Chapter IV RENEWAL OF LICENSE AND PERMIT TO THE EXISTING LICENSEES

(1)No new licenses shall be

issued to any manufactory, distillery, molasses manufactory, brewery, bottling plant etc;

Provided that the Collector may issue a license or permit, as the case may be, only for intoxicants that may be declared as such by the State Government under Section 3 of this Act.

1. (2) The Collector may renew the license or issue the permit, as the case may be, for the existing licensee of any manufactory, distillery, molasses manufactory, brewery, bottling plantetc, subject to the provisions of this Act.
2. (3) The State Government may make rules governing the licensing regime.
3. (4) The licensing authority may require the licensee to give security for the observance of the terms and conditions of the license and to execute an agreement thereon. Explanation – The words “Existing Licensee” means persons, firms etc who are holding a valid license on the day of this Act coming into force.

All Licenses renewed and permits issued

under this Act shall be non transferable.

The Board of Revenue shall have the power to exercise such

authority as may be delegated to it by the State Government.

The applicant for a renewal of license or issuance

of permit, as the case may be –

1. (a) must be a citizen of India or a company registered in India;
2. (b) should not be a defaulter or blacklisted or debarred from holding an excise license or in arrears of any government dues;
3. (c) should be solvent and bear good moral character and should not have been convicted of any offence under this Act or any other Act;
4. (d) should not hire or employ persons who are below twenty one years of age or who have criminal background.

(1)The State Government may require any molasses manufactory,

distillery, license-holder, distributors, sellers, importers, exporters, bottling plant or such other establishments operating under this Act to place holograms on their products as per specifications prescribed by the Excise Commissioner.

1. (2) The State Government may make detailed rules in this regard.

1. (1) Subject to such restrictions as the State Government may prescribe, the Authority renewing any license or granting any permit under this Act may suspend or cancel it in the following circumstances after giving reasonable opportunity of being heard -
   • (a) if the license or permit is transferred or sublet by the holder thereof without the permission of the licensing authority;
   • (b) if any excise revenue payable by the holder thereof is not duly paid;
   • (c) in the event of any breach by the holder of such license or permit or by his servant or agent, or by any one acting on his behalf, with his express or implied permission, of any of the terms and conditions of such license or permit;
   • (d) if the holder of license or permit or his agent or employee is convicted of an offence punishable under this Act or any other law for the time being in force, relevant and connected with excise matters relating to excise revenue or of any cognizable and non-bailable offence under any other relevant law;
   • (e) if the purpose for which the license or permit was granted ceases to exist;
   • (f) if the license or permit has been obtained through misrepresentation or fraud.
   • (g) if, for any other reason, the Licensing Authority is prima facie satisfied, that the license is fit to be cancelled. (2)For any action taken underSub-Section (1), the Licensee shall not be eligible for any compensation or refund of fee or deposit whatsoever.

No person to whom a license or

permit has been granted earlier shall be entitled to claim any renewal thereof as a matter of right, and no claim shall lie for damages or otherwise in consequence of any refusal to renew a license or permit on the expiry of the period for which the same remains in force.

1. (1) The State Government may at any time decide either to withdraw or not to renew a license issued to any manufactory, distillery, molasses manufactory, brewery, bottling plantetc in the entire State of Bihar or any part thereof.
2. (2) For any action taken under Sub-Section (1), nothing shall be paid in consequence thereof, except any license fee or deposit paid in advance after deducting any amount recoverable by the Government.

If any holder of a license

renewed under this Act contravenes any provision of the Act or any rules made there under or defaults in complying with any condition imposed upon him or upon refusal to abide by such reasonable directions as the Collector may issue underthis Act, or upon expiry of the license or withdrawal of the license, the Collector, may at any time, with or without cancellation of such license or privilege –

1. (a) take over the management of such establishment at the risk and loss of the owner of that establishment; or
2. (b) transfer the establishment , for the unexpired period of the License or the privilege, at the risk and loss of the owner, to any other person.