Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Punjab - Section

Section 40 in The Punjab Liquor Licence Rules, 1956

40. [ [Added by Notification No. G.S.R.68/P.A.1/1914/S.59/Amd.(130)/2016, dated 12.10.2016 (w.e.f. 2.4.1956).]

Notwithstanding anything contained in these rules, all L-1 licensees shall be allowed to procure liquor (IMFL, Beer, Wine and RTD etc.) directly from manufacturing units and imported foreign liquor (Bottled in Origin) brands directly from custom bonded ware houses, as an ad-interim measure, till the final implementation of corrective measures, as directed by the Hon'ble Punjab and Haryana High Court vide its order dated 09.06.2016 passed in CWP No. 5593 of 2016 titled as Amarjit Singh Sidhu Vs State of Punjab and others. For the said procurements, L-1 licensees shall be liable to pay extra license fee, assessed fee, permit fee and all other Government taxes/duties/fees/cess/levies etc. as otherwise applicable at the L-1A stage as per Excise Policy 2016-17.] [Inserted by Notification No. G.S.R. 21/P.A. 1/1914/S.59/Amd. (121)/2011, dated 18.3.2011 (w.e.f. 2.4.1956).]Form M-66-BCash MemorandumSerial No. ..........Dated .........Name and address of the licensee with the name of vendL-13 License No.No. of license, name and address of the licensee to whom the liquor is sold.
Particulars of liquor Quantity (Quarts, Pints, Nips) Sale price
Signature of the licensee/Approved agents]
(15A)[] [Omitted by Punjab Government Notfication No. G.S.R.7/PA1/14/Section 59/Amd.(112)/2006. dated 24.3.2006.]
(16)[ Licenses in form L-14 and L-14A for the retail vend of country spirit for 'on and off' or 'off' consumption respectively, and in form L-14B for retail vend of the country spirit on special occasion. - ] [Subrule 16 substituted by Punjab Government Notfication No. G.S.R.7/PA1/14//Section 59/Amd.(112)/2006. dated 24.3.2006.] (a) A licensee shall, get his rationed requirements of country spirit from a person licensed to sell country spirit by whole sale in the district concerned.
(b)A licensee holding a license in form L-14A or L-2 may transfer any part of quota of PML or IMFL of his vend to any other vend for retail sale of PML or IMFL during the currency of the period of his license :
Provided that the transferor and transferee licensees shall make separate applications in writing to their respective A.E.T.C. specifying the quantity of the PML or IMFL (in proof litres) sought to be transferred :Provided further that the A.E.T.C. concerned after satisfying the genuineness of the need for transfer shall make his recommendation to the Collector within whose jurisdiction, the vend of the transferor licensee is situated who shall be competent to pass orders allowing or disallowing the transfer.
(c)Irrespective of any order passed by the Collector, under the second proviso to clause (b), the whole of the License fee on the quota of PML and IMFL fixed for his vend, shall be payable by the licensee of the vend from which any part of quota is sought to be transferred.
Explanation. - This Rule allowing transfer of quota is not to be construed as conferring a right on licensee, but only a concession or a facility and the refusal of the Collector to allow transfer, shall not in any way affect the liability of the licensee, either to pay the entire license fee due from him or any other liability under the Punjab Excise Act, 1914 and the rules made thereunder.
(d)The licensee shall not sell more than "three quart bottles" of spirit to any person at one time; provided that he may sell to any person at one time any quantity of country spirit covered by a permit issued by an authorized officer; provided further that any sale made by a licensee under such a general or special permit, shall be specifically registered by him.
(e)Liquor shall be sold on credit only to persons approved by the Collector.
(f)The licensee shall prominently display in front of his shop a signboard showing in Hindi and Gurmukhi the retail prices of each kind of bottle to be charged by him as set forth in his license.
(g)The licensee shall sell country spirit at such rates, as may be fixed from time to time by the Excise Commissioner, Punjab.
(h)No PML shall be sold for consumption off the premises in a cantonment, except under a pass, unless this condition is dispensed with by the Military authorities.
