1. G.O.Ms.No.210, Revenue (Excise)
Department, dated, 30-09-2024.
2. The A.P. Ordinance No.6 of 2024,
dated. 30-09-2024
3. From the Director, Prohibition
& Excise, A.P., Mangalagiri in C.R.No.2906/ 2024/CPE/E3, Dated:22.11.2024
(e-file Computer No.2630486).
1. Short title, extent, commencement and application:
(ii) They shall extend to all the
areas where the Andhra Pradesh Excise Act, 1968 is in force.
(iii) They shall come into force at
once.
(iv) These rules shall apply for the grant of License for selling premium IMFL and FL in retail by Shop (Premium Store), conditions governing such License and transport of IMFL and FL by such License holders.
2. Definitions: -
(a) "Act" means the
Andhra Pradesh Excise Act, 1968 (Andhra Pradesh Act 17 of 1968).
(b) “Applicant” means an individual
(Sole Proprietor), partnership firm, company, LLP or any other legal person who
participates in the selection process for grant of Shop (Premium Store)
license.
(c) "APSBCL" means the
Andhra Pradesh State Beverages Corporation Limited.
(d) "Dry day" means a day
on which no liquor shall be sold in the Licensed premises.
(e) "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, Beer,
Wine and RTD", shall mean every liquor/beer/wine/RTD imported into India,
other than the Indian Made Foreign Liquor, beer, wine and RTD.
(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) "License" means a
License issued under these Rules.
(l) "Licensee" means
holder of such License.
(m) "Licensing Authority"
means the Commissioner of Prohibition and Excise.
(n) "License period"
ordinarily means the period of five years commencing from 1st January
of the first year to 31st December of the fifth calendar year or part thereof.
(o) "Licensed premises"
means premises where premium 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) "Municipal
Corporation/City" shall mean Municipal Corporation/City as defined in the
latest Census.
(r) "Permit" means a
permit issued under these rules.
(s) “Premium IMFL, Beer, Wine and
RTD” mean and shall include Indian Made Foreign Liquor, Beer, Wine and RTD
produced in India with minimum basic prices of Rs.1200, Rs.400, Rs.900 and
Rs.900 respectively and as may be prescribed by the Commissioner of Prohibition
& Excise/Government from time to time.
(t) “Retail Excise Tax (RET)” means
the annual Retail Excise Tax for each year of the license period and includes
proportionate Retail Excise Tax.
(u) "Shop (Premium
Store)" means a privilege granted under these rules for sale of foreign
liquor, foreign wine, foreign beer and premium Indian made foreign liquor,
beer, wine and RTD 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 Licensed premises and also sale of other accessories.
(v) "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 Licensed 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, the Andhra Pradesh Excise (Grant of License of Selling by Shop and Conditions of License) Rules, 2024 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 Premium Indian Made Foreign Liquor and Foreign Liquor: -
4. Establishment of Shops (Premium Stores):
5. Notification in the District Gazette: -
(i) Name of the Municipal
Corporation/City where the Shop (Premium Store) will be established.
(ii) The last date, time and place
for receipt of applications.
(iii) The period of License.
(iv) Non-Refundable application
fee.
(v) Annual Retail Excise Tax (RET).
(vi) Procedure of online 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. 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 License has been cancelled for breach of any of the conditions of
License 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.
7. Impersonation in filing applications not allowed:
8. Selection of Premises: -
(2) The premises selected for Shop
(Premium Store) shall have a minimum carpet area of 4,000 sq.ft.
(3) The premises shall be at least 100 meters away from the places of Public worship, Educational Institutions and Hospitals.
(4) No Shop (Premium Store) 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 (Premium Stores) established within the Municipal areas.
(5) The distances referred to above
shall be measured in a straight line on the horizontal plane within the radius
from the center point of the Shop (Premium Stores) 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 license.
(8) There may be separate doors for entry and exit and the customers may be allowed entry into the Shop (Premium Store) for selection of premium IMFL and FL or other permitted accessories of their choice.
