THE UTTAR PRADESH DEMARCATION AND

REGULATION OF SPECIAL ZONES FOR

EXCLUSIVE PRIVILEFE OF EXCISE

SHOPS RULES, 2009   

The Governor is pleased to order the publication of the following English translation of notification no. 310/E-2- XIII -2009 dated February 11, 2009 for general information:

No 310/E -2-XIII-2009

Dated Lucknow. February 11, 2009

                Whereas out of various zones of Excise department in Uttar Pradesh namely Varanasi, Lucknow. Meerut and Agra. The Meerut zone having maximum population density does not have per capita revenue from Country liquor in comparison to its bordering States. The reason thereof is that certain people of this State often visit bordering State of Haryana Delhi and Uttarkhand for consuming liquor bring with them personally from such States and as such the liquor is being smuggled at large scale.

                The enforcement work upto December 2008 also confirm this fact in which there were 260 cases of inter State smuggling in Meerut Zone. Besides the loss of revenue this situation is also detrimental to public heath and safety public and public order as well.  

NOW THEREFORE, in exercise of power under sub section (1) read with clause (e) of sub- section (2) of section 40 of the United Provinces Excise Act, 1910 U.P. act no IV of 1910 and section 21 the following rules for the transfer of exclusive privilege mentioned in sections 24 24-A and 24- B of the Act .

1.(1) These rules may be called the Uttar Pradesh Demarcation and  short title and

Regulation of special zones for exclusive privilege of excise shops rules 2009       Commencement  

  (2) They shall come into force at once.

2.    In these rules, unless there is anything repugnant in the subject or context:-   

 Definitions

(a)  ‘Act’ means the United Provinces Excise Act, 1910, as amended from time to time.

                (b) Exclusive Privilege’ means the privileges as mentioned in sections 24, 24-A and 24-B of the Act.  

                (c) ‘Apex cooperative Body’ means a cooperative body wherein the share of the State Government is not less than fifty one percent and shall also include any joint venture partnership of such society for the purpose of these rules  

                (d) ‘Corporation’ means a body incorporated under section 12 of the  Indian Companies Act,  1956 and  shall also include any joint venture partnership for the purpose of these rules.    

                3. The  Excise Commissioner, with prior approval of the State Government,

 may notify the demarcation of special zones which have been determined to be        Special zone

authorized to exercise the rights and powers given in section 21, 24, 24-A 24-B 28, 30 and 31 of the Act by including various zones charges/ districts / preventive sectors/ circles of the State in view of public health and safety, interest and public order.  

                Explanation:-  for  the purpose of this rule zones charges/ districts/  preventive sectors/ circle will have the same meaning as mentioned in Para 83 and 117 of the Excise Manual Volume  

                4. If an area demarcated as special zone under rule -3 which is in contiguity to border of the other states needs further demarcation as a particular bordering area in   

View of public health an safety public order. It may also be                             

notified by the Excise Commissioner with prior approval of the State Government.  

                5. For the vend by wholesale or by retail of any intoxicant in the demarcated 

Special zones and bordering areas the exclusive privilege as given n sections 24. 24-A  and 24-B of the Act may be transferred to apex Cooperative body/ Corporation in a manner different from remaining districts of the State by the Excise Commissioner with prior approval of the State Government 

 

                                                                                                                             By order,

                                                                                                                           NET RAM

                                                                                                                        Pramukh Sachiv

[1]         


 As published  in U.P. Gazette  Extra part – IV Sec (ka) dated      11- 2- 2009