THE MAHARASHTRA FOREIGN LIQUOR (SALE ON CASH, REGISTER OF SALES, ETC.) RULES, 1969

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G. N., H. D., NO. FLR 1068/5945-III, DATED 3RD JULY, 1969 (M. G., PT. IV-B. P. 848), dated 3rd July, 1969

In exercise of the powers conferred by 1 [clause (b), (hl), (iii), (iv) and (vi), (k) and (l 2 ) and (l 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 that behalf, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (3) of the said section 143], namely :––

1 Title शीर्षक..[View all order & notifications]

These rules may be called the Maharashtra Foreign Liquor (Sale on Cash Register of Sales, etc.) Rules, 1969.]

2 Extent व्याप्ती.[View all order & notifications]

These Rules extend to the whole of the State of Maharashtra.

3 Definitions व्याख्या.[View all order & notifications]

In these Rules, unless the context requires otherwise,–

(1)

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

(2)

“ Foreign Liquor Rules ” Means the Bombay Foreign Liquor Rules, 1953 ;

(3)

“ Foreign liquor ” has the meaning assigned to it in the foreign Liquor Rules ;

(4)

“ Form ” means a Form appended to these Rules ;

(5)

“ Licensee ” means a person holding a licence for the purchase, possession, or sale of foreign liquor under the Foreign Liquor Rules ;

(6)

“ Licensing authority ” means the authority empowered to grant licences under the Act ;

(7)

“ mild liquor ” has the meaning assigned to it in the Foreign Liquor Rules ;

(8)

“ permit-holder ” means a person who holds a permit under the Foreign Liquor Rules and who is authoriesed to purchase foreign liquor from a licensee under those rules ;

1 [(9)

“ purchaser ” means a person who is entitled to purchase mild liquor ;]

(10)

“ Words and expressions” used in these Rules but not defined shall have meanings respectively assigned to them in the Foreign Liquor Rules.

4 Prohibition on sale of foreign liquor except for cash रोख रकमेशिवाय विदेशी मद्यविक्रीवर बंदी.[View all order & notifications]

A licensee shall not sell any foreign liquor except for cash :

2 [Provided that the holder of 3 [Trade and Import and Club licence] may sell foreign liquor on credit.]

5 Duplicate cash memo to be made by the licensee, etc परवानाधारकाने बनवलेला डुप्लिकेट कॅश मेमो इ..[View all order & notifications]

A licensee or his authorised agent or servant shall make out a cash memo in duplicate which shall be signed by the licensee or his authorised agent or servant, as the case may be : 4 [Provided that, the licensee may make out the cash memos in such numbers exceeding two as may be required by him with the previous permission in writing of the licensing authority.]

6 Cash memo to be handed over to permit-holder etc परमिटधारकाला कॅश मेमो द्यावा इ.[View all order & notifications]

The original copy of the cash memo shall be handed over to the permit-holder 5 [or purchaser, as the case may be,] 6 * * * and the duplicate copy shall be retained by the licensee for his record. The triplicate and quadruplicate copies of cash memos shall be retained by the licensee for any purpose other than excise matters.

7 Details of cash memo कॅश मेमोचा तपशील.[View all order & notifications]

The Cash memo shall clearly show –

(i) the name of the licensee, his licence number and the nature of the licence held by him;

2 [(ii) the name of the permit-holder, his address, his permit number and the nature of the permit held by him, when foreign liquor is sold to the permit-holder and the name, address and age of the purchaser, when mild liquor is sold to the purchaser ;

(iii) the details regarding the brand and the quantity of foreign liquor or mild liquor sold or of both ; and]

(iv) the amount charged in respect of the sale of such liquor :

3 [ * * * *

8 Inspection of cash memos कॅश मेमोची तपासणी.[View all order & notifications]

The duplicate copies of the cash memos shall at all reasonable times be open to inspection by the Prohibition and Excise Officer not lower in rank than a Sub-Inspector of Prohibition and Excise, or any Prohibition Officer duly empowered under section 122 of the Bombay Prohibition Act, 1949.

9 Trade and import licence व्यापार आणि आयात परवाना.[View all order & notifications]

No licensed premises in respect of which a trade and import licence 4* * * has been granted for the sale of foreign liquor Rules shall be kept open for the sale of foreign liquor 5 [on Sunday] ~~and public holidays notified under section 25 of the Negotiable Instrument Act, 1881~~. 6 [On other days, no licensed premises in respect of which a trade and import licence has been granted shall be kept open except during the hours 7, 13[from 10-00 a.m. to 8-00 p.m.] * * *

