The Bihar Excise (Settlement of Licences for retail sale of Country/Spiced country liquor) Rules, 2004

{
    "id": 15786,
    "slug": "the-bihar-excise-settlement-of-licences-for-retail-sale-of-country-spiced-country-liquor-rules-2004",
    "title": "The Bihar Excise (Settlement of Licences for retail sale of Country/Spiced country liquor) Rules, 2004",
    "short_title": "The Bihar Excise (Settlement of Licences for retail sale of Country/Spiced country liquor) Rules, 2004",
    "act_number": "Published vide Notification Bihar Gazette (Extra-o",
    "act_year": 2004,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Bihar Excise (Settlement of Licences for retail sale of Country/Spiced country liquor) Rules, 2004",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, Extent and Commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Application of the Rules.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Definition.",
            "chapter": null,
            "content": "(a) 'Act' means the Bihar Excise Act, 1915;\n(b) 'Auction' means to invite tenders and bids in public auction for granting licence for retail sale of Country Liquor (Including Spiced Country Liquor);\n(c) 'Auctioning Authority' means the Licensing Authority, or any other officer not below the rank of Excise Superintendent, authorised by Licensing Authority to conduct auction and invite tenders;\n(d) 'Auction Purchaser' means the person whose bid or tender is accepted by the Licensing Authority;\n(e) 'Bid' means offer of bidding money by the bidder in excise auction (which includes tender);\n(f) 'Bidding-Money' means offer of a sum of money in respect of licence fee (excluding issue fee) for settlement of any shop or a group of shops in the auction (which includes tender);\n(g) 'Issuance fee' means that portion of consideration for grant of exclusive privilege of retail sale of Country Liquor/Spiced Country Liquor in any shop or group of shops under Section 22 of the Act, which is payable at the rate prescribed by the Board of Revenue, from time to time, on the quantity of liquor to be issued from Country Liquor/Spiced Country liquor warehouses of retail sale by the licensee;\n(h) 'Board' means the Board of Revenue, Government of Bihar;\n(i) 'Country Liquor' includes spiced country liquor and country spirit;\n(j) 'Excise' year means the financial year beginning from 1st April and ending on 31st March of next calendar year;\n(k) 'Highest bidder' means the person who offers maximum bidding money through bid or tender;\n(I) 'Licensing Authority' means the Collector of the District;\n(m) 'Licence fee' means that portion of amount of consideration money for grant of exclusive privilege of retail sale of country liquor/spiced country liquor from any shop or a group of shops under Section 22 of the Act, which is payable by the licensee/auction-purchaser;\n(n) 'Annual minimum guaranteed quantity' means the quantity of guaranteed country liquor (including spiced country liquor) as determined by the Licensing Authority under general or special direction issued by the commissioner of Excise and to be lifted from the bonded warehouse, licensed for the retail shop of the licensee or any other place specified by the Commissioner of Excise during an excise year for the purpose of retail sale by the licensee;\n(o) 'Reserve fee' means the minimum fee of bid assessed under the procedure prescribed by the Commissioner of Excise, a bid less than the reserve fee shall not ordinarily be accepted.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Settlement of the right of retail Sale.",
            "chapter": null,
            "content": "(a) retail sale of country liquor/spiced country liquor in sealed bottles and sachets for consumption outside the premises in the country liquor/ spiced country liquor shop.\n(b) retail sale of country liquor/spiced country liquor in sealed bottles and sachets for consumption on the premises in the country liquor/spiced country liquor shop.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Constitution of Group of Shops.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Power to determine minimum guaranteed quantity.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Date of Auction.",
            "chapter": null,
            "content": "(i) date of auction of different country liquor/spiced county liquor shops/ licences;\n(ii) time and place of auction of licences;\n(iii) any other particulars or requirements which may be deemed necessary;\n(iv) the last date, time and place of receiving the documents for participating in the auction.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Sale notification.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Display of list of shops or group of shops.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Hall Ticket.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Qualification for bidding.",
