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State of Punjab - Section

Section 38 in The Punjab Liquor Licence Rules, 1956

38.

The licences shown in this rule are granted subject to the special conditions noted under each in addition to the conditions laid down in Rule 37.
(1)A license in form L-1 for the wholesale or retail vend of foreign liquor to the trade.
(a)[ The license shall be granted only to the person/firm/company having retail trade (L-2 License) of alteast one group/zone in concerned revenue district. This license shall be granted in the same name and style of the trade as of the L-2 license. [Substituted by Notification No. G.S.R.06/P.A.1/1914/S.59/Amd.(133)/2017, dated 28.3.2017 (w.e.f. 2.4.1956).]
The licensee shall sell foreign liquor, wholesale or retail, bottled or otherwise, only to a person holding license in form L-1,L-2 (of the same revenue district), L-2A (Beer only), L-3A, L-4, L-4A, L-5, L-5A, L-6, L-7, L-8, L-9,L-10, L-13A,(if so authorized by the Collector for the purchase of Indian Made Foreign Liquor of the strength of 40 degrees under proof) L-10B, L-12, L-12A, L-12B or L-12C or to a licensee in any State, and he shall not sell un-bottled liquor to any retail vendor, who is not licensed to sell for consumption on his premises, and he shall sell bottled liquor only in sealed and capsuled bottles. However, if L-2 licensee does not get liquor of any particular brand in his district or the required quantity of that brand is not available in his district then he can obtain permits for purchase of liquor from any L-1 licensee in the State with prior approval of the concerned Deputy Excise and Taxation Commissioner.] [Added by Notification No. G.S.R.06/P.A.1/1914/S.59/Amd.(133)/2017, dated 28.3.2017 (w.e.f. 2.4.1956).]
(aa)[ The licensee L-3,L-4,L-5, L-3A, L-4A, L-5A, L-5B and L-12C who wants to avail the facility of purchasing liquor from L-1 licensee, shall apply to AETC alongwith his GST returns and any other information as may be sought by the concerned AETC. After satisfying himself that the GST turnover of the licensee is above Rs.5.00 crore, the Collector shall make an endorsement in the license that the licensee is permitted to obtain the liquor from L-1. There after, such licensee shall purchase liquor only from L-1 licensee not from L-2 licensee. In case of 5 Star Hotel, who begin their operation during the financial year 2018- 19, the condition of having GST turnover of Rs. 5.00 crore in the previous year shall be exempted.] [Inserted by Punjab Notification No. G.S.R.14/P.A.1/1914/S.59/ Amd.(136)/2018, dated 22.3.2018 (w.e.f. 2.4.1956).]
(b)If the licensee holds a licence in form B-1 (Brewery licence) or D-2 (Distillery licence), no sale of less than 12 bottles of the capacity of 750 litres each or 9 litres shall be permitted.
(c)The licensee shall maintain accounts of receipts and sales in form L-22 and shall at the end of each month prepare and submit to the Excise Inspector a monthly true abstracts of receipts and sales in form M-66.
(d)[ The licensee shall maintain a category-wise and variety-wise sale and stock register in respect of all the brands purchased and sold by him] [Added by Punjab Government Notification G.S.R. 40/P.A.I/14/Section 59/Amd. (104)/2001 dated 30.3.2001.]
(e)[ The licensee shall purchase Indian Made Foreign Liquor, Imported Foreign Liquor, Beer, Wine and Ready to Drink Beverages (Indian and Imported) directly from manufacturing units of the State (Distillery, Brewery or Bottling Plant licensees of the State). Licensee can transfer liquor from one L-1 to another L-1 on payment of prescribed permit fee.] [Substituted by Notification No. G.S.R.06/P.A.1/1914/S.59/Amd.(133)/2017, dated 28.3.2017 (w.e.f. 2.4.1956).]
(f)[ The licensee under any name or style, who has ever violated any excise law or terms and conditions of his license granted by the department to him, shall not be eligible for grant or renewal of license. [Inserted by Notification No. G.S.R. 17/P.A. 1/1914/S.59/Amd. (124)/2013, dated 22.3.2013 (w.e.f. 2.4.1956).]
(g)If the licensee is found indulging in any mal practices, his license would be suspended/cancelled.]
[(1-A) [Substituted by Notification No. G.S.R. 07/P.A.1/1914/S.59/Amd.(135)/2018, dated 1.2.2018 (w.e.f. 2.4.1956).] A licence in Form L-1A (IMFL), L-1A (BIO) and L-1A (BEER), Shall be omitted:Provided that a person previously holding the license in Form L-1A (BIO) and L-1A (BEER), shall return the stock of liquor for the year 2016-17 manufactured within the State, to the respective manufacturing companies:Provided further that a person previously holding the license in form L-1A (BIO) and L-1A (BEER), shall return the stock of liquor for the year 2016-17 imported from other States or form approved custom bonded warehouses to the Collector (Excise) of the Division concerned. The Collector (Excise) shall thereafter, transfer such stock to any existing L-1 or L-1 (Import)license, who is licensed to sell liquor of the kind surrendered.]
