Section 5 in Andhra Pradesh Excise (Grant of licence to sell Toddy, Conditions of Licence and Tapping of Excise Trees) Rules 2007
5.
(1)Subject to the provisions of these rules, the licence for sale of toddy shall be granted to Tappers Co-operative Societies or to individual tappers under "Tree for Tapper Scheme"Provided that a tree for tapper scheme shall be granted for a minimum of one tapper.(2)Disqualifications. - No licence shall be granted to Tappers Co-operative Society which, or Tapper under Tree for Tappers Scheme who:(a)has been convicted of any offences specified in clause (d) of subsection (1) of section 31 of the Act in respect of which he has been penalized or convicted within the preceding five years;(b)has been convicted or whose licence has been cancelled for breach of any of the conditions of licence granted under section 31 of the Act within the preceding three years;(c)has been held guilty either in a departmental proceeding or in a court of an offence under section 37 of the Act for adulteration of toddy by mixing any article injurious to public health or otherwise within the preceding five years.(d)is a defaulter of excise revenue(e)is adjudged as an insolvent by a competent court or(f)suffering from leprosy or any other contagious decease(3)Formalities to be completed by Tappers Co-operative Society or Tapper under " Tree for Tappers' Scheme". - where a toddy shop is allotted to a Tappers Co-operative Society, the Society shall pay 10% of the annual rental as earnest money together with one month rental, on or before the date prescribed for completion of formalities. After paying the above amounts, the society shall execute a counterpart agreement, in conformity with the tenor of licence in form. TS-2 on a stamp paper of the requisite value as per the provisions of the Indian Stamp Act 1899;Provided that in the case of Tree for tapper scheme the tapper shall pay only one month rental in advance to get a licence.(4)Licence for sale of toddy. - (i) The licence for the sale of toddy granted to a Tappers Co-operative Society or to a tapper under Tree for Tapper Scheme shall not take effect until the society or the tapper, as the case may be obtains a licence after completing the formalities.(ii)Every application for the grant of licence for sale of toddy shall be accompanied by a treasury challan for fifty rupees as licence fee for issue of licence.(iii)The licence for the retail sale of toddy shall be in form TS 1 shall be issued by the Prohibition and Excise Superintendent of the District concerned to the President of the Toddy Co-operative Society or in the name of tapper under Tree for Tapper Scheme and shall not be transferable.(iv)The boundaries of the toddy shop premises shall be indicated in the licence. The tope/ area along with the number of trees allotted to shop shall be indicated in the licence.(v)The period of licence granted to new Toddy Co-operative Society or to tapper under Tree for Tapper Scheme shall be five years or up to 30th September of the fifth consecutive years which ever is earlier.(vi)the Prohibition and Excise Superintendents may grant B shop licence as a satellite shop to the existing shop subject to condition that the B shop shall be within 2 kms from the main shops and it shall be 2 kms away from other neighbouring toddy shops.(5)Fixation of rental. - (i) The rental for Toddy Co-operative Society or tapper under Tree for Tapper Scheme shall be arrived at by multiplying the rate per tree with the ration in terms of dates.(ii)The government may notify the maximum rate per tree separately in rural areas and in urban areas from time to time. The rate per tree includes tree tax.(iii)The method of arriving rate per tree shall be communicated by the Commissioner from time to time.(iv)The Prohibition and Excise Superintendent will fix the rental of the shop accordingly.
