A4 Rules From 2012 To April 2017
A4 Rules From 2012 To April 2017
INDEX
Rules – The Andhra Pradesh Excise (Grant of licence of selling by shop and
conditions of licence) Rules, 2012 – Notification – Issued.
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REVENUE (EX.II) DEPARTMENT
ORDER:
RULES
(1) These rules may be called the Andhra Pradesh Excise (Grant of licence
of selling by shop and conditions of licence) Rules, 2012.
(2) They shall extend to all the areas where the Andhra Pradesh Excise
Act, 1968 is in force.
(4) These rules shall apply for the grant of licence for selling IMFL and FL
in retail by shop, conditions governing such licence and transport of
IMFL and FL by such licence holders.
2. Definitions:-
(a) "Act" means the Andhra Pradesh Excise Act. 1968 (Andhra Pradesh Act 17 of
1968)
(c) “Dry day” means a day on which no liquor shall be sold in the licensed
premises;
(d) “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 or Hologram.
(e) "Foreign Liquor”, referred to as “FL", means every liquor imported into India,
other than the Indian Made Foreign Liquor;
(f) “Form” means a form appended to these Rules;
(h) “Highway” means a National Highway or a State Highway but shall not include
the part of the National Highway or State Highway which passes within the
limits of a Municipal corporation, Municipality or the Gouthan in any village or
panchayat area;
(i) "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.
(l) “Licensing Authority” means the Prohibition and Excise Superintendent of the
concerned place in which the licensed shop is located
(m) “Licence Fee” means annual licence fee as notified by the Government
from time to time and includes proportionate licence fee.
(n) “Licence period” means the period of twelve months commencing from 1st
July and ending on 30th June of the succeeding year or part thereof.
(o) “Licensed premises” means a 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 Beverages Corporation Limited or any other agency authorized by the
Government for declaration on each variety of label by the Manufacturers of
Indian Made Foreign Liquor as required under Section 39 of the Standards of
Weights and Measures Act, 1976 read with clause (r) of rule 2 of the
Standards of Weights and Measures (Packaged Commodities) Rules, 1977
(r) “Permit Room” means a privilege granted under these rules in Form A-4(B) to
a holder of Licence in Form A-4 to allow consumption of Indian Made Foreign
Liquor and Foreign Liquor in a separate permitted premises adjacent to the A-
4 licensed premises by the customers who purchased such Indian Made
Foreign Liquor and Foreign Liquor from the A-4 Licensee
(s) “Population” means the figure of population as officially published in the latest
census.
(t) “Scheduled Areas” means the Scheduled Areas notified under paragraph 6 of
the Fifth Schedule of the Constitution of India
(u) "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 licensed premises.
(w) “Transport Permit” means a permit issued by the competent officer for
transport of IMFL and FL from the A.P.B.C.L. depot to the licensed premises.
(x) “Village/ Town/ city etc.” shall mean Village/ Town/ city as defined in the
latest census.
(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 shops 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 shops 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 and if not available to any other candidate.
4. Establishment of Shops:-
Subject to such directions, which the Government may issue in this regard
from time to time, the Commissioner of Prohibition and Excise, having due regard to
the 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 notification under Rule 5.
(1) Where it is proposed to grant licence to sell IMFL and FL by shop, the Licensing
Authority may call for application for grant of licences in the area / locality, as
approved by the Commissioner of Prohibition and Excise, by issuing a
notification in the District Gazette at least (7) seven days in advance of the date
of selection containing the following particulars, namely:-
(i) Serial number and name of the area/locality where the shop will be
established. In case of shops to be located in Scheduled Areas the same shall
be separately listed and serial numbered.
(ii) The place of selection with time and date.
(iii) The last date, time and place for receipt of applications.
(iv) The period of licence.
(v) Any other matter which may be considered by the licensing authority
necessary for information to the applicants.
6. Declaration etc.:
The applicant for grant of licence shall submit the following along with the
application, namely:-
(ii) A duly notarised affidavit in Form A-2 made on non-judicial stamp paper of
the requisite value as per the provisions of the Indian Stamp Act. 1899
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 five lakh rupees
or a Bank Guarantee for an equal amount.
(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, 1899 attested by the
Tahsildar or a Gazetted Officer of the Prohibition and Excise Department
declaring that he is not disqualified under any of the provisions of Rule 8.
7. Entry Pass:
No person other than the officers on duty and persons duly authorized by the
District Collector shall enter the place of selection without presenting an Entry Pass
which will be issued to the applicants who have already filed applications, duly
affixing his/her/their passport size photo(s).
(b) A person who has been convicted of any offences specified in clause (d) of
sub-section (1) of Section 31 of the Act in respect of which he has been
penalised or convicted within the preceding three 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 three years;
(d) A person who has been held guilty either 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.
10. Disqualifications:-
(1) No licence shall be granted to a person who is found ineligible under Rule 8
and who does not comply with the conditions prescribed under Rule 6.
(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.
(i) Demand Draft obtained from a scheduled bank drawn in favour of the
Licensing authority for Rs.25,000/-(Rupees twentyfive thousand
only) being non-refundable application fee.
(iii) Demand Draft for an amount equal to 10% of the licence fee subject
to a maximum of Rs.5,00,000/-towards earnest money deposit
drawn in favour of the Licensing Authority to be adjusted against the
licence fee payable if the shop licence is granted on selection of the
applicant or returned if the same is not granted or refused due to
any reason.
(iv) Declaration in Forms A-1 and A-3 and Affidavit in Form A-2
(vi) Application in Form A-4(A) for grant of licence for Permit Room at
places where the same is allowed under sub-rule (2) of rule- 25
(2) The envelope containing the application shall be superscribed with the
words ‘Application for the grant of licence in Form-A4 for the licence
period 20__ - 20__ to sell IMFL and FL by shop at_____ (Sl. No. of the
Gazette, Name of the Locality/area). The applicant may obtain
acknowledgment for the envelope presented.
(5) 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
Provided that if the District Collector considers that the selection process
should be postponed to a future date/time or shifted to a different venue
for any reason he may do so by recording the reasons there-for and after
notifying the same to the applicants.
(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
licence fees in the manner provided there for and grant the licence or if
not so satisfied, reject the application after recording the reasons there
for.
(d) Where there are more than one applications for a notified shop, the
selection among the eligible applicants for grant of licence shall be by
drawal of LOT by the Collector in the presence of the applicants who are
available at the time of selection.
(e) In case the selected applicant is not willing to take the licence, the
earnest money deposit submitted along with the application in the form
of Demand Draft shall stand forfeited to the Government.
