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State of Bihar - Section

Section 33 in The Bihar Excise (Settlement of Licences for retail sale of Country/Spiced country liquor) Rules, 2004

33.

The licensee shall be bound to comply with the general or special instructions issued from time to time by the Commissioner of Excise or the Licensing Authority.izi= N & 10
Transport Pass for C.S./Spiced Country Liquor See Rule 26(1)of Bihar Excise (Settlement of country/spiced country liquor)Rules, 2004 Transport Pass for C.S./Spiced country liquor See Rule 26(1)oi Bihar Excise (Settlement of country/spiced country liquorRules, 2004 Transport Pass for C.S./Spiced country liquor See Rule 26(1)of Bihar Excise (Settlement of country/spiced country liquor)Rules, 2004 Transport Pass for C.S. /Spiced country liquor See Rule 26(1)of Bihar Excise (Settlement of country/spiced country liquor)Rules, 2004
Counter foil (To be kept in Excise office) First copy: (To be Retained in warehouse or manufacturing unitfor record) Second copy: (To be Retained to Excise office by warehouse/manufacturing unit) Third copy: (For licensee)
1. Name of the Licence holder to whom granted.......... 1. Name of The Licence holder to whom granted........... 1. Name of the Licence holder to whom granted.......... 1. Name of The Licence holder to whom granted...........
2. Name of the Shop.............. 2. Name of the Shop.............. 2. Name of the Shop.............. 2. Name of the Shop..............
3. Area of the Group........... 3. Area of the Group............. 3. Area of the Group........... 3. Area of the Group.............
4. Serial No. of pass and date of issue........ 4. Serial No. of pass and date of issue............... 4. Serial No. of pass and date of issue........ 4. Serial No. of pass and date of issue...............
5. Excisable articles.......... 5. Excisable articles............... 5. Excisable articles.......... 5. Excisable articles...............
6. Quantity in B.L............. 6. Quantity in B.L.................. 6. Quantity in B.L............. 6. Quantity in B.L..................
7. Quantity in L.P.L........... 7. Quantity in L.P.L................ 7. Quantity in L.P.L........... 7. Quantity in L.P.L................
8. Treasury challan No. with date.......... 8. Treasury challan No. with date.............. 8. Treasury challan No. with date.......... 8. Treasury challan No. with date..............
9. Amount of the Issuance fee deposited in the treasury. 9. Amount of the Issuance fee deposited. 9. Amount of the Issuance fee deposited in the treasury. 9. Amount of the Issuance fee deposited.
Date............ Date............ Signature of the Assistant Commissioner ofExcise/ Supdt. of Excise Date............ Signature of the Assistant Commissioner ofExcise/ Supdt. of Excise Date............ Signature of the Assistant Commissioner ofExcise/ Supdt. of Excise
Place........... Place........... Place........... Place...........
Signature of the licensee or his authorisedsalesman/Agent with full name. From warehouse:— From warehouse:— From warehouse:—
(i) Actual quantity issued from warehouse (givedetails)......... (i) Actual quantity issued from warehouse (givedetails)......... (i) Actual quantity issued from warehouse (givedetails).........
(ii) Pass No. of Warehouse with date........ (ii) Pass No. of Warehouse with date........ (ii) Pass No. of Warehouse with date........
(iii) Kind of vehicle and Registration No...... (iii) Kind of vehicle and Registration No...... (iii) Kind of vehicle and Registration No......
(iv) Route of movement...... (iv) Route of movement...... (iv) Route of movement......
Signature of the Assistant Commissioner of Excise/Supdt. of Excise Signature of the licensee or his authorised Salesman/Agentwith full name. Signature of the Warehouse Officer with Seal. Signature of the licensee or his authorised Salesman/Agentwith full name. Signature of the Warehouse Officer with Seal. Signature of the licensee or his authorised Salesman/Agentwith full name. Signature of the Warehouse Officer with Seal.
       
izi= N & 11List of Authorised agent or salesman(See Rules 133 & 134 of Board's Rules, vide Notification No. 23-137-2 dated 29th April, 1919)District............................................................................................Area of Group ...............................................................................Name of The Licensee.............. Licence No. ............................Name of The shop .......................................................................
Sl. No. Name of the Salesman Father's Name Age Native village/P.S and District & PresentAddress Signature of the Salesman/Agent Signature of the Licensee
1 2 3 4 5 6 7
             
