State of Rajasthan - Act
The Rajasthan Excise (Grant of Hotel Bar/Club Bar/Restaurant Beer Bar Licences) Rules, 1973
RAJASTHAN
India
India
The Rajasthan Excise (Grant of Hotel Bar/Club Bar/Restaurant Beer Bar Licences) Rules, 1973
Rule THE-RAJASTHAN-EXCISE-GRANT-OF-HOTEL-BAR-CLUB-BAR-RESTAURANT-BEER-BAR-LICENCES-RULES-1973 of 1973
- Published on 22 March 1973
- Commenced on 22 March 1973
- [This is the version of this document from 22 March 1973.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
- These rules may be called the Rajasthan Excise (Grant of Hotel Bar/Club Bar/[Restaurant Beer Bar] [Inserted by GSR 89, Dated 26.10.1994, Published in Rajasthan Government Gazette Part 4-C, Extraordinary, dated 28.10.1994, page 319(6) [26-10-94].] Licences) Rules, 1973 and shall come into force on their publication in the Official Gazette.2.
[(a) "Hotel" means all Tourist Bungalows ans hotels run by the Department of Tourism and Hotel Corporation of the State Government and the Government of India including Hotels recongnized by the Government of India as Heritage hotel or by the State Government as "Heritage Rajasthan Hotel" and and shall also include any other hotel with at least 20 bedrooms which is adjudged to be of at least Two Star Category by the Department of Tourism, Government of India or any other authority authorized specially for this purpose by the Government of India.3. Eligibility and procedure for grant of hotel licence.
| [S.No. [Substituted by Notification No. G.S.R. 2, dated 1.4.2011 (w.e.f. 22.3.1973).] | Category (Population of Cities on the basis of 1991 Census) | Initial fee for the year or part thereof (Rs. in lacs) |
| 1 | 2 | 3 |
| 1 | Luxury Hotel/Train: | |
| (i) Five Star Hotel | 15.00 | |
| (ii) Four Star Hotel | 10.00 | |
| (iii) Three Star Hotel | 8.00 | |
| (iv) Luxury Train | 8.00] |
| 2. [ [Substituted by Notification No. G.S.R. 5, dated 1.4.2014 (w.e.f. 22.3.1973).] | Heritage Hotel] | |||
| (i) Category A | 4.00 | 0.25 | 4.25 | |
| (ii) Category B | 1.50 | 0.25 | 1.75 | |
| (iii) Category C | 0.75 | 0.25 | 1.00 | |
| Note. - The Category of a heritage hotel shall be decided by a committee constituted by the State Government |
| 3. [ [Substituted by Notification No. G.S.R. 2, dated 1.4.2016 (w.e.f. 22.3.1973).] | Other Hotel: | |||||
| (i) | Situated in and within | |||||
| (A) | 7.5 Kilometer of municipal limit of Jaipur/ Jodhpur/ Udaipurhaving rooms | |||||
| (a) upto 50 rooms | 7.50 | 1.00 | 8.50 | |||
| (b) 51 to 100 rooms | 9.00 | 1.00 | 10.00 | |||
| (c) more than 100 rooms | 14.00 | 1.00 | 15.00 | |||
| (B) | 5 Kilometer of municipallimit of Other Divisional Headquarters Mount Abu and Jaisalmerhaving rooms | |||||
| (a) upto 50 rooms | 6.50 | 1.00 | 7.50 | |||
| (b) 51 to 100 rooms | 12.00 | 1.00 | 13.00 | |||
| (C) | 5 Kilometer of municipallimit of Other District Headquarters having rooms | |||||
| (a) upto 50 rooms | 6.00 | 1.00 | 7.00 | |||
| (b) 51 to 100 rooms | 7.00 | 1.00 | 8.00 | |||
| (c) more than 100 rooms | 9.00 | 1.00 | 10.00 | |||
| (D) | 3 Kilometer of municipallimit of Other municipalities and Bhiwadi U.I.T. Area (DistrictAlwar) having rooms | |||||
| (a) upto 25 rooms | 4.00 | 1.00 | 5.00 | |||
| (b) more than 25 rooms | 5.00 | 1.00 | 6.00 | |||
| (ii) | Situated in other places notcovered by clause (i) above | |||||
| (a) upto 25 rooms | 3.00 | 0.50 | 3.5. | |||
| (b) more than 25 rooms | 3.00 | 0.50 | 3.50] |
| [4 [Substituted by Notification No. G.S.R. 2, dated 1.4.2011 (w.e.f. 22.3.1973).] | Civil CLub Bar: | |
