SUMMARY OF MAHARASHTRA TODDY SHOPS (LICENSING) AND TODDY TREES (TAPPING) RULES, 1968

This document is a consolidation of the Maharashtra Toddy Shops (Licensing) and Toddy Trees (Tapping) Rules, 1968, as originally notified on 17th October 1968, along with 28 subsequent amendments made between 1969 and 2022. This is not a single amendment gazette but rather a compiled version of the rules showing the legislative history.

KEY AMENDMENTS INCORPORATED (1969–2022)

Amendment 1 (2-8-1969):

• Deleted clause (13) from the power-granting provision under Section 143(2).

Amendment 21 (16-3-1988):

• Introduced ₹1,000 fee for transit centre permits (Form A) under Rule 15A(3).

Amendment 24 (4-6-2001):

• Replaced "Auction Order" references with "Auction-cum-Tender Order" throughout, aligning with new licensing methodology.
• Defined "bid" to include tenders.

Amendment 27 (25-2-2015):

• Distance restrictions expanded: Added prohibition on locating toddy shops within specified distances of statues of national personalities [Rule 4(2)(b)].
• Shops must be at least 50 meters (urban areas) or 100 meters (rural areas) from statues with compound walls, or from the nearest foundation point if no wall exists.
• Mandatory closure of shops on 2nd October (Gandhi Jayanti) annually [Rule 5A].
• Added Schedule-I: List of 12 national personalities (Mahatma Phule, Tilak, Gandhi, Nehru, Ambedkar, Vinoba Bhave, Tukdoji Maharaj, Savarkar, Ramanand Teerth, Indira Gandhi, Shivaji Maharaj, Subhash Chandra Bose).

Amendment 28 (8-4-2022):

• Name restrictions on shops: Prohibits licensing/renewing shops bearing names of:
  • National personalities (Schedule-I list expanded to 56 names).
  • Protected monument forts (Schedule-II: 54 forts listed, including Daulatabad, Raigad, Sindhudurga, Pratapgad, etc.).
• Added Schedule-II: Forts declared protected under Ancient Monuments Preservation Act, 1904 and Maharashtra Ancient Monuments Act, 1960.

RULE STRUCTURE (CONSOLIDATED)

Part I — Preliminary (Rules 1–2)

• Scope: Applies to entire Maharashtra except tribal areas (Chandrapur, Amravati, Thane, Nashik, Dhule districts — Schedule appended).
• Definitions: Toddy = fermented juice (≤5% alcohol by volume) from coconut, brab, date, or palm trees.

Part II — Licensing (Rules 3–8)

• Grant: Requires acceptance of auction/tender bid, execution of counter-part agreement (Form TD-2) within 15 days.
• Shop requirements: Minimum 9 sqm area; must obtain Collector's approval for location.
• Distance restrictions (non-exemptible):
  • 50m/100m from educational/religious institutions (urban/rural).
  • 100m from MSRTC bus stands/depots.
  • As above from national personality statues (added 2015).
• Duration: September 1 to August 31 annually.

Part III — Tapping Regulations (Rules 9–15A)

• Duty payment mandatory before tapping.
• Tapping limits: Date/wild palm trees (Khajuri/Shendi) limited to 4 months/year; 3-year rest period thereafter.
• Transport: Toddy must move from tapping site to shop under Form TD-3 pass (12-hour validity).
• Transit centres: Multi-shop licensees may store/bottle at approved centres under Form A permit (₹1,000 fee); transport to shops via Form TD-3A.

Part IV — Shop Operations (Rules 16–32)

• Hours: 7 AM to 10 PM (changed from 9 PM in 1972 amendment).
• Closures:
  • Mandatory: 2nd October, election days (48 hours before poll closure + counting day).
  • Discretionary: Collector may order closures for public interest/riots (no compensation).
• Sale restrictions: Only for on-premises consumption; exceptions for distilleries (Form TD-3B pass).
• Age limit: No sale to persons under 21.
• Employees: Must execute Nokarnama (Form TD-7); prohibited categories include minors, insane persons, convicted criminals.

SCHEDULES

Schedule (Tribal Areas):

Excluded regions in 5 districts (e.g., Melghat Tahsil in Amravati, Mokhada/Talasari in Thane).

Schedule-I (National Personalities — 2015/2022):

Originally 12 names (2015), expanded to 56 (2022), including Shivaji Maharaj, Ambedkar, Gandhi, Nehru, Tilak, Savarkar, Vajpayee, Manmohan Singh, sitting President/PM.

Schedule-II (Protected Forts — 2022):

54 forts including Raigad, Sindhudurga, Daulatabad, Panhala, Lohagad, Pratapgad, Shivneri, Arnala.

AUTHORITY

Rules made under Section 143(2) of Bombay Prohibition Act, 1949 (Bom. XXV of 1949) — clauses (d)–(u) — covering licensing, tapping, transport, shop operations, and duty collection.

Note: This gazette is a historical compilation, not a single amendment. The 2015 and 2022 amendments introduced the most significant social/cultural restrictions (statue proximity, name prohibitions) in recent decades.