The Chhattisgarh Excise Settlement of Licences for Retail Sale of Country Liquor (In District Raipur, Durg, Rajnandgaon, Dhamtari and Mahasamund) Rules, 2001

{
    "id": 16110,
    "slug": "the-chhattisgarh-excise-settlement-of-licences-for-retail-sale-of-country-liquor-in-district-raipur-durg-rajnandgaon-dhamtari-and-mahasamund-rules-2001",
    "title": "The Chhattisgarh Excise Settlement of Licences for Retail Sale of Country Liquor (In District Raipur, Durg, Rajnandgaon, Dhamtari and Mahasamund) Rules, 2001",
    "short_title": "The Chhattisgarh Excise Settlement of Licences for Retail Sale of Country Liquor (In District Raipur, Durg, Rajnandgaon, Dhamtari and Mahasamund) Rules, 2001",
    "act_number": "Published vide Notification No. F-10-49/2001/CT/V/",
    "act_year": 2001,
    "act_type": "STATE",
    "location": "Chhattisgarh",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Chhattisgarh Excise Settlement of Licences for Retail Sale of Country Liquor (In District Raipur, Durg, Rajnandgaon, Dhamtari and Mahasamund) Rules, 2001",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Act\" means the Chhattisgarh Excise Act, 1915 (No. II of 1915) as amended from time to time;\n(b) \"Country Liquor\" includes country spirit;\n(c) \"Excise Year\" means the financial year commencing from 1st April to 31st March of the calendar year;\n(d) \"Family\" means and includes spouse (husband or wife) dependent son(s), unmarried daughter(s) and dependent parents;\n(e) \"Form\" means the form appended to these rules;\n(f) \"Licensing Authority\" means the Collector of the District;\n(g) \"Licence fee\" means a sum fixed in consideration of the grant of the licence for exclusive privilege for selling of country liquor in a retail shop under Section 18 read with clause (g) of sub-section (2) of Section 62 of the Act as fixed by the Excise Commissioner in consultation with the State Government from time to time for the whole excise year or part thereof; which shall be fixed for any country liquor shop on the basis of the categories of the annual quantity;\n(h) \"Minimum month wise guaranteed quantity\" means the quantity of country liquor as fixed by the Licensing Authority in accordance with the general or specific instructions issued by the Excise Commissioner and guaranteed by the licensee to be lifted by him for his retail shop in a month of an excise year for the purpose of retail sale which shall be fixed for any country liquor shop on the basis of maximum lifting in a district during last five years after making necessary increase/decrease:\n(i) \"Annual Quantity\" means the sum total of the month wise guaranteed quantity of an excise year;\n(j) \"Security amount\" means a sum equal to the duty payable on 1/12th of annual quantity in cash to be deposited in Government Treasury as interest free security, refundable after the final settlement of all claims and dues to the State Government.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Settlement of Licences for retail sales.",
            "chapter": null,
            "content": "(b) The licence shall be granted in the Form C.S. 2-D for retail sale of country liquor in sealed bottles for consumption 'On' the premises.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Power to fix the number and location of retail shops.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Period of Licence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Grant of licence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Application for grant of licence.",
            "chapter": null,
            "content": "(b) A list of the retail shops of country liquor for which the Collector proposes to grant licence, shall be exhibited along with shopwise licence fee and security amount at the Collector's Office, Tehsil Office and the Offices of the District Excise Officer/Asstt. Commissioner Excise of the District.\n(c) Application for grant of licence shall be made in the prescribed from as appended to these rules.\n(d) The last date to be fixed for the receipt of application shall not be earlier than seven days with effect from the date of publication of the advertisement in a newspaper.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Eligibility Conditions for applicants.",
            "chapter": null,
            "content": "(a) Be a citizen of India or partnership firm whose partners are citizens of India. No change in partnership shall be allowed after the allotment of shop(s);\n(b) Be above 21 years of age;\n(c) Not be a defaulter/blacklisted or debarred from holding an excise licence under the provisions of any rules made under the Act;\n(d) Submits an affidavit duly verified by public notary as proof of the following namely:-\n(1) That he possesses or has an arrangement for taking on rent a suitable premise in that locality for opening the shop in accordance with the provisions of the rule of rules of general applications under the Act as amended from time to time;\n(2) That his proposed premises of the shop have not been constructed in violation of any law or rules;\n(3) That he possesses good moral character and have no criminal background and have not been convicted of any offence punishable under the Act or Narcotic Drugs and Psychotropic Substances Act, 1985 or any other law for the time being in force, or any other cognizable and non-bailable offence;\n(4) That in case he is selected as licensee he will furnish a certificate issued by Superintendent of Police of the district of which he is the resident, showing that he possesses good moral character and have no criminal background or criminal record, within thirty days of grant of licence;\n(5) That he shall not employ any salesman or representative who has criminal background as mentioned in clause (111) or who suffer from any infectious or contagious disease or is below 21 years of age or a woman;\n(6) That he is not in arrear of any Government money;\n(e) Furnish a bank draft drawn in favour of the District Excise Officer or Asstt. Commissioner Excise issued from a nationalised Bank as earnest money. The amount of earnest money shall be as fixed by the Excise Commissioner. In case the applicant is selected as licensee, the earnest money shall be adjusted against the licence fee. In other cases it shall be returned as such to the applicant as soon as the selection process is over.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. District level committee for licensing.",
            "chapter": null,
            "content": "(i)\nThe Collector of the District\nChairman\n(ii)\nOne Gazetted Officer of Excise Department nominated by the\n\t\t\t\tExcise Commissioner\nMember\n(iii)\nThe District Excise Officer/Asstt. Excise Commissioner of the\n\t\t\t\tDistrict\nMember-Secretary",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Selection of Licensee.",
