1.
G.O.Ms.No.372, Revenue (Ex-II) Department, dated, 22-08-2019.
2. The
A.P. Ordinance No.6 of 2024, dated. 30-09-2024
3. From
the Director, Prohibition & Excise, A.P., Vijayawada in C.R.No.2906/2024/CPE/E3,
Dated: 30.09.2024.
1. Short title, extent, commencement and application:
2. Definitions: -
(a) "Act" means the Andhra Pradesh Excise Act, 1968 (Andhra Pradesh Act 17 of 1968).
(b) "APSBCL" means the Andhra Pradesh State Beverages Corporation Limited.
(c) "Dry day" means a day on which no liquor shall be sold in the Licenced premises.
(d) "Geeta Kulalu" shall mean the castes specified by the BC Welfare Department, Government of Andhra Pradesh for this purpose.
(e) "Holographic Excise Adhesive Label" means the label designed and approved, printed and supplied under the supervision and control of the Commissioner of Prohibition and Excise, from time to time in different forms for the purpose of its affixture to sealed bottles of different varieties and sizes containing liquor.
(f) "Foreign Liquor", referred to as "FL", means every liquor imported into India, other than the Indian Made Foreign Liquor.
(g) "Form" means a form appended to these Rules.
(h) "Government" means the State Government of Andhra Pradesh.
(i) "Highway" means a National highway or a State highway as notified by the competent authority.
(j) "Indian Made Foreign Liquor", referred to as "IMFL" means Liquor produced, 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.
(k) "Licence" means a licence issued under these Rules.
(l) "Licensee" means holder of such licence.
(m) "Licensing Authority" means the District Prohibition and Excise Officer of the concerned place in which the Licenced Shop is located.
(n) "Licence period" ordinarily means the period of two years commencing from 1st October of the first year to 30th September of the second
year or part thereof.
(o) "Licenced premises" means premises where IMFL and FL are permitted to be sold by the Licensee.
(p) "Maximum Retail Price" (MRP) means the price indicated by the Andhra Pradesh State Beverages Corporation Limited or any other agency authorized by the Government for declaration on each variety of label by the Manufacturers / suppliers
of Indian Made Foreign Liquor or Foreign Liquor as required under Section 18 of Legal Metrology Act, 2009 read with clause (m) of Rule 2 of the Legal Metrology
(Packaged Commodities) Rules, 2011.
(q) "Model Store" is a Shop upgraded by a Shop Licensee on payment of prescribed Retail Excise Tax additionally with separate specifications providing customer entry into the store for selection of IMFL & FL and liquor related accessories.
(r) "Municipal Corporation, Municipality, Nagara Panchayat or Mandal" shall mean Municipal Corporation, Municipality, Nagara Panchayat or Mandal as defined in the latest Census.
(s) "Permit" means a permit issued under these rules.
(t) "Population" means the figure of population as officially published in the latest census.
(u) "Retail Excise Tax" means the annual Retail Excise Tax as notified by
the Government from time to time and includes proportionate Retail Excise Tax.
(v) "Scheduled Areas" means the Scheduled Areas notified under paragraph 6 of the Fifth Schedule of the Constitution of India.
(w) "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 on the Licenced premises.
(x) "Sealed" in relation to the bottles, containers or other receptacles means closed with a capsule and wrapped by wire or closed with a cork or lid and Wrapped with a lining around it.
(y) "Transport Permit" means a permit issued by the competent officer for transport of IMFL and FL from the A.P.S.B.C.L. Depot to the Licenced premises.
(2) The words and expressions used but not defined in these rules shall have the same meanings assigned to them in the Andhra Pradesh Excise Act, 1968 and Andhra Pradesh Excise (Import, Export and Transport of Indian Made Foreign Liquor and Foreign Liquor - Permits) Rules, 2005.
3. Grant of right to sell Indian Made Foreign Liquor and Foreign Liquor: -
(1) Subject to the provisions of these rules, the right to sell IMFL and FL in retail by Shop shall ordinarily be granted by way of licence issued after publishing a notification and inviting applications from the public.
