THE BOMBAY FOREIGN LIQUOR RULES, 1953

“Act” means the Bombay Prohibition Act, 1949;

"कायदा" म्हणजे मुंबई दारूबंदी कायदा १९४९;

1 * * *

“Club licensee” means a person holding a club licence under these rules;

“country liquor” has the same meaning as assigned to it in clause (c) of rule 2 of the Maharashtra Country Liquor Rules, 1973;]

“Duty-paid foreign liquor” means foreign liquor on which

(i) duty leviable under the Indian Tariff Act, 1934, or 3 [ the Sea Customs Act, 1962, or]

(ii) the excise or countervailing duty under the Act has been paid and includes foreign liquor which is exempted from such duty; 

“Excise supervision” means the supervision by the members of the staff of the Prohibition and Excise Department appointed in that behalf by a competent authority;

 (1) “Foreign Liquor” means potable duty-paid foreign liquor of the following kinds, namely;

(i) spirits,

4 [(ii) wines,

(iii) fermented liquors, and

(iv) mild liquors.]

(v) local liquor

(2) (a) “Spirits” means brandy, whisky, 5 [rum], 6[club cup, gin] liquors and milk punch,

(b) “Wines” means Champagne, Moselle, Burgundy, Chianti, White Wines, Clarets, Hocks, Riesling, Madeira, Ginger-Wine, Port-type, Port, Vermouth, Sherry, 7 [Wincarnis, Vibrona, Manola, Buckfast Tonic-Wine] and such other wines as the State Government may be notification in the Official Gazette specify 8 [being wines having alcoholic strength exceeding 5 per cent, alcohol by volume (i.e. equivalent to 8.75 per cent. of proof spirit)]; 9 [Explanation.—For the purposes of this item “Wincarnis” means Wincarmis prepared according to the following formula, namely:— 18 per cent. alcohol by volume.

Sodium Glycerophsphate liquid B.P.C. . . . . 1.7 per cent, W/v.

Meat Extract . . . . 0.46 per cent. W/v.

Malt Extract B.P. . . . . 0.46 per cent. W/v.

Blended Wine to 100 vols.]

(c) “Fermented liquor” means ale, beer, milk stout (Porter), Cider8 [having alcoholic strength exceeding 5 per cent. alcohol by volume (i.e. equivalent to 8.75 per cent. of proof spirit)] and such other fermented liquors as the State Government may by notification in the Official Gazette, specify;

[“(d) “mild liquor” means,

(a) mild beer having alcoholic strength not exceeding 5 per cent v/v which is equivalent to 8.75 per cent of proof spirit;

(b) any foreign liquor other than mild beer having alcoholic strength not exceeding 5 per cent v/v which is equivalent to 8.75 per cent of proof spirit;”.]

(d) "mild liquor" means,
(A) Mild Liquor-A.
(i) mild beer having alcoholic strength not exceeding 5% v/v which is equivalent to 8.75% of proof spirit ;
(ii)  any foreign liquor other than mild beer having alcoholic strength not exceeding 5% v/v which is equivalent to 8.75% of proof spirit ;
(B) Mild Liquor-B.  any foreign liquor other than fermented liquor having alcoholic strength exceeding 5%  v/v which is equivalent to 8.75% of proof spirit but not exceeding 8%  v/v which is equivalent to 14% of proof spirit ;

“(e) “local liquor” means any foreign liquor Manufactured by using spirit produced from cashew apples, mohwra flowers or any other fermentative bases of fruits or flowers which are produced locally in state and having alcoholic strength 25 o U.P.”

“Form” means a form appended to these rules;

“hotel license” means a person holding a hotel licence under these rules;

“Licensed premises” means premises in respect of which a licence has been issued under these rules;

“license” means a person who has been granted a licence under these rules;

"अनुज्ञप्तीधारक" म्हणजे या नियमांतर्गत ज्याला अनुज्ञप्ती मंजूर करण्यात आली आहे अशी व्यक्त;

“permit-holder” means a person holding a permit under these rules or holding a liquor permit for foreign tourist, granted by visa-issuing Officer of Indian Missions Overseas or the Director or Assistant Director, Government of India, Tourist Office, at any place overseas, and in Bombay, Calcutta, New Delhi and Madras;]

“prescription” means a prescription issued by a registered medical practitioner;

"औषधपत्रक" म्हणजे नोंदणीकृत वैद्यकीय व्यवसायी यांनी दिलेले औषधपत्र;

“privileged personage” means a person falling under Section 41 of the Act;

"विशेषाधिकार असलेली व्यक्ती" म्हणजे अशी व्यक्ती जीचा या कायद्याच्या कलम ४१ अंतर्गत समावेश केलेला आहे;

2 * * * *

“sale by wholesale” means sale to licensed retailers or wholesalers;

"घाऊक विक्री/ठोक विक्री" म्हणजे किरकोळ किंवा ठोक अनुज्ञप्तीधारकांना विक्री करणे;

3 * * * *

“temporary resident” means a person falling under clause (c) of sub-section (1) of Section 40 of the Act;

"अस्थायी रहिवासी" म्हणजे अशी व्यक्ती ज्याचा समावेश या कायद्याच्या कलम ४० चे पोट-कलम (१) चे खंड (क) मध्ये गणना केली जाते: 

“trade and import licensee” means a person holding a trade and import licence under these rules;

"व्यापार आणि आयात अनुज्ञप्तीधारक" म्हणजे  या नियमांतर्गत व्यापार आणि आयात अनुज्ञप्ती धारण करणारी व्यक्ती:

‘unit’ means the quantity of foreign liquor or country liquor or of both, equivalent to,—

(i) 750 mililitres of spirit or country liquor, or

(i) 1000 milliliters of spirits or country liquor, or

(ii) 1,500 militres of wines, or

(iii) 2,600 Millilitres of fermented liquor (including mild liquor where a permit is required for the purchase, possession, transport, use and consumption of mild liquor); 

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

“Growler” means a jar or container of at least one litre but not more than 5 litre made of any suitable food grade material to be filled on-premise on order from kegs received from microbrewery or a restaurant-brewery license holders and can be sealed temporarily after storing beer.  

“Growler” means a jar or container of at least one litre but not more than 5 litre made of any suitable food grade material to be filled on-premise on order from kegs received from microbrewery or a restaurant-brewery or winery license holders and can be sealed temporarily.”.

Any person desiring to import and sell of wines by wholesale shall apply to the Collector   Superintendent of State Excise in Form F. L. W/A-1A for a trade and import licence for wines in that behalf. Every such application shall be accompanied by chalan evidencing payment of a fee of rupees fifty in respect of such application.

On receipt of the application, under sub-rule (1), the Collector Superintendent of State Excise may make inquiries for verification of the details stated in the application and also such other inquiries as he deems necessary, for the disposal of application. If he is satisfied that there is no objection to grant the licence applied for, he may with the previous sanction of the State Government, grant the applicant, a licence in Form “F.L.W.I.” on payment of fee of rupees five thousand and deposit of rupees five thousand.

The provisions of rules 5-B, 6, 6A, 7 to 15, 16 (2), 18 to 23 applicable for licence in “Form FL-I”, shall apply mutatis mutandis, to licence in “Form F. L. W. I.”.]

For Spirits.—

(1) Upto 10 labels per authorised licensee Rs. 10,000 for each label per annum.

(2) In excess of 10 labels licensee Rs. 5,000 for each label per annum.

For Wine and Beer.—

(1) Upto 10 labels per authorised licensee Rs. 5,000 for each label per annum.

(2) In excess of 10 labels Rs. 2,500 for each label per annum.]

(a) A trade and import licensee shall exhibit at his licensed premises a list, supplied by the Commissioner from time to time, showing the names and addresses of persons holding licences for the sale of foreign liquor.

(b) Such licensee shall not sell foreign liquor to any person in the 1 [State of Maharashtra] unless such person holds licence for the sale of foreign liquor or for the possession and use of foreign liquor for the manufacture of medicinal preparations to which section 24-A of the Act applies 3 [or holds licence in Form PLL for manufacture of Indian Made Foreign liquor under the Maharashtra distillation of spirit and Manufacture of potable Liquor Rules, 1966 and who is permitted by the Commissioner to use foreign liquor for blending purposes] and produces a 2 [transport 8 [“passes in Parts I, II, III and IV of Form FL-I-A, issued by the licensee or his authorised servant duly authorised by the Superintendent of the State Excise in that behalf, and Parts, I, III and IV of Form FL-I-A of the transport passes so produced shall be countersigned by the Excise Officer duly authorised in that behalf, upto next working day after verifying the accounts”]

4,5[**] 

A trade and import licensee shall not sell foreign liquor to any person outside the 1 [State of Maharashtra] except with the permission of the Collector. No such sale shall be effected unless the licensee is satisfied that the export of the liquor is covered by a valid export pass.

A trade and import licensee may with the special permission of the Collector sell foreign liquor out of his stock in customs bond to a ship going abrod provided that the person in-charge of such ship produces a valid transport pass.

A trade and import licensee may sell foreign liquor to persons referred to in section 41 of the Act out of his stock in customs bond provided that they hold special permits under the said section and produce a valid transport pass.

A trade and import licensee may also supply foregin liquor to any depot referred to in rule-43, provided that such supply is covered by a valid 2 [transport pass in Form F.L.IA] if the licensee has to make delivery to such depot.

The price at which the licensee shall supply foreign liquor shall not exceed the maximum price fixed by the 3 [State Government] under the Act.

All transactions pertaining to receipt, transport, storage, purchase and sale of foreign liquor shall be carried out under excise supervision:

5 [Provided that, the Collector may allow the licensee to transport by road without excise supervision, 4 [Indian made foreign liquor] on which excise duty and fee, if any, have been paid.]

Such transactions shall be carried out during such working hours and on such day as have been prescribed under the Maharashtra Foreign Liquor (Sale on Cash, Register of Sales, etc.) Rules, 1969.]

no person shall be recognized as partner of the trade and import licensee for the purposes of his 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 to alter the licence and 1 [to add the name or names of the partner or partners in the licence:]

2 * * * * *

3 [1A) Except with the previous sanction of the 4 [ Collector], no person recognized as partner under sub-rule (1) shall be allowed to withdraw from the partnership and to have his name as partner deleted from the licence.] 

(a) Subject to the provisions of clause (b), a trade and import licensee shall carry on business under the licence either personally, or by an agent or servant duly authorised by him in this behalf by a written Nokarnama in Form F.L.XIV. signed by himself and countersigned by a Prohibition and Excise Officer not lower in rank than a Sub-Inspector.

Provided that, any such Nokarnama signed by the licensee shall be valid until countersignature is refused. For every Nokarnama issued by him and countersigned, the licensee shall pay a fee of Rupees 1;

(b) A trade and import licensee shall not authorise any of the following persons as his agents or servants, namely ;

(i) persons below twenty- one years of age;

(ii) persons suffering from any infectious or contagious disease;

(iii) persons of unsound mind;

(iv) persons who, in the option of the Collector, are of a bad character;

(v) persons whose Nokarnamas or licences have previously been cancelled; or

(vi) persons convicted of any offence:

Provided that, in the case of persons falling under clauses (iv), (v) and (vi) the Collector may make such inquiries as he deems necessary for the removal of disqualification and if he is satisfied that there is no objection he may, for reasons to be recorded in writing, remove the same at any time :

Provided further that, if for any reason the Collector shall order the withdrawal of any Nokarnama issued by the licensee, the Nokarnama shall forthwith be withdrawn.]

(a)A trade and import licensee, shall keep in the licensed premises and also in his warehouse and up-to-date list showing the names of all authorised agents or servants.

