AMENDMENT SUMMARY

AMENDMENT 1

Amended Rule/Section: Rule 46-B and Rule 58 of the Bombay Foreign Liquor Rules, 1953; Form FL-III (Condition No. 9)

Type of Change: New Insertion / Amendment / Substitution

What Changed: This amendment introduces a new regulatory framework permitting FL-III (Foreign Liquor) licensees to conduct business through an authorized agent or representative. Previously, FL-III licenses were restricted to personal operation by the licensee alone. Under the new Rule 46-C, an FL-III licensee may now "carry on his business under the licence, by making an agreement with any person being his agent with the previous sanction of the licensing authority, on payment of fees prescribed under the Bombay Prohibition (Privileges Fees) Rules, 1954." Critically, the agreement must comply with all state regulations and orders, and the agent receives no legal status of a partner or a licensee—they function purely as an operational representative. To enforce accountability, Rule 58 is amended to bind both the licensee and agent jointly to all license conditions and legal provisions. Form FL-III Condition No. 9 is simultaneously amended to reflect that both the licensee and agent (if any) are jointly responsible for compliance.

Key Details:

• New Rule 46-C permits FL-III licensees to authorize agents to conduct business
• Agent appointment requires prior sanction from the licensing authority
• Agent has no partnership status or legal claim to the license
• Agent must pay prescribed privilege fees under Bombay Prohibition (Privileges Fees) Rules, 1954
• Rule 58 amended to impose joint compliance obligations on licensee and agent
• Form FL-III Condition No. 9 updated from "licensee" to "the licensee and the Agent of the said licence if any, both"

Effective Date: 24th June, 2025 (from date of publication — brought into force immediately without prior publication under Section 143(3) proviso)

Authority: Section 143(2)(i) read with proviso to Section 143(3) of Maharashtra Prohibition Act, 1949

AMENDMENT 2

Amended Rule/Section: Rule 5-B and Rule 5-C of the Bombay Prohibition (Privileges Fees) Rules, 1954

Type of Change: Fee Revision / New Insertion

What Changed: This amendment reduces the privilege fee discount applicable to FL-III licensees and introduces a new annual fee for agent-based business arrangements. Rule 5-B originally prescribed a 50 per cent reduction on privilege fees; this has been reduced to 15 per cent—a significant hardening of the fee structure, increasing the effective tax burden on FL-III licensees by 35 percentage points. Simultaneously, new Rule 5-C introduces an entirely new annual fee of 10 per cent of the applicable licence fee payable by any FL-III licensee who chooses to operate through an agent under an agreement. This new fee applies to the privilege of "having the agreement for conducting business of his licence in Form F.L. III granted under Maharashtra Foreign Liquor, 1953" with prior approval of the licensing authority. The new fee is levied annually and represents an additional recurring cost for licensees utilizing the agent arrangement mechanism.

Key Details:

• Rule 5-B: Privilege fee discount reduced from 50% to 15%
• New Rule 5-C: Annual agent authorization fee = 10% of applicable license fee
• New fee applies to FL-III licenses operated through authorized agents only
• Fee is recurring (levied annually) and payable alongside privilege fees
• Applies only where agreement with agent is approved by licensing authority
• Affects FL-III licensees exclusively

Effective Date: 24th June, 2025 (from date of publication — brought into force immediately without prior publication under Section 143(3) proviso)

Authority: Section 143(2)(u) read with proviso to Section 143(3) of Maharashtra Prohibition Act, 1949

PROCEDURAL NOTES

Both amendments are issued under Notification No. MIS-0425/C.R.82/Exc-2, dated 24th June, 2025, from the Home Department (Central Section). Both were brought into force without previous publication by invoking the emergency proviso under Section 143(3) of the Maharashtra Prohibition Act, 1949. The amendments collectively establish a legal framework permitting FL-III licensees to delegate operational control to agents while maintaining strict state oversight, with corresponding fee adjustments that increase the financial obligations on licensees utilizing this arrangement.