40. Licence to continue after its expiry, provided licence fee is paid.
(1)Where a licence is granted otherwise than by auction or tender it may be continued after the period of its expiry in respect of the same premises, with the permission of the licensing authority, provided that the requisite licence fee has been paid by the licensee. However, when any such licence has been determined by reason of surrender, cancellation or order of non-renewal or other cause or where it is proposed to issue licence in respect of the premises to persons not previously licensed, a new licence may be issued, provided -(a)a new licence is not required on account of the addition of or removal of a partner on the application of all the partners or the change of a representative of a company or society;(b)a licence continued to the legal heirs of a deceased licensee for the remaining period of the licence shall not be deemed to be a new licence;(2)a new licence may not be required(a)if the premises of a licence is changed during the period of its continuance, the authority competent to grant the licence may direct that the licence may be continued for the remaining period of the term on the existing fee:(b)In case of death of licensee, the names of legal heirs may be substituted by the licensing authority.(c)if the legal heirs of deceased are not interested to continue the licence, the same may be transferred by the authority competent to grant it, only for the remainder of its currency to a new licensee.