8 [Provided that no licensed premises in respect of which any such license has been granted shall be kept open for the sale of foreign liquor on the 2nd of 11[October every year and on such special occasions and in such area as the State Government may after giving notice of not less than seven days in the Official Gazette, and in any local newspaper having wide circulation in such area, specify in this behalf, and no licensee shall be entitled to any compensation for closure of his licensed premises on such day on such special occasion and days mentioned in clause (c) of sub rule (2) of rule 9A]

10 Hotel licenses हॉटेल परवाने.[View all order & notifications]

(1)

Every licensed premises in respect of which a hotel license has been granted for the sale of foreign liquor under the Foreign Liquor Rules shall, subject to the provisions of sub-rule (2) of this rule, be kept open every day during the hours from 9, 10[11.30 a.m. to 23.30 p.m.] for the sale of foreign liquor :

8 [“ Provided that, such licensed premises situated within the jurisdiction of the Police Commissioner shall, subject to the provisions of sub-rule (2) of this rule, be kept open every day during the hours from 11.30 a.m. to 1.30 a.m. (after midnight) for the sale of foreign liquor :]

Provided further that, the licensed premises in respect of hotels having three stars and above category may be kept open during the closure days except the provision of clause (c) of sub-rule (2) of rule 9A of the principal Rules, during the prescribed hours for the sale of foreign liquor”.]

(2)

The provisions of 4 [sub-rule (2)] (4) and (5) of rule 9A of these rules relating to the closure of license premises in respcet of which a vendor’s license has been granted under the Foreign Liquor Rules shall mutatis mutandis apply to the closure of licensed premises in respect of which a hotel license has been granted for the sale of foreign liquor : “

Provided that the licensed premises in respect which such a hotel license has been granted may be kept open during the closer days solely to persons holding foreign passports during the prescribed hours.

3 [ * * *]

11 Club licence क्लब परवाना..[View all order & notifications]

(1)

Subject to the provisions of sub-rule (2), the licensed premises in respect of which club license has been granted for the sale of foreign liquor under the Foreign Liquor Rules shall not be kept open except [during the hours from 11-30 to 11.30 p.m.] during all days.4 [* * *]

Provided that, the licensing authority may 1 [ * * *] permit a club licensee to change the working hours and closure days in relation to sale of foreign liquor on the licensed premises of the Club.

7 [“Provided further that, such licensed premises situated within the jurisdiction of the Police Commissioner shall subject to the provisions of sub-rule (3) of this rule, be kept open every day during the hours from 11-30 a.m. to 1-30 a.m. (after midnight) for the sale of foreign liquor”;]

2 [(3)

The provision of clause 6 [(c) (1) and (C) (2)] of sub rule (2) of rule 9A of these rules relating to closure of licensed premises in respect of which vendor licence has been granted under the Foreign Liquor Rules shall mutatis mutandis apply to the closure of licensed premised in respect of which club licence has been granted for sale of foreign liquor :]

12 Deposits ठेवी.[View all order & notifications]

The amount of security to be deposited by the holder of a license specified in column 1 of the Schedule hereto annexed shall be as specified against it in column 2 thereof.––

Schedule

Nature of the license Amount of deposit Rs.

1. Trade and import license . . . . . . 10,000

2. Vendor’s license . . . . . . . . 10,000

3. Hotel license . . . . . . . . 5,000

4. Club license . . . . . . . . 1,000

13 Treasury where security deposit shall be paid कोषागार जेथे सुरक्षा ठेव भरली जाईल.[View all order & notifications]

The amount of security deposit shall be paid in greater Bombay, in the Treasury of the Prohibition and Excise Department, situated on the first floor of the Old Custom House, Fort, Bombay-1 and elsewhere, at the nearest District or Taluka Treasury, or any bank authorised by Government for such acceptance.

14 Maintenance of register etc., by a holder of license परवाना धारकाकडून रजिस्टर इ.ची देखभाल करणे.[View all order & notifications]

Every holder a trade and import license shall

(i) maintain a register in Form F.L.R. 1, duly paged and sealed with the seal of the Collector in which he shall write every day before the close of the licensed premises, correct accounts of that day’s transactions of foreign liquor at his licensed premises in a neat and legible manner ; and

(ii) submit to the Superintendent of Prohibition and Excise or the District inspector of Prohibition and Excise as the case may be, not later, than the 7th day of every month, a return in From F.L.R. 2, showing the abstract of the accounts of transactions of foreign liquor at his licensed premises during the preceding month.

15 Maintenance of Register etc, रजिस्टरची देखभाल इ..[View all order & notifications]

by a holder of vendor’s license etc.-Every holder of a vendor’s license, a hotel license and club license shall.––

(i) maintain a register in Form F.L.R. 3, duly paged and sealed with the seal of the Collector in which he shall write everyday before the close of the licensed premises, correct accounts of that day’s transactions of foreign liquor at his licensed premises in a neat and legible manner, and

(g) submit to the Superintendent of Prohibition and Excise the District Inspector of Prohibition and Excise, as the case may be, not later than the 7th day of every month, return in form F.L.R. 4, showing the abstract of the account of transactions of foreign liquor at his licensed premises during the preceding month.

