chapter ii sections viii ix - department of u.p. exciseupexcise.in/pdfs/part4/chapter-ii.pdfchapter...

Chapter II

Sections

VIII Staff Powers and Duties(1) Powers(2) Inspections

IX Officers of the Land Revenue DepartmentX Officers of the Police DepartmentXI Relations between departmentXII Special Excise Staff

I- Joint Excise CommissionersII - Deputy Excise CommissionersIII- Assistant Excise CommissionerIV- Superintendent of ExciseV- Excise InspectorsA- GeneralB- AllowancesC- LeaveD- Control and ConductE- DutiesVI- Department Excise ClerksVII- Sub-Inspectors of ExciseVIII - Tari SupervisorsIX - Excise Constables

XIII Appeals and revisions(B) Appeals by subordinate officers

STAFF- POWERS AND DUTIES

50. The control and direction of excise administration is vested in the exciseCommissioner. He is the head of Excise Department. He is assisted by an AdditionalExcise Commissioner.

51. Officers concerned with Excise Administration- The following classes ofofficers exercise powers and perform executive duties in the administration of excise:

(1) Officers of the Land Revenues Department including DivisionalCommissioners, Collectors, District Excise Officers, Sub-Divisional Officers andTahsildars.

(2) Officers of the Police Department, in relation to the prevention and detectionof offences, of all ranks from the Superintendent of Police to the Village Chaukidar.

(3) Officers of the Excise Department, including joint Excise Commissioners,Deput Excise Commissioners, Assistant Excise Commissioners, Technical officer to theExcise Commissioner, U.P., Superintendents of Excise, Excise Inspectors, Sub-InspectorExcise, Tari Supervisors, Excise Clerk, Tari Supervisiors and Excise Constables.

52. Powers expressly conferred by the Excise Act- Sections of the Excise Actexpressly and directly confer powers or impose duties upon officers and classes of officeror upon classes of the public as shown below:

Person or persons U.P. Excise Act IV of 1910 Sections

The Excise Commissioner 11,18, 21, 24, 30, 31, 35 to 38, 41 and 48.

Collectors 10, 16, 20, 21, 34, 35, 39, 48, 51 to 54 and 73.

Officers of the Land Revenue, Police,

Excise, Salt, Opium generally.

56

Police officers above the rank of constable 59

Police officer not below the rank of an

officer incharge of a police station

49 and 53

Officer incharge of police station 58

Any officer of the Excise Department 58

Owners and occupiers of land and their

agents

57

Village headmen, Village accountants and

Chaukidars.

57

53. Power conferred by the State Government by Notifications under the Act ofofficers of different departments are given in Part III of this Volume.

54. TheExcise Commissioner, Assistant Excise Commissioners, Superintendents of Excise andExcise Inspectors are Revenue officers within the meaning of section 125 of the Indian

Evidence Act, 1872, and are entitled to all the privilege which a Revenue Officer enjoysunder that section.

55.Details of powers delegated to certain officers of the State in respect of search, detentionand investigation of Excise offences in bordering States and Vice-versa with a view tofacilitating check on and investigation of inter-State smuggling are given in Part III ofthis Volume.

56. Delegation of powers by State Government- The State Governments hasdelegated to the Excise Commissioner the following powers:

Power to appoint, censure, withhold promotion from, reduced to a lower post,suspend, remove or dismiss all officers of the Excise Department below the rank ofSuperintendent of Excise:

Provided that in-case of dismissal, removal or reduction the Excise Commissionershall follow the procedure laid down in the rules framed by the State Government underthe provision to Article 309 of the Constitution of India, and pending the issue of suchrules by Rule 55 of the Civil Services (Classification, Control and Appeal) Rules, 1930made by the Secretary of State for India in Council under section 96-B of the virtue ofsection 276 of Government of India Act, 1935, and Article 313 of the Constitution ofIndia as amended by State Government Notification No. O-227/II-B-53, dated January30, 1953:

Provided also that every officer of a subordinate service on whom any punishmentis inflicted by the Excise Commissioner shall be entitled to prefer an appeal against suchorder of the State Government.

57. The State Government has delegated the following financial powers t theexcise Commissioner as head of Department and other excise sofficers as head of office:-

Ø0 la0 vf/kdkj dk izdkj ftlds }kjk iz;ksxfd;k tk;sxk

1 2 3

'kklukns'k la[;k¼lkekU;&4½¼1944@nl&56&73 fnukad 16vxLr] 1973½

v/khuLFk jktif=rvf/kdkfj;ksa dks vodk'kLohdr djuk

foHkkxk/;{k

'kklukns'k la[;k,&2&358

orZeku vkokfld Hkouks esalq/kkj ds fy;s vuqekuksa dh

foHkkxk/;{k

lh&1972 lk0fu0 fo0 fnukad14 fnlEcj]1972

iz'kkldh; Lohd`fr iznkudjuk

'kklukns'k la[;k,&2&2883@nl&14¼30½-72 fnukad23 fnlEcj]1972

iznf'kZfu;ksa ds fy, O;;Lohd`r djuk ftlesaifjogu O;;] vLFkk;hdeZpkfj;ksa dk ;k=k HkÙkk]vkdfLed O;; bR;kfnlfEefyr gSa

