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State of Punjab - Section

Section 35B in The Punjab Liquor Licence Rules, 1956

35B. [] [Rule 35-B omitted by Punjab Government Notfication No. G.S.R.7/PA1/14/Section 59/Amd.(112)/2006. dated 24.3.2006.]

[36. Procedure to grant the license. - The following procedure is prescribed for the grant of liquor licenses, referred to in Rule 35, namely :-] [Rule 36 substituted by Punjab Government Notfication No. G.S.R.7/PA1/14/Section 59/Amd.(112)/2006. dated 24.3.2006.]
(1)The applications shall be in the prescribed form;
(2)[ The application form for the grant of liquor vends shall be available in the office of the Assistant Excise and Taxation Commissioner (hereinafter referred to as AETC), In-charge of the district. The application Forms can also be downloaded from the website of the department (www.pextax.com). In addition, these application forms shall also be available in various bank branches authorized by the department for receipt of application forms. The applicant can submit his application for any Licensing Unit/Group/ Zone of any district in any of the bank branches. The cost of application forms shall be Rs. eighteen thousand (18,000/-) (inclusive of GST, if any) for one application. This amont shall be non-refundable.If the first or any subsequent allotment procedure is cancelled by the department or, any application form is rejected by the department being invalid and not put to draw of lots, then the amount of application fee shall be refunded to the concerned applicant, after deducting two thousand rupees per application as processing fee. Out of the total proceeds from the sale of application forms, fifty percent shall be deposited in the Development Fund constituted under the Punjab Development Fund Act, 2014 (Punjab Act No. 1 of 2015).The application forms shall be serially numbered at three places, i.e. in the application form, in the slip of draw of lots and on the receipt, issued to the applicant.] [Substituted by Punjab Notification No. G.S.R.14/P.A.1/1914/S.59/ Amd.(136)/2018, dated 22.3.2018 (w.e.f. 2.4.1956).]
(3)[ At the time of submission of applications for allotment of vends, at various authorized branches of the banks and in the office of concerned Assistant Excise and taxation Commissioner the applicant shall be required to pay the application fee, as provided in sub-rule (2).
(4)Each application received by various authorized branches of the banks and office of the Assistant Excise and Taxation Commissioner shall be assigned a unique number. The receipt of each application to be given to the applicant and the slip of draw of lots shall carry the same unique number, as assigned to the application.] [Substituted by Notification No. G.S.R. 14/P.A.1/1914/S. 59/Amd. (125)/2014, dated 21.3.2014 (w.e.f. 2.4.1956).]
(5)An applicant may apply for any number of Licensing Units [or a group of licensing units] [Added by Notification No. G.S.R. 16/P.A.1/14/S. 59/Amd. (117)/2008, dated 29.2.2008 (w.e.f. 2.4.1956).];Provided that he shall have to apply separately for each such Unit.
(6)[(a) The grant of licenses L-14A and L-2 shall be made out of those applications, which may be found to be complete in all respects. In case, the number of applications for a licensing unit/group is more than one, the allotment shall be made by a draw of lots. This would entail two draws, one for successful allotte and other for allotment of zone. Once an applicant is declared successful, a draw for allotting a zone to him would be made simultaneously.A successful applicant shall be required to pay 25% fixed license fee immediately on the draw of his lot. This payment may be made by bank deposit slips or through demand draft, banker's cheque, pay order or other pre paid Bank instruments.
(b)The next draw shall be made only after the successful applicant has deposited the amount of fixed license fee . Failure to deposit fixed license fee shall lead to cancellation of allotment and the allotment done/to be done in his favour in any other district of the State shall also stand cancelled. After the deposit of required fixed license fee, the successful allottee shall come under the obligations of contract and he shall be liable to comply with all the conditions of the license, such as deposit of minimum guaranteed revenue of the license, lifting of minimum guaranteed quota etc.]
(7)[ The application form shall be completely filled up by the applicant. It shall be accompanied by two recent passport size photographs of the applicant or applicants. The applicant shall submit any other information, if required, by the department at the time of scrutiny of applications before the allotment of license.] [Substituted by Notification No. G.S.R. 14/P.A.1/1914/S. 59/Amd. (125)/2014, dated 21.3.2014 (w.e.f. 2.4.1956).]
