THE BOMBAY MOLASSES RULES, 1955

These Rules may be called the Bombay Molasses Rules,1955.

They extend to the whole of the State of Maharashtra.]

In these Rules, unless there is anything repugnant in the subject or context, -

(a) “Act” means the Bombay Prohibition Act, 1949;

(b) “Factory” means a place where sugar or gur is manufactured;

(c) “Form” means a form appended to these Rules:

(d) “Licensed premises” means premises in respect of which a license is granted

under these Rules;

(e) “Licensee” means a person holding a licence in Form M-I, M-II or M-III

under these Rules;

(f) “Producer of Molasses” means the owner or a person in charge of a factory

where molasses is produced in the process of manufacture of sugar or gur.

Words and expression not defined in these rules shall have the meaning respectively assigned to them in the Act.

Any person who is a producer of molasses and desires to posses and sell molasses shall make an application to the Collector for a licence in that behalf. The application 2[shall be accompanied by a challan evidencing payment of a fee of Rs. 10 for such Application and ] shall contain the following particulars, namely :-

(a) Name and address of the applicant;

(b) Name of the Sugar / Gur factory;

(c) Exact location of the Sugar / Gur factory, and the name of the village, taluka and district in which such factory is situated;

(d) Whether the applicant is the owner or a person in-charge of the factory;

(e) (i) Details of the use or uses which molasses will be put to;

(ii) Quantity required annually for each of such uses in 3 [Quintals] ;

(f) Details of arrangements for the storage of molasses whether pucca built tanks or steel tanks are provided for the storage;

(g) Period for which the licence is required.

4[(h)total quantity of molasses expected to be produced during the year”.]

On receipt of an application under sub-rule (1), the Collector may make such inquiries as he deems necessary and if he is satisfied that there is no objection to grant the licence applied for, he may, with the previous approval of the Commissioner grant the applicant a licence in Form M-1 on payment of a fee 5 [Inclusive of consideration] as per the scale prescribed below, per annum, in advance -

Where the quantity of molasses mentioned in the application which is expected to be produced-

1. Does not exceed 5000 Metric Tons 500

2. exceeds 5000 but does not exceed 10,000 Metric Tons 1,000

3. exceeds 10,000 but does not exceed 15,000 Metric Tons 5,000

4. exceeds 15,000 but does not exceed 20,000 Metric Tons 7,500

5. exceeds 20,000 Metric Tons 10,000]

3[Explanation, - For the purpose of charging the fee, the fraction of a year shall be reckoned as one complete year.]

Any person other than a producer of molasses desiring to posses and use molasses shall make an application to the Collector for a licence in that behalf. The, application 4[“shall be accompanied by a challan eridencing payment of a fee of Rs. 10 for such application and] shall contain the following particulars, namely :-

(a) Name and address of the applicant;

(b) Place where molasses will be kept and used and the name of the village, taluka and district in which such place is situated;

(c) Approximate stock of molasses on the commencement of the required licence (in 1[Quintals]) ;

(d) Total quantity of molasses that would be received during the term of the licence (in 1[Quintals]);

(e) Maximum quantity of molasses to be possessed at any one time (in 1[Quintals]) ;

(f) (i) Detail of purposes for which molasses will be used;

(ii) Quantity required annually for each such purpose (in 1[Quintals]);

(g) Period for which the licence is required.

On receipt of an application under sub-rule (1), the Collector may make such inquiries as he deems necessary and if he is satisfied that there is no objection to grant the licence applied for, he may grant a licence in form M-II 3[on payment of the annual fee] 5[(inclusive of consideration)] as specified below :-

(i) Licence for any Government purpose or educational, scientific, medicinal orsample purpose 6[Rs. 10.]