foHkkxk/;{k

'kklukns'k la[;k¼th½2&1128@nl&1973 fnukad 28tqykbZ 11973

v/khuLFk lsokjr Js.kh nks dsvf/kdkfj;ksa ds lEcU/k esay?kq 'kfDr;ksa dk vkjksi.kftlesa osru of) dk jksdnsuk] ftlds vUrxZr n{krkjksd ij :dkoV HkhlfEefyr gS] vkrk gS

foHkkxk/;{k

'kklukns'k la[;kch&3&1686@nl24&63 fnukadtqykbZ 31] 1973

fdlh ,d vuqnku ds Hkhrj,d y?kq 'hk"kZd ls nwljs y?kq'kh"kZd iqufoZfu;ksx

foHkkxk/;{k

'kklukns'k foÙklkekU; Hkkx&1la[;kth&1&1194 ¼1½nl&534¼10½&65&73 fnukad23&8&1973

v/khuLFk jktif=rvf/kdkfj;ksa dks izns'k dsckgj fdUrq Hkkjr ds vUnjljdkjh dk;Zo'k M~;wVh ijtkus dh vuqefr

foHkkxk/;{k

'kklukns'k la[;kth&2&1513@nl&75 fnukad4&8&1975

jktif=r vf/kdkfj;ksa dksvodk'k dh vof/k esafujUrjrk izek.k&i= tkjhdjuk

foHkkxk/;{k

'kklukns'k la[;k,&2& 1954@nl&15¼2½&73fnukad 4&8&1973

vkoklh; Hkouksa dks vU;foHkkx ds deZpkfj;ksa dksfdjk;s ij fn;k tkuk

foHkkxk/;{k

'kklukns'k la[;kch&3&1942@nl&9&73 fnukad

jkT; deZpkfj;ksa dkslkbfdy vfxze Lohd`r

dk;kZy; ds v/;{k

18&8&1973 djuk

'kklukns'k la[;k,&2@ 2167¼1½nl& 15¼8½@73fnukad

vLFkk;h inksa dh Lohd`frdh lekfIr ds i'pkr~vLFkk;h in /kkjdksa dksosru vkgj.k djus dhvuqefr

foHkkxk/;{k

'kklukns'k la[;kth&1&1577@nl&224&73 fnukadflrEcj 25]1973

v/khuLFk jktif=rvf/kdkfj;ksa dh fLFkfr dsvuq:i muds fuokl xg dsvuqeki dh mi;qDrrkizekf.kr djuk

dk;kZy; v/;{ktks de ls deJs.kh&1 ds vf/kdkjhgks

'kklukns'k la[;kth&1&1085@nl&534¼65½&1973 fnukad8 vDVwcj 1973

v/khuLFkdeZpkfj;ksa@vf/kdkfj;ksa dksizns'k ds ckgj vFkok HkhrjfdUrq Hkkjr ds Hkhrj M~;wVhij dkaxzsl] lsfeukj]odZ'kki] desVh dkaÝsalvFkok Hkkx ysus ds fy,vuqefr nsuk

foHkkxk/;{k

'kklukns'k la[;kch&3&1703@nl&128&57 fnukad27&8&1973

v/khuLFk vf/kdkfj;ksa dhlokjh xkM+h LdwVj] eksVjlkbfdy ,oa eksVj dkj Ø;djus gsrq Lohd`r djuk

foHkkxk/;{k

muds Lo;a ds dk;kZy; dsfy;s rFkk muds v/khuLFkdk;kZy;ksa ds fy;sys[ku&lkexzh rFkk jcjLVkEiksa dh LFkkuh; :i ls[kjhn Lohdr djuk

1& foHkkxk/;{k

2& dk;kZy;k/;{k

xSj vkokfld Hkouksa dksftudh ljdkjh iz;ksx dsfy;s vko';drk u gksfdjk;s ij nsuk

dk;kZy;k/;{k

,sls vfxzeksa dks cV~Vs[kkrsMkyus ds fy, Lohdrdjuk] ftUgsa Lohdr djusdk mUgsa vf/kdkj gks

foHkkxk/;{k

cdk;k osru vFkok HkÙksvFkok Lohd`r osru of);ksads nkoksa dh egkys[kkdkj]mÙkjizns'k] }kjk tkap@izos'kuLohdr djuk

foHkkxk/;{k

'kklukns'k la[;k,&2&1702&1@nl&14¼30½&73fnukad 25vxLr] 1973

mu vLFkk;h inksa dsLFkk;hdj.k ds vkns'kizlkfjr djuk ftudsLFkk;hdj.k dk izLrko foÙkfoHkkx dh lgefr ls u;hekaxksa dh vuqlwph }kjkvk;&O;;d esa fo/kku eaMy}kjk Lohdkj dj fy;k x;kgksA

foHkkxk/;{k

foHkkxksa ds fy;s lkekU;izdkj ds izklafxd O;; dksLohdr djuk

¼1½ foHkkxk/;{k

'kklukns'k la[;k,&2&1063¼1½@nl&14¼4½&81fnukad 13vxLr] 1981

u;h lkt&lTtk dk Ø;Lohdkj djuk

¼1½ leLrfoHkkxk/;{k

'kklukns'k la[;k,&2@235@nl 84fnukad 4 ekpZ]1985

fuEufyf[kr ds fy;s fdjk;sij fy;s x;s xksnkeksa dkfdjk;k Lohd`r djuk%

HkaMkj ¼LVkslZ½] oLrq,a¼esVhfj;Yl½ vkStkj vkSjla;a= bR;kfn ds laxzg djusds fufeÙk

