The Telangana Excise (Grant of Licence of Selling by Shop and Conditions of Licence) Rules, 2012 – Amendments
GOVERNMENT
OF TELANGANA
ABSTRACT
RULES –
The Telangana Excise (Grant of Licence of Selling by Shop and Conditions
of
Licence) Rules, 2012 – Amendments – Orders – Issued.
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REVENUE
(EXCISE-II) DEPARTMENT
G.O.MS.No. 163 Dated: 11/09/2015.
Read the
following:-
1.
G.O.Ms.No.391, Rev (Ex.II) Dept., dt.18.6.2012
2.
G.O.Ms.No.85, Rev (Ex.II) Dept., dt.26.5.2015
3.
Govt.Memo.No.175055/Ex.II(1)/2015-1, dt.7.9.2015
4. From
the CPE, TS, Hyd., Lr.No.4500/2015/CPE/TS/F4, dt.8.9.2015
*
* *
O R D E
R:
The following notification shall be
published in an Extra-ordinary issue of the
Telangana
State Gazette, dated the 11-9-2015.
NOTIFICATION
In
exercise of the powers conferred by section 72 read with sections 17, 28
and 29 of
the Andhra Pradesh Excise Act, 1968 (Andhra Pradesh Act 17 of 1968) as
adapted
to the State of Telangana vide G.O.Ms.No.162, Revenue (Ex.II)
Department,
dated 10.9.2015, the Governor of Telangana hereby makes the
following
amendments to the Telangana 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 18th June 2012 and
published in Andhra Pradesh Gazette in
Rules
Supplement to part II, Extraordinary No.1, dated the 18th June, 2012 as
adapted
to the State of Telangana vide G.O.Ms.No.85, Revenue (Excise-II) Dept.,
dated
29.6.2015 and amended from time to time:
AMENDMENTS
In the
said Rules,
1.
Throughout the Rules,
(a) for
the words "Indian Liquor” the words "Indian Made Foreign
Liquor”
shall be substituted.
(b) for
the words, "Telangana Beverages Corporation Limited”, the
word
"Telangana State Beverages Corporation Limited” shall be
substituted.
(c) for
the words "APBCL” and “Andhra Pradesh Beverages
Corporation
Limited" the words "Telangana State Beverages
Corporation
Limited” shall be substituted.
2.
Throughout the Rules and forms / schedules annexed, for the words
“Andhra
Pradesh Excise (Grant of licence of selling by shop and conditions of
licence)
Rules 2012” the words “Andhra Pradesh Excise (Grant of licence of
selling
by shop and conditions of licence) Rules, 2012 (Telangana Adaptation
Order)
2015” shall be substituted.
3.
Throughout the rules, all the forms shall be replaced with the forms annexed
to this
order.
4. in
rule 2, in sub rule (1),
(a) after
clause (a), the following shall be inserted, namely,
“(aa) “Agency”
means the TSBCL or any Government designated agency
or
department”.
(b) in
clause (b), the words “TSBCL” means “Telangana State Beverages
Corporation Limited”.
Excise
Adhesive Label” shall be substituted.
(d) for
clause (n), the following shall be substituted, namely,-
“(n). “Licence
period” means the period of twenty four months
commencing
from 1st October 2015 and
ending on 30th September 2017
or part
thereof.”
(e) in
clause (p), for the words “under Section 39 of the Standards of
Weights
and Measures Act, 1976” the words “Section 36 of Legal
Metrology
Act 2009” shall be substituted;
(f) For
clause (w), the following shall be substituted, namely,-
“(w) “Transport
Permit” means a permit issued by the competent officer
for
transport of IMFL and FL from the TSBCL depot/Agency Depot to the
licensed
premises and from the Godown to the shop”
5. in
rule 12, in sub rule (1),-
(a) in
clause (i), for the words “Rs.25,000 (Rupees twenty five thousand
only)”
the words “Rs.50,000 (Rupees fifty thousand only)” shall be
substituted.
(b) in
clause (iii), for the words “10%”, the words “5%” shall be
substituted.
6. In
rule 16,
(a) in
sub rule (1), in clause (a), for the words “31st July”, the words “31st
October”
shall be substituted.
