- 1. Short title extent, commencement and application. -
- 2. Definitions. -
- 3. Lease of right to sell Indian Made Foreign Liquor and Foreign liquor. -
- 4. Establishment of shops. -
- 5. Auction Notice. -
- 6. Declaration etc. -
- 7. Entry Pass. -
- 8. Person not eligible to participate in auction. -
- 9. Benami tenders not allowed. -
- 10. Disqualification. -
- 11. Officers authorized to conduct auctions. -
- 12. Lease Amount to be offered in tenders. -
- 13. Auction of shop. -
- 14. Submission and Finalization of tenders. -
- 15. Removal of certain persons from the place of the auction. -
- 16. Signature in the register. -
- 17. Auction Purchaser shall obtain a licence. -
- [18. Payment of the lease amount by the Auction Purchaser. -
- 19. Other requirements. -
- 20. Re-auction in case of failure to deposit moneys. -
- 21. Sale by outlets of A.P.B.C.L and the Distillery/Brewery licence holders. -
- [22. Counter Part agreement. -
- 23. Commencement of lease. -
- 23A. Bar on claim of renewal. -
- 24. Death of auction purchaser. -
- [25. Period of the lease and commencement of business. -
- 26. Issue of licence. -
- [26A. Application for grant of permit room. -
- [26B. Grant of permit room licence.
- 27. Selection of premises. -
- [27A. Licence Fee for permit room. -
- 28. Transport permit. -
- 29. Sale permitted at the licensed premises only. -
- [29A. Godown licence for storage of I.M.F./IL in Form A4 (G). -
- 30. Licence to be exhibited. -
- [31. Hours of Business. -
- 32. Dry Days. -
- 33. Lease holder not to declare any person to be or not to be his partner. -
- 34. Lease holder not to stock unauthorized Indian Made Foreign Liquor and Foreign Liquor . -
- 35. The lease holder not to stock Indian Made Foreign Liquor and Foreign Liquor at unauthorized place. -
- 36. Lease holder to sell Indian Made Foreign Liquor and Foreign Liquor of specified strength. -
- 37. Indian Made Foreign Liquor or Foreign Liquor not to be adulterated. -
- 38. Adultarated Indian Made Foreign Liquor and Foreign Liquor to be seized.
- 39. I.L.&F.L. shall not be given or sold to certain persons. -
- 40. Bottles for sale to carry labels. -
- 41. Sale of oonly duty paid Indian Made Foreign Liquor and Foreign Liquor . -
- 42. Maximum Retail Price. -
- 43. Harbouring of certain persons prohibited. -
- 44. Employment of servants. -
- [45. Intimation to Excise Officer. -
- 46. Consignments to be opened only in the presence of the excise officer. -
- 47. No breakages or losses in transit allowed. -
- 48. Lease holder to maintain accounts. -
- 49. Lease holder to maintain brand-wise accounts. -
- 50. Entries in the daily accounts register. -
- 51. Statements of accounts to be furnished. -
- 52. Monetary transactions with officers prohibited. -
- 53. Officers authorised to inspect premises. -
- 54. Inspection book to be maintained. -
- 55. Licence to be surrendered to the Prohibition and Excise Superintendent on expiry. -
- 56. Lease holders to abide by the provisions of the Act etc. -
- 57. Suspension, withdrawal or cancellation of a lease, licence or permit. -
- [58. Stocks on cancellation of a lease or licence. -
- [58A. Stocks on withdrawal of lease or licence. -
- 59. No remission for closure. -
- 60. Removal of difficulties. -
Ref: G.O. Ms. No. 998, Rev (Ex II) Department, dated 24.5.2005
1. Short title extent, commencement and application. -
1. These rules may be called the Andhra Pradesh Excise (Lease of right of selling by shop and conditions of licenses) Rules, 2005.
(2) They shall extend to all the areas where the Andhra Pradesh Excise Act 1968 (Act 17 of 1968) is in force.
(3) They shall come in to force at once.
(4) These rules shall apply for the grant of privilege by shop, conditions governing thereof and transport of Indian made foreign liquor and foreign liquor by such lease holder.
2. Definitions. -
1. In these rules unless the context otherwise requires,
(a) "Act" means Andhra Pradesh Excise Act 1968 (Act 17 of 1968)
(b) "Auction" means grant of lease by way of inviting sealed tenders from the public.
(c) "Auctioning authority" means the officer authorized to conduct auction and call for tender under rule 11.
(d) "Auction purchaser" means the person whose tender is accepted by the Aunctioning authority.
(e) "Dry day" means a day on which no liquor shall be sold in the licenced premises.
(f) "Excise Adhesive Label" means the label design and approved by, printed and supplied by under the supervision and control of the Commissioner of Prohibition and Excise, Andhra Pradesh, Hyderabad from time to time in difference forms for the purpose of its affixture to sealed of different varsities and sizes containing liquor.
(g) "Foreign liquor" means every liquor imported into India other than the Indian liquor.
(h) "Form" means a form appended to these rules.
(i) "Highest tenderer" means a person who offers the highest lease amount by tender.
(j) "High way" means a National High Way or a State High way but shall not include the part of the National High Way or State High way which passes within the limits of a Municipal Corporation, [Municipality] or the Gouthan in any village or Panchromatic area.
