1949 : Bom. XXV) Maharashtra Prohibition Act 1073
{179-A} THE MAHARASHTRA PANCHAYAT EXTENSION TO SCHEDULED AREA (PROHIBITION AND REGULATION OF LICENSING) RULES, 2015
G N., H. D. No. MTS-912 / CR-336 / EXC-3, dated 4th March 2015
(M. G Part E. O. No. 296)
In exercise of the powers conferred by clause (h) of sub-section (2) of section 143 of the Maharashtra Prohibition Act, (XXV of 1949) and of all other powers enabling it in this behalf the Government of Maharashtra hereby makes the following Rules, the same having been previously published as required by sub-section (3) of the said section 143, namely:—
1. Short title and extent
- (1) These rules may be called the Maharashtra Panchayat Extension to Scheduled Area (Prohibition and Regulation of Licensing) Rules, 2015.
(2) They extend to all the Scheduled Areas in the State of Maharashtra.
2. Definitions
In these rules unless the context otherwise requires,—
- (a) "Act" means the Maharashtra Prohibition Act;
- (b) "Gram Sabha" means a body consisting of persons registered in the electoral rolls relating to village comprised within the area of the Panchayat;
- (c) "Panchayat" means a panchayat established or deemed to be established under the Maharashtra Village Panchayats Act (III of 1959);
- (d) "Scheduled Areas" means Scheduled Areas referred to in clause (i) of article 244 of the Constitution of India;
- (e) Words and expressions used but not defined in these rules shall have the meanings respectively assigned to them in the Act.
3. Licensing Authority to obtain opinion of Gram Sabha before granting Manufactory or trading license of intoxicant in the village in the Scheduled Areas
- (1) The Licensing authority shall inform, to the concerned Panchayat of a village in the Scheduled Area, about the application for grant of licence regarding establishment of a unit for manufacturing any intoxicant, as per the prevalent policy of the State Government. On receipt of such intimation, the Panchayat shall convene Gram Sabha and convey its opinion in the form of a resolution on the said application within a period of four weeks from the date of receipt thereof.
- (2) The Licensing authority shall inform, to the relevant Panchayat of a village in the Scheduled Area, about the application for grant of licence regarding trading of any intoxicant, as per the prevalent policy of the State Government. On receipt of such intimation, the Panchayat shall convene Gram Sabha and convey its opinion in the form of a resolution on the said application within a period of four weeks from the date of receipt thereof.
- (3) The Licensing authority shall issue an order in writing regarding the decision taken in accordance with the provisions of the Act and the rules made thereunder, under intimation to the Gram Sabha concerned. The resolution of the Gram Sabha shall be binding and final.
4. Gram Sabha opinion required for renewal of licence
Before the expiry of the licence so granted, the Gram Sabha resolution shall be required for its renewal. The proposal for renewal of the licence shall required to be presented by the licensing authority, if the licence-holder so applies, to the Gram Sabha, thirty days prior to the date of expiry of the licence. The Gram Sabha shall convey its opinion in the form of a resolution on the said application prior to the date of expiry of the licence.