1 established in Uttar Pradesh by distilleries of other states after full payment in advance through e-payment platform of excise duty and such other levies or taxes as leviable from time to time.

Note- Substituted by Uttar Pradesh Excise (Settlement of Licenses for Wholesale Sale of Country Liquor) (Thirteenth Amendment) Rules, 2020

9. Location of licences Wholesale shops shall be opened, in accordance with "Uttar Paradh Excise (number and location of excise shops) Rules. amended from time to time. at the district head narters or in the warehouse of the excise department at the headquarters of the excise inspector concerned or in the premises approved by the district excise officer.

Note-THE UTTAR PRADESH EXCISE (SETTLEMENT OF LICENCES FOR WHOLESALE OF COUNTRY LIQUOR) RULES, 2002

10. Area of country liquor sale and maintenance of registers

(1) Wholesale Licensee in form CL-2 shall be entitled to sell country liquor, subject to the conditions of his licence to-

(1) Licensees of retail sale of country liquor of the District;

(II) Retail Licensees of nearby Districts with prior permission of the Excise Commissioner as per prescribed process of the State Government after deposition of additional license fees;

(III) Wholesale Licensees of other districts of the Uttar Pradesh with prior permission of the Excise Commissioner:

(IV) Licensee shall also maintain registers, passbooks. stock registers and other records in electronic format on Uttar Pradesh Excise online portal approved by the Excise Commissioner and on demand shall submit within prescribed time limit all information in electronic format to the Licensing Authority or the Officer authorized by him:

(V) On receipt of indent, submitted by retailer, along with the price of country liquor including all duties, taxes and cess deposited preferably through e-payment platform wholesale Licensee shall record on the indent the date and time of receiving the indent and he shall be bound to supply country liquor within forty-eight hours from the time of receipt of indent. In the event of failure of supplies to retail Licensee as above the security deposit of the concerned wholesale Licensee shall be liable to be forfeited and his Licence shall be liable for cancellation. In case of licence being cancelled, he shall also be blacklisted and debarred from holding other excise licenses;

(VI) All supplies to wholesale shops from distilleries or other wholesale shops or BWCL-1 shall be under electronically generated transport pass prescribed by the Excise Commissioner for the purpose. All entries of receipt and supply shall be made by Licensee in the records prescribed for thepurpose;

(VII) The entries of daily issues from the wholesale shops shall be made in the register prescribed by the Excise Commissioner, (VIII) Abstract of daily account of opening balance, receipts, total, sale and closing balance shall be maintained in electronic format prescribed by the Excise Commissioner and also uploaded on the U.P. Excise online portal:

(IX) Strong or mild country liquor of prescribed strength, volume, brand and type of packaging (glass/pet bottle) shall be sold only in sealed bottles having Security Code as approved by the Excise Department affixed on them in the same condition as received from the distillery or other wholesale shops or BWCL-1:

(X) Distiller/Wholes...or shall make arrangement to collect and destroy pet bottles used in supply of country liquor to control environment pollution.

Note- Substituted by Uttar Pradesh Excise (Settlement of Licenses for Wholesale Sale of Country Liquor) (11th Amendment) Rules, 2019

11. Issue of liquor and transport pass- (I) Entries of all issues from wholesale shop to country liquor recipient retail shop shall be made in the retailer's passbook prescribed by the Excise Commissioner. Entries in the passbook shall be made and signed by wholesale Licensee or salesman authorized by him and duly approved by District - Excise Officer. For transport of country liquor, wholesale Licensee shall prepare computer generated - transport pass in the form prescribed by the Excise Commissioner in triplicate and upload on Uttar Pradesh Excise online portal. The first copy of the transport pass shall be handed over to the Licensee purchasing country liquor and second copy shall be made available to the District Excise Officer of the concerned district latest within twenty-four hours. Wholesale Licensee shall retain the third copy of the transport pass for his record.

(II) Licensee shall maintain a daily shopwise register prescribed by the Excise Commissioner and shall send periodic returns of indents received and total issues made in prescribed electronic format. to the District Excise Officer. In case of issues to retail Licensee of other, districts of the charge or Zone in State the Licensee shall also send a copy of the above statement to the District Excise Officer concerned on the same day and obtain a receipt, thereof and upload - it on Uttar Pradesh Excise online portal. Licensee - shall not make overwriting or use of corrective fluid to erase any entry in any record.

