MAHARASHTRA EXCISE DEPARTMENT — OFFICIAL DOCUMENT ANALYSIS

Document Type: Government Resolution (GR) — Permission/Authorization Order

Reference Number: MYS-1020/Pr.Sh.138/Rausu-3, dated 05 January 2021

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

Effective Date: 05 January 2021 (Date of publication)

Portal ID: 1504

SUMMARY

This Government Resolution grants permission to Silai Shira Utpadak Prakriya va Shivni Sahkari Sansta Mayadit, Mulund (P.), Mumbai (Silai Neera Production, Processing and Sale Cooperative Society Limited, Mulund, Mumbai) to undertake commercial production, packaging, and sale of neera in polythene packing. The permission is granted on an experimental basis for one year (or until a permanent regulation is notified, whichever is earlier) under specific conditions and subject to provisions of the Maharashtra Prohibition Act, 1949, Section 139(n). The organization is exempted from the distance restriction (minimum 10 miles between neera production unit and sales location) that normally applies under the 1969 GR.

KEY PROVISIONS

1. Scope of Permission:

• Licensee: Silai Shira Utpadak Prakriya va Shivni Sahkari Sansta Mayadit, Mulund (P.), Mumbai
• Activity: Production (Shira Utpadan) + Polythene Packaging (Politheen Packing) + Sales (Shivni) of Neera
• Duration: One year from the date of this GR, OR until a permanent regulation is notified under law, whichever occurs first
• Authority: As per Maharashtra Prohibition Act, 1949, Section 139(n) — exemption granted by the State Government

2. Exemption Granted:

• Distance Restriction Waived: The requirement under GR dated 16.8.1969 that distance between neera production unit and sales location must NOT exceed 10 miles — this restriction is waived for this organization.

3. Mandatory Conditions (Six Conditions Imposed):

1. Fermentation Prevention (अंतर्गत प्रक्रिया पर्यवेक्षण)

   • After neera is produced, the fermentation (kirvan prakriya) process must NOT occur or cause conversion into toddy (tadi).
   • The organization must exercise due care and vigilance (dakshta) to prevent this.

2. Food Safety Compliance (खाद्य सुरक्षा अनुपालन)

   • During packaging and sale of packaged neera, all provisions of the Food Safety and Standards Act must be strictly complied with (Bandikarak rahil — compulsory).

3. Weights & Measures Compliance (माप-तोल शास्त्र)

   • During sale of packaged neera, all provisions of the Weights and Measures (Packaged Commodities) Rules, 2011 must be strictly complied with.

4. Storage, Distribution, Transport & Refrigeration (भंडारण और वहन)

   • Proper storage arrangements for packaged neera must be maintained.
   • Distribution and transportation facilities must be provided.
   • Refrigeration (if necessary) must be arranged.

5. Jurisdictional Restriction (अधिकार क्षेत्र सीमा)

   • The organization works in which district — neera can only be sold within the revenue division (Mahsul Vibhag) in which that district falls.
   • If the organization operates in multiple districts under different revenue divisions, separate sales permissions would be required for each revenue division.

6. Sample-4 License Requirement (नमूना-4 अनुज्ञप्ती)

   • At the location where neera is to be sold, a Form-4 (Sample-4) license must be obtained from the concerned District Collector (Zillhadhikari) of that district.

REFERENCED PRIOR GOVERNMENT RESOLUTIONS

1. GR No. NEE-1867/G.7941-III, dated 16 August 1969

   • Established distance restriction (10 miles) between neera production and sales location
   • This is the rule being exempted for the current licensee

2. GR No. MYS-0612/Pr.Sh.211/Rausu-3, dated 6 September 2014

   • Granted permission to:
     • Kalpatur Shira Utpadak Sahkari Sansta Mayadit, Malinagar, Ta. Malshiras, Dist. Solapur
     • Krushi Vigyan Kendra (Agricultural Science Centre), Baramati, Dist. Pune
   • Allowed these organizations to pack and experimentally sell neera on a trial basis, subject to conditions and within their respective revenue divisions

3. GR No. MYS-0612/Pr.Sh.211/Rausu-3, dated 21 October 2020

   • Extended the permission granted in the 2014 GR
   • Time extension: Until 31 December 2022 OR until a permanent regulation is notified, whichever is earlier
   • Applies to both Kalpatur and Krushi Vigyan Kendra organizations

4. 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)

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

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)

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

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

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

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

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.

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

END OF ANALYSIS