Delhi Excise Amendment Rules 2021: Finance Department

Delhi Excise Amendment Rules 2021: Finance Department

 FINANCE (REV-1) DEPARTMENT 

NOTIFICATION

Delhi, the 25th May, 2021

No. F.10/2//2021-22/SRD/Fin(B)/JS Budget/882-892.—In exercise of the powers conferred by sub-section (1) of section 81 of the Delhi Excise Act, 2009 (Delhi Act 10 of 2010), the Lt. Governor of the National Capital Territory of Delhi hereby makes the following rules to further amend the Delhi Excise Rules, 2010, namely:-

1. Short Title and Commencement .- 

(1)These rules may be called the Delhi Excise (Amendment) Rules, 2021.

(2) They shall come into force on such date as the Government may, by notification in the Official Gazette, appoint:

PROVIDED that different dates may be appointed for different provisions of these rules and any reference in any such provision to the commencement of these rules shall be construed as a reference to the coming into force of that provision.

2. Amendment in Rule 2:

(i) In the Delhi Excise Rules, 2010 (hereinafter referred to as principal rules), after sub-rule (5), the words ‘can and pouch’ shall be substituted with the words ‘can, pouch and aseptic packaging’.

(ii) After Sub-rule (51), the following sub-rule shall be inserted as under:

‘(52) “zone” means an area defined by the Excise Commissioner, from time to time, for the purpose of allocation of Retail Licenses.’

3. Amendment in Rule 24: In the principal rules, the rule 24 shall be omitted.

4. Amendment in Rule 30: In the principal rules, in rule 30 after the words ‘show window’ and before the full stop, the words, ‘or in any other manner. However, showcasing or branding of liquor will be allowed only inside the retail vend in a zone (L-7V & L-7SP1) ’, shall be inserted.

5. Amendment in Rule 32: In the principal rules, in rule 32, the table after the word ‘prescribed fee:- ‘ shall be substituted as under:

S.No.	Form	Details of Licences	Authority empowered to grant	Authority empowered to renew
1	L-1	Wholesale vend of Indian liquor, Foreign Liquor, Draught Beer	Deputy Commissioner	Not renewable
2	L-3	Wholesale vend of Country Liquor	Deputy Commissioner	Not renewable
3	L-4	Wholesale vend of Rectified Spirit.	Deputy Commissioner	Deputy Commissioner
4	L-5	Wholesale vend of Denatured Spirit including Special Denatured Spirit	Deputy Commissioner	Deputy Commissioner
5	L-6	Retail vend of Indian Liquor in public sector	Deputy Commissioner	Deputy Commissioner
6	L-6FG	Retail vend of Foreign Liquor in public sector to the holder of licence in form L- 6 .	Deputy Commissioner	Deputy Commissioner
7	L-6FE	Retail vend of Foreign Liquor in public sector.	Deputy Commissioner	Deputy Commissioner
8	L-7 Z	Zonal Licence for Retail vend of Indian Liquor, Foreign Liquor in Private Sector	Deputy Commissioner	Deputy Commissioner
9	L-7V	Retail vend of Indian Liquor, Foreign Liquor in Private Sector in a Zone	Deputy Commissioner	Deputy Commissioner
10	L-7SP1	Super Premium Retail vend of Indian Liquor, Foreign Liquor	Deputy Commissioner	Deputy Commissioner
11	L-8	Retail vend of Country Liquor in public sector	Deputy Commissioner	Deputy Commissioner
12	L-11	Retail vend of Beer, manufactured by Microbrewery.	Deputy Commissioner	Deputy Commissioner
13	L-12	Retail vend of Beer and Wine in Departmental Store.	Deputy Commissioner	Deputy Commissioner
14	L-12F	Retail vend of Foreign Beer and Wine in Departmental Store to the holder of licence in form L-12.	Deputy Commissioner	Deputy Commissioner
15	L-13	Retail Vend of Indian Liquor for Home Delivery	Deputy Commissioner	Deputy Commissioner
16	L-13F	Retail vend of Foreign Liquor for home delivery to the holders of Licence in Form L-13	Deputy Commissioner	Deputy Commissioner
17	L-14	Retail vend of economy Indian Liquor and Beer to holder of licence in form L-8	Deputy Commissioner	Deputy Commissioner
18	L-15	Service of Indian Liquor and Foreign in a hotel to residents in their rooms	Deputy Commissioner	Deputy Commissioner
19	L-16	Service of Indian Liquor & Foreign	Deputy	Deputy

