THE MAHARASHTRA COUNTRY LIQUOR RULES, 1973

These rules may be called the Maharashtra Country Liquor Rules, 1973.

They extend to the whole of the State of Maharashtra.

“Act” means the Bombay Prohibition Act, 1949 ;

“Authorised Officer ” means an Officer authorised by Government to grant permits for the purchase, possession, transport, use and consumption of country Liquor ; 

“Chemical Analyser” means the Commissioner, Forensic Science Laboratory and Chemical Analyser to the Government of Maharashtra or Government Analyst, Drugs Control Laboratory, Bombay 3 [or Director, Haffkine Institute for Training Research and Testing, Bombay or Officer incharge, State Excise Chemical Laboratory, Bombay or Vasantdada Sugar Institute, Pune] or any other Officer appointed by the State Government as Chemical Analyser for the purposes of these rules;

“Compounding” means the manufacture of country liquor by addition of pure filered water or a flavouring or colouring matter or both, to spirit or to any liquor obtained by distillation ;

“Country Liquor” means colourless liquor, manufactured either by the process of distillation or by compounding or blending spirits, with or without essence and flavouring substances, and without addition of any colour but does not include country liquor which is declared for the purposes of the Act, to be foreign liquor, under the proviso to clause (17) of section 2 of the Act.”

“Country Liquor” means liquor manufactured either by the process of distillation or by compounding or blending spirits with or without essence and flavouring substance but does not include country liquor which is declared for the purposes of the Act, to be foreign liquor, under the proviso to clause (17) of section 2 of the Act.”

“excise supervision” means supervision over the operations and transactions at a country liquor manufactory by a Prohibition and Excise Officer appointed in that behalf by the Commissioner, or any Prohibition and Excise Officer duly empowered by the State Government ;

 5 [*] deleted.

“Form” means a form appended to these rules ;

“licence” means a licence granted under these rules ;

“licensee” means a person who holds a licence under these rules ; 

“licensed retail shop” or “licensed shop” means premises in respect of which a licence has been issued under these rules for the retail sale of country liquor; 

“manufactory” means that portion of the premises of a distillery specially set apart for the manufacture, packing storage, and issue of country liquor ; 

“Manufactory Officer” means a Prohibition and Excise Officer appointed for the purpose of supervising operations and transactions in a manufactory ; 

“Manufacturing room” means that portion of the manufactory specially set apart for the manufacture of country liquor ;

“permit holder” means a person holding a permit under these rules or a permit holder under the Bombay Foreign Liquor Rules, 1953 ;

“permit” means a permit granted under these rules for the purchase, possession, transport, use and consumption of duty paid country liquor or a permit granted under the Bombay Foreign Liquor Rules, 1953 for the purchase, possession, transport, use and consumption of duty-paid foreign liquor ;

“spirit room” means that portion of a manufactory specially set apart for the storage of spirit ; 

“store room” means that portion of a manufactory specially set apart for the storage of non-duty paid country Liquor in bottle or other approved receptacles duly sealed, or in both] 

“Superintendent” means a Superintendent of Prohibition and Excise ; 

“warehouse” means the premises used for the storage and sale by wholesale of duty paid country liquor ;

words or expressions used in these rules but not defined in these rules shall have the meanings respectively assigned to them in the Act. 

any person 5 [***]desiring to manufacture country liquor shall make an application in Form C.L.A. for a licence in that behalf to the Commissioner along with a challan evidencing payment of a fee of 3 [Five hundred Rupees (Rs. 500)] for such application. The application shall be accompanied by a plan in quadruplicate containing a full description of the premises and material, utensils, implements or apparatus required for manufacturing country liquor the applicant shall also submit with the application four signed copies of a statement explaining the process which he desires to adopt for manufacturing each kind of country liquor.

If the Commissioner is satisfied, that the materials utensils, premises, plant and implements or apparatus to be used in connection with the manufacture of Country Liquor and arrangements for the storage and issue thereof are suitable, he may, with the previous sanction of the State Government, grant a licence in form C.L.I. to the applicant (hereinafter referred to as manufactory licensee) on payment of a 1 [fee (inclusive of consideration)] of 2 [ Rupees one lack fifty thousand (Rs. 1,50,000)] or may, after recording the reasons therefore refuse to grant it, and inform the applicant of the decision. On a licence being granted, the Commissioner shall retain with him the original of the plan and of the statement explaining the process forwarded by the applicant, forward the duplicate and triplicates thereof to the Manufactory Officer and the superintendent respectively, and return the quadruplicates together with the licence to the applicant duly signed and stamped with the seal of the Commissioner.

No licence shall be granted for a period beyond 31st March next following the date of the commencement of the licence :

Provided that in respect of licences granted prior to 1st April 1973, the period of the licence shall stand extended upto 31st March 1974.

Any licence granted under rule 3 may subject to the provisions of this rule be renewed by the Commissioner with the previous sanction of the State Government for a period not exceeding one year at a time on payment of renewal 1 [fee (inclusive of consideration) of rupees [One lack fifty thousand (Rs. 1,50,000)] unless the State Government or the Commissioner has reason to believe that there has been a breach of any of the terms and conditions of the licence or that the manufactory licensee has not been working the licence property.

An application in Form C.L.A. 3 [alongwith a challan evidencing payment of a fee of Rs. 25/- for renewal of a licence shall be made two months before the expiry of the licence or such other extended period as the Commissioner may by order specify in this behalf, through the Manufactory Officer and the Superintendent concerned, provided that where there is no change in the particulars furnished in the original application, they need not be furnished afresh, but it shall be certified accordingly.

A manufactory licensee shall provide in the Manufactory separate rooms or compartments having their grills embedded in cement for the following purposes, namely :—

(a) storing spirit ;

(b) manufacturing and bottling operations ;

(c) storing duly manufactured country liquor in sealed bottles 4 [and other approved sealed receptacles.]

No such room or compartment shall be used for more than one of the said purposes, unless specially authorised by the Commissioner for reasons to be recorded by him in writing.

Every room or compartment in the Manufactory shall be well ventilated, and all the windows thereof shall be properly secured and wirenetted. Every such room or compartment shall bear on the outside a sign-board on which shall be ligibly painted, the purpose for which the room or compartment is used ; and every room or compartment shall be provided with Excise Ticket, or Revenue or other approved lock.

After the licence has been granted, no addition to, or alteration in, any room or compartment or any of the permanent fixtures to the manufactory shall be made without the previous approval in writing of the Commissioner.

All pipes from sinks or wash-basins inside the Manufactory premises shall discharge into covered drains forming a part of the general drainage system of the premises. 

All gas and electric connections within the Manufactory premises shall be fixed in such manner as to ensure that the supply of gas or electricity can be cut-off and all the regulators or switches securely locked at the end of the days work.

Unless otherwise directed by the Commissioner in writing, there shall be only one entrance to the Manufactory and one Emergency exit, and one door to each of its or other approved locks during the absence of the Manufactory Officer. The Emergency exit shall be kept closed with approved lock, and shall be opened only on emergent occasions.

A manufactory licensee shall cause to be legibly painted and shall keep so painted. On some conspicuous part of every vat or other vessel intended to be used by him in his business, the purpose for which it is intended to be used.

When more than one vat or vessel or room is used for the same purpose, all such vats or vessels or rooms shall bear distinctive serial numbers. 

all vats, vessels and other receptacles shall be placed and fixed in such manner as to ensure that the contents can be accurately ascertained by gauge or approved measure, and shall not be altered in shape, position or capacity without two days notice in writing to the manufactory Officer. 

All vats, vessels and receptacles shall be gauged by the Manufactory Officer and the manufactory licensee jointly and tables prepared by the manufactory Officer showing the total capacity of each vessel in litres and the capacity at each centimeter and 2 mm. depth. Record of these details shall be kept in a register in Form C.L. IV

No vessel which has been altered in shape position or capacity shall again be taken into use, unless it has been regauged by the Manufactory Officer and new tables therefor are prepared by him, if necessary. 

All transactions pertaining to the receipt, transport and storage of spirit and country liquor and manufacture, bottling and issues of country liquor shall be under excise supervision. The Commissioner shall, according to the direction made under section 58-A of the Act by the State Government, station such staff at the Manufactory for excise supervision as is considered necessary and the cost of such staff shall be paid to the State Government by the manufactory licensee quarterly in advance

The manufactory shall not be kept open except during factory hours on normal factory working days. The Excise Supervisory staff posted at the manufactory shall not be entitled to a Public Holiday, if it is not a Factory Holiday not will that staff be eligible for overtime allowance for the work done on such public holidays. On any emergent, occasions the manufactory licensee may, with the previous written permission of the Superintendent, keep the Manufactory open on any factory holiday. In such cases, the manufactory licensee shall pay to the State Government overtime charges at the rates prescribed by the Commissioner for time to time.

A manufactory licensee shall provide and maintain in the Manufactory sufficient number of accurate scales, weights and measures and other necessary appliances to enable the manufactory Officer or such other Officer as may inspect the Manufactory to take account of or check by weight , gauge or measure, all materials, spirit and country liquor in the Manufactory, and provide sufficient lights, ladders and other conveniences to enable the Prohibition and Excise staff to perform their duties.

A manufactory licensee shall also provide in the Manufactory proper gauge, rods and a standard Thermometer and Hydrometer.

A manufactory licensee shall not obtain his requirements of spirit except from a licensed Distillery or a Bonded Warehouse or any other authorised source unless he obtains a release order from the Commissioner and under a valid transport pass or permit.

The spirit required for the manufacture of country liquor shall be obtained in the following manner :

(a)A manufactory licensee desiring to purchase and transport in bond spirit from a Distillery shall submit an indent in Form C L. V in triplicate to the Manufactory Officer. The Manufactory Officer shall make such enquiries as he deems necessary, and if he is satisfied that there is no objection to allow the transport in bond of spirit indented for, he may countersign the indent. The original copy of the indent duly countersigned by the Manufactory officer shall be sent by the person indenting to the Officer- in-charge of Distillery.

(b)The duplicate shall be sent by the Officer-in-charge, to the Prohibition and Excise Inspector in whose charge the licensed manufactory is situated. The triplicate copy shall be retained as Office Copy.

(c) On receipt of the original copy of the indent, the Distillery Officer shall, if he is satisfied that there is no objection, allow the issue of spirit after issuing a pass in Form C. L. VI.

(d)The Officer in charge of the Distillery shall keep Part I of the Pass in Form C. L. VI on his record, shall also fill in the particulars to be filled in by him on the reverse of Parts II and III of the pass, and shall hand over Part II and III of the pass to the purchaser duly endorsed.

(e) On arrival of the consignment at the Manufactory, the Manufactory Officer shall examine the seals, and if he has no reason to believe that the consignment has been tampered with, admit the consignment into the spirit room of the Manufactory.