(1B)[ ***] [Omitted by Notification No. G.S.R.06/P.A.1/1914/S.59/Amd.(133)/2017, dated 28.3.2017 (w.e.f. 2.4.1956).]
(1C)[ A license in Form L-1C for export of foreign liquor to other countries by a person other than distilleries, breweries, wineries, bottling plants and licensees holding license in Form L-1.
(a)The License shall be granted and renewed by the Excise Commissioner, Punjab.
(b)The license shall be granted on a fixed fee.
(c)The licensee shall export foreign Liquor to other countries only.
(d)The licensee shall comply with all the conditions of BWH-2 license.
(e)The licensee shall be entitled to all the facilities available to a BWH-2 licensee.]
[(1-I) A supplementary license in Form L-1 (Import) for the additional Whole sale or retail vend of Indian Made Foreign Liquor, Imported Foreign Liquor, Beer, Wine and Ready to Drink Beverages to the trade.
(a)This license shall be in addition to L-1 license. This license shall be granted only to L-1 Licensee.
(b)The annual license fee for this license shall be 15 lac rupees. If this license is granted during the year in any month, the licensee shall pay license fee of Rs. 15 lacs for the same.
(c)The licensee shall be authorized to purchase liquor from outside State and Custom Bonded Warehouse,]
(2)A licence in form L-2 for the wholesale or retail vend of foreign liquor to the public for consumption 'off' the premises. -
(a)[ The licensee shall not sell liquor for consumption "on" the premises. Licensee can supply draught beer in marriage functions and other functions after getting this supply directly from the Breweries. All levies leviable on this shall be deposited at L-2 stage. The excise duty shall be payable at the time of issuing transport permit at L-2 and L-14A stage. License holder in form L-3, L-4 and L-5, L-3A, L-4A and L-5A , L-5B and L-12C shall get their liquor supply from any L-2 licensee of concerned excise circle except the licensees who are allowed to purchase liquor from L-1 licensee directly as per special condition (1), clause (aa) The L-2 licensee while selling liquor to a bar licensee, shall not take a profit margin of more than 5 percent over his purchase price from L-1 licensee.] [Substituted by Punjab Notification No. G.S.R.14/P.A.1/1914/S.59/ Amd.(136)/2018, dated 22.3.2018 (w.e.f. 2.4.1956).]
(b)If the licensee holds a licence in form L-1 for wholesale and retail vend of foreign liquor to the trade he shall obtain the permission of the Excise Commissioner to keep the stocks under both the licences on the same premises, but the stocks under both the licences shall be kept separate from each other and the transfer of foreign liquor from the stocks under the licence in form L-1 to the stocks under the licence in form L-2 shall be made only under a pass prescribed under the rules.
(c)The licensee shall maintain accounts of receipts and sales in form L-22 and shall at the end of each month prepare and submit to the Excise Inspector a monthly true abstracts of receipts and sales in form M-66.
(d)[ The licensees shall issue in respect of a transaction of sale, wholesale or retail sale, cash memo/invoices for all the sales effected by them from their vends to a customer which shall be serially numbered bearing the name and address of the licensee with the name of the vend, his license number, date of sale, particulars and quantity of the liquor sold and sale price thereof. He shall preserve a copy of such cash memo/invoices till one month after the close of the financial year in which the cash memo/invoices issued.] [Substituted by Punjab Notification No. G.S.R.14/P.A.1/1914/S.59/ Amd.(136)/2018, dated 22.3.2018 (w.e.f. 2.4.1956).]
(e)[ The license shall maintaina category-wise and variety-wise sald and stock register in respect of all the brands purchased and sold by him] [Clause (e) added by Punjab Government Notification G.S.R. 40/P.A.I/14/Section 59/Amd. (104)/2001 dated 30.3.2001.]
Note - This shall not absolve the licensee from any obligation imposed upon him by the Punjab General Sales Tax Act, 1948.
(2A). A licence in Form L-2A for retail vend of Rum, Gin and Whisky of the strength of 35 degree under proof and Beer, as the case may be, to the public only for consumption off the premises. -
(a)[ The licensee shall not sell Rum, Gin and Whisky of the strength 35 degree under proof and Beer, as the case may be, for consumption on the premises;] [Legislative Supplement Part III 27.3.1993.]
(b)The licensee shall not store or sell Rum, Gin and Whisky of the strength of 35 degree under proof and Beer, as the case may be, on the premises other than those licensed in Form L-14-A;
(c)The licensee shall obtain his supplies of Rum, Gin and Whisky of the strength of 35 degree under proof from L-13A licensee in the State except allowed to do so otherwise by the Collector and the supply of Beer from L-1 licensee of his district and in case no L-1 licensee is available in that district, from L-1 licensee of the neighbouring district or as per directions of the Excise Officer incharge of the district to which is licence relates;
(d)With the determination of the licence in Form L-14A the licence in Form L-2A shall stand determined simulteneously;
(e)[ The licensee shall maintain accounts of receipts and sale in Form L- 26 and shall at the end of each month prepare and submit to the Excise Inspector a monthly true abstract of receipts and sale in Form M- 6.] [Legislative Supplement Part III dated 21.3.1989.]
