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State of Andhra Pradesh - Section

Section 12 in Andhra Pradesh Excise (Grant of licence of selling by shop and conditions of licence) Rules, 2012

12. [ Submission of applications for enrolment for registration and selection for grant of license. [Substituted by Notification G.O.Ms.No. 112, dated 22.3.2017 (w.e.f. 18.6.2012)]

(1)
(a)The applicant shall enroll through online for registration with the licensing authority by filling an application in Form-A3(A) for participating in the selection process of Shop.
(b)After enrolment as laid down in the sub-rule (l)(a), the applicant shall obtain Form-A3(B), Registration Certificate in Form-R1 and Entry Pass in Form-El, all system-generated, for each Shop separately for onward submission to the licensing authority as laid down under these Rules.
(2)The application(s) in Form A-3(B) shall be submitted by the applicant(s) for each Shop separately in an envelope addressed to the licensing authority on or before the last date and time notified for receipt of applications along with the following:
(i)
(a)[Challan/Demand Draft drawn in favour of licensing authority] for Rs. 50,000/- (Rupees Fifty thousand only) in respect of Shop located in Mandals, towards non-refundable registration charge.
(b)[Challan/Demand Draft drawn in favour of licensing authority] [Substituted 'Challan' by Notification No. G.O.Ms.No. 130, dated 28.3.2017 (w.e.f. 18.6.2012)] for Rs. 75,000/- (Rupees Seventy Five thousand only) in respect of Shop located in Nagar Panchayats and Municipalities and in the 2 Kms., Belt area from the periphery of the Municipalities, towards non-refundable registration charge.
(c)[Challan/Demand Draft drawn in favour of licensing authority] [Substituted 'Challan' by Notification No. G.O.Ms.No. 130, dated 28.3.2017 (w.e.f. 18.6.2012)] for Rs. 1,00,000/- (Rupees one lakh only) in respect of Shop located in Municipal corporations and in their 5 Kms., belt area from the periphery, towards non-refundable registration charge.
(d)[Challan/Demand Draft drawn in favour of licensing authority] [Substituted 'Challan' by Notification No. G.O.Ms.No. 130, dated 28.3.2017 (w.e.f. 18.6.2012)] for Rs. 5,000/- (Rupees Five thousand only) towards non-refundable application fee.
(ii)Two recent pass port size photographs along with Photostat copies of AADHAR card, PAN card, 2 years’ Income Tax returns/2 years’ VAT returns.
(iii)Demand Draft for an amount of Rs. 3,00,000/- (Rupees Three lakhs only) towards earnest money deposit drawn in favour of the Licensing Authority to be adjusted against the licence fee payable if the shop licence is granted on selection of the applicant or returned if the same is not granted or refused due to any reason.
(iv)Scheduled Tribe Certificate and local Scheduled Area Residence Certificate (only in respect of local S.T. candidates applying for shops in Scheduled Areas).
(3)The envelope containing the application shall be superscribed with the words `Application for registration and grant of licence in Form-A4 for the licence period 20_ - 20_ to sell IMFL and FL by shop at_____________(SI. No. of the Gazette, Name of the Mandal/Nagar Panchayat/Municipality/ Municipal Corporation). The applicant may obtain acknowledgement for the envelope presented.
(4)The licensing authority after due verification of the documents submitted by the applicant as laid down under sub-rule (2) may issue Registration Certificate in Form-R1 (system-generated) and Entry Pass in Form-El (system-generated) to the applicant.
(5)The applications not accompanied by the relevant documents/enclosures specified under sub-rule (2) shall be forth with rejected by the Selection Authority.
(6)Every application shall be taken into consideration if it is presented on or before the prescribed date and time and no application shall be received after the prescribed date and time notified by the Licensing Authority.
(7)The selection process shall be taken up at the place, time and date notified in the presence of the applicants who are available at the time of selection.Provided that if the District Collector considers that the selection process should be postponed to a future date/time or shifted to a different venue for any reason he may do so by recording the reasons there-for and after notifying the same to the applicants.
(8)
(a)The selection process shall be taken up shop-wise, as notified in the District Gazette.
Provided that the Commissioner may, for sufficient reason(s) to be recorded in writing, withdraw any shop from the selection process before the same is commenced
(b)At the commencement of the selection process the licensing authority shall first announce the names of persons and the number of persons who have filed applications for a particular shop.
(c)Where there is only one application for a shop, if the licensing authority is satisfied that the applicant is eligible for grant of licence and that the statutory requirements have been fulfilled, he shall collect the licence fees in the manner provided there for and grant the licence or if not so satisfied, reject the application after recording the reasons there for.
(d)Where there are more than one application for a Notified shop, the selection among the eligible applicants for grant of licence shall be by drawal of LOT by the Collector, irrespective of the presence of the applicants.
(dd)The Collector, after selecting the applicant in respect of a Shop, may continue drawl of lots and select one more applicant from among the remaining applicants as reserve applicant, who may, subject to the provisions of these rules, be allotted the A4 shop, in case the applicant selected first fails to comply with the conditions laid down in these rules on the day of drawl of lots or subsequently.
(e)In case the selected applicant is not willing to take the licence, the earnest money deposit submitted alongwith the application in the form of Demand Draft shall stand forfeited to the Government.
(f)The successful applicant shall sign his name or affix his thumb impression against the relevant entry in the register maintained for the purpose.
(g)Where the successful applicant is not available at the place of selection, and fails to comply with the provisions laid down in these Rules, the earnest money deposit submitted alongwith the application in the form of Demand Draft shall be forfeited to the Government.
(9)The District Collector may, by order, reject any application on the ground that the applicant has indulged in impersonation referred to under Rule 9.
(10)No person shall be entitled to hold licence for more than one shop. In the event of a person being selected for a shop, all the other application(s) filed by him in respect of any other shop(s) shall automatically become invalid and the successful applicant, who has filed applications for more than one shop, shall immediately inform the details of other applications filed by him so as to declare them invalid.Provided that the Commissioner of Prohibition & Excise may grant more than one licence to the persons representing Hybrid Hyper Markets, Malls, Co-operative Societies and Corporations owned by the State Government].