(k) "Indian Made Foreign Liquor" means liquor produce manufactured or compounded in India after the manner of Gin, Brandy, Whisky or Rum imported from foreign countries and includes wine and beer and milk punch and other liquors consisting of or containing any such spirits but does not include foreign liquor.
(l) "Lease amount" means the amount payable in respect of a shop as part of sum in consideration of the grant of lease payable under section 23 read with section 17 of the Act.
(m) "Lease Period" means the actual lease period in the lease year or part thereof.
(n) [***]
(o) "Licence" means a licence issued to the lease holder under these rules.
(p) "licenced premises" means where I.L and F.L is permitted to be sold by the lease holder.
(q) "Maximum Retail Price" (MRP) means the price indicated by the Andhra Pradesh Beverages Corporation Limited or any other agency authorized by the Government for declaration on in each variety of label by the manufacturers of Indian Made Foreign Liquor as required under section 39 of Standards of weights and measures Act 1976 read with clause (r) of rules 2 of the standards of weights and measures (packaged commodities) rules, 1977.
(r) [***]
(rr) "Permit Room" means a privilege granted under these rules in form A-4(B) to a holder of license in form A-4 to allow consumption of Indian Made Foreign Liquor and Foreign Liquor in separate permitted premises adjacent to the A4 licence premises by the customers who purchased such Indian Made Foreign Liquor and Foreign Liquor from the A4 lincesee.
(s) "Population" means the figure of population as officially published in latest census.
(t) "shop" means a privilege granted under these rules for sale of Indian Made Foreign Liquor or Foreign liquor in sealed or capsuled bottles or packages or tins to an individual in quantities not exceeding the limits as prescribed without permitting consumption in the licensed premises.
(u) "sealed" in relation to the bottles containers or other receipts means closed with a capsule and wrapped by wire or closed with a cork or lid and wrapped with a lining around it.
(v) "tenderer" includes his power of attorney holder
(w) "Transport Permit" means a permit issued by the competent officer for the transport of Indian liquor and Indian Made Foreign Liquor from the Andhra Pradesh Beverages Corporation Limited Depot to the licenced premises.
(2) The words and expressions used but not defined in these rules shall have the meaning assigned to them in the Andhra Pradesh Excise Act 1968 (Act 17 of 1968) and Andhra Pradesh Excise (Import, Export and Transport of Indian Made Foreign Liquor and Foreign Liquor- Permits) Rules, 2005.
3. Lease of right to sell Indian Made Foreign Liquor and Foreign liquor. -
Subject to the provisions of these rules the grant of lease of right to sell Indian Made Foreign Liquor and Foreign liquor by the shop shall ordinarily be granted by inviting sealed tenders from the public after due notification. The lease shall be for a period of [two years or part thereof:]
Provided that where the Commissioner of Prohibition and Excise considers it expedient to grant the lease of right to sell Indian Made Foreign Liquor and Foreign liquor by shop in any other manner, he shall for the reasons to be recorded in writing, do so.
4. Establishment of shops. -
The Commissioner of Prohibition and Excise, Andhra Pradesh, Hyderabad having due regard to requirement, public order, health, safety and other factors as he thinks fit, may fix the number of shops to be established in an area/locality before the publication of the auction notice under rule 5.
5. Auction Notice. -
(1) Where it is proposed to grant the lease for sale of Indian Made Foreign Liquor and Foreign Liquor by shop a notice of the proposed auction containing the particulars mentioned in sub rules 2 shall be published at least (7) seven in advance of the date of auction by the Collector of the District in the District Gazette or in such other manner as the Collector may deem fit.
(2) The auction notice shall contain the following particulars.
i. S.No. And the name of the area/locality where the shop will be established.
ii. The last date, time and place for receipt of tenders.
iii. The place of auction with time and date.
iv. The conditions govern the auctions.
v. the lease period and
vi any other matter which may be considered necessary by the auctioning authority.
6. Declaration etc. -
A tenderer shall submit the following attached to the exterior of the sealed tender.
(i) a declaration in Form A-1 made on non judicial stamp paper of the requisite value as per the provisions of the Indian Stamp Act 1889 and attested by the Mandal Revenue Officer or the Gazetted Officer of the Proh. & Excise Department under his official seal.
(ii) A duly notarized affidavit in Form-A2 made on non judicial stamp paper of the requisite value as per the provisions of the Indian Stamp Act 1889 containing the particulars of his own immovable property and the present market value thereof and encumbrances existing if any disclosing all necessary particulars thereof for an amount not less than [5 lakh rupees]
(iii) a declaration in Form A-3 made on non judicial stamp paper of the requisite value as per the provisions of the Indian stamp Act 1889 attested by the Mandal Revenue Officer or the Gazetted officer of the Proh. & Excise Department, declaring that he is not disqualified under any of the provisions of rule8,
7. Entry Pass. -
No persons other than the officers on duty and persons duly authorized by the auctioning authority shall enter the place of auction without presenting an entry pass which will be issued to the tenderer who have already filed tenders.
8. Person not eligible to participate in auction. -
The following persons shall not be eligible to participate in the auction,
(a) A person who is below the age of 21 years.
(b) A person who has been convicted an offences specified in clause (d) of sub section (1) of section 31 of the Act in respect of which he has been penalized or convicted within the preceding three years.
(c) A person who has been convicted or whose license has been cancelled for breach of any of the conditions of license granted under 31 of the Act within the preceding three years.