9. Submission of applications for enrolment for registration and selection for grant of Prior Clearance: -
(2)
(a) Online Model: In case, the
applicant opts for online mode, he shall fill in Form-A1(PS-A) and select
Gazette Sl.No of the Shop (Premium Store) notified in the Unit (Municipal
Corporation/ City) and pay the Non-refundable application fee of Rs.15,00,000/-
by way of Debit Card/Credit card/Net Banking. On successful payment, the
applicant may download the documents in Form-A1(PS-B) and Registration
certificate in Form-RG 1(PS) which are system generated.
(b) Hybrid Model: In case the
applicant opts for online mode for registration and submission of application
through online mode, he shall fill in Form-A1(PS-A). He shall select the
Gazette Sl.No of the Shop notified in the Unit (Municipal Corporation/ City)
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.15,00,000/- towards Non-refundable application fee against the
system generated echallan number (transaction number). After successful
payment, application will be confirmed by the System as completed and he can
download Form-A1(PS-B) and Registration certificate in Form-RG 1 (PS) which are
system generated.
(c) Offline Model: In case the
applicant opts for offline mode for registration and submission of application
through offline mode, he shall fill in Form-A1(PS-A). He shall select the
Gazette Sl. No of the Shop (Premium Store) notified in the Unit (Municipal
Corporation/City) and select the payment mode as offline. He shall pay
Rs.15,00,000/- towards Non-Refundable Application Fee by way of Demand Draft
drawn on a scheduled Commercial bank situated anywhere in India and also
Grameena Banks situated in Andhra Pradesh sponsored by Scheduled Commercial
Banks 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 notified in the Gazette and
submit the Demand Draft in original. After successful acknowledgement on
payment, he may download Form- A1(PS-B) and Registration certificate in Form-
RG 1(PS) which are system generated.
In complete offline mode, the Applicant can also directly go the Designated Center as notified in the Gazette with his details. The staff on duty at the counter will digitize the application after receiving of the Demand Draft (DD) drawn as specified above and after verifying the DD, acknowledgement, and other system generated documents will be printed and provided to the Applicant. District Prohibition and Excise Officer concerned will be responsible to receive genuine DDs and safely hold till they are remitted into the Treasury.
(3) The applicant(s) shall enclose
the following along with the application:
(a) Floor Plan of proposed premises
with minimum carpet area of 4,000 Sq ft.
(b) Copy of Ownership title deed or
consent of the premises owner for establishment of Shop (Premium Store) by the
applicant for 5 years tenure in case the premises is rented/leased.
(c) Copies of last 3 years IT
Returns and Bank Statement duly certified by Bank Authorized Officials.
(d) Solvency Certificate.
(e) Details of Applicant’s Status
(Individual/Partnership/Company/LLP).
(f) Copies of Partnership Deed/
Certificate of Incorporation, GST, TIN Number & PAN in the case of
Partnership Firms/Companies/LLP.
(g) Two recent passport size
photographs.
(h) Photostat copy of Voter ID Card/ Driving License / Passport / Bank Passbook/ AADHAR card/ Any other Government approved Identity Card.
(4) The online/offline mode of
registration and submission of application referred to above shall be specified
in the District Gazette concerned.
(5) 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 as notified by the DPEOs.
(6) The application along with the
enclosed documents shall be verified by the following Committee comprising the
officers of the Department: -
(a)
Deputy Commissioner of Prohibition and Excise concerned.
(b)
Assistant Commissioner of Prohibition and Excise concerned.
(c)
District Prohibition and Excise Officer (DPEO) concerned.
(7) The Committee shall verify the documents enclosed to the application and also verify the suitability of the premises for establishment of Shop (Premium Store) with reference to its conformity to Rule 8 and submit report to the Commissioner of Prohibition and Excise.
10. Grant of Prior Clearance: -
(1) The Government may refer the
proposal received from the Commissioner of Prohibition and Excise under Rule 9
(8) for grant of Prior Clearance to the Evaluation Committee for scrutiny of
the proposal and recommendations for grant of Prior Clearance.
