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State of Andhra Pradesh - Section

Section 17 in Andhra Pradesh Distillery (Manufacture of Spirits) Rules, 2006

17. Transfer of Licence.

(1)
(i)No licensee shall, except with the sanction of the commissioner transfer his license to any other person. The Commissioner may allow such transfer of license on payment of prescribed fee and on production of certificate to the effect that no cases involving contravention of Excise Act and Rules framed there under are pending against him and also on production of Sales Tax and Income Tax clearance certificates.
(ii)When there are only two partners in the firm holding the licence and one of them withdraws or expires the entity of firm changes from partnership to proprietary and it amounts to transfer of licence.
(iii)Conversion of a proprietary concern into a firm or a company or a firm into a company and vice versa shall amount to transfer of licence.
(iv)The Commissioner on payment of a fee of Rs. 50,000/- (Rupees fifty thousand only) and on obtaining such undertaking or Bond and such other material or documents to protect the interest of the Government as he may deem fit, may grant such permission for the transfer of the licence in the cases referred in clause (ii) and (iii) above.
(v)Where there is a change of 50% or more partners, it shall be construed as complete change in the ownership, a fee of Rs. 50,000/-(Rupees fifty thousand only) shall be paid.
(2)Inclusion or Exclusion of partners: No licensees shall except with prior permission of the licensing authority get any person included as a partner to his business or get an existing partner excluded.
(3)Merger of licence:
(i)When licensees of two or more existing distilleries subject to the provisions of sub-rule (1) desire to merge into one distillery may apply to the Commissioner in Form D4 (M) along with a challan for Rs. 50,000/- (Rupees fifty thousand only).
(ii)On receipt of such application the Commissioner if satisfied, may obtain such undertaking or Bond and such other material or documents to protect the interest of the Government as he may deem fit, may grant such permission after obtaining the orders from the Government for the merger of the distilleries.
Part - VI Provisions Relating to Regulation and Supervision of Distilleries