(8)The Excise Inspector of the respective excise circle shall examine each application and verify all the documents appended to that application. It shall then be countersigned by the Excise and Taxation Officer (Excise) and the AETC before the grant of license. A list of valid and invalid applications shall be displayed at a prominent place in the office of the AETC.
(9)The grant of licenses L-14A and L-2 shall be made out of those applications, which may be found to be complete in all respects. In case, the number of applications for a licensing Unit is more than one, the allotment shall be made by a draw of lots. The draw of lots shall be conducted under the supervision of a Committee, comprosing the AETC as Chairman, the Excise and Taxation Officer (Excise) of the respective district and the concerned Excise Inspector or Excise and Taxation Inspector as members. The Committee would make its recommendations to the Collector for the grant of licenses to the successful applicants in respect of the licensing Units [or a group of licensing units] [Added by Notification No. G.S.R. 16/P.A.1/14/S. 59/Amd. (117)/2008, dated 29.2.2008 (w.e.f. 2.4.1956).]. On receipt of such recommendations, the Collector shall approve the recommendations within two days and issue the requisite licenses. In the revenue districts of Ludhiana, Jalandhar and Amritsar, where there are more than one Excise Districts, the AETC of district-I in the revenue districts, shall be the Chairman for the draw of lots pertaining to licensing units falling within the Corporation limits. For the draw of lots pertaining to other licensing units, the AETC of the concerned Excise District shall be the Chairman. A representative of the Deputy Commissioner of the revenue district concerned may also be present as Observer at the evenue, fixed for draw of lots :Provided that the Excise Commissioner may authorize any other officer of the Excise and Taxation Department to be the Chairman of the Committee for the draw of lots in any district in place of the concerned AETC.
(10)A successful applicant shall furnish an affidavit, about his eligibility to hold the licenses as required under Order 7 of the Punjab Intoxicants License and Sale Orders, 1956, on a non-judicial stamp paper of the value of Rs. 15/- before starting the business. Any failure to furnish the requisite affidavit or furnishing of a false affidavit, could result in the cancellation of the license.
(11)[ The complete record of the applications submitted for grant of license, shall be maintained in a register, duly page-marked, and attested by the AETC, incharge of the district containing the following information, namely :-
(a)serial Number;
(b)application Number;
(c)Father's name;
(d)name and code of group applied for;
(e)unique reference number, of the application; and
(f)amount of application money.]
(12)The list of the applications, received by the last date and time fixed for such receipt, shall be prepared Licensing-Unit [or a group of licensing units] [Added by Notification No. G.S.R. 16/P.A.1/14/S. 59/Amd. (117)/2008, dated 29.2.2008 (w.e.f. 2.4.1956).]wise and shall be displayed at a prominent place in the office of the concerned AETC.
(13)[ If any successful applicant fails to deposit the amount of fixed license fee in time, or refuses to accept the license, his allotment shall be deemed to have been cancelled automatically, and the amount of fixed license fee deposited, shall be forfeited and the license shall be re-allotted as per the provisions of these rules.
(14)A successful applicant shall have to deposit fixed license fee which shall be divided amongst all groups according to their potential by the Collector cum DETC. A successful allottee shall deposit fixed license fee as per following schedule:-
Serial No. Stage %age of fixed license fee
1 At the time of draw of lots 25%
2 Within 48 Hours of draw of lots 25%
3 Upto 31 March 2018 50%
Out of the above mentioned 50%, (at sr, no. 3), the successful applicant can deposit 35% fixed license fee by 7th April 2018, and the balance 15% by 15th April, 2018 with the prior approval of Collector cum Deputy Excise and Taxation Commissioner of Division concerned, alongwth an interest @1.5% per month (to be calculated on daily basis).If any successful allottee, after depositing the first or second installment of fixed license fee, does not deposit the next installment, his fixed license fee earlier deposited shall be forfeited and his allotment shall stand cancelled.
(14A)[ Notwithstanding anything contained in sub-rule (14), the entire fifteen per cent security shall have to be deposited by 31st day of March, in case the period of forty-eight hours or ninety-six hours, as the case may be, is completed after the 31st day of March.] [Substituted by Punjab Notification No. G.S.R.14/P.A.1/1914/S.59/ Amd.(136)/2018, dated 22.3.2018 (w.e.f. 2.4.1956).]
(15)After depositing the amount of fixed license fee, the licensee is required to pay the amount of minimum guaranteed revenue fixed for the month as specified in sub rule (1) of Rule 35 payable by the close of last working day of each month. In case of late payment of any installment, an interest @1.5%, per month, (to be calculated on daily basis), shall be charged. If the due amount of the month is not paid by 15th day of the next month, then the license shall be deemed to be suspended and the vend(s) shall be closed. The license shall be restored only after the payment of the balance amount and interest. If full due amount is not paid by 20th day of the month, the suspended license shall stand cancelled, the fixed license fee deposited by the licensee shall be forfeited and the re-allotment process shall be initiated as per law. During re-allotment, if any loss of Government revenue occurs, the original allottee shall be responsible to make up for that loss.
(16)In the Minimum Guaranteed Revenue, the fixed license fee and the Excise duty leviable on the Minimum Guaranteed quota (at L-14A, L-2, L-13 and L-1 stage) and Special License Fee shall be included. If the licensee fails to lift required minimum guaranteed quota as per conditions of license at the end of each month, he shall be liable to deposit an amount equal to the sum of excise duty and duty payable at the L-13 stage on un-lifted quota of PML. For un-lifted quota of IMFL, he shall be liable to deposit an amount equal to the sum of excise duty and duty (as per minimum slab) payable at L-1 stage. Similarly for un-lifted quota of Beer, the licensee shall be liable to deposit an amount equal to the sum of excise duty and duty (as per minimum slab) payable at L-1 stage.
(17)The settlement of minimum guaranteed revenue by the licensee shall be done on monthly basis.] [Substituted by Notification No. G.S.R. 14/P.A.1/1914/S. 59/Amd. (125)/2014, dated 21.3.2014 (w.e.f. 2.4.1956).]
(18)[ ***] [Omitted by Punjab Notification No. G.S.R.14/P.A.1/1914/S.59/ Amd.(136)/2018, dated 22.3.2018 (w.e.f. 2.4.1956).]
(19)In the event of cancellation of the license of a retail outlet, the Collector may re-allot it in accordance with the procedure, laid down in these rules at the risk and cost of the licensee, whose license has been cancelled. [The licensee to whom the license of the retail outlet has been re-allotted by the collector, such a licensee may, either opt to open his vends, as the case may be, at the licensed premises from where the license was earlier cancelled or he may open the same in an area with in the radius of fifty meters of the premises from where the previous license was cancelled.] [Inserted by Notification No. G.S.R. 12/P.A. 1/14/S.59/Amd. (115)/2007, dated 24.4.2007 (w.e.f. 2.4.1956).]
(20)The allotment of licensing unit(s) [or a group of licensing units] [Added by Notification No. G.S.R. 16/P.A.1/14/S. 59/Amd. (117)/2008, dated 29.2.2008 (w.e.f. 2.4.1956).] and the draw of lots shall be done in an open and transparent manner in full public view. A transparent jar shall be used for the draw of lots, so as to ensure that the slips that are put into the jar, are visible to the public.
(21)The draw of lots shall not be made by any officer or official directly or indirectly connected with the process of allotment of licensing units. These draws shall be drawn by a person randomly called from the public.
(22)In a rural area, all the applications for a particular licensing Unit shall be put into the Jar. The applicant whose slip, is first drawn, shall have the right for allotment of that licensing Unit. The applicant whose slip is drawn, shall be declared as an 'allottee in waiting', who shall have the claim to allotment of the respective retail outlet, in case the first allottee defaults or is debarred. In the event, of the 'allottee in waiting' also getting defaulted or getting debarred, the application for the retail outlet shall be invited afresh, and the whole process shall be repeated again.
(23)In an urban or any other area where more than one licensing Unit [or a group of licensing units] [Added by Notification No. G.S.R. 16/P.A.1/14/S. 59/Amd. (117)/2008, dated 29.2.2008 (w.e.f. 2.4.1956).] is to be allotted, all the valid applications meant for that location, shall be put into the Jar. Slips shall be drawn equal in number to the number of licensing Units [or a group of licensing units] [Added by Notification No. G.S.R. 16/P.A.1/14/S. 59/Amd. (117)/2008, dated 29.2.2008 (w.e.f. 2.4.1956).] one by one. Applicants, whose slips are selected, shall have the right for allotment of one of such Units. In addition to this, the slips for the 'allottee(s) in waiting' would also be selected in the following ratio:-
Serial No. No. of licensing units No. of allottee(s) in waiting Remarks
(i) Up to 10 Fifty per cent While calculating percentage, fraction of a number shall betaken as one number.
