Section 10 in The U.P. Excise Licences (Tender-Cum-Auction) Rules, 1991
10. [ Disqualification for bidding. [Substituted by Notification No. 12356/X-97-B-Licence-95-96, dated 2nd March, 1995, published in U.P. Gazette, Part 4, Sec (Kha), dated 4th March, 1995.]
- No person shall be allowed to bid at any auction-(a)unless he produces a certificate of solvency, to the extent of at least one-sixth of his bid in Form G-39 granted by the Tahsildar of the Tahsil in which he resides or holds immovable property and duly countersigned by the Licensing Authority concerned or the Additional Collector authorised by the Licensing Authority in this behalf;(b)unless his name is included in the consolidated list of solvency certificate holders circulated by the Excise Commissioner, Uttar Pradesh :Provided that in case a person does not produce a solvency certificate and/or whose name does not appear in the consolidated list of solvency certificate holders, such person may bid at the auction if he furnishes cash and/or bank Drafts and/or bank guarantee from a Scheduled Bank valid for the period of settlement, which is at least one-eighth of his total anticipated bid and submits his recent photograph duly certified by a gazetted officer of the Government;(c)unless he produces a duly sworn affidavit containing the particulars of his immovable and movable properties along with the copies of documents of title to establish the ownership of property shown in the affidavit with non-encumbrance certificate and also furnishes an undertaking not to transfer the properties shown in the affidavit till the final settlement of all claims and dues of Government in respect of auctioned shops.Note.-In case of any doubt about the genuineness of the solvency certificate decision of the officer conducting the auction shall be final.(d)if he is a defaulter of the excise revenue :Provided that if his name finds place in the list of defaulters having arrears of excise revenue circulated by the Excise Commissioner, he may bid at the auction if he makes payment of the entire arrears due against him along with penal interest accrued thereon, before the auction and also furnishes a stamped undertaking for depositing dues of Excise arrears, if any, as per calculation in the district, to which the arrears relate within two weeks after the conclusion of the auction, or the commencement of the licence for running the shop or group of shops, whichever is earlier;(e)if he has been debarred from bidding under the provision of these to participate in auction.]
