COMPLIANCE STRUCTURE AND CHAIN OF COMMAND

Section 4: Supervision and Implementation

All instructions in this circular shall be communicated through:

1. Police Hierarchy:

   • Commissioner of Police (through all Police Zone Heads / Police Districts)
   • All Police Station Heads (Thanadar)

   • Excise Hierarchy:

     • Commissioner/Superintendent, State Excise Department (through all inspectors under his authority)
     • All Excise Inspectors

     Supervisory Responsibility:

     • Police Zone Heads and Excise Superintendent shall ensure proper implementation
     • Monitor compliance and ensure instructions are followed correctly

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     INTER-DEPARTMENTAL COORDINATION

     Coordination Partners:

     1. Police Department — Registration of FIR, investigation, arrest, detention proceedings
     2. State Excise Department (Rajya Utpadan Shulk Vibhag) — Investigation, prosecution, awareness campaigns
     3. Social Justice and Special Assistance Department — Curriculum integration, addiction awareness policy
     4. Village Protection Force (Gram Rakshak Dal) — Information gathering, initial reporting

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     DISTRIBUTION AND IMPLEMENTATION

     Section 4: Official Copies Distributed To:

     1. Chief Secretary to Chief Minister
     2. Private Secretary to Minister, State Excise
     3. Private Secretary to Minister of State, State Excise
     4. Additional Chief Secretary (Home), State Excise, Ministry, Mumbai
     5. Principal Secretary, Social Justice and Special Assistance Department, Ministry, Mumbai
     6. Police Commissioner (Inspector General), Maharashtra State, Mumbai
     7. Police Commissioner, Brihanmumbai (Greater Mumbai)
     8. Commissioner, State Excise Department
     9. All Special Police Inspectors General
     10. All District Collectors / District Magistrates
     11. All Police Commissioners / Police Superintendents
     12. All Superintendents, State Excise Department
     13. All Joint Secretaries / Under Secretaries, Home Department, Ministry, Mumbai
     14. State Excise (RAUSU-3) Division

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     CRITICAL TIMELINES AND DEADLINES

     Action	Timeline	Authority
     Receipt of information from Gram Rakshak Dal regarding illegal liquor production/sale	Immediate	Police/Excise
     FIR registration after receiving information	Within 12 hours	Police Department / State Excise
     Apprehension of person accused in liquor-related disturbance/violence	As soon as possible (lawkara)	Police/Concerned Officer
     Medical examination of accused	First priority	Police/Medical Authority
     Proposal submission for detention (repeat offenders with 3+ convictions)	As per stipulated deadline (kalmiyida vihit)	Police Department

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     OFFENCES AND PENALTIES REFERENCED

     Applicable Sections Under Bombay Prohibition Act, 1949:

     • Section 85: Penalties for intoxication and related public disturbance
     • Section 93: Good conduct bonds and security for habitual offenders

     Applicable Sections Under Maharashtra Police Act:

     • Detention/restriction of movement (haddbandi) for repeat offenders

     Penalties for Non-Compliance by Officials:

     • Dereliction of Duty (Kartavyat Kasuri): Administrative action against officers/employees who fail to submit required proposals or delay action

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     SPECIAL PROVISIONS FOR REPEAT OFFENDERS

     Criteria for "Habitual Offender" (Sarait Gundhekar):

     • Engagement in liquor-related criminal activities
     • More than 3 FIRs registered against the person
     • Conviction recorded in any of those cases

     Action Escalation:

     1. Police Department shall prepare detention proposal (haddbandi prastavat)
     2. Application of Maharashtra Prohibition Act, Section 93 — compel good conduct bond
     3. If bond cannot be obtained, apply Maharashtra Police Act provisions for restriction of movement
     4. Failure to submit proposal within deadline = Administrative disciplinary action against responsible officer

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     COORDINATION WITH HOME DEPARTMENT

     Section 5: Authority

     • This circular is issued with approval and coordination of Home Department (Griha Vibhag)
     • Issued in the name and by order of Governor of Maharashtra (Maharashtrachhe Rajypal)

     Signatory:

     • Pu. Hi. Vagde
     • Joint Secretary, Government of Maharashtra
     • Home Department

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     DOCUMENTS/FORMS REFERENCED

     1. FIR (First Information Report) — Must be registered within 12 hours
     2. Medical Examination Report — Mandatory for accused in intoxication/disturbance cases
     3. Detention Proposal (Haddbandi Prastavat) — Required for repeat offenders with 3+ convictions
     4. Good Conduct Bond (Ache Vartanukacha Hamipatra) — To be obtained from habitual offenders under Section 93