(i)The licensee shall maintain accounts of receipts and sales 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-68.
(j)These licenses shall not be run on premises used as hotels and/or restaurants or at places providing eatables.
(k)[ These licensees shall sell PML of the kind, authorized by the Excise Commissioner by retail for consumption on and off or off the premises, as the case may be. L-14A licensee shall sell liquor in sealed bottles or pouches.] [Substituted by Punjab Government Notfication No. G.S.R.7/PA1/14/Section 59/Amd.(112)/2006. dated 24.3.2006.]
(17)A licence in form L. 15 for the bottling of country spirit. - Except the following special conditions relating to the bottling of Indian made foreign spirit under L. 11 and bottling of country spirit as in the Punjab Distillery Rules, shall apply mutatis mutandis to the bottling of country spirit under licence L. 15.
(i)The licensee is authorised to bottle country spirit only which includes spiced country spirit.
(ii)The licensee shall bottle country liquor of the kind authorised by the Excise Commissioner only at the strength of 50 degrees U.P.
(iii)The licensee shall maintain accounts for the bottling of country spirit in form L. 28 and shall at the end of each month prepare and submit to the Excise Inspector an account of bottling operations in Form M. 69.
(18)A licence in form L. 16 to reduce country spirit. - (a) The licensee is authorised to reduce by the addition of water spirit of an original strength not exceeding 43 degrees over proof.
(b)The reduction must be done in a special empty receptable. Water used for reduction must be pure and the licensee must comply with the directions of the Collector regarding the water supply.
(c)Timely intimation must be given to the Excise Officer when reduction is to be done.
(d)The licensee shall maintain accounts of reduction in form L. 30 and shall at the end of each month prepare and submit to the Excise Inspector a monthly true abstract thereof in form M. 70.
(19)A licence in form L. 17 for the vend of denatured spirit. - (a) The licensee shall not, without the special sanction of the Excise Commissioner, have in his possession at any one time denatured spirit in a quantity in excess of 2,000 litres.
(b)The licensee may sell quantities greater than one gallon, by wholesale only to persons licensed to sell denatured spirits or to persons holding a permit authorising them to purchase quantities greater than one gallon.
(c)The licensee before selling any denatured spirits by retail shall use all reasonable diligence to ascertain the quantity already in purchaser's possession and shall not at one time sell to him more than one gallon, or such smaller quantity as, together with what is or in, good faith is believed to be in the buyer's possession, will amount to one gallon.
(d)The licensee shall keep separate accounts of sales by wholesale or by retail in form L.31 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.71.
(e)The licensee shall not sell denatured spirit of a less strength than 50 degrees over proof.
(f)The licensee shall, in accordance as he may be permitted by the Excise Commissioner, obtain supplies from one or more of the sources, and subject to the condition, if any, imposed by him, procure his supplies of denatured spirit either from a bonded warehouse set up or approved by the Government, or by direct import from overseas or by purchase from other vendors licensed to sell denatured spirit or by removal from licensed distilleries after obtaining the permit and pass required under the rule applicable to such removals.
(g)The licensee shall not mix denatured spirits with other spirits.
(h)The licensee shall constantly exhibit a signboard at his place of vend bearing his name and the words "licensed vendor or denatured spirits."
(i)The licensee shall sell denatured spirit (wholesale) and retail sale at such rate as may from time to time be fixed by the Excise Commissioner, Punjab and endorsed on the licence.
(j)All bottles, jars, drums or casks containing denatured spirit shall bear a label, printed in red and containing skull and cross bones with a wearing 'not to be taken internally' in Hindi, Gurmukhi. The word 'wine' must in no circumstances appear on such labels. Before bringing any labels into use the licensee shall submit exact copies of them in triplicate to the[Excise Officer incharge of District] [Legislative Supplement Part III dated 7.2.78.] who shall forward them to the Collector for his approval. The licensee shall retain one copy of the approved label in his office and return two copies to the[Excise Officer in charge of the District] [Legislative Supplement Part III dated 7.2.78.]. The licensee shall comply with such instructions as the Collector/Excise Commissioner may issue regarding any label.
