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Andhra Pradesh Excise (Grant of licence of selling by in-house and conditions of licence) Rules, 2005

Andhra Pradesh Excise (Grant of licence of selling by in-house and conditions of licence) Rules, 2005

Raw JSON API

Sections

1. Short title, extent and commencement.

Section 1

2. Application.

Section 2

3. Definitions.

Section 3

4. Licences and Permits.

Section 4

5. Application for licence and procedure for grant of Licence.

Section 5

6. Persons not eligible for grant of licence.

Section 6

7. Restrictions on the grant of License.

Section 7

8. Licensing authorities.

Section 8

9. Failure to comply with directions entails rejection of application.

Section 9

10. Period of the Licence, commencement of business.

Section 10

11. License Fee.

Section 11

12. Privilege Fee.

Section 12

13. Transport permit.

Section 13

14. Import permit.

Section 14

15. Sale or consumption permitted in the licensed premises only.

Section 15

16. License and plan of the licensed premises to be exhibited.

Section 16

17. Hours of Business.

Section 17

18. Dry days.

Section 18

19. Licensee not to stock unauthorized Indian Liquor and Foreign Liquor.

Section 19

20. The licensee not to stock Indian Liquor or Foreign Liquor at unauthorized place.

Section 20

21. Licensee to sell Indian Liquor and Foreign Liquor of specified Strength.

Section 21

22. Indian Liquor or Foreign Liquor not to be adulterated.

Section 22

24. Indian Liquor and Foreign Liquor shall not be given or sold to certain persons.

Section 24

25. Bottles for sale to carry labels.

Section 25

26. Sale of Indian Liquor or Foreign Liquor duty paid.

Section 26

27. Standard measures to be kept.

Section 27

28. Certain acts prohibited in the licensed premises.

Section 28

29. Harbouring of certain persons prohibited.

Section 29

30. Provision for a night watchman.

Section 30

31. Employment of servants.

Section 31

33. Consignments to be opened only in the presence of the Proh. & Excise Officer.

Section 33

34. No breakages or losses in transit allowed.

Section 34

35. Licensee to maintain accounts.

Section 35

36. Licensee to maintain brand-wise accounts.

Section 36

37. Entries in the daily accounts register.

Section 37

38. Statements of accounts to be furnished.

Section 38

39. Monetary transactions with officers prohibited.

Section 39

40. Officers authorised to inspect premise.

Section 40

41. Inspection book to be maintained.

Section 41

42. License to be surrendered to the licensing authority on expiry.

Section 42

43. License to be cancelled under certain circumstances.

Section 43

44. Licensee and permit holders to abide by the provisions of the Act etc..

Section 44

45. Suspension, withdrawal or cancellation of a licence or permit.

Section 45

46. Stocks on cancellation or withdrawal of licence.

Section 46

47. Permit for sacramental Wine for bishop's Houses.

Section 47

48. Removal of difficulties.

Section 48

1. Name of the Applicant.

Section 1

2. Full residential address

Section 2

3. Details of the organization or partnership firm with registration particulars.

Section 3

4. Details of premises to be licensed.

Section 4

5. Details of any other licences held by him.

Section 5

6. Date on which he can commence business.

Section 6

7. In case of EP-1 the date/dates of the event.

Section 7

1. Name of the applicant

Section 1

2. Name and style of proposed licence.

Section 2

3. Full address of the premises to be licenced.

Section 3

4. Registration number and date of registration.

Section 4

5. Whether copy of Bye-laws and Articles of Association enclosed.      Yes/No.

Section 5

6. No. of Members and number who have paid their membership fees for the last three years.

Section 6

8. Whether the club is located in its own building or in a building provided by the Government.

Section 8

9. Size of consumption room (in Sq. Mts.)

Section 9

10. Whether the club has the following facilities it

Section 10

11. Whether there is kitchen for cooking and serving complete meals

Section 11

12. Whether there is separate dining room/ dining area for serving meals

Section 12

13. Whether separate toilet facilities are provided for male and females

Section 13

14. Whether the club has been convicted of offences under the provisions of Excise Act, Customs Act or Narcotic Drugs Act, A.P. Intoxicating Liquor (Prohibition of Advertisement) Act, 1978 or any non-bailable offence.

Section 14

1. East.

Section 1

2. West

Section 2

3. North

Section 3

4. South

Section 4

1. The privilege extends to the sale of all kinds of Indian Liquor and Foreign liquor. No liquor shall be sold for removal from the licensed premises nor any liquor shall be sold otherwise than to the residents in the Tourism Guest House for their own use or that of their guests or to causal visitors who reserve the facility in the Guest House.