(f) The successful applicant shall sign his name or affix his thumb impression
against the relevant entry in the register maintained for the purpose.
(g) Where the successful applicant is not available at the place of selection,
the earnest money deposit submitted along with the application in the
form of Demand Draft shall be forfeited and the selection process shall be
continued by taking a fresh LOT, if necessary. The procedure shall be
continued till the selection of applicant for the shop is finally made.
(7) The District Collector may, by order, reject any application on the ground that
the applicant has indulged in impersonation referred to under Rule-9.
(8) No person shall be entitled to hold licence for more than one shop. In the
event of a person being selected for a shop, all the other application(s) filed
by him in respect of any other shop(s) shall automatically become invalid and
the successful applicant, who has filed applications for more than one shop,
shall immediately inform the details of other applications filed by him so as to
declare them invalid.
When it comes to the notice of District Collector that any person at the place of
selection and during the time of selection 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 District Collector may cause his removal
from the place of selection.
Every applicant, who has been selected for the grant of licence, shall sign his
name or affix his thumb-impression against the relevant entry in the register
maintained for the purpose. The District Collector shall also obtain the signatures of
all the applicants in a separate register maintained for the purpose.
The selected applicant shall obtain licence in Form A-4 after fulfilling the
required formalities and satisfying the rules in respect of the premises where the
shop will be located.
16. Licence fee and privilege fee for retail shops, mode of levying and
method of payment:
(1) The annual licence fee for the shop licence (A-4) shall be levied on the basis
of population and at the rates notified by the Government from time to time.
(2) The licence fee shall be paid in one lumpsum or in three equal installments at
the option of the selected applicant.
(3) Where the selected applicant opts to pay the licence fee in installments,
he/she shall pay a sum equal to 1/3rd of the licence fee for the shop less the
amount remitted under sub-rule (1)(iii) of Rule-12 on the day of selection or
the succeeding working day by way of Challan. He/ she shall also submit two
Fixed Deposit Receipts or Bank Guarantees in Form A-5, each equal to 1/3rd
of the annual licence fee, valid for 5 months and 9 months respectively,
issued by a Scheduled Bank situated in Andhra Pradesh, within seven days of
his/her selection and obtain the licence. Before the successful applicant
obtains the licence he shall also show his immovable property in Form A-2
and sureties in Form A-2(S) as security put together for an amount equal to
the annual licence fee.
(4) The Licensee shall remit the 2nd installment sum equal to 1/3rd of the
annual licence fee, on or before 20th of October and furnish a fresh Bank
Guarantee for 1/3rd of the annual licence fee valid for 9 months. The
Licensee shall remit the 3rd installment sum equal to 1/3rd of the annual
licence fee on or before 20th of February.
(5) The licence fee shall be paid into the concerned Government treasury in
the District in which the licensed premises is located.
(7) All interest accruing on the fixed deposit receipts shall vest in the
Government and may be adjusted towards the Government dues including
interest, if any, outstanding against the Licensee and if there be no such
dues it shall be refunded to the Licensee at the end of the licence period.
(8) If a licence is surrendered in the middle of the licence period, the fixed
deposits/Bank Guarantees and the licence fee paid shall be forfeited to the
Government.
(9) The licensee shall be required to pay Privilege Fee @ 8%, plus applicable
Value Added Tax (VAT) thereon, on the Sale Price of IMFL and FL
purchased from APBCL when the cumulative value of his/her purchases
during the licence year exceeds six times of the annual Licence Fee
(1)The District Collector, with the approval of the Commissioner of Prohibition and
Excise, may permit the A.P.B.C.L. or a licensee of IMFL Manufactory/ Brewery
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.
(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. The outlets opened by a licensee of IMFL
Manufactory/ Brewery shall also pay the applicable licence fee and comply with
the other relevant provisions of this rule.
After being selected it shall be the duty of the selected applicant to execute a
counterpart agreement in conformity with the tenor of the licence in Form A-6 on a
stamp paper of requisite value as per the provisions of the Indian Stamp Act, 1899
before taking out a licence for the sale of IMFL and FL.
The counterpart agreement shall come into force with effect from the 1st July
of the licence period in case selection process is conducted on or before 1st July and
in case where the selection process takes place after 1st July, the counterpart
agreement shall come into force from the date of selection and remain valid for the
left over part of the licence period.
Mere selection of application does not entitle the applicant or confer on him
any right to commence business until the licence has actually been issued. It shall be
the responsibility of the successful applicant to execute the counterpart agreement
referred to in Rule 19 and also complete the other formalities contemplated in Rule
16 within the time specified and obtain a licence. If the successful applicant fails to
do so his selection shall stand cancelled automatically.
A licence granted under these rules for the period from 1st July, 2012 to 30th June,
2013 or part thereof shall be considered for renewal for the licence period 1st July,
2013 to 30th June, 2014 only subject to the applicant not incurring any
disqualification under Rule-8, completing all formalities under these rules and paying
the requisite licence fee, as may be notified by the Government at the appropriate
time for the said renewal period. There will however be no right to claim further
renewal of licence beyond 30th June, 2014.
A licence issued under these rules shall be only to the persons(s) named
there in and on his death the heir or legal representative may apply for continuance
of the licence in his/her name to the licensing authority within 30 days of the death
of the Licensee. If the licensing authority is satisfied he may continue the licence in
the name of the heir or legal representative of the deceased Licensee. In case the
selected applicant dies before grant of licence, the legal heir of the selected applicant
may be permitted to obtain the licence in the manner prescribed in Rules 16 and 19.
In case the legal heir of the selected applicant is not willing to obtain the licence
after fulfilling the formalities prescribed under Rule 16 and 19, the earnest money
deposit paid along with the application may be returned to the legal heir and the
shop shall be disposed of by fresh selection.
Provided that a licence granted after 1st July of the licence period shall be valid
for the remaining part of the licence period only.
Provided further that a licence granted for a part of a licence period shall be
for such period as may be specified by the licensing authority.
Provided also that every licence holder shall commence his business from 1st
July of the licence 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 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.
Provided that the holder of A-4 (B) Licence shall not be permitted to serve
liquor in loose and food to the consumers.
Explanation: For the purpose of this proviso a Gram 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 the concerned village
within 30 days of seeking the same.
(1) Subject to the approval of the Prohibition & Excise Superintendent the selected
applicant shall select suitable premises for sale of IMFL 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 Highways.
(a) “Place of public worship” means a temple registered with the Endowment
Department, Mosque 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 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 High way or State Highway and shall not
include the part of the National Highway or State Highway which passes
within the limits of Municipal Corporation, Municipality or the Gouthan 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 Licence in Form A-4 in places, whose population is 5000 and
above, shall be licensed in Form A-4(B) to have a Permit Room.
The premises selected for permit room must be adjacent to the existing A-4
Licensed premises and it must have a minimum plinth area of 15 sq.mts for
consumption of liquor with additional facilities of sanitation such as wash
basin, water closet and drinking water.
Provided also that the selected premises shall be at least 100mtrs away from
the places of public worship, educational institutions, hospitals and at least
50mtrs from high ways.
(3) The distances referred above shall be measured from the mid-point of the
entrance of the Licensed premises along the nearest path by which a
pedestrian would ordinarily reach the mid-point of the nearest gate of the
institution or a place of public worship, if there is a compound wall and if
there is no compound wall to the mid-point of the nearest entrance of the
Institution/ place of public worship.
(4) The boundaries of the premises shall be indicated in the licence.
(5) 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.
26. Licence Fee for Permit Room and method of payment:
The licence fee for a Permit Room shall be Rs.1,00,000/- for the licence period
or part thereof and is payable in lumpsum, in applicable cases, at the time of
completion of formalities under Rule-16.
(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 may be specified by the
Commissioner of Prohibition. & Excise, subject to payment of 1% of the licence
fee or Rs.25,000/- whichever is higher.
Provided that the Commissioner may consider and permit for valid reasons
shifting of the licensed premises, notwithstanding the notified area of the
licensed premises, 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 Commissioner and subject to payment of 1% of licence fee or
Rs.25,000/- whichever is higher.
(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
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 licensee shall remove or transfer any stock of IMFL/ FL from the godown
to the A-4 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 the sign board or IMFL in the licensed premises.
(vi) The licence fee 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 licence fee for godown licence may be paid
proportionately for such period and part of month shall be reckoned as whole
month.
34. Licensee not to stock unauthorized Indian Made Foreign Liquor and
Foreign Liquor:-
The Licensee shall not stock or sell in the licensed premises IMFL and FL 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 Licensee not to stock Indian Made Foreign Liquor or Foreign Liquor
at unauthorized place:-
The Licensee shall not stock IMFL and FL in any place other than the licensed
premises. The Licensee shall be held responsible for any IMFL and FL
unauthorisedly kept outside or nearby the licensed premises.
36. Licensee to sell Indian Made Foreign Liquor and Foreign Liquor of
specified Strength:-
The Commissioner of Prohibition and Excise may, authorize the sale of
any special brands of IMFL of weaker strength in a particular area, in a
particular category of liquor, if he is satisfied with the wholesomeness or purity
of such liquor.
The IMFL and FL offered for sale or stored in the licensed premises shall not be
substandard, deteriorated, spurious or adulterated and the Licensee shall not tamper
with the IMFL and FL in any manner so as to alter their quality, strength, nature or
quantity.
39. 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 tranquility;
(iv) Soldiers in uniform and the camp servants of military officers in their
uniform;
(v) Persons below (21) years of age.
40. Bottles for sale to carry labels:
41. Sale of only duty paid Indian Made Foreign Liquor and Foreign Liquor:-
(1) The Licensee shall sell only duty paid IMFL and FL
(2) The Licensee or his Nowkarnama holder appointed under Rule-44 shall
purchase IMFL and FL from the allotted depot of the APBCL only on such
terms as may be prescribed. However, the Commissioner of Prohibition &
Excise may permit the Licensee to purchase the requirement of IMFL and FL
from any other Depot of the APBCL.
The Licensee 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.
(1) No woman shall be employed for sale of IMFL and FL without the special
permission of the Commissioner of Prohibition and 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 inform N-1 on payment of a fee of Rs.1000/-
(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 Prohibition and Excise Superintendent,
by the Licensee, 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 Licensee.
(4) Every act of the authorized agent or servant shall be deemed to be an act of
the Licensee.
The Licensee shall open the boxes or packages of all IMFL and FL 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 authorized in
this behalf. 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.
47. No breakages or losses in transit allowed:-
The Licensee shall also maintain in the Daily Brand-wise account in Form R-2
and furnish a statement before the 5th of each month to the Prohibition & Excise
Superintendent and local Excise Inspector. The register shall be got
authenticated by the Prohibition & Excise Superintendent before use and the
pages machine numbered serially. Progressive usage of information technology
shall be done as directed by the Commissioner of Prohibition and Excise.
50. Entries in the daily accounts register:
The Licensee 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. Progressive usage of information technology shall be
done as directed by the Commissioner of Prohibition and Excise.
Any officer not below the rank of a Prohibition & 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
Licensee to offer reasonable assistance for such inspecting officers to inspect, verify
and to take samples. For any records removed from the premises, the Prohibition &
Excise officer should give a receipt or in the alternative make an entry in the
inspection book in this regard.
An inspection book inform I-1 with machine numbered pages shall be kept in
the shop for the use of the inspecting officers, and the Licensee 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 Prohibition & Excise officer concerned
on expiry of the licence period.
Every licence issued under these rules, either jointly or severally, to the
Licensee (s) named therein shall, on its expiry, be deemed to have been surrendered
by the Licensees to the Prohibition and Excise Superintendent.
Declaration
I, _____ s/o _________ age ____ () Years ____ R/o _______ village/
Town/ Mandal__________________ District_____________do hereby agree that if
the licence for sale of Indian Made Foreign Liquor and Foreign Liquor by ‘shop’ for
the licence period 20____to 20____is granted in my favour, I shall remit the
licence fee as required under Rule-16 of the Andhra Pradesh Excise (Grant of licence
of selling by shop and conditions of licence) Rules, 2012.
I shall abide by the terms and conditions of the Andhra Pradesh Excise (Grant
of licence of selling by shop and conditions of licence) Rules, 2012. In particular I
shall abide by the provisions of Rule-42 relating to selling of IMFL and FL at a price
not exceeding the Maximum Retail Price.
Signature
3. I hereby declare that I am the absolute owner/ joint owner having share to
an extent indicated below of the immovable properties mentioned below and I am
in sole / joint possession and enjoyment of these properties in my right and there
are no encumbrances or liabilities on those properties.
Solemnly and sincerely affirmed this ___ day of ___20____ the contents of
this affidavit having been read over audibly and explained to the deponent who
having understood the same put his signature/ thumb-impression in my presence at
_____(time) on (date)________.
Before me
Attestor
(NOTARY)
FORM A-2(S)
(See Rule 16 (iii))
Surity bond cum Affidavit
(To be filled by a surety)
3. I hereby declare that I am the absolute owner/ joint owner having share to an
extent indicated below of the immovable properties mentioned below and I
am in sole / joint possession and enjoyment of these properties in my right
and there are no encumbrances or liabilities on those properties.
