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The Uttar Pradesh Excise Settlement of Licenses for Retail Sale of Bhang

State Rules of Uttar Pradesh · 191036,748 characters of text

The enactment

Long titleTHE UTTAR PRADESH EXCISE SETTLEMENT OF LICENSES FOR RETAIL SALE OF BHANG FIRST AMENDMENT 2020
TypeRules
Year1910
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectstaxation

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.

1. Short title and commencement

2. Definitions –

3. Settlement of licenses for retail sale-

4. Power to fix the number and location of retail shops-

5. Period of licence-

6. Grant of Licence-

7. Application for grant of licence-

8. Eligibility conditions for applicant

9. District Level Committee for Licensing-

10. Selection of licensee

11. Statement of settled shops-

12. Payment of License fee and Security amount -

13. Lifting of Bhang-

14. Payment of monthly installruent of consideration fee and consequences of failure

15. Lifting of Bhang more than minimum guaranteed quantity-

16. Hours of sale and closure of shops

17. Disposal of balance stock left at the expiry of the license-

18. Surrender of license-

19. Adjustment or refund of Advance Deposit of Security-

20. Interim Settlement of shop- OFFICE OF EXCISE COMMISSIONER, PRAYAGRAJ , UTTAR PRADESH.

NOTIFICATION In exercise of the powers under section 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.1 of 1904), the Excise Commissioner, Uttar Pradesh with the previous sanction of the State Government, hereby makes following rules with a view to amend the Uttar Pradesh Excise (Settlement of licenses for Retail Sale of Bhang) Rules, 2019 published vide Notification no.

26743/X-Licence 185 /2018-2019/ dated: January 29, 2019, namely:- THE UTTAR PRADESH EXCISE (SETTLEMENT OF LICENSES FOR RETAIL SALE OF BHANG) (AMENDMENT) RULES Short title and commencement 1.(1)These rules may be called the Uttar Pradesh Excise (Settlement of licenses for Retail Sale of Bhang) Rules.

21. 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)"Annual minimum guaranteed quantity", means the quantity of bhang (in kilogram) as fixed by the Licensing Authority in accordance with the general or specific instructions issued by the Excise Commissioner and guaranteed by the licensee to be lifted by him for the purpose of retail sale during an Excise Year.

However, if any license is granted after the commencement of the excise year then its annual minimum guaranteed quantity shall be reduced proportionately according to the number of days remaining in the excise year;

(c) “Bhang” means the leaves and small stalks of hemp plant (Cannabis Sativa ), known as bhang;

(d)"Consideration fee" means that part of consideration for the grant of license for the exclusive privilege of retail sale of bhang under section 24 of the Act, payable by the person selected as licensee before lifting of bhang for the whole excise year or part thereof on such rates per kilogram as notified by the Excise Commissioner in consultation with the State Government from time to time;

Provided, that if settlement is done in mid-session, the consideration fee 1-UTTAR PRADESH EXCISE (SETTLEMENT OF LICENSES FOR RETAIL SALE OF BHANG) RULES, 2025 shall be in proportion to the remainder part of the Excise Year;

(e) “Daily License fee” means 1/365th part of the fixed licence fee of the whole year;

(f)"Daily Minimum Guarantee quantity" shall be 1/365th part of annual minimum guaranteed quantity;

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

(h)"Omitted "

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

(j) "Form" means the form, appended to these rules;

(k)"Hierarchy" means the descending order of the license fee of shops purported to be the basis for shop allotment through the process of computer based randomization in e-lottery for selection of licensees;

(l) ‘Individual’ means a person who is the citizen of India not below the age of twenty-one years at the time of making application;

(m)"Licensing authority", means the Collector of the District;

(n) "License Fee" means the consideration fee leviable for grant of license for exclusive privilege of retail sale of Bhang under section 24 of the Act, payable by the licensee before license is granted, in addition to consideration fee, for the whole excise year or part thereof on such rates as notified by the Excise Commissioner in consultation with the State Government from time to time;

(o)"Monthly installment of consideration fee" means 1/12thpart of the annual consideration fee fixed by the licensing authority, which shall be payable every month;

(p)"Monthly minimum guaranteed quantity”:- Annual minimum guaranteed quantity shall be divided in 12 equal parts. Quantity obtained as a result of these calculations shall be deemed to be monthly minimum guaranteed quantity;

