The Maharashtra Toddy Shops (Grant Of Licences By Auction Or Tender) Order, 2001

Gazette Reference: Government Order No. TOD. 1101/CR 5/EXC-3, dated 4th June 2001 (as amended by G.N. H.D. TOD., 1108/CR-I/EXC-3, dated 9th August 2010)

Type of Change: Supersession and New Notification (with subsequent amendment)

Authority: Section 139(1), clauses (k), (l), (m) of the Bombay Prohibition Act, 1949

AMENDMENT 1: Original Order (2001) - Supersession and New Procedure

Amended Rule/Section: The Maharashtra Toddy Shops (Grant of Licences by Auction or Tender) Order, 1968

Type of Change: Complete Supersession — New Order issued

What Changed:
The 1968 Order governing auction procedures for toddy shop licenses was entirely superseded by a new 2001 Order establishing an "Auction-cum-Tender" system. The old order provided for separate auction or tender processes; the new order creates a hybrid system where both sealed tenders and open bids are invited simultaneously for the same license. Key procedural changes include: mandatory solvency certificates before bidding, stricter disqualification criteria (including defaulters, persons convicted under various acts), requirement for 1/10th earnest money with tenders, and detailed provisions for grouped shop auctions. The new order standardizes the toddy licensing year (1 September to 31 August) and payment terms.

Key Details:

• License period: One toddy year (1 Sept – 31 Aug), renewable yearly up to maximum 4 years
• Auction procedure: Collector acts as Licensing Authority; sealed tenders submitted before auction; public bidding follows; highest offer (bid or tender) accepted
• Disqualifications: Holders of CL-III licenses, excise defaulters (unless arrears cleared before auction with penal interest under Section 114), persons convicted under BPA, narcotics, customs, IPC fraud sections (482-489)
• Payment terms: ¼ of bid amount due immediately (or next working day); balance in 6 equal monthly instalments starting 5th October; late payment attracts Section 114 interest
• Security deposit: One monthly instalment amount required before license commencement
• Earnest money: Tenders must include 1/10th bid amount (cash or demand draft); unsuccessful tenderers get refund
• Hall ticket: ₹1,000 deposit required to enter auction venue
• Bid increments: Multiples of ₹100 up to ₹10,000; ₹500 thereafter
• Grouped shops: Individual shops auctioned first, then group; higher aggregate amount accepted

Effective Date: 4th June 2001 (date of original G.O.)

AMENDMENT 2: Renewal Fee Revision (2010)

Amended Rule/Section: Clause 3(2), 3(2A), 3(2B) of the Maharashtra Toddy Shops (Grant of Licences by Auction or Tender) Order, 2001

Type of Change: Substitution and Insertion

What Changed:
The 2010 amendment substituted the original renewal provisions and inserted new clauses establishing an automatic annual fee escalation mechanism. Previously, clause 3(2) simply stated licenses could be renewed yearly for up to four years without specifying renewal fees. The new provisions freeze renewal fees for 2010-11 at 2009-10 levels, then mandate 6% annual increases for subsequent years (subject to government notification). A new deadline requiring renewal completion before 1st September was added.

Key Details:

• 2010-11 renewal fees: Frozen at previous year (2009-10) levels
• Subsequent years: Up to 6% annual increase over previous year's fees (as notified by Government)
• Renewal deadline: Must be completed before 1st September each year
• Substitution scope: Entire clause 3(2) replaced; new sub-clauses 3(2A) and 3(2B) inserted

Effective Date: 9th August 2010 (date of G.N. H.D. TOD., 1108/CR-I/EXC-3)

Note: This notification does NOT contain fee tables/schedules. It establishes procedural rules for granting toddy licenses through auction-cum-tender, including renewal fee escalation principles but not actual fee amounts per license type. The 6% cap applies to whatever fees existed for 2009-10 (referenced but not detailed here).