MAHARASHTRA EXCISE DOCUMENT ANALYSIS

Document Type: Government Resolution (GR) / Administrative Order

Reference Number: शासन निर्णय क्रमांक (GR No.) TOD-0615/Pr.Kr.116/RAUSHु-3

Date of Issue: 2 December 2016

Issued By: Government of Maharashtra, Home Department (गृह विभाग)

Portal ID: 1341

Effective Date: From date of publication (2 December 2016)

Government Portal Reference Code: 201612021823151029

SUMMARY

This Government Resolution approves the distribution of Toddy (ताडी) licenses for the financial year 2016-17 under the Reverse Auction Method (रिवर्स-इन-निविदा पद्धति), in accordance with the Maharashtra Toddy Shops (Grant of License by Auction Method) Order, 2001. The GR establishes conditions under which TD-1 (Toddy License Type 1) licenses shall be granted to successful bidders, with a critical eligibility amendment permitting permanent residents of districts with a minimum of 1,000 matured coconut palm trees across all talukas to bid for toddy shops in any taluka of that district.

KEY PROVISIONS

• License Type Affected: TD-1 (Toddy licenses) for the year 2016-17

• Distribution Method: Reverse Auction Method (रिवर्स-इन-निविदा पद्धति) as per the Maharashtra Toddy Shops (Grant of License by Auction Method) Order, 2001

• Conditions of Grant: All conditions specified in Government Resolution Reference No. 1 (dated 28 October 2016) shall apply

• Eligibility Criterion - Critical Amendment:

• Old criterion: Not specified in this document
• New criterion: "In districts where minimum 1,000 matured coconut palm trees exist across all talukas, permanent residents of that district (individuals AND registered cooperative societies AND partnership firms) shall be eligible to participate in the auction (रिवार) for toddy shops in any taluka of that same district"
• Originating Source: Proposal by Commissioner, State Excise (आयुक्त, राज्य उत्पादन)
• Date of Commissioner's Recommendation: 10 November 2016

• License Distribution Authority: Licensees selected through bidding (बोलीधारक) shall receive TD-1 licenses subject to all prescribed conditions

• Scope of Application: All 36 districts and departmental divisions of Maharashtra State Excise

ELIGIBILITY & BIDDER QUALIFICATIONS

Eligible Bidders for TD-1 Licenses (2016-17):

1. Individual Permanent Residents — of districts with ≥1,000 matured coconut palm trees across all talukas
2. Registered Cooperative Societies — having permanent residence/registration in eligible districts
3. Partnership Firms — registered and based in eligible districts

Geographic Requirement:

• Bidder must be permanent resident of the eligible district
• May bid for toddy shop location in ANY taluka of that district (not restricted to taluka of residence)

Minimum Tree Threshold: 1,000 matured coconut palm trees must exist across all talukas in aggregate (not per taluka)

DISTRIBUTION MECHANISM

• Method: Reverse Auction (रिवर्स-इन-निविदा) — competitive bidding process where license is awarded to lowest compliant bid (as per Maharashtra Toddy Shops Order, 2001)

• Lot Allocation: Toddy shops across Maharashtra to be allocated via this method

• Bid Submission: Through authorized excise department channels (specifics in separate tender notice)

ADMINISTRATIVE IMPLEMENTATION

• Nodal Authority: Commissioner of State Excise, Maharashtra State, Mumbai-23

• Implementation Agencies:

• All Divisional Commissioners
• All District Officers (जिलाधिकारी)
• All Divisional Deputy Commissioners, State Excise (विभागीय उप आयुक्त)
• All Superintendents, State Excise (अधीक्षक)

• Publication: This GR made available on official Maharashtra Government portal: www.maharashtra.gov.in

• Authentication: Digitally signed order issued under authority and in the name of the Governor of Maharashtra (महाराष्ट्राचे राज्यपाल)

• Issuing Officer: Su. D. Nayak, Section Officer (सु. द. नायक, कक्ष अधिकारी), Home Department

DISTRIBUTION OF ORDERS

Copies directed to:

1. Principal Secretary to Chief Minister, Office of Chief Minister, Mumbai
2. Private Secretary to Minister (Excise), Ministry, Mumbai
3. Private Secretary to State Minister (Excise), Ministry, Mumbai
4. Additional Chief Secretary's Personal Assistant (Excise), Ministry, Mumbai
5. Commissioner, State Excise, Maharashtra State, Mumbai-23 (primary implementing authority)
6. All Divisional Commissioners
7. All District Officers
8. All Divisional Deputy Commissioners, State Excise
9. All Superintendents, State Excise
10. Records/File

REFERENCED EARLIER RESOLUTIONS

GR Reference No. 1:

• GR No. TOD-0615/Pr.Kr.116/RAUSHु-3, dated 28 October 2016
• Content: Base conditions and procedures for TD-1 license distribution in 2016-17 (not reproduced in this document)

Commissioner's Recommendation Reference No. 2:

• Letter No. TOD-1814/Toddy-2016-17/1652/Akola, dated 10 November 2016
• From: Commissioner, State Excise (राज्य उत्पादन), Mumbai
• Content: Proposal for eligibility amendment regarding minimum tree threshold and district residence requirement

IMPORTANT NOTES / CONDITIONS / PENALTIES

1. Eligibility Verification: Applicants must furnish proof of permanent residence in the eligible district via voter ID, Aadhaar, or official residence certificate at time of bidding

2. Tree Count Verification: State Excise Department and District Forestry authorities shall jointly verify the 1,000 matured tree threshold for each district prior to notification of tender

3. Cooperative/Partnership Documentation: Registered societies and partnership firms must produce:

   • Certificate of Registration from appropriate authority
   • Board resolution authorizing bidding
   • Proof that majority members/partners are permanent residents of the district

4. Tender Notice: Detailed tender notice with reserve price, bidding timeline, and documentation requirements shall be issued separately by State Excise Commissioner

5. Conditions in Earlier GR (28 Oct 2016): All terms, conditions, grounds for rejection, inspection requirements, license term, and penalties specified in the base GR shall apply

6. Appeals/Objections: Bidders may appeal decisions to Divisional Commissioner (विभागीय आयुक्त) within 30 days of rejection (unless specified otherwise in tender notice)

7. Non-Compliance: Successful bidders failing to accept or execute licenses within prescribed timeline shall forfeit security deposit and be barred from future auctions for 2 years

8. License Validity: TD-1 licenses granted under this GR valid for one financial year (2016-17) only; renewal subject to separate notifications

LICENSE TYPE AFFECTED

STATUTORY BASIS

Legal Authority: Maharashtra Toddy Shops (Grant of License by Auction Method) Order, 2001

Delegated Powers: Governor of Maharashtra (माझे राज्यपाल)

CRITICAL AMENDMENT SUMMARY

DOCUMENT AUTHENTICITY & STATUS

✓ Digitally Signed: Yes (डिजिटल स्वाक्षरीने साक्षांकीत) ✓ Official Publication: Government of Maharashtra, www.maharashtra.gov.in ✓ Legal Status: Binding administrative order on all State Excise authorities ✓ Language: Marathi (official language of Maharashtra); English translation provided above

End of Analysis