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State of Rajasthan - Section

Section 3 in The Rajasthan Excise (Grant of Hotel Bar/Club Bar/Restaurant Beer Bar Licences) Rules, 1973

3. Eligibility and procedure for grant of hotel licence.

(1)Any person who owns and runs a hotel as defined in these rules and who does not possess any of the disqualifications mentioned in sub-rule (8) below shall be eligible to apply for a *[Hotel Bar/club Bar/Restaurant Beer Bar Licence]:[Provided that the Government may, if it so pleases, set up a committee to make recommendations after considering such directions as may be issued by the Government from time to time in this regard, on an application for grant of Hotel bar licence/CLub bar licence to any establishment, even if it does not fulfil the criteria laid down in Rule 2 and other criteria with, regard to eligibility of a hotel for hotel bar licence, specified by the State Government. The Excise Commissioner may grant or renew licence on recommendations of such committee.] [Substituted by Notification No. G.S.R. 31, dated 10.10.2014 (w.e.f. 22.3.1973).][(1-A) The President or the Secretary of the club who has been duly elected and who does not suffer from any of the disqualifications mentioned in sub-rule (8) shall be eligible to apply in Form A for a club bar licence, while applying for the said licence, a No Objection Certificate obtained from the District Magistrate of the place, where the club is situated, shall be produced.] [Inserted by GSR 27, Dated 13.8.1984, Published in Rajasthan Government Gazette Part 4-C, Extraordinary, dated 14.8.1984, page 101 [13-8-84].][(1-B) (i) Any person who owns and runs a Restaurant as defined in these rules in the towns or category of towns notified for the purpose of grant of Restaurant Licence and who does not possess any of the disqualifications mentioned in rule 8 of these rules, shall be eligible to apply in proforma 'A' for Restaurant Licence.
(ii)The Government may constitute a Committee of officers on the recommendation of which the Excise Commissioner may grant a Beer Bar Licence to the Restaurant concerned in proforma "E" appended to these rules.]
(2)[ Any person, eligible for a licence and desiring to obtain a Hotel bar Licence or a club bar licence [or Restaurant beer bar licence] [Substituted by GSR 27, Dated 13.8.1984, Published in Rajasthan Government Gazette Part 4-C, Extraordinary, dated 14.8.1984, page 101 [13-8-84].] shall apply for sanction to the Excise Commissioner through the District Excise Officer concerned in Form A which can be obtained from his office on payment of a fee of [Rs. 10/-] [Substituted by GSR 21, Dated 7.9.1992, Published in Rajasthan Government Gazette Part 4-C, Extraordinary, dated 8.9.1992, page 58 [7-9-92].]] [Inserted by GSR 89, Dated 26.10.1994, Published in Rajasthan Government Gazette Part 4-C, Extraordinary, dated 28.10.1994, page 319(6) [26-10-94].].
(3)[ Every application for a [Hotel Bar/club Bar/Restaurant Beer Bar Licence] [Substituted by GSR 45, Dated 9.12.1993, Published in Rajasthan Government Gazette Part 4-C, Extraordinary, dated 13.12.1993, page 151(3) [9-12-93].] shall be properly signed and shall be accompanied by the following amount of initial fee [***] [Deleted 'which shall be in addition to the usual annual fee payable under rule 69(1) of the Rajasthan Excise Rules, 1956' by Notification No. G.S.R. 5, dated 1.4.2014 (w.e.f. 22.3.1973).]:-Where application is for a [Hotel Bar/club Bar/Restaurant Beer Bar Licence] [Substituted by GSR 89, Dated 26.10.1994, Published in Rajasthan Government Gazette Part 4-C, Extraordinary, dated 28.10.1994, page 319(6) [26-10-94].] in the town with the population indicated below the initial fee shall be as under:-
[S.No. [Substituted by Notification No. G.S.R. 2, dated 1.4.2011 (w.e.f. 22.3.1973).] Category (Population of Cities on the basis of 1991 Census) Initial fee for the year or part thereof (Rs. in lacs)
1 2 3
1 Luxury Hotel/Train:  
(i) Five Star Hotel 15.00
(ii) Four Star Hotel 10.00
(iii) Three Star Hotel 8.00
(iv) Luxury Train 8.00]
2. [ [Substituted by Notification No. G.S.R. 5, dated 1.4.2014 (w.e.f. 22.3.1973).] Heritage Hotel]      
(i) Category A 4.00 0.25 4.25
(ii) Category B 1.50 0.25 1.75
(iii) Category C 0.75 0.25 1.00
Note. - The Category of a heritage hotel shall be decided by a committee constituted by the State Government
3. [ [Substituted by Notification No. G.S.R. 2, dated 1.4.2016 (w.e.f. 22.3.1973).] Other Hotel:      
  (i) Situated in and within      
    (A) 7.5 Kilometer of municipal limit of Jaipur/ Jodhpur/ Udaipurhaving rooms      
      (a) upto 50 rooms 7.50 1.00 8.50
      (b) 51 to 100 rooms 9.00 1.00 10.00
      (c) more than 100 rooms 14.00 1.00 15.00
    (B) 5 Kilometer of municipallimit of Other Divisional Headquarters Mount Abu and Jaisalmerhaving rooms      
      (a) upto 50 rooms 6.50 1.00 7.50
      (b) 51 to 100 rooms 12.00 1.00 13.00
    (C) 5 Kilometer of municipallimit of Other District Headquarters having rooms      
      (a) upto 50 rooms 6.00 1.00 7.00
      (b) 51 to 100 rooms 7.00 1.00 8.00
      (c) more than 100 rooms 9.00 1.00 10.00
    (D) 3 Kilometer of municipallimit of Other municipalities and Bhiwadi U.I.T. Area (DistrictAlwar) having rooms      
      (a) upto 25 rooms 4.00 1.00 5.00
      (b) more than 25 rooms 5.00 1.00 6.00
  (ii) Situated in other places notcovered by clause (i) above      
      (a) upto 25 rooms 3.00 0.50 3.5.
      (b) more than 25 rooms 3.00 0.50 3.50]
[4 [Substituted by Notification No. G.S.R. 2, dated 1.4.2011 (w.e.f. 22.3.1973).] Civil CLub Bar:  
(i) In Jaipur/Jodhpur 2.00