(f) The Manufactory Officer shall measure, and then draw samples from each cask or drum or approved receptacle and examine them to see that the particulars as regards the quantity and strength of spirit actually realeased correspond with those given by the Distillery Officer in Parts II and III of the pass accompanying the consignment. The consignment shall then be entered in the register in Form C. L. VII maintained by him for the purpose. He shall then return Part III duly completed to the Distillery Officer, and retain Part II on his record. In case of any wastage of spirit found by the Manufactory Officer on arrival of the consignment in excess of the sanctioned wastage of 1/2 per cent per 160 kilometers, he shall report the fact to the superintendent for obtaining the orders of the Commissioner as regards the amount of duty to be levied on such excess wastage from the person liable to pay the same. The Officer-in-charge of the Distillery shall be responsible to see that the Part III of the passes issued by him are received back by him and filled serially.

(g) The transport in bond of spirit by the manufactory licensee from a licensed distillery or a licensed, bonded warehouse shall be as provided in clauses (a) and (b) above notwithstanding anything contained in the other rules made under the Act. 

Spirit shall be issued from the spirit room to the manufacturing room on a requisition form a manufactory licensee which shall be made in Form C.L., VIII in such quantities as are required for the manufacture of a batch of country liquor. All such spirit in the manufacturing room shall be kept untouched until the Manufactory Officer, has recorded its quantity and strength in form C.L., IX. Such spirit shall then in the presence of the Manufactory Officer be added to water and other materials for the preparation of country liquor.

Only pure filtered water shall be used in the manufacture of country liquor.

Each batch of country liquor manufactured shall be registered, and shall bear a distinctive number which shall be known as it registered batch number in the register in Form C.L., IX. The register shall also show the receipt and disposal of all spirit issued to the manufacturing room from the spirit room and the quantity of all finished country liquor manufactured therefrom.

On completion of manufacture of a batch of country liquor, the licensee shall declare its true strength in column 12 of the register in Form C.L., IX.

The Manufactory Officer shall then check the entries, and if they are found to be in order, he shall initial the relevant entries in the register in Form C.L., IX.

Unless otherwise permitted by the Commissioner, country liquor so prepared shall be 1 [filled in containers of capacities of 200 bulk litres, 100 bulk litres or 50 bulk litres, or] bottled in bottles of the capacities of 180 mililitres, 375 mililitres and 750 millilitres. 2 [The containers shall be of the material and type as prescribed by the commissioner.]

3 [All bottles or containers] of country liquor shall bear labels in Marathi showing the name of the manufacturer, the strength and variety of country liquor, the place of manufacture, the batch number, 6, 7, 8, 9[month & year of manufacture maximum retail price (inclusive of all taxes and duties), statuory warning “consumption of liquor is injurious to health”] and the guaranteed fluid contents of 3 [each bottle or container] in bold letters.

(24A) A statutory warning “Consumption of Alcohol is injurious to health. Be safe— Don’t Drink and Drive” in the format and as prescribed by the Food Safety and Standards Authority of India (FSSAI) from time to time shall be printed on every label of all bottles or containers of country liquor.

The strength of any variety of country liquor shall be as may be fixed by the Commissioner from time to time.

The 3 [bottles and containers] to be used for the purpose of filling or bottling country liquor shall be properly cleaned and washed The material used for bottles and containers shall be only glass and it shall be embossed with words ‘FOR SALE IN MAHARASHTRA STATE ONLY’ in bold letters either in Marathi or in English.

Immediately after 4 [the bottles or containers] are filled in, they shall be capsuled, sealed and labelled before being removed to the store room. The capsule shall be metallic pilferproof or such other kind as may be approved by the Commissioner from the time to time, and shall be firmly fixed in position by a capsuling machine or any other suitable appliance 5 [Casks or Keg shall also be properly closed with bungs, sealed] and labelled and then removed to the store room.

A manufactory licensee shall not mix the produce of one batch with that of another, except in his manufacturing room. No such mixing shall be carried out, unless previous notice is given by him in writing to the Manufactory Officer. The manufactory licensee shall specify the quantity and strength of the spirit or country liquor of each batch before mixing and after mixing. 

An account of the manufacture and bottling transactions in the manufacturing room shall be recorded before removal to the store room in the register in Form C.L., IX.

A manufactory licensee shall store all the country liquor manufactured and 1 [bottled or filled in containers] in the store room and nowhere else. The manufactory licensee shall maintain a account of the stock of country liquor received in the store room and issued therefrom in Form No. C.L.X which shall be written daily.

A manufactory licensee shall keep the licensed premises and all the goods therein open for inspection and examination at all times by the Commissioner, the Collector, the Superintendent or an Officer of the Food and Drugs Administration or any other Officer empowered under Section 122 of the Act. The manufactory licensee shall render all assistance in such inspection and examination.

The licensee shall, when so required by the Commissioner, Collector, Superintendent, Manufactory Officer or by any Officer empowered by the Commissioner in this behalf, 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 reasonable questions put to him to the best of his knowledge and belief.

A manufactory licensee shall maintain a Visit Book paged and sealed with the seal of the Superintendent in which visiting Officers may record any remark on inspecting the licensed premises. The manufactory licensee shall, on the termination of the period of the licence, deliver the Visit Book, the accounts and the licence to the Superintendent.

A manufactory licensee shall not discontinue the manufactory unless he has given three calendar months notice to the Commissioner.