(d) A person who has been held guilty in a departmental proceeding or in a court, of an offence under section 37 of the Act for adulteration of toddy by mixing any article injurious to public health or otherwise within the preceding three years.
(e) A person who is suffering from any contagious.
(f) A person who is a defaulter of excise revenue or
(g) A person who is adjudged as an insolvent by a competent court.
9. Benami tenders not allowed. -
No person shall submit tender on behalf of any other person unless he holds a power-of -attorney from such person.
10. Disqualification. -
(1) No lease shall be granted to a person who is found ineligible under rule 8 and who does not comply with the conditions prescribed under rule6.
(2) IF any person who is disqualified under this rule he is found to be holding a lease, the license there of shall be withdrawn in accordance with section 32 of the Act and the lease shall be re-auction.
Provided that if such disqualification, comes to the notice of of the auctioning authority before the lease is granted but after the tender is accepted, the auctioning authority may accept the next highest tender if it is above the upset price or conduct re-auction as the case may be.
11. Officers authorized to conduct auctions. -
The Collector shall be the auctioning authority.
Provided that the Commissioner or the Collector may in his description authorize the Deputy Commissioner of Proh. & Excise or any other officer of the Proh. & Excise Department not below the rank of Proh. & Excise Superintendent, to conduct auctions and accept tenders. Provided further that Commissioner of Proh. & Excise may authorize any Collector to conduct auctions and accept tenders in more than one district.
12. Lease Amount to be offered in tenders. -
Lease amount shall be offered in the tender for the lease period in respect of [a shop put up] for auction as notified.
They shall also furnish Form A-1 declaration and Form A-2 affidavit and Form A-3 declaration in accordance with the auction notification, which should be attached to the exterior of the sealed tender.
13. Auction of shop. -
1. Right to sell Indian Made liquor and Foreign liquor may ordinarily be auctioned shop wise as notified in the District Gazette.
2. The Commissioner may withdraw any shop from the auction before the auction is commenced.
[3. The auctioning authority may, for sufficient cause, adjourned the auction or the postpone the date of auction or cancel the auction of a shop as may be necessary.]
[Provided that the auctioning authority for the reasons to be recorded in writing, may advance the date of auction which is postponed under sub rule (3), subject to the conditions that the number of days between the date of notification and date of such advanced auction shall not be less than 7 days.]
14. Submission and Finalization of tenders. -
(1). The tenders shall be submitted by the tenderer in a sealed envelope addressed to the auctioning authority on or before the last date and time notified for receipt of tender along with the following particulars.
(i) Name of the tenderer and his father's name and renderer's address.
(ii) S.L. No. in the Gazette, name of the area/locality of the shop for which he has offered his tender.
(iii) Least amount offered for the lease period in figures as well as in words.
(iv) Challans [or Demand Draft obtained from a Scheduled Bank drawn in favour of the Commissioner of Prohibition and Excise or the Auctioning Authority] [***].
Provided that the non refundable application fee which was remitted by the applicant in response to the notifications issued in furtherance of the per G.O.Ms No.184, Rev. (Ex II) 07-02-2005), will be adjusted towards the participation fee, if such applicant filed tender in the auctions for the lease year 2005-06.
(2) The close envelope contain the tender shall be super scribed with the words " Tender for the lease of right for the [lease period 200- 200-] to sell Indian Made Foreign Liquor and Foreign liquor by shop at ----------- S.No. Of the Gazette, Name of the locality/area). The tenderer may obtain acknowledgment for the envelope presented.
(3) Every tender shall be taken in to consideration if it is presented on or before the prescribed date and time and no tender shall be received after the presenting date and time notified by the auctioning authority.
(4) The auctioning authority may if he so desires first announce at the commencement of the auction, the names of persons and the number of persons who had sent tenders for a particular shop.
(5) The tenderer at the time of auction shall be required to furnish as earnest money a sum equal to [5%] of the upset price fixed and notified by the auctioning authority for each shop notified for auction, in the form of Demand Draft(s) obtained from a scheduled bank in favour of auctioning authority or in favour of Commissioner of Proh & Excise, before opening the tender. If, the tenderer does not furnish earnest money such tender shall be forthwith rejected by the auctioning authority before opening the sealed tenders offered for that shop.
(6) The auctioning authority shall open the sealed tenders for each shop [the rest of the tenders shall be rejected] notified for auction. The highest tender may accepted with lease amount offered, is higher than the upset price notified and the rest tenders shall be rejected.
Provided that when on the opening of the sealed tenders it is found that two or more tenderer have quoted the same highest amount, the successful auction purchaser among such tenders shall be selected by drawl of lots.
Provided that with the highest tender is less than the upset price notified, the auctioning authority may provide an opportunity to the highest tenderer to increase his offer to an amount higher than the offer and accept the offer. If the highest tenderer is not willing to increase his offer, to an amount higher than the upset price, the second highest tenderer may be given a similar opportunity. If both the tenderer are not willing to increase the offer, to an amount higher than the upset price, all the tenders in respect of that shop shall be rejected and shall be put to re-auction.
Provided that in the case of a person whose tender for a shop is not accepted, the earnest money deposited by him in respect of such tenders shall, if he so desires, be treated as earnest money for other shop at the same auction.
Provided further, that if the auctioning authority considers that the auction should be postponed for a future time and date for any reason he may do so without opening the tenders.