(b) for
sub rule (2), the following shall be substituted, namely,-
“(2). The
licensee shall pay the licence fees for the two years licence
period
either in one lump sum or in six equal installments at his option.”
(c) for
sub rule (3), the following shall be substituted, namely,-
“(3).
Where the selected / successful 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 / Demand Draft. 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 17
months,
21 months, respectively issued by a scheduled bank situated
in
Telangana within 7 days of allotment of shops in his / her favour
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 Receipts or Bank Guarantees in Form A-
5 and
obtain the Licence.”
(d) for
sub rule (4), the following shall be substituted, namely,-
“(4). The
Licensee shall remit the 2nd instalment sum
equal to 1/3rd of
the
annual licence fee, on or before 20th January of the 1st year of
license
period and furnish a fresh bank guarantee equal to 1/3rd of
annual
licence fee valid for 9 months. The Licensee shall remit the 3rd
instalment
sum equal to 1/3rd of the annual
licence fee on or before 20th
May of
the 1st year of license
period and furnish a fresh Bank Guarantee
equal to
1/3rd of annual
licence fees valid for Nine (9) months. The
licensee
shall, remit the 4th instalment equal
to 1/3rd of the annual
licence
fee, on or before 20th September of the
1st year of license
period
and
furnish a fresh Bank Guarantee equal to 1/3rd of annual licence fees
valid for
Nine (9) months. The Licensee shall remit the 5th instalment
sum equal
to 1/3rd of the annual
licence fee, on or before 20th January of
the 2nd year
of license period. The Licensee shall remit the 6th instalment
sum equal
to 1/3rd of the annual
licence fee on or before 20th May of the
2nd year of license period.”
(e) for
sub rule (9), the following shall be substituted, namely,-
“(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 TSBCL / Agency when the cumulative value of his /
her
purchases during the licence year exceeds SEVEN times of the
annual
Licence Fee.”
7. In
rule 17 after the words “till the next successful applicant takes over”, the
words “to
the satisfaction of licensing authority” shall be inserted.
8. For
rule 18, the following shall be substituted, namely,-
“18. Sale
by outlets of TSBCL / Agency and by the licence holder of a IMFL
Manufactory
/ Brewery:
(1) The
District Collector, with the approval of the Commissioner of
Prohibition
and Excise, may permit the TSBCL / Agency or a licensee of IMFL
Manufactory
/ Brewery to open outlets for the sale of IMFL and FL in such
areas /
localities where the privilege of sale by shop / unit could not be
disposed
off through selection or when a licence already granted is cancelled
and the
same could not be re-allotted for any other reasons.
(2) The
Commissioner of Prohibition and Excise may permit the TSBCL /
Agency or
a licensee of IMFL Manufactory / Brewery under the Act to open
outlets
for the sale of IMFL and FL anywhere in the State whenever he
deems it
necessary in public interest.
(3) The
outlets opened under this rule shall sell IMFL and FL at prices not
exceeding
the Maximum Retail Price indicated on the labels of the bottles
and issue
bills to the customers accordingly. 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,”
9. In
rule 19, for Expression and the words “1st July”, the Expression and the
words “1st October” shall be substituted.
10. For
rule 21, the following shall be substituted, namely,-
“21. Bar
on renewal of licence:
A licence
granted under these rules for the period from 1st October 2015 to
30th September 2017 or part thereof. There will
however be no right to claim
further
renewal of licence beyond 30th September 2017.”
11. In
rule 23, for Expression and the words “1st July”, the Expression and words
“1st October” shall be substituted.
12. For
rule 25, the following shall be substituted, namely,-
“25.
Selection of Premises:-
(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, Nagara Panchayat,
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.
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
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, Junior College recognized by the State Government or
Central
Government, 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 Nagar
Panchayat
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 sanction for at least thirty (30) beds by the competent
authority.
(2) The
holder of Licence in Form A-4 in places, whose population is
5,000 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 20
sq.mts and maximum 100 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 100 mtrs
away from
the places of public worship, educational institutions,
hospitals.
(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”
13. For
rule 26, the following shall be substituted, namely,-
“26.
