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State of Uttar Pradesh - Section

Section 5A in Rules under the United Provinces Excise Act, 1910

5A. [ (1) The prohibition shall not apply to the transport and possession of foreign liquor (except denatured spirit) for personal consumption by person holding permit issued by the Collector or any officer authorised by him in this behalf.

(2)Foreign Liquor Permit shall be granted by the Collector or the officer authorized by him for one year to a person, who is not below 21 years of age in accordance with the following sub-rules.
(3)Applications for permit for one year for use of foreign liquor shall be submitted to the Collector or the officer authorised by him on plain paper stating the following particulars :
(a)The name of the applicant in full;
(b)Father's/Husband's name;
(c)Residential address in full (for local residents with Ration Card number);
(d)Age;
(e)If permit holder is not local resident, the temporary period of stay for which permit is needed;
(f)Quantity of foreign liquor in bottles (quarts) required during a fortnight;
(g)Signature or thumb-impression of the applicant.
(4)
(i)The Collector or the officer authorised by him will register the name of the applicant and will issue him a permit in Form F.L. 38 under his signature specifying the fortnightly quota and the name of the shop from which the purchase shall be made. A fee of Rs. 15 (Rupees fifteen) will be levied per permit for which payment in cash shall be realized from the applicant. No photograph of the applicant shall be required to be affixed on the permit issued to him/her.
(ii)Permit books containing permits in Form F.L. 38 shall be kept by District Excise Officer which shall be serially numbered and its account shall be maintained in a register.
(iii)The Collector or the officer authorised by him, shall obtain permit book from the District Excise Officer on written requisition.
(iv)The Collector or the officer authorised by him, shall issue permit from the book to the eligible person after realizing requisite permit fee under clause(i). The amount realized as permit fee shall be deposited in the Government Treasury.
(v)The details of number of permits issued, the name and address of permit holders and the amount of permit fees deposited in the treasury along with copy of the challan shall be submitted to the District Excise Officer every month by 15th of the month next following.
(vi)The District Excise Officer shall verify the permit fees so deposited in the Government Treasury every month.
(vii)The District Excise Officer shall maintain a register of all permit holders of the district and shall keep the details of the amount of permit fees deposited along with the number and date of treasury challans.
(viii)The District Excise Officer shall scrutinise and tally the book number and serial number of permits issued to the permit holders by the Collector or the officer authorised by him with the book number and serial number of permit book issued by him.
(5)The permit shall be granted subject to the following conditions :
(a)Fortnightly quantity shall not exceed 1.5 litres of foreign spirits and wines (2 bottles of 750 M.L.) and 2.6 litres of beer or 7.8 litres (12 bottles) of beer;
(b)The permit holder shall not possess at any one time any quantity of foreign liquor in excess of the quantity specified in his permit;
(c)The permit holder shall not obtain foreign liquor required by him from any place other than the specified licensed shop of foreign liquor;
(d)The permit holder shall not use or consume foreign liquor in any public place or in the room of a hotel or restaurant or institution to which the public may have access;
(e)The permit holder shall not share the foreign liquor obtained under the permit with any other person;
(f)The permit holder shall abide by the conditions of this permit and the provisions of the U.P. Excise Act, 1910 and the rules, regulations and orders made thereunder;
(g)The permit may be suspended or cancelled, in accordance with the provisions of Section 34 of the U.P. Excise Act, 1910;
(h)In the case the permit is cancelled or suspended or the permit holder himself surrenders it he shall surrender the whole of the unconsumed stock of foreign liquor forthwith to the Collector for disposal.]