(III) In case of more than one wholesale licensee in any district the State Government may fix the limit of lifting from any one wholesale licensee.

Note- Substituted by Uttar Pradesh Excise (Settlement of Licenses for Wholesale Sale of Country Liquor) (11th Amendment) Rules, 2019

12. Inspection Any Excise Officer, not below the rank of an Excise Inspector. shall be allowed every facility for examining the accounts and checking the stock of liquor whenever he visits the wholesale shop.

Note-THE UTTAR PRADESH EXCISE (SETTLEMENT OF LICENCES FOR WHOLESALE OF COUNTRY LIQUOR) RULES, 2002

13. Maximum retail price The Excise Commissioner, with prior sanction of the State Government, may fix the maximum wholesale price of bottles of country liquor. The Licensee shall not charge from retailers more than the maximum wholesale price fixed by the Excise Commissioner.

Note-THE UTTARPRADESHEXCISE(SETTLEMENTOFLICENCESFORWHOLESALEOFCOU NTRY LIQUOR) RULES, 2002

14. Responsibility of wrong entries in record- The wholesale Licensee shall be fully responsible for the correctness and authenticity of entries made by him or his salesman in accounts, registers and records through electronic means and he shall be responsible for making good any loss of revenue caused due to incorrect entries.

Note-THE UTTAR PRADESH EXCISE (SETTLEMENT OF LICENCES FOR WHOLESALE OF COUNTRY LIQUOR) (TENTH AMENDMENT) RULES, 2018

15. Storage and Prohibition of Liquor-

(a) Wholesale Licensee shall store country liquor in the approved premises only.

(b) Wholesale Licensee is not permitted to dilute, blend or colour liquor or keep any colour, essence or security code in his Licensed premises.

(c) Operation of licence shall be done by the Licensee himself or through his authorized salesman duly approved by District Excise Officer. Licensee shall be held responsible for any breaches of these rules or irregularities committed by his authorized salesman.

Note-THE UTTARPRADESHEXCISE(SETTLEMENTOFLICENCESFORWHOLESALEOFCOU NTRY LIQUOR) (TENTH AMENDMENT) RULES, 2018

16. Suspension, cancellation and penalties.

(1) Licensing Authority may suspend or cancel the Licence and forfeit the security money–

(a) if any bottle/tetra pack or container of country liquor is found in the Licensed premises on which excise duty has not been paid and which does not carry the Security code duly approved by the Excise Department as a proof of payment of duty;

(b) if any other kind of liquor or intoxicating drug for which licence is not granted is found in the Licensed premises;

(c )If Licensee charges from retailers of country liquor more than the maximum wholesale price fixed by the Excise Commissioner;

(d) if any unauthorized security code making apparatus, spirit, colour, essence etc. is found in the Licensed premises.

(e) if Licensee has madeincorrect or fraudulent entries in records which resulted in loss of revenue;

(f) ifit is proved that the wholesale licence has been sublet or transferred;

(g) ifany liquor or intoxicating drug is found in the possession of the Licensee against the provisions of the Act or rules;

(h) if the assertions made in the affidavit or in the application form submitted by the Licensee at the time of application are found incorrect, false or misleading;

(i) if it is found that the licence has been obtained in a fictitiousname or the Licensee is holding the licence on behalf of some other person;

(j) ifLicensee fails to supply country liquor according to demand of strength, volume, brand and packing type within forty-eight hours of the receipt of indent for supply of country liquor along-with price including duty, other taxes and levy deposited under epayment platform.

(k) if licensee violates any of the conditions mentioned in the licence form.

(l) if any stock is found without bar code/ Q.R code in the licencedpremise.

(m) if any adulteration with water or any other substance/dilution of liquor mixing of low category liquor with high categoryliquor is found in licence premises. Action under other relevant provisions of law shall also be taken.

(2) In case irregularities mentioned in sub-clause (1) are found the Licencing Authority shall immediately suspend the licence and issue a show cause notice for cancellation of licence and forfeiture of security amount, consider the objection and give personal hearing to the Licensee if desired. Thereafter Licensing Authority shall pass suitable orders as it deems fit.

(3) The licensing authority shall also recover the loss of revenue caused due to incorrect entries or irregularities committed by theLicensee or his salesman from the Licensee after observing procedure of sub-rule(2).

