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Excise Policy 2020-21

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Excise Policy 2020-21 fgekpy izns’k ljdkj GOVERNMENT OF HIMACHAL PRADESH vkcdkjh vkcaVu dh ?kks”k.kk,a o”kZ&2020&21 ANNOUNCEMENTS FOR THE ALLOTMENT OF RETAIL EXCISE VENDS BY RENEWAL/DRAW OF LOTS/TENDER-CUM-AUCTION FOR THE YEAR 2020-21. 1 jkT; dj ,oa vkcdkjh foHkkx fgekpy izns’k DEPARTMENT OF STATE TAXES AND EXCISE HIMACHAL PRADESH *** ANNOUNCEMENTS TO BE MADE AT THE TIME OF ALLOTMENT BY RENEWAL OF THE EXCISE LICENSES FOR THE RETAIL VENDS OF COUNTRY LIQUOR, FOREIGN LIQUOR AND COUNTRY FERMENTED LIQUOR IN HIMACHAL PRADESH FOR THE FINANCIAL YEAR 2020-21. 2 TABLE OF CONTENTS CHAPTER TITLE Page No. NO. 1. INTRODUCTORY 4 2. MAIN PROVISIONS OF THE PROCEDURE FOR 5-10 ALLOTMENT ON APPLICATION AND BY DRAW OF LOTS 3. MAIN PROVISIONS OF THE PROCEDURE FOR 11-16 BIDDING THROUGH AUCTION-CUM-TENDERS. 4. MAIN PROVISIONS OF THE PROCEDURE FOR 17-20 RENEWAL 5. MINIMUM GUARANTEED QUOTA AND ANNUAL RETAIL 21-24 EXCISE DUTY 6. DUTIES AND FEES ETC 25-34 7. COUNTRY LIQUOR 35-38 8. FOREIGN LIQUOR 39-42 9. GRANT OF COUNTRY FERMENTED AND DISTILLED 43 LIQUOR LICENSES IN FORM L-20-B, L-20-C, L-20-CC AND L-20-D 10. OBSERVANCE OF DRY DAYS AND SALE HOURS 44 11. NEW LICENSES 45-46 12. MISCELLANEOUS 47-57 13 BIO BRANDS POLICY 58-59 14. ANNEXURE 60-124 3 CHAPTER-I: INTRODUCTORY 1.1 The liquor licenses, shall be granted subject to the provisions of the Himachal Pradesh Excise Act, 2011 and the Rules framed thereunder from time to time. A licensee shall himself be responsible for fulfilling any other obligation under any other law or Rule not specifically mentioned hereinunder in these terms and conditions. 1.2 The Commissionerof State Taxes and Excise-cum-Financial Commissioner (Excise), Himachal Pradesh, reserves the right to sell all or any of the licenses by allotment or by auction or by private contract or by calling tenders or by draw of lots or by renewal or by any other arrangement (including combination of the foregoing modes), which he may consider expedient in the interest of revenue. For this purpose, the mode of grant of these licenses may be changed by the Commissionerof State Taxes and Excise, whenever necessary before the actual grant of the license. The Commissionerof State Taxes and Excise may also modify the procedure contained in these terms and conditions to give effect to such mode of grant of license after determining Fixed License Fee, Excise duties or any other levy, in such manner as he may deem fit. 1.3 All the allotments of the vends/units or renewal of licences of the vends/units shall be subject to confirmation by the Commissionerof State Taxes and Excise -cum-Financial Commissioner (Excise), Himachal Pradesh, who reserves the right to reject any allotment/renewal without assigning any reason for doing so. 1.4 All the licensees shall be bound to comply with all the directions and orders of the Commissionerof State Taxes and Excise-cum-Financial Commissioner (Excise), Himachal Pradesh and all other Excise Officers, which may be issued from time to time by them. 4 CHAPTER-II: MAIN PROVISIONS OF THE PROCEDURE FOR ALLOTMENT ON APPLICATION AND BY DRAW OF LOTS. 2.1 The following licenses will be granted/allotted by application and draw of lots for the year 2020-21 on the terms and conditions as prescribed in the succeeding paras:- The retail licenses shall be granted by inviting application for each vend/ combination of vends (Unit) on the Minimim Vend Value (MVV), on the basis of the Minimum Guaranteed Quota allotted (IMFL and CL) and the License Fee prescribed, for each vend/unit. In case of more than one application for a particular vend/unit the allotment shall be done by draw of lots on the terms and conditions as prescribed by the Commissioner of State Taxes and Excise-Cum-Financial Commissioner, Himachal Pradesh. The following licenses will be granted/allotted by draw of lots for the year 2020-21 on the terms and conditions as prescribed in the succeeding paras:- (i) A license in form L-2 for retail vend of foreign liquor for sale to the public. The licensee will also be eligible to sell IMFS/BIO in wholesale to the licensees in form L-3, L-4, L-5, L-3A, L-4A, L-5A, L-12A, L-12B and L-12C for consumption off the premises. (ii) A license in form L-14 for retail vend of country liquor for consumption on and off the premises. Such licensees are also allowed to sell IMFS/BIO in the rural areas. (iii) A license in form L-14-A for retail vend of country liquor for consumption off the premises. They are also allowed to sell IMFS/BIO in rural areas. (iv) A license in form L-20B for manufacture and retail sale of Country Fermented Liquor (Jhol). The Commissioner of State Taxes & Excise-cum-Financial Commissioner (Excise) may, if no application is forthcoming in respect of a vend or a group of vends or unit, if it is expedient to do so in the interest of revenue, grant these licenses, alone or in combination with any other license for any vend or group of vends by resorting to any of the modes described above. 