THE BOMBAY MHOWRA FLOWERS RULES, 1950

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G.N.,R.D., NO. 5735/49 (A),, dated 22nd June, 1950

In exercise of the powers, conferred by section 143 of the Bombay Prohibition Act, 1949 (Bom. XXV of 1949), and in supersession of Government Notifications, Revenue Department, No. 1985-B, dated the 16th March 1893 and No. 10800/45 (a), dated the 23rd May 1949 and the Commissioner of Excise, Bombay’s Notification No. 23A-8/49, dated the 4th June 1949, the Government of Bombay is pleased to make the following rules, namely :-

1 Short Title Extent शीर्षक आणि व्याप्ती.[View all order & notifications]

(1)

These rules may be called the Bombay Mhowra Flowers Rules, 1950.

1[(2)

They extend to the whole of the State of Maharashtra]

2 Definitions व्याख्या.[View all order & notifications]

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

(a)

“Act” means the Bombay Prohibition Act, 1949;

(a-1)

“Authorised Officer” means an officer duly authorised by the Commissioner

(b)

“Form” means a form appended to these rules;

(c)

“Recognised body” means a person or a body of persons or an institution whether incorporated or not, recognized by the [Commissioner] as such for the purposes of these rules.

3 Eligibility for licence of possession or sale of Mhowra Flowers मोहा फुले बाळगणे व विक्री करणे परवान्यासाठीची पात्रता.[View all order & notifications]

A licence for the possession or sale of mhowra flowers may be granted to a person who is eligible for the grant of such licence under Government Order in the Revenue Department No. 5735/49, dated the 27th June 1950.

4 Application for Licence परवान्यासाठी अर्ज.[View all order & notifications]

(1)

Any person desiring to possess or sell mhowra flowers shall make an application 1[accompanied by a challan evidencing payment of a fee of Rs. 10 per such application] to the Collector or the authorised officer.

(2)

An application for a licence to possess mhowra flowers shall contain the following particulars, namely -

(i) the name and address of the applicant;

(ii) the correct address of the place where mhowra flowers will be stored or used;

(iii) the quantity of mhowra flowers which will be required for use per year in case of distillers and per month in the case of other persons;

(iv) the period for which the licence is required;

(v) the details of the use or uses to which the mhowra flowers will be put.

(3)

An application for a licence to sell mhowra flowers shall contain the following particulars, namely :-

(i) the name and address of the applicant;

(ii) the correct address of the place where mhowra flowers will be kept for sale;

(iii) the total quantity of mhowra flowers to be stocked for sale during the course of the licence period;

(iv) period for which the licence is required;

(v) whether the applicant is a trader or owner of mhowra trees or a recognized body.

5 Grant of Licence परवाना देणे.[View all order & notifications]

(1)

On receipt of an application under rule 4, the Collector or the authorised officer shall make inquiries of verification of the particulars given in the application and such other inquiries as he deems necessary. If he is satisfied that there is no objection to grant the licence applied for he may grant the applicant the licence on payment of the fee 2[(inclusive of consideration)] prescribed under sub-rule (2). The licence for the possession of mhowra flowers shall be in Form M.F.-I and the licence for the sale there of shall be in Fomr M.F.–II.

[(2)

The fees 2[(inclusive of consideration)] in respect of licences granted under sub-rule (1) shall be as specified in the Schedule appended to these rules].

6 Possession quantity of mhowra flowers मोहा फुले बाळगण्याचे परीमाण.[View all order & notifications]

Before granting any licence under rule 5 the Collector or the authorised officer shall, after making such enquiries as he deems necessary, fix the maximum quantity of mhowra flowers which the licensee may possess —

(i) during the period of the validity of the licence or at any one time; and

(ii) in the case of a licence to be granted for the possession of mhowra flowers for bona fide use other than use in distillation, during any one month.

7 Renewal of Licence परवाण्याचे नुतणीकरण.[View all order & notifications]

Every licence shall be granted for one year commencing on the 1st day of April and ending on the 31st day of March next following and may be renewed thereafter for a period of one year on each occasion : 1 [on payment of fees prescribed in sub-rule (1) of rule 4 and sub-rule (2) of rule 5]. Provided that a licence granted for the first time under these rules may be granted at any time after the 1st day of April up to the 31st March next following : Provided further that a licence for the possession of mhowra flowers may be granted or renewed for a period of less than one year, as the Collector or the authorised officer deems fit.

7-A Accounts and Monthly Return हिशोब ठेवणे व मासिक विवरणपत्रे.[View all order & notifications]

(1)

The accounts to be maintained by a person holding a licence for the possession of mhowra flowers shall be in Form M.F. -A, and the Monthly return to be furnished to the Prohibition and Excise Officer by such person shall be in Form M.F.-B.

(2)

The accounts to be maintained by a person holding a licence for the sale of mhowra flowers shall be in Form M.F.-C, and the monthly return to be furnished to the Prohibition and Excise Officer by such person shall be in Form M.F.-D].

