MAHARASHTRA EXCISE DOCUMENT ANALYSIS

Document Type: Government Resolution (शासन पत्रक) / Administrative Circular

Reference Number: MYS-0919/Pr.Cr.333/RAUSHU-3, dated 24 February 2020

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

Effective Date: 24 February 2020

SUMMARY

This Government Circular pertains to the lapsing of the Maharashtra Prohibition (Amendment) Ordinance, 2019 (Maharashtra Ordinance No. 25 of 2019) and the consequent invalidation of liquor possession limits prescribed thereunder. The Ordinance, promulgated on 18 September 2019 in three prohibition-designated districts (Chandrapur, Gadchiroli, and Nandurbar) to amend the Bombay Prohibition Act 1949 and increase penalties, was not converted into a permanent Act within the prescribed constitutional timeframe and lapsed on 29 December 2019. As a result, the Government Order dated 19 September 2019 that prescribed limits for possession of alcoholic liquor (in specified quantities or monetary value) under this Ordinance stands void and of no legal effect. However, liquor possession limits prescribed under earlier Government Notifications (28 August 2015 and 28 November 2016) under the Bombay Foreign Liquor Rules 1953, Rule 70(D)(6) remain valid and in force.

KEY PROVISIONS

Ordinance Status:

• Maharashtra Prohibition (Amendment) Ordinance, 2019 (Maharashtra Ordinance No. 25 of 2019) was promulgated on 18 September 2019
• Applicable to three prohibition districts: Chandrapur, Gadchiroli, and Nandurbar (चंद्रपूर, गडचिरोली, नंदुरबार)
• Purpose: Amend the Bombay Prohibition Act 1949 and increase penalties (दंड)

Ordinance Lapsing:

• The Ordinance was not converted into a permanent Act within the constitutional timeframe (6 months from promulgation)
• Lapsed on 29 December 2019 (व्यपगत झाला)
• The Ordinance ceased to have any legal force from this date

Consequence — Liquor Possession Limits:

• Government Order dated 19 September 2019 prescribed limits for possession of:
  • Specified quantities of alcoholic liquor (निर्दिष्ट परिमाणातील मादक द्रव्य), OR
  • Alcoholic liquor up to a specified monetary value (पैशाच्या निर्दिष्ट रकमेपयंत किंमत असलेले मादक द्रव्य)
• This Government Order stands void and lapses consequent to the Ordinance's lapsing
• These possession limits are no longer legally operative from 29 December 2019

Continuing Validity of Earlier Notifications:

• Government Notifications dated:
  • 28 August 2015 (Reference: FLR-1711/Pr.Cr.82/RAUSHU-2)
  • 28 November 2016 (Reference: FLR-1716/Pr.Cr.167/RAUSHU-2)
• These notifications prescribed liquor possession limits under Bombay Foreign Liquor Rules 1953, Rule 70(D)(6)
• These limits remain valid and continue in force (कायम आहे)
• They are NOT affected by the lapsing of the 2019 Ordinance

Applicability:

• Applies to the three historically prohibition-designated districts: Chandrapur, Gadchiroli, Nandurbar
• Applies to all persons subject to Maharashtra excise law in these districts

DOCUMENTS/ENCLOSURES REQUIRED

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)

2. 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

3. No effect on other districts:

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

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

2. 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)

3. 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

4. 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)

5. 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

6. 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

7. 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

8. 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)

9. 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

10. 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

11. 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

REFERENCES CITED IN THIS DOCUMENT

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

END OF ANALYSIS