Licence Fee for Permit Room and method of payment:
The
licence Fee for a permit Room shall be Rs.4,00,000 (Rupees Four
Lakhs
only) for the licence period of two years or proportionate to the
licensed
period or part thereof and is payable in two installments. First
installment
at the time of completion of formalities under Rule-16 in the
beginning
of the year and next installment on or before 20th September
2016”
14. In
rule 27, for the words “Andhra Pradesh Beverages Corporation Limited”
the words
“TSBCL / Agency” shall be substituted.
15. In
rule 28, for the words “Mandal”, the words “Nagar Panchayat” shall be
substituted.
16. For
rule 29, the following shall be substituted, namely,-
“29.
Godown Licence for storage of IMFL/ FL in Form A-4(G):
(i) The
holder of the Licence in Form A4 may apply in Form A-4 (G)
to obtain
a godown licence for storage of IMFL/ FL in Form A-4(AG)
to the
concerned Prohibition and Excise Superintendent.
(ii) The
godown shall be located in a revenue village/Nagar
Panchayat/
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 / advertise through any form of 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/-
per annum i.e., 1st October to 30th September for the
shops
located in Revenue village/ Nagar Panchayat/ Municipality/
Municipal
Corporation limits and
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.
17. For
rule 40, the following shall be substituted, namely,-
“40.
Bottles for sale to carry labels:
(a) Every
bottle of IMFL or FL in a licensed premises shall carry Excise
Adhesive
label or Holographic Excise Adhesive Label on the cap of the
bottle in
addition to the manufacturer’s label as approved by the
Commissioner
of Prohibition and Excise.
(b) All
the A4 shops in the State shall invariably procure and be equipped
with
required machineries for reading of Holographic Excise Adhesive
Label
(HEAL)”
18. In
rule 41, in sub rule (2), for the words “depot of the APBCL” the words
“Depot of
TSBCL / Agency,” shall be substituted.
19. In
rule 45,
(a) for
the words “Andhra Pradesh Beverages Corporation Limited Depot” the
words “Depot
of TSBCL / Agency Depot” shall be substituted.
(b) for
the words “A.P.B.C.L.” the words “TSBCL/Agency” shall be
substituted
20. In
rule 52, for the words “A.P.B.C.L.” the words “TSBCL/Agency” shall be
substituted.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA)
AJAY
MISRA
PRICIPAL SECRETARY TO
GOVERNMENT
***********
FORM A-1
(See Rule 6(i)
Declaration
I/We, _____ 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/our favour, I/We 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 (Telangana Adaptation Order
2015).
1. I/We shall abide by the decision of
the Selection Authority in all matters connected with my/our
application(s)
2. I/We 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 (Telangana Adaptation Order 2015). In
particular I/We shall abide by the
provisions of Rule-42 relating to selling of IMFL and FL at a
price not exceeding the Maximum Retail
Price.
3. Hence this declaration is duly
executed by me/us today the _______day of ________20 .
Signature
The declaration is executed before me
by Sri_____________ S/o. _______________
R/o_____________ who is/are personally
known to me who is/are identified by Sri
________________________
Signature of the Attesting officer
*********
FORM A-2
(See Rule 6 (ii)
Affidavit
(To be filled by the applicant)
1. I/We, _____________________S/o
_________age_______ (all the names of the persons )
Occupation_____ R/o___________________
Village/ Town of _____________Mandal and
___________ District do hereby solemnly
and sincerely affirm and state as follows:
2. I/We ___________________________
intend to submit an application under Andhra
Pradesh Excise (Grant of licence of
selling by Shop and conditions of licence) Rules, 2012
(Telangana Adaptation Order 2015) for the licence period 20___ to 20_____.
3. I/We hereby declare that I am/We are
the absolute owner/ joint owner having share to an
extent indicated below of the immovable
properties mentioned below and I am/We are in sole /
joint possession and enjoyment of these
properties in my/our right and there are no
encumbrances or liabilities on those properties.
4. I/We hereby undertake not to
alienate or otherwise encumber the properties listed above in
para (3) until I/We pay the dues if any
accrued during the period.
Signature(s)
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/their signature/
thumb-impression in my presence at _____(time) on (date)________.