(2) The Tender Committee
constituted by the Government for procurement of liquor/beer headed by a
retired High Court Judge with a retired IAS Officer and a Chartered Accountant
as members, may act as the Evaluation Committee for this purpose.
(3) The Evaluation Committee may
take the assistance of a management expert from Indian Institute of Management
(IIM) or any other expert in the subject as may deem fit.
(4) The Evaluation Committee may
devise its own methodology and criteria for scrutiny/evaluation of proposal to
assess the business and financial capability of the applicant.
(5) The Evaluation Committee after scrutiny/evaluation of the proposal may submit its recommendations to the Government for grant of Prior Clearance.
Provided that the Evaluation
Committee may recommend a Reserve Applicant for grant of Prior Clearance for a
Shop (Premium Store) from among the applicants for that Shop (Premium Store),
in case the first Prior Clearance holder fails to comply with the formalities
under these Rules.
(6) The Government may accept the recommendations of the Evaluation Committee and grant Prior Clearance to the applicant in Form A2(PS), which shall be valid for 45 days from the date of issue.
Provided that no applicant shall be granted more than one Prior Clearance.
Provided further that the grant of Prior Clearance shall not confer any right on the applicant for grant of license. The holder of Prior Clearance shall not claim for any compensation or loss in case the license is not granted.
11. Grant of Shop (Premium Store) license: -
(2) The Prior Clearance holder
shall pay the annual RET for the first year before submitting application in
Form A3(PS) for grant of Shop (Premium Store) License.
(3) The Prior Clearance holder
shall enclose the following to the application in Form A3(PS): -
(a) Challan for proof of payment of
annual RET
(b) Copy of Plan of Shop (Premium
Store) proposed
(c) Lease Deed for 5 years on a
stamp paper for the proposed premises from the owner of the premises for
establishment of Shop (Premium Store)
(4) The Commissioner of Prohibition
& Excise, after making such enquiry as he may think necessary, may grant
license in Form A4 (Premium Store).
(5) The applicant before issue of license shall execute a Counterpart Agreement in Form A5 (PS) on the stamp paper of the requisite value as per the provisions of the Indian Stamp Act, 1899.
12. Period of the License and commencement of business: -
Provided that a License granted after 1st January of the License period shall be valid for the remaining part of the License period only.
Provided further that a License granted for a part of a License period shall be for such period as may be specified by the Licensing Authority.
Provided also that every License
holder shall commence his business from the date on which the License is
granted or such other date as may be specified in the License 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 License with sufficient stock of liquor
unless the closure of the Licensed premises is ordered by the Competent
Authority for the period specified.
(2) The Retailer Margin shall be 20% on issue price across all categories of premium IMFL and FL, including Beer, Wine, RTDs, etc.
13. Activities permitted in Shop (Premium Store): -
(1) Stocking and sale of a variety
of liquor-related accessories, including ice buckets, tongs, wine corkscrews,
trays, glasses, goblets, liquor chocolates, etc.
(2) Sale of cigars, cigarettes,
soft drinks, and other related items.
(3) A designated area within the
licensed premises may be used to promote contemporary art, such as paintings,
enhancing the store's ambiance.
(4) Hosting of training and tasting
sessions in accordance with international standards by an advance intimation of
at least 24 hours to the District Prohibition & Excise Officer concerned.
(5) The Shop (Premium Store) may feature a shop-in-shop concept with exclusive shelves for displaying various brands, allowing customers to browse and select products from dedicated display areas.
14. Retail Excise Tax for Shops (Premium Stores), mode of levying and method of payment: -
Provided that if a Shop (Premium
Store) cannot be disposed of even after the commencement of the License period
and upto 31st January, 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 (Premium
Store) shall pay the annual Retail Excise Tax for the License period in one
lump-sum.
(3) The Prior Clearance holder
shall pay the first year Retail Excise Tax for the Shop (Premium Store) before
submitting application for grant of Shop (Premium Store) Licence by way of
Challan. He shall also submit a Bank Guarantee in Form A-6 (PS), for the amount
equal to annual Retail Excise Tax valid till the expiry of the License period,
issued by a Scheduled Bank situated in Andhra Pradesh, within thirty days from
the date of grant of license.
