(1)Winery shall be constructed and/or established only with an explicit permission of the State Government under these rules.(2)Any person intending to construct and/or establish a winery shall apply to the State Government through the Excise Commissioner for the required permission in Form W-1.(3)Every such application shall be accompanied by : -(a)Detailed layout plan in quadruplicate of the proposed unit drawn on sheets of tracing cloth as per scale;(b)A Challan, in original, of payment of fee prescribed by the State Government;(c)The plan referred to in clause (a) shall contain complete details of the proposed unit including the land buildings, fixtures etc. It will clearly indicate the exact location and dimensions of all the rooms, floors, storey, windows and other opening. The precise location where vats, vessels, tanks, pipeline, valves, revenue locks, electric or gas conduits, refrigeration or heating systems and any other apparatus, appliance gadget equipment or machinery shall be installed, fitted or used alongwith details about their capacity, size use etc. must appear in detail plan. The manner in which the rooms, halls or buildings comprised in the premises shall be utilized, must be specified in the layout. The points where revenue locks shall be attached must be indicated by the symbol RL;(d)A detailed project report of the winery in quadruplicate;(e)A statement in quadruplicate giving in detail the process desired to be adopted for manufacturing wine;(f)Any other certificate, authorization or clearance required from Central Government, a local Body, Town and Country planning Authority or Department, Chhattisgarh pollution Control Board or any other authority or department of the State Government under any enactment or rules, in force.(4)The Excise Commissioner shall after such examination as may deem proper, forward the application to the State Government with his comments and recommendation thereon.(5)(i)If the State Government is satisfied of the proposed scheme of the applicant, it may issue "Letter of intent" in form W-2 to the applicant.(ii)Where it appears that the application is not complete in all material particulars or is not accompanied by the required documents the State Government or the Excise Commissioner or any other officer authorised in his behalf shall serve a notice by registered post in writing, requiring the applicant to complete all material particulars, to furnish the required documents not later that 30 (thirty) days from the date of communication of the said notice. An application for the grant or renewal made under these rules shall not be refused by the sanctioning Authority only on the ground that application in not complete in all material particulars or is not accompanied by the documents.(6)Government reserves the right to reject the application after hearing the applicant.(7)In addition to issuance of "Letter of Intent" the State Government shall forward the duplicate, triplicate and quadruplicate copies of the project-report and statement of manufacturing process referred to in clause (d) and (e) of sub-rule (3) after duly stamping them with the official seal in token of its approval to the applicant, the Excise Commissioner and the District Excise Authority of the relevant district receptively. The original shall be retained by the Government. The District Excise Authority shall keep an attested photocopy of both these documents in his office and send the quadruplicate copies bearing the stamp of the State Government to the officer-in-charge whenever the plant is commissioned.(8)The "Letter of Intent" thus issued shall be valid for two years from the date of communication within which period the holder thereof shall complete the construction of the building and installation of plant and machinery in all respects according to the plan approved by the State Government and make the unit ready for commissioning.(9)In case the applicant fails to complete the job within stipulated period of two years, the "Letter of Intent" granted shall be liable to cancellation without compensation for any damage or loss to the holder thereof:Provided that where after receiving the recommendation of the Excise Commissioner if the State Government is satisfied that failure on the part of the applicant to complete the work as per approved plan within the specified period is attributable to circumstances beyond control of the holder of the letter of intent or there are other valid reasons, if may grant extension of the period of the letter of intent up to a period not exceeding one year.(10)The "Letter of Intent" issued under sub-rule (5) shall not create any prerogative in favour of its holder for grant of a licence and shall be liable to be revoked or withdrawn at any time in public interest after giving him, a notice to show cause against such action and hearing if he so desires.(11)No compensation for damage or loss shall be payable when the "Letter of Intent" is revoked or withdrawn under sub-rule (10).(12)The holder or "Letter of Intent" shall not transfer or sub-lease it or enter into agreement with any other person for the construction of winery without the pervious sanction of the State Government.
