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The Chhattisgarh Excise Settlement of Licences for Retail Sale of Country/Foreign Liquor Rules, 2002

Published vide Notification No. F-10-24/2002/CT (EX)/5/(28) dated the 15th March, 2002, C.G. Rajpatra (Ashadharan), at pages 118 (19-33)

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(1) "Act" means the Chhattisgarh Excise Act, 1915 (No. 2 of 1915), as amended from time to time.

(2) "Excise year" means the financial year commencing from 1st April to 31st March of the calendar year.

(3) "Form" means the form appended to these rules,

(4) "Licensing Authority" means the Collector of the district.

(5) "Licence fee" means a sum fixed in consideration of the grant of the licence for exclusive privilege for selling of country/foreign liquor in a retail shop under sub clause (h) of clause (ii) of sub-section (2) of Section 62 of the Act as fixed by the Excise Commissioner in consultation with the State Government from time to time for the whole excise year or part thereof.

(6) "Minimum month wise guaranteed quantity" means the quantity of country/foreign liquor (spirit and malt) as fixed by the licensing authority in accordance with the general or specific instructions issued by the Excise Commissioner and guaranteed by the licensee to be lifted by him for his retail sale shop/group of shops in a month of an excise year for the purpose of retail sale which shall be fixed for any country/foreign liquor shops/group of shops.

[(7) "Security amount" means a sum equal to 1/12th part of the amount of the fixed minimum guaranteed quantity in ratio to the sum fixed in consideration of the grant of license for sale of country/foreign liquor in a retail shop to be issued from time to time by Excise Commissioner in consultation with State Government for the whole excise year or part thereof, which is to be deposited in Government Treasury/Sub-Treasury in cash or bank draft of nationalished banks or banker's cheque or banker's cash order as interest free security refundable after the final settlement of the claims and dues to the State Government.]

(8) "Annual quantity" means the sum total of the month-wise guaranteed quantity of an excise year.

[(a-1) In accordance to the general license condition 2(1) made under Chhattisgarh Excise Act, 1915 the licensee shall deposit the monthly license fee of country / foreign liquor shop/group of shops on or before the first working day of the month in the treasury/sub-treasury of the concerned district, though he is entitled to deposit the monthly instalment on the seventh working day of that month.]

(b) [License shall be granted for retail sale of country and foreign liquor on Annexure 1 and 2 with these amended rules in the form CS2D and FL1D respectively.]

[(b) A list of retail shop/shops of country/foreign liquor group for which the licensing authority purposes to grant the license shall be exhibited alongwith the annual fixed minimum guaranteed quantity, annual duty amount, annual license fees, annual value, security money any a month's advance license fees and the application fees prescribed for the group in the office of Collector/Assistant Commissioner, Excise/District Excise Officer/ S.D.M./Tahsildar/Municipal Corporation/Municipal Council.

(d) The last date to be fixed for the receipt of application shall not be earlier than five days with effect from the date of publication of the advertisement in the newspaper.]

(a) Should be a citizen of India or a partnership firm whose partners are citizen of India. No change in partnership shall be allowed after settlement of shop (s)/group of shops except with the permission of the Excise Commissioner.

(b) Should be above 21 years of age.

[(c) Should not be a defaulter/black listed or debarred from holding an excise license under the provision of Rule 13 of these rules or under the provision of any rule made under the Act.]

(d) Has to submit an affidavit duly verified by public notary as proof of the following, namely:-

(1) That he possesses or has an arrangement for taking on rent suitable premises in that locality for opening the shops in accordance with the rules.

(2) That he possesses good moral character and have no criminal background and have not been convicted of any offence punishable under the Act or Narcotic Drugs and Psychotropic Substances Act, 1985 or any other law for the time being in force or any other cognizable and non-bailable offence.

(3) That in case he is selected as licensee he will furnish a certificate, issued by Superintendent of Police of the district of which he is the resident, showing that he as well as his family members possess good moral character and have no criminal background or criminal record, within thirty days of grant of licence.

(4) That he shall not employ any salesman or representative who has criminal background as mentioned in clause (iii) or who suffer from any infectious or contagious disease or is below 21 years of age or a woman.

(5) That no government dues are outstanding against him.

(i)	The Collector of the District	Chairman
(ii)	The District Excise Officer/Asstt. Commissioner of the District.	Member Secretary

(b) The said committee shall select licensees from the list of applicants. In case more than one applicants are found suitable for any particular group of shops the committee shall select the licensee for such group of shops by lottery (c) In case the selected applicant does not deposit the required amount according to Rule 13 and does not fulfil the prescribed formalities or is unable to arrange suitable premises for the shops within stipulated period, the licensing authority shall cancel the allotment and take steps for resettlement of the shops/group of shops.