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     WHO IS AFFECTED

     Direct Beneficiaries (Implementing Agencies):

     • State Excise Department (Rajya Utpadan Shulk Vibhag)
     • Police Department (all ranks from Constable to Commissioner)
     • Village Protection Force (Gram Rakshak Dal) — all villages

     Indirectly Affected Parties:

     • Individuals engaged in illegal liquor production, transport, sale, and storage
     • Persons committing alcohol-related crimes (violence, disturbance)
     • Repeat offenders (3+ convictions)
     • Educational institutions (for curriculum integration)
     • Media organizations (for awareness campaigns)

     Geographic Scope:

     • All of Maharashtra state, with particular emphasis on village/rural areas where Gram Rakshak Dal operates

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     IMPORTANT NOTES / CONDITIONS / PENALTIES

     Mandatory Conditions:

     1. Immediate 12-Hour FIR Rule:

        • Non-compliance results in delay in prosecution
        • Police/Excise must register FIR within 12 hours of receiving information from Gram Rakshak Dal

        • Medical Examination Mandatory:

          • All persons accused of intoxication-related public disturbance must undergo medical examination as first step before legal proceedings

          • Section 85 Application:

            • Cases involving public disturbance, violence, or intoxication shall be prosecuted under Section 85, Bombay Prohibition Act, 1949

            • Repeat Offender Escalation:

              • Once an offender has 3 or more convictions:
                • Police must prepare detention proposal
                • Authority must submit proposal within deadline (kalmiyida)
                • Failure to submit = disciplinary action against officer

                • Good Conduct Bond (Section 93):

                  • Applicable to habitual offenders
                  • Must be obtained as per legal procedure
                  • If refused, proceed with detention

                  • Administrative Accountability:

                    • Officers responsible for preparing detention proposals
                    • Failure to submit = dereliction of duty (kartavyat kasuri)
                    • Consequence: Disciplinary/administrative action against officer

                    Penalties for Non-Compliance:

                    Category	Action Required	Non-Compliance Consequence
                    Police/Excise Officer	Register FIR within 12 hours	Delay in prosecution; disciplinary review
                    Police/Excise Officer	Prepare detention proposal for repeat offenders	Administrative disciplinary action for dereliction of duty
                    Superintendent/Officer	Ensure implementation of circular	Departmental accountability; performance review

                    Exceptions and Special Cases:

                    1. Repeat Offenders with Serious Record:

                       • If 3+ convictions and crimes involve violence/serious public disturbance
                       • Police may seek enhanced detention under Maharashtra Police Act (beyond good conduct bond)

                       • Educational Institutions:

                         • Special responsibility to integrate addiction-related content
                         • Curriculum must include ill effects of substance abuse
                         • Part of broader Vyasanmukhti (Addiction Eradication) Policy of Social Justice Department

                         • Media and Public Awareness:

                           • Police and Excise departments shall conduct joint awareness campaigns
                           • Multiple media channels to be utilized (TV, radio, print, folk media, theater)

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                           APPEALS AND LEGAL RECOURSE

                           The circular does not explicitly state an appeals mechanism. However, as these are actions under:

                           • Bombay Prohibition Act, 1949 — normal statutory appeals apply
                           • Maharashtra Police Act — statutory bail and appeal procedures apply
                           • Good Conduct Bond (Section 93) — can be challenged in court

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                           PUBLICATION AND DIGITAL REFERENCE

                           • Website: www.maharashtra.gov.in
                           • Digital Signature Certificate: Yes (digitally signed)
                           • Reference Code: 201704181738171229
                           • Date of Publication: 18 April 2017

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                           SUMMARY OF CRITICAL ACTIONS

                           Action	Performer	Deadline	Consequence of Delay
                           Information reception (from Gram Rakshak Dal)	Police/Excise	Immediate	FIR delay
                           FIR registration	Police or State Excise	12 hours	Prosecution delay; accountability review
                           Medical examination	Police/Medical Officer	Upon arrest	Inadmissible evidence; procedural delay
                           Detention proposal (for 3+ convictions)	Police	Stipulated deadline (kalmiyida)	Administrative action against officer
                           Good conduct bond	Police	Per legal procedure	Detention under Maharashtra Police Act
                           Curriculum integration	Educational Institutions	As per policy directives	Compliance audit by Social Justice Dept
                           Awareness campaigns	Police + Excise	Ongoing	Departmental review

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                           END OF ANALYSIS