Section 348 in Rules under the United Provinces Excise Act, 1910
348. General conditions binding on retail shops.
- The following conditions shall be binding on all persons holding licences for the retail sale of intoxicants :(1)The licensee shall produce for inspection his licence on demand by officers who are duly authorised to do so.(2)Sales shall be made only on the premises for which the licence is granted.(3)The licensee shall store all his stock of intoxicants pertaining to his shop in the premises for which he holds the licence.(4)In case where a transfer or sub-lease is allowed under the rules no transfer or sub-lease (whether entire or partial) of the business covered by the shop licence shall be made except with the previous sanction of the Collector.(5)The licensee shall close his shop when ordered to do so by any Magistrate or Police Officer above the rank of constable, and shall without any order close his shop in the event of riot or unlawful assembly.(6)Every shop licensed for the sale of-[1] Country-spirit;[2] Tari;[3] Foreign liquor for consumption "on and off" the premises;[4] Foreign liquor for consumption "off" the premises,shall be kept closed on the day following the burning of Holi and on the principal Dewali day.Exception. - This condition does not apply to railway refreshment rooms, dining cars and such hotels, and restaurants which are licensed for the sale of foreign liquor to foreign tourists.(7)[All excise shops of every intoxicant shall not be kept open on the following days : [Substituted by Notification No. 1845/U.P. Sansodhan-89-90, dated 12th February, 1989, published in U.P. Gazette, Part 1-Ka, dated 1st April, 1989.][1] Republic day (January 26),[2] Independence day (August 15),[3] Mahatma Gandhi's birthday (October 2),[4] The first day of every month, and[5] Any other three days of a year as declared by the Collector in his district :Provided that if the first day of the month be a public holiday the day next following the said day shall be the day on which the said shops shall not be kept open :Provided also that the Excise Commissioner, may in consultation with the Collector of the district concerned, waive the condition of not keeping the aforesaid shops open on the first day of the month or on any of the said three days of the year or on the said next following day of the month, as the case may be, for such specified period as he may think fit, in the case of hotels possessing a licence in Form F. L. 6 for the sale to such foreign tourist, as may hold a valid permit under the All India Liquor Permit Scheme of the Government of India.] [Substituted by Notification No. 4668-E-2/XIII-56 (T.C.) IV, dated 4th February, 1989, published in U.P. Gazette, (Extraordinary), Part 4, dated 4th February, 1989.](8)The licensee shall not allow any person to conduct sale in his licensed premises unless the name of such person has been previously approved by the Collector and endorsed by him on the licence.Note. - (1) No licensee in urban area shall be allowed more than 7 salesman and in rural area more than 4.(2)In order to guard against fraudulent removal of intoxicants from the bonded warehouses the licensee shall furnish a list of persons authorised to take supplies on his behalf to the officer concerned.(9)The licensee shall not employ any person suffering from any infectious or contagious disease for any purpose in his licensed premises.(10)Persons of bad character shall not be allowed to resort to the shop. The presence of suspicious characters shall be at once reported to the nearest Police Officer. Intoxicating, gambling, disorderly conduct and the holding of entertainments shall not be permitted on the premises.(11)Sales shall not be made to -(a)soldiers or members of a soldier's family, except when such sale is expressly authorised by the Collector;Proviso-This prohibition does not extend to the sale of Bhang to soldiers.Explanation. - "Soldier" does not include a commissioned officer, member of the Auxiliary or the Indian Territorial Forces when not in uniform, a soldier in civil employ, or an Indian soldier absent on leave from his regiment.(b)Camp followers, except when such sale is expressly authorised by the Collector.Explanation. - "Camp followers" means a follower whether on or off duty other than a private servant whom the vendor knows is or has reason to believe to have a right to be in cantonment.Notes. - (1) The Collector shall authorise sale under clauses (a) and (b) above only in the case of licensed vendors of foreign or country liquor specially approved by the General Officer Commanding the division for the Independent Brigade or by the Officer Commanding the station and then only the sale of such liquor as shall have been approved by the same authority in consultation with them. The terms of each permission must be recorded on the licence.(2)Clauses (a) and (b) above do not apply to canteen tenant licences.(c)Persons under eighteen years;Note. - Breach of this condition punishable under Section 61 and cannot be compounded under Section 74 of the Excise Act IV of 1910.(d)Railway servants on duty;(e)Police Officers below the rank of Sub-Inspector, when in uniform;(f)Officers of the Excise Department below the rank of Excise Inspector, when in uniform;(g)European vagrant under police custody;(h)Insane persons;(i)Persons known or believed to be intoxicated.