| (i) In Jaipur/Jodhpur | 2.00 | |
| (ii) In Other places | 1.50 | |
| 5 | Commercial Club Bar: | |
| (i) In Jaipur/Jodhpur | 6.00 | |
| (ii) In Other Places | 4.00] |
4. Cancellation of sanction for Default of the Applicant.
5. Exemption.
- The provisions relating to initial fee is these rules shall not be applicable in respect of persons holding licence for sale of foreign liquor on the premises of the hotel on the date of coming into force of these rules.5A. [ [Inserted by GSR 127, Dated 22.3.1986, Published in Rajasthan Government Gazette Part 4-C, Extraordinary, dated 24.3.1986, page 514 [22-3-86].]
Any person holding a licence under these rules may import into Rajasthan, foreign liquor from outside India under an import licence from the Chief Controller. Imports and Exports Government of India, with the prior permission of the Excise Commissioner and after depositing necessary vend fee mentioned in sub-rule (1) of rule 69 of the Rajasthan Excise Rules, 1956.] [Substituted by Notification No. G.S.R. 171, dated 2.2.2012 (w.e.f. 22.3.73).]6. Refund of initial fee for licences not sanctioned.
- In case an application for licence is not sanctioned and is rejected for no fault on the part of the applicant, the applicant shall be entitled to refund of initial fee paid by him; provided that the application for refund is made within six months of the date of the order of rejection.7. Power of the [Excise Commissioner] [Substituted by GSR 8, Dated 18.5.1983, Published in Rajasthan Government Gazette Part 4-C, Extraordinary, dated 18.5.1983, page 37 [18-5-83].] to reject application.
- Notwithstanding anything contained in these rules, the [Excise Commissioner] [Substituted by GSR 8, Dated 18.5.1983, Published in Rajasthan Government Gazette Part 4-C, Extraordinary, dated 18.5.1983, page 37 [18-5-83].] shall be competent to reject any application for licence without assigning any reason whatsoever.7A. [ Fees for the renewal of licences. [Inserted by S.O.251, Dated 30.3.1977, Published in Rajasthan Government Gazette Part 4-C, Extraordinary, dated 30.3.1977 [30-3-77].]
8. Rules to have overriding effect.
- In case there is any conflict between the provisions of these rules and the Rajasthan Excise Rules, 1956, the former shall prevail.8A. [ Any licence issued for retail. [Inserted by GSR 105, Dated 30.3.1978, Published in Rajasthan Government Gazette Part 4-C, Extraordinary, dated 30.3.1978 [30-3-78].]
- On sale of Foreign and Indian Made Foreign Liquor to any hotel under the Rajasthan Excise Act, 1950 or the rules made thereunder or under any corresponding law before the commencement of these rules, and in force on such commencement shall be deemed to have been issued under these rules.]Form A[Rule 3(2)]Form of application for Grant of Hotel Bar/Club Bar/Restaurant Beer Bar LicencesForm. - Name or names, age and the address or addresses of the person or persons applying (if the applicant is a firm, the name and address of every partner of the firm and if a company, the registered name and address thereof, the names of the Directors, Managers and Managing Agents, and if there is a Managing Director, the name of such Director should be mentioned).ToThe Excise Commissioner,Rajasthan, Udaipur.Through : The District Excise Officer,........................................Sir,1. I/We........................... son of................................. residing granted [Hotel Bar/club Bar/Restaurant Beer Bar Licence] [Substituted by GSR 27, Dated 13.8.1984, Published in Rajasthan Government Gazette Part 4-C, Extraordinary, dated 14.8.1984, page 101 [13-8-84].] for the retail sale of foreign liquor for consumption on the premises as defined in Rule 2(a) of the Rajasthan Excise (Grant of Hotel Bar/club Bar Licence) Rule, 1973 for the year ending 31st march.....................