All the manufacturing and bottling operations shall be conducted under hygenie conditions.

A manufactory licensee shall abide by all rules, regulations and orders made from time to time under the Act. 

All coloring and flavoring substances to be used by a manufactory licensee shall be kept on the licensed premises under lock and key. A sample from each kind of such substance shall be sent through the Manufactory Officer by a manufactory licensee immediately on receipt to the Chemical Analyser and no such substance shall be used by the manufactory licensee, unless the Chemical Analyser has approved the same as suitable in the manufacture of country liquor. In the event of any such substance remaining unused for over twelve months from the date of its receipt in the manufactory fresh samples shall be submitted for examination in the same manner:

Provided that the licensee may not send the sample from each kind of such colouring and flavouring substance for analysis, if such, substance is obtained from persons including companies or firms manufacturing such substance and such persons as are approved by the Commissioner and the person manufacturing such substance certifies that the substance supplied to the manufactory licensee conforms to the standard prescribed by or under the Prevention of Food Adulteration Act, 1954 and the rules framed thereunder and that such substance has not remained unused for over 12 months from the date of receipt by the manufactory licensee.

Correct accounts of all colouring and flavouring substances in the Manufactory shall be maintained by a manufactory licensee in Form C. L. XI. The accounts shall remain in the custody of the Manufactory Officer who shall check them at the end of each day’s work.

A manufactory licensee shall maintain accounts in proper forms and registers as required by these rules. The accounts shall be written every day and got checked and attested every day by the Manufactory Officer, at the close of the day. 

A manufactory licensee shall deliver to the manufactory officer not later than the 5th of each months, a return of transactions of business in respect of the proceeding months in triplicate in Form C.L., XII. The Manufactory Officer shall submit with his remarks one copy thereof to the Commissioner and another to the Superintendent.

A manufactory licensee shall establish Warehouses at Bombay, Pune, Nagpur and in such other two Districts in the State as may be specified by the Commissioner and shall be fully responsible for their proper functioning.

Unless otherwise permitted by the Commissioner a manufactory licensee shall not supply country liquor from his manufactory except to a warehouse licensed under these rules.

The price at which a manufactory licensee shall supply country liquor to a warehouse on wholesale and from a warehouse to a licensed retail shop shall not exceed the price that may be fixed by the State Government in this behalf from time to time under rules 12 of these rules.

The Label of Country Liquor having proof strength 62.5° shall be printed only on white paper with black ink as prescribed in sub-rule (24).

A manufactory licensee desiring to issue country liquor from the Manufactory shall produce before the Manufactory Officer the indent in Form C.L., XIII received from the wholesale licensee to whom the country liquor is to be supplied duly endorsed by him along with a chalan showing the payment of excise duty into a Government Tresury in respect of the liquor proposed to be so supplied. 

On receipt of the indent under sub-rule (1) the Manufactory Officer shall alter ascertaining that the particulars furnished in the Form. C. L. XIII are correct and if he sees no objection, issue a transport pass in triplicate in Form C. L. XIV. One copy (triplicate) of such pass shall be retained at the Manufactory on the record of the Manufactory Officer, the duplicate shall be sent to the Inspector of Prohibition and Excise in whose jurisdiction the destination is situated and the original shall be given to the manufactory licensee to accompany the consignment.

 No country liquor shall be issue or removed from a manufactory except under a transport pass in Form C. L. XIV issued by the Manufactory Officer.

No transport pass shall be issued unless excise duty payable on the quantity of country liquor intended for removal has been paid, and a challan for the payment is produced before the Manufactory Officer. All such challans shall be carefully preserved by the Manufactory Officer and kept in his custody

Agents, clerks and other persons who have been duly authoirsed in writing in this behalf by a manufactory licensee and approved by the Manufactory Officer may enter into the manufactory and carry out their work in connection with the manufacture of country liquor during the working hours of the manufactory.

Any person duly authorised in writing in that behalf by a manufactory licensee may sign all applications and indents for the issue of spirit or country liquor. 

On receipt of an application under rule 13, the Superintendent shall verify the particulars given therein and satisfy himself that the building or rooms of the warehouse for the purposes of sale of country liquor by wholesale conform in the requirements of rule 15. He may make such other inquires as he deems necessary in respect of the proposed warehouse premises and matters incidental thereto and shall forward the application to the Commissioner with his remarks.

On receipt of the application under sub-rule (1) Commissioner may if he deems proper on recovery of the licence 1[fee (inclusive of consideration)] of 3 [ Rupees sixty five thousand Rs. 65,000] grant the applicant a licence in Form C.L., II with the previous sanction of the State Government (hereinafter referred to as the wholesale licensee). 

No licence under sub-rule (2) shall be granted for a period beyond 31st March, next following the date of the commencement of the licensee. Provided that, in respect of licence granted prior to the 1st day of April, 1973 the period of the licence; shall extend upto 31st March, 1974.

When licence under sub-rule (2) is granted, due intimation shall be given to the Superintendent and the Collector, concerned. Also such intimation shall be given to the authorities of the Food and Drugs Administration in the State.

Any licence granted under sub-rule (2) shall be renewed by the Commissioner for a period not exceeding one year at a time on payment of 4 [Renewal application fee of Rs. 25 and licence fee as prescribed in sub-rule (2) of rule 14] unless the Commissioner has reason to believe that there has been a breach of any of the terms and conditions of the licensee, or that the licensee has not been working it properly.