            "chapter": null,
            "content": "(a) produces solvency certificate in prescribed form, equivalent to sixth portion of the reserve fee, granted by the sub-divisional office of the sub-division where he resides or owns immovable property:\n(b) produces an affidavit duly affirmed in prescribed form, giving descriptions of his movable and immovable property and its status and annexed with the affidavit, the copies of documents supporting his title on the property showing in the affidavit;\n(c) deposits advance money in cash/and or through Bank Draft equivalent to a twelfth portion of determined reserved fee;\n(d) if he is an arrear holder of excise revenue:\n(e) if he has been convicted by a criminal court for any non-bailable offence;\n(f) if his licence has been cancelled during the last five years;\n(g) if he has been debarred from bidding in auction under the provisions of these Rules;\n(h) unless he submits commercial taxes clearance/no objection certificate.\n(i) unless he submits income tax clearance certificate.\nNote. - In case of any doubt concerning the genuineness of the solvency certificate or any other certificate, the decision of the officer conducting the auction shall be final.\nNote.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Procedure regarding solvency certificate.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Reading over and explaining of the general conditions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Application for participation in auction cum-tender.",
            "chapter": null,
            "content": "(a) Name, father's name, full address of the applicant;\n(b) Name, nature and situation of the shop or group of shops, for which application has been made;\n(c) Any other descriptions, documents and certificates etc., mentioned in the sale notification;\n(a) Name, Father's name and full address of the applicant;\n(b) Name of the shop or group of shops and its situation, for which the tender is being filled;\n(c) Annual amount of the licence fee offered for settlement of the shop or group of shops, (in figure and words);\n(d) Any other particulars, documents, certificates etc., mentioned in the sale notification;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Procedure of auction.",
            "chapter": null,
            "content": "(b) The bid-sheet shall be signed by the highest bidder and the two bidders just below him. If the bidders just-below him are not available for signature, or refuse to sign, a note to this effect will be entered in the bid sheet.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Acceptance of bid or tenders.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Final acceptance of bid.",
            "chapter": null,
            "content": "(b) The amount of highest bid, accepted will be the annual amount of licence fee.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Validity of the bid.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Payment of Advance Security.",
            "chapter": null,
            "content": "(a) An amount equivalent to sixth portion of annual licence fee shall be immediately deposited in cash or in the form of Bank Draft. The amount of cash/Bank Draft and that of advance money deposited previously under Rule 11 (a) and Rule 11 (c) respectively, shall be adjusted in part from security amount.\n(b) The payable remaining amount on account of advance security shall have to be deposited within ten days of auction or before commencement of the licence whichever is earlier.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Default in advance Security.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Bar to the defaulter auction-purchaser.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Payment of bid money in monthly instalments.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Adjustment/refund of advance security amount.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Commencement of the period of licence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Monthly division of annual minimum guaranteed quantity and its lifting.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Lifting of liquor and issuance fee.",
            "chapter": null,
            "content": "(ii) The rate of issuance fee will be determined, from time to time, by the Board of Revenue in conformity with the Policy of the Government and this rate may be different for the monthly minimum guaranteed quantity and quantity lifted beyond the same.\n(2) Price of the liquor.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Sale during the period of Licence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Invalidity of claim for delay in supply, closing of shop, not opening of shop or reduction in hours of sale.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Provisional Settlement of unsold shops.",
