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State of Uttar Pradesh - Section

Section 21 in Uttar Pradesh excise Settlement of Licenses for Retail Sale of Country Liquor) (Eleventh Amendment) Rules, 2019

21. Suspension/cancellation and compound of the license and penalties. - (i) Licensing authority may suspend or cancel the license:-

(a)if any bottle or container of country liquor is found in the licensed premises on which duty has not been paid and which does not carry security code affixed duly approved by the Excise Department as proof of payment of duty.(b)if any bottle or container of any other kind of liquor or intoxicating drug (for which license is not granted) is found in the licensed premises.(c)if any liquor or intoxicating drug is found in the possession of the licensee against the provisions of the Act or Rules:(d)if the affidavit submitted by the licensee at the time of application is found incorrect and assertions made therein are found to be false.(e)if it is found that the license has been obtained in a false name or the licensee is holding the license on behalf of some other person.(f)If the licensee fails to deposit monthly instalment of license fee or replenish the deficit in security amount within prescribed period.(g)If the licensee is convicted of an offence punishable under the Act or of any cognizable and non-bailable offence or any offence punishable under the Narcotics Drugs and Psychotropic Substances Act, 1985 or of any offence punishable under sections 482 to 489 of the Indian Penal Code, 1860.(h)If any caramel, colour, essence, hologram/shrink sleeve or barcode, lebel, capsule, seal or other illegal material found in licence premises.
(2)The licensing Authority shall immediately suspend the license and issue a show cause notice for cancellation of license and forfeiture of security the licensee shall submit his explanation within seven days of the receipt of notice. There after the licensing authority shall pass suitable orders after giving due opportunity of hearing to the licensee.Provided that the procedure of suspension and cancellation of license related to relevant matter as adduced in the sub paragraph (f) of the aforesaid rule-21(1) shall be executed in accordance with the rule-14.
(3)In case the license is cancelled the basic license fee, license fee and security amount deposited by him shall stand forfeited in favour of the Government and the licensee shall not be entitled to claim any compensation or refund. Such licensee may also be blacklisted and debarred from holding any other excise license.
(4)Matter of compoundable breaches pertaining on retail licenses such as below shall be imposed with minimum compounding fee:
SI. No. Type of violation For first time (in Rs) For second time (in Rs) For thirdtime (in Rs)
1 2 3 4 5
1 Shop found opened before or after thestipulated time. 2500 3000 5000
2 Unauthorised sales man found to be making sale. 5000 7000 10,000
3 Stock register not produced when asked for. 10,000 15,000 20,000
4 Stock register found incomplete. 10,000 15,000 | 20,000
5 Tempering with bottles and quarters or theirlabels or bar code, pilfer proof cap or seals. 10,000 15,000 20,000
6 Found having recourse to inducement to thecustomer with a view to increasing sales such as dancing orgambling. 5000 7000 10,000
7 To store duty paid stock in unauthorisedpremises/ warehouse. 20,000 25,000 30,000
8 Duty paid stock being found in excess ofaccount. 25,000 30,000 r 50,000
9 Adulteration with water/ dilution of liquormixing of low category liquor with high category liquor. 40,000 50,00(1 Proceeding of cancellation of licence
10 Found selling of loose liquor. 5000 10,000 15,000
11 Found making sale of liquor during days ofprohibition and closure. 30,000 40,000 50,000
12 Any alteration in the premises withoutpermission. 20,000 25,000 30,000
13 Found selling of liquor above the prescribedMRP. 10,000 20,000 30,000
14 Non-displaying of essential informationaccording to rule or displaying faulty information on thesignboard installed outside the premises. 5000 10,000 20,000
15 On being found no proper arrangement ofcleanliness in the shop. 2000 5000 10,000
16 Any other irregularity, which is not mentionedunder Serial 1 to 15. 2000 5000 10,000