THE BOMBAY PROHIBITION ( PRIVILEGES FEES) RULES 1954

View all order & notifications Forms / Schedules

G.N.,R.D.; NO. 7534/51, dated 8th May, 1954

In exercise of the powers conferred by clause (u) of sub-section (2) of section 143 of the Bombay Prohibition Act, 1949 (Bom. XXV of 1949), and in supersession of the rules published in the notification of the Commissioner of Excise, Bombay, No. 81-7/35, dated the 29th January 1935, the Government of Bombay is pleased to make three following rules, namely :

2 Definitions व्याख्या.[View all order & notifications]

In these rules, unless there is anything repugnant in the subject or context,––

(i)

“ The Act ” means the Bombay Prohibition Act, 1949;

(ii)

“ licence ” means a licence granted under any of the provisions of the Act or the rules, orders or regulations made thereunder ;

(iii)

“ licensee” means a person who holds a licence;

(iv)

The words and expressions not defined in these rules shall have the meanings respectively assigned to them in the Act.

1 Short title शीर्षक.[View all order & notifications]

These rules may called the Bombay Prohibition (Privileges Fees) Rule, 1954.

3 Fees for issuing a nokarnama नोकरनामा जारी करण्यासाठीचे शुल्क.[View all order & notifications]

1 [Save as otherwise provided in sub-rule (2) of rule 10 of the Bombay Neera Rules, 1951, the fee] for the exercise by any licensee of the privilege of issuing a nokarnama shall be 2 [Rs. 100 ] for each such nokarnama and it shall be paid into a Government treasury before the nokarnama is issued by any licensee :

Provided that, when countersignature of the nokarnama in approval of the provisionally appointed agent or servant is refused, no further fees shall be leviable on the appointment by the licensee of any other person in his place as such agent or servant :

4 Fees for transfer of a licence from one site to another परवाना एका जागेवरून दुसऱ्या जागेवर स्थानांतरण करण्यासाठीचे शुल्क.[View all order & notifications]

(a)

the fee for privileges for having the transfer of the licence, in the Form ‘CL-1,’. granted under the Maharashtra Country Liquor Rules, 1973, ‘PLL’ or ‘I’ granted under Maharashtra Distillation of Spirit and Manufacture of Potable Liquor Rules, 1966, from one site to another, shall be equivalent (100%) to the fee chargeable for grant or renewal or continuance of such licence in accordance with manufacturing capacity, whichever is higher.

(b)

the fee for privileges for having the transfer of the licence, in Form ‘CL-III’, granted under the Maharashtra Country Liquor Rules, 1973, “FL-II” or “FL-III” granted under the Bombay Foreign Liquor Rules, 1953 from one site to another shall be,––

(i) In the areas of Municipal Corporation of Mumbai, New Mumbai, Thane, Bhiwandi, Mira-Bhayander, Virar-Vasai, Kalyan, Dombivali and Pune - Eight times of the fee chargeable for grant or renewal or continuance of such licence, whichever is higher.

(ii) In the area of other Municipal Corporations [excluding those mentioned in clause (i) above)], and all Municipal Councils - Five times of the fee chargeable for grant or renewal or continuance of such licence, whichever is higher.

(iii) In all other areas [excluding those mentioned in clauses (i) and (ii),].- Four times of fee chargeable for grant or renewal or continuance of such licence, whichever is higher.

(c)

the fee payable by any licencee for the privilege of having the transfer of any licence other than those mentioned in clauses (a) and (b) shall be same as the fee chargeable for the grant or renewal or continuance of the licence, whichever is higher. ”

(i) n the areas of all Municipal Corpoporations.- Fifty per cent of the fee chargeable for grant or renewal or continuance of such licence, whichever is higher.

(ii) In all other areas [excluding those mentioned in clause (i)] - Twenty per cent of the fee chargeable for grant or renewal or continuance of such licence, whichever is higher.

(d)

No fees shall be charged for transfer of licence from one place to another in the following circumstances :––

(i) Licence whose premises are affected by the implementation of Development Scheme such as road widening and alike ; or

(ii) licence whose premises are closed or required to be closed down as per the provisions of the Bombay Prohibition (Closure of licence on Resolution by Gram Sabha or representation by Voters in the Ward of Municipal Council/Corporation) Order, 2008 ; or

(iii) Licence whose premises are closed down or required to be closed down as per order of any Court or Competent Authority.”

