Section 36A in Haryana Liquor Licence Rules, 1970

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State of Haryana - Section

Section 36A in Haryana Liquor Licence Rules, 1970

36A. [ Procedure for grant of licenses by tender. [Substituted by Notification No. S.O. 30/P.A. 1/1914/S. 59/2012, dated 30.3.2012 (w.e.f. 7.3.1970).]

(1)The allotment of groups of retail liquor outlets of Country Liquor and Indian Made Foreign Liquor shall be made individually and separately. A group shall comprise of a maximum number of three contiguously located retail outlets of either Country Liquor or Indian Made Foreign Liquor. Sealed tenders shall be invited for each vend/groups of vends of the district. The process of allotment shall be conducted by a committee consisting of Deputy Commissioner, Deputy Excise and Taxation Commissioner (Excise), Deputy Excise and Taxation Commissioner(s) (Sales Tax) of the respective district in the presense of the participants who wish to be present on the day of allotment to be published by the Excise and Taxation Department in the leading newspapers.

(2)15% of the retail outlets/groups of retail outlets of Country Liquor (L- 14A) and Indian Made Foreign Liquor (L-2) of the district shall be reserved for Haryana Scheduled Castes (10%) and Backward Classes (`A' Categories) (5%). These reserved vends/Groups of vends shall also be allotted individually and seprately by inviting sealed bids from the respective categories. However, if no bids are received after the first offer, that particular vend/Groups of vends shall be de-reserved.

(3)The list of vends/Groups of vends having details such as group number, vend name, vend code, urban/rural classification, location, command area if applicable, quota, reserve price and category i.e. General, Scheduled Caste or Backward Class (A) shall be published by the Excise and Taxation Department. The district wise lists of vends/Groups of vends of Country liquor and Indian Made Foreign Liquor shall be prominently displayed in the offices of the Deputy Commissioner, Deputy Excise and Taxation Commissioner (Excise) and Deputy Excise and Taxation Commissioner (Sales Tax) of the concerned district, Joint Excise and Taxation Commissioner (Range) concerned and official website of the Excise and Taxation Department i.e. www.haryanatax.com.

(4)A bidder can apply for any number of vend(s)/ groups of vends of any district and the State.

(5)The bids shall be invited individually and separately for each vend/Group of vends of the state to be processed in the concerned district. Separate bids shall be invited for Country Liquor and Indian Made Foreign Liquor vends/Groups of vends. The bidder is required to furnish his/her bid only in the prescribed format individually and separately for each vend/ Group of vends he/ she intends to bid for.

(6)The bid shall be sealed in an envelop containing only the financial bid and one photograph of the bidder affixed on to that and Demand Draft as per sub-clause (c) below, if applicable. The bid shall consist of,

(a)participation fee of L 25,000/- per vend in the form of cash or demand draft;

(b)earnest money as applicable depending upon the reserved price of the vend/Group of vends, in the form of demand draft in favour of Deputy Excise and Taxation Commissioner (Excise) of the district;

(c)a demand draft in favour of Deputy Excise and Taxation Commissioner (Excise) of the district of an amount equivalent to 20% of his bid amount, in case his bid exceeds the reserve price by more than 25%. This demand draft will be kept in the sealed envelope containing the financial bid itself;

(d)a caste certificate issued by the competent authority of the Government of Haryana in case of persons belonging to Scheduled Caste and Backward Class (A) category intending to bid for the vends/Groups of vends reserved for their respective categories;

(e)sealed envelop containing the financial bid in the prescribed format and a photograph affixed onto that and Demand Draft as per sub-clause (c).

(7)A bidder shall have to enclose a demand draft in favour of Deputy Excise and Taxation Commissioner (Excise) of the district of an amount equivalent to 20%, of his bid amount alongwith the sealed financial bid, in case his bid exceeds the reserve price by more than 25%. In case such bidder fails to submit the demand draft of required amount alongwith the financial bid, his bid shall be deemed cancelled on the spot i.e. at the time of opening of bids and the bidder next in row will be considered. The earnest money of such cancelled hid shall be forfeited.