(q)"Portal" means the specifically created electronic platform where on information in the prescribed form with regard to the process of settlement of retail shops of bhang shall be uploaded;

(r) "Security amount" means 1/6th part of sum of annual consideration fee and the license fee, which shall be deposited in the form of e-bank guarantee pledged in favour of district Excise officer or in such form or manner as may be specified by the excise commissioner and which shall be refundable after final settlement of all claims and dues of the state government:

Provided that in case of renewal, security deposited earlier through cash/e- 1-UTTAR PRADESH EXCISE (SETTLEMENT OF LICENSES FOR RETAIL SALE OF BHANG) RULES, 2025 payment or national saving certificate or bank guarantee or term deposit receipt, shall be acceptable till it is not refunded;

(s)"Solvency" means financial eligibility criteria set for an applicant applying for the grant of retail license, which shall be equivalent to not less than license fee determined for any shop;

(t) "Settlement" means allotment of shops through e-renewal, e-lottery, e-tender as may be specified by the State Government in favour of the applicant and grant of licence for the entire excise year or a part thereof on completion of other formalities. Settlement of shops for the next year can be done before the end of the previous financial years;

(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.

31- Settlement of licenses for retail sale-

(a) Subject to the provisions of these rules and payment of licence fee and security amount, settlement or re-settlement shall be done by granting licence in favour of the applicant selected as per rule 10 for retail sale of bhang for consumption off the premises.

(b)The licence granted under these rules for retail sale of bhang for consumption outside the premises, shall be in form H.M.-1

(c) Bhang shall be sold in loose or in form of grounded pellets. The licensee shall not be allowed to sell more than 120 gram bhang to any person.

41- Power to fix the number and location of retail shops- Number and location of shops shall be fixed by the Licensing Authority under general or specific instructions issued by the State Government or by the Excise Commissioner from time to time. The shops shall be geo-tagged and geo-fenced in order to ensure location of shops. Location of shop shall be as per the provisions of Uttar Pradesh Number and Location of Excise Shops Rules, 1968 as amended from time to time.

51- 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 selection of licensee for next excise year shall be in accordance with the rule 10 of these rules.

1-UTTAR PRADESH EXCISE (SETTLEMENT OF LICENSES FOR RETAIL SALE OF BHANG) RULES, 2025 61- Grant of Licence- The licence will be issued on payment of licence fee and security amount in time as per the provisions of these rules. The licence fee shall preferably be deposited through e-payment platform prescribed by the State Government and the security amount shall be deposited in the form and manner specified by the Excise Commissioner.

It shall be necessary for the licensee to submit the original copy of solvency certificate or asset certificate issued by authorized income tax valuer or a copy certified by any other District Excise Officer where original copy has been submitted in the office of the District Excise Officer of the District from where he has been granted the license.

71. Application for grant of licence-

(a) Whenever settlement of any newly created or unsettled shop/shops is necessary, the licensing authority shall give wide publicity of the shop/shops in daily newspapers under circulation in that area and website of the district and invite applications in the manner specified by the State Government.

(b)List of shops whose license is proposed to be granted by the collector, along with shop wise consideration fee, annual minimum guaranteed quantity, licence fee, security amount shall be displayed in the office of Collector, Tehsil offices, offices of District Excise Officer and office of Deputy Excise Commissioner incharge. This information shall also be displayed on the website of the district.

(c) Applications for grant of licence shall be submitted in the specified manner as per the time-table mentioned in the advertisement given in the newspapers.

Non-refundable processing fee shall be paid online by the applicant against each application at the rate as determined by the State Government.

(d) The last date to be fixed for receipt of application forms shall not be earlier than the date as specified in the advertisement published in any newspapers and the website of concerned district.

81-Eligibility conditions for applicant Applicants for licence shall have to fulfil the following conditions to ensure their eligibility, namely:-

(a) the applicant should be an individual who is a citizen of India.

1-UTTAR PRADESH EXCISE (SETTLEMENT OF LICENSES FOR RETAIL SALE OF BHANG) RULES, 2025 A firm or company having partnership shall not be eligible for grant of retail licence. Similarly, wholesale supplier of bhang shall be also not eligible for holding license of any retail shop.

