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      • 1. Short title and commencement.
      • 2. Fixation of strength.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Establishment of manufactory.
      • 4. Procurement of Spirit.
      • 5. Maturation of spirit.
      • 6. Manufacturing of Indian made foreign liquor.
      • 7. Quality Control.
      • 8. Bottling of Indian made foreign liquor.
      • 1.
      • 2.
      • 3.
      • 4.
      • 5.
      • 6.
      • 7.
      • 1. Short title and commencement.
      • 2. Special provision with respect to Indiamade foreign liquor.
      • 1. Short title and commencement.
      • 2. Transport and Possession of country Liquor.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3.
      • 4.
      • 5.
      • 6. U.P. Bottling of Foreign Liquor Rules, 1969 to apply.
      • 7. Supply of low strength rum.
      • 8. Adjustment towards minimum guaranteed quantity country liquor.
      • 1. Short title and commencement.
      • 2. Amendment of Rule 2.
      • 3. Amendment of Rule 4.
      • 4. Amendment of Rule 6.
      • 5. Amendment of Rule 7.
      • 6. Amendment of Rule 8.
      • 7. Amendment of Rule 10.
      • 8. Amendment of Rule 11.
      • 9. Amendment of Rule 16.
      • 10. Amendment of Form CL2.
      • 1. Short title and commencement.
      • 2. Grant of licence for certain localities and to certain persons.
      • 1. Short title and commencement.
      • 2. Application.
      • 3. Definitions.
      • 4. Settlement of grant for retail sale.
      • 5. Power to fix number of shops and groups of shops.
      • 6. Date of auction.
      • 7. Auction notice.
      • 8. List of licences to be exhibited.
      • 9. Hall Ticket.
      • 10. Disqualification for bidding.
      • 11. Procedure regarding solvency certificate and consolidated list of solvency certificate holders.
      • 12. Bidders of other States.
      • 13. General conditions to be read and explained : Excise Manual 374 (4).
      • 14. Auction of shops.
      • 15. Submission of tenders.
      • 16. Auction procedure.
      • 17. Acceptance of bid or tender.
      • 18. Final acceptance of bid.
      • 19. Validity of bid.
      • 20. Licence security.
      • 21.
      • 22. Default in payment of advance security.
      • 23. Bar against defaulting auction purchaser.
      • 24. Payment of monthly instalments of bid money.
      • 25. Adjustment or refund of advance security deposit.
      • 26. Execution of counterpart agreement.
      • 27. Production of surety bond.
      • 28. Commencement of period of licence.
      • 29. Declaration of minimum guaranteed quantity.
      • 30. Monthwise division and lifting of minimum guaranteed quantity.
      • 31. Price of the intoxicants.
      • 32. Lifting of intoxicants over and above the minimum guaranteed quantity.
      • 33. Sale to be within licensed period.
      • 34. No claim for delay in supply.
      • 35. List of unsold shops to be submitted to Excise Commissioner.
      • 36. Provisional settlement of unsold shops.
      • 37. Statement of settled shops.
      • 38. Rescission and Saving.
      • 1. Short title and commencement.
      • 2. Status of the Service.
      • 3. Definitions.
      • 4. Number of posts.
      • 5. Source of recruitment.
      • 6. Reservation for Scheduled Castes, Scheduled Tribes, etc.
      • 7.
      • 8. Experience.
      • 9. Determination of vacancies.
      • 10. Selection.
      • 11. Appointment.
      • 12. Seniority.
      • 13. Probation.
      • 14. Departmental examination.
      • 15. Confirmation.
      • 16. Scales of Pay.
      • 17. Criterion for crossing efficiency bar.
      • 18. Canvassing.
      • 19. Regulation of other matters.
      • 20. Relaxation from conditions of service.
      • 1. Short title and commencement.
      • 2. Grant of licence to certain class only.
      • 3.
      • 1. Short title, extent and commencement.
      • 2. Definition.
      • 3. Power of the Magistrate to grant reward.
      • 1. Short title and commencement.
      • 2. Hours of sale.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Licences.
      • 4. Annual quota.
      • 5. Declaration of alcohol content.
      • 6. Action against contravention of these rules or breach of any conditions of licence.
      • 7. Fixation of wastage limit.
      • 8. Power to enter and search the premises.
      • 9. Power to issue instructions.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3.
