3. Grant of licence for manufacture and bottling of foreign liquor.
(1)A person intending to construct and run a manufactory or bottlery shall make an application to the State Government through the Excise Commissioner, notifying his scheme and giving all relevant details.(2)An application made under sub-rule (1) shall be accompanied by a challan in token of payment of prescribed fee deposited into the treasury.(3)The State Government may, if satisfied about the bonafides of the proposed scheme of the applicant, accord sanction and issued a 'Letter of Intent' which shall be valid for one year from the date of communication, unless its validity is extended beyond one year.(4)The 'Letter of Intent' communicated under sub-rule (3) shall not confer any right or privilege for grant of a licence and is liable to be revoked or withdrawn at any time in public interest after giving its holder a notice to show cause against such action and after giving him an opportunity of hearing, if he so desires.(5)No compensation for any damage or loss shall be payable when a 'Letter of Intent' is revoked or withdrawn under sub-rule (4).(6)The holder of 'Letter of Intent' shall not sell transfer or sub-lease it or enter into any arrangement with any other person for the construction or working of manufactory or bottlery in pursuance of the said 'Letter of Intent' without the previous sanction of the State Government.(7)An application, in the prescribed form, for approval of the plant and machinery and map of the building, shall be submitted to the Excise Commissioner.(8)Every application referred to in sub-rule (7) shall be accompanied by-(i)Copy of the 'Letter of Intent' issued by the State Government;(ii)Project report of the proposed manufactory alongwith details regarding the plant and machinery and map of the manufactory building;(iii)Any other certificate or authorisation or clearance required from Central Government, a local body, Town and Country Planning Department, Madhya Pradesh Pollution Control Board and any other Department of the State Government, under any enactment or rules in force.(9)The Excise Commissioner may, if satisfied that the applicant has fulfilled the requirements of sub-rule (8), approve the map, plant and machinery of the project for the construction and working of the manufactory.(10)The applicant shall report to the Excise Commissioner, the date on which the construction of the building and erection of the plant and machinery are completed.(11)In case the applicant fails to submit the completion report as contemplated in sub-rule (10) within a period of one year from the date of approval by the Excise Commissioner under sub-rule (9), the approval so granted, shall be liable to be withdrawn without compensation, for any damage or loss :Provided that, if the Excise Commissioner is satisfied that there is sufficient cause for not constructing and completing the works as per approved plan within the period of one year, he may, for reasons to be recorded in writing, grant extension of time for such period, as he may deem fit.(12)When the Excise Commissioner is satisfied that the construction of the building and erection of the plant and machinery are complete in all respects, he may, subject to the prior approval of the State Government, grant a licence for the manufacture of foreign in Form FL 9 or FL 9-A for a period of one year, on payment of such annual licence fee as prescribed by the State Government. The licence may be renewed every year on payment of the prescribed fee as aforesaid, subject to due observance of the provisions of the Act, and rules made thereunder and conditions of the licence.(13)No alteration or addition shall be made, without the prior permission of the Excise Commissioner, in or to the buildings of the manufactory or the plant and machinery provided that minor additions or alterations may be made by the licensee under intimation to the Excise Commissioner.(14)The licensee shall furnish, when required, security fixed by the Excise Commissioner from time to time, for due observance of the provisions of the Act, rules made and orders issued thereunder.(15)The licensee shall not hypothecate, sell, mortgage, transfer or sub-lease the licence or enter into any partnership for the working of the licence, without the previous permission in writing of the Excise Commissioner. Such permission, if granted, shall be endorsed on the licence.