(ii) In Other places 1.50
5 Commercial Club Bar:  
(i) In Jaipur/Jodhpur 6.00
(ii) In Other Places 4.00]
Note: 50% of above fees shall be charged in case the Licence is issued for a period of less than six months:][Provided that every application for a bar licence where a duly constituted Committee is required to visit the site for recommending grant of Licence, shall be accompanied by the Treasury challan of Rs. 2500/- (Rupees two thousand and five hundred only) as process fee.] [Substituted by S.O. 137, dated 1.10.1996, Published in Rajasthan Government Gazette Part 4-C, dated 4.10.1996, page 120, dated 1-10-1996.]Explanation-
(i)The aforesaid initial fee and process fee shall be deposited in the State Treasury and a copy of the challan supplied by the Treasury to the applicant shall be enclosed by him with his application. Cheques shall not be accepted.
(ii)The application shall be signed - (a) by the individual if it is made in an individual capacity.
(b)by each partner if the applicant is an unregistered firm. The name with parentage and correct address of each partner shall be mentioned in the application:
(c)by the Managing Director or Manager if the applicant is a company, the registered name and address of the company shall be clearly mentioned in the application along with the names of the directors, managers, managing Agents;
(d)by duly elected President or Secretary if the application is for or on behalf of a club. The application shall mention the registration number and address of the club along with the name and address of its President and Secretary.
(4)The District Excise Officer concerned shall initial the application noting the date of receipt and cause each application to be entered in a register in Form B. The particulars of each application entered in the register shall be attested by the district Excise Officer. The Register shall be paged and each page shall bear the stamp of the office of the District Excise Officer concerned.
(5)Each application shall then be scrutinized by the District Excise Officer with regard to the suitability of the applicant for holding the licence for which application has been made. Thereafter the District Excise Officer shall forward the application to the Excise Commissioner with his recommendation. He shall also record a note whether or not the applicant is suffering from any of the disabilities to hold a licence mentioned in sub-rule (8) below.
(6)[ The Excise Commissioner shall also cause all applications received by him through the District Excise Officer, concerned to be entered in a register prepared on the model of Form 'B'. He shall then consider each application in the light of the recommendations of the District Excise Officer concerned taking into account any other relevant factor which may come to his notice, and pass necessary orders in writing either sanctioning or rejecting the application for licence. Where an application for licence is rejected, the Excise Commissioner, shall record reasons in writing. He may, if considers necessary, hear the applicant before rejecting his application] [Substituted by GSR 8, Dated 18.5.1983, Published in Rajasthan Government Gazette Part 4-C, Extraordinary, dated 18.5.1983, page 37 [18-5-83].].
(7)[ x x x] [Deleted by GSR 8, Dated 18.5.1983, Published in Rajasthan Government Gazette Part 4-C, Extraordinary, dated 18.5.1983, page 37 [18-5-83].]
(8)An application for licence shall be liable to be rejected for the following reasons:-
(a)If it has not been signed by the competent person or is incomplete.
(b)If the applicant has been convicted for any offence under the Rajasthan Excise Act, 1950 the Opium Act, 1878 or the Rules framed thereunder or if he has been punished for any serious breach of any licence issued under the said laws.
(c)If the applicant is found to have been convicted for any non-bailable offence by a criminal court: provided that the application of such a convicted person may be considered by the Excise Commissioner if the same is accompanied by a recent certificate of good character from the Superintendent of Police or Probation Officer appointed under the Rajasthan Probation Offenders Act, 1958.
(d)If there are arrears of excise dues outstanding against him.
(e)If the applicant is below the age of 18 years.
(f)[ If land of Hotel/ Club is not converted by the concerned local body in urban area and by competent authority in rural area for the commercial purpose and the building plan is not sanctioned by the concerning competent authority for hotel.] [Substituted by Notification No. G.S.R. 2, dated 1.4.2016 (w.e.f. 22.3.1973).]
[***] [Deleted '(g)' by Notification No. G.S.R. 2, dated 1.4.2016 (w.e.f. 22.3.1973).]
(9)[ x x x] [Deleted by GSR 8, Dated 18.5.1983, Published in Rajasthan Government Gazette Part 4-C, Extraordinary, dated 18.5.1983, page 37 [18-5-83].]
(10)As soon as the applicant receives the sanction of licence to him, he shall within 15 days, deposit into the Treasury the minimum fee prescribed under rule 69(1) of the Rajasthan Excise Rules, 1956.
(11)The District Excise Officer concerned, after satisfying himself that the minimum fee has been deposited into the Treasury shall inspect the location of the premises where the foreign liquor shall be stored and the counters where it shall be sold and submit his report to the Excise Commissioner who will issue the licence accordingly, under his signature and the seal of his office in [Form 'C' or in Form 'D' or in Form 'E' as the case may be] [Substituted by GSR 89, Dated 26.10.1994, Published in Rajasthan Government Gazette Part 4-C, Extraordinary, dated 28.10.1994, page 319(6) [26-10-94].].