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[Cites 0, Cited by 0] [Section 38] [Entire Act]

State of Punjab - Subsection

Section 38(1) in The Punjab Liquor Licence Rules, 1956

(1)A license in form L-1 for the wholesale or retail vend of foreign liquor to the trade.
(a)[ The license shall be granted only to the person/firm/company having retail trade (L-2 License) of alteast one group/zone in concerned revenue district. This license shall be granted in the same name and style of the trade as of the L-2 license. [Substituted by Notification No. G.S.R.06/P.A.1/1914/S.59/Amd.(133)/2017, dated 28.3.2017 (w.e.f. 2.4.1956).]
The licensee shall sell foreign liquor, wholesale or retail, bottled or otherwise, only to a person holding license in form L-1,L-2 (of the same revenue district), L-2A (Beer only), L-3A, L-4, L-4A, L-5, L-5A, L-6, L-7, L-8, L-9,L-10, L-13A,(if so authorized by the Collector for the purchase of Indian Made Foreign Liquor of the strength of 40 degrees under proof) L-10B, L-12, L-12A, L-12B or L-12C or to a licensee in any State, and he shall not sell un-bottled liquor to any retail vendor, who is not licensed to sell for consumption on his premises, and he shall sell bottled liquor only in sealed and capsuled bottles. However, if L-2 licensee does not get liquor of any particular brand in his district or the required quantity of that brand is not available in his district then he can obtain permits for purchase of liquor from any L-1 licensee in the State with prior approval of the concerned Deputy Excise and Taxation Commissioner.] [Added by Notification No. G.S.R.06/P.A.1/1914/S.59/Amd.(133)/2017, dated 28.3.2017 (w.e.f. 2.4.1956).]
(aa)[ The licensee L-3,L-4,L-5, L-3A, L-4A, L-5A, L-5B and L-12C who wants to avail the facility of purchasing liquor from L-1 licensee, shall apply to AETC alongwith his GST returns and any other information as may be sought by the concerned AETC. After satisfying himself that the GST turnover of the licensee is above Rs.5.00 crore, the Collector shall make an endorsement in the license that the licensee is permitted to obtain the liquor from L-1. There after, such licensee shall purchase liquor only from L-1 licensee not from L-2 licensee. In case of 5 Star Hotel, who begin their operation during the financial year 2018- 19, the condition of having GST turnover of Rs. 5.00 crore in the previous year shall be exempted.] [Inserted by Punjab Notification No. G.S.R.14/P.A.1/1914/S.59/ Amd.(136)/2018, dated 22.3.2018 (w.e.f. 2.4.1956).]
(b)If the licensee holds a licence in form B-1 (Brewery licence) or D-2 (Distillery licence), no sale of less than 12 bottles of the capacity of 750 litres each or 9 litres shall be permitted.
(c)The licensee shall maintain accounts of receipts and sales in form L-22 and shall at the end of each month prepare and submit to the Excise Inspector a monthly true abstracts of receipts and sales in form M-66.
(d)[ The licensee shall maintain a category-wise and variety-wise sale and stock register in respect of all the brands purchased and sold by him] [Added by Punjab Government Notification G.S.R. 40/P.A.I/14/Section 59/Amd. (104)/2001 dated 30.3.2001.]
(e)[ The licensee shall purchase Indian Made Foreign Liquor, Imported Foreign Liquor, Beer, Wine and Ready to Drink Beverages (Indian and Imported) directly from manufacturing units of the State (Distillery, Brewery or Bottling Plant licensees of the State). Licensee can transfer liquor from one L-1 to another L-1 on payment of prescribed permit fee.] [Substituted by Notification No. G.S.R.06/P.A.1/1914/S.59/Amd.(133)/2017, dated 28.3.2017 (w.e.f. 2.4.1956).]
(f)[ The licensee under any name or style, who has ever violated any excise law or terms and conditions of his license granted by the department to him, shall not be eligible for grant or renewal of license. [Inserted by Notification No. G.S.R. 17/P.A. 1/1914/S.59/Amd. (124)/2013, dated 22.3.2013 (w.e.f. 2.4.1956).]
(g)If the licensee is found indulging in any mal practices, his license would be suspended/cancelled.]
[(1-A) [Substituted by Notification No. G.S.R. 07/P.A.1/1914/S.59/Amd.(135)/2018, dated 1.2.2018 (w.e.f. 2.4.1956).] A licence in Form L-1A (IMFL), L-1A (BIO) and L-1A (BEER), Shall be omitted:Provided that a person previously holding the license in Form L-1A (BIO) and L-1A (BEER), shall return the stock of liquor for the year 2016-17 manufactured within the State, to the respective manufacturing companies:Provided further that a person previously holding the license in form L-1A (BIO) and L-1A (BEER), shall return the stock of liquor for the year 2016-17 imported from other States or form approved custom bonded warehouses to the Collector (Excise) of the Division concerned. The Collector (Excise) shall thereafter, transfer such stock to any existing L-1 or L-1 (Import)license, who is licensed to sell liquor of the kind surrendered.]