THE SPECIAL PERMITS AND LICENCES RULES, 1952

The person in charge of a hotel, restaurant or canteen,  ⁷ *    *     * or the Secretary of any club, duly authorised for the purpose desiring to sell mild liquor ¹³ [or wines or both] by retail to any person for consumption on the premises of such hotel, restaurant, canteen or club, shall apply to the Collector for a licence in Form ‘D’ of the Schedule ⁸[accompanied by a chalan evidencing payment of a fee of ¹⁰[ one hundred rupees]

Applications received under sub-rule (1), shall be considered by a Committee consisting of the following members, namely ;

(1) Collector of the District  Chairman.

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

(3) Superintendent of Police of the District except in Greater Bombay. Member

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

(5) Superintendent of Prohibition and Excise of the District.             Member Secretary.

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

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

The Collector shall in conformity with the Committee’s recommendation and after satisfying himself that the premises proposed are in confirmity with the provi- sions 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 E in the Schedule on payment of a deposit of Rs. 5,000 where the application is in respect of a hotel, restaurant or canteen and Rs. 1,000, where the application is in respect of a club and a fee (inclusive of consideration) as per the scale given in the Table below, namely ;

¹[TABLE

Rs.

(a)   Town with population up to one lakh                                                15,000

(b)   City with population of one lakh and above but below 10 lakhs       30,000

(c)   City with population of 10 lakhs and above but below 20 lakhs.      40,000

(d)   City with population of 20 lakhs and above                                      50,000

No licence shall be granted

(a) in respect of permises of any hotel, restaurant or centeen.

³(i) which is situated within a distance of seventy five meters from any educational or religious institution or from any bus stand, station, depot of the Maharashtra State Road Transport Corporation or from the boundary of any National or State Higway or any Statue of National Personality  :

Provided that nothing contained in this sub-rule shall apply in case of an existing hotel, restaurant or a canteen for which licensee holds a valid licence in form ‘E’ the immediately before the coming in to force of the special permits and licenses (Amend-ment) rules 1990 and the Special Permits and Licences (Amendment) Rules, 2015.]

Provided further that, if at any time after the commencement of the Special Permits and Licences (Amendment) Rules, 2017 it is observed that, if any shop is 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 stand cancelled forthwith.

(ia) 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.

(ii)   which has no ⁴[proper] accomodation which, in the opinion of the collector, is adequate and suitable for consumption of mild liquor ⁵ (or wines or both) so as to ensure that such consumption of mild liquor is not visible to outsider or passers by ; or

(iii)    which in the opinion of the Collector or the Officer authorised by him in this behalf in writing are not suitable for the grant of a licence, for the reason to be recorded by him in writing, and having regard to the standard of cleanliness, nature of clientele or the service and amenities provided therein and such other factors ;

(iv) which shall bear a name of the national personalities or any subsequent change in the name of the 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.

(b) to any person who in the opinion of the Collector is not having regard to his antecedents, suitable to hold the licence.

Explanation– For the purpose of his sub-rule–

(i)  “ religious institution” means an institution for the promotion of any religion such as 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 institution as the State Government may by order specify ;

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

(iii)  the distance referred to in sub-clause (i) of clause (a) of this sub-rule shall be measured from the mid-point of the entrance of the hotel, restaurant or canteen 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 institu- tion, 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.]

⁸[(c) the boundary of National or State Highway,]

(c) the edge of any National or State Highway, or in case of any existing service road then from the edge of such service road adjacent to the National or State Highway or

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) 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 the Government specified in the  Schedule-I appended to these rules.

Any premise of a hotel, restaurant or canteen in respect of which a licence in Form ‘E’ has been granted shall not be deemed to be situated within the prohibited distance referred to in sub-clause (i) of clause (a) of sub-rule (3), if at any time after such licence is granted, any institution or bus stand, station or depot of the Maharashtra State Road Transport Corporation referred to in that sub-clause comes into existence within a distance of fifty meters from such premises.]

The licence shall be granted for period up to 31st March next following the date of the commencement of the licence.

