LICENCE FORM M.F.-II

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114 Bombay Prohibition Act, 1949 [1949 : Bom. XXV
LICENCE FORM M.F-II
(See rule 5)
No.
Licence for the Sale of mhowra flowers
Licence is hereby granted to
(hereinafter called “the licensee’) on payment in advance of a fee of Rs.

(Rupees ) authorizing him to possess and sell
mhowra flowers under and subject to the provisions of the Bombay Prohibition Act, 1949
(Bom. XXV of 1949), hereinafter referred to as “the Act”) and the rules, regulations and
orders made thereunder at (hereinafter referred to as “the said
premises’’) during the period from to (both days inclusive),
subject to the following conditions, namely :

Conditions

1. The total quantity of mhowra flowers sold by the licensee during the currency
of the licence together with the unsold balance of mhowra flowers shall not exceed
‘[quintals] at any time.

2. The licensee shall not store or keep the mhowra flowers in any place other than
the said premises.

3. The licence shall not use mhowra flowers for any purpose other than sale.

4. The licensee shall not possess nor sell under this licence any mhowra flowers
other than those which are collected, purchased or imported by him in accordance with
the provisions of the Bombay Mhowra Flowers Rules, 1950.

5. The licencee shall not, without permission from the Collector, sell mhowra
flowers to any person except-

(a) in the *[State of Maharashtra] to a person holding a valid licence for the
possession or sale of mhowra flowers under the Bombay Mhowra Flowers Rules,
1950, and a permit for the purchase or transport of the same under the said rules; and

(b) outside the * [State of Maharashtra] to a person holding an import
authorisation or a no-objection certificate from a duly authorised officer of the place
where mhowra flowers are to be sent and valid permits for the purchase and export
thereof under the said rules.

6. The licensee shall not, except with the permission of the Collector, effect any
sales of mhowra flowers before 6-00 a.m. (S.T.) or after 6-00 p.m. (S.T.).

7. The licensee shall maintain from day to day a true and correct account in the
form prescribed by the ' [State Government] under the Act. The account shall be clearly
written in a book, paged and sealed with the seal of the Collector, ?[Mamlatdar, Tahsildar]
Mahalkari or any other officer authorised in that behalf by the Collector.

 

1. Subs. by GN. of 13.5.1963.
2. Subs. by GN. of 25.7.1963

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1949 : Bom. XX V] Bombay Prohibition Act, 1949 115

8. The licensee shall furnish the Prohibition and Excise Officer of the .......... in
which the said premises are situated, not later than the fifth day of each month, with a
return in the form prescribed by the '[State Government] under the Act.

9. The licensee’s premises, vats and other receptacles used by him for the storage
of mhowra flowers and the accounts and registers maintained by him under condition 7
shall at all times be open to inspection by the ? [Commissioner] Collector or any Officer
duly authorised in that behalf.

10. The licensee shall keep his premises, vats and other receptacles for the
storage of mhowra flowers clean and in good condition.

11. Except with the permission of the Collector, the licensee shall not sell, transfer
or sub-let the right conferred upon him by this licence nor shall he, in connection with
the exercise of the said right, enter into any agreement or arrangement which, in the
opinion of the Collector, is of the nature of a sub-lease, If any question arises whether
any agreement or arrangement is in the nature of a sub-lease, the decision of the
Collector on such question shall be final and binding on the licensee.

12. No person shall be recognized as the partner of the licensee for the purposes
of this licence unless the partnership has been disclosed 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 this licence; unless the Collector
agrees on application made to him to alter to licence and to add the name or names of the
partner or partners in the licence.

13. The licensee shall maintain at the said premises a “Visit Book” paged and
sealed with the seal of the Collector, ? [Mamlatdar, Tahsildar] Mahalkari or any other
officer authorised in that behalf by the Collector in which visiting officers may record any
remarks when inspecting the said premises. The licensee shall, on the termination of the
period of this licence, deliver up the said book, the accounts and the licence to the
Prohibition Officer in whose jurisdiction the said premises are situated.

14. The licensee shall comply with all rules, orders or directions which may be
made or issued by the State Government or any Competent Officer under the Bombay
Prohibition Act, 1949, from time to time, during the currency of the licence.

15. The licensee shall exhibit in a conspicuous place in the said premises a
signboard bearing the following inscription in legible characters in English and in the
language of the district in which the said premises are situated :

“Name-

Licensed to sell mhowra flowers-

Authorised opening hours - 6-00 a.m. (S.T.).
Authorised closing hours - 6-00 p.m. (S.T.)”.

16. The licensee shall carry on the business of this shop either personally or by an
agent or servant duly authorised by him in this behalf by a written nokarnama signed
and countersigned by a Prohibition Officer not lower in rank than a sub-Inspector of
Prohibition and Excise, provided that any such nokarnama signed by the licensee shall
not be invalid unless and until countersignature is refused. If, for any reason, the

 

1. Subs. by GN. of 13.5.1963.
2. Subs. by GN. of 25.7.1963

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116

Bombay Prohibition Act, 1949 [1949 : Bom. XXV

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 the Commissioner
under clause (d) of sub-section (1) of section 144 of the Act. No nokarnama shall be
issued to any person under 21 years of age, and no such nokarnama if issued, shall be
valid.

17. [Deleted].

18. The licensee, his heirs, legal representatives or assignees shall have no claim
whatsoever to the continuance or renewal of this licence after the expiry of the period for
which it is granted. It shall entirely be within the discretion of the Collector to permit or
not the assignee of the holder of the licence in case of sale or transfer, or the heir or legal
representative of the holder of the licence in case of death, to have the benefit of the
licence for the unexpired portion of the term for which it is granted.

19. This licence may be suspended or cancelled by the Collector in accordance
with the provisions of section 54 or 56 of the Act.

 

Granted this Day of 19
Seal of the
Collector
Collector of
FORM M.F-II
(See rule 10)
Permit for the collection of mhowra flowers
Permit No. , dated

This permit is granted to

of on payment of a fee of Rs.

Authorizing him, under and subject to the provisions of the Bombay Prohibition
Act, 1949 (Bom. XXV of 1949), to collect mhowra flowers from the trees situated in

undermentioned Survey Numbers and to transport them from the said Survey Numbers
to his premises at in the 'taluka / tahsil] of of the district of

 

Number of trees Survey No., Village and '[Taluka/Tahsil] Name of the owner of the trees
where the trees are situated

 

 

 

 

This permit will be in force from to

Collector of

 

1 Subs. by GN. of 25-7-1963.