(2) In the case of Shops located in Scheduled Areas, the right to sell IMFL and FL in retail by Shop shall be granted to local Scheduled Tribe candidates and in case there is no such applicant available it shall be granted to any other Scheduled Tribe candidate.
Provided that no Shop licence shall be issued in the Schedule Areas unless the Grama Sabha concerned gives its consent or is deemed to have given its consent to grant such licence to establish the Shop(s).
For the purpose of this proviso, a Grama Sabha shall be deemed to have given its consent to establish the Shop(s), if it fails to indicate its consent or otherwise for establishment of the Shop(s) in village concerned within (4) weeks of seeking the same.
4. Establishment of Shops:
5. Notification in the District Gazette: -
(i)
Serial number and name of the Mandal / Nagar Panchayat / Municipality / Municipal
corporation where the Shop(s) will be established.
(ii) In
the case of Shops to be located in Scheduled Areas, the same shall be separately
listed and numbered serially.
(iii) The
place of selection with time and date.
(iv) The
last date, time and place for receipt of applications.
(v) The
period of licence.
(vi)
Procedure of online / offline enrolment by the applicant(s) for registration
and submission of applications.
(vii) Any other matter which may be considered by the licensing authority necessary for information to the applicants.
6. Entry Pass: -
7. Persons not eligible to participate in the process of selection of applicants:
(a) A
person who is below the age of 21 years.
(b)A
person who has been convicted of any offences specified in clause(d) of subsection
(1) of Section 31 of the Act in respect of which he has been penalized or convicted
within the preceding ten years;
(c) A
person who has been convicted or whose licence has been cancelled for breach of
any of the conditions of licence granted under Section 31 of the Act within the
preceding ten years;
(d)A
person who has been held guilty either in a departmental proceeding or in a Court,
of an offence under Section 37 or 37-A of the Act for adulteration of toddy by
mixing any article injurious to public health or otherwise within the preceding
ten years.
(e)A
person who is a defaulter of excise revenue; or
(f) A person who is adjudged as an insolvent by a competent Court
8. Impersonation in filing applications not allowed:
9. Disqualifications: -
(1) No
licence shall be granted to a person who is found ineligible under Rule 7.
(2) If
any person, who is disqualified under this rule, is found to be holding a
licence, the licence shall be withdrawn in accordance with Section 32 of the
Act and the Shop shall be re-notified / re-allotted for grant of fresh licence.
Provided that if such disqualification comes to the notice of the licensing authority before the licence is granted but after the selection process is completed, the selection authority shall conduct the selection process afresh after eliminating the disqualified applicant.
10. Officers authorized to conduct the selection process:
Provided that the Commissioner of Prohibition and Excise may, in his discretion, authorize the Deputy Commissioner of Prohibition & Excise or any other officer of the Prohibition and Excise Department, not below the rank of a District Prohibition and Excise Officer, to conduct the selection process.
Provided further that the Commissioner of Prohibition and Excise may authorize any Collector to conduct the selection process in more than one district.
11. Submission of applications for enrolment for registration and selection for grant of licence: -
(a)The
applicant may submit any number of applications for any number of Shops for
participation in the selection process of Shop through online or offline mode.
(b)
Online model: In case the applicant opts for online mode for registration and
submission of application through online mode, He shall fill in Form-A3(A) as per
Rule 11 of Andhra Pradesh Excise (Grant of licence of selling by Shop and conditions
of licence) Rules, 2024. He shall select Gazette SI.No of the Shop notified in
a Unit (Municipal Corporation/ Municipality /Nagar Panchayat / Mandal) and pay
the Non-refundable application fee of Rs 2,00,000/- by way of Debit Card/Credit
card/Net Banking. On successful payment, the applicant may download the
documents in Form- A3(B), Registration certificate in Form-Rl and Entry Pass in
Form-El, which are system generated.
