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10- Selection of
licensee-
(a) (i) License of
shop may be renewable online under the terms and conditions specified by the
State Government.
(ii) In case of
non-renewal, licensees shall be selected shop wise through the process of
e-lottery or e-tender, as specified by the State Government, through inviting
online applications. District Excise Officer shall scrutinize the
applications received online and prepare list of all eligible and ineligible
applications, describing the reasons of ineligibility and shall put up this
list before the District Level Committee of Licensing constituted for e-lottery
and e-tender.
Provided that if a
licensee dies after depositing the amount for renewal of shop for the next
year and no application is made by any of his legal heirs or nominees for
operation of license or no heir/nominee is found suitable for this purpose,
then the amount deposited for renewal (except processing fee) will be
returned to the legal heir.
(b) The said
committee shall identify eligible and ineligible applicants. In case of
lottery the licensee shall be selected for each shop from amongst the
eligible applicants through the computer driven randomized arrangement.
Randomization process shall be adopted in the order of country liquor, model
shops, foreign liquor and beer shops as per prescribed hierarchy under
respective rule. In case of selection of licensee through e-tender the same
aforesaid sequence shall be adopted. Not more than two shops including all
categories of country liquor, model shop, foreign liquor and beer shall be
allotted in favour of an applicant in the entire State.
Provided that
aforesaid restriction limit shall not be applicable to matter related to
renewal of licensesand mutation of licence in favor of legal heir/family
member/close relative of deceased licensee/licensees in the event of death of
licencee/licencees asper the procedure mentioned in rule-8(a).
Provided further
that in case of renewal of two or more shops in favour of any applicant in
the entire state, he will be ineligible for selection of further shops
through e- lottery.
(c ) In case the
selected applicants does not deposit the required basic licence fee or
security amount and does not fulfill the prescribed formalities or is unable
to arrange suitable premises for the shop within the stipulated period, the
Licensing Authority shall cancel the allotment and take steps for
resettlement of the shop through the process as prescribed by the Government.
(d) In case there
is no application for a particular shop or no candidate is found suitable for
a shop, the Licensing Authority shall take immediate steps for resettlement
of the shop through the process as prescribed by the State Government.
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10- Selection of
licensee-
(a) (i) The
licensee for a shop shall be selected from amongst the three processes of
ELottery, E- Renewal and E-Tender which ever is/are prescribed by the State
Government for that particular year.
(ii) In case
E-renewal is not prescribed by the State Government for a particular year,
the shop wise selection of licensee shall be made through the process
prescribed by the State Government through E-lottery or/and E-tender by
inviting online applications. If E-renewal is prescribed by the State
Government but renewal is not requested by the licensee or licensee has been
found ineligible for renewal, then in such case also the aforementioned
process of E-lottery or/and E-tender will be adopted. District Excise Officer
shall scrutinize the applications received online and prepare a list of all
admissible and in admissible applications, describing the reasons of in
admissibility and shall put up this list before the District Level Committee
of Licensing as mentioned in rule-9 of these rules for e-lottery and
e-tender.
(iii) If the shop
has been renewed and if the licensee dies after depositing the renewal fee
and none of his legal heirs or nominees apply for the operation of the said
license or if the legal heir/nominee are not found eligible for the purpose,
the amount deposited for renewal except processing fee, shall be refunded in
favor of the legal heir.
(b) In case of
e-lottery the shop wise licensee shall be selected from amongst the eligible
applicants through computer based randomization process in sequenceof country
liquor shops, model shops, composite shops and bhang shops categories as per
the heirarchy in each category as has been defined in rule2(1)(m).
(c) In case the
selection of licensee is done through E-Tender, the process of inviting
tender/offer shall be prescribed by the State Government.
(d) Not more than
two shops including all categories of country liquor shops, model shops,
composite shops and bhang shops shall be alloted to any person in the entire
State.
Provided that in
case of renewal aforesaid restriction shall not apply inmattersof renewal/
mutation in favour of legal heir/family member/close relative.
Provided further
that in case two or more shops are renewed or already settled in the State in
favour of an applicant, he/she shall not be eligible for further allotment of
shops through E-Lottery/E-Tender.
(e) It shall be
mandatory for the person selected as licensee through E-Lottery or ERenewal
or E-Tender to deposit basic license fee and security in the time schedule
and in the manner prescribed by the State Government and, complete all other
prescribed formalities and make arrangement for appropriate shop premises
within the prescribed time period . In case the person selected as licensee
does not comply with the above, the Licensing Authority shall cancel the
allotment/license and shall take necessary steps for the resettlement of the
shop as prescribed by the State Government .
(f) In case there
is no application for a particular shop in E-Lottery or E-renewal or E-tender
process as the case may be, or no candidate is found suitable for the shop,
the Licensing Authority shall take immediate steps for resettlement of the
shop through the process as prescribed by the State Government.
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