Section 1

2. The licensee is prohibited from purifying, colouring and flavouring the liquor or mixing any material therewith and from blending another kind of liquor with it or to keep in his possession any liquor other than that authorized under this licence.

Section 2

3. The licensee is prohibited from bottling liquors,

Section 3

4. The possession or sale of diluted beer by the licensee is prohibited.

Section 4

5. All Indian Liquor and Foreign Liquor sold under this licence shall be duty paid and obtained from the Andhra Pradesh Beverages Corporation Limited.

Section 5

6. The licensee shall maintain and furnish to the Excise Superintendent statistics showing the consumption of all kinds of liquors separately.

Section 6

7. This licence is not transferable No leasing out of the privilege is permissible.

Section 7

8. The licence shall be subject to cancellation or suspension at will by the Commissioner of Prohibition and Excise.

Section 8

9. The licensee shall not act in any manner prejudicial to the interest of the revenues of the Government.

Section 9

1. East

Section 1

2. West

Section 2

3. North

Section 3

4. South

Section 4

1. The privilege extends to the sale of Beer. No Beer shall be sold for removal from the licensed premises nor any liquor shall be sold otherwise than to the residents in the Tourism Guest House for their own use or that of their guests or to causal visitors who reserve the facility in the Guest House.

Section 1

2. The licensee is prohibited from purifying colouring and flavouring the liquor or mixing any material therewith and from blending ano her kind of liquor with it or to keep in his possession any liquor other than that authorized under this licence.

Section 2

3. The licensee is prohibited from bottling liquor,

Section 3

4. The possession or sale of diluted beer by the lcensee is prohibited.

Section 4

5. All Indian Liquor and Foreign Liquor sold under this licence shall be duty paid and obtained from the Andhra Pradesh Beverages Corporation Limited.

Section 5

6. The licensee shall maintain and furnish to the Excise Superintendent statistics showing the consumption of all kinds of liquo s separately,

Section 6

7. This licence is not transferable. No leasing out of the privilege is permissible.

Section 7

8. The licence shall be subject to cancellation or suspension at will by the Commissioner of Prohibition and Excise.

Section 8

9. The licensee shall not act in any manner prejudicial to the interest of the revenues of the Government.

Section 9

1. East

Section 1

2. West

Section 2

3. North

Section 3

4. South

Section 4

1. The privilege extends only to the service and consumption of all kinds of Indian Liquor and Foreign Liquor and other brinks containing alcohol in the consumption hall and lawn if liquor is to be served and consumed on special occasion outside the approved consumption hall or Lawn(s), an Event permit in Form EP-1 must be obtained.

Section 1

2. The hours of transaction will form 11 a.m. to 11 p.m.

Section 2

3. All liquors can be stocked in the approved premises noted above.

Section 3

4. The licensee shall sell only duty paid Indian Liquor.

Section 4

5. Indian Liquor can be served to the members as well as to their guests.

Section 5

6. The Secretary of the club shall maintain and furnish the statistics showing the receipts and issue of the Indian Liquor h the prescribed register daily and furnish monthly statements before the 5th of every month to Prohibition and Excise Superintendent through the Proh. & Excise Sub Inspector, and Excise Inspector.

Section 6

7. The licence is liable for cancellation for the following reasons.

Section 7

8. All Indian Liquor and Foreign Liquor consumed under ts licence shall be obtained from the Andhra Pradesh Beverages Corporation Limited.

Section 8

9. This licence is not transferable.

Section 9

10. The licensee shall not act in any manner prejudicial to the interests of the revenue of the Government.

Section 10

1. East

Section 1

2. West

Section 2

3. North

Section 3

4. South

Section 4

1. Sale transactions of the Indian Liquor to be carried only on the above premises of the canteen. However, sale can take place in any the place, if a part of the regiment is drafted to the said place for training or other purpose.

Section 1

2. Indian Liquor shall not be stocked in any place other than that noted above.

Section 2

3. Indian Liquor shall not be sold to persons other than hose attached to the regiment for which this licence is issued.

Section 3

4. This licence shall not be transferable to any other person. If the terms of the contract of the licence is terminated by the competent military officer, the licence will be cancelled and a fresh licence shall be issued to another person on the recommendation of the said officer, on payment of full licence fee

Section 4

5. The licensee shall sell only duty paid Indian liquor.

Section 5

6. The licensee shall maintain and furnish to tie Excise Superintendent statistics showing the import, receipts and issue of foreign liquor before the 5th of every month.