(c)
Hybrid Model: In case the applicant opts for on line mode for registration and submission
of application through online mode, he shall fill in Form-A3(A) as per Rule 11
of Andhra Pradesh Excise (Grant of licence of selling by Shop and conditions of
licence) Rules, 2024. He shall select the Gazette SI.No of the Shop notified in
a Unit (Municipal Corporation / Municipality / Nagar Panchayat / Mandal) and
select the payment mode as manual in CFMS. He shall take system generated
e-challan number and proceed to any State Bank of India (SBI) branch and make
payment of Rs 2,00,000/- towards Non-refundable application fee against the
system generated e-challan number (transaction number). After successful
payment, application will be confirmed by the System as completed and he can
download Form- A3(B), Form-Rl and Entry Pass in Form-El, which are system
generated.
(d)
Offline Model: In case the applicant opts for offline mode for registration and
submission of application through offline mode, he shall fill in Form-A3(A) as per
Rule 11 of Andhra Pradesh Excise (Grant of licence of selling by Shop and conditions
of licence) Rules, 2024. He shall select the Gazette SI. No of the Shop notified
in a Unit (Municipal Corporation / Municipality / Nagar Panchayat / Mandal) and
select the payment mode as offline. He shall pay Rs. 2 Lakhs towards Non-Refundable
Application Fee by way of Demand Draft drawn on a scheduled bank in Andhra
Pradesh in favour of the licensing authority. He shall enter the Demand Draft
number in the system. He shall note the application number which is system generated
and needs to go to Designated Center as per gazette notification and submit the
Demand Draft in original. After successful acknowledgement on payment, he can
download Form-A3(B), Form-Rl and Entry Pass in Form-El, which are system
generated.
In complete offline mode,
the Applicant can also directly go the notified Application Reception Centers
(Excise Station in the District) with his details. The staff on duty at the
counter will digitize the application after receiving of the DD drawn as
specified above and after verifying the DD, acknowledgement, Entry pass and
other system generated documents will be printed and provided to the Applicant.
SHOs of the concerned station will be responsible to receive genuine DDs and
safely hold till these are transmitted to Licensing Authority.
(2) The
applicant(s) shall also enclose the following along with the application:
(i) Two
recent passport size photographs along with photostat copy of Voter ID Card / Driving
Licence / Passport / Bank Passbook / AADHAR card / Any other government
approved Identity Card.
(ii)
Scheduled Tribe Certificate and local Scheduled Area Residence Certificate (only
in respect of local S.T. candidates applying for Shops in Scheduled Areas).
(iii)
Caste Certificate and Residence Certificate in respect of applicants filing applications
for the Shops reserved under Sub-Rule (3) of Rule 3.
(3) The
online / offline modes of registrations and submission of applications referred
to above shall be specified in the District Gazette concerned along with
details of Designated Centers and the applicants shall follow the procedure
prescribed therein.
(4) The
Authorised Authority after due verification of the documents submitted by the
applicant as laid down under sub-Rule (2) may issue Registration Certificate in
Form-Rl (system-generated) and Entry Pass in Form- El (system-generated) to the
applicant in Off-line mode.
(5) The
applications not accompanied by the relevant documents / enclosures specified
under sub-rule (2) shall be forthwith rejected by the Selection Authority.
(6) Every
application shall be taken into consideration if it is presented on or before the
prescribed date and time and no application shall be received after the
prescribed date and time notified by the Licensing Authority.
(7) The
selection process shall be taken up at the place, time and date notified in the
presence of the applicants who are available at the time of selection.
(a)The
selection process shall be taken up Shop-wise, as notified in the District Gazette.
Provided that the
Commissioner may, for sufficient reason(s) to be recorded in writing, withdraw
any Shop from the selection process before the same is commenced.
(b) At
the commencement of the selection process, the Licensing Authority shall first
announce the names of persons and the number of persons who have filed
applications for a particular Shop.
(c) Where
there is only one application for a Shop, if the Licensing Authority is satisfied
that the applicant is eligible for grant of licence and that the statutory requirements
have been fulfilled, he shall collect the Retail Excise Tax in the manner
provided therefor and grant the licence or if not so satisfied, reject the
application after recording the reasons therefor.
(d) Where there are more than one application for a Notified Shop, the selection among the eligible applicants for grant of licence shall be by drawl of LOT by the Collector, irrespective of the presence of the applicants.