            "chapter": null,
            "content": "(1) Provisional tender/offer will be invited.\n(2) For this purpose, the Licensing Authority shall ordinarily give advance notice of three days for receiving the tender/offer. The notice given by Licensing Authority shall include the following details:\n(a) Name of the shop or group of shops to be settled provisionally:-\n(b) Period, for which the tender/offer is to be invited:-\n(c) Date, time and place of receiving of tenders/offers:-\n(d) Monthly licence fee, which should not be less than the monthly reserved fee:-\n(e) Conditions of tenders/offer(s):-\n(3) The tenders shall be opened in presence of tenderer on the date determined for receiving the offer.\n(4) The tender/offer of highest bidder shall be accepted.\n(5) The provisional settlement shall not be made for more than one month at a time.\n(6) Immediately after the acceptance or offer, the money of the entire period of provisional settlement shall be deposited in advance; and no settlement shall be made unless and until the bid amount is deposited.\n(7) If during the period of provisional settlement, the regular settlement of the said shop/group of shops is made, the provisional settlement shall stand automatically terminated from the date of regular settlement and the proportionate amount of advance licence fee shall be refunded to the provisional licensee.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. On cancellation of any licence of retail sale or there being requirement of r.",
            "chapter": null,
            "content": "31.\n32.\n33.\nizi= N & 10\nizi= N & 10\nTransport Pass for C.S./Spiced Country Liquor See Rule 26(1)\n\t\t\t\tof Bihar Excise (Settlement of country/spiced country liquor)\n\t\t\t\tRules, 2004\nTransport Pass for C.S./Spiced country liquor See Rule 26(\n\t\t\t\t1)oi Bihar Excise (Settlement of country/spiced country liquor\n\t\t\t\tRules, 2004\nTransport Pass for C.S./Spiced country liquor See Rule 26(1)\n\t\t\t\tof Bihar Excise (Settlement of country/spiced country liquor)\n\t\t\t\tRules, 2004\nTransport Pass for C.S. /Spiced country liquor See Rule 26(1)\n\t\t\t\tof Bihar Excise (Settlement of country/spiced country liquor)\n\t\t\t\tRules, 2004\nCounter foil (To be kept in Excise office)\nFirst copy: (To be Retained in warehouse or manufacturing unit\n\t\t\t\tfor record)\nSecond copy: (To be Retained to Excise office by warehouse/\n\t\t\t\tmanufacturing unit)\nThird copy: (For licensee)",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "1",
            "title": "1. Name of the Licence holder to whom granted..........",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "1",
            "title": "1. Name of The Licence holder to whom granted...........",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "1",
            "title": "1. Name of the Licence holder to whom granted..........",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "1",
            "title": "1. Name of The Licence holder to whom granted...........",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "2",
            "title": "2. Name of the Shop..............",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "2",
            "title": "2. Name of the Shop..............",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "2",
            "title": "2. Name of the Shop..............",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "2",
            "title": "2. Name of the Shop..............",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "3",
            "title": "3. Area of the Group...........",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "3",
            "title": "3. Area of the Group.............",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "3",
            "title": "3. Area of the Group...........",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "3",
            "title": "3. Area of the Group.............",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "4",
            "title": "4. Serial No. of pass and date of issue........",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "4",
            "title": "4. Serial No. of pass and date of issue...............",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "4",
            "title": "4. Serial No. of pass and date of issue........",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "4",
            "title": "4. Serial No. of pass and date of issue...............",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "5",