The building or rooms of the ware house shall be strongly constructed of masonry or brick work. The windows of the building or rooms shall he securely wire netted. There shall be only one entrance to the building or main room of the Warehouse and to each store-room, respectively which must open into the Warehouse enclosure. The minimum area of the warehouse premises shall be 45 sq. metres, or storage capacity of 2,500 cases of country liquor at a time

Prohibition to shift licensed Wareshouse to any other place.—

A licence Warehouse shall not be shifted by a wholesale licensee to any other place within a taluka without prior approval of the Collector, and from one taluka to another taluka of the district without prior approval of the Commissioner and from one district to another district without prior approval of the Government.

Prohibition to grant or renew license.—No license under rule 14 shall be granted or renewed in respect of any shop which shall bear a name of the national personalities or any subsequent change in the name of national personalities and shall not bear the name of any of the Forts declared by the Central Government as protected monuments under the Ancient Monuments Preservation Act, 1904 (7 of 1904) and by the State Government as protected monuments under the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960 (Mah. XII of 1961), as specified in the Schedule-II appended to these rules.

The Collector shall in confirmity with the committee’s recommendations and after satisfying himself that the premises proposed for location of the shop for selling country liquor are in confirmity with the provisons of the rules and instructions issued in this behalf by the State Government or the Commissioner from time to time and that there is no objection to grant the licence applied for, may inform the applicant of the decision and grant the licence in form CL-III on payment of the fee (inclusive of consideration) prescribed in the sub-rule (13)].

3 [Provided that if the selected applicant fails to complete necessary formalities for obtaining the licence within 3 months or the receipt of intimation, it shall automatically be treated as cancelled and after the expiry of the said period of 3 months the Collector shall proceed to allot the licence to another suitable applicant.]

Fees prescribed for the licence in Form C. L. III shall be according to the following scales, namely :

Where the licensed shop is proposed to be located in a–– Rs.

⁶[(a) town and village with a population upto 5,000. 6,000

(b) town with a population of 5,000 and above but below 10,000. 10,000

(c) town and city with a population of 10,000 and above but below 2 lakhs. 20,000

(d) city with a population of 2 lakhs and above but below 10 lakhs. 30,000

(e) city with a population of 10 lakhs and above but below 20 lakhs. 45,000

(f) city with a population of 20 lakhs and above 60,000] Explanation.––for the purpose of this sub-rule “population” means the population as ascertained at the last preceding census of which the relevant figure, either provisional or final, have been published.]

No licence under 3 [sub-rule (1A)] shall be granted for a period beyond 31st March next following the date of commencement of the licence :

2 * * * * * 

Any person desiring to renew a licence shall, thirty days before the date of expiry of the licence, apply for the renewal thereof. Every such application shall be accompanied by a challan evidencing payment of a fee.] 4 [of Rs. 25]. 

Any licence granted under sub-rule (1A) shall be renewed by the Collector for a period not exceeding one year at a time on payment of fees on the scale mentioned hereunder, unless the Collector has reason to believe that there has been a breach of any of the terms and conditions of the licence, or that the retail licensee has not been working it properly.

Where the licensed shop is located in a–– Rs.

(a) town or village with a population upto 5,000 3,000

(b) town with a population of 5,000 and above but below 10,000. 4,500

(c) town and city with a population of 10,000 and above but below 2 lakhs. 12,000

(d) city with a population of 2 lakhs and above but below 10 lakhs. 20,000

(e) city with a population of 10 lakhs and above but below 20 lakhs. 30,000

(f) city with a population of 20 lakhs and above 40,000]

No licence under sub-rule (1) shall be granted in respect of any shop

(a) which is less than sixteen square metres twenty-five square meters in area and which, in the opinion of the Collector or the Officer authorised by him in this behalf, in writing, is not adequate for storage and consumption of country liquor and where such consumption is visible to outsiders and passers-by ; or

(a-i) unless the applicant submit an affidavit that adequate parking facility is available at his premises; and

(a-ii) unless the premises has sanctioned commercial non-agricultural use permission; and

(a-iii) unless the premises has a construction completion certificate from the competent local/planning authority; or

(b) which, if situated in areas within the jurisdiction of any Municipal Corporation or ‘A’ Class or ‘B’ Class Municipal Council, is within a distance of fifty metres and, if situated elsewhere, one hundred metres, from any educational or religious institution or any Statue of National Personality ; or

(c) Which is situated within a distance of one hundred metres from any bus stand, station or depot of the Maharashtra State Road Transport Corporation ; or

(c1) which, if situated in areas within the jurisdiction of any local self-government body having population not exceeding 20,000 is within a distance of two hundred and twenty metres and if situated elsewhere, within a distance of five hundred metres from the edge of any national or state highway, or in case of any existing service road then the distance from the edge of such service road adjacent to the national or state highway.

Provided that, if such National or State Highway passes through Municipal Corporation, Municipal Council, Nagar Panchayat or Cantonment Board area, such distance restrictions shall not apply 

(d) Which is not duly approved by the Collector or the Officer authorised by him in this behalf and is not, for reasons to be recorded in writing, certified by him to be otherwise suitable also for locating the shop before the grant of the licence :

Provided that nothing contained in this sub-rule except clauses (a), (a-i), (a-ii) and (a-iii) shall apply in respect of an existing shop for which the licensee holds a valid licence in Form C. L. III immediately before the coming into force of the Maharashtra Country Liquor (Amendment) Rules, 1981 and the Maharashtra Country Liquor (Amendment) Rules, 2015.

