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State of Odisha - Section

Section 89 in The Board's Excise Rules, 1965

89. Procedure for grant of licence.

(1)When the Commissioner considers that the cultivation and manufacture of Ganja is necessary, he shall issue a notice calling on persons interested in the cultivations and manufacture of Ganja in the districts specified in the said notice to submit tenders therefor.
(2)Tenders in sealed covers superscribed Tender for cultivation and manufacture of Ganja shall be submitted to the Commissioner within such period as may be specified in the notice.
(3)The application shall be enclosed with a map of the area showing the name of the locality and plot or survey numbers of the field in the scale adopted for the preparation of village maps in the locality or in such scale as may be specified in the notice. The map shall be prepared on tracing paper in duplicate and the applicant shall simultaneously forward one copy of the map to the Collector of the district.
(4)The applicant should not forward a copy of his application to the Collector. He shall forward the duplicate of the map with the endorsement that the map pertains to the area intended to be applied to the cultivation of Ganja and that the tender application has been submitted separately to the Commissioner.
(5)The tender application shall contain the following particulars, namely:-
(i)the plot or survey numbers of the land proposed for cultivation of Ganja, its area, the village, post office, police-station and district in or under which it is situate;
(ii)the name and address of the landowner and his relationship with the applicant;
(iii)name, address and solvency of the applicant;
(iv)details showing facilities of communication to the field during the monsoons and fair weather ; and
(v)the yield of Ganja expected from the field and the cost price per quintal on delivery at the central warehouse or such other place as may be specified in the notice.
(6)The Collector shall, on receipt of the map and the endorsement of the applicant, enquire into his antecedents, solvency, rights in the land proposed to be applied to the cultivation of Ganja, facilities of communication to the field during the monsoons and fair weather, and shall submit a report to the Commissioner on these points as well as on the advisability of entrusting the cultivation of Ganja to the applicant. The Collector shall ensure that his report reaches the Commissioner sufficiently before the date fixed or opening of the tender.
(7)The Commissioner shall, on receipt of the sealed tender, open the same on the date and at the place specified in the notice. The applicants or their authorised agents may be present when the tenders are opened. The Commissioner may, however, for reasons to be recorded in writing, fix another date and place for opening the sealed tenders. The applicants or their authorised agents may be present at the place and on the date so fixed.
(8)The Commissioner shall then proceed to select the applicants and approve of the area to be applied to the cultivation of Ganja and the rates at which Ganja shall be supplied to the Central Ganja-Gola or such other place as may have been specified in the notice. The area approved shall be described in acres and decimals. The Commissioner will be competent to fix different rates of cost price for different areas.
(9)The Commissioner shall then direct the Collector of the district to issue, on or before such date as he may indicate, a licence in Form H.D 1-A to the selected cultivator on payment by him of an advance calculated at Rs. 200 per acre of the area selected for cultivation of Ganja and on his execution of the agreement in Form No. G. L.2-A together with its Annexures.[Provided that no advance is to be taken and no agreement in Form G. L. 2-A shall be insisted upon from any Government Agency undertaking cultivation of Ganja in the State.] [Added vide Notification No. 6496/1. 10. 1982-Orissa Gazette Extraordinary No. 1620/8.11.1982.]
(10)The advance shall be credited into the Treasury and a copy of the chalan shall be submitted to the Collector by the selected cultivator prior to the issue of the licence. The advance shall be adjusted towards the cost at the time of payment of the cost price of Ganja.
(11)[ The selected cultivator shall furnish cash security to the extent of Rs. 30,000 (rupees thirty thousand) or such other sums as the Commissioner may, for reasons to be recorded in writing, determine and shall execute the surety bond in the form prescribed in Annexure II to Form G. L. 2-A. He shall also furnish two personal sureties for a sum of Rs. 30,000 each and the selector shall ensure prior to the grant of the licence, that the form prescribed in Annexure I to Form No. G. L. 2-A is duly filled in.] [Substituted vide Orissa Gazette Extraordinary No. 355/1981.][Provided that no cash security or surety bond is to be furnished by any Government agency undertaking cultivation of Ganja in the State] [Added vide Notification. No. 6496/1.10.1982.]