Section 381 in Rules under the United Provinces Excise Act, 1910
381. Short title and commencement.
(1)(i)These rules shall be called the Uttar Pradesh Excise (Licensing under the Surcharge Fee System) First Amendment Rules, 1976.(ii)They shall come into force with effect from the date of their publication in the Gazette.(2)[ (a) The following procedure shall apply for the settlement of licences other than F.L. 7-A (Beer Bar) licences :] [Substituted by Notification No. 10757, dated March 10, 1976.](i)Whenever a new licence is proposed to be granted under the surcharge fee system, the Collector shall invite applications for the purpose after giving publicity at the offices of the[Zila Parishad] [ Now 'Zila Panchayat' vide U. P. Act No. 9 of 1994.], [Nagar Mahapalika or the Nagar Palika] [Now 'Municipal Corporation' vide U. P. Act No. 12 of 1994.], the Collector's office, the office of the Deputy Assistant Excise Commissioner and in such other manner as is considered reasonable by the Collector.(ii)A List of shops for the retail vend of excisable articles for which the Collector proposes to select licensees shall be exhibited at the Collector's office.(iii)Applications for the grant of a licence shall be in Form G-28 (as annexed to the rules) and shall be addressed to the District Excise Officer.Note. - (1) The last date to be fixed for the receipt of applications shall not be earlier than fifteen days after the date of exhibition at the Collector's office of the invitation of the applications.(2)An application for grant of a licence shall be accompanied by a treasury receipt for twenty five rupees. Application not accompanied by such a treasury receipt shall not be considered.(iv)The District Excise Officer shall scrutinise all the applications received by him and draw up a list of applicants whom he considers suitable. In preparing the list he may make or cause to be made such inquiries as he may consider necessary and shall be guided by the principles laid down in Rule 3. He shall also prepare a second list containing the names of those applicants whose names have not been included in the list of suitable candidates and record against each name his reasons for omitting it from the first list. Both these lists shall be forwarded by him to the Deputy Assistant Excise Commissioner concerned. The Deputy Assistant Excise Commissioner shall forward these lists to the Collector after recording his view in regard to the suitability of each of the applicants. The Collector may then make or cause to be made such further inquiries as he considers necessary, and may, for reasons to be recorded, grant the licence to any applicant whom he considers suitable having regard to the principles laid down in Rule 3.(b)The following procedure shall apply for the settlement of F.L. 7-A (Beer bar) licences. Any person who is eligible under Rule 3(1) of these rules may apply to the District Excise Officer in Form G-28 for a licence of the above category. The District Excise Officer may make or cause to be made such enquiries as he may consider necessary, and shall forward the case to the Assistant/Deputy Excise Commissioner who will record his views before forwarding the case to the Collector. The Collector may after such enquiry as he may further consider necessary after taking into consideration the principles laid down in Rule 3, grant a licence to the applicant, if found suitable at a location fixed by him.Note. - An application for grant of a licence shall be accompanied by a treasury receipt for twenty five rupees, Applications not accompanied by such a treasury receipt shall not be considered.(3)[ The following general principles are laid down for the selection of licensees :] [Substituted by Notification No. 1174-E-l/XIII 405-84, dated 24th March, 1986, published in U.P. Gazette, Part 4 (ka), dated 24th March, 1986.](1)The person eligible for the licence shall be -(i)Persons who pay a minimum of one hundred rupees as income-tax, wealth-tax or land revenue.(ii)Persons to the following categories who have the capacity to invest capital to the satisfaction of the Collector :(a)members of the family of such persons as has been filled in the wars fought for the nation after independence.(b)Military personnel who have become invalid in the war fought for the nation after independence.(c)Members of Scheduled Castes/Scheduled Tribes;(d)Members of the family of freedom-fighters who are wholly dependent upon him;(e)Educated widow; or(f)Educated unemployed persons whose character has been verified by the Collector of the district to be good :Provided that for licences of tari shops under the surcharge system, only members of Pasi, Beldar, Bhar, Tarmali and other Scheduled Castes and Scheduled Tribes communities who are engaged in tapping the tari producing trees shall be eligible whether or not they fulfil the above conditions and licences to other persons shall be granted only if members of the said communities are not available.(2)Honesty and ability to supervise the shop personally are the principal qualifications of a licensee. Preference should generally be given to a local resident. Education alone is not sufficient nor does the possession of a large capital make a man suitable vendor. Capitalists who leave the work to managers and salesman should be excluded as far as possible.(3)As far as possible no licensee should be given more than one shop.(4)Partnership in shop shall be allowed only under the following conditions :(a)Where an existing licensee applies voluntarily to take a person into partnership and the Collector considers such person suitable to hold a licence and is further of opinion that the shop cannot be managed well by a single licensee added by one or more salesman, attempt of licensee to transfer their shops to their nominees under the cloak of partnership should be severely discountenanced. Ordinarily, a man who cannot devote enough time to his shop should be asked to resign instead of being allowed to take in a partner. Only if he cannot manage the shop in spite of devoting all his time, to it, should a partner be allowed.(b)Where at or before the time of making applications for shops two persons jointly apply for a licence in partnership, and the Collector finds both of them to be suitable persons for placing on the aforesaid list, their names shall be treated as one name only.(c)In no case shall more than two persons be permitted to hold a licence jointly.
