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State of Uttar Pradesh - Section
Section 9 in U.P. Excise (Settlement of Licenses for Wholesale of Country Liquor)(Eleventh Amendment) Rules, 2019
9. Amendment of Rule 16.
- In the said rules, for existing Rule 16, the following rule shall be substituted, namely -"16. Suspension, Cancellation and Penalties. - (1) Licensing Authority may suspend or cancel the Licence and forfeit the security money -(a)If any bottle or container of country liquor is found in the Licensed premises on which excise duty has not been paid and which does not carry the Security Code duly approved by the Excise Department as a proof of payment of duty;(b)If any other kind of liquor or intoxicating drug for which licence is not granted is found in the Licensed premises;(c)If Licensee charges from retailers of country liquor more than the maximum wholesale price fixed by the Excise Commissioner;(d)If any unauthorized security code making apparatus, spirit, colour, essence etc. is found in the Licensed premises.(e)If Licensee has made incorrect or fraudulent entries in records which resulted in loss of revenue;(f)If it is proved that the wholesale licence has been sublet or transferred;(g)If any liquor or intoxicating drug is found in the possession of the Licensee against the provisions of the Act or Rules;(h)If the assertions made in the affidavit or in the application form submitted by the Licensee at the time of application are found incorrect, false or misleading;(i)If it is found that the licence has been obtained in a fictitious name or the Licensee is holding the licence on behalf of some other person;(j)If Licensee fails to supply country liquor according to demand of strength, volume, brand and packing type within forty-eight hours of the receipt of indent for supply of country liquor along-with price including duty, other taxes and levy deposited under e-payment platform.(k)If licensee violates any of the conditions mentioned in the licence form.(l)If any stock is found without Bar Code/ Q.R. Code in the licenced premise.| SI. No. | Type of violation | For first time (in Rs) | For second time (in Rs) | For third time (in Rs) |
| 1 | 2 | 3 | 4 | 5 |
| 1 | Providing inducement to retail licensee forincreasing sale. | 10000 | 20000 | 50000 |
| 2 | Stock not found according to account. | 20000 | 30000 | 50000 |
| 3 | Proper indent register not maintained. | 10000 | 20000 | 50000 |
| 4 | Not putting up board out side licensed premise.Necessary information not written on the board. | 10000 | 15000 | 20000 |
| 5 | Proper arrangement of CCTV not found or CCTVnot functioning | 10000 | 20000 | 30000 |
| 6 | Inability to supply in prescribed time period. | 20000 | 40000 | 50000 |
| 7 | Minimum assessed stock not found. | 20000 | 30000 | 50000 |
| 8 | Inability to produce licence. | 5000 | 10000 | 30000 |
| 9 | Operation of licence by unauthorized salesman. | 5000 | 10000 | 20000 |
| 10 | Proper arrangement of cleanliness not found. | 5000 | 10000 | 15000 |
| 11 | Premises not found approved. | 10000 | 25000 | 50000 |
| 12 | Extension of premises without permission. | 10000 | 20000 | 30000 |
| 13 | Not sending retail shop-wise monthly supplyreport in brand-wise, capacity-wise, strength-wise andpackaging-wise. | 10000 | 20000 | 50000 |