1- foHkkxk/;{k

'kklukns'k la[;k,&2@3857@nl&84&14¼1½ 73fnukad 12 twu]1984

1- v/kh{kd] eqnz.k rFkkys[ku lkexzh ls iwoZijke'kZ fd;s fcuk futheqnz.kky;ksa lsiath;r@viath;r izi=ksa o¼vU; vko';d dk;Z tSlsuD'ks] uksfVl vkfn½ dkeqnz.k djkuk

1- lfpoky; dsiz'kklfud foHkkx

2- foHkkxk/;{k

3- dk;kZy;k/;{k

2- foKkiu ds fy;s O;; foHkkxk/;{k

Lohdr djuk

'kklukns'k la[;k,&2&930@nl&84&14@330&73fnukad Qjojh28] 1984

1- 'kklu }kjk iV~Vs ij yhxbZ Hkwfe ds fdjk;s dkHkqxrku Lohdr djukA

foHkkxk/;{k

2- vukokfld iz;kstuksa¼xksnkeks dks NksM+dj½ dsfy;s fdjk;s ij fy;s x;sHkouksa dk fdjk;k Lohd`rdjukA

1- foHkkxk/;{k

'kklukns'k la[;k,&2&2629@nl84 fnukadtuojh 1] 1985

1- muds vius dk;kZy;ksavFkok muds v/khuLFkdk;kZy;ksa ds iz;ksx ds fy;siqLrds] lekpkj i=]if=dk,a] uD'ks rFkk vU;izdk'ku

¼d½ foHkkxk/;{kftykf/kdkjh] ftykU;k;k/kh'k] 'kkluds jlk;fudijh{kd] vkxjk]miiqfylegkfujh{kd] ftyksds iqfyl v/kh{kd]iz'kklukf/kdkjh]jkT; laxzgky;]y[kuÅ vkSjiz'kklukf/kdkjh]iqjkrRo laxzgky;]eFkqjk

'kklukns'k la[;k,&2&2630@nl84 fnukadtuojh 1] 1985

2- muds Lo;a ds ljdkjhiqLrdky; ls vFkok fdlhv/khuLFk vf/kdkjh dsiqLrdky; ls [kksyh vFkoku"V gqbZ iqLrdksa dhvolwyuh; gkfu;ksa dkscV~Vs&[kkrs Mkyuk

¼[k½ vU;dk;kZy;k/;{k]foHkkxk/;{k] ftykrFkk ls'ku tt]vkSj mi iqfylegkfujh{kd

'kklukns'k la[;k,&2&2630@nl&84fnukad tuojh1985

3- nq?kZZVukvksa tkylkth]vlko/kkuh ;k vU; dkj.kksals [kks;s ;k u"V gq, ;k{kfrxzLr gq, HkaMkjksa ,oavU; lEifÙk ds olwy u gksldus okys ewY;ks ;k [kks;sljdkjh /ku dh olwy u gksldus okyh /kujkf'k;ksa dks

1- dk;kZy;k/;{k¼izFke Js.kh dsvf/kdkjh½

2- foHkkxk/;{k

cV~Vs&[kkrs MkyukA

'kklukns'k la[;k,&2&2630¼2½@nl84 fnukad 1tuojh] 1985

LVkd esa vUrfoZ"V LVksjksa dsewY; esa vkSj vU; ys[kkvksaesa dfe;ka vkSj ºkl ¼eksVjxkfM+;k o eksVj lkbfdy dsvfrfjDr½ ds ekeyksa dkscV~Vs&[kkrs Mkyuk

1- foHkkxk/;{k

'kklukns'k la[;k,&2&443@nl&85fnukad 18 ekpZ1985

jkT; dh fuf/k;ksa ls fufeZrmuds fu;a=.k ds v/khu¼vkokfld Hkouksa vkSj Mkdcaxyksa dks NksM+dj½ Hkouksadk ¼ftyk ls½ foØ; vFkokfo/oal Lohd`r djuk

1- foHkkxk/;{k

'kklukns'k la[;k,&2 466@nl&85fnukad 19 ekpZ]1985

dk;kZy; QuhZpj@fQDlplZdk Ø; Lohd`r djuk

1- foHkkxk/;{k

2- dk;kZy;k/;{k

'kklukns'k la[;k,&2&466@nl&85fnukad 19 ekpZ]1985

vkikrdkfyd@vkiokfnd@rkRdkfyd vfrfjDrvko';drkvksa@ vlk/kkj.kekax dks iwjk djus ds fy,&