Provided also that it shall be open to the auctioning authority to refuse to knock down the auction in favour of the highest tenderer if such authority is satisfied after a perusal of the affidavit or on the basis of any other information that such tenderer cannot reasonably expected to discharge his or her liabilities in terms of the lease.
[Provided also that where the highest tender is not accepted the auctioning authority shall record the reasons thereof.]
(7) The auctioning authority, may by order reject any tender on the ground that the tender is of benami in nature or that there is collusion among the tenderer who participated in the auction for the lease of any shop.
(8) After rejecting, the highest tender, the auctioning authority may either accept the next highest tender if it is higher than the upset price or dispose off the shop afresh at any subsequent notified auction as the case may be.
(9) No person shall be entitled to obtain the lease of more than one shop. In the event of a person being successful auction purchaser of a shop, all the other tenders filed by him in respect of any other shop/shops shall automatically become invalid.
15. Removal of certain persons from the place of the auction. -
When it comes to the notice of the auctioning authority any person at the place of auction and during the time of auction, behaves or acts in a disorderly or riotous manner or in such other manner as it is likely to cause loss to the Government or forbids any person from participating, the auctioning authority may cause his removal from the place of auction.
16. Signature in the register. -
Every person whose tender has been accepted shall sign his name or affix his thumb impression against the relevant entry in the register maintain for the purpose. The auctioning authority shall also obtain the signature of the next two highest tenderers in a separate register maintained for the purpose.
17. Auction Purchaser shall obtain a licence. -
The successful auction purchaser shall obtain licence in form A4 after fulfilling the required formalities, and subject to rules in respect of the premises where the shop will be located.
[18. Payment of the lease amount by the Auction Purchaser. -
The lease amount shall be paid in Six equal instalments. The auction purchaser shall pay the first instalment sum equal to 1/6th of the lease amount for the shop on the day of the auction immediately after acceptance of the tender. The Demand Draft(s) furnished by the auction purchaser as earnest money may be adjusted towards the above. In case of failure to remit 1/6th of the lease amount on that day the shop shall be allotted to the next highest tenderer if the tender amount is equal to or higher than the up-set price or be re-auctioned as the case may be. In the event of re-auction, if it results in monetary benefit to the Government, the original auction purchaser shall have no claim over it. If it results in monetary loss due to allotment to the next highest tenderer or re-auction or the right remain unsold for want of tenderers, the original auction purchaser shall be liable to pay to the Government the resultant loss.]
19. Other requirements. -
[(1) The auction purchaser shall submit two fixed deposit receipts or Bank Guarantees in Form A-5, each equal to 1/6th of the lease amount, valid upto 5 months and 9 months respectively issued by a Scheduled Bank situated in Andhra Pradesh within fifteen days of knocking down of the shop in his favour and obtain the licence. Before the auction purchase obtains the licence he shall also show his immovable property (in Form-A(2) and sureties (In Form-A2S) as Security put together to a minimum of ½ of the lease amount.
"Provided that the auctioning authority may, at his discretion, for valid genuine reasons that may be recorded in writing, grant extension not exceeding seven working days to the successful auction purchaser for submission of Fixed Deposit Receipts or Bank Guarantees in Form- A5, and to obtain the licence.]
(2) The licensee shall remit 2nd instalment sum equal to 1/6th of the lease amount, on or before 20th October and furnish a fresh bank guarantee for 1/6th of the lease amount valid for 9 months. The licensee shall remit 3rd instalment sum equal to 1/6th of the lease amount on or before 20th February and furnish a fresh bank guarantee for 1/6th of the lease amount valid for 9 months. The licensee shall remit 4th instalment sum equal to 1/6th of the lease amount on or before 20th June (of the 1st year of the lease period) and furnish a fresh bank guarantee for 1/6th of the lease amount valid for 9 months. The licensee shall remit 5th instalment sum equal to 1/6th of the lease amount on or before 20th October (of the 2nd year of the lease period) and 6th instalment on or before 20th February (of the 2nd year of the lease period).
(3) In case of default in payment of any instalment, the fixed deposit receipt, or the Bank Guarantee amount shall be adjusted against the instalments of lease amount on the due dates.
(4) All interest accruing on fixed deposit receipts shall vest in the Government and may be adjusted towards Government dues including interest, if any outstanding against the auction purchaser and if there be no such dues it shall be refunded to the auction purchaser at the end of the lease period.
20. Re-auction in case of failure to deposit moneys. -
(1) In case of failure to pay the 1/6th of the lease amount and/or furnish the F.D.Rs or B.Gs as required under rule 19 within the time specified the auction shall be cancelled by the auctioning authority and amounts already paid shall be forfeited to the Government and the right of sale may be given to the next highest tenderer if the tender amount is equal to or higher than the upset price or re-auctioned as the case may be or alternative arrangements made at the risk of the original auction purchaser who shall continue to be liable in respect of the lease till the next auction purchaser takes over.
(2) If the re-auction or the other arrangements results in monetary to the government the original auction purchaser shall have no claim over it. But if it results in monetary loss, or if the right remains unsold for want of takers, the original auction purchaser shall be liable to pay to the government the resultant loss.
(3) The provisions of the sub rules (1) and (2) shall apply in relation to the auction purchaser in any re-auction mutatis mutandis as they apply in relation to the auction purchaser in an original auction.