Section 6

7. Any Proh. & Excise officer not less than the rank of Proh. & Excise Sub-Inspector shall be empowered to Check and verify the balance and receipts and issue of the Indian Liquor.

Section 7

8. All Indian Liquor coined under this license shall be obtained from the holders of a licence inform CS-3

Section 8

9. The Licence shall be subject to cancellation or suspension at will by the Commissioner of Prho. & Excise.

Section 9

10. The licensee shall not act in any manner prejudicial to the interests of the revenues of the Government.

Section 10

1. East

Section 1

2. West

Section 2

3. North

Section 3

4. South

Section 4

1. The privilege extends to the sale or serve of all kinds of Indian Liquor and Foreign Liquor at refreshment halls in conation with races/meetings and public entertainments for consumption on the premises.

Section 1

2. The licensee is prohibited from bottling the liquor.

Section 2

3. The licensee is prohibited from purifying, colouring and flavouring the Indian Liquor or mixing any materials therewith and from blending another kind of Indian liquor with it or to keep in his possession other than Indian liquor authorized by this licence.

Section 3

4. All Indian Liquor and Foreign liquor sold under this licence shall be obtained from the Andhra Pradesh Beverages Corporation Limited.

Section 4

5. The licensee shall sell only duty paid Indian liquor.

Section 5

6. Any Proh. & Excise office not less than the rank of Proh. & Excise Sub-Inspector shall be empowered to check and verify the balance and receipts and issue of the Indian Liquor.

Section 6

7. The licence shall be subject to cancellation or suspension at will by the Commissioner of Proh. & Excise.

Section 7

8. The licensee shall not at in any manner prejudicial to the interests of the revenues.

Section 8

1. East

Section 1

2. West

Section 2

3. North

Section 3

4. South

Section 4

1. Indian Liquor and Foreign Liquor shall not be sold to persons other than those of defence personnel and Ex-servicemen.

Section 1

2. The privilege extends to the sale of all kinds of Indian Liquor and Foreign liquor, Indian Liquor can be sold for removal from the licenced premises in sealed receptacles in quantities as per the scale prescribed for defence personnel by Government of India from time to time.

Section 2

3. The licensee is prohibited from purifying, colouring and flavouring the liquor or mixing any material therewith and from blending another kind of liquor with it or to keep in his possession other than Indian Liquor authorized under this licence.

Section 3

4. The licensee is prohibited from bottling Indian Liquor,

Section 4

5. The possession or sale of diluted beer by the licensee is prohibited.

Section 5

6. All Indian Liquor sold under this licence shall be obtained from the holders of licence in Form CS-3.

Section 6

7. The licensee shall sell only duty paid liquor in sealed, capsuled bottles affixed with Excise Adhesive labels and manufacturers labels duly approved by the Commissioner of Prohibition, Excise as required under these rules.

Section 7

8. The licensee shall maintain and furnish to the Prohibition & Excise Superintendent statistics showing the consumption of all kinds of Indian Liquor separately.

Section 8

9. This licence is not transferable,

Section 9

10. The licence shall be subject to cancellation or suspension at will by the Commissioner of Prohibition & Excise.

Section 10

11. The licensee shall not act in any manner prejudicial to the interests of the revenue of the Government.

Section 11

1. Name of the Religious Institution

Section 1

2. Name of the Head of Institution

Section 2

3. Full address of the Institution

Section 3

4. Purposes for which the permit is applied for

Section 4

5. Quantity in litres, proof strength, quality or make of each variety forming the consignment.

Section 5

6. Place from which the consignment will start

Section 6

7. Place to which the consignment will reach

Section 7

8. Route through which the consignment passes and mode of conveyance by Road/Canal/Rail/Air

Section 8

9. Probable time required for transit

Section 9

1. Wine shall be issued for Sacramental purpose only and under the personal control of the Bishop/Reverend of the........... to priests/pastors who hold licenses for its possession and use or to visiting priests/pastors from areas to which the Andhra Pradesh Excise Act, 1968, has been extended who stand in need of wine for sacramental purposes, and to none else or for any other purposes.

Section 1

2. Wine that can be possessed under the terms of this permit shall not exceed in a year.

Section 2

3. In this permit "Wine" includes grape juice and such other Indian Liquor as the State Government, may from time to time approve for sacramental purposes.

Section 3

4. Wine issued under the terms of this permit may be transported under a covering certificate issued by the Bishop/Reverend of the.................................