(b) The licensee shall keep in the licensed premises and also in his warehouse, in a bound-book of stout paper, paged and stamped with the seal of the Collector accounts in such form as may be prescribed by the Commissioner. The accounts shall be clearly and correctly written up-to-date daily. With these accounts shall be filed the transport passes under cover of which foreign liquor was received, sold or transported. These accounts shall be open to inspection by the Collector or any other officer empowered under section 122 of the Act.

(c) The licensee shall submit such returns as may be prescribed by the Commissioner.

(d) The licensee shall keep a complete set of testing instruments for testing foreign liquor

The licensed premises and the warehouse of a trade and import licensee and all foreign liquor contained in such premises or warehouse shall at all times be open to inspection by the Collector and the Prohibition Officers empowered under section 122 of the Act and 1 [also by the Commissioners of Police, Bombay, Nagpur and Poona within their respective jurisdictions,] and elsewhere also by the District Superintendent of Police.

The licensee shall, when called upon by any Prohibition and Excise 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, and shall answer all reasonable question to the best of his knowledge and belief. He shall also, on demand, allow an inspecting officer to take without payment samples for analysis.

The licensee shall keep a visit book paged and stamped with the seal of the Collector in which visiting officers may record any remarks when inspecting the licensed 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 or Sub-Inspector.

Every trade and import licensee shall comply promptly with all orders or directions issued from time to time under the Act and the rules and regulations and orders made thereunder.

Such licensee shall give an undertaking to the Collector to that he will abide by the provisions of the Act and rules, regulations and orders made thereunder and that he agrees to and will abide by all the conditions of the licence.

The licensee or his successors or assignees shall have no claim whatsoever to the continuance 2 * * * of the trade and import licence after the expiry of the period for which such licence was granted.

When a trade or import licence is suspended or cancelled during the currency of the licence period or is not renewed on its expiry, the licensee shall forthwith surrender the whole stock of unsold foreign liquor to the Collector. The stock so surrendered shall be sold by the Collector and the proceeds of the sale shall after deducting the expenses and any sum due to the State Government be returned to the licensee.

Collector of the District Chairman

Commissioner of Police or his representative who is not below the rank of Deputy Commissioner of Police.............Member

Superintendent of Police of the District except in Greater Bombay....... Member.

Chief Executive Officer of the Zilla Parishad of the District and in case of Greater Bombay area the Municipal Commissioner or his representative not below the rank of Deputy Municipal Commissioner........Member

Superintendent of Prohibition and Excise of the District...Member-Secretary

The Collector shall in confirmity with the Committee’s recommendation, and after satisfying himself that the premises proposed for location of the shop for selling foreign liquor are in conformity with the provisions of the rules and instructions issued by the State Government or the Commissioner in this behalf from time to time, and that there is no objections to grant the licence applied for, may inform the applicant of the decision and grant the licence in Form FL-II on payment of deposit of Rs. 10,000 and of a fee (inclusive of consideration) payable as per the scale given below :-

6 [1. Town with population upto 1 Lakh . . . . Rs. 25,000

2. City with population of 1 Lakh and above but below Ten Lakhs....Rs. 65,000.

3. City with population of 10 Lakhs and above . . Rs. 1,00,000]

Provided that, if the selected applicant fails to complete necessary formalities for obtaining the Licence within three months of receipt of intimation, it shall automatically be treated as cancelled and the Collector shall proceed to allot the licence to other suitable applicant. Explanation.—For the purposes of rules 24 and 25, “population” means the population of a town or a city, as the case may be, as ascertained from the latest Census Report, either provisional or final.]

No licence under sub-rule (1) shall be granted in respect of any shop,—

(a) which, in the opinion of the Collector or the Officer authorised by him in this behalf in writing, is not adequate for storing the required stock and for selling it; or

which shall exceed in area more than seventy square metres and which, in the opinion of the Collector or the Officer authorised by him in this behalf in writing, is not adequate for storing the required stock :

Provided that, this clause shall not be applicable to the existing premises, except for expansion, subject to seventy square meters. 

(b) which, if situated in areas within the jurisdiction of any Municipal Corporation or ‘A’ Class or ‘B’ Class Municipal Council, is within a distance of fifty metres, and if situated elsewhere, one hundred metres, from any educational or religious institution or any Statue of National Personality; or

(c) which is situated within a distance of fifty metres from any bus stand, station or depot of the Maharashtra State Road Transport Corporation ; or

(c1) which, if situated in areas within the jurisdiction of any local selfgovernment body having population not exceeding 20,000, is within a distance of two hundred and twenty metres and if situated elsewhere, within a distance of five hundred metres from the edge of any national or state highway, or in case of any existing service road then the distance from the edge of such service road adjacent to the national or state highway.”;

Provided that, if such National or State Highway passes through Municipal Corporation, Municipal Council, Nagar Panchayat or Cantonment Board area, such distance restrictions shall not apply

(d) which is not duly approved by the Collector or the Officer authorised by him in this behalf and is not, for reasons to be recorded in writing, certified by him to be otherwise suitable also for locating the shop before the grant the licence:

Provided that nothing contained in this sub-rule shall apply in respect of an existing shop for which the licensee holds a valid licence in Form F.L. II immediately before the comming into force of the Bombay Foreign Liquor (Amendment ) Rule, 1981.

Provided further that, if at any time after the commencement of the Bombay Foreign Liquor (Amendment) Rules, 2017 it is observed that, if any shop situated in areas within the jurisdiction of any local self-government body having population not exceeding 20,000, is within a distance of two hundred and twenty metres and if situated elsewhere, within a distance of five hundred metres from the edge of any national or state highway, or in case of any existing service road then the distance from the edge of such service road adjacent to the national or state highway, the licence shall cancelled forthwith.

Explanation.—For the purpose of this sub-rule,—

(i) “educational institution” means any pre-primary, primary, or secondary school, managed or recognised by any local authority or the State Government or the Central Government or any college affiliated to any University established by law, but does not include any private coaching institution ;

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

(iii) the distance referred to in clause (b) or (c) in clause (b), (c) or (c1) shall be measured from the mid-point of the entrance of the shop along the nearest path by which a pedestrian ordinarily reaches,—

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

(b) the mid-point of the nearest gate of the bus stand, station or depot, or of the Maharashtra State Road Transport Corporation, if there is a compound wall and if there is no compound wall, the nearest point of the boundary of such bus stand, station or depot, or.

(c) The mid-point of the nearest gate of the Statue, if there is a compound wall, and if there is no compound wall, the nearest point of foundation of such a Statue.

(d) the edge of any National or State highway, or in case of any existing service road then to the edge of such service road adjacent to the National or State highway.

(iv)  Statue of National Personality means any statue of the National Personality recognized by the Government and specified in the Schedule-I appended to these rules. 

(e) which shall bear a name of the national personalities or any subsequent change in the name of the national personalities and shall bear the name of any of the Forts declared by the Central Government as protected monuments under the Ancient Monuments Preservation Act, 1904 (7 of 1904) and by the State Government as protected monuments under the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960 (Mah. XII of 1961), as specified in the Schedule-II appended to these rules.

Any shop in respect of which a licence in Form F. L. II has been granted shall not be deemed to be situated within the prohibited distance referred to in clause (b) or (c) of sub-rule (2) if at any time after such licence is granted,—

(a) any institution "and any Statue of National Personality" referred to in clause (b) of sub-rule (2) comes into existence within a distance of fifty metres or, as the case may be, one hundred metres from that shop, or

(b) if any bus stand, station or depot referred to in clause (c) of the said sub-rule (2) comes into existence within a distance of fifty metres from that shop.] 

(a) a licensed shop shall not be shifted by a retail licensee to any other place within a taluka without prior approval of the Collector ;

(b) a licensed shop shall not be shifted by retail licensee to any place from one taluka to another taluka of the district without prior approval of the Commissioner;

Provided that, the number of licensed shops for such shifting shall not exceed 15% shall not exceed 30% of the total existing licensed shops in any district 4 [excluding Mumbai City and Mumbai suburban district] which would be inclusive of the licensed shop already shifted with prior approval of the Government or the Commissioner before the date of publication of these rules:

5 [“Provided further that, any licence shop shall not be shifted within the Mumbai City and Mumbai suburban District, without prior approval of the Government”]

Provided also that, the number of licensed shops for such shifting shall not exceed 30% of the total existing licensed shops in Chandrapur District as on the 31st March 2015.

(c) a licensed shop shall not be shifted by retail licensee to any place from one district to another district without prior approval of the Government ;

Provided that, the number of such licensed shops for shifting out of the district, other than Chandrapur district, shall not exceed 15 per cent.  shall not exceed 30 per cent ( and shall be deemed to have been substituted with effect from the 29th December, 2016 ;)   of the total licensed shops existing in the district at the time of commencement of these rules :
Provided further that, the number of such licensed shops shifted in the district from other district, shall also not exceed 15 per cent.  30 per cent  ( and shall be deemed to have been substituted with effect from the 29th December 2016 )            of the total licensed shops existing  in any district at the time of commencement of these rules: 

Provided also that, in case of Chandrapur District the number of licensed shops for shifting shall not exceed 15%  shall not exceed 30 per cent  of the total licensed shops existing in the Chandrapur district as on the 31st March 2015 .

(d) the shifting of licences under clauses (a), (b) and (c), shall be subject to the fulfillment of the following conditions, namely :—

2 [“(i) considering the sale of liquor of past five years, the sale of liquor of any two years of last four years shall be less than the sale of first year of the block of five years; or considering the sale of liquor of past five years, the sale of liquor of any three years shall be less than that of the annual average sale of the liquor for the same five years ; Provided that, the licenced shop holds valid licence during the said period ;”]

(ii) that there is no inconvenience of drinking of liquor to the people residing in that area ;

(iii) that the Grampanchayat in whose area licenced shop is proposed to be shifted, has given no objection by passing a resolution of the Gramsabha ; and if the shop is proposed to be shifted to any area other than Grampanchayat area, no objection of the Municipal Council concerned has been obtained ;

(iv) that the proposed premises are free from distance restriction as provided under sub-rules (2) and (3) above ;

Provided that, the licensed shops, other than those whose application for shifting has been recommended by the Commissioner on or before the date of commencement of these rules, shall be shifted to a premises where  no shop with a similar license is situated within the aerial distance of 500 meters from the proposed premises;

Provided that, the licenced shop, other than those whose application for shifting has been pending with the Collector, the Commissioner or, the State Government, as the case may be on or before the commencement of the Bombay Foreign Liquor (Amendment) Rules, 2018, shall be shifted to premises where no shops with a similar licence or a licence in Form CL-III as appended to the Maharashtra Country Liquor Rules, 1973, is situated within the aerial distance of 1,000 meters from the proposed premises.

Provided that, the licensed shops, shall be shifted to premises where no shops with a similar license is situated within the aerial distance of 1000 meters from the proposed premises.

Provided that, the licensed shops, shall be shifted to premises where no shops with a similar license is situated within the aerial distance of 200 meters from the proposed premises. “Provided that, the licensed shop shall be shifted to premises where no shops with a similar license is situated within the aerial distance of 100 meters from the proposed premises.”.

(iv-a) that the area of proposed premises shall not exceed seventy square meters. 

(v) that the construction of the premises in which shop is proposed to be shifted is an authorised construction and a certificate of the competent local authority is submitted ;.

Provided that, the proviso to clause (b) and sub clauses (i) and (ii) of clause (d) shall not apply in respect of shifting of licensed shop which has been closed down or required to be closed down as per the provisons of the Bombay Prohibition (Closure of Licence on Resolution by the Village Panchayat or Gramsabha or Women/Social Organisation or Representation by Voters in the Village or Ward of Municipal Council) Order, 2003.”

