[1]KARNATAKA EXCISE (LEASE OF THE RIGHT OF RETAIL VEND OF BEER) (AMENDMENT) RULES, 1991

PREAMBLE

Whereas the draft of the following rules further to amend the Karnataka Excise (Lease of the Eight of Retail Vend of Beer) Rules, 1976 was published as required by sub-section (1) of Section 71 of the Karnataka Excise Act, 1965 (Karnataka Act 21 of 1966), in Notification No. HD 24 PES 90, dated 15th March, 1991 in Part IV, Section 2C(i) of the Karnataka Gazette, Extraordinary, inviting objections and suggestions from all persons likely to be affected thereby on or before 30th day of March, 1991.

And, whereas, the said Gazette was made available to the public on 15th March, 1991.

And, whereas, no objections or suggestions have been received by the State Government.

Now, therefore, in exercise of the powers conferred by Section 71 of the Karnataka Excise Act, 1965 (Karnataka Act, 21 of 1966), the Government of Karnataka hereby makes the following rules, namely.-

Rule - 1. Title and commencement.-

(1)     These rules may be called the Karnataka Excise (Lease of the Right of Retail Vend of Beer) (Amendment) Rules, 1991.

(2)     They shall come into force at once.

Rule - 2. Amendment of Rule 4.-

In Rule 4 of the Karnataka Excise (Lease of the Right of Retail Vend of Beer) Rules, 1976 (hereinafter referred to as the said rules), for the words "and if he is satisfied" the words, figure and letter "and having regard to the provisions of Rule 4-A, if he is satisfied", shall be substituted.

Rule - 3. Insertion of new Rule 4-A.-

After Rule 4 of the said rules, following rule shall be inserted, namely.-

"4-A. Matters to be taken into account while granting lease.-

The Deputy Commissioner, shall, while granting lease under these rules, have regard to,-

(i)      the availability of rooms for serving Beer along with eatables for consumption;

(ii)     adequate seating arrangements;

(iii)    the provision for separate toilet with running water facilities.

Rule - 4. Insertion of new Rule 7-A.-

After Rule 7 of the said rules the following rule shall be inserted, namely.-

"7-A. Number of licences to be fixed.-

(1)     The maximum number of licences to be granted in an area shall be determine from time to time by the Excise Commissioner with the previous approval of the State Government.

(2)     The number of retail vend of Beer licences to be granted in a taluk shall be determined with reference to the population of such taluk and probable demand.

(3)     The number of retail vend of Beer licences to be granted in a taluk shall be as follows.-

(a)     One retail vend of Beer licence for every 20,000 population in urban area or a fraction thereof exceeding 10,000 and one retail vend of beer licence for every 30,000 rural population or a fraction thereof exceeding 15,000.

(4)     Notwithstanding anything in sub-rule (3) the Excise Commissioner may, with the previous approval of the State Government grant for any area such number of licences not exceeding one half of the total number of licences granted for such area under sub-rule (3) on the basis of increase in consumption of Beer and demand for such licences.

Explanation.- For the purpose of this rule.-

(i)      "Population" means the population as ascertained at the last preceding Census and includes the projected annual growth subsequent to the last preceding Census;

(ii)     "Urban area" means the areas included within the limits of a city declared under the Karnataka Municipal Corporations Act, 1976 or a City Municipality or a Town Municipality declared under the Karnataka Municipalities Act, 1963.

Rule - 5. Amendment of Form No. II.-

In Form No. II of the said rules, in Part B, after condition (5), the following condition shall be inserted, namely.-

"5-A. The licensee shall ensure that the bulk Beer supplied to the licenced premises shall be in hygienic condition and sold fresh."