(ii) Beyond 10 Twenty five per cent (But not less than five)
(24)The name of the successful applicants and the 'allottee(s) in waiting' shall be announced then and there.
(25)If the number of applicants are equal to the number of licensing units available in a particular place, all such applicants shall be declared as allottees, after the approval of the concerned Deputy Excise and Taxation Commissioner.
(26)If at the end of the draw of lots, some licensing units [or a group of licensing units] [Added by Notification No. G.S.R. 16/P.A.1/14/S. 59/Amd. (117)/2008, dated 29.2.2008 (w.e.f. 2.4.1956).] remain un-allotted, the un-successful applicants pertaining to a particular revenue district shall be allowed to participate in allotment of such Units. For this purpose, option of such un-successful applicants shall be taken on the spot and the un-allotted Units shall be allotted by following the aforesaid procedure. For the purpose, the 'allottee(s) in waiting" shall also be treated as an un-successful applicants [:] [Substituted '.' by Notification No. G.S.R. 4/P.A. 1/14/S.59/Amd. (122)/2012, dated 13.2.2012 (w.e.f. 2.4.1956).][Provided that the licensing units remaining unsold on the first day of allotment may also be sold by way of inviting tenders with prior approval of the Excise Commissioner.] [Added by Notification No. G.S.R. 4/P.A. 1/14/S.59/Amd. (122)/2012, dated 13.2.2012 (w.e.f. 2.4.1956).]
(27)The allotment by draw of lots shall be made on the day or days fixed for this purpose.
(28)[ The licensee shall make his own arrangements for opening of the retail outlet, for which the department undertakes no responsibility. The licensee shall be required to open his vend on or before 15th day of April [2016] [Substituted by Notification No. G.S.R. 14/P.A.1/1914/S. 59/Amd. (125)/2014, dated 21.3.2014 (w.e.f. 2.4.1956).]. In case, he fails to do so, the AETC of the district concerned may extend the said period upto 30th day of April [2017] [Substituted '2016' by Notification No. G.S.R.06/P.A.1/1914/S.59/Amd.(133)/2017, dated 28.3.2017 (w.e.f. 2.4.1956).] on payment of late fee of Rs. 25, 000/- in respect of the area falling within the jurisdiction of a Municipal Corporation, and Rs. 10,000/- in other areas.] [Substituted by Punjab Notification No. G.S.R.14/P.A.1/1914/S.59/ Amd.(136)/2018, dated 22.3.2018 (w.e.f. 2.4.1956).]
(29)No license shall be granted in villages, in respect of which a Panchayat resolution has been passed regarding closure of a liquor vend and which has been accepted by the Excise Commissioner, Punjab.
(30)In case, at the end of the allotment proceedings, any licensing unit [or a group of licensing units] [Added by Notification No. G.S.R. 16/P.A.1/14/S. 59/Amd. (117)/2008, dated 29.2.2008 (w.e.f. 2.4.1956).] remains unallotted, the names and locations of such licensing units and the corresponding retail outlets, their annual license fee and annual quota shall be displayed prominently in the office of the concerned AETC :[Provided that licensing unit, or a group of licensing units, which may unallotted after first day of April, [2017] [Substituted by Notification No. G.S.R. 16/P.A.1/14/S. 59/Amd. (117)/2008, dated 29.2.2008 (w.e.f. 2.4.1956).], shall be allotted to the applicants, by proportioning quota of PML/IMFL and the license fee for the remaining part of the year by seeking fresh applications thereof.][Provided Further that the successful allottee or licensee, shall have the option to get the allotment of complete zone or group or licensing unit as the case may be, as a whole transferred before or after the grant of license on the following terms and conditions, namely:-
(i)the successful allottee or licensee shall be required to deposit one per cent of the license fee of the said licensing unit as transfer fee;
(ii)the successful allottee or licensee should not be a defaulter for causing revenue loss to the State revenue in any manner at the time of transfer of licensee;
(iii)only one transfer will be allowed during the financial year;
(iv)before transfer of the license of the said zone or group or licensing unit, the transfree, shall submit all the documents, prescribed under the Excise Policy or the Act or the Rules; and
(v)the request made by the successful allottee or licensee, for the transfer of license, shall be subject to the approval by the Collector.]