2 [Provided further that, the conditions as laid down in sub-clauses 3 [(i), (ii) and (iii)] of clause (d) of sub-rule (4) shall not apply in respect of the following situations ; however under such situation shifting shall be allowed within the area of 3, 6[same district] as the case may be,

(A) licensee whose premises are affected by the implementation of Development Scheme such as road widening, and the like ;

(B) in the case where the licensee is running his licenced shop at the place under the rental deed and the landlord or owner of the place do not agree to extend the rental deed; or

(C) in the case where the shifting is essential due to Hon’ble Court’s Order.”]

Any person, holding a licence in Form BRL under the Maharashtra Manufacture of Beer and Wine Rules, 1966, for manufacturing of wine desiring to sell wine by retail, in sealed bottles in the licensed premises Any person desiring to sell wine by retail, in sealed bottle or craft wine in Growlers in the licensed premises 8 [or any other place situated in the city having population above 10,00,000] for “off” consumption only shall apply in Form F. L. W./A-I, to the Collector 8 [of the district in which the said city is situated] for a licence in Form F. L.W.-II with a chalan evidencing payment of fee of rupees fifty in respect of application for licence ;

On receipt of the application under sub-rule (I), the Collector 8 [of the district in which the said city is situated] may make enquiries for verification of the details mentioned in the application and also such other enquiries as deemed necessary. If he is satisfied that there is no objection to grant the licence applied for, he may with the previous sanction of the State Government grant the applicant a licence in Form F. L. W-II, on payment of Rs. 5,000 per annum ;

7 [“Provided that, only one such licence in Form FLW-II may be granted to the applicant holding a licence in Form-BRL, for selling wine in a City having a population above 10,00,000 ;”]

“Provided further that, the applicant holding a licence in Form BRL, after obtaining the licence in FORM FLW-II shall sell the wine which is manufactured by him under his said licence in Form BRL.”]

The amount of annual fee fixed under sub-rule (2) shall not be changed for five years ;

The licence in Form F. L. W-II shall become inoperative if the licensee ceases to hold a valid BRL licence, or if such licence is at any time suspended or cancelled in accordance with the provisions of the Act ;

A licensee holding F. L. W. II licence shall sell wine only.

No such licence shall be granted, which, if situated in areas within the jurisdiction of any local self-government body having population not exceeding 20,000, is within a distance of two hundred and twenty metres and if situated elsewhere, within a distance of five hundred metres from the edge of any national or state highway, or in case of any existing service road then the distance from the edge of such service road adjacent to the national or state highway.

Explanation.— For the purposes of this sub-rule the distance referred to shall be measured from the mid-point of the entrance of the shop along with the nearest path by which a pedestrian ordinarily reaches to the edge of any National or State highway, or in case of any existing service road then to the edge of such service road adjacent to the National or State highway;”.

The licensee shall, if required by the Collector, transact, all business pertaining to receipt, transport, storage, purchase and sale of foreign liquor, under excise supervision :

1 [Provided that, the Collector may allow the licensee to transport by road without excise supervision, Indian-made foreign liquor on which excise duty and fee if any have been paid] 

Such business shall be transacted during such working hours and on such working days as have been prescribed under the Maharashtra Foreign Liquor (Sale on Cash, Register of Sale, etc.) Rules, 1969.] 

No foreign liquor other than that obtained under rule 30 shall be received, kept or sold at the licensed premises.

No adulterated, deteriorated or spurious foreign liquor of any kind shall be received, kept or sold at the licensed premises.

The licensee may sell,—

(a) any part of the stock of foreign liquor to foreign liquor licensees in the State of Maharashtra to any person outside the State or who is not a citizen of India subject to such conditions as the Commissioner may prescribe ;

(b) foreign liquor to holders of permits or persons who are not citizens of India or holders of authorisations and chemists, canteens, messes and clubs holding licences ;

(c) foreign liquor to persons holding permits under these rules ; and

8, 9[(d) mild beer, mild liquor to any person who is not below 10[twenty-one] years of age.] 

The licensee shall not sell foreign liquor to following categories of persons, namely :—

(a) a lunatic or insane persons ;

(b) person who is in a intoxicated state ;

(c) person known or suspected to be participating in any rioting or disturbance of peace ; and

(d) the Armed Forces of the Union, members of the Police Force, the Prohibition and Excise Department, State Transport and Railway Department or drive of a motor vehicle, when on duty or in uniform or both.] 

No person shall be recognized as partner of the holder of a vendor’s licence for the purposes of his 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, to alter the licence and 7 [to add the name or names of the partner or partners in the licence].

8 * * * *

Except with the previous sanction of the 10[Collector], no person recognised as partner under sub-rule (1) shall be allowed to withdraw from the partnership and to have his name as partner deleted form the licence.]

 (a) Subject to the provisions of clause (b) a holder of a vendor’s licence shall carry on his business under the licence either personally or by an agent or servant duly authorised by him in this behalf by a written nokarnama in Form F.L.XIV, signed by himself and countersigned by a Prohibition and Excise Officer not lower in rank than a Sub-Inspector :

Provided that, any such nokarnama signed by the licensee shall be valid until countersignature is refused. For every nokarnama issued by him and countersigned, the licensee shall pay a fee of Rupee 1.

(b) A vendor licensee shall not authorise any of following persons as his agents or servants , namely :—

(i) persons below twenty-one years of age ;

(ii) persons suffering from any infectious or contagious disease:

(iii) persons of unsound mind ;

(iv) persons who, in the opinion of the Collector, are of a bad character ;

(v) persons whose nokarnamas or licensees have previously been cancelled; or

(vi) persons convicted of any offence :

Provided that, in the case of persons falling under clauses (iv), (v) and (vi), the Collector may make such inquiries as he deems necessary for the removal of disqualification and if he is satisfied that there is no objection, he may, for reasons to be recorded in writing, remove the same at any time ;

Provided further that, if for any reason the Collector shall order the withdrawal of any nokarnama issued by the licensee, the nokarnama shall forthwith be withdrawn.]

(a) The holder of a vendor’s licence shall keep in the licensed premises an up-todate list showing the names of all authorised agents or servants.

(b) The licensee shall keep in the licensed premises, in a bound book of stout paper, paged and stamped with the seal of the Collector accounts in such form as may be prescribed by the Commissioner. The accounts shall be clearly and correctly written up-to-date daily. With these accounts shall be filed the transport passes under cover of which foreign liquor was received, sold or transported. These accounts shall be open to inspection by the Collector or any other officer empowered under section 122 of the Act.

(c) The licensee shall submit such returns as may be prescribed by the Commissioner.

(d) The licensee shall keep a complete set of testing instruments for testing foreign liquor.

The licensed premises of the holder of a vendor’s licence and all foreign liquor therein contained shall at all times be open to inspection by the Collector and the Prohibition Officers empowered under section 122 of the Act and 1 [by the Commissioners of Police, Bombay, Nagpur and Poona within their respective jurisdiction,] and elsewhere by the District Superintendent of Police.

The licensee shall, when called upon by any Prohibition and Excise 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; and shall answer all reasonable questions to the best of his knowledge and belief. He shall also, on demand, allow an inspecting officer to take without payment samples for analysis. 

The licensee shall keep a visit book paged and stamped with the seal of the Collector in which visiting officers may record any remarks when inspecting the licensed 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 or Sub-Inspector

Every holder of a vendor’s licence shall comply promptly with all orders or directions issued from time to time under the Act and the rules and regulations and orders made thereunder.

Such licensee shall give an undertaking to the Collector that he will abide by the provision of the Act and rules, regulations and orders made thereunder and that he agrees to and will abide by all the conditions of the licence.

The licensee or his successors of assignees shall have no claim whatsoever to the continuance 1* * * of the vendor’s licence after the expiry of the period for which such licence was granted.

When a vendor’s licence is suspended or cancelled during the currency of the licence period or is not renewed on its expiry, the licensee shall forthwith surrender the whole stock of unsold foreign liquor to the Collector. The stock so surrendered shall be sold by the Collector and the proceeds of the sale shall, after deducting the expenses and any sum due to the State Government, be returned to the licensee.

Any person desiring to sell beer or 3 [wine or both] in sealed bottle by retail sale for “off consumption” shall apply, in Form F.L./A-10 appended to these rules for a licence in Form F.L./BR-II to the Collector Superintendent of State Excise of the District in which he desires to locate the licensed premises for selling beer. Every such application shall be accompanied by a chalan or demand draft evidencing payment of a fee of Rs. 100.

On receipt of the application under sub-rule (1) in Form F.L./A-I duly completed in all respect, the Collector may make such enquiries as he deems necessary, and after considering the recommendations of the Committee constituted under rule 24 A shall consider the applications so received and satisfying himself that the premises proposed for location of the shop for selling beer in sealed bottle is in conformity with the provisions of the rules and instructions issued by the State Government or the Commissioner in his behalf from time to time and that there is no objection to grant the licence applied for. The Collector shall in conformity with the recommendation of the Committee and after making such enquiries so as to satisfy himself that the premises proposed for location of the shop for selling beer are in confirmity with the provisions, may grant licence in Form FL/BR-II on recovery of 25 per cent of the licence fee payable for grant or renewal of licence in Form FL-III in the area in which shop for licence in Form FL.BR-II is being located and on deposition of an amount equal to annual licence fee as earnest money.

On receipt of the application under sub-rule (1) in Form F.L./A-I duly completed in all respect, the Superintendent, State Excise may make such enquiries as he necessary, deems and after satisfying himself that the premises proposed or location.of the shop for selling beer or Growler in sealed bottle is in conformity with the provisions of the rules and instructions issued by the State Government or the Commissioner.in this behalf from that there is no time to time and objection to grant the licençe applied for, he may with the previous sanction of the relevant Deputy Commissioner, State Exci_e of the Division in whose jurisdiction District comes, the grant licence in Form FUBR-II on recovery of such licence fee (inclusive consideration), as of may be specified by the State Government or Commissioner, from timee to time and a deposit of an amount equal to annual licence fee as earnest money.

All provisions applicable for FL-II licence under sub-rule (2) and (3) of rule 25 and rules 26 to 42 shall apply mutatis mutandis to the licence in Form FL/BR-II”.] 

The licence once granted under this rule shall not be shifted from one site to another, within the same district, without prior approval of the Collector.

No license under this rule shall be granted or renewed in respect of any shop which shall bear a name of the national personalities or any subsequent change in the name of national personalities and shall not bear the name of any of the Forts declared by the Central Government as protected monuments under the Ancient Monuments Preservation Act, 1904 (7 of 1904) and by the State Government as protected monuments under the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960 (Mah. XII of 1961), as specified in the Schedule-II appended to these rules.

The State Government may establish depots for the sale of foreign liquor to persons holding permits for its possession, consumption or use and locate such depots in Government liquor warehouses or at any other suitable places and entrust the business of such depots to the officers-in charge of such warehouses or places or any other officers as it deems fit. 

No licence, permit, pass or authorisation shall be necessary for the possession, transport, sale or purchase of foreign liquor, on behalf of the depot, by the officer referred to in sub-rule (1). 

Subject to the provisions of sub-rule (2), the officer-in-charge of the depot shall abide by the rules in this Part and shall also comply with all orders and instructions issued by the Commissioner, Collector, Superintendent of Prohibition and Excise, Inspector of Prohibition and Excise or any other officer duly empowered in this behalf in connection with the management of the business relating to the depot.

Collector of the District.......... Chairman

Commissioner of Police or his representative who is not below the rank of Deputy Commissioner of Police............. Member

Superintendent of Police of the District except in Greater Bombay.......Member

Chief Executive Officer of the Zilla Parishad of the District and in case of Greater Bombay area the Municipal Commissioner or his representative not below the rank of Deputy Municipal Commissioner......... Member

Superintendent of Prohibition and Excise of the District.......Member-Secretary]

On receipt of an application, the Collector shall place the application alongwith enquiry report before the Committee for consideration of the same by the Committee.

