THE MAHARASHTRA FOREIGN LIQUOR (STORAGE IN BOND) RULES, 1964
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G. N., H. D., FLR. 11062/22788-III, DATED 11 TH SEPTEMBER 1964 (M. G., PT. IV-B., P. 1321), dated 11th September, 1964
- 1, dated 19th August, 1969
- 2, dated 21st March, 1972
- 3, dated 21st March, 1972
- 4, dated 27th March, 1973
- 6, dated 12th July, 1975
- 7, dated 24th March, 1979
- 8, dated 13th September, 1979
- 9, dated 28th September, 1979
- 10, dated 6th November, 1981
- 5, dated 16th March, 1988
In exercise of the powers conferred by sub-section (I) and clause (b), (f ), (2) and (3) of sub-section (2) of section 143 of the Bombay Prohibition Act, 1949 (Bom. XXV of 1949) and of all other powers enabling it in this behalf, and in supersession of the Rules of published in Government Notification, Revenue Department, No. FLR. 1358/53169, dated the 30th April, 1959, the Government of Maharashtra hereby makes the following Rules, the same having been previously published as required by sub-section (3) of the section, 143, namely ;
1. Short title शीर्षक.[View all order & notifications]
These rules may be called the Maharashtra Foreign Liquor (Storage in Bond) Rules, 1964.
2 Definitions व्याख्या.[View all order & notifications]
Definitions—In these Rules unless the context requires otherwise.–
“Act” means the Bombay Prohibition Act, 1949 ;
“bonded warehouse” means a place in respect of which a licence for the storage of foreign liquor without payment of duty is granted under these Rules;
“Excise supervision” means the supervision of foreign liquor in relation to its receipt, issues, transport and storage in bond by member of the staff of the Prohibition and Excise Department appointed in that behalf by the Commissioner
“Foreign liquor” means potable foreign liquor of the following kinds, namely ; (i) spirits, (ii) wines, and (iii) fermented liquors.
“Form” means a form appended to these Rules ;
“Licence” means a licence granted under rule 4 ;
“licensee” means a person holding licence under these Rules ;
“officer-in-charge” means an officer of the Prohibition and Excise Department appointed for the purpose of supervising the operations at a bonded warehouse;
“to store foreign liquor in bond” with its grammatical variations means to store, deposit or keep foreign liquor in a bonded warehouse without payment of excise duty or countervailing duty or other fees payable thereon.
3. Application for license परवान्यासाठी अर्ज.[View all order & notifications]
Any person desiring to store foreign liquor in bond shall make an application for a license in that behalf to the Commissioner through the Collector. The application shall 1 [be accompanied by a challan evidencing payment of a fee of, five hundred rupees for such application and shall contain the following particulars, namely :–
(a) Name and address of the applicant (in case of a firm or company; the names and addresses of partners or Directors) ;
(b) Name and address of the place where foreign liquor is to be stored in bond together with the description and the correct plan of the building or rooms to be used as a bonded warehouse in triplicate ;
(c) The maximum quantity of each kind of foreign liquor required to be stored in bond at any one time ;
(d) Date from which the applicant desires to store in bond foreign liquor.
(e) Whether the applicant is prepared to deposit the amount of security provided in sub-rules (2) of rule 4 as gurantee for the observance of the provisions of the Act, and the rules, regulations and orders made thereunder :
(f ) Whether the applicant holds a Trade and Import license under the Bombay Foreign Liquor Rules, 1953.
The applicant shall give an undertaking to the effect that he shall abide by the provisions of the Act and the rules, regulations and orders made thereunder and the conditions of the license and shall execute a bond in “Form B. W. A.” for the payment of duty.
4. Grant of license परवाना देणे.[View all order & notifications]
2 [If, on receipt of the application under sub-rule (1) the Commissioner is satisfied that the proper enquiries have been instituted by the Collector in respect of the request of the applicant and the applicant is fit person to hold the licence applied for] he may, with the previous sanction of the State Government, grant the applicant a licence in Form B. W. 1 on payment of 3 [a fee (inclusive of consideration) of Rs. 50,000] and of security deposit of Rs. 10,000.
No licence under sub-rule (2) shall be granted for a period beyond 31st of March next following the date of the commencement of the licence.
on receipt of the application under rule 3, the Collector shall verify the particulars given therein and satisfy himself that the building or rooms of the bonded warehouse conform to the requirements of regulation 3 of the Maharashtra Foreign Liquor (Storage and Supply) Regulations, 1964. He may make such inquiries as he deems necessary 1 [in respect of bona fides of the applicant, whether the applicant is a fit person to hold the license and is likely to abide by the provisions of the Bombay Prohibition Act, 1949 and the rules and orders issued thereunder] and if he sees no objection to permitting the applicant to store in bond foreign liquor at the place specified in the application, he shall forward the application to the Commissioner with his recommendation.
5. Procedure after grant of licence परवाना दिल्यानंतरची प्रक्रिया.[View all order & notifications]
The Commissioner shall retain the originals of the description and plan referred to in rule 3, forward the duplicate thereof to the officerin charge through the Collector and return the triplicate to the licensee.
6. Transactions to be under excise supervision संपूर्ण व्यवहार अबकारी पर्यवेक्षणखाली असावेत.[View all order & notifications]
All transactions pertaining to the receipt, transport, storage in bond and issues of foreign liquor shall be under excise supervision and in accordance with the provisions of the Maharashtra Foreign Liquor (Storage and Supply) Regulations, 1964.Provided that except with the permission of the Collector the licensee shall not carry out any such transactions 1[on Sunday] and public holidays notified under section 25 of the Negotiable Instruments Act, 1881.
7. Appointment of staff कर्मचाऱ्यांची नियुक्ती.[View all order & notifications]
The Commissioner may appoint such staff at the bonded warehouse for excise supervision as he deems necessary and the cost of such staff shall be paid to the State Government by the licensee as provided by an order under section 58-A of the Act.
8. Licensee to maintain accounts परवानाधारकाने हिशोब ठेवणे.[View all order & notifications]
The licensee shall maintain from day to day correct and true accounts of foreign liquor received in, issued from and held in balance at, the bonded warehouse. The accounts shall be maintained in a Register in Form B. W. R.
4-A Procedure for grant of license for subsequent periods त्यानंतरच्या कालावधीसाठी परवाना देण्याची प्रक्रिया.[View all order & notifications]
Where any licensee desires to continue to store foreign liquor in bond after the date of expiry of his license and makes an applicant mentioned in rule 3 5 [accompanied by a challan evidencing payment of the application fee of Rs. 25] at least thirty days before such date the provision of rule 4 shall mutalis mutandis apply to the grant of the license with this modification that unless the state Government directs otherwise, it shall not be necessary for the commissioner to obtain the pervious sanction of the State Government].
FORM “B. W. A.
See rule 3 (2)
Form of bond to be executed by the licensee of foreign liquor bonded warehouse
FORM “B. W. 1
See rule (4)2
Licence authorising storage in bond of foreign liquor
FORM B. W. R
See rule 8
Register of accounts of foreign liquor stored in bond, issued and held in balance at the bonded warehouse of ............................ for month of ............................. 19