(5) I hereby undertake that in case the Licensee making default in payment of the
licence fee under Rule 19 of the said rules I bind myself to forfeit the property shown
in column No.4 of Para 3 above to the Government the value of which is a sum of
Rs.________.
Witnesses:
1.
2.
Solemnly and sincerely affirmed this ___ day of ___20____ the contents of
this affidavit having been read over audibly and explained to the deponent who
having understood the same put his signature/ thumb-impression in my presence at
_____(time) on (date)________.
Before me
Attestor
(NOTARY)
(See Rule 6(iii))
Declaration
Signature
Attesting officer
DISTRICT
Specimen
signature of
the entry pass Holder
FORM A-3 (A)
APPLICATION FOR GRANT OF A4 LICENCE ___________ AS NOTIFIED IN THE
DISTRICT
(Rule 12)
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
licence may be cancelled and I may be prosecuted as per the Andhra Pradesh Excise
Act, 1968 or the Rules thereunder.
Date :
FORM A-4
(See Rule 15)
Licence for the sale of Indian Made Foreign Liquor and Foreign Liquor by
shop
BOUNDARIES
Locality________________ village/ town within the marginally noted
boundaries during the period commencing from the_______________ and ending
with the 30th June, 20____
East:
West:
North:
South:
1. The privilege extends to the sale of all kinds of Indian Made Foreign Liquor and
Foreign Liquor which can be sold for removal from the licensed premises in
sealed receptacles in quantities not exceeding 6 Quarts in respect of Indian Made
Foreign Liquor and Foreign liquor other than Beer and 12 bottles in respect of
Beer in one transaction to an unlicensed person.
The Licensee can also sell stocks of IMFL/ FL to the holder of licence 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 or mixing any material therewith and from blending another
kind of Indian Made Foreign Liquor with it or to keep to his possession other than
liquor authorised under this licence.
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 Indian Made Foreign Liquor and Foreign Liquor sold under this licence shall be
duty paid and obtained from the IML Depot of the Andhra Pradesh Beverages
Corporation Limited as allotted by the Licensing Authority.
6. The Licensee shall sell only duty paid Indian Made 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 Prohibition & Excise
Superintendent statistics showing the consumption of all kinds of Indian Made
Foreign Liquor and Foreign Liquor separately.
8. This licence 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 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
Application for grant of privilege in Form A-4(B) for Permit Room for
consumption of Indian Made Foreign Liquor/Foreign Liquor
[Affix requisite value as per the provisions of the Indian Stamp Act, 1889,
as amended from time to time]
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 licence may be cancelled and I may be prosecuted as per
provisions of the Andhra Pradesh Excise Act, 1968 or the rules thereunder.
District :
Licence for Permit Room attached to A-4 shop for permitting consumption of
Indian Made Foreign Liquor / Foreign Liquor.
BOUNDARIES
East
West
North
South
Conditions:
Dated: day of 20
(Affix requisite value as per the provisions of the Indian Stamp Act, 1889 as
amended from time to time).
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 licence may be cancelled and I may be prosecuted as per provisions of the
Andhra Pradesh Excise Act, 1968 or the rules thereunder.
District:
Licence for Godown attached to A-4 shop for permitting storage of IMFL/Beer.
BOUNDARIES
Conditions:
i. The Licensee shall be bound by the provision of the A P Excise (Grant of licence
of selling by shop and conditions of Licence) Rules, 2012 and as amended from
time to time and also by the following special conditions.
ii. The privilege conferred herein extends only for allowing storage of Indian Made
Foreign Liquor/Foreign Liquor supplied by APBCL and sold by the A-4 shop.
iii. The licence is not transferable.
iv. The licence shall be subject to cancellation or suspension at will by the
Commissioner of Prohibition. & Excise.
v. The Licensee shall not act in any manner prejudicial to the interests of the
revenues of the Government.
Dated: day of 20
(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.
(4) The Government is free to demand the amount guaranteed either completely
or in parts as it may suit them.
(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.
Date:____________
1) District,
2) Mandal,
3) Village Here affix
4) (i) Name of the shop Photograph, of
(ii) Number of the licence & Date.
the agent or the
5) (i) Name of the Licensee
(ii) Address, Authorised
Servant.
6) (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,
7) Signature or thumb impression of the Agent or the authorised servant.
8) Signature or thumb impression of the Licensee
Seal:
Place:
Date: Prohibition and Excise Superintendent
Note:-
1. The agent or the authorised servant shall sign or affix his thumb impression
before the Prohibition and Excise Superintendent
2. Prohibition and Excise Superintendent shall attest the signature or thumb
impression and also sign across the Photograph of the agent/ authorised
servant under his official seal in token of its correctness,
3. The Nowkarnama shall be issued induplicate and the duplicate retained in
the Office of the Prohibition and Excise Superintendent
FORM R-1
(See Rule- 48)
DAILY ACCOUNT REGISTER
(Separate page should be set apart for each type of liquor with an index in the front
page of the Register)
1 2 3 4 5 6 7 8
Balance
No. of Quarts,
Bottles Pints, Signature of
Nips, No.of date of T.P. the Remarks
Dips In respect of receipts Licensee
Shown in col.5, 6
9 10 11 12 13
FORM R-2
(See Rule – 49 )
Daily Brand-wise Account Register.
(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
Licence No. and Date
15 16 17 18 19
FORM I-1
Inspection Book
(See Rule - 54)
1) Date of Inspection,
2) Time of Inspection,
3) Name of the Officer Inspecting with his designation,
4) Quantity of liquors as per stock books,
5) Quantity found actually in stock,
6) Difference if any, and the reasons given by the Licensee
7) General conditions of the licensed premises,
8) Other remarks or directions, if any,
ASUTOSH MISHRA
PRINCIPAL SECRETARY TO GOVERNMENT
To
The Commissioner of Printing and Stationery & Stores Purchasing,
Hyderabad(he is requested to publish the same in the Extraordinary Gazette,
dated.__06.2012 and furnish 500 copies of each to Government and
Commissioner of Prohibition and Excise and 50 copies to commissioner of
Information & Public Relation Department, Hyderabad)
The Commissioner of Prohibition and Excise, Hyderabad.
The PS to Special Secretary to CM.
The Law(E) Department.
SF/SC.
// FORWARDED BY ORDER //
SECTION OFFICER
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Rules – The Andhra Pradesh Excise (Grant of licence of selling by shop
and conditions of licence) Rules, 2012 – Amendments – Orders – Issued.