(2B)[ [Substituted by Notification No. G.S.R. 12/P.A. 1/14/S.59/Amd. (115)/2007, dated 24.4.2007 (w.e.f. 2.4.1956).] The Departmental Stores shall be allowed to sell imported foreign liquor (Bottled in Origin), bottled Beer of 300 ml, beer imported from abroad, beer in Cans of any size, wine upto 13.5% v/v and ready to drink beverages upto 200 proof strength for consumption off the premises in all the district and sub-divisional head quarters of the State against a license in form L-2B.] [Inserted by Notification No. G.S.R.06/P.A.1/1914/S.59/Amd.(133)/2017, dated 28.3.2017 (w.e.f. 2.4.1956).]
(2C)[ A license for mega retail outlets in the State of Punjab for sale of imported liquor/IMFL/Beer/Wines/Spirits for consumption off the premises:-
(a)The licensee shall sell imported liquor/IMFL/Beer/Wines/Spirits from their premises to the coustomers (both having a license to deal in liquor as sell as other business customers).
(b)Gross corporate turnover of the applicant in India should be more than Rs. 100.00 crore per annum. In the case of new units, the projected sales should be Rs. 100.00 crore or more per annum.
(c)The licensee shall maintain account of receipts and sales and submit to the Excise Inspector a monthly abstract of such receipts and sales in Form M-66; and]
(2D)[ A license in Form L-2D for the retail vend of beer and wine for consumption off the premises.
(i)The license shall be renewable by the Collector.
(ii)The licensee shall sell wine of all types up to 13.5% v/v and beer imported from abroad (bottled in origin) for consumption off the premises.
(iii)The licensee shall maintain accounts of receipts and sales and submit to the Excise Inspector a monthly abstract of such receipts and sales in Form M-66.]
[(2-E) (Model Shop) - A license in Form L-2E for the whole sale and retail vend of Indian Made Foreign Liquor/Imported Foreign Liquor/Beer/Ready to Drink Beverages/Wines for consumption off the premises;
(a)The license shall not be renewable;
(b)The licensee shall sell Indian Made Foreign Liquor/Imported Foreign Liquor/Beer/Ready to Drink Beverages/Wines for consumption off the premises; and
(c)The licensee shall be required to provide neat and clean
environment.]
(3)A licence in form L-3 for the retail vend of [foreign liquor including beer, wine and ready to drink beverages in a hotel [Substituted vide Punjab Government Notification No. G.S.R. 24/P.A. 1/14/Sections 31, 32 and 58/Amd. (160)/2004 dated 29.3.2004.]] [Substituted by Notification No. G.S.R.19/P.A.1/1914/S.59/Amd.(127)/2016, dated 23.3.2016 (w.e.f. 2.4.1956).] for "on" consumption. -
(a)[ The licensee shall sell foreign liquor including beer, wine and ready to drink beverages in retail for consumption on the premises only to residents in his hotel;] [Substituted vide Punjab Government Notification No. G.S.R. 24/P.A. 1/14/Sections 31, 32 and 58/Amd. (160)/2004 dated 29.3.2004.]
(b The licensee shall not set up or maintain on the licensed premises any bar without taking out a separate bar licence.
(c)The licensee shall maintain accounts of receipts and sales in form L-23 and shall at the end of each month prepare and submit to the Excise Inspector a monthly true abstract of receipts and sales in form M-66.
[(3A)] [Vide Punjab Government Legislative Suppliment Part III dated 17.3.1982.] A licence in form L-3A for [retail vend of [beer, wine and ready to drink beverages in a hotel.] [Substituted vide Punjab Government Notification No. G.S.R. 24/P.A. 1/14/Sections 31, 32 and 58/Amd. (160)/2004 dated 29.3.2004.]
(a)[ The licensee shall sell beer, wine and ready to drink beverages in retail for consumption on the premises only to residents in his hotel.] [Substituted vide Punjab Government Notification No. G.S.R. 24/P.A. 1/14/Sections 31, 32 and 58/Amd. (160)/2004 dated 29.3.2004.]
(b)the licensee shall not set up or maintain on his licensed premises any bar without taking out a separate bar licence ;
(c)the licensee shall maintain accounts of receipts and sales in form L- 23 and shall at the end of each month prepare and submit to the Excise Inspector, a monthly true abstract of receipts and sale in form M-66.
(d)this license shall not be run on premises used as hotel or restaurant or both or at places providing eatables].
(4)A licence in form L-4 for the retail vend of [foreign liquor including beer, wine and ready to drink beverages] [Substituted vide Punjab Government Notification No. G.S.R. 24/P.A. 1/14/Sections 31, 32 and 58/Amd. (160)/2004 dated 29.3.2004.] in a restaurant for "on" consumption. -
(a)The licensee shall sell [foreign liquor including beer, wine and ready to drink beverages] [Substituted vide Punjab Government Notification No. G.S.R. 24/P.A. 1/14/Sections 31, 32 and 58/Amd. (160)/2004 dated 29.3.2004.] in retail for consumption on the premises only to person taking meals in the licensed premises.
