Rajasthan Foreign Liquor (Grant
Of Wholesale Trade And Retail Off Licences) Rules, 1982
[20 February 1982]
Published
vide Rajasthan Government Gazette Part 4-C (Extraordinary), dated 20.2.1982,
pages 433-440
G.S.R.
116. - In exercise of the powers conferred by section 41 of the Rajasthan
Excise Act, 1950 (Rajasthan Act 2 of 1950). The State Government hereby makes
the following rules and orders with reference to the proviso to sub-section (3)
of the said section, that previous publication of these rules is dispensed
with, as the State Government considers that they should be brought into force
at once, namely:-
Rule - 1. Short title & Commencement :-
(1)
These
rules may be called the Rajasthan Foreign Liquor (Grant of wholesale Trade and
Retail Off Licences) Rules, 1982.
(2)
They
shall come into force on their publication in the Official Gazette.
Rule - 2. Definition :-
In
these rules unless the subject or context otherwise requires the words and
expression used shall, have the same meaning as defined in the Rajasthan Excise
Act, 1950 (Rajasthan Act 2 of 1950) & Rajasthan Excise Rules, 1956.
Rule - 3. Eligibility and procedure for grant of wholesale trade & Retail off licences for sale of foreign liquor :-
Licence
for a wholesale vend of foreign liquor under rule 47(1) or a retail licence for
sale of foreign liquor consumption off the premises under rule 49 read with
rule 48 of the Rajasthan Excise Rules, 1956 shall be granted by auction as per
procedure prescribed under rule 4 of these rules.
[Or
on commission basis or by negotiation with the existing licences or by any
other system sanctioned by the Government from time to time.]
[Provided that a person granted licence for wholesale trade of foreign
liquor under these rules shall pay a composite brand fee of Rs. 25,000/- upto
10 brands and Rs. 50,000/- where the number of brands exceeds 10]:
[Provided further that the brand fee payable in respect of beer shall
be Rs. 2,500/- upto 10 brands and Rs. 5,000/- where the number of brands
exceeds 10]:
[Provided further that a person holding or having an Interest in a
licence for the manufacture, sale or supply of country liquor or of any
excisable article shall not be debarred from having a licence under these
rules.]
Rule - 3A. Grant of Licence for exclusive privilege :-
(1)
Licences
for the wholesale and retail sale of foreign liquor for exclusive privilege of
selling of foreign liquor within any local area under section 24 of the
Rajasthan Excise Act, 1950 (Rajasthan Act 2 of 1950), may be granted either on
condition of payment of such lump-sum instead of, or in addition to excise duty
as may be determined by the Excise Commissioner and subject to such other terms
and condition as may be laid down by him:
[Provided that nothing in these rules shall prevent granting of licence
for beer under more than one system to different agencies or persons in the
same area.]
(2)
Licence
for exclusive privilege of selling foreign liquor by wholesale or by retail off
at a shop may be granted either by negotiation with the existing licensees, or
by auction in accordance with the procedure prescribed in rule 4 of these rules
or on commission basis or any other system sanctioned by the Government from
time to time:]
[Provided that in tribal sub-plan area as notified in the official
Gazette from time to time, the licences for the retail sale of foreign liquor
for consumption off the premises may be granted by the Excise Commissioner on
condition of payment of initial fee as mentioned below:-
|
1. |
Where
population is upto 10,000 (According to 1981 Census) |
Rs. 10,000/- |
|
2. |
Where
population is more than 10,000 but less than 50,000 (According to 1981
Census) |
Rs. 20,000/- |
|
3. |
Where
population is more than 50,000 but less than 1 lac (According to 1981 Census) |
Rs. 35,000/-]: |
[Provided further that the licence for Retail sale of
IMFL & Beer in rural areas through country liquor shop may be granted on
payment of annual initial fee of Rs. 15,000/- per shop.]
Rule - 4. Procedure for auction :-
(1)
(a) The District Excise
Officer or any other officer authorised by the Excise Commissioner shall be
presiding officer for auctions.
(b)
Subject to such terms and conditions as may be laid down by the Excise
Commissioner, the presiding officer shall call bids to be offered regarding the
fee to be paid for the licence concerned.
(c)
The presiding officer shall not be bound to accept the highest or any bid and
no reasons will be required to be given for not accepting higher bid or any
bid.
(d)
Every bidder will be liable to be held to his bid whether it be the highest or
not.
(e)
The presiding officer shall, in accepting or rejecting the bids, exercise his
discretion in such manner as to exclude bids which are the result of
speculation or unhealthy rivalry or disproportionate with reference to the
market value of the licence or which are likely to lead to undesirable monopoly
or to malpractices. He shall have also discretion to reject bid by persons of
doubtful solvency or with doubtful moral antecedents.
(f)
Where the highest bid is not accepted, the presiding officer shall record his
reasons in writing.
(g)
If the amount offered by highest suitable bidder is not adequate the grant of
the licence may be with held for re-auction at a subsequent date, or for grant
on commission.
(h)
After the bid has been accepted by the presiding officer, no subsequent bid at
that auction shall be considered.
(i)
The acceptance of the bid or any other alternative system by the presiding
officer shall subject to confirmation by the Excise Commissioner.