No change in the status of applicant shall be allowed after allotment of shop.

In case of death of licensee, the names of legal heirs/family members/ close relatives mentioned as nominee in the nomination affidavit (if any) submitted by licensee, if otherwise not ineligible, shall be considered to continue as the licensee for the remaining period of the license, in accordance with the priority mentioned in the nomination affidavit:

Provided that in the absence of any nomination affidavit of the deceased licensee, his legal heir, if otherwise eligible, may continue to hold the licence for the remaining period of the licence;

(b) applicant should be above twenty-one years of age on the first day of the period for receiving application;

c) the applicant should not be a defaulter or his name should not be blacklisted or debarred from holding an excise licence under the provisions of the Act or the rules/regulations made thereunder. Any person who has been convicted of any excise offence shall be debarred from holding a licence unless he is fully and finally acquitted by a competent Court;

(d)the applicant shall be allowed to make only one application in his own name for any one shop. If more than one applications for the same shop of an applicant is found then all additional applications shall be cancelled and the processing fee shall be forfeited;

(e)the applicant shall submit an affidavit duly verified by notary public as proof of the following namely:

(i) that he/she possesses or has an arrangement for taking 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/her proposed premise of the shop has not been constructed in violation of any law or rules;

1-UTTAR PRADESH EXCISE (SETTLEMENT OF LICENSES FOR RETAIL SALE OF BHANG) RULES, 2025

(iii)that he/she and his/her family members possess good moral character and have no criminal background and have not been convicted of any offence punishable under United Provinces Excise Act. 1910 or Narcotics Drugs and Psychotropic Substances Act, 1985 or any other cognizable and non-bailable offence;

(iv)that in case he/she is selected as licensee he/she will furnish a certificate issued by the District Collector or 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 of which he/she is resident, showing that he/she as well as his/her family members possess good moral character and have no criminal background or criminal record prior to issuance of license;

(v)that he/she shall not employ as salesman or representative any person who has any criminal background or who is suffering from any infectious diseases or is below 21 years of age or a woman. The licensee shall obtain from the District Excise Officer a ‘Naukarnama’ bearing photograph of the his/her authorized salesman/ representative after payment of fees as determined by the State Government from time to time;

(vi)that he/she is not in arrear of any public dues or Government dues;

(vii) that he/she 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 the licensing authority if required;

(viii) that he/she is not actively involved, in mafia activities, anti-social activities and organized criminal activities. If even after obtaining the licence, it is proved that he/she is involved in the above mentioned activities, then the license grated to him should be cancelled;

(ix)that applicant is not a registered advocate with the Bar Council. If after obtaining the licence, he is found to be a registered advocate with the Bar Council, then the licence granted to him should be cancelled.

(x)an employee of the Central Government or any State Government shall also be ineligible to submit an application for grant of licence;

(xi) Omitted;

1-UTTAR PRADESH EXCISE (SETTLEMENT OF LICENSES FOR RETAIL SALE OF BHANG) RULES, 2025

(f) Omitted

(g) Omitted

(h)That the applicant is a holder of a Solvency Certificate or a asset Certificate issued by an authorised Income Tax valuer and the value of his/her Solvency Certificate/ Property Ownership Certificate issued by an authorised Income Tax valuer shall not be less than the amount of licence fee determined for grant of licence of the applied shop in the district.

91. District Level Committee for Licensing- There shall be a District Level Committee for selection of licensees for retail sale of Bhang. The committee shall consist of the following members, namely:-

(i) The Collector of the District Chairman

(ii) The Senior Superintendent of Police / Superintendent of Police of the concerning district or an Officer not below the rank of Assistant Commissioner of Police nominated by the Police Commissioner of the concerning Police Commissionerate.

Member

(iii) One Gazetted Officer of Excise Department nominated by the Excise Commissioner Member

(iv) The District Excise Officer of the District Member/Secretary 101- Selection of licensee

(1)(a) The licensee for a shop shall be selected from amongst the three processes of e-lottery, e-renewal and e-tender whichever is/are specified by the State Government for that particular year:

Provided that there shall be no right to a licensee for renewal of licence under section 36-A of the Act.

