Section 12 in Punjab Supply and Sale of Bhang Rules, 1956
12.
The licences shown in this rule are granted subject to the special conditions, noted under each, in addition to the conditions laid down in these rules:-(1)A licence in form H.26 of the wholesale vend of bhang.(a)(i)The licensee shall not, under this licence, sell bhang other than that on which duty has been paid of such kind and of such rate as the State Government may impose in exercise of the powers conferred on it by sections 31 and 32 of the Excise Act, 1914.(ii)The licensee shall meet the demand of every customer entitled to be served, who tenders payment and the licensee shall maintain a sufficient stock of bhang of good quality in which he is licensed to deal, to meet the probable demand.(iii)If the licensee makes default in paying any monthly instalment on the [Seventh] [Substituted vide Punjab Government Legilative Supplement Part III dated 23-4-1968.] day of the months in respect of which it is due, it shall be in the direction of the Collector to cancel the license forthwith and recover any loss caused to Government by such defaulcation in the manner provided in section 60 of the Punjab Excise Act, 1914.(iv)The licensee shall not in any case be entitled to demand refund of any fee paid to Government in respect of this licence.(b)He shall not keep in stock, or sell, either mixed with bhang which he is authorised to sell or separately any chloral hydrate, butylchloral hydrate or para aldehyde.(c)The licensee shall not hold directly or indirectly through any agent any licence in Himachal Pradesh for the vend of spirit, fermented liquor or any intoxicating drug as defined in the Excise Act for the time being in force in Punjab nor shall be act as the agent of any person holding such a licence.(d)The licensee shall not allow any person to conduct sales on his behalf unless the name of such person has been previously submitted to the Collector for approval and endorsed by him on the licence.(e)(i)The licensee shall maintain daily accounts of sales made by him under the licence and of his balances in store in register in forms H.36.(ii)He shall prepare and submit to the Excise and Taxation Officer of the District a monthly abstract of his receipt and sale under licence in form M- 73.(f)The licensee shall on demand by any Excise Officer produce this licence and his sale accounts for inspection by such officer.(g)The licensee shall comply with any rules made under the Excise Act, 1914, for the regulation of the import, transport or sale of intoxicating drugs.(i)In the event of licensee infringing any of these conditions he shall be liable to be deprived of his licence at the Collector's discretion, in addition to any other penality to which he may be liable under the penal provisions of the Excise Act, 1914.(j)On the termination of the period for which this licence is granted or on the licence being cancelled by Collector as provided by condition (i) the licensee shall forthwith surrender the licence to the Collector.(2)Licence in form H.28 for the retail vend of bhang or any preparation thereof.(a)If the licensee makes default in paying any monthly instalment on the 1st day of the month in respect of which it is due, it shall be in the discretion of the Collector to cancel the licence forthwith and cover any lose caused to Goverment by such [default] [Legislative Supplement Part III dated 16-12-69.] in the manner provided in section 60 of the Excise Act, 1914.(b)The licensee shall not in any case be entitled to demand refund of any fees paid to Government in respect of this licence.(c)The licensee shall not sell bhang or any preparation or admixture thereof in quantity more than 233 grams to one person at one time.(d)He shall not permit bhang or any preparation or admixture thereof to be consumed on the premises of his shop.(e)He shall not sell bhang or any preparation or admixture thereof to any insane person or to a person below the age of 25 years.(f)He shall not keep in stock, sell, or either mixed with the bhang which he is authorised to sell or separately any chloral hydrate,butylchloral hydrate, or paraldehyde.(g)He shall not hold directly or indirectly through an agent, any licence in Himachal Pradesh for the vend of spirit, fermented liquors, hemp drugs as defined in the Excise Act, nor shall he act as the agent of any person holding such a licence.(h)The licensee shall not allow any person to conduct sales an his behalf unless the name of such person has been previously submitted to the Collector for approval and endorsed by him on the licence.(i)He shall maintain a daily account of his bhang sales and of his balances in store in the form H.31 and shall submit an abstract of such account to the Collector at the end of every month in form M.73.(j)The licensee shall, on demand by any Excise Officer, produce the licence, and his sale accounts for inspection by such officer.(k)The licensee shall comply with any rules made under the Excise Act, 1914, or the Dangerous Drugs Act. II of 1930, for the regulation of the import, transport or sale of intoxicating drugs.(l)In the event of the licensee infringing any of these conditions he shall be liable to be deprived of his licence at the Collector's discretion in addition to any other penalty to which he may be liable under the penal provisions Excise Act, 1914.(m)On the determination of the period for which this licence is granted or on the licence being cancelled by the Collector provided by condition (1) above, the licensee shall forthwith surrender the licence to the Collector.Form H.26Form of Wholesale LicenseLicence of Wholesale Vend of BhangRegister No.........................................................................Name and description of the licensed vendor...................Locality of shop...................................Whereas...................................son of................................ .......has agreed to pay the sum of Rs.........................for the right of selling bhang wholesale at ....... ...................... during the term of..........................and has paid into the Government Treasury at........................................the sum of Rs............being one- sixth of such sum.Now, therefore, the Collector hereby grants the said....(hereinafter called the licensee) a license to sell bhang wholesale at............during the term specified above and subject to the conditions laid down in the Punjab Supply and Sale of Bhang Rules. 1955, and other conditions hereinafter stated. The license is granted personally to.........hereinbefore named, and is not transferable except with the prior permission of the Collector granted, under rule 6 of the Punjab Supply and Sale of Bhang Rules, 1955. In the event of the licensee dying during the currency of the license, it shall immediately lapse.(Signature of licensee), (Signature of Collector)Dated.............19 .Conditions of License
