THE BOMBAY TOILET PREPARATIONS (SALES) RULES, 1954

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G. N., R. D., NO. 10484/45(B), dated 26th June, 1954

Whereas the Government of Bombay is satisfied that it is necessary to make and to bring into force the following rules at once without previous publication ;

Now, therefore, in exercise of the powers conferred by section 143 of the Bombay Prohibition Act, 1949 (Bom. XXV of 1949), and of all other powers enabling it in this behalf the Government of Bombay is pleased to make the following Rules, namely :—

1 Title.[View all order & notifications]

These rules may be called the Bombay Toilet Preparations (Sales) Rules, 1954.

2 Extent.[View all order & notifications]

In these Rules extend to the whole of the State of Maharashtra.

3 Definition.[View all order & notifications]

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

(1)

“ Act ” means the Bombay Prohibition Act, 1949 ;

(2)

“ Form ” means a form appended to these Rules ;

(3)

“ Licence ” means a licence granted under rule 5 ;

(4)

“ Licensed premises ” means the premises in respect of which a licence has been granted under rule 5 and includes a warehouse of a licensee approved by the Collector ;

(5)

(5) “ Licensee ” means a person who has been granted a licence under rule 5 ;

(6)

“ Spirituous toilet preparations ” means liquid tiolet preperations containing alcohol which are fit for use as intoxicating liquor. ”

4 Application for licence.[View all order & notifications]

Any person desiring to sell spirituous toilet preparations shall apply to the Collector for a licence to sell such preparations. The application 2[shall be accompanied by a chalan evidencing payment of a fee of Rs. 10 for such application and] shall contain the following particulars, namely :—

(i) Name and address of the applicant ;

(ii) Location of the shop or premises where spirituous toilet preparations will be sold with the name of the building and the name of street, city, town or village, as the case may be ;

(iii) Whether the applicant held any licence in the past to sell any kind of spirituous toilet preparations. If so, the period during which such licence was held.

5 Grant of licence.[View all order & notifications]

On receipt of the application, the Collector may make inquiries for verification of the details stated in the application and also 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 a licence in Form “ S. M. P. III ” on payment of 1[a fee of Rs. 100]

6 Duration of licence.[View all order & notifications]

A licence under rule 5 shall not be granted for a period beyond 31st March next following the date from which it commences.

6A Renewal of Licence.[View all order & notifications]

Any licence under rule 5 shall not be granted for a period not exceeding one year on payment of application fee of Rs. 5 and licence fee prescribed in rule, 5 unless there is reason to believe that there has been a breach of any of the terms and conditions of the licence and/or that the licensee has not been working the licence properly.”

7.[View all order & notifications] Kinds of spirituous toilet preparations which cannot be kept or sold. The licensee shall not keep in his licensed premises any spirituous toilet preparations which have not been lawfully obtained, transported or imported.

8.[View all order & notifications] Sale how made. All sales of spirituous toilet preparations shall be made subject to the issue of cash memo or an invoice. The original copy of such cash memo or invoice shall be sent along with the consignment and the duplicate shall be preserved by the licensee for the period of one year from the date of the sale. The cash memo or invoice shall show the name and address of the purchaser and the quantity of spirituous preparations sold by the licensee.

9 Regulation of business of licensee.[View all order & notifications]

(1) The licensee may carry on his business under the licence either personally or by an agent or servant duly authorised by him in this behalf.

(1)

The licensee may carry on his business under the licence either personally or by an agent or servant duly authorised by him in this behalf.

3 [(1-A)

The licensee shall maintain a register of day-to-day accounts in Form ‘A’ of spirituous toilet preparations received and sold by him and shall submit before the 7th of every month to the Superintendent of Prohibition and Excise or District Inspector of Prohibition and Excise, as the case may be, in Form ‘B’ of spirituous toilet preparations received and sold by him in the preceding month].

(2)

The licensed premises and all spirituous toilet preparationns therein contained shall at all times be open to inspection by any officer empowered under section 122 of the Act.

(3)

The licensee shall, when so required by any Prohibition Officer not below the rank of a Sub-Inspector of Prohibition and Excise, give an explanation in writing regarding any irregularity detected at his licensed premises and shall furnish any information regarding the management of the said premises. He shall answer all questions put to him to the best of his knowledge and belief. He shall also, if so required, allow any officer empowered under section 122 of the Act to take samples of spirituous toilet preparations, free of costs, for analysis.

(4)

The licensee shall provide a visit-book paged and stamped with the seal of the Collector or any other officer authorised by him in this behalf in which visiting officers may record any remarks when inspecting the licensed premises. The licensee shall, on the termination of the period of the licence, deliver up the visit book and the licence to the local Prohibition and Excise Inspector.

(5)

No person shall be recognised as the partner of the licensee for the purpose of this licence, unless the partnership has been declared to the Collector before the licence is granted and the names of the partners have been entered jointly in the licence or if the partnership is entered into after the granting of the licence unless the collector agrees , on application made to him in that behalf to allter the licence and add the name of the partner in the licence.

10 Licensee to abide by provisions of Act.[View all order & notifications]

(1)

The licensee shall comply with all lawful orders and directions issued from time to time by the Commissioner, Collector, Superintendent or District Inspector of Prohibition and Excise.

(2)

He shall abide by the Provisions of the Act and the rules, regulations and order made thereunder and the conditions of the licence and shall give an undertaking to that effect.

FORM S. M. P. III

(See rule 5)

Licence for the sale of Spirituous Toilet Preparations

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FORM A

See rule 9 (1-A)

Register of accounts of spirituous toilet preparationns received and sold by a person holding a licence in Form S. M. P. III.

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FORM B

See rule 9 (1-A)

Monthly return of spirituous toilet preparations received and sold during the month of ..... 20 .

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