FORM F. L. W. - II

FORM F. L. W. - II.

[See Rules 25B (2)]

No. _______________

Vendor's Licence for sale of Wines

Licence is hereby granted, under and subject to the provisions of the Bombay Prohibition Act, 1949, and the rules, regulations and orders made thereunder, to ........... of ........... (hereinafter called "the licensee") on payment of a fee of Rs. ........... and deposit of Rs. ........... in advance, authorising him to sell wines and at his premises situated at ........... (hereinafter called "the licenced premises") during the period from ........... to ........... (both days inclusive), subject to the following conditions, namely :—

Conditions

1. The licensee shall carry on the business of selling wines at the 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 State Excise Officer not lower in rank than a Sub-Inspector :

   Provided that any such Nokarnama signed by the licensee shall be valid unless and until such countersignature is refused. If for any reason the Collector shall order the withdrawal of any Nokarnama issued by the licensee, the Nokarnama shall be forthwith withdrawn. For every Nokarnama issued by him and countersigned the licensee shall pay a fee of Re. 10.00. No Nokarnama shall be issued to any person under 21 years of age.

2. The licensee shall, if required by the Collector, pay to the State Government in advance at the beginning of each quarter commencing from the date of this licence such cost of the staff appointed at the licensed premises for the purpose of excise supervision as may be fixed by the State Government.
3. Except with the permission of the Collector, the licensee shall not sell, transfer or sub-let his right of selling wine conferred upon him by this licence, nor shall he be in connection with the said right enter into any agreement or arrangement which 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.
4. No person shall be recognised as partner of the licensee for the purposes of his licence, unless the partnership has been declared to the Collector before the licence is granted and the names of he 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 offer the licence and to add the name or names of the partner or partners in the licence :

   Provided that, no name or names of the partner or partners shall be entered in the licence by the Collector, without the previous sanction of the State Government.

¹ Deleted by G. N. of 25-3-1981.

FORM F.L.W. - II

Conditions of Licence under the Bombay Prohibition Act, 1949

1. The licensee shall always display at the entrance of the shop, a signboard of the size of 60 centimetres by 90 centimetres bearing the following inscriptions in legible characters:—

   1. Name of the licensee(s).
   2. Licence No.
   3. Location of the shop.
   4. Authorised opening and closing hours of the shop.
   5. No additional items shall be inscribed on the signboard.

2. The licensee shall abide by conditions of this licence and the provisions of the Bombay Prohibition Act, 1949, and the rules, regulations and orders made thereunder and shall give an undertaking to that effect.

3. The licensee shall comply promptly with all lawful orders and directions issued from time to time by the Commissioner, Collector or Superintendent or Inspector of State Excise.

4. 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 be entirely within the discretion of the Collector to permit or not the assignee of the licensee, in 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.

5. This licence may be suspended or cancelled in accordance with the provisions of section 54 or 56 of the Bombay Prohibition Act, 1949.

6. In case this licence is cancelled or suspended during the currency of the licence period or is not renewed on its expiry, the licensee shall surrender the whole stock of unsold wine forthwith to the Collector. The stock of wine so surrendered shall be sold by the Collector and the proceeds of the sale shall after deducting the expenses and any sum due to the State Government be returned to the licensee.

Granted this _______________ day of _______________________ 20___

Collector of _________________