---------------------------------------------------------------------------------
REVENUE (EXCISE-II) DEPARTMENT
G.O.Ms.No.357. Dated:22.06.2013
Read the following:
M.G. GOPAL,
PRINCIPAL SECRETARY TO GOVERNMENT (FAC)
To
The Commissioner of Printing and Stationery and Stores Purchase,
Hyderabad
(He is requested to furnish 500 copies to Government and 1000
copies to the Commissioner of Prohibition & Excise, A.P,Hyderabad
and 50 copies to Special Commissioner of Information and Public
Relations, Hyderabad.)
Contd.P.2.
::2::
SECTION OFFICER
GOVERNMENT OF ANDHRAPRADESH
ABSTRACT
Rules – The Andhra Pradesh Excise (Grant of licence of selling by shop and
conditions of licence) Rules, 2012 – Amendments – Orders – Issued.
-----------------------------------------------------------------------------------------
REVENUE (EXCISE-II) DEPARTMENT
G.O.Ms.No.264. Dated:22 .06.2014
Read the following:
NOTIFICATION
AMENDMENT
“A license granted under these rules for the period from 1st July of one year to 30th
June of the succeeding year or part thereof shall not be considered for
renewal for the subsequent year.”
S.P. SINGH
PRINCIPAL SECRETARY TO GOVERNMENT
To
The Commissioner of Printing and Stationery and Stores Purchase,
Hyderabad(He is requested to furnish 500 copies to Government
and 1000 copies to the Commissioner of Prohibition & Excise,
A.P,Hyderabad and 50 copies to Special Commissioner of
Information and Public Relations, Hyderabad.)
The Commissioner of Prohibition and Excise,
Andhra Pradesh, Hyderabad.
Copy to:
The PS to Prl.Secy to CM.
The PS to Minister for Excise and Prohibition
The PS to Prl.Secy to Govt.
SF/SCs.
//FORWARDED:: BY ORDER//
SECTION OFFICER
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Rules – The Andhra Pradesh Excise (Grant of licence of selling by shop and
conditions of licence) Rules, 2012 – Amendments – Orders – Issued.
----------------------------------------------------------------------------------
REVENUE (EXCISE-II) DEPARTMENT
G.O.Ms.No.218 Dated:22.06.2015.
Read the following:
1. G.O.Ms. No.391, Rev (Ex.II) Dept, dated:18.06.2012
2. G.O.Ms. No.357, Rev (Ex.II) Dept, dated:22.06.2013
3. G.O.Ms. No.216, Rev (Ex.II) Dept, dated:22.06.2015
4. G.O.Ms. No.217, Rev (Ex.II) Dept, dated:22.06.2015
5. From the Commr.of Prohibition & Excise, A.P., Hyderabad,
D.O.Lr.in Cr.No.999/2015/CPE/E3, Dated: 22.06.2015.
****
O R D E R:
The following notification will be published in an Extra-ordinary Issue
of the Andhra Pradesh Gazette, dated the 22nd June, 2015.
NOTIFICATION
In exercise of the powers conferred under section 72 read with
sections 17, 28 and 29 of the Andhra Pradesh Excise Act, 1968 (Andhra
Pradesh Act 17 of 1968), the Governor of Andhra Pradesh hereby makes
the following amendments to the Andhra Pradesh Excise (Grant of licence
of selling by shop and conditions of licence) Rules, 2012 issued in
G.O.Ms.No.391, Revenue (Ex.II) Department, dated the 18th June, 2012
and published in the Andhra Pradesh Gazette in Rules Supplement to part
II, Extraordinary No.1, dated the 18th June, 2012 and amended from time
to time:
AMENDMENTS
In the said rules:
1. In Rule 2 sub rule (1), after clause (h), the following shall be
inserted :
(hh) “Hybrid Hyper Market” or “Mall“ means a large business
complex which contains a variety of walk-in store(s) housed
in one large building or buildings with a minimum plinth area
of 10,000 Sft, situated within a compound and is owned by
single firm / company having multiple licences to sell various
commodities”.
2. In Rule 3, after sub rule (2), the following shall be added as sub Rule 3 :
4. In Rule 12, sub rule (1), clause (i), the following shall be substituted :
(a) Challan for Rs 30,000/- (Rupees Thirty thousand Only) in
respect of A4 Shops located in Villages and in their 1 KM
belt area from the periphery, towards non-refundable
application fee.
..2.
:: 2 ::
5. In Rule 12, sub rule (1) clause (ii) after the words “Two recent pass
port size photographs” the words “along with Photostat copies of
AADHAR card, PAN card, 2 years’ Income Tax returns / 2 years’ VAT
returns” shall be added.
6. In Rule 12, sub rule (1) clause (iv) after the words ‘Declaration in
Form A- 1 & A-3”, the words “and affidavit in Form A-2” shall be
deleted.
7. In Rule 12, sub rule (6) clause (d), the following shall be
substituted:
“Where there are more than one application for a Notified
shop, the selection among the eligible applicants for grant
of licence shall be by drawal of LOT by the Collector,
irrespective of the presence of the applicants”.
8. In Rule 12, sub rule (6) the following new clause as (dd) shall be added
after clause (d)
“the Collector, after selecting the applicant in respect of an
A4 shop, may continue drawl of lots and select not more
than two applicants from among the remaining applicants
as reserve applicant(s), who may, subject to the provisions
of these rules, be allotted the A4 shop, in case the applicant
selected first fails to comply with the conditions laid down
in these rules on the day of drawl of lots or subsequently.”
9. In Rule 12, after sub rule (8)the following proviso shall be added:
“Provided that the Commissioner of Prohibition & Excise
may grant more than one licence to the persons
representing Hybrid Hyper Markets, Malls, Co-operative
Societies and Corporations owned by the State
Government.”
10. In Rule 16, sub rule (2) the following shall be substituted:
“The licensee shall pay the licence fees for the two years
licence period either in one lumpsum or in six equal
Instalments at his option.”
11. In Rule 16, sub rule (3), the following shall be substituted:
“ Where the selected applicant opts to pay the annual
licence fee in instalments, he/she shall pay a sum equal to
1/3rd of the annual licence fee for the shop less the amount
remitted under sub-rule (1)(iii) of Rule-12 on the day of
selection or the succeeding working day by way of Challan.
He/ she shall also submit five Fixed Deposit Receipts or
Bank Guarantees in Form A-5, each equal to 1/3rd of the
annual licence fee, valid for 5 months, 9 months, 13
months, 18 months and 21 months respectively, issued by a
Scheduled Bank situated in Andhra Pradesh, within seven
days of his/her selection and obtain the licence.