(b)The licensee shall not set up or maintain on his licensed premises any bar without taking out a separate bar licence.
(c)The licensee shall maintain accounts of receipts and sales in form L-23 and shall at the end of each month prepare and submit to the Excise Inspector a monthly true abstracts of receipts and sales in form M. 56.
(d)This licence shall not be run on premises used as hotels and or restaurants or at places providing eatables.
[(4A).] [Punjab Legislative Supplement Part III dated 22.3.1977.] A licence in form L-4A for the [retail vend of [beer, wine and ready to drink beverages] [Substituted vide Punjab Notification dated 3.3.1999.] [only in a restaurant for 'on' consumption.] [Substituted vide Punjab Government Notification No. G.S.R. 24/P.A. 1/14/Sections 31, 32 and 58/Amd. (160)/2004 dated 29.3.2004.]
(a)the licensee shall sell [beer, wine and ready to drink beverages] [Substituted vide Punjab Government Notification No. G.S.R. 24/P.A. 1/14/Sections 31, 32 and 58/Amd. (160)/2004 dated 29.3.2004.] in retail for consumption on the premises only to persons taking meals in the licensed premises ;
(b)the licensee shall not set up or maintain on his licensed premises any bar without taking out a separate bar licence.
(c)the licensee shall maintain accounts of receipts and sales in form L- 23 and shall at the end of each month, prepare and submit to the Excise Inspector, a monthly true abstract of receipts and sales in form M-66]
(5)Supplementary licence in form L-5 to the licensee of a restaurant to keep a bar for the retail vend of [foreign liquor including beer, wine and ready to drink beverages] [Substituted vide Punjab Government Notification No. G.S.R. 24/P.A. 1/14/Sections 31, 32 and 58/Amd. (160)/2004 dated 29.3.2004.]. -
(a)The licensee shall only sell [foreign liquor including beer, wine and ready to drink beverages] [Substituted vide Punjab Government Notification No. G.S.R. 24/P.A. 1/14/Sections 31, 32 and 58/Amd. (160)/2004 dated 29.3.2004.] in retail for consumption "on" the premises by the glass or by opened bottles at a bar or on other parts of the premises specially prescribed in the licence. Such bottles must on account be removed by customers from the premises.
(b)The licensee shall maintain accounts of receipts and sales in form L.23 and shall at the end of each month prepare and submit to the Excise Inspector a monthly true abstract of receipts and sales in form M. 66.
(5A)[ A licence in form L-5A for the [retail vend of [beer, winee and ready to drink beverages] [Vide Punjab Legislative Supplimen Part III dated 22.3.1977.]] [Inserted by Notification No. G.S.R. 7/P.A.1/14/S. 59/Amd. (120)/2010, dated 17.3.2010 (w.e.f. 2.4.1956).]] [Substituted by Notification No. G.S.R. 16/P.A.1/14/S. 59/Amd. (117)/2008, dated 29.2.2008 (w.e.f. 2.4.1956).]in a bar;
(a)The licence shall sell [beer, winee and ready to drink beverages] [Substituted vide Punjab Government Notification No. G.S.R. 24/P.A. 1/14/Sections 31, 32 and 58/Amd. (160)/2004 dated 29.3.2004.] in retail for consumption on the premises by the glass or by opened bottles at a bar or another part of the premises specially prescribed in the licence. Such bottle must on no account be removed by customer from the premises.
(b)The licensee shall maintain accounts of receipts and sales in form L-23 and shall at the end of each month prepare and submit, to the Excise Inspector a monthly true abstract of the receipts and sales in form M-66.
(5B)[. A licence in Form L-5B, for the retail vend of [draught beer, wine and ready to drink beverages] [Punjab Legislative Suppliment Part III dated 27.3.1992.]] [Inserted by Notification No. G.S.R. 13/P.A. 1/1914/S.59/Amd. (123)/2012, dated 26.3.2012 (w.e.f. 2.4.1956).] in bar-
(a)the licensee shall sell [draught beer, wine and ready to drink beverages] [Substituted vide Punjab Government Notification No. G.S.R. 24/P.A. 1/14/Sections 31, 32 and 58/Amd. (160)/2004 dated 29.3.2004.] in retail for consumption on the premises by the glass at a bar or another part of the premises specified in the license; and
(b)the licensee shall maintain accounts of receipt and sales in Form L- 23 and shall at the end of each month, prepare and submit within seven days of the following month to the Excise Inspector a monthly true abstract of receipts and sales in form M-66.
Explanation. - For the purpose of this condition, the term "draught beer" shall mean beer sold in retail by a licensee holding a license in L-5B for consumption on the premises by the glass.
