The Bihar Excise (Settlement of Licences for Retail Sale of Country/Spiced Country Liquor/Foreign Liquor/ Beer and Composite Liquor Shop) Rules, 2007

{
    "id": 15785,
    "slug": "the-bihar-excise-settlement-of-licences-for-retail-sale-of-country-spiced-country-liquor-foreign-liquor-beer-and-composite-liquor-shop-rules-2007",
    "title": "The Bihar Excise (Settlement of Licences for Retail Sale of Country/Spiced Country Liquor/Foreign Liquor/ Beer and Composite Liquor Shop) Rules, 2007",
    "short_title": "The Bihar Excise (Settlement of Licences for Retail Sale of Country/Spiced Country Liquor/Foreign Liquor/ Beer and Composite Liquor Shop) Rules, 2007",
    "act_number": "Published vide Notification Bihar Gazette (Extra-O",
    "act_year": 2007,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Bihar Excise (Settlement of Licences for Retail Sale of Country/Spiced Country Liquor/Foreign Liquor/ Beer and Composite Liquor Shop) Rules, 2007",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Application of the Rules.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Definitions.",
            "chapter": null,
            "content": "(a) \"Act\" means the Bihar Excise Act, 1915.\n(b) \"Lottery\" means grant of licence of retail shops of country liquor/ spiced country liquor, foreign liquor and composite liquor shop publicly through draw of lottery amongst more than one applicant.\n(c) \"Settlement Officer\" means the Licensing Authority, or any other officer not below the rank of Excise Superintendent, authorised by licensing authority to invite the application in accordance with requisite proforma for grant of licence through draw of lottery.\n(d) \"Applicant\" means a person who has applied for the settlement of Excise shops.\n(e) \"License Fee\" means the fixed license fee of each of the retail shop as mentioned in sale notification.\n(f) \"Composite Liquor Shop\" composite liquor shop means such shop under which country liquor/spiced country liquor, foreign liquor and beer sold 'ON' and 'OFF under one licence.\n(g) \"Off\" shop means, where consumption of liquor within the licenced premises is not permitted.\n(h) \"On\" shop means, where consumption of liquor within the licenced premises is permitted.\n(i) \"Board\" means the Board of Revenue, Bihar.\n(j) \"Foreign Liquor\" means as defined in Department Notification No. 470-F, dated 15th January, 1919.\n(k) \"Excise Year\" means the financial year beginning from 1st April and ending on 31st March of next calender year.\n(l) \"Licensing Authority\" means the Collector of the District.\n(m) \"Annual minimum guaranteed quantity\" means the minimum quantity of guaranteed country liquor/spiced country liquor, foreign liquor and beer as determined by the Licensing Authority under general or special direction issued by the Commissioner of Excise and to be lifted from wholesale warehouse or any other place specified by the Commissioner of Excise during an excise year or part thereof for the purpose of retail sale by the licensee.\n(n) \"Application Fee\" means a non-refundable fee of application for the settlement of excise licence through draw of lottery.\n(o) \"High Potential Zone\" means such area which is commercially more important in this regard.\n(p) \"Low Potential Zone\" means the area which is commercially less important.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Settlement of the right to retail sale.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Power to determine minimum guaranteed quantity.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Date of settlement.",
            "chapter": null,
            "content": "(i) date of settlement of country liquor/spiced country liquor, foreign liquor and the composite shop of liquor;\n(ii) time and place of settlement of licenses;\n(iii) any other particulars or requirements which may be deemed necessary;\n(iv) the last date, time and place of receiving the application with necessary documents and application for participating in the settlement.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Sale Notification.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Display of list of shops.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Qualifications for Applicant.",
            "chapter": null,
            "content": "(a) produces solvency certificate in prescribed form, equivalent to reserve fee of one month of licence fee granted by the Circle Officer of the concerned circle where he resides or owns immovable property:\n(b) produces an affidavit duly affirmed in prescribed form, giving descriptions of his movable and immovable property and its status and annexed with the affidavit, the copies of document supporting his title of the property shown in the affidavit;\n(c) if he has outstanding arrear of excise revenue:\n(d) If he has been convicted by a criminal court for any offence and sentenced to imprisonment for one year or more;\n(e) if his licence has been cancelled during the last three years;\n(f) if he has been debarred from participating in settlement under the provisions of these rules;\n(g) unless he submits no dues certificate from the authorities of commercial taxes.\nNote. - In case of any doubt concerning the genuineness of the solvency certificate or any other certificate, the decision of the officer conducting the settlement shall be final.\nNote.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Procedure regarding solvency certificate.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Application for participation in settlement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Procedure of settlement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Hail Ticket .",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Reading over and explaining of the general conditions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Payment of Advance Security.",
            "chapter": null,
            "content": "(a) An amount equivalent to one twelfth portion of annual licence fee and the similar amount of security money in advance shall be deposited immediately in cash or in the form of Bank draft after the settlement.\n(b) The payable amount as per Rule 15(a) of these Rules shall be deposited immediately after the settlement or may be deposited within three days of settlement by the written order of the Licensing Authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Default in advance security.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Payment of licence fee in monthly instalments.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Commencement of the period of licence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Monthly division of annual minimum guaranteed quantity and its lifting.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Lifting of liquor and their price.",
            "chapter": null,
            "content": "(ii) Additional license fee shall not be charged for additional lifting up 10 15 per cent of the fixed minimum guaranteed quantity, but for lifting more than 15 per cent the additional license fee shall be charged @ 50 per cent of the fixed license fee.\n(iii) The licensee will have to pay price of the liquor to the whole seller as mentioned in sub-rule (i) above, the rate whereof shall be determined by the Board of Revenue/Government from time to time.\n(iv) The licensee shall not sell to the consumers at a rate more than the maximum retail price fixed by the Government, written on the bottle of liquor.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Refund of advance security amount.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Sale during the period of licence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Invalidity of claim for delay in supply, closing of shop, non-opening of shop or reduction in hours of sale and closure due to election.",
            "chapter": null,
            "content": "24.\n25.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "26",
            "title": "26. Repeal.",
            "chapter": null,
            "content": "(ii) In order to give fullest effect to these Rules, it shall be open to Excise Commissioner to issue such direction/order after obtaining approval of member, Board of Revenue, as he may deem fit and proper, provided no such direction/ order shall be issued in contravention of these Rule.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        }
    ],
    "metadata": {
        "Act ID": "bh527",
        "Act Number": "Published vide Notification Bihar Gazette (Extra-Ordinary) No. 2704, 7th June, 2007, dated 8.6.2007",
        "Enactment Date": "",
        "Act Year": "2007",
        "Short Title": "The Bihar Excise (Settlement of Licences for Retail Sale of Country/Spiced Country Liquor/Foreign Liquor/ Beer and Composite Liquor Shop) Rules, 2007",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}