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State of Goa - Section

Section 90 in The Goa, Daman and Diu (Excise Duty) Rules, 1964

90. Application and procedure for licence.

(1)An application for a licence for wholesale or retail sale of liquor other than denatured spirit preparation, denatured spirit, rectified spirit or absolute alcohol shall be made to the Commissioner in [Form E-28.] [Substituted vide Notification No. 14/9/79-Fin.(R&C) dated 24-3-1980, published in O. G. Series I, No. 1 dated 3-4-1980.]
(2)[ The Commissioner, after making such enquiry as he thinks necessary with regard to the particulars stated in the application, may grant a licence applied for.] [Substituted vide Notification No. 14/9/79-Fin.(R&C) dated 24-3-1980, published in O. G. Series I, No. 1 dated 3-4-1980.]
(3)The Commissioner will, however, not be bound to grant a licence applied for and may for reasons to be stated in the application, may grant a licence applied for.
(4)
(a)No licence shall be granted to an applicant if the premises in which he proposes to open liquor shop are within a radius of 100 meters from [an Educational Institution or a place of worship] [Substituted vide Notification No. 2/3/97-Fin.(R&C) dated 24-9-1990.].
(b)[Omitted] [Substituted vide Notification No. 2/3/97-Fin. (R&C) dated 24-9-1990.].
(c)No licence shall be granted to an applicant if the premises in which he proposes to open liquor shop is within a radius of 100 meters from a Harijan Basti or a Labour Colony:
Provided that a licence may be granted by the Commissioner with prior approval of the Government in the derogation of the above restrictions contained in sub-rule (4), to a hotel or restaurant [or such premises for retail sale/wholesale of foreign liquor or Indian made foreign liquor or country Liquor in sealed bottles] [Substituted vide Notification No. 2-3-87-Fin(R&C) dated 24-9-1990, published in O. G. (Ext-2) Series I, No. 25 dated 25-9-1990.] [or for consumption on the premises] [Substituted vide Notification No. 1/14/98 - Fin(R&C) dated 14-10-1998.] which the Government consider proper with a view to promote Tourism in the State.
(5)[ There shall be the following types of licences for sale of foreign liquor, Indian made foreign liquor and country liquor, namely:-
(i)Licence for wholesale of foreign liquor, Indian made foreign liquor or country liquor;
(ii)Licence for retail sale of foreign liquor, Indian made foreign liquor or country liquor for consumption in the premises; and
(iii)Licence for retail sale of foreign liquor, Indian made foreign liquor or country liquor in sealed bottles.]
(6)[ On receipt of the sanction, the Excise Inspector in whose jurisdiction the premises of the applicant are situated shall issue licence in Form E-24, Form 25-A as may be applicable.] [Substituted by Notification No. Fin. (Rev.)/2-35/49/75 dated 29-12-1976, published in O.G. Series I, No. 42 dated 13-1-1977.]
(7)The licence fee shall be paid by the licensee in two equal installments, first, before issue of licence and the second in the first month of the second semester of the financial year.
(8)When the business is started in the course of the second semester only half of the annual fee shall be payable.
(9)The Commissioner may, if he is satisfied that the financial conditions of licensee so requires authorise the retail vendors to pay the fee in four equal installments, each in the first month of each quarter of the financial year.
(10)[ The Commissioner may, if he is satisfied that sufficient and good reason exist, for authorizing additional points for effecting sale in the licensed premises meant for consumption of foreign liquor only may grant additional such points on an application made by the licensee.] [Inserted by Notification No. 11/1/2000-Fin(R&C)-I dated 31-3-2000 published in O.G. Series I No. 53 (Extraordinary 6) dated 31-3-2000.]
(11)[ No licensee having a licence for retail sale of Indian made foreign liquor and country liquor and or Foreign Liquor for Consumption on premises shall carry out the business in the "name and style" which denotes any religious name.] [Inserted by Notification No. 32/1/2004-Fin(R&C)/Part dated 26-6-2009 published in O.G. Series I No. 14 dated 2-7-2009.]