(a) In case e-renewal is not specified by the State Government for a particular year, the shop wise selection of licensee shall be made through the process specified by the State Government through e-lottery or/and e-tender by inviting online applications. If e-renewal is specified by the State Government but renewal is not requested by the licensee or licensee has been found ineligible for renewal, 1-UTTAR PRADESH EXCISE (SETTLEMENT OF LICENSES FOR RETAIL SALE OF BHANG) RULES, 2022 then in such case also the aforementioned process of e-lottery or/and e-tender will be adopted. District Excise Officer shall scrutinize the applications received online and prepare a list of all admissible and inadmissible applications, describing the reasons of inadmissibility and shall up this list before the District level Committee of licensing as mentioned in rule 9 of these rules for e-lottery and e-tender.

(b) If the shop has been renewed and if the licensee dies after depositing the renewal fee and none of his legal heirs or nominees apply for the operation of the said license or if the legal heir/nominee are not found eligible for the purpose, the amount deposited for renewal except processing fee, shall be refunded in favor of the legal heir.

(2) In case of e-lottery, the shop wise licensee shall be selected from amongst the eligible applicants through computer based randomization process in sequence of country liquor shops, model shops, composite shops and bhang shops categories as per the hierarchy in each category as has been defined in rule 2(1)(k).

(3) In the selection of licensee is done through e-tender, the process of inviting tender/offer shall be specified by the State Government.

(4) Not more than two shops including all categories of country liquor shops, model shops, composite shops and bhang shops shall be allotted to any person in the entire State:

Provided that the aforesaid restriction shall not apply in matters of renewal/mutation in favour of legal heir/family member/close relative:

Provided further that in case two or more shops are renewed or already settled in the State in favour of an applicant, he/she shall not be eligible for further allotment of shops through e-lottery/e-tender.

(5) It shall be mandatory for the person selected as licensee through e-lottery or erenewal or e-tender to deposit licence fee and security within the time schedule and in the manner specified by the State Government and, complete all other specified formalities and make arrangement for appropriate shop premises within the specified time period. In case the person selected as licensee does not comply with the above, the licensing Authority shall cancel the allotment/ licence and shall take necessary steps for the resettlement of the shop as specified by the State Government.

(6) In case there is no application for a particular shop in e-lottery or e-renewal or e-tender process as the case may be, or no candidate is found suitable for the shop, the Licensing Authority shall take immediate steps for resettlement of the shop through the process as specified by the State Government.

1-UTTAR PRADESH EXCISE (SETTLEMENT OF LICENSES FOR RETAIL SALE OF BHANG) RULES, 2025

111.Statement of settled shops- After the settlement of the shop/shops, the District Excise Officer shall send the details of the shop/shops settled within the period specified by the Excise Commissioner to the Excise Commissioner and shall upload the details of the names and addresses of the licensees, geo-tagging of the shops, shop-wise annual minimum guaranteed quantity, detail of annual guaranteed consideration fee, security amount and licence fee deposited, on the specified portal of the Excise Department.

121-Payment of License fee and Security amount - If an applicant is selected as a licensee as per rule 10, he/she shall compulsorily deposit the entire amount of licence fee within three working days of receipt of information of his/her selection. He/she shall deposit fifty percent of the security amount within 10 working days from the date of e-lottery, thirty percent within 25 working days from the date of e-lottery and the remaining twenty percent within 35 working days from the date of e-lottery in the prescribed manner:

Provided that if the security amount is not deposited within the prescribed period, a penalty of Rs. 2000/- per day shall be imposed. Only 15 additional days shall be allowed in over and above of the prescribed period for depositing the security amount along with penalty.

But in case of renewal, the security deposited earlier in cash or National Savings Certificate (NSC) or Fixed Deposit Receipt or through Bank Guarantee shall be valid till it is refunded:

Provided further that if the applicant fails to deposit the licence fee or security amount within the prescribed time period then his/her selection shall be cancelled by the licensing authority and all the deposited amounts shall be forfeited.

If the licence of a shop is specified to be renewed by the State Government for any year then the difference in the licence fee and security amount for renewal shall be deposited within the prescribed period as specified by the State Government.