(5C)[ A supplementary license in form L-5C for the additional retail vend of foreign liquor including beer, wine and ready to drink beverages in a Hotel of 3-Star category or above for consumption on the premises :-
(a)The licensee shall sell foreign liquor including beer, wine and ready to drink beverages in retail for consumption on his licensed premises.
(b)The licensee shall not set up or maintain on his licensed premises any additional bar without obtaining a separate license.
(c)The licensee shall maintain account of receipts and sales in form L-23 and shall at the end of each month prepare and submit to the Excise Inspector a monthly abstract of receipts and sales in Form M-66.
(5CC)[ An additional license in Form L-5CC for the additional retail vend of foreign liquor including Beer, Wine and Ready to Drink Beverages in a hotel below 3 star category (supplementary in Form L-3, L-4 and L-5) and restaurants (supplementary in Form L-4 and L-5) for consumption on the premises;
(a)The licensee shall sell foreign liquor including Beer, Wine and Ready to Drink Beverages in retail for consumption on his licensed premises;
(b)The licensee shall not set up or maintain on his licensed premises any additional Bar, without obtaining a separate license;
(c)The licensee shall maintain account of receipts and sales in form L-23 and shall at the end of each month prepare and submit to the Excise Inspector a monthly abstract of receipts and sales in form M-66; and
(d)His annual turnover should be Rupees 30 lacs or above.]
(5-D) A license in Form L-5D for allowing consumption of liquor on a special occasion in a Marriage Palace or a Banquet Hall :-
(a)The licensee shall neither sell nor supply liquor in his licensed premises.
(b)The licensee shall allow consumption of liquor only against a permit in Form L-50A.
(c)[ The license is non-transferable.] [Conditions 5C and 5D added vide Punjab Government Notification No. G.S.R. 24/P.A. 1/14/Sections 31, 32 and 58/Amd. (160)/2004 dated 29.3.2004.]
(6)Licence in form L-6 for the retail vend of foreign liquor in a railway refreshment room for "on" consumption. - (a) The licensee shall only sell foreign liquor retail for consumption on the premises to bona fide passengers and other persons served with eatables these premises meaning within the limits of the railway station.
(b)The licensee shall not sell liquor to persons employed on railway service, except under rules issued by the railway administration.
(c)The licensee shall maintain accounts of receipts and sales in form L.23 and shall at the end of each month prepare and submit to the Excise Inspector a monthly true abstract of receipts and sales in form M 66.
(7)A licence in form L.7 for the retail vend of foreign liquor in a railway dining car. - (a) The licensee is authorised to sell foreign liquor retail for consumption on a dining car attached to a railway train running in Punjab. He shall sell only-
(i)to passengers by that train;
(ii)under rules issued by the railway administration to persons employed in railway service.
(b)The licensee shall maintain accounts of receipts and sales in form L.23 and shall at the end of each month prepare and submit to the Excise Inspector a monthly true abstract of receipts and sales in form M.66.
(8)Supplementary licence in form L.8 to the licensee of a hotel, restaurant, railway dining car or railway refreshment room to sell foreign liquor in retail for consumption on-off the premises. - The licensee shall be bound by all the conditions of his substantive licence.
(9)[ A licence in form L.9 for the retail vend of foreign liquor in military or Border Security Force canteens, whether run regimentally or on club lines in licensed premises approved by the competent military or Border Security Force Authority or by the Central Reserve Police Force and Indo-Tibetan Border Police.] [Substituted by Notification No. G.S.R. 13/P.A. 1/1914/S.59/Amd. (123)/2012, dated 26.3.2012 (w.e.f. 2.4.1956).]
(10A)[] [Punjab Legislative Supplement Part III dated 12.3.76.] A licence in form 10-A for retail vend of beer containing alcoholic contents [exceeding 3.25 per cent but not exceeding 8.25 per cent.] [Legislative Supplement Part III dated 17.3.82.]
(a)[ the licensee shall not sell] [Legislative Supplement Part III dated 30.9.80.] [-] [Legislative Supplement Part III dated 17.3.82.] beer for consumption on the premises ; and
(b)the licensee shall not store or sell beer on the premises other than those licensed in Form L-14A ;
(bb)[ The licensee shall obtain his supplies of beer from any L-1 or L-13A licensee in the State] [Legislative Supplement Part III dated 17.3.82.].
[-] [Legislative Supplement Part III dated 17.3.82.]
(c)[ with the determination of a licence in Form L-14A, the licence in Form L-10A shall stand determined simultaneously.] [Legislative Supplement Part III dated 12.3.76.]
(d)the licensee shall maintain accounts of receipts and sales in Form L- 22 and shall at the end of each month prepare and submit to the Excise Inspector, a monthly true abstract of receipts and sales in Form M.66].
(10B)[. A licence in Form L-10B for retail vend of beer of consumption 'off' the premises.] [Legislative Supplement Part III dated 12.3.76.]
(a)The licensee, shall not sell beer for consumption "off" the premises.
