MAHARASHTRA EXCISE OFFICIAL DOCUMENT ANALYSIS

Document Type: Government Circular / Administrative Order (Shasan Parinarak)

Reference Number: BNA-0117/Pra.Kra.22/RAUSU-3

Issued By: Government of Maharashtra, Home Department (Griha Vibhag), with coordination from State Excise Department

Effective Date: 18 April 2017

Portal ID: 1376

Document Portal Reference: www.maharashtra.gov.in | Digital Reference Code: 201704181738171229

SUMMARY

This is an administrative circular issued by the Home Department of Maharashtra Government regarding enforcement action against illegal liquor production, transport, and sale that disturb public peace and order. The circular is issued pursuant to the Maharashtra Prohibition (Amendment) Act, 2016 (Maharashtra Act No. 19/2017, published in State Gazette on 16 January 2017) and the Village Protection Force Rules, 2017 (published via Government Notification dated 22 March 2017). The directive establishes protocol for coordination between police departments, State Excise Department, and Village Protection Force (Gram Rakshak Dal) to combat illegal alcohol-related crimes, particularly in rural areas. The circular mandates specific timelines for investigation, prosecution, and preventive measures, with emphasis on stricter action against repeat offenders, public awareness, and administrative accountability.

KEY PROVISIONS

1. LEGAL FRAMEWORK

• Applicable legislation:
  • Bombay Prohibition Act, 1949 (particularly Section 85 and Section 93)
  • Maharashtra Prohibition (Amendment) Act, 2016 (Maharashtra Act No. 19/2017)
  • Village Protection Force Rules, 2017 (Gram Rakshak Dal Niyam, 2017) — published 22 March 2017
  • Maharashtra Police Act

2. REPORTING AND INVESTIGATION PROTOCOL

Section 1: Illegal Liquor Production and Sale

• Information Source: Members of Village Protection Force (Gram Rakshak Dal)
• Receiving Authority:
  • Nearest police station, OR
  • Concerned excise officer
• Action Timeline: FIR (First Information Report) must be registered within 12 hours of receiving information
• Responsible Departments:
  • Police Department, OR
  • State Excise Department (Rajya Utpadan Shulk Vibhag)

Section 2: Public Disturbance and Intoxication-Related Crimes

• Crimes Covered: Liquor-related cases involving:
  • Creating disturbance in village (gaon mein gondhal ghalne wale)
  • Violence/assault (mara-mari karne wale)
• Reporting: Village Protection Force members shall inform concerned officer
• Action Required:
  • Apprehend accused as soon as possible (lawkara takhat mein ghevun)
  • Conduct medical examination (vaidyakiya pariksha) as a first step
  • Proceed with legal action under Section 85 of the Bombay Prohibition Act, 1949

Section 3: Repeated Offenders (Habitual Criminals)

• Trigger: When an individual committing liquor-related crimes is:
  • Booked in more than 3 cases, AND
  • Convicted/sentenced
• Actions Required:
  1. Police Department shall prepare a proposal for detention/imprisonment (haddbandi ka prastavat)
  2. Such proposal must be submitted within stipulated deadline (kalmiyida vihit)
  3. Processing shall follow existing legal provisions of Maharashtra Prohibition Act, Section 93 (good conduct bond/ache vartanukacha hamipatra)
  4. For habitual offenders, implement necessary action under Maharashtra Police Act for restricting movement (haddbandi ki jaruri karvayi)
  5. Consequence of Non-Compliance: If concerned officer/employee fails to submit proposal as required, disciplinary action shall be taken against them for dereliction of duty (kartavyat kasuri)

Section 4: Seizure and Good Conduct Bond (Section 93)

• Applicable to: Individuals engaged in illegal liquor manufacturing and sale (habitual offenders)
• Legal Requirement: Take good conduct bond/security from the person as per existing provisions of Maharashtra Prohibition Act, Section 93
• Alternative Action: If bond cannot be secured, proceed with detention proceedings under Maharashtra Police Act

3. PUBLIC AWARENESS AND REHABILITATION

Section 5: Educational Integration and Mass Awareness

• Responsible Authority: Social Justice and Special Assistance Department (Samajik Nyay va Vishesh Sahayya Vibhag)
• Action:
  • Integrate information about addiction and its ill effects (vyasanam va tis parinam) into educational institution curricula
  • Include in college/university course materials
  • Implement addiction eradication policy (Vyasanmukhti Niti)
• Mass Communication Campaign: Joint initiative by:
  • Police Department
  • State Excise Department
  • Media platforms to be utilized:
    • Motion pictures (chitraphat)
    • Advertisements (jahirat)
    • Folk art (lokkala)
    • Theater (natya)
    • Radio broadcasts (samachar vaani)
    • Television (doordarshan)
    • Other media as suitable

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)

2. 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

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

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

CRITICAL TIMELINES AND DEADLINES

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

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

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

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

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

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

2. Medical Examination Mandatory:

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

3. Section 85 Application:

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

4. 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

5. Good Conduct Bond (Section 93):

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

6. 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:

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)

2. 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

3. 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)

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

PUBLICATION AND DIGITAL REFERENCE

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

SUMMARY OF CRITICAL ACTIONS

END OF ANALYSIS