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State of Haryana - Section

Section 36 in Haryana Liquor Licence Rules, 1970

36. [ Procedure for grant of liquor retail sale incenses by allotment on applications. [Substituted by Haryana Notification No. S.O.41/P.A.1/91/1914/S.59/2006. dated 31.3.2006.]

(1)The allotment of licenses for retail liquor outlets of country liquor (L-14A) and Indian Made Foreign Liquor (L-2) shall be made on applications. The allotment shall be made singly in case of each of the retail outlets of country liquor and Indian Made Foreign Liquor. In case the number of applications for license of a retail liquor outlet is more than one, the allotment shall be made by a draw of lots out of the valid applications received.]
(2)The draw of lots shall be made by a committee consisting of Deputy Commissioner, Deputy Excise and Taxation Commissioner (Excise), Deputy Excise and Taxation Commissioner (Sales Tax), Excise and Taxation Officer (Excise) or Assistant Excise and Taxation Officer (Excise) of the respective district. There will be no restriction on the number of licensed retail liquor outlets in a district. The licensed retail sale liquor outlets have been classified in the following categories :-
Category L-14A (Country Liquor)(in rupees) L-2 (Indian MadeForeign Liquor) (in rupees)
A 1 crore and above 1 crore and above
B 75 Lakh 75 Lakh
C 50 Lakh 50 Lakh
D 30 Lakh 35 Lakh
E 25 Lakh 25 Lakh
F 20 Lakh 20 Lakh
G 12 Lakh 10 Lakh
H 8.50 Lakh Nil
The categorization of the licensed retail liquor outlets shall be planned by the Deputy Excise and Taxation Commissioner (Excise) of the respective district keeping in view the sale potential of the respective area. The license fee so determined and fixed for each license sale outlet shall be duly publicised.
(3)The Deputy Excise and Taxation Commissioner (Excise) of the respective district shall specify the villages and urban areas included therein which will be subject to the approval of the Collector before allotment of the retail liquor outlets. The villages in respect of which a panchayat resolution has been passed regarding closure of a retail liquor outlet shall not be included.
(4)In case a licensed retail liquor outlet has to be closed down because of a Court order, local resistance, natural calamities such as fire, flood, draught, earth quake, riot or any other reason, the licensee shall have the option to shift the retail liquor outlet, with the prior permission, to the alternate location on the same terms and conditions. The closure of one or more retail liquor outlet will not entitle him to any rebate/reduction in the license fee. In case the licensee refuses to run the retail liquor outlet, the same may be re-allotted at the alternative site at the risk and cost of the original licensee and any loss occurred as a result of such re-allotment shall be recoverable from him.
(5)There will be separate premises for the licensed retail outlets of country and Indian Made foreign Liquor. The licensed retail outlets of country liquor shall not be allowed to sell beer.
(6)The allotment shall be made by a committee.
(7)The date of allotment of licenses of retail liquor outlets, on applications, shall be fixed by the Excise Commissioner (Financial Commissioner).
(8)The Deputy Excise and Taxation Commissioner (Excise) shall give timely notice of the date and place of allotment of retail liquor outlets of the respective district.
(9)Before the allotment of retail liquor outlets begins, the Deputy Excise and Taxation Commissioner (Excise) of the respective district shall read out the conditions and procedure to which the allotment of retail liquor outlet is subject.
(10)the Deputy Excise and Taxation Commissioner (Excise) shall then proceed to allot the licenses of retail outlets of country liquor and Indian Made Foreign Liquor for which valid applications have been received. The allotment of retail licensed outlets and the draw of lots shall be as open and transparent as possible. A transparent glass or plastic jar shall be used for the draw of lots, so that the Part-I (slip for draw of lots), attached with the applications form, that are put into the jar, are visible to the public.
(i)The draw of lots shall not be made by any officer/official directly and indirectly connected with the process of allotment of retail licensed outlets.
(ii)A person from the public shall be chosen for each draw of lot.
(iii)At the time of draw of lots the applicant whose slip for draw of lots, is first drawn shall have the right for allotment of the respective retail outlet subject to prescribed conditions. The applicant whose slip is drawn thereafter shall be declared as the 'allottee in waiting', who shall have the claim to allotment of the respective retail outlet, in case the first allottee defaults or is debarred. In the event, if the 'allottee in waiting' also defaults or is debarred, the applications for the retail outlet shall be invited afresh, and the whole process shall be repeated again.
