Section 4 in The U.P. Licences for the Possession of Denatured Spirit and Specially Denatured Spirit Rules, 1976
4.
The following general conditions shall be binding on all persons holding licences for the possession of denatured spirit for industrial purposes :(1)The licensee shall be bound to observe all rules under the U.P. Excise Act, IV of 1910 applicable to his licence and the general and special conditions of his licence.(2)The licensee shall, if required by the Excise Commissioner before granting the licence, or at any time during the currency of his licence deposit with the Collector in cash or in Government Promissory Notes or National Savings Certificates, such amount as may be prescribed by the Excise Commissioner as security for the due observance of the terms and conditions of the licences, case of non-observance of the terms and conditions of the licence, the security so deposited may be forfeited to Government and licence cancelled in addition to other penalties that may be provided under the law after giving opportunity to the licensee to explain.(3)The licence shall be deemed to have been granted or renewed personally to the licensee and it shall not be transferred or sublet or sold without the previous permission of the Excise Commissioner.(4)The licensee shall not change the premises in which he carries on his business under this licence except with the previous permission of the Excise Commissioner which fact should be noted on the licence by the Collector or any officer duly empowered by him and the Excise Commissioner informed.(5)If the licensee desires to enter into partnership in regard to business covered by licence, he shall do so only after obtaining the previous sanction of the Excise Commissioner and his licence shall therefore be suitably amended. Where partnership is entered into, the partner as well as the original holder of the licence shall be bound by the conditions of that licence.(6)If any partnership is dissolved, the factum of dissolution shall be communicated to the Excise Commissioner by all the partners of the dissolved partnership within three days.(7)If the licensee becomes incapable of carrying on the business or dies or becomes solvent or in the case of a firm, company or other association of persons, it is wound up, the Excise Commissioner may-(i)either cancel the licence; or(ii)continue it in the name of the legal representatives, if any, of the licensee.(8)If the licensee goes out of business he shall dispose of Iris stock of denatured spirit in such a manner as the Excise Commissioner may direct.(9)[ The licensee shall not sell or part with as gift or otherwise any quantity of spirit obtained under the licence or utilise it for purposes other than stated in the licence : [Substituted by Notification No. 3040/2-805-A(26)-15, dated 9th January, 1991, published in U. P. Gazette, Part I, Sec (kha), dated 2nd February, 1991.]Provided that an industrial unit manufacturing Mono Ethyline Glycol or the like products may, with the prior sanction in writing of the Excise commissioner to sell the residual spirit, recovered in the process of manufacture containing more than 0.5 p.p.m. sulphur, to any other unit holding a licence under these rules in accordance with the terms and conditions as specified by the Excise Commissioner in this behalf.(10)No spirit shall be removed from the licensed premises without the sanction, in writing, of the Excise Commissioner.](11)Any attempt on the part of the licensee to render spirit fit for human consumption shall make him liable to cancellation of his licence in addition to the penalties that may be imposed under the U.P. Excise Act. If the spirit is insufficiently denatured, the inspecting officer may seize the spirit in question.(12)Every bottle, jar, cask or other receptacle containing spirit received into and kept for storage in the licensed premises shall have affixed to it in conspicuous manner a label printed in red and containing skull and cross bones with a warning in Hindi and English. The design and style of the label shall be as approved by the Excise Commissioner.(13)The licensee shall maintain the registers prescribed for the business carried on by him and on the expiry of his licence shall make them over to the District Excise Officer of his district under a valid receipt. The licensee shall submit all described returns punctually and maintain the accounts of transactions from day to day in ink.(14)The licensee shall at any time produce for inspection on demand his licence and accounts by an officer of the Excise Department not below the rank of an Inspector and shall allow the inspection of his licence, registers, permits or passes, total stock of spirit and finished products and premises by the said officer.(15)The licensee shall maintain an inspection note book with the pages numbered consecutively and hand it over on demand to an officer of the Excise Department not below the rank of an Inspector. Any punishment or warning incurred by the licensee, without forfeiture or cancellation of his licence, shall be recorded in the book.