(4) The Licensee of a Shop (Premium
Store) shall remit the annual Retail Excise Tax (RET) by way of Challan as
detailed in the table given below:
|
Annual
RET |
Due
Date for remittance |
|
1st Year RET |
Before submitting
application for grant of Shop (Premium Store) license |
|
2nd Year RET |
20th December
of the 1st Year |
|
3rd Year RET |
20th December
of the 2nd Year |
|
4th Year RET |
20th December
of the 3rd Year |
|
5th Year RET |
20th December
of the 4th Year |
(5) The Retail Excise Tax shall be
paid into the concerned Government treasury in the district in which the
Licensed premises is located.
(6) 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.
(7) If a License is surrendered in the middle of the License period, the Bank Guarantee and the Retail Excise Tax paid shall be forfeited to the Government.
15. Re-allotment in case of failure to submit Bank Guarantee or pay the instalments due: -
(2) In case of failure to pay the
annual Retail Excise Tax on the due date, the License of the Shop (Premium
Stores) shall be cancelled, and the Shop (Premium Stores) shall be re-notified.
(3) The Prior Clearance holder/Licensee shall continue to be responsible for the Retail Excise Tax of that Shop (Premium Stores) till the next selected applicant takes over.
16. Counterpart Agreement: -
The Counterpart Agreement shall come into force with effect from the date on which the License is granted and remain valid till the end of the License period.
17. Issue and commencement of License: -
18. Bar on renewal of License: -
19. Death of a Licensee/Prior Clearance holder: -
20. Transport permit: -
21. 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 Municipal Corporation/City, subject to conditions as may be specified and subject to payment of 1% of annual Retail Excise Tax.
Provided further that alteration of Licensed premises may be permitted by the Commissioner of Prohibition & Excise, subject to payment of Rs.25,000/-.
22. License to be exhibited: -
23. Hours of Business: -
24. 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.
25. 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.
26. Licensee not to stock unauthorized Indian Made Foreign Liquor and Foreign Liquor: -
27. The Licensee not to stock Indian Made Foreign Liquor or Foreign Liquor at unauthorized place:
28. Indian Made Foreign Liquor or Foreign Liquor not to be adulterated: -
29. 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.
30. Bottles for sale to carry labels: -
31. Sale of only duty paid Indian Made Foreign Liquor and Foreign Liquor: -
(2) The Licensee or his Nowkarnama holder appointed under Rule-33 shall purchase premium IMFL and FL from the allotted depot of the APSBCL only on such terms as may be prescribed.
Provided that the Commissioner of Prohibition & Excise may permit the Licensee to purchase the requirement of premium IMFL and FL from any other Depot of the APSBCL.
32. Maximum Retail Price: -
33. Employment of servants: -
(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
Licenses has previously been cancelled within the preceding ten years,
(iv) Persons convicted of any
offence under the Andhra Pradesh Excise Act, 1968 (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.
34. Intimation to Excise Officer: -
35. Consignments to be opened only in the presence of the Excise Officer: -
36. No breakages or losses in transit allowed: -
37. Licensee to maintain accounts including brand-wise accounts: -
(2) 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 Excise Adhesive Labels.
(3) All Retail liquor shops shall
install (02) CCTV Cameras in counters and inside the Licensed premises as
prescribed, with linkage facility to central control room of Prohibition &
Excise Department.
(4) The transportation of premium IMFL and FL from APSBCL Depots to Shops shall be carried under GPS tracking mechanism as prescribed by the Commissioner of Prohibition and Excise.
