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[Cites 0, Cited by 0] [Section 35] [Entire Act]

State of Punjab - Subsection

Section 35(2) in The Punjab Liquor Licence Rules, 1956

(2)
(i)The Punjab Medium Liquor and Indian Made Foreign Liquor vends shall be disposed off as licensing units. A Licensing Unit in urban areas shall consist of one L-14A vend and one L-2 vend under one roof. In rural areas, a licensing unit may consist either of a single L-14A vend or a L-14A vend and L-2 vend. The group of licensing units shall be formed by the Collector cum Deputy Excise and Taxation Commissioner with prior approval of The Excise Commissioner, Punjab. The maximum value of the minimum guaranteed revenue of the group shall be approximately Rs. five crores (5.00 Cr). However, if for any reason, this limit of minimum guaranteed revenue of Rs. five crores (5.00 Cr) is to be increased beyond 25 percent, then the Excise Commissioner shall get approval of the Addl. Chief Secretary (Taxation), Punjab. The minimum guaranteed revenue shall include the fixed license fee and the Excise duty leviable on the Minimum Guaranteed quota (at L-14A, L-2, L-13 and L-1 stage) and Special License Fee. The groups/ zones of the above licensing units shall be formed by the Collector cum Deputy Excise & Taxation Commissioners on the advice of the Asstt. Excise & Taxation Commissioners and with the approval of Excise Commissioner. The minimum guaranteed revenue of a group or a zone shall be equal to the sum of minimum guaranteed revenue of the constituent licensing units of that group/ zone. The groups/zones would be allotted to the successful applicants on the basis of draw of lots as under:
(a)If the number of applications for a licensing unit/group is more than one then allottment shall be made by way of draw of lots; or
(b)Urban areas could be divided into one or more zones. The applications may be invited for the whole city or one zone. If the number of applications are more than the groups to be allotted, then the allotment shall be made by draw of lots. The group/zone number of successful allottee shall be made by another draw. The number of successful allottees shall be equal to the number of groups in each zone in that particular area of the city. Successful allottee shall open his prescribed numbers of vends (licensing units) anywhere in his allotted zone, as per the Excise Rules. Where cities have grown outside the municipal boundries the collector-cum-Deputy Excise and Taxation Commissioner, at his discretion, in order to safegaurd Government revenue, can attach such populated area as a part of zone of the city. or;
(c)Any combination of the procedure mentioned in (a) and (b) above
Explanation. - To safeguard the revenue or to make the groups more balanced, the Collector-cum DETC can also attach any rural or urban vend to a zone/group of the city. The attached vend/licensing unit need not to be contiguous with the city.Once an applicant is declared successful, a draw for allotting a zone to him would be made simultaneously. The next draw would take place after deposit of required fixed license fee by the successful allottee.After depositing the fee as specified in sub-rule (6) of rule 36, if any successful applicant/allottee fails to deposit the balance amount of fixed license fee, then his allotment shall be deemed to be cancelled and his fixed license fee so deposited shall be forfeited. The person in the waiting list shall be given a chance. If there is no other person in the waiting list and the number of successful allottees are less than the number of units/zones of that particular area, then in that scenario the same procedure as mentioned above shall be followed. Apart from this, in case where the vends/licensing units/groups are closed due to non-deposit of minimum guaranteed revenue, the above mentioned procedure shall be followed.
(ii)Re allotment of group/zone. - If some groups/zones remain unalloted after the process of draw of lots, re-allotment of such unalloted groups/zones, shall be made by inviting fresh applications as per the same procedure. If some groups/ zones remain un-allotted even after this, the sealed quotations for those groups/ zones shall be called by reducing the fixed license fee by five percent (5%) and a proportionate reduction in the maximum guaranteed quota, after giving three days public notice. If any group/zone remains unalloted even after this, the Government reserves its right to run it on its own or through a Government agency or through its employees. There shall be no minimum guaranteed quota if the Government runs the group/zone itself or through its agencies. The Chief Minister shall be competent to allow any other procedure, different from those mentioned above for disposal of un-allotted group.
(iii)If any successful allottee requires to shift his vend within his prescribed zone, he shall submit an application alongwith a fee of Rs.25,000/- to the Collector-cum-Deputy Excise & Taxation Commissioner upto 31st May. He shall exercise this option only once for a vend ; or