Amended Rule/Section: Section 137(2) and Section 138 of the Maharashtra Prohibition Act, 1949
Type of Change: Delegation of Powers / Administrative Reorganization
What Changed:
This notification delegates comprehensive administrative and executive powers from the State Government of Maharashtra to the Additional Chief Secretary, State Excise (Home Department). Previously, these powers were exercised directly by the State Government; this order now vests them in the Additional Chief Secretary. The delegation covers all authority, duties, and functions of the State Government under Section 137(2) and Section 138 of the Maharashtra Prohibition Act, 1949, as well as all rules, regulations, and orders made thereunder. This is an administrative restructuring that streamlines the excise administration by centralizing decision-making authority in a senior bureaucratic officer rather than dispersing it across multiple government departments. The practical effect is that the Additional Chief Secretary becomes the principal executive authority for enforcing the MPA 1949 at the state level, with the power to issue orders, make administrative decisions, grant or revoke licenses, and oversee all excise-related matters within the scope of Sections 137 and 138. This delegation does not create new substantive rights or duties but rather clarifies and concentrates the chain of command for state excise administration.
Key Details:
Effective Date: 9th January, 2025 (from date of publication)
Authority: Section 6 of the Maharashtra Prohibition Act, 1949 (which grants the Government power to delegate functions) read with Section 137(2) and Section 138 of the same Act
Section 137(2) MPA 1949 typically deals with the State Government's power to make rules for the administration and regulation of excise matters, including licensing, fees, and control of production and distribution of liquor.
Section 138 MPA 1949 generally empowers the State Government to make rules prescribing the qualifications, appointment, powers, and duties of excise officers and other officials.
This notification is procedural in nature and does not amend substantive provisions of the Act, but rather reshuffles administrative responsibility to a single senior official, enhancing operational efficiency in state excise governance.