(a) the suitability of the applicant for the grant of privilege;
(b) *[Omitted]
(c) whether the application is made bonafide on behalf of the applicant himself or in benami of any other person;
(d) the suitability of the site and the building selected or to be constructed; and
(e) the availability of potable water in the manufactory premises.
*[Explanation:- It is hereby declared that, in judging the suitability of the applicant for the grant of licence, the Commissioner shall have regard to the following factors, namely:-
(a) solvency of the applicant;
(b) whether the applicant has contravened any of the provisions of the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937), or of any rule, notification or order made thereunder or has committed the breach of any of the terms and conditions of any licence or permit granted under the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937), or of any rule made thereunder.
(c) whether the applicant has been convicted of any offence punishable under the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937), or of any cognizable and non-bailable offence or of any offence under the Dangerous Drug Act, 1930 (Central Act II of 1930) or under the Trade and Merchandise Marks Act, 1958 (Central Act 43 of 1958) or under sections 482 to 489 of the Indian Penal Code (Central Act XLV of 1860);
(d) whether the applicant carries on any other business which is likely to prevent him from giving his due attention to the purpose for which the licence is sought for;
* Inserted by G.O.Ms.No.876, P&E (III), dated 28.12.1982 *G.O.Ms.876, P&E(III) dated
28.12.1982. SRO A-10/83 4
(e) whether the applicant was a defaulter in payment of any amount due to the State Government under the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937), or the rules made thereunder or of any taxes or other amounts due to the State Government.
(f) any other matter relevant to the purpose for which the licence is sought for. ] *[6. Conditions for grant of privilege: No privilege shall be granted unless the applicant satisfies the Commissioner that the building, plant and apparatus are situated at a distance of not less than ten kilometers from any distillery.]
7. Grant of privilege and issue of licence: (1) The Commissioner after having regard to the matters specified in rule 5 and the condition set out in rule 6 may, with the prior approval of the Government, grant the privilege of manufacture of Indian-made foreign spirits and approve with or without modification of the plan of the building and the statements or reject any application. Upon the grant of the privilege, the Commissioner shall issue a licence in Form No.2.
(2) Every licence issued by the Commissioner under sub-section (2) of section 17-C of the Act shall be in the name of the applicant and shall be valid for the period ending with the 31st March succeeding or for such shorter period as the Commissioner may decide:
Provided that where the licensee dies, the person succeeding to the possession of the manufactory, may use the licence as if it had been granted to himself:
Provided further that subject to the provision of rule 8-A no licence shall be used after the date of expiry of its validity without renewal.
*[(3) Where the Commissioner refuses to grant the privilege, the fee for the grant of the privilege and licence fee paid shall be refunded to the applicant.]1
(4) If the licence is granted, the licensee shall as soon as the licence is received, furnish a duplicate copy of the plans, statements and descriptions so approved to the Manufactory Officer.
* Substituted by G.O.Ms.No.250, H, P&E (III) dated 28.03.1985 * Substituted by G.O.Ms.No.54, H, P&E (III) dated
30.01.1982 5
8. Renewal of licence.— (a) An application for renewal of the licence granted under rule 7 shall be made atleast thirty days before the date of expiry of the validity thereof:
Provided that the Commissioner may entertain the application for renewal of the licence after the last date specified above, but before the expiry of the licence, if he is satisfied that the licensee had sufficient cause for not filing the application in time.
(b) Every application for renewal shall be made and disposed of as if it were an application for the grant of licence;
(c) The Commissioner may refuse to renew the licence if he is satisfied that the licensee has violated or failed to comply with any of the provisions of the Act and the rules made thereunder or with the terms and conditions of the licence:
Provided that the Commissioner shall not pass any order refusing the renewal of the licence unless the licensee has been given a reasonable opportunity of being heard.
8-A. Licence to be valid for two months if no order on renewal application, is received.—(a) Notwithstanding anything contained in the second proviso to sub-rule (2) of rule 7, if an application for the renewal of a licence made within the time specified in sub-rule (a) of rule 8, is not disposed of by the Commissioner before the date of expiry of the licence, the period of licence shall be deemed to have been further extended, for a period of two months from the date of expiry of such licence or till the date of receipt of the orders passed by the Commissioner on the application for renewal, whichever is shorter.
(b) Where renewal of licence is refused, the proportionate fee shall be refunded deducting the fee for the period of licence deemed to have been extended under sub-rule (a).
9. Payment of additional fee for belated application:- Where an application for renewal of licence has been made after the last date specified in rule 8(a), but before the expiry of the licence and admitted by the Commissioner under the proviso to rule 8(a), the licensee shall pay an additional fee of twenty-five per cent of the licence fee payable under rule 4 (b) and the treasury receipt in proof of the payment of the said additional fee shall be enclosed to the application for renewal.
6
10. Buildings used for manufactory to conform to specifications.— (1) The buildings used for the manufactory or warehouse shall be constructed with brick or stone and the roof provided should be of reinforced cement concrete or Madras Terrace or should be of non-inflammable material.
(2) All the windows, ventilators and skylights in the buildings, other than those in the ware-house and store room shall be fitted with rods spaced not more than 10 centimeters apart, centre to centre. All the windows, ventilators and skylights in the ware-house and store room shall be covered with galvanized wire net or square mesh, not more than ½ centimeter apart.
(3) All the doors which are to be fitted with Excise ticket locks shall be free from tampering of the hinges from outside.
(4) All the doors fitted to the building shall open outwards.
(5) There shall be no thatched building within the manufactory premises or ware-house compound.
(6) All the openings in the external walls intended for the efflux of waste water shall be covered with grills affixed to the wall.
(7) There shall be separate rooms or compartments for storage of spirit for * [purification of spirit by distillation,] for blending or reducing operations and maturing for bottling and sealing of bottles and or storing the bottled spirits and the doors of each room shall provide for locking with excise ticket locks. The compartments shall have their grills embedded in cement. No such room or compartment shall be used for more than one on any such purpose.