Letter from CEO, Maharashtra State Khadi and Village Industries Board (खादी व ग्रामोद्योग मंडळ), dated 8 July 2020

• Recommended permission for Silai Shira organization to pack and sell neera in polythene packaging
• Recommended period: One year on experimental basis
• Subject to certain conditions (as specified in that letter, referenced here)

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APPLICABILITY & AFFECTED ENTITY

Who Is Affected:

• Licensee Name: Silai Shira Utpadak Prakriya va Shivni Sahkari Sansta Mayadit (Silai Neera Production, Processing and Sale Cooperative Society Limited)
• Location: Mulund (P.), Mumbai (within Mumbai Revenue Division)
• License Type: Not a traditional excise license category (FL-I through FL-IV, CL-I through CL-III). This is a Special Experimental Permission for neera production and packaged sale under Section 139(n) of the Maharashtra Prohibition Act.
• Activity: Neera production, polythene packaging, and commercial sale

Scope of Sale:

• Neera may be sold only within the revenue division in which the production unit is located (in this case, Mumbai Revenue Division)
• A separate Sample-4 (नमूना-4) license from the District Collector is required at the point of sale

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IMPORTANT NOTES / CONDITIONS / PENALTIES

1. Experimental Status:

• Permission is granted on an experimental basis (प्रायोशगक तत्वावर) — not as a permanent entitlement
• Duration limited to 12 months from 5 January 2021 (expires around 5 January 2022), OR until a permanent regulation is issued, whichever is earlier
• The Government may revoke or modify this permission at any time

2. Fermentation is Prohibited:

• This permission is specifically for neera (fresh sugarcane juice), NOT for toddy (fermented neera)
• The organization must ensure that neera does NOT ferment into toddy during production, packaging, storage, or sale
• Violation of this condition is a ground for immediate cancellation of permission

3. Food Safety is Mandatory:

• The Food Safety and Standards Act, 2006 and its Rules apply to neera as a food product
• The organization must comply with labeling, hygiene, storage temperature, and shelf-life requirements
• Non-compliance could result in seizure of product and criminal prosecution under food safety laws

4. Weights & Measures Compliance:

• The Weights and Measures (Packaged Commodities) Rules, 2011 requires:
  • Accurate declaration of net quantity on each package
  • MRP (Maximum Retail Price) declaration
  • Name and address of manufacturer/packager
  • Batch number and best-before date
  • Non-compliance results in penalty

  5. Distance Exemption is NOT Absolute:

  • While the 10-mile distance requirement is waived, the organization still must:
    • Maintain proper storage to prevent fermentation (implying production and storage locations must be distinct)
    • Ensure refrigeration if necessary (implying longer-distance distribution is contemplated)
    • Comply with all other conditions

    6. Revenue Division Lock-In:

    • The organization CANNOT sell neera outside the revenue division where it operates
    • Example: If the unit is in Mumbai Revenue Division, sales cannot be in Pune or other divisions
    • Different revenue division = Need separate permission from that division's authority

    7. Sample-4 License is Mandatory:

    • This GR does NOT itself constitute a license to sell neera
    • A Sample-4 license (एस-4 अनुज्ञप्ती) must be separately obtained from the District Collector
    • This is a precondition to commencement of sales

    8. Prior Precedent:

    • This permission is granted analogous to the permissions granted to Kalpatur organization (2014) and Krushi Vigyan Kendra (2014), which were extended in 2020
    • Those precedent organizations operate under the same conditions
    • This suggests that if the current organization performs satisfactorily for one year, its permission may also be extended (as with the earlier organizations)

    9. No Fees Mentioned:

    • This GR does not specify any fee for the experimental permission
    • However, Sample-4 license fee would be separately payable to the District Collector

