Order - 1.
In exercise of the powers conferred by section 9 of the
Punjab Excise Act (1 of 1914), an Excise Commissioner who will be designated as
Excise and Taxation Commissioner, Haryana, has been appointed and invested with
all the powers conferred on the Financial Commissioner by the said Act.
Order - 2.
In exercise of the powers conferred by sub-section (3) of
section 3 of the Punjab Excise Act (1 of 1914) all the Deputy Excise and
Taxation Commissioner (Headquarters)] [or
Joint Excise and Taxation Commissioner (Headquarters) or
[Additional Excise and Taxation Commissioner (Headquarters)] are
appointed to discharge the functions of a Collector under the said Act
throughout the districts under their respective charges except the powers under
section 79 of the said Act.
Order - 3.
Under
Section 8(a) of the Punjab Excise Act, the general superintendence and
administration by the Financial Commissioner in matters relating to excise
shall be subject to the following restrictions :-
(a)
No shops may be licensed for the sale of
liquor or intoxicating drugs in any village or in any ward or quarter of a town
in which a license did not previously exist without the sanction of the State
Government.
(b)
The number of liquor and intoxicating drug
shops, which may be licensed in any local area, shall be subject to the orders
of the State Government.
Order - 4.
In exercise of the powers conferred by clause (b) of
section 8 of the Punjab Excise Act (1 of 1974) all the Deputy Excise and
Taxation Commissioners in Haryana shall control Excise and Taxation Officers,
the Assistant Excise and Taxation Officer and the other Excise Staff in the
districts under their respective charges.
Order - 5.
Under section 10 of the Punjab Excise Act there shall be
three classes of Excise Officers, to be designated 1st Class, 2nd Class and 3rd
Class, respectively, and the persons mentioned in groups A, B and C below shall
be respectively Excise Officers of the 1st, 2nd and 3rd Class :-
Group A
Excise Officers of the 1st Class
(1)
All Assistant and Extra Assistant
Commissioners.
(2)
All Deputy Excise and Taxation Commissioners.
(3)
All the Gazetted Officers posted at the
headquarters in the office of the Excise and Taxation Commissioner, Haryana
excluding himself.
(4)
All Divisional Enforcement Officers.
(5)
All Officers on special duty in Vigilance.
(6)
All Assistant Excise and Taxation
Commissioner.
(7)
All Assistant Excise and Taxation Officers.
(8)
All Tehsildars.
(9)
All Excise Inspectors.
(10)
All Naib Tehsildars.
(11)
All Excise Sub-Inspectors, time scale.
(12)
[All Taxation Inspectors posted at the Sales Tax Check
Barriers and all Taxation Inspectors transferred to work as Excise Inspectors.]
Group B
Excise Officers of the 2nd Class
All Exciselnspectors leave reserve.
Group C
Excise Officers of the 3rd Class
(1)
All Excise Clerks attached to the Excise
Officers of Districts.
(2)
All Excise Chaprasis and Peons.
Order - 6.
The persons mentioned in groups A and B below are, under
section 11 of the Punjab Excise Act, invested with the powers of an Excise
Officer of the 1st Class and 3rd Class respectively.
Group A
(To exercise the powers of an Excise Officer of the 1st
Class)
(1)
All Police Officers of the rank of Head
Constable and any rank superior thereto.
(2)
All Assistant Commissioners, Superintendents,
Assistant Superintendents and Probationary Assistant Superintendents, of the
Central Excise and Salt Department.
Group B
(To exercise the powers of an Excise Officer of the 3rd
Class)
(1)
All Field Kanungos.
(2)
Inspectors in-charge of circles, kotgashts,
jamadars and peons of the Central Excise and Salt Department.
(3)
All Police Constable.
Order - 7.
Under
section 11 of the Punjab Excise Act (1 of 1914) the persons mentioned below in
column 1 of the sub-joined Schedule are invested with the powers of an Excise
Officer of the 1st Class as given in order 8 except those given in Section 45
of the Act, such powers to be exercised by them within the limits mentioned in
column 2 of that schedule :-
SCHEDULE
page---- 319 -----table missing
Order - 8.
Under
section 10 (b) of the Punjab Excise Act, the powers of Excise Officers of the
classes specified below are declared to be as follows :-
A-powers of An Excise Officer of the 3rd Class
(1)
Power under section 47 to arrest without
warrant any person found committing an offence under section 61(1)(a) or (c) or
section 61(2)(a), (c) or (e).
