AMENDMENT SUMMARY — MAHARASHTRA eGAZETTE NOTIFICATION

Gazette Reference: GR No. 20100810144552001 | Date: 07-07-2010 | Published: Maharashtra eGazette, Part 4-B (Extra-Ordinary), Issue 33(2), Vol. 2
Department: Home Department (गृह विभाग), Ministry, Mumbai 400 032

AMENDMENT 1: Bombay Prohibition (Privilege Fees) Rules, 1954

Amended Rule: Rules 4, 5, and 6 (Substitution)
Type of Change: Substitution of existing rules / New fee structure
Authority: BPA Section 143(2)(u) and Section 143(3) proviso, Bombay Prohibition Act, 1949

What Changed: The gazette comprehensively rewrote the fee structure for privilege fees (transfer charges) applicable to liquor licenses under the Bombay Prohibition Act. Three core rules governing license transfers were substituted:

• Rule 4 (Transfer from one site to another): Introduced differentiated fees based on license type and municipal jurisdiction. For CL-1, PLL, and T licenses: 100% of grant/renewal fee. For CL-III, FL-II, FL-III licenses: 3× fee (Mumbai/Pune/major metros), 2× fee (other municipal corporations/councils), 100% fee (rural areas). For other licenses: 50% fee (all municipal areas), 20% fee (other areas). Exemption: No fees for premises affected by development schemes, gram sabha closure resolutions, or court orders.

• Rule 5 (Transfer from one name to another): Substituted with new multiplier system. CL-1, PLL, T licenses: 5× grant/renewal fee. CL-III, FL-II, FL-III licenses: 8× fee (metro areas), 5× fee (other municipal), 4× fee (rural). Other licenses: same as grant/renewal fee (100%).

• Rule 6 (Addition/Withdrawal of Partners): Introduced separate fee structures for partner changes. CL-1, PLL, T licenses: 4.5× fee for addition, 50% fee for withdrawal. CL-III, FL-II, FL-III licenses: 7.5× fee (metro), 4.5× fee (municipal), 3.5× fee (rural) for addition; 50% for withdrawal. Family member exception: 10% fee for spouse/children admission. Succession exemption: No fee on legal heir transfer post-licensee/partner death. Anti-evasion clause: If license illegally transferred via Nokarnama (deed of employment), privilege fee recoverable at 114% (100% + 14% interest) from Nokarnama date.

Key Details:

• Metro areas (fee multiplier highest): Mumbai, New Mumbai, Thane, Bhiwandi, Mira-Bhayander, Virar-Vasai, Kalyan-Dombivali, Pune
• Fee base: "Whichever is higher" among grant, renewal, or continuance fees
• Interest rate on illegal transfer evasion: 14% per annum
• Family defined: Husband, wife, children

Effective Date: From date of publication (07-07-2010)

AMENDMENT 2: Maharashtra Distillation of Spirit and Manufacture of Potable Liquor Rules, 1966

Amended Rules: After Rule 4-A and after Rule 16(1) — Three new rules inserted
Type of Change: Insertion of new permissive rules
Authority: BPA Section 143(2)(g), (k), (h)(vii) and Section 143(3) proviso

What Changed: Added procedural permission rules (not fee-fixing) to allow post-grant modifications for Form I and Form PLL licenses:

• Rule 4-B: State Government may permit addition or withdrawal of partners after Form I (PLL manufacturing) license is granted
• Rule 4-C: State Government may permit transfer of Form I license from one name to another post-grant
• Rule 4-D: State Government may permit transfer of Form I license from one site to another post-grant
• Rules 16-2, 16-3, 16-4 (after Rule 16-1): Identical permissions for Form PLL licenses

Practical Effect: These rules provide legal basis for allowing modifications to already-granted manufacturing licenses, removing uncertainty about post-grant amendments.

Effective Date: From date of publication (07-07-2010)

AMENDMENT 3: Bombay Foreign Liquor Rules, 1953

Amended Rule: After Rule 46 — Two new rules inserted
Type of Change: Insertion of new permissive rules
Authority: BPA Section 143(2)(g), (k), (h)(vii) and Section 143(3) proviso

What Changed: Added authority for Collector to permit post-grant modifications to Form FL-III licenses:

• Rule 46-A: Collector may permit transfer of FL-III license from one name to another post-grant
• Rule 46-B: Collector may permit transfer of FL-III license from one site to another within the same district post-grant

Key Detail: Site transfer restricted to intra-district transfers (same district only)

Effective Date: From date of publication (07-07-2010)

AMENDMENT 4: Maharashtra Country Liquor Rules, 1973

Amended Rule: After Rule 4 — Three new rules inserted
Type of Change: Insertion of new permissive rules
Authority: BPA Section 143(2)(g), (k), (h)(vii) and Section 143(3) proviso

What Changed: Added Commissioner's authority to permit post-grant modifications to Form CL-1 licenses:

• Rule 4-A: Commissioner may permit addition or withdrawal of partners after CL-1 license is granted
• Rule 4-B: Commissioner may permit transfer of CL-1 license from one name to another post-grant
• Rule 4-C: Commissioner may permit transfer of CL-1 license from one site to another post-grant

Effective Date: From date of publication (07-07-2010)

OVERALL SUMMARY

This extraordinary notification consolidated four major amendments across the licensing framework:

1. Privilege fee overhaul (Bombay Prohibition Rules 1954): Introduced metropolitan-area-based multipliers for all inter-license transfers and partner changes, with exemptions for public-interest closures and family successions.

2. Procedural enablement (Manufacturing and Country Liquor Rules): Legalized post-grant modifications (partner changes, name transfers, site transfers) under delegated authority of State Government/Collector/Commissioner.

All amendments took effect immediately upon gazette publication (07-07-2010) without prior public consultation, justified under BPA Section 143(3) proviso as requiring urgent implementation.