Maharashtra Excise Manual
Page 479 of 1109

25. Prohibition to shift licensed shop to any other place परवानाप्राप्त दुकान इतर कोणत्याही ठिकाणी स्थानांतरण करण्यास मनाई

Explanation.—For the purpose of this sub-rule,—

  1. "educational institution" means any pre-primary, primary or secondary school managed or recognised by any local authority or the State Government or the central Government and any College affiliated to any University established by law, but does not include any private coaching institution ;
  2. "religious institution" means an institution for the promotion of any religion and includes a temple, math, mosque, church, synagogue, agiary or other place of public religious worship which is managed or owned by a public trust registered under the Bombay Public Trusts Act, 1950 (Bom. XXIX of 1950) and includes such other religious instituions as the State Government may by order specify in this behalf;
  3. the distance referred to 5in clause (b), (c) or (d)5 of this sub-rule shall be measured from the mid-point of the entrance of the shop along the nearest path by which pedestrian ordinarily reaches,―
    1. the mid-point of the nearest gate of the institution if there is a compound wall and if there is no compound wall, the mid-point of the nearest entrance of the insitituion, or
    2. the mid-point of the nearest gate of the bus stand, station or depot of the Maharashtra State Road Transport Corporation if there is a compound wall and if there is no compound wall, the nearest point of the boundary of such bus stand, station 3or depot or3.
    3. 4(c) the mid-point of the nearest gate of the Statue, if there is a compound wall, and if there is no compound wall, the nearest point of foundation of such a Statue.]4
    4. 6(d) the edge of any National or State Highway, or in case of any existing service road then from the edge of such service road adjacent to the National or State Highway6
  4. 4(iv) "Statue of National Personality," means any statue of the National Personality recognized by the Government specified in the 47Schedule-I7 appended to these rules.]

2(4A) Any shop in respect of which a licence in Form C. L. III has been granted shall not be deemed to be situated within the prohibited distance referred to in clause (b) or (c) of sub-rule (4) if at any time after such licence is granted,—2

  1. any institution referred to in clause (3) of sub-rule (4) comes into existence within a distance of fifty metres or, as the case may be, one hundred metres, from that shop, or
  2. if any bus stand, station or depot referred to in clause (c) of the said sub-rule (4) comes into existence within a distance of one hundred metres from that shop.]

8(4B) Prohibition to grant or renew license.—No license under sub-rule (")8 shall be granted or renewed in respect of any shop which shall bear a name of the national personalities or any subsequent change in the name of national personalities and shall not bear the name of any of the Forts declared by the Central Government as protected monuments under the Ancient Monuments Preservation Act, 1904 (7 of 1904) and by the State Government as protected monuments under the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960 (Mah. XII of 1961), as specified in the Schedule-II appended to these rules.]

(5) The distance between any two shops should not be less than 200 metres.

25. Prohibition to shift licensed shop to any other place परवानाप्राप्त दुकान इतर कोणत्याही ठिकाणी स्थानांतरण करण्यास मनाई

  1. (a) a licensed shop shall not be shifted by a retail licensee to any other within a taluka without prior approval of the Collector;
  2. (b) a licensed shop shall not be shifted by retail licensee to any place from one taluka to another taluka of the district without prior approval of the Commissioner: