Maharashtra Excise Manual
Page 1041 of 1109

1. Short title

(165) THE BOMBAY PROHIBITION (RESTRICTION ON RENEWAL OR RE-GRANT OF LICENCES) ORDER 1980

G.O., H.D., No. DNS 0879/4178/186 (A)-PRO-1, dated 9th January 1980

(M.G. Pt. IV-B, p. 80)

In exercise of the powers conferred by clauses (o) and (n) of sub-section (1) of section 139 of the Bombay Prohibition Act, 1949 (Bom. XXV of 1949), the Government of Maharashtra hereby makes the following Order, namely:

1. Short title

This Order may be called the Bombay Prohibition (Restriction on renewal or re-grant of Licence) Order, 1980.

2. Definitions

In this Order, unless the context otherwise requires,—

  1. (a) "family unit" means a person and his spouse (or more than one spouse) and his children solely dependent on him for their maintenance;
  2. (b) "licensee" means an individual, family unit, firm or a body of individuals, whether incorporated or not, who or which holds more than one scheduled licence;

    Explanation.— For the purpose of this clause, a scheduled licence held by an individual who is member of a family unit shall be deemed to be held by such family unit;

  3. (c) "licensing authority", in relation to any scheduled licence, means an authority competent to grant that licence;
  4. (d) the expression "private company" shall have the meaning assigned to it in the Companies Act, 1956 (I of 1956);
  5. (e) "scheduled licence" means any of the licences specified in the Schedule hereto.

3. Restriction on renewal or re-grant of licences

After the commencement of this Order, not more than one scheduled licence held by any licensee shall be renewed or shall be re-granted to such licensee.

4. Option to be exercised by licensee

Every licensee shall opt for the renewal or re-grant of any one of the scheduled licences held by him and communicate his option to the Commissioner in the Form appended hereto before 29th day of February 1980.

5. Instructions to licensing authorities

On receipt of the communication under clause 4, the Commissioner shall issue instructions to the concerned licensing authorities not to renew or re-grant any of the scheduled licences which are not opted for renewal or re-grant by the licensee.

6. Consequence of failure to communicate option

If any licensee fails to communicate his option before the day specified in clause 4, none of the specified licences held by him shall be renewed or re-granted after its expiry.

SCHEDULE

[See clause 2 (e)]

  1. Licence under the Bombay Mhowra Flowers Rules, 1950.— Licence in form M.F. II (Licence for the sale of Mhowra Flowers).
  2. Licence under the Bombay Foreign Liquor Rules, 1953.—
    1. Licence in Form F.L. I [Ordinary Trade and Import Licence for the removal from a Customs Frontier and for the import and vend of foreign liquors (potable) including Indian made liquors (potable) excised at special rates ("not to be drunk on the premises.")]
    2. Licence in Form F.L. II (Vendor's Licence for sale of Foreign Liquor).
  3. Licences under the Bombay Denatured Spirit Rules, 1959.—
    1. Licence in Form D.S. VI (Licence for the wholesale sale of Ordinary denatured spirit).
    2. Licence in Form D.S. VII (Licence for the retail sale of ordinary denatured spirit).