2.2 The licenses shall be granted by inviting applications for each vend/combination of vends termed as “unit” on MVV. Applications will be submitted in accordance with the procedure prescribed herein below. However, all applicants intending to participate in the allotment of vends are required to go through the terms and conditions and fulfill all the requirements before submitting the application. The application form for allotment can be obtained from the office of any Dy. Commissioner of State Taxes & Excise or Asstt. Commissioner of State Taxes & Excise Incharge of the District or office of Addl./Jt. Commissioner of State Taxes & Excise of the Zone free of cost. The application form can also be downloaded from the website of the department i.e. www.hptax.gov.in. 2.3 The details regarding the location of each retail sale outlet i.e. vend/unit of country liquor, Indian Made Foreign Liquor and country fermented liquor; the annual license fee, the minimum guaranteed quota of liquor fixed for each vend and other levies as may be applicable, shall be available with the Dy.CSTE/Asstt.CSTE Incharge of the District who shall display the same on the office notice board for the information of the intending applicants one day before the day fixed for the receipt of the applications. 2.4 An applicant can file applications for any number of Units/vends in any of the Revenue Districts/State and can be allotted any number of units/vends. 2.5 The applications for the allotment shall only be filed by the following:- (a) an individual; or (b) a body incorporated under the Indian Companies Act; or 5 (c) a society registered under the Himachal Pradesh Co-operative Societies Act; or (d) a partnership firm; or (e) a Hindu undivided family. 2.6 When a Company or Society or Hindu undivided family or a partnership firm referred to in clauses (b), (c), (d) and (e) of point No.2.5 above, applies for the allotment of a vend/unit, it must authorize an individual to act as an agent on behalf of the applicant, who shall be amenable in full to the Civil/Criminal Courts in India. 2.7 An individual applicant should fulfill the following conditions to be eligible to file an application for the allotment of a vend/unit/submit bid/tender :- (i) He/She should be a citizen of India. (ii) He/She should have attained the age of 21 years on the day of filing of application. (iii) He/She should not have been blacklisted or debarred from holding an excise license under the provisions of any Rules made under the Punjab Excise Act 1914, as applicable in the State of Himachal Pradesh/ the Himachal Pradesh Excise Act, 2011. Any person, who has been convicted of any excise offence by any court of law unless finally acquitted, shall be automatically debarred from holding the license. (iv) He/She should not be a defaulter of any Government dues and should have cleared all the arrears, if any, due to be paid by him upto the date of filing of application for allotment. (v) He/She should possess good moral character and should have no criminal back ground nor should have been convicted of any offence punishable under any taxation statute in Himachal Pradesh. 2.8 The conditions of eligibility mentioned in point No.2.7 above shall apply to all the partners in the case of a partnership firm, every member of any other association of persons, Karta of a Hindu undivided family and every individual acting as an agent on behalf of the applicant in other cases mentioned in point No.2.5 above. 2.9 In addition to the conditions mentioned in point No.2.7 each applicant must fulfill the following conditions:- (i) He should be solvent and should have the necessary funds or should have made arrangements for the necessary funds, for conducting the business the details of which shall be made available to the licensing authority, if required and the value of the assets held by him as declared in Form ‘A’ attached to the application form should be at least 25% of the annual License Fee of the vend/unit for which the application is filed.
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