(4) In case of compoundablebreaches at wholesale licenses, minimum compounding fee shall be imposed as follows– S.no Type of violation For first time ( in Rs.)

For second time (in Rs.)

For third time (in Rs.)

1 2 3 4 5 1 Providing inducement to retail licencee for increasing sale.

10000 20000 50000 2 Stock not found according to account.

20000 30000 50000 3 Proper indent register not maintained.

10000 20000 50000 4 Not putting up board out side licenced premise.

Necessary information not written on the board.

10000 15000 20000 5 Proper arrangement of CCTV not found or CCTV not functioning 10000 20000 30000 6 Inability to supply in prescribed time period.

20000 40000 50000 7 Minimum assessed stock not found.

20000 30000 50000 8 Inability to produce licence.

5000 10000 30000 9 Operation of licence by unauthorized sales man.

5000 10000 20000 10 Proper arrangement of cleanliness not found.

5000 10000 15000 11 Premises not found approved.

10000 25000 50000 12 Extension of premises without permission.

10000 20000 30000 13 Not sending retail shop wise monthly supply report in brand wise, 10000 20000 50000 capacity wise, strength wise and packaging wise.

14 If stock register is not produced when asked for 20000 25000 30000 15 If stock register is found incomplete.

10000 15000 20000 16 If liquor issued to any one particular shop is found in another shop due to bonafide reasons.

25000 50000 Proceeding of cancellation of license.

17 Any other irregularity, which is not mentioned under serial-01 to 16.

2000 5000 10000 In case of compoundable irregularities, officers of the rank of Deputy Excise Commissioner and above shall be entitled to compound the irregularity and accept the compounding fees.

Note- Substituted by Uttar Pradesh Excise (Settlement of Licenses for Wholesale Sale of Country Liquor) (Thirteenth Amendment) Rules, 2020 CL-2 (Licence for Wholesale vend of Country Liquor in a District) (Rule 2(e)) Photo of Applicant Photo of Co- Applicant Latitude/Longitude of C.L.-2 premises….

1. Licence number:

2. District:

3. Name, Full address and Aadhar Number of the Licensee(s):

(i)..................................................

(ii)..................................................

4. No. of CL-2 Licence Photo of Licensed Premises

5. Licence Fee-(Rs.):............ in figures .................................. in words

6. Security deposit(Rs.):............ in figures .................................. in words

7. Location of the licensed premises:Locality & house number…… Tehsil Police station North South East West

8. Names, address and aadhar number of authorized Salesmen

1.

2

3.

4.

Licence for the wholesale vend of "spiced" strong Country Liquor at a fixed strength of 42.8% v/v, 36% v/v and plain/spiced mild country liquor at a strength of 25% v/v in bottles/tetra packs having capacities of 200ml is hereby granted to above licence holder(s), at……………...…(place) in P.S………………..Tehsil………………….in the district of ………………….. w.e.f.

from………….…. to March 31st, 20…… for which licence fee and security has been paid in accordance with rule-7.

The licence is subject to the following terms and conditions, the infraction of any of which or violation of the provisions of rule-16 or a conviction for any offence under the U.P. Excise Act, 1910 or Narcotic Drugs and Psychotropic Substances Act, 1985 shall make the Licensee(s) liable for cancellation of the Licence and forfeiture of security deposit in addition to any penalties imposed under the relevant laws.

Terms and Conditions 1 The Licensee shall procure supplies of country liquor in pet /glass bottles/tetra packs of the prescribed capacity having security code as approved by the Excise Department as a proof of the payment of consideration fee applied on them, from distilleries who are Licensed manufacturers of country liquor or in special case from Bonded warehouse of country liquor i.e, BWCL-1 established in Uttar Pradesh by distilleries of other states after full payment in advance through e-payment platform of excise duty and such other levies or taxes as leviable from time to time.

2. The Licensee shall not charge more than the prescribed Maximum Wholesale Price of country liquor and additional licence fee as fixed by the Excise Commissioner, from the retailer.

3. The Wholesale licensee under the provisions of the licence may sell country liquor to retail licensee of the district or other districts in accordance with the provisions of sub-clause (I),(II) and (III) of rule-10.

