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State of Haryana - Act

Haryana Restaurant (Consumption of Liquor) Rules, 1988

HARYANA
India

Haryana Restaurant (Consumption of Liquor) Rules, 1988

Rule HARYANA-RESTAURANT-CONSUMPTION-OF-LIQUOR-RULES-1988 of 1988

  • Published on 1 April 1988
  • Commenced on 1 April 1988
  • [This is the version of this document from 1 April 1988.]
  • [Note: The original publication document is not available and this content could not be verified.]
Haryana Restaurant (Consumption of Liquor) Rules, 1988Published vide Haryana Government Notification No. GSR 33/PAI/14/S.58/88 dated 1-4-1988Last Updated 18th May, 2019

1. Short title and commencement.

(1)These rules may be called the Haryana Restaurant (Consumption of Liquor) Rules, 1988.
(2)They shall come into force with effect from 1st day of April, 1988.

2. Definitions.

- In these rules unless the context otherwise requires, -(a)"Country Liquor" means country liquor as defined in the Punjab Excise Liquor Definitions, 1954;(b)[ "Foreign Liquor" means Rum and Gin of fifty degree proof.] [Substituted vide Haryana Government Notification No. GSR 20/PA1/14/s.58/Amd(1)/91 dated 26.3.1991.](c)"Form" means a form appended to these rules;(d)"Licensed restaurant" means a restaurant which has been licensed under these rules;(e)"licensee" means any proprietor of a restaurant licensed under these rules;(f)"proprietor" means the proprietor of a restaurant and includes any occupier there of as defined in Haryana Municipal Act, 1973;(g)"restaurant" means any place to which the public is admitted for consumption of food or drink for a consideration and includes Ihata attached to a retail liquor vend situated in towns or localities specified in the Appendix to these rules; andNote :- The expression mentioned in these rules but not defined herein shall have the meanings assigned to them under the Punjab Excise Act, 1914 and the rules framed thereunder.[3. Possession of country liquor and foreign liquor, Section 58(2)(f). - (1) No person shall keep or have in possession country liquor or foreign liquor in any quantity on any premises used as a restaurant in whole of the State of Haryana unless a licence for each such premises has been obtained by him for consumption of liquor under these rules.
(2)The restriction under sub-rule (1) shall have effect whether or not the quantity of liquor in the possession of a person falls within the limit of retail sale as fixed by the State Government from time to time.] [Substituted vide Haryana Government Notification No. S.O.41/P.A.1/1914/S.58/2003 dated 31.3.2003.][4. Number of licenses restaurants, section 58(2)(f). - The number of licensed restaurants for consumption of liquor in any of the districts may be equal to the number of liquor vends in a district.] [Substituted by Haryana Notification No. S.O.34/P.A.I/1914/S.58/2004. dated 31.3.2004][5. Grant of license Section 58(2)(f). - [(1) Subject to other provisions of these rules, a license in form L-52 (Anumat Kaksh) and subject to the conditions contained therein may be granted on 2% of license fee of the vend subject to a minimum of one lac rupees as license fee of the Anumat Kaksh. In case where the vend is part of the group, the license fee of the vend for which Anumat Kaksh shall be computed by dividing the group license fee among all the vends of the group in the ratio of basic quota allotted to each vend of the group for the purpose of arriving at the license fee for Anumat Kaksh. The Anumat Kaksh shall not be operated in an open space without boundary. The space shall to be confined and enclosed and shall not be a thorough fare or a crossing being used by general public. The space shall not be ordinarily visible to the passersby and the access to such a space should be through a well defined entry. The overall objective is to prevent drinking in public in full view of the passersby. Anumat Kaksh shall only be operated from adjoining place to the vend and in the same premises. The area of Anumat Kaksh shall be approved by Deputy Excise and Taxation Commissioner (Excise) at the time of approval of the Anumat Kaksh and licensee shall not encroach beyond the area approved. Liquor shall not be sold or served in any manner in the Anumat Kaksh. In order to prevent rowdy and drunken behavior in public, one Anumat Kaksh with each retail vend, shall be allowed by the Deputy Excise and Taxation Commissioner (Excise) strictly as per the provisions of the Excise Policy and relevant Excise Rules/Intoxicants License and Sales Orders 1956, for each retail outlet of liquor (L-14A/ L-2) in urban areas and sub-urban areas falling within 5 Kilometers from the outer limit of respective Municipal Corporation/Council/Committees and borders with other States. The licensee is required to have proper structure and furniture and to maintain cleanliness and hygienic environment.] [Substituted by Haryana Notification No. S.O.39/P.A.I/1914/S.58/2006. dated 31.3.2006]]
(2)[ The Collector while allowing a licence in Form L-52 Permit Kaksh, shall prefer only those licensees who shall provide better conditions for sitting and better standards of hygiene and health. The Collector shall also devise a set of norms which shall be mandatory to be followed by the licensee.] [Added by Notification No. S.O. 23/P.A.1/1914/S.58/2008., dated 31.3.2008 (w.e.f. 1.4.1988).]

6. Restrictions on the grant of license, section 58(2)(f).

- License in form L-52 shall not be granted in respect of premises which are suspected of being visited by women, minors, students, bad characters, criminals or prostitutes.

7. Utilisation of license, section 58(2)(f).

- A license shall not be utilised in respect of any premises other than that in respect of which it has been granted.