(IA) The Committee shall consider the suitability or otherwise of the applicant for the grant of licence and record its recommendation in that behalf.

(IB) The Collector after duly considering the Committee’s recommendation and after satisfying himself that the premises where it is proposed to sell the foreign liquor are in conformity with the provision of the rules 4 [* * *] and that there is no other objection to grant the licence applied for, may inform the applicant of the decision and grant the licence in Form FL-III on payment of a deposit of rupees Five Thousand and the fees (inclusive of consideration), according to the following scale, namely :— Rs.

2 [(a) Hotel having upto 25 rooms . . . . . . . . 25,000

(b) Hotels having 26 to 100 rooms . . . . . . . . 50,000

(c) Hotels having 101 to 150 rooms . . . . . . . . 75,000

(d) Hotels having 151 to 200 rooms . . . . . . . . 1,00,000

(e) Hotels having 201 or more rooms . . . . . . . . 1,50,000

(f) Restaurants in Village/Town/City—

(1) town with population upto 3 lakhs . . . . . . 40,000

(2) city with population of 3 lakhs and above but below . . 50,000

5 [(3) population from 10,00,001 to 20 lakhs . . . . . . 1,60,000]

(4) city with population of 20 lakhs and above . . . . 1,00,000

Provided that, hotels having upto 25 rooms, which are situated in a city with population of 3 lakhs and above shall be required to pay the fees, as per the scale of fees for restaurants based on the population of cities where they are situated, as prescribed in clause (f).]

3 [(1C) No licence under sub-rule (1B) shall be granted in respect of any hotel or restaurant which is situated within a distance of seventy-five meters from any educational or religious institution or from any bus stand, station or deport of the Maharashtra State Road Transport Corporation or from the boundary of any National or State highway or Statue of National Personality: 

(1D) No licence under sub-rule (1B) shall be granted in respect of any hotel or restaurant which, if situated in areas within the jurisdiction of any local selfgovernment body having population not exceeding 20,000, is within a distance of two hundred and twenty metres and if situated elsewhere, within a distance of five hundred metres from the edge of any National or State highway, or in case of any existing service road then the distance from the edge of such service road adjacent to the national or state highway.

Explanation.— For the purposes of this sub-rule the distance referred to shall be measured from the mid-point of the entrance of the hotel or restaurant along with the nearest path by which a pedestrian ordinarily reaches to the edge of any National or State highway, or in case of any existing service road then to the edge of such service road adjacent to the National or State highway.

Provided that nothing contained in this sub-rule shall apply in respect of an existing hotel or restaurant for which a valid licence in Form FL-III is held by the Manager or Proprietor thereof immediately before coming into force of the Bombay Foreign Liquor (Amendment) Rules, 1990 and the Maharashtra Foreign Liquor (Amendment) Rules, 2014.

1, 2Explanation.—For the purposes of this sub-rule.—

(i) “educational institution” means any pre-primary, primary, or secondary school managed or recognised by any local authority or the State Government or the Central Government and any college affiliated to any University established by law, but does not include any private coaching institution ;

(ii) “religious institution” means an institution for the promotion of any religion and includes a temple, math, mosque, church, synagogue, agiary or other place of public religious worship which is managed or owned by a public trust registered under the Bombay Public Trusts Act, 1950 [Bom. xx/x of 1950] and included such other religious institutions as the State Government may by order specify in this behalf ;

(iii) The distance referred to in clause (a) of this sub-rule shall be measured from the mid-point of the entrance of the hotel or restaurant alongwith the nearest path by which the pedestrian ordinarily reaches,—

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

(b) the mid-point of the nearest gate of the bus stand, station or depot of the depot of the Maharashtra State Road Transport Corporation if there is a compound wall and if there is no compound wall, the nearest point of the boundary of such bus stand, station or depot, or

(c) the boundary of the National or State highway”. or

(d)   the mid-point of the nearest gate of the statue, if there is a compound wall, and if there is no compound wall, the nearest point of foundation of such a statue.

(iv) Statue of National Personality means any statue of the National Personality recognized  by  Government  specified in  the  Schedule appended  to these rules. 

(1E) No license under sub-rule (1B) shall be granted or renewed in respect of any hotel or restaurant which shall bear a name of the national personalities or any subsequent change in the name of national personalities and shall not bear the name of any of the Forts declared by the Central Government as protected monuments under the Ancient Monuments Preservation Act, 1904 (7 of 1904) and by the State Government as protected monuments under the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960 (Mah. XII of 1961), as specified in the Schedule-II appended to these rules.

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

Any person desiring to renew a licence shall, thirty days before the date of expiry of the licence, apply for the renewal thereof. Every such application shall be accompanied by a challan evidencing payment of an application fee of Rs. 25.

Any licence granted under sub-rule (1) may be renewed by the Collector for a period not exceeding one year at a time on payment of the same fee as prescribed under sub-rule (1).”]

4 [provided that licence granted to restaurants shall be renewal on recovery of fee on following scale; namely :—Restaurants in a Rs.

(1) Village/tow/city with population upto 3 lakhs . . . . 30,000

(2) city with population of 3 lakhs & above but below 10 lakhs . . 35,000

(3) city with population of 10 lakhs and above but below 20 lakhs . . 60,000

(4) city with population of 20 lakhs and above. . . . . 5 [65,000]

6 [Provided that the licence fee and renewal fee for hotel shall not be less than the fee prescribed for restaurant on the basis of population.] 

No person shall be recognised as partner of a hotel licensee unless the partnership has been declared to the Collector before such licence is granted and the names of the partners have been entered jointly in the licence, or if the partnership is entered into the granting of the licence, unless the Collector agrees on application made to him to alter the licence and [to add the name or names of the partner or partners in the licence].

1. * * * * * * * 

Except with the previous sanction of the 3 [Collector] no person recognised as partner under sub-rule (1) shall be allowed to withdraw from the partnership and to have his name as partner deleted from the licence].

On receipt of an application under rule 47, the Collector shall make enquiries for verification of the particulars given in the application and place the application alongwith enquiry report before the Committee, for consideration of the same, by the Committee.

Grant of licence and its duration-On receipt of the application under rule 47, the Superintendent, State Excise shall make inquiries for verification of the details stated in the application and also such other inquiries as he deems necessary, for the disposal of the application. He shall consider the suitability or otherwise of the premises for the grant of licence and after satisfying himself that the premises where it is proposed to sell the Foreign Liquor are in conformity with the provisions of the rules and that there is no objection to grant the licence in accordance with the rules, he may inform the applicant of the decision, and grant the licence in Form FL-IV on recovery of such licence fee (inclusive of consideration), as may be specified by the State Government or Commisioner, from time to time; andà deposit of Rupees One Thousand.

The Committee shall then consider the suitability or otherwise of the applicant for the grant of licence and record its recommendation in this behalf.

The Collector after duly considering the Committee’s recommendation and after satisfying himself that the premises in the club where it is proposed to sell the foreign liquor are in conformity with the provisions of the rules and instructions issued in this behalf by the State Government or the Commissioner, from time to time, and that there is no other objection to grant the licence applied for, may inform the applicant of the decision and grant the licence in Form FL-IV on payment of deposit of rupees one thousand and the fee according to the following scale, namely :—

(a) In all Municipal Corporation areas . . . . . . . . . . . . . . . Rs. 15,000.00

(b) In all other places . . . . . . . . . . . Rs. 6,000.00]

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

Any person desiring to renew a licence shall, thirty days before the date of expiry of the licence, apply for the renewal thereof. Every such application shall be accompanied by a challan evidencing payment of a fee of Rs. 25.

Any licence granted under sub-rule (1) of rule 48, may be renewed by the Collector Superintendent of State Excise for a period not exceeding one year at a time on payment of the same fee as prescribed under sub-rule (1).”] 

No licence under sub-rule (1B) shall be granted in respect of any club which, if situated in areas within the jurisdiction of any local self-government body having population not exceeding 20,000, is within a distance of two hundred and twenty metres and if situated elsewhere, within a distance of five hundred metres from the edge of any National or State highway, or in case of any existing service road then the distance from the edge of such service road adjacent to the national or state highway.

Explanation.— For the purposes of this sub-rule the distance referred to shall be measured from the mid-point of the entrance of the club along with the nearest path by which a pedestrian ordinarily reaches to the edge of any National or State highway, or in case of any existing service road then to the edge of such service road adjacent to the National or State highway.

No license under sub-rule (I) shall be granted or renewed in respect of any club which shall bear a name of the national personalities or any subsequent change in the name of national personalities and shall not bear the name of any of the Forts declared by the Central Government as protected monuments under the Ancient Monuments Preservation Act, 1904 (7 of 1904) and by the State Government as protected monuments under the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960 (Mah. XII of 1961), as specified in the Schedule-II appended to these rules.”

On receipt of an application under rule 48A, the Collector shall make enquiries for verification of the particulars given in the application and place the application alongwith inquiry report before the Committee constituted under rule 47A for consideration of the same by the Committee.

On receipt of an application under rule 48A, the Superin tendent of State Excise of the district where such premises are located shall make enquiries for verification of the particulars given in the application and allow registration of such suitable premises for the use of temporary licenses for sale of foreign liquor for special functions or events. The area of the premises where it is intended to sale foreign liquor, in case of open grounds and places, shall fulfill the criteria mentioned as under

(i) shall be enclosed and earmarked distinetly from the rest of the premises; and

(ii)shall not exceed 10% of the total area and in no case shall exceed 500 square meters; The Superintendent, State Excise shall inform in writing of the decision that the premises is registered.

The Committee shall then consider the suitability or otherwise of the applicant for the grant of licence and record its recommendation in that behalf.

No premises shall be registered under this rule which, if situated in areas within the jurisdiction of a Gram Panchayat having population not exceeding 20,000, and within a distance of two hundred and twenty meters and if situated in Gram Punchayat having population exceeding 20,000, and within a distance of five hundred meters from the edge of any National or State Highway, or in case of any existing service road then the distance from the edge of such service road adjacent to the National or State Highway.

Explanation- For the purposes of this rule the distance referred to shall be measured from the mid-point of the entrance of the premises along the fiearest path by which a pedestrian ordi narily reaches to the edge of any National or State Highway.

The Collector after duly considering the Committee’s recommendation and after satisfying himself that the premises in the club where it is proposed to sell the foreign liquor are in conformity with the provisions of the rules and instructions issued in this behalf, by the State Government or the Commissioner, for time to time, and that there is no other objection to grant the licence applied for, may inform the applicant of the decision to grant such temporary licence in Form F. L. IV on payment of a fee of rupees five hundred per function, or for such temporary period as may be specified therein.”] 

Application for temporary club licence for sale of wine only.—The Secretary of any club or any such institution or any person duly authorised by the club or institution shall, if it is intended to sell wine temporarily at any special function, apply to the Collector for temporary club licence in that behalf. Every such application shall be accompanied by a chalan evidencing payment of fee of rupees fifty for such application and contain the following particulars namely :—

(i) Name of the Institution,

(ii) Exact location of the Institution, with census number of the house or building, name of the street the name of city, town or village, as the case may be,

(iii) Object of special function on which wine will be sold,

(iv) Date or dates of special function,

(v) Whether the profits derived from such special function will be utilised for the benefit of any charitable institutions, and if so, in what manner, and

(vi) Hours of opening and closing of such special function.

On receipt of an application under sub-rule (1), the Collector shall make enquiries for verification of the particulars given in the application, and after satisfying himself that the premises in the club or institution where it is proposed to sell the liquor are in conformity with the provisions of the rules and instructions issued in this behalf, by the State Government or the Commissioner from time to time and that there is no other objection to grant the licence applied for, may inform the applicant of the decision to grant such temporary licence in “Form F.L.W. IV” for Wines only on payment of fee of rupees Six hundred per function or for such temporary period as may be specified therein.

