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NCT Delhi - Section

Section 66 in The Delhi Excise Rules, 2010

66. Special conditions.

- Licences in different forms prescribed in the rules shall, in addition to the conditions prescribed elsewhere, be subject to the special conditions prescribed as under -
(1)Licence in Form L-1 for wholesale vend of Indian Liquor to the trade. -
(a)the licensee shall sell liquor to the holders of licence for consumption "on" and "off" the premises or as directed by the Excise Commissioner;
(b)Licensee shall have Warehouse duly licensed by the Excise Commissioner;
(c)no licensee shall sell any brand of liquor of which he is not the manufacturer, or its agent, unless permitted by the Excise Commissioner;
(d)duty on Indian Liquor imported into Delhi shall be payable by the licensee before grant of import pass at such rates as may be notified, unless the liquor is to be kept, after import in a bonded warehouse, established or licensed by the Excise Commissioner.
(2)Licence in Form L-1F for the wholesale vend of Foreign Liquor to the trade. -
(a)the licensee shall not supply Foreign Liquor for retail sale to any person other than the holder of a licence in Forms L-6FG, L-6FE, L-7FG, L-7FE, L-12F, L-13F L-15F, L-16F, L-17F, L-17FE, L-20F, L-20FE, L-21F, L-23F L-28F, L-29F.
(b)the licensee shall have bonded warehouse duly approved by the Excise Commissioner in addition to the Customs approved bonded warehouse.
(c)the licensee shall affix the sticker containing the statutory requirements of retail price, label and hologram or any other security feature as decided by the Excise Commissioner in the godown approved by the Excise Commissioner;
(d)the licensee shall furnish authorization letter from the manufacturer or the importer in India for every brand;
(3)The licence in Form L-2 for vend of draught beer. -
(a)Before any licence for draught beer is granted, the licensee shall satisfy the following conditions: -
(i)the draught beer shall be imported in kegs only;
(ii)there should be proper refrigeration arrangements for the safe storage of draught beer;
(iii)it shall be the duty of the licensee to ensure that no stale or deteriorated beer is sold;
(iv)the draught beer once imported into Delhi, shall not be allowed to be exported for any reason whatsoever;
(v)mixing of Co2 may be done within the permissible limits to provide necessary fizz.
(b)If after import of draught beer, it is found to have been deteriorated either during the transport of the kegs from the brewery to the licensed premises or the licensee has subsequently found that such stocks have deteriorated during the storage prior to sale, the same shall be destroyed, after the receipt of the report from the Chemical Examiner, with the permission of the Deputy Commissioner.
(4)Licence in Form L-3 for the wholesale vend of Country Liquor. -
(i)the licensee shall not sell Country Liquor to any person other than the holder of licence in Form L-8;
(ii)the Government may fix the wholesale price (exclusive of duty, retail margin, local transport charges and VAT of Country Liquor and may fix different prices for different types of Country Liquor: -
Provided that the Government may authorize any officer or committee of officers, to negotiate with the tenderer with a view to arrive at a uniform lowest price for supply of country liquor in bottles of different sizes. No tenderer shall have any right to be called for negotiation:Provided further that having once fixed the price, the Government shall not vary it to the disadvantage of the licensee during the currency of his licence and that he shall not vary the price, if licence has been granted on the basis of prices quoted in competitive tenders;
(iii)the licensee shall not bottle, case, capsule or label country liquor on the premises of his licence, unless specially permitted to do so by the Excise Commissioner;
(iv)the licensee shall, in addition to any quantities which he may be required to make available for sale under clause (f) always keep in his licensed premises such minimum stock as may be laid down from time- to-time by the Excise Commissioner;.
(v)the licensee shall, during the currency of his licence, acquire and make available for sale such quantities of country liquor in different sizes of bottles in a year as may be required by an order of the Excise Commissioner and the Excise Commissioner shall not be under any obligation to guarantee the sale of all the country liquor so required to be made available;
(vi)the licensee shall make supplies as may be required in the terms and conditions under which licence is granted;
(vii)subject to the provisions contained in clauses (d) and (f), the licensee shall make available for sale in his licensed premises so much of country liquor as can be manufactured out of extra neutral alcohol, if allocated to him, by the Excise Commissioner and shall, for this purpose take all necessary actions, including action to obtain allocation orders from the Excise Commissioner and release orders from other Excise Authorities;
(viii)
(h)the licensee shall render a true and correct account of the quantities of extra neutral alcohol, if allocated and released to him, utilised and supplied by him in the form of country liquor and remaining in balance with him so as to reach the Deputy Commissioner on or before the 3rd day after the close of the fortnight to which the statement pertains.