4. Issue of country liquor to the wholesale vendor shall be under pass P.D.-25A.

Computer generated passes and records of all such issues shall be maintained in the prescribed register.

5. Licensee shall enter all the indents received from the retailer including the demand of the retail licensee, date and time of the indent and quantity issued in the register prescribed by the Excise Commissioner and also upload such information on the website upexciseonline.in

6. The licensee or the authorized salesman of the licensee shall enter day to day issues of country liquor to the retailer in the prescribed sale register and also make entries in the passbook of the retailer and which shall also be uploaded online on the website of upexciseonline.in through MIS (Management Information System).

7. The day-to-day account of opening balance, receipt, sale and closing balance of country liquor shall be maintained daily in the stock register.

8. The licensee shall be liable to supply the country liquor according to terms and conditions in rule-8 of rules 2002 (as amended) within 48 hours of receiving the indent, along-with the cost of country liquor inclusive of consideration fee and other taxes etc. In case the licensee fails to supply the country liquor, his security deposit shall be liable to be forfeited and the licence shall be liable for cancellation.

9. The Licensee shall maintain a shop-wise register of the daily indents received and total issues made in respect of the indents and also upload on the specified website of the Excise Department of Uttar Pradesh.

10. The licensee shall prepare and issue computer generated transport pass in triplicate in the form prescribed by the Excise Commissioner in accordance with the provisions of rule-11, in which name of the retailer, date of issue, purchased quantity and the consideration fee involved shall be entered.

11. The country liquor shall be stored in the licensed premises only. Licensee shall not extend premises without permission.

12. The licensee would only store pet/ glass bottles/ tetra packs of country liquor having security Code approved by the Excise Department, in the licensed premises and no other intoxicating liquor or drug shall be stored in the licensed premises.

13. The licensee shall not keep any unauthorized liquor or intoxicating drug in his possession.

14. Wholesale vendor is prohibited from undertaking any bottling, blending or coloring of liquor and he shall not keep any instrument for this purpose in his possession.

15. Licensee shall not tamper with the labels, capsule seals or security code affixed on the bottles kept in the licensed premises.

16. The licenced premises shall remain open for sale from 8:00AM to 8:00PM except on 14th April (Ambedkar Jayanti), 15th August (Independence Day), 02nd October (Gandhi Jayanti) 26th January (Republic Day), and any other day notified by the District Magistrate. District Magistrate can order closure of shop under relevant laws for reasons related to law and order or general elections. No compensation will be payable for closures for above mentioned reasons.

17. Licensee shall affix a conspicuous signboard at the entrance of the shop approved by Excise Commissioner displaying the name of the licensee, location of the licence, period of licence and such other information as prescribed by the Licensing Authority in bold letters. The signboard will also display the following information :- “Consumption of liquor is prohibited outside near the premises of shop or at public places. Any contravention in this regard shall be punishable.”

18. The licensee shall provide all possible assistance and shall produce all documents and records required by the inspecting authority.

19. The licensee shall abide by such other general or specific orders as are issued by the Excise Commissioner from time to time.

20. The licensee shall not employ any salesman below twenty-one years of age or who has criminal background or suffers from any infectious diseases or a woman.

Licensee shall have to obtain Identity Cards bearing photographs of his authorized salesman / representative from District Excise Officer.

21. The licensee shall install active C.C.T.V. Cameras near opening gate and within godown of licensed premises which could easily be monitored from Excise Headquarters through I.P. Address.

22. The licensee shall also make necessary arrangement for Security System apart from installation of fire fighting instrument in the premises of godown.

23. Consignments of country liquor from distilleries of U.P. or BWCL-1 licenses of other states settled in Uttar Pradesh other states shall be transported only through the vehicles fitted with Global Positioning system.

24. The licensee shall not have any licence for the retail sale of Country Liquor, Foreign Liquor, Beer and Model Shop.

25. Shop wise, capacity and strength wise, brand wise, and packaging wise details of PET/Glass bottles and tetra packs lifted shall be uploaded on the specified portal.

26. Licensee shall not provide any inducement for increasing own sale

27. Indents of retail licensees shall be disposed off on first come first serve basis.

28. Licensee shall keep a minimum stock equivalent to one week requirement.

29. Licensee shall arrange to receive payments for sale through electronic payment platforms such as debit card, credit card, BHIM, RTGS, NEFT and other similar means along with cash.

