Amended Rule/Section: Rule 25, Sub-rule (4), Clause (d) of the Bombay Foreign Liquor Rules, 1953
Type of Change: Insertion — Addition of new sub-clause (vi) to Rule 25(4)(d)
What Changed:
The amendment introduces three new requirements governing the shifting (relocation) of FL-2 (Foreign Liquor Class II) licenses within residential or residential-and-commercial complexes registered as cooperative societies under the Maharashtra Co-operative Societies Act, 1963.
Previously, Rule 25(4)(d) did not explicitly require a no-objection certificate from residential/residential-and-commercial societies for FL-2 license shifts. The amendment now mandates such certification in specific scenarios and clarifies the annual compliance burden.
Key Details:
(A) Mandatory NOC for FL-2 Shifts in Registered Societies:
If an FL-2 license holder proposes to shift premises within a residential or residential-and-commercial complex that is registered as a cooperative society under Section 9 of the Maharashtra Co-operative Societies Act, 1963, obtaining a no-objection certificate (NOC) from that society becomes mandatory.
(B) NOC Required Even for Partial Occupancy:
The society's NOC is mandatory even when shifting to a residential or residential-and-commercial complex that holds only a partial occupancy certificate (not full occupancy).
(C) One-Time NOC, Not Annual:
Once an FL-2 license holder has obtained and shifted under a society's NOC, there is no requirement to obtain a fresh NOC annually. The compliance burden is one-time only.
Effective Date: Immediate (brought into force without previous publication under proviso to Section 143(3) of the Maharashtra Prohibition Act)
Authority: Section 143(2)(g) and (h-1) read with Section 143(3) proviso of the Maharashtra Prohibition Act, 1949 (Act XXV of 1949)