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NCT Delhi - Section

Section 79 in The Delhi Excise Rules, 2010

79. Licence in Form L-25 for retail sale of denatured spirit up to five litres without permit and to the holder of permit in Form P-2.

(1)
(a)The possession limit of the licensee shall be fixed by the Deputy Commissioner on annual or one time basis or both up to ten thousand litres from time-to-time;
(b)no licensee shall have in his possession at any time, denatured spirit in a quantity in excess of ten thousand litres without the prior sanction of the Excise Commissioner.
(2)The licensee shall sell denatured spirit up to five litres without permit and up to ten litres to person holding permit in Form P-2 authorising him to purchase and possess denatured spirit exceeding five litres up to ten litres.
(3)
(a)The licensee shall, in particular, satisfy himself about the bona fide of the purchaser to ensure that the denatured spirit is required for genuine use;
(b)the licensee, before selling denatured spirit by retail to any individual for private home use, shall use all reasonable diligence to ascertain the requirement and shall maintain proper record of such transactions;
(c)likewise the licensee shall ensure that the denatured spirit to be sold to an educational and research institution or a furniture, polish dealer, private hospital, dispensary or registered medical practitioner does not exceed ten litres. In all such cases the licensee shall obtain a written requisition in which, inter alia, the quantity already in possession of the applicant shall be mentioned. Particulars of all such sales shall be entered in a separate register and all such requisitions and the register shall be checked by the Inspector of the area.
(d)the sales of denatured and special denatured spirit in excess of ten litres shall be made against the special permit issued by the Deputy Commissioner in Form P-3.
(4)The licensee shall keep an account of each and every transactions of receipt and sale of denatured spirit in a register in Form F-8 and shall submit such periodical returns, as may be specified by the Excise Commissioner:
(a)Unless otherwise permitted by the Excise Commissioner, the licensee shall store all his stock of denatured spirit in the licensed premises. In case the Deputy Commissioner has permitted the storage of denatured spirit in a godown under sub-rule (2) of rule 51, the licensee shall maintain an account of receipt and issue of denatured spirit at the godown separately in a register in Form F-6. The godown shall be used only for the storage of denatured spirit for issue to the licensed premises. The sale of denatured spirit from the godown on any pretext is strictly prohibited.
(b)Transport of denatured spirit from licensed premises to the godown and from godown to the licensed premises shall be regulated on the basis of a challan in Form F-18, issued by the licensee himself or by his authorized agent.
(c)The licensee shall neither sell denatured spirit of a lesser strength than 50 degree over proof, nor shall he mix denatured spirit with any other spirit.
(d)The licensee shall not adulterate or dilute denatured spirit to be sold by him or sell the same knowing it to have been adulterated or diluted or store or permit to be stored in his licensed premises or the licensed godown, denatured spirit in an adulterated or diluted state.
(e)The licensee shall keep denatured spirit in corked bottles or in a drum securely closed. All bottles, jars, drums or casks etc., containing denatured spirit shall bear a label printed in red and containing skull and cross bones with a warning "not to be taken internally" written in Hindi, Urdu, Gurumukhi and English.
(f)The licensee shall procure his supplies of denatured spirit by purchase from other vendors licensed to sell denatured spirit or by removal from licensed distilleries or warehouse licensed to store denatured spirit after obtaining permit/pass required under the rules
(g)The licensee shall allow any excise officer, not below the rank of Excise Inspector, to take samples of denatured spirit, imported or lying in storage with him free of cost, for the purpose of verification and analysis of the denaturants and contents of spirit thereof.
(h)The licensee shall comply with all directions and instructions issued by the Excise Commissioner from time-to-time.
(i)In the event of the enhancement of import fee leviable on denatured spirit, the difference of import fee shall be levied, on the balance of the stock, and the licensee shall pay such difference within thirty days of the date on which the enhanced rates come into force.
(j)The licensee shall maintain conspicuously above the main outer gate of the licensed premises, a signboard bearing his name and the words 'Licensed vendor of denatured spirit' written in Hindi, Urdu, Gurumukhi and English. The board shall be of the size not less than 1 meter x 30 centimeter and shall be painted in white with red letters. A board of similar size, exhibiting in conspicuous printed letters, the name of the licensee and the words "Approved godown, for storage, and not for sale of denatured spirit" written in Hindi, Urdu, Gurumukhi and English, shall be fixed at the outer gate of the godown, if any, approved by the Deputy Commissioner.
(k)
(a)Every licensee shall display at a conspicuous place of the licensed premises the sale price and opening stock of denatured spirit in such manner as to be easily accessible to the customers visiting the premises;
(b)the retail price fixed by the licensee for every consignment, having regard to the cost of spirit, incidental charges and the fee levied, shall be intimated to the Deputy Commissioner within three days of the receipt of the consignment.
(l)No licensee shall withhold from sale any denatured spirit kept for sale.
(m)No licensee shall obtain denatured spirit fraudulently in excess of the monthly or annual quota fixed for him by the Deputy Commissioner.
(n)In case the licensee wants to sell denatured spirit in bottles, he shall use standard size bottles. The capacity of the bottles shall be clearly indicated on the label affixed on the bottle itself.