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State of Chattisgarh - Section

Section 4 in Chhattisgarh Winery Rules, 2013

4. Grant and renewal of licence for a winery.

(1)The holder of "Letter of Intent" shall report to the Excise Commissioner, the date on which the construction of the premises and installation of plant is complete and formally make a request to him to grant a licence.
(2)The application mentioned in sub-rule (1) with following documents shall normally be made through the District Excise Authority of the concerned district who shall forward it to the Excise Commissioner : -
(a)Report of the committee appointed by the State Government ensuring that the premises have been built and plant erected in accordance with the approved plan enclosed with the "Letter of Intent" and that the plant is ready for commissioning.
(b)A copy of challan, of payment of prescribed licence fee.
(3)The Excise Commissioner after taking into consideration the report of the Committee along with documents specified in sub-rule (2) or after making such further inquiries as he deems necessary may grant the licence in Form W-3 or may refuse to grant the licence.
(4)The licence thus granted shall be for a period ending financial year in which it is granted and may be renewed by the Excise Commissioner for one financial year at a time on payment of prescribed licence fee. The request for renewal shall be decided on merits, the factors to be considered being whether the licensee has duly observed the conditions of licence and had complied with all rules and orders or directions issued by the Excise Commissioner.
(5)The application for renewal of licence shall be submitted through the District Excise Authority of the concerned districts. The application must reach to the office of the District Excise Authority by the end of January immediately preceding the financial year for which renewal is desired. If any addition and alteration in the building, plant, has to be made, fresh blueprints showing clearly all time additions and alternations to be carried out, shall be attached to the application. If no addition or alteration is proposed then a certificate to that effect by the officer-in-charge shall be attached.
(6)No licence shall be granted or renewed unless the applicant or the licensee has deposited a sum prescribed by the Excise Commissioner as security for due performance of licence conditions. Any liability arising against the licensee by way of duty fee, penalty etc. under the provisions of the Act or these rules, shall be recoverable from the amount of security deposit and the reduced security amount shall be indemnified to that extent by the licensee within fifteen days. In case the license is cancelled for gross violation of any condition or any other reason, the security amount shall stand forfeited.
(7)Immediately after the initial grant of a licence or its renewal the licensee shall execute a counter part agreement in Form W-14 and shall not commence working of the Winery unless done so.
(8)The Licensee shall not hypothecate, sell, mortgage, transfer or sub-lease the licence or enter into partnership for working of the licence, without previous permission of the Excise Commissioner. Such a permission if granted shall be endorsed on the licence.
(9)No addition or alteration in the building or the plant machinery shall be done without the prior approval in writing of the Excise Commissioner :Provided that minor additions, minor alterations or repairs of urgent nature may be permitted by the officer-in-charge subject to immediate report and subsequent approval of the Excise Commissioner.
(10)A licence granted or renewed under these rules shall remain in force for the period specified therein, unless it is suspended, cancelled, withdrawn or surrendered earlier.