- In case the licence is decided to be granted by tender, the following procedure shall be followed: -(1)Tenders for the grant of licence shall be invited by the Excise Commissioner after giving not less than ten days' notice specifying inter alia -(a)the conditions to which the tender shall be subject;(b)the number and situation of the shops to be licensed on the basis of tender where applicable;(c)in the case of licences in Form L-3, the minimum and the maximum quantities of liquor required to be made available for sale either during the currency of the licence or during any specified shorter period;(d)any other information which in the opinion of the Excise Commissioner may be of use to the intending bidders.(2)No tender shall be considered unless the earnest money, as specified by the Excise Commissioner, has been deposited in a Government Treasury or a Scheduled Bank in favour of the Excise Commissioner or bank draft is attached to each tender.(3)No tender shall be entertained from any person whose name is on the black list, against whom any demand is pending or who is otherwise debarred from holding such licence.(4)Tenders may be invited for licence fee or, in the case of licence in Form L-3 for rates or prices at which the licensee shall supply liquor.(5)A tender shall specify the whole annual licence fee and not the amount of monthly instalment in which it is payable.(6)A tender from a partnership firm shall contain the names of all the partners. No such tender shall be entertained unless it is signed by all the partners and is accompanied by an attested copy of the partnership deed. Such attestation shall be done by a gazetted officer.(7)The Excise Commissioner may, in his discretion, reject any tender where, in his opinion, the tenderer or any of his partners, has formed a pool tending to create an undesirable monopoly of interest.(8)The Excise Commissioner is not bound to accept the highest tender or any tender at all. When the highest tender is not accepted, and a lower tender is proposed to be accepted, the Excise Commissioner shall record his reasons therefor. No tender shall be accepted without the approval of the Government.(9)If in the opinion of the Government, it is necessary for the purpose of achieving uniformity in the rates, negotiations may be made with the tenderers. It may for that purpose, appoint an officer or a committee of officers to negotiate with the tenderers, whose tenders are otherwise in order. The officer or the committee shall then negotiate with the tenderer in the ascending order of the tender rates but no tenderer shall have a vested right to be called for such negotiation. The negotiations made by the officer or the committee of officers shall be subject to the final decision of the Government.(10)The deposits made by unsuccessful tenderer shall be refunded to him.(11)(a)Where tenders have been invited for licence fee, the successful tenderer whose tender has been accepted by the Excise Commissioner with the approval of the Government, shall pay the whole amount and the earnest money deposited by him shall be adjusted towards the satisfaction of dues payable by him as aforesaid or as security amount wherever such security is provided;(b)any person whose tender is accepted, whether for licence fee or for rates, shall take all requisite action to complete all formalities required for grant of a licence within seven days from the date of communication of acceptance of his tender and if he does not do so, all deposits made by him shall stand forfeited to the Government and while the licence may be re-tendered or granted in any other manner, he shall not be entitled to any compensation.(12)(a)If any person, whose tender has been accepted, fails to make the deposits of twenty five per cent. of annual fee or if he refuses to accept the licence, the Excise Commissioner may call for fresh tenders, and any deficiency in fee arising as a result thereof together with all expenses incurred in inviting tenders shall be recoverable from the defaulting tenderer in the manner laid down in section 29;(b)it shall also be lawful for the Excise Commissioner to forfeit the earnest money of the defaulting tenderer either in part or in full, deposited by the said tenderer.(13)Where tenders are invited for licence fee, a licensee shall, by the 7th of the month in which he begins his business under his licence and thereafter by the 7th of every subsequent month, pay in advance one-twelfth of the annual fee till the whole fee is paid. The twenty-five per cent. advance paid under sub-rule (2) shall be adjusted at close of the year. He may, however, at any time, pay the whole amount due if he so wishes.(14)Where tender money exceeds rupees one lac, it shall be in multiple of rupees five thousand and for lesser amount it shall be a multiple of rupees five hundred.(15)Where tenders have been invited for licence fee, if the Excise Commissioner is of the opinion that no suitable tender is forthcoming, he shall, with the previous sanction of the Government resell the licence by auction.(16)If it is not considered expedient to accept the highest or the lowest tender, as the case may be, the Excise Commissioner shall refer the matter to the Government as to whether -(a)the licence be auctioned; or(b)the shop to which the licence relates be closed either permanently or till a person willing to take it up at the minimum fee comes forward;(c)the vend to which the licence relates be carried on by a vendor who may be paid commission on sales.(17)When a licence has been cancelled, the Deputy Commissioner may resell it by public auction or by inviting fresh tenders or by private contract and any deficiency in fee and all expenses incurred on such resale or attempted resale shall be recoverable by the defaulting licensee in the manner laid down in section 29. The Deputy Commissioner shall communicate the result of such re-sale in a statement in duplicate to the Excise Commissioner. If the amount realized from the original licensee including the initial deposit of one fourth of the annual fee and the amount bid by the incoming licensee together are less than the amount previously tendered by the original licensee together with the expenses incurred, if any, in connection with resale, the deficiency shall be recovered from the original licensee. If these amounts together are more than the amount previously tendered, no refund shall be made to the original licensee.
