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State of Uttar Pradesh - Section

Section 328 in Rules under the United Provinces Excise Act, 1910

328.

The following principles shall be observed in determining the location and the sites for retail shops :
(1)The location and the sites of all shops shall be decided by the Collector.
(2)No change in the site of any shop shall except for very cogent reasons to be recorded in writing shall be permitted during the currency of a settlement. The location of all shops shall be clearly defined at settlement in order to prevent any shifting of sites.
(3)The sites of all shops shall be selected with regard to police control especially in case of cities, town and large villages and traffic regulation needs.
(4)No new shop shall be licensed in close proximity to a place of public resort, school, hospital, place of worship or factory, or to the entrance to a bazar or a residential colony. All objections to the licensing of a shop made by persons affected, shall receive full consideration.
(5)No shop shall be located outside the inhabited site of a village, town or city.
(6)In the case of the existing shops, periodical enquiry shall be made as to whether their position is in conformity with policy under these rules. If their location is found to be objectionable, such steps as are possible, shall be taken to select a more suitable site and to arrange for its removal.
(7)No new shop shall be opened within a quarter of a mile of a railway station without previous intimation of the site to the railway administration concerned. If any objection is raised by that administration, which is not accepted by the licensing authority as a sufficient reason for refusing the licence, the question shall be referred for the views of the Excise Commissioner. The same procedure shall be adopted when complaint are made by railway administration with regard to an existing shop.
(8)In urban areas, no new shop shall be opened without notice to the Nagar Mahapalika, Nagar Palika, Town Area or Notified Area as the case may be. In rural centres, notice of the intention to open a new shop shall be given to the Zila Parishad and published in the vicinity. Any objection which may be brought forward shall receive due consideration.
(9)No licence for the retail sale of liquor at any place within three miles of the border of an other district, shall be granted unless the Collectors of both the district concur, or if they fail to concur, then at a site approved by the Collector for the purpose.