In exercise of the powers conferred by
Section 72 read with Section 47 of the Andhra Pradesh Excise Act, 1968 (Andhra
Pradesh Act 17 of 1968) and in supersession of all existing rules on the
subject the Governor of Andhra Pradesh hereby makes the following rules, the
draft of the same having been previously published, as required by sub-section
(1) of Section 72 of the said Act. (1)
These rules may be called the Andhra Pradesh
Excise (Compounding of Offence) Rules, 1973. (2)
They shall extend to all areas in the State
in which the Andhra Pradesh Excise Act, 1968 (Act 17 of 1968) is in force. (3)
They shall come into force at once. In these rules unless the context
otherwise requires- (a)
"Act" means the Andhra Pradesh
Excise Act 1968. (Andhra Pradesh Act 17 of 1968): (b)
"Licence" means a licence granted
under the provisions of the Act or any of the rules made thereunder : (c)
"Permit" means a permit issued
under any of the rules made under the Act and includes a pass or authorisation; (d)
"Compoundable Offence" means an
offence mentioned in Section 47 of the Act. In addition to the Commissioner and
the Collector (i)
The Deputy Commissioners of Excise are
empowered to compound offences falling under clause (b) of Section 34. Section
35 and clauses (b), (c) and (d) of Section 37 of the Act and to accept a sum of
money not exceeding Rs. 5,000 and subject to the minimum prescribed under Rule
4. [1][(ii) The
Assistant Commissioners are empowered to compound the offences, other that
those specified in clause (i) above and to accept a sum of money not exceeding
Rs. 4,000/- and subject to minimum prescribed under Rule 4.) (iii) The Excise Superintendents are empowered to
compound offences other than those specified in clause (i) above and to accept
a sum of money not exceeding Rs. 3.000 and subject to the minimum prescribed in
Rule 4: Provided that wherever an Excise
Superintendent considers that an offence requires a higher compounding fee than
Rs. 3,000 he shall submit the case for the orders of the Collector. No offence specified in column (2) of
the Schedule below shall be compounded for an amount less than the amount
specified in column (4) thereof. (1)
Any person accused of a compoundable offence
who intends to get the case compounded may apply in writing within fifteen days
of such accusation to the officer empowered under the rules for compounding the
offence: Provided that where the applicant
satisfies the Officer that he had sufficient reasons for not making the
application within the time specified he shall after recording his reasons
condone the delay and entertain the application. (2)
On receipt of such application the officer
empowered to compound the offence under these rules shall exercise his
discretion and fix the compounding fee having regard to the duty sought to be
evaded or the punishment that would otherwise have been imposed on conviction. (3)
The compounding fee fixed under sub-rule (2)
shall be intimated to the applicant within seven days from the date of the
receipt of the application. [2][The
compounding fee fixed together with other amounts due shall be remitted into a
Government Treasury or through a Demand Draft within ten days of the
communication of the said fixation.] (4)
If the compounding fee is not paid within
that time, the offender shall be liable for prosecution: Provided that where the applicant
satisfies the officer empowered to compound the offence that he had sufficient
cause for not paying the compounding fee under sub-rule (3) within the time
specified, he shall after recording the reason in writing grant extension of
time not exceeding 15 days for the payment of the said fees. (5)
Every officer compounding an offence under
these rules shall immediately submit a copy or his proceedings to his immediate
superior officer. [3][x x x x ] SCHEDULE (See Rule 4) Sl. No. Provision
in the Act under which the offence falls. Nature of
Offence Minimum
compounding fee (1) (2) (3) (4) 1. 31 (1) (a) Non-payment
of duty/fee for which the licence or permit is liable for cancellation or
suspension. 15% of the
duty fee payable in addition to the amount of the duty fee payable. 2. 31(1) (b) Breach of
any of the terms and conditions of a licence or permit for which the licence
or permit is liable for cancellation or suspension, not falling in any of the
offences enumerated in this column. Rs. 5 in
each case 3. 34(b) Cultivating
the hemp plant or failure to take the measures prescribed for checking the
spontaneous growth or the expiration of the hemp plant or collection of any
portions of such plant from which an intoxicant drug can be manufactured. Rs. 2 per
plant. 4. 34(c) (A)
Illicit tappping of any excise tree in allotted topes. (1) (a)
Stalks out of rough faces made before crediting tree tax and tree owner's
rent in respect of Sendhi or Date Palm trees. [4][Re. 1 per tree]. (b) Golas
prepared, before payment of tree tax and tree owner's rent in respect of
Sago, Palm, Palmyrah or Coconut trees. [5][Re. 1 per tree] (2) Smooth
faces made, before payment of tree tax and tree owner's rent in respect of
Sendhi or Date or Date Palm trees. Re. 1 per
tree. (3)
Attachment of pots before payment of tree tax, tree owner's rent in respect
of Sendhi or Date, Coconut, Palmyrah, Date Palm and Sagotrees. Rs. 2 per
tree (4) Sendhi
or date, coconut, palmyrah, date palm and sago trees tapped, and abondoned
without crediting tree tax and tree owner's rent. Rs. 5 per
tree (5) Sendhi
or date Coconut Palmyrah, date palm and Saga trees smooth faces made or
tapped, before making, but after crediting tree tax and tree owner's rent. Re.
