Amended Rule/Section: Rule 46-B, Rule 46-C (new), and Rule 58 of the Bombay Foreign Liquor Rules, 1953; also Form F.L. III, Condition No. 9
Type of Change: New Insertion / Substitution / Amendment
What Changed:
The notification introduces a significant structural change permitting FL-III (Foreign Liquor Retail) licenseholders to operate their business through an authorized agent under an agreement, subject to licensing authority approval and payment of prescribed fees. Previously, FL-III licensees were required to personally conduct business. The amendment adds a new Rule 46-C allowing FL-III licensees to engage any person as their agent to conduct business on their behalf, provided the agent obtains prior sanction from the licensing authority and the fees specified under the Bombay Prohibition (Privileges Fees) Rules, 1954 are paid. Critically, the agreement mechanism does not confer partnership status or legal standing of a licensee upon the agent—the agent remains subordinate to the licensee and bound by all conditions and statutory requirements. A corresponding proviso is inserted in Rule 58 making both the licensee and the authorized agent jointly and severally responsible for compliance with license conditions, statutory provisions, and all applicable rules and orders. Form F.L. III's Condition No. 9 is amended to explicitly reference both the licensee and any authorized agent as parties bound by its terms.
Key Details: