Section 2 in Haryana Restaurant (Consumption of Liquor) Rules, 1988
2. Definitions.
- In these rules unless the context otherwise requires, -(a)"Country Liquor" means country liquor as defined in the Punjab Excise Liquor Definitions, 1954;(b)[ "Foreign Liquor" means Rum and Gin of fifty degree proof.] [Substituted vide Haryana Government Notification No. GSR 20/PA1/14/s.58/Amd(1)/91 dated 26.3.1991.](c)"Form" means a form appended to these rules;(d)"Licensed restaurant" means a restaurant which has been licensed under these rules;(e)"licensee" means any proprietor of a restaurant licensed under these rules;(f)"proprietor" means the proprietor of a restaurant and includes any occupier there of as defined in Haryana Municipal Act, 1973;(g)"restaurant" means any place to which the public is admitted for consumption of food or drink for a consideration and includes Ihata attached to a retail liquor vend situated in towns or localities specified in the Appendix to these rules; andNote :- The expression mentioned in these rules but not defined herein shall have the meanings assigned to them under the Punjab Excise Act, 1914 and the rules framed thereunder.[3. Possession of country liquor and foreign liquor, Section 58(2)(f). - (1) No person shall keep or have in possession country liquor or foreign liquor in any quantity on any premises used as a restaurant in whole of the State of Haryana unless a licence for each such premises has been obtained by him for consumption of liquor under these rules.(2)The restriction under sub-rule (1) shall have effect whether or not the quantity of liquor in the possession of a person falls within the limit of retail sale as fixed by the State Government from time to time.] [Substituted vide Haryana Government Notification No. S.O.41/P.A.1/1914/S.58/2003 dated 31.3.2003.][4. Number of licenses restaurants, section 58(2)(f). - The number of licensed restaurants for consumption of liquor in any of the districts may be equal to the number of liquor vends in a district.] [Substituted by Haryana Notification No. S.O.34/P.A.I/1914/S.58/2004. dated 31.3.2004][5. Grant of license Section 58(2)(f). - [(1) Subject to other provisions of these rules, a license in form L-52 (Anumat Kaksh) and subject to the conditions contained therein may be granted on 2% of license fee of the vend subject to a minimum of one lac rupees as license fee of the Anumat Kaksh. In case where the vend is part of the group, the license fee of the vend for which Anumat Kaksh shall be computed by dividing the group license fee among all the vends of the group in the ratio of basic quota allotted to each vend of the group for the purpose of arriving at the license fee for Anumat Kaksh. The Anumat Kaksh shall not be operated in an open space without boundary. The space shall to be confined and enclosed and shall not be a thorough fare or a crossing being used by general public. The space shall not be ordinarily visible to the passersby and the access to such a space should be through a well defined entry. The overall objective is to prevent drinking in public in full view of the passersby. Anumat Kaksh shall only be operated from adjoining place to the vend and in the same premises. The area of Anumat Kaksh shall be approved by Deputy Excise and Taxation Commissioner (Excise) at the time of approval of the Anumat Kaksh and licensee shall not encroach beyond the area approved. Liquor shall not be sold or served in any manner in the Anumat Kaksh. In order to prevent rowdy and drunken behavior in public, one Anumat Kaksh with each retail vend, shall be allowed by the Deputy Excise and Taxation Commissioner (Excise) strictly as per the provisions of the Excise Policy and relevant Excise Rules/Intoxicants License and Sales Orders 1956, for each retail outlet of liquor (L-14A/ L-2) in urban areas and sub-urban areas falling within 5 Kilometers from the outer limit of respective Municipal Corporation/Council/Committees and borders with other States. The licensee is required to have proper structure and furniture and to maintain cleanliness and hygienic environment.] [Substituted by Haryana Notification No. S.O.39/P.A.I/1914/S.58/2006. dated 31.3.2006]](2)[ The Collector while allowing a licence in Form L-52 Permit Kaksh, shall prefer only those licensees who shall provide better conditions for sitting and better standards of hygiene and health. The Collector shall also devise a set of norms which shall be mandatory to be followed by the licensee.] [Added by Notification No. S.O. 23/P.A.1/1914/S.58/2008., dated 31.3.2008 (w.e.f. 1.4.1988).]
