Delayed FL.3 licence renewal under Rule 21 may be condoned after expiry on sufficient reasons and additional fee.

Rule 21 of the Tamil Nadu Liquor (Licence & Permit) Rules, 1981 permits delayed renewal applications for an FL.3 licence to be entertained after expiry of the licence period, provided good and sufficient reasons are shown and the prescribed additional fee is paid. Read as a whole, the rule's qualifying language was treated as controlling the main requirement of filing at least one month before expiry, so the provision does not extinguish the right to seek renewal after time. The interpretation was supported by ordinary principles that a proviso qualifies the main enactment and must be read harmoniously with it.

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Issues: Whether Rule 21 of the Tamil Nadu Liquor (Licence & Permit) Rules, 1981 permits the licensing authority to entertain and condone a belated application for renewal of FL.3 licence even after expiry of the licence period, on sufficient reasons and payment of the prescribed additional fee.

Analysis: Rule 21 requires an application for renewal to be made at least one month before expiry, but the latter part of the rule expressly contemplates admission of an application made beyond that period if good and sufficient reasons are shown and the additional fee is paid. The rule was read as a whole, and the proviso-like qualifying language was held to control and explain the main part of the provision rather than destroy the right to seek renewal after the prescribed time. The interpretation was supported by the settled principles that a proviso ordinarily carves out an exception, qualifies the main enactment, and must be construed harmoniously with the principal clause. The proposed amendment placed before the Court also reinforced that the existing rule was understood by the department to permit consideration of delayed renewal applications.

Conclusion: Belated applications for renewal under Rule 21 can be entertained and condoned after expiry of the licence period, subject to good and sufficient reasons and payment of the additional fee.

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