Before me
Attestor
(NOTARY)
**********
FORM A-2(S)
(See Rule 16 (ii)
Surity bond cum Affidavit
(To be filled by a surety)
1. I/We,
_____________________ S/o _________aged_______ (all the names of the
persons ) Occ:_____
R/o___________________ Village/ Town of _____________Mandal and
________District do hereby solemnly and
sincerely affirm and state as follows:
2. I/We________
do hereby declare myself/our self as surety for an amount of
Rs____________(Rupees_______) for the
successful applicant/group/firm/company for the
licence period 20____to 20_____ of
______A-4 shop, Sri. _________ S/o
___________Aged________(all the names
of the persons ) R/o______ Village/ town of
_______Mandal and _____district for
fulfilment of his obligations under Rule 16 of Andhra
Pradesh Excise (Grant of licence of
selling by Shop and conditions of licence) Rules, 2012
(Telangana Adaptation Order 2015) in
payment of instalments of licence fee.
3. I/We
hereby declare that I am/We are the absolute owner/ joint owner having share to
an extent indicated below of the
immovable properties mentioned below and I am/We are in
sole / joint possession and enjoyment
of these properties in my/our right and there are no
encumbrances or liabilities on those properties.
4. I/We
hereby undertake not to alienate or otherwise encumber the properties listed
above in para (3) until the said
Licensee pays the dues if any accrued during the licence period.
5. I/We
hereby undertake that in case the Licensee making default in payment of the
licence fee under Rule 19 of the said
rules I/We bind myself/ourselves 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.________.
Signature of the Surety
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 (s) who having understood the
same put his signature/
thumb-impression in my presence at _____(time) on (date)________.
Before me
Attestor
(NOTARY)
**************
FORM A 3
(See Rule 6(iii)
Declaration
1. I/We _____________________S/o
_________aged_______ Occ:_______________
R/o___________________ Village/ Town of
_____________Mandal and ___District do hereby
solemnly and sincerely affirm and state
as follows:
2. I/We___________________________
intend to submit an application under Andhra
Pradesh Excise (Grant of licence of
selling by Shop and conditions of licence) Rules, 2012
(Telangana Adaptation Order 2015).
3. I/We ____________________S/o
_____________ Age _________ years, R/o
_______village/ Town/ Mandal
______________District________ do hereby declare that I
am/We are not disqualified under Rule 8
of Andhra Pradesh Excise (Grant of licence of selling
by Shop and conditions of licence)
Rules, 2012 (Telangana Adaptation Order 2015).
Signature
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 _______
Attesting officer
*******
ENTRY PASS _______________ DISTRICT
(See Rule 7)
GOVERNMENT OF TELANGANA
PROHIBITION AND EXCISE DEPARTMENT
Serial No. ( ) Date:
Issued by the office of the Prohibition
and Excise Superintendent to
Sri_____________________________ S/o
__________ R/o______________H.No._________
Age( ) Years, Mandal ___________
District__________
PROHIBITION
AND EXCISE
SUPERINTENDENT DISTRICT
Specimen signature of
the entry pass Holder
********
FORM A-3 (A)
(Rule 12)
APPLICATION FOR GRANT OF A4 LICENCE
___________ AS NOTIFIED IN THE
DISTRICT
GAZETTE
No._______________DATED___________
DISTRICT:
1. Name of the applicant(s)
with father’s name :
Affix
passport
size
photogra
ph of
the
applicant
2. Full residential address :
3. Details of Company or
Partnership Firm with
Registration particulars
Represented by the applicant(s) :
4. Serial number of the shop as per
gazette :
5. The area/locality of the A4
Shop as notified in the gazette :
6. Licence fee notified for the shop :
7. Details of payment of Rs.5,00,000/-
[see rule 12(1)(iii)]
:
8. Details of premises to be licensed :
9. Capacity to invest annually :
10. Identity proof (one of the
following)
a) Voter ID card
b) Income tax PAN card
c) Driving licence
d) Adhar card
e) Ration card
f) Passport :
11. Details of other Excise licences,
if any, held by him in the state of
Telangana :
12. PAN Card No
(Xerox copy self attested to be
enclosed ) :
I/We hereby declare that the particulars
given above are true to the best of My/Our
knowledge and belief. If at a later
stage any of the facts are found to be false the licence may
be cancelled and I/We may be prosecuted
as per the Andhra Pradesh Excise Act, 1968 or the
Rules there under.