(b)If the licensee holds a licencee in Form L-1 for wholesale and retail vend of foreign liquor to the trade, he shall obtain the permission of the Excise Commissioner to kept the stocks under both licences on the same premises, but the stocks under the two licences shall be kept separate from each other and the transfer of foreign liquor from the stocks under licence in Form L-1 to the stocks under the licence in form L-10B shall be made only under a pass prescribed under the rules, and
(c)The licensee shall maintain accounts of receipts and sale in Form L.22 and shall at the end of each month prepare and submit to the Excise Inspector a monthly true abstract of receipts and sales in M. Form 66].
(10C)[ A license in Form L-10C, for the retail vend of Beer manufactured by micro brewery or brewery pub for consumption in lounges on the premises.
(a)The license shall be granted by the Collector with prior approval of the ETC.
(b)The license shall be renewable by the Collector.
(c)[ The licensee shall sell Beer manufactured in his micro brewery or brewery pub for consumption in lounges on the premises. He shall not be allowed to sell Beer off the premises.]
(d)The licensee shall maintain accounts of receipts and sales and shall submit a monthly list of such receipts and sales in Form M-66 to the Excise Inspector.
(e)The licensee, shall not pack Beer in bottles, cans or pouches, for sale.]
(11)A licence in form L.11 for the bottling of foreign liquor. - (a) The licensee is authorised to bottle foreign liquor only, whether manufactured in India or imported.
(b)Only foreign liquor shall be kept on the premises.
(c)The licensee shall not bottle any foreign liquor of a less strength than 25 degrees U.P. in the case of brandy, whisky or rum or of spirit intended to pass as brandy, whisky or rum or of less strength than 35 degrees UP in the case of gin or of spirit intended to pass as gin.
(d)Bottling shall be carried out only at the premises named in the licence.
(e)The licensee shall enter in a stock book in form L.24 the quantity, description and strength of any spirit received on his licensed premises and shall at the end of each month prepare and submit to the Excise Inspector a monthly true abstract of his bottling operations in form M.69. This stock book shall be accessible to the officer-in-charge or any other inspecting officer at all reasonable hours and shall be kept for 12 months from the date of the last entry in it.
(f)Specifications of bottles :-
(i)Indian made foreign spirits shall be bottled in bottles of the following sizes :-
(a)bottle of the capacity of 750 millilitres;
(b)bottle of the capacity of 500 millilitres;
(c)bottle of the capacity of 250 millilitres;
(ii)The bottles mentioned above shall be of standard pattern and shall either bear the following specifications moulded on the glass :-
(a)The words "Punjab Excise" and the figures and words "750 millilitres", 375 millilitres or 180 millilitres', as the case may be or shall have a monogram moulded or sand blasted on them consisting of the letters 'PE and the figures, and letters '750' millilitres and 180 millilitres in a triangle ; e.g.
PE 750 ML
(b)the name or mark of the manufacturer off the bottles
(iii)No licensee shall be permitted to use for bottling Indian made foreign spirit any bottles bearing the name or trade mark of any other bottles.
(g)Notwithstanding anything contained in clause (f) the Excise Commissioner may, in case of emergency, permit for the bottling of Indian made foreign liquor, the use of sand-blasted non excise bottles with the necks not suitable for sealing with a crown cork, or capacities ranging between 625 millilitres and 757 millilitres and 313 millilitres and 378.5 millilitres and without the name and mark of the manufacturer of the bottles, provided the capacity of each bottle is distinctly shown on the label affixed to it.
(h)
(i)All bottles containing Indian made foreign spirit shall unless otherwise allowed by the Excise Commissioner be security sealed with pilfer proof seals in such a way as to make it impossible to remove the seal without its being cut and or broken.
(ii)The seals to be used on various kinds of liquor shall be one coloured [or any combination of colours which may specifically be approved by the Excise Commissioner] [Punjab Government Gazette LSP III dated 16.6.1995.] of standard sizes and bear on top thereof, the words "Punjab Excise" together with the name of the bottler, the district in which he has a licence, printed in cut-out letterings, provided that any other additional printing may be ordered to be done, if so desired by the licensee at the sides only.
(iii)[ Before bringing any kind of pilfer-proof seals into use, the licensee shall submit samples thereof to the Excise Commissioner for approval. The licensee shall comply with such instructions as the Excise Commissioner, may from time to time issue regarding any such seal.] [substituted vide Punjab Notification dated 3.3.1999.]
(i)Bottling of Indian made foreign spirit :-
The licensee shall give timely information to the Excise Inspector of the days and hours during which bottling is to be done.Bottling will be allowed only during working hours from 10 a.m. to 5 p.m.If the licensee has reduced the strength of spirit by dilution he shall not bottle the spirit until 12 hours after reduction, unless arrangements approved by the Excise Commissioner have been made to cool the spirit and to prevent shrinkage after bottling.
(j)Labels to be used on the bottles of Indian-made foreign spirit :-
(i)The licensee may affix to his bottles any label, or labels, but he shall not show on any label affixed to the bottles filled by him any announcement that the spirit has been distilled at any particular distillery, nor shall any such announcement be made on the capsule or on the paper wrapper of the bottle.
