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Amendment of Rule 26 of TE Rules

State Notification of Tripura · 19875,456 characters of text

The enactment

TypeNotification
Year1987
JurisdictionState of Tripura
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectstaxation

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

No. 22 Re gis tered No. N. E. 930.

:-- TRIPURA GAZETTE Published by Authority EXTRAORDINARY ISSUE Agartala, Friday, January 30, 2015 A. D., Magha 10, 1936 S. E.

PART--II-- Advertisements, Notices GOVERNMENT OF TRIPURA FINANCE DEPARTMENT (Excise & Taxation) No.F.IV-5{3)-EX/2014(HC) Dated. 3 0 / 0.1/2015.

NOTIFICATION In exer cise of the powers conferred by sub-section.( 1) of Section 88 of the Tripura Excise Act, 1987(:r'ripura Act No . 12 oL1987), the Govemor is hereby rnakes the following rules, fu.rther to amend the Tripura Excise Rules, 1990 , namely:-

1. Short title and con:un.encement:-

(i). These Rules may be called . the Tripura Excise (Ninth Amendment) Rules, 2014.

(ii). They shall come into force on the date of their pu blicaticn ....

m the Tripura Gazette.

2. A.xnend:xne:n.t oC Rule 26:- In the principal Rules, for the existing Rules 26, the follo-wing shall be subst:ituted • . namely:-·

(1). No retail vend of Foreign Liquor and Country Liquor shop shall be located within. lOO(one hundred) meters from the follo-wing, namely:-

(a). Recognized Educational Institutions;

(b). Religious places of public wc':,rship, bathing ghat:

(c) . Hospitals;

(d). Factories;

(e). Office(s) of the recognised political parties;

Provided that while in case of settlement. of shop(s) t..h.roug..h. . . .

. tender or auction method, no site can be proposed by the ·tenderer or the bidder whose location ex~~eds a ci:Lstance of one hundred meters from the existing shop(s).

Provided ftu:.tl:l_~tha.l:..-the afe-resaid conditio-n-s-sh--ru-r-nave the .

p't'aspective- e-ffect;--- ---- -·-- --

Provided also that if any Recognized Educational Institutions, R e ligious places of public worship, Bathing ghat, Hospitals, Factories Tripura Gazette, Extraor d inary Issu e, Janu ary 30, 2015 A. D .

and Offices of recogn.lsed·-·Potl.t1cai Parties com es int o exi s ten ce subs equ ent t o the es tablishment of r e tail v e n d of F or e ign Liquor or ~ ·country Liqu or, the aforesaid dist a n ce restric tions shall not apply.

::• ,,... Explanation I - For th e pu rpose of clause (a) a bove, recogn ized education a l in s ti tutio n . w ould m e an a n e ducation a l institu tion recognised by the State Govemment or C e ntral Govemment, or any C ollege or institution affiliated to any Univ e rsity affilia ted by UGC.

Explanation II - For the purpose of clause (b) above, a religious p lace would imply a religious place having a pucca/ semi pucca structure with a covered area having more than four hundred square feet and has been in existence for a period of at least twenty years. [For the purpose of this rules, religious places of public worship means a place of public worship that has been r~corded and recognized by the State· Government].

Explanation m- The measurement of distance shall be the shortest traversable distance, from the midpoint of the actual main entrance/door ofthe premises proposed for licence to midpoint of the actual main door/entrance of the building of the places mentioned in clause (a) , (b), (c), (d). and (e) above.

Explanation rv:.. For the purpose of. clause (e)· above , ·recognised Political Parties would imply a . State /"National political party as recognised by the Election Commission of India.

(2) The licensee shall not carry on any business connected: with his licence, or store any liquor to be sold or otherwise' dealt· with undeF. his licence, except in the premises specified in his licence, hereinafter called the 'licensed premises'. The Excise Commissioner, may however, grant in an exceptional case , permission to store liquor at a place other than the licensed premises. This permission shall be granted on payment of extra fees as prescribed and only in cases where it is impracticable to store the required stock in the licensed premises. Before the grant of permission, the Excise Commissioner shall satisfy himself that the proposed place is a dequately guarded and that there is no means of access to it by the public.

(3) No licensed premises for 'the sale. and storage of liquor shall be ·used for any other business. Retail licences fo; -consumption "off' the 2 ..

Tripura Gazette, Extraordinary Issue, January 30, 2015 A. D.

"' premises shalJ. be permitted at sites or premises, located in a /.~ ' p~ca/ semi pucca building, the land use of which is commercially appwved and shall conform to the orders and instructions issu ed by the Excise Commissioner from time to time. The minimum floor area of the liquor shop should be hundred square feet.

(4)The licensed premises of all kinds of licenses shall have adequate storage facility having fully equipped fire safety measures and shall be duly insured against fire and other natural hazard. The licensee shall keep the premises thoroughly clean and dry ·and shall comply with the orders issued r by the Collector of Excise for the removal of defects in the building.

\......-.

(5) No advertising hoarding, banner, posters should be used around the premises in such a manner e.g. occupying whole side of a public square so as to obtrude itself on the attention of the public.

(6) The licence premises should not be obstructed by any artificial structure or any other means that would hinder easy supervision of persons entering or leaving the shop.

By order ofthe Govemor, m,~ . 30d•IS (Ashutosh Jindal) Secretary to the Govemmen t of Tripura.

--------------------·-------·· ------------------------------------ Printed at the Tripura Government Press, Agartala. 3

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