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State of Assam - Section

Section 249 in The Assam Excise Rules, 2016

249.

(1)The Collector shall make settlement of the Excise shops in consultation with an Advisory Committee of not more than five non-official members including representatives of the Scheduled Castes, Scheduled Tribes and Other 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 their names are not divulged. In selecting the members of the committee care 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 person 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 the 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 shop 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)
(i)No person shall be allowed to own more than one Excise shop at a time. If any person is found to get settlement of more than one shop, he should surrender such shop retaining only one. The surrendered shop shall be resettled at his risk and any loss suffered by the Government on account of such re-sale shall be recovered from him.
(ii)No shop shall be put up for settlement in a lot with another shop unless the previous sanction from the Excise Commissioner has been obtained.
(7)No shop shall be settled with anyone who has not tendered for the shop within the notified time. Whenever it is found that no tender has been received for a shop within the notified time or where a suitable person from amongst the tenderers is not found for settlement, a fresh notice shall be issued inviting tenders for such a shop; provided that a notice of ten days will be sufficient in such cases. The same procedure will be followed at the re-settlement of shops.
(8)Persons belonging to one joint family shall not be allowed to have more than one shop between them.
(9)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
(10)On the day of the settlement the excise shops shall be taken up for settlement separately and ordinarily in the order specified in the sale notice. A person with whom a shop has been settled shall pay the security deposit as provided under Rule 268 of these Rules immediately on announcement of the result of the settlement; provided that the Collector in exceptional circumstances may grant 3 (three) days time to make such deposit. On his/her default to pay the deposit, the shop shall be resettled giving only 10 (ten) days notice. An annual licence fee as may be prescribed by the Government from time to time shall be realized before issue of the licence.
(11)If a successful tender 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 already deposited but without further penalty. The shop will then be resettled giving only 10 (ten) days notice and the person so withdrawing shall be debarred from taking part in the resettlement.
(12)If for any reason a licence, after the settlement has been held is refused to the persons selected the security deposited by him/her will be refunded.
(13)Tenderers for country spirit shops in the 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 or Rules.
(14)The settlement with the accepted tenderer is contingent on a no objection certificate being granted by the District Magistrate to his or her character or conduct.
(15)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 made.
(16)After the settlement has been concluded, no alteration in the serial number of shops or in the fees paid therefore shall be made without the previous sanction of the Excise Commissioner.
(17)Officers making settlement shall personally verify, at the close of settlement, by personal communication with the Treasury Officer, that the amount of annual licence fees and the security deposit payable in advance as prescribed by the Government from time to time 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 is to be kept in sealed bags in the Treasury and brought to account the next day.
(17)
(a)Licence Fee at the following rates for the retail sale of Country spirit for each shop shall be realized before grant of licence:
(i) A shop with average monthly sale of countryspirit during the previous term upto 1000 LPL; Rs.30,000.00
(ii) A shop with average monthly sale of countryspirit during the previous term above 1000 LPL but not exceeding2000 LPL; Rs.60,000.00
(iii) A shop with average monthly sale of countryspirit during the previous term above 2000 LPL but not exceeding4000 LPL; Rs.1,00,000.00
(iv) A shop with average monthly sale of countryspirit during the previous term above 4000 LPL; Rs.2,00,000.00
(b)The annual renewal of licence fee to be received by the last day of February - All applications for the renewal of licences shall be received in the office of the Deputy Commissioner of the district (Excise Branch) on or before the last day of February every year along with licence fee, payable for the renewal of licence for the next year. In case of delay, the Deputy Commissioner may admit such applications on or before 31st of March of the year, for the renewal of licence for the next year, provided that there are good and sufficient reasons for the delay and on payment of additional fee of ten(10%) percent of the prescribed licence fee:
Provided that the application for renewal of licence may be admitted on or after the 1st day of April of the year for which renewal is sought, if there are good and sufficient reasons for the delay, on payment of additional fee of fifty (50%) percent of the prescribed licence fee for the year:Provided further that in respect of the cases falling under the above proviso, the licence shall cease to have effect with effect from the 1st day of April till the date of submission of renewal fee of licence alongwith the additional fee."
(18)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 and licence fees have 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.