Manual
› THE MAHARASHTRA FOREIGN LIQUOR (STORAGE IN BOND) RULES, 1964
› Form “B. W. 1
Authorisation
Form “B. W. 1
Licence authorising storage in bond of foreign liquor
See rule (4)2
What this form is for
Form B. W. 1 is the licence that authorises a person to store foreign liquor in bond at specified premises for a fixed period, subject to conditions on fees, deposit, stock limits, record-keeping and excise supervision. It is issued by the Commissioner of Prohibition and Excise to an applicant who wishes to run a bonded warehouse for foreign liquor. It is prescribed under rule (4) of the Maharashtra Foreign Liquor (Storage in Bond) Rules, 1964, and is granted under the Bombay Prohibition Act, 1949, with suspension or cancellation governed by sections 54 and 56.
Form text (extracted)
8071949 : Bom. XXV] Bombay Prohibition Act, 1949 This obligation shall be void but otherwise and on breach in the performance of any part of this condition, the same shall be in full force. And, it is hereby agreed and declared that the Government shall, at its option be competent to appropriate the said amount of security deposit in satisfaction of any claim for loss or damage or to recover the amount of such claim a revenue demand and to otherwise enforce its rights under the above written bond in any other manner. I/We declare that this bond is given under the provisions of the said rules for the performance of an act in which the public are interested. Place .................................. Date ...................................Signature(s) of the obliger(s) Address (1) Occupation Address (2) Occupation Witness (1) (2) Accepted by me this ..................... day of .......................... 20 . Commissioner of Prohibition and Excise, Bombay on behalf of the Governor of Maharashtra. –––––––– Form “B. W. 1” [See rule (4)2] Licence No. ............................. Licence authorising storage in bond of foreign liquor Licence is hereby granted under the subject to the provisions of the Bombay Prohibi- tion Act, 1949 (Bom. XXV of 1949), and the rules, regulations and orders made thereunder to ............................................................ of ............................................................, (hereinafter referred to as “the licensee”) authorising him to store in bond foreign liquor at ................................. in the district of ................................. (hereinafter called “the licensed premises”) during the period commencing on ................................. and ending on .................... (both days inclusive), subject to the following conditions, namely: Conditions 1.The licensee shall pay into the Government Treasury a sum of 2 [(50,000 as licence fee)] 1 [(inclusive of consideration)] and a sum of Rs. 10,000 as deposit. 2.This licence extends to the storage in bond of foreign liquor not exceeding *litres/ millilitres in the aggregate at any one time. * To be filled in while granting licence. 1.Subs. by G. N. of 6-11-1987. 2.Subs. by G. N. of 16-3-1988. 808 Bombay Prohibition Act, 1949 [1949 : Bom. XXV 3.The licensee shall pay to the State Government, in advance, at the beginning of each quarter commencing from the date of the licence, such cost of the staff appointed at the licensed premises for the purpose of excise supervision as may be fixed by the Com- missioner from time to time. 4.(1)If the licensee disires to descontinue the bonded warehouse he shall give one month’s previous notice in that behalf to the Commissioner. (2)If the licensee fails to give such notice he shall be liable to pay the cost of the excise staff appointed at the bonded warehouse for excise supervision until it is withdrawn. 5.The expenses in respect of excise escort provided for the receipt or removal of foreign liquor shall be paid by the licensee to the State Government. 6.The licensee shall carry on the business at his licensed premises either 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 countersignature 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. 7.(1)The licensee shall keep in the licensed premises a true and correct account of the quantity of foreign liquor received issued and held in balance at such 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 passes and counterfoils of the passes covering the receipts and issue of foreign liquor.The account register and passes shall, at all times, be open to inspection by the Commissioner, the Collector, the Superintendent of Prohibition and Excise, Prohibition and Excise Inspector or any other officer deputed by the Commissioner, the Collector or the Superintendent of Probibition and Excise to inspect them. (2)The licensee shall furnish to the Officer-in-charge on or before the 7th day of each month a statement showing the quantity of foreign liquor received at, and issued from, his licensed premises during the preceding month and also the quantity of foreign liquor held in balance at the end of the preceding month and shall furnish such other information as the Collector or the Superintendent of Prohibition and Excise or the Office-in-charge may from time to time require. 8.The licensee shall keep a Visit Book at the licensed premises for the use of the inspecting officers.This book shall be paged and sealed with the seal of the Collector. 9.Without the permission of the Commissioner, the licensee shall not sell, transfer or sub-left the privilege of storing in bond foreign liquor granted to him by this license, nor shall be in connection with the exercise of the said right enter into any agreement or arrangement which in the opinion of the Commissioner 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 Commissioner 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 granting of the licence, unless the Commissioner agrees, on applica- tion made to him, to alter the licence and to add the name of partner in the licence. 8091949 : Bom. XXV] Bombay Prohibition Act, 1949 1 [10.No foreign liquor shall be removed by the licensee from the licensed premises for consumption within the State, except with previous permission of the Collector, in writing and on payment, of excise duty and fees, and under a pass granted under the Maharashtra Foreign Liquor (Storage and Supply) Regulations, 1964]. 2 [Provided that, foreign liquor may be removed in bond by the licensee from his licensed premises for supply to another licensee holding a B. W. I licence in the State, under a pass granted by the Collector under the Maharashtra Foreign Liquor (Storage and Supply) Regulations, 1964.] 11.The licensee shall abide by the conditions of this licence and the provisions of the Bombay Prohibition Act, 1949, and the rules, regulations and orders made thereunder. 12.The licensee shall obey all lawful orders issued from time to time by the Commisssioner, the Collector or the Superintendent of Prohibtion and Excise. 13.The licensee, his heirs, legal representatives or assignees shall have no claim whatsoever to the continuance 3** of this licence after the expiry of the period for which it is granted.It shall be entirely within the discretion of the Commissioner to permit or not the assignee of the licensee, in case of sale or transfer, or the heir or legal representa- tive 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. 14.This licence may be suspended or cancelled in accordance with the provisions of section 54 or 56 of the Bombay Prohibition Act, 1949. 15.In case this licence is cancelled during the currency of the licence period 4 [or no fresh licence is granted] 3* * onits expiry, the licensee shall forthwith surrender the whole stock of foreign liquor held in balance at the licensed premises to the officer-in-charge for disposal. Granted this day of 19 Seal Commissioner of Prohibition and Excise. 1Subs, by G. N. of 19-8-1969. 2Added by G. N. of 12-7-1973. 3Deleted by G. N. of 19-8-1969. 4Ins. by G. N. of 21-3-1972.
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