(1) Subject to the rules made by the Financial Commissioner under the powers conferred by this Act, the Collector may grant licenses for the sale of any 1[intoxicant] within his district.
(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 2[State] Government in this behalf, as may best enable him to ascertain local public opinion in regard to the licensing of such premises.
(3) A license for sale in more than one district of ³[Haryana] shall be granted by the Financial Commissioner only.
36. Subject to such restrictions as the 2[State] Government may prescribe, the authority granting any license, permit or pass under this Act may cancel or suspend it-
(a) if it is transfered 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 terms or conditions of such license, permit or pass; or
(d) if the holder thereof is convicted of any offence
1. Substituted for the words “excisable article” by the Government of India (Adaptation of Indian Laws) Order, 1937.
2. Substituted for the word “Provincial” by the Adapation of Laws Order, 1950.
3. Substituted for the word “Punjab” by the Haryana Adaptation of Laws (State and Concurrent Subjects) Order, 1968.
4. Added by Haryana Act 22 of 1996.
1914: Pb. Act 1] EXCISE 329 4 of 1889 44 of 1860 7 of 1878 1 of 1878 punishable under this Act or any other law for the time being in force relating to revenue, or of any cognizable and nonbailable offence or of any offence punishable 1[under the Dangerous Drugs Act, 1930 or], under the 2Merchandise Marks Act, 1889, or of any offence punishable under sections 482 to 489 (both inclusive) of the Indian Penal Code; or
(e) if the holder thereof is punished for any offence referred to in clause (8) of section 167 of the 3Sea Customs Act, 1878; or
(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 the conditions of the license or permit provide for such cancellation or suspension.
37. When a license, permit or pass held by any person is cancelled under clauses (a), (b), (c), (d) or (e) of section 36 the authority aforesaid may cancel any other license, permit or pass granted to such person 4[by, or by the authority of the 5[State] Government], 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 Financial Commissioner may cancel any such license, permit or pass granted to such person in any district to which this Act applies.
38. In the case of cancellation or suspension of a license under clauses (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 to cancel any other license.
Power to recover fee.
1. Inserted by Schedule II of Central Act 2 of 1930.
2. See now the Trade and Merchandise Marks Act, 1958 (Central Act 43 of 1958).
3. See now Customs Act, 1962 (Central Act 52 of 1962)
4. Inserted by the Government of India (Adaptation of Indian Laws) Order, 1937.
5. Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
330 EXCISE [1914: Pb. Act 1 Power of Collector to take grants under management or to resell.
No compensation or refund claimable for cancellation or suspension of license, etc., under this section.
Power to withdraw licenses.
Compensation in the case of withdrawal.
Refund of fee or deposit.
Surrender and disposal of stock.
39. If any holder of a license granted 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 defaulted or may resell it and recover in the manner laid down in section 60 of this Act any deficiency in price and all expenses of such re-sale.
40. When a license, permit or pass is cancelled or suspended under clauses (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 the refund of any fee paid or deposit made in respect thereof.