Rule - 1. Short title extent and commencement:--
(1) These rules may be
called the Andhra Pradesh Excise (Arrack and Toddy Licences General Conditions)
Rules, 1969.
(2) They shall extend to
all the areas where the Andhra Pradesh Excise Act, 1968 is in force.
(3) They shall come into
force at once.
Rule - 2. Application:--
These rules shall
apply to all licences issued under the Andhra Pradesh Excise Act, 1968 for sale
of arrack and toddy, and they shall be deemed to be general conditions on and
subject to which the licences shall be granted under the Act.
Rule - 3. Definitions:--
In these rules the
context otherwise requires,--
(a) 'Act' means the
Andhra Pradesh Excise Act, 1968:
(b) 'excise year' means
the period of twelve months commencing from the 1st October of the year and
ending with the 30th September of the succeeding year:
(c) 'licensee' means a
person to whom a licence to sell arrack or toddy has been granted under the
Act: V
(d) 'rental' means the
rent payable in respect of shop or group of shops as part of sum in
consideration of the grant of lease of licence or both under Section 23 read
with Section 17 of the Act, besides the issue price payable for the Minimum
Guaranteed Quantity of arrack of the shop or group of shops in the case of
arrack shops and tree tax and tree owner's rent payable in the case of toddy
shop.]
(e) 'Shop' means the
licensed premises where arrack or toddy is sold in retail for public
consumption.
Rule - 4. Commencement of business:--
(1) Every licensee shall
commence his business from the 1st October or such other date as may be
specified in the licence and shall keep the shop open every day during the
hours fixed till the expiry of the term of licence, unless the closure of the
shop is ordered by the competent authority for the period specified by him
[Explanation:-- A
shop shall not be deemed to be open, unless if it is an arrack shop, it keeps
so much stock of arrack in the shop as is necessary to meet the requirements of
a week unless there is short supply, and if It is a toddy shop it keeps always
in the shop toddy to the extent of daily requirements :
Provided that in the
case of arrack shops in the cities of Hyderabad and Secunderabad or in such
other places as the Commissioner may approve, wherein depots for the supply of
arrack are situated, it shall be sufficient to keep stock of so much of
arrack as to meet the requirements of four days only instead of one week,
unless there is short supply.]
Rule - [3][5. Selection of Premises:--
(1)
The
auction purchaser, subject to the approval of the Excise Superintendent, shall
select a suitable premises for the location of the shop within the village or
locality, as the case may be, notified in the Auction Gazette. It shall be
atleast 100 metres away from the places of public worship, educational
institutions, labour colonies, highway, hospitals and places of payment of
salaries in industrial, mining and project areas.
Provided
that in the case of the shops situated in areas within the jurisdiction of any
Municipal Corporation, Special Grade, Selection Grade and Grade-I
Municipalities the premises shall be atleast 50 metres away from the places of
public worship, educational institutions, labour colonies, highway, hospitals
and places of payment of salaries in industrial, mining and project areas.]
Explanation;--
For the purpose of sub-rule (1).
(i)
'Place
of public worship' means a temple registered with the Endowment Department,
Mosque and Church and includes such other religious institutions as the State
Government may by order specify in this behalf:
(ii)
'Educational
Institution' means any Primary School. Middle School and High School recognised
by the State Government or Central Government or any College affiliated to any
University established by law;
(iii)
'Labour
Colonies' means colonies where labourers may be residing in a large number and
includes Housing Board Colonies for labour or industrial workers. Labour
Housing Colonies of Companies;
(iv)
'High
Way' means National High way or State Highway but shall not include that part
of the National Highway or State Highway which passes within the limits of any
Municipal Corporation, Municipal Council or the Goatham in any village or
Panchayat area;
(v)
'Hospital'
means any hospital which is managed or owned by a local authority, State
Government or Central Government.
(2)
The
distance referred to in sub-rule (1) above shall be measured from the mid-point
of the entrance of the shop along the nearest path by which pedestrain
ordinarily reaches, to the midpoint of the nearest gate of the institution if
there is a compound wall and if there is no compound wall to the midpoint of
the nearest entrance of the institution.
(3)
The
boundaries of the premises shall be indicated in the licence.
(4)
The
licensee shall provide easing facility like urinals and drinking water facility
within the boundaries of the premises and shall keep the premises and its
surroundings always clean.
[The
licensee shall also provide moderate sitting accommodation for at least five
customers within the boundaries of the shop premises].