(ii) Licence for an agricultural purpose (subject to the condition that the molasses possessed under this licence shall be mixed with liquid tar to the extent of at least 10 per cent) 6(Rs.10)

2[(ii-a) licence for cattle feed] 6[Rs. 100]

6[“(iii) licence for any other purpose where the quantity of Molasses-

(a) does not exceed 1000M. Tons. 100

(b) exceeds 1000M. Tons but does not exceed 5000M. Tons 500

(c) exceeds 5,000 M. Tons but does not exceed 10,000 M. Tons 1,000

(d) exceeds 10,000 but does not exceeds 15,000 M. Tons 5,000

(e) exceeds 15,000 but does not exceed 20,000 M. Tons 7,500

(f) exceeds 20,000 M. Tons 10,000]

1[Explanation – For the purpose of charging the fee, the fraction of a year shall be reckoned as one complete year.]

Any person other than a producer of molasses desiring to posses and sell molasses shall make an application to the Collector for a licence in that behalf. The application 3[“shall be accompanied by a Challan evidencing payment of a fee Rs. 10 for such application and] shall contain the following particulars, namely :-

(a) Name and address of the applicant;

(b) Place where molasses will be kept and sold and the name of The village, taluka and district;

(c) Special reasons, if any, why the licence should be granted;

(d) Approximate number of licensees to whom molasses will be supplied by the applicant;

(e) Approximate total quantity of molasses intended for sale during the period of the licence (in 2[Quintals]);

(f) Period for which the licence is required.

On receipt of an application under sub-rule (1), the Collector may make such inquiries as he deems necessary and if he is satisfied that there is no objection to grant the licence applied for, he may grant a licence in Form M-III on payment of a fee 4[“ (inclusive of consideration) of Rs. 500] in advance and shall fix the total quantity of molasses which the license may be allowed to sell during the period of the licence.

Any licence granted under sub-rule (2) shall be renewed for a period not exceeding one year at a time on payment of application fee of Rs. 5 and licence renewal fee same as prescribed in sub-rule (2), unless there has been a breach of any of the terms and conditions of the licence, and/or there is reasons to believe that the licensee has not been working the licence properly”.]

Notwithstanding anything contained in the foregoing rules any person other than a producer of molasses desiring to purchase, possess and use bagomolasses for purposes of cattle-feed only shall make an application in that behalf stating the quantity of such molasses required by him per month.

On receipt of an application under sub-rule (1), the Collector shall make such inquiries as he deems necessary and if he is satisfied that there is no objection to grant the licence applied for, he may grant the applicant a licence in Form M-III-A on payment of a fee 3[(inclusive of consideration) of rupees five]

in the case of licence in form M-I fix for the licence period the aggregate quantity of molasses which may be allowed to the licensee for all the uses to which molasses is to be put and.

in the case of licence in Form M-II, fix-

(a) the maximum quantity of molasses which the licensee may be allowed to possess under the licence at any one time and to use in a month;

(b) the aggregate of the quantity of molasses at the commencement of the licence and of the quantities of molasses to be received by the licensee from time to time during the period of the licence.

Name and address of the applicant;

Kind of licence in respect of molasses held by the applicant and its num- ber and date;

Quantity of molasses permitted for possession at any one time under the licence held by him (in ¹[Quintals]) ;

Balance of molasses on hand on the date of application (in ¹ [Quintals]) ;

Quantity of molasses to be imported (in¹[Quintals]);

Place from which molasses is to be imported;

Name and address of the person;

Route (state the place from which removal of molasses to its destination will be by road in the State);

Period for which the licence is required;

Reasons for importing molasses.

On receipt of an application under rule 12, the Collector may make such inquiries as he deems necessary and if he is satisfied that there is no objection to grant the licence applied for, he may grant a licence in Form M-IV on payment of a fee 2[of rupees fifty of rupees five thousand] of rupees fifty.

The licence shall be in four parts and shall be dealt with as under :

Part I shall be kept on the record in the office of the Collector granting the licence.

Part II shall be sent to the person supplying molasses.

Part III shall be handed over to the applicant for sending with the consignment and for record thereafter with his accounts.