      • 4.
      • 5.
      • 6.
      • 7.
      • 8.
      • 9.
      • 10.
      • 11.
      • 12.
      • 13.
      • 14.
      • 15.
      • 16.
      • 17.
      • 18.
      • 1. Short title and commencement.
      • 2. Grant of permit.
      • 3. Period of permit.
      • 4. Application for Permit.
      • 5. Transport of foreign liquor.
      • 6. Import of liquor.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Sales to wholesale and retail dealer to be made against permits.
      • 4. No sale to be made except under these rules.
      • 5. Sales by manufactures to dealers, institutions and medical practitioners.
      • 6. Sale by person holding L4 licence.
      • 7. Sale by wholesale dealer holding licence in Form F.L. 15A.
      • 8. Sale by retail dealer.
      • 9. Sale by registered medical practitioner holding Doctor's permit.
      • 10. Sale to wholesale or retail dealers to be covered permit in Form R.M.P. 5.
      • 11. Daily accounts to be maintained by wholesale or retail dealers.
      • 12. Retail dealer to maintain cash or credit memo in respect of sales made.
      • 13. No restriction as to sale hours.
      • 14. No restriction on the ground of sex or age of the purchaser.
      • 1.
      • 2.
      • 3.
      • 4.
      • 5.
      • 6.
      • 1. Short title, commencement and application.
      • 2. Definitions.
      • 3. Power to fix number and group of shops.
      • 4. Settlement to be by tendercumauction system.
      • 5. U. P. Excise Rules, 1910, to apply.
      • 6.
      • 7. Acceptance of bid or tender.
      • 8. Monthly statement of liquor to be lifted.
      • 9. Deposit of issue price.
      • 10. Consequence of failure to make good the deficiency.
      • 11. Sale to be within licensed period.
      • 12. No claim for delay in supply.
      • 1. Short title, commencement and application.
      • 2. Definitions.
      • 3. Licensing authority.
      • 4. Monthly distribution statement of Bhang to be lifted.
      • 5. Deposit of issue price.
      • 6. Consequence of failure to make good deficiency.
      • 7. Sale to be within licensed period.
      • 8. No claim for delay in supply.
      • 9.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Classification of spirituous medicinal and toilet preparations.
      • 4. Restriction on possession and transport.
      • 5. By a private individual.
      • 6. By a registered medical practitioner holding Doctor's permit in Form F.L. 15C.
      • 7. Transport by private individual.
      • 8. Transport by a wholesale dealer.
      • 9. Transport by a registered medical practitioner holding Doctor's permit in Form F.L. 15C.
      • 10. Transport by a retail dealer.
      • 11. Transport by persons and institutions specially authorised by medical officer or the Excise Commissioner.
      • 12. Grant and renewal of licence.
      • 1. Short title and commencement.
      • 2. Amendment of Rule 2.
      • 1. Short title and commencement.
      • 2. Repeal of enactments.
      • 3. Interpretation.
      • 4. Power of State Government to declare what is to be deemed "liquor".
      • 5.
      • 6. Power of State Government to declare limit of sale by retail.
      • 7. Possession of intoxicant by wife, clerk or servant.
      • 8. Saving of enactments.
      • 9.
      • 10. Administration of Excise Department in districts.
      • 11. Appeals and revisions.
      • 12. Import of intoxicants.
      • 13. Export and transport of intoxicants.
      • 14.
      • 15. Passes necessary for import, export and transport.
      • 16. Grant of passes for import, exports and transport.
      • 17. Manufacture of intoxicants prohibited except under the provisions of this Act.
      • 18. Establishment or licensing of distilleries and warehouses.
      • 19. Removal of intoxicants from distillery, etc.
      • 20. Possession of intoxicants in excess of the quantity prescribed by State Government prohibited except under permit.
      • 20A.
      • 20B.
      • 21. Sale of intoxicants without licence prohibited.
      • 22. Prohibition of sale to persons under the age of twenty one years.
      • 23. Prohibition of employment of persons under the age of twenty-one years, and of women.
      • 24. Grant of exclusive privilege of manufacture, etc.
      • 24A. Grant of exclusive or other privilege in respect of foreign liquor.
      • 24AA.
      • 24B. Removal of doubts.