132. Lifting of Bhang-The licensee under these rules shall, after making payment of cost price of bhang in the account of the wholesale supplier of bhang through RTGS and depositing of consideration fee inherent in the quantity of issue in the treasury through e-challan, submit the indent in the form H.M.-2 along with the 1-UTTAR PRADESH EXCISE (SETTLEMENT OF LICENSES FOR RETAIL SALE OF BHANG) RULES, 2025 1-UTTAR PRADESH EXCISE (SETTLEMENT OF LICENSES FOR RETAIL SALE OF BHANG) RULES, 2020 proof of payment before the District Excise Officer. Thereafter the District Excise Officer shall issue Issuance Order in form H.M.-3. License holder, on the basis of Issuance Order, shall obtain the supply of bhang from bonded warehouse of the districts.

14 1 . Payment of monthly installruent of consideration fee and consequences of failure (1) The Licensee shall be liable to pay the monthly installment of consideration fee calculated with respect to annual minimum guaranteed quantity by the 20th day of each month or the next working day where that day happens to be the holiday. The consideration fee involved in the quantity of bhang lifted during the month shall be adjusted towards the monthly installment of license fee.

Provided, in case of failing to lift full monthly MGQ within time, it shall be compulsory for the licensee to deposit consideration fee involved in the MGQ not lifted.

(2) Licensee shall be required to submit his account, giving details of quantity of bhang lifted by him and consideration fee deposited, to the District Excise Officer by 5 p.m. on the next working day of the 20 day of each month for calculation and verification of consideration fee payable by him.

(3) In case there is any shortfall in the consideration fee after due adjustment of consideration fee involved in the quantity of bhang lifted by the licensee, the District Excise Officer shall adjust the outstanding balance amount of consideration fee from the security deposit of the licensee and after having issued notice to the licensee by the Licensing Authority for depositing cash to replenish the deficit in security amount, action shall be ascertained while imparting due opportunity of hearing to him. The maximun time limit for this proceeding shall be the last working day of the month. After the lapse of stipulated period, the license in question shall be cancelled by the Licensing Authority in case of failure to replenish the requisite security amount. District Excise Officer will immediately initiate the process of re-settlement of that shop and, if not, his personal responsibility shall be determined.

(4) After the expiry of the month, the replenishment in the deficit of security amount shall not be permitted for lifting the quantity of bhang or depositing consideration fee in the forthcoming month.

1-UTTAR PRADESH EXCISE (SETTLEMENT OF LICENSES FOR RETAIL SALE OF BHANG) RULES, 2020

15. Lifting of Bhang more than minimum guaranteed quantity-The licensee can lift bhang in excess of minimum guaranteed quantity after making payment of consideration fee and cost price as specified by the state government.

16. Hours of sale and closure of shops 16-The licensed premise shall remain open for sale on all days from 10.00A.M. to 10 P.M. except on 14th April (Ambedkar Jayanti), 15th August (Independence Day), 2nd October (Gandhi Jayanti), 26th January (Republic Day), and up to 3 more days as notified for closure by the Licensing Authority. Licensing Authority may also order for closure of shop on account of law and order or General Election related activity under the provisions of relevant laws. No compensation shall be given for the closure of shop on above grounds.

17. Disposal of balance stock left at the expiry of the license-Entire quantity of bhang lifted by the licensee during the year shall have to be sold during the validity of his license and the licensee shall not be permitted to sell it after expiry of the license. Any balance of bhang quantity found outstanding and unsold at the expiry of the term of license shall be declared by the licensee before the District Excise Officer on the next day up to 12.00 o clock and shall be returned by him to the concerned bonded warehouse of the district by 5.00 p.m. of the next date of expiry of license. The remnant quantity of bhang shall be destroyed.

under videography, by a Joint Committee of the District Excise Officer and local Sub Divisional Magistrate in the presence of the Deputy Excise Commissioner of the charge.

18. Surrender of license-A licensee may surrender his license after giving at least one month's notice in writing to the Licensing Authority under provisions of Section-36 of the Act. On receipt of such application the Licensing Authority will take steps for recovering all outstanding excise dues form his security, deposit and refund the balance amount, if any, after obtaining orders of the Excise Commissioner. The Licensing Authority shall also proceed for resettlement of the shop without delay for the remaining period of the excise year.

19. Adjustment or refund of Advance Deposit of Security-Advance deposit of security, unless it is forfeited, shall be refunded in case of no dues of excise revenue at the expiry of excise year.