(c) In case there is no application for a particular group of shops or no applicant is found suitable for a group of shops, the licensing authority shall take immediate steps for resettlement as per procedure laid down in Rule 8.

(d) Licensing authority shall have the right to reject application received for a group of shops without assigning any reason.

(e) The person in whose favour licence is granted shall be bound by the terms and conditions of licence issued under Rule 3 (b).

(b) The supplier/Chhattisgarh State Beverages Corporation Ltd. with whom the indent has been placed shall record the date and time of receipt of indent and shall ensure supply of the desired quantity of liquor as soon as possible.

[(c) The duty rate of country/foreign liquor for the year 2003-2004 shall be as shown in the table below :

(a) If any bottle of liquor is found in the licensed premises on which duly has not been paid and which does not carry security hologram duly approved by the Excise Commissioner as proof of payment of duty.

(b) If any other kind of liquor or intoxicating drug (for which licence is not granted) is found in the licensed premises.

(c) If the affidavit submitted by the licensee at the time of application is found incorrect and assertions made therein are found to be false.

(d) If the licensee is convicted of any offence punishable under the Act or any cognizable and non bailable offence or any offence punishable under Sections 482 to 489 of the Indian Penal Code.

(e) If any bottle is sold below the minimum rate as fixed by the State Government under Rule 17.

[(f) (i) If the licensee of country/foreign liquor retail shop/group of shops fails to deposit the whole amount of the fixed minimum guaranteed quantity by 25th day of the month in the treasury/sub-treasury of the concerning district and submit the original challan in the district office of the concerning district he shall be liable for penalty at the rate of Rs. 48/- per P.L. of country liquor, Rs. 71.50 per PL. of spirit and Rs. 10/-per bottle of malt on the amount of minimum guaranteed quantity less deposited.

(ii) If the licensee fails to deposit the whole amount of monthwise fixed minimum guaranteed quantity and also fails to replenish the shortfall in security amount within the period prescribed consequent of the imposition of penalty.]

[C.S.2D]

[Rule 3 (b)]

Licence for the retail sale of country liquor in sealed bottles for consumption on the premises

Licence No...........Year........Locality..............District...........

General and Special Conditions

Licensing Authority

F.L.-1-D

[Rule 3(b)]

Licence for the retail sale of country liquor in sealed bottles from foreign liquor shop

General and Special Conditions

(b) The indent for the entire minimum guaranteed Quantity of foreign liquor fixed for the month alongwith cost of liquor including all duties, taxes and cess must be submitted to the Chhattisgarh State Beverages Corporation Ltd. by 25th day of the month.

(c) In case the retail licensee of the foreign liquor shop/group fails to submit the original challan after depositing the whole amount of the fixed minimum guaranteed quantity of the foreign liquor shop/group by the 25th day of the month, the Asstt. Excise Commissioner/District Excise Officer shall immediately report the matter to the licensing authority who shall in accordance to the sub-clause (one) of clause (f) of sub-rule (1) of Rule 23 of the "Chhattisgarh Excise Settlement of License for Retail Sale of Country/Foreign Liquor Rules, 2002" take action to impose penalty on the amount of guaranteed quantity less paid than the fixed monthly amount of the fixed guaranteed minimum quantity. Adjusting the amount equal to the imposed penalty in the balance amount of security against the security amount deposited by the licensee shall issue a notice to the licensee to replenish the shortfall in security amount within a week and also show cause as to why the license/licenses of the concerned shop/group should not be cancelled. If the licensee fails to deposit the amount of deficit in security amount and does not furnish suitable explanation within the stipulated period the license/licenses of his shop/group shall stand cancelled and the licensing authority shall take immediate step to resettle the licensed shop/group.

Licensing Authority
Serial No.................
District Code No....
Group No................

Signature and office seal of the Officer/
staff issuing application.

Serial No.........

Application

Application for the grant of license for retail sale of Country Liquor/Foreign Liquor group

Details of the shop/Group of shops

(A) Country Liquor Quantity (P.L.).............. Duty amount Rs...........

(B) Foreign Liquor Quantity (P.L.).............. Duty amount Rs...........

(C) Foreign Liquor (Malt) Quantity (B.L.)........ Duty amount Rs..........

Details of the Applicant

(In case of co-applicant photograph of co-applicant and details at serial No. 1 to 5 be also given)

1. Bank Draft/Pay Order of application fee

2. Affidavit duly verified by public Notary

Signature(s) / Thumb impression(s)
of the applicant(s) and Date

(Acknowledgment of Application)