Section 4 in U.P. Excise (Settlement of Licenses for Wholesale of Country Liquor)(Eleventh Amendment) Rules, 2019
4. Amendment of Rule 6.
- In the said rules, for existing Rule 6, the following rule shall be substituted, namely -"6. Eligibility for Licence. - (1) Licenses for shops of wholesale of country liquor 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 given to the following -(a)A resident of India.orA partnership firm not having more than two partners who shall be citizens of India.(3)Omitted.(4)No change in partnership shall be allowed after grant of licence. In the event of death if a licence is held by an individual his legal heir(s) if eligible, may continue to hold the licence for the remaining period of the licence. If a licence is jointly held by two partner^, either of them in the event of death of any of them, survivor along with the legal heir(s) of deceased, if eligible, may continue to hold the licence or in case of death of both partners their legal heir(s), if otherwise eligible, may continue to hold the licence. No distinction will be made between the legal liabilities of the two partners who will be jointly and severally responsible.(5)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.(6)(i)The applicant does not possess any licence for retail sale of country liquor, foreign liquor, beer and 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 less than the amount equivalent to the licence fee of concerned licence.(7)The applicant shall submit an affidavit duly verified by Notary public as proof of the following, namely -(I)That he 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 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 poms good moral character and have no criminal background nor have 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 in case he is selected as Licensee he shall furnish prior to issuance of the licence, a certificate issued by Senior Superintendent of Police/Superintendent of Police of the district of which he is the resident, showing that he as well as his family members possess good moral character and have no criminal background or criminal history.(V)That he shall not employ any salesman or representative who has criminal background as mentioned in sub-clause (iii) or who suffers from any infectious diseases or is below 21 years of age or a woman. Licensee shall have to obtain Identity Cards bearing photographs of his authorized salesman/representative from District Excise Officer.(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.".
