Maharashtra Excise Manual
Page 860 of 1109

Page 860

(iii) which in the opinion of the Collector or the Ofllcer authorised by him in this behalf in writing are not suitable for the grant of a licence, ibr the reason to be recorded by him in writing, and having regard to the standard of cleanliness, nature of clientele or the service and amenities provided there in and such other factors ;

7[(iv) which shall bear a name of the national personalities or any subsequent change in the name of the 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 I960), as specified in the Schedule-11 appended to these rules.]7

(b) to any person who in the opinion of the Collector is not having regard to his antecedents, suitable to hold the licence.

Explanation- For the purpose of this sub-rule-

(i) "religious institution" means an institution for the promotion of any religion such as 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 institution as the State Government may by order specify;

(ii) "educational institution" means any pre-primary, primary or secondary school managed or recognised by any local authority or the State Government or any college affiliated to any University established by law, but does not include private coaching institutions ;

(iii) the distance referred to in sub-clause (i) of clause (a) of this sub-rule shall be measured from the mid-point of the entrance of the hotel, restaurant or canteen along the nearest path by which a pedestrian ordinarily reaches,

  1. (a) 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 institution, or
  2. (b) 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 3[or depot, or]3
  3. 5[(c) the edge of any National or State Highway, 5[or]5 in case of any existing service road then from the edge of such service road adjacent to the National or State Highway.]]5 the mid-point of the nearest gate of the Statue, ifthere is a compound wall, and ifthere is no compound wall, the nearest point of foundation of such a Statue.;

4[(Zv) "Statue of National Personality" means any Statue of the National Personality recognized by the Government specified in the 6[Schedule-I]6 appended to these rules.]4

Any premise of a hotel, restaurant or canteen in respect of which a licence in Form 'E' has been granted shall not be deemed to be situated within the prohibited distance referred to in sub-clause (i) ofclause (a) of sub-rule (3), ifat any time after such licence is granted, any institution or bus stand, station or depot of the Maharashtra State Road Transport Corporation referred to in that sub-clause comes into existence within a distance of fifty meters from such premises.]

(4) The licence shall be granted fbr period up to 3 March next following the date of the commencement of the licence.