Procedure for grant of licence for subsequent periods.–– Where any lic- ensee desires to continue to sell mild liquor after the date of expiry of his licence and makes an application in Form ‘D’ ⁷[accompanied by a challan evidencing payment of a fee of twenty five rupees] at least thirty days before such date, the provisions of sub- rules (2), (3) and (4) shall mutatis mutandis apply to the grant of the licence wih this modification that unless the State Government directs otherwise, it shall not be neces- sary for the Collector to obtain the previous sanction of the State Government.]

Mild liquor ⁹ [or wines or both] required for a licensed hotel, restaurant, canteen or club shall not be bought or obtained except from a person holding a Trade and Import Licence (i.e. licence for the wholesale sale of foreign liquor) or holding a vendor’s licence, or holding a microbrewery or restaurant-brewery licence under this Act.

A hotel, restaurant, canteen or club licensee shall not keep or sell in the licensed premises foreign liquor of any kind which he is not authorised to buy or keep or sell. The licensee also shall not receive, keep or sell any adulterated, deteriorated or spurious liquor of any kind.

The licensee shall sell mild liquor ¹⁰ [or wines or both] for the purpose of consumption on the premises or for consumption ‘off’ the premises only to the persons who are not below the age of 21 years. ”

[Save with the permission of the Commissioner, mild liquor ¹¹ [or wines or both] shall not be kept or sold or served for consumption at the licensed premises except in corked bottles sealed or capsuled or Growlers as defined under the Bombay Foreign Liquor Rules,1953.

The holder of a licence in Form ‘E’ may keep his stock of mild liquor ¹² [or wines or both] held by him for sale under such licence in a godown approved by the Collector.]

Explanation I.–– In this rule “mild liquor” means any foreign liquor having alcoholic strength not exceeding five per cent alcohol by volume (i.e. equivalent to 8.75 percent of proof spirit.)]

¹³[Explanation II.––In this rule, “wine” means the “wine” as defined in clause (xxvii) of rule 2 of the Maharashtra Manufacture of Beer and Wine Rules, 1966;]

(A) Every licensed permises, in respect of which a licence in Form ‘E’ in the Scheduled hereto has been granted for the sale of mild liquor ¹⁴ [or wines or both] shall subject to the provisions of clauses (B) and (C) of this sub-rule, be kept open every day during the hours from 9-00 a. m. to 12 midnight for the sale of mild liquor ¹⁵[or wines or both.]

(B)   No licensed premises in respect of which any such licence has been granted shall be kept open for the sale of mild liquor on ⁵[or wines or both.—]

²[“(a) the day on which the licensed premises is required to be kept closed under the Bombay Shops and Establishments Act, 1948 (Bom. LXXIX of 1948) and if the licensed premises is situated in the area wherein the said Act is not in operation, the holder of licence shall give one day paid weekly off to the employees ;

(b)    the following days during the year, namely :–

(i)    26th January (Republic Day),

(ii)    30th January (Martyr’s Day),

(iii)    1st May (Maharashtra Day),

(iv)    Ashadi Ekadashi,

(v)   15th August (Independence Day),

(vi)    Anant Chaturdashi,

(vii)   Two days in Prohibition Week that is to say, the 2nd October and the 8th October. First day of Prohibition Week i.e 2nd October.

(viii)   Kartiki Ekadashi.”]

^1,4,7[“c (1) fourty eight hours, ending with the hours fixed for the conclusion of the poll in relation to any general election or by-election to the House of people or the Mahrashtra Legislative Assembly is taken in the constituency in which such premises are located and on the counting day or days.”

(2)   the day or days on which poll in relation to any general election or by-election to any local authority in the State is taken in the constituency in which such premises are located and a day immediately before the day of poll and on the counting day.”]

(d) such special occasions and in such area as the Collector may, after giving a notice of not less than seven days in the Official Gazette, and in any local newspaper having wide circulation in such area, specify in this behalf.

(C)   Notwithstanding anything contained in sub-clause (a) of clause (b) of this sub- rule, the Collector may, in consultation with the concerned authorities of a neighbouring State declare by a notification published in Official Gazette, and in any local newspaper having wide circulation in such area being adjacent to a neighbouring State, as may be specified in the notification, two days of closure excluding Wednesday and Thursday or either of them, and on such declaration the licensed premises in such adjacent areas and in respect of which any such licence has been granted shall remain closed every week on the two days so declared.