(5)Licences in Forms L-6, L-6FG, L-6FE, L-7, L-7FG, L-7FE,L-10, L-12, L-12F, L-14 for retail sale of Indian Liquor and Foreign Liquor for consumption "off" the premises: -
(a)the licensee shall not sell liquor to any person for consumption "on" the premises.
(b)the licensee shall not sell liquor to any other licensee:
Provided that in case of licensees holding more than one licences, the transfer of stock from one licensed premises to another may be made with the prior approval of the Deputy Commissioner or any other excise officer authorized by him.
(6)Licence in Form L-8 for the retail vend of country liquor for consumption "off" the premises. -
(a)the licence for retail vend of country liquor shall be granted by tender, auction or fixed. fee;
(b)the licensee shall, unless otherwise permitted by the Excise Commissioner in exceptional cases, get his requirement of country liquor from a person licensed to sell country liquor by wholesale in Delhi;
(c)the licensee may, if no arrangement is made in Delhi, obtain his supplies of country liquor up to 20 per cent. of his sale of country liquor from any distillery or bottling plant, approved for this purpose by the Excise Commissioner:
Provided that in the case of the import of country liquor in bulk, beyond the limits of Delhi, the licensee shall not break bulk until the consignment has reached Delhi and has been compared by an Excise Inspector with the pass, covering the consignment;
(d)the licensee shall not sell or expose for sale country liquor in bottles of such shape or colour or bearing such figures, words or marks as are reasonably made to lead persons to believe that such liquor is other than country liquor;
(e)the licensee shall sell country liquor at such rates as may, from time- to-time, be fixed by the Government;
(f)the licensee shall maintain account of receipt and sale in Form F-6 and shall at the end of each month prepare and submit to the Excise Department a monthly true abstract of receipt and sales;
(g)the licensee shall not store in the licensed premises -
(i)any empty liquor bottle, cork, capsule, pilfer proof seal, bottle neck etc., except as provided under the rules;
(ii)any bottle of soda water or any other soft drink;
(iii)rectified spirit and denatured spirit;
(iv)any other intoxicant;
(7)Licence in Form L-9 for retail vend of Indian liquor to holders of licence in Form L-1.
(a)the licensee shall not sell liquor to any person for consumption "on" the premises;
(b)the licensee shall not sell liquor to any other licensee: Provided that in case of licensees holding more than one licences, the transfer of stock from one licensed premises to another may be made with the prior approval of the Deputy Commissioner or any other excise officer authorized by the Deputy Commissioner.
(8)Licence in Form L-13 for home delivery of Indian liquor by ordering through e-mail or by fax (not on telephone). -
(a)the licensee shall make delivery of liquor at the residences only if order is received through e-mail or by Fax (not on telephone) and no delivery shall be made to any hostel, office, and institution;
(b)the licensee shall not sell liquor to any person for consumption "on" the premises;
(c)the licensee shall not sell liquor to any other licensee:
Provided that in case of licensees holding more than one licences, the transfer of stock from one licensed premises to another may be made with the prior approval of the Deputy Commissioner or any other excise officer authorized by the Deputy Commissioner.
(9)Licences in Forms L-15, L-15F for service of Indian Liquor and Foreign Liquor in a hotel [or guest house] [Inserted by Notification No. F.10(12)/Fin(Rev-I)/2010-11/DS 1I/111, dated 21st March, 2011] to the residents in their rooms. -
(a)no liquor shall be served by the licensee to any person except to the order of a bona fide resident;
(b)no liquor shall be served by the licensee at any place other than the room in which the person ordering it resides for the time being;
(c)the licensee shall possess a certificate of recommendation from the Department of Tourism, Government of India [in case of Hotels and certificate from Tourism Department, Governemnt of National Capital Territory of Delhi, in case of Guest Houses] [Added by Notification No. F.10(12)/Fin(Rev-I)/2010-11/DS 11/111, dated 21st March, 2011.] ;
(d)no licensee shall purchase any liquor from any person other than a person holding a licence in Forms L-1 and L-1F, without the permission of the Excise Commissioner.
