(1) Every license, permit or pass granted under this Act shall be granted –
(a) on payment of such fee, if any,
(b) subject to the such restrictions and on such conditions,
(c) in such form and containing such particulars,
(d) for such period, as the Excise Commissioner may direct.
Security (2) Any Authority granting a license under this Act may require the licensee to give such security for the observance of the terms of his license, or to make such deposit in leiu of security as such authority may think fit.
Grant of licenses for sale 35 (1) Subject to the rules made by the Excise Commissioner under the powers conferred by this Act, the Collector may grant licenses for the sale of 28 any intoxicant within his district.
Ascertainment of public opinion.
(2) Before any license is granted in any year for the retail sale of liquor for consumption on any premises which have not been so licensed in the preceding year, the Collector shall take such measures, in accordance with rules to be made by the Lieutenant Governor of Delhi in this Behalf, as may best enable him to ascertain local public opinion in regard to the licensing of such premises.
(3) Omitted.
Power to cancel or suspend licenses etc.
36. Subject to such restrictions as the Lieutenant Governor of Delhi may prescribe, the Authority granting any license, permit or pass under this Act may cancel or suspend it-
(a) if it is transferred or sublet by the holder thereof without the permission of the said authority or
(b) if any duty or fee payable by the holder thereof be not duly paid; or
(c) in the event of any breach by the holder of such license, permit or pass or by his servants, or by any one acting on his behalf with his express or implied permission of any of the term or conditions of such license, permit or pass; or
(d) if the holder thereof is convicted of any offence punishable under this Act or any other law for the time being in force relating to revenue, or for any cognizable and non-bailable offence, or any offence punishable under the Dangerous Drugs Act, 1930 or under the Merchandise Marks Act, 1889 or of any offence punishable under Sections 482 to 489 both inclusive of the 29 Indian Penal Code, 1860.
(e) If the holder thereof is punished for any offence referred to in clause (8) of Section 167 of the Sea Customs Act 1878.
(f) Where a license, permit or pass has been granted on the application of the grantee of a lease under this Act, on the requisition in writing of such grantee; or
(g) At will, if conditions of the license or permit provide for such cancellation or suspension.
Power to cancel any other license
37. When a license, permit or pass held by any person is cancelled under clause (a), (b), (c), (d), or (e) of Section 36, the authority aforesaid may cancel any other license, permit or pass granted to such person by or by the authority of the Lieutenant Governor of Delhi within the same district under this Act or under any other law for the time being in force relating to excise revenue or under the Opium Act, 1878 and the Excise Commissioner, may cancel any such license permit or pass granted to such person in any district to which this Act applies.
Power to recover fee. 38. In the case of cancellation or suspension of license under clause (a), (b), (c), (d), or (e) of Section 36 the fee payable for the balance of the period for which any license would have been current but for such cancellation or suspension, may be recovered from the ex-licensee as excise revenue.
Power or Collector to take grants under management or to resell.
39. If any holder of a license granted under this Act, or any person to whom a lease has been granted under Section 27, makes default in complying with any condition imposed upon him by such license or lease, the collector may take the grant under management at the risk of the person who has so 30 defaulted or may resell it any recover in the manner laid down in Section 60 of this Act any deficiency in price and all expenses of such resale.
No compensation or refund claimable for cancellation or suspension of license, etc;
under this section.
40. When a license, permit or pass is cancelled or suspended under clause (a), (b), (c), (d), or (e) of Section 36 or under section 37, the holder shall not be entitled to any compensation for its cancellation or suspension nor to be refund of any fee paid or deposit made in respect thereof.
Power to withdraw licenses. 41. (1) Whenever the authority which granted a license, permit or pass under this Act considers that such license, permit or pass should be withdrawn for any cause other than those specified in section 36, it may, on remitting a sum equal to the amount of the fees payable in respect thereof for fifteen days, withdraw the license either-
(a) on the expiration of fifteen days notice in writing of its intention to do so, or
(b) forthwith without notice.
Compensation in the case of withdrawal
(2) If any licence, permit or pass be withdrawn under clause (b) of sub-section (1) in addition to the sum remitted as aforesaid, there shall be paid to the licencee such further sum (if any) by way of compensation as the Excise Commissioner may direct.
Refund of fee or deposit (3) When a licence, permit or pass is withdrawn under this section, any fee in advance or deposit made by the licensee in respect thereof shall be refunded to him, after deducting the amount (if any) due to the Government.
31 Technical irregularities in license etc.