1-UTTAR PRADESH EXCISE (SETTLEMENT OF LICENSES FOR RETAIL SALE OF BHANG) RULES, 2020 20 1 - Interim Settlement of shop-

(1) If the licence is suspended, cancelled or surrendered in accordance with the provisions of these rules or if for any reason the shop is yet to be settled as per sub-rule.

(2) Then the licensing authority may, after calculating the daily license fees and the daily consideration fee, obtain daily settlement offers in the manner specified by the State Government and make the settlement on the basis of the highest offer for a maximum period of 14 days or till the date of regular settlement, whichever is earlier.

The process of receiving offers will be similar to the process of receiving tenders for e-tender. If even after seeking offers twice in a row, an offer equal to the prescribed liabilities is not received, then in the third stage, the licensing authority will have the right to accept offers less than the prescribed liabilities in the interest of revenue.

In no case, offers less than 80 percent of the prescribed liabilities will be accepted. In case of receipt of two or more equal offers for a shop, the arrangement will be done through public manual lottery. Such licensee will also be required to deposit security amount for the period of interim arrangement as calculated.

Such arrangement of a shop can be done more than twice by the licensing authority but in such a situation it will be mandatory to inform the Excise Commissioner.

(3) In case of cancellation or surrender of a licence as per the provisions of these rules, regular settlement of the shop in mid-session will be done by the licensing authority through e-tender system by giving public advertisement as soon as possible. The procedure specified by the State Government for inviting tenders/offers through e-tender system will be completed. Single tender will also be accepted in the e-tender process for the shops to be settled in mid-session.

21- Suspension and cancellation of the license and penalties:-

(1) Licensing authority may suspend or cancel the license:-

(a) if any intoxicants are found other than bhang in the licensed premise.

(b) if the affidavit submitted by the licensee at the time of application is found incorrect and assertions made therein are found to be false.

(c) if it is found that license has been obtained in a false name or the licensee is holding the license on behalf of some other person.

1-UTTAR PRADESH EXCISE (SETTLEMENT OF LICENSES FOR RETAIL SALE OF BHANG) RULES, 2025

(d) If the licensee fails to deposit monthly installment of consideration fee or replenish the deficit in security amount within stipulated period.

(f) If the licensee is convicted of an offence punishable under the Act or of any cognizable and non-bailable offence or any offence punishable under the Narcotics Drugs and Psychotropic Substances Act, 1985 or any offence punishable under any section of the Indian Penal Code.

(g) If any adulteration in Bhang with other substances are found in licence premises, along with action under other relevant provisions of law.

(2) In case of circumstances stated under sub Rule (1) of this rule, the Licensing Authority shall immediately suspend the license and issue a show cause notice for cancellation of license and forfeiture of security. The licensee shall submit his explanation within seven days of the receipt of notice. There after the licensing authority shall pass suitable orders after giving due opportunity of hearing to the licensee.

(3) In case the license is cancelled the license fee and security amount deposited by him shall stand forfeited in favor of the State Government and the licensee shall not be entitled to claim any compensation or refund. Such licensee may also be blacklisted and debarred from holding any other excise license.

(4) Matter of compoundable breaches pertaining to retail licenses shall be liable to imposition with the following minimum compounding fee :- 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 Shop found opened before or after the stipulated time.

2500 3000 5000 2 Unauthorized sales man found to be making sale.

5000 7,000 10000 3 Stock register not produced when asked for.

10000 15000 20000 4 Stock register found incomplete. 10000 15000 20000 5 Found having recourse to inducement to the customer with a view to increasing sales such as dancing or gambling.

5000 7000 10000 6 To store duty paid stock in unauthorized premises/ware house.

20000 25000 30000 7 Duty paid stock being found in excess of account.

25000 30000 50000 8 found selling of loose Bhang. 5000 10000 15000 9 found making sale of Bhang during days of prohibition and closure.

30000 40000 50000 10 Any alteration in the premises without permission.

20000 25000 30000 11 Non displaying of essential information according to rule or displaying faulty information on the signboard installed outside the premises.

5000 10000 20000 12 On being found no proper arrangement of cleanliness in the shop.

2000 5000 10000 13 Any other irregularity, which is not mentioned under serial-01 to 12.

2000 5000 10000 Excise Commissioner Uttar Pradesh.

License for the Retail Sale of "Bhang” for Consumption "Off" the premises.