(ii)The name of the licensed bottler and the place of bottling must appear in full in English on all the labels.
(iii)Before bringing any labels into use the licensee shall submit exact copies of them, in triplicate, to the Excise and Taxation Officer who shall forward two copies to the Collector for transmission to the Excise Commissioner for his approval. The licensee shall comply with such instructions as the Excise Commissioner may issue regarding any label and shall deposit in the Excise Commissioner's office an exact copy of each label that has been approved.
(iv)No label shall be accepted if the design is of an objectionable nature or conveys the impression that the label is intended to be limitation of labels used on imported spirit.
(v)Labels on the bottles shall be so affixed as to be easily distinguishable. No label shall be pasted over the words, letters, figures or monogram moulded or sand blasted thereon.
(12)A licence in form L.12 permitting the sale of medicated wines - (a) The licensee shall not sell under this licence any wine except the wines which are classified as medicated wines and assessed under item 22(5)(b) of the Indian Customs Tariff provided they do not contain more than 42 per cent of proof spirit.
(b)The licensee shall not sell any article covered by his license except for medicinal purposes.
(c)The licensee shall not sell to any one person at any one time any article covered by this licence in greater quantity than 9 litres or 12 bottles of the capacity of 750 millilitres each; provided the sales in larger quantities may be made to persons holding a chemist's licence and to Government or charitable dispensaries.
(d)Except upon the order of a qualified medical practitioner, the licensee shall not knowingly sell or supply any article covered by his licence for consumption by a minor or persons of unsound mind.
(e)The licensee shall maintain accounts in form L.29 and shall at the end of each month prepare and submit to the Excise Inspector a monthly true abstract of receipts and sale in form M.72.
Note. - No licence shall be required for the sale of any medicated wine containing less than 26 per cent of proof spirit.
(13)Temporary and permanent licences in forms 12-A and 12-B for retail vend of liquor at a bar. - (a) The licensee is authorised to sell foreign liquor in retail for consumption at a bar or other parts of the premises specially prescribed in the licence. Sales of liquor shall be made in glasses or by opened bottles only. Such bottles must on no account be removed by customers from the premises. In theatres, cinema and such places of entertainment liquor shall be sold only to spectators who have purchased tickets or to bona fide or employees of the licensee or of his lessee. No liquor shall be sold to students or minors.
(b)No person shall be permitted to reside in the bar.
(c)The licensee shall maintain accounts of receipts and sales in form L.23 and shall at the end of each month prepare and submit to the Excise Inspector a monthly true abstract of receipts and sales in form M. 66.
(14)Licenses in form 12-C for retail vend of foreign liquor at a club - (a) The licensee shall be authorised to sell foreign liquor by retail for consumption at the club to its members only, but he shall not sell liquor to students of all ages and other person below 25 years of age even if they are members of the club. Sale of liquor shall be made in glasses or by open bottles only. Such bottles will, on no account be removed by the member from the premises.
(b)The licensees shall maintain accounts of receipts and sales in form L.23 and shall at the end of each month prepare and submit to the Excise Inspector a monthly true abstract of receipts and sales in form M. 66.'
(14A)[ L12-CC- An additional license for the retail vend of foreign liquor including Beer, Wine and Ready to Drink beverages at a club or in the lawns attached to that club.
(a)The license fee for this license shall be one third of the fee for the full license;
(b)The licensee shall be authorized to sell foreign liquor at the club for its members, their guests and persons participating in the program/function with a fee of Rs.10,000 per day ; and
(c)The licensee shall not sell liquor to the students of all ages and other persons below twenty five years of age even if they are members of the club.]
(14AA)[] [Added by Notification No. G.S.R.19/P.A.1/1914/S.59/Amd.(127)/2016, dated 23.3.2016 (w.e.f. 2.4.1956).] A licensee in form L.12-D for manufacture possession of sacramental wine for use on special occasions :- (a) The licensee is authorised to manufacture sacramental wine for use on special occasions connected with Catholic Worship for the sacrifice of the Mass. He shall not have in his possession, for use on such an occasion, more than 9.22 litres of sacramental wine.
(b)Such sacramental wine shall be prepared from pure, dried grapes by a process of fermentation only. No alcohol or any other ingredient shall be added in its preparation, nor shall the process of distillation be allowed in the manufacture thereof.
(c)Sacramental wine prepared under the licence shall be used on the special occasion connected with Catholic Worship for the Sacrifice of the Mass.
(14B)[ A license in Form L-12E for the retail vend of foreign liquor including beer and wine at Farm Tourism Resorts covered under farm Tourism Resorts covered under farm Tourism Scheme of the Government of Punjab Department of Tourism for consumption on the premises.
(i)The license shall be renewable by the Collector.
(ii)The licensee will serve liquor to the guests only.
(iii)The licensee should be registered with the department of Tourism, Punjab.
(iv)The licensee shall purchase liquor only from L-2 licensee of the District.
