The Government of Uttar Pradesh on January 31, 2025, issued the Uttar Pradesh Excise (Settlement of licenses for Retail Sale of Bhang) (Third Amendment) Rules, 2024 to further amend the Uttar Pradesh Excise (Settlement of Licenses for Retail Sale of Bhang) Rules, 2019.
The following amendments have been stated:
• Rule 8 which states Eligibility conditions for applicants has been substituted with the following:
“8. Eligibility conditions for applicants:- eligible applicants for license of a retail bhang shop must fulfill follwing conditions, namely :–
(a) be a citizen of India, but whole sale supplier of Bhang shall be not eligible for holding license of any retail shop. No change in the status of applicant shall be allowed after allotment of shop;
A nomination affidavit can also be submitted by the interested retail and wholesale licensee regarding the transfer of license in which he can mention the name of his heirs/family members/close relatives, Aadhaar number, relation etc. in first, second, third etc. order of preference. In cases of death, the applications submitted as per the nomination affidavit will be considered first, otherwise action will be taken as per the rules. The said nomination will be submitted in the prescribed format in the office of the licensing authority on a notarized affidavit:
Provided that in the event of death of licensee, his/her legal heir, if otherwise eligible, may continue to hold the license for the remaining period of the license:
Provided further that in the case of shops with two licenses which have been renewed since previous years, if one of the licensees dies before renewal and his legal heir or nominee does not submit the application or is found unsuitable, then on receipt of the application, renewal of the shop for the concerned year in favour of the second surviving licensee will be permissible with the restriction of depositing the entire security of the shop by the prescribed date. At the end of the financial year, the security deposit of that year will be returned as per rules.
Provided also that if the shops with two surviving licensees which are getting renewed since previous years, will be renewed only in the case of consensus between both the licensees for renewal. In the absence of consensus, renewal will not be permissible.
(b) be above twenty-one years of age at the time of making application;
(c) not be defaulter/blacklisted or debarred from holding an excise license under the provisions of any rules made under act. Any person who has been convicted of any excise offence by any court of law unless fully and finally acquitted shall be automatically debarred from holding the license;
(d) applicant shall be eligible for making only one application in his own name for any shop (e) submit an affidavit duly verified by notary public as proof of the following namely:-
(i) that he possesses or has an arrangement for taking on rent a suitable premise in that locality for opening the shop in accordance with the provisions of Uttar Pradesh Number and Location of Excise Shop, Rules, 1968 as amended from time to time;
(ii) that his proposed premise of the shop has not been constructed in violation of any law or rules;
(iii) that he and his family members possess good moral character and have no criminal background nor have been convicted of any offence punishable under United Provinces Excise Act. 1910 or Narcotics Drugs and Psychotropic Substances Act, 1985 or any other cognizable and non-bailable offence;
(iv) that in case of being selected as licensee he will furnish a certificate issued by the District Collector or Superintendent of Police/Senior Superintendent of Police of the concerned district or an officer not below the rank of assistant commissioner of police nominated by the police commissioner of the concerning police Commissionerate of the district of which he is resident, showing that he as well as his family members possess good moral character and have no criminal background or criminal record prior to issuance of license;
(v) that he shall not employ any salesmen or representative who has criminal background as mentioned in clauses (iii) or who suffers from any infectious diseases or is below twenty-one years of age or a woman. Licensee shall have to obtain Identity Cards bearing photographs of his authorized salesman/representative from District Excise Officer;
(vi) that he is not in arrear of any public dues or Government dues;
(vii) that he is solvent and has the necessary funds or has made arrangements for the necessary funds, for conducting the business, the details of which shall be made available to the licensing authority if required;
(viii) that applicant is not involved in mafia activities, anti social activities and organized offensive activities. If after issuance of license it is proved that he is involved in mafia activities, anti social activities and organized offensive activities then the allotted license shall be cancelled;
(ix) that applicant is not an advocate registered with Bar Council. If he is found registered advocate after getting the license then the license shall be cancelled. An employee of the Government shall also be ineligible to apply for the grant of license;
(x) that in case of being selected as licensee, bank drafts of earnest money which has been uploaded online along with application shall be deposited by him in the office of District Excise Officer within 48 hours after selection;
(xi) that he has not made use of the bank drafts of earnest money in making application for any other shop in the same phase;
(f) That he shall upload a scanned copy of bank draft of earnest money issued in favour of District Excise Officer of the district of the concerned shop along with online application as may be fixed by the Excise Commissioner with the prior sanction of the State Government;
(g) In case of being selected as licensee, it shall be necessary to deposit bank draft of earnest money in the office of the concerned District Excise Officer within 48 hours after selection, which shall be refunded to applicant after payment of all dues;
(h) That he is holder of solvency certificate or certificate of owned property issued by Income Tax valuer and the worth of solvency or certificate of owned property issued by Income Tax valuer shall be equivalent to not less than the amount of license fee determined for the grant of license of applied shop in the district. Licensees shall be required to submit the original copy of solvency certificate or certificate of owned property issued by Income Tax valuer in that district from where it has been issued at the time of grant of license:
Provided, in case of renewal, solvency certificate or certificate of owned property issued by an authorized Income Tax Valuer produced during the settlement of previous year shall be acceptable if it is valid and is for the required amount.”
They shall be deemed to have come into force with effect from April 01, 2024.
[Notification No. 3754/X-License-185/Bhang Retail Rules–2024-25]
