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Rule (4) No Licence under sub rule (1) shall
be granted in respect of any Shop (a) which, in the opinion of the collector of
officer authorized by him in this behalf, in writing is not adequate for storing
the required stock and for selling it
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(b) which, if situated areas within the
jurisdictions of any municipal corporation or A class or B class Municipal council,
is within the distance of fifty meters and , if situated elsewhere, one hundred
meters from any educational or religious institution or
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(c) which is situated within the distance
of fifty meters from any bus stand, station or deport of the Mahrashtra State
Road Transport Corporation or
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(d) which is not duly approved by the Collector
or the officer authorized by him in this behalf and is not, for reasons to be recorded
in writing, certified by him to be otherwise suitable also for locating the shop
before the grant of licence
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Provided that nothing contained in the sub-rule
shall apply in respect of an existing shop for which the licensee holds a
valid licence in Form FL-II immediately before coming into force of the The Bombay
Foreign Liquor (Amendment) Rules 1981
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Explanation :- For the purpose of this sub-rule
:
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(i) "educational institution"
means any pre-primary, or secondary school managed or recognized by any local authority
or the State Government or the Central Government and any college affiliated to
any University established by law, but does not include any private coaching institution:
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(ii) "religious institution" means
an institution for the promotion of any religious and include a temple, math, mosque,
church, synagogue, agiary or other place of public religious workship which is managed
or owned by a public trust registered under the Bombay Public Trust Act, 1950 [Bom
xx/x of 1950] and included such other religious institution as the State Government
may by order specify in this behalf;
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(iii) The distance referred to in clause
(a) of this sub-rule shall be measured from the mid-point of the entrance of the
hotel or restaurant along with the nearest path by which the pedestrian ordinarily
reaches,-
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(a) the mid-point of nearest gate of the
institution of there is a compound wall and if there is no compound wall, the midpoint
of the nearest entrance of the institution, or
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(b) the midpoint of the gate of the bus
stand, station or depot of the depot of the Mahrashtra State Road Transport Corporation
if there is a compound wall and if there is no compound wall, the nearest point
of the boundary of such, station or depot, or
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(c) the boundary of the national or state
highway."
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