LICENCE FORM M.F.-II

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 ¹[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 ²[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 ²[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 ¹[State Government] under the Act. The account shall be clearly written in a book, paged and sealed with the seal of the Collector, ²[Mamlatdar, Tahsildar] Mahalkari or any other officer authorised in that behalf by the Collector.
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 ¹[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 ²[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, ²[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 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 ______ 20 ______ .

Seal of the Collector                                                           Collector of ______