2. I/We have deposited a sum of Rs.................as initial fee for the above licence in Treasury vide challan No. dated ............ 19.........enclosed herewith.
3. I/We agree to abide by the provisions of the Rajasthan Excise Act, 1950 and Rules framed thereunder.
4. I/We declare that I/We do not suffer from any of the disqualifications prescribed by the rules which may render me/us ineligible to hold the licence applied for.
5. I/We declare that to the best of my/our knowledge and belief the information furnished herein is true and complete.
Place................Date..................Signature(s) of the applicant(s)Note. - Please strike off the words which are not applicable.Form B[Rule 3(4)]Register of Applications received for Grant of [Hotel Bar/Club Bar/Restaurant Beer Bar Licence] [Substituted by GSR 89, Dated 26.10.1994, Published in Rajasthan Government Gazette Part 4-C, Extraordinary, dated 28.10.1994, page 319(6) [26-10-94].]| Serial No. | Name/parentage and address of applicant | Place for which licence desired | Distt. in which situated | Amount of initial fee deposited |
| 1 | 2 | 3 | 4 | 5 |
| Name of Treasury where deposited | Challan No. and date | Initials of the District Excise Officer inrespect of entries from Cols. 1 to 7 | No. & date of the letter under which caseforwarded to the Excise Commissioner |
| 6 | 7 | 8 | 9 |
| No. and date of the letter of[ExciseCommissioner] [Substituted by GSR 8, Dated 18.5.1983, Published in Rajasthan Government Gazette Part 4-C, Extraordinary, dated 18.5.1983, page 37 [18-5-83].]under which decision conveyed | Decision of the[Excise Commissioner] [Substituted by GSR 8, Dated 18.5.1983, Published in Rajasthan Government Gazette Part 4-C, Extraordinary, dated 18.5.1983, page 37 [18-5-83].]whetherlicence sanctioned or application rejected | Initials of the District Excise Officer | Remarks |
| 10 | 11 | 12 | 13 |
| Licence No.............. | District................... |
| Locality.................... | .............................. |
| Name of license holder | .............................. |
| Name of approved salesman | .............................. |
1. The licensee shall in addition to initial fee pay for the retail sale of Foreign Liquor fee per litre at the rate prescribed in rule 69(1) of the Rajasthan Excise Rules, 1956 subject to the minimum fee of Rs...............(in words.....................) per year or a part thereof which shall be paid before the grant of licence.
2. If at any time the fee assessed per litre exceeds the minimum fee paid such excess shall be paid by the licensee before he obtains liquor from the wholesale dealer for sale:
[Provided that with the prior permission of the [District Excise Officer concerned] [Inserted by GSR 127, Dated 22.3.1986, Published in Rajasthan Government Gazette Part 4-C, Extraordinary, dated 24.3.1986, page 514 [22-3-86].], the licence can also import into Rajasthan Foreign liquor from outside India after obtaining an import licence from the Chief Controller Imports and Exports Government of India, after depositing necessary vend fee as required under rule 5-A of the Rajasthan Excise [Hotel Bar/club Bar/Restaurant Beer Bar Licences] [Substituted by GSR 89, Dated 26.10.1994, Published in Rajasthan Government Gazette Part 4-C, Extraordinary, dated 28.10.1994, page 319(6) [26-10-94].] Rules, 1973.][Provided further that the licensee may directly purchase wine from a wholesale licensee holding a license under Rule 47(l)(a) of Rajasthan Excise Rules, 1956 on the basis of a permit issued by the District Excise Officer. The licensee shall also have to pay wholesale licence fee prescribed under Rule 69(1) of Rajasthan Excise Rules, 1956.] [Added by Notification No. G.S.R. 2, dated 1.4.2002 (w.e.f. 22.3.1973).]3. [ Under this licence liquor including the draught beer is allowed to be consumed in whole of the licenced premises. The licensee shall however, het the bar and store for liquor approved by the Excise Commissioner.] [Substituted by Notification No. G.S.R. 2, dated 1.4.2002 (w.e.f. 22.3.1973).]