All provisions applicable to “FL-IV” licence under rule 49 to 53, 55 to 61 shall apply mutatis mutandis to the licence in “Form F.L.W. IV. ”]

Subject to the provisions of sub rule (2), the hotel or club licensee shall carry on the business of selling foreign liquor at a hotel or club either personally or by an agent or servant duly authorised by him in this behalf by a nokarnama in Form F. L. XIV, signed by himself and countersigned by a Prohibition and Excise Officer not lower in rank than a Sub-Inspector :

Provided that, any such nokarnama signed by the licensee shall be valid until countersignature is refused. For every nokarnama issued by him and countersigned, the licensee shall pay a fee of Rupee 1.

A hotel or club licensee shall not authorise any of the following persons as his agents or servants, namely :

(i) Persons below twenty-one years od age ;

(ii) Persons suffering from any infectious or contagious disease ;

(iii) Persons of unsound mind ;

(iv) Persons who, in the opinion of the Collector, are of a bad character ;

(v) Persons whose nokarnamas or licences have previously been cancelled ; or

(vi) Persons convicted of any offence ;

Provided that, in the case of persons falling under clauses (iv), (v) and (vi), the Collector may make such inquiries as he deems necessary for the removal of disqualification and if he is satisfied that there is no objection he may, for reasons to be recorded in writing remove the same at any time :

Provided further, that, if for any reasons the Collector shall order the withdrawal of any nokarnama issued by the licensee, the nokarnama shall forthwith be withdrawn.]

A hotel or club licensee shall not keep or sell, in the licensed permises of the hotel or club, foreign liquor of any kind which he is not authorised to buy under the licence, nor shall he keep, or sell foreign liquor in any place except in the licensed premises of such hotel or club.

No adulterated, deteriorated or spurious foreign liquor of any kind shall be received, sold or kept by the licensee in the hotel or club.

Mild beer, mild liquor may be sold in pegs or bottles to any person who is not below 8 [21 years] and foreign liquor may be sold in pegs or bottles to a foreigner or a permit holder at a hotel or restaurant for consumption in the area assigned for that purpose and approved by the licensing authority and to a resident in such hotel for consumption in his room :

Provided that, mild beer, mild liquor may be served to foreigners or the persons who is not below 21 years in the dining room of such hotel or restaurant.”]

6 [Provided further that beer 9 [or wine or both] may be sold in sealed bottles to any person above the age of 8, 9[21 years or permit holder for] “off consumption” after getting the FL-III licence duly endorsed to that effect from the Collector on payment of 25 per cent. of the licence fee payable for grant or renewal of the licence in FL-III.”]

Mild beer, mild liquor may be sold in pegs or bottles at a club to any member thereof or his guest who is not below 2 [21 years] of age and foreign liquor may be sold in pegs or bottles to a permit holder at a club for consumption in the area assigned for that purpose and approved by the licensing authority or to a member of the club residing therein for consumption in his room.”]

Provided further that, beer in Growlers may be sold to any person above the age of 21 years or permit holder for ‘off-consumption’

There shall be maintained at the licensed premises such accounts as may be prescribed by the Commissioner under the Act. Such accounts shall be kept in a bound book of stout paper, paged and stamped with the seal of the Collector

The licensed premises of the hotel or club and foreign liquor kept or stored therein and all accounts, registers and books maintained in respect of such foreign liquor by a hotel or club licensee, as the case may be shall at all times be open to inspection by any officer empowered under section 122 of the Act. Any irregularity noticed by scuch officer shall be explained to him by the licensee.

A hotel or club licensee shall close the licensed premises on such days and during such hours as may be prescribed by the 3 [State Government] under the Act.

The licensee may also of his own accord close the licensed premises during any riot or disturbance in the neighbourhood thereof.

The licensee shall not be entitled to claim any compensation on account of the closure of the licensed premises under this rule.

(a) A hotel or club licensee shall not sell foreign liquor to any person except to a permit-holder residing or boarding at the hotel 4 [or in the case of a club, to its member holding a permit and to any of his guests who holds a permit.] 5 [Except where a person holds a permit under Chapter VI-A, no sale] of foreign liquor shall be made to a permit-holder unless the permit-holder has got a corresponding balance of units remaining unpurchased under his permit during the month of such sale to him :

1, 6[“ Provided that, mild beer, mild liquor may be sold to any person who is not below 2 [21 years] of age, residing at the hotel and in the case of a club, to resident member for consumption in his room only.”]

(b) Such licensee shall enter the details of sale of foreign liquor to any permit-holder in the permit of such permit-holder.

A hotel or club licensee shall not sell or serve foreign liquor except during the hours prescribed in this behalf by the 2 [State Government].

A hotel or club licensee shall maintain a register of permit-holders holding permits under these rules and state therein their permit numbers and the number of units sanctioned to them. The licensee shall enter in the register details of foreign liquor sold to them from day to day.

A hotel or club licensee shall not sell or supply or attempt to supply any foreign liquor to or for the use of –

(a) 1 [any person] who is insane, or

(b) 1 [any person]known or believed to be intoxicated. 

Any temporary resident desiring to possess, use and consume foreign liquor shall apply to the Collector in Form F.L./A-1. The form may be obtained from the office of the Collector on payment of a fee of Re. 1.

 (i) On recipt of the application, the Collector shall satisfy himslef.—

(a) that such person is not a minor ;

(b) that he is temporay resident; and

(c) that he fulfils the other conditions of section 40.

(ii) The Collector shall also make such other enquiries as he deems nessssary.

If the Collector, on making the necessary inquiries 1 [for the disposal of the application], is satisfied that there is no objection, he may, in consultation with the Superintendent or Inspector of Prohibition and Excise of the district and in conformity with the orders of the State Government and the Commissioner, grant the applicant on payment of a fee of 2 [Rs. 30] a permit in Form F.L. V for the possession, use and consumption of foreign liquor 3 [and shall also issue a certificate separated, and easily detachable from the main permit by means of perforations, as evidence of the grant of the permit.] 

No permit shall be granted for a period exceeding twenty-four months from the date of its commencement.]

The permit shall be granted for such monthly quantity no exceeding 1 (6) units as the Collector may fix in each case.

The permit-holder shall not possess at any one time any quantity of foreign liquor exceeding that which has been fixed in his case by the Collector under sub-rule (5).

The privileges of purchase and possession of foreign liquor granted under the permit shall extend only so far as they are incidental to its use or consumption in accordance with these rules and the conditions of the permit.

(i) Foreign liquor permitted for consumption under the permit shall not except with the previous permission of the Commissioner, be obtained from any place other than a Government deport r a licensed hotel or club or a shop holding a vendor’s licence.

(ii) The permit-holder shall get all purchases of foreign liquor entered in his permit by the officer-in charge of the government depot or the hotel licensee or the club licensee or the holder of a vendor’s licence, as the case may be.

Whenever the permit-holder leaves the State for more than one month during the currency of the permit period, he shall before leaving the State, deposit with the Collector his permit and the stock of foreign liquor held by him thereunder, and obtain a reccipt therefor. The stock so deposited shall be kept by the Collector in safe custody and marked with such distingushining marks as he may deem fit. If the permit-holder returns to the State before the expiry of the period of the permit, the permit and the stock so deposited shall be returned to him on production of the receipt.

A permit-holder shall abide by the conditions of the permit and the provisions of the Act and the rules, regulations and orders made thereunder and shall give an undertaking to that effect.

A permit may be suspended or cancelled in accordsnce with provisions of section 54 4 [or 56] of the Act.

Where the permit is suspended or cancelled during the currency of the permit period or is not renewed after its expiry, the permit-holder shall surrender forthwith the whole of the unconsumed stock of foreign liquor to the Collector. The stock so surrendered shall be sold by the Collector and the proceeds of the sale shall after deducting the expenses and any sum due to the State Government be returned to the permit-holder

Any person desiring to possess brandy, rum or champagne for his own use or consumption or any head of the house desiring to possess such liquor for the use of his household for medicinal use on emergent occasions shall apply to the Collector in Form F.L./A-3. He may obtain such form from the office of the Collector on payment of a fee of Rs. 1.

On receipt of the application, the Collector shall make such inquiries as he deems necessary 3 [for the disposal of the application] and if he is satisfied that there is no objection, he may, in conformity with orders of the State Government and the Commissioner issues in that behalf, grant the applicant 4 [on payment of a fee of 5 [Rs. 2] a permit in Form F.L. VII for the possession of brandy, rum or champagne, as the case may be, for medicinal use on emergent occasions 6 [ans shall also issue a certificate seprated, and easily detachable from the main permit by means of perforations, as evidence of grant of the permit :]

Provided that the applicant is not a minor :

Provided further that no permit shall be granted to more than one member of a household at any one time.

No permit under sub-rule (2) shall be granted 7 [* * *] and for a quantity 8 [exceeding [375 millilitres] of brandy or rum per three months or 9 [750 millilitres] of champagne per three months.] 

10* * * * * * *

No brandy, rum or champagne shall be purchased or obtained by a permit-holder under this rule if he has already in his possession a quantity of liquor permited under sum-rule (3)

The privileges of purchase, transport and possession of brandy, rum or champagne granted under the permit shall extend only so far as they are incidental to its use or consumption in accordance with these rules and the conditions of the permit.

The liquor purchased under the permit shall be used solely for the use of the permit-holder and his house-hold:

Provided that the permit-holder may allow the use or consumption of liquor in respect of which the permit has been granted to any other person who requires the use thereof for medicinal purpose 11[on any emergent occasion, subject to the condition that the quantity of liquor that he may so allow to be used or consumed by such other person does not exceed the quantity that is reasonably necessary on such emergent occasion.]

12* * * * * * *

The permit-holder shall not obtain brandy, rum or champagne except from a Government depot, or from a holder of a vendor’s licence. He shall get all purchases of such liquor entered in his permit by the Officer-in-charge of the Government depot or the holder of a vendor’s licence, as the case may be

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

The permit may be suspended or cancelled in accordance with the provisions of section 54 1 [or 56] of the Act.

In case the permit is suspended or cancelled during its currency or is not renewed on its expiry, the permit-holder shall surrender forthwith the whole of the unused stock of liquor to the Collector. The stock so surrendered shall be sold by the Collector and the proceeds of the sale shall, after deducting the expenses and any sum due to the State Government, be returned to the permit-holder.

2* * * * * *

3* * * * * *

Any person who is—

(a) a Sovereign of Head of a foreign State;

(b) an Ambassador of diplomatic Envoy of a foreign State;

(c) a Consul, Honorary Consul or Trade, Commerce or other representative of a foreign State;

(d) a member of the staff appointed by or serving any under person specified in clause (a), (b) or (c) : Provided that such member is a national of a foreign State:

4 [(d1) a member of a foreign Government;

(d2) a representative or officer of any international organisation to which privileges and immunities are given from time to time by or under the United Nations (Privileges and Immunities) Act, 1947;]

(e) the consort of any person specified in clauses (a), (b), (c), 5 [(d), (d1) and (d2);]

(f) any relation of any person specified in clauses (a), (b), (c), 5 [(d), (d1) and (d2)] depended upon him, desiring the possess, use and consume foreign liquor, shall apply to the Collector in form F.L./A-4 which shall be supplied to him, free of cost.

6* * * * * 

eceipt of the application, the Collector shall, after making such inquiries as he may deem necessary 1 [for the disposal of the application], grant him a permit in Form F.L. VIII for the possession, use and consumption of foreign liquor 7 [and shall also issue a certificate separated, and casily detachable from the main permit by means of perforations, as evidence of the grant of the permit.]

The permit may be granted for a period not extending beyond the 31st March next following the date of the commencement of the permit. 