		in a bar/restaurant attached to a Hotel	Commissioner	Commissioner
20	L-17	Service of Indian Liquor and Foreign in independent restaurant	Deputy Commissioner	Deputy Commissioner
21	L-19	Round the clock service of Indian and Foreign Liquor in independent restaurant located either in arrival or departure area of International Airport.	Deputy Commissioner	Deputy Commissioner
22	L-20	Service of Indian and Foreign Liquor in a bar/dining car in a luxury train.	Deputy Commissioner	Deputy Commissioner
23	L-21	Round the clock service/sale of Indian and Foreign Liquor in a bar attached to a hotel located either in arrival or departure area of International Airport	Deputy Commissioner	Deputy Commissioner
24	L-22	Retail vend of Indian Liquor in duty free shop for consumption “off” the premises located at departure Lounge of International Airport	Deputy Commissioner	Deputy Commissioner
25	L-23	Retail vend of Indian and Foreign Liquor in military canteen	Deputy Commissioner	Deputy Commissioner
26	L-24	Retail vend of Medicated Wine	Deputy Commissioner	Deputy Commissioner
27	L-25	Retail vend of Denatured Spirit including Special Denatured Spirit	Deputy Commissioner	Deputy Commissioner
28	L-26	Retail vend of Rectified Spirit	Deputy Commissioner	Deputy Commissioner
29	L-27	Retail vend of Bhang	Deputy Commissioner	Deputy Commissioner
30	L-28	Service of Indian and Foreign Liquor in a club	Deputy Commissioner	Deputy Commissioner
31	L-29	Service of Indian and Foreign Liquor at a club/mess whose membership is exclusively for Government servants, retired Government servants, including members of armed forces, serving or retired and the club/mess is not run on commercial lines.	Deputy Commissioner	Deputy Commissioner
32	L-30	Licence for possession of liquor at home in excess of individual possession limit.	Deputy Commissioner	Assistant Commissioner
33	L-31	Licence for Warehouse for storage of Indian Liquor, Foreign Liquor, Draught Beer	Excise Commissioner	Not renewable
34	L-33	Licence for Warehouse for storage of Country Liquor	Excise Commissioner	Not renewable
35	L-34	Licence for Warehouse for the storage of denatured spirit	Excise Commissioner	Excise Commissioner
36	L-35	Licence for Ware house for the storage of rectified spirit	Excise Commissioner	Excise Commissioner
37	L-36	Licence to a registered medical practitioner, a chemist/druggist for sale of	Deputy Commissioner	Deputy Commissioner

		Intoxicating Spirituous Preparations.
38	L-37	Licence for Hotel Management Institutes for keeping liquor for the purpose of training	Deputy Commissioner	Deputy Commissioner
39	L-38	License for Banquet Halls, Party Places, Farm Houses, Motels, Wedding/Party/Event Venues with permission to serve Indian and Foreign liquor in all the parties hosted at their premises on payment of one-time annual fee	Deputy Commissioner	Deputy Commissioner

6. Amendment in Rule 33: In the principal rules, in rule 33 after S.no.10A, new S.no.10B shall be inserted as under:

10B

P-10E

Permit for service of Indian Liquor and Foreign Liquor at Banquet Halls, Party places, Farm Houses, Wedding/party/event venues.

Deputy Commissioner

Deputy Commissioner

7. Amendment in Rule 35: In the principal rules, the rule 35 shall be substituted as under:

‘Rule 35: Certain licenses not to be granted in conjunction with other licenses. - Except with the permission of the Government,

(1)No person shall be granted more than one wholesale licence in form L-1.

(2) No licence for retail sale of liquor for consumption “off” the premises and for consumption “on” the premises shall be granted to the holder of whole sale licence and vice versa:

(3) No retail licence for consumption of liquor “off” the premises shall be granted to a person

holding any other retail licence:

Provided that more than one licence in form L-6, L-7Z, L-7V, L-7SP1, L-8 and L-14 may be granted to a person.

Provided further that not more than two L-7Z licenses may be granted to a person.’

8. Amendment in Rule 36: In the principal rules, the rule 36 shall be substituted as under:

“Restrictions as to grant of Licences to distillery, brewery, winery or bottling plant - Licence in Form L-1 shall not be granted to any distillery, brewery, winery or bottling plant. However, Licence in Form L-3 shall only be granted to a distillery or bottling plant.”

9. Amendment in Rule 37: In the principal rules, in rule 37 after clause(1), 2010 the followings provisos shall be added-

“Provided that the Deputy Commissioner may impose such additional conditions regarding eligibility of licencees for grant of licenses with the prior approval of the Government”

“Provided further that licence in the form L-1, L-7Z, L-7V and L-7SP1 shall not be granted

to any company or society owned by any State Government or its Undertaking.”

10. Amendment in Rule 41: In the principal rules, the rule 41 shall be substituted and read as under:

‘All applications for the renewal of licenses and permits shall be received in the office of the Deputy Commissioner before the end of February each year along with licence or permit fee, payable for the renewal of licence or permit.

 

In case of delay, the Deputy Commissioner may admit such application before the expiry of the licence or permit, provided that there are good and sufficient reasons for the delay on payment of additional fee of twenty five percent of the prescribed licence or permit fee:

Provided that the application for renewal of licence or permit may be admitted including those granted in the month of March may be admitted after the expiry of the licence or permit, if there are good and sufficient reasons for the delay on payment of double the amount of licence or permit fee payable, and the licence or permit may be renewed with the approval of the Excise Commissioner.

Provided further that in case of licence in form L-7Z, L-7SP1, the license fee to be paid at the time of renewal shall be as determined by the Government from time to time.

Provided further that in case of licence in Form L-15, L-16 and L-17, the licence fee shall be payable in two equal installments after completion of all documentary requirements. First installment of 50% of the license fee should be paid by 15th March each year, failing which additional fee of 25% of first installment shall be payable till 31st March and beyond that double the amount of first installment shall be payable. Second installment of remaining balance amount of license fee should be paid before 30th September each year alongwith interest @12 percent per annum, failing which double the amount of second installment shall be payable.’ ....................... Read more

Source: https://egazette.nic.in/WriteReadData/2021/227276.pdf

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