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Subject: Procedure for allotment of liquor vends by
draw of lots.
1.
A prospective allotee shall have to apply in the prescribed application
form available in the offices of Asstt. Excise and Taxation Commissioners
incharge of the districts on payment of Rs.2,000/- which shall neither
be refundable nor adjustable ;
2.
The Asstt. Excise and Taxation Commissioner
shall authenticate the application forms, before issue, with his signature
and official stamp.
3.
Application forms are also available
on the web-site of the department (www.pextax.com)
and could be downloaded. An applicant submitting application down-loaded
through internet shall be required to pay the application fee of Rs.2000/-
at the time of submitting the application in the office of the Asstt.
Excise and Taxation Commissioner, district incharge.
4.
The serial number mentioned on the
receipt issued by the office of Asstt. Excise and Taxation Commissioner
shall be treated as number assigned to that application. In the case
of those application forms downloaded from the internet, Asstt. Excise
and Taxation Commissioner will allot a number to the applicant when
he comes for submission of the application.
5.
The prospective allotee may apply for any number of retail licensing units
provided that he shall have
to apply separately for each vend;
6.
The applicant would be required to attach Demand Draft equivalent to 5%
of the license fee alongwith the application. Applications not accompanied
by this fee shall be rejected. This amount would be treated as security
from the successful applicant but refundable to the un-successful applicant(s). The same would, however, be forfeited in case
the successful applicant does not deposit the other dues or refuses
to accept the license(s) alloted to him.
7.
A successful allotee shall be required to deposit 15% of the license fee
as security, 5% of which shall be deposited alongwith the application,
another 5% on the day of draw of lots and balance 5% within 3 days of
draw of lots or 31st March, 2006 whichever is earlier. The
remaining 85% would be recovered in nine equated monthly installments
payable ,in full, by the last working day of the month ;
8.
There would be direct linkage between the issue of quota and recovery
of license fee till the entire license fee is recovered. The permits
of both PML and IMFL (excluding beer, wine, ready to drink beverages
and IFL) would be issued after the deposit of license fee to be calculated
at a rate Rs.142/- per PL.
9.
The application forms shall be serially numbered, with the serial number
appearing at three places, i.e. the application form, in the slip of
draw of lots, and in the receipt issued to the applicant.
10.
The application form shall be completely filled up, and shall be accompanied
by two recent passport size photographs of the applicant/applicants
and the requisite documents as stipucated in the application form. All
the documents except the affidavit shall be attested by a Gazetted Officer
with his full name, designation, place of posting, stamp and date. The affidavit shall be furnished only by a
successful allotee before operation of the license and the same shall
be attested by a notary public or any authority authorized for such
purposes.
11.
The verification of all the documents furnished by the successful allotee
shall be made by the Excise Inspector of the concerned circle and shall
be countersigned by the Excise and Taxation Officer (Excise) and AETC
incharge of the district before the licence is actually granted.
12.
To ensure that a successful allotee for a licensing unit does not fall
under the purview of clauses (a) and (b) of order 7 of the Punjab Intoxicants
License and Sale Orders, 1956, he shall, before he starts his business,
be required to file an affidavit on a non-judicial stamp paper of the
value of Rs. 15/- to the effect that he has not been convicted of any offence by a criminal court. The successful
allotee shall also file an affidavit before opening of retail licensed
outlets to the effect that he is not a defaulter and has paid all the
arrears under any of the Acts administered by the Excise and Taxation
Department, Punjab. The failure to furnish the requisite affidavit or
furnishing of a false affidavit shall be sufficient ground for cancellation
of license, which shall be re-alloted at his risk and cost to any other
applicant.
13.
Complete record of the applications received from the prospective licensees
for allotment of PML and IMFL retail outlets, separately, shall be maintained
in a register, duly page numbered, and attested by the Asst. Excise
& Taxation Commissioner of
the respective district, in the following manner. a) Serial Number b) Application
Number c) Name
/ category of the retail outlet for which the application has been made. d) The name
of the applicant
14.