(8)The bids shall be submitted in the office of Deputy Excise and Taxation Commissioner (Excise) concerned before the last date and time for submission of bids as publicized by the Department. The bids received after the expiry of last date and time shall not be accepted. However, bids of all prospective bidders standing in the queue at the closing hour shall be received by issuing them slips.

(9)The bids shall be duly entered in a page numbered and indexed register to he maintained in the prescribed format in the office of Deputy Excise and Taxation Commissioner (Excise) by an officer not below the rank of Assistant Excise and Taxation Officer. The register shall be authenticated by Deputy Excise and Taxation Commissioner (Excise). Separate register shall be maintained for country liquor vends/Groups of vends and Indian Made Foreign Liquor vends/Groups of vends. Vend wise/Group wise receipt of all tenders shall be recorded in the register. There will be one leaf (2 sides/pages) for each vend/ Group of vends. Group number, Vend code, Name of vend and Category shall be recorded on the top of the page of the register. Each bid for a vend/Group of vends shall be entered in a date wise manner. It will record Serial number in a running ascending order, Date of submission, Name of bidder, amount, name of bank and demand draft number for earnest money, Details of participation money, Box Number, signature of bidder and signature of the excise official.

(10)The serial number of register shall be recorded on the label to be affixed on the cover of sealed financial hid envelop also. Thereafter, the envelope shall be signed by the bidder and put in the Box.

(11)A duly signed receipt from receipt book shall be granted to the bidder/ participant which will be his/her pass for entry into the allotment hall on the date of allotment.

(12)Lists of Group wise/ Vend wise bidders shall be displayed on the previous day of the date of allotment during the first tender process. If more than one round of tender is required, then it would be sufficient to display the list of Group wise/ Vend wise bidders before the stipulated time for opening of tenders.

(13)The complete process of submission of bids and opening of bids shall be videographed.

(14)The sealed bids shall be put in the box by the bidder himself/ herself. The box shall be of suitable size as approved by the committee. It will have one slit through which the bids shall be put in the box. There will be one opening of the Box which shall be locked and sealed by the committee. The keys shall remain with the chairman of the committee i.e Deputy Commissioner of the concerned District.

(15)Each Box shall be prominently marked for type of vend/Group of vends for which the bids are to be placed in the box like Country Liquor or Indian Made Foreign Liquor. Each box shall be prominently marked with box number also. There will be separate Boxes for Country Liquor and Indian Made Foreign Liquor vends/Groups of vends. There will be one Box for each slab of 50 vends/Groups of vends. One box for Country Liquor and Indian Made Foreign Liquor each may have less than 50 vends/Groups of vends for the remaining vends in the last slab. There will be one Box of Country Liquor and one Box of Indian Made Foreign Liquor vends/Groups of vends reserved for Scheduled Caste & Backward Class (A). These will be marked as Country Liquor-Scheduled Caste/Backward Class (A) and Indian Made Foreign Liquor-Scheduled Caste/Backward Class (A). All the boxes shall be placed on suitably mounted place.

(16)Each box shall be sealed by the committee before the start of process of receipt of tenders in the presence of all those who wish to be present. A notice to this effect shall be given by Deputy Excise and Taxation Commissioner (Excise) locally under intimation to the chairman of the committee.

(17)The boxes shall be opened on the date of allotment by the committee in the presence of all participants who wish to be there. A separate enclosure shall be arranged for media at suitable distance. The proceedings may be allowed, to be broadcast live on cable by the committee.

(18)Police guard of one Non-Government Organization, one head constable and four constables shall be deployed throughout the bid process where the boxes are kept and stored. The boxes will move to the allotment hall under police guard.

(19)The Deputy Excise and Taxation Commissioner (Excise) of the district shall forward to the Excise Commissioner (Financial Commissioner) for approval, statements in forms M-14 and M-14A showing the locality, license fee, quota of each retail liquor outlet, name, parcentage and full permanent address of the person to whom the retail liquor outlet has been allotted by draw of lots. If no intimation to the contrary is received within ten days from the date of the allotment of a retail liquor outlet, the Deputy Excise and Taxation Commissioner (Excise) of the respective district shall assume that the Excise Commissioner (Financial Commissioner) has accepted his proposal.