(e) The Collector, after selecting the applicant in respect of a Shop, may continue drawl of lots and select two more applicants from among the remaining applicants as reserve applicants, the first and the second who may, subject to the provisions
of these rules, be allotted the Shop in the order of selection, in case the selected applicant fails to comply with the conditions laid down under these rules.
(f) There
shall be no restriction on the number of Shop licences a person can hold at a
time.
(g) The
successful applicant shall sign his name or affix his thumb impression against
the relevant entry in the register maintained for the purpose.
(9) The District Collector may, by order, reject any application on the ground that the applicant has indulged in impersonation referred to under Rule-8.
12. Removal of certain persons from the place of selection: -
13. Signature in the Register: -
14. Selected applicant shall obtain licence: -
15. Retail Excise Tax for Shops, mode of levying and method of payment:
Provided that the
Government may by notification, levy the annual Retail Excise Tax at reduced
rates for the Shop licence(s) issued in respect of Shop(s) reserved for
"Geeta Kulalu".
Provided further that if a Shop cannot be disposed of even after the commencement of the licence period and upto 31st October, the annual Retail Excise Tax shall be reduced so as to be proportionate to the unexpired period, part of a month being treated as a full month.
(2) The Licensee of a Shop shall pay the annual Retail Excise Tax for the Licence period either in one lump-sum or in six equal installments at his option.
(3) Where
the selected applicant opts to pay the Retail Excise Tax in six equal installments,
he shall pay the first installment of the annual Retail Excise Tax of the first
year for the Shop on the day of selection or the succeeding bank working day by
way of Challan. He shall also submit a Bank Guarantee in Form A-5, for the amount
equal to one sixth of the annual Retail Excise Tax valid till the expiry of the
Licence period, issued by a Scheduled Bank situated in Andhra Pradesh, within
thirty days of his selection.
(4) The Licensee of a Shop shall remit the annual Retail Excise Tax (RET) installments (Each installment is equal to l/6th of the annual Retail Excise Tax) by way of Challan as detailed in the table given below.
Installment of RET Due Date for remittance
1st
Installment on the Day of selection or on the succeeding Bank working day
2nd
Installment 20th November of the 1st Year
3rd
Installment 20th January of the 1st Year
4th
Installment 20th March of the 1st Year
5th
Installment 20th May of the 1st Year
6th
Installment 20th July of the 1st Year
7th
Installment 20th September of the 1st Year
8th
Installment 20th November of the 2nd Year
9th
Installment 20th January of the 2nd Year
10th
Installment 20th March of the 2nd Year
11th Installment
20th Mav of the 2nd Year
12th Installment
20th July of the 2nd Year
(5) The
Retail Excise Tax shall be paid into the concerned Government treasury in the
district in which the Licenced premises is located.
(6) The
Licensees of Shops, other than those situated in Municipal Corporations or cities
in which Premium Stores are located, shall be permitted to upgrade their Shops to
Model Stores on payment of Retail Excise Tax of Rs 5 Lakhs additionally per
annum per each Shop. The District Prohibition & Excise Officer shall be the
competent authority to grant such permission.
Provided that such
permission is deemed to have been issued by the District Prohibition &
Excise Officer concerned, in case such permission is not issued within (15)
days of filing of application by the Licensee.
(7) In
case the Licensee fails to remit the Retail Excise Tax instalment on the due date
prescribed under sub-rule (4), he may remit the instalment amount subsequently
subject to payment of penal interest as per Rules and Retail Excise Tax additionally
as detailed below:
Within 10 days from the
due 10% of the Instalment amount date
From 11th day
to 20th day 20% of the Instalment amount from the due date
From 21st day
to 30th day 30% of the Instalment amount from the due date
(8) In
case of default in payment of any instalment, the Bank Guarantee amount shall
be adjusted against the instalment of Retail Excise Tax and other dues.
(9) If a licence is surrendered in the middle of the licence period, the Bank Guarantee and the Retail Excise Tax paid shall be forfeited to the Government.
16. Re-allotment in case of failure to submit Bank Guarantee or pay the instalments due: -
(2) In
case of failure to pay the instalments due, the licence of the Shop shall be cancelled,
and the Shop shall be renotified.
(3) The selected applicant shall continue to be responsible for the Retail Excise Tax of that Shop till the next successful applicant takes over.
17. Sale by outlets of A.P.S.B.C.L., Corporations owned by the State Government or Co-operative Societies: -
1) The
District Collector, with the approval of the Commissioner of Prohibition and Excise,
may permit the A.P.S.B.C.L. or Corporations owned by State Government or
Co-operative societies under the Act to open outlets for the sale of IMFL and FL
in such areas localities, where the privilege of sale by Shop could not be disposed
of through selection or when a licence already granted is cancelled and the
same could not be re-allotted for any reason.
2) The
Commissioner of Prohibition and Excise may permit the A.P.S.B.C.L., Corporations
owned by State Government or Co-operative societies to open outlets for the
sale of IMFL and FL anywhere in the State whenever he deems it necessary in
public interest.
3) The outlets opened under this rule shall sell IMFL and FL at prices not exceeding the Maximum Retail Price indicated on the labels of the bottles and issue bills to the customers accordingly.
18. Counterpart Agreement: -
19. Issue and commencement of licence:
20. Bar on renewal of licence: -
21. Death of a Licensee: -
In case the legal heir of the selected applicant is not willing to obtain the licence after fulfilling the formalities prescribed under Rule 15 and 18, the Shop shall be disposed of by fresh selection process.
22. Period of the licence and commencement of business: -
Provided
that a licence granted after 1st October of the licence period shall be valid for
the remaining part of the licence period only.
Provided also that every licence holder shall commence his business from the date on which the licence is granted or such other date as may be specified in the licence and shall keep the Licensed premises open every day during the hours fixed except on the dry days till the expiry of the term of licence with sufficient stock of liquor unless the closure of the Licensed premises is ordered by the Competent Authority for the period specified.
23. Licensing Authority: -
The District Prohibition and Excise Officer shall issue the Licence for the retail Shop in the prescribed form A-4 after being satisfied that the premises selected is in accordance with the relevant rules.
24. Selection of Premises:
(1)
Subject to the approval of the District Prohibition and Excise Officer, the selected
applicant shall select suitable premises for sale of IMFL and FL within the
Municipal Corporation, Municipality, Nagar Panchayat or Mandal, as the case may
be, as notified in the District Gazette.
(2) The
premises selected for Model Store shall have a minimum area of 500 sq.ft subject
to a maximum area of 1000 sq.ft.
Provided
that the Licensee of Model Store is permitted to stock and sell all liquor
related accessories viz. Ice buckets, Ice tongs, Wine corks / screws, 'trays,
glasses, goblets etc., from the Licensed Model Store.
(3) The
premises shall be at least 100 meters away from the places of Public worship,
Educational Institutions and Hospitals.
(4) No Shop for the sale of liquor shall be
(i) situated within a distance of 500 Mts. of the outer edge of the National or State highway or of a service lane along the highway
(ii) visible from a National or State highway
(iii) directly accessible
from a National or State highway.
Provided
that in case of areas comprised in local bodies with a population of 20,000 or
less, the distance shall be 220 meters.
Provided
further that the restrictions under this sub-rule shall not apply to the Shops
established within the Municipal areas.
(5) The
distances referred above shall be measured in a straight line on the horizontal
plane within the radius from the center point of the Shop entrance.
(6) No
signages and advertisements of the availability of liquors shall be permitted both
on national and state highways.
Explanation: For the
purpose of this rule.
a)
"Place of public worship" means a temple registered with the
Endowment Department, Mosque registered with Wakf Board and Church established and
managed by a registered Christian Organization/Society and includes such other
religious institutions, as the State Government may by order specify in this
behalf,
b)
"Educational Institutions" means any Primary school, Middle School
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 Highway or State Highway as notified by the
Competent Authority.
d) "Hospital"
means any hospital which is managed or owned by a local authority, State
Government or Central Government or any private hospital and having a provision
of at least thirty (30) beds.
