Gazette Reference: Guidelines issued by Commissioner of State Excise, Maharashtra
Type: Administrative Circular — Proceedings under Section 104 BPA
Authority: Section 104, Bombay Prohibition Act, 1949
Subject: Standardized Guidelines for Collectors conducting breach/violation proceedings
What Changed:
The Commissioner of State Excise has issued comprehensive procedural guidelines to standardize the manner in which District Collectors (Jilhadhikaris) conduct proceedings under Section 104 of the Bombay Prohibition Act, 1949. Section 104 empowers Collectors to adjudicate violations of the Act and impose penalties including license suspension, cancellation, or forfeiture of security deposits. These guidelines establish uniform procedures for inquiry, evidence collection, show-cause notices, hearings, and final orders to ensure consistency, fairness, and legal compliance across all districts in Maharashtra.
Practical Effect:
Previously, Collectors may have exercised discretion inconsistently when handling license breaches. These guidelines mandate specific procedural steps, documentation requirements, and timelines that all Collectors must follow when initiating action against license-holders for violations such as sale of illicit liquor, breach of license conditions, non-maintenance of records, or other infractions under BPA and its subordinate rules.
Initiation of Proceedings:
Show-Cause Notice (SCN):
Hearing Procedure: