Gazette Reference: No. BWR-1121/C.R.187 (Part-1)/Excise-3, dated 31st March 2022 (Published in Maharashtra Government Gazette, Extra-Ordinary, Part 4-B)
Type: Draft Rule Amendment — Public Objections/Suggestions Invited
Authority: Section 143(2)(b) and Section 143(3) of the Maharashtra Prohibition Act, 1949 (BPA)
Amended Rule/Section: Special Permit and Licences Rules, 1952 — Insertion of New Rule 7 (after Rule 6), and new Forms E-3 and E-4 (after Form E-2)
Type of Change: Insertion / New Rule (Draft for Public Comment)
What Changed: The existing Special Permit and Licences Rules, 1952 had no provision for selling wine through a locked shelf or rack ("Shelf-in-Shop") within supermarkets or walk-in stores. The Maharashtra Cabinet approved this concept on 27 January 2022. This draft notification proposes insertion of a new Rule 7 to permit eligible supermarkets/walk-in stores to host a single locked wine shelf, from which wine in sealed bottles may be sold — but only to holders of FLX-C permits under Rule 70D of the Bombay Foreign Liquor Rules, 1953. The draft was published on 31 March 2022, and objections/suggestions were invited until 29 June 2022 (90-day window).
Key Details:
Eligibility of Premises (Supermarket/Walk-in Store):
- Minimum floor area: 100 sq. metres
- Must have self-service/walk-in facility
- Must be registered under Section 6 of the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017
Application Process:
- Apply in Form E-3 to the Superintendent, State Excise of the concerned district
- Application fee: ₹100 (via challan)
- Security deposit on grant: ₹1,000
- Licence fee: as prescribed by Commissioner, State Excise from time to time
- Licence granted in Form E-4
- Licence validity: from date of commencement up to 31st March of that financial year
Shelf/Rack Specifications:
- Only one rack/shelf per premises
- Maximum volume: 2.25 cubic metres
- Must be lockable whenever necessary
- Must be placed at the rear corner of the supermarket/walk-in store
- Must not be visible to passers-by from outside
- Must not be placed at or near the entrance/front side
Prohibited Distances (Disqualifying Locations):
| Proximity Restriction |
Municipal Corp / 'A' or 'B' Class Municipal Council |
Other Areas |
| Educational or Religious Institution |
Within 50 metres |
Within 100 metres |
| Statue of National Personality |
Within 50 metres |
Within 100 metres |
| MSRTC Bus Stand / Station / Depot |
Within 100 metres |
Within 100 metres |
- Distance measured from mid-point of shop entrance to nearest pedestrian-accessible point of the institution/statue/bus stand
- Grandfathering protection: If a licence (Form E-4) is already granted and thereafter a disqualifying institution/statue/bus stop comes into existence within the prohibited distance, the existing licence shall not be invalidated on that ground
Who Can Sell Wine:
- Only to persons holding FLX-C permit under Rule 70D, Bombay Foreign Liquor Rules, 1953
Sources of Wine Supply:
- Only from holders of:
- BRL (Winery) licence under Maharashtra Manufacture of Beer and Wine Rules, 1966; or
- Trade and Import licence (FL-I or FL/W-I) under the Bombay Foreign Liquor Rules, 1953
Prohibitions on Licensee:
- No other type of liquor to be kept or sold at the shelf
- No adulterated, deteriorated, or spurious liquor
- No board, sign, or advertisement soliciting wine sale — inside or outside the supermarket
- Separate cash memo book to be maintained for wine sales
- Accounts open to inspection under Section 122 of BPA
Other Conditions:
- Working hours and closure provisions of Rule 5, Sub-rule (10) apply mutatis mutandis
- Rules 5B and 5C of the Special Permit and Licences Rules apply mutatis mutandis
- Licence may be suspended/cancelled under Sections 54 and 56 of BPA
- On cancellation/suspension/non-renewal: unsold wine stock to be surrendered to Superintendent, State Excise; proceeds after deductions returned to licensee
- Licensee must report suspicious persons to nearest police officer on duty
New Forms Introduced:
- Form E-3 — Application form for wine shelf licence in supermarket/walk-in store
- Form E-4 — Licence form for wine sale through single rack/shelf in supermarket/walk-in store
Definitions (for Rule 7):
- Educational Institution: Pre-primary, primary, secondary school managed/recognised by local authority/State/Central Government, or college affiliated to a university established by law. Excludes private coaching institutions.
- Religious Institution: Institution for promotion of religion — includes temple, math, mosque, church, synagogue, agiary, or other public religious worship place managed/owned by a public trust registered under Maharashtra Public Trusts Act, 1950; or such other institutions as State Government may specify.
- Statue of National Personality: Any government-recognised statue of a national personality as specified in the Schedule appended to these rules.
Objections/Suggestions:
- To be sent by post or email to: Commissioner, State Excise, Maharashtra State, 2nd Floor, Old Custom House, Shahid Bhagatsingh Marg, Fort, Mumbai 400 023
- Email: dycomm-inspection@mah.gov.in
- Deadline: 29 June 2022
- A nodal/coordination officer to be designated in the Commissioner's office to handle received objections
Effective Date: Draft stage as of 31 March 2022; to be considered by Government after 29 June 2022 (final rules to be notified separately after consideration of objections)
Authority: Section 143(2)(b) and Section 143(3), Maharashtra Prohibition Act, 1949