R.1 Short title, extent and commencement

       (1) These rules may be called the Orissa Excise (Exclusive Privilege) Rules, 1970.
        (2) They shall extend to all the areas in the State where the Bihar and Orissa Excise Act, 1915 is in force.
        (3) They shall come into force at once.

R.2 Definitions

       In these rules unless the context otherwise requires-
       (i) "Act" means the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act 2 of 1915);
       (ii) "Commissioner" means the Excise Commissioner;
       (iii) "District" means a district as defined in the Orissa Revenue Administration (Units) Act, 1968;
       (iv) "Section" means a section of the Act;
       (v) words and expressions used but not defined in these rules shall have the same meaning as respectively assigned to them in the Act.

R.3 Public notice and inviting objections

       A public notice as required by the proviso to Sub-section (1) of Section 22 of the Bihar and Orissa Excise Act, 1915 shall be given by the Collector on behalf of the State Government in Form 'A' appended below and in the manner specified in the Sub-rules (2), (3), (4), (5) and (6) of this rule before granting any exclusive privilege mentioned in Section 22 of the Act.
       FORM 'A'
       Public Notice
        Whereas the State Government intend to grant exclusive privilege of ......................................... (name of the intoxicant) at........ (name of the locality) within the local area mentioned before against each of the period of the grant (from) ...................to ................... objections, if any, by any person residing within the said local area, are invited by ...................(date).

R.3(a) .

       Notwithstanding anything contained in Rule 3, the Collector of the district shall fix the local area of the Country Spirit shop conterminus with the location of the shop.]
1. Inserted vide SRO. No 214/2005 dated 29.3.2005, OGE No. 571 dated 6.4.2005

R.4 Consideration of objections and final decision

All objections which are received within the date specified in the public notice issued under Rule 3 shall be considered by the Collector and submitted to Government through the Excise Commissioner for final order along with the list of localities and local areas prescribed for the exercise of exclusive privilege. On receipt of the final order of the State Government, the Collector shall proceed with the settlement of the privileges in the manner as may be specified by the State Government under Sub-section (2) of Section 29 of the Act.

R.5 Application of other rules

The provisions of the Orissa Excise Rules, 1965 shall, so far as they are in consonance with and not inconsistent with these rules, apply to grant of licence and exercise of exclusive privilege under these rules.

R.6 Payment of consideration money

       1[(1) The consideration money determined in respeet of exclusive privileges for -
       (i) manufacture and retail sale of country liquor;
       (ii) retail sale of country liquor;
       (iii) retail sale of any intoxicating drug
       whether by auction of tender or otherwise shall be paid in the manner specified below.
       Consideration money for two months or for a longer period not exceeding six months as may be specified in each case by the Collector, shall be paid in advance. In addition to the advance, one month's consideration money shall be paid on the date on which the currency of the licence begins and one month's consideration money on the first day of every suceeding month until the total consideration money due for the

R.6(a) Minimum guaranteed quantity of country spirit

       1[(1) 'MINIMUM GUARANTEED QUANTITY' means the minimum guaranteed quantity of country spirit for the year as accepted by the Collector, that should be guaranteed by the successful tenderer/bidder to be lifted and transported by him from the distillery, warehouse or depot as allotted by the Department, from time to time for retail sale in the notified shop.
        Every successful bidder of country spirit shop shall, before obtaining licences, guarantee the sale of the minimum guaranteed quantity of country spirit as fixed by the Collector. The bidder shall, before obtaining licences submit monthly distribution statement to the concerned Collector. The licensee before the 30th June, may revise and re-submit the monthly distribution statement for the portion of the Excise Year from August to March. The Collector shall be competent to revise and approve such revised statement.] 2[* * *].

R.6(b) Sanction of additional quantity of country spirit

       1[The licensee shall be allowed to lift additional quantity required by the licensee over and above the minimum guaranteed quantity on payment of excise duty by the same way, as he lifts the minimum guaranteed quantity.]
1. Inserted vide Orissa Gazette Ext.No. 1540/2.11.1989-SRO No. 705/89/3.10.1989.

R.6(c) Minimum guaranteed quantity of Mahua flower

       (1) Every successful bidder of outstill shop shall before obtaining licences (a) guarantee the utilisation of the minimum guaranteed quantity of Mahua flower as fixed by the Collector, and (b) shall submit monthly distribution statement of minimum guaranteed quantity to the concerned Collector.
        (2) The licensee may, before the 30th June of any year may revise and re-submit the monthly distribution statement for the portion of the Excise Year from August to March and the Collector shall be competent to revise and approve such revised statement.
        (3) The licensee shall utilise the monthly minimum guaranteed quantity approved for that month before 6.00 p. m. on the last working day of that month. The right to utilise the monthly minimum guaranteed quantity approved for that month and not utilised by 5.00 a. m. on the last working day of th

R.6(d) Minimum Guaranteed Quantity on Molasses

       The minimum guaranteed quantity for lifting and utilisation of molasses by the distilleries for production of spirit shall be fixed on the basis of highest quantity of molasses lifted and utilised in the last three years.]
1. Inserted vide SRO. No 214/2005 dated 29.3.2005, OGE No. 571 dated 6.4.2005

R.7 Consideration money for distillery

The consideration money payable for an exclusive privilege to manufacture spirit in a distillery for supply of country spirit therefrom shall be as may be fixed by the State Government and the same shall be paid in advance prior to issue of the licence and no consideration money shall be payable for supply of country spirit to licensed shops from any warehouse and/or any duty paid depot under the distillery.

R.8 Repeal and savings

       (1) Any order made or action taken or things done under the previous rules, superseded by these rules, shall be deemed to have been made, taken or done under these rules.
        (2) Notwithstanding such supersession any appeal or any petition for revision pending before the Board or the Commissioner, the Collector or the Additional District Magistrate in respect or under the said rules so superseded shall be disposed of by the respective authorities as if these rules had not been made.