            "chapter": null,
            "content": "(b) The said committee shall select licensees from the list of applicants found eligible. In case there are more than one suitable applicant for any particular shop, the committee shall select the licensee for such shop by public lottery. In case the selected applicant does not deposit the required amount and does not fulfil the prescribed formalities or is unable to arrange suitable premises for the shop within stipulated period, the Licensing Authority shall cancel the allotment and take steps for resettlement of the shop.\n(c) In case there is no application for a particular shop or no candidate is found suitable for a shop, the Licensing Authority shall take immediate steps for resettlement of the shop.\n(d) Licensing Authority shall have the right to reject applications received for a shop/shops without assigning any reason.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Statement of Settled shops.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Payment of licence-fee and security amount.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Lifting of liquor.",
            "chapter": null,
            "content": "(b) The wholesale licensee/supplier with whom the indent has been placed shall record the date and time of receipt of indent and shall ensure supply of the desired quantity of liquor within 48 hours of the receipt of indent. In case there is no country liquor available with the wholesale licensee/supplier, the District Excise Officer/Asstt. Commissioner shall make alternative arrangements for the supply of indented quantity of country liquor.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Lifting of minimum Guaranteed Quantity fixed for the month and consequences of failure.",
            "chapter": null,
            "content": "(b) In case the retail licensee fails to submit the indent as per clause (a) the District Excise Officer/Asstt. Commissioner Excise shall immediately report the matter to the Licensing Authority, who shall taken action to impose penalty on the amount of guaranteed quantity less lifted than the fixed monthly guaranteed quantity at the rate of rupees 120/- proof litre and shall adjust the amount equal to the imposed penalty from the Security amount and issue a notice to the licensee to replenish the shortfall in security amount within a week and also show cause as to why the licence should not be cancelled, it the licensee fails to deposit the amount of deficit in security amount and does not furnish suitable explanation within the stipulated period, the licence shall stand cancelled and the Licensing Authority shall take immediate steps to resettle the shop.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Lifting of country liquor in excess of minimum monthwise guaranteed quantity.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Minimum retail Price.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Hours of sale and closure of shops.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Disposal of Balance stock left at the expiry of the licence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Surrender of licence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Suspension and cancellation of the licence and penalties.",
            "chapter": null,
            "content": "(a) If any bottle is found in the licensed premises on which duty has not been paid and which does not carry security hologram duly approved by the Excise Commissioner as a proof of payment of duty;\n(b) If any other kind of liquor or intoxicating drug (for which licence is not granted) is found in the licensed premises;\n(c) If the affidavit submitted by the licensee at the time of application is found incorrect and assertions made therein are found to be false;\n(d) If the licensee fails to lift minimum monthwise guaranteed quantity during that month and also fails to replenish the shortfall in security deposit within the period prescribed; consequent to the imposition of penalty;\n(e) If the licensee is convicted of any offence punishable under the Act or any other law for the time being in force relating to revenue, or of any cognizable and non-bailable offence, or any offence punishable under Narcotic Drugs and Psychotropic Substances, Act, 1985 or of any offence punishable under Sections 482 to 489 of the Indian Penal Code;\n(f) If any bottle is found in the licensed premises on which minimum retail price is not printed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Repeal.",
            "chapter": null,
            "content": "C.S. 2-D\nC.S. 2-D\n[Rule 3-b]\nLicence for the retail sale of country liquor in sealed bottles for consumption on the premises\nLicence for the retail sale of country liquor in sealed bottles for consumption on the premises\nSl. No.\nMonth\nMinimum Monthwise guaranteed quantity\n1.\nApril\n8.5% of Annual Quantity\n2.\nMay\n8.5% of Annual Quantity\n3.\nJune\n8.5% of Annual Quantity\n4.\nJuly\n7.5% of Annual Quantity\n5.\nAugust\n7.5% of Annual Quantity\n6.\nSeptember\n7.5% of Annual Quantity\n7.\nOctober\n8.5% of Annual Quantity\n8.\nNovember\n8.5% of Annual Quantity\n9.\nDecember\n9.0% of Annual Quantity\n10.\nJanuary\n9.0% of Annual Quantity\n11.\nFebruary\n9.5% of Annual Quantity\n12.\nMarch\n9.5% of Annual Quantity\nGeneral and Special Conditions\nGeneral and Special Conditions\nDate :\nLicensing Authority\nDistrict :\nApplication for the grant of licence for Retail Sale of Country Liquor in Form CS-2D\nApplication for the grant of licence for Retail Sale of Country Liquor in Form CS-2D\n[Rule 7(c)]\nRegistration No..................\nExcise year...................\n(To be filled by the office)\nDetails of the shop applied for\nDetails of the shop applied for\nDetails of the Applicant\nDetails of the Applicant\n(In case of co-applicant photograph of co-applicant and details at serial No. 1 to 6 be also given)\n(a) Bank Draft No. and Date............................\n(b) Name of Bank.......................................\nSignature (s) /thumb impression (s) of the applicant(s) with date\nAnnexure\nAnnexure\nAffidavit duly verified by Public Notary\n(Acknowledgement receipt)",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        }
    ],
    "metadata": {
        "Act ID": "cg006",
        "Act Number": "Published vide Notification No. F-10-49/2001/CT/V/(14) dated the 23rd May, 2001, Chhattisgarh Rajpatra Part 1, at Pages 208 (23-31)",
        "Enactment Date": "",
        "Act Year": "2001",
        "Short Title": "The Chhattisgarh Excise Settlement of Licences for Retail Sale of Country Liquor (In District Raipur, Durg, Rajnandgaon, Dhamtari and Mahasamund) Rules, 2001",
        "Type": "STATE",
        "Location": "Chhattisgarh"
    },
    "updated_at": "2026-09-29 21:55:19"
}