(10)Licences in Forms L-16 and L-16F for service of Indian liquor and Foreign Liquor in a bar attached to a hotel. -
(a)the licensee shall not serve any Indian Liquor and Foreign Liquor at any premises of his hotel other than the premises of the bar and restaurants, if any, specified and endorsed on his licence:
Provided that liquor may be served in additional area including lawns of hotels and reception rooms on special request with the conditions that:
(i)the permission for the additional area shall be granted on payment of additional licence fee as prescribed;
(ii)the service of liquor in the additional area shall be allowed only from the main bar counter;
(iii)seat covers in additional area shall not be more than the seat covers of main licence;
(iv)additional area shall be screened off from the public on roads and adjoining areas.
(b)the licensee shall not store Indian Liquor and Foreign Liquor at any premises other than the store-room and bar specified and endorsed on his licence on payment of additional fee as prescribed;
(c)the licensee shall serve wine or beer in open bottles or in glasses and other Indian Liquor and Foreign Liquor only in glasses:
Provided that service of Indian Liquor and Foreign Liquor in a glass other than wine or beer shall not be less than 30 milliliters before the addition of any other liquid;
(d)no licensee shall purchase liquor from any person other than the person holding licences in Forms L-1 and L-1F without the permission of the Excise Commissioner.
(11)Licences in Forms L-17, 17F, L-18, L-18F, L-19, L-19F and L-21,L- 21F for service of Indian Liquor and Foreign Liquor for consumption "on" the premises in independent restaurant. -
(a)the licensee shall not serve Indian Liquor and Foreign Liquor at a premises other than the'one specified and endorsed on the licence:
Provided that special permission may be granted to the holder of the above licences for service of liquor in additional area on the following terms and conditions, namely. -
(i)the permission for the additional area shall be granted on payment of additional licence fee as prescribed;
(ii)the service of liquor in the additional area shall be allowed only from the main bar counter and the additional area means the area located adjacent to the existing bar;
(iii)seat covers in additional area shall not be more than the seat covers of main licence;
(iv)additional area shall be screened off from the public view;
(b)the licensee shall not store Indian Liquor and Foreign Liquor at a place other than the store room and bar specified and endorsed on the licence;
(c)the licensee shall serve beer and wine in open bottles or in glasses and other Indian Liquor and Foreign Liquor only in glasses:
Provided that service of Indian Liquor and Foreign Liquor in a glass other than wine or beer shall not be less than 30 milliliters before the addition of any other liquid;
(d)no licensee shall purchase Indian Liquor and Foreign Liquor from any person other than the one holding licences in Forms L-1 and L-1F, without the permission of the Excise Commissioner.
(12)Licences in Forms L-20 and L-20F for service of Indian Liquor and Foreign Liquor in a bar or a dining car in a luxury train. -
(a)the licensee shall be India Tourism Development Corporation, a State Tourism Development Corporation, its units or any other agency, approved by the Excise Commissioner;
(b)the licensee shall not serve Indian Liquor and Foreign Liquor at any premises other than the premises of the bar or dining car specified and endorsed on the licence;
(c)the licensee shall serve wine or beer in open bottles or glasses and Indian Liquor and Foreign Liquor only in glasses:
Provided that service of Indian Liquor and Foreign Liquor in a glass other than wine or beer shall not be less than 30 milliliters before the addition of any other liquid;
(d)the licensee shall serve Indian Liquor and Foreign Liquor for consumption "on" the premises only to bona fide passengers boarding the train;
(e)the licensee shall not serve Indian Liquor and Foreign Liquor to persons employed in railway service on train;
(f)the licensee shall be required to take licence for service of Indian Liquor and Foreign Liquor from the excise authorities of those states through which the train passes;
(g)the licensee shall not purchase liquor from any person other than the person holding licence in Forms L-1 and L-1F without the permission of the Excise Commissioner;
(h)in the event of dismantling of bar in the train for any reason, whatsoever, the licensee shall intimate the stock position of liquor to the Excise Commissioner and it may be disposed of in the manner as decided by him.
(13)Licence in Form L-22 for the retail vend of Indian Liquor in duty free shop for consumption "off" the premises.
