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THE BOMBAY MEDICINAL AND TOILET PREPARATIONS (USE OF LIQUOR) RULES, 1955

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G. N., R. D., NO. 7105/51, dated 7th January, 1955

  1. Corrig., R. D., No. 7105/-51, dated 23rd February, 1955
  2. G. N., R. D., No. MIS. 1561/33915 (e)-N, dated 14th July, 1962
  3. G. N., H. D., No.. BPA. 1088/XI/PRO-2, dated 16th March, 1988

In exercise of the powers conferred by section 143 of the Bombay Prohibition Act, 1949 (Bombay XXV of 1949), the Government of Bombay is pleased to make the following rules, namely


1 Title शीर्षक.[View all order & notifications]

These Rules may be called the Bombay Medicinal and Toilet Preparations (Use of Liquor) Rules, 1955.


2 Definitions व्याख्या.[View all order & notifications]

(1)

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

(a) “ Act ” means the Bombay Probihition Act, 1949 ;

(b) “ Form ” means a form appended to these rules ;

(c) “ Licence ” means a licence granted under rule 4 ;

(d) “ Licensed premises ” means the premises in respect of which a licence is granted under rule 4 ;

(e) “ Licensee ” means a person holding a licence under these rules.

(2)

Words and expressions not defined in these rules shall have the meanings respectively assigned to them in the Act. 


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

Any person desiring to purchase, posses or use any liquor for the manufacture of any medicinal or toilet preparation whether fit or unfit for use as intoxicating liquor shall apply to the Collector for a licence in that behalf. The application shall contain the following particulars, namely :—

(i) Name and Address of the applicant ;

(ii) Kind and quantity of liquor required per month together with its name, if any ;

(iii) Kind of medicinal or tiolet preparation or preparations for the manufacture of which the liquor is required together with the names of such preparation or preparations ;

(iv) Place where the liquor will be kept and used ;

(v) Name and address of the person from whom the liquor is to be purchased and his licence number for the sale of liquor ;

(vi) The period for which the licence is required.


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

On receipt of an application under rule 3, the Collector shall make such inquiries as he may deem necessary and if he is satisfied that there is no objection to grant the licence applied for, he may grant the applicant a licence in Form A on payment of 1 [a fee 2 [inclusive of consideration ] of Rs. 100] specifying therein the kind of liquor together with its specification, if any, permitted to be used and also the quantity allowed to be used during the month


5 Duration of Licence परवान्याचा कालावधी.[View all order & notifications]

(1)

No such licence under rule 4 shall be granted for a period beyond 31st March next following the date of the commencement of the licence. 

(2)

No such licence shall be granted to a minor


6 Use or allow to be used the liquor मद्य वापर किंवा वापरण्यास परवानगी.[View all order & notifications]

The licensee shall not use or allow to be used the liquor except in the licensed premises and except in his own presence or in the presence of any other person duly authorised a nokarnama granted by him in this behalf.


7 Purpose for which liquor to be used कोणत्या उद्देशासाठी दारू वापरावयाची.[View all order & notifications]

The licence shall not use the liquor except for the purpose for which it is permitted to be used.


8 Maintenance of Accounts and submission of monthly returns हिशोब ठेवणे व मासिक विवरणपत्रे सादर करणे.[View all order & notifications]

The licensee shall maintain day-to-day accounts in Form A-1 of liquor purchased and used by him for the manufacture of medicinal or toilet preparations and shall submit before the 7th of every month to the local Superintendent of prohibition and Excise or District Inspector of Prohibition of Excise, as the case may be, a return in Form A-II of Liquor purchased and used by him in the preceding month for the manufacture of medicinal or tiolet preparations.


9 Licenced premises to be open for Inspection परवानाप्राप्त अनुज्ञप्ती निरीक्षणाकरिता खुले असेल.[View all order & notifications]

The licenced premises, the liquor kept therein and the account maintained in respect of such liquor shall at all times be open to inspection by any officer empowered under section 122 of the Act.