1- tc Ø; LVkslZ ijpstlsD'ku ls fd;k tkuk gksvkSj oLrq dh izkfIr esafoyEc gks] ftllslkoZtfud lsok esa xaHkhjvlqfo/kk gks jgh gks] rksHkkjr vFkok fons'kksa esafufeZr ¼nksuksa izdkj dh½oLrqvksa dk Hkkjr esa Ø;Lohdr djuk

1- dk;kZy;k/;{k

2- foHkkxk/;{k

'kklukns'k la[;k,&2&466@nl&85fnukad ekpZ 19]1985

Qkyrw vkSj fu"iz;ksT; HkaMkjvfHk;U=.k foHkkxksa dksNksM+dj½

1- dk;kZy; v/;{k¼izFke Js.kh dsvf/kdkjh½

2- foHkkxk/;{k

'kklukns'k la[;k,&2&348@nl&85fnukad 9

ewy fuekZ.k dk;ksZ ds fy;sifj;kstukvksa dks iz'kkldh;

1- foHkkxk/;{k¼vfHk;a=.k foHkkxksa

fnlEcj] 1985 Lohd`r iznku djuk ds vfrfjDr½

58. (a) The Excise Department has appointed the following as reporting,reviewing and accepting authority for recording entries in the characterroll of Gazetted officers of the department.

Ø0la0

vf/kdkjh dk inuke izfrosnd vf/kdkjh leh{kk vf/kdkjh LohdrkZ vf/kdkjh

1 2 3 4 5

1- vkcdkjhv/kh{kd@ftykvkcdkjh vf/kdkjh

mi vkcdkjh vk;qDrpktZ rFkk lacaf/kr ftykvf/kdkjh

vij vkcdkjhvk;qDr

vkcdkjh vk;qDr

2- vkcdkjh v/kh{kd¼'khjk ,oa vklouh½

mi vkcdkjh vk;qDrpktZ

vij vkcdkjhvk;qDr

vkcdkjh vk;qDr

3- vkcdkjh v/kh{kd¼fof/k½

lgk;d vkcdkjhvk;qDr ¼fof/k½

vij vkcdkjhvk;qDr

vkcdkjh vk;qDr

4- vkcdkjh v/kh{kd¼xk¡tk ny½

mi vkcdkjh vk;qDr]bZ0vkbZ0ch0

vij vkcdkjhvk;qDr

vkcdkjh vk;qDr

5- lgk;d izkfof/kdvf/kdkjh

izkfof/kd vf/kdkjh vij vkcdkjhvk;qDr

vkcdkjh vk;qDr

6- lgk;d vYdksgyVsdukykftLV

vydksgy VsdukykftLV vij vkcdkjhvk;qDr

vkcdkjh vk;qDr

7- lgk;d vkcdkjhvk;qDr@ftyk vkcdkjhvf/kdkjh

lacaf/kr ftykf/kdkjhrFkk mivkcdkjh vk;qDr

vkcdkjh vk;qDr vkcdkjh lfpo

8- lgk;d vkcdkjhvk;qDr ¼'khjk ,oavklouh½

lacaf/kr ftykf/kdkjhrFkk mi vkcdkjhvk;qDr pktZ


9- lgk;d vkcdkjhvk;qDr ¼izorZu½

mi@la;qDr vkcdkjhbZ0vkbZ0ch0


10- lgk;d vkcdkjhvk;qDr¼fof/k@mRiknu@fo'ys"k.k½

vij vkcdkjh vk;qDr vkcdkjh vk;qDr vkcdkjh lfpo

11- fo'ks"k dk;kZf/kdkjh vij vkcdkjh vk;qDr vkcdkjh vk;qDr vkcdkjh lfpo

12- lgk;d vkcdkjhvk;qDr] bZ0vkbZ0oh0

mi@la;qDr vkcdkjhvk;qDr] bZ-vkbZ-ch-


13- izkfof/kd vf/kdkjh vij vkcdkjh vk;qDr vkcdkjh vk;qDr vkcdkjh lfpo

14- mi vkcdkjh vk;qDrpktZ@eq[;ky;@bZ0vkbZ0ch0

vkcdkjh vk;qDr vkcdkjh lfpo vkcdkjh ea=h

15- vYdksgy VsdukykftLV vkcdkjh vk;qDr vkcdkjh lfpo vkcdkjh ea=h

16- la;qDr vkcdkjh vk;qDr vkcdkjh vk;qDr vkcdkjh lfpo vkcdkjh ea=h

17- vkcdkjh vk;qDr dsoS;fDrd lgk;d

vij vkcdkjh vk;qDr vkcdkjh vk;qDr vkcdkjh lfpo

58- ¼c½ foHkkx ds vf/kdkfj;ksa dh okf"kZd izfof"V;k¡ vafdr djk;s tkus gsrq Js.khokj foLrrle; lkj.kh fuEuor~ fu/kkZfjr dh tkrh gS%&

