Maharashtra Excise Manual
Page 480 of 1109

Page 480

Provided that, the number of licensed shops for such shifting 4[shall not exceed 30%]4 of the total existing licensed shops in any district excluding Mumbai City and Mumbai suburban district which would be inclusive of the licensed shop already shifted with prior approval of the Government or the Commissioner before the date of publication of these rules;

2[Provided further that, any licence shop shall not be shifted within the Mumbai City and Mumbai subusrban District, without prior approval of the Government.]2

8[Provided also that, the number of licensed shops for such shifting shall not exceed 30% of the total existing licensed shops in Chandrapur District as on the 31st March, 2015.]8

(c) a licensed shop shall not be shifted by retail licensee to any place from one district to another district without prior approval of the Government;

1[Provided that, the number of such licensed shops fbr shifting out of the district,]1 9[]9 shall 11[not exceed 30 per cent.]11 of the total licensed shops existing in the district at the time of commencement of these rules:

Provided fiirther that, the number of such licensed shops shifted in the district from other district, shall also 11[not exceed 30 per cent.]11 of the total licensed shops existing in any district at the time of commencement of these rules;

10[Provided also that, in case of Chandrapur district the number of licensed shops for shifting shall]10 11[not exceed 30 per cent]11 of the total licensed shops existing in the Chandrapur District as on 31st March 2015.]

(d) the shifting of licences under clauses (a), (b) and (c), shall be subject to the fulfillment of the following conditions, namely

  1. 12[considering the sale of liquor of past five years, the sale of liquor of any two years of last four years shall be less than the sale of first year of the block of five years; or considering the sale of liquor of past five years, the sale of liquor of any three years shall be less than that of the annual average sale of the liquor fbr the same five years;]12

    Provided that, the licenced shop holds valid licence during the said period;]

  2. that there is no inconvenience of drinking of liquor to the people residing in that area;
  3. that the Grampanchayat in whose area licenced shop is proposed to be shifted, has given no objection by passing a resolution of the Gramsabha; and if the shop is proposed to be shifted to any area other than Grampanchayat area, no objection of the Municipal Council concerned has been obtained;
  4. that the proposed premises are free from distance restriction as provided under sub-rules (4) and (5) rule 24;

    3,5,6,7[Provided that, the licensed shop shall be shifted to the premises where no shop with similar license is situated within the aerial distance of 200 meters from the proposed premises.]3,5,6,7

  5. that the construction of the premises in which shop is proposed to be shifted is an authorized construction and certificate of the competent local authority is submitted