..3.
:: 3 ::
14. In Rule 18, after the words “ Sale by outlets of APBCL” the
following words shall be inserted:
“Corporations owned by the State Government/
Co-operative Societies”
15. In Rule 18, sub rule (1) after the words “The District Collectors,
with the approval of the Commissioner of Prohibition & Excise may
permit the APBCL” the following words shall be inserted :
“Corporations owned by State Government, Co-
operative societies / Hybrid Hyper Markets / Malls”
16. In Rule 18, sub rule (2), after the words “The Commissioner of
Prohibition & Excise may permit the APBCL” the following words
shall be inserted :
“Corporations owned by State Government,Co-
operative societies / Hybrid Hyper Markets / Malls”
17. In Rule 23, sub rule (1), for the expression “one year”, the
expression “two years” shall be substituted.
18. In Rule 25, sub rule (1) clause (a) after the words “ Place of
Public worship” means a temple registered with the Endowment
Department, Mosque registered with Wakf Board and Church”
the following words shall be inserted.
... 4.
:: 4 ::
19. In Rule 25, after the Sub Rule (2) the following proviso
shall be added:
AJEYA KALLAM
SPECIAL CHIEF SECRETARY TO GOVERNMENT
To
The Commissioner of Printing and Stationery and Stores Purchase,
Hyderabad
(He is requested to furnish 500 copies to Government and
1000 copies to the Commissioner of Prohibition & Excise, A.P,
Hyderabad and 50 copies to Special Commissioner of
Information and Public Relations, Hyderabad.)
The Commissioner of Prohibition and Excise, Andhra Pradesh, Hyderabad.
Copy to:
The PS to Prl.Secy to CM.
The OSD to Minister for Prohibition and Excise.
The PS to Spl CS to Govt. (Rev)
The Law (E) Department
SF/SCs.
//FORWARDED:: BY ORDER//
SECTION OFFICER
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
ORDER:
NOTIFICATION
AMENDMENTS
2. In Rule 2, sub-rule (1), for clause (n) the following shall be substituted:
3. In Rule 2, sub-rule (1), in clause (w) after the words, “APBCL Depot”
the following words shall be inserted:
Contd.P.2.
:: 2 ::
8. In Rule 41, after the words “APBCL” the following words shall be
inserted:
“/Government Wholesale Depot/Depot of any Corporation
owned by the State Government.”
10. In Rule 45, after the words “Andhra Pradesh Beverages Corporation
Limited Depot” the following shall be inserted:
11. In Rule 52, after the words “APBCL” the following shall be inserted:
“/Government Wholesale Depot/Depot of any Corporation
owned by the State Government.”
Contd. P.3..
:: 3 ::
12. In Condition No.5, of Form A-4 after the words “A.P. Beverages
Corporation Ltd.,” the following shall be inserted:
“/Government Wholesale Depot/Depot of any Corporation
owned by the State Government.”
13. In Condition No.2, of Form A-4 (B) after the words “APBCL” the
following shall be inserted:
“/Government Wholesale Depot/Depot of any Corporation
owned by the State Government.”
14. In Condition No.ii, of Form A-4 (AG) after the words “APBCL” the
following shall be inserted:
AJEYA KALLAM
SPECIAL CHIEF SECRETARY TO GOVERNMENT
To
The Commissioner of Printing and Stationery and Stores Purchase, Hyderabad
(He is requested to furnish 500 copies to Government and 1000 copies
to the Commissioner of Prohibition & Excise, A.P, Hyderabad and 50 copies
to Special Commissioner of Information and Public Relations, Hyderabad.)
The Commissioner of Prohibition and Excise, Andhra Pradesh, Hyderabad.
Copy to:
The Law (E) Department
The PS to Prl.Secry to CM.
The OSD to Minister for Excise and Prohibition
The PS to Spl. CS to Govt.
The President,
Andhra Pradesh State Wine Dealers Association,
C-4, Matrusri Appartments, Hyderaguda, Hyderabad
SF/SCs.
//FORWARDED:: BY ORDER//
SECTION OFFICER
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Rules-The Andhra Pradesh Excise (Grant of licence of selling by shop and conditions
of licence) Rules, 2012- Amendments – Orders - Issued.
-----------------------------------------------------------------------------------------
REVENUE (EXCISE-II) DEPARTMENT
***
ORDER:
NOTIFICATION
In exercise of the powers conferred under section 72 read with sections 17,
28 and 29 of the Andhra Pradesh Excise Act, 1968 (Andhra Pradesh Act 17 of
1968), the Government of Andhra Pradesh hereby makes the following
amendments to the Andhra Pradesh Excise (Grant of licence of selling by shop and
conditions of licence) Rules, 2012 issued in G.O.Ms.No.391 Revenue (Ex.II)
Department, Dt.18th June, 2012 and published in Andhra Pradesh Gazette in Rules
Supplement to part II, Extraordinary No.1, dated the 18th June, 2012 and amended
from time to time:
AMENDMENTS
(iii) The last date, time and place for receipt of applications.
No person other than the officers on duty and persons duly authorized
by the District Collector shall enter the place of selection without
presenting an Entry pass in Form E-1, which is system generated and
signed by authorized signatory and issued to the applicants who have
already registered and filed applications, duly affixing his/her/their
passport size photo(s).”
(1) (a) The applicant shall enrol through online for registration with
the licensing authority by filling an application in Form-A3(A) for
participating in the selection process of Shop.
(ii) Two recent pass port size photographs along with Photostat copies
of AADHAR card, PAN card, 2 years' Income Tax returns/2 years'
VAT returns.
(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.
(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 licence fees in the manner provided there for and
grant the licence or if not so satisfied, reject the application after
recording the reasons there for.
[(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 drawal of LOT by the Collector, irrespective of the presence
of the applicants.
(e) In case the selected applicant is not willing to take the licence, the
earnest money deposit submitted along with the application in the
form of Demand Draft shall stand forfeited to the Government.
(f) 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-9.
(10) No person shall be entitled to hold licence for more than one shop.
In the event of a person being selected for a shop, all the other
application(s) filed by him in respect of any other shop(s) shall
automatically become invalid and the successful applicant, who has
filed applications for more than one shop, shall immediately inform
the details of other applications filed by him so as to declare them
invalid.
The selected applicant shall submit application in Form A-4(A) for grant
of license for permit room under sub-Rule 2 of Rule 25 and shall obtain
license in Form A-4 after fulfilling the required formalities and satisfying
the rules in respect of the premises where the shop will be located.”
