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THE BOMBAY NEERA RULES, 1951

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G. N., R. D. NO. 3838/45, dated 26th June, 1951

  1. G. N., R. D. No. NRA. 1053, dated 8th December, 1953
  2. G. N., R. D. No. NRA. 1154-, dated 9th July, 1955
  3. G. N., R. D. No. NRA. 2060/2308-J, dated 1st March, 1960
  4. G. N., II. D. No. NER. 1062/28207-III,, dated 14th March, 1963
  5. G. N., II. D. No. NER. 1162/56352-III,, dated 30th April, 1963
  6. G. N., II. D. No. BPA. 1059/55336-III,, dated 25th July, 1963
  7. G. N., II. D. No. NER. 1062/46095-III,, dated 30th January, 1965
  8. G. N., II. D. No. NER. 1162/56352-III,, dated 6th May, 1965
  9. G. N., II. D. No. NER. 1465/80972-III,, dated 19th April, 1967
  10. G. N., II. D. No. NER. 1468-III,, dated 7th February, 1969
  11. G. N., II. D. No. NER. 1068-III,, dated 25th February, 1970
  12. G. N., II. D. No. NER. 1867/617941-III,, dated 4th January, 1972
  13. G. N., II. D. No. NER. 1070/1753-III, dated 4th January, 1972
  14. Corrig., II. D., No. NER. 1068-III, dated 10th April, 1972
  15. G. N., II. D. No. NER. 0273/3-III,, dated 9th October, 1974
  16. G. N., II. D. No. NER. 0279/100/PRO-3,, dated 16th January, 1980
  17. G. N., II. D. No. NER. 0279/100/PRO-3,, dated 11th September, 1981
  18. G. N., II. D. No. NER. 0279/100/4859/PRO-3,, dated 14th March, 1984
  19. G. N., II. D. No. NER. 0881/139(1)PRO-3,, dated 12th June, 1984
  20. G. N., H. D. No. NER. 0285/1/PRO-3,, dated 5th December, 1985
  21. G. N., H. D. No. 0285/1/PRO-3,, dated 15th April, 1989
  22. G. N., H. D. No. NER. 0285/1/PRO-3,, dated 16th February, 1991
  23. G. N., H. D. No. NER. 0265/1/EXC-3,, dated 12th October, 1992
  24. G. N., H. D. No. NER. 0285/1/EXC-3,, dated 7th February, 1994

In exercise of the powers conferred by Section 143 of the Bombay Prohibition Act, 1949 (Bom. XXV of 1949), and in supersession of Government Notification in the Revenue Department No. 3838/45, dated the 21st January 1949, the Government of Bombay is pleased to make the following rules, namely :


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

These rules may be called the Bombay Neera Rules, 1951.


2 Definitions व्याख्या.[View all order & notifications]

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

(a)

“Act” means the Bombay Prohibition Act, 1949;

(b)

“Form” means a form appended to these rules;

(c)

“Inspector of Prohibition and Excise” includes a 1 [Sub-Inspector of Prohibition and Excise in charge of a taluka, Tahsil, Petha or Mahal] or any other officer specially appointed for the purpose;

(d)

“licence” means a licence granted under these rules;

2 [(da)

“Neera of standard quality” means the Neera which is—

(i) transparent,

(ii) syrupy,

(iii) sweet in smell and taste,

(iv) without the slightest foam on its surface,

(v) without any tings, and

(vi) without any acid or alcoholic fermentation;]

(e)

“tree” means a neera-producing tree.


3 Application for licence परवान्यासाठी अर्ज.[View all order & notifications]

Any person desiring.— (i) to tap trees and draw neera therefrom—

(a) for the manufacture of gur or any other article which is not an intoxicant, or

(b) for the supply of neera—

(i) to persons licensed to manufacture gur or any other article which is not an intoxicant from neera ; or

(ii) to persons licensed to sell neera by retail for consumption on premises, or

(c) for domestic consumption with the prior permission of the 1 [Commissioner of Prohibition and Excise;]

(ii) to sell neera by retail for consumption on premises, may make an application in the form appended hereto for a licence to the Collector at least one month before the date of tapping a tree or the sale of Neera, as the case may be. An application for tapping trees situated on any Government land shall be accompanied by a certificate from the Government Department concerned to the effect that the applicant has been granted permission to tap the trees. The Collector may either grant or refuse the licence. In case of refusal, the Collector shall record his reasons in writing for refusing the licence. If the Collector decides to grant a licence, he shall issue the same in the appropriate form ordinarily within one month from the date of the receipt of the application; but he may for any special reasons to be record by him in writing issue the same after the expiry of the said period.(ii) to sell neera by retail for consumption on premises, may make an application in the form appended hereto for a licence to the Collector at least one month before the date of tapping a tree or the sale of Neera, as the case may be. An application for tapping trees situated on any Government land shall be accompanied by a certificate from the Government Department concerned to the effect that the applicant has been granted permission to tap the trees. The Collector may either grant or refuse the licence. In case of refusal, the Collector shall record his reasons in writing for refusing the licence. If the Collector decides to grant a licence, he shall issue the same in the appropriate form ordinarily within one month from the date of the receipt of the application; but he may for any special reasons to be record by him in writing issue the same after the expiry of the said period.


3A Delated वगळण्यात आले.[View all order & notifications] 2* * * * * *


4 Period of licence परवान्याचा कालावधी.[View all order & notifications]

A licence shall ordinarily be granted for a period of one year from the 1st day of July to the 30th day of June next following (both days inclusive) : Provided that, the licence granted on a date subsequent to the 1st day of July shall be granted only for the period from such date to the 30th day of June next following.


5 Delated वगळण्यात आले.[View all order & notifications]

2* * * * * *


6 Place of manufacture or of sale उत्पादन किंवा विक्रीचे ठिकाण.[View all order & notifications]

(1)

The manufacture of gur or any other article which is not an intoxicant shall be carried on at the place specified in the licence (hereinafter called “the place of manufacture”). Neera shall be sold at the place mentioned in the licence (hereinafter called “the place of sale”). The licensee shall not tap any trees in excess of the number which he is licensed to tap.

(2)

No licence for the taping of trees beyond a radius of half a mile from the place of manufacture shall be granted :

Provided that, the Collector may in his descration grant licence for the tapping of trees beyond such radius if he is satisfied that for any special reasons such licence is necessary.


7 Ineligibility for licence परवान्यासाठी अपात्रता.[View all order & notifications]

No licence to tap trees and draw, supply or sell neera shall be issued to any one who holds or has any direct or indirect interest in any toddy shop or booth.


8 Condition of tapping झाड छेदण्यासाठीच्या अटी.[View all order & notifications]

No tree, which is less than 3 [152 cms.] in height from the ground level, shall be tapped nor neera drawn therefrom. No tree shall be tapped nor shall any pot be attached to any tree for the purpose of drawing neera therefrom until the licence therefor has been issued and until the trees have been marked and numbered by the licensee in the manner specified in Rule 9. Juice from any coconut, brab, date or any kind of palm tree shall not be drawn except in receptacle. Such receptacle before it is used for drawing and collecting neera shall be washed with a freshly prepared solution of permanganate of potash and water. After it is so washed it shall be washed again with pure water in order to make it absolutely clean. After the receptacle is washed and rewashed as provided above, fresh milk of lime shall be put in such receptacle in the proportion of 3 cubic centimetres for every 3 [900 ml.] of neera to be drawn therein.

Explanation.—In this rule—

(i) “milk of lime” means the solution of water and pulp of quicklime in the pro portion of 4:1; and

(ii) “pulp of quicklime” means the pulpy precipitate obtained by the gradual addition of water to quicklime.


9 Marking and numbering of trees झाडांना चिन्हांकित करणे व क्रमांक देणे.[View all order & notifications]

(1)

No tree shall be tapped unless it is marked by blue with 1[23 cms.] square in which shall be prominently painted in white the number of the tree, the licence year and the appropriate figures as provided in sub-rule (2). The marking and numbering should be at a height of 1[76 cms.] measured from the bottom of the tree, and on the nothern or southern side of the trunk of the tree as the tapping will be done on the eastern or western side of the crest of the trees :

2[Provided that, the marking and numbering on a coconut, palmyra or brab tree may be on any side of the trunk of the tree].

(2)

The licensee shall paint the figures specified in column (2) of the table below according as the tree is intended to be tapped for any of the purposes specified against them in column (1) of the said table.

Table.

Table

(1) (2)

Manufacture of gur or any other article which is not an intoxicant . . I

Domestic consumption . . . . . . . . . . II

Sale of Neera . . . . . . . . . . III

Supply of Neera . . . . . . . . . . IV

 


10 Authorisation Certificate प्राधिकार प्रमाणपत्र.[View all order & notifications]

4[(1)]

Every agent or tapper employed by the licensee in connection with his licence shall be provided with an 5[authorisation certificate] signed and dated by the licensee. The name of such employee together with the date on which he is appointed shall be communicated forthwith in writing by the licensee to the Inspector of Prohibition and Excise having charge of the area in which the place of manufacture or place of sale, as the case may be, is situated. 5[Within two months of the date of appointment of such employee, the licensee shall get such 3[authorisation certificate] countersigned by the said Inspector of prohibition and Excise and if he fails to do so, such 3[authorisation certificate] shall cease to be valid. No 3[authorisation certificate] shall be issued to any person under 21 years of age, and no such 3[authorisation certificate] if issued shall be valid.