Latitude/longitude of shop................................................

License No..............................year..................................

Name of Shop.....................District..........................

License fee Rs.........(in figures).....................(in words) Annual Minimum Guaranteed Quantity....................K.g.

Monthly Minimum Guaranteed Quantity..................K.g.

Monthly installment of Annual Consideration Fee Rs................(in figures)...............................(in words) Description of premises (with boundaries) ------------------ North..............................South..................................

East................................West..................................

Name, Father's Name & Address of Licensee

1..................S/o .........R/o...................

“Omitted” License for the retail sale of Bhang is hereby issued to above license holder at ................(place) in P.S. ......... Tahsil................in the District of ...........w.e.f. from .............to March, 31, 20..............for which license fee and security deposit has been paid.

The License is subject to the following terms and conditions the infraction of any of which or violation of the provisions as expounded in Rule-21 of U.P. Excise (Settlement of licenses for retail sale of Bhang) Rules- 2019 or conviction for any offence under the U.P. Excise Act, 1910 or Narcotics Drugs and Psychotropic Substances Act, 1985 shall make the licensee liable for cancellation of the license and forfeiture of security deposit, in addition to any penalties imposed under the relevant laws.

TERMS AND CONDITIONS

1. According to provisions of Rule-13 the licensee shall lift the quantity of bhang from the bonded warehouse of the district or entitled bonded warehouse after Photo of Applicant Photo of shop making payment of cost price through RTGS and consideration fee preferably through e-payment.

2. The licensee shall be liable to pay the monthly installment of consideration fee by the 20th day of the month in accordance with the provisions of rule-14.

3. Bhang shall be sold in loose or in form of grounded pellets. The licensee shall not be allowed to sell more than 120 gram bhang to any person.

4. The Sale of bhang shall be allowed for off the premises consumption.

5. The licensee shall maintain a regular and accurate daily account in the prescribed form and register and upload the same on the excise portal. Account register shall be produced for inspection whenever asked by the competent inspecting authority.

6. The licensee shall not be allowed to carry on any other business on the licensed premises except sale of bhang for which license is granted.

7. The license premises shall remain open for sale on all days from 10.00 A.M. to 10 P.M. , except on 14th April (Ambedkar Jayanti), 15th August (Independence Day), 2nd October (Gandhi Jayanti), 26th January (Republic Day) and up to 3 more days as notified for closures by the Licensing Authority. Licensing Authority may also order closure of shop on account of law and order or General Election related activity etc. under the provisions of relevant laws. No compensation shall be given for the closure of shop on above dates/days.

8. The licensee shall store entire stock of bhang in the licensed premises only.

9. The licensee shall affix a conspicuous signboard at the entrance of the shop in the form/size approved by the Excise Commissioner on which the name of the licensee, location of the shop, period of license, opening and closing time of shop and such other information as prescribed in bold letters shall be printed.

The signboard shall also display the following information: - “>Consumption of Bhang is prohibited outside near the premises of shop or at public places. Any contravention in this regard shall be punishable.

>Driving can be fatal after consumption of bhang. Please do not drive after consuming bhang.”

10. The Licensee shall not employ any person as salesman who is below 21 years of age or is suffering from any infectious diseases or has criminal background or a woman. The Licensee shall have to obtain identity cards of the salesmen bearing their photographs duly issued by the District Excise Officer, which shall be produced as and when demanded by inspecting authorities.

11. The sale should not be made to a person below the age of twenty-one years or any official in uniform.

12. The licensee shall be responsible for the proper upkeep and cleanliness of premises including its drains etc, by using pesticides

13. The premises in which the shop is situated shall not be used as a place of residence except by the licensee/ salesmen and his family.

14. The licensee is strictly forbidden from having recourse to any form of blandishment or inducement to the customer with a view to increase his sales.

Gambling or dance programs are also strictly forbidden.

15. The licensee shall on expiry of the license, report to the District Excise Officer for disposal of balance stock which will be disposed off in accordance with Rule-17.

16. The licensee shall abide by the general or specific instructions issued by the Excise Commissioner or licensing authority from time to time.

17. The licensee shall submit the list of salesmen to the district excise officer for sale of liquor at his shop. The district excise officer shall issue Naukarnama in prescribed form accordingly.

Date...........................

District........................

Licensing Authority

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