(1) for sub-rule (1), under the proviso, for words “31st July” the words “
30th April or 31st July, as the case may be” shall be substituted.
(3) (a) Where the selected applicant opts to pay the licence fee in
three instalments, he/she shall pay the license fee for the first three
months period from 1st April to 30th June of the first year for the shop
less the amount remitted under sub-rule (2)(iii) of Rule-12 on the day
of selection or the succeeding working day by way of Challan. He/ she
shall also submit two Fixed Deposit Receipts or Bank Guarantees in
Form A-5, each equal to the annual licence fee, valid for 4 months and
16 months respectively issued by a Scheduled Bank situated in Andhra
Pradesh, within fifteen days of his/her selection and obtain the licence.
(b) Where the selected applicant opts to pay the licence fee in two
instalments, he/she shall pay the annual license fee for the first year
of the license period for the shop less the amount remitted under sub-
rule (2)(iii) of Rule-12 on the day of selection or the succeeding
working day by way of Challan. He/ she shall also submit a Fixed
Deposit Receipt or Bank Guarantee in Form A-5, equal to the annual
licence fee, valid for 16 months issued by a Scheduled Bank situated in
Andhra Pradesh, within fifteen days of his/her selection and obtain the
licence.
Provided that the District Collector may, at his discretion for valid and
genuine reasons that may be recorded in writing, grant extension of
time not exceeding seven working days to the selected applicant for
submission of Fixed Deposit Receipt or Bank Guarantee in Form A-5
and obtain the Licence.”
(4) (a) The Licensee of a shop, the license period of which commences
from 1st April shall remit the 2nd instalment sum equal to the annual
licence fee, on or before 20th June of the first year.
(b) The Licensee of a shop, the license period of which commences
from 1st July shall remit the 2nd instalment sum equal to the annual
licence fee, on or before 20th June of the succeeding year.
(d) The licensee shall also remit Rs.5,00,000/- (Rupees Five lakhs
only) towards non refundable re-registration charge on or before 20th
June of the succeeding year.
The first applicant shall continue to be responsible for the licence fee of that
shop till the next successful applicant takes over.”
After being selected it shall be the duty of the selected applicant to execute a
counterpart agreement in conformity with the tenor of the licence in Form A-
6 on a stamp paper of requisite value as per the provisions of the Indian
Stamp Act, 1899 before taking out a licence for the sale of IMFL and FL.
st
“ The counterpart agreement shall come into force with effect from the 1
st
April or 1 July, as the case may be, of the licence period in case selection
st
process is conducted on or before 1 April and in case where the selection
st
process takes place after 1 April, the counterpart agreement shall come into
force from the date of commencement of license period and remain valid for
the left over part of the licence period.”
“A license granted under these Rules for the period from 1st April or 1st
July of an year for a period of 27 months or 24 months, as the case may be,
or part thereof shall not be considered for renewal for the subsequent
year(s).”
15. for rule 23, the following shall be substituted, namely,-
“(1) Every licence granted for a period of twenty seven months shall
commence from 1st April and the license granted for a period of twenty four
months shall commence from 1st July.
Provided that a licence granted after 1st April 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 1st April or 1st July, as the case may be, of the licence 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 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.”
(b) “No shop for the sale of liquor shall be (i) visible from a national or
state highway (ii) directly accessible from a national or state highway
and (iii) 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”.
Provided that the selected premises for permit room shall be at least
100mtrs away from the places of public worship, educational
institutions and hospitals.
Provided further that the selected premises for permit room shall not
be (i) visible from a national or state highway (ii) directly accessible
from a national or state highway and (iii) 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”.
“ 26. Non refundable Registration Charge and License Fee for Permit
Room and method of payment:-
The Non refundable Registration Charge and the license fee for a Permit
Room shall be Rs.5,00,000/- and Rs.10,000/- respectively for the license
period or part thereof and is payable in lumpsum, at the time of completion
of formalities under Rule-16.”
(ii) for proviso under the rule, the following shall be substituted, namely,-
“(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 months in the forms as may be fixed by the Commissioner to
the Prohibition and Excise Superintendent and local Prohibition and Excise
Inspector. All registers should be got authenticated before use by the
Prohibition and Excise Superintendent. Progressive usage of information
technology shall be done as directed by the Commissioner of Prohibition
and Excise.
(2) The licensee shall install the required equipment for effective
implementation of HPFS and required machinery for reading of
Holographic Excise Adhesive Labels (HEAL).”
20. For form A-3 (A), the following form shall be substituted, namely,-
Affix passport
size
[Bar code] photograph of
the applicant
GAZETTE No.______ DATED ______
DISTRICT :
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 8 of the A.P. Excise
(Grant of license of selling by shop and conditions of license) Rules 2012.
Date:
21. For Entry pass form, the following shall be substituted, namely,-
Form – E1
ENTRY PASS
____________ DISTRICT
(See Rule 7)
[Bar code]
Affix Passport
Size
Photograph
of the
Serial No. ( ) Date :
Applicant
(To contain Gazette Sl. No. of the shop with
token Sl.No.)
Authorized signatory
by authorized signatory
REGISTRATION CERTIFICATE
[Bar code]
This certifies that the applicant has registered with the licensing authority, duly
paying the non-refundable registration charge as required under the Rule 12 of A.P.
Excise (Grant of license of selling by shop and conditions of license) Rules 2012 for
participation in the selection process for the above said Shop.
Authorized signatory
AJEYA KALLAM
CHIEF SECRETARY TO GOVERNMENT &
SPECIAL CHIEF SECRETARY (CT, P&E, R&S)
To
The Commissioner of Printing and Stationery and Stores Purchase, Vijayawada (He
is requested to furnish 500 copies to Government and 1000 copies to the
Commissioner of Prohibition & Excise, A.P, Hyderabad and 50 copies to Special
Commissioner of Information and Public Relations, Vijayawada.)
The Commissioner of Prohibition and Excise, Andhra Pradesh, Vijayawada.
Copy to:
The Law (H) Department
The PS to Spl. CS to CM.
The OSD to Minister for Excise and Prohibition
The PS to Spl. CS to Govt.
//FORWARDED :: BY ORDER//
SECTION OFFICER
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Rules-The Andhra Pradesh Excise (Grant of licence of selling by shop and conditions of
licence) Rules, 2012- Amendments – Orders - Issued.
-----------------------------------------------------------------------------------------------------
REVENUE (EXCISE-II) DEPARTMENT
G.O.MS.No. 115 Dated: 23-03-2017
Read the following:
1)
GO Ms.No.391 Rev. (Ex.II) Dept., Dt.18.06.2012.