Part IV shall be forwarded to the Collector or Chief Excise Authority of the place from which molasses are to be imported.

Any person desiring to export molasses shall make an application

to the Collector for a licence in that behalf. The application shall contain the following particulars, namely :

(a) Name and address of the applicant;

(b) Kind of the licence held by the applicant and its number and Date;

(c) Quantity of molasses to be exported (in 1[Quintals]);

(d) Place to which molasses is to be exported;

(e) Name and address of the person to whom molasses is to be sent.

(f) Route (state the place up to which removal of molasses will be by road during its transit in the State);

(g) Period for which the licence is required;

(h) Reasons for exporting molasses.

The application shall be accompanied by an import-permit or no-objection certificate granted by the Collector or Chief Excise Authority of the place of import 2[and by a certificate granted by the Director of Industries, Bombay, to the effect that there is no objection to allow the applicant to export molasses as stated in his application].

On receipt of an application under rule 14, the Collector may make such inquiries as he deems necessary and of he is satisfied that there is no objection to grant the licence applied for, he may grant a licence in Form M-V on payment of a fee 3[of rupees fifty of rupees five thousand] of rupees fifty

The licence shall be in four parts and shall be dealt with as under :

Part I shall be kept on the record in the office of the Collector granting the licence.

Part II shall be kept by the person supplying molasses.

Part III shall be handed over to the applicant for sending with the consignment and thereafter shall be kept by the person receiving molasses.

Part IV shall be forwarded to the Collector or Chief Excise Authority of the place to which molasses are to be exported.

Name and address of the applicant;

Kind of the licence held in respect of molasses by the applicant and its number and date;

Quantity of molasses permitted for possession at any one time under the above licence (in ⁴[Quintals]);

Balance of molasses on hand on the date of application (in ⁴[Quintals]);

Quantity of molasses to be transported in (in ⁴[Quintals]);

(a) Place from which molasses is to be transported;

(b) Place to which molasses is to be transported;

Name of the person authorised to transported;

Name and address of the person from whom molasses will be obtained;

Route (state also the place from and to which transport of molasses will be by road) ;

Period for which the permit is required.

On receipt of an application under rule 18, the Collector or the authorised officer may make such inquiries as he deems necessary and if he is satisfied that there is no objection to grant the permit applied for, he may grant a permit in Form M-VI on payment of a fee 3[at the rate of rupee one per metric ton of molasses to be transported at the rate of rupees five hundred per metric ton of molasses to be transported] at the rate of rupee one per metric ton of molasses to be transported.

Provided that on import and export of molasses an additional fee of rupees five hundred per metric ton will be applicable as transport fee for M-VI Permit. 

5[*]   Power to issue Transport Permits in form M-VI to persons holding license in form M-I   [ As per G. O.H.D. No. BPA 1093/I/PRO-2, dt. 16th October 1993]

The permit shall be in four parts and shall be dealt with as under :-

Part I shall be kept on the record in the office of the Collector or the officer granting the permit.

Part II shall be sent to the person supplying molasses.

Part III shall be handed over to the applicant for sending with the consignment and for record thereafter with his accounts.

Part IV shall be forwarded to the prohibition and Excise Officer of the place to which molasses are to be transported.

The license shall maintain at his licensed premises a register containing the names of the manager and all other persons employed by him for carrying on the operation of receipt, storage, issue, removal or use of molasses and shall furnish in writing to the Superintendent or District Inspector of Prohibition and Excise the list of persons so employed for carrying on the said operations.

Every person either permanently or temporarily employed by the licensee shall be provided with a round badge bearing a consecutive number and the name of the licensee. The licensee shall issue instructions to all persons employed by him to show, on demand, their badge to the Superintendent or District Inspector of Prohibition and excise or the Sub-Inspector of prohibition and excise or any other prohibition officer.

The Commissioner may appoint such supervisory staff as in his opinion is necessary for the proper supervision of all arrangements and operations connected with the receipt, storage, issue, removal and use of molasses.

No molasses shall be received into or issued by the licensee from the storage tanks or other receptacles except under the supervision of the officer, if any such officer is appointed by the Commissioner. All storage tanks and receptacles of molasses, in that case, shall locked by the licensee and the officer with separate locks;

Provided that nothing contained in this sub-rule shall apply to the carrying on of operations by the holder of a licence in Form M-I Connected with receipt and storage of molasses which are produced at his factory.

The licensee shall abide by the provisions of the Act and rules, regulations and orders made thereunder from time to time.

The licensee shall comply with all lawful orders and directions issued to him by the Commissioner or Collector within such time as may be specified by the Commissioner or the Collector in the order or direction.

The licensee holding a licence in Form M-I shall leave sufficient space in the cover of the tanks or receptacles to scoop out samples.

Molasses from the storage tanks or other receptacles required for use in any process at the factory or for use in the distillery attached to the factory shall be taken there through pipe connections under the supervision of the officers; but before doing so the licensee shall give an intimation to the officer stating the quantity of molasses so required, the tank or receptacle from which required and also the time when required.

The licensee shall, in a book paged and sealed with the seal of the Collector or Mamledar or Tahsildar, maintain day to day a true and correct account of molasses –

(a) separately stored by him in each storage tank, pit or receptacle in Form M-A, and

(b) stocked by him at his licensed premises in Form M-B.

The licensee shall submit a statement in Form M-C on or before the 7th day of every month showing the opening balance, receipts, issues and closing balance of molasses during the preceding month, to the Superintendent or the District Inspector or Prohibition and Excise through the –

(a) Prohibition and Excise Officer-in-charge of the distillery attached to the factory, or

(b) Central Excise Inspector-in-charge of the factory where there is no such distillery, or

(c) Prohibition and Excise Officer in whose jurisdiction the factory is situation if there is no such prohibition and Excise Officer, or

(d) Central Excise Inspector-in-charge of the distillery or factory.]

The licensee shall not receive his supplies of molasses from any person other than -

(i) a person who holds in the [State of Maharashtra ] a licence in Form M-I or M-III; or

(ii) a person who is directed by the State Government to sell molasses to him; or

(iii) a person outside the 2[State of Maharashtra].

All molasses received by the licensee at his premises shall be covered by a valid transport permit if brought from any place in the 2[State of Maharashtra] or by a valid import licence if brought from any place outside in the 2[State of Maharashtra].

Except as directed by the State Government under any law for the time being in force, the licensee holding a licence in Form M-II shall not sell or transfer any molasses possessed by him under the licence.

The licensee shall, in a book paged and sealed with the seal of the Collector or Mamledar or Tahsildar, maintain day to day a true and correct account of molasses held by him at his licensed premises in Form M-D.

The licensee shall submit a statement in Form M-E on or before the 7th day of every month showing the opening balance, receipts, issues and closing balance of molasses during the preceding month, to the Superintendent or the District Inspector of Prohibition and Excise through the local Prohibition and Excise Officer.]

The licensee holding a licence in Form M-III shall not receive his supplies of molasses from any person other than -

(i) a person who holds in the 1[State of Maharashtra] a licence in Form M-I or M-III;

(ii) a person who is directed by the State Government, the Commissioner or the Collector to sell molasses to him;

(iii) a person outside the 1[State of Maharashtra].

All molasses received by the licensee at his premises shall be covered by a valid transport permit if brought from a place in the 1[State of Maharashtra] or by a valid import licence if brought from any place outside the 1[State of Maharashtra].

The licensee shall in a book paged and sealed with the seal of the Collector or Mamledar or Tahsildar maintain day to day a true and correct account of receipts, sales and balances of molasses in Form M-F.

The licensee shall submit a statement in Form M-G on or before the 7th day of every month showing the opening balance, receipts, sales and closing balance of molasses during the preceding month, to the Superintendent or the District Inspector of Prohibition and Excise through the local Prohibition and Excise Officer.]