(1) On receipt of the application for RL.1 and RL.2 licences, the Collector shall verify the particulars furnished in the application and satisfy himself , after due enquiry:-
(i) that the applicant has not been convicted of any cognizable or non- bailable offence or of any offence under the Act or the rules made thereunder or the Spirituous Preparations (Inter-State Trade and Commerce) Centrol Act, 1955 (Central Act 39 of 1955) or the Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (Central Act 16 of 1955) or in the rules made thereunder;
(ii) that the applicant is a resident of the place where the licence is required;
(iii) that the applicant‘s personal circumstances and the local needs justify the grant of the licence;
(iv) that the licence is not likely to be misused;
(v) the application is made bonafide on behalf of the applicant himself and the applicant is not a benami of any person. Upon satisfying the above, the Collector may grant licenses in Form RL.1 or RL.2 as the case may be, duly indicating the quantity of rectified spirit/absolute alcohol that may be allowed under the licence. The maximum annual quantity to be allowed under RL.1 and RL.2 licenses shall not exceed fifty litres;
Provided that in respect of R.L.1 and R.L.2 licenses wherein the quantity of rectified spirit/absolute alcohol to be fixed exceeds fifty litres, the Collector shall grant the licence only after obtaining prior approval of the Government through the Commissioner.
(2) On receipt of application in the case of RL 3 licence, the Commissioner may make such enquires as he deems necessary. In doing so, the Commissioner shall verify whether the applicant has already obtained licence issued under the Tamil Nadu Indian Made Foreign Spirits (Manufacture) Rules, 1981and for the manufacture of wine by the holders of licence under the Tamil Nadu Wine (manufacture) rules, 2006 or licenses issued under the Medicinal and Toilet Preparations (Excise Duties) Rules, 1956 or licence in Form EL 1 issued under the provisions of the Tamil Nadu Spiritual Essences Rules, 1972. Upon satisfying himself of the applicant‘s eligibility the Commissioner shall grant the licence in Form RL.3, after obtaining prior approval of the Government.
(3) On receipt of application in the case of RL.4 licence, the Commissioner may make such further enquiries as he deems necessary. In doing so, the Commissioner shall follow the procedures indicated below:-
(i) verify whether the applicant has obtained order of eligibility as specified in rule 3(2);
(ii) Verification of documents enclosed with the application;
(iii) recommendation of the Director of Industries and Commerce in relation to the quantity required to be fixed;
(iv) recommendation of the Collector of the District concerned;
(v) personal inspection by himself to verify:-
(a) Whether the plant is established as per the details furnished in the application etc;
(b) Whether the applicant has got production capacity as claimed in the application,
(c) Whether the applicant has adequate storage facilities for storing spirit with the possessional limits to be specified in the licence;
(d) Whether the applicant has adequate storage facilities for storing finished products;
(e) Whether the storage tanks have been gauged and certified by the Department of Weights and Measures;
(f) Whether the applicant has erected effluent treatment plant;
(g) Whether the applicant has obtained permission from the Tamil Nadu Electricity Board for extension of high-tension supply for exclusive use of the Company. In the case of power failure, whether the applicant has got alternate source, i.e. Generator etc., in order to have uninterrupted supply of power, as the manufacturing process is stated to be continuous;
(h) Whether the company has furnished consent letter agreeing to bear the case of establishment charges for the Excise Supervisory staff consisting of one Excise Supervisory Officer in the cadre of Deputy Tahsildar who will be assisted by one Office Assistant to monitor and issue spirit to the company;
(i) That the applicant is financially sound and capable of discharging his responsibilities in respect of the licence;
(j) Antecedents of the applicant/firm or company;
(k) Any other relevant factors;
Provided that no licence in Form RL 4 shall be granted by the Commissioner except with prior approval of the Government.
(4) The licence shall always be issued in the name of the persons who applied for it. In the case of application from a recognized institution or a registered firm or a company, a certificate from the Registrar of Companies shall be enclosed. The licence shall be issued in favour of the accredited office bearer or agent or other functionary, who has been duly authorized by power of attorney, articles of association or similar rules relating to the management of the institution, firm or company.
(5) The quantity of rectified spirit, absolute alcohol, neutral spirit or silent spirit, grape spirit, malt spirit or tapioca spirit to be allowed under the licence shall be fixed by the licensing authority, after taking into account the bonafide demands in the area in which the licence is intended to serve and on the basis or otherwise of the recommendations of the Technical Committee, in respect of licence in Form RL 4 for the possession and use of rectified spirit/absolute alcohol for industrial purposes.