            "title": "5. Excisable articles..........",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "5",
            "title": "5. Excisable articles...............",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "5",
            "title": "5. Excisable articles..........",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "5",
            "title": "5. Excisable articles...............",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "6",
            "title": "6. Quantity in B.L.............",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "6",
            "title": "6. Quantity in B.L..................",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "6",
            "title": "6. Quantity in B.L.............",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "6",
            "title": "6. Quantity in B.L..................",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "7",
            "title": "7. Quantity in L.P.L...........",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "7",
            "title": "7. Quantity in L.P.L................",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        },
        {
            "number": "7",
            "title": "7. Quantity in L.P.L...........",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 56
        },
        {
            "number": "7",
            "title": "7. Quantity in L.P.L................",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 57
        },
        {
            "number": "8",
            "title": "8. Treasury challan No. with date..........",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 58
        },
        {
            "number": "8",
            "title": "8. Treasury challan No. with date..............",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 59
        },
        {
            "number": "8",
            "title": "8. Treasury challan No. with date..........",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "8",
            "title": "8. Treasury challan No. with date..............",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 61
        },
        {
            "number": "9",
            "title": "9. Amount of the Issuance fee deposited in the treasury.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 62
        },
        {
            "number": "9",
            "title": "9. Amount of the Issuance fee deposited.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 63
        },
        {
            "number": "9",
            "title": "9. Amount of the Issuance fee deposited in the treasury.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 64
        },
        {
            "number": "9",
            "title": "9. Amount of the Issuance fee deposited.",
            "chapter": null,
            "content": "Date............\nDate............\nSignature of the Assistant Commissioner of\n Excise/ Supdt. of Excise\nDate............\nSignature of the Assistant Commissioner of\n Excise/ Supdt. of Excise\nDate............\nSignature of the Assistant Commissioner of\n Excise/ Supdt. of Excise\nPlace...........\nPlace...........\nPlace...........\nPlace...........\nSignature of the licensee or his authorised\n salesman/Agent with full name.\nFrom warehouse:—\nFrom warehouse:—\nFrom warehouse:—\n(i) Actual quantity issued from warehouse (give\n details).........\n(i) Actual quantity issued from warehouse (give\n details).........\n(i) Actual quantity issued from warehouse (give\n details).........\n(ii) Pass No. of Warehouse with date........\n(ii) Pass No. of Warehouse with date........\n(ii) Pass No. of Warehouse with date........\n(iii) Kind of vehicle and Registration No......\n(iii) Kind of vehicle and Registration No......\n(iii) Kind of vehicle and Registration No......\n(iv) Route of movement......\n(iv) Route of movement......\n(iv) Route of movement......\nSignature of the Assistant Commissioner of Excise/\n Supdt. of Excise\nSignature of the licensee or his authorised Salesman/Agent\n with full name.\nSignature of the Warehouse Officer with Seal.\nSignature of the licensee or his authorised Salesman/Agent\n with full name.\nSignature of the Warehouse Officer with Seal.\nSignature of the licensee or his authorised Salesman/Agent\n with full name.\nSignature of the Warehouse Officer with Seal.\nizi= N & 11\nizi= N & 11\nList of Authorised agent or salesman\nList of Authorised agent or salesman\n(See Rules 133 & 134 of Board's Rules, vide Notification No. 23-137-2 dated 29th April, 1919)\nSl. No.\nName of the Salesman\nFather's Name\nAge\nNative village/P.S and District & Present\n Address\nSignature of the Salesman/Agent\nSignature of the Licensee\n1\n2\n3\n4\n5\n6\n7\nSignature of the Asstt. Commissioner of Excise/Excise Superintendent District..............