(5)
The
licensee shall screen the premises in such a way that the customers while
consuming arrack/toddy are not visible to outsiders and passers by
(6)
Any
shop in respect of which a licence has been granted shall not be deemed to be
situated within the prohibited distance referred to in sub rule (1) if any time
after such licence is granted any institution referred in sub-rule (1) comes
into existence within the prohibited distance.
Rule - 6. Sales to be conducted within the licensed premises:--
Sale
of arrack or toddy shall be conducted in a suitable place within the premises
set apart for that purpose, If the premises of the shop is amidst the dwelling houses
it shall be isolated so as to render it inaccessible to non-consumers.
Rule - 7. Sign board to be affixed:--
The licensee shall affix a sign board
written in the regional language in a conscious part of the shop showing the
nature of the intoxicant sold in the shops, its retail price, and the number of
the licence.
Rule - 8. Sale of other intoxicants prohibited:--
Any intoxicant other
than that to which the licence pertains shall not be sold or kept in the shop.
Rule - 9. Hours of Business:--
Every shop shall
remain open from 7 A.M. to 10-30 P.M. If at anytime during the term of the
licence the Commissioner or any officer authorised by him brings about any
change in the timings, the licensee shall observe the timings so changed.
Rule - 10. Use of standard measures:--
The licensee shall use only, the standard measures as
certified and stamped by the Weights and Measures Department of the Government
of Andhra Pradesh at the shop for the purposes of sale. The measures shall be
obtained by the licensee at his cost.
Rule - 11. Adulteration of toddy or arrack prohibited:--
Arrack or toddy which is sold or offered for sale in the
shop shall be unadulterated and duty paid. The licensee shall not vary the
intoxicating quality or strength of the arrack or toddy either by mixing any
foreign ingredient or otherwise.
Explanation:--Mixing of sugar in toddy is permissible, while
mixing of arrack of different strengths and the sale of such mixtures is not
permissible.
Rule - 12. Employment of women and certain other persons for selling toddy/ arrack prohibited:--
(1) Where the licensee,
proposes to employ a woman, other than a woman belonging to the family of the
licensee for the sale of arrack or toddy in any shop, he shall obtain prior
permission of the Excise Superintendent. The licensee shall not employ any
person for the sale of arrack or toddy in a shop if he is disqualified by or
under the Act or is disapproved by the Excise Superintendent for sufficient
cause.
(2) No person under the
age of eighteen years shall be employed in any shop where arrack or toddy is
consumed
Rule - 13. Arrack and toddy not to be sold to certain persons:--
Arrack or toddy shall not be given or sold to the following
persons namely--
(1) Insane persons;
(2) Persons known or
believed to have been drunk ;
(3) Persons known or
suspected to be about to take part in a riot, disturbance of public peace or
any other crime;
(4) Policemen, Excise
Officers, Railway servants or Automobile Drivers when on duty or in uniform :
(5) Soldiers in uniform
or members of their camp in uniform.
(6) Children below the
age of 18 years.
Rule - 14. Regulation of sale of arrack and toddy:--
The licensee shall not sell arrack or toddy to any person at
any time more than the maximum quantity notified under Section 14 of the Act
for private possession.
Rule - 15. Licensee not to permit certain acts in the shop:--
The licensee shall not permit in any shop gambling or any
other kind of disorderly conduct.
Rule - 16. Objectionable advertisement prohibited:--
The licensee shall, not advertise the sale of arrack and
toddy by beat of drum or displaying hoardings or in any other manner on
highways, in lanes, by lanes or in public places.
Rule - 17. Licence to be surrendered to the licensing authority on expiry:--
(1) Every licence granted
under these rules shall be deemed to have been granted either jointly or
severally to the licensee named therein, and shall on its expiry, be
surrendered by the licensee to the licensing authority.
(2) If any licensee dies
during the currency of the licence, the licensing authority may continue such
licence in favour of his legal heir, if he expresses his willingness in writing
to the licensing authority within fifteen days from the date of death of the
licensee. If the heir does not express his willingness to continue, the shop
shall be re-auctioned after the expiry of the period of fifteen days aforesaid.
Rule - 18. Payment of licence fees:--
(1) Every application for
grant of licensee under these rules shall be accompanied by a treasury challan
for rupees fifteen towards the payment of fee for the grant of such licence in
respect of auction of Toddy shops and shops allotted to Toddy Tappers
Co-operative Societies.
