Excelsior Correspondent
JAMMU, Mar 24: Jammu Chamber of Commerce & Industry (JCCI) urged the Government to protect and safeguard the interests of the JKEL-2 license holders while implementing the Excise Policy 2021-22.
JCCI president Arun Gupta said that recent Draft Policy 2021-22 published has been framed totally in conflict with J&K Excise Act SVT-1958 as amended and Finance Department notification under SRO 679 dated 13-12-1984, as amended till date.
“It is settled position of law as elaborated in related judgement of High Court dated 28-12-2020, that no policy can supersede act and rules for regulations in any trade. Act and Rules are crystal clear and defining these JKEL-2 license holders as separate class are licensees on fixed fees i.e. regular licensees,” he added.
Gupta said the basic structure of grant and renewal of JKEL-2 license has been changed in new draft policy for JKEL-2 trade through e-auction mode. He said the draft excise policy is not only in violation of Excise Act and rules but is also in total disregard to the judgement of High Court which in terms of para 90(vii) clearly states that for the purpose of renewal of licenses for trade in liquor, if permissible in law, all conditions applicable for grant of new license shall also be applicable.
“We have strong reservation to the issues proposed in the draft policy. In e-auction individual will be granted license at only one location but the persons having muscle and money power will bid in name of all of their family members and also bid in name of proxies, who will be paid meager amount for required purpose. Fact remains e-auction will bring big players and shall lead to cartelization and monopolistic approach,” he added.
The JCCI president urged the Government not to bring systematic change in grant of renewal of license of JKEL-2 Regular/Fixed Licensees which are a separate class, contrary to Excise Act and rules against the spirit of law. He said they may be allowed to run their licensed premises on fixed fees as per approved blue prints plans available with the department.
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