Namaste: My Simple Query: Does Maharashtra Government allows Retail Liquor Shop License holder to default liquor traders / distributors / supplier & create Liability on licensed shops. Is there any provisions in Law / Act / Notification / Order / Judgement available... In Maharashtra, Liquor licensee is issued by state government through Excise Department which is renewed every year in March. Can a license holder (licensee) create liability on license by purchasing stocks of goods on credit terms. What is governments responsibility being License Issuer or License Owner when license holder's cheque is return unpaid and outstanding remains unpaid on 31st March. Are there any provision allowed by State Excise Act & Rules. Thanks Pankaj Kumar
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The license holder is liable to pay the amount towards the purchase of the stock to the government and if the cheque issued by the license holder is dishonored then the legal action as per law can be initiated by the government besides seizing the balance stock held by the license holder.
No he can't as the owner of the said license is govt
If license holder cheque has bounced remedy of creditors is to file complaint against defaulter under section 138 NI
2) creditors can also sue license holder to recover their dues with interest
3) government is not responsible for failure of license holder to pay creditors their dues
4) as far as purchase goods on contracts is concerned it is up to suppliers whether they want to supply goods on credit or not
Are there any provision allowed by State Excise Act & Rules. restricting license holder to create liability on govt. issued liquor shop license
license is government property . no one has right to transfer it without government approval
As far as the license holder is concerned he has obtained licens to purchase and sell the liquor as per the rules of the state government.
He cannot create any liability against the government department in this regard.
If he violates any rule or breaches any conditions therein he would be liable for the legal consequences.
Yes, it's, illegal under Maharashtra prohibition Act