4. Grant and Renewal of Licence for Working a Brewery or Manufactory.
(1)The holder of "Letter of Intent" shall report to the Excise Commissioner the date on which the construction of the premises and installation of plant is complete and formally make a request to him to grant a licence.(2)The application mentioned in sub-rule (1) shall normally be made through the District Excise Officer of the concerned district who, while forwarding it to the Excise Commissioner, enclose the following documents with it,-(a)Report of the committee appointed by the State Government ensuring that the premises have been built and plant erected in accordance with the approved plan enclosed with the "Letter of Intent" and that the plant is ready for commissioning.(b)A copy of challan of the payment of the prescribed licence fee.(3)The Excise Commissioner after taking into consideration the report of the Committee along with the documents specified in sub-rule (2) or after making such further enquiries as he deems necessary may grant the licence in Form B-3 or may refuse to grant the licence.(4)The licence thus granted shall be for a period ending with the close of financial year in which it is granted, and may be renewed for one financial year at a time of payment of the prescribed licence fee by the Excise Commissioner. The request for renewal shall be decided on merits, the factors to be considered being whether the licensee has duly observed the conditions of licence and had complied with all the rules and orders or directions issued by the Excise Commissioner.(5)The application for renewal of licence shall be submitted through the District Excise Officer of the concerned districts. The application must reach the office of the District Excise Officer by the end of January immediately preceding the financial year for which renewal is desired. If have been additions and alterations to or in building plant, fresh blueprints showing the additions and alterations carried out shall be attached to the application. If there has been no addition or alteration, a certificate to that effect by the Officer-in-charge shall be attached.(6)No licence shall be granted or renewed unless the applicant or the licensee has deposited a sum prescribed by the Excise Commissioner as security for due performance of licence conditions. Any liability arising against the licensee by way of duty, fee, penalty etc. under the provisions of the Act or these Rules shall be recoverable from it. The security amount thus depleted shall be indemnified to that extent by the licensee within fifteen days. In case the licence is cancelled for gross violation of any licence condition or any other reason on, the security amount shall stand forfeited.(7)Immediately after the initial grant of a licence or its renewal, the licensee shall execute a counter-part agreement in Form 13-14 and shall not commence working of the brewery or manufactory unless he has done so.(8)The Licensee shall not hypothecate, sell, mortgage, transfer or sub-lease the licence or enter into partnership for working of the licence, without the previous permission of the Excise Commissioner. Such a permission if granted shall be endorsed on the licence.(9)No addition to or alteration in the buildings or the plant machinery shall be effected without the prior approval in writing of the Excise Commissioner :Provided that minor additions, alterations or repairs of emergent nature may be permitted by the Officer-in-charge subject to immediate report to a subsequent approval of the Excise Commissioner.(10)A licence granted or renewed under these Rules shall remain in force for the period specified therein unless it is suspended, cancelled, withdrawn or surrendered earlier.