Valid from date.................. to.................Date..................Place.................Signature of the Asstt. Commissioner of Excise/Excise SuperintendentDistrict..............
Form 26C Form 26C
CounterfoilLicence for the retail vend ofCountry liquor including Spiced Country LiquorDistrictLicenceNo...........Name of Licensee..............SecurityDeposit.........Current from............to..........AnnualLicence fee................Monthly Licencefee..............Area of Group.................Annual Minimum Guaranteed QuotaofGroupQuota: C.S....No. of shops....Quota: Spiced C.S...... No. of shops.Received the licence of which thisis the counterfoil, and a copy of the general conditionsapplicable to all excise licences.Date.........Place........Signature of the Licensee (With Full Name) Licence for the retail vend ofCountry Liquor including Spiced Country Liquor.Note-The counterfoil of thislicence is to be signed by the Licensee and filed in theCollector's office.District..........Licence No.(For the group of shop)....Name of Licensee............Areaof Group............Annual Minimum Guaranteed QuotaofGroupQuota: C.S. ...... No. of shops.........Quota:Spiced C.S No. of shops..........Annual Licencefee..........Monthly Licence fee.........BE it known thatSri/Ms........ resident of village/Mohalla........ PS........District......... State.......... is hereby authorised by theundersigned, Collector of........ district, to open........number of 'ON' shops (where consumption of liquor within thelicenced premises is permitted) and .............. number of'OFF' shops (where consumption of liquor within the licensedpremises is not permitted) at the localities list of which isannexed, for the sale by Retail of Country Liquor includingSpiced Country Liquor from...... to..... 31st March 20........It is required by the holder of this licence, asa condition of its remaining in force that he/they duly andfaithfully perform and abide by the Rules and general conditionsas framed under the Bihar Excise Act, 1915 and the Bihar Excise(Settlement of licenses for the Retail Sale of Country/SpicedCountry Liquor Rules, 2004, as well as the following conditions—
I. That he/they pays to Government in advance as security, a sum equal to sixth of the annual Licence Fee in the following manner.....(a)1/6th part of the annual Licence Fee immediately after the bid and(b)1/12th the part of the annual Licence Fee either within ten days of the auction or before getting the licence, whichever is earlier.II. That he/they pays a monthly instalment equivalent to 1/12th part of the annual licence fee by the 20th of every month during the whole licensing period.III. That spirituous liquors shall be brought for sale under this licence under proper pass issued by the Superintendent of Excise/Assistant Commissioner of Excise of the district concerned.IV. That he/they does not sell, under colour of this licence, any spirituous or fermented liquor, whether manufactured in India or imported, except country liquor, whether manufactured in India or imported, except country liquor/spiced country liquor duly supplied under condition III above.V. That he/they does not sell to any person at one time more than 1,200 litres except under a special pass granted by the Collector/Assistant Commissioner of Excise/Superintendent of Excise/Sub-Divisional Officer or other officers or a person duly authorised in that behalf.VI. That he/they does not sell, expose for sale, or keep in his possession spirit of strength other than those mentioned below and at a price above or below the one mentioned against each strength-
  Kind of Liquor Strength Fix Price
A. Country Liquor 60.0 U.P. Per bottle of 600 ml.  
  Country Liquor 60.0 U.P. Per bottle of 300 ml As notified from time to time
  Country Liquor 60.0 U.P. Per bottle of 150 ml.
B. Spiced Country Liquor 35.0 U.P. Per bottle of 600 ml  
  Spiced Country Liquor 5.0 U.P. Per bottle of 300 ml.  
  Spiced Country Liquor 35.0 U.P. Per bottle of 150 ml.  
VII. That he/they does not sell liquor on credit.VIII. That he/they does not mix with the spirit kept or sold in the shop any substance such as Kuchila, aconite, dhatura or any objectionable article such as tobacco, pepper or Kerosene oil intended to increase the intoxicating power of the liquor, increase thrust, and that all or part of the liquor shall be kept in sealed bottle, if required by the Collector.IX. That he/they maintains an ample supply of liquor of each prescribed strength/kind.X. That unless specially permitted by the Commissioner in the case of any particular strength, or in any particular area, he/they shall not reduce the strength of any country liquor including spiced country liquor issued, from any Excise Warehouse to a lower