MAHARASHTRA EXCISE DEPARTMENT — GOVERNMENT RESOLUTION ANALYSIS

Document Type: Government Resolution (शासन निर्णय)

Reference Number: EST-1216/प्र.क्र.135/राउशु-1 (EST-1216/Proc.135/RAUSHEE-1)

Issued By: Government of Maharashtra, Home Department (गृह विभाग)

Date of Issue: 16 September 2016 (16 सप्टेंबर, 2016)

Effective Date: From date of publication (as per normal GR procedure — no specific retroactive date mentioned)

Digital Reference Code: 201609161808184629

SUMMARY

This Government Resolution revokes the transfer authority delegation made vide GR dated 30.05.2015 and re-delegates the power to transfer/post officers in Groups A and B of the State Excise Department (Maharashtra) in accordance with Sections 6 (proviso 2) and 7 of the Maharashtra Government Employees (Regulation of Transfer and Prevention of Delay in Discharge of Government Duty) Act, 2005. The resolution reallocates regular and special transfer authority among the Chief Minister, Minister (Excise), Principal Secretary, and the State Service Commission (headed by the Commissioner of State Excise).

KEY PROVISIONS

1. TRANSFER AUTHORITY — REALLOCATED TO:

The following transfer authorities are superseded and re-delegated as follows:

2. RESTRUCTURING OF CIVIL SERVICE BOARD

By virtue of the revised transfer authority structure:

• For Periodic/Regular Transfers of Inspectors (Group B): Cases shall be submitted by the Civil Service Board (headed by Commissioner, State Excise) to the Secretary / Principal Secretary / Additional Chief Secretary (RAUSHEE).

• For Special Transfers and Postings of Inspectors (Group B) AND All Periodic/Special Transfers and Postings of Group A and Group B Officers: Cases shall be submitted by the Civil Service Board (headed by Commissioner, State Excise under the Chairmanship of Secretary/Principal Secretary/Additional Chief Secretary - RAUSHEE) to the Hon. Minister (Excise).

3. REFERENCED GOVERNMENT RESOLUTIONS (वाचा - पूर्वपूर्वापेक्षाएं)

This resolution supersedes and/or amends the following prior GRs:

1. GR, General Administration Department, No. SRV-2014/VIP 284/Proc.362/12, dated 26.11.2014 — Delegation of transfer authority to secondary authorities.

2. GR, Home Department, No. EST-1215/Proc.28/RAUSHEE-1, dated 30.05.2015 — Delegation of power to Chief Secretary (RAUSHEE) to conduct regular transfers of Officers in Group A and Group B of State Excise Department.

3. GR, Home Department, No. EST-1216/Proc.78/RAUSHEE-1, dated 14.06.2016 — Partial amendment to the above order and establishment of Civil Service Board under Commissioner, State Excise.

4. GR, Home Department, No. EST-1215/Proc.28/RAUSHEE-1, dated 14.07.2016 — Further clarifications.

LEGAL FOUNDATION

Statutory Authority:

• Section 6 (Proviso 2) and Section 7 of the Maharashtra Government Employees (Regulation of Transfer and Prevention of Delay in Discharge of Government Duty) Act, 2005 — Defines the authority competent to transfer and the power to sub-delegate such authority to secondary authorities and prescribed authorities.

AFFECTED OFFICERS/DEPARTMENTS

Who Is Affected:

1. All Group A Officers in the State Excise Department (RAUSHEE):

   • Additional Commissioner
   • Joint Commissioner
   • Deputy Commissioner (Senior and Junior Grade)
   • Superintendent
   • Assistant Commissioner

2. All Group B Officers in the State Excise Department (RAUSHEE):

   • Sub-Inspector
   • Inspector

3. All Group C Employees in the State Excise Department (RAUSHEE)

4. Authority Holders:

   • Hon. Chief Minister
   • Hon. Minister (Excise)
   • Secretary / Principal Secretary / Additional Chief Secretary (RAUSHEE)
   • Commissioner, State Excise Department (RAUSHEE)
   • Civil Service Board (headed by Commissioner, State Excise)