(v)The purchase and possession of liquor by the licensee shall not exceed the following quantities at a time:-
(a)12 Quarts of IMFL of 750ML including brandy and imported liquor (i.e. upto 9 litres in any size);
(b)24 bottles of Beer of 650 ml (i.e. upto 15.6 litres in any size);and
(c)12 bottles of Beer of 750 ml (i.e. upto 9 litres in any size)]
[(15) A licensee holding a license in form L-13 for the wholesale vend of country spirit shall fulfill the following conditions, namely :. - ] [Substituted by Punjab Government Notfication No. G.S.R.7/PA1/14/Section 59/Amd.(112)/2006. dated 24.3.2006.] (a) The distilleries shall be required to make arrangement for opening and operating wholesale vend of PML (L-13) in every district headquarter of the State of Punjab to maintain regular and ready supply of PML to the retail vends (L-14A).
(b)The supplies to the retail vends of PML (L-14A) shall be made from the wholesale vends of PML (L-13) located in the district, on the basis of permits or passes issued by the respective AETC.
(c)The stock of PML brought to the wholesale vend shall be duty paid.
(d)The wholesale vends of PML (L-13) shall maintain adequate stock of PML.
(e)The annual license fee for the wholesale vends of PML (L-13) shall be [rupees fifty thousand] [Substituted 'rupees twenty seven thousand and five hundred' by Notification No. G.S.R.06/P.A.1/1914/S.59/Amd.(133)/2017, dated 28.3.2017 (w.e.f. 2.4.1956).] per district. For this purpose the revenue district shall be treated as an unit comprising of one or more Excise districts.
(f)The distilleries shall be required to deposit a security amount of [Rupees twenty five thousand] [Substituted 'Rupees twenty thousand' by Notification No. G.S.R. 13/P.A. 1/1914/S.59/Amd. (123)/2012, dated 26.3.2012 (w.e.f. 2.4.1956).] per L-13 vend per district, in the form of bank draft in the name of Excise Commissioner, Punjab, for the performancee of contract of supply of liquor to L-14A licensees.
(g)[ The licenses for the wholesale vend of the PML in Form (L-13) shall be granted by the Collector; and] [Substituted by Notification No. G.S.R. 12/P.A. 1/14/S.59/Amd. (115)/2007, dated 24.4.2007 (w.e.f. 2.4.1956).]
(h)On making any sale under his license the licensee shall apply to the Deputy Excise and Taxation Commissioner or other officer empowered in this behalf to prepare a pass in the prescribed form to cover the transport of the spirit to its place of destination and shall not despatch any spirit till a pass covering such transport has been duly issued. In the event of the licensee being himself authorized to issue such passes for the transport of liquor out of the district, he shall immediately send a copy of the same to the Excise Inspector of the excise circle of the district of destination and in case of transport within the district, to the Excise Inspector of the excise circle.
(i)The licensee shall sell country spirit at such rates as may from time to time be fixed by the Excise Commissioner, Punjab, and endorsed on the license.
(j)The licensee shall be allowed wastage allowance, for the wastage of PML of any kind and type including Rum or Gin or Whisky of sixty-five degree or seventy five decree proof strength due to breakage or leakage in transit of bottles and pouches containing such liquor from the premises of any distillery in Punjab to the premises of licensee up to one fourth per cent of the quantity despatched. The breakage shall be allowed automatically without applying for the same.
(k)The licensee shall maintain accounts receipts and sales in form L-25 and shall at the end of each month prepare and submit to the Excise Inspector a monthly true abstract of receipts and sales in form M-67.
(l)The licensee shall issue in respect of each transaction of sale a cash memorandum in the following form M-66-B and shall preserve a carbon copy of such cash.
(m)[ No retail sale of Punjab Medium Liquor shall be allowed from L-13 outlet of the distillery. [Inserted by Notification No. G.S.R. 17/P.A. 1/1914/S.59/Amd. (124)/2013, dated 22.3.2013 (w.e.f. 2.4.1956).]
(n)The Excise officials shall conduct periodical inspections to ensure necessary compliance of the conditions of the license in letter and spirit. Any misuse of the license shall entail severe action against the distillery as per the Excise Act/Rules. This may also entail withdrawal of quota allocated to that distillery for that year.]
(o)[ The L-13 licensee shall not violate the conditions of the license. For any violation of Excise Laws or Rules, the L-13 vend shall immediately be closed, for one month on the first offence or Rs 5.00 Lac as penalty or both and for three months on the second offence or Rs 10.00 Lac as penalty or both. On the third offence the license L-13 shall be cancelled and in extreme conditions, the Competent Authority may revoke this license by giving reasons to be recorded in writing on deposit of penalty of atleast Rs. 25 Lac.] [Added by Notification No. G.S.R.19/P.A.1/1914/S.59/Amd.(127)/2016, dated 23.3.2016 (w.e.f. 2.4.1956).]
(p)[ Licensee shall install CCTV Camera on the premises. The expenditure on this
account shall be borne by the licensee.] [Added by Notification No. G.S.R.06/P.A.1/1914/S.59/Amd.(133)/2017, dated 28.3.2017 (w.e.f. 2.4.1956).]