30. Licensee shall employ computer operator for maintenance of records.

31. Licensee shall be responsible for affixation of photographs, and depiction of latitude and longitude of location of the licensed premises, names and addresses of salesmen after attestation by the District Excise Officer and submission of an attested copy of the licence within a week to Excise Headquarters.

32- Licencee shall ensure lifting of liquor from his godown premisis in sealed cartons after scanning of security code on them .

Date:.............

Licensing Authority EXCISE COMMISSIONER, UTTAR PRADESH.

Note- Substituted by Uttar Pradesh Excise (Settlement of Licenses for Wholesale Sale of Country Liquor) (Sixteenth Amendment) Rules 2023 • Note • Uttar Pradesh Excise (Settlement of Licences for Wholesale Sale of Country Liquor) Rules, 2002 published in Uttar Pradesh Gazette, Extraordinary, Part-1, Section (a) dated 26 March 2002 and issued under Excise Commissioner, Uttar Pradesh's Notification No.

31276/Ten-58/Licence/2002-03 dated 26 March 2002, have been amended by the following rules- • First Amendment - Uttar Pradesh Excise (Settlement of Licences for Wholesale Sale of Country Liquor) (First Amendment) Rules, published in Uttar Pradesh Gazette, Extraordinary, Part-1, Section (a) dated 27 October 2006 and issued under Excise Commissioner, Uttar Pradesh's Notification No. 20017/Ten-Licence-58/2006-2007 dated 27 October 2006 2006.

• Second Amendment - Uttar Pradesh Excise (Settlement of Licences for Wholesale Sale of Country Liquor) (Second Amendment) Rules 2007, published in Uttar Pradesh Gazette, Extraordinary Part-1, Section (a) dated 28 June 2007 and issued under the Excise Commissioner, Uttar Pradesh's Notification No. 15518/10-Licence-58/2007-2008 dated 28 June 2007.

• Third Amendment - Uttar Pradesh Excise (Settlement of Licences for Wholesale Sale of Country Liquor) (Third Amendment) Rules 2008, published in Uttar Pradesh Gazette, Extraordinary Part-1, Section (a) dated 30th March 2008 and issued under the Excise Commissioner, Uttar Pradesh's Notification No. 46817/10-Licence-58/2007-08 dated 30th March 2008.

• Fourth Amendment - Uttar Pradesh Excise (Settlement of Licences for Wholesale Sale of Country Liquor) (Fourth Amendment) Rules 2009, published in Uttar Pradesh Gazette, Extraordinary Part-4, Section (a) dated 13th February 2009 and issued under the Excise Commissioner, Uttar Pradesh's Notification No. 25764/10-Licence-58 dated 13th February 2009.

• Corrigendum- Corrigendum to Notification No. 25764/Ten-License-58 dated 13 February 2009 published earlier under Notification No. 29220/Ten-License 58/Country Liquor Wholesale Rules/2009-10 dated 01 March 2009.

• Fifth Amendment- Uttar Pradesh Excise (Settlement of Licenses for Wholesale Sale of Country Liquor) (Fifth Amendment) Rules 2011, published in Uttar Pradesh Gazette, Extraordinary Part-4, Section (A) dated 31 March 2011 and issued under Excise Commissioner, Uttar Pradesh's Notification No. 30334/Ten-License 58 dated 31 March

2011.

• Sixth Amendment - Uttar Pradesh Excise (Settlement of Licences for Wholesale Sale of Country Liquor) (Sixth Amendment) Rules 20111, published in Uttar Pradesh Gazette, Extraordinary Part-4, Section (a) dated 29th September 2011 and issued under the Excise Commissioner, Uttar Pradesh's Notification No. 15483/10-Licence 58 dated 29th September 2011 • Seventh Amendment - Uttar Pradesh Excise (Settlement of Licences for Wholesale Sale of Country Liquor) (Seventh Amendment) Rules 2013, published in Uttar Pradesh Gazette, Extraordinary Part-4, Section (a) dated 30th March 2013 and issued under the Excise Commissioner, Uttar Pradesh's Notification No. 25183/10-Licence -58/2013-14 dated 30th March 2013.

