None specified in this circular.

WHO IS AFFECTED

1. All citizens, businesses, and licensees in the three prohibition districts:

   • Chandrapur District (चंद्रपूर जिल्हा)
   • Gadchiroli District (गडचिरोली जिल्हा)
   • Nandurbar District (नंदुरबार जिल्हा)

   • Specifically affected authorities/persons:

     • District Collectors (all districts) — सर्व जिल्हाधिकारी
     • Divisional Deputy Commissioners, State Excise — सर्व विभागीय उपआयुक्त, राज्य उत्पादन शुल्क
     • State Excise Superintendents — सर्व अधीक्षक, राज्य उत्पादन शुल्क
     • Commissioner of State Excise, Maharashtra — आयुक्त, राज्य उत्पादन शुल्क, महाराष्ट्र राज्य
     • Any person holding, possessing, or carrying alcoholic liquor in these districts

     • No effect on other districts:

       • Citizens in non-prohibition districts continue to be governed by existing liquor laws

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       IMPORTANT NOTES / CONDITIONS / PENALTIES

       Critical Constitutional/Legal Points:

       1. Ordinance vs. Act Distinction:

          • An Ordinance is a temporary legislative measure issued by the Governor when the legislature is not in session
          • It must be converted into a permanent Act by the legislature within 6 months (or extended timeline)
          • If not so converted, it automatically lapses

          • 6-Month Period NOT Extended:

            • The Maharashtra legislature did not extend the 6-month constitutional period for conversion
            • The Ordinance therefore lapsed on 29 December 2019 (6 months from 18 September 2019)

            • Legal Effect of Lapsing:

              • Any Government Orders, Resolutions, Rules, or Notifications issued in pursuance of or under the lapsed Ordinance are automatically void
              • No further action required to invalidate them — they cease to have effect ipso facto (by operation of law)
              • The 19 September 2019 Government Order (prescribing possession limits) is therefore invalid

              • Retroactive/Prospective Application:

                • The circular makes clear that from 29 December 2019 onwards, the 2019 Ordinance-based possession limits are not enforceable
                • Status of prosecutions/actions taken between 19 September 2019 and 29 December 2019 under these limits is unclear from this document (would require separate legal opinion)

                • Earlier Notifications Remain Valid:

                  • The 2015 and 2016 Government Notifications are independent of the 2019 Ordinance
                  • They derive authority from the Bombay Foreign Liquor Rules 1953, Rule 70(D)(6) — which remains valid law
                  • These notifications therefore remain fully operative and enforceable

                  • Practical Consequence for Prohibition Districts:

                    • Persons in Chandrapur, Gadchiroli, Nandurbar must now comply with the liquor possession limits prescribed in the 2015 and 2016 notifications, not the 2019 Ordinance
                    • Any limits prescribed in the 2019 Ordinance that were more lenient are no longer applicable
                    • Any limits in the 2015/2016 notifications that are more restrictive now apply

                    • No Penalties for Past Violations:

                      • The document does not address whether persons who violated the Ordinance-based limits between September and December 2019 face liability
                      • Ordinarily, actions taken in reliance on a valid ordinance (before it lapsed) would not attract penalties retroactively

                      • Distribution and Compliance Notice:

                        • This circular is circulated to:
                          • Chief Secretary, Principal Secretary to CM
                          • Private Secretaries to Minister (Excise) and State Minister (Excise)
                          • Opposition Leader's office
                          • All District Collectors
                          • All Divisional Deputy Commissioners
                          • All State Excise Superintendents
                          • Commissioner of State Excise
                          • Instruction: "माहिती व योग्य त्या कार्यवाहीसाठी" (for information and appropriate action)

                          • Website Publication:

                            • This circular has been published on the official Maharashtra Government website: www.maharashtra.gov.in
                            • Digital Reference Number: 202002241645426829
                            • Digitally signed by S. S. Yadav, Executive Officer, Government of Maharashtra

                            • No License Type Specification:

                              • This document does not directly specify FL-I, FL-II, FL-III, FL-IV, CL-I, CL-II, CL-III, Toddy, or Neera licenses
                              • The prohibition limits apply to the general public, not specifically to licensed establishments
                              • However, licensed establishments in these districts must remain aware that they are subject to the 2015/2016 notification-based limits, not the 2019 Ordinance limits

                              • Status of Implementation Orders:

                                • Any implementation or operational orders issued by excise authorities in reliance on the 19 September 2019 Government Order are now void
                                • District authorities should issue corrective orders directing compliance with the 2015/2016 notification limits

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                                REFERENCES CITED IN THIS DOCUMENT

                                Reference	Date	Subject
                                Government Notification FLR-1711/Pr.Cr.82/RAUSHU-2	28 August 2015	Liquor possession limits under Bombay Foreign Liquor Rules 1953, Rule 70(D)
                                Government Notification FLR-1716/Pr.Cr.167/RAUSHU-2	28 November 2016	Liquor possession limits under Bombay Foreign Liquor Rules 1953, Rule 70(D)
                                Government Order MYS-0919/Pr.Cr.333/RAUSHU-3	19 September 2019	Prescribed possession limits under the 2019 Ordinance — NOW VOID
                                Maharashtra Prohibition (Amendment) Ordinance 2019	Promulgated 18 September 2019; Lapsed 29 December 2019	Amendment to Bombay Prohibition Act 1949 in three districts

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                                DOCUMENT CLASSIFICATION

                                • Instrument Type: Administrative Circular / Corrective Order
                                • Legal Basis: Constitutional lapsing of Ordinance; Bombay Foreign Liquor Rules 1953, Rule 70(D)(6)
                                • Jurisdictional Scope: Chandrapur, Gadchiroli, Nandurbar Districts only
                                • Binding Force: Mandatory — all excise officials and the public must comply with the 2015/2016 limits, not the 2019 Ordinance limits
                                • Appeals/Redressal: Not specified in this document

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                                END OF ANALYSIS