In exercise of the powers
conferred by section 84 of the Assam Excise Act, 2000 (Assam Act No. XIV of
2000), the Governor of Assam is hereby pleased to make the following rules
further to amend the Assam Excise Rules 2016, hereinafter referred to as the
principal Rules, namely:- (1) These
rules may be called the Assam Excise (Amendment) Rules, 2018. (2) They shall
come into force on the date of their publication in the Official Gazette. In the principal Rules, in rule 61, for the existing
provision, the following shall be substituted, namely:- "61. Renewal of
licence:- Subject to the provisions contained in rule 128 of these
rules, every licence shall be renewed annually by the Excise Commissioner on
payment of annual licence fees and if there is nothing adverse against the
licensee." In the principal Rules, in rule 114,- (i) in
sub-rule (iii), for the existing proviso, the following shall be substituted,
namely:- "Provided that the Commissioner of Excise in respect
of wholesale vend of Foreign liquor and District Collector in respect of retail
sale of foreign liquor "OFF" the premises shall renew such licences
for another term of one year, if there is nothing adverse against the licensee
." (ii) in
sub-rule (iv), for the existing provision, the following shall be substituted,
namely:- "(iv) License
for retail vend of foreign liquor "ON" the vendors premises shall
always be for one year subject to renewal by the District Collector annually if
there is nothing adverse against the licensee." In the principal Rules, in rule 128, for the existing
provision, the following shall be substituted, namely:- "128. (1)
All retail licenses for foreign liquor, country spirit and heritage alcoholic
beverages and other intoxicants granted under these rules shall be renewed
annually by the District Collector on payment of prescribed annual licence fee
if there is nothing adverse against the licensee and if no government dues
remain as arrear with the licensee. (2) All licences for CSD Bonded warehouse and wholesale
warehouses for foreign liquor, country spirit and heritage alcoholic beverages
and other intoxicants shall be renewed by the Excise Commissioner if there is
nothing in contrary. (3) All licences for distillery and brewery as well as
all licences for manufactory for foreign liquor, country spirit and heritage
alcoholic beverages and other intoxicants shall be renewed by the Excise
Commissioner with the previous sanction of the State Government, if there is
nothing in contrary." In the principal Rules, in rule 129, for the existing
provisions, the following shall be substituted, namely:- "129. (1) (a)
All applications for the renewal of retail licenses shall be received in the
office of the District Collector(Excise Branch) on or before the 15th day of
February every year along with all requisite documents as may be determined by
the District Collector, from time to time, but without the license fee, payable
for the renewal of license. (b) The District Collector shall cause to be scrutinized
all such renewal proposals received on or before the 15' day of February and
shall grant the sanction for renewal to such licenses as provided in rule 128
(1) at his discretion before the 15th day of March and shall order the
concerned licensees in whose favour sanction for renewal has been granted, to
deposit the licence fee on or before last day of March through treasury challan
or by any other method as may be determined by the State Government, for the
renewal of licence for the next year, (2) (a) All applications for the renewal of licences for
wholesale warehouses, CSD Bonded warehouses, manufactories, distilleries and
breweries shall be received in the office of the District Collector (Excise
Branch) on or before the 15th day of December. (b) The District Collector shall cause to be scrutinized
all such renewal proposals received on or before the 15 day of December as
provided in sub-rule (2) and (3)of rule 128 and shall send such proposals along
with a consolidated statement with his specific comments thereto to the Excise
Commissioner before the 15th day of January every year. (c) The sanction for renewal to such licences as provided
in rule 128(2) shall be granted by the Excise Commissioner at his discretion
and such sanction shall be communicated to the District Collector before the
15th day of February every year. (d) The Excise Commissioner shall after due scrutiny,
send such list prepared by the District Collector in respect of renewal
proposals as provided in rule 128(3) to the State Government with his specific
comments thereto before the last day of January every year. (e) The sanction for such renewal to such licences as
provided in rule 128(3) shall be granted by the State Government at its
discretion and such sanction or rejection, as the case may be, shall be
communicated to the District Collector before last day of February every year. (f) On receipt of such sanction as provided in clauses
(c) and (e) of this sub-rule, the District Collector shall order the concerned
licensee in whose favour sanction for renewal has been received, to deposit the
licence fee on or before the last day of March through treasury challan or by
any other method as may be determined by the State Government, for the renewal
of licence for the next year. In the principal Rules, in rule 130, for the existing
provision, the following shall be substituted, namely:- "130. The
licensees who fail to deposit the licence renewal proposal as per rule 129 (1)
(a) and rule 129(2)(a)and sanction for renewal in whose favour has been delayed
due to reasons attributable to the licensee and if for such reasons the
licensee fail to deposit the licence renewal fee as provided in rule 129 (1)(b)
and rule 129(2)(f), the licence shall cease to have effect with effect from the
first day of April to the date of endorsement of renewal by the Collector
provided that such defaulter has to pay (50%) of the licence fee as penalty
before renewal of the licence." In the principal Rules, in rule 288, the existing
provisions shall be omitted. In the principal Rules, in rule 295, after sub-rule (ii),
the following sub-rule (iii) shall be inserted, namely:- "(iii) for the
purpose of rule 289(i), 295(i) and 295(ii), objections from the owners or
occupiers and residents of the neighbourhood located within a radius of 75
(seventy five) meters of the premises involved shall be considered." In the principal Rules, in rule 616, for the existing
provision, the following shall be substituted, namely:- "616. Strength
of Country Spirit to be sold by Wholesale or retail sale : Country Spirit of 60 degree under proof (as printed in
the label fixed on the bottles) in measure of 750 ml or 375 ml and 600 ml or
300 mi or 200 ml in transparent glass/PET bottles with pilfer-proof
seals/capsules are to be sold to the wholesalers by the manufacturers and to
the retailers by the wholesalers to whom a licence may be granted for the
purpose. One case of country spirit will contain 12 bottles of 750 ml i.e. 9 BL
or equivalent quantity or 20 bottles of 600 ml i.e. 12 BL or equivalent
quantity." In the principal Rules, in rule 638, for the existing
provision, the following shall be substituted, namely:- "638. Quantity
of Heritage Alcoholic Beverages to be sold by wholesale or retail sale : Heritage Alcoholic Beverages in measures of 750 ml or 375
ml and 600ml or 300 ml or 200 ml in transparent glass/PET bottles with
pilfer-proof seals/capsules are to be sold to the wholesalers by the
manufacturers and to the retailers by the wholesalers to whom a license may be
granted for the purpose. One case of Heritage Alcoholic Beverages will contain
12 bottles of 750 ml i.e. 9 BL or equivalent quantity or 20 bottles of 600 ml
i.e. 12 BL or equivalent quantity."ASSAM EXCISE (AMENDMENT) RULES, 2018
PREAMBLE