(2)
Power under section 47 to seized and detain
intoxicants or other articles liable to confiscation in connection with any of
the aforesaid offences and to detain and search person upon whom any vessel,
raft, vehicle, animal, package, receptable or covering in or upon which he may
have reasonable cause to suspect any such article to be.
B-powers of An Excise Officer of the 2nd Class
(1)
All the powers of an Excise Officer of the
3rd Class.
(2)
All powers not included in the foregoing and
conferable under section 47.
(3)
Power to enter and inspect places of
manufacture and sale and to examine and seize accounts and registers, test
measure, weigh and seize any materials, stills, utensils, implements, apparatus
or intoxicants as provided in section 45.
C-powers of An Excise Officer of the 1st Class
(1)
All the powers of an Excise Officer of 2nd
Class.
(2)
Powers to investigate under section 46.
(3)
Power to search without warrant as provided
in section 49(1) and to seize, detain, search and arrest as provided in section
49(2).
(4)
Power to grant bail under section 73.
Order - 9.
Under section 14 of the Opium Act, 1878 (1 of 1878), the
officers mentioned in column 1 of the sub joined Schedule are authorised to
exercise the powers with respect to search for and seizure of opium and other
things liable to confiscation under section 11 or any other law for the time
being in force relating to opium and the detention, search and arrest of any
person reasonably believed to be guilty of any offence relating to such opium,
such powers to be exercisable by them within the limits mentioned in Column 2
of that Schedule.
SCHEDULE
|
Column
I
|
Column
2.
|
|
1.
All Excise Officers in the State of Haryana for the time being above the rank
of a jamadar or peons and all Police Officers in this State above the rank of
a Constables.
|
Within
the limit of their respective jurisdiction.
|
|
2.
All Excise Inspectors and Excise Sub-Inspectors for the time being exercising
jurisdiction in Delhi State
|
Districts
of Rohtak Gurgaon, Kamal and Ambala
|
|
3.
Assistant Excise Commissioner Superintendents of Excise and all Excise
Inspectors for the time being exercising jurisdiction in the district of
Muzafarnagar in Uttar Pradesh
|
Districts
of Rohtak and Karnal.
|
|
4.
Assistant Excise Commissioner Superintendents of Excise and all Excise
Inspectors for the time being exercising jurisdiction in the District of
Meerut in Uttar Pradesh
|
District
of Rohtak
|
|
5.
Assistant Excise Commissioner Superintendents of Excise and all Excise
Inspectors for the time being exercising jurisdiction in the Districts of
Bulandshahr and Mathura of Uttar Pradesh
|
District
of Gurgaon
|
|
6.
Assistant Excise Commissioner Superintendents of Excise and all Excise
Inspectors for the time being exercising jurisdiction in the District of
Sharanpur in Uttar Pradesh
|
District
of Karnal and Ambala
|
|
7.
Inspecting Officers and the Intelligence Officers attached to the Narcotics
Intelligence Bureau, Government of India
|
Whole
of the State of Haryana
|
|
8.
All officers of the Central Excise Department of and above the rank of
Sub-Inspectors
|
Whole
of the State of Haryana
|
|
9.
Assistant Commissioners and Inspectors Excise and Taxation for the time being
exercising jurisdiction in the District of :-
|
|
|
(a)
Ganga Nagar, Churu and Jhunjhanm
|
(a)
Hissar Distt.
|
|
(b)
Alwar and Bharatpur
|
(b)
Gurgaon Distt.
|
|
(c)
Ganga Nagar
|
(c)
Ferozepur District.
|
|
(d)
Sikar, Jhunjhanm Alwar
|
(d)
Mohindergarh District.
|
|
10.
Staff of Excise Intelligence Bureau of the State of not below the rank of
Excise Inspector
|
Hissar,
Gurgaon, Ferozepur and Rajasthan Mohindergarh District.
|
Order - 10.
Under section 23 (1) of the Dangerous Drugs Act, 1930 (II
of 1930), the Officers mentioned in column 1 of the sub-joined Scheduled are
hereby authorised to exercise the powers within the limits of the territories
mentioned in column 2 of that Schedule:-
SCHEDULE
|
Column
1
|
Column
2
|
|
1.
All Excise Officers in the State of Haryana for the time being above the rank
of a jamadar or peons and Police Officers in the State above the rank of a
Constable.
|
Within
the limits of their respective jurisdiction.
|
|
2.
