Section 638 in Rules under the United Provinces Excise Act, 1910
638.
(1)Transport of foreign spirit manufactured at a distillery shall be governed by the rules relating to issues from distilleries.(2)The transport of foreign liquor from a wholesale shop shall be covered by a pass in Form F.L. 36, granted by the wholesale licensee.Section XXXIX-Vend of Foreign liquor (other than denatured spirit)(A)Wholesale vend[639. (1) Licences for wholesale vend of foreign liquor shall be of four classes, viz. -(a)in Form F.L. 1 for wholesale vend by manufacturers of their own produce to wholesale vendors save that brewers holding licence in Form F.L. I may issue beer to troops or regimental units and to canteen tenants licence, directly under their licence.Note. - Beer when issued as above to troops will be assessed at the rate of three paise per litre. No fee will, however, be levied on issues to canteens.(b)In Form F.L. 2 (appended) for wholesale vend to wholesale and retail vendors.(c)In Form F.L. 2-A (appended) for wholesale vend to military wholesale and retail vendors.(d)In Form F.L. 2-B (appended) for wholesale vend of beer only to wholesale and retail vendors.](2)[ Licence in Fonn F.L. 1, F.L. 2, F.L. 2-A or F.L. 2-B shall be granted by the Collector in accordance with the general or particular directions issued by the Excise Commissioner on payment of the fixed fee notified by the State Government from time to time in this behalf.Notes. - (a) A licensee holding a licence in Form F.L. 2 or F.L. 2-A or F.L. 2-B can hold a licence, for retail vend of foreign liquor in the district in which he holds a licence for wholesale vend of foreign liquor.(b)In the case of grant of new licence in any of the Form F.L. 1 or whenever any existing licence of any of the above categories is vacated (including the mutation of names) and its continuance and settlement with some other party is considered necessary the case should first be referred to the State Government with full justification for the same for their approval. After receipt of State Government's approval further action may be taken for the selection of the grantee strictly in accordance with rules on the subject.(c)Licence in Form F.L. 2 shall be granted district wise to one or more licensees holding F.L. 5 licence on the basis of licence fee payable by them for F.L. 5 licence, preference being given to one who has offered highest licence fee :Provided that if a F.L. 5 licensee who has obtained F.L. 2 licence desires to obtain issues of foreign liquor for the F.L. 5 shops of the district form F.L. 2 licence of any other district situated within the jurisdiction of the same "Deputy Excise Commissioner charge his F.L. 2" licences may be affiliated to any one of the F.L. 2 licences of that other district with the prior permission of the Excise Commissioner.(d)(i)A licensee holding a licence in Form F.L. 2 shall sell Foreign Liquor within the limits of the district for which licence is granted unless otherwise permitted by the Deputy Excise Commissioner charge to sell it to any other district under his charge.(ii)A licensee holding a licence in Form F.L. 2 may sell Foreign Liquor to a retail vendor holding bar licence in Form F.L. 6 composite, F.L. 6-A Composite, F.L. 7, F.L. 7-B or F.L. 7-C (Club Bar Licence), within the jurisdiction of the Deputy Excise Commissioner charge concerned unless otherwise permitted by the Deputy Excise Commissioner Charge to sell it anywhere in Uttar Pradesh to retail vendor holding bar licence in Form F.L. 6 Composite, F.L. 6-A Composite, F.L. 7, F.L. 7-B or F.L. 7-C (Club Bar Licence).][F.L. 2] [Substituted by Notification No. 15415/Licence/Sansodhan-93-94, dated 31st March, 1994, published in the U.P. Gazette, Part I (ka), dated 25th. tune, 1994](See Paragraph 639)Licence for wholesale vend of foreign liquor (other than denatured spirit) to licensed vendors.Register No........................Name of licence holder ............Licence for the wholesale vend of foreign liquor, other than denatured spirit, is hereby granted to.................at.......................in the district of................from..............to..............and for which Rs................as licence fee has been deposited in advance by treasury challan/Bank Draft No..........dated...............and Rs. 50,000 has been deposited as security, details of which are given on the last page of the licence, subject to the following conditions, the infraction of any of the condition or a conviction for any offence under United Provinces Excise Act, 1910, or Narcotic Drugs and Psychotropic Substances Act, 1985 shall render the licensee liable to the forfeiture of his licence and security deposited in advance in addition to penalties, imposed under the above laws.Conditions
