Section 560 in Rules under the United Provinces Excise Act, 1910
560. Settlement of shops by inviting tenders.
(1)(a). Each shop shall be settled afresh every year by the Collector by inviting tenders in Form G-28-A. Each tender shall be accompanied by a treasury receipt of Rs. 2 otherwise it shall not be considered.(b)Tenders shall be submitted in sealed covers superscribed with the word 'Tender' for licence (C.L. 10-A) for Tari shop under the tree-tax system, and shall reach the Collector by the last date of receipt fixed and notified by him.(c)All the tenders received by the Collector shall be kept by him in his safe custody, and shall soon after the expiry of the last date of receipt be opened by him at one and the same time in the presence of such of the tenderers as may be'present on the date notified at least one week in advance but not later than August 31, every year. The date of opening the tenders shall also be intimated in advance to the Assistant Excise Commissioner of the charge.(d)A settlement report shall be submitted to the Excise Commissioner on or before September 15 every year in Form G-11-A for his sanction.(2)Shops shall be settled with the person offering the highest tender but tenders may be invited afresh if the highest offer made is considered to be inadequate of the person who has submitted the tender is disqualified from holding Tari shops under the rules or is of a doubtful solvency or is otherwise considered undesirable.(3)The tenderer with whom a shop is settled shall be required to deposit one-sixth of the total tendered amount as advanced before August 31. This amount shall be adjusted towards tree-tax and surcharge on trees marked after April 30 one third of the tendered amount shall be payable till January 31 and the remaining half till April 30. In case the advance deposit of one-sixth of the total tendered amount is not deposited by the date fixed the licence shall not be granted by the Collector and the shop shall be settled with another tenderer considered suitable by the collector. The deficit, if any, shall be recoverable from the defaulting tenderer as arrears of land revenue.In case of default in depositing the two remaining instalments by the date fixed, the licence shall be cancelled and the shop settled afresh at the risk of the defaulter with the least possible delay any loss arising from the re-settlement shall be recovered by adjustment in the advance deposit. Balance, if any, shall be recovered as arrear of land revenue. If a licensee is not able to get the total number of trees covered by an instalment marked within the period fixed for its payment he shall be allowed to utilize the balance of instalment in marking trees after April 30.Note. - Particulars of advance deposits made by the licensee shall be communicated by the Collector to the Excise Inspector concerned.(4)Marking of trees in excess of amounts covered by an instalment shall be permitted against additional deposits which may be adjusted towards subsequent instalments.(5)Surcharge and trees-tax fixed by the Government for each Tar and Khajur tree for the area concerned shall be leviable in the case of shops settled under this system.(6)(a)For the due observance of the conditions of his licence, the licensee shall deposit security, either in cash, Government Promissory notes or in such other form as the Collector may approve, of an amount equal to l/12th (one-twelfth) of the amount tendered for the shop by the licensee.(b)Licence for vend shall be granted in Form C.L. 10-A. The licensee shall be bound by the conditions of this licence.