3- vkcdkjh v/kh{kd@ ftyk vkcdkjh vf/kdkjh ds lEcU/k esa%&

d& leLr vkcdkjh v/kh{kd LoewY;kadu djds viuk dk;Z fooj.k rhu izfr;ksa esafnukad 30 vizSy rd mi vkcdkjh vk;qDr] izHkkj dks miyC/k djk nsaxsA

[k& mi vkcdkjh vk;qDr izHkkj mDr dk;Z fooj.k ij viuk er vafdr dj dk;Z fooj.kdh ,d izfr lacaf/kr ftykf/kdkjh dks ,oa nwljh izfr lh/ks vij vkcdkjh vk;qDr dks 15 ebZrd miyc/k djk nsaxsA ;fn dk;Z fooj.k u izkIr gks rks Hkh bldk myys[k djrs gq, dk;Z dslaca/k esa viuk er vafdr djkdj dk;Z&fooj.k lacaf/kr ftykf/kdkjh ,oa vij vkcdkjhvk;qDr dks 15 ebZ rd miyc/k djk nsaxsA

x- lacaf/kr ftykf/kdkjh mDr dk;Z fooj.k ij viuk er vafdr djkdj dk;Z&fooj.kvkcdkjh vk;qDr dks fnukad 31 rd miyC/k djk nsaxsA

4- lgk;d vkcdkjh vk;qDr@ftyk vkcdkjh vf/kdkjh ds lEcU/k esa%&

d- leLr lgk;d vkcdkjh vk;qDr LoewY;kadu djds viuk dk;Z fooj.k lacaf/kr mivkcdkjh vk;qDr] izHkkj dks rhu izfr;ksa esa fnukad 30 vizSy rd miyC/k djk nsaxsA

[k& mi vkcdkjh vk;qDr izHkkj viuk er vafdr djkdj ,d izfr lacaf/kr ftykf/kdkjhdks ,oa nwljh izfr lh/ks vkcdkjh vk;qDr dks fnukad 15 ebZ rd miyC/k djk nsaxsA

x& lacaf/kr ftykf/kdkjh mDr dk;Z&fooj.k ij viuk er vafdr djkdj dk;Z&fooj.kvkcdkjh vk;qDr dks fnukad 31 ebZ rd miyC/k djk nsaxsA

5- lgk;d vkcdkjh vk;qDr ¼izorZu½ ds lEcU/k esa%&

d& leLr lgk;d vkcdkjh vk;qDr ¼izorZu½ LoewY;kadu djds viuk dk;Z&fooj.k rhuizfr;ksa esa la;qDr vkcdkjh vk;qDr] bZ0vkbZ0ch0 dks fnukad 30 viSzy rd miyC/k djk nsaxsA

[k& la;qDr vkcdkjh vk;qDr] bZ0vkbZ0ch0 mDr dk;Z& fooj.k ij viuk er vafdr djkdjdk;Z fooj.k fnukad 31 ebZ rd vkcdkjh vk;qDr dks miyC/k djk nsxsaA

6- mi vkcdkjh vk;qDr ¼izHkkj½ ds lEcU/k esa&

d& leLr mi vkcdkjh vk;qDr] izHkkj LoewY;kadu djds viuk dk;Z&fooj.k rhu izfr;ksaesa fnukad 30 vizSy rd vkcdkjh vk;qDr dks miyC/k djk nsaxsA

leLr lacaf/kr vf/kdkfj;ksa ls vuqjks/k fd;k tkrk gS fd os o"kZ 1989&90 ds fy,okf"kZd izfof"V vafdr fd;s tkus ds laca/k esa mijksDrkuqlkj le;&lkfj.kh dk ikyu izR;sdn'kk esa lqfuf'pr djsaA bl laca/k esa ;g Hkh Li"V :i ls crk fn;k tkrk gS fd le; lkfj.khdk vuqikyu ftl Lrj ds izkf/kdkjh }kjk lqfuf'pr ugha fd;k tk;sxk os fufnZ"V le; dsckn izfof"V vafdr djus dk viuk vf/kdkj [kks nsaxs vkSj vxys izkf/kdr Lrj ls izfof"Vvafdr djus dh dk;Zokgh dh tk;sxhA

58- ¼l½ vf/kdkfj;ksa@fujh{kdksa ds fujh{k.k rFkk vU; lEcfU/kr dk;ksZ ds ekuØefuEu izdkj ls fu/kkZfjr fd;s tkrs gSa%&

¼v½ mi vkcdkjh vk;qDr pktZ%&

1- nkSjs ds fnu 12 izfrekl

2- jkf= fuokl 6 izfrekl

3- vijk/k fujks/kd {ks=%&

¼d½ os {ks= ftudk eq[;ky; mik;qDr ds eq[;ky; ijfLFkr gS%&

rhu ekl esa ,d ckjA

¼[k½ os {ks= ftudk eq[;ky; mik;qDr ds eq[;ky; ijfLFkr ugha gS%&

pkj ekl esa ,d ckj

4- vklouh%&

vk;qDr ds vkns'k la[;k&4170@,0Vh0ySc@ 'khjk vYdks0fu;a=.k@86@fn0 19&3&86 ds vuqlkj fd;s tk;saA