All Excise Inspectors and Sub-Inspectors for the time being, exercising
jurisdiction in Delhi State
|
District
of Rohtak, Gurgaon Karnal and Ambala
|
|
3.
Assistant Excise Commissioner Superintendents of Excise and all Excise
Inspectors for the time being exercising jurisdiction in the District of
Mazaffarnagar in Uttar Pradesh
|
District
of Rohtak and Karnal.
|
|
4.
Assistant Excise Commissioner Superintendents of Police and all Excise
Inspectors for the time being exercising jurisdiction in the District of
Meerut in Uttar Pradesh
|
Distt.
of Rohtak.
|
|
5.
Assistant Excise Commissioner Superintendents of Excise and all Excise
Inspectors for the time being exercising jurisdiction in the Districts of
Bulandshehar and Mathura in U.P.
|
Distt.
of Gurgaon.
|
|
6.
Assistant Excise Commissioner Superintendents of Excise. and all Excise
Inspectors for the time being exercising jurisdiction in the Districts of
Saharanpur and Mathura in U.P.
|
Distts.
of Karnal and Ambala.
|
|
7.
Inspecting Officer and the Intelligence Officer attached to the Narcotics
Intelligence Bureau, Government of India
|
Whole
of the State of Haryana.
|
|
8.
All Officers of the Central Excise Department of and above the rank of
Sub-Inspectors
|
Whole
of the State of Haryana.
|
|
9.
Assistant Commissioner and Inspectors Excise and Taxation, for the time being
exercising jurisdiction in the District of
|
|
|
|
|
(a)
Ganga Nagar, Churu and Jhunjhaum
|
Hissar
District
|
|
(b)
Alwar and Bharat Pur
|
Gurgaon
District
|
|
(c)
Ganga Nagar
|
Ferozepur
District
|
|
(d)
Sikar, Jhunjhanm and Alwar
|
Mohindergarh
District.
|
Order - 11.
Under section 30 of the Dangerous Drugs Act, 1930 (11 of
1930) the officers mentioned in column 1 of the sub-joined Schedule are
invested with the powers of an officer-in- charge of Police Station for the
investigation of offences under the said Act, within the limits of the
territories mentioned in column 2 of that Schedule :-
|
1.
All Deputy Excise and Taxation Commissioner, all Assistant and Extra
Assistant Commissioners, all Excise and Taxation Officers, all Excise
Inspectors, all Sub-Inspectors, all Assistant Collectors, Superintendents,
Deputy Asstt. Collectors, Superintendents, Deputy Supdts., Probationary
Deputy Supdts. of General Excise in the State of Haryana
|
Within
the limits of their respective jurisdiction.
|
|
2.
Asstt. Excise Commissioner Superintendents of Excise and all and Excise
Inspectors, for the time being exercising jurisdiction in the Distt. of
Muzafarnagar in U.P.
|
Distts.
of Ratak Karnal
|
|
3.
Asstt. Excise Commissioner Superintendents of Excise and all Excise
Inspectors for the time being exercising jurisdiction in the Distt. of Meerut
in Uttar Pradesh
|
Distt.
of Rohtak
|
|
4.
Asstt. Excise Commissioner Superintendents of Excise and all Excise
Inspectors, for the time being exercising jurisdiction in the Distts. of
Bulandshahar and Mathura of Uttar Pradesh
|
Distt.
of Gurgaon
|
|
5.
Asstt. Excise Commissioner Superintendents of Excise and all Excise
Inspectors for the time being exercising jurisdiction in the Distt. of
Saharanpur of Uttar Pradesh
|
Distts.
of Karnal and Ambala
|
Order - 12.
Under section 13 (b) of the Punjab Excise Act every
Collector is permitted to delegate the powers specified in column 1 of the
schedule below to the persons mentioned in column 2, subject to the conditions,
if any, in column 3 :-
SCHEDULE +++++table ocr-page no.- 322-324
|
Nature
of powers
|
Authority
to whom powers Remarks
may
be delegated
|
Powers to grant permits for import or transport of
country spirit, foreign liquor, rectified spirit or denatured spirit.
Power to grant permits for the transport of bhang.
Power to appoint salesman to work at licensed premises. ,
Power to issue passes for export and transport of foreign
liquor, country spirit, rectified spirit and denatured spirit from vend
premises.
Power to grant passes for the export of medicinal and
other preparations containing rectified spirit including intoxicating
spirituous preparations from vend premises.
