Provided that, nothing contained in this sub-rule shall apply in respect of an existing hotel or restaurant for which a valid licence in Form FL-II1 is held by the Manager or Proprietor there of immediately before coming into force of the Bombay Foreign Liquor (Amendment) Rules, 1990 1[and the Maharashtra Foreign Liquor (Amendment) Rules, 2015.]1
2[* - Explanation.—For the purposes of this sub-rule.—2
- "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;
- 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. xx/x of 1950] and included such other religious institutions as the State Government may by order specify in this behalf;
- The distance referred to in clause (a) of this sub-rule shall be measured from the mid-point of the entrance of the hotel or restaurant alongwith the nearest path by which the pedestrian ordinarily reaches,—
- the mid-point of nearest gate of the institution if there is a compound wall and if there is no compound wall, the midpoint of the nearest entrance of the institution, or
- the mid-point of the nearest gate of the bus stand, station or depot of the 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 or depot, or
- the boundary of the National or State Highway 3[or]3
- 3[the mid-point of the nearest gate of the statue, ifthere is a compound wall, and if there is no compound wall, the the nearest point of foundation of such a statue.;]3
- 3[(Statue of National Personality)means any statue of the National Personality recognized by Government specified in the Schedule-I appended to these rules.;]3
4[(IB) No licence under sub-rule (IB) shall be granted in respect of any hotel or restaurant which, if situated in areas within the jurisdiction of any local self-government body having population not exceeding 20,000, is within a distance of two hundred and twenty metres and if situated elsewhere within a distance of five hundred metres from the edge of any National or State Highway, or in case of any existing service road then the distance from the edge of such service road adjacent to the National or State Highway.4
Explanation.—For the purposes of this sub-rule the distance referred to shall be measured from the mid-point of the entrance of the hotel or restaurant along with the nearest path by which a pedestrian ordinarily reaches to the edge of any National or State Highway, or in case of any existing service road then to the edge of such service road adjacent to the National or State Highway.]