Maharashtra Excise Manual
License Form

FORM T. R. T. D.-2

Licence for the retail sale-of Toddy in Tribal Areas

See rules 4 and 5 (2)

Form text (extracted)
FORM T.R.T.D-2 See rules 4 and 5 (2)] Licence No : .......................... Licence for the retail sale-of Toddy in Tribal Areas Licence is hereby granted to Shri/Messrs. ............................................................. (hereinafter called “the licensee’’), authorising him to sell toddy by retail at his shop situated at ........................more particularly described in the Schedule hereto (hereinafter referred to as “the shop or licensed shop”), for the period commencing on .................................and ending on 31st August 20............. under and subject to the provisions of the Bombay Prohibition Act, 1949 and the rules, regulations and orders made thereunder, and the following conditions, namely : Conditions 1. The licensee shall always keep in a prominent place in the shop a clock or timepiece which shall be in good working order, and show the correct Standard Time. 2. The licensee shall, if so ordered by the Collector, provide the shop with sufficient water closet or privy and urinal facilities for the use of the customers . All such water closets, privies and urinals shall be of the type approved by the Collector, and shall always be kept in a clean and sanitary condition. 3. The licensee shall, if so directed by any Officer empowered under section 122 of the said Act (hereinafter called the Inspecting Officer), get the shop whitewashed within two months from the commencement of the licence, and subsequently at such times as the Collector or the Superintendent or any other Officer deputed by him , may consider it necessary on sanitary grounds. The licensee shall keep the shop clean to the satisfaction of the aforesaid officers. 210 Bombay Prohibition Act, 1949 [1949 : Bom. XXV 4. The licensee shall keep constantly fixed up at the entrance of the shop a signboard of the size of 60 centimetres X 90 centimetres, bearing the following inscriptions in Marathi in legible characters : (1) Name of the licensee . . (2) Licence No. . . (3) Location of the shop . . (4) Selling price of toddy . . (5) Authorised opening hours . . (6) Authorised closing hours . . 5. The licence shall always be displayed in the licensed shop at a conspicuous place. 6. The licensee shall keep and sell toddy unadulterated and undiluted as drawn from the trees without any admixture of any foreign substance or liquid whatsoever. He shall not keep or sell toddy which is more than 24 hours old after it was drawn from toddy- producing trees. All the vessels which contain toddy shall be thoroughly washed and cleaned before they are used. 7. (1) The licensee shall carry on the business of the shop and draw toddy from toddy-producing trees either personally or by agents or servants authorised by him in this behalf by a written NOKARNAMA in form T. R. T. D.-8 signed by himself and countersigned by a Prohibition 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. If for any reason the Superintendent 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 in advance into the Treasury a fee of rupee one. No NOKARNAMA shall be issued to any person under 21 years of age, and no such NOKARNAMA if issued, shall be valid. The licensee shall be responsible for breach of any of the conditions of this licence or that of the rules committed by his agent or any persons in his employ. (2) The licensee shall maintain at his licensed shop a Register in Form T. R. T. D.-9 containing the names of all his agents or servants duly authorised by him. (3) The licensee shall instruct all his agents and servants to keep the NOKARNAMA with them, and that they are bound to observe the rules. Such NOKARNAMA shall be produced before an Inspecting Officer whenever demanded by him. 8. The licensee shall not sell toddy except for consumption by a purchaser on the premises of the licensed shop. He shall not sell or serve toddy to any person outside the shop, nor shall be allow any person to remove any toddy from the licensed shop : Provided that, the licensee may sell toddy for consumption by a purchaser at any place other than the licensed premises (such place not being a public place), in such quantities at a time as does not exceed the quantity of toddy which the State Government may direct that any person may possess and transport without any permit, pass or authorisation : Provided further that, unsold toddy may be sold to the holder of a licence in form I appended to the Maharashtra Distillation of Spirit and Manufacture of Potable Liquor Rules, 1966 for distillation of Spirit and such toddy shall be transported under cover of a pass in Form T. R. T. D.-7. 1949 : Bom. XXV] Bombay Prohibition Act, 1949 211 9. No disorderly person shall be harboured, and no drunknness or gambling shall be allowed, in the licenced shop. No person below 21 years of age, and no insanc or intoxicated person shall be permitted to enter or remain in the shop. 10. The licencee shall give immediate information to the nearest Police Officer of any person suspected to be a bad character who may come to the shop and of every irregularity committed thereat tending to disturb the public peace. 11. (1) The licensee shall close the shop— (a) On the 2nd October every year and on such other days as may be specified by the State Government or the Collector under rule 7; (b) On such days or times as may be specially ordered by the Collector under rule 8; and (c) Of his own accord during any riot or disturbance in the neighborhood of the shop. (2) No compensation shall be claimed by the licensee on account of the closure of the shop on such occasions. 12. The shop and the stock of toddy therein shall at all times be open to inspection by Officers duly empowered under section 122 of the Bombay Prohibition Act, 1949. 13. The licensee shall, when called upon by any Prohibition Officer not below the rank of Sub-Inspector, give an explanation in writing regarding any breach of the rules or any irregularity detected and committed by him or his agents or servants, and furnish any information regarding the management of the shop, and shall answer all reasonable questions to the best of his knowledge and belief. He shall also on demand allow a Prohibition Officer to take samples of toddy for analysis free of charge. 14. The licensee shall use for the storage of toddy in the shop, cask or vessels of such kind and capacity as may be approved by the Superintendent. The storage capac- ity of each cask or vessel shall be painted thereon. He shall also maintain at the shop a guaged-rod for each receptacle used for storing toddy. 15. The licensee shall abide by the conditions of this licence and the provisions of the Bombay Prohibition Act, 1949, the rules, regulations and orders made there under. 16. The Collector may permit the legal heirs of the licensee in case of his death to have the benefit of the licence for the unexpired portion of the term for which it was granted, and amend the licence accordingly. 17. This licence is liable to be suspended or cancelled in accordance with the provi- sions of section 54 or 56 of the Bombay Prohibition Act, 1949. Seal of the Collector, Collector ........................................................................................................ District. SCHEDULE 1. Description of site, such as house No. and the locality. 2. Boundaries of the shop . . . . North East South West Seal of the Collector. Collector, ............................. District.
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