21. Sale by outlets of A.P.B.C.L and the Distillery/Brewery licence holders. -
(1) The auctioning authority with the approval of the commissioner of Proh.& Excise may permit the APBCL [or a holder of a Distillery Brewery licence under the Act] or a holder of distillery /brewery licence under the Act to open outlets for the sale of IMFL and FL in such areas/localities where privilege of sale by shop could not be disposed off in the auction or when a lease already granted is cancelled and the same could not be re-auctioned for any reasons.
(2) The Commissioner of Proh.& Excise may permit the APBCL [or a holder of a Distillery Brewery licence under the Act] or a holder of a Distillery/Brewery licence under the Act to open the outlets for the sale of IMFL and FL in any where in the state whenever he deems necessary in public interest.
[22. Counter Part agreement. -
After tendering the deposit and advance amount it shall be the duty of the lessor and auction purchaser to execute a counter part agreement in conformity with the tenor of the lease in Form A-6 on the stamp paper of the requisite value as per the provisions of the Indian Stamp Act 1899, before taking out a licence for the sale of Indian Made Foreign Liquor and Foreign Liquor.
The counter part agreement shall come into force w.e.f. the 1st July, of the 1st year of the lease period to which the auction relates in respect of leases auctioned on or before the above said 1st July, and in case where the auction takes place after the 1st July, of the 1st year of the lease period, the counter part agreement shall come into force from the date of auction and valid for the left over part of the lease period.]
23. Commencement of lease. -
The lease for the sale of Indian Made Foreign Liquor and Foreign Liquor granted to the auction purchaser shall not take effect until he obtains a licence from the Prohibition and Excise Superintendent. It shall be the responsibility of the auction purchaser to execute the counter part agreement referred to in rule 22 and also complete other formalities contemplated in Rules 17, 18 and 10 within the time specified and obtain a licence in respect thereof, if the auction purchaser fails to do so the said lease shall stand cancelled.
23A. Bar on claim of renewal. -
No person to whom a lease has been granted under these rules shall have any claim to the renewal of such lease.
24. Death of auction purchaser. -
If the auction purchaser dies after the acceptance of his tender or during the currency of the lease for sale of Indian Made Foreign Liquor and Foreign Liquor by shop, his heirs shall be entitled to grant of lease or to hold the lease as the case may be after complying with the provisions of the rules in regard to the execution of counter part agreements and deposits. If the heirs do not intend to hold the lease, they shall within fifteen days from the date of the death of the lessee communicate in writing there unwillingness to the Prohibition and Excise Superintendent of the district. In such case the auctioning authority or the Prohibition and Excise Superintendent shall make alternate arrangements or re-auction the lease and any loss of revenue sustained by the government in such a case shall be recoverable as arrears of Land Revenue from the property of the original auction purchaser.
[25. Period of the lease and commencement of business. -
(1) Every lease shall, ordinarily, be valid for two years commencing from 1st July of the 1st year of the lease period.
Provided that the lease granted after 1st July of the 1st year of the lease period, shall be valid for the remaining part of the lease period. Provided further that a lease granted for a part of a lease period shall be for such period as may be specified by the auctioning authority.
Provided further that every lease holder shall commence his business from 1st July of the 1st year of the lease period or such other date as may be specified in the licence and shall keep the licensed premises open every day during the hours fixed till the expiry of the terms of the lease, with sufficient stock of liquor unless the closure of the licensed premises is ordered by the competent authority for the period specified.]
26. Issue of licence. -
The Prohibition and Excise Superintendent [Concerned] shall be competent to issue the licence once the lease is granted by the auctioning authority. The Prohibition and Excise Superintendent shall issue the licence in the prescribed Form A-4.
[26A. Application for grant of permit room. -
The holder of the licence in the Form A-4 may apply in A-4(A) application form to the Prohibition and Excise Superintendent for grant of permit room in Form A-4(B).]
[26B. Grant of permit room licence.
The Prohibition and Excise Superintendent after receipt of the application in Form A-4(A) and after satisfied that the premises selected is in accordance with the rules, grant licence in Form A-4(B) after receipt of prescribed licence fee; Provided that the holder of A-4(B) licence shall not be permitted to serve liquor in loose and food to the consumers.]
27. Selection of premises. -
(1) The successful tenderer subject to the approval of the Prohibition and Excise Superintendent shall select suitable premises for sale of IL and FL within the Municipal Corporation, Municipality, village/town/city or area/locality as the case may be as notified in the District Gazette. It shall be at least 100 meters away from the places of Public worship, Educational institutions, Hospitals and 50 meters [***] away from the High Ways.
Explanation. - For the purpose of this rule:-
(a) "Place of public worship" means a temple registered with endowment department, Masque, registered with wakf board and church and includes such other religious institutions as the State government may by order specify in this behalf;
(b) "Educational institutions" means any primary schools, middle schools and High school recognized by the state government or Central government, Junior College or any College, affiliated to any University established by law:
[(c) "High way" means National High Way or State High Way and shall not include the part of the National High Way or State High Way which passes within the limits of Municipal Corporation, Municipality or the Gowthan in any village or panchayat area;]
(d) "Hospital" means any hospital which is managed or owned by a local authority, State Government or Central Government or any Private Hospital having a provision of at least thirty (30) beds.
[(2) The holder of license in Form A-4 may be permitted to have a permit room in Form A-4 (B) located in a place whose population is 5,000 and above.
Provided that no such permit room will be granted in Municipal Corporations and within a belt area of 5 KMs from the periphery of such Municipal Corporations, Municipalities and within a belt area of 2 KMs from the periphery of such Municipalities and in notified Tourism Centers.
Provided further that the premises selected for permit room must be adjacent to the existing A4 Licenced premises and it must have a minimum plinth area of 10 Sq. Mts with facilities of sanitary such as wash basin, water closet and drinking water.
Provided also that the selected premises is at least [1010 meters away] from the places of public worship, education institutions, high ways and hospitals"]
(3) The distances referred above shall be measured from the mid point of the entrance of the licenced premises along with the nearest path by which pedestrian ordinarily reaches to the mid point of the nearest gate of the institution or a place of public worship, if there is a compound was and if there si no compound was to the mid-point of the nearest entrance of the Institution /place of public worship.
(4) The boundaries o0f the premises shall be indicated in the licence.
(5) There shall be a singly door for entry and exit and sales shall be conducted without giving entry to the customers inside the premises.
[27A. Licence Fee for permit room. -
The holder of the license in form A-4 may be granted a Permit Room Licence in form A-4(B) after payment of Licence Fee of Rs.2,00,000/-.]
[Provided that the license fee for permit room may be calculate4d proportionately to the whole months of the licence period and a part of the month shall be reckoned as a whole month.
Explanation. - The License fee of [Rs. 2,00,000/-]]
28. Transport permit. -
The transport permit may be issued authorizing movement of Indian Made Foreign Liquor and Foreign Liquor within the State from the uhe units of the Andhra Pradesh Beverages Corporation Limited to the licensed premises. Such transport shall be governed by Andhra Pradesh Excise (Import, Export And Transport Of Indian Made Foreign Liquor And Foreign Liquor - Permits ) Rules 2005.
29. Sale permitted at the licensed premises only. -
(1) The lease holder shall sell the liquor only at the premises specified in the licence.
(2) No change or alteration of the licensed premises shall be made nor the licensed premises shifted elsewhere.
[(3) Shifting of the licensed premises may be permitted for valid reasons within the notified area and subject to conditions as my be specified by the Commissioner of Prohibition and Excise, subject to payment of 1% of the lease amount or Rs. 25,000/- whichever is higher.
Provided that the Commissioner may consider and permit for valid reasons shifting of the licensed premises, not withstanding the notified area of the licensed premise, within the same Mandal or Municipality, or Municipal Corporation without affecting the total number of Notified shops in the said Mandal or Municipality or Municipal Corporation subject to conditions as specified by the Commissionaire and subject to payment of 1% of lease amount or Rs. 25,000/- whichever is higher".]
[29A. Godown licence for storage of I.M.F./IL in Form A4 (G). -
(i) The holder of the Licence in Form A4 may apply in Form A-4 (AG) to obtain a godown licence for storage of Indian Made Foreign Liquor/Foreign Liquor in Form A-4G to the concerned Prohibition and Excise Superintendent.
(ii) The godown shall be located in a revenue village Municipality/ Municipal Corporation limits where the A-4 shop is located.
(iii) The licence shall remove or transfer any stock of I.MFL/Foreign Liquor from the godown to the A-4 shop for sale under valid transport permit issued by the Proh. & Excise Officer of the Prohibition and Excise Station having jurisdiction.
(iv) The license shall not sell or allow consumption in the licensed premises of the godown.
(v) The licensee shall not display the sign board or I.MFL in the licensed premises.
(vi) The Licence fee for the lease period for issue of Godown licence is Rs. 1,00,000/-]
[Provided that a Godown licence may be obtained for any period during the lease period and the licence fee for Godown licence may be paid proportionately for such period and a part of the month shall be reckoned as whole month".]
30. Licence to be exhibited. -
The proforma licence shall be exhibited in a conspicuous place in the licensed premises.
[31. Hours of Business. -
The lease holder shall transact business from 10.00 A.M to 11.00 PM only. The license of the Permit room shall allow consumption in the permit room during the hours of business of A4 licence.]
32. Dry Days. -
The Licensed premises shall be closed and no business transacted on the following days declared as dry days:-
(i) 26th January - Republic day,
(ii) 15th August - Independence day,
(iii) 2nd October - Gandhi Jayanthi.
Provided that the licensee shall not be entitled to any compensation whatsoever for the closure of the licensed premises.
33. Lease holder not to declare any person to be or not to be his partner. -
No lease holder shall, except with the prior permission of the Commissioner of Prohibition and Excise, get any other person included as partner to his business, or get an existing partner excluded;
[Provided that the Commissioner of Prohibition and Excise may after such enquiry as he may deem fit, permit the lease holder at his request, to get any person(s) included as partner(s) to his business or exclude any existing partner(s) other than the original auction purchaser on pay of a fee of ["2% of the lease amount or Rs. 50,000/- which ever is higher".]
34. Lease holder not to stock unauthorized Indian Made Foreign Liquor and Foreign Liquor . -
The lease holder shall not stock or sell in the licensed premises Indian Made Foreign Liquor and Foreign Liquor of any kind which he is not authorized to buy, stock or sell under the provisions of Act or Rules, Regulations or Orders made thereunder.
35. The lease holder not to stock Indian Made Foreign Liquor and Foreign Liquor at unauthorized place. -
The lease holder shall not stock Indian Made Foreign Liquor and Foreign Liquor in any place other than the licenced premises. The Lease holder shall be held responsible for any Indian Made Foreign Liquor and Foreign Liquor unauthorisedly kept outside or nearby the licensed premises.
36. Lease holder to sell Indian Made Foreign Liquor and Foreign Liquor of specified strength. -
The commissioner may, authorise the sale of any special brands of Indian Made Foreign Liquor of weaker strength in a particular area, in a particular category of liquor, if he is satisfied with the wholesomeness of purity of such liquor.
37. Indian Made Foreign Liquor or Foreign Liquor not to be adulterated. -
The Indian Made Foreign Liquor and Foreign Liquor offered for sale or stored in the licensed premises shall not be of substandard, deteriorated, spurious or adulterated and the licensee shall not tamper with the Indian Made Foreign Liquor and Foreign Liquor in any manner so as to alter their quality, strength, nature or quantity.
38. Adultarated Indian Made Foreign Liquor and Foreign Liquor to be seized.
It shall be competent for the inspecting officer, on finding any Indian Made Foreign Liquor and Foreign Liquor unfit for use, substandard, adulterated or spurious or in respect of which it is believed that some substance has been admixed so as to make it unfit for consumption by any process or manner, to stop it from being sold and to seize the same forthwith and take necessary further action as per rules.
39. I.L.&F.L. shall not be given or sold to certain persons. -
No liquor shall be sold or given to the following persons namely:-
(i) Lunatics;
(ii) Persons or believed to be in a state of drunkenness;
(iii) Persons about whom it is known or suspected that they are likely to participated in the commission of sedition, insurrection, breach of peace or any other similar offence threatening public peace and tranquility;
(iv) Soldiers in uniform and the camp servants of military officers in their uniform'
(v) Persons below (2(1) years of age.
40. Bottles for sale to carry labels. -
Every bottle of Indian Made Foreign Liquor and Foreign Liquor in a licensed premises shall carry Excise Adhesive Label on the cap of the bottle in addition to the manufacturer's label as approved by the Commissioner of Proh. & Excise.
41. Sale of oonly duty paid Indian Made Foreign Liquor and Foreign Liquor . -
(1) The lease holder shall sell only duty paid Indian Made Foreign Liquor and Foreign Liquor.
(2) The lease holder shall purchaser Indian Made Foreign Liquor and Foreign Liquor from the allotted depot of the A.P.BCL only on such terms as may be prescribed. However, the Commissioner of Proh. & Excise, may permit the lease holder to purchase the requirement of Indian Made Foreign Liquor and Foreign Liquor from any other Depot of the A.PBCL.
42. Maximum Retail Price. -
The lease holder shall sell Indian Made Foreign Liquor at prices not exceeding the Maximum Retail Price indicated on the labels of the bottles and issue bill to the customers accordingly.
43. Harbouring of certain persons prohibited. -
Persons, who are known or believed to have been convicted of any non-boilable offences, who [***] prostitutes and habitual offenders, shall not be employed nor shall they be allowed to assemble or remain in the licensed premises, and if such persons visit licensed premises the matter shall be forthwith reported to the nearest Police Station by the Lease holder.
44. Employment of servants. -
(1) No women shall be employed for sale of Indian Made Foreign Liquor and Foreign Liquor without the special permission of the Commissioner of Proh. & Excise. No male person shall be appointed for such a purpose without the prior permission of the Prohibition and Excise Superintendent and every such person whether male or female before being employed shall obtain from the Prohibition and Excise Superintendent, a Nowkarnama in form N-1 on payment of a fee of Rs. 100/-.
(2) No Nowkarnama shall be granted to the following persons:
(i) Persons below 21 years of age,
(ii) women,
(iii) Persons suffering from any infectious or contagious diseases,
(iv) Persons of unsound mind,
(v) Persons who in the opinion of the Prohibition and Excise Superintendent is of a bad character.
(vi) Persons whose Nowkarnama or licenses has previously been cancelled within the preceding three years.
(vii) Persons convicted of any offence under the Andhra Pradesh Excise Act, (Act No.17 of 1968) or the Narcotics Drugs and Psychotropic Substances Act, 1985 (Central Act 61 of 1985) within preceding three years.
(viii) Persons convicted under Section 482 to 489 of the Indian Penal Code, 1860 (Central Act 45 of 1860),
(ix) Defaulters in payment of an amount due to the State Government under the Andhra Pradesh Excise Act or the Rules made thereuder.
(3) All illegal things done in connection with the transport, possession or sale of Indian Made Foreign Liquor and Foreign Liquor or known to have been done in contravention of the provisions of the Act or the or the rules made thereunder by the servants of the Lease holder shall forthwith be reported to the Prohibition and Excise Superintendent, by the lease holder and such orders regarding continuance or otherwise of such servants in service as may be issued by the Prohibition and Excise Superintendent shall be carried out by the lease holder.
(4) Every act of the authorized agent or servant shall be deemed to be an act of the lease holder.
[45. Intimation to Excise Officer. -
The Excise Officer of Andhra Pradesh Beverages Corporation Limited depot shall mark a copy of the transport permit to the Prohibition and Excise Station officer and the Station officer shall inspect and verify the consignment within 3 days of the dispatch of the stock from the Andhra Pradesh Beverages Corporation Limited depot. If the consignment is not verified within the stipulated time mentioned in the rule the licensee can take the stocks into account and sell them.]