(31)A report of unallotted licensing units [or a group of licensing units] [Added by Notification No. G.S.R. 16/P.A.1/14/S. 59/Amd. (117)/2008, dated 29.2.2008 (w.e.f. 2.4.1956).] shall be made separately to the Excise Commissioner, Punjab on the next day. Applications for such retail outlets shall then be invited agains at the time and date, to be notified and the procedure detailed heretofore shall be followed afresh.
(32)Every successful allottee shall be required to furnish two sets of surety bond in Form M-75 before the commencement of business.
(33)No sub-vends shall be allowed.
(34)The application forms shall be supplied by the office of the Excise Commissioner, Punjab to the concerned A.E.T.C. of the districts. The A.E.T.C. shall maintain a complete account of the application forms received, issued, balance in stock and the total application fee.
(35)The Collector shall forward to the Excise Commissioner, statement showing the locality of each vend, quota of PML (L-14-A) and IMFL (L-12) in proof [litres and Beer in bulk litres] [Substituted 'litres' by Notification No. G.S.R. 14/P.A.1/1914/S. 59/Amd. (125)/2014, dated 21.3.2014 (w.e.f. 2.4.1956).] during the period for which the license has been granted, the annual fixed fee, the name of the person(s) to whom the vend has been allotted. The A.E.T.C. shall forward a list of licensees and the vends allotted to the Superintendent of Police of the district concerned and to Managers of all distilleries licensed in the State of Punjab.
(36)In the event of increase in the rate of duty levied under the Punjab Excise Fiscal Orders, 1932 on foreign liquor, the difference in duty due to such increase shall be payable in the nature of fee by a licensee, holding a wholesale or a retail license or both, as the case may be, in respect of stock of foreign liquor on which the aforesaid duty stands paid at the lower rate.
(37)No entry fee shall be charged to enter the vanue. The applicant shall be entitled to enter the venue where lots are to be drawn along with one companion.
(38)[ (a) The Government shall fix minimum guaranteed quota for all licensing units/groups. This shall be fixed separately for PML,IMFL and BEER. However, RTD and BIO shall not be the part of quota. Thirty per cent of the total minimum guaranteed quota of PML shall be lifted by a L-14A licensee from L-13 out let of the distillery and a distillery in pipe line, specified and allocated to the districts by the Excise Commissioner and the remaining seventy per cent of the said quota, may be lifted from any distillery of his choice. In case, of open quota distillers shall be allowed to fix their price upto five percent (5%) over and above the EDP of the fixed quota. Any management of the distillery that opts for this shall inform the Excise Commissioner regarding their increased rates upto 25th of March, 2018. These rates shall remain same throughout the year. The EDP shall not be changed by the distilleries during the currency of the financial year. The licensee shall lift minimum percentage of his minimum guaranteed quota of PML, IMFL and BEER month wise as per schedule given below:-
Serial No. Month % age of PML %age of IMFL %age of Beer
1 April 7 8 7
2 May 8 7 10
3 June 9 9 10
4 July 8 8 10
5 August 9 9 9
6 September 9 9 8
7 October 9 9 8
8 November 9 9 8
9 December 10 10 8
10 January 2019 9 9 8
11 February 2019 9 9 8
12 March 2019 (upto 15th of March) 4 4 6
  Total 100 100 100
In the event of non-lifting of minimum guaranteed quota by the end of each month as per the above schedule, the licensee shall be liable to deposit an amount equal to the sum of all the levies, excise duty leviable at L-1, L-2, L-13 and L- 14A stage and special license fee on the un-lifted minimum guaranteed quota.
(b)The licensee shall have the option to inter-change upto five percent of his minimum guaranteed quota of Punjab Medium Liquor to Indian Made Foreign Liquor and upto five percent (5%) of his minimum guaranteed quota of Indian Made Foreign Liquor to Punjab Medium Liquor. When this option is exercised, the duties payable shall be of the liquor which is actually lifted. The minimum guaranteed revenue of the group shall vary accordingly.