8 No need of license to collect Mhowra flowers मोहा फुले गोळा करण्यास परवान्याची आवश्यकता नसणे.[View all order & notifications]

~~No permit for the collection of mhowra flowers shall be granted to any person unless —~~

~~(a) the mhowra flowers are the produce of trees belonging to him; or~~

~~(b) such person is lawfully entitled to the ownership of mhowra flowers of trees not belonging to him.~~

No permit for the collection of mhowra flowers shall be required

9 Deleted वगळले.[View all order & notifications]

Any person desiring to collect mhowra flowers make an application to the Collector of the place where mhowra flower trees are situated for a permit to collect such flowers. The application shall contain the following particulars, namely :—

~~(i) the name and address of the applicant;~~

~~(ii) the situation of the trees from which mhowra flowers are to be collected, i.e. survey number, village 3 [taluka or tahsil and district;]~~

~~(iii) the number of trees;~~

~~(iv) the name and address of the owner of trees;~~

~~(v) the place where the mhowra flowers will be transported after collection;~~

~~(vi) whether the applicant has got any licence for the possession or sale of mhowra flowers at the above palce; if so, its number and date;~~

~~(vii) the period for which the permit is required to be valid.~~

10.[View all order & notifications]

(1)

On receipt of an application under rule 9, the Collector shall make inquiries for the verification of the particulars given in the application and also such other inquiries as he deems necessary. If the Collector is satisfied that there is no objection to grant the permit applied for, he may grant such permit in Form M.F-III on payment of a fee 4[of rupees two]

(2)

~~The permit shall contain four parts which shall be dealt with as under:–~~

~~Part I shall be retained on the record of the officer issuing the permit;~~

~~Part II shall be given to the applicant;~~

~~Part III shall be sent to the Prohibition and Excise Officer of the place, where mhowra flowers trees are situated;~~

~~Part IV shall be sent to the Prohibition and Excise Officer at the place where mhowra are to be transported after collection.~~

11 No permit for the purchase of mhowra flowers मोहा फुले खरेदी करण्यास परवान्याची आवश्यकता नसणे.[View all order & notifications]

~~No permit for the purchase or transport of mhowra flowers shall be granted to any person unless such person holds a licence for the possession or sale of mhowra flowers.~~

No permit for the purchase of mhowra flowers shall be required

12 Deleted वगळण्यात आले..[View all order & notifications]

Any person desiring to purchase mhowra flowers shall make an application to the Collector or the authorised officer of the place where mhowra flowers are to be purchased for a permit to purchase such flowers. The application shall contain the following particulars, namely :

~~(1) the name and address of the applicant;~~

~~(2) whether the applicant holds a licence for the possession or sale of mhowra flowers and its number and the place in respect of which such licence is held;~~

~~(3) the quantity of mhowra flowers to be purchased;~~

~~(4) the name and address of the person from whom the mhowra flowers are to be purchased;~~

~~(5) the place where the mhowra flowers will be transported after purchase;~~

~~(6) the route by which the mhowra flowers will be transported;~~

~~(7) the period for which the permit is required to be valid.~~

13 Deleted वगळण्यात आले..[View all order & notifications]

(1)

On receipt of an application under rule 12, the Collector or the Authorised Officer shall make inquiries for verification of the particulars given in the application and also such other inquiries as he deems necessary. If the Collector or the Authorised Officer is satisfied that there is no objection to grant the permit applied for, he may grant such permit in Form M.F. – IV on payment of a fee in the case of a member of a Scheduled Tribe 1[ of Rs. 2 and in any other case, of Rs. 5]

(2)

~~The permit shall contain four parts which shall be dealt with as under :~~

~~Part I shall be retained on the record of the officer issuing the permit;~~

~~Part II shall be given to the applicant;~~

~~Part III shall be sent to the officer of the place where mhowra flowers are to be transported after purchase; and~~

~~Part IV shall be sent to the vendor from whom the mhowra flowers are to be purchased.~~

14 No permit for the transport of mhowra flowers मोहा फुले वाहतुकीस परवान्याची आवश्यकता नसणे.[View all order & notifications]

Any person desiring to transport mhowra flowers shall make an application to the Collector or the Authorised Officer for a permit to transport mhowra flowers. The application shall contain the following particulars, namely :

~~(i) the name and address of the applicant;~~

~~(ii) the number of the licence for the possession or sale, as the case may be of mhowra flowers held by the applicant;~~

~~(iii) the quantity of mhowra flowers to be transported;~~

~~(iv) the place from and to which the mhowra flowers are to be transported;~~

~~(v) the route by which the mhowra flowers will be transported;~~

~~(vi) the name and address of the person from whose premises mhowra flowers will be removed;~~

~~(vii) the number of licence held by the vendor;~~

~~(viii) the period for which the permit is required to be valid.~~

No permit for the transport of mhowra flowers shall be required

15 Deleted वगळण्यात आले..[View all order & notifications]

(1)

On receipt of an application under rule 14, the Collector or the Authorised Officer shall make inquiries for verification of the particulars given in the application and also such other inquiries as he deems necessary. If the Collector or the Authorised Officer, as the case may be, is satisfied that there is no objection to grant the permit applied for, he may grant such permit in Form M.F.-V on payment of a fee in the case of a member of a Scheduled Tribe 1[of Rs. 2 and in any other case, of Rs. 5.]