38. Monetary transactions with officers prohibited: -
39. Officers authorized to inspect premises: -
40. Inspection book to be maintained: -
41. License to be surrendered to the District Prohibition & Excise Officer on expiry: -
42. Licensees to abide by the provisions of the Act etc: -
43. Suspension, withdrawal or cancellation of a License or permit: -
44. Stocks on cancellation of License:
45. Stocks on withdrawal of License:
46. No Remission for closure: -
47. Removal of difficulties: -
Form A-1 (PS-A)
1. Name of the Applicant:
2. Age:
3. Full Residential Address:
4. Mobile No.:
5. Identity Proof:
(Driving License,
Aadhar Card, Bank Passbook, Passport, Voter ID Card, Other)
6. Identity Proof Number:
Form A-1 (PS-B)
 |
[Barcode]
Application No._______________________________
GAZETTE No.___________
DATED _____________
DISTRICT:
1. Name of the Applicant:
2. Age:
3. Full Residential Address:
4. Mobile No.:
5. Identity Proof
(Driving License,
Aadhar Card, Bank Passbook, Passport, Voter ID Card, Other):
6. Identity Proof Number:
7. Gazette Serial
Number of the Shop (Premium Store):
8. Municipal Corporation/City
as notified in the Gazette:
9.
Individual/partnership
(to be filled by the applicant)
|
Individual |
Partnership |
Company
|
Firm/Company/LLP/Others (give details)
I hereby declare that the particulars given above are true to the best of my knowledge and belief. If at a later stage any of the facts are found to be false the License may be cancelled and I may be prosecuted as per the Andhra Pradesh Excise Act, 1968 or the Rules thereunder.
I hereby declare that I am not disqualified under Rule 6 of the A.P. Excise (Grant of License of Selling by Shop (Premium Stores) and Conditions of License) Rules 2024.
I
hereby, undertake to abide by the Rules and License Conditions prescribed under
the Andhra Pradesh Excise Act, 1968 and I shall abide by the decision of the ‘Authority
granting Prior Clearance’ in all matters connected with my application(s).
Place: Signature
of the Applicant
Date:
Form - RG 1 (PS)
[Barcode]
Reg. No. ______________________
DATED____________________
1. Name of the Applicant:
2. Age:
3. Full Residential Address:
4. Mobile No.:
5. Identity Proof
(Driving License,
Aadhar Card, Bank Passbook, Passport, Voter ID Card, Other):
6. Identity Proof No:
7. Gazette Serial No.
of the Shop:
8. Municipal Corporation/City as notified in the Gazette:
This certifies that the applicant has registered with the licensing authority, duly paying the non-refundable application fee as required under the Rule 9 of A.P. Excise (Grant of License of selling by Shop (Premium Store) and conditions of License) Rules 2024 for participation in the selection process for the above said Shop (Premium Store).
Registration is subject to the verification and validity of the documents filed and payment made. In the event of any fraudulent activity, the applicant shall be prosecuted as per the Andhra Pradesh Excise Act, 1968 and the Rules thereunder.
Authorized signatory
FORM A-2 (PS)
No. Date:
Sri___________ S/o__________ R/o___________ is granted prior clearance for grant of licence for selling by Shop (Premium Store) to be established in________ Municipal Corporation/City. The prior clearance is valid for 45 days from the date of issue.
The grant of prior clearance shall not confer any right on the applicant for grant of licence in Form-A4 (Premium Store). The holder shall apply separately for grant of privilege to the Commissioner of Prohibition and Excise, fulfilling all the requirements under the rules. The holder shall not claim for any compensation or loss in the event of not granting licence.
Principal Secretary to Government
Revenue (Excise) Department
To
Sri____________________
Copy to the Commissioner of Prohibition and Excise
FORM A-3 (PS)
Prior Clearance No. ______________
1. Name of the Applicant:
2. Age:
3. Full Residential Address:
4. Mobile No.:
5. Identity Proof :
(Driving
License, Aadhar Card, Bank Passbook, Passport, Voter ID Card, Other)
6. Identity Proof Number:
7. Gazette Serial
Number of the Shop (Premium Store):
8. Municipal
Corporation/City as notified in the Gazette:
9.