      • 25. Manufacture and sale of liquor in military cantonments.
      • 26. Grantee of exclusive privilege may let or assign.
      • 27. Recovery by grantee of exclusive privilege of sums due to him.
      • 28. Duty on excisable articles.
      • 28A. Imposition of additional duty in certain cases.
      • 29. Manner in which duty be levied.
      • 30. Payment of exclusive privileges.
      • 30A. Saving for duties being levied at the commencement of the Constitution.
      • 31. Form and conditions of licences, etc.
      • 32. Saving of licences in force at the commencement of this Act.
      • 33. Power of authority granting licence to require execution of counterpart agreement, etc.
      • 34. Power to cancel or suspend licences, etc.
      • 35. No compensation or refund claimable for cancellation or suspension of licence, etc., under this section.
      • 36. Surrender of licence to sell by retail.
      • 36A. Bar to right of renewal and compensation.
      • 37. Technical irregularities in licences, etc.
      • 37A. Prohibition of import, export, transport, possession or consumption of intoxicants.
      • 38. Measures, weights and testing instruments.
      • 38A. Interest on arrears of excise revenue.
      • 39. Recovery of excise revenue.
      • 40. Power of State Government to make rules.
      • 41. Power of Excise Commissioner to make rules.
      • 42. Manufacture of Tari.
      • 43. Sale of Tari.
      • 44. Power of State Government to exempt from provisions of Section 42, area in which exclusive privilege for manufacture etc. of Tari has been granted.
      • 45. Grant of licence by grantee of exclusive privilege of manufacturing Tari.
      • 46. Duty on Tari.
      • 47. Power to make rules.
      • 48. Power to enter and inspect place of manufacture and sale.
      • 49. Powers of certain officers to investigate into offences punishable under this Act.
      • 50. Power of arrest, seizure and detention.
      • 51. Power of Collector to issue warrant of arrest.
      • 52. Power of Collector or Magistrate to issue a search warrant.
      • 53. Power of Collector or officer of the Excise Department to search without warrant.
      • 54. Procedure relating to arrest, searches, etc.
      • 55.
      • 56. Duty of officers of certain departments to report offences and to assist officers of the Excise Department.
      • 57. Duty of owner, occupier, lekhpal or village policeman to report certain matters.
      • 58. Duty of officer incharge of police station to take charge of articles seized.
      • 59. Power to close shops for the sake of public peace.
      • 60.
      • 60A. Penalty for mixing noxious substance with intoxicant and selling of noxious substance under the grab of intoxicant.
      • 60B. Security for abstaining from cocaine offences.
      • 61. Penalty for unlawful selling to persons under twenty-one or employing persons under twenty-one, or women.
      • 62. Penalty for rendering denatured spirit fit for human consumption.
      • 63. Penalty for unlawful import of intoxicant and transport or possession of unlawfully imported intoxicant etc.
      • 64. Penalty of certain acts by licensee or his servant.
      • 64A. Penalty for adulteration etc. by licensed vendor or manufacturer.
      • 65. Penalty for consumption in chemists shop, etc.
      • 66. Penalty for excise officer refusing to do duty.
      • 67. Penalty for excise officer making vexatious search, etc.
      • 68. Penalty for offences not otherwise provided for.
      • 69. Enhanced punishment after previous conviction.
      • 69A. Demand for security for abstaining from commission of certain offences.
      • 69B. Penalty for abetment.
      • 69C. Offence by companies.
      • 70. Cognizance of offence.
      • 71. Presumption as to commission of offence in certain cases.
      • 71A. Provisions regarding pardon, etc. to apply to offences under the Act.
      • 72. What things are liable to confiscation.
      • 73. Further provisions for confiscation.
      • 73A. Order for destroying confiscated intoxicant.
      • 74. Compounding of offences.
      • 74A. Imposition of penalty.
      • 75. Exception of medicated articles.
      • 76. Power of State Government to exempt persons and intoxicants from the provisions of this Act.
      • 77. Publication of rules and notifications.
      • 78. Bar of certain suits.
      • 79. Power of Excise Commissioner, exercisable from time to time.