(i) The permit may be granted for any quantity of foreign liquor (without any limit) if the permit-holder is a Sovereign or Head of a foreign State or his consort.

(ii) If the permit-holder is any other person falling under any of the categories (b), (c), (d), (e) and (f) mentioned in sub-rule (1) 1 [the permit shall be granted for such quantity of foreign liquor as the State Government or the Commissioner may direct in that behalf.]

The privileges of purchase and possession of foreign liquor granted under the permit shall extend only so far as they are incidental to its use or consumption in accordance with these rules and the conditions of the permit.

Foreign liquor permitted for consumption under the permit shall not be obtained by the permit-holder except from his own stock in Customs Bond or from the stock in Customs Bond of a trade and import licensee :

Provided that the Commissioner may permit the permit-holder to obtain foreign liquor from any other source or place.

The permit-holder shall, on relinquishing charge of his office or on his ceasing to be a person falling under any of the categories mentioned in sub-rule (1), surrender his permit together with the stock of foreign liquor held by him thereunder to the Collector. The stock of foreign liquor so surrendered may, with the permission of the Commissioner, be handed over to the permit-holder’s successor-in-office or shall be disposed of in such manner as the Commissioner may direct :

Provided that nothing in this sub-rule shall apply to any person falling under— (i) clause (a) or his consort, or (ii) Clause (b).] 

The permit-holder shall enter in his permit the quantity of foreign liquor obtained by him from time to time if it is obtained from his own stock in Customs Bond, and if it is obtained from any other place the quantity of the foreign liquor so obtained shall be entered in the permit by the foreign liquor licensee concerned.

In the event of any permit-holder going out of the State for more than 30 days, the stock of foreign liquor held by him under the permit shall be disposed of in such manner as the Commissioner may direct

Any person who— (a) is a citizen of a foreign country or a citizen of India and resides in any part of India, where consumption of alcoholic liquor is not generally prohibited by law; Or

(b) is a citizen of a foreign country or is a citizen of India, and resides in any part of India, where consumption of liquor is prohibited by law, but has been consuming such liquor under a permit or other authorization, visits the 4 [State of Maharashtra] for a period of not more than a week and desires to purchase, possess, use and consume foreign liquor, shall apply to the Collector.]

The application shall be in Form F.L./A-5 which may be obtained by him from the Office of the Collector on payment of a fee of Re. 1.

On receipt of the application the Collector shall satisfy himself that the applicant is a visitor to the State of Maharashtra 7 [and is not a minor] and if he sees no objection, he may in conformity with the orders of the Commissioner, grant him a permit in Form F.L. IX for the 5 [purchase,] possession, use and consumption of foreign liquor on payment of a fee of Rs. 5, 6 [and shall also issue a certificate separated, and easily detachable, from the main permit by means of perforations, as evidence of the grant of the permit.]

The permit shall be granted ordinarily for a period not exceeding one week at any one time :

Provided that the Collector may extend the period of such permit from time to time for further periods not exceeding one week at a time so, however, that the total periods does not exceed in the aggregate one month.] 

No permit shall be granted for a quantity exceeding one unit per week

The permit-holder shall not possess at any one time any quantity of foreign liquor in excess of the quantity specified in his permit

The privileges of purchase, transport and possession of foreign liquor granted under the permit shall extend only so far as they are incidental to its use or consumption in accordance with these rules and the conditions of the permit.

The foreign liquor permitted for consumption under the permit shall not, except with the previous permission of the Collector, be obtained from a place other than a Government depot or a licensed hotel or club or from a shop holding a vendor’s licence

The permit-holder shall get the details entered in his permit of all foreign liquor obtained by him from time to time by the Officer-in-charge of the Government depot or by the hotel or club licensee or the holder or a vendor’s licence, as the case may be.

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

The permit shall be liable to suspension or cancellation in accordance with the provisions of section 54 1 [and 56] of the Act.

Where a permit is suspended or cancelled during its currency, the permit-holder shall surrender forthwith the whole of the unused stock of foreign liquor to the Collector. The stock so surrendered shall be sold by the Collector and the proceeds of the sale shall, after deducting the expenses and any sum due to the State Government, be returned to the permit-holder.

Note—The powers of the Collector under sub-rules (3) and (4), may be exercised by any officer authorised under section 46(1) to grant visitor’s permits and the sub-rules(1) and (2) may in such cases be adapted accordingly. 

Any person who is eligible for a permit under rules 63, 64 or 68 and desires to possess, use or consume foreign liquor may apply to the Collector or any other officer authorised in this behalf in Form F.L./A-6 for an interim permit while applying for a regular permit under any of the said rules.

On receipt of the application, the Collector or the authorised officer shall satisfy himself—

(a) that such applicant is not a minor; and

(b) that the applicant is prima facie eligible, for a permit under sub-section (1) of section 40 or section 40-A or 41 of the Act, as the case may be.

If the Collector of the officer authorised under sub-rule (1) is satisfied that there is no objection to grant an interim permit pending the disposal of his application for a regular permit under rules 63, 64 or 68, as the case may be, he may grant the applicant a permit in Form F.L. X for the possession, use and consumption of foreign liquor on payment of a fee of Rs. 5 2 [and shall also issue a certificate separated, and easily detachable, from the main permit by means of perforations, as evidence of the grant of the permit.]

No such permit shall be granted for a period exceeding 2 months.

The permit shall be granted for such monthly quantity of foreign liquor as the Collector may fix :

Provided that such quantity shall not, in any case, exceed 2 units of foreign liquor per month if the permit-holder is not eligible for a permit under rule 63 or 68 or 4 units of foreign liquor per month in other cases, except with the sanction of the Commissioner.

The permit-holder, shall not possess at any one time any quantity of foreign liquor exceeding that which has been fixed in his case by the Collector or the authorised Officer under sub-rule (5).

The privileges of purchase and possession of foreign liquor granted under the permit shall extend only so far as they are incidental to its use or consumption in accordance with these rules and the conditions of the permit.

(i) Foreign liquor permitted for consumption under the permit shall not, except with the previous permission of the Commissioner, be obtained from any place other than a Government depot or a licensed hotel or club or a shop holding a vendor’s licence.

(ii) The permit-holder shall get all purchases of foreign liquor entered in his permit by the Officer-in-charge of the Government depot or the hotel licensee, the club licensee, or the holder or a vendor’s licence, as the case may be.

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

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

Where a permit is suspended or cancelled during the currency of the permit period, the permit-holder shall surrender forthwith the whole of the unconsumed stock of foreign liquor to the Collector. The stock so surrendered shall be sold by the Collector and the proceeds of the sale shall, after deducting the expenses and any sum due to the State Government, be returned to the permit-holder. 

A tourist visiting the State of Maharashtra may, if he desires to possess, consume use or buy foreign liquor, apply to the Collector or any other officer authorised in this behalf, in Form F.L./A-6A, which shall be supplied to him free of cost.]

2* * * * * * *

On receipt of the application, the Collector or the authorised officer shall satisfy himself that the applicant is a tourist, and if he is satisfied that there is no objection, he may, in conformity with the orders of the Commissioner, grant him, free of charge, a permit in Form F.L. X-A for the possession, consumption, use the purchase of foreign liquor :

Provided that no such permit shall be granted to a minor.

The permit shall be granted for the period of the applicant’s intended stay in the 3 [State of Maharashtra] but not exceeding one month in any case. 

The permit shall be granted for a quantity not exceeding 4 [six units per month].

 The permit-holder shall not possess at any one time any quantity of foreign liquor in excess of the quantity specified in his permit.

The privileges of purchase transport and possession of foreign liquor granted under the permit shall extend only so far as they are incidental to its use or consumption in accordance with these rules and the conditions of the permit.

The foreign liquor permitted for consumption under the permit shall not except with the previous permission of the Commissioner, be obtained from any place other than Government depot, a licensed hotel or a club or a shop in respect of which a vendor’s licence has been issued under the Act.

The permit-holder shall get the details entered in his permit of all foreign liquor obtained by him from time to time by the Office-in-charge of the Government depot or by the hotel or club licensee or the holder of a vendor’s licence, as the case may be, or by the officer issuing the permit in any other case.

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

The permit shall be liable to suspension or cancellation in accordance with the provisions of section 54 of the Act.

Where a permit is suspended or cancelled during its currency, the permit-holder shall surrender forthwith the whole of the unused stock of foreign liquor to the Collector. The stock so surrendered be sold by the Collector and the proceeds of the sale shall, after deducting the expenses and any sum due to the State Government, be returned to the permit-holder.

Notwithstanding anything contained in the Act or in Part VI of these rules, it shall be lawful for the Collector or the Officer authorised by the State Government in this behalf, to grant a permit to any person 6, 8, 9, 10[ not below the age of 25 years] residing in any part of the State of Maharashtra except Wardha District and above the age of 30 years residing in Wardha District] for the purchase, possession, transport, use and consumption of foreing liquor and country liquor.

Subject to the provisions of sub-rule (1) any person 8, 9, 10[not below the age of 25 years] or, as the case, may be, 30 years, who desires or purchase foreign liquor and country liquor for possession, transport use and consumption shall apply to the Collector or the officer authorised by the State Government, in this behalf, in Form F.L. A. 6-B along with proof of his age together with the fee specified in sub-rule (3) of this rule :

Provided that, the persons above the age of 30 years residing Wadha District shall produce along with the application in Form F.L./A.6-B, a medical certificate in Form F.L. M.C. 1.

If the Collector or the officer authorised by the State Government in this behalf on making necessary enquiries is satisfied that the applicant from any area of State of Maharashtra other than Wardha District is 3, 4, 5[not below the age of 25 years] or in the case of applicant residing in Wardha District above the age 30 years and that such applicant in Wardha District requires foreign liquor and country liquor for the preservation and maintenance of his health, he may grant the applicant on payment of 1, 4[a fee of. Rs. 100 for one year or Rs. 1,000 for a permanent permit], a permit in Form F.L. X-C for the purchase, possession, transport, use and consumption of foreign liquor and country liquor.

The permit shall be granted in respect of persons residing in Wardha District, for a period of one year from the date of the grant thereof and 4 [for a period of one year or a permanent permit] in respect of persons residing elsewhere, provided 4 [a fee of Rs. 100 for one year permit or the fee of Rs. 1,000 for a permanent permit is paid].

Where the permit-holder residing in any part of the State of Maharashtra, except Wardha District desires to have his permit renewed beyond the date of expiry of his permit, he shall within one month after such date of expiry, produce such permit before the Collector or the officer authorised by the State Government in that behalf after signing the declaration contained therein, and thereupon the Collector or such officer shall on payment of a fee at the 4 [rate of Rs. 100 for one year permit or, as the case may be Rs. 1,000 for a permanent permit, grant him a fresh permit in exchange for the permit] produced before him by the permit-holder :

Provided that, a permit-holder in Wardha District shall be required, in addition, to produce a medical certificate in Form F.L./M.C.-1 and his permit shall be renewed for a period of one year from the date of issue; and).

The permit-holder other than a permit-holder in Wardha District shall not possess at any one time any quantity of Foreign liquor or Country Liquor or of both in excess of 6, 7, 8[two units per week twelve units per month and such permit holder may buy or receive upto two units of country liquor per month and shall not be in possession or stock in excess of two units of country liquor at any time] and the permit-holder in Wardha District shall not possess at any one time any quantity of such liquor in excess of four units.]

Subject to the provisions of sub-rule (6) the permit-holder may, offer any part of foreign liquor and / or country liquor possessed by him under his permit to any foreigner or other permit-holder for his use and consumption.

The permit-holder shall not consume foreign liquor or country liquor at any public place which is not licensed to sale such liquor for consumption.