Individual/partnership firm/Company/LLP/Others (give details):
10.Challan Number and
date of payment of RET:
11.Details of the
Premises to be licensed:
12.Boundaries of the
Premises selected:
a. East:
b. North:
c. West:
d. South:
I hereby declare that the particulars given above are true to the best of my knowledge and belief. If at a later stage any of the facts are found to be false the License may be cancelled and I may be prosecuted as per the Andhra Pradesh Excise Act, 1968 or the Rules thereunder.
I hereby declare that I am not disqualified under Rule 6 of the A.P. Excise (Grant of License of Selling by Shop (Premium Stores) and Conditions of License) Rules 2024.
I
hereby, undertake to abide by the Rules and License Conditions prescribed under
the Andhra Pradesh Excise Act, 1968 and I shall abide by the decision of the Licensing
Authority in all matters connected with my application(s).
Place: Signature of the Applicant
Date:
FORM A-4 (PS)
Whereas, Sri ___________________________ s/o ________________ r/o is granted Prior Clearance (No._____) for grant of license for the privilege of sale of Premium Indian Made Foreign Liquor and Foreign Liquor by Shop (Premium Stores) for Gazette Sl. No.__________ for the License period from___________ to ___________, I __________ Commissioner of Prohibition and Excise hereby issue License to the Prior Clearance holder to sell Premium Indian Made Foreign Liquor and Foreign Liquor on the premises bearing Door No._____________, the details of which are as follows: -
BOUNDARIES:
Locality
Municipal Corporation/City within the marginally noted boundaries during the
period commencing from the and ending with the 31st December, 20_
East:
West:
North:
South:
1. The privilege extends to the
sale of all kinds of Foreign Liquor and Premium Indian Made Foreign Liquor,
which can be sold for removal from the Licensed premises in sealed receptacles
in quantities not exceeding 3 Bottles of any size in respect of Indian Made
Foreign Liquor and Foreign liquor in one transaction to an Unlicensed person.
The Licensee can also sell stocks
of premium IMFL/ FL to the holder of License in Form EP-1 without any
restriction on the quantity.
2. The Licensee is prohibited from
purifying, colouring and flavouring the Indian Made Foreign Liquor/Foreign
Liquor or mixing any material therewith and from blending another kind of
Indian Made Foreign Liquor/Foreign Liquor with it or to keep to his possession
other than liquor authorised under this License.
3. The Licensee is prohibited from
bottling Indian Made Foreign Liquor and Foreign Liquor.
4. The possession or sale of
diluted beer by the Licensee is prohibited.
5. All Premium Indian Made Foreign
Liquor and Foreign Liquor sold under this License shall be duty paid and
obtained from the IML Depot of the Andhra Pradesh State Beverages Corporation
Limited as allotted by the Licensing Authority.
6. The Licensee shall sell only
duty paid premium Indian Made Foreign Liquor/Foreign Liquor in sealed, capsuled
bottles affixed with Excise Adhesive Labels and manufacturers labels duly
approved by the Commissioner of Prohibition & Excise as required, under
these rules.
7. The Licensee shall maintain and
furnish to the District Prohibition & Excise Officer statistics showing the
sale of all kinds of Premium Indian Made Foreign Liquor and Foreign Liquor
separately.
8. This License is not
transferable,
9. The Licensee shall be subject to
cancellation or suspension at will by the Commissioner,
10. The Licensee shall not act in
any manner prejudicial to the interests of the revenues of the Government.
11. The Licensee shall sell premium
Indian Made Foreign Liquor and Foreign Liquor at prices not exceeding the
Maximum Retail Price printed on the liquor bottles and issue bills accordingly.
12. The Licensee shall abide by the Rules and instructions issued by the Government / Commissioner from time to time.
Dated: day of____, 20___
Commissioner of Prohibition and Excise
FORM A-5 (PS)
I/We
_______________________ S/o________________________ R/o Age (_____ ) years severally / jointly are
the Licensees in respect of the privilege of Shop (Premium Stores) pertaining
to Municipal Corporation/City on a yearly Retail Excise Tax of Rs._____ (In
words_______________________) for the period from 1st January, __ to end of
December, in
accordance with the provisions of the Andhra Pradesh Excise Act and the Rules framed thereunder and subject to terms and conditions of License and also subject to the terms and conditions as agreed to by me / us in this counterpart agreement.
