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State of Rajasthan - Section

Section 67E in The Rajasthan Excise Rules, 1956

67E. Grant of licence by negotiation.

(1)Subject to such general or special directions as may be issued by the Excise Commissioner from time to time, the [District Excise Officer] [Substituted by GSR 60, dated 18.9.1969, Published in Rajasthan Government Gazette Part IV-C, dated 16.10.1969, [18-9-69].] may, before the commencement of the financial year make an offer to the licensee of a shop in the form laid down by the Excise Commissioner, for the grant of the licence for the ensuing financial year, indicating therein the amount of guarantee and the conditions of the licence. Such an offer shall give not less than 10 days time to the licensee, within which he may communicate to the [District Excise Officer] [Substituted by GSR 60, dated 18.9.1969, Published in Rajasthan Government Gazette Part IV-C, dated 16.10.1969, [18-9-69].] his acceptance or otherwise of the offer, in the form laid down by the Excise Commissioner. The acceptance shall be accompanied with proof of payment of such security and in such manner as may be indicated in the offer:Provided that if the licensee fails to communicate his acceptance within the aforesaid period of 10 days, or if the acceptance is not accompanied by proof of payment of security as aforesaid, such offer shall be deemed to have been rejected by him:[Provided further that where any of the other two methods namely, invitation of tenders under rule 67-B or auction under rule 67-C has already been adopted, before an offer is made under this rule to the licensee of a shop, the minimum time limit of ten days referred to above shall be reduced to five days.] [Added by FD/RT/64, dated 12.3.1964, Published in Rajasthan Government Gazette Part IV-C (Extraordinary), dated 12.3.1964, [12-3-64].]
(2)Notwithstanding anything contained in ride 67-C, but subject to such general or special directions as may be issued by the Excise Commissioner from time to time, the [District Excise Officer] [Substituted by GSR 60, dated 18.9.1969, Published in Rajasthan Government Gazette Part IV-C, dated 16.10.1969, [18-9-69].] may, on rejection of an offer under sub-rule (1), or where no offer is made under sub-rule (1) on account of any general or special direction of the Excise Commissioner, make an offer to any other person for the grant of a licence on the same terms and conditions as those, contained in the offer under sub- rule (1):Provided that-
(i)the amount of guarantee in the offer made to such other person shall not be less than the amount determined by the Excise Commissioner, and
(ii)the minimum time limit of ten days referred to in sub-rule (1) shall not apply to an offer under this sub-rule.
(3)On receipt of the acceptance of the offer from the licensee or any other person referred to in sub-rule (2), as the case may be, the [District Excise Officer] [Substituted by GSR 60, dated 18.9.1969, Published in Rajasthan Government Gazette Part IV-C, dated 16.10.1969, [18-9-69].] shall, subject to such general or special directions as may be issued by the Excise Commissioner, grant the licence.