2)
GO Ms.No.357 Rev. (Ex.II) Dept., Dt.22.06.2013.
3)
G.O.Ms No.264, Rev (Ex.II) Dept, dated:22.06.2014.
4)
G.O.Ms.No.216 Rev (Ex-II) Dept. dt.22-06-2015.
5)
G.O.Ms.No.217 Rev (Ex-II) Dept. dt.22-06-2015.
6)
G.O.Ms.No.218 Rev (Ex-II) Dept. dt.22-06-2015.
7)
G.O.Ms No.265, Rev (Ex.II) Dept, dated:13.07.2015.
8)
Orders of Hon’ble Supreme Court of India, Dated.15.12.2016 in Civil
Appeal Nos.12164-12166 of 2016.
9) From the Commissioner of Prohibition & Excise, A.P., Letter
Cr.No.1/Shop policy for 2017-19/2017/E3, Dt:06-03-2017.
10) From the Commissioner of Prohibition & Excise, A.P., Letter
Cr.No.1/Shop policy for 2017-19/2017/ Dt:14-03-2017.
11) G.O.Ms No.112, Rev (Ex.II) Dept, dated:22.03.2017.
12) ) From the Commissioner of Prohibition & Excise, A.P., Letter
Cr.No.1/Shop policy for 2017-19/2017/ Dt:23-03-2017.
***
ORDER:
In form A-3 (B), for item No.10, the following form shall be substituted, namely,-
***
ORDER:
NOTIFICATION
AMENDMENTS
2. in rule 16,
(i) in sub-rule 3, in clause (a), for the words “each equal to the
annual licence fee, valid for 4 months and 16 months respectively”,
the words “the first equal to the annual license fee valid for 4
months and the second equal to nine months license fee valid for
16 months” shall be substituted.
(ii) in sub-rule 4, in clause (c), for the words “the annual licence
fee”, the words “nine months licence fee” shall be substituted.
3. in rule 21, for the expression “27 months or 24 months”, the expression
“24 months” shall be substituted.
Provided that a licence granted after 1st April of the licence period
shall be valid for the remaining part of the licence period only.
5. In Form A-4, for the expression “30th June, 20___” the expression “31st
March / 30th June, 20__” shall be substituted.
6. In Form A-4(B), for the expression “30th June, 20___” the expression “31st
March / 30th June, 20__” shall be substituted.
7. In Form A-4(AG), for the expression “30th June, 20___” the expression
“31 March / 30th June, 20__” shall be substituted.
st
8. In Form A-6, for the expression “1st July, ____ to the end of June ____”
the expression “1st April / 1st July ___ to the end of March / June___” shall be
substituted.
9. In form A-3 (B), for item No.10, the following form shall be substituted,
namely,-
AJEYA KALLAM
CHIEF SECRETARY TO GOVERNMENT &
SPECIAL CHIEF SECRETARY (CT, P&E, R&S)
To
The Commissioner of Printing and Stationery and Stores Purchase, Vijayawada
(He is requested to furnish 500 copies to Government and 1000 copies to the
Commissioner of Prohibition & Excise, A.P, Vijayawada and 50 copies to Special
Commissioner of Information and Public Relations, Vijayawada.)
The Commissioner of Prohibition and Excise, Andhra Pradesh, Vijayawada.
Copy to:
The PS to Spl. CS to CM.
The OSD to Minister for Excise and Prohibition
The PS to Spl. CS to Govt.
//FORWARDED :: BY ORDER//
SECTION OFFICER
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
ORDER:
NOTIFICATION
AMENDMENTS
(i) in clause (a), for the words “Challan” the words “Challan /
Demand Draft drawn in favour of licensing authority” shall be
substituted.
(ii) in clause (b), for the words “Challan” the words “Challan /
Demand Draft drawn in favour of licensing authority” shall be
substituted.
(iii) in clause (c), for the words “Challan” the words “Challan /
Demand Draft drawn in favour of licensing authority” shall be
substituted.
P.T.O
::2::
(iv) in clause (d), for the words “Challan” the words “Challan /
Demand Draft drawn in favour of licensing authority” shall be
substituted.
AJEYA KALLAM
CHIEF SECRETARY TO GOVERNMENT &
SPECIAL CHIEF SECRETARY (CT, P&E, R&S)
To
The Commissioner of Printing and Stationery and Stores Purchase, Vijayawada
(He is requested to furnish 500 copies to Government and 1000 copies to the
Commissioner of Prohibition & Excise, A.P, Vijayawada and 50 copies to Special
Commissioner of Information and Public Relations, Vijayawada.)
The Commissioner of Prohibition and Excise, Andhra Pradesh, Vijayawada.
Copy to:
The PS to Spl. CS to CM.
The OSD to Minister for Excise and Prohibition
The PS to CS to Govt & Spl.CS(CT, P&E, R&S).
//FORWARDED :: BY ORDER//
SECTION OFFICER
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Rules - The Andhra Pradesh Excise (Grant of licence of selling by shop and
conditions of licence) Rules, 2012- Amendments – Orders - Issued.
-------------------------------------------------------------------------------------
REVENUE (EXCISE-II) DEPARTMENT
G.O.Ms.No.158 Dated.28.04.2017
Read the following:
***
ORDER:
NOTIFICATION
AMENDMENT
In the said rules, in rule 16 in sub-rule (3), for clause (b) the
following shall be substituted, namely,-
(b) Where the selected applicant opts to pay the licence fee in two
instalments, he / she shall pay the annual license fee for the
first year of the license period for the shop less the amount
remitted under sub-rule (2)(iii) of Rule-12 on the day of
selection or the succeeding working day by way of Challan. He /
she shall also submit a Fixed Deposit Receipt or Bank Guarantee
in Form A-5, equal to the annual licence fee, valid for 13 months
commencing from 1st July issued by a Scheduled Bank situated
in Andhra Pradesh, within two and half months of his/her
selection and obtain the licence.
J.C.SHARMA
SPECIAL CHIEF SECRETARY TO GOVERNMENT (FAC)
To
The Commissioner of Printing and Stationery and Stores Purchase,
Vijayawada (He is requested to furnish 500 copies to Government and 1000
copies to the Commissioner of Prohibition & Excise, A.P, Vijayawada and 50
copies to Special Commissioner of Information and Public Relations,
Vijayawada.)
The Commissioner of Prohibition and Excise, Andhra Pradesh, Vijayawada.
Copy to:
The PS to Minister for Excise and Prohibition
The PS to Spl.CS to Govt., (CT, P&E, R&S).
//FORWARDED :: BY ORDER//
SECTION OFFICER