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State of Rajasthan - Section

Section 3 in Rajasthan Excise (Grant of Restaurant, Bar Licences) Rules, 2004

3. Eligibility and procedure for grant of licence..

(1)Only such restaurants which conform to the criteri laid down by the Government from time to time and which do not possess any of the disqualifications mentioned in sub-rule (6) shall be eligible to apply in Form 'A' for a Restaurant Bar Licence.
(2)Every application for a Restaurant Bar licence shall be signed-
(a)by each partner, if the applicant is a partnership firm;
(b)by the Managing Director or Director authorized in this behalf, if the applicant is a company. 'The registered name and address of the company alongwith names of others Directors would also be furnished.
(3)Every application for a Restaurant Bar licence shall be accompanied by process fee of Rs. 5000/- and an amount equal to the following amount of initial fee which shall be in addition to the fee payable under rule 69 (1) of the Rajasthan Excise Rules, 1956: -
[S. No. [Substituted by Notification No. G.S.R. 3, dated 1.4.2017.] Category Initial and minimum special vend fee for yearor part thereof
Basic licence fee Minimum special Vend fee Total of (Col. No. 3+4)
1 2 3 4 5
1 Restaurant situatedin and within 5 Kilometer of Municipal limit of(i) Jaipur/Jodhpurheadquarter(ii) OtherDivisional headquarter Mount Abu and Jaisalmer(iii) Other districtheadquarter(iv) Other Municipalities and Bhiwadi (DistrictAlwar) 8.006.005.004.50 1.001.001.001.00 9.007.006.005.50
2 Other restaurants not covered in (i) to (iv)above. 4.00 0.50 4.50]
(4)The District Excise Officer concerned shall initial the application noting the date of receipt and cause each application to be entered in register maintained for this purpose.
(5)Each application shall then be scrutinized by the District Excise Officer with regard to the suitability of the applicant for holding the licence. Before forwarding the application to Excise Commissioner through Additional Commissioner concerned for final order, case shall be put up before the committee, constituted by the State Government in this behalf.
(6)An application for licence shall he liable to be rejected for the following reasons:
(a)If it has not been signed properly or is incomplete.
(b)If the applicant has been convicted or punished for any offence under the Rajasthan Excise Act, 1950 the Narcotic Drugs & Psychotropic Substances Act, 1 985 or rules made thereunder.
(c)If the applicant is found to have been convicted for any now - bailable offence.
(d)If there are arrears of excise due outstanding against him.
(e)If the applicant is below the age of 18 years.
(f)[ If the applicant cannot fulfill the minimum annual turnover criteria fixed by the State Government, from time to time.] [Added by Notification No. F. 4(1) FD/Excise/2014, part II, G.S.R. 6, dated 1.4.2014-Rajasthan Gazette Extraordinary Part IV(C)(I), dated 1.4.2014.]
(g)[ If land of restaurant is not converted for the said purpose by the local body concerned in urban area or competent authority concerned in rural area.] [Added by Rajasthan Notification No. G.S.R. 2, dated 1.4.2015.]
(7)Notwithstanding anything contained in these rules, the Excise Commissioner shall be competent to reject any application for licence without assigning any reason whatsoever.