Maharashtra Excise Manual
Page 714 of 1109

(2) (a)

Except with the previous sanction of the 1Collector1, no person recognised as partner under sub-rule (1) shall be allowed to withdraw from the partnership and to have his name as partner deleted from the licence.

(2) (a)

Subject to the provisions of clause (b) a holder of a vendor's licence shall carry on his business under the licence either personally or by an agent or servant duly authorised by him in this behalf by a written nokarnama in Form F.L.XIV, 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. For every nokarnama issued by him and countersigned, the licensee shall pay a fee of Rupee 1.

(b)

A vendor licensee shall not authorise any of following persons as his agents or servants, namely:—

  1. persons below twenty-one years of age;
  2. persons suffering from any infectious or contagious disease;
  3. persons of unsound mind;
  4. persons who, in the opinion of the Collector, are of a bad character;
  5. persons whose nokarnamas or licensees have previously been cancelled or
  6. persons convicted of any offence:

Provided that, in the case of persons falling under clauses (iv), (v) and (vi), the Collector may make such inquiries as he deems necessary for the removal or disqualification and if he is satisfied that there is no objection, he may, for reasons to be recorded in writing, remove the same at any time;

Provided further that, if for any reason the Collector shall order the withdrawal of any nokarnama issued by the licensee, the nokarnama shall forthwith be withdrawn.

(3) (a)

The holder of a vendor's licence shall keep in the licensed premises an up-to-date list showing the names of all authorised agents or servants.

(b)

The licensee shall keep in the licensed premises, in a bound book of stout paper, paged and stamped with the seal of the Collector accounts in such form as may be prescribed by the Commissioner. The accounts shall be clearly and correctly written up-to-date daily. With these accounts shall be filed the transport passes under cover of which foreign liquor was received, sold or transported. These accounts shall be open to inspection by the Collector or any other officer empowered under section 122 of the Act.

(c)

The licensee shall submit such returns as may be prescribed by the Commissioner

(d)

The licensee shall keep a complete set oftesting instruments for testing foreign liquor.

(4)

The licensed premises of the holder of a vendor's licence and all foreign liquor there in contained shall at all times be open to inspection by the Collector and the Prohibition Officers empowered under section 122 of the Act and 2by the Commissioners of Police, Bombay, Nagpur and Poona within their respective jurisdiction,2 and elsewhere by the District Superintendent of Police.