(2)

Notwithstanding anything contained in the Bombay Prohibition (Privileges Fees) Rules, 1954, no fee shall be chargeable for any 3[authorisation certificate] issued by a licensee holding a licence for any of the purposes specified in 3[rule 31].


11 Time नीरा काढणे व उतरवण्याच्या वेळा.[View all order & notifications]

No neera shall be drawn or lowered down from trees 3[before 4-00 a.m. or after sunset,] unless otherwise sanctioned by the Commissioner of Prohibition and Excise.


12 Use of Neera नीरेचा वापर.[View all order & notifications]

No neera drawn from trees tapped under a licence and intended to be utilised in the manufacture of gur or any other article which is not an intoxicant shall be kept at the place of manufacture 6[beyond the day on which it is drawn unless it is kept in cold storage under the temperature at or below 40C or unless] it is boiled and no such boiled neera shall be kept for more than 24 hours from the time it is boiled.


13 Transport of Neera नीराची वाहतूक.[View all order & notifications]

Neera drawn under the licence shall not be mixed or adulterated with toddy or 6[any substance or liquid which is injurious to human health which is likely to cause fermentation in the neera] or taken to any place except under a valid transport pass : Provided that, no such pass shall be necessary to the holder of a licence in Form N-II for the removal of the neera drawn by him from the licensed trees to the place of his residence.


14 Inspection of trees झाडांची तपासणी.[View all order & notifications]

Any person tapping trees for drawing neera under these rules shall bring down the receptacles attached to any of the trees so tapped for inspection on demand by any officer of the Prohibition and Excise, Revenue or Police Department, above the rank of a constable.


15 Registers नोंदवह्या.[View all order & notifications]

(1)

A person holding a licence in Form N-I, N-III and N-IV shall maintain registers in Forms—

N=I/R N=III/R and N=IV

respectively and write therein true accounts from day today of all neera transactions :

(2)

A person holding a licence in Form N-IV shall also maintain a register of persons holding a licence in Form N-I and N-III and neera supplied to them from day to day in Form N-IV/NR.

(3)

The pages of registers maintained under sub-rules (1) and (2) above shall be serially numbered and scaled with the seal of the Mamlatdar or Mahalkari, Tahsildar or Naib-Tahsildar.

(4)

A person holding a licence in Form N-I, N-III or N-IV shall submit to the local Inspector of Prohibition and Excise not later than the 7th of each month, monthly returns in Forms N-I/S, N-III/S and N-IV/S respectively showing the abstract of all neera transactions for the preceding month.]


16 Inspection of the place of Manufacture or sale उत्पादन किंवा विक्री ठिकाणाची तपासणी.[View all order & notifications]

The place of manufacture or the place of sale as wells the registers shall be open to inspection by any officer of the Prohibition and Excise Department not lower in rank than that of a Sub-Inspector or any other officer or person duly authorised in this behalf. The officer or the authorised person shall record his observations in the inspection book maintained by the licensee.


17 Penalty दंड.[View all order & notifications]

In the event of any breach of any of the provisions of these rules or of any of the terms or conditions of the licence granted under these rules, the licence shall be liable to be cancelled or suspended under section 54 or 56 of the Act, without prejudice to any penalty to which the licensee may be liable under the said Act or any other law for the time being in force.



FORM N I

Licence for the tapping of neera-producing trees and drawing neera therefrom for the manufacture of gur or any other article which is not an Intoxicant

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FORM N II

Licence to tap Neera-producing Trees and draw Neera therefrom for Domestic Consumption

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FORM N III

Licence for the retail sale of neera for consumption on premises

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FORM N IV

Licence to tap and draw Neera from Nira-producing trees for the supply of Neera to persons Manufacturing gur or any other article which is not an intoxicant from Neera or to persons licensed to sell neera by retail for consumption on premises

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FORM OF APPLICATION NEERA

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REGISTER FORM NO. N-I / R

See rule 15(1)

Register of Neera drawn and used in the manufacture of Gur and other Articles of the Plam-Gur

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REGISTER FORM NO. N-III/ R

See rule 15(1)

Register of Receipts and Sales of Neera at the Neera Retail Sale

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REGISTER FORM NO. N-IV/NR

See rule 15(2)

Register of the Neera Retail Sale Licence holders and Gur manufacturing Licence holder to whom Neera is supplied

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REGISTER FORM NO. N-IV/R

See rule 15(1)

Register of Neera drawn and supplied from the Neera Supply Centre

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FORM NO. N-I/S

See rule 15(4)

Return showing Neera drawn and used in the manufacture of Gur and other articles at the Palm-Gur Centre

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FORM NO. N-III/S

See rule 15(4)

Return showing the Receipts and Sales of Neera at the Retail Sale Centre

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FORM NO. N-IV/S

See rule 15(4)

Return showing Neera drawn and supplied from the Neera Supply Centre

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Rules NO