Except with the previous permission of the Collector in writing, a permit-holder shall not purchase foreign liquor or country liquor, under his permit from a place other than a Government Depot or a licensed hotel or restaurant or canteen or a shop holding a vendor’s licensee and a licensed and a licensed shop for retail sale of country liquor.

Every permit-holder shall abide by the provisions of the Act and the rules, regulations and orders, made thereunder.

A permit may be suspended or cancelled in accordance with the provisions of section 54 or 56 of the Act. Where a permit is suspended or cancelled during its currency or is not renewed after its expiry, the permit-holder shall forthwith surrender the whole of the unconsumed stock of foreign liquor and/or country liquor to the Collector. The stock so surrendered shall be sold by the Collector, and the proceeds of the sale shall, after deducting the expenses and any sum due to the State Government be returned to the permit-holder. 

Notwithstanding anything contained in the Act in Part VI of these rules, it shall be lawful for any person not below 4, 5[twenty-one years] of age residing in any area other than Wardha District in the State of Maharashtra, to purchase, possess and transport, 4 [mild beer or mild liquor] for his personal use and consumption without a permit.

Any person above the age of twenty-five years residing in Wardha District who desire to purchase, possess and transport mild liquor for his personal use and consumption shall apply to the Collector or the officer authorised by the State Government in this behalf in Form F.L./A6-C along with a medical certificate in Form F.L./M.C.2 4 [a fee of Rs. 100 for one year permit and Rs. 1,000 for permanent permit] and proof of his age.

If the Collector or the officer authorised by the State Government in this behalf, on making necessary enquiries is satisfied that the applicant is above the 4 [age of 5 [twenty five years], he may grant the applicant a permit in Form F.L. X-D for the purchase, possession, transport use and consumption of mild liquor. 

The permit shall be granted for a period of twelve months from the date of grant thereof.

Where the permit-holder desires to purchase possession transport, use and consume mild liquor after the date of expiry of his permit, he shall produce such permit before the Collector or the officer authorised by the State Government in this behalf after signing the declaration contained therein within one month after the date of its expiry, and thereupon the Collector or such officer shall on payment of 4 [a fee of 3 [Rs. 100] grant him a fresh permit in exchange for the permit produced before him by the permit holder. Every fresh permit shall be granted for a period commencing on the date on which it is issued and ending on the date of expiry of twelve months from the date of expiry of the permit in exchange for which the fresh permit is granted. No medical certificate shall, however, be required for grant of such permit for subsequent period.

The permit holder shall not possess at any one time any quantity of mild liquor in excess of twelve units.

The provisions of sub-rules (7), (8), (9) (10) and (11) of rule 70-D shall mutatis mutandis apply to permits granted under this rule.]

Notwithstanding anything contained in sub-rules (3), (4) or (5) 70D of these rules, it shall be lawful for the Collector or the officer authorised by the State Government or the person incharge of licence in Form F.L. II, F.L. III and F.L. IV issued under these rules and Form C.L. III issued under the Maharashtra Country Liquor Rules, 1973, duly authorised in this behalf by the Inspector of State Excise, to grant one day permit in Form F.L.F. or C.L.C. as the case may be, to any person not below the age of 5 [twenty-five years] desiring to purchase foreign liquor or country liquor, as the case may be, for his consumption on payment of a fee of Rs. 5 for foreign liquor and on payment of a fee of Rs. 2 for country liquor :

provided that, no such one day permit shall be granted to any person in Wardha District.

The one day permit granted under this rule shall be valid till the sunrise of the day following the day of issue of the permit .

The one day permit shall be granted for a quantity not exceeding one unit.]

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

On a foreign steamer, 5 [Indian Merchant Navy or through steamer touching a port in the State of Maharashtra,] the stock of foreign liquor in the bar or in the stores thereon or in the possession of the crew shall be sealed by the Customs Authorities as soon as the steamer is anchored in the harbour or is berthed in the docks, as the case may be :

Provided that the stock of foreign liquor with the crew 6 * * shall not be sealed if the steamer is to remain in the harbour or docks for not more than 24 hours.

No sale or consumption from the stock of foreign liquor referred to in sub-rule (1) shall be made while such steamer is in the port and visitors and disembarking passengers are on board the steamer.

After the disembarking passengers and visitors have left the steamer, the sealed stock of foreign liquor on being released by the Customs Authorities, and the unsealed stock of foreign liquor in possession of through passengers and the 5 [crew] shall, subject to the rules, regulations and orders made under the 5 [Customs Act, 1962] be permitted for consumption by through passengers and the 5 [crew.]

No person other than through passengers 7 [or the 5 [crew]] shall possess, use or consume foreign liquor on board such steamer.

No licence or permit shall be required for sale, purchase, possession, use or consumption of foreign liquor on board such steamer, if it is in accordance with the above conditions.

If the steamer terminates its voyage at Bombay, the stock of foreign liquor in the bar on the steamer shall be sealed by the customs authorities and shall not be released until the steamer leaves the port of Bombay on outward voyage.

1 [Save as otherwise provided in this rule, sale and] consumption of foreign liquor on such steamer shall not be permitted after the steamer enters the port of Bombay not before it leaves that port. The Captain of the steamer as well as the proprietor of the bar shall be responsible for the observance of this rule.

Explanation.—In this rule, steamer inclues any ship or other vessel, but does not include a man-of-war or other public vessel sailing under a foreign flag. 

On receipt of an application under rule 82, the Collector may make enquiries for verification of the details stated in the application and also such other enquiries as he deems necessary. If he is satisfied that there is no objection to grant the licence, he may grant the applicant a licence in Form F. L. XII on payment of a fee of 2 [Rs. 10 per annum], if the applicant is a registered medical practitioner and of 2 [Rs. 25 per annum], if the applicant is a chemist, druggist, apothecary or dealer in medicinal preparations :

3 [Provided that for the purpose of charging the fee, the fraction of a year shall be reckoned as one complete year.]

The Collector may fix the quantities of brandy or rum or both (i) which the licensee may possess at any one time and (ii) which he may purchase during a month :

Provided that, except with the previous sanction of the Commissioner, the quantity which may be possessed at any one time shall not 1 [exceed 750 millilitres] each of brandy and rum and the quantity which may be purchased during a month shall not 1 [exceed 1500 millilitres] each of brandy and rum.

No person holding a licence in Form F. L. XII shall obtain brandy or rum except from a Government depot or from a holder of a vendor’s licence.

The licensee shall preserve cash memos and passes relating to the purchases of brandy or rum received by him during the period of the licence.

The licensee shall not dispense brandy or rum to any person except on a prescription issued in the name of such person and except as one of the ingredients of the medicine given under the prescription :

Provided that a registered mdeical practitioner shall not prescribe or dispense brandy or rum for his own use or consumption on a prescription issued by him in his own name.

The licensee shall not dispense brandy or rum to any person other than the person in whose name the prescription is issued and in any quantity exceeding that specified therein :

Provided that the licensee may deliver the medicine so dispensed by him to a person other than the person specified in the prescription if such other person is authorised by the medical practitioner or the person in whose name the prescription is issued to take delivery of the medicine and endorse such other persons’s name on the cash memo 3 [referred to in sub-rule 96].

The licensee shall not dispense brandy or rum on a prescription unless the prescription is in writing and is dated and signed by a registered medical practitioner with his full name, registration number, qualifications and address and the name and address of the person to whom it is issued and the total quantity of the brandy or rum to be dispensed as one of the ingredients of medicine is specified in such prescription.

(i) No brandy or rum shall be dispensed by a licensee, not being a registered medical practitioner, unless the prescription is marked with the words “not to be repeated” :

Provided that brandy or rum may be dispensed more than once on the same prescription, in pursuance of fresh directions duly dated, signed and endorsed on the prescription each time by the registered medical practitioner.

(ii) The licensee shall not, except with the previous sanction of the Collector, dispense brandy or rum on the same prescription for a period of more than thirty consecutive days.

The licensee shall mark on every prescription dispensed by him his name and the locality of the premises wherein he carries on his business and the date on which it was dispensed.

The licensee not being a registered medical practitioner, shall, on each occasion on which he dispenses brandy or rum, keep a copy of the original prescription on his record, give a cash memo in form A and return the original prescription to the person in whose name such prescription was issued or to the person who has been authorised to take delivery of the medicine containing brandy or rum and where the licensee is a registered medical practitioner, he shall on each occasion on dispensing brandy or rum keep the original prescription on his record.

The licensee shall file and preserve all prescriptions or copies thereof, as the case may be, 1 [for a period of one year from the dates of issue of the prescriptions] upon which brandy or rum has been dispensed by him and shall produce such prescriptions or copies thereof along with the licence and the stock of brandy or rum which may be in his possession for inspection on demand by the Collector or any officer empowered under section 122 of the Act.

The licensee, not being a registered medical practitioner, shall maintain a register in such form as may be prescribed by the Commissioner wherein he shall from time to time record the full names and addresses of the registered medical practitioners whose practitioners whose prescriptions prescribing brandy or rum where dispensed by him and of the persons in whose names such prescriptions were issued. 

The licensee who is a registered medical practitioner shall maintain a register in such form as may be prescribed by the 2 [State Government] wherein he shall, from time to time, record the full names and addresses of the persons in whose names the prescriptions prescribing brandy or rum were issued and also register the units or quantity of brandy or rum dispensed by him.

The licensee shall also maintain a register in such form as may be prescribed by the 2 [State Government] wherein he shall write from day to day true and proper accounts of the quantity of brandy or rum dispensed by him and the balance held by him in stock.

The licensee shall, before the 7th day of each calendar month, furnish to the Collector or such other officer as he may appoint in this behalf a copy of entries made by him in such registers during the preceding calendar month.

(a) The licensee shall provide a visit book paged and stamped with the Collector’s seal or the 2 [Mamlatdar, Tahsildar of Mahalkari] within whose jurisdiction the licensed premises are situated.

(b) The visiting officers may record in such visit book any remarks when inspecting the licensed premises.

The licensee shall, on the termination of the period of his licence, deliver up the quantity of brandy or rum remaining unsold with him, the visit book the accounts, registers and licence to the Collector. The quantity of brandy or rum so delivered shall be sold by the Collector and the proceeds of the sale shall, after deducting the expenses and any sum due to the State Government, be returned to the licensee.

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 name or 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 to alter the licence and add the names of the partners the licence.

Explanation.—For the purpose of sub-rules (1) and (3) of this rule, the licensee shall not include a registered medical practitioner, holding a licence under rule 83. 

The licensee shall comply with all orders and directions issued from time to time by the Commissioner, Collector, Superintendent 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. 

5 [Champagne, Port-type wine and] Port-wine may be sold at any Government depot on the production of a prescription :

Provided that where there is no Government depot, 4 [Champagne, Port-type wine, Port-wine, Wincarnis, Vibrona, Manola and Buck-fast Tonic wine] may likewise be sold by any holder of a vendor’s licence on obtaining a licence in that behalf under rule 93.

No licence shall be necessary for the sale on prescription of 6 [Champagne, Port-type wine, Port-wine, Wincarnis, Vibrona, Manola and Buck-fast Tonic wine] by the officer-in-charge of the Government depot. The officer-in-charge shall abide by the rule in rule in this part and shall also comply with all orders and instructions issued by the Commissioner, Collector, Superintendent or Inspector of Prohibition and Excise or any other officer duly empowered in this behalf.

Subject to provision of rule 92, any holder of a vendor’s licence in Form F.L. II desiring to sell 1 [Champagne, Port-type wine, Port-wine, Wincarnis, Vibrona, Manola and Buck-fast Tonic wine] on prescription may apply to the Collector for a licence in that behalf. The application shall contain the following particulars, namely :—

(1) Name and address of the applicant;

(2) Number of the Vendor’s licence held by the applicant;

(3) Location of the premises in respect of which the applicant holds the vendor’s licence.

On receipt of the application, the Collector may make enquires for verification of the details stated in the application and also such other enquires as he deems necessary. If he is satisfied that there is no objection to grant the licence, he may grant the applicant a licence in Form F.L. XII on payment of a feel of 5[Rs. 25] 

The licensee shall not sell 1 [Champagne, Port-type wine, Port-wine, Wincarnis, Vibrona, Manola or Buck-fast Tonic wine] except on the production of a prescription and in a quantity exceeding the total quantity specified in the prescription :

Provided that he may sell —

(a) 3 [375 milliliters] of [Champagne, Port-type wine, Port-wine, Wincarnis, Vibrona, Manola pr Buck-fast Tonic wine,] as the case may be, where the total quantity so specified is less than 3 [375 milliliters]; and

(b) 3 [750 milliliters] thereof where such total quantity is more than 3 [375 milliliters].

The provision of rules 84, 85, 86, 87, 88, 90, and 91 shall, as far as may be, apply in respect in respect of a licence granted in Form F.L. XIII.

Any person may, without a licence, permit or pass, may possess, transport and consume or use.—

(a) any medicine containing such quantity of brandy or rum as has been dispensed to him under a prescription, or.

(b) any 1 [Champagne, Port-type wine, Port-wine, Wincarnis, Vibrona, Manola or Buck-fast Tonic wine] sold to him on prescription, in accordance with the provisions of this part. 

The purchase possession and transport of medicine, containing brandy or rum or of 1 [Champagne, Port-type wine, Port-wine, Wincarnis, Vibrona, Manola or Buck-fast Tonic wine] by a person on behalf of an infirm or invalid person or any other person who is not physically fit shall be permitted without a licence, permit or pass provided that.—

(a) the infirm or invalid or physically unfit person is a person in whose name a prescription prescribing medicine containing such brandy or rum, or prescribing 1 [Champagne, Port-type wine, Port-wine, Wincarnis, Vibrona, Manola or Buck-fast Tonic wine] has been issued; and

(b) the name and address of the person purchasing, possessing or transporting 4 [are endorsed by the licensee on the original prescription as well as on the cash memo in Form A referred to in sub-rule (6)j of rule 87].

For the purpose of rules 92,92 and 94 a prescription in the case of 2 [Champagne, Port-type wine, Port-wine, Wincarnis, Vibrona, Manola and Buck-fast Tonic wine] shall mean a prescription.—

(a) Which is issued in Form C by a registered medical practitioner, who is a family physician of the person to whom it whom it has been issued for a period of not less than one year immediately before the date of such prescription and

(b) Which satisfies the requirements of sub-rule (2)

The quantity of 2 [Port-type wine, Port-wine, Wincarnis, Vibrona, Manola or Buckfast Tonic wine or Champagne,] as the case may; be, shall be so recommended in the prescription that it does not exceed.—

(i) 3 [750 milliliters] in a week in the case of 2 [Port-type wine, Port-wine, Wincarnis, Vibrona, Manola or Buck-fast Tonic wine,] and

(ii) 3 [375 milliliters] per day in the case of Champagne, and that the total the total period for which such quantity is recommended shall not exceed.—

(a) thirty days in the case of 3 [Port-type wine, Port-wine, Wincarnis, Vibrona, Manola and Buck-fast Tonic wine,] and

(b) fifteen days in the case of champagne from the date of the issue of the prescription.]

On receipt of an application under rule 48C, the Superintendent, State Excise shall grant the license in Form F.L. IV-A within one working day.

All provisions of rules 49 to 52, 56 and 58 of the rules for hotel and club licenses shall apply mutatis mutandis to the license granted under rule 48D.

Any person holding licence in Form F.L.II granted under sub-rule (1) of rule 25, desires to upgrade his licence, by way of extension of area adjacent and in continuation to the approved premises of licence or by shifting of licence to such suitable area, to the category of Elite Outlet to avail the additional facilities allowed, may apply in Form F.L./A.E.O. to the Collector of the concerned district.

Every such application shall be accompanied by a chalan evidencing payment of application fee of rupees ten thousand in respect of such application.

For upgradation of the licence granted under sub- rule (1) of rule 25 to the category of Elite Outlet,–

(a) Carpet area of the proposed premises shall be more than 70 Sq. Meter but less than 601 Sq. Meter.

(b) The construction of the proposed premise shall be authorised. There shall be only one entrance to the proposed premises of the licence.

(c) As per opinion of the Collector or excise officer authorised on behalf of him, in writing there shall be adequate space to have display shelves inside the shop having enough space between two shelves which allows customer to walk through freely and shop his required liquor.

(d) The premises shall be sufficiently fireproof and approved by the concerned authority.

The Collector shall in conformity with the recommendation of the concerned Superintendent, State Excise and after satisfying himself that the premises proposed for location of the outlet or premises for selling foreign liquor by “off consumption” with additional facilities, are in conformity with the provisions of rules and instruction issued by the State Government or the Commissioner in this behalf from time to time, and that there is no objection to grant the upgradation of the said licence applied for, may inform the applicant of the decision and grant the upgradation in Form F.L.II/E.O. on payment of annual license fee (inclusive of consideration) three times of the fees payable for a primary licence in Form F.L. II, of that area. This form of upgradation shall be subsidiary to the Primary license in Form F.L. II.

On upgradation of licence in Form F.L. II to Elite Outlet in Form F.L.II/ E.O. the licensee may be allowed to avail the following additional facilities,-

(a) Licensee may avail facility of walk-in to the consumers, through the licenced premises, with a facility allowing purchase of liquor by way of self-service.

(b) (i) Licensee may avail facility of tasting and appraising room inside the premises wherein such licensee can allow customer to taste foreign liquor including wine, beer, etc., in standing, with single entrance whose doors shall open only inside the premises of the licence as approved by the concerned authority.

(ii) Licensee has to maintain separate account of liquor used for tasting, in the format as prescribed by the Commissioner from time to time and certified by the concerned Superintendent, State Excise.

All provisions applicable for primary licence in Form F.L. II under sub-rules (2) and (4) of rule 25 with additional facilities mentioned herein applicable to the upgraded licence to Form F.L.II/E.O. and also provisions’ applicable for primary licence in Form FLII under rules 26 to 34 and rules 37 to 42 shall apply mutatis mutandis to the upgraded licence to Form F.L.II/E.O.

For the licence in Form F.L. II which have been granted upgradation of its license to the category of Elite Outlet in Form F.L.II/E.O. there would be no distance restriction between two F.L.II/E.O. shops as well as between FL-II and FL-II/E.O shop.

Any person holding licence in Form FL-II granted under sub-rule (1) of rule 25, desires to upgrade his licence, by way of extension of area adjacent and in continuation to the approved premises of licence or by shifting of licence to such suitable area, to the category of Super Premium Outlet to avail the additional facilities allowed therein shall apply in Form F.L./A.S.P.O. to the Collector of the concerned District.

Every such application shall be accompanied by a chalan evidencing payment of application fee of rupees ten thousand in respect of application for upgradation of licence in Form FL-II as provided in sub-rule (1) of rule 25AB.

Requirement for upgradation of the licence granted under sub-rule (1) of rule 25 to the category of Super Premium Outlet –

(a) Carpet area of the proposed premises shall not be less than 601 Sq. Meter

(b) The construction of the proposed premise shall be authorised. There shall be only one entrance to the proposed premises of the licence.

(c) For the licence in Form F.L. II to which upgradation to Super Premium outlet in form F.L.II / S.P.O. have been sanctioned as per sub-rule (3) of rule 25AB, it shall be necessary to keep available for sale at least stock of 100 brands of imported foreign liquor (BIO) of which at least 70 brands shall be of spirits.

(d) As per opinion of the Collector or excise officer authorised on behalf of him, in writing there shall be adequate space to have display shelves inside the shop having enough space between two shelves which allows customer to walk through freely and shop his required liquor.

(e) The premises shall be sufficiently fireproof and approved by the concerned authority.

(f) For the license in Form F.L. II which have been granted upgradation of its license to the category of Super Premium outlet in form F.L.II / S.P.O. there would be no distance restriction between FL-II and FL-II/S.P.O shop as well as between FL-II/E.O and FL-II/S.P.O.. However, the nearest distance between two such upgraded licences in Form F.L.II / S.P.O should not be less than 1000 meter.

The Collector shall in conformity with the recommendation of the concerned Superintendent, State Excise and after satisfying himself that the premises proposed for location of the outlet or premises for selling foreign liquor by “off consumption” with additional facilities, are in conformity with the provisions of rules and instruction issued by the State Government or the Commissioner in this behalf from time to time, and that there is no objection to grant the upgradation of the said licence applied for, may inform the applicant of the decision and grant the upgradation in Form F.L.II /S.P.O. on payment of annual license fee (inclusive of consideration) four times of the fees payable for a primary licence in Form FL-II of that area, granted under sub-rule (1) of rule 25. This form of upgradation shall be subsidiary to the Primary license in form F.L. II.

On upgradation of licence in Form F.L. II to Elite Outlet in Form F.L.II/ S.P.O. the licensee may be allowed to avail the following additional facilities,–

(a) Licensee may avail facility of walk-in to the consumers, through the licenced premises, with a facility allowing purchase of liquor by way of self-service.

(b) (i) Licensee may avail facility of tasting and appraising room inside the premises wherein such licensee can allow customer to taste foreign liquor including wine, beer, etc., in standing, with single entrance whose doors shall open only inside the premises of the licence as approved by the concerned authority.

(ii) Licensee has to maintain separate account of liquor used for tasting, in the format as prescribed by the Commissioner from time to time and certified by the concerned Superintendent, State Excise.

(c) Licensee may sell, as per prevalent rule, cigar, cigarette, cold drink in sealed bottle inside the premises.

(d) The person holding licence in form F.L. II with upgradation in form F.L.II/ S.P.O., if desire can have licence in form FL-I granted under rule 5 of the Bombay Foreign Liquor Rules, 1953 as well as licence in form FL-III granted under rule 45 of the Bombay Foreign Liquor Rules, 1953 in the premises adjacent to its approved licence premises. The premises of said upgraded FLII and adjacent F.L.I and F.L.III licence shall be demarcated from each other.

All provisions applicable for primary licence in form F.L. II under sub-rules (2) and (4) of rule 25 with requirement and additional facilities mentioned herein applicable to the upgraded licence to Form F.L. II/ S.P.O. and also provisions applicable for primary licence in Form F.L. II under rules 26 to 34 and rules 38 to 42 shall apply mutatis mutandis to the upgraded licence to form F.L. II/ S.P.O.

The person holding licence in Form F.L.II which have been granted upgradation as provided under rule 25AA and rule 25AB, as the case may be, if desires to renew the primary licence with upgradation as provided in rule 25AA and rule 25AB shall, thirty days before the date of expiry of primary licence, shall apply in Form F.L./ A.E.O. or in Form F.L./ A.S.P.O.as the case may be, for renewal thereof. Every such application shall be accompanied by chalan evidencing payment of Rs 10,000/- as application fee.

The person holding licence granted upgradation under rule 25AA and 25 AB as the case may be, if applied for renewal of said F.L.II licence along with its upgradation as provided in sub-rule (i), it may be renewed by the Collector for a period not exceeding one year at a time on payment of license fee prescribed from time to time for said upgradation in form F.L. II /E.O. or Form F.L.II /S.P.O as the case may be

The person who does not desire to renew upgradation sanctioned to the licence in form F.L.II as provided in rule 25AA and rule 25AB, shall be bound to reduce the area of premises of said licence up to seventy square meter and also get approved new map of such reduced premises and to shed off the facilities allowed by upgradation he has to make his premises suitable for non-upgraded or normal licence in Form F.L. II, before the validity of such form of upgradation ends.