(a)the licensee shall sell Indian Liquor in retail for consumption 'off' the premises to bona fide passengers going out of India, against foreign exchange; -
(b)The licensee shall not sell Indian Liquor to persons employed at air- port except under the rules framed by the administration concerned;
(14)Licence in Form L-23 and L23F for the vend of Indian Liquor and Foreign Liquor in military canteen approved by the competent military authority. -
(a)licence in Form L-23 shall be granted on the basis of dependency certificate issued by the Area Manager of the Canteen Stores Department, Delhi for sale of Indian Liquor and Foreign Liquor only in military unit;
(b)the licensee shall not sell liquor, except such liquor as he may be permitted to sell;
(c)notwithstanding anything contained in sub-rule (2) of rule 51, the licensee shall establish separate places of vend without taking separate licences in cases where a portion of a unit is detached for training and other purposes or is left behind;
(d)the licensee shall not sell liquor of any description to persons other than those attached to the regiment for which his licence is granted or duly authorised by the competent military authority to use such canteens;
(15)Licence in Form L-24 permitting sale of medicated wines -
(a)the licensee shall not sell under this licence any wine, except the wines which are classified as medicated wines;
(b)the licensee shall not sell any article covered by his licence except for medicinal purpose;
(c)the licensee shall not sell to any person at any one time any article covered by his licence in greater quantity than 9 litres or twelve quart bottles, provided that sale in larger quantities may be made to persons holding a chemist's licence and to Government and charitable dispensaries;
(d)except upon the order of a medical practitioner, the licensee shall not knowingly sell or supply any article covered by his licence for consumption by a minor or a person of unsound mind;
(e)no licence shall be required for the sale of medicated wine, containing up to 20 degree proof spirit.
(16)Licence in Form L-28 and L-28F for service of Indian Liquor and Foreign Liquor at a club -
(a)the licensee shall be authorised to sell Indian Liquor and foreign liquor by retail for consumption on the club premises to its members, but he shall not sell liquor to the persons below twenty-five years of age even if they are members of the club;
(b)the licensee shall serve wine or beer in open bottles or in glasses and other Indian Liquor and Foreign Liquor only in glasses. Such bottles shall on no account, be removed by the members of the club from the premises;
Provided that service of Indian Liquor and Foreign Liquor in a glass other than wine or beer shall not be less than 30 milliliters before the addition of any other liquid;
(c)the licensee shall purchase liquor from the holders of licence in Forms L-1 and L- 1F;
(d)the licensee is authorized to avail thirty guest nights per month;
(e)Excise Commissioner may permit guest nights exceeding thirty per month;
(f)the licensee shall obtain permit in Form P-13 from the Deputy Commissioner for holding guest nights;
(g)liquor may be served in additional area including lawns of club on special request with the conditions that -
(i)the permission for the additional area shall be granted on payment of additional licence fee as prescribed;
(ii)the service of liquor in the additional area shall be allowed only from the main bar counter;
(iii)seating capacity in additional area shall not be more than the seating capacity of main licence;
(iv)additional area shall be screened off from the public view on roads and adjoining areas
(17)Licence in Form L-29, L-29F for retail vend of Indian Liquor and Foreign for consumption "on" the premises at club or mess whose members are exclusively Government servants and retired Government servants, including the members of armed forces serving or retired and such a club or mess is not running on commercial lines. -
(a)the licensee shall sell Indian Liquor and Foreign Liquor by retail for consumption "on" the premises to its members only but he shall not sell liquor to a person below 25 years of age even if he is the member of the club;
(b)the licensee shall serve wine or beer in open bottles or in glasses and other Indian Liquor and Foreign Liquor only in glasses . Such bottles shall, on no account, be removed by the members from the premises;
(c)the licensee shall purchase liquor from the holders of licences in Forms L-1 and L-1F;
(d)the licensee is authorized to avail thirty guest nights per month;
(e)Excise Commissioner may permit guest nights exceeding thirty per month;
(f)the licensee shall obtain permit in Form P-13 from the Deputy Commissioner for holding guest nights;
(g)liquor may be served in additional area including lawns of club on special request with the conditions that -
(i)the permission for the additional area shall be granted on payment of additional licence fee as prescribed;
(ii)the service of liquor in the additional area shall be allowed only from the main bar counter;
(iii)seating capacity in additional area shall not be more than the eating capacity of main licence;
(iv)additional area shall be screened off from the public view on roads and adjoining areas.
(18)Licence in Form L-37 for Hotel Management Institutes for keeping liquor for the purpose of training. -
(a)the licence shall be issued to Hotel Management Institute or other teaching institute recognized by the Government;
(b)the liquor shall be used for teaching purpose only;
(c)the liquor shall be purchased from licensed retail vends only;
(d)the limit of liquor shall be decided by the Excise Commissioner.