[(19-A) A license in Form L-17A for the wholesale vend of denatured spirit.
(a)The licensee may keep the stock of denatured spirit in tanks or drums or casks or any other containers.
(b)The licensee shall keep separate accounts of sales in Form L-31 and shall at the end of each month, prepare and submit to the Excise Inspector, a monthly true abstract of receipts and sales of denatured spirit in Form M-71.
(c)The licensee shall not sell denatured spirit of a less strength than 50 degrees over proof.
(d)The licensees shall, in accordance as he may be permitted by the Excise Commissioner, obtain supplies from one or more of the sources; and subject to the condition, if any, imposed by him, procure his supplies of denatured spirit either from a bonded warehouse set up or approved by the Government, or by direct import from overseas or from other States or Union Territories or by purchase from other vendors licensed to sell denatured spirit or by removal from licensed distilleries after obtaining the permit and pass required under the rules applicable to such removals.
(e)the licensee shall not mix denatured spirit with any other spirits.
(f)The licensee shall constantly exhibit a signboard at his place of vend, bearing his name and the words "Licensed wholesale vendor of denatured spirit."
(g)The licensee shall sell denatured spirit at such rate, as may from time to time, be fixed by the Excise Commissioner, Punjab.
(h)[ All tanks, drums or casks containing denatured spirit shall bear a label, printed in red and containing skull and cross bones with a warming "Not to be taken internally" in Hindi and Gurmukhi. Before bringing any labels into use, the licensee shall submit exact copies of them in triplicate to the Excise Officer, Incharge of the District, who shall forward them to the Collector for his approval. The licensee shall retain one copy of the approved lable in his office and return two copies to the Excise Officer, in charge of the District. The licensee shall comply with such instructions as the Collector or Excise Commissioner or Collector, may issue regarding any label.] [Added by Punjab Notification No.G.S.R.11/P.A.1/1914/Section 58/Amd(110)/2005. dated 17.3.2005.]
(i)[ Not more than two such licenses shall be opened in one district. However, the Excise Commissioner may, with the approval of the Government, open one more L-17A vend in those districts which have the feasibility and potential".] [Clause (i) and froms added by Punjab Government Notfication No. G.S.R.7/PA1/14/Section 59/Amd.(112)/2006. dated 24.3.2006.]
[Department of Excise and Taxation Department, Punjab [Substituted by Notification No. G.S.R. 14/P.A.1/1914/S. 59/Amd. (125)/2014, dated 21.3.2014 (w.e.f. 2.4.1956).]](See rule 36)Application For the allotment of retail sale licensee of Punjab Medium Liquor (L-14A) and Indian Made ForeignLiquor (L-2)Application Form
Unique Reference No. ______________________   paste your recentpassport sizephotograph  
Name of the Applicant  
Father's name  
Address of the Aplicant  
PAN No. (Non Mandatory)  
Date of Birth  
Name of the District for which applicant isapplying  
Name of the Licensing Unit/Group/Zone for whichapplicant is applying  
Code of the Licensing Unit/Group/Zone for whichapplicant is applying  
Application Monet Licensing Unit/Group/Zone.  
Dated:_____________________________ Signature Contact No._________________________
Receipt  
Unique reference No. _______________  
Name of the Applicant  
Father's name  
Address  
Name of the District for which applicant isapplying  
Name of the Licensing Unit/Group/Zone for whichapplicant is applying  
Code of the Licensing Unit/Group/Zone for whichapplicant is applying  
Application Money  
  Signature of ETO
(20)A licence in form L.19 for the vend of rectified spirit for medicinal industrial and scientific purpose. - (a) Rectified spirit sold under this licence shall be of a strength not less than 43 degrees over proof and neither water nor any substance, whatsoever, shall be added to it by the licensee. The licensee shall, in accordance as he may be permitted by the Excise Commissioner, obtain supplies from one or more of the sources and subject to the conditions, if any, imposed by him, obtain supplies of rectified spirit from a bonded warehouse, set up or approved by Government, or from the licensed distilleries in Punjab or form the Kasauli Distillery in Himachal Pradesh or Delhi, or through import by sea from overseas countries.