46. Consignments to be opened only in the presence of the excise officer. -
The lease holder shall open the boxes or packages of all Indian Made Foreign Liquor and Foreign Liquor received in the licensed premises only in the presence of and after inspection by the local excise officer or in his absence by any other excise officer duly authorised in behalf. If any box, packet, package or bottle is found doubtfully, carelessly or insufficiently sealed, the lease holder shall produce it forthwith before the Excise Officer for noting down such damages. The articles insecurely sealed or fastened may be returned by the lease holder to the consigner with the prior approval of the Commissioner of Proh. & Excise. The Commissioner of Proh. & Excise, may allow in such an event replenishment of stock without fresh payment of duty. The Commissioner of Proh. & Excise, shall be competent to relax the application of this rule in special circumstances.
47. No breakages or losses in transit allowed. -
The lease holder is not entitles as against the Government, of any compensation or refund or reduction of duty for any loo in breakage while stocks are in transit.
48. Lease holder to maintain accounts. -
The lease holder shall maintain full and day to day accounts of I.L &F.L. received and disposed of in Form R-1 the pages of which are machine numbered serially. He shall also maintain such other returns as may required by the Commissioner of Proh. & Excise, and he shall, for each month, send monthly statements and returns before the 5th of the following months in the forms as may fixed by the Commissioner of Proh. & Excise and Prohibition and Excise Superintendent and local Prohibition and Excise Inspector. All registers should be got authenticated before use by the Prohibition and Excise Superintendent.
49. Lease holder to maintain brand-wise accounts. -
The lease holder shall also maintain in the Daily Brand-wise account in Form R-2 and furnish a statement before 5th of each month to the Prohibition and Excise Superintendent and local Prohibition and Excise Inspector. The register shall be got authenticated by the Prohibition and Excise Superintendent before use and the pages machine numbered serially.
50. Entries in the daily accounts register. -
The lease holder shall enter in the register in Form R-1 the full particulars of transport permit of passes and documents or trip sheets pertaining to the stocks received by him.
51. Statements of accounts to be furnished. -
The lease holder shall furnish on requisition any statement of accounts, statistics or other particulars to the Prohibition and Excise Superintendent or to any other officer of the Prohibition and Excise Department not below the rank of a Prohibition and excise Sub-Inspector.
52. Monetary transactions with officers prohibited. -
Any kind of monetary transactions unconnected with the official purpose between the lease holder and the personnel of the Proh. & Excise, Police, Revenue Department and the personnel of the A.P.B.C.L is strictly prohibited.
53. Officers authorised to inspect premises. -
Any officer not below the rand of Prohibition and excise Sub-Inspector may enter and inspect the licensed premises during the working hours and inspect and verify all the accounts, registers and stocks. IT shall be competent for such inspecting officer to take such samples as might be necessary, or to take charge of such records and registers as might be necessary, and it shall be incumbent on the lease holder to offer reasonable assistance for such inspecting officers to inspect, verify and to take samples. For any records removed from the premises the Proh. & Excise officer should give a receipt or in the alternative make an entry in the inspection book in this regard.
54. Inspection book to be maintained. -
An inspection book in form IB-1 with machine numbered pages shall be kept in the shop for the use of the inspecting officers, and the lease holder shall be responsible for the safe custody of it. The inspection book shall be the property of the Government and shall be handed over to the Proh. & Excise officers concerned of the lease period.
55. Licence to be surrendered to the Prohibition and Excise Superintendent on expiry. -
Every license issued under these rules issued either jointly or severally to the lease holder(s) named therein and shall on its expiry be deemed to have been surrendered by the lease holders to the Prohibition and Excise Superintendent.
56. Lease holders to abide by the provisions of the Act etc. -
Every holder of the lease under these rules shall comply promptly with all orders or directions issued from time to time under the Act, and the rules and orders made thereunder and shall abide by all the conditions of the lease/permit.
57. Suspension, withdrawal or cancellation of a lease, licence or permit. -
A lease, licence or permit may be suspended, cancelled or withdrawn in accordance with the provisions of Section 31 or 32 of the Act. [The lease may be re-auctioned on cancellation or withdrawn.]
[58. Stocks on cancellation of a lease or licence. -
(1) If a lease or licence is cancelled on account of a criminal case during the currency of the lease period the whole stock of the I.M.F.L./F.L seized from the shop shall be confiscated.
(2) The stock so confiscated shall be sold by the Prohibition and Excise Superintendent to any lease holder and the sum so realised shall be credited to the Government.]
[58A. Stocks on withdrawal of lease or licence. -
If a lease or licence is withdrawn during the currency of the lease period under sub-section 1 of section 32 or clause (e) of sub-section(1) of 31 of the Act, the whole stock of the I.M.F.L./F.L found in the shop shall be seized and seized stock shall be sold by the Prohibition and Excise Superintendent to any other lease holder and the proceeds of the sale shall deduction of the expenses and other sum due to the Government shall be refunded to the lease holder.]
59. No remission for closure. -
The lease holder shall not be entitles for remission of lease amount or compensation on account of closure of licensed premises when the same is ordered to close under Section 20 of the Act.
60. Removal of difficulties. -
If there is any doubt or dispute regarding the application or interpretation of any of these rules, the decision of the Commissioner of Proh. & Excise, thereon shall be final.