(2)

~~The permit shall contain four parts, which shall be dealt with as under:~~

~~Part I shall be retained on the record of the officer issuing the permit;~~

~~Part II shall be sent to the person supplying the mhowra flowers;~~

~~Part III shall be sent to the Prohibition and Excise Officer in whose jurisdiction the place of business of the permit-holder is situated; and~~

~~Part IV shall accompany the consignment and mhowra flowers and thereafter shall be kept by the permit-holder.~~

16.[View all order & notifications]

No pass for the import of mhowra flowers shall be granted to any person unless such person holds a licence for the possession or sale of mhowra flowers :

Provided that, such pass may be granted to other person provided the quantity to be imported does not exceed the prescribed limit in weight under sub-section (2) of section 60 of the Act and mhowra flowers are to be used for bona fide scientific, agricultural, educational, medicinal or domestic purpose.

17.[View all order & notifications]

Any person desiring to import mhowra flowers shall make an application to the Collector for a pass to import mhowra flowers. The application shall contain the following particulars, namely :

(a) the name and address of the importer :

(b) the number of the licence for the possession or sale, as the case may be, of mhowra flowers held by the applicant ;

(d) the quantity of mhowra flowers to be imported;

(e) the place from and to which mhowra flowers are to be imported;

(f) the route by which the mhowra flowers will be imported;

(g) the name and address of the person from whom the mhowra flowers are to be imported;

(h) the purpose or purposes for which the mhowra flowers are to be imported;

(i) the period for which the pass is required to be valid.

18.[View all order & notifications]

(1)

On receipt of an application under rule 17, the Collector shall make inquiries for verification of the particulars given in the application and also such other inquiries as he deems necessary. If the Collector is satisfied that there is no objection to grant the pass applied for, he may grant such pass in Form M.F. – VI 1[on payment of a fee of “Rs. 10]

(2)

The pass shall contain four parts, which shall be dealt with as under :

Part I shall be retained on the record of the officer issuing the pass :

Part II shall be sent to the person from whom the mhowra flowers are to be imported;

Part III shall be sent to the Prohibition and Excise Authority of the place from which mhowra flowers are to be imported; and

Part IV shall be handed over to the applicant and it shall accompany the consignment under import and thereafter be kept with the applicant.

19.[View all order & notifications]

No pass for the export of mhowra flowers shall be granted to any person unless such person holds a licence for the possession or sale of mhowra flowers or a permit for buying mhowra flowers :

Provided that, such pass may be granted to other persons provided the quantity to be exported does not exceed the prescribed limit in weight under sub-section (2) of section 60 of the Act.

20.[View all order & notifications]

Any person desiring to export mhowra flowers shall make an application to the Collector for a pass to export such flowers. The application shall be accompanied by an import authorisation or a no-objection certificate issued by an officer duly authorised in this behalf of the place to which mhowra flowers are to be exported and shall contain the following particulars, namely :

(a) the name and address of the exporter;

(b) the number of the licence for the possession or sale of mhowra flowers held by the applicant or the number of permit for buying mhowra flowers, if any, held by him;

(d) the place from and to which mhowra flowers are to be exported;

(e) the route by which mhowra flowers will be exported ;

(f) the name and address of the person to whom the mhowra flowers are to be exported;

(g) the period for which the pass is required to be valid;

(h) the number and date of the import authorisation or no objection certificate granted by the Excise Authority of the place to which mhowra flowers are to be exported.

21.[View all order & notifications]

(1)

On receipt of an application under rule 20, the Collector shall make inquiries for verification of the particulars given in the application and also such other inquiries as he deems necessary. If the Collector is satisfied that there is no objection to grant the pass applied for, 1[he may] grant such pass in Form M.F.-VII 2[on payment of a fee of “Rs. 10]

(2)

The pass shall contain four parts, which shall be dealt with as under :

Part I shall be retained on the record of the officer issuing the pass;

Part II shall be sent to the person supplying the mhowra flowers;

Part III shall be send to the officer of the place to which mhowra flowers are to be exported and who has issued the import authorisation or no-objection certificate; and

Part IV shall accompany the consignment of the mhowra flowers and thereafter it may be kept by the person to whom the mhowra flowers are sent.

22.[View all order & notifications] Nothing in the aforesaid rules shall apply to the collection, transport, sale, purchase or possession of mhowra flowers permitted under the first proviso to sub-section (2) of section 60 of the Act or to the transport by rail of such flowers permitted under the second proviso to the said sub-section (2).

7-B Shifting of Licence परवाण्याचे स्थलांतर.[View all order & notifications]

The licence granted under rule 5 may be allowed to shift within the same district with the approval of the Collector or the authorized officer.”