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State of Uttar Pradesh - Section

Section 378 in Rules under the United Provinces Excise Act, 1910

378. Foreign liquor shops under the surcharge system.

(1)The fee for the following classes of foreign liquor licences are assessed on the sales of the preceding year in accordance with the scale of surcharge applicable to each licence, subject to a maximum or minimum in certain cases :
(a)Wholesale licences in Forms F.L. 1 and 2;
(b)Retail licences in Forms F.L. 4 and 5;
(c)Hotel and dak bungalow licence in Form F.L. 6;
(d)Restaurant or hotel bar licence in Form F.L. 7;
(e)Railway refreshment room or dining car licence in Form P.L. 8.
(2)In the case of licence granted in connection with the grant of contracts under the military canteen system (Forms F.L. 9 and F.L. 9-A), the licence fee is levied, monthly in advance, on the basis of sales made in the preceding month.
(3)Whenever it is proposed to issue a new licence in Form F.L. 2, F.L. 4, F.L. 5 or F.L. 7, the Collector shall forward his recommendations to the Excise Commissioner. In doing so he shall obtain the view's of the Assistant Excise Commissioner of the charge in respect of these licences. On receipt of Excise Commissioner's sanction, the licensee shall be selected by the Collector, in the case of retail licences, in accordance with U.P. Licensing under the Surcharge Fee System Rules, 1968 after inviting applications. In the case of F.L. 2 wholesale licences the licensee shall be selected by the Collector after inviting applications.
(4)The grant of Hotel licences in Form F.L. 6 is regulated by para 647 of this Manual. On receipt of Excise Commissioner's sanction the licence may be granted to the lessee/proprietor of the hotel recommended by the Collector.Notes. - (1) Grant of licences in Form F.L. 6 has been discontinued with effect from April 1, 1949 under orders from the Government.
(2)In the cases of grant of new licences in any of the Form F.L. 2, F.L. 4, F.L. 5, F.L. 6 and F.L. 7 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 be first referred to the State Government with full justification for the same for their approval. After receipt of Government's approval further action may be taken for the selection of the personal of the said licences strictly in accordance with the rules on the subject.