THE MAHARASHTRA TODDY SHOPS (LICENSING IN TRIBAL AREAS) AND TODDY TREES (TAPPING IN TRIBAL AREAS) RULES, 1981

These rules be may called the Maharashtra Toddy Shops (Licensing in Tribal Areas) and Toddy Trees (Tapping in Tribal Areas) Rules, 1981. 

These rules extend to the Tribal areas in the State of Maharashtra.

These rules shall come into force on the 1st May 1981.

“ Act ” means the Bombay Prohibition Act, 1949 (Bom. XXV of 1949) ;

“ Adivasi Co-operative Society ” means and includes a society registered un- der the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961), in which all or majority of the members are tribals ;

“ duty ” means duty levied under section 109 of the Act ;

“ Form ” means a form appended to these rules ;

“ Licensed shop ” means the shop in which a licensee has been licensed to sell toddy under his licence ;

“ Licensee ” means the holder of a licence ;

“ Superintendent ” means the Superintendent of Prohibition and Excise of the district in which licensed shop is located ;

“ Toddy ” means fermented juice drawn from a concount, brab date or any king of palm tree containing not more than 5 per cent. alcohol by volume but does not include sweet toddy, nira or neera ;

“ Tribal area ” means the area specified in the Schedule appended to these rules ;

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

On receipt of an application under rule 4, the Collector shall verify the particulars given therein and also make such other enquiries as the deems necessary and which are incidental to the grant of the licence and also satisfy himself that the premises proposed for location of the shop for selling toddy are in conformity with the provisions of the rules and the instructions issued by the State Government or the Commissioner from time to time. He shall then forward the application to the State Government with his remarks. 

On receipt of the application under sub-rule (1) the State Government may subject to the provisions of this rule, after making such enquiries as it deems fit and after it is satisfied that there is no objection to grant the licence applied for, on payment by the applicant of the licence fee as prescribed in sub-rule (3), by order direct the Collector to grant the licence in Form T. R. T. D-2 to the applicant and shall forward a copy of such order to the Commissioner. Thereupon, a licence in Form T. R. T. D.-2 shall be issued by the Collector of the district in which the applicant desires to locate his licensed premises. A duplicate copy of the licence shall be forwarded bythe Collector to the State Government for its record and the third copy of the licence shall be kept by the Collector on his record.

Fees for the license in Form T. R. T. D.-2—Fees shall be charged according to the following Scales namely :—

where the licensed shop is proposed to be located in a— Rs.

(a) town or village with a population upto 1,000 . . 500

(b) town or village with a population from 1,001 to 2,500 . . 1,000

(c) town or village with a population from 2,501 to 5,000 . . 2,000

d) town with a population from 5,001 and above . . 3,000

Explanation.—For the purpose of this rule, “population ” means the population as ascertained at the last preceding census of which the relevant figures, either provisional or final have been published. 

No licence under sub-rule (2) shall be granted for a period beyond 31st August next following the date of commencement of the licence. 

(a) Any licensee desiring to renew his license shall make an application in form T. R. T. D.-1 accompanied by a chalan, evidencing payment of a fee of rupees fifteen for such application, to the Collector of the district in which his licensed premises are located, at least one month before the expiry of the license.

(b) Any license granted under sub-rule (2) shall be renewed by the Collector for a period not exceeding one year at a time on payment of the fee prescribed in sub-rule (3) of this rule, unless the Collector has reason to believe that there has been a breach of any of the terms and conditions of the license, or that the retail licensee has not been working it properly. 

No license shall be granted in respect of such shop—

(a) Which is less than 9 square meters in area and which in the opinion of the Collector or the officer authorized by him in this behalf will not be adequate for the purpose and where consumption of toddy will be in public view ; or

(b) which is situated within a distance of 75 meters from any industrial under taking or irrigation or other developmental project where 200 or more work men are employed in one or more shifts either in a single undertaking or project or in a group of undertakings or projects located near one another ; or

(c) (i) which is situated within a distance of 75 meters from the boundary of any National or State Highway ; or

(ii) which is visible from, and the entrance of which is facing, such Highway ; or

(d) which is within a distance of 75 meters from any educational institution, students hostel run or recognized by the Social Welfare Department or recognized by the Social Welfare Department or attached to an educational institution, public or private maternity home, public hospital, religious institution colony of laborious or of Harijans ; or

(e) (i) which is situated within a distance of 200 meters from any Maharashtra State Road Transport Corporation Bus Stands or Station or Depot ; or

(ii) which is visible from and the entrance of which is facing, such Bus Stand or Station or Depot ; or

(f) which is not duly approved by the Collector or the officer authorized by him in this behalf and which is not certified by him to be otherwise suitable also for locating the shop before the grant of the license. The Collector if he refuses to grant such certificate, shall record his reasons in writing for such refusal.

Explanation 1.—

(i) for the purposes of clause (b) of this sub-rule,—

(a) where the undertaking or projects are surrounded by a compound wall, the distance of seventy-five meters shall be measured from the main gate of such compound ;

(b) where the undertaking or projects are not surrounded by any compound wall but the workmen carry on their work indoors, the distance of seventy-five meters shall be measured from the main entrance of each such work premises ; and

(c) where the undertakings or projects are not surrounded by any compound wall and the workmen carry on their work in the open, the distance of seventy-five meters shall be measured from each of the places where the workmen actually do their work.

(ii) “ Educational Institution ” means any pre-primary, primary, secondary or higher secondary school or I. T. I. managed or recognized by any local authority or the State or the Central Government or any college affiliated to any University established by law but does not include any private coaching institution.

(iii) “ Public Hospital ” means any hospital where facilities are provided to keep indoor patients and which is managed and maintained by the State or the Central Government or a local authority or a public charitable institution, but does not include any dispensary.

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

(v) “Colonies of Laborious or of Harijans” means colonies where laborious and Harijans as the case may be, reside in a large number and includes Maharashtra Housing Board Colonies of laborious or industrial workers, subsidized industrial housing colonies, squatter’s colonies, labour housing colonies of companies and zopadpattis.

(w) The distance referred to in clauses (c), and (d), (e) shall be measured from the mid-point of the entrance of the shop along the nearest path by which a pedestrian ordinarily reachers —

(a) the boundary of the National or State Highway, or

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

(c) the mid-point of the nearest gate of the Maharashtra Stale Road Transport Corporation Bus Stand or Station or Depot, if there is a compound wall, and if there is no compound wall, the nearest point of the boundary of the Bus Stand or Station or Depot, or

(d) the boundary of colonies of laborious or of Harijans, as the case may be,

Explanation II. - For the purposes of this sub-rule “National Highway” or “State Highway” shall not include that part of the National Highway or State Highway which passes within the limits of the Gaothan in any village Panchayat area.

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

 he has paid to the State Government, the duty in respect thereof at the rates directed by the State Government from time to time;

 he has obtained a permit as provided in rule 17; and

the trees are duly marked and numbered in the manner approved by the Commissioner.

Trees shall be tapped only by professional men experienced in tapping.

No date or wild palm (commonly known as ‘Khajuri’ or ‘Sendi’) tree shall be tapped for more than four months in a year and no such tree shall be tapped for three consecutive years after the expiry of the year in which it is tapped :

Provided that, the Collector may allow any such tree to be tapped in every alternate year, if in his opinion, tapping is necessary for want of other trees.

No tree shall be tapped daily during the currency of the tree tapping permit,

In the case of a date tree, no initial incision shall be made at any point within two metres from the foot of the tree or forty-five centimetres from the top of any other incision.

The depth and width of the incision made on a tree shall not be more than onethird of the diameter of the tree at the point of incision and the length of the incision shall not exceed 20cm.

 The central spike-like cluster of any date or palm tree shall not be touched. In addition to the central spike-like cluster, not less than eight other leaves shall, except for reasons beyond the control of the licensee, be left in on that face of the tree on which the incision is made above the top line of the incision.

The licensee shall not cut or injure or permit to be cut or injured any Government tree in respect of which a tree tapping permit is granted to him or make any incision on that tree so as to cause its death.

If as a result of any contravention of any of the forgoing sub-rules, a Government tree dies during the currency of the tree tapping permit or within a period of six months after the expiration of such permit, the licensee shall be liable to pay to Government such sum not exceeding ten rupees in respect of each such tree as may be determined by the Collector after giving the licensee reasonable opportunity of being heard.

The licensee shall make an application to the Superintendent in Form T.R.T.D.-4, for permission to tap toddy producing trees and draw toddy therefrom for retail-sale at his licensed shop.

On receipt of an application, the Superintendent, after verifying that duty has been paid by the licensee on toddy trees secured by him shall grant to the licensee a permit in Form T.R.T.D.-5.

Subject to the provisions of sub-rule (2), a 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 toddy in Form T.R.T.D.-8, and shall enter the names of all such employees in the register in Form T.R.T.D.-9. 

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

(i) Women and person below twenty-one 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 Superintendent, have bad character;

(v) Persons whose Nokarnama or license 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.

All sales of toddy shall be made for cash only.

The licensee shall not sell toddy at a price exceeding that fixed by the Collector, after taking into account the local conditions and cost of production.