Gazette Reference: The Bombay Mhowra Flowers Rules, 1950 and related notifications (Original G.N., R.D., No. 5735/49 (a), dated 22nd June 1950; multiple amendments through 2021)
Type: Rule Compilation with Multiple Amendments — Non-Fee Regulatory Framework
Authority: Section 143 of the Maharashtra Prohibition Act, 1949 (formerly Bombay Prohibition Act, 1949)
Summary: This gazette consolidates the regulatory framework governing mhowra (mahua) flowers — used for distillation, food, fodder, and medicinal purposes — through licensing, transport passes, and record-keeping requirements. It reflects amendments made between 1950–2021, including significant modernization of permit requirements.
KEY COMPONENTS OF THE MHOWRA FLOWERS REGULATORY REGIME
1. Licensing Framework (Rules 3–7)
Two License Types Established:
A. Form M.F.-I — Possession License:
- For use in distillation, industrial, scientific, agricultural, educational, medicinal, or domestic (food/fodder) purposes
- Collector fixes maximum quantity permitted (yearly or at any one time)
- Applicant must specify:
- Name, address, storage premises
- Quantity required per year (distillers) or per month (others)
- Intended use(s)
B. Form M.F.-II — Sale License:
- For traders, mhowra tree owners, or recognized bodies
- Applicant must specify:
- Storage premises
- Total stock for sale during license period
- Category (trader/tree owner/recognized body)
Common Features:
- Application fee: ₹10 per application (amended 1982)
- License period: 1 April – 31 March (annual); renewable yearly
- Mid-year first-time grants permitted
- Shorter periods allowed at Collector's discretion
- License fee structure (Rule 5(2), amended 2021):
| License Type |
Quantity/Purpose |
Fee (₹) |
| Possession for Distillation |
≤1,000 quintals/year |
5,000 |
|
1,001–5,000 quintals |
15,000 |
|
>5,000 quintals |
25,000 |
| Possession for Industrial Use |
Factory/other industrial |
1,000 |
| Possession for Scientific/Agricultural/Educational/Medicinal Use |
— |
1,000 |
| Possession for Domestic Use |
Food/fodder |
500 |
| Sale by Private Persons |
≤500 quintals |
10,000 |
| Sale by Recognized Body |
≤500 quintals |
10,000 |
|
>500 quintals |
10,000 + ₹5 per excess quintal |
2. Permit System Simplification (2021 Amendment)
Amended Rule/Section: Rules 8, 11, 14 (deleted by G.N. dated 3rd May 2021)
Type of Change: Omission of permit requirements
What Changed:
- Previous regime (pre-2021): Separate permits required for:
- Collection of mhowra flowers (Rule 8 — deleted)
- Purchase of mhowra flowers (Rule 11 — deleted)
- Transport of mhowra flowers (Rule 14 — deleted)
- New regime (2021 onwards): No permits required for collection, purchase, or transport
- Effect: Streamlined regulatory burden; only import/export passes now mandatory
Forms Deleted: M.F.-III, M.F.-IV, M.F.-V (previously used for collection/purchase/transport permits)
3. Import and Export Pass Requirements (Rules 16–21)
Retained Under Current Rules:
A. Import Pass (Form M.F.-VI, Rule 18):
- Required for importing mhowra flowers into Maharashtra
- Exception: Not needed if quantity ≤5 kg (BPA section 60 limit) and for bona fide scientific/agricultural/educational/medicinal/domestic use
- Application must include:
- Name/address, license number, quantity, route, source, purpose
- Fee: ₹10 (amended 1988)
- Special Restriction (1997 Order): Import passes require prior approval from Commissioner of State Excise before Collector may issue
B. Export Pass (Form M.F.-VII, Rule 21):
- Required for exporting mhowra flowers from Maharashtra
- Must attach import authorization/no-objection certificate from receiving state
- Application must include:
- License/permit number, quantity, route, destination, recipient
- Fee: ₹10 (amended 1988)
Pass Structure:
- Four-part forms:
- Part I: Retained by issuing officer
- Part II: Sent to supplier/exporter
- Part III: Sent to receiving/exporting area's excise authority
- Part IV: Accompanies consignment
4. Accounts and Record-Keeping (Rule 7-A, added 1963)
Amended Rule/Section: Rule 7-A inserted by G.N. dated 13th May 1963
Type of Change: Insertion of mandatory record-keeping
Possession License Holders (M.F.-I):
- Daily accounts: Form M.F.-A (receipts, collections, purchases, imports, usage, balance)
- Monthly returns: Form M.F.-B to Prohibition & Excise Officer (due by 5th of following month)
Sale License Holders (M.F.-II):
- Daily accounts: Form M.F.-C (receipts, sales within Maharashtra, sales outside Maharashtra, exports)
- Monthly returns: Form M.F.-D to Prohibition & Excise Officer (due by 5th of following month)
Books: Must be paged and sealed by Collector/Mamlatdar/Tahsildar/Mahalkari/authorized officer
5. License Shifting (Rule 7-B, added 2021)
Amended Rule/Section: Rule 7-B inserted by G.N. dated 3rd May 2021
Type of Change: New provision for intra-district shifting
What Changed:
- License holders (possession or sale) may shift premises within the same district with approval of Collector or authorized officer
- Previous rules did not explicitly permit shifting; now regularized
6. Exemptions and Tribal Area Provisions
A. General Exemption (Rule 22):