strength by the addition of water or by mixing with spirit of lower strength or by any means whatsoever.XI. That he/they does not sell or deliver any country liquor including spiced country liquor to any person apparently under the age of twenty one years whether for consumption by such person or by any other person, and whether for consumption 'ON' or 'OFF' the premises.XII. That he/they does not employ or permit to be employed in any part of his licenced premises, either with or without remuneration, any person under the age of twenty one years during the hours in which such premises are kept open for business.XIII. Premises licensed for retail vend of country liquor including spiced country liquor shall be kept open from 10.00 A.M. to 2 RM. and 3.00 RM. to 10.00 P.M. throughout the whole year, except shop closure days.XIV. (a) There shall be a separate enclosed shed attached to the shop for 'ON' consumption of liquor, which shall be hidden from the public view. The shops shall be thoroughly cleaned and swept before and after sale hour. The shed shall also occasionally, but not less than twice a month, be washed with phenyl and sprayed with DDT. The responsibility for this will be with the licensee. No. consumption of liquor in or near the sale counter shall be allowed.(b)The approach to the shop shall be kept neat and clean. At brisk sale hours, queue system for delivery of liquor to consumers from the sale counters shall be encouraged.(c)Within the shop itself, there shall be separate store-room where stock of liquor shall be kept sealed. Each strength/kind of liquor shall be separately kept well arranged.(d)Separate urinal and septic latrine shall be provided for use of consumers at distances away from the 'ON' shops. The urinal and latrine shall be kept clean and in hygienic conditions.(e)there shall be a separate stall on a raised platform with enclosure for sale of 'chats' and snacks in cases of 'On' shops. These eatables should conform to the Public Health Standards and Rules, and shall be subject to inspection by officers of the Public Health Department.(f)The provision for avoiding drunkenness in the shop premises of 'ON' shop shall be rigidly enforced.(g)The premises of 'ON' shops shall be well lit and ventilated.XV. That he/they will have to lift 1/12th of-The Annual Minimum Guaranteed Quota by the end of last working day of every month, and subject to the provisions of Rule 25 of The Bihar Excise (Settlement of licences for retail Sale of Country/Spiced Country Liquor) Rules, 2004.XVI. (i) That he/they will obtain pass for lifting of liquor including spiced country liquor from liquor warehouse, from the office of the Superintendent/Assistant Commissioner of Excise of the district, after depositing the issuance fee for the quantity to be lifted.(ii)The rate of issuance fee will be determined from time to time by the Board of Revenue, and this rate may be different for the monthly minimum guaranteed quantity and the quantity lifted beyond the same.(iii)In addition to issuance fee mentioned above, he/they will have to pay that price of liquor to the liquor warehouses, the rate whereof shall be determined from time to time by the Board of Revenue.XVII. The period of the licence is extendable subject to Rule 4(2) of the Bihar Excise (Settlement of licences for retail Sale of Country/Spiced Country Liquor) Rules, 2004. The licence fee and the Minimum Guaranteed Quota for the extended period shall be as per the directions issued from time to time by the Excise Commissioner and shall be binding on the licensee.XVIII. The licensee shall keep and maintain the daily account register of stock and sale of sale of each strength/kind of liquor in each shop of the group. The account register shall be duly certified by the Assistant Commissioner or Excise Superintendent of Excise of the district concerned.XIX. That the conditions of the Sale Notification shall be deemed to be the conditions of this licence to the extent they are applicable.N.B. - (1) Infraction of any of the above conditions of the general conditions applicable to Excise vend licences will subject the holder of this licence to forfeiture of the licence and to all or any of the penalties prescribed by law or Rule.
(2)No sale shall be affected on the following days, and as notified from time to time by the Board of Revenue.
(i)Second day of Every Month (ii) Republic Day (26th January) (iii) Independence Day (15th August) (iv) Birthday of Mahatma Gandhi (2nd October) (v) Mahavir Jayanti (vi) Ram Navami (vii) Budh Jayanti (viii) Durga Puja (Dasmi) (ix) Id-ul-Fitr (x) Muharrum (xi) Holi (xii) Dipawali.
(3)Certified copy of this licence shall be kept in each 'ON' and 'OFF' shop of the Group.Collectorate of.The 20 Collector.