(20)The allotment shall take place at the duly publicized venue on the date and time to be fixed by the Department. Entry to the venue of allotment shall be regulated by pass issued to bidders. If any such person commits misconduct at the venue, he shall be debarred from participating in the proceedings and the amount of Earnest Money, deposited by him along with the application fee shall be forfeited by the Dy. Excise and Taxation Commissioner, (Excise) of the respective district.

(21)Allotment of Indian Made Foreign Liquor Groups/vends shall be taken up before the country liquor Groups/vends. The boxes shall be taken up in ascending order of its marked number and opened/ processed one at a time. It will be brought before the committee for its examination. The box shall be opened after announcement with regard to Groups/vends concerned and number of bidders. The Group wise/ Vend wise list of bidders should be kept ready for reference and should be prominently displayed. Thereafter, with the permission of the committee, the seal of the Box shall be opened. The bids shall be brought out and processed Group wise/ Vend wise. Group wise/ Vend wise number of bids received from box shall again be announced. Thereafter. Group wise/Vend wise financial bids shall be opened in full view of the audience in ascending order of group number/vend code. The Group end shall be allotted to the highest bidder quoting equal to or above the reserve price. In case, there is more than one bid of highest amount, the successful bidder shall be determined by draw of lot. The result shall be announced and recorded. In case there is no bid or no eligible bid equal to or above the reserve price, the bids shall be invited again.

(22)In case there is a variation in the quoted amount as mentioned in figure and words in the tender form submitted by a bidder, the amount mentioned in words shall take precedence. In case the amount quoted in tender form is illegible either in figure or words, the legible amount shall be considered. Further, the bids containing illegible amount both in figure and words in tender form, shall be rejected and the earnest money shall be forfeited.

(23)If any bid is found to be quoted less than the reserve price, the bid shall be rejected and the earnest money shall be forfeired.

(24)The practice of rounding of the bids by upgrading them to the next multiple of ten thousand would no longer be followed. The highest bidder shall be declared as the successful allottee subject to fulfilment of other provisions of the policy.

(25)Every successful allottee of retail licensed liquor outlets/groups of outlets shall be required to deposit a security amount equal to 20% of the annual license fee of the licensed outlets/groups of outlets, out of which, 5% of the license fee has to be deposited on the day of opening of tender; 5% of the license fee within seven days of the allotment or on or before 31st March 2012 which ever is earlier; and another 10% of the license fee shall be deposited by 7th of April 2012. The remaining eighty percent shall be deposited in nine equal monthly instalments payable by 20th of the month starting from the month of commencement of operation of vend/group of vends and every subsequent month till entire license fee is realized. If an allotted/ licensee fails to make the full payment of security in the prescribed time, his license shall be deemed to have been cancelled automatically and security deposited, if any, forfeited. In case of failure to adhere to the prescribed time for payment of any of the nine instalments, interest on late payment shall be charged from the first day of the month of default till the date of payment @ 1.5% per month.

(i)In case of companies, the total license fee shall be paid on the day of allotment.

(ii)Additional Security amount of L 1 Lac in case of retail vends/ group of vends having license fee upto L 75 Lacs and L 2 lacs in case of vends/ groups of vends having license fee of more than L 75 Lacs and upto L 500 Lacs and L 5 Lacs in case of vends/ groups of vends having license fee above L 500 Lacs shall be taken which shall be refunded after the close of the year when nothing is due against the licensee. The amount of additional security shall be refunded by the Deputy Excise and Taxation Commissioner (Excise) of the district concerned after expiry of the year but before 15th April, 2013.

(iii)In case of vends/ groups of vends are allotted/re-allotted during the currency of the financial year, the 10% security shall be deposited on the day of allotment and remaining 10% within 10 days of the date of allotment. The vends/ groups of vends shall come into operation from the day following the date of allotment. Proportionate license fee for the month of allotment shall be calculated from 80% of the annual license fee and remaining period of payment upto December, which shall be deposited by the last working day of the month of allotment. Thereafter, instalment of license fee shall be computed by dividing the balance from 80%, of license fee by dividing it by the number of remaining months upto December. It will be payable as in case of other vends/ groups of vends. In case the vend/group of vends is re-allotted after December, complete fee shall be deposited within one month. No re- allotment shall be made after the month of February of the financial year.