(iv)The name of the successful applicant and the 'allottee in waiting' shall be announced there and then.
(v)The allotment by draw of lots shall be made on the same day throughout the Sate.
(vi)The area of retail outlet shall be specified. The licensee shall make his own arrangements for opening of the retail outlet.
(vii)In case no application is received for any retail outlet/outlets of country liquor and or Indian Made Foreign Liquor, the names and locations of such retail outlets, their annual license fee and annul quota shall be displayed prominently in the office of the Deputy Excise and Taxation Commissioner (Excise).
(viii)A report of such retail outlets shall be made separately to the Excise and Taxation Commissioner on the next day of allotment. Applications for such retail outlets shall then be invited again at the time/date to be fixed by the Deputy Excise and Taxation Commissioner (Excise) of the district with the prior approval of Excise and Taxation Commissioner (Financial Commissioner) and the procedure detailed above shall be followed afresh.
(11)No person who under Rule 15 is not permitted to hold a license or is associated in interest with a person who is not so permitted, shall be allowed to apply for any license of retail liquor outlet.
(12)No person shall be allowed to apply for another person, whether he is a partner or not, unless he holds a power of attorney duly executed in his favour authorising him so to apply.
(13)No person shall be allowed to apply for any license unless he applies in the prescribed application form available from the office of Deputy Excise and Taxation Commissioner (Excise) of the respective district on payment of five thousand rupees in cash, against a proper receipt. The application forms shall be got printed by the Excise and Taxation Commissioner (Financial Commissioner) and shall be supplied to the districts. These shall be serially machine numbered and shall be authenticated by the Deputy Excise and Taxation Commissioner (Excise) with his signatures and stamp before issue. The applications shall be accompanied by a security amount of one lakh rupees in cash or by bank draft in favour of the Deputy Excise and Taxation Commissioners (Excise) of the respective district against receipt in form 24-A. If any such person commits misconduct during the process of allotment, the said amount shall be forfeited. In case of a successful allottee, this amount shall be adjusted towards his security and in the case of an unsuccessful applicant, the amount shall be refunded to him at the conclusion of draw of lots.
(14)In case the successful allottee fails to deposit the first instalment of security equal to five percent of the annual license fee of the respective retail outlet, apart from forfeiture of the security amount of one lakh rupees, he will be black listed and debarred from participating in subsequent allotment.
(15)No person shall be allowed to apply for the allotment of a retail liquor outlet, if his name is borne on the list of persons debarred from holding licenses in Haryana, Punjab, Himachal Pradesh, Delhi or the Union Territory of Chandigarh.
(16)The Deputy Excise and Taxation Commissioner (Excise) of the respective district may exclude from allotment of retail liquor outlet any person on account of his being notorious or of a bad character or any other sufficient reasons to be recorded in writing.
(17)The Deputy Excise and Taxation Commissioner (Excise) of the district shall forward to the Excise Commissioner (Financial Commissioner) for approval, statements in forms M-14 and M-14A showing the locality, license, fee, quota of each retail liquor outlet, name, parentage and full permanent address of the person to whom the retail liquor outlet has been allotted by draw of lots. If no intimation to the contrary is received within ten days from the date of the allotment of a retail liquor outlet, the Deputy Excise and Taxation Commissioner (Excise) of the respective district shall assume that the Excise Commissioner (Financial Commissioner) has accepted his proposal.
(18)The successful allottee shall have to deposit security equal to twenty per cent of the annual license fee of the respective licensed outlet, out of which five per cent of the license fee shall be deposited on the day of draw of lots, five per cent of the license fee within seven days of allotment/draw of lots or on or before 31st March, 2006, whichever is earlier. Third instalment of security equal to ten per cent of the license fee shall be deposited by 7th of April, 2006. In case the successful allottee is a company the total amount of license fee shall be paid on the day of draw of lots. The entire amount of security including 1/3rd or its ninety per cent, as deemed proper by the Excise Commissioner (Financial Commissioner) shall be adjustable towards the last instalment payable by him. If any amount whatsoever is due to the department from the licensee including any part of the license fee for whatever reasons, the adjustment of the security to that extent shall not be allowed.