5 Fees for transfer of a licence from one name to another परवाना एका नावावरून दुसऱ्या नावावर हस्तांतरित करण्यासाठी शुल्क.[View all order & notifications]

(a)

the fee payable by any licensee for the privilege of having the transfer of his licence, in Form ‘CL-1’, granted under the Maharashtra Country Liquor Rules,1973, ‘PLL’ or ‘I’. granted under the Maharashtra Distillation of Spirit and Manufacture of Potable Liquor Rules, 1966, from one name to another, shall be five times of the fee chargeable for grant or renewal or continuance of such licence whichever is higher;

(b)

the fee payable by any licensee for the privilege of having the transfer of his licence, in Form ‘ CL-III ’, granted under the Maharashtra Country Liquor Rules, 1973, “ FL-II ” or “ FL-III ”, granted under the Bombay Foreign Liquor Rules, 1953 shall be as follows :—

(i) In the areas of Municipal Corporation of Mumbai, New Mumbai, Thane, Bhiwandi, Mira-Bhayander, Virar-Vasai, Kalyan, Dombivali and Pune. - Eight times of the fee chargeable for grant or renewal or continuance of such licence, whichever is higher.

(ii) In the area of other Municipal Corporations [excluding those mentioned in clause (i) above)], and all Municipal Councils. - Five times of the fee chargeable for grant or renewal or continuance of such licence, whichever is higher.

~~(iii) In all other areas [excluding those mentioned in clauses (i) and (ii),]. - Four times of fee chargeable for grant or renewal or continuance of such licence, whichever is higher.~~

(i) The fee payable by any licensee for the privilege of having the transfer of his licence, in Form CL-III granted under Maharashtra Country Liquor Rules, 1973 shall be rupees forty-five lakhs per transfer.

(ii) The fee payable by any licensee for the privilege of having the transfer of his licence, in Form FL-II granted under Bombay Foreign Liquor Rules, 1953 shall be rupees one crore per transfer.”

(c)

(b1)

the fee payable by any licensee for the privilege of having the transfer of the licence in Form FL-III granted under the Bombay Foreign Liquour Rules, 1953 shall be two times of the fee chargeable for grant, renewal or continuance of such licence, whichever is higher.".

5A Fee for lease, sub-lease, tie-up or any other similar agreement of licence भाडे , पोटभाडे ,टाय-अप किंवा लायसन्सच्या इतर तत्सम करारासाठी शुल्क.[View all order & notifications]

Fee for lease or sub-lease of licence.- The fee payable by any licensee for the privilege of having the lease or sub-lease of his licence in Form ‘CL-I’ under the Maharashtra Country Liquor Rules, 1973 and in Form ‘PLL’ or ‘I’ under the Maharashtra Distilation of Sprit and Manufacture of Potable Liquor Rules, 1966 under any agreement or arrangement to any person with the previous written permission of the Government or Commissioner as the case may be shall be the same as the fee chargeable for grant or renewal or continuance of such licence, whichever is higher.]

The fee payable by any licensee for privilege of having the lease, sub-lease, tie-up or any other similar agreement of his licence in Form “CL-1” under the Maharashtra Country Liquor Rules, 1973, in Form “BRL” under the Maharashtra Manufacture of Beer and Wine Rules, 1966 and in Form “PLL” or “I” under Maharashtra Distillation of Spirit and Manufacture of Potable Liquor Rules, 1966 under any agreement or arrangement to any person with the previous written permission of the authority granting the licence shall be 15 per cent of applicable licence fee, which shall be levied annually.”.

6 Fees for admission into or withdrawal from a business of partner or partners व्यवसायात भागीदार घेणे किंवा काढण्यासाठीचे शुल्क.[View all order & notifications]

(a)

The fee payable by licensee for addition of partner or partners for the licence, in Form ‘CL-I’, granted under the Maharashtra Country Liquor Rules, 1973, ‘PLL’ or ‘I’. granted under the Maharashtra Distillation of Spirit and Manufacture of Potable Liquor Rules, 1966, shall be four and half times of the fee chargeable for the grant or renewal or continuance of the licence, whichever is higher.

(b)

The fee payable for the withdrawal of partner or partners for the licence, in Form ‘ CL-I ’, granted under the Maharashtra Country Liquor Rules, 1973, “ PLL or I ”, granted under Maharashtra Distillation of Spirit and Manufacture of Potable Liquor Rules, 1966, shall be fifty per cent of the fee chargeable for the grant or renewal or continuance of the licence, whichever is higher.