10 Visit book भेट पुस्तिका.[View all order & notifications]

The licensee shall keep in his licensed premises 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 their remarks when inspecting the premises.


11 Licencee shall be abide by the act, rules, regulation and orders made thereunder परवानाधारक अधिनियम, नियम, विनियम व आदेशांचे पालन करण्यास बांधील असेल.[View all order & notifications]

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.


12 Suspension or cancellation of licence अनुज्ञप्ती निलंबित किंवा रद्द होणे.[View all order & notifications]

The licence may be suspended or cancelled in accordance with the provisions of section 54 or 56 of the Act.


13 Surrender of stock in case of suspension, cancellation or not renewal of the licence परवाना निलंबित, रद्द झाल्यास किंवा नूतनीकरण न झाल्यास मद्यसाठा समर्पित करणे.[View all order & notifications]

In case the licence is suspended or cancelled during the currency of the licence period or is not renewed on its expiry, the licensee shall forth with surrender to the Collector the whole of the unused stock of liquor.


14 Application for the transport pass of liquor मद्य वाहतूक पास साठी अर्ज.[View all order & notifications]

Any licensee desiring to transport liquor required by him for the purpose mentioned in his licence shall make an application to the local Inspector of Prohibition and Excise for a pass in that behalf specifying the following particulars, namely :—

(i) Name and Address of the applicant ;

(ii) Name and number of his licence for the possession and use of liquor ;

(iii) Name, kind and quantity of liquor to be purchased ;

(iv) Place to which the liquor is to be transported ;

(v) Route by which the liquor is to transported ;

(vi) Period for which the licence is required to be valid.


15 Grant of transport pass वाहतूक पास मंजूर करणे.[View all order & notifications]

On receipt of the application under rule 14, the Inspector shall make such inquiries as he deems necesary and if he is satisfied that there is no objection to grant the pass applied for may grant the applicant a pass in Form B. The pass shall be prepared in quaduplicate and one copy of it shall be retained by the Inspector on his record, one copy shall be handed over to the applicant, one copy shall be sent to the person from whom the liquor is to be purchased and one copy shall be sent to the Inspector of Prohibition and Excise in whose charge the person from whom the liquor is to be purchased holds a licence.


16 No licence for the possession and use of rectified spirit or absolute alcohol if the licensee holds a valid licence or pass वैध परवाना किंवा पास असल्यास शुद्ध मद्यार्क किंवा पूर्ण मद्यार्क बाळगणे आणि वापरणे यासाठी कोणत्याही परवान्याची गरज नाही.[View all order & notifications]

Notwithstanding anything contained in these rules, no licence for the possession and use of rectified spirit or absolute alcohol for the manufacture of any medicinal or tiolet preparation or pass for the transport thereof shall be necessary under these rules, if the licensee holds a valid licence or pass for the aforesaid purpose under the Bombay Rectified Spirit Rules, 1951.


17 Provisions of these rules shall be addition to and not in derogation या नियमांच्या तरतुदी पूरक असून न्यूनीकरन करणारे नाही.[View all order & notifications]

Except as provided in Rule 16 the Provisions of these rules shall be addition to and not in derogation of the provisions of the Bombay Rectified Spirit Rules, 1951 in so far as they relate to the matters dealt with in these rules.



FORM A

Rule 3

Licence for the purchase, possession or use of liquor for the manufacture of medicinal and toilet preparation

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FORM A-I

See rule 8

Account of liquor received and used for the manufacture of spirituous medicinal preparation and/or toilet preparations for the month of 20

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FORM A-II

See rule 8

Monthly return showing liquor received and used for the manufacture of spirituous medicinal preparation and/or toilet preparations for the month of . . . . . . . . . . . . .20

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FORM B

Rule 15

Pass for the transport of liquor to be used for the manufacture of medicinal and toilet preparations

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Rules NO