I/We hereby, undertake to abide by the
rules and licence conditions prescribed under
the Andhra Pradesh Excise Act, 1968.
Place : Signature
of the Applicant
Date :
FORM A-4
(See Rule
15)
Licence for the sale of Indian Made
Foreign Liquor and Foreign Liquor by
Shop
Licence No._______________ date:
Whereas Sri ______________
s/o________________r/o__________________ is the
selected applicant in respect of the
privilege of sale of Indian Made Foreign Liquor and Foreign
Liquor by shop at Gazette Sl. No._____
for the licence period from ______to _________, I
________________ Prohibition and Excise
Superintendent ___________ hereby issue Licence
to the applicant to sell Indian Made
Foreign Liquor and Foreign Liquor on the premises bearing
No.________________ the details of
which are as follows:-
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 Indian Made Foreign Liquor and Foreign Liquor 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 TSBCL/Agency as allotted by the Licensing Authority.
6. The Licensee shall sell only duty
paid Indian Made Foreign Liquor in sealed, capsule bottles
affixed with Excise Adhesive Labels/ Holographic Excise Adhesive Label 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 of
Prohibition & Excise
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 Prohibition & Excise
from time to time.
Dated: day of 20
Prohibition
and Excise Superintendent
______________Distrct
FORM A-4 (A)
(See Rule
24)
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]
1. Name of the applicant:
2. Full residential address:
3. Details of A-4 Licence
a) Name of the Licence
b) Licence No. etc.,
c) Period for which the licence is
valid
4. Details of premises to be licensed
(boundaries of the premises are to be
specified and building plan of the
proposed premises in triplicate shall be
enclosed.)
5. Details of other licences held by
him
6. Date on which he can commence
business
7. The amount of licence fee paid
(Treasury challan to be enclosed)
I/We hereby declare that the
particulars given above are true to the best of my/our
knowledge and belief. If at a later
stage any of the facts are found to be false, the licence may
be cancelled and I/We may be prosecuted
as per provisions of the Andhra Pradesh Excise Act,
1968 or the rules thereunder.
I/We, hereby, undertake to abide by the
rules and licence conditions prescribed under
the Andhra Pradesh Excise Act, 1968.
Signature of the applicant
********
FORM A-4 (B)
(See rule
24)
Number of licence: Date:
District :
Licence for Permit Room attached to A-4
shop for permitting consumption of Indian
Made Foreign Liquor / Foreign Liquor.
I, ………………………….. Prohibition. &
Excise Superintendent, …………… District, in
consideration of the payment of fee of
Rs. ………. ( Rupees ………………………. Only), the receipt
of which is hereby acknowledged, hereby
issue licence to Sri
…………………………………………………………………………………( name
and address), Licensee of A-4
shop M/s. …………………….,bearing licence no…………
) permitting the premises bearing no.
……………., the details of which are shown
below, for the purpose of consumption of Indian
Made Foreign Liquor / Foreign Liquor
purchased from his A-4 shop.
BOUNDARIES
Locality ………………Village/Town during the
licence period commencing from
the…………………..and ending with 30th September, 20__, subject to following
conditions, and
stipulations to be observed:
East
West
North
South
Conditions:
1. 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 (Telangana
Adaptation Order 2015) and as amended from time to time and also by the
following
special conditions.
2. The privilege conferred herein
extends only for allowing consumption of Indian Made Foreign Liquor/Foreign
Liquor
supplied by TSBCL/AGENCY and sold by the A-4 Licensee.
3. The licence is not transferable
4. The licence shall be subject to
cancellation or suspension at will by the Commissioner
5. The Licensee shall not act in any
manner prejudicial to the interests of the revenues of the Government.
Dated: day of 20
Prohibition
and Excise Superintendent
_____________Excise
District
FORM A-4 (G)
(See Rule
29)
Application form for licence to store
IML/BEER
(Affix
requisite value as per the provisions of the Indian Stamp Act, 1889 as amended
from
time to
time).
1. Name of the applicant(s):
2. Full residential address:
3. Details of company or partnership
With registration particulars.
4. Details of A-4 Licence held
5. Details of premises to be licensed
for storage of IML/Beer D.No. Street
No.