(2) Where Toddy shops are
allotted to individual tappers under 'Tree for Tapper' Scheme, each tapper shall
pay one rupee as Licence Fee for the grant of Licence for a shop.
(3) The Licence Fee
payable for each Arrack shop before the grant of Licence shall be at the
following rates:--
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Licence
Fee Rs.
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(i)
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Shops
situated in Municipal Corporation together with a belt area of 5 K.Ms. from
the periphery of Corporation.
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9.000/-
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(ii)
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Shops
situated in Selection Grade Municipality together with a belt area of one
K.M. from the periphery of such Municipality.
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6,500/-
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(iii)
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Shops
situated in Special Grade Municipality together with a belt area of one K.M.
from the periphery of such Municipality.
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5,000/-
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(iv)
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Shops
situated in Grade-I Municipality and Industrial Project and Notified areas.
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4,500/-
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(v)
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Shops
situated in Grade-II Municipality.
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4.000/-
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(vi)
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Shops
situated in Grade-Ill Municipality.
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3.000/-
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(vli)
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Shops
situated in Towns as classified in the Census of 1981.
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2,500/-
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(viii)
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Shops
situated in major Gram Panchayats.
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1,250/-
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(ix)
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Shops
situated in Gram Panchayats.
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500/-
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Explanation:-- For the purpose of this rule:--
(a) Municipal
Corporation, Selection Grade, Special Grade, Grade I, Grade II, Grade III
Municipalities and notified Industrial and Project areas, Major Gram Panchayats
and Gram Panchayats means such areas as notified by Government of Andhra
Pradesh from time to time.
(b) Town means such area
as notified in the 1981 Census.
Rule - 19. Transfer of licences;--
(1) There shall be no
transfer of licence for the sale of arrack or toady to any other person.
(2) Where a licence is
granted jointly, no licensee shall include or exclude any partner except within
the previous permission of the licensing authority. Such permission may be
granted by the licensing authority on an application made by the partners together
with a fee of Rs. 25/- per one shop and Rs. 50/- per more than one shop. On
receipt of application the licensing authority may make such enquiry for
verification of the details stated in the application and the solvency of the
persons concerned and for any other matter as he deems fit and where he is
satisfied about the solvency and other matters he may permit the inclusion or
exclusion of partners.
Rule - 20. Transport of arrack or toddy:--
The licensee shall not transport arrack or toddy unless it is
accompanied by a transport permit granted by the authority concerned and in
accordance with the terms specified in the transport permit, and in case of
arrack the seals on the containers shall not be broken. The consignment of
arrack or toddy shall conform to the strength and quantity and other
description recorded in the permit concerned. Every permit shall be produced on
demand by any excise officer not below the rank of a Sub-Inspector.
Rule - 21. Sale of arrack or toddy to be conducted in separate premises:--
Where a licensee holds licences for the sale of both arrack
and toddy he shall keep separate premises for the sale of them.
Rule - 22. Returns:--
The licensee shall furnish such returns and particulars as
may be required by the Excise Superintendent from time to time.
Rule - 23. Deposit of forms and books:--
On the expiry of the licence, the licensee shall deposit
with the Range Sub-Inspector the transport permit books, the transport pass
books, inspection book and other departmental forms pertaining to the shop and
all accounts except those required for income-tax purposes.
Rule - [5][24. Drawal of samples:--
Any Excise Officer, not below the rank of the Sub-Inspector
of Excise or Food Inspector appointed under the Prevention of Food Adulteration
Act, 1954, shall be competent, any time, to take samples of arrack or toddy, in
the possession of the licensee or any other person storing arrack or toddy, for
the purpose of analysis. Such officer shall take three samples in the presence
of the licensee or his agent or other person in-charge of the licensed premises
or who is found selling toddy in the said premises, after conducting a
Panchanama. The samples shall be sent to the Court with a requisition to send,
one of the samples expeditiously to the Chemical Examiner of the Excise
Department having Jurisdiction in the region, in which licensed premises are
situated, for chemical examination. If the sample sent to the Chemical Examiner
is damaged, in transit or otherwise before the completion of the analysis, the
court may be requested by the concerned Officer to send a second sample to the
Chemical Examiner. If the licensee desires that the sample should be sent for
analysis to an independent laboratory, he may apply to the Excise
Superintendent within three days of the drawal of the sample. In cases where
the licensee or one of his Nowkamama holders was not present at the time of
taking of sample, the licensee should apply within 7 days. The application
should be accompanied by a demand draft for an amount sufficient to cover the
analysis charges. If no such application is filed within the requisite time
limit, the licensee shall not be entitled to seek analysis by an independent
laboratory thereafter. On receipt of the application within time and with
requisite demand draft, the concerned officer shall request the Court to send a
sample to the independent Laboratory chosen by the licensee.
Rule - 24-A. Manner of Packing, Sealing, Labeling and Addressing the Samples:--
All samples of arrack or toddy taken under Rule 24 shall be
packed, fastened and sealed in the following manner, namely:--
(a) The stopper shall
first be securely fastened so as to prevent relevant leakage of the contents in
transit.
(b) The bottle, jar or
other container shall then be completely wrapped in fairly strong thick paper.
The ends of the paper shall be neatly folded in and affixed by means of gum or
other adhesive.
(c) A proper slip of the
size that goes round completely from the bottom to top of the container bearing
the signature and code of the inspecting officer, shall be pasted on the
wrapper, the signature or the thumb impression of the person from whom the
sample has been taken being affixed in such a manner that the paper slip and
the wrapper, both carry a part of the signature or thumb-impression ;
Provided that in case, the person from whom the samples have
been taken refuse to affix his signature or thumb-impression, the signature or
thumb-impression of the witnessess, shall be taken in the same manner;
(d) The paper cover shall
be further secured by means of strong twine or thread both above and across the
bottle, jar or other container, and the twine or thread shall then be fastened
on the paper cover by means of sealing wax on which there shall be atleast four
distinct and clear impressions of the seal of the sender, of which one shall be
at the top of the packet, one at the bottom and the other two on the body of
packet. The knots of the twine or thread shall be covered by means of sealing
wax bearing the impression of the seal of the sender.
Rule - 24-B. Manner of Despatching the Samples:--
The samples after following procedure laid down in Rule 24-A
shall be forwarded to the Court as specified in Rule 24 immediately after the
drawal of the samples but not later than the succeeding day by any suitable
means. A copy of the specimen impression of the seal, used to seal the sample
shall be sent to the Chemical Examiner separately by registered post or
delivered to him or to any person authorised by him.
Rule - 24-C. Contents of one or more similar sealed containers having identical labels to constitute the quantity of a sample:--
Where arrack or toddy is sold or stocked for sale or for
distribution in sealed containers having identical labels of declaration, the
contents of one or more such containers as may be required to satisfy the
minimum quantity necessary for conducting analysis as deemed sufficient by the
Chemical Examiner shall be treated as part of the sample.
The quantity of sample sent for analysis shall be considered
as sufficient unless the Chemical Examiner reports to the contrary"].
Rule - 25. Maintenance of accounts:--
Every licensee shall maintain accounts in ink and each page
shall be machine numbered serially. The licensee or any person authorised in
this behalf by the Excise Superintendent shall write the accounts daily and
they shall be reconciled and closed at the end of the day's transactions.
Rule - 26. Intimation to Police Officer:--
The licensee shall give intimation to the nearest Police
Station of persons whom he knows or has reason to believe to have been
convicted of any non-bailable offence or who are habitual offenders, restoring
to or assembling or remaining in or on the premises of the shops.
Rule - 27. Customers not to be allowed to stay at nights:--
The licensee shall not allow any person other than members
of his family or his authorised servant in the shop after closer of the
business for the day.
Rule - [6][28. Payment of Rental:--
(1) Rental of the shop
shall be remitted by the licensee into the Government Treasury of the
Mandal/District in which the shop is situated and the receipted challan
submitted to the Excise Sub-Inspector concerned soon after the remittance.
Payment of monthly rental shall ordinarily start from the month of October of
every excise year. The monthly rental shall be remitted in two equal instalments.
The first instalment shall be remitted by 20th of the month and the second
instalment by 30th of the same month except for the month of February when the
second instalment shall be remitted by 28th of that month. Where the due date
or the next day of the instalment happens to be a holiday, the instalment shall
be remitted on the next working day. In case the first or second instalment of
the monthly rental is not remitted by the due date (s) the licence shall be
liable for suspension or cancellation after giving an opportunity to the holder
thereof of making his representation within seven days against the auction
proposed.]