(c)

The fees payable by licensee for addition of partner or partners for the licence in Form ‘ ~~CL-III ’, granted under the Maharashtra Country Liquor Rules, 1973, “ FL-II ” or~~ “ FL-III ”, granted under Bombay Foreign Liquor Rules, 1953, shall be as follows :—

(i) In the areas of Municipal Corporations of Mumbai, New Mumbai, Thane, Bhiwandi, Mira-Bhayander, Virar-Vasai, Kalyan Dombivali & Pune. - Seven and half times of the fee chargeable for grant or renewal or continuance of such licence, whichever is higher.

(ii) In the areas of Municipal Corporation excluding those mentioned in clause (i) above)], and all Municipal Councils. - Four and half times of the fee chargeable for grant or renewal or continuance of such licence, whichever is higher.
(iii) In all other areas [excluding those mentioned in clauses (i) and (ii),]. - Three and half times of fee chargeable for grant or renewal or continuance of such licence, whichever is higher.

(d)

And fee payable by the licensee for the withdrawal of partner or partners for licence in Form ‘ ~~CL-III ’, granted under the Maharashtra Country Liquor Rules, 1973, “ FLII ” or~~ “ FL-III ”, granted under Bombay Foreign Liquor Rules, 1953, shall be fifty per cent of the fee chargeable for the grant or renewal or continuance of the licence whichever is higher.

(e)

The fees payable by any licensee for the privilege of allowing the admission of the partner or the withdrawal of the partner from, the business under his licence other than those mentioned in clauses (a) and (b) shall, in respect of each partner admitted in or withdrawan from such business be fifty per cent of the fee chargeable for the grant or renewal or continuance of the licence, whichever is higher :

Provided that, in case of admission of a partner or partners from family members (husband or wife or children) of the licensee, the fees chargeable shall be ten per cent of fee chargeable for grant or renewal or continuance of the licence concerned, whichever is higher, on every occassion of admission of a partner or partners :

Provided further that, no fees shall be chargeable after death of licensee or partner in case of transfer of licence in the name of his legal heir (from husband to wife and vice-versa, from father or mother to son or vice-versa) :

Provided also that in case of evasion of privillege fee by transfering the licence illegally by way of preparing Nokarnama, the fee shall be chargeable at the rate of privilege fee with fourteen per cent interest thereon from the date of issue of such Nokarnama.”.

(c1)

(i) The fee payable by licensee for addition of partner or partners for the licence, in Form CL-III granted under Maharashtra Country Liquor Rules, 1973 shall be rupees forty-five lakhs;

(ii) the fees payable by licensee for addition of partner or partners for the licence, in Form FL- II granted under Bombay Foreign Liquor Rules, 1953 shall be rupees one crore.”;

(d1)

The fees payable by licensee for withdrawal of partner or partners for the licence, in Form CL-III granted under Maharashtra Country Liquor Rules, 1973 and Form FL- II granted under Bombay Foreign Liquor Rules, 1953 shall be the fee for amendment of licence, permit or authorization prescribed under rule 8.”

7 Fees for a duplicate copy of a licence, permit or authorisation परवाना, परमिट किंवा प्राधिकारपत्राच्या दुय्यम प्रतीसाठी शुल्क.[View all order & notifications]

5 [The fee for the privilege of having a duplicate copy of any licence, permit, pass or authorisation granted under the Act shall be Rs. 10 where the fee chargeable for grant or renewal or continuance of such licence, permit or authorisation is more than Rs. 10 and the same as the fee chargeable for grant of renewal or continuance of such licence, permit, pass or authorisation where such fee is Rs. 10 or less].

8 Fees for amendment of a licence, permit or authorisation परवाना, परमिट किंवा प्राधिकारपत्राच्या दुरुस्तीसाठी शुल्क.[View all order & notifications]

The fee for the privilege of having an amendment made in the particulars entered in any licence, permit, pass or authorisation granted under the Act 4 [on payment of a fee] shall be 7 [Rs. 10] per amendment. 6 [provided that where any other fee referred to in these rules is charged then separate amendment fee shall not be charged].

9 Rounding off of fees शुल्क पूर्णांकात करणे.[View all order & notifications]

While recovering fees under rule 4 or 6, any amount less than 5 [fifty paise] shall be remitted and 5 [fifty paise] or more shall be rounded to the extent of whole rupee.