(19)A person to whom a liquor outlet has been allotted, shall pay by the 15th day of every month an instalment equal to ten per cent of the total annual license fee upto the month of November, 2006.
(20)Deputy Excise and Taxation Commissioner (Excise) of the district may authorize the licensee to deposit the amount of instalment or part thereof upto the last day of the month for which the instalment is due on the condition that the licensee pays interest at the rate of Rs. 1.50 (one and a half) per cent per month from the 1st day of the month of default till the date of the payment.
(21)In the event of failure to pay the instalment or instalments along with the interest, as the case may be, by the due date, the licensed retail outlet shall cease to be in operation on the first day of the following month and shall ordinarily be sealed by the Deputy Excise and Taxation Commissioner (Excise) or the Excise and Taxation Officer (Excise), or the Assistant Excise and Taxation Officer (Excise) or any other official authorised by him and his license shall be cancelled.
(22)The licensee to whom a retail liquor outlet of country liquor (L-14A) or Indian Made Foreign Liquor (L-2) is allotted, shall be bound to lift its entire annual quota of country liquor or Indian made foreign liquor on quarterly basis from the licensed wholesale outlet of country liquor (L-13) and licensed wholesale outlet of Indian Made Foreign Liquor (L-1) located at every district headquarter in the State. The lifting of quota shall mean physical lifting of liquor from the licensed wholesale outlet of country liquor (L-13) and licensed wholesale outlet of Indian Made Foreign Liquor (L-1). It shall be obligatory for a licensee to lift quota of country liquor and Indian made foreign liquor as per the Schedule below :-
1st quarter Twenty five per cent of annual quota upto 30.6.2006;
2nd quarter Twenty per cent of annual quota upto 30.9.2006;
3rd quarter Thirty per cent of annual quota upto 31.12.2006;
4th quarter Twenty five per cent of annual quota upto 25.3.2007
A licensee shall be allowed to lift upto fifty per cent of the quota for the next quarter after lifting the quota for the current quarter. Progressive additional lifting shall be adjusted against the quota for the next quarter :-
(i)For the purpose of computation of annual quota, the quantity of liquor lifted will be progressively totalled and any increase or decrease with reference to the quarter wise Schedule of lifting will not matter. For failing to lift quota in any quarter below the norm fixed will attract penalty as provided for such failure/non-compliance of the provision in this regard (annual quota remaining the same).
(ii)The allottee shall be allowed to lift fifty per cent of additional quota of a licensed retail liquor outlet without payment of additional license fee, but only after the lifting of the basic annual quota and payment of the annual license fee of the respective licensed retail liquor outlet at the same rate of duty of basic quota. The additional quota of more than fifty per cent but upto seventy five per cent may be allowed on payment of additional license fee of rupees ten per proof litre.
(23)In the event of failure to lift the fixed quota for each quarter, the licensee shall be liable to pay penalty on the quantity of unlifted quota at the rate of twenty rupees per proof litre for country liquor and at the rate of sixty-five rupees per proof litre on Indian Made Foreign Liquor. This penalty shall be paid within fifteen days after the date mentioned for lifting of quota.
(24)If any successful allottee fails to deposit the amount of security equal to the twenty per cent of the total license fee or refuses to accept the license the Deputy Excise and Taxation Commissioner (Excise) of the respective district may re-allot it by seeking prior permission of the Financial Commissioner, and any deficiency in license fee shall be recoverable from the defaulting allottee as arrears of land revenue.
(25)When a license is cancelled the Collector or any officers not below the rank of Excise and Taxation Officer or authorized by the Financial Commissioner in this behalf may re-allot it in accordance with the procedure laid down in this rule and any deficiency in the license fee shall be recoverable from the defaulting allottee as arrears of land revenue. Besides the deficiency in the license fee, the expense incurred on re-allotment may also be recovered as arrears of land revenue. The Collector or the officer authorized to make re-allotment shall community the result of such re-allotment in the statement in form M-16 to the Financial Commissioner in the same manner as result of earlier allotments for his approval. If no approval is received within ten days of the date of re-allotment, the Collector shall presume that the same has been approved.
(26)The Deputy Excise and Taxation Commissioner (Excise) of the respective district, shall communicate the change in the list of licenses to the Superintendent of Police, and the Managers of distilleries.".