8. Inspection of licensed premises, section 58(2)(f).

- Licensed premises shall at all times be open to inspection by the Excise Officers of first and second classes but in the case of Excise Officers of the Police Department not below the rank of a Deputy Superintendent of Police.

9. Repeal and savings.

- The Punjab Restaurant (Consumption of Liquor) Rules, 1955, as applicable to Haryana, are hereby repealed :Provided that anything, done or any action taken under the rules so repealed shall if not inconsistent with the provisions of these rules, be deemed to have been done or taken under the corresponding provisions of these rules.Form L-52[See rule 5]A license for Consumption of/*Country/*Foreign liquor in a restaurant situated in a town/locality to which the Haryana Restaurant (Consumption of Liquor) Rules, 1988 extend. Registered number.Subject to the provisions of the Punjab Excise Act, 1914, and the Haryana Restaurant (Consumption of Liquor) Rules, 1988, and to the following special conditions this license is granted to *Shri ________________ Son of Shri_________________ resident of ______________aged_________OR*M/s_________________a firm consisting of following persons :-

1. Shri_________son of __________resident of________aged_________

2. Shri_________son of _______resident of______________ aged________ permitting *him/*them to allow consumption to *country liquor/*foreign liquor at the ________restaurant, situated __________ (mention here the Shop No., Bazar, road or locality) and bounded as under :___________

East_______ South ________ West_________ North________.for the period from the _________ to the_________* Deleted whichever is not applicable.Special Conditions

1. The licensee shall not sell or supply any kind of liquor to consumers.

2. The licensee shall keep the restaurant well ventilated, adequately and nicely furnished, thoroughly clean and dry. The restaurant shall be situated in a proper building having pacca floors. The entrance shall be fitted with a door which would close automatically. The furniture shall also be so arranged that passers by do not have any view of the interior of the restaurant.

3. The licensee shall not permit any singing, dancing or theatrical performance or entertainment in the restaurant.

4. The licensee shall observe dry days as specified in the Haryana Liquor License Rules, 1970 and shall not permit the consumption of liquor at his restaurant except during timings as laid down in the said rules.

5. The Collector may order the temporary closure of restaurant for maintenance of public peace and make any change in the above hours according to the conditions prevailing in the area concerned.

6. The license is not transferable,

Date_________ Place_______ Signature of the Collector.Note:- One copy of this license shall be given to the licensee and one copy shall be kept in the office of the Collector.Appendix[See rule 3]List of towns or localities in which under sub-section (4) of section 24 of the Punjab Excise Act, 1914 (1 of 1914), the possession of country liquor or foreign liquor in a restaurant has been prohibited and to which the Haryana Restaurant (Consumption of Liquor) Rules, 1988, are applicable and the number of restaurants licensed therein :-
S. No. Name ofTowns/Localities No. of RestaurantsLicensed
1 2 3
AMBALA DISTRICT
1. Ambala Cantt. 14
2. Ambala City 13
3. Sadhaura 1
4. Naraingarh 2
5. Mazra (Shazadpur) 1
6. Kalka 1
7. Ambala Rd. Majri 1
8. Panchkula 2
BHIWANI DISTRICT
1. Bhiwani 10
2. Tosham 1
3. Bawani-Khera 1
4. Dadri 5
5. Loharu 1
FARIDABAD (EAST)DISTRICT
1. Faridabad Complex 17
2. Hassanpur 1
FARIDABAD (WEST)DISTRICT
1. Faridabad Complex 22
2. Palwal 5
3. Hodel 2
4. Hathin 1
GURGAON DISTRICT
1. Gurgaon 11
2. Sohana 1
3. Farukh Nagar 1
4. Tarru 1
5. Nuh 1
6. Ferozepur-Jhirka 1
7. Pataudi 1
8. Jatauli 1
HISSAR DISTRICT
1. Hissar 12
2. Barwala 2
3. Uklana 2
4. Hansi 5
5. Tohana 3
6. Jakhal 1
7. Fetehabad 3
8. Ratia 1
JAGADHARI DISTRICT
1. Yamuna Nagar 6
2. Jagadhri 3
3. Chhachhrauli 2
4. Buria 1
JIND DISTRICT
1. Jind 6
2. Jullana 2
3. Safidon 2
4. Narwana 4
5. Uchana 2
6. Kalayat 2
KARNAL DISTRICT
1. Karnal 15
2. Assandh 2
3. Gharaunda 2
4. Indri 2
5. Nilokheri 2
6. Tarrori 2
7. Panipat 12
8. Samalkha 2
KURUKSHETRA DISTRICT
1. Sahahabad 3
2. Adda Cheeka 1
3. Guhla 1
4. Kaithal 5
5. Fetehpur Pundri 1
6. Pipli 1
7. Ratgal 1
8. Sunderpur 1
9. Ladwa 2
10. Bahri 1
11. Radour 2
12. Mirzapur 1
MOHINDERGARHDISTRICT
1. Rewari 7
2. Bawal City 1
3. Narnaul 6
4. Ateli 2
5. Mohindergarh 3
6. Kanina 2
ROHTAK DISTRICT
1. Rohtak 10
2. Jhajjar 2
3. Meham 1
4. Kalanaur 1
5. Beri 1
6. Kosli 1
7. Bahadurgarh 5
SIRSA DISTRICT
1. Sirsa 9
2. Dabwali 4
3. Kalanwali 2
SONEPAT DISTRICT
1. Sonepat 9
2. Ganaur 2
3. Gohana 4
4. Kharkhoda 2