Manual
› THE MAHARASHTRA COUNTRY LIQUOR RULES, 1973
› FORM C. L. III
License Form
FORM C. L. III
Licence for the Retail Sale of Country Liquor
[See rule 24 (1A)]
What this form is for
Form C.L. III is the licence issued to a country liquor retailer, authorising the sale of country liquor by retail from a specified shop for a stated licence period, subject to a set of conditions. It is granted by the Collector to an applicant whose application for a new licence, or for renewal, has been approved. The conditions cover shop upkeep, hours of closure, inspection and the use of authorised agents. The form is prescribed under rule 24(1A) of the Maharashtra Country Liquor Rules, 1973, and operates under the Bombay Prohibition Act, 1949.
Form text (extracted)
496 Bombay Prohibition Act, 1949 [1949 : Bom. XXV (iii)Whether the applicant was holding or was granted a licence in Form CL., III for the, retail sale of country liquor but was not operating it on 1st January, 1979 and if so, reason (s) therefor. I/We hereby declare that the pariculars given above are correct. N. B. : Wilful submission of false information or mis-representation of facts will render the licence, if eventually granted liable for cancellation under section 54 (1) (e) of the Bombay Prohibition Act, 1949. I /We enclose a Chalan No. ......................................date..................................evidencing payment of a sum of Rupees ......................................(Rupees ...........................................) for the application. I hereby undertake to abide by the conditions of the licence and the provisions of the Bombay Prohibition Act, 1949, and the rules, regulations and orders made thereunder from time to time. Date :.................................................. Signature of the applicant. Signed before me ............................................................ Notary/Special Executive Magistrate/Tahsildar. To, * The Secretary to the Government of Maharashtra. Home Department, Mantralaya, Bombay 400 032. (Through the Collector of .............................................) † The Collector of ............................................................ * When application is for grant of a licence. †When application is for renewal of a licence. ———— FORM C. L., III 1 [See rule 24 (1A)] Licennce No. .................................. Licence for the Retail Sale of Country Liquor Licence is hereby granted, to Shri /Messrs.......................................................................... (hereinafter called “the licensee”) authorising him to sale country liquor by retail at his shop situated at .........................................................more particulary described in the Sehedule hereto (hereinafter referred to as “the shop”) for the period commencing on ................................and ending on 31 st ................................ 20 , under and subject to the provisions of the Bombay Prohibition Act, 1949 and the Maharashtra Country Liquor Rules, 1973 and other rules, regulations and orders made under the Act in so far as they relate to the retail sale of country liquor and the following conditions, namely :— 1.Subs. by G. N. of 26-2-1982. 4971949 : Bom. XXV] Bombay Prohibition Act, 1949 Conditions 1.The licensee shall always keep in a prominent place in the shop a clock or time- piece which shall be in good working order, and shows the correct Standard Time. 2.The licensee shall provide the shop with a water closet and urinal facilities for the use of customers which 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 (hereinfter called the Inspecting officer), get the shop colour washed prior to the commencement of the licence, and subsequently at such time as the Collector, or the Superintendent or any other Officer duly authorised by him, may consider it necessary.The licensee shall at all times keep the shop clean to the satisfaction of the aforesaid officers. 4.The licensee shall always display at the entrance of the shop a sign-board 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. 5. The licenee shall always be displayed in the licensed shop at a conspicuous place. 1 [6.Licensee shall keep and sell country liquor unadulterated and undiluted as obtained from the Licensed Warehouse. All utensils used for storing country liquor shall be thoroughly washed and cleaned before use.] 7.(1) The licensee shall carry on the business of the shop either personally or by agent/s or servant/s duly authorised by him in this behalf by a written Nokarnama in Form C. L. XV111 signed by himself and countersigned by a Prohibition and Excise 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 Nokamama issued by him, the licensee shall pay in advance into the Treasury a fee of rupee one.No Nokarnma 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 person in his employ. (2)The licensee shall maintain at his licensed shop a Registrar in Form C. L. XIX of all his agents and Nokars (servants) duly authorised by him. (3)The licensee shall instruct all his agents and Nokars (servants) to keep the Nokarnama with them at all times when on duty and that they are bound to observe the Rules, regulations and orders aforesaid.Such Nokarnama shall be produced before an Inspecting Officer whenever demanded by him. 2,3 (4)* * * 1.Subs. by G. N. of 20-6-1977. 3. deleted by 3.6.2009. 2.Ins. ibid. 498 Bombay Prohibition Act, 1949 [1949 : Bom. XXV 1 [8.The licensee may sell country liquor by measure for consumption only on the licensed premises of the licensed shop to a person holding valid permit. The licensee may also sell country liquor in sealed bottles for consumption to a permit-holder for removal of the licensed premises.] 9.No disorderly person shall harboured, and no drunkenness or gambling shall be allowed in the licensed shop.No person below 21 years of age, and no insane or intoxicated person shall be permitted to enter upon or remain in the shop. 10.The licensee 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.The licensee shall close the shop-- 2 [a] on the days of closure specified in or under rule 26 of the Maharashtra Country Liquor Rules, 1973.] (b)on such days or times as may be specially ordered by the Collector ; (c)of his own accord during any riot or disturbance in the neighbourhood of the shop. The licensee shall not be entiled to any compensation on account of the closure of the shop on such occasions ; 3 [Provided that, where a licensee desires to keep his licensed shop on any other day than those referred to at clauses (a) to (c) avove, he shall do so after obtaining prior written permission of the licensing authority.] 12.The shop and the stock of Country Liquor 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 and Excise 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 and Excise Officer or an Officer of the Food and Drugs Administration to take free of cost sample of country liquor for analysis 6 [by the chemical analyser.]He shall also pay on demand to the ( 7 chemical anylyser fee as may be Prescribed by the Commissioner for the analysis of each such sample 4,5,6 [ ***].) An account of the samples of Country Liquor drawn for analysis shall be maintained in Form C. L.XXV. 1 [14.The country liquor in storage shall be kept intact in the casks or vessels as received from the licensed warehouse.The seals shall not be broken. When a cask or vessel is opened for sale, the seal on the bung shall be removed and a cork shall fixed in place of the bung and the cask or vessel shall be placed on the sale counter for issue of country liquor therefrom. 1.lns. by G. N. of 20-6-1977. 2.Subs by G. S. of 7-7-1979 3.Added by G. N. of 31-3-1977 4.Subs by G. N. of 23-4-1973. 5.Subs. by G. N. of 31-5-1984. 6.Subs. by G.N.12-6-1998. 7.Subs. by G.N. 12-6-1998. 8.dele. by G.N. 12-6-1998. 4991949 : Bom. XXV] Bombay Prohibition Act, 1949 15.The licensee shall abide by the condition of this licence and the provisions of the Bombay Prohibition Act, 1949 the rules, regulations and orders made thereunder and shall give an undertaking to that effect, in Form C.L. XX. 16.The licensee shall comply promptly, with all lawful orders and directions issued from time to time by the Commissioner, Collector or the Superintendent. 17.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 of the heir or legal representa- tives of the licensee, in the case of death to have the benefit of the licence for the unexpired portion of the term for which it is granted. 18.The licence is liable to be suspended or cancelled in accordance with the provisions of section 54 or 56 of the Bombay Prohibition Act, 1949. 19.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 country liquor forthwith to the Collector.The stock of liquor 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. 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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