(2)
(a) As soon as the auction
has been held its result shall be reported by the presiding officer to the
Excise Commissioner for sanction.
(b)
The Excise Commissioner may either sanction the auction or pass such other
orders as he may think fit regarding the disposal of all or any of the
licences.
(3)
Without prejudice to the
provisions of sub-rule (1) of rule 4 of these rules, the following restrictions
shall apply regarding persons who can after bid at auctions:-
(i)
Former licensees who are in
arrears to the Government as regards payment of Excise Revenue or who have been
guilty of serious breaches of the Rajasthan Excise Act, 1950; the Opium Act,
1873, any law repealed by either of these two Acts, any rule made under either
of these two acts or under such repealed laws, or any conditions of any licence
in respect of any excisable articles or opium, shall not be entitled to bid
without the consent of the presiding officer.
(ii)
An agent shall not be
allowed to bid unless he holds a due authority or unless the principal is
present and authorises the agent to bid on his behalf.
(iii)
Without the express sanction
of the district Excise Officer, no person shall bid for a licence or exercise a
privilege who holds and who is the agent or servant of any person holding a
similar licence in an adjoining area in any other State in India.
(iv)
No person below the age of
eighteen years shall be entitled to bid at auction.
(4)
A copy of the notice issued
for auction shall be made available before the commencement of the auction for
the inspection of the intending bidders.
(5)
Even district Excise Officer
shall keep a register of licences auctioned by him.
(6)
(a) The Excise Commissioner
may at his discretion direct the adoption in a particular types of cases of a
method other than auction for the grant of a licence.
(b)
In particular when a licence is cancelled under section 34 of the Rajasthan
Excise Act 1950 (Rajasthan Act 2 of 1950) a fresh licence may with the previous
approval of the Excise Commissioner, be granted by re-auction or on commission
basis.
(7)
The Excise Commissioner may
delegate all or any of his powers under these rules to subordinate officer.
Rule - 4A. Licence for group of shop :-
Nothing in these
rules shall prevent group of shops being put to auction for granting licences.
Rule - 5. Cancellation of Sanction for default by licensee :-
(1)
Where a person in whose
favour a wholesale trade licence or a licence for retail sale of foreign liquor
off the premises has been sanctioned under these rules does not deposit the fee
prescribed by rule 69(1) of the Rajasthan Excise Rules, 1956 within 15 days of
the date of receipt of the sanction the Excise Commissioner may cancel the
sanction issued in his favour for grant of the licence and forfeit the amount
deposited by him.
(2)
Where a person in whose
favour a licence has been sanctioned does not start the shop within 15 days of
the receipt of licence, the Excise Commissioner may cancel the licence and
forfeit the amount of auction money and also the amount of fee deposited under
rule 69(1) of the Rajasthan Excise Rules, 1956:
Provided that before
taking any action under sub-rule (1) and (2) above the Excise Commissioner
shall give a reasonable opportunity of being heard.
(3)
Where it is brought to the
notice of the Excise Commissioner that:-
(a)
the licensee suffers from
any of the disqualifications as mentioned in sub-rule (3) of rule 4 of these
rules, or
(b)
the sanction for grant of
licence has been obtained by the licensee by fraud and questionable methods, he
shall after giving a reasonable opportunity of being heard to the licensee,
cancel the sanction issued for grant of licence and forfeit the entire amount
deposited by him.
Rule - 6. Exemptions :-
(1)
The provisions of these
rules shall not apply to the Canteen Stores Department (India) or the
Commanding Officers of the Armed Forces of the Union of India or the Border
Security force Personnel stationed in Rajasthan who are holding requisite
licence under the provisions of Rajasthan Excise Rules, 1956.
(2)
[x x x]
Rule - 7. Fees for the renewal of licences :-
(1)
A licence granted or deemed
to have been granted under these rules shall expire on the [31st day of
March-unless it is further renewed by the licensing authority for a part of the
year].
(2)
A person seeking renewal of
the licence shall apply in accordance with rule 72-A of the Rajasthan Excise
Rules, 1956 and such application shall be accompanied by a treasury receipt
showing the payment of:-
(a)
renewal fees at the rates
prescribed by the State Government from time to time.
(b)
the usual licence fees
payable under rule 69(1) of the Rajasthan Excise Rules, 1956.
[Provided that where
the licensing authority has renewed the license for a part of the year, the
licensee shall pay the prescribed proportionate fee for such part of the year
and the excess amount. If any, deposited by him while applying for license for
the whole of the year shall be refunded to him.]
[Provided further
that no person to whom a licence has been granted under these rules shall have
any claim to the renewal of such licence, or to any claim for compensation on
the determination or non renewal thereof.]
Rule - 8. Rules to have overriding effect :-
In case there is any
conflict between the provisions of these rules and the Rajasthan Excise Rules,
1956 the former shall prevail.
Rule - 9. Repeal & savings :-
The Rajasthan Foreign
Liquor (Grant of Wholesale Trade and Retail off Licences) Rules, 1972 are
hereby repealed:
Provided that any
action taken and any licence granted under the rules so repealed shall be
deemed to have been taken and granted under the provisions of these rules.