(D)   For the purposes of ³[paragraph (vi) in sub-clause (b) of clause (B) of this sub-rule the Collector shall, as far as possible, before the commencement of each licensing year, declare by a notification published in the Official Gazette, and in any local newspaper having wide circulation in the area, the day or days of important fairs or, as the case may be, of the pay day during which, and the area in which, the licensed premises shall remain closed :

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

(E) Notwithstanding anything contiained in clauses (B) and (C) of this sub-rule, the licensed premises in respect of which a licence in Form ‘E’ in the Schedule hereto has been granted may be kept open during the closure days for serving mild liquors ^5[ or wines or both ] solely to persons holding foreign passports during the prescribed hours.

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

The person ¹[ * * * ] desiring to sell wine by retail to any person holding permit for in Form FLX-C issued under rule 70D of the Bombay Foreign Liquor Rules, 1953, for consimption on the premises ²[ * * * ] shall apply in Form “E-1” of the Schedule to the Collector for a licence in Form “E-2” of the Schedule appended to these rules, accompanied by a chalan evidencing payment of an application fee of one hundred rupees.

On receipt of an application, the Collector shall place the application alongwith enquiry report before the Committee prescribed under sub-rule (2) of rule 5, for the consideration of the same by the Committee.

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

No licence under rule 5 A shall be granted in respect of the premises,–

(a)    which is less than sixteen square metres in area and which, in the opinion of the collector or the officer authorised by him in this behalf, in writing, is not adequate for storage and consumption of wine and where such consumption is visible to outsiders and passer-by ; or

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

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

(c1) which is 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.

(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 of 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 E-2 immediately before the coming into force of the Special Permits and Licence (Amendment) Rules, 2007.

Provided further that, if at any time after the commencement of Rules, 2017 it is observed that, if any shop is 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 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 Trust 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) or (c1) of this sub-rule shall be measured from the mid-point of the entrance of the shop along the nearest path by which pedestrain 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 institu- tion, or

(b)    the mid-point of the nearest gate of the bus stand, station or 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.”

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

Any premises in respect of which a licence in Form E-2 has been granted shall not be deemed to be situated within the prohibited distance referred to in clause (b) or (c) of sub-rule (4) if at any time after such licence is granted,––

(a)    any institution referred to in clause (b) of sub-rule (4) comes into existence within a distance of fifty metres or as the case may be, one hundred metres, from that premises, or

(b)    if any bus stand, station or depot referred to in clause (c) of the said sub-rule (4) comes into existence within a distance of one hundred metres from that premises.”

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

The Collector after duly considering the Commitee’s recommendations and after satisfying himself, that the premises where it is proposed to sell wine are in conformiy with the provisions of Sub-rules ¹[(4), (4-A), (4-B)] of the rule 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 grant the licence in Form “E-2” in the Schedule, on recovery of a deposit of Rs. 1,000 and on recovery of licence fee as per the scale given in the Table below, namely :––

TABLE                                                                    RS.

(a)   Town having population upto one lakh                      10,000 per annum

(b)  Town having population one lakh and                       25,000 per annum above but below 10 lakhs

(c)   Town having population of 10 lakhs and                    30,000 per annum above but below 20 lakhs

(d)  Town having population of 20 lakhs and                    37,500 per annum above.

The above rates of licencee fee shall not be revised till the end of the year 2006-2007.

Wine required for a ¹[licence holder] shall not be bought or obtained except from a person holding a Trade and Import licence issued under the Bombay Foreign Liquor Rules, 1953 or BRL (Winery) licence issued under the Maharashtra Manufacture of Beer and Wine Rules, 1966.

 A ²[* * *] licensee shall not keep or sell in the licensed premises Foreign Liquor of any other kind which he is not authorised to buy or keep or sell. The licensee shall also not receive, keep or sell any adulterated, deteriorated or spurious liquor of any kind.

