332. Payment of compensation for closure of shops.
(1)When any shop for the vend of any intoxicant is closed under Section 52 of the Act for the preservation of the public peace or under Rule 323 of these rules on account of the march of troops, compensation for such closure may be paid to the licensee as stated below :(i)The compensation will be paid by the Collector with the previous sanction of the Excise Commissioner.(ii)No compensation shall be paid when a shop remains closed for less than six hours. Closure for six hours or more shall be held to be a closure for the whole day.(iii)When a shop, licensed for the vend of an intoxicant upon which no duty is imposed under Chapter V of the Act, is closed, the compensation shall be calculated on the monthly fee payable for the licences and shall be a sum equivalent to the amount payable for the licences for the days during which the shop remains closed plus 10 per cent of that account for loss of profit. The Commissioner of Excise shall determine the compensation on the merits of each case.(iv)When a shop licensed for the vend of any intoxicant upon which duty is imposed under Chapter V of the Act or under the Indian Tariff Act, 1934, is closed, the Collector shall calculate the average daily sale in the shop licensed or the sales during the previous month of the year; and the profit of the vendor on such daily sales after deducting from the average total sale proceeds, the amount of average daily licence fees, the duty, the cost price and contingent expenses at 6¼ per cent, of the sale proceeds. Compensation shall then be ranted at the rate of such daily profit for the number of days during which the shop remains closed.Payment of compensation for improper arrest of persons. - The Excise Commissioner shall determine the compensation on the merits of each case.(2)Compensation may be granted by the District Collector to persons-(a)improperly arrested and subsequently released by an Excise Officer under Section 43 of the Act; or(b)charged before a Magistrate with offences under the Act and acquitted by such Magistrate, under the same conditions prescribed for the grant of expenses to witnesses under the rules referred to in Rule 359 of these rules and shall be subject to the maximum prescribed by those rules, for the grant of such expenses; Provided that in special cases the Excise Commissioner may grant additional compensation not exceeding Rs. 50 in any one case.