Boundaries
East
West
North
South
1. Details of other lilcenses held by
him/her
2. Date on which he can commence to
store IML/Beer
I/We hereby declare
that the particulars given above are true to the best of my/our
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.
I/We, hereby,
undertake to abide by the rules and licence conditions prescribed under
the Andhra Pradesh Excise Act, 1968.
Signature
of the applicant
FORM A-4(AG)
(See Rule 29)
Licence number: Date:
District:
Licence for Godown attached to A-4 shop for permitting storage
of IMFL/Beer.
I,_______________
Prohibition and Excise Superintendent, __________ District in
consideration of the payment of
Rs.______ (Rupees________________only), the receipt of
which is hereby acknowledged, hereby
licence Sri ______________ (Name and address)
______________________to permit the
premises bearing No.______, the details of which are
shown below, for the purpose of storage
of IMFL/Beer purchased on his/ her A-4 shop licence
i.e., _________________ (name of A-4
shop/unit) ___________________ and licence
No.________
BOUNDARIES
1. East : locality ………Village/Town………………
2. West: during the period commencing from
3. North: ……….. ending with 30th September,_____20
4. South:
subject to following conditions and
stipulations to be observed.
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 (Telangana
Adaptation Order 2015) 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 TSBCL/AGENCY 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
PROHIBITION
AND EXCISE
SUPERINTENDENT
___________________EXCISE
DISTRICT
FORM A-5
(See Rule
16)
Bank Guarantee
In consideration of
the Governor of Telangana 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 licence of selling by Shop
and conditions of licence) Rules 2012
(Telangana Adaptation Order 2015) and as agreed under
the terms and conditions agreed
dated____ made between Prohibition and Excise
Superintendent 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 24 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 A-6
(See Rule 19)
Counterpart Agreement for grant of Licence
for selling by Shops
I/We___________S/o_____________
R/o_____________ Age (___) years severally/
jointly are the Licensees in respect of
the privilege of shop pertaining to village____
Mandal____ District on a yearly licence
fee of Rs.____ (In words_____) for the period from 1st
October to end of September _____in accordance with the provisions
of the Andhra Pradesh
Excise Act and the Rules framed
thereunder and subject to terms and conditions of licence 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
issued in respect of the said shop for the period as laid down
in the Licence No.__________________
dt. _____ and I/We shall pay promptly and in time the
2nd, 3rd, 4th, 5th and 6th instalments of licence fee, amounts towards
penalties or any other
charges or other liabilities if imposed
and any other dues if accrued in respect of my/ our shop.
I/ We_____ shall abide by all the
provisions of the Andhra Pradesh Excise (Grant of licence of
selling by Shop and conditions of
licence) Rules, 2012 (Telangana Adaptation Order 2015) and
other conditions relating to sale of Indian
Made Foreign Liquor and Foreign Liquor by shop 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
licence fee, excise duty, penalties, if
imposed, and any other dues or make any efforts to evade
payment of these amounts, the District
Collector reserves the right to re-allot the shop obtained
by me/ us and to realise the entire
amounts so due by way of forfeiting the deposits and by
way of destraining my/our movable and
immovable properties whatsoever I/We/our sureties
____________ possess and shown in
Affidavit (Form A-2) and surety bond-cum-affidavit (Form
A-2(S)) and selling the said properties
under the Andhra Pradesh Revenue Recovery Act, 1864.
This agreement is
executed in favour of the District Collector that the authority may
enforce the above terms and conditions
agreed by me / us.
Place Signature
or Thumb-impression of
Date Licensee/
Licensees.
Address:
I certify that
Sri/Sarvasri ______ son of _____known to me/ identified by Sri/ Sarvasri
_____ known tome executed the agreement
and signed before me.
Date:
Prohibition and Excise Superintendent
_ _ _ _ _ _ _ District
for the District Collector
*******
Form N-1
Nowkarnama
(See Rule- 44)
Date:____________
1) District,
2) Mandal, Here affix
3) Village Photograph,
of
4) (i) Name of the shop the agent or
(ii) Number of the licence & Date. the Authorized
5) (i) Name of the Licensee Servant
(ii) Address,
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)
Name of
the Licensee
Licence No. and Date
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
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 liquor as per stock book(s),
5) Actual
Quantity found 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,
Signature of the Officer inspecting
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