1 per tree (B)
Illicit Tapping of Trees in the Block in Excess of allotment but within the
ration sanctioned, which could be sanctioned subse-quently. (1) (a)
Stalks cut or rough faces made before crediting tree tax and tree owner's
rent in respect of Sendhi or date and Date Palm trees. Rs. 2 per
tree (b) Golas
prepared before crediting tree tax and tree owner's rent in respect of
coconut, palamyrah and sago trees. Rs. 2 per
tree (2) Smooth
faces made, before payment of tree tax and tree owner's rent in respect of
sendhi or date and date palm trees. Rs. 3 per
tree (3) Pots
attached before payment of tree tax and tree owner's rent in respect of
Sendhi or Date, Coconut, Palmyrah, Date Palm and Sago trees. Rs. 4 per
tree (4) Sendhi
or date, Coconut, Palmyrah, date palm and Sago trees, tapped and abandoned,
without crediting the tree tax and tree owner's rent. All other cases of
Illicit Tapping not falling under (A) or (B) above - Cases of over-tapping of
marked trees Rs. 10 per
tree (i) If the
excess duration is one month or less (ii) If
the excess duration is more than one month but less than two months. Rs. 2 per
tree. Rs. 4 per
tree (iii) If
the excess duration is two months or above or if a 2nd incision is made at
any time subsequent to the 1st incision (regardless of the period of tapping
through the 2nd incision) Rs. 8 per
tree Note.In cases pertaining to Tappers
Co-operative Societies which have been given toddy contracts on lease for
fixed amount, the Excise Superintendents may reduce 25.% in the rates of
compounding fee shown above.. 5.' 34(d) Illegal
drawing of toddy from any excise tree. [6][Re. 1 pe tree] and toddy to be sold to a
licensee. 6. 34(g) Illegal
bottling of any liquor for purposes of sale. Duty
leviable on the Liquor seized together with a sum calculated at Re. 1, per
bottle. 7. 34 (h) Illegal
selling or buying of any intoxicants: (1) In
case of arrack Rs. 2 per
(100)ML. (2) In
case of toddy Re. 1 per
litre. (3) In
case of Mohwa flowers (Over arid above the maximum possession limit) Re. 1 per
K.G. (4) In
case of other intoxicating drugs Rs. 25 per
10 gms. 8. 35 Rendering
of denatured spirit fit for human consumption Permitting drunkness, Rs. 100
per bulk litre. 9. 36(d) disorderly
conduct, riot or gaming at the licensed premises. Rs. 5/- 10. 36 (e) Permitting
persons suffering from leprosy or persons believed to have been convicted of
any non-bailable offence, or reputed prostitutes or habitual offenders resort
to, or assemble or remain in or on the premises where any excisable article
is sold or manufactured Rs. 10/- 11. 36(f) Selling
any intoxicant to a person who is drunk Rs. 5/- 12. 36(g) Selling or
giving any intoxicants to any child apparently under eighteen years of age or
permitting such child to remain in or on the permises when any excisable
article is sold or manufactured. Rs. 5/- 13. 36(h) Employing
or permitting to be employed on any part of the licensed permises referred to
in Section 36 (b) any child or person suffering from leprosy or other
contagious disease in contravention of the provision of Section 19 of the
Act. Rs. 100/- Duty
leviable on such liquor and Rs. 25 on every 750 ML of liquor. 14. 37 (b) Selling or
keeping or exposing for sale as foreign liquor which he knows or has reason
to believe to be Indian Liquor 15. 37(c) Making any
bottle or the cork of any bottle, case, package or other receptacle
containing Indian Liquor, with mark thereon or on the Cork thereof with the
intention of causing it to believe that such bottle; case package or other
receptacle contains foreign liquor. Rs. 200/- 16. 37(d) Selling or
keeping or exposing for sale of any Indian liquor or a bottle, case, package
or other receptacle with any mark thereon or on the mark there of with the
intention of causing to be believed that such bottle, cases, package or other
receptacle contains foreign liquor. Rs. 200/- 17. 41 Contravention
of any of the provisions of the Act, or any rule, notification or order made,
issued or passed thereunder and not otherwise provided for in the Act. Rs. 50/- [1] Inserted
by G.O.Ms.No. 1246 Revenue (E) dated 4-8-1981. [2] Substituted
by Memo No. 145/ E-2/ 77-8 Revenue (E) dept., dated 1-3-1978. [3] Omitted
by G.O.Ms.No. 151 Revenue (E) dept. dated 31-1-1983. [4] Substituted by G.O.Ms.N0. 151 dated 31-1-1983. [5] Substituted by G.O.Ms.N0. 151 dated 31-1-1983. [6] Substituted by G.O.Ms.N0. 151 dated 31-1-1983.THE ANDHRA PRADESH EXCISE (COMPOUNDING OF OFFENCES)
RULES, 1973
PREAMBLE