    10. Regulatory Authority:

    • Commissioner of State Excise (राज्य उत्पादन शुल्क आयुक्त) — overall regulatory authority
    • District Collector (जिल्हाधिकारी) — authority for Sample-4 license issuance
    • Inspector, State Excise, Mumbai subdivision/Thane — field-level enforcement
    • Food Safety Officer — parallel oversight under Food Safety and Standards Act

    11. Oversight & Monitoring:

    • The GR is distributed to:
      • Chief Minister's Principal Secretary
      • Chairman and Speaker of Legislative Council/Assembly
      • Opposition Leaders
      • Revenue Minister and Deputy Minister (personal secretaries)
      • Chief Secretary (Home)
      • Commissioner of State Excise
      • Divisional Deputy Commissioners (Thane)
      • Excise Inspectors (Mumbai and Thane)
      • CEO, Maharashtra Khadi Board
      • The licensed organization itself
      • Local administration (Siivad Nasti — ward-level official)

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      NO FEES MENTIONED

      This GR does not impose any fee for the experimental permission. However:

      • Sample-4 License Fee (payable to District Collector) — amount not specified in this GR
      • Any subsequent permanent regulation may impose fees

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      DOCUMENTS/ENCLOSURES REQUIRED FOR IMPLEMENTATION

      1. Sample-4 License — to be obtained from the District Collector at the proposed point of sale
      2. Food Safety License/Registration — under Food Safety and Standards Act (likely FSSAI registration or State food authority registration)
      3. Weights and Measures Authorization — compliance certificate or inspection report
      4. Storage/Refrigeration Infrastructure Document — proof of adequate storage and temperature control facilities
      5. Transportation Permit — if selling outside immediate locality

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      LEGAL AUTHORITY & STATUTORY BASIS

      • Maharashtra Prohibition Act, 1949, Section 139(n) — Authority under which exemption is granted
        • Section 139(n) empowers the State Government to grant exemptions or relaxations from the Act
        • Food Safety and Standards Act, 2006 — Parallel regulatory regime
        • Weights and Measures (Packaged Commodities) Rules, 2011 — Statutory requirement for packaged goods

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        AMENDMENTS / CHANGES TO PRIOR RULES

        NO AMENDMENTS TO EXISTING RULES ARE MADE BY THIS GR.

        This GR does not amend the BPA 1949, BFLR 1953, or MCLR 1973. It is a one-time discretionary permission granted under Section 139(n) (exemption power) for an experimental period.

        • What is NOT changed: The general prohibition on neera packaging and sale remains in force for all other entities
        • What is changed: For THIS specific organization, for one year only, polythene packaging is permitted (subject to conditions)
        • Prior position: Neera could be sold only in Form-4 licensed shops; packaging was not permitted
        • New position (experimental, one year only): This organization may pack neera in polythene and sell it, if Sample-4 license is obtained

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        CRITICAL NOTES FOR PRACTITIONERS

        1. Not a Permanent License: This is an experimental authorization, not a permanent license. Renewal is uncertain.
        2. Fermentation Risk: The most important condition is prevention of fermentation. If neera turns into toddy, the entire permission is jeopardized.
        3. Dual Licensing: Both this GR permission AND Sample-4 license from District Collector are required.
        4. Food Safety Parallel: The organization will be subject to inspection by Food Safety Officer (parallel to Excise Inspector).
        5. Distance Waiver is Valuable: The 10-mile exemption is unusual and highly favorable; this suggests the Government views this as a serious experimental project.
        6. Revenue Division Lock-In: The organization is geographically restricted; any expansion requires a new GR.
        7. Precedent Models: Kalpatur and Krushi Vigyan Kendra organizations (referenced in prior GRs) provide operational models; their 2020 extension to 31.12.2022 suggests this organization's permission may also be extended if successful.

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        AUTHENTICATION & PUBLICATION

        • Digitally Signed By: Suresh N. Yadav, Executive Officer, Government of Maharashtra
        • Website Reference Code: 202101051702274229
        • Published On: www.maharashtra.gov.in
        • Date of Issue: 5 January 2021

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        END OF ANALYSIS