The licensee shall sell wine by measure for consumption or in sealed bottles or in Growlers as defined under the Bombay Foreign Liquor Rules, 1953  only to the persons holding permit in Form FLX-C issued under rule 70D of the Bombay Foreign Liquor Rules, 1953.

The provisions of sub-rule (10 ) of rule 5 of these rules relating to working hours and closure of licensed premises shall mutatis mutandis apply to the licensee holding licence in Form ‘E-2’.

The licence shall be granted for a period upto 31st March next following the date of the commencement of the licence.

Prohibition to grant or renew license.— 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.

Where any licence desires to continue to sell wine after the date of expiry of his licence shall make an application in Form “E-1” accompanied by chalan evidencing a payment of fee of twenty five rupees at least thirty days before such date.

Any licence granted under sub-rule (5) of rule 5A may be renewed by the Collec- tor for a period not exceeding one year at a time on recovery of fee prescribed under the said sub-rule (5).

Any person desiring to manufacture liquor chocolates and to sell them to permit-holders (being holders of permits for the possession, use and consumption of foreign liquor), shall apply to the State Government through the Commissioner of Prohi- bition and Excise for a licence in Form ‘F’ of the Schedule, Every such application shall be accompanied by a chalan evideneing payment of a fee of ⁴[fifty rupees.]

On receipt of an application and after making such enquires for verification of the details stated in the application as also such other enquires as he deems necessary including enquires regarding the suitability of the applicant for the grant of a licence, regard being had to his standing in the trade or otherwise, the commissioner shall forward the application to the State Government with his remarks. If the State Government is satisfied that there is no objection to grant the licence applied for, it may grant the applicant a licence in Form ‘G’ in the Schedule on payment of a fee of ³[Rs. 1,000] and a deposit of Rs. 5,000 in advance.

The licence shall be granted for a period upto 31st March next following the date of the commencement of the licence.

Foreign liquor required by the licensee for manufacturing liquor chocolates shall not be bought or obtained except from a person holding a foreign liquor vendor’s licence in Form F. L. II under the Bombay Foreign Liquor Rules, 1953 (being a licence for the retail sale of foreign liquor). Such liquor shall be purchased in quarts of 750 ml. only.

The licensee shall not keep in the licensed premises foreign liquor of any kind which he is not authorised to buy or keep. He shall also not receive or keep any adulterated, deteriorated or spurious liquor of any kind.

The licensee shall put a lable on the liquor chocolate, showing the following details :—

1.  Name of the manufacture.

2.  Batch No.

3.  Liquor contents.

The licensee shall sell liquor chocolates only to permit-holders holding premits for the possession, use and consumption of foreign liquor granted under the Bombay Foreign Liquor Rules, 1953, or to those who are exempted from such permits.

All sales of liquor chocolates shall be made on cash only. The licensee shall prepare a separate bill or cash memo in respect of the liquor chocolates sold on the licensed premises.

A licensee or his authorised agent or servant shall make out a cash memo in duplicate which shall be signed by the licensee or his authorised agent or servant, as the case may be, provided that the licensee may make out the cash memos in triplicate or quadruplicate as required by him with the previous permission of the licensing authority. In no case, the cash memos shall be made out in more than quadruplicate.

 The original copy of the cash memo shall be handed over to the permit-holder or purchaser, as the case may be, and the duplicate copy shall be retained by the licensee on his record. The triplicate and quadruplicate copies if any of cash memos shall be retained by the licensee for any purpose other than excise matter for a period of one year.

The cash memo shall clearly show,—

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

(b) the name of the permit holder, his permit number and address ;

(c) the details regarding the number of liquor chocolates sold; and their batch Nos.;

(d) the amount charged in respect of sale of liquor chocolates.

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

The licensee shall, if so required, obtain the necessary licence for the manufac- ture of liquor chocolates from the appropriate authority of the Food and Drugs Adminis- tration, Maharashtra State, Bombay.

The licensee shall maintain registers in Forms ‘H’, ‘I’, ‘J’, and ‘K’ duly paged and sealed with the seal of the Collector, in which he shall write every day, before the close of the licensed premises, correct accounts of that day’s transactions of foreign liquor used for manufacturing liquor chocolates at his licensed premises in a neat and legible manner.

