- (1) Transfer of Licence:(i)No licensee shall except with the sanction of the Commissioner transfer his license to any other person. The Commissioner may allow such transfer of license on payment of prescribed fee and on production of certificate to the effect that no cases involving contravention of Excise Act and Rules framed there under are pending against him and also on production of Sales Tax and Income Tax clearance certificates.(ii)When there are only two partners in the firm holding the licence and one of them withdraws or expire the entity of firm changes from partnership to proprietary and it amounts to transfer of licence.(iii)Conversion of a proprietary concern into a firm or a company or a firm into a company and vice versa shall amount to transfer of licence.(iv)The Commissioner on payment of a fee of Rupees Two lakhs and on obtaining such undertaking or Bond and such other material or documents to protect the interest of the Government as he may deem fit, may grant such permission for the transfer of the licence in the cases referred in clause (ii) and (iii) above.(v)Where there is a change of 50% or more partners, it shall be construed as complete change in the ownership, a fee amounting to 10% of the licence fee shall be paid.(2)Inclusion or exclusion of partners. - No licensee shall except prior permission of the licensing authority get any person included as a partner to his business or get an existing partner excluded.(3)Death of licensee or incapability of the licensee. - A licence issued under these rules shall be only to the person named there in and on his death the legal heirs may apply for continuance of the licence in their name to the Commissioner within thirty days of death of the licensee. If the Commissioner is satisfied he may permit the legal heir to continue the licence in his name.(4)Merger of licence. - (i) When licensees of two or more existing Breweries subject to provisions of sub-rule (1) desire to merge into one Brewery may apply to the Commissioner in Form-B3 (M) along with a challan for Rupees Two lakhs.(ii)On receipt of such an application the Commissioner if satisfied, may obtain such undertaking or Bond and such other material or documents to protect the interest of the Government as he may deem fit, may grant such permission after obtaining the orders from the Government for the merger of the Breweries.Part - IV Provision Relating to Bottling of Beer and Labelling