(2) Notwithstanding the
suspension or cancellation of a licence arrears of rental shall bear
interest [at the rate prescribed in the Andhra Pradesh Excise (Levy
of Interest on Government Dues) Rules, 1982) from the date on which the rental
becomes due upto the period for which it remains unpaid.
(3) In the case of a
licence granted for tapping an excise tree or drawing toddy from any such tree,
if the licensee fails to remit tree tax and tree owner's rent immediately after
the trees are booked for infraction, his licence is liable for suspension or
cancellation.
(4) In the event of
failure to pay in time of any dues by the holder of licence, without prejudice
to the suspension of the licence and to the re-auction of the lease the Excise
Superintendent shall be competent to stop issue of arrack or release of trees
for tapping or drawing toddy therefrom in favour of the licensee, after giving
an opportunity of making his representation against the action proposed.
(5) Where a licensee has
more than one shop, in the event of failure to pay rental, tree-tax, tree
owner's rent or any other dues in time in respect of any of the shops, his
licence for all or any one of the shops, shall be liable for cancellation or
suspension irrespective of the fact that there is no default in remittance of
rentals, tree-tax, tree owner's rent or other dues in respect of other shops.
Rule - [8][29. Power of Collector to Postpone or Defer Payment of Rental.
The Collector may, on written application submitted by the
licensee, by order reduce or remit the rental for the period of curfew imposed
by the competent authority for a period of the shows or more consecutively
on the scales shown below:
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(a)
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For
the shops located in areas where curfew has been imposed for more than 18
hours.
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Full
remission of rental for each such day.
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(b)
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For
shops located in areas where curfew has been imposed for periods from 12 to
18 hours in a day.
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Remission
of half of the proportionate rental for such day,
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(c)
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For
shops located in areas where curfew has been imposed for periods less than 12
hours but covering the period from 6-00 P.M, to 10-30 P.M.
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Half
of the proportionate rental for such day.
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Explanation:-- For the purpose of this rule, a day shall be
reckoned from zero hours of a day to zero hours of the succeeding day.
Rule - 30. Adjustment of earnest money and deposits:--
(1) Earnest money
remitted under Rule 16(1) of the Andhra Pradesh Excise (Lease of Right to sell
Liquor in Retail) Rules, 1969 shall be adjusted against[(July)] rentals, subject to the condition that the licensee
is not in arrears of either issue price, rentals or other amounts payable as on
the date of adjustment and on furnishing the Bank guarantee in Form-AA for a
sum equivalent to issue price of arrack to be lifted in the months of August
and September of the lease period.
(2) The cash deposit
remitted under Rule 16(1) of the rules referred to in sub-rule (1) above shall
be adjusted against the rentals payable for the month of (August)] of the lease period, subject to the condition that
the licensee is not in arrears of either issue price, rentals or other amounts
payable as on the date of adjustment.
(3) The deposit remitted
under Rule 18(1) of the rules referred to sub-rule (1) above shall be adjusted
against the rental for the months of [July towards the second instalment and September in case of
Arrack, and August and September in case of Toddy]
Rule - 31. Suspension of licence:--
Where licence is suspended on account of default in the
payment of any dues payable by the holder thereof, the Collector may at his
discretion, take the shop under his management, during the period of
suspension. Any loss that may accrue when, in consequence of such default, the
shop has been taken under the management of the Collector shall be recoverable
from the defaulting licensee; but the defaulting licensee shall not be
entitled to any profit that may result during such management. The suspension
of the licence may be revoked at any time if the defaulter pays the entire
dues.
Rule - [12][32. Authorisation of servants or agents of a licensee:--
(1) A licensee who
desires to have any person In his employ for acting on his behalf as an agent
or servant, shall make an application in that behalf to the Excise Inspector
concerned, affixing court fee stamp of the value of rupee one and obtain a
"Nowkarnama" in Form 'A' on payment of a fees of rupees two :
Provided that the licensee under Tree for Tapper"
Scheme may authorise his wife to sell toddy on his behalf under prior
intimation of such authorisation to the Excise Inspector and Sub-Inspector of
Excise concerned under acknowledgment.
(2) The licensee shall be
bound to give effect to any orders passed by the Excise Superintendent or any
such agent including the authorised wife of "Tree for Tapper"
licensee or servant who commits any breach of these rules or special rules,
applicable to the licenses or other provisions made by or under the Act.
(3) Any notice or order
served on such agent including the authorised wife of "Tree for
Tapper" licensee or servant, shall be deemed to have been duly served on
the licensee himself.]