(iv)In case of closure of any vend/groups of vends due to order of any court, public resistance, natural calamities such as fire, floods, draught, earth quake, riots or for any other reasons, the licensee will have the option to shift the vend/ groups of vends with the prior permission to alternate location on the same terms and conditions within his command area/location. The closure of his vend/group of vends will not entitle him to any rebate, reduction in license fee. In case the licensee refuse to run the vend/group of vends the same will be put to re-allotment at the alternative site at the risk and cost of the original licensee and any loss occurred as a result of such re-allotment shall be recoverable from him.

(26)The licensee to whom a retail liquor outlet of country liquor (L-14A) or Indian Made Foreign Liquor (L-2) is allotted, shall be bound to lift its entire annual quota of Country Liquor or Indian Made Foreign Liquor on quarterly basis from the licensed wholesale outlet of Country Liquor (L-13) and licensed wholesale outlet of Indian Made Foreign Liquor (L-1) located at every district headquarter in the State. The lifting of quota shall mean physical lifting of liquor from the licensed wholesale outlet of Country Liquor (L-13) and licensed wholesale outlet of Indian Made Foreign Liquor (L- 1). It shall be obligatory for a licensee to lift entire basic quota of Country Liquor and Indian Made Foreign Liquor to his/ her vend/group of vends as per the schedule below :-

	Quarter	Monthwise
25% of annual basic quota	April	9%
	May	8%	25%
	June	8%
45% of annual basic quota	July	7%
	August	7%	20%
	September	6%
75% of annual basic quota	October	10%
	November	10%	30%
	December	10%
100% of annual basic quota	January	9%
	February	8%	25%
	March	8%

Non-compliance of the provision regarding lifting of quarterly quota shall attract penalty at the rate of L 20/- and L 65/- per proof litre of Country Liquor and Indian Made Foreign Liquor respectively for the deficient quantity.

(27)In the event of failure to pay the instalment or instalments alongwith the interest, as the case may be, by the due date, the vend/ group of vends shall cease to be in operation on the first day of the following month and shall ordinarily be scaled by the Deputy Excise and Taxation Commissioner (Excise) in-charge of the district or any other official authorized by him and his license shall be cancelled.

(28)All successful allottees, before the start of operation of vend/ group of vends, shall be required to file an affidavit and a solvency certificate. Affidavit shall be on a non-judicial stamp paper of the value of L 3/- in the format prescribed in the form. The affidavit will be to the effect that he has not been convicted of any non-bailable offence by a criminal court or of any offence under the Punjab Excise Act, 1914 (1 of 1914) or the Opium Act, 1950 (33 of 1950), the East Punjab Opium Smoking Act, 1948, the East Punjab Molasses (Control) Act, 1948 (11 of 1948) the Indian Power Alcohol Act, 1948 (22 of 1948) applicable to Haryana or the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) the affidavit will also be to the effect that he is not a defaulter and has paid all past dues of excise revenue in Haryana. The failure to furnish the affidavit or solvency certificate prescribed herein or furnishing false affidavit shall be sufficient ground for cancellation of license, which shall be re-allotted at his cost and risk.

(29)Verification of particulars would be made in respect of the successful allottees before the license is actually granted. The verification of documents furnished by the successful allottee shall be made by the Excise Inspector of the respective circle and counter signed by the Excise and Taxation Officer (Excise)/ Assistant Excise and Taxation Officer (Excise), before the license is actually granted.

(30)The list of successful allottees shall be displayed at a conspicuous place in the office of the Deputy Excise and Taxation Commissioner (Excise) of the respective district. The list shall also be displayed on official website of the Department i.e. www.haryanatax.com.

(31)The licenses shall be granted by the Deputy Excise and Taxation Commissioner (Excise) of the district on behalf of the Collector after the approval of the Excise and Taxation Commissioner (Financial Commissioner), Haryana.]D - General Condition to all Licenses

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State of Haryana - Section

Section 36A in Haryana Liquor Licence Rules, 1970

36A. [ Procedure for grant of licenses by tender. [Substituted by Notification No. S.O. 30/P.A. 1/1914/S. 59/2012, dated 30.3.2012 (w.e.f. 7.3.1970).]