\nForm 26C\nForm 26C\nForm 26C\nForm 26C\nCounterfoil\nLicence for the retail vend of\n Country liquor including Spiced Country Liquor\nDistrict Licence\n No........... Name of Licensee.............. Security\n Deposit......... Current from............to.......... Annual\n Licence fee................ Monthly Licence\n fee.............. Area of Group.................\nAnnual Minimum Guaranteed Quota of\n Group Quota: C.S....No. of shops.... Quota: Spiced C.S.\n ..... No. of shops.\nReceived the licence of which this\n is the counterfoil, and a copy of the general conditions\n applicable to all excise licences.\nDate......... Place........\nSignature of the Licensee (With Full Name)\nLicence for the retail vend of\n Country Liquor including Spiced Country Liquor.\nNote -The counterfoil of this\n licence is to be signed by the Licensee and filed in the\n Collector's office.\nNote\nDistrict.......... Licence No.\n (For the group of shop).... Name of Licensee............ Area\n of Group............\nAnnual Minimum Guaranteed Quota of\n Group Quota: C.S. ...... No. of shops......... Quota:\n Spiced C.S No. of shops.......... Annual Licence\n fee.......... Monthly Licence fee.........\nBE it known that\n Sri/Ms........ resident of village/Mohalla........ PS........\n District......... State.......... is hereby authorised by the\n undersigned, Collector of........ district, to open........\n number of 'ON' shops (where consumption of liquor within the\n licenced premises is permitted) and .............. number of\n 'OFF' shops (where consumption of liquor within the licensed\n premises is not permitted) at the localities list of which is\n annexed, for the sale by Retail of Country Liquor including\n Spiced Country Liquor from...... to..... 31st March 20........\nIt is required by the holder of this licence, as\n a condition of its remaining in force that he/they duly and\n faithfully perform and abide by the Rules and general conditions\n as framed under the Bihar Excise Act, 1915 and the Bihar Excise\n (Settlement of licenses for the Retail Sale of Country/Spiced\n Country Liquor Rules, 2004, as well as the following conditions—\nI. That he/they pays to Government in advance as security, a sum equal to sixth of the annual Licence Fee in the following manner.....\n(a) 1/6th part of the annual Licence Fee immediately after the bid and\n(b) 1/12th the part of the annual Licence Fee either within ten days of the auction or before getting the licence, whichever is earlier.\nII. That he/they pays a monthly instalment equivalent to 1/12th part of the annual licence fee by the 20th of every month during the whole licensing period.\nIII. That spirituous liquors shall be brought for sale under this licence under proper pass issued by the Superintendent of Excise/Assistant Commissioner of Excise of the district concerned.\nIV. That he/they does not sell, under colour of this licence, any spirituous or fermented liquor, whether manufactured in India or imported, except country liquor, whether manufactured in India or imported, except country liquor/spiced country liquor duly supplied under condition III above.\nV. That he/they does not sell to any person at one time more than 1,200 litres except under a special pass granted by the Collector/Assistant Commissioner of Excise/Superintendent of Excise/Sub-Divisional Officer or other officers or a person duly authorised in that behalf.\nVI. That he/they does not sell, expose for sale, or keep in his possession spirit of strength other than those mentioned below and at a price above or below the one mentioned against each strength-\nKind of Liquor\nStrength\nFix\nPrice\nA.\nCountry Liquor\n60.0 U.P.\nPer bottle of 600 ml.\nCountry Liquor\n60.0 U.P.\nPer bottle of 300 ml\nAs notified from time to time\nCountry Liquor\n60.0 U.P.\nPer bottle of 150 ml.\nB.\nSpiced Country Liquor\n35.0 U.P.\nPer bottle of 600 ml\nSpiced Country Liquor\n5.0 U.P.\nPer bottle of 300 ml.\nSpiced Country Liquor\n35.0 U.P.\nPer bottle of 150 ml.\nVII. That he/they does not sell liquor on credit.\nVIII. That he/they does not mix with the spirit kept or sold in the shop any substance such as Kuchila, aconite, dhatura or any objectionable article such as tobacco, pepper or Kerosene oil intended to increase the intoxicating power of the liquor, increase thrust, and that all or part of the liquor shall be kept in sealed bottle, if required by the Collector.\nIX. That he/they maintains an ample supply of liquor of each prescribed strength/kind.\nX. That unless specially permitted by the Commissioner in the case of any particular strength, or in any particular area, he/they shall not reduce the strength of any country liquor including spiced country liquor issued, from any Excise Warehouse to a lower strength by the addition of water or by mixing with spirit of lower strength or by any means whatsoever.