I/
We hereby affirm that I/ We shall be severally and jointly responsible to abide
by the terms and conditions of issued in respect of the said Shop (Premium
Stores) for the period as laid down in the Licensee No. dt and I/We shall pay promptly
and in time the instalments of RET, amounts towards penalties or any other
charges or other liabilities if imposed and any other dues if accrued in
respect of my/ our shop (Premium Stores), I/ We_ shall abide by all the
provisions of the Andhra Pradesh Excise (Grant of License of selling by Shop
(Premium Stores)
and conditions of
License) Rules, 2024 and other conditions relating to sale of Premium Indian
Made Foreign Liquor and Foreign Liquor by Shop (Premium Stores) that are
existing and as may be amended from time to time, I/ We _ shall be bound to pay
any enhanced duty and the
like as may be levied from time to time. If I/ We fail to pay in time RET, excise duty, penalties, if imposed, and any other dues or make any efforts to evade payment of these amounts, the Commissioner of Prohibition and Excise reserves the right to cancel the Shop (Premium Stores) license obtained by me / us and to realise the entire amounts so due by way of forfeiting the deposits and by way of distraining my/our movable and immovable properties whatsoever I/We/our sureties possess and selling the said properties under the Andhra Pradesh Revenue Recovery Act, 1864.
This agreement is executed in favour of the Commissioner of Prohibition and Excise that the authority may enforce the above terms and conditions agreed by me / us.
Place
Date Signature or Thumb-impression of Licensee/ Licensees.
Address:
I
certify that Sri/Sarvasri _______________ son ________________ of known to me/
identified by Sri/Sarvasri _____________ known to me executed the agreement and
signed before me.
Date: Commissioner of Prohibition and Excise
FORM A-6 (PS)
In consideration of the Governor of Andhra Pradesh hereinafter called “The Government” having agreed to exempt Sri __________________ hereinafter called “said Licensee” from the demand under the relevant rules of Andhra Pradesh Excise (Grant of License of selling by Shop (Premium Store) and conditions of License) Rules 2024 and as agreed under the terms and conditions agreed dated made between Commissioner of Prohibition and Excise and said Licensee for the fulfilment by the said Licensee of the terms and conditions contained in the said rules and said agreement on production of a Bank Guarantee for Rs. _________________________ (In words) (Rupees ________________ )
We _________________________ (hereafter) (Indicate the name of the Bank) ___________________referred to as “the Bank” at the request of the Licensee do hereby undertake to pay the Government an amount not exceeding Rs_____________ against any liability of the said Licensee to the Government arising by reason of any breach of the said contract of the said rules and the agreement.
(1) We do hereby undertake to
(indicate the name of the Bank) pay amounts due and payable under this
guarantee without any demur, merely on a demand from the Government. Any such
demand made on the Bank shall be conclusive both as regards breach of the terms
and conditions and the amount due under the rules and the contract. However,
our liability under this guarantee shall be restricted to an amount not
exceeding Rs. _ __.
(2) We also undertake to pay
interest at the rate of 18% for the period over and above 15 days from the date
of receipt of demand of claim for payment in writing from you to the date of
actual payment made by us.
(3) We undertake to pay to the
Government any money so demanded or notwithstanding any dispute or disputes
raised by the Licensee(s) in any suit or proceeding pending before any court or
Tribunal relating thereto in the absence of jurisdiction or prohibitory order,
our liability under this present being absolute and unequivocal.
(4) The Government is free to
demand the amount guaranteed either completely or in parts as it may suit them.
The payment so made by us under
this bond shall be a valid discharge of our liability for payment thereunder
and the Licensee (s) shall have no claim against us for making such payment.
(5) We (indicate the name of the
Bank) further agree that the guarantee herein contained shall remaining in full
force and effect during the period that would be taken for the performance of
the said agreement and that it shall continue to be enforceable till all the
dues of the Government under or its claims satisfied or charged to till
office/Department Minister of ______________ certify that the terms and
conditions of the said agreement have been fully and properly carried out by
the said Licensee(s) and accordingly discharge this guarantee.
