Section 63A in Bihar and Orissa Excise Rules, 1919
63A. [ [Inserted by Notification No. 5328 L.S.G. dated 28.1.1932.]
(1)The licensing board shall be newly constituted every third year in the month of October, in which month elections of members to represent them shall be held by the municipal commissioners, the principals and headmasters of colleges and high schools, temperance societies and excise licensees.](2)Before the 1st day of August, the Collector shall prepare and publish lists of (a) principals and headmasters and (b) excise licensees who are entitled to vote in these elections.(3)The Collector shall decide all questions regarding the time and place of elections under these rules, and, where necessary, appoint a suitable person to be the Presiding Officer. All disputes regarding the elections shall be decided by the Collector, whose decision shall be final.(4)If anybody entitled to elect a member to the board fails to do so within the month of October, the Collector shall appoint a member from among that body.(5)The licensing board shall hold office for three years commencing from the 1st day of November, of the year in which it is constituted. Any vacancy among the appointment, as the case may be, to a newly-constituted board, of a member of the class to which the late member belonged.(6)The duties of the licensing board shall be-(a)to meet at least once a year not later than the fifteenth day of January to decide, subject to the provision of any order issued by the local Government under Section 7(2)(b) of the Excise Act, the number of excise shops for the ensuing excise year and area within which each shop shall be situated and to select licensees for such shops;(b)to meet when convened by the Collector, for the purpose of giving him advice on matters connected with excise, of selecting licensees when vacancies occur, or of deciding matters arising from breach of the conditions of licences;(c)to meet when convened by a requisition addressed to the chairman by not less than four members;(d)to communicate a minute of its proceedings and its decision to the Collector within fifteen days of the date on which the meeting is held.(7)At least thirty days previous to the date fixed for the meeting prescribed under sub-rule (6) (a) the licensing board shall cause to be prepared and published in the manner prescribed by sub-rule (8) a list specifying-(i)the licences of various kinds it proposes to grant for the ensuing excise year;(ii)as accurate a description as is possible of the locality and site of the premises to be licensed; and(iii)the latest date for receipt of written objection to its proposals (such date being not earlier than seven days previous to the date fixed for the meeting) from any of the following:-(a)persons paying municipal rates residing in the municipality;(b)Railway Authorities on proposals for the grant of licences for shops near a railway workshop;(c)employers of labour on a large scale on proposals for the grant of licences for shops near their factories or places of business;(d)the Commanding Officer of any cantonment on proposals for the grant of licences for shops in proximity to cantonment boundaries;(e)the governing body of any religious, philanthropic or educational institution on proposals for the grant of licences for shops in proximity to such institution;and shall give full consideration to such objections at the aforesaid meeting and hear evidence, if it is considered necessary in support of such objections, should objectors express a desire to produce the same.(8)The Board shall-(a)cause a copy of the list prescribed under the preceding rule to be exhibited at the central office of the municipality and at the Collector's Office; and(b)cause an extract of so much of the list as relates to shops situated in a ward of a municipality to be sent to the Commissioner or Commissioners representing that ward.(9)[XXXX] [Deleted by Notification No. 1311 dated 11.5.1967.](10)in cases where a shop is closed by the licensing board, the licensee shall have no right of appeal.(11)No licensee shall have any claim to the renewal of his licence or any claim to compensation on the determination thereof.Restrictions on the exercise of powers conferred by Sections 69 and 70.