The U.P. Setlement of Shops for Retail Sale of Bhang Rules 1988

Published vide Notification No. 984/UPA, dated March 23, 1988, published in the U.P. Gazette, Part 1 (ka), dated 2nd April, 1988, Pages 1065-1068

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In exercise of the powers under 41 of the U.P. Excise Act, 1910 (U.P.Act, No. IV of 1910), read with section 21 of the U.P. General Clauses Act. 1904 (U.P. Act No. 1 of 1904), and in omission of clauses (d) of Rule 1 of the Excise Rule as substituted by Rule 2 of the U.P. Excise (First Amendment) Rules, 1984, published with Notification No. 5354/Licence/Anubhag-3, dated march 3, 1984 the Excise Commissioner, Uttar Pradesh, with the previous sanction of the State Government, makes the following rules with a view to regulating the grant of licence for retail sale of bhang :

1. (1) These rules may be called the Uttar Pradesh Settlement of shops for Retail Sale of Bhang Rules, 1988.

(2) They shall come into force with effect from the date of their publication in the Gazette.

2. The licence for retail vend of Bhang be granted by the Collector in Form I.D. 14/appended to these rules.

3. The licence under Rule 2 shall be granted to such persons only as have deposited the fee mentioned in Column 2 and the security mentioned in Column 3 of the table given below.

Table

Area in which shop is located

Scale of fixed fee for a year or part thereof

Security deposit in shape of fixed deposit receipt of a scheduled bank

1

2

3


Rs.

Rs.

Urban area (except Tarai area)

50,000

10,000

Rural area

25,000

7,500

Tarai area

10,000

5,000

4. A licence under Rule 2 shall not be granted to a person-

(a) Who has been convicted by a criminal court of a non-bailable offences or

(b) who has been a former license an is in arrears of Government dues or his conduct has been found unsatisfactory or has been found guilty of any serious breach of any of the conditions given in the licences; or

(c) who is below the age of 18 years; or

(d) who is suffering from any infectious or contagious disease.

5. The retail vendors shall be allowed to sell ghota bhang.

6. A licence for retail sale of Bhang shall abide by the prescribed general conditions binding on all licences for retail vend of intoxicants (paragraphs 347, 348, 349 and 351 in Chapter VI of Excise Manual, Volume I) and the special conditions mentioned in the licence.

Licence for the Retail Sale of Bhang Under Fixed Fee System

Register No.

Locality

Name of licence holder

Name of Salesman

Exact description of the licensed premises (with boundaries).

North.

South

East

West.

Licence for retail sale of bhang is hereby granted ........................................................... at .................... in district of from.............................. to March 31, 19 subject to the following special and general conditions, the infraction of any of which or a conviction for any offence under the Excise or Narcotic Drugs and Psychotropic Substances Laws shall render the licensee liable to the cancellation of his licence and forfeiture of his security deposits in addition to any penalties imposed under the above laws.

1. The license shall pay to Government a fixed fee in advance along with a security as mentioned below, whichever is applicable for the area for which the licence is granted :

Area in which shop is located

Scale of fixed fee for a year or part thereof

Security deposit in shape of fixed deposit receipt of a scheduled bank

1

2

3


Rs.

Rs.

Urban area (except Tarai area)

50,000

10,000

Rural area

25,000

7,500

Tarai area

10,000

5,000

2. The licensee shall obtain his supplies of bhang only from a bonded warehouse established in his district.

3. The licensee shall provide himself with accurate scales and weights which may be prescribed by the Excise Commissioner and shall use such weights only and no other and keep the same in good condition.

4. At the entrance to the shop a signboard shall be affixed on which the name of the vendor, the designation "Licence Vendor of Bhang for the year ..............." shall be legibly painted.

5. The licensee is strictly prohibited from possessing or selling packets of bhang which are unsealed. >

6. The licensee is allowed to sell ghota bhang at his licensed premises.

7. The licensee must personally supervise weighment of packets wrapped in paper and scaled in his presence and kept ready for sale to the public, provided that the number of such packets sold to any person at one time except under a permit granted under Rule 1003 of the U. P. Excise Manual, Vol. I shall not exceed 120 gms. in total weight.

8. The licensee shall possess and sell only that bhang which has been lawfully obtained from a bonded warehouse. Admixture of bhang or doing anything with regard to it which might change its appearance, potency, quantity or weight is strictly prohibited.

9. Any portion of the stock of bhang which may be declared by any officer, duly authorised in this behalf, to be unfit for consumption shall be surrendered for destruction.

10. The licence-holder, unless exempted by an order of the Collector, shall correctly maintain a daily account in a printed register to be obtained from the Collector's Office on payment.

The account shall be written up as soon as the transaction of each day has been closed.

11. The licensee shall, on the expiry of his licence report to the Collector, the amount of stock, if any, remaining in his possession. Such stock shall be disposed off by the Collector in accordance with the provisions contained in para 343 of the U. P. Excise Manual, Vol. I.

12. The licensee is strictly forbidden from having recourse to any form of blandishment or inducement to the customers with a view to increase his sales.

13. The licensee shall not keep in his licensed shop any other intoxicating drug, liquor or narcotic substance except lawfully obtained bhang and recovery of any such drug or liquor from the licensed premises shall render the licensee liable to cancellation of his licensee and forfeiture of his security deposits.

14. The licensee shall be bound to observe the prescribed general conditions binding on all licensees for retail vend of intoxicants (paragraphs 347, 348, 349 and 351 in Chapter VI of Excise Manual, Vol. I).

Collector.

District ...............

Dated ................

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