Rule - 33. Pecuniary dealings with officers prohibited:--
The licensee or his agent or servant shall not have
pecuniary dealings of any kind of personal nature with the officials of the
Government.
Rule - 34. Inspection:--
(1) Any Excise Officer or
Police Officer not below the rank of Sub-Inspector shall be competent to enter
and inspect the shop and examine licence or test or measure the arrack or toddy
therein.
(2) The licensee shall
furnish necessary receptacles at the time of inspection for the measurement of
arrack or toddy and shall afford all facilities for such inspection.
Rule - 35. Inspection book;--
The licensee shall maintain an inspection book at his own
cost and make it available at the shop to the inspecting officers for recording
notes of inspection. He shall be responsible for its safe custody.
Rule - 36. Seizure of arrack or toddy unfit for human consumption:--
Any officer of the Excise and Police Departments who is
competent to inspect shall also be competent to seize or prohibit arrack or
toddy from being sold when he finds the same unfit for human consumption or to
have been adulterated or diluted in any manner.
Rule - 37. Licence to be exhibited:--
The licence shall be exhibited in a conspicuous part of the
shop
Rule - [13][38. Cancellation of Licence:--
(1) The licence may be
cancelled if the contents of affidavit submitted under Rule 5 (ii) of the
Andhra Pradesh Excise (Lease of Rights to Sell Liquor in Retail) Rules, 1969 is
false or the value of the assets declared in the affidavit is less than an
amount equal to one month's rental.
Provided that the licensee may be called upon to furnish
within seven days from the date of receipt of the notice Bank Guarantee from a
Scheduled Bank or a District Co-operative Central Bank situated in Andhra
Pradesh [for an amount equal to one month's rental.]
(2) Where a licence is
cancelled under the provisions of the Act or the rules made thereunder the
rights to sale shall be re-auctioned subject to the same conditions and
liabilities laid down in the Andhra Pradesh Excise (Lease of Right to Sell
Liquor in Retail) Rules, 1969. Any resultant loss on account of taking
management under the Collector or re-auction of the lease shall be recovered
from the deposits of the defaulting licensee and the balance of dues if any
after such adjustment shall be recovered from the properties of the defaulting
licensee under the provisions of the Andhra Pradesh Revenue Recovery Act, 1864
(Act No. II of 1864). In case of any gain the defaulting licensee shall have no
right to receive it. The cancellation of a license shall automatically render
the lease and all other ancillary permits stand cancelled.
Provided that in case of cancellation of licence for default
of payment of any dues the orders of cancellation of licence of the shop (s)
may be revoked by the Collector (Excise) after satisfying himself that the
defaulter has paid the entire dues together with interest payable thereon as
per rules on or before the date of reaction of such shop (s)
[Provided further that if the licence of an auctioned toddy
shop is cancelled for adulteration, the shop shall not be re-auctioned for the
remaining part of the lease year. In case of Tappers Co-operative Societies and
Tree For Tappers Scheme the shop cancelled for adulteration shall be closed for
the remaining period of the lease.]
Rule - 39. Forfeiture of deposits:--
Where a licence is cancelled, the deposit and earnest money
made in respect thereof may be forfeited to Government either in whole or in
part
[Provided that in case of cancellation of licence due to
adulteration the deposit and earnest money shall not be forfeited and they
shall be refundable only after adjusting all sums due to the Government, if
any.]
Rule - 40. Recovery of sums due to Government:--
Without prejudice to any other mode of recovery, all moneys
due under any or all of the excise contracts from a licensee to the Government
may be deducted from the deposit amount or earnest money, if it has not been
already forfeited to Government. In the event of deduction from the deposit or
earnest money, the licence shall be bound to replenish the deposit or earnest
money to the extent of the deduction within fifteen days of the notice to that
effect served on him by the Excise Superintendent.
Rule - 41. Shifting of shops:--
The licensee shall not shift the shop from one place to
another during the currency of the licence. In special circumstances the
Commissioner or any officer authorised by him in this behalf may permit such
shifting.
Rule - 42. Licensee not entitled to claim compensation:--
Where a licence is withdrawn or a shop is ordered to be
closed by or under the provisions of the Act, otherwise than by cancellation or
suspension, no demand of rental or for the period during which it was withdrawn
or closed, as the case may be made. But the licensee shall have no right to
claim any [damage or] compensation on that account except to the
refund of the proportionate licence fee.