• Eighth Amendment - Uttar Pradesh Gazette, Extraordinary Part-4. Section (a) dated and published in the Notification Number of the Excise Commissioner, Uttar Pradesh, Uttar Pradesh Excise (Settlement of Licenses for the Sale of Country Liquor) (Important Amendment) Rules. • Ninth Amendment- Uttar Pradesh Excise (Settlement of Licenses for Wholesale Sale of Country Liquor) (Ninth Amendment) Rules 20161, published in Uttar Pradesh Gazette, Extraordinary Part-1, Section (A) dated 22 March 2016 and issued under the Excise Commissioner, Uttar Pradesh's Notification No. 31788/Ten-License - 58/2016-17 dated 22 March 2016 • Tenth Amendment- Uttar Pradesh Excise (Settlement of Licenses for Wholesale Sale of Country Liquor) (Tenth Amendment) Rules, 20161, published in Uttar Pradesh Gazette, Extraordinary Part-4, Section (A) dated 23 March 2018 and issued under the Excise Commissioner, Uttar Pradesh's Notification No. 52021/Ten-License 58/Country Liquor- Wholesale Rules/2018-19 dated 23 March 2018 2018.

• Eleventh Amendment - Uttar Pradesh Excise (Settlement of Licences for Wholesale Sale of Country Liquor) (11th Amendment) Rules, 2019, published in the Uttar Pradesh Gazette, Extraordinary Part-4, Section (a) dated 27 March 2019 and issued under the Notification No. 102567/10-License 58/Country Liquor-Wholesale Rules/2019-20 dated 27 March 2019 of the Excise Commissioner, Uttar Pradesh.

• Twelfth Amendment - Uttar Pradesh Excise (Settlement of Licences for Wholesale Sale of Country Liquor) (Twelfth Amendment) Rules, 2019, published in Uttar Pradesh Gazette, Extraordinary Part-4, Section (a) dated 01 October 2019 and issued under the Notification No. 19455 Ten-License 58/Country Liquor-Wholesale Rules/2019-20 dated 01 October 2019 of the Excise Commissioner, Uttar Pradesh. • Thirteenth Amendment - Uttar Pradesh Excise (Settlement of Licenses for Bulk Sale of Country Liquor) (Thirteenth Amendment) Rules 2020, published in Uttar Pradesh Gazette, Extraordinary Part-4, Section (a) dated 20 April 2020 and issued under the Excise Commissioner, Uttar Pradesh's Notification No. 2131 Ten-License 58/Country Liquor-Wholesale Rules/20- 21 dated 20 April 2020.

• Fourteenth Amendment - Uttar Pradesh Excise (Settlement of Licenses for Bulk Sale of Country Liquor) (Thirteenth Amendment) Rules 2020, published in Uttar Pradesh Gazette, Extraordinary Part-4, Section (a) dated 03-03-2020 and issued under the Excise Commissioner, Uttar Pradesh's Notification No. 22553 Ten-License 58/Country Liquor- Wholesale Rules/2021-22 dated 20 April 2020 • Fifteenth Amendment - Uttar Pradesh Excise (Settlement of Licences for bulk sale of country liquor) (Fifteenth Amendment) Rules 2022, published in Uttar Pradesh Gazette, Extraordinary Part-4, Section (a) dated 25th July 2022 and issued under the Notification No. 5897 Ten-License 58/Country Liquor-Wholesale Rules/2022-23 dated 25th July 2022 of the Excise Commissioner, Uttar Pradesh.

• Sixteenth Amendment - Uttar Pradesh Excise (Management of Licenses for Wholesale Sale of Country Liquor) (Sixteenth Amendment) Rules 2024, published in Uttar Pradesh Gazette, Extraordinary Part-4, Section (A) dated 04 April 2024 and issued under the Notification No. 143 Ten-License 58/Country Liquor-Wholesale Rules/2023-24 dated 04 April 2024 of the Excise Commissioner, Uttar Pradesh.

• Seventeenth Amendment - Uttar Pradesh Excise (Settlement of Licenses for Wholesale Sale of Country Liquor) (Sixteenth Amendment) Rules, 2024, published in Uttar Pradesh Gazette, Extraordinary Part-4, Section (a) dated 22 May 2025 and issued under the Notification No. 463 Ten-License 58/Country Liquor-Wholesale Rules/2024-2 dated 22 May 2025 of the Excise Commissioner, Uttar Pradesh.

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