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:
Effective Date: From date of publication (24th June 2025)
Authority: Section 143(2)(i) read with Section 143(3) proviso of the Maharashtra Prohibition Act, 1949
Amended Rule/Section: Rule 5-B and new Rule 5-C of the Bombay Prohibition (Privileges Fees) Rules, 1954
Type of Change: Fee Revision / Substitution / New Insertion
What Changed:
The notification revises privilege fees applicable to FL-III licensees and introduces a new fee structure for operation of licenses through authorized agents. Rule 5-B's existing privilege fee rate is reduced from 50% to 15% of the applicable license fee. This represents a significant reduction in the annual privilege fee burden on FL-III licensees exercising existing privileges. Simultaneously, a new Rule 5-C is inserted establishing a separate annual fee mechanism for licensees who choose to operate their business through an authorized agent under an agreement. This new agent-operation fee is set at 10 per cent of the applicable license fee per annum. The provision clarifies that this 10% annual fee applies specifically to FL-III licensees in Form F.L. III who arrange for business operation by an agent following prior approval by the licensing authority. The fee structure incentivizes agent-based operations (10% annually) while significantly reducing the standalone privilege fee (from 50% to 15%), creating a two-tier fee regime depending on the operational model chosen by the licensee.
Key Details:
Effective Date: From date of publication (24th June 2025)
Authority: Section 143(2)(u) read with Section 143(3) proviso of the Maharashtra Prohibition Act, 1949
Both amendments are issued under the same Notification No. MIS.0425/C.R.82/Exc-2 but address two separate rule sets: (1) Bombay Foreign Liquor Rules, 1953 and (2) Bombay Prohibition (Privileges Fees) Rules, 1954. The amendments are coordinated and must be read together—the agent-operation framework in the Foreign Liquor Rules is operationalized by the fee structure in the Privileges Fees Rules. Both amendments were promulgated without previous public notification under the proviso to Section 143(3) of the Maharashtra Prohibition Act, citing urgency. The amendments are effective immediately upon publication in the Maharashtra eGazette on 24th June 2025.