(1)
These Rules may be called
the Karnataka Excise (Lease of the Right of Retail Vend of Beer) Rules, 1976. (2)
They shall extend to the
whole of the State of Karnataka. (3)
(3). They shall come into
force from 1st July, 1976. In these rules,
unless the context otherwise requires, (a)
"Act" means the
Karnataka Excise Act, 1965; (b)
"Beer" means any
liquor prepared from malt or grain with or without the addition of sugar and
hops and includes ale, black beer, porter, stout and spruce beer; (c)
"Form" means a
form appended to these rules; (d)
"Licence" means a
licence issued under these rules; (e)
"Year" means year
commencing on the first day of July and ending June 30th; (f)
"Shop" means the
shop licensed for retail vend of Beer under these rules; (g)
"Lease" means a
lease granted under these rules for retail vend of Beer in a shop. A person desiring to
obtain a lease for retail vend of Beer under these rules, may make an
application to the Deputy Commissioner in Form I. The application shall be
accompanied by a Treasury Challan for having credited the lease amount
prescribed in Rule 5. On receipt of the
application under Rule 3, the Deputy Commissioner may after making such enquiry
for purpose of verification of the particulars furnished by the applicant [1][and
having regard to the provisions of Rule 4-A, if he is satisfied] that there is
no objection to lease the right of retail vend of Beer, he may with the
previous sanction of the Excise Commissioner, grant the lease. [2][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.] (1)
[3][The
lease amount for the Right of Retail Vend of Bulk Beer shall be rupees thirty
thousand per annum and lease amount for vending Bulk Beer by holder of Bar
Licence shall be rupees fifteen thousand per annum, and (2)
The lease amount for the
Right of Retail Vend of Bottled Beer shall be rupees four thousand five hundred
per annum.] [4][In
respect of a lease granted under these rules an additional lease amount
equivalent to fifteen per cent as specified under Rule 5 shall be levied for a
period of two years with effect from the First day of July, 1998 for the
purpose of equity investment in the Karnataka Infrastructural Development and
Finance Corporation.] [5][The
lease shall be for a period of three years subject to annual renewal and also
subject to good behaviour and payment of lease amount as specified in Rule 5.] On granting lease
under Rule 4, of the Deputy Commissioner shall issue a licence to the licensee
in Form No. II. The said licence shall be subject to the conditions specified
thereon. (1)
[6][The
maximum number of licences to be granted in an area shall be determined 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.] A licence shall be
valid for the year or where a licence is obtained on any date after the first
July until the 30th June thereafter. A lessee in whose
favour the lease has been granted desiring to renew the lease on expiry of the
lease, may make an application in Form No. I to the Deputy Commissioner at
least one month before the expiry of the lease already granted. The application
shall be accompanied by a Treasury challan for having credited the lease amount
prescribed in Rule 5. On receipt of
application under rule 9, the Deputy Commissioner may grant the renewal of
lease. On grant of lease
under Rule 10 to the lessee, the Deputy Commissioner shall renew the licence
for the period mentioned in the lease. The renewal shall also be in Form No.
II. The lessee before
grant of a licence shall furnish a cash security of Rs. 1,000 or Government
Securities or the Securities recognised by the Government for fulfilment of
licenced conditions [1]
Substituted for the words "and if he is satisfied" by GSR 63, dated
8-4-1991, w.e.f. 8-4-1991. [2] Rule4-AinsertedbyGSR63,dated8-4-1991,w.e.f.8-4-1991. [3] Rule 5
substituted by Notification No. FD 3 PES 99 (i), dated 9-6- 1999, w.e.f.
1-7-1999. [4] Rule 5-A
substituted by Notification No. FD 7 PES 98(v), dated 18-6-1998, w.e.f.
1-7-1998. [5] Rule 6 substituted
by GSR 298, dated 11-10-1980, w.e.f. 11-10- 1980. [6] Rule 7-A
inserted by GSR 63, dated 8-4-1991, w.e.f. 8-4-1991.KARNATAKA
EXCISE (LEASE OF THE RIGHT OF RETAIL VEND OF BEER) RULES, 1976
Whereas a draft of the Karnataka Excise (Lease of the Right 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 1965) in Notification No.
GSR 179 (HD 16 PES 76(II), dated 30th June, 1976 in Part IV, Section 2C(i) of
the Karnataka Gazette, Extraordinary, dated 30th June 1976 inviting objections
and suggestions from all persons likely to be affected thereby before 15th
July, 1976; And, whereas, the Gazette was made available to the public on 30th
June, 1976; And, whereas, no objections or suggestions have been received on
the said draft 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:-