(c)The licensees having L-2 vends attached to their units may be given the option to convert ten percent of the quota of Punjab Medium Liquor to Indian Made Foreign Liquor subject to the following conditions:-
(i)This option shall not be available to Licensees who have only L-14A vend/vends in their licensing units.
(ii)This option shall be exercised by those distilleries who are producing PML and have their own registered brands of IMFL, with the condition that the EDP of brands for conversion is not more than Rs.1500/- per case.
(iii)When this option is exercised, the licensee shall be required to pay the sum of excise duty payable on PML at L-14A stage and half of the excise duty leviable at L-1 stage on the converted brands of IMFL. This duty shall be paid by L-2 licensee at the time of issuance of permits. His minimum guaranteed revenue shall be re-calculated accordingly.
(iv)The conversion from PML to IMFL shall be only from the open seventy percent (70%) quota of PML which may be lifted from any of the D-2 licensees who have their own registered IMFL brands:
Provided that the quota for a distillery in pipe line shall be applicable only in those cases where a Letter of Intent has been granted for a distillery and a bottling plant, and not for a bottling plant alone, and the work on the distillery is completed to the extent of seventy five per cent (75%). This facility shall be available up to a maximum period of six months or till a proper D-2 License is obtained, whichever is earlier. At the expiry of a period of six months, if a D-2 license is not issued in favour of the distiller, the facility of allocation of fixed quota and the open quota, shall be withdrawn without issuing any notice.
(39)A licensee shall have the option to lift additional quota after lifting the minimum guaranteed quota of PML, IMFL and Beer subject to payment of all levies, duties, fees etc as payable on the minimum guaranteed quota,-
(i)A licensee who has lifted full minimum guaranteed quota of PML can lift additional quota of PML by paying the excise duty leviable on transport permit at L-13, the excise duty on the transport permit at L-14A stage and the special license fee. The licensee can lift this additional quota from any distillery of his choice.
(ii)A licensee who has lifted full minimum guaranteed quota of IMFL can lift additional quota of IMFL by paying the excise duty leviable on transport permit at L-1 stage, and the special license fee.
(iii)A licensee who has lifted full minimum guaranteed quota of BEER can lift additional quota of BEER by paying the excise duty leviable on transport permit at L-1 stage.
However, the fixed licence fee shall not be charged again.[***] [Substituted by Punjab Notification No. G.S.R.14/P.A.1/1914/S.59/ Amd.(136)/2018, dated 22.3.2018 (w.e.f. 2.4.1956).]
(41)IT fee shall be levied on Punjab Medium Liquor, Indian Made Foreign Liquor at the rate of Rs.0.50/- per proof litre and on Beer Rs.0.50/- per bulk litre. This shall be leviable at the time of issuance of transport permit for transport of PML, IMFL and BEER from the manufacturer to the wholesale licensee, L-1 and L-13 as the case may be.
(43)The licensee shall not be allowed to transfer his quota from one group to another.
(44)Regarding carried forward quota/stock-Licensee can carry forward unsold quota/stock of the year 2017-18 to the year 2018-19. The unsold quota of the licensee for the year 2017-18 which is carried forward shall be adjusted in the minimum guaranteed quota. No licensee shall acquire more then his minimum guaranteed quota of April and May as carried forward quota from the unsold stock of the previous year. A licensee for the year 2017-18 can transfer his unsold quota/stock to any new licensee. No excise duty shall be leviable on carried forward quota. A transfer fee shall be charged on carried forward quota. This fee shall be @ Rs.319/-per PL on PML and Rs.385/- per PL on IMFL and Rs.65/- per BL on Beer. The licensee shall pay the required special license fee also.The transfer fee shall also be charged on the unsold stock of the L-1 licensee of 2017-18. The rate of this fee shall be the difference of extra license fee paid on IMFL brands at L-1 stage and excise duty leviable at L-1 stage.For Beer brands, the rate of this fee shall be the difference of assessed fee paid at L-1 stage and excise duty leviable at L-1 stage. The licensee shall give information of his unsold/carry forward quota to Assistant Excise and Taxation Commissioner of his district upto 31st March.] [Substituted by Notification No. G.S.R. 21/P.A. 1/1914/S.59/Amd. (121)/2011, dated 18.3.2011 (w.e.f. 2.4.1956).]