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State of Assam - Section

Section 208 in Assam Excise Rules, 1945

208.

(1)The Collector shall make settlement of the excise shops in consultation with an Advisory Committee of not more than five official members including representatives of the Scheduled Castes, Scheduled Tribes and Backward Classes.
(2)The invitation to the members should be issued on the day fixed for the settlement and all possible precautions shall be taken to ensure that there names are not divulged. In selecting the members of the Committee car should be taken to select such persons as are known to have a distinct sympathy for the advancement of the cause of temperance and prohibition and faith and the principles of social justice. No person who is known directly or indirectly to have or who is likely to have any interest in any excise shop or in any excise business or in any person doing such business shall be invited.
(3)Tenders received from persons in the "Debarred List" or from persons who are not citizens of India as defined in Articles 5 to 8 of the Constitution of India shall not be considered by the Advisory Committee. All other tenders should be considered by he Committee but shops shall not be settled with persons of bad moral character or with persons who may be considered undesirable.
(4)Settlement of a ship shall have to be made by selection from amongst the tenderers for that particular shop, and the tenderers so selected shall also be financially sound to run the shops.
(5)The settlement of all shops shall be subject to the express condition that the licensee will be personally responsible for its working and proper functioning.
(6)No person shall be allowed to own more than one excise shops at a time. If any person is found to get settlement of more retaining than only one, the surrendered shops shall be resettled at his risk and any loss suffered by the Government on account of such re-sale shall be recovered from him.
(7)Persons belonging to one joint family shall not be allowed to have more than one shops between them.
(8)Settlement shall be made on the express condition that if any shop is closed at any time during the currency of the licence as a result of the operation of temperance or prohibition policy of the Government or otherwise, the lessee will not be entitled to any compensation on that account.
(9)Licence fees at the following rates for the retail sale of Country Sprit for each shop shall be realised before the grant of licence
(a)A shop with average monthly sale of Country Spirit during the previous term upto 500 LPL Rs. 10,000.00
(b)A shop with average monthly sale of Country Spirit during the previous term above 500 but not exceeding 1000 LPL Rs. 15,000.00
(c)A shop with average monthly sale of Country Spirit during the previous term above 1000 LPL but not exceeding 3000 LPL Rs. 30,000.00
(d)A shop with average monthly sale of Country Spirit during the previous term above 3000 LPL. Rs. 50,000.00
(10)If a successful tenderer who has paid security applies to withdraw from the transaction before the time comes for opening his/her shop, he/she may be allowed to do so on forfeiture of the security deposited but without further penalty. The shop will then be resettled giving only ten days, notice and the person so withdrawing shall be debarred from taking part in the settlement.
(11)If for any reason a licence, after the settlement has been held, is refused to the person selected the security deposited by him/her will be refunded.
(12)Tenderers for country spirit shops in districts contiguous to Nagaland, Meghalaya, Mizoram, Manipur, Tripura, Arunachal Pradesh, West Bengal, Bangladesh and Bhutan are prohibited from holding any interest, direct or indirect, in liquor shops in these states and territories. Infringement of this condition will result in the cancellation of the licence granted, together with any other penalty prescribed under the Act, Rules or licence.
(13)The settlement with the accepted tenderer is competent on a no objection certificate being granted by a District Magistrate to his or her character or conduct.
(14)A person with whom a shop has been settled shall sign his/her name or if he/she is illiterate affix his/her thumb impression immediately opposite the statement of the fee in the bid book on the day on which the settlement is offered.
(15)After the settlement has been concluded, no alteration in the serial number of shops or in the fees paid therefor shall be made without the previous sanction of the State Government.
(16)Officers making settlement shall personally verify, at the close of settlement, by personal communication with the Treasury Officer, that all amount due as security have been paid. As far as possible, sums deposited should be entered in that day's accounts, but when this is not possible amount paid late are to be kept in sealed bags in the Treasury and brought to account the next day.
(17)The District Collector or Sub-divisional Officer by whom the settlement is made shall deliver each licence to the person entitled to receive it, after satisfying himself that the amount of security has been duly deposited. He shall take the receipt on the counterfoil of the licence. In these cases, where the licensees are illiterate, and unable to sign, their thumb impressions shall be taken on the counterfoil.