(iii) (a) a holder of a vendor’s license shall keep a register in Form F.L.R. 5, duly paged and sealed with the seal of the Collector, in which he shall record every day before the close of the licensed premises, the names of the permit holders to whom foreign liquor is sold by him 1 [and their addresses, and permit numbers] ;

(b) A holder of a hotel or club license, as the case may be, shall keep a register in From F.L.R. 6, duly paged and sealed with the seal of the Collector, in which he shall record every day before the close of the licensed premises, the names of the permit holders to whom foreign liquor is sold by him 1 [and their addresses, and permit numbers]

Provided that in the case of sale of mild liquor to a purchaser only the names address and age of the purchaser and the quantity sold should be recorded in register F.L.R. 5 or F.L.R. 6 as the case may be, and the remaining columns of the said registers should be kept blank.

13 Treasury where security deposit shall be paid.[View all order & notifications]

14 Maintenance of register etc., by a holder of licence परवाना धारकाकडून रजिस्टर इ.ची देखभाल करणे.[View all order & notifications]

Every holder a trade and import licence shall

16 Registers of sales of foreign on Liquor presription. लिकर प्रिस्क्रिप्शनवर विदेशी विक्रीची नोंदी..[View all order & notifications]

(1)

The register regarding prescriptions prescribing brandy or rum to be maintained under sub-rule (1) of rule 88 of the Foreign Liquor Rules by a licencee, not being a registered medical practitioner, shall be in Form F.L.R. 7, duly paged and sealed with the seal of the Collector

(2)

The register regarding prescriptions prescribing brandy or rum to be maintained under sub-rule (2) of rule 88 of the Foreign Liquor Rules by a licensee, who is a registered medical practitioner, shall be in Form F.L.R. 8, duly paged and sealed with the seal of the Collector

(3)

The register regarding the accounts of the quantity of brandy and rum dispense to be maintained under sub-rule (3) of rule 88 of the Foreign Liquor Rules, by a licensee holding a licence to dispense brandy or rum on prescription shall be in Form F.L.R. 9, duly paged and sealed with the seal of the Collector.

(4)

The registers regarding prescriptions prescribing wines and accounts of such wines dispensed to be maintained under 93 of the Foreign Liquor Rules, by a licensee holding a licence to sell such foreign liquor on prescription shall be respectively in Forms F, L.R. 10 and F.L.R. 11, duly paged and sealed with the of the seal of Collector.

17 Prohibition of sale of foreign liquor to certain persons विशिष्ट व्यक्तींना विदेशी मद्यविक्री करण्यास मनाई.[View all order & notifications]

No person holding a license for sale of foreign liquor under the Foreign Liquor Rules, shall sell foreign liquor to any person holding a permit or who is entitled to purchase mild liquor without a permit, under the said rules if such person is

(1) a police officer in uniform ;

(2) 2 [ Prohibition and Excise Officer on duty] ;

(3) a railway servant on duty ;

(4) an insane person ; or

(5) a person who is intoxicated.

18 Repeal रद्द करणे.[View all order & notifications]

(1)(a)

The Bombay Foreign Liquor (Deposits) Regulations, 1953, (b) the Foreign Liquor Licensees Registers Regulations, 1953, (c) the Bombay Foreign Liquor (Sale on Cash) Regulations, 1950, (d) the Foreign Liquor (Registers of sales on Prescription) Regulations, 1952, and

(2) (a)

The Commissioner of Prohibition and Excise, Bombay’s Notification No. 51-25/50 (F.L.I.), date the 1st February 1951, and (b) Government Notification, Revenue Department, No. 10484/45, dated the 5th March 1953, are herby repealed, except in respect of anything done or omitted to be done under those regulations or notifications.

9A. Vendor’s license विक्रेत्याचा परवाना.[View all order & notifications]

(1)

Every licensed premises, in respect of which a vendor’s license has been granted for the sale of foreign liquor under the Foreign liquor Rules shall, subject to the provisions of sub-rules (2) and (3) of this rule, shall be kept open every day during the hours 10,11,12,13[from 10.00 a.m. to 22.30 p.m.] for the sale of foreign liquor.

“Provided that, in respect of licence in Form F.L. II which has been upgraded to the category of Elite Outlet in Form F.L. II/E.O. or to the category of Super Premium Outlet in Form F.L. II/S.P.O for sale of foreign liquor under the Bombay Foreign Liquor Rules, 1953, subject to the provisions of sub-rule (2), shall be kept open every day during the hours from 10-00 A.M. to 23-30 P.M. for sale of foreign liquor.”.

