Maharashtra eGazette Notification Analysis
Note: The provided text is NOT a Maharashtra eGazette notification. It consists of pages from a compiled/consolidated version of the Bombay Prohibition Act, 1949 itself, along with various historical orders, rules, and notifications already incorporated into the main Act text. This appears to be pages 182-205 from an official consolidation of the BPA.
The title referencing "The Maharashtra NDPS Rules, 1985" is incorrect/misleading — the actual content pertains to the Bombay Prohibition Act, 1949 and subordinate toddy-related rules and orders.
Contents Summary
Since this is not a new amendment gazette, below is a summary of the historical regulations contained in these pages:
A. Geographic Schedules (Pages 182-183)
Lists scheduled tribal areas in districts where special toddy regulations apply (Chandrapur, Amravati, Thane, Nashik, Dhule) — territories where normal prohibition provisions are modified.
B. Maharashtra Toddy Shops (Grant of Licences by Auction or Tender) Order, 2001
Original: G.O. H.D. No. TOD. 1101/CR 5/EXC-3, dated 4 June 2001
Amended: G.N. H.D. TOD. 1108/CR-I/EXC-3, dated 9 August 2010
Key Provisions:
- Clause 3(2): Toddy licenses granted for one toddy year (Sept 1 – Aug 31), renewable for up to 4 consecutive years
- Clause 3(2A) [Added 2010]: Renewal fees for 2010-11 equal to previous year; subsequent years increase by up to 6% annually
- Auction Procedure: Dual auction-cum-tender system allowing both public bids and sealed tenders
- Eligibility Restrictions (Clause 7):
- Defaulters of excise revenue barred unless arrears cleared before auction
- Persons convicted under NDPS Act, Drugs & Cosmetics Act, IPC fraud sections (482-489) may be refused bidding rights
- CL-III license holders (country liquor retail) cannot bid for toddy licenses
C. Government Notifications (Historical)
1. G.N. No. TOD. 1295/26/(1) EXC-3, dated 8 August 1995
(Rescinded by G.N. dated 4 June 2001)
- Exempted existing TD-1 licensees from auction for 4 consecutive renewals if they paid 6% annual escalation
2. G.N. No. TOD. 1295/26(2)/Exc-3, dated 8 August 1995
- Duty Remission: Completely waives toddy tree duty for Form TD-5 permit holders (institutions/non-commercial use)
3. G.N. R&F Dept. No. EAR. 1068/84132-N, dated 12 November 1968
Toddy Tree Duty Rates:
- ₹40 per coconut/palmyra/brab tree (per toddy year)
- ₹20 per date/wild palm tree (per toddy year)
- Does NOT apply to neera licenses or domestic consumption in Chandrapur outskill areas
4. G.N. H.D. No. TOD. 1069-6817-III, dated 5 April 1969
- Delegates Section 28 transport pass powers to toddy retail licensees (Form TD-3 issuance from tapping sites to shops)
5. G.N. H.D. No. TOD. 1068-C-1126-III, dated 14 November 1968
Exemptions under Section 25 of BPA:
- Persons ≥21 years may buy/transport/consume toddy (≤5% alcohol) up to 3 litres at a time from licensed shops
6. G. Notice H.D. No. FLR. 2274/5-III, dated 12 November 1974
- Mandates closure of Pandharpur toddy shops during Ashadhi Ekadashi and Kartiki Ekadashi festivals (3 days each)
D. Maharashtra Toddy Shops (Licensing in Tribal Areas) Rules, 1981
G.N. H.D. No. TOD 6279/PRO-3, dated 3 February 1981
Key Features:
- Exclusive Application: Only tribals or tribal cooperative societies can obtain retail toddy licenses in scheduled tribal areas
- License Fees (Rule 5(3)):
- Population ≤1,000: ₹500
- Population 1,001–2,500: ₹1,000
- Population 2,501–5,000: ₹2,000
- Population >5,000: ₹3,000
Shop Location Restrictions (Rule 5(6)):