(6) We ______________(indicate the
name of the Bank) _____further agree with the Government that the Government
shall have the fullest liberty without our consent and without affecting in any
manner our obligation hereunder to vary any of the terms and conditions of the
said agreement or to extend time of performance by the said Licensee (s) from
time to time any of the powers exercisable by the Government against the said
Licensee (s) and to forbear or
enforce any of the terms and conditions relating to the said agreement and
shall not be relieved from our liability by reason of any such variation, or
extension being granted to the said Licensee(s) or by any such matter or thing
whatsoever which under the law relating to sureties would, but for this
provision, have effect of so relieving us.
(7) This guarantee will not be
discharged due to the change in the constitution of the Bank or the Licensees.
(8) We (indicate the name of the
Bank) undertake not to revoke this guarantee during its currency except with
the previous consent of the Government in writing.
(9) We (indicate the name of the
Bank) lastly state that this guarantee will remain in force for a period of
months from the date of execution or clearance certificate obtained from the government
whichever is later.
Date the __________________day of ___________________20
For ____________________ (indicate the name of the Bank)
Form N-1 (PS)
Date: ___________
1) Municipal Corporation/City
2)
(i) Name of the shop
(ii) Number of the License & Date.
3)
(i) Name of the Licensee
(ii) Address,
4)
(i) Name of the Agent or the
authorised Servant
(ii) Date of Birth/ Age,
(iii) Father’s name,
(iv) Identification Marks of the Agent or the authorised servant,
5) Signature or thumb impression of the Agent or the authorised servant.
6) Signature or thumb
impression of the Licensee
Seal:
Place:
Date:
District Prohibition and Excise Officer
Note:-
1. The agent or the authorised
servant shall sign or affix his thumb impression before the District
Prohibition and Excise Officer
2. District Prohibition and Excise
Officer shall attest the signature or thumb impression and also sign across the
Photograph of the agent/ authorised servant under his official seal in token of
its correctness,
3. The Nowkarnama shall be issued induplicate and the duplicate retained in the Office of the District Prohibition and Excise Officer
FORM R-1 (PS)
(Separate
page should be set apart for each type of liquor with an index in the front
page of the Register)
Name of the Licensee
License No. and Date
|
S.No. |
Date, Month and
Year |
Opening
Stock |
Receipts |
Issues |
|||
|
Quarts Pints |
Nips Dips |
Quarts Pints |
Nips Dips |
Quarts Pints |
Nips Dips |
||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
Balance |
No. of date of
T.P. In respect of receipts shown in col.5,6 |
Signature of the
Licensee |
Remarks |
|||
|
Quarts |
Pints |
Nips |
Dips |
|||
|
9 |
10 |
11 |
12 |
13 |
||
FORM R-2 (PS)
(Separate page should be set apart for each type of liquor with an index in the front page of the Register)
Name of the Licensee
License No. and Date
|
Date |
Item |
Opening
Stock |
Receipts |
||||||
|
Quarts |
Pints |
Nips |
Dips |
Quarts |
Pints |
Nips |
Dips |
||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
|
Issues |
Balance |
Signature of the
Licensee |
||||||
|
Quarts |
Pints |
Nips |
Dips |
Quarts |
Pints |
Nips |
Dips |
|
|
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
19 |
FORM I-1 (PS)
1) Date of
Inspection,
Signature
of the Officer inspecting
(BY
ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
PRINCIPAL SECRETARY TO GOVERNMENT
To
The Commissioner of Printing and Stationery and Stores Purchase, AP, Vijayawada (He is requested to furnish 100 copies to Govt. and 500 copies to the Director, Excise & Prohibition, AP, Mangalagiri and 50 copies to the Commissioner, I&PR, Vijayawada)
The Director, Prohibition & Excise, A.P. Mangalagiri.
The Managing
Director, AP State Beverages Corporation Limited, Mangalagiri.
//FORWARDED::
BY ORDER//