Provided further that, if at any time after the commencement of the Maharashtra Country Liquor (Amendment) Rules, 2017 it is observed that, if any shop is situated in areas within the jurisdiction of any local self-government body having population not exceeding 20,000 is within a distance of two hundred and twenty metres and if situated elsewhere, within a distance of five hundred metres from the edge of any national or state highway, or in case of any existing service road then the distance from the edge of such service road adjacent to the national or state highway, the licence shall stand cancelled forthwith.

Explanation.––For the purpose of this sub-rule,––

(i) “educational institution” means any pre-primary, primary or secondary school managed or recognised by any local authority or the State Government or the Central Government and any College affiliated to any University established by law, but does not include any private coaching institution ;

(ii) “religious institution” means an institution for the promotion of any religion and includes a temple, math, mosque, church, synagogue, agiary or other place of public religious worship which is managed or owned by a public trust registered under the Bombay Public Trusts Act, 1950 (Bom. XXIX of 1950) and includes such other religious institutions as the State Government may by order specify in this behalf ;

(iii) the distance referred to in clause (b) or (c) in clause (b), (c) or (c1) of this sub-rule shall be measured from the mid-point of the entrance of the shop along the nearest path by which pedestrian ordinarily reaches,––

(a) the mid-point of the nearest gate of the institution if there is a compound wall and if there is no compound wall, the mid-point of the nearest entrance of the insitituion, or

(b) the mid-point of the nearest gate of the bus stand, station or depot, or of the Maharashtra State Road Transport Corporation, if there is a compound wall and if there is no compound wall, the nearest point of the boundary of such bus stand, station or depot, or.

(c) the mid-point of the nearest gate of the Statue, if there is a compound wall, and if there is no compound wall, the nearest point of foundation of such a Statue.

(d) the edge of any National or State highway, or in case of any existing service road then from the edge of such service road adjacent to the National or State highway.

(iv) Statue of National Personality means any statue of the National Personality recognized by the Government specified in the “Schedule-I” appended to these rules.

Any shop in respect of which a licence in Form C. L. III has been granted shall not be deemed to be situated within the prohibited distance referred to in clause (b) or (c) of sub-rule (4) if at any time after such licence is granted,––

(a) any institution referred to in clause (b) of sub-rule (4) comes into existence within a distance of fifty metres or, as the case may be, one hundred metres, from that shop, or

(b) if any bus stand, station or depot referred to in cluase (c) of the said subrule (4) comes into existence within a distance of one hundred metres from that shop.] 

The distance between any two shops should not be less than 200 metres.

Prohibition to grant or renew license.—No license under sub-rule (1A) shall be granted or renewed in respect of any shop which shall bear a name of the national personalities or any subsequent change in the name of national personalities and shall not bear the name of any of the Forts declared by the Central Government as protected monuments under the Ancient Monuments Preservation Act, 1904 (7 of 1904) and by the State Government as protected monuments under the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960 (Mah. XII of 1961), as specified in the Schedule-II appended to these rules.

a licensed shop shall not be shifted by a retail licensee to any other within a taluka without prior approval of the Collector ; 

a licensed shop shall not be shifted by retail licensee to any place from one taluka to another taluka of the district without prior approval of the Commissioner :

Provided that, the number of licensed shops for such shifting shall not exceed 15% shall not exceed 30% of the total existing licensed shops in any district 5 [excluding Mumbai City and Mumbai suburban district] which would be inclusive of the licensed shop already shifted with prior approval of the Government or the Commissioner before the date of publication of these rules;

3 [“ Provided further that, any licence shop shall not be shifted within the Mumbai City and Mumbai suburban District, without prior approval of the Government. ” 

Provided also that, the number of licensed shops for such shifting shall not exceed 30% of the total existing licensed shops in Chandrapur District as on the 31st March, 2015.

a licensed shop shall not be shifted by retail licensee to any place from on district to another district without prior approval of the Government ; 

Provided that, the number of such licensed shops for shifting out of the district, other than Chandrapur district, shall not exceed 15 per cent.‘‘not exceed 30 per cent.’’ ( shall be deemed to have been
substituted with effect from the 29th December, 2016 ;)  of the total licensed shops existing in the district at the time of commencement of these rules:
Provided further that, the number of such licensed  shifted in the district from other district, shall also not exceed 15 per cent. ‘‘not exceed 30 per cent.’’  ( and shall be deemed to have been
substituted with effect from the 29th December, 2016 ;) of the total licensed shops existing  in any district at the time of commencement of these rules; 

Provided also that, in case of Chandrapur district the number of licensed shops for shifting shall not exceed 15%   ‘‘not exceed 30 per cent.’’ of the total licensed shops existing in the Chandrapur District as on 31st March 2015 .

the shifting of licences under clauses (a), (b) and (c), shall be subject to the fulfillment of the following conditions, namely :–

2 [“(i) considering the sale of liquor of past five years, the sale of liquor of any two years of last four years shall be less than the sale of first year of the block of five years ; or considering the sale of liquor of past five years, the sale of liquor of any three years shall be less than that of the annual average sale of the liquor for the same five years : Provided that, the licenced shop holds valid licence during the said period ; ”]

(ii) that there is no inconvenience of drinking of liquor to the people residing in that area ;

(iii) that the Gram panchayat in whose area licenced shop is proposed to be shifted, has given no objection by passing a resolution of the Gramsabha ; and if the shop is proposed to be shifted to any area other than Grampanchayat area, no objection of the Municipal Council concerned has been obtained ;

(iv) that the proposed premises are free from distance restriction as provided under sub-rules (4) and (5) rule 24 ;

Provided that, the licensed shops, other than those whose application for shifting has been recommended by the Commissioner on or before the date of commencement of these rules, shall be shifted to a premises where  no shop with a similar license is situated within the aerial distance of 500 metres from the proposed premises.

