MAHARASHTRA EXCISE DOCUMENT ANALYSIS

Document Type: Government Resolution (GR) – Committee Formation Order

Reference Number: Government Resolution No. MYS 1018/PR.QR.246/TAASU-2, dated 27.10.2021

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

Effective Date: 27.10.2021 (date of this GR); references and supersedes GR dated 17.09.2020

Portal ID: 1517

SUMMARY

This Government Resolution establishes a specialized committee to examine and revise the criteria for determining the alcohol content in spirits/distilled beverages obtained from the industrial distillation of molasses and allied substances, as specified in the Government Notification dated 08.09.2015. The GR addresses concerns raised by various stakeholders regarding the accuracy and applicability of the current alcohol percentage standards. The committee is mandated to conduct an in-depth technical and scientific review, propose amendments to existing rules under the Bombay Prohibition Act 1949, and submit a detailed report within two months.

KEY PROVISIONS

Committee Composition:

Committee's Specific Mandate (कायूकक्षता):

1. Review of Alcohol Content Criteria: Examine whether the alcohol content (ताराण्य) standards prescribed in the Government Notification dated 08.09.2015 for spirits/alcohol obtained from molasses distillation require amendment or modification.

2. Determination of Standards: Establish and define appropriate criteria/standards (निकष) for determining the alcohol content in spirits/alcohol produced from molasses distillation.

3. Loss/Waste Quantification: Determine the acceptable percentage of loss/waste (टूट/हानी) during the molasses distillation process and manufacturing of alcohol.

4. By-Products Analysis: Determine the alcohol content derived from by-products of molasses/bagasse processing, including bagasse, bagasse trash, bagasse pith, and bagasse ash (बी-हीट मळी/बासाचा तूस/साखल/साखल चा पाक).

5. Review of Discrepant Standards: Examine and assess whether the "Discrepant/Cue Substance" standards (नमूना) prescribed in the Commissioner's Circular/Memorandum No. DNS 2193/15959/ACTA dated 15.06.1996 require periodic amendment and revision; simultaneously, consider international standards to establish new Discrepant/Cue Substance standards.

6. Re-examination of Existing Standards: Conduct a comprehensive review of currently existing Discrepant/Cue Substance standards.

Committee's Powers and Procedures:

• The committee may consult with all relevant government departments, ministry heads, and other concerned agencies.
• The committee is authorized to conduct field visits and meet with stakeholders and industrial operators to gather information on current distillation processes and manufacturing practices.
• The committee may seek technical and scientific input from external organizations and experts as deemed necessary.

Reporting Requirement:

• The committee must submit a comprehensive report to the Government within two months from the date of this GR.

Document Availability:

• This GR is available on the Maharashtra Government website: www.maharashtra.gov.in
• Digital Reference Number: 202110271509120929
• Document is digitally signed

BACKGROUND AND RATIONALE

Historical Context:

1. Original Notification (08.09.2015): A Government Notification dated 08.09.2015 was issued to standardize the alcohol content (मद्याकु ताराण) in spirits derived from industrial distillation of molasses and similar substances, incorporating amendments to rules under the Bombay Prohibition Act, 1949.

2. Earlier Committee (2002): A committee was established in 2002 under the chairmanship of then-Commissioner A. Ramakrishnan to examine loss/waste and damage issues related to molasses and alcohol production.

3. 2005 Report: The aforementioned committee submitted its final report in 2005, based on which the 08.09.2015 notification was issued with appropriate rule amendments.

4. Current Concerns: Despite the 08.09.2015 notification, various authorized agencies and stakeholders have raised concerns regarding:

   • The accuracy and applicability of the alcohol content standards
   • The need for technical and scientific review of the criteria
   • The requirement for revision and modernization in light of international standards and current industrial practices

5. Previous GR (17.09.2020): An earlier GR dated 17.09.2020 (referenced in this document) had initiated a committee formation process; however, committee member appointments were not finalized at that time.

WHO IS AFFECTED

• State Excise Commissioner, Maharashtra – Primary implementing authority and committee chair
• All authorized distilleries and spirits manufacturers in Maharashtra producing alcohol from molasses and allied substances
• State Excise Department officials responsible for testing, approval, and regulation of industrial alcohol
• Government of Maharashtra – All relevant departments involved in excise regulation and alcohol policy

AFFECTED LICENSE TYPES

This GR pertains to:

• Industrial/Distillery Licenses: Manufacturing permits for distillation of molasses and production of spirits/alcohol
• No direct impact on retail (FL-I, FL-II, FL-III, FL-IV) or country liquor (CL-I, CL-II, CL-III) licenses – However, standards established by this committee will indirectly affect all licenses involving spirits/alcohol manufactured from molasses

IMPORTANT NOTES / CONDITIONS

Compliance and Implementation:

1. Two-Month Deadline: The committee must complete its investigation and submit the report within two months from the date of this GR (i.e., by approximately 27.12.2021).

2. Reference Standard: The committee's work is anchored to:

   • Government Notification dated 08.09.2015
   • Commissioner's Circular No. DNS 2193/15959/ACTA dated 15.06.1996
   • Bombay Prohibition Act, 1949 and subordinate rules

3. Technical and Scientific Rigor: The committee must undertake detailed technical analysis and can incorporate international best practices and discrepant standards.

4. Stakeholder Engagement: The committee is explicitly empowered to engage with all relevant departments, industry representatives, and technical experts.

Distribution and Authority:

This GR is issued on the authority of the Governor of Maharashtra and distributed to:

1. Chief Minister's Principal Secretary, Ministry, Mumbai-32
2. Deputy Chief Minister's (Excise) Secretary, Ministry, Mumbai-32
3. Opposition Party Leaders, Legislative Assembly/Council, Vidhan Bhavan, Mumbai
4. State Minister (Excise) Private Secretary, Ministry, Mumbai-32
5. Principal Secretary (Excise), Home Department, Ministry, Mumbai-32
6. Commissioner, State Excise, Maharashtra, Mumbai-23
7. All Divisional Deputy Commissioners, State Excise
8. All Committee Members (via Commissioner, Excise)
9. TAASU-2 (for records)

Legal Status:

• This GR digitally signed and authenticated
• The Government Resolution supersedes the previous GR dated 17.09.2020 to the extent of redefining committee composition and procedures

RELATED LEGISLATIVE FRAMEWORK

• Bombay Prohibition Act, 1949 – Primary statute governing excise and alcohol regulation in Maharashtra
• Government Notification dated 08.09.2015 – Prescribes alcohol content criteria for industrial spirits
• Commissioner's Circular DNS 2193/15959/ACTA dated 15.06.1996 – Contains the original "Discrepant/Cue Substance" standards

PROCEDURAL NOTES

• No fee schedule or license fee amendments are contained in this document
• No forms or application procedures are introduced by this GR
• No penalty provisions are specified; this is a committee formation order
• No amendments to existing rules are made by this GR; the committee is tasked with recommending such amendments

Document Analysis Complete