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State of Uttar Pradesh - Section

Section 3 in The U.P. Excise Licences (Tender-Cum-Auction) Rules, 1991

3. Definitions.

- In these rules-
(a)'Act' means the U.P. Excise Act, 1910;
(b)'Auction' means the manner of inviting tenders as well as bids in public auction for grant of licence for the retail sale of Bhang and country liquor and foreign liquor;
(c)'Auctioning authority' means the licensing authority, or any officer of the rank of Additional Collector, or any officer of the Excise Department not below the rank of Assistant Excise Commissioner authorised by the Licensing Authority to conduct auctions and call for tenders.
(d)'auction purchaser' means the person whose bid or tender is accepted by the Licensing Authority;
(e)'bid' means an offer of bid-money by a bidder in an excise Auction and includes a tender;
(f)'bid-money' means the consideration of the grant of licence under Section 24 or 24-A of the Act for the exclusive privilege of selling by retail any Bhang, or country liquor, or foreign liquor in the shop or group of shops for which the auction is made, payable by the auction purchaser under Section 30 of the Act in two parts, comprising the licence fee and the basic licence fee, if any;
(g)'basic licence fee' means that part of bid-money which is payable by the auction purchaser calculated on the entire minimum guaranteed quantity at the rate notified by the Excise Commissioner from time to time;
(h)'country liquor' includes country spirit;
(i)'excise years' means the financial year commencing from. 1st April to 31st March of next calendar year;
(j)'form' means a form given in the Appendix to these rules;
(k)'highest bidder' means the person who offers the highest bid-money by bid or tender;
(l)'Licensing Authority' means the Collector of the District;
(m)'licence fee' means that part of bid-money which is payable on acceptance of the bid other than the part of bid-money described as basic licence fee;
(mm)[ 'Low Strength Rum' means spirit made from molasses base and coloured and flavoured so as to resemble rum imported into India and which contains not more than 30 per cent absolute alcohol by volume;] [Inserted by Notification No. 17055, dated 11th March, 1993, published in U.P. Gazette, Part 4, Section (Kha), dated 20th March, 1993.]
(n)'Minimum guaranteed quantity' means the minimum quantity of Bhang, country liquor or foreign liquor, as the case may be, fixed by the Licensing Authority, if any, guaranteed by the auction purchaser to be lifted by him from the licensed excise bonded warehouse or otherwise as specified by the Excise Commissioner, for the purpose of being sold by retail in his shop or group of shops during the excise year or part of the excise year for which he has obtained the licence, so however, that the total minimum guaranteed quantity for the district shall not be less than the quantity fixed by the Excise Commissioner for the whole district.