Maharashtra Excise Manual
Page 185 of 1109

5. Opening of additional shop(s) in certain cases.

As far as possible the Auction Authority shall declare the date of re-auction at the closure of undecided auction and shall also notify about the re-auction programme in a local daily newspaper.

5. Opening of additional shop(s) in certain cases.

If a licensee, having paid full amount of the bid in respect of his licenced shop, in a locality for any reason, closes down his licensed toddy shops or does not carry on his licensed shop to the satisfaction of the Collector in any locality, the Collector may sanction additional toddy shop or shops in the locality and auction such shop or shops during the Toddy year.

6. Solvency Certificate required before bidding.

No person shall be permited to bid at an auction unless he produces before the Auction Authority a solvency certificate, in the case of a society from any officer appointed under section 3 of the Maharashtra Co-operative Societies Act, 1960, and in any other case, from a revenue officer duly authorised by the State Government from time to time in this behalf or he produces such other documents regarding his financial capacity to the satisfaction of the Auction Authority.

7. Powers of Auction Authority to refuse or to accept bids from certain persons.

No person shall be allowed to bid at any auction.—

  1. (a) If he holds a licence in Form C. L. Ill under rule 24 of the Maharashtra Country Liquor Rules, 1973;

  2. (b) If he is a defaulter of the excise revenue: Provided that, if name of tenderer or auctioner finds place in the list of defaulters circulated by the licensing Authority, or Commissioner having arrears of excise revenue he may bid at the auction if he makes payment of the entire arrears due against him along with penal interest at the rate prescribed under section 114 of the Act before the auction and also furnishes a stamped undertaking for depositing dues of Excise arrears, if any, as per calculations in the District, within two weeks after the conclusion of the auction, or the commencement of the licence for running the shop, whichever is earlier;

  3. (c) The Auction Authority may refuse to accept a bid from any person at an auction or disallow any person from bidding at the auction or refuse to accept a tender submitted by any person, if such person has been convicted of any offence under the Act, or of any cognizable and non-bailable offence, or of any offence under the Narcotics Drugs and Psychotropic Substances Act, 1985, or under the Drugs and Cosmetics Act, 1940 or the Bombay Drugs (Control) Act, 1959 or the Trade and Merchandise Marks Act, 1958 or of any offence punishable under section 482 to 489 (both inclusive) of the Indian Penal Code, or of any offence punishable under Chapter XIV of the Customs Act, 1962.

8. Duly Authorised persons to bid on behalf of others.

No person shall be allowed to bid on behalf of a person unless he holds a duly executed power of attorney from the another person, and in case of a society, unless he holds an authorisation from the Managing Committee of the society.

9. Bids to be offered for entire period of licence.

Except as otherwise directed by the Auction Authority in this behalf, the bids to be offered shall be for securing licences for a period of Toddy year, and not for a part thereof! If there is a re-auction during the period of the licence, the bids offered shall be for the period as notified by the Auction Authority, which shall not extend beyond 31st Day of August next following the date of auction.