(7) The
boundaries of the premises shall be indicated in the licence.
(8) There
shall be a single door for entry and exit for the Licensed Shop and sales shall
be conducted without giving entry to the customers inside the premises.
Provided that in the case of Model Store, there may be separate doors for entry and exit and the customers may be allowed entry into the Shop for selection of IMFL and FL of their choice and other permitted liquor related accessories.
25. Transport permit: -
26. Sale permitted at the Licensed premises only:-
2) No change or alteration of the Licensed premises shall be made nor the Licensed premises shifted elsewhere.
Provided that shifting of the Licensed premises may be permitted by the Commissioner of Prohibition & Excise for valid reasons within the same notified Mandal / Nagar Panchayat / Municipality / Municipal Corporation, subject to conditions as may be specified and subject to payment of 1 % of annual Retail Excise Ta x without affecting the total number of Shops notified in the Mandal / Nagar Panchayat / Municipality / Municipal Corporation.
Provided that the Commissioner of Prohibition and Excise may consider and permit for valid reasons shifting of the Licensed premises of Shop located in the 2 KM belt area from the periphery of a Municipality or 5 KM belt area from the periphery of a Municipal Corporation within the same belt area from the periphery of a Municipality or a Municipal Corporation only, without affecting the total number of notified Shops in the Mandal / Nagar Panchayat / Municipality / Municipal Corporation subject to conditions as may be specified by the Commissioner of Prohibition & Excise and subject to payment of 1 % of annual Retail Excise Tax.
27. Godown Licence for storage of IMFL/FL in Form A-4 (G): -
(i) The
holder of the Licence in Form A4 may apply in Form A-4 (G) to obtain a godown
licence for storage of IMFL & FL in Form A-4(AG) to the concerned District
Prohibition and Excise Officer.
(ii) The
godown shall be located in a revenue village/ Municipality/ Municipal Corporation
limit where the Shop is located.
(iii) The
Licensee shall remove or transfer any stock of IMFL & FL from the godown to
the Shop for sale under valid transport permit issued by the Prohibition and Excise
officer of the concerned Prohibition & Excise Station having jurisdiction.
(iv) The
Licensee shall not sell or allow consumption in the Licensed premises of the
godown.
(v) The
Licensee shall not display any sign board of IMFL in the Licensed premises.
(vi) The
annual Retail Excise Tax for the period of issue of godown licence shall be
Rs.1,00,000/ -
Provided that a godown licence may be obtained for any period during the licence period and the Retail Excise Tax for godown licence may be paid proportionately for such period and part of month shall be reckoned as whole month.
28. Licence to be exhibited: -
29. Hours of Business: -
30. 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.
31. Licensee not to declare any person to be or not to be his partner:
Provided that the Commissioner may, after such enquiry as he may deem fit, permit the Licensee 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 Licensee on payment of a fee of 2% of the annual Retail Excise Tax by way of challan.
Provided further that in case of Shops allotted to "Geeta Kulalu", no person other than the same "Geeta Kulalu" shall be permitted to include as partner.
32. Licensee not to stock unauthorized Indian Made Foreign Liquor and Foreign Liquor: -
33. The Licensee not to stock Indian Made Foreign Liquor or Foreign Liquor at unauthorized place:
34. Licensee to sell Indian Made Foreign Liquor and Foreign Liquor of specified Strength: -
35. Indian Made Foreign Liquor or Foreign Liquor not to be adulterated: -
36. Adulterated Indian Made Foreign Liquor or Foreign Liquor to be seized: -
It shall be competent for
the inspecting officer, on finding any IMFL and FL 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.
37. Indian Made Foreign Liquor and Foreign Liquor shall not be given or sold to certain persons: -
(i)
Lunatics.
(ii)
Persons known or believed to be in a state of drunkenness.
(iii)
Persons about whom it is known or suspected that they are likely to participate
in the commission of sedition, insurrection, breach of peace or any other
similar offence threatening public peace and tranquillity.
(iv)
Soldiers in uniform and the camp servants of military officers in their
uniform.
