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THE
U.P. RESTAURANT (CONSUMPTION OF LIQUOR) RULES, 1952[1]
SECTION
'A'
445. Short title
(Rule 1)-These rules may be called the U.P. Restaurant
(Consumption of liquor) Rules, 1952.
446. Definition
(Rule 2)- In these rules unless the context otherwise
requires-
(a) 'Country
Liquor' or 'Foreign liquor' means liquor as defined in section 3 (ii), which
the State Government has declared and classified as such under sub-sections (1)
and (2) of section 4 of the U.P. Excise Act, 1910 (U.P. Act No. IV of 1910),
respectively;
(b) 'exempted'
means any proprietor of a restaurant exempted under these Rules;
(c) 'exempted
restaurant' means a restaurant which has been exempted under these rules;
(d) 'proprietor'
means the proprietor of restaurant and includes any manager or occupier thereof;
(e) 'restaurant '
means any place in which the public is admitted for consumption of food or drink
for consideration and includes cafe, hotel, bars, aerated (soda water) or sharbt,
betel or chat shops and any other place where 'edible ' are sold;
(f) 'Act' means
the U.P. Excise Act, 1910 (U.P. Act No. IV Of 1910); and
(g) 'Government'
means the Government of Uttar Pradesh.
SECTION
'B'
CERTIFICATE
OR EXEMPTION
447. (Rule 3) - In
addition to the restrictions created by sub-Section (4) of section 20 of the
Act and whether or not the quantity is within the limit of private possession
or within limit of retails sale as declared by the State Government under
section 6(1) of the Act, no person shall have any country liquor or foreign
liquor in his possession except on the condition that it shall not be taken
into or kept upon any premises used as a restaurant or in any of the places to
which the provisions of Rule 414, supra have been applied or any other
place in regard to which a similar notification may have been issued or may subsequently
be issued by the Government unless a certificate of exemption has been granted
in respect of such premises and is in force.
448. (Rule 4)- The
number of exempted restaurants for the consumption of liquor in any particular
area will be determined and fixed by Government after consultation with the Collector
of the district and the Excise Commissioner, Uttar Pradesh keeping in view the interest
of prohibition and temperance.
449. (Rule 5)- Subject
to other provisions of these rules, a certificate of exemption in Form G-41 of
the Excise Manual, Volume II, and subject to such conditions as are contained
therein or which may be added hereafter by the order of the Excise Commissioner,
may be issued by the Collector of the district concerned for a period not exceeding
one year from April 1, to March 31, in respect of any premises to be specified therein
not provided that Government may sanction shorter period for such certificate.
450. (Rule 6)- Certificates
of exemption shall be granted as a matter of routine but after due scrutiny.
They shall not be issued in respect of premises, which are suspected of being
visited by minors, students, bad characters, criminals or prostitutes.
451. (Rule 7)- A
certificate of exemption may be cancelled by the Collector at any time without
assigning any reasons.
452. (Rule 8)-
A certificate shall not be utilized in respect of any premises other than those
in respect of which it has been granted.
453. (Rule 9)- Exempted
premises shall at all times be open to inspection by all Excise Officers of and
above the rank of Excise Inspectors, Revenue Officers of and above the rank of
Tahsildar or Police Officers of and above the rank of Station Officer.
454. (Rule 10)- The
presence of any quantity of country or foreign liquor within the premises of a
restaurant, irrespective of the limit of individual possession, shall be sufficient
to raise presumption under section 71 of the Act, against the Proprietor or the
Manager of the restaurant for illegal possession of such liquor and he shall be
liable punishment under section 60 of the Act, unless he established that due
and reasonable precaution were exercised by him to prevent the presence of such
'liquor’ in the premises of his restaurant.
NOTIFICATION[2]
Within the limits
of Mahapalikas, Municipalities, Cantonments notified and town areas and area
within five miles of all such area throughout the State, no person shall have
any country
of foreign liquor
in his possession in the premises used as a restaurant, café, hotel bar, or
shop of created water, sharbat, Chat or betel, or at any other place
where edibles are sold or consumed, unless such place is licensed for the sale
and consumption of country or foreign liquor or has been exempted under rules
of the U.P. Restaurant (Consumption of Liquor) Rules, 1952.
N.B.- For the purpose of this rule, a restaurant, cafe, hotel, bar or place where edibles, are sold or consumed, means any place or premises to which public are admitted for the consumption of food or drink in lieu of a consideration and included premises of aerated water, soda-water, sharbt, betel and chat shops.
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