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State of Bihar - Section

Section 9 in The Bihar Excise (Settlement of Licences for Retail Sale of Country/Spiced Country Liquor/Foreign Liquor/ Beer and Composite Liquor Shop) Rules, 2007

9. Qualifications for Applicant.

- No person shall be allowed to participate in the process of settlement unless he;
(a)produces solvency certificate in prescribed form, equivalent to reserve fee of one month of licence fee granted by the Circle Officer of the concerned circle where he resides or owns immovable property:
Provided that if he does not produce the solvency certificate, such person may be allowed to participate in settlement if he deposits cash amount or produces Bank Draft or bank guarantee of the amount of 1/12 of the fixed annual licence fee in prescribed form by any scheduled bank and is valid for the period of settlement. The cash amount/Bank Draft so produced shall be returned to the unsuccessful participant immediately after the settlement is over. But in case of successful participant, it shall be adjusted against advance security, payable under Rule 15 of the Rules.
(b)produces an affidavit duly affirmed in prescribed form, giving descriptions of his movable and immovable property and its status and annexed with the affidavit, the copies of document supporting his title of the property shown in the affidavit;
(c)if he has outstanding arrear of excise revenue:
Provided that if his name is found in the list of arrear holder of excise revenue, he may be allowed to participate in settlement only when he makes payment of his entire payable dues before the settlement process and gives an undertaking on stamp paper that if any further arrears are found due with him, as per calculation concerning the said district or any other district, he shall deposit the same within two weeks from the closure of the settlement or the commencement of the licence shop, whichever is earlier;
(d)If he has been convicted by a criminal court for any offence and sentenced to imprisonment for one year or more;
(e)if his licence has been cancelled during the last three years;
(f)if he has been debarred from participating in settlement under the provisions of these rules;
(g)unless he submits no dues certificate from the authorities of commercial taxes.
Note. - In case of any doubt concerning the genuineness of the solvency certificate or any other certificate, the decision of the officer conducting the settlement shall be final.