(v) Persons below (21) years of age.
38. Bottles for sale to carry labels: -
39. Sale of only duty paid Indian Made Foreign Liquor and Foreign Liquor: -
40. Maximum Retail Price: -
41. Harbouring of certain persons prohibited: -
42. Employment of servants: -
(1) No
person shall be employed for sale of IMFL and FL without the prior permission
of the District Prohibition and Excise Officer 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.1000/-
(2) No
nowkarnama shall be granted to the following persons:
(i)
Persons below twenty-one years of age,
(ii)
Persons of unsound mind,
(iii)
Persons whose Nowkarnama or licences has previously been cancelled within the
preceding ten years,
(iv)
Persons convicted of any offence under the Andhra Pradesh Excise Act, (Act 17
of 1968), A.P. Prohibition Act, 1995 (Act 35 of 1995) or the Narcotics Drugs
and Psychotropic Substances Act, 1985 (Central Act 61 of 1985) within the
preceding ten years,
(v)
Persons convicted under Section 482 to 489 of the Indian Penal Code, 1860
(Central Act 45 of 1860) or under the Bharatiya Nyaya Sanhita.
(vi)
Defaulters in payment of amount due to the State Government under the Andhra
Pradesh Excise Act or the Rules made thereunder.
(3) All
illegal things done in connection with the transport, possession or sale of IMFL
and FL or known to have been done in contravention of the provisions of the Act
or the rules made thereunder by the servants of the Licensee shall forthwith be
reported to the District Prohibition and Excise Officer by the Licensee and
such orders regarding continuance or otherwise of such servants in service as
may be issued by the District Prohibition and Excise Officer shall be carried out
by Licensee.
(4) Every act of the authorized agent or servant shall be deemed to be an act of the Licensee.
43. Intimation to Excise Officer: -
44. Consignments to be opened only in the presence of the Excise Officer: -
If any box, packet, package or bottle is found doubtfully, carelessly or insufficiently sealed, the Licensee shall produce it forthwith before the Excise Officer for noting down such damages. The articles insecurely sealed or fastened may be returned by the Licensee to the consigner with the prior approval of the Commissioner of Prohibition and Excise. The Commissioner may allow in such an event, replenishment of stock without fresh payment of duty. The Commissioner shall be competent to relax the application of this rule in special circumstances.
45. No breakages or losses in transit allowed: -
46. Licensee to maintain accounts: -
(1) The
Licensee shall maintain full and day to day accounts of IMFL and FL 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 be required by the
Commissioner of Prohibition and Excise, and he shall, for each month, send
monthly statements and returns before the 5th of the following month in the
forms as may be fixed by the Commissioner to the District Prohibition and Excise
Officer and local Prohibition and Excise Inspector. All registers should be got
authenticated before use by the District Prohibition and Excise Officer.
(4) All
Retail liquor Shops in the State shall be equipped with required systems and equipment
as prescribed by Commissioner of Prohibition and Excise with full automation to
update day to day transactions including reading of Holographic Excise Adhesive
Labels.
(5) All
Retail liquor shops shall install (02) CCTV Cameras in counters and inside the Licenced
premises as prescribed, with linkage facility to central control room of Prohibition
& Excise Department.
(6) The transportation of IMFL and FL from APSBCL Depots to Shops shall be carried under GPS tracking mechanism as prescribed by the Commissioner of Prohibition and Excise.
47. Licensee to maintain brand-wise accounts: -
48. Entries in the daily accounts Register: -
49. Statements of accounts to be furnished:
50. Monetary transactions with officers prohibited: -
51. Officers authorized to inspect premises: -
52. Inspection book to be maintained: -
53. Licence to be surrendered to the District Prohibition & Excise Officer on expiry: -
54. Licensees to abide by the provisions of the Act etc: -
55. Suspension, withdrawal or cancellation of a licence or permit: -
56. Stocks on cancellation of licence:
57. Stocks on withdrawal of licence:
58. No Remission for closure: -
59. Existing Rules cease to operate: -
60. Removal of difficulties: -