5- caf/kr xksnke&

¼d½ os caf/kr xksnke tks mik;qDr ds eq[;ky; ij fLFkrgSa%&

rhu ekl esa ,d ckj

¼[k½ os caf/kr xksnke tks mik;qDr ds eq[;ky; ijfLFkr gS%&

4 ekl esa ,d ckj

6- caf/kr fuekZ.k'kk[kk;sa&

¼d½ tks mik;qDr ds eq[;ky; ij gSa%& pkj ekl esa ,d ckj

¼[k½ tks mik;qDr] eq[;ky; ls ckgj gS%& 6 ekl esa ,d ckj

7- vcfU/kr fuekZ.k'kkyk;sa %&

¼d½ tks mik;qDr eq[;ky; ij gSa& 25 izfr'kr fuekZ.k'kkyk,a

¼[k½ tks mik;qDr eq[;ky; ls ckgj gSa%& 10 izfr'kr fuekZ.k'kkyk,a

8- ftyk vkcdkjh vf/kdkjh dk;kZy;&

¼d½ mik;qDr ds eq[;ky; tuin esa fLFkr%& 3 ekl esa ,d ckj

¼[k½ mik;qDr eq[;ky; tuin ds ckgj 4 ekl esa ,d ckj

9- vkcdkjh nqdkusa%&

¼d½ mik;qDr ds eq[;ky; tuin ds uxjikfydk {ks= dh 6 ekl esa ,d ckj

¼[k½ mik;qDr ds eq[;ky; tuin ds ckgj ftys dh%& 6 ekl esa ,d ckj

¼x½ nsgkr dh nqdkusa ftudk vuqKkiu 'kqYd 10 yk[k lsÅij gS%&

o"kZ esa ,d ckj

¼?k½ ftu nqdkuks dk fu/kkZfjr fuxZe ewY; nsj ls tek gksjgk gS rFkk dksVk Hkh nsj ls mBk;k tk jgk gS mudkfujh{k.k mik;qDr] }kjk vko';drkuqlkj fd;k tk;sxkA

10- phuh feyksa esa fu;qDr vkcdkjh fujh{kd@ mivk0fu0 dk dk;Z rFkk phuh feysa%&

¼d½ tks mik;qDr ds eq[;ky; tuin esa gSa%&

¼[k½ tks mik;qDr ds eq[;ky; ds ckgj ds ftyksa esa gS%&

vk;qDr vkns'k la04170@,0Vh0ySc0@ 'khjkvYdks0fu;a=.k@86@fnukad19&3&86 ds vuqlkjfd;s tk;saxsA

11- peksyh] mRrjdk'kh] ikSM+h x<+oky] Vsgjh] vYeksM+kvkfn igkM+h ftyksa ds fy, fuEu ekuØe fu/kkZfjr fd;stkrs gSa%&

¼d½ vijk/k fujks/kd {ks=& o"kZ esa nks ckj

¼[k½ ftyk vkcdkjh vf/kdkjh dk;kZy;& o"kZ esa nks ckj

¼x½ xksnke rFkk fMiks& o"kZ esa nks ckj

¼?k½ ftys ds eq[;ky; dh nqdkusa& o"kZ esa nks ckj

¼M+½ cf/kr fuekZ.k'kkyk;sa& o"kZ esa nks ckj

¼p½ vcaf/kr fuekZ.k'kkyk;sa rFkk vU; ykblsal o"kZ esa nks ckj

¼c½ lgk;d vkcdkjh vk;qDr@vkcdkjh v/kh{kd@ftykvkcdkjh vf/kdkjh&

1 ¼d½ nkSjs ds fnu 10 fnu izfrekg

¼[k½ jkf= izokl 5 fnu izfrekg

2- vijk/k fujks/kd {ks= ds fujh{kdksa dk dk;Z&

¼d½ ftudk eq[;kokl lgk;d vkcdkjh vk;qDr dseq[;ky; ij fLFkr gS%&

rhu ekl esa ,d ckj

¼[k½ ftudk eq[;kokl l0vk0vk0 ds eq[;ky; ds ckgjgS%&

4 ekl esa ,d ckj

3- vklouh ds fujh{k.k vkcdkjh vk;qDr m0iz0 dsvkns'k la[;k 4170@,0Vh0ySc@'khjk0vYdks0 fu;U=.k@86]fnukad% 19&3&86 ds vuqlkj fd;s tk;sA

ftu vklofu;ksa esa foHkkxh; lgk;d vkcdkjh vk;qDrvkcdkjh v/kh{kd fu;qDr ugha gSa%&

