Prescribing Form Of License Authorising Storage In Bond And Sale For Export By Sea Outside India In Bond Of Denatured Spirit

Bombay Prohibition Act, 1949 [1949 : Bom. XXV
G. N., R.D.  No. DNS. 1153, dt. 14th  October 1953
(B. G. Pt.  IV-B, p. 2076)
In exercise of the powers conferred by Section 143 of the Bombay Prohibition Act,
1949 (Bom. XXV of 1949), the Government of Bombay is pleased to make the following
rule, namely :
The form of licence which may be granted under the Act for authorising a person to
store in bond ordinary denatured spirit and to sell it for export by sea to places outside
India  in bond, shall be in the Form given in schedule hereto annexed and such licence
shall be granted subject to the condition specified therein :
SCHEDULE
Licence authorising storage in bond and sale for export by sea outside India in bond
of denatured spirit
Licence is hereby granted under and subject to the Provisions of the Bombay
Prohibition Act, 1949 (hereinafter referred to as “the Act’) and the rules, regulations and
orders made thereunder, to .................................................. of .................................................
(hereinafter called “the licensee”) on payment of a fee of Rs. ............................................. in
advance, authorising him to store in bond ordinary denatured spirit manufactured in India
and to sell for export by sea to places outside India in bond the denatured spirit so stored
at the .................. (hereinafter called “the licensed premises”), during the period from
................. to ........................... (both days inclusive), subject to the following conditions,
namely :
Conditions
1.This licence extends to the storage in bond and sale for export as aforesaid of
ordinary denatured spirit not exceeding* ..................................... gallons manufactured in
India and imported from* .................................
2.Each jar, cask, drum, bottle or other receptacles containing ordinary denatured
spirit of Indian manufacture stored in the warehouse shall be conspicuously labelled or
branced with the words “Ordinary denatured spirit manufactured in India.”
3.The licensee shall carry on the business at his licensed premises personally or
by an agent or servant duly authorised by him in this behalf by a written nokarnama
signed by himself and countersigned by a Prohibition and Excise Officer not lower in
rank than a Prohibition and Excise Sub-Inspector, provided that any such nokarnama
signed by the licensee shall also be valid unless and until counter-signature is refused.  If
for any reason the Collector orders the withdrawal of any nokarnama issued by the
licensee, the nokarnama shall be forthwith withdrawn.  For every nokarnama  issued by
him, the licensee shall pay such fee as may from time to time be prescribed for this
privilege by rules made under the Act.
No nokarnama shall be issued to any person under 21 years of age  and no such
nokarnama if issued, shall be valid.
4 (1)The licensee shall keep in the licensed premises a true and correct account of
the quantity of ordinary denatured spirit received, sold for export by sea and in balance at
the licensed premises.  The account shall be plainly and correctly written up-to-date daily
in a bound book, paged and sealed with the Collector’s seal and with it shall be kept the
*    To be filled in while granting licence.
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4331949 : Bom. XXV]	Bombay Prohibition Act, 1949
counterfoils of the requisitions and transport permits or customs documents relating to
ordinary denatured spirit received at the licensed premises.  The account book, requisi-
tions, permits and customs documents shall, at all times, be open to inspection by the
Commissioner, the Collector, the Superintendent of Prohibition and Excise, Inspector, or
any other Officer depute by the Commissioner, the Collector or the Superintendent of
Prohibition and Excise to inspect them.
(2)The licensee shall render to the Prohibition and Excise Inspector on or before
the 7th day of each month a statement showing the quantity of ordinary denatured spirit
received at and exported by sea from, his licensed premises during the preceding month
and the quantity in stock at the end of the preceding month and shall furnish such other
information as the Collector or the Superintendent of Prohibition and Excise may from
time to time require.
5.The licensee shall keep a Visit Book at the licensed premises for the use of the
Inspecting Officer.  This  book shall be paged and sealed with seal of the Superintendent
of Prohibition and Excise.
6.Without the permission of the Collector the licensee shall not sell, transfer or
sub-let the privilege of sale for export by sea granted to him by this licence, nor shall be
in connection with the exercise of the said right enter into any agreement or arrangement
which in the opinion of the Collector is of a nature of a sub-lease.  No person will 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
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 to add the name of the partner in the licence.
7.The licensee shall abide by the conditions of this licence and the provisions of
the Act and the rules, regulations and orders made thereunder.
8.The licensee shall obey all the orders issued from time to time to him by the
Commissioner, the Collector or the Superintendent of Prohibition and Excise.
9.The licensee, his heirs, legal representatives or assignees, shall have no claim
whatsoever to the continuance or renewal of this licence after the period for which it is
granted, it shall be entirely within the discretion of the Collector to permit or not the
assignee of the licensee in the case of sale or transfer, or the heir or legal representative
of the licensee, in case of death, to have the benefit of the licence for the unexpired
portion of the term for which it is granted.
10.This licence may be suspended or cancelled in accordance with the provi-
sions of section 54 or 56 of the Act.
11.In case this licence is cancelled during the currency of the licence period or
is not renewed on its expiry, the licensee shall surrender the whole stock of unsold
denatured spirit forthwith to the officer-in-charge of the Government Liquor Warehouse
for disposal.
Granted this .............................. day of ....................................... 19
                                                                       Collector of ..........................