4. No sales shall be made on dry days prescribed by the Excise Commissioner provided that this restrictions shall not apply to foreign tourists and visitors who can be served liquor on dry days also.
5. [ 24 Hours service/sale of Foreign Liquor will be allowed in the Hotel premises.] [Substituted by GSR 66, Dated 5.8.1994, Published in Rajasthan Government Gazette Part 4-C, Extraordinary, dated 9.8.1994, page 80 [5.8.1994].]
6. (i) A true and detailed account of the licence fee on the balance of stock on 1st April of every year and the quantity purchased after that date through permits till the date of application of every transport permit along with the amount deposited for the fresh intended purchase shall be submitted to the District Excise Officer concerned along with the application of every permit for transport.
| Serial No. | Date | Names and address of foreign tourists andvisitors | Nationality | Passport No. | Quantity of liquor served |
| 1 | 2 | 3 | 4 | 5 | 6 |
7. In regard to any matter arising out of this licence, the licensee will not be entitled to bring any action n a court at a place other than Udaipur.
8. In case of default or infringement by the licensee or his servant any condition of this licence or of any provisions of the Rajasthan Excise Act, 1950, or the provisions of the Opium Act, 1878 or rules framed thereunder or any order passed by the Excise Commissioner, it shall be competent for the Excise Commissioner [x x x] [Deleted by GSR 8, Dated 18.5.1983, Published in Rajasthan Government Gazette Part 4-C, Extraordinary, dated 18.5.1983, page 37 [18-5-83].] to cancel this licence and to forfeit the initial fee and the licence fee and to impose on the licensee a penalty which may extend to Rs. 500/-(Rupees five hundred) and to recover from him the amount of penalty as arrear of land revenue.
Date of Issue..........Excise CommissionerI...............Licence No.............of.....................Hotel................place acknowledge the receipt of the licence granted to me and do hereby accept and undertake to abide by its terms and conditions.Date..............Signature of Licensee[Form D] [Added by GSR 27, Dated 13.8.1984, Published in Rajasthan Government Gazette Part 4-C, Extraordinary, dated 14.8.1984, page 101 [13-8-84].]Licence for the retail sale or foreign liquor at club.| Licence No.................................. | District....................... |
| Locality......................................... | |
| Name of license holder............... | |
| Name of approved salesman..... |
1. The licensee shall in addition to initial fee pay for the retail sale of foreign liquor fee per litre at the rate prescribed in Rule 69(1) of the Rajasthan Excise Rules, 1956 subject to the minimum fee of Rs.......... (in words)...............per year or a part thereof which shall be paid before the grant of licence.
2. If any time the fee assessed per litre exceeds the minimum fee paid, such excess shall be paid by the licensee before he obtain liquor from the wholesale dealer for sale.
[Provided further that the licensee may directly purchase wine from a wholesale licensee holding a licence under Rule 47(l)(a) of Rajasthan Excise Rules, 1956 on the basis of a permit issued by the District Excise Officer. The licenseeshall also have to pay wholesale licence fee prescribed under Rule 69(1) of Rajasthan Excise Rules, 1956.] [Added by Notification No. G.S.R. 2, dated 1.4.2002 (w.e.f. 22.3.1973).]3. Sale of liquor shall be made only at the licensed premises of the club. The foreign liquor shall be served only to the Bonafide members of the Club and their guest. Sale of liquor shall not to be made to the minor members of the Club. Foreign liquor shall be served only in the room earmarked for the purpose of such other place in the Club as may be approved by the Excise Commissioner.
4. Guest of the Club will be allowed to consume liquor on the Club premises on special occasion/function with the prior permission of the District Excise Officer provided that such occasions/functions should not exceed twelve in one year.
5. Sale of liquor shall be made in glasses or by been bottles only. Such bottles will, on no account, be removed by the members from the premises.
6. No sales shall be made on dry days prescribed by the Excise Commissioner, provided that this restriction shall not apply to the Foreign Embassy.
7. No sale shall be made after 11 P.M. and before 7 A.M.
8. A true and detailed account of the licence fee on the balance of stock on 1st April of every year and the quantity purchased after that date through permit till the date of application of every transport permit alongwith the amount deposited for the fresh intended purchase shall be submitted to the District Excise Officer concerned alongwith the application of every permit for transport.
8A. [ Licenses of urban area shall upload daily stock position of beer/ wine etc. next day on web-site of the department or designated mobile app.] [Inserted by Notification No. G.S.R. 1, dated 1.4.2015 (w.e.f. 22.3.1973).]
9. With regard to any matter arising out of this licence, the licensee will not be entitled to bring any action in court at place other than Udaipur.
10. In case of default or infringement by the licensee or his servant any condition of this licence or any provision of the Rajasthan Excise Act, 1950 or the provisions of the Opium Act. 1878 or rules framed thereunder or any order passed by the Excise Commissioner it shall be competent for the Excise Commissioner to cancel this licence and to forfeit the initial fee and the licence fee and to impose on the licensee a penalty which may extend to Rs. 500/- (Rupees five hundred) and to recover from him the amount of penalty as arrear of land revenue.
Date of Issue..........Excise CommissionerRajasthan, UdaipurI.......... Licence No............Club............. Place-acknowledge the receipt of the licence granted to me and do hereby accept and undertake to abide by terms and conditions.Date...........................Signature of licensee[Form E] [Added by GSR 89, Dated 26.10.1994, Published in Rajasthan Government Gazette Part 4-C, Extraordinary, dated 28.10.1994, page 319(6) [26-10-94].][Rule 3(11)]Licence for the Retail on Sale of Beer at Restaurant| Licence No.................................. | District....................... |
| Locality......................................... | |
| Name of license holder............... | |
| Name of approved salesman..... |
1. The licensee shall, in addition to initial fee, pay for retail sale of Beer, Fee per dozen at the rate prescribed in Rule 69(1) of the Rajasthan Excise Rules, 1956 subject to the minimum fee of Rs......... (in words................) per year or a part thereof which shall be paid before the grant of licence.
2. If at any time the fee assessed per dozen exceeds the minimum fee paid such excess shall be paid by the licensee before he obtains Beer from the wholesale dealer or Retail vendor of the local area for sale. Provided that with the prior permission of the Excise Commissioner, the licensee can also Import into Rajasthan Foreign Beer from outside India after obtaining an import licence from the Chief Controller, Imports & Exports, Government of India, after depositing necessary Vend Fee as required under rule 5 A of the Rajasthan Excise (Grant of Hotel Bar/Club Bar/Restaurant Beer Bar Licences) Rules, 1973.
3. Sale of Beer shall be made only at the licensed premises of the Restaurant. Beer shall be served to the consumers only in the room earmarked for the purpose of dining halls or such other place or places in the Restaurant as may be approved by the Excise Commissioner.
4. No sales shall be made on dry days prescribed by the Excise Commissioner, provided that this restriction shall not apply to foreign tourists and visitors, who can be served Beer on dry days also.
5. No sales shall be made after 11 P.M. and before 9 A.M.
6. (a) A true and detailed account of the licence fee on the balance of stock on 1st April of every year and the quantity purchased after that date through permits till the date of application of every transport permit alongwith the amount deposited for fresh intended purchase shall be submitted to the District Excise Officer concerned alongwith the application of every permit for transport.
| Serial No. | Date | Name and address of foreign tourists and visitors | Nationality | Passport No. | Quantity of Beer served |
| 1 | 2 | 3 | 4 | 5 | 6 |