6 ekl esa ,d ckj

4- caf/kr xksnke

¼d½ tks lgk;d vkcdkjh vk;qDr ds eq[;ky; ds 8fdyksehVj ds vUnj gS%

3ekl esa ,d ckj

¼[k½ tks lgk;d vkcdkjh vk;qDr ds eq[;ky; ls ckgjgSa%&

4 ekl esa ,d ckj

5- caf/kr fuekZ.k'kkyk;sa&

¼d½ tks lgk;d vkcdkjh vk;qDr ds eq[;ky; ds 8fdyksehVj ds vUnj gSa%&

4 ekl esa ,d ckj

¼[k½ tks lgk;d vkcdkjh vk;qDr ds eq[;ky; ls ckgjgS%&

6 ekl esa ,d ckj

6- vokafNr fuekZ.k'kkyk;sa&

¼d½ tks eq[;ky; ls 8 fdyksehVj ds vanj gS& fuekZ.k'kkykvksa dk 50izfr'kr

¼[k½ tks eq[;ky; ds ckgj gS& fuekZ.k'kkykvksa dk 25izfr'kr

7- ftyk vkcdkjh vf/kdkjh dk;kZy;%& rhu ekg esa ,d ckj

8- vkcdkjh nwdkusa&

1- ns'kh@fons'kh efnjk@rkM+h rFkk ekax dh nqdkusa&

¼d½ lgk;d vkcdkjh vk;qDr ds eq[;ky; ds vkBfdyksehVj ds vUnj

rhu ekg esa ,d ckj

¼[k½ lgk;d vkcdkjh vk;qDr ds eq[;ky; ds ckgj 3yk[k ls Åij gS

6 ekg esa ,d ckj

¼x½ tks nqdkus 3 yk[k ls de gS%& o"kZ esa 1 ckj

¼?k½ ftu nqdkuksa dk fu/kkZfjr fuxZe ewY; nsj ls tek gksjgk gS] mudk fujh{k.k] lgk;d vkcdkjh vk;qDr@ftykvkcdkjh vf/kdkjh }kjk de ls de ekg esa ,d ckjfd;k tk;sxkA

¼M-½ vU; ykblsal%& o"kZ esa ,d ckj

9- phuh feysa rFkk muesa fu;qDr vkcdkjh fujh{kd@mivkcdkjh fujh{kdksa ds dk;Z%&

vk;qDr ds vkns'k la[;k&4170@,0Vh0ySc@'khjk vYdks0fu;U=.k@86 fnukad% 19&3&86 ds vuqlkj fd;k tk;sxkA

10- vU; ykblsal&

¼d½ tks eq[;ky; ds 8 fdyksehVj ds vUnj gSa%& 6 ekl esa ,d ckj

¼[k½ tks eq[;ky; ds 8 fdyksehVj ds ckgj gSa%& o"kZ esa ,d ckj

¼l½ vkcdkjh fujh{kd&

1- ohjs ds fo"k%&

¼d½ ftuds {ks= esa 'kjkc@ekax ds xksnke ugha fLFkr gSa& 20 fnu izfrekg

¼[k½ ftuds {ks= esa 'kjkc@ekax ds xksnke fLFkr gSa& 12 fnu izfrekg

2- jkf= izokl%& 5 izfrekg

uksV%& lsDVj ds vkcdkjh fujh{kd vius lsDVj ijizHkkoh fu;U=.k gsrq Hkze.k djrs jgsaxsA mu ij fu/kkZfjrnkSjs ds fnu vkSj jkf= izokl dk dksbZ izfrca/k ugha jgsxkA

3- vkcdkjh nqdkuksa dk fujh{k.k%&

¼d½ vkcdkjh fujh{kd ds {ks= esa fLFkr ns'kh 'kjkc@vaxzsth 'kjkc] rkM+h rFkk ekax dh nqdkusa&

ekl esa nks ckj

¼[k½ vU; ykblsal&

¼,Q0,y0&6] ,Q0,y0&7] ,Q0,y0&9]

,Q0,y0&17] ,Q0,y0&16] isVªksy iEi vkfn½

ekl esa ,d ckj

¼x½ ftu nqdkuksa dk fu/kkZfjr fuxZe ewY; le; ls tekugha gks jgk gS vkSj dksVk Hkh foyEc ls mBk;k tk jgkgS] mu ij fo'ks"k /;ku fn;k tk;&

4 ekl esa ,d ckj

¼?k½ lafnX/k xk¡o@eqgYys%& 4 ekl esa ,d ckj

¼M+½ lgk;d vkcdkjh vk;qDr ¼'khjk½%&

1- phuh feysa&

vk;qDr ds vkns'k la[;k&4170@,0Vh0ySc@'khjk vYdks0fu;a=.k@86 fnukad& 19&3&86 ds vuqlkj fd;k tkosxkA

2- vkcdkjh fujh{kdksa@mi vkcdkjh fujh{kdksa dk dk;Z&rhu ekg esa ,d ckj

¼i½ lgk;d vkcdkjh vk;qDr] ¼izorZu½&

1- eq[;kokl tuin esa fLFkr%&

¼d½ ns'kh efnjk@fons'kh efnjk] ekax dh nwdkus ,oa vU;nqdkusa

mi vk0 vk;qDr

bZ0vkbZ0oh0 dsfunsZ'kkuqlkj

¼[k½ caf/kr xksnke& 6 ekl esa 1 ckj

¼x½ vklouh& 6 ekl esa 1 ckj

¼?k½ vkS|ksfxd bdkbZ 6 ekg esa 1 ckj

¼M+½ ckaf/kr ,oa vcaf/kr fuekZ.k 'kkyk;sa 6 ekg esa 1 ckj

¼p½ phuh fey& vk;qDr ds vkns'k la[;k&4170@,0Vh0ySc@vYdks0 fu;U=.k@86 fnukad 19&3&86 dsvuqlkj fd;k tkosxkA