(2)

No licensed premises in respect of which any such license has been granted shall be kept open for the sale of foreign liquor on,

1 [(a) The day on which the licensed premises is required to be kept closed under the Bombay Shops and Establishment Act, 1948 (Bom. LXXIX of 1948)] and the License premises is situated in the area where in the said Act is not in operation the holder of license shall give one 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 i.e 2nd October.

viii) Kartiki Ekadashi]

7,10[(C) (1) fourt eight hours ending with the hour 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.”.]

7 [(2) 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 such day of poll and on the counting days.”]

(d) Such special occasions and in such area as the collector may, after giving notice of nor less than seven days in the Official Gazette and in any local news paper having wide circulation in such area specify in this behalf.

(3)

3* * * * * * *

(4)

For the purposes of 4[sub-clause (vi) of clause (b) of sub-rule (2) of this rule the Collector shall, as for 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 5 [important fairs or, as] the case may be, of the pay day during which and the areas in which, the licensed premises shall remain closed :

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

(5)

No licensee shall be entitled to any compensation for closure of his licensed premises under sub-rule (2) and (3) of this rule.]

16A. Every holder license shall maintain additional register in form FLR-3A, प्रत्येक परवानाधारक FLR-3A फॉर्ममध्ये अतिरिक्त रजिस्टर ठेवेल.[View all order & notifications]

Every holder of a Trade and import License, vendor license and Hotel or Club license shall maintain additional register in form FLR-3A, in prescribed proforma, appended hereto, at his licensed premises. Register may be duly paged and sealed with the seal of Collector in which he shall write every day before the close of the licensed premises, correct brandwise stock and accounts of that day’s transactions of each brand of foreign liquor in stock at the licensed premises in a neat and legible manner.”]

FROM F. L. R. I

See rule 14 (i)

Register of transactions of foreign liquor effected by .......... holder of the ordinary trade and import licence No. ......... duringdinary trade and import licence No. ......... during the month of

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FORM F. L. R. 2

See rule 15 (ii)

Monthly return of transactions of foreign liquor effected by ordinary trade and import licensee

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FORM F. L. R. 3

See rule 15 (i)

egister of transactions of foreign liquor effected by .......... holder of vendor’s/hotel/club licence No. ......... during the month of.....

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FORM F. L. R. 3A

See Rule 16-A, See condition 5(c) of licence in Form ‘E

Name of Licence : Month : Year : Kind of Licence and Number :

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FORM F. L. R. 4

See rule 15 (ii)

Monthly return of transactions of foreign liquor effected by Vendor’s/ club license

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FORM F. L. R. 5

See rule 15 (ii) (a)

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FORM F. L. R. 6

See rule 15 (iii) (b)

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FORM F. L. R. 7

See rule 16 (1)

Register maintained by a licensee not being a registered medical practitioner showing full name and addresses of registered medical practitioners whose prescriptions prescribing brandy or rum are dispensed by the licensee and of persons in whose names such prescriptions were issue

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FORM F. L. R. 8

See rule 16 (2)

Register maintained by a licensee being a registered medical practitioner showing full names and addresses of persons in whose names prescriptions prescribing brandy or rum are issued.

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FORM F. L. R. 9

See rule 16 (3)

Register of day-to day accounts showing quantity of brandy or rum dispensed and the balance held in stock by the licensee.

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FORM F. L. R. 10

See rule 16 (4)

Register showing full names and addresses of registered medical practitioners on whose prescription champagne. Port-type Wine, Port-Wine, Wincarnis, Vibonas, Manola and Bukfast Tonic Wine, were sold by the licensee and of the persons to whom they were sold.

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FROM F. L. R. 11

See rule 16 (4)

Register of day to day accounts showing the quantity of Champagne, Port-type Wine, Port-Wine, Wincarnis, Vibrona, Manola and Buckfast Tonic Wine, sold on prescription and the balance held in stock

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1. Preliminary प्राथमिक (1-3)

2. Sale On Cash रोखीने विक्री (4-8)

3. Working Hours and Days कामाचे तास व दिवस (9-11)

4. Security Deposit by the Licensees सुरक्षा ठेव (12-13)

5.Registers to be Maintained नोंदवह्या ठेवणे (14-16A)

6. General सर्वसाधारण (17-18)

THE MAHARASHTRA FOREIGN LIQUOR (SALE ON CASH, REGISTER OF SALES, ETC.) RULES, 1969

FROM F. L. R. I

FORM F. L. R. 2

FORM F. L. R. 3

FORM F. L. R. 3A

FORM F. L. R. 4

FORM F. L. R. 5

FORM F. L. R. 6

FORM F. L. R. 7

FORM F. L. R. 8

FORM F. L. R. 9

FORM F. L. R. 10

FROM F. L. R. 11