Document Type: Government Resolution (GR) — Reward/Incentive Scheme
Reference Number: GR No. BGT-1016/Pr.Cr.39/RAUSH-1, dated 09 October 2017
Issued By: Government of Maharashtra, Home Department (गृह विभाग)
Effective Date: 09 October 2017 (Date of Government Resolution)
Summary:
This Government Resolution establishes a comprehensive reward/incentive scheme (बक्षीस योजना) for officers, employees, and informers of the Maharashtra State Excise Department who assist in investigating and detecting crimes related to excise laws. The scheme revises and modernizes the previous reward policy dating from 20 May 1976, which had remained unchanged for 40 years. It prescribes the quantum of rewards, the authorities empowered to sanction them, the composition of recommendation committees, eligibility criteria for rewarded work, and the procedure for disbursement of rewards. The scheme applies to violations under the Bombay Prohibition Act 1949, the Drugs and Cosmetics Act 1955, and the Maharashtra Sugarcane Control Act 1956.
| Sl. No. | Authority Empowered to Sanction Rewards | Reward Amount Limit | Recommendation Committee Composition |
|---|---|---|---|
| 1 | Principal Secretary / Additional Chief Secretary (State Excise) | Above ₹10,00,000 | Chairperson: Commissioner, State Excise Members: (1) Joint Secretary / Under Secretary (State Excise); (2) Additional Commissioner, State Excise; (3) Joint Commissioner (Administration & Vigilance); (4) Director (Enforcement & Vigilance) Member Secretary: Joint Commissioner (Administration) |
| 2 | Commissioner, State Excise | Up to ₹10,00,000 | Chairperson: Joint Commissioner (Administration), State Excise Members: All Divisional Deputy Commissioners, State Excise Member Secretary: Director (Enforcement & Vigilance), State Excise |
| 3 | Director (Enforcement & Vigilance), State Excise | Up to ₹2,00,000 | Chairperson: Senior-most Divisional Deputy Commissioner, State Excise Members: All Divisional Deputy Commissioners, State Excise Member Secretary: Office Superintendent (Office Order No. 9) |
| 4 | Divisional Deputy Commissioner, State Excise | Up to ₹1,00,000 | Chairperson: Senior-most Superintendent in the Department, State Excise Members: All Superintendents in the concerned Division Member Secretary: Office Superintendent |
| 5 | Superintendent | Up to ₹50,000 | Chairperson: Superintendent of adjacent district (to be decided each time by the concerned Divisional Deputy Commissioner; preferably senior to other Superintendents) Members: Superintendents of two adjacent districts in the same Division Member Secretary: Deputy Superintendent, Headquarters / (if not available) Office Superintendent |
Note: For cases under Sl. No. 5, the Divisional Deputy Commissioner shall decide the chairperson of the committee each time. Preference should be given to the senior-most Superintendent of adjacent districts.
Condition 1: Applicable Laws and Acts
Officers/employees must have taken action under the following laws and rules:
Condition 2: Eligible Officers/Employees
Condition 3: Decision-Making Authority and Process
Condition 4: Allocation of Reward Among Multiple Officers/Employees
The reward amount shall be paid to the investigating officer and the officer who filed the charge sheet in the court.
However: The reward amount for the officer filing the charge sheet in court shall be given only after the court judgment is delivered in favor of the Government.
Allocation Among Participants: The Reward Recommendation Committee shall consider the performance of:
And shall recommend the distribution to the authority empowered to sanction the reward.
Condition 5: Decision Timeline for Distribution
The authority empowered to sanction rewards shall, within one month of receiving the recommendation, decide on the distribution of the reward amount among officers/employees and informers.
Appeal / Dispute Resolution:
If a dispute arises regarding the reward amount given/sanctioned to an officer/employee or informer, the superior reward-sanctioning authority (of the authority who initially sanctioned the reward) shall decide the matter within one month, and that decision shall be binding on all parties.
Condition 6: Lifetime Cap on Individual Rewards
Officers/employees shall be given a maximum of ₹25,00,000 (Twenty-five lakh rupees) as reward during their entire service period.
Exception: This limit may be relaxed by the Government on a case-by-case basis as a special matter. However, once relaxed, the authority sanctioning the reward has final say.
Condition 7: Anonymity of Informers
Condition 8: Documentation of Informer's Information
Audit Compliance:
Condition 9: Accuracy of Informer's Information
Condition 10: Payment Method
Condition 11: Criminal Disqualification
An officer/employee shall be deemed eligible for a reward if they have:
Demonstrated exceptional courage, skill, promptness, honesty, and intelligence while performing any of the following actions.
The seized goods must be seized from a cognizable offence (i.e., the offence should ideally be bailable; however, rewards may be given in non-bailable offences if the performance is exceptionally excellent).
Specific Performance Criteria (Case-by-case basis):
The work shall be considered reward-worthy if any of the following circumstances exist:
Counterfeit liquor seized — The seized liquor must be detected to be counterfeit in manufacture.
Liquor manufactured without excise duty — Liquor manufactured in a distillery without payment of excise duty has been seized.
Counterfeit / Duty-Free Scotch seized — Fake or duty-free scotch whisky has been seized.
Liquor smuggled from other States — Liquor/alcohol smuggled illegally from other States has been seized.
Jaggery / Molasses / Mahua flowers seized — Jaggery (गुळ), molasses (काळा गुळ), or mahua flowers (मोहार्ु ले) used for illicit liquor manufacture have been seized.
Country liquor distillery transport vehicles seized — Vehicles used to transport country liquor distillery products (हातभट्टी दाब) have been seized.
Cognizable offence registered at illegal country liquor manufacturing site — A cognizable offence has been registered at an illegal country liquor manufacturing center (हातभट्टी दाब निर्मती केंद्र).
All establishments in jurisdiction closed — All liquor vends (ढाबे) and illegal country liquor manufacturing / sales units in the jurisdiction have been completely shut down.
Offender convicted with minimum sentence — The accused in the offence has been convicted with minimum punishment as per law.
Adulterated Toddy / Chloral Hydrate stock seized — Adulterated toddy (भेसळयुक्त ताडी) or chloral hydrate stock (क्लोरल हायड्रेट) has been seized.
Preventive detention of repeat offender — A habitual offender has been placed under preventive detention under the Maharashtra Prevention of Dangerous Activities Act (MPDA).
Bond money recovery from repeat offender — A repeat offender has been re-prosecuted after conviction under MPA 1949 and Sections 91 and 93 of the Bombay Prohibition Act, and the bond money deposited with the Government has been recovered and deposited with the Government by the concerned officer.
Excess loss in distillery disclosed and tax recovered — Excess loss beyond the prescribed limit in a distillery / liquor or beer manufacturing unit has been detected, and the tax on that loss has been recovered, OR the manufacturing license has been suspended / cancelled.
Counterfeit liquor manufacturing factory, labels, caps, refilled bottles seized — A factory manufacturing counterfeit liquor, along with labels, bottle caps, refilled bottles, etc., have been seized.
General Rule:
The minimum value of seized goods (excluding vehicles) for a case to be considered reward-worthy is ₹25,000 (Twenty-five thousand rupees).
Exception:
The Reward Recommendation Committee may recommend to the authority sanctioning rewards to relax this minimum threshold if:
Final Authority:
However, the authority sanctioning the reward shall have the final say on whether the threshold should be relaxed.
Modification Authority:
The Commissioner, State Excise may make necessary changes to the above performance criteria as required.