Section 4

5. All requirements of wine shall be obtained from the Andhra Pradesh Beverages Corporation Limited,

Section 5

6. All Bills for the purchase of wine shall be preserved and produced for inspection on demand by any Excise officer not below the rank of Proh. & Excise Sub-Inspector. Accounts shall be maintained of at receipts and all expenditure and issues and consumption of wine.

Section 6

7. This permit shall should be used for the purposes for which it is issued. Neither this permit nor the Indian liquor covered by it shall be carelessly or otherwise be permitted to be used by any one for other purposes. Abuse shall be carefully guarded against.

Section 7

8. This permit will cover every use to which sacramental wine is put according to the religious custom of the denomination concerned.

Section 8

1. The privilege extends only to the sale of all kinds of Indian Liquors and Foreign Liquors in quantities not less than 9 litres in sealed receipts, to holders of licence inform CS-1 and CS-2 only and none others. The licensee shall be bound to issue a memo in the prescribed Form enclosed in quadruplicate, one form to be kept on his record, the second to be given to the licensed purchaser, the third to be dispatched to the Proh & Excise Superintendent of the place of importing and the fourth to

Section 1

2. The Licensee shall sell only duty paid Indian Liquors.

Section 2

3. The licensee is prohibited from purifying, colouring and flavouring the Indian liquors or mixing any material therewith and from blending another kind of Indian liquor with it or keep in his possession and sell Indian liquors not authorized under this licence,

Section 3

4. The licensee can import all kinds of Indian liquors and foreign liquor from outside the Andhra Pradesh State after obtaining a permit under......................................

Section 4

5. The licensee shall maintain and furnish to the Proh. & Excise Superintendent statistics showing the import receipts and issues of all kinds of Indian Liquors separately.

Section 5

6. The licence is not transferable.

Section 6

7. The licensee shall sell bottled Indian Liquor only in scaled and capsuled bottles affixed with excise adhesive labels and manufacturer's labels duly approved by the Commissioner of Prohibition and Excise.

Section 7

8. The licence shall be subject to cancellation or suspension at will by the Commissioner of Prohibition and Excise.

Section 8

9. The licensee shall not act in any manner prejudicial to the interest of the revenue of the Government.

Section 9

1. The licensee shall be bound by the provisions of the Andhra Pradesh Excise Act, 1968 and Rules made there under as amended from time to time and also by the following conditions which are special to this licence.

Section 1

2. The privilege conferred herein is restricted to the possession and issue of foreign liquor including duty free bottled foreign liquor to bonafide international passengers transiting Civil Air Port.

Section 2

3. The liquor permitted to be possessed under this licence shall be obtained from sources outside the State of Andhra Pradesh or from the Customs Bond.

Section 3

4. A transport permit of customs clearance permit will be obtained by the Officer-in-charge of the duty free facility whenever foreign liquor is obtained either from customs bond or from sources other than customs bond.

Section 4

5. The officer-in-charge of the duty free facility shall, when required, produce evidence to show that the foreign liquor has been obtained lawfully. This licence shall also be deemed to cover the import of such liquor into this State.

Section 5

6. The quantity of foreign liquor possessed under this licence shall not, at one time exceed (2,500 Quart bottles - Two thousand Five hundred quart bottles).

Section 6

7. The licence shall cease to operate and shall be cancelled in the event of infringement of any of the foregoing conditions and such other conditions as may infringement of any of the foregoing conditions and such other conditions as may be prescribed from time to time.

Section 7

8. This licence and stocks of foreign liquor possessed or issued under it shall be open to inspection by any officer of the Prohibition and Excise Department not below the rank of Prohibition and Excise Inspector. The licensee shall give information and furnish such records of other materials as may be required by the officer in connection with his inspection.

Section 8

9. The licence is issued Free or Fee.

Section 9

1. Date of Inspection

Section 1

2. Time of inspection

Section 2

3. Name of the Officer inspecting with his designation.

Section 3

4. Quantity of liquors as per stock books.

Section 4

5. Quantity found actually in stock.

Section 5

6. Difference if any, and the reasons given by the licensee.

Section 6

7. General conditions of the licensed premises.

Section 7

8. Other remarks or directions, if any.

Section 8

2. The Proh. & Excise Superintendent shall attest the signature or thumb impression and also sign across the Photograph of the agent/authorised servant under his official seal in token of its correctness.

Section 2

3. The Nowkamama shall be issued in duplicate and the duplicate retained in the Office of the Proh. & Excise Superintendent.

Section 3