\nXI. That he/they does not sell or deliver any country liquor including spiced country liquor to any person apparently under the age of twenty one years whether for consumption by such person or by any other person, and whether for consumption 'ON' or 'OFF' the premises.\nXII. That he/they does not employ or permit to be employed in any part of his licenced premises, either with or without remuneration, any person under the age of twenty one years during the hours in which such premises are kept open for business.\nXIII. Premises licensed for retail vend of country liquor including spiced country liquor shall be kept open from 10.00 A.M. to 2 RM. and 3.00 RM. to 10.00 P.M. throughout the whole year, except shop closure days.\nXIV. (a) There shall be a separate enclosed shed attached to the shop for 'ON' consumption of liquor, which shall be hidden from the public view. The shops shall be thoroughly cleaned and swept before and after sale hour. The shed shall also occasionally, but not less than twice a month, be washed with phenyl and sprayed with DDT. The responsibility for this will be with the licensee. No. consumption of liquor in or near the sale counter shall be allowed.\n(b) The approach to the shop shall be kept neat and clean. At brisk sale hours, queue system for delivery of liquor to consumers from the sale counters shall be encouraged.\n(c) Within the shop itself, there shall be separate store-room where stock of liquor shall be kept sealed. Each strength/kind of liquor shall be separately kept well arranged.\n(d) Separate urinal and septic latrine shall be provided for use of consumers at distances away from the 'ON' shops. The urinal and latrine shall be kept clean and in hygienic conditions.\n(e) there shall be a separate stall on a raised platform with enclosure for sale of 'chats' and snacks in cases of 'On' shops. These eatables should conform to the Public Health Standards and Rules, and shall be subject to inspection by officers of the Public Health Department.\n(f) The provision for avoiding drunkenness in the shop premises of 'ON' shop shall be rigidly enforced.\n(g) The premises of 'ON' shops shall be well lit and ventilated.\nXV. That he/they will have to lift 1/12th of-\nThe Annual Minimum Guaranteed Quota by the end of last working day of every month, and subject to the provisions of Rule 25 of The Bihar Excise (Settlement of licences for retail Sale of Country/Spiced Country Liquor) Rules, 2004.\nXVI. (i) That he/they will obtain pass for lifting of liquor including spiced country liquor from liquor warehouse, from the office of the Superintendent/Assistant Commissioner of Excise of the district, after depositing the issuance fee for the quantity to be lifted.\n(ii) The rate of issuance fee will be determined from time to time by the Board of Revenue, and this rate may be different for the monthly minimum guaranteed quantity and the quantity lifted beyond the same.\n(iii) In addition to issuance fee mentioned above, he/they will have to pay that price of liquor to the liquor warehouses, the rate whereof shall be determined from time to time by the Board of Revenue.\nXVII. The period of the licence is extendable subject to Rule 4(2) of the Bihar Excise (Settlement of licences for retail Sale of Country/Spiced Country Liquor) Rules, 2004. The licence fee and the Minimum Guaranteed Quota for the extended period shall be as per the directions issued from time to time by the Excise Commissioner and shall be binding on the licensee.\nXVIII. The licensee shall keep and maintain the daily account register of stock and sale of sale of each strength/kind of liquor in each shop of the group. The account register shall be duly certified by the Assistant Commissioner or Excise Superintendent of Excise of the district concerned.\nXIX. That the conditions of the Sale Notification shall be deemed to be the conditions of this licence to the extent they are applicable.\nN.B.\n(i) Second day of Every Month (ii) Republic Day (26th January) (iii) Independence Day (15th August) (iv) Birthday of Mahatma Gandhi (2nd October) (v) Mahavir Jayanti (vi) Ram Navami (vii) Budh Jayanti (viii) Durga Puja (Dasmi) (ix) Id-ul-Fitr (x) Muharrum (xi) Holi (xii) Dipawali.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 65
        }
    ],
    "metadata": {
        "Act ID": "bh233",
        "Act Number": "Published vide Notification Bihar Gazette (Extra-ordinary) dated 24th May, 2006",
        "Enactment Date": "",
        "Act Year": "2004",
        "Short Title": "The Bihar Excise (Settlement of Licences for retail sale of Country/Spiced country liquor) Rules, 2004",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}