Excise Department, Purulia

 

Selection of New Site for Granting License

Rule 9:- Procedure for selection of new site for grant of licenses.

(1) If the Collector is of the opinion, having regard to the general trend of consumption of liquor and other intoxicants as specified in sub-rule (1) of rule 2, in a local area or its adjoining area, that is necessary to grant licenses of any category referred to in clauses (a) and (c) to (m) of rule 4 at certain new site within the local area in order to meet the demand of such area or adjoining area, he shall, for the purpose of selection of new sites the State Government under section 30, prepare a preliminary list of such local areas within which in his opinion, licenses of any category should be granted:

               Provided that in preparing a preliminary list, the Collector shall not include therein the sites for the grant of the licenses of the categories specified in clause (f) to (m) of rule 4 unless a person company, or firm, the owner of a hotel, restaurant, club, sites, theatre or other places of public resort and entertainment who is eligible under the provisions of these rules, or any person duly authorized by his, makes a application in Form I or Form II (appended to these rules) as the case may be, with the requisite court-fee.

(2) In arriving at an opinion referred to in sub-rule (1), the Collector may hold such enquiry as he deems fit, subject to any direction in this regard which may be issued by the State Government or the Excise Commissioner from time to time.

(3) The Collector shall forthwith send the list referred to in sub-rule (1) along with his opinion to the Excise Commissioner.

(4) The Excise Commissioner shall thereafter forwarded to the State Government the list, the records and the documents sent to him under sub-rule (3), as the case may be, along with his own opinion to the State Government.

(5) The State Government shall finally consider the preliminary list and the documents with the opinions forwarded to in under sub-rule (4), and if it is so satisfied that it is necessary to grant licenses in the local area in order to meet the demand for liquor or any other intoxicants, it may select local area and number for categories of licenses referred in clauses (a) and (c) to (m) of rule 4 and sites for categories of licenses referred in clauses (f) to (m) of rule 4 for grant of licenses and communicate the same to the Excise Commissioner:

                    Provided that before selecting any local area for grant of licenses of the categories referred to in rule 4, the State Government may, if it considers it necessary, obtain the view of the Commissioner of the Division under whose jurisdiction the local area falls.

 

(6) Subject to the restriction as mentioned in rule 8, the provisions of rule 9 shall not apply to the category of licenses as mentioned in clause (c) of rule 4.
                    Provided that the Collector may send the proposal to the Excise Commissioner for relaxation of restrictions mentioned in rule 8 and the Excise Commissioner may send the proposal with his opinion to the State Government for decision. If the State Government is satisfied with the proposal and opinion of the Excise Commissioner, it may relax the restrictions mentioned in rule 8.
Note.- Rule 9 shall not apply to canteen licenses mentioned in clause (l) and (m) of rule 4.

 

 

(Source: Superintendent of Excise, Purulia)