- Persons transporting/possessing ≤5 kg mhowra flowers for bona fide scientific/agricultural/educational/medicinal/domestic purposes do not require any license, permit, or pass
B. Tribal Area Exemption (Bombay Prohibition (Mhowra Flowers) (Prescribed Limit in Weight) Rules, 1963):
Amended Rule/Section: Proviso to Rule 2 (amended 1981, substituted 2018)
Type of Change: Substitution expanding tribal exemption
What Changed:
- Pre-1981: 5 kg limit applied universally
- Post-1981/2018 amendment: No quantity limit for tribals in specified scheduled areas (see table below) who distill/brew traditional drinks (Bevada, Gawthi daru, Horo, Siddu, etc.) from mhowra flowers for personal/social purposes, not commercial
- Exemption covers:
- Collection, transport, sale, purchase, possession of any quantity of mhowra flowers
- Distillation/brewing of traditional liquor
Scheduled Tribal Areas (as per 2018 amendment):
| District |
Talukas/Areas Covered |
Traditional Drinks |
| Thane |
Mokhada, Talasari (excl. Borigaon Terf Deheri), Jawhar (excl. municipal/certain villages), Surgana (excl. Surgana), Peint (excl. Peint village panchayat) |
Bevada/Rasi (from mhowra + dried mosambi skins) |
| Nashik |
Nawapur, Taloda (excl. municipal/certain villages), Akkalkuwa, Akrani (excl. certain villages) |
Gawthi daru (from mhowra) |
| Dhule |
(Scheduled areas) |
Horo (from mhowra) |
| Amravati |
Melghat Taluka (excl. Dharni/Chikhaldara Municipal Councils + long list of villages) |
Siddu liquor (from mhowra) |
| Chandrapur |
Sironcha Taluka (scheduled areas, excl. long list of villages), Gadchiroli Taluka (scheduled areas, excl. long list of villages) |
Mhowra, Shindi, Toddy, Goraga liquors (from mhowra/Shindi/Toddy/Goraga trees) |
7. Seasonal Collection Exemption (G.N. dated 13th May 1976, amended 1980/1981)
Amended Rule/Section: First proviso to section 60(2) BPA
Type of Change: Seasonal notification (rescinded/reissued periodically)
What Changed:
- No license/permit/pass required for mhowra flowers that are:
- Produce of the current year
- Collected within specified districts during specified periods
Exemption Periods (1976–1981 version):
- Dhule, Jalgaon, Nasik (Baglan/Kalwan/Peint/Surgana), Kulaba (Sudhagad/Karjat), Aurangabad, Nanded, Parbhani, Osmanabad (Udgir/Ahmadpur), Nagpur (excl. Ramtek/Umrer), Akola, Buldhana, Amravati (excl. Melghat), Yavatmal (excl. Yavatmal/Wani/Kelapur): 1 March – 31 May
- Melghat, Bhandara, Chandrapur, Nagpur (Ramtek/Umrer), Yavatmal (certain talukas): 16 February – 30 September
- Thana District (added 1980): 15 March – 30 April (extended to 30 June 1981 for 1981 only)
8. License Conditions (Forms M.F.-I and M.F.-II)
Key Restrictions:
- Mhowra flowers may only be stored at licensed premises
- Sale license holders cannot sell to unlicensed persons (within Maharashtra) or without export authorization (outside Maharashtra)
- Sale hours: 6 AM – 6 PM (standard time) unless Collector permits otherwise
- "Visit Book" must be maintained for officer inspections
- Signboard displaying license details mandatory for sale shops
- Nokarnam (agent authorization) required for servants/agents; fee prescribed by Commissioner; must be countersigned by Prohibition Officer (sub-inspector or above); agents must be ≥21 years old
- Premises/accounts/receptacles open to inspection by Commissioner, Collector, or authorized officers at all times
No Rights to Renewal:
- License holders have no claim to renewal upon expiry
- Heirs/assignees may be permitted to continue for unexpired term at Collector's discretion
Suspension/Cancellation: Under BPA sections 54 (general grounds) or 56 (specific violations)
9. Import Approval Requirement (1997 Order)
Amended Rule/Section: G.O. H.D. No. MFL 1196-14-Exc-3, dated 27th August 1997
Type of Change: New administrative directive under BPA section 139(1)(b)
What Changed:
- Pre-1997: Collectors could issue import passes (Form M.F.-VI) independently
- Post-1997: Collectors must obtain prior approval from Commissioner of State Excise before issuing any import pass
- Effect: Centralized control over inter-state mhowra flower imports
Effective Date: 27 August 1997
SUMMARY OF REGULATORY EVOLUTION
-
1950–1963: Original framework established licensing, permits for collection/purchase/transport, and import/export passes
-
1963: Mandatory accounts (Forms M.F.-A to M.F.-D) and monthly returns added
-
1976–1981: Seasonal collection exemptions notified for specified districts/periods
-
1981–2018: Tribal area exemption expanded (no quantity limit for traditional distillation, non-commercial)
-
1988: License and pass fees revised (₹10 application fee; ₹10 import/export pass fees)
-
1997: Import passes require Commissioner's prior approval
-
2021: Major simplification — permits for collection, purchase, and transport deleted; only import/export passes remain mandatory (plus ≤5 kg general exemption)
Current Status: The framework now emphasizes:
- Annual licensing for possession/sale
- Simplified record-keeping (monthly returns)
- Inter-state movement controls (import/export passes with Commissioner approval for imports)
- Generous exemptions for tribals (no limits for traditional use) and small quantities (≤5 kg)
- Seasonal collection windows (though notification may have expired/been superseded)