The licensee shall submit to the Superintendent of Prohibition and Excise concerned, not later than 7th day of every month, a return in Form ‘L’ showing the subtracts of the accounts of transactions of foreign liquor used or manufacturing liquor chocolates and the liquor chocolates manufactured at his licensed premises during the preceding month.]

Any owner or manager of the Super Market or Walk-in-Store having minimum area of 100 square meter and walk-in with self service facility and also registered under section 6 of the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 (Mah. LXI of 2017) desiring to setup a rack or shelf in his store for selling wine in sealed bottles to any person holding permit in Form FLX-C issued under rule 70D of the Bombay Foreign Liquor Rules, 1953, shall apply for a licence in Form E-3 to the Superintendent, State Excise of the district where his store is located, accompanied by a challan evidencing payment of an application fee of one hundred rupees.

On receipt of application, the Superintendent, State Excise after duly considering the proposal and after satisfying himself, that the premises where it is proposed to sell wine are in conformity with the provisions of these rule and instructions issued in this behalf, by the State Government or the Commissioner, State Excise from time to time, and that there is no other objection to grant the licence applied for, may grant the licence in Form E-4, on payment of a deposit of Rs.1,000 and on payment of license fees as prescribed by the Commissioner, State Excise, from time to time.

No licence under sub-rule (2) shall be granted in respect of the premises,—

(a) which, in the opinion of the Superintendent, State Excise, is not appropriate to display a rack or shelf of wine or where such rack or shelf is more than one in a premises or where such rack or shelf exceeds 2.25 cubic meter in volume; where such rack or shelf doesn’t have a mechanism to keep it locked whenever necessary; where such rack or shelf is situated at the entrance or front side of the said Super Market or Walk-in Store and where such rack or shelf is easily visible to passers-by from outside; or

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

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

(d) which is not duly approved by the Superintendent, State Excise 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 of the licence :

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 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 Maharashtra Public Trusts Act (XXIX of 1950) and includes such other religious institutions as the State Government may by order specify in this behalf ; or

(iii) the distance referred to in clause (b) or (c) of this sub-rule shall be measured from the mid-point of the entrance of the shop along the nearest path by which 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 entrance of the institution, or

(b) the mid-point of the nearest gate of the bus stand, station or 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 mid-point of nearest gate of statue, if there is compound wall, and if there is no compound wall, the nearest point of foundation of such statue.

(iv) Statue of national personality means any statue of national personality recognised by the Government and specified in the Schedule appended to these rules.

Any premises in respect of which a licence in Form E-4 has been granted shall not be deemed to be situated within the prohibited distance referred to in clause (b) or (c) of sub-rule (3) if at any time after such licence is granted, —

(a) any institution or Statue of national personality referred to in clause (b) of subrule (3) comes into existence within a distance of fifty meters, or as the case may be, one hundred meters, from that premises, or

(b) if any bus stand, station or depot referred to in clause (c) of the said sub-rule (3) comes into existence within a distance of one hundred meters from that premises.

Wine required for a licence holder shall not be bought or obtained except from a person holding a Trade and Import licence issued under the Bombay Foreign Liquor Rules, 1953 or BRL (Winery) licence issued under the Maharashtra Manufacture of Beer and Wine Rules, 1966.

A licensee shall not keep or sell in the licensed premises Liquor of any other kind which he is not authorised to buy or keep or sell. Only wine in sealed bottles can be sold. The licensee shall also not receive, keep or sell any adulterated, deteriorated or spurious liquor of any kind.

The licensee shall sell wine only to the persons holding permit in Form FLX-C issued under rule 70D of the Bombay Foreign Liquor Rules, 1953.

The provisions of sub-rule (10) of rule 5 of these rules relating to working hours and closure of licensed premises shall, mutatis mutandis apply to the licensee holding licence in Form ‘E-4’.

The licence shall be granted for a period upto 31st March next following the date of the commencement of the licence.

The licence shall be granted for a period upto 31st March next following the date of the commencement of the licence.