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State of Assam - Section

Section 4 in The Assam Bonded Warehouse Rules, 1965

4. Grant of licences.

(1)On receipt of the application and after such enquiry as he deems necessary, the Excise Commissioner may forward the application to the Government with his comments thereon.In deciding whether a licence for the working of a bonded warehouse is to be granted or not, the Excise Commissioner shall take fuel consideration of the purpose for which it is proposed to open the warehouse and the demand of necessity for such a warehouse.
(2)Bonded warehouse may be opened in case of foreign liquor-
(a)for sale to the retail and wholesale licence- holders of liquor;
(b)for supply of spirits for the manufacture of chemicals, medicated articles, etc., or for other industrial purposes;
(c)for any or all of the above purposes combined.
(3)If the Government approved the opening of a bonded warehouse in any area, the Excise Commissioner shall issue necessary sanction under Section 16 of the Act and inform the applicant and the Collector of the district in which the warehouse is to be opened. He shall also inform the applicant the amount of security to be furnished by him for the due performance of the conditions on which a licence may be granted to him. The amount of security deposit may be fixed at Rs. 5,000 or more according to the volume of business.
(4)The applicant shall then be called upon to make necessary arrangement for the construction of the warehouse at his cost. Upon completion of the building and after the vats and other permanent apparatus, etc., have been set up, he shall file two fresh copies of the plans before the Collector who shall cause them to be verified in any manner he thinks proper, and then submit one copy to the Excise Commissioner for examination and for comparison with the plan first submitted, and for any purpose further verification he may think necessary. After final approval by the Excise Commissioner a licence will be granted to the applicant in the form prescribed in those rules. The applicant shall be bound to conform to the directions from the Excise Commissioner, regarding any addition or alteration to the buildings, vats or other permanent apparatus or plants which he considers necessary whether before or after the final plans are submitted for the proper security of the revenue or to render illicit practices impracticable.
(5)No addition or alteration to the buildings, vats or other permanent apparatus as shown in the plans finally submitted by the applicant shall be made without the previous sanction of the Excise Commissioner obtained through the officer-in-charge and the Collector. If the Excise Commissioner so directs, such additions or alterations may be permitted by the Collector subject to the Excise Commissioner's approval. When any such additions or alterations are made, fresh plans shall be submitted, to the Excise Commissioner through the Collector with a certificate from the officer-in-charge that they are correct.
(6)It shall be open to Excise Commissioner to verify at any time any of the descriptions and plans above-mentioned, and no proof of error, to require fresh ones to be submitted for sanction. Such verification may be made by any officer deputed for the purpose, and such officer shall be allowed full access to the premises. Sanction to the plans may be withheld until any point in respect of which they differ from already sanctioned plan has been rectified to the satisfaction of the Excise Commissioner. The licensee shall be bound to carry out such rectification within a reasonable time to be fixed by the Excise Commissioner.