Section 8 in Uttar Pradesh excise Settlement of Licenses for Retail Sale of Foreign Liquor (Excluding Beer) (Sixteenth Amendment) Rules, 2019
8. Eligibility conditions for applicant. - Eligibility Applicants for licence of a Retail foreign liquor shop must fulfil following conditions namely:-
(a)Application by an individual who is a Citizen of Indian. Provided in case of renewal co-applicant, if any who is a Citizen of India, shall also be allowed.No partnership firm or company shall be eligible for the grant of retail licence. Likewise, Wholesaler or Distiller/ Manufacturer of liquor shall also not be eligible for holding licence of any type of retail shop.No change in the status of applicant shall be allowed after allotment of shop. In case of death of licensee his legal heir if otherwise eligible, may continue to hold the licence for the remaining period of the licence:Provided further that if a licence is jointly held by two person, in the event of death of either of them, the survivor along with the legal heir(s), of deceased, if otherwise eligible, may continue to hold the licence or in case of death of both persons their legal heir(s), if otherwise eligible may continue to hold the licence. No distinction will be made between the legal liabilities of the persons who will be jointly and severely responsible;(b)be above twenty-one years of age on the first day of the period fixed for receiving application.(c)Not be a defaulter/ blacklisted or debarred from holding an excise licence under the provisions or any rules made under the Act. Any person who has been convicted of any excise offence by any court of law unless fully and finally acquitted shall be automatically debarred from holding the licence.(cc)The applicant shall be eligible to make only one applications in his own name for any one shop. Provided, in case of renewal, applicant and co-applicant both shall be eligible for applying and their mutual consent shall be essential.(d)submit an affidavit duly verified by public notary as proof of the following namely:-(i)that he possesses or has an arrangement for taking on rent a suitable premises in that locality for opening the shop in accordance with the provisions of Uttar Pradesh Number and Location of Excise Shop Rules, 1968 as amended from time to time.(ii)that his proposed premises of the shop have not been constructed in violation of any law or rules.(iii)that he and his family members possess good moral character and have no criminal background nor have been convicted of any offence punishable under the United Provinces Excise Act, 1910 or the Narcotics Drugs and Psychotropic Substances Act, 1985 or any other cognizable and nonbailable offence.(iv)that in case he is selected as licensee he will furnish a certificate issued by Senior Superintendent/Superintendent of Police of the district of which he is the resident, showing that he as well as his family members possess good moral character and have no criminal background or criminal record prior to issuance of license.(v)that he shall not employ and salesman or representative who has criminal background as mentioned in clause (iii) or, who suffers from any infectious contagious diseases or is below twenty-one years of age or a woman. Licensee shall have to obtain Identity Cards bearing photographs of his authorized salesman / representative from District Excise Officer.(vi)that he is not in arrear of any public dues or Government dues.(vii)that he is solvent and has the necessary funds or has made arrangements for the necessary funds for conducting the business, the details of which shall be made available to the licensing authority if required.(viii)That applicant is not involved in mafia activities, anti social activities and organized offensive activities. If after issuance of licence it is proved that he is involved in mafia activities, anti social activities and organized offensive activities then the allotted licence shall be cancelled.(ix)That applicant is not an advocate registered with Bar Council. If he is found registered advocate after getting the licence then the licence shall be cancelled. An employee of the State Government shall also be ineligible to apply for the grant of licence.(x)that in case of selected as licensee, bank draft of earnest money, which has been uploaded online along with application, shall be deposited in the office of district Excise officer within forty eight hours of such selection.(xi)that he has not made use of draft of earnest money bank for the application of any other shop in the same phase.(e)That he shall upload a scanned copy of bank draft issued in favour of District Excise Officer of the district of concerned shop for earnest money, along with online application as may be fixed by the Excise Commissioner with the prior sanction of the State Government.In case of selection as licensee, it shall be necessary to deposit bank draft of earnest money in the office of the concerned District Excise Officer within 48 hours after selection. The earnest money shall be adjusted against the licence fee.(f)That he is holder of solvency certificate or certificate of owned property issued by an authorised income tax valuer and the worth of solvency or certificate of owned property certificate issued by authorised Income Tax valuer shall be equivalent to an amount not less than the licence fee determined for the grant of licence of the applied shop in the District:Provided that for renewal solvency certificate produced during the settlement of previous year shall be acceptable and there shall be no need of new solvency certificate along with added value.