IMPORTANT NOTES / CONDITIONS / SPECIAL PROVISIONS

Key Operational Instructions:

1. Periodic Transfers of Inspectors (Group B):

   • Authority: Secretary / Principal Secretary / Additional Chief Secretary (RAUSHEE)
   • Route: Via Civil Service Board (Commissioner, State Excise - Chair)

2. Special Transfers & Postings of Inspectors (Group B):

   • Authority: Hon. Chief Minister
   • Route: Via Civil Service Board (Commissioner, State Excise - Chair) → Secretary / Principal Secretary / Additional Chief Secretary (RAUSHEE)

3. Periodic & Special Transfers of Group A & Group B (other than Inspectors):

   • Authority: Hon. Minister (Excise)
   • Route: Via Civil Service Board (headed by Secretary / Principal Secretary / Additional Chief Secretary - RAUSHEE as Chair, with Commissioner as member)

Critical Differences from Prior Order (30.05.2015):

OLD (30.05.2015): Transfer authority was vested in Chief Secretary (RAUSHEE) directly.

NEW (16.09.2016): Transfer authority is now bifurcated:

• Regular transfers of Inspectors → Secretary / Principal Secretary / Additional Chief Secretary
• Special transfers and all other transfers → Hon. Minister (Excise)
• Group C → Commissioner, State Excise (for regular transfers) and Secretary / Principal Secretary (for special transfers)

DISTRIBUTION OF THIS ORDER

Official Circulation (प्रत:):

1. Principal Secretary to Hon. Chief Minister, Mantralaya, Mumbai
2. Private Secretary to Hon. Minister (Excise), Mantralaya, Mumbai
3. Private Secretary to Hon. Minister of State (Excise), Mantralaya, Mumbai
4. Additional Chief Secretary (RAUSHEE), Home Department, Mantralaya, Mumbai
5. Additional Chief Secretary (Services/CSC), Mantralaya, Mumbai
6. Commissioner, State Excise Department, Maharashtra State, Mumbai

PUBLICATION & AUTHENTICATION

• Published On: Maharashtra Government website (www.maharashtra.gov.in)
• Digital Signature: Authenticated with digital signature
• Authenticated By: P. H. Vagde, Assistant Secretary, Home Department, Government of Maharashtra
• Authority: Issued by order and in the name of the Governor of Maharashtra

PROCEDURAL NOTES

• Superseded Order: GR EST-1215/Proc.28/RAUSHEE-1, dated 30.05.2015 is hereby revoked (रद्द करुन).
• Effective: This resolution operates in conjunction with the existing Civil Service Board structure established vide GR dated 14.06.2016.
• No Retrospective Effect: The resolution operates prospectively from the date of publication.

EXCISE LICENSE TYPES AFFECTED

This is a personnel/administrative order affecting transfer powers of Excise Department officers. It does NOT directly regulate any specific license types (FL-I, FL-II, FL-III, FL-IV, CL-I, CL-II, CL-III, Toddy, Neera, etc.). However, the administrative restructuring affects the chain of command for all officers who authorize, issue, renew, or cancel such licenses.

Indirect Impact on Licensees:

• Transfer orders may affect the processing timeline for license applications and renewals.
• Different approval authorities may apply under the new delegation structure.

CONCLUSION

This is a significant administrative reorganization of transfer authority within the Maharashtra State Excise Department. The prior flat delegation to the Chief Secretary has been replaced with a tiered, role-specific system where:

• Ministerial-level approval is now required for special transfers and most Group A/B postings.
• Secretary-level approval is retained only for periodic transfers of Inspectors.
• Commissioner-level authority is expanded for Group C staff.

All future transfers of Excise Department officers must follow this revised authority matrix.