Provided that, the licenced shop, other than those whose application for shifting has been pending with the Collector, the Commissioner or, the State Government, as the case may be on or before the commencement of the Maharashtra Country Liquor (Amendment) Rules, 2018, shall be shifted to premises where no shops with a similar licence or a licence in Form FL-II as appended to the Bombay Foreign Liquor Rules, 1953, is situated within the aerial distance of 1,000 meters from the proposed premises.

Provided that, the licensed shops, shall be shifted to premises where no shops with a similar license is situated within the aerial distance of 1000 meters from the proposed premises.

Provided that, the licensed shops, shall be shifted to premises where no shops with a similar license is situated within the aerial distance of 200 meters from the proposed premises.

(v) that the construction of the premises in which shop is proposed to be shifted is an authorized construction and certificate of the competent of the competent local authority is submitted :

Provided that, the proviso to clause (b) and sub clauses (i) and (ii) of clause (d) shall not apply in respect of shifting of licensed shop which has been closed down or required to be closed down as per the provisons of the Bombay Prohibition (Closure of Licence on Resolution by the Village Panchayat or Gramsabha or Women/Social Organisation or Representation by Voters in the Village or Ward of Municipal Council) Order, 2003.”

7 [Provided further that the conditions as laid down in 9 [sub-clauses (i), (ii) and (iii)] of clause (d) shall not apply in respect of the following situations ; however under such situation shifting shall be allowed within the area of 8, 10, 11[same district] as the case may be ;

(A) licensee whose premises are affected by the implementation of Development Scheme such as road widening, and the like ;

(B) in the case where the licensee is running his licensed shop at the place under the rental deed and the landlord or owner of the place do not agree to extend the rental deed ; or

(C) in the case where the shifting is essential due to Hon’ble Court’s Order. ”]

No licensed shop shall be kept open for the sale of country liquor on––

3 [(a) The day on which the licensed premises is required to be kept closed under the Bombay Shops and Establishment Act, 1948 (Bom. XXIX of 1948) and if the licensed premises in situated in the area wherein the said Act is not in operation, the holder of licence shall give on day paid weekly off to the employees ;

(b) the following days during the year namely :

(i) 26th January (Republic Day)

(ii) 30th January (Martyr’s Day)

(iii) 1st May (Maharashtra Day)

(iv) Ashadhi Ekadashi

(v) 15th August (Independence Day)

(vi) Anant Chaturdashi

(vii) Two days in prohibition week that is to say the 2nd October and 8th October.  First day of Prohibition Week that is 2nd October .  

(viii) Kartiki Ekadashi]

(c) 4, 5, 6, 12[“(1) fourty eight hours ending with the hours fixed for the conclusion of the poll in relation to any general election or by-election to the House of People, or the Maharashtra Legislative Assembly is taken in the constituency in which such premises are located and on the counting day or days.] 

the day or days on which poll in relation to any general election or by-election to any local authority in the State is taken in the constituency in which such premises are located and a day immediately before the day of poll and on the counting day.”]

(d) such special occasions and in such area as the collector may, after giving notice of not less than seven days in the Official Gazette and in any local news paper having wide circulation in such area, specify in this behalf.

(2) 2 * * * * * 

For the purposes of 1 [sub-clause (vi)] of clause (b) of sub-rule (1) of this rule, the Collector shall, as far as possible before the commencement of each licensing year declare, by a notification published in the official Gazette and in any local newspaper having wide circulation in the area the day or days of important fairs or, as the case may be, of the pay day during which, and the area in which, the licensed shop shall remain closed :

Provided that, where such a declaration is not made before he commencement of the licensing year the Collector shall make the declaration at any other suitable time thereafter but the notification in that behalf shall be published at least seven days before the day or days of closure.

No licensee shall be entitled to any compensation for closure of his licensed shop under sub-rules (1) and (2) of this rule.] 

On receipt of the application under rule 29 the collector may make enquiries for verification of the details mentioned in the application and also such other enquiries as he deems necessary. If he is satisfied that there is no objection to grant the licence applied for, he may, on payment 5 [of a fee (inclusive of consideration) at the scale given below] grant the applicant a licence in form 6 [C.L./F.L./TOD/III] (hereinafter referred as the retail licensee.)

7 [(a) city with a population upto 3 lakhs . . 8 [6000]

(b) city with a population of 3 lakhs and above but below 10 lakhs. . . 8 [8000]

(c) city with a population of 10 lakhs and above . . 8 [12000] 

Duration of licences.––No licence under sub-rule (1) shall be granted,––

(a) in the case of a person holding the Foreign Liquor Vendor’s Licence for a period beyond the 31st March next following the date of commenement of the licence ; and

(b) in the case of a person holding the licence for the Retail Sale of Toddy for a period beyond 31st August, next following the date of commencement of the licence.]

any licence graned under sub-rule (1) shall be renewed by the collector for a period not exceeding one year at a time on payment of 2 [renewal application fee of Rs. 25 and licence fee as prescribed in sub-rule (1) of rule 30] unless the collector has reason to belive that here has been breach of any of the terms and conditions of the licence or that the licensee has not been working the licence properly ;

1 [Provided that, the licence in Form C.L.,/F.L./TOD/III shall be renewed only after verification of the fact that the holder there of is in possession of a valid Foreign Liquor Vendor’s Licence or, as the case may be, a valid Licence for the Retail sale of Toddy.] 

