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State of Assam - Section

Section 239 in The Assam Excise Rules, 2016

239. Methods of settlement.

(1)Settlement of country spirit shops shall be made by "auction through sealed tender" or by any other method as may be directed by the State Government.
(2)The sale notice shall contain inter-alia the reserved minimum Vend Fee and Minimum Guaranteed Quota (MGQ) of Country Spirit for a particular shop.
(3)The term of settlement shall be for a period of three consecutive years subject to renewal of licence as per provisions contained in rule 137 and 138 of these Rules and subject to increase in the Minimum Guaranteed Quota (MGQ) of Country Spirit by 6% over the previous year.
(4)The shop shall be settled with the tenderer offering the highest vend fee and highest minimum guaranteed quota of Country Spirit, by the Collector of the district, on recommendation of the Advisory Committee set up under sub-rule (1) of rule 249 of these Rules.
(5)The tenderer with whom a particular shop is settled shall be bound to lift the Minimum Guaranteed Quota (MGQ) of Country Spirit by the end of every year when the renewal is due. The annual minimum guaranteed quantity of Country Spirit shall be distributed over twelve months and the Quota fixed for a month must be lifted by the last working day of the month.
(6)The District Collector, after the settlement as per above rules, shall cause to be verified the data submitted by the tenderers before issue of licence on payment of licence fees as provided in rule 249 (17)(a) of these Rules. In case of submission of any false data by the tenderer, the settlement so made shall be cancelled forthwith and the security deposit paid by the tenderer shall be forfeited.
(7)The Advisory Committee shall recommend the tender offering the Highest Vend Fee Factor(HVFF) calculated by multiplying the Vend Fee offered by the tenderer with that of the Minimum Guaranteed Quota (MGQ) of Country Spirit in a year as offered by the tenderer for that particular country spirit shop.