THE BOMBAY SPIRITUOUS MEDICINAL PREPARATIONS (SALE) RULES, 1954

“ Act ” means the Bombay Prohibition Act, 1949 ;

“ Form ” means a form appended to these Rules ;

“ Licence ” means a licence granted under these Rules ;

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

“ Medical prescription ” means a prescription in writing issued by a registered medical practitioner ;

1 * * * * *

“ Spirituous medicinal preparations ” means any medicinal preparation in liquid for containing alcohol which is fit for use as intoxicating liquor. ”

Name and address of the applicant

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

Whether the applicant held any licence in the past to sell any kind of spirituous medicinal preparations. If so, the year and the period during which such licence was held.

(1) Notwithstanding anything contained in rule 7, the licensee may sell any medicinal preparation without the production of any medicinal prescription to—

(1) a person holding licences under rule 5 ;

(2) a person incharge of a hospital or dispensary ;

(3) a registered medical practioner ;

2 [(4) Inspectors appointed under section 21 of the Drugs Act, 1949 ;]

1 [(5) a person holding a special permit in Form ‘ A ’ (prescribed under Government Notification, Revenue Department, No. 3015/51, dated the 31st March 1952, for the possession and use of any intoxicant for medicinal, scientific research, educational and such other purposes ;

(6) a person holding licence in Form ‘ A ’ under the Bombay Medicinal and Tiolet Preparations (Use of Liquor) Rules, 1955].

All sales made under sub-rule (1) shall be subject—

(a) to the issue of cash memos or invoices the originals of which shall be sent along with the consignments and the duplicates shall be preserved by the licensee for a period of one year from the date of sale ; and

3 (b) except as otherwise provided by these rules, to the production by the purchaser of a valid transport pass or an export licence in Form D granted under the Bombay Spirituous Preparations (Inter-State Trade and Commerce) Control Rules, 1957, or an export pass granted under the Maharashtra Spirituous Preparations (InterState Trade and Commence) Control Rules, 1957, or an export pass granted under the Maharashtra Spirituous Preparations (Import and Export) Rules, 1963.]

The cash memo, or invoice shall show the name and address of the purchaser and the particulars of the medicinal preparations sold.]

Any licensee desiring to transport any spirituous medicinal preparation shall make an application for the grant of transport pass to the Collector within whose jurisdiction the licensed premises of the licensee selling such preparation in situated. The application shall be submitted to the said Collector through the local Superintendent out of Prohibition and Excise , or the District Inspector of Prohibition and Excise and shall contain the following particulars, namely :—

(1) The name and address of the applicant.

(2) The kind of the licence held by him and its number and date.

(3) The name(s) and quantity(ies) of spirituous medicinal preparation(s) required to be transported.

(4) The purpose for which spirituous medicinal preparation(s) is/are to be transported.

(5) The place from which spirituous medicinal preparation(s) is/are to be transported.

(6) The place to which spirituous medicinal preparation(s) is/are to be transported.

(7) The name of the person authorised to transport.

(8) The route (state also the place from and to which transport of spirituous medicinal preparation will be by road) by which spirituous medicinal preparation(s) is/are proposed to be removed.

(9) The period for which the pass is required.

On receipt of the application under sub-rule (1) the Superintendent of Prohibition and Excise or the District Inspector or Prohibition and Excise, as the case may be shall make such inquiries as he may deem necessary and then forward it to the Collector concerned with his recommendation. If the Collector is satisfied that there is no objection to grant the transport pass to the applicant, he may grant him a pass in Form “ S.M.P. I-A ” on payment of 5 [a fee of Re. 1.00 nP.]

The transport pass shall be in four parts and each part shall be dealt with as under :—

Part I shall be kept on the record of the Collector granting the pass.

Part II shall be forwarded to licensee from whom spirituous medicinal preparation(s) is/are to be obtained for transport.

Part III shall be handed over to the applicant for sending it with the consignment of spirituous medicinal preparations and for record thereafter by him.

Part IV shall be forwarded to the District Prohibitation and Excise Officer of the place to which the spirituous medicinal preparation(s) is/are to be transported.]

A licensee holding a licence under rule 5 may carry on his business under the licence either personally or by an agent or servant duly authorised by him in that behalf.

The licensee shall maintain a register of day-to-day accounts in Form ‘ A ’ of spirituous of medicinal 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, a return in form ‘ B ’ of spirituous medicinal preparations received and sold by him in the proceeding month.]

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

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 medicinal preparations free of cost for

analysis.

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 liicensed premises. The licensee shall, on the termination of the period of his licence, deliver up the visit book, the accounts, and the

licence to the local prohibition and Excise Inspector.

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 alter the licence and add the name of the partner in the licence.

A licensee holding a licence under rule 5 shall comply with all orders and directions issued from time to time by the Commissioner, Collector, Superintendent or District Inspector of prohibition and Excise.

The licensee shall abide by the provisions of the Act and the rules, regulations and orders made thereunder and the conditions of the licence and shall give an undertaking to that effect.

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

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 irregularities detected at his licensed premises and shall furnish any information regarding management ofthe 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 medicinal preparations free of cost for analysis.

No licensee shall transport any spirituous medicinal preparation exceeding 6[five litres] in quantity except under a valid transport pass.

Any licensee desiring to transport any spirituous medicinal preparation

exceeding 1[five litres] in quantity shall make an application for the grant of transport pass to the Collector or any other Officer authorised by him in this behalf (hereinafter referred toas the ‘ authorised officer ’ ) within whose jurisdiction the licensed premises of the licenseeselling such preparation is situated. The application shall be submitted to the said Collector or the authorised officer through the local Superintendent of Prohibition and Excise or the District Inspector of Prohibition and Excise and shall contain the following particulars, namely:––

1. The name and address of the applicant.

2. The kind of the licence held by him and its number and date.

3. The name (s) and quantity (ies) of spirituous medicinal preparations (s) required to be transported.

4. The purpose for which spirituous medicinal preparation(s) is/are to be transported.

5. The place from which spirituous medicinal preparation (s) is/are to be transported.

6. The place to which spirituous medicinal preparation (s) is/are to be transported.

7. The name of the person authorised to transport.

8. The route (state also the place from and to which transport of spirituous medicinal preparations will be by road) by which spirituous medicinal preparation (s) is/are proposed to be removed.

9. The period for which the pass is required.

On receipt of the application under sub-rule (1) the superintendent of Prohibition and Excise or the district Inspector of Prohibition and Excise, as the case may be, shall makesuch inquiries as he may deem necessary and then forward it with his recommendation to the Collector or the authorised Officer concerned. If the Collector or the authorised Officer is satisfied that there is no objection to grant the transport pass to the applicant, he may grant him a pass in Form “ S. M. P. I-A ” on payment of 2[a fee of Re. 1.00nP.]

The transport pass shall be in four parts and each part shall be dealt with as under :

Part I shall be kept on the record of the Collector granting the pass.

Part II shall be forwarded to the licensee from whom spirituous medicinal preparation (s) is/are to be obtained for transport.

Part III shall be handed over to the applicant for sendig it with the consignment of spirituous medicinal preparations and for record thereafter by him.

Part IV shall be forwarded to the District Prohibition and Excise Officer of the place to which the spirituous medicinal preparation (s) is/are to be transported.

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

The licensee shall abide by the provisions of the Act and the rules, regulations and orders made thereunder 3[and also by all the conditions of the licence which may be imposed by the State Government at the time of granting the licence or at any time during the currency of the licence] and shall give an undertaking to that effect.