Section 12 in The Bihar Excise (Settlement of Licences for Retail Sale of Country/Spiced Country Liquor/Foreign Liquor/ Beer and Composite Liquor Shop) Rules, 2007
12. Procedure of settlement.
(1)A list will be prepared of eligible applicants who have applied in prescribed application form. A shop-wise list of the applicant shall be prepared and published by the Licensing Authority before draw of lottery.Licensing Authority shall select the candidate for each shop through lottery. For each shop three candidates will be selected seriatem in order of preference and the shop shall be settled as per Rule 4 of these Rules and the direction issued by the Excise Commissioner.(2)Where number of applicants are less than three for a particular shop, Licensing Authority shall draw the lottery between available applicants. Notwithstanding, that an applicant may have been selected for any number of shop, but he shall be entitled to get settlement of maximum three shops in the one district. The shop shall be settled with the serial number one among the selected three candidates, but if he backs out from the settlement he shall be disqualified from settlement of any shop in the State. Such shop will be settled with the candidate selected at serial second and thereafter serial third in order of preference.(3)Settlement shall be started from the shop for which respectively least number of application has been received.(4)Application received in equal number for more than one shop, settlement shall be started from the shop having maximum minimum guaranteed quantity.(5)Settlement shall be conducted at the district headquarter, and shall be presided over by the Licensing Authority. If the Licensing Authority for unavoidable reason is unable to preside over the settlement, he may authorize any officer not below the rank of Additional Collector, Assistant Commissioner of Excise or Superintendent of Excise to preside over the settlement. All proceedings conducted shall be forwarded to the Licensing Authority for consideration by the said officer.