(b)The licensee shall not have in his possession at any one time a quantity exceeding 45,460 litres or such larger quantity as the Excise Commissioner may specially authorize.
(c)The licensee shall sell rectified spirit for medicinal, industrial and scientific purposes only.
(d)The licensee shall not sell in any one transaction more than the quantity which purchaser is permitted to possess.
(e)The licensee shall label every receptacle containing rectified spirit conspicuously showing the nature and place of manufacture of its contents.
(f)The licensee shall maintain separate accounts of sales by wholesale and retain in form L.31 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.71.
(21)A licence in form L.20A for the vend of tari. - The licensee shall observe all such conditions as the Excise Commissioner may determine when a licence for vend of tari is granted. The licensee shall, however, make his own arrangements with the owners of palm trees for the supply of tari.
(22)A licence for the retail vend of country fermented liquor in form L.20B. - (a) A licensee is authorised to manufacture country fermented liquor for sale on the licensed premises. He shall not sell country fermented liquor prepared elsewhere.
(b)Such country fermented liquor shall be prepared from grain only. No gur or molasses made from sugarcane shall be used in its preparation.
(c)The licensee is authorised to sell country fermented liquor for consumption on or off the premises.
(d)The licensee shall not sell more than 4 bottles each of the capacity of 750 millilitres of country fermented liquor to any one person at anyone time.
(e)The licensee shall keep correct daily accounts of sale of country fermented liquor in form L.27 and shall at the end of each month prepare and submit to the Excise Inspector a monthly true abstract of receipts and sales.
(f)The licensee shall not have directly or indirectly, any interest in a shop for the retail vend of country spirit or foreign liquor in the same city, town or village.
(g)Country fermented liquor shall not be sold on credit.
(h)The licensee shall keep the stock of country fermented liquor in a room set apart for the purpose.
["Excise And Taxation Department, Punjab] [Forms 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.]"Excise and Taxation Department, PunjabForm LLicense for the_____________________________________________Registered under district No.__________________________________The licence authorising_______________________________ in the premises specified below and for the period from____________ to_________ is granted to_________ of_________ in the district of______________ Hours of sale _____________ Retail price fixed or maximum________________The licence is granted subject to the provisions of the Punjab Liquor Licence Rules and the supplementary conditions below, and subject to the payment of Rs._____________ on account of licence fee.Financial Commissioner Punjab_________________________CollectorDescription of licenced premises :-Supplementary conditions :-Note :- This Form is to be used for all liquor licences except those in Forms L-12-D, L-20-C and L-20-D, for which special Forms have been prescribed. This Form will be issued with a copy of the Punjab Liquor License Rule attached.Endorsement of renewal.This licence is hereby renewed on the conditions hereinbefore stated for the period and subject to the fee stated below :-Period Fee.Financial Commissioner____________________CollectorList of authorised agents or salesmen
Name Father's name Age Residence
Miscellaneous endorsements.    
[Form L-1B] [Added by Punjab Notification No.G.S.R.11/P.A.1/1914/Section 58/Amd(110)/2005. dated 17.3.2005.](See Rule 1 of the Punjab Liquor License Rules, 1956)Sanctioned by the Excise and Taxation Commissioner, Punjab, Patiala vide memorandum No. ____________, dated _______________.License for the wholesale and retail vend of imported foreign liquor to the trade only.Registration No. in the District _______________.This license authorizing the wholesale and retail sale of imported foreign liquor to the trade only in the premises situated at _____ for the period from ____ to _____ is granted in favour of M/s. ______.Hours of Sales : As per Rule 37(9) of the Punjab Liquor License Rules, 1956The license is granted subject to the provisions of the Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Punjab Liquor License Rules, 1956, and all other relevant rules and instructions and the supplementary conditions given below, subject however, to the payment of prescribed license fee and security.Place : Collector-Cum-Deputy Excise and Taxation Commissioner,Dated : _______________ Division _______________.Description of the licensed premises
EAST
WEST
NORTH
SOUTH
(Approved separately)Supplementary Conditions :