Prescribing licence for the sale of rotten Gur or/and rotten dates. Cancelled by G.O.,H.D. No. BPA 1062/9842-III dated 25th July 1962 (M.G., Pt. IV-B, p. 2580)

Amended Rule/Section: Government Order under Section 139(1) & (2), Bombay Prohibition Act, 1949

Type of Change: Supersession and New Notification — "Bombay Prohibition (Closure of Licence on Resolution by Gram Sabha or Representation by Voters in the Ward of Municipal Council/Corporation) Order, 2008" (dated 25th March 2008), subsequently amended by G.O. dated 12th February 2009

What Changed:

This notification establishes a comprehensive mechanism for community-driven closure of liquor shops through democratic processes. It replaces the earlier 2003 order and prescribes two distinct pathways:

1. Rural Areas (Gram Sabha Resolution): A liquor shop in a village can be closed if ≥50% of voters (or women voters) present in a Gram Sabha pass a simple majority resolution. The Gram Sabha must be conducted with video recording in the presence of the Block Development Officer and State Excise Inspector, with voter photo ID verification.

2. Urban Areas (Municipal Council/Corporation Wards) & Alternative Rural Process: If ≥25% of women voters or total voters in a ward/village submit a written representation to the Superintendent of State Excise demanding closure, a secret ballot election must be conducted. If >50% vote for closure, the Collector must order the shop's closure.

Key Details:

• Applicable Licenses: CL-III (country liquor retail), FL-II (foreign liquor retail), FL-III (permit room), and Form E (beer bar)
• Moratorium: Once a resolution/election is held (regardless of outcome), no further action for closure can be initiated for at least one year
• Timeline: Collector must complete action within 3 months of receiving resolution/representation (extension requires Commissioner's approval)
• Voting Process (Secret Ballot):
  • Conducted under supervision of Tahsildar (rural) or Chief Officer/Deputy Commissioner (urban)
  • Voting hours: 8:00 AM to 2:00 PM
  • Counting: Starts 4:00 PM same day
  • Inspector of State Excise and licensee representative must be present
  • Advance notice: Minimum 7 days before polling date
• 2009 Amendment: Inserted clause 3(A) adding the secret ballot alternative for villages (previously only available for urban wards)
• Specimen Ballot Paper Format: Provided with two options — "Licence to be continue" / "Licence not to be continue"

Effective Date: 25th March 2008 (with amendments effective 12th February 2009)

Authority: Section 139(1) read with Section 139(2), Bombay Prohibition Act, 1949

Note: The gazette also references cancellation of an earlier 1950 notification (G.N.R.D. No. 3469/49) concerning rotten gur/dates licenses, cancelled in 1962, which is superseded by this modern framework.