(1) Subject to such restrictions, as may be prescribed, the authority who granted licence or permit under this Regulation may, after giving reasonable opportunity of being heard, suspend or cancel the licence or permit, in the following circumstances, namely:
(a) if the licence or permit is transferred or sublet by the holder thereof without the permission of the said authority; or Power to take security and counterpart agreement.
Technical defects in licence and permit.
Power to withdraw licence and permit.
Power to suspend or cancel licence and permit.
8 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— Bar to right of renewal and compensation.
Surrender of licence or permit.
Transfer of licence or permit.
Grant of exclusive privilege of manufacturing, etc., of any liquor.
Removal of liquor from manufactory warehouse, etc., on payment of duty.
(b) if any excise revenue payable by the holder thereof is not duly paid; or
(c) in the event of any breach of the terms and conditions of such licence or permit by the holder or by his employee or agent; or
(d) if the holder of the licence or permit, or the agent or employee of such holder, is convicted of an offence punishable under this Regulation or under any other law for the time being in force, relevant to and connected with excise matters or relating to excise revenue or of any cognizable and non-bailable offence; or
(e) if the purpose for which the licence or permit was granted ceases to exist; or
(f) if the licence or permit has been obtained through misrepresentation or fraud.
(2) When a licence or permit held by such person is cancelled under sub-section (1), the authority referred to therein may cancel any other licence or permit granted to such person under this Regulation or under any other law relating to excise revenue.
(3) In the case of cancellation or suspension of licence or permit under sub-section (1), the fee payable for the balance of the period for which any licence or permit shall have been valid but for such cancellation or suspension, may be recovered from the licensee who held the licence before such cancellation or suspension as excise revenue.
(4) The holder of a licence or permit shall not be entitled to any compensation for the cancellation or suspension thereof nor shall be entitled to refund of any fee paid or deposit made, if any, in respect thereof.
17. No person, to whom a licence or permit has been granted, shall be entitled to claim right of any renewal thereof, and no claim shall lie for damages or otherwise in consequence of any refusal to renew a licence or permit on the expiry of the period for which the same remains in force.
18. No holder of a licence or permit granted under this Regulation shall surrender his licence writing, given by him to the Deputy Commissioner, of his intention to surrender the same on payment of the fee payable for such licence or permit for the whole period for which it shall have been valid but for the surrender:
Provided that if the Deputy Commissioner is satisfied that there are sufficient reasons for surrendering the licence or permit, he may remit to the holder thereof the sum so payable or any portion thereof, on surrender.
19. The licence or permit granted under this Regulation shall not be transferable except with the prior approval of the Excise Commissioner or any officer authorised by him in this behalf, subject to such terms and conditions, as may be prescribed.
20. Subject to the provisions of this Regulation and subject to such terms and conditions, as may be prescribed, the Excise Commissioner may grant to any person, a licence or lease, or both, either jointly or severally, for the exclusive privilege or for manufacture, supplying by wholesale or sale by retail, or both, any liquor within any local area.
21. No liquor shall be removed from any manufactory, warehouse or other place of storage established under this Regulation, unless duty and fee payable have been paid or a bond, as may be prescribed, has been executed for the payment thereof.
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9
22. No person, or licensed vendor, or his employee or agent, shall sell or deliver any liquor to any person under the age of twenty-one years whether for consumption by self or of others.
23. No licensee shall employ or permit to be employed in his premises any person under the age of eighteen years or who is suffering from any contagious disease.
24. The District Magistrate or any other officer authorised by him may, by a notice in writing to the licensee, require that any shop in which any liquor is sold shall be closed at such times or for such period as he may think necessary, for preservation of public peace:
Provided that the closure days in the licensing year shall not exceed seven days in all or more than three days continuously at any given time:
Provided further that if the Excise Commissioner or an officer authorised by him in this behalf is of the opinion that any particular shop or all shops in any particular area shall be closed for a period exceeding seven days in a licensing year, or more than three days continuously at any given time, he may, with the prior sanction of the Administrator, permit to do so.
CHAPTER IV EXCISE REVENUE
25. The excise revenue shall be levied and recovered under the following heads, namely:
(a) duty;
(b) licence fee;
(c) label registration fee; and
(d) import or export fee.