Power to grant passes for the export and transport of
medicinal or other preparations containing rectified spirit including intoxicating
spirituous preparations from the bonded
warehouse of the approved manufacturer.
Power to grant permits for the import or transport of
intoxicating spirituous preparations.
Power to grant passes for the export and transport of
spirit from a distillery, or of beer from the brewery or of liquor from a
bonded warehouse.
Power to grant permit for the
possession of country spirit not exceeding 45.460 litres
on special occasions.
Power to grant licences for the manufacture and
possession of country fermented liquor for home consumption.
Powers to grant licenses for the -manufacture of country
fermented liquor for use on special occasion.
Power to grant passes for the export and transport of
bhang.
Power to grant passes for the transport of bhang.
Power of the grant passes for the export and transport of
foreign liquor, country spirit and denatured spirit from the whole sale vend
premises of the person mentioned in column 2.
Power to grant export and transport passes for the export
and transport of foreign liquor from the retail premises of any licensee to any
other premises of the same licensee.
Power to grant a permit for import or transport of
rectified spirit from licensed distillery to an approved manufacturer and
homopathic chemist or practitioner.
Power.to grant authorisation for the export, transport in
bond of country spirit or Indian made foreign liquor or rectified spirit or
medicinal, non-medicinal preparations containing rectified spirit including
intoxicating spirituous preparations to the Manager of the Distillery, Brewery
or etc.
Power to require the manager of a distillery or brewary
or bonded warehouse or the proprietor of a chemical works licensed in Haryana
to execute a bond ensuring the safe arrival at its destination of any
consignment of liquor exported or transported in bond and the payment of any
duty which may become due thereon.
Power to discharge the bond executed Ditto by the
managerof the distillery or
brewary or bonded warehouse or the
approved manufacturer concerned in
connection with the export/transport in bond of liquor.
Power to grant or renew a permit for Ditto
purchase, transport and possession of foreign spirit
exceeding one bottle of the capacities of 757 millilitres.
Power to grant permits for the
purchase, transport and possession of brandy in a
prohibited area.
Power to suspend licenses granted under Forms L-2 L-14,
and L-14-A of Rule 2 of the Haryana Liquor Licences Rules, 1970
324 Punjab Excise Powers and Appeal Orders, 1956 ,
*23. Power to impose ;.malty and its Deputy Excise and
Taxation
recovery under J talon 61 and powers Commissioner,
in-charge of
of confiscation under sections 79 and excise
administration in the
79 of the Act district concerned.,
*Added by Haryana Notification No. S.O. I 04/P.A.
1/1914/S. 13/2002 dated 27th December, 2002.
Order - 13.
Under section 14 of the Punjab Excise Act, it is hereby
declared that an appeal shall lie from an original or appellate order of an
Excise Officer as follows, namely:-
(a)
to the Collector when the order is made by an
Excise Officer below the rank of Collector,
(b)
to the Financial Commissioner when the order
is made by Collector, provided that :-
(i)
when an original order is confirmed on first
appeal, a further appeal shall not lie.
(ii)
when any such order is modified or reversed
on appeal by the Collector the order made by the Financial Commissioner on
further appeal, if any, to him shall be final.
Order - 14.
Under section 58(2)(c) of the Punjab Excise Act it is
directed that -
(i)
every memorandum of appeal must be presented
within one month from the date of the order appealed against.
(ii)
every memorandum of appeal shall be
accompanied by the order appealed against, in original or by an authenticated
copy of such order unless the omission to produce such order or copy is
explained to the satisfaction of the appellate authority. The time spent in
obtaining an authenticated copy of such order shall be excluded from the period
of limitation prescribed under clause (i) above.
Order - 15.
The
Punjab Excise Powers and Appeal Orders and enforced with Pepsu Government
Notification No. 50, dated the 12th November, 1952, in the territories
immediately before the 1st November, 1956, were comprised in the State of
Patiala and East Punjab States Union shall, stand repealed.
Leg.
Sup. Part HI dated 24.1.1986.
Words
added by Haryana Government Notification No. GSR20/PA1/14/S.3and12/Aind.(1)/88
dated 3.3.1988.
Added
by Haryana Government Notification No. GSR 58/PA1/14/Ss 3 and 14/Amd(2)/92
dated 28.8.1992.
Substituted
vide Haryana Government Notification No. GSR 31/PA1/14/s.1/Amd/85 dated
27.2.1985.