MAHARASHTRA eGAZETTE NOTIFICATION SUMMARY
Type of Document: Commissioner's Circular (Administrative Directive)
Circular Reference: No. CSE/CIR/Appeal/2002-03/(IV)/1, dated 21st January, 2006
Authority: Commissioner of State Excise, Maharashtra State
Subject: Mandatory Compliance with Appellate and Revisional Orders
NATURE OF DIRECTIVE
This is an administrative circular clarifying the chain of command and enforcement procedures for orders passed by appellate and revisional authorities under the Bombay Prohibition Act, 1949. It does not amend any statutory rule or fee schedule, but addresses procedural non-compliance issues.
WHAT CHANGED
Previous Practice (Problematic):
- Superintendents of State Excise were sending orders from Appellate/Revisional authorities to Collectors for "approval" before implementation
- This was causing delays and non-compliance with higher authority orders
- Complaints were received about non-implementation of orders passed by:
- Commissioner of State Excise (as Appellate Authority)
- Hon'ble Minister (as Revisional Authority)
New Directive (Corrective):
- All Superintendents of State Excise must implement orders from Appellate/Revisional authorities immediately upon receipt
- Implementation is mandatory — no prior approval from Collectors required
- Superintendents must merely inform Collectors of actions taken (not seek permission)
- Collectors are subordinate officers to the Commissioner under BPA, 1949
KEY PROVISIONS
- Hierarchical Clarity: Reinforces that Collectors work under Commissioner's authority per BPA, 1949
- Accountability: District Superintendents (Excise) are personally responsible for:
- Any violation of these instructions
- Any consequent delays in implementation
- Reference to Prior Circulars:
- Circular No. CPE.1080/83/(I), dated 11th January, 1984
- Circular No. CSE.1095/1995/1, dated 1st February, 1995
EFFECTIVE DATE
From date of circular: 21st January, 2006
DISTRIBUTION
Sent to:
- All Collectors
- All Superintendents of State Excise
- All Divisional Commissioners of State Excise
- Additional/Joint/Deputy Commissioners (for information)
NOTE: This circular does not alter license fees, rules, or substantive provisions of the BPA. It is an internal administrative directive ensuring proper enforcement of appellate/revisional orders.