The list of the applications received, upto the last date and time fixed
for such receipt, for the allotment of Licensing Units, shall be prepared
Licensing-Unit-wise and shall be displayed at a prominent place in the
office of the respective Asstt. Excise & Taxation Commissioners
incharge of districts.
15.
The applications shall be examined by the Excise Inspectors and the Excise
and Taxation Officers (Excise). The list of valid applications and invalid
applications, category-wise, shall then be prepared and displayed at
a prominent place in the office of the Asstt. Excise & Taxation
Commissioner before the draw of lots.
16.
The allotment of retail outlets of country liquor and IMFL (L-14A &
L-2) shall be made out of those applications which are complete in all
respects. In case the number
of applications for a Unit is more than one, the allotment shall be
made by a draw of lots, to be conducted under the supervision of a Committee,
comprising the Asstt. Excise and Taxation Commissioner incharge of the
district (Chairman), the Excise and Taxation Officer(Excise) of the
respective district (Member) and the concerned EI/ETI(Member). The Committee
would make its recommendations to the Collector for the grant of licenses
to the successful applicants of the licensing units. The Collector,
on receipt of such recommendations, will approve the recommendations
within two days and issue the licenses for the licensing unit(s). In
the revenue districts of Ludhiana, Jalandhar and Amritsar, where Excise
Districts are more than one, the Assistant Excise and Taxation Commissioner
of District-I in the above-mentioned revenue districts shall be the
Chairman for the draw of lots pertaining to licensing units falling
within the Corporation limits. For the draw of lots pertaining to other
licensing units the Chairman shall be the Assistant Excise and Taxation
Commissioner of the concerned Excise district. A representative
of the Deputy Commissioner of the district shall be present as Observer
at the venue fixed for draw of lots.
17.
The Excise Commissioner may authorize any other officer of the Excise
and Taxation Department to be the Chairman of the Committee for the
draw of lots in any district in place of Assistant Excise and Taxation
Commissioner, Incharge of that District.
18.
If any successful applicant fails to deposit the amount of security in
time, or refuses to accept the license, his allotment shall be deemed
to have been cancelled automatically, and the security deposited if
any, shall be forfeited and the license may be re-allotted by draw of
lots.
19.
A successful allottee shall be required to pay 15% of the license fee
as security – 5% alongwith the application in the shape of earnest money;
5% on the day of draw of lots and balance 5% within three days of the
draw of lots or by 31st of March whichever is earlier. After
deducting the amount of 15% security, the licensee is required to pay
the remaining license fee, in nine equated monthly instalments starting
from the month of April. Each monthly instalment is payable by the close
of the last working day of each month. In case of the late payment of
any instalment, an interest @ 1.5% per month to be calculated on daily
basis shall be charged in addition to the amount of penalty. The license
shall be deemed to have been suspended and the vend(s) closed if the
entire license fee of the month is not paid by 15th day of
the next month. The license will be revoked only after the payment of
the balance of instalments, interest and penalty.
20.
At the time of applying of quota for PML or IMFL, excluding beer,wine
and IFL, a licensee shall be required to pay the license fee instalment
@ Rs.142/- per proof litre.
21.
The security paid by the licensee shall be adjusted towards the license
fee payable by him unless the same or any part thereof is forfeited
or adjusted against any amount of fee or penalty due from him in respect
of his license. In the event of the amount of the security or any part
thereof having been forfeited or adjusted, the shortfall be made good
by him within seven days, failing which the license shall be liable
to be cancelled by the competent authority.
22.
No interest shall be payable to the allotee on the security amount deposited
by him.
23.
In the event of cancellation of the license of a retail outlet, the Collector
may re-allot it in accordance with the procedure laid down in the relevant
rules under the Punjab Liquor License Rules, 1956 at the risk and cost
of the licensee whose license has been cancelled.
24.
The allotment of licensing unit(s) and the draw of lots shall be done
in an open and transparent manner in full public view. A transparent jar shall be used for the draw
of lots, so as to ensure that the slips that are put into the jar, are
visible to the public.
25.
The draw of lots shall not be made by any officer/official directly or
indirectly connected with the process of allotment of licensing units.
26.
Persons from the public
shall be randomly called to draw the lots.
27.
In a rural area, all the
applications for a particular licensing Unit shall be put into the Jar.
The applicant whose slip, is first drawn shall have the right for allotment
of that licensing Unit. The
applicant whose slip is drawn thereafter shall be declared as an ‘allotee
in waiting’, who shall have the claim to allotment of the respective
retail outlet, in case the first allotee defaults or is debarred. In
the event, of the ‘allotee in waiting’ also defaulting or getting debarred,
the application for the retail outlet shall be invited afresh, and the
whole process shall be repeated again.
28.
In an urban or any other
area where more than one Unit is to be allotted, all the valid applications
meant for that location shall be put into the Jar. Slips shall be drawn
equal in number to the number of Units one by one. Applicants, whose
slips are selected, shall have the right for allotment of one of the
Units. In addition to this, the slips for the ‘allotee(s) in waiting’
would also be selected in the following ratio :-
29.
The name of the successful applicants and the ‘allotee(s) in waiting’
shall be announced then and there itself.
30.
If the number of applicants are equal to the number of Units available
in a particular place, all such applicants shall be declared as allottees,
subject to the approval of the concerned D.E.T.C.-cum-Collector.
31.
If at the end of the draw of lots, some Units remain un-allotted, the
un-successful applicants pertaining to a particular revenue district
shall be allowed to participate for allotment of such Units. For this
purpose, option of such un-successful applicants would be taken on the
spot and the un-allotted Units shall be allotted by following the procedure as detailed above. For this purpose, the ‘allotee(s) in waiting’
shall also be treated as un-successful applicants.
32.
The allotment by draw of lots shall be made on the day/days fixed for
this purpose.
33.
The licensee shall make his own arrangements for opening of the retail
outlet, for which the department undertakes no responsibility.
34.
No license shall be granted in villages, in respect of which a Panchayat resolution has been passed regarding
closure of a liquor vend and which has been accepted by the Excise &
Taxation Commissioner, Punjab.
35.
In case, at the end of the allotment proceedings, any licensing unit remains
unallotted, the names and locations of such licensing units and the
corresponding retail outlets, their annual license fee and annual quota
shall be displayed prominently in the office of the AETC incharge of
the district.
36.
A report of such licensing units shall be made separately to the Excise
& Taxation Commissioner on the next day.
Applications for such retail outlets shall then be invited again
at the time and date to be notified and the procedure detailed heretofore
shall be followed afresh.
37.
Every successful allotee shall be required to furnish two sets of surety
bond in form M-75 before the commencement of business.
38.
No sub-vends shall be allowed.
39.
The application forms shall be supplied by the office of the Excise and
Taxation Commissioner, Punjab to the districts. The districts shall maintain a complete account of the application
forms received, issued, balance in stock and the total application fee
of Rs. Two Thousand per application form received.
40.
The distilleries shall be required to make arrangement for opening and
operating outlets of country liquor (L-13) in every district headquarter
of the State to maintain regular and ready supply of PML to the retail
vends (L‑14A).
41.
The supplies to the retail outlets of PML (L-14A) shall be made from the wholesale outlets of
PML (L-13) located in the district, on
the basis of permits/passes issued by the respective Asstt. Excise
and Taxation Commissioners incharge of the district.
42.
The stock of PML brought to the wholesale vend shall be duty paid.
43.
The wholesale outlets of PML (L-13) shall maintain adequate stock of P.M.L.
44.
The annual license fee for the wholesale outlets of PML (L-13) shall be
Rs. Ten Thousand per district. For this purpose the revenue district
shall be treated as the unit comprising of one or more Excise districts.
45.
The distilleries shall be required to deposit a security amount of Rs.10,000/-
per L-13 outlet per district, in the form of bank draft in the name
of Excise and Taxation Commissioner, Punjab, for the performance of
contract of supply of liquor to L-14A licensees.
46.
The licenses for the wholesale outlet of the PML (L-13) shall be granted
by the Excise & Taxation Commissioner, Punjab.
47.
The distilleries shall be bound to abide by the rules and provisions laid
down in the Punjab Excise Act, 1914 and rules framed there under.
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