 Licence to become inoperative in certain circumstances.—The licence in Form C.L./F.L./TOD/III shall become inoperative if the licensee ceases to hold a valid Foreign Liquor Vendor’s Licence or, as the case may be, a valid Licence for the Retail Sale of Toddy or if such licence is at any time suspended or cancelled in accoodance with the provisions of the Bombay Foreign Liquor Rules, 1953, or as the case may be the Maharashtra Toddy Shops (Licensing) and Toddy tree (Tapping) Rules, 1968.] 

The Collector may permit the transfer of a licence from one name to another or admit (or delete) the same of any partner after the licence is granted.

the general conditions specified in Part V of these rules shall apply matatis matandis in respect of the licences granted under this Part IV.

Notwithstanding anything contained in these rules, any holder of licence in Form CL-III desiring to sell beer to the person above the age of 21 years in sealed bottles for “off consumption” may be permitted to do so by the Collector by duly making endorsement thereof on the CL-III licence on recovery of 25 per cent of the fee payable for grant or renewal of the licence in the area in which shop for CL-III licence is located.

Explanation.—For the purpose of this rule, the words “beer” shall have the same meaning as assigned to it in the Bombay Foreign Liquor Rules, 1953. 

The holder of CL-III licence permitted to sell Beer shall maintain the registers in Form F.L.R. 3, F.L.R. 4 and F.L.R. 5 prescribed under the Maharashtra Foreign Liquor (Sale on Cash, Registers of Sales etc., Rules, 1969.]”.

A retail licensee shall obtain, possess, or transport country liquor required for sale at his licensed shop from a whole sale licensee’s licensed warehouse. 

a retail licensee shall send an indent in Form C.L. XXI to the wholesale licensee for obtaining the supply of country liquor. For each consignment, a separate indent shall be placed. The counterfoil shall be kept in the licensed shop.

the transport of country liquor from the licensed premises of a wholesale licensee to the licensed shop shall be under a transport pass in Form C.L. XVII issued by the wholesale licensee, or his Manager or agent duly approved by an officer not below the rank of a Superintendent in this behalf. 

all such transport passes shall be filed by the retail licensee of his authorised agent datewise and serially, and kept in the licensed premises.

4, 5[31 A.31 B * * *]

A licensee holding licence in Form C.L. III, shall not sell country liquor except during the hours from 10.00 a.m. to 10.00 p.m.    A licencee holding licence in Form CL-III, shall not sell country liquor, except during the hours from 8-00 a.m. to 10-00 p.m.in ‘C’ Class Municipal areas and in areas within the limits of Zilla Parishads (excluding cantonment areas) and from 10.00 a.m. to 12.00 midnight, in all other remaining areas.

A licencee holding licence in Form CL-III, shall not sell country liquor, except during the hours from 8-00 a.m. to 10-00 p.m.in ‘C’ Class Municipal areas and in areas within the limits of Zilla Parishads (excluding cantonment areas) and from 08.00 a.m. to 11.00 midnight, in all other remaining areas.

A licensee holding licence in Form C.L./FL/TOD/III shall sell country liquor only during the hours he is authorised to sell foreign liquor under the Foreign liquor Vendor’s Licence.

a licensed retail shop may be kept open outside the aforesaid hours of sale for such time as is necessary for cleaning receiving stock of country liquor and completing accounts, but no sale of country liquor shall be made during such period. No person other than the retail sale licensee and his nokar holding valid NOKARNAMA shall be present in the shop during such period.

Explanation.—For the purpose of this rule—

(a) “C” Class Municipal area” has the meaning assigned to it in the Maharashtra Municipalities Act, 1965 and

(b) “Zilla Parishad” means a Zilla Parishad constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.]

Subject to the provisions of sub-rule (2), a retail licensee may employ such employees as he thinks necessary, and shall execute a NOKARNAMA in favour of every employee so employed in connection with his business of sale of country liquor in Form C.L. XVIII and shall enter the names of all such employees in the register in Form C.L. XIX. 

A retail licensee shall not employ any of the following persons as his servants to assist his in his business in any capacity whatsoever, namely :

(i) women and persons below 21 years of age;

(ii) persons suffering from any infectious or contagious disease’;

(iii) persons who are insane;

(iv) persons who in the opinion of the Collector have a bad character;

(v) persons whose NOKARNAMAS or licences have previously been cancelled;

(vi) persons convicted of any criminal offence :

Provided that, in the case of persons falling under clauses (iv), (v) and (vi), the disqualification may at any time be removed by a written order of the Collector.

The Manufactory Officer shall exercise such supervision as is required to ensure that spirit issue is added to the materials which go to make a batch of country liquor and that no portion of such spirit is diverted for any other purpose.

The Manufactory Officer shall daily check and attest the accounts maintained by a manufactory licensee.

Any Prohibition and Excise Officer specially empowered in this behalf by the Commissioner shall periodically or by surprise inspect the Manufactory and shall submit notes of his inspection to the Officer specified by the Commissioner. He shall also verify the accounts and collection and credit of excise duty by the Manufactory Officer.