2- eq[;kokl tuin ds ckgj ds ftyksa dh ns'kh efnjk& mik;qDr] bZ0vkbZ0ch0 dsfunsZ'kkuqlkj

6 ekl esa ,d ckj

¼d½ fons'kh efnjk] rkM+h] ekax ,oa vU; nqdkusa

¼[k½ caf/kr xksnke

¼x½ vklouh

¼?k½ vkS|ksfxd bdkbZ

¼M+½ caf/kr@vcaf/kr fuekZ.k'kkyk;sa

¼p½ phuh feys&

o"kZ esa nks ckj

o"kZ esa nks ckj

o"kZ esa nks ckj

o"kZ esa nks ckj

uksV& mi;qZDr ds vykok fofHkUu vf/kdkfj;ksa lsvis{kk dh tkrh gS] fd os le;≤ ij vius{ks=kUrxZr vuqKkiuksa@bZdkb;ksa dk vkdfLed fujh{k.kdjsaxsA fujh{k.kksa esa idM+h xbZ xEHkhj vfu;ferrkvksadh lwpuk vxys ekg dh 7 rkjh[k rd bZ0vkbZ0ch0vuqHkkx esa fuEu izk:i esa izsf"kr djsaxs&

izk:i

1- Øekad%

2- fujh{k.k dh frfFk ,oa le;%

3- vklouh@phuh fey@ oaf/kr xksnke fujks/kd {ks= ,oa nqdku dk uke] ¼tuinlfgr½%

4- idM+h xbZ vfu;ferrk;sa%

¼izR;sd vfu;ferrk dk laf{kIr fooj.k fd;k tk;½ &&&&&&&&&&&&&

5- iz'kfer fd;k x;k vFkok vfHk;ksx&i= U;k;ky; esa Hkstk x;k%

¼d½ iz'keu 'kqYd ,oa pkyku la[;k ¼fnukad lfgr½ &&&&&&&&&&&&&&&&

¼[k½ U;k;ky; esa vfHk;ksx&i= Hkstus dk fnukad &&&&&&&&&&&&&&&&&&&

6- idM+h xbZ xEHkhj vfu;ferrk@fo"kSys] u'khys inkFkksZ ds vifeJ.k ds fo"k; esa laf{kIrfooj.k &&&&&&&&&&&&&&&&&&&&&&&&&&&&

7- LrEHk&6 ij mfYyf[kr vfu;ferrk D;k izFke ckj idM+h x;h gS\ ;fn ugha rks blizdkj dh iwoZ esa idM+h xbZ vfu;ferrk dk fooj.k &&&&&&&&&&&&&&&&&&&&&

8- LrEHk&**6^^ ij mfYyf[kr vfu;ferrk ds lUnHkZ esa lEcfU/kr fujh{kd ds fo:)izLrkfor dk;Zokgh &&&&&&&&&&&&&&&&&&&&&&&

9- vU; fooj.k &&&&&&&&&&&&&&&&&&&&&&&&

SECTION IX- Officers of the Land Revenue Department

59. Commissioners of revenue in relation to excise matters- Commissioners of thedivisions, while exercising no direct control over the internal administration of the ExciseDepartment, are expected to maintain a general supervision within their divisions over itsworking efficiency and to record their recommendations on all points which may appearto them to be open to criticism. To this end it is directed that they shall see all annual andsettlement reports and that all proposals from Collectors involving a change in principleor policy be submitted through the Divisional Commissioner to the ExciseCommissioner.

They should also be consulted on questions of policy both by collectors and bysuperior authorities. Collectors may refer to the Divisional Commissioner any order ofthe Excise Commissioner which they deem inexpedient. The Divisional Commissonermay then, if he agrees with the Collector and fails to convince the Excise Commissioner,refer the matter to the State Government.

60. The Collector- Subject to the general and direction of the Excise Commissioner, theadministration of the Excise department, in respect of fiscal policy and the prevention andprosecution of Excise crimes in any district shall be under the charge of the Collector ofthe district. In particular the collector is responsible for-

(1) the settlement of the number and location of shops to be licensed within thedistrict:

(2) selection of licenses;(3) renewal and cancellation of licences;(4) collection of licence fees;(5) control over the behaviour of licensed vendors;(6) the maintenance of district statistics and accounts;(7) all judicial work in connection with excise administration;(8) grant of rewards;(9) administration of contingent grants allotted to each district;

(10) control over the detective work of Police and Revenue officers; and(11) Proceedings against landholders, Lekhpals, Chaukidars, etc. for

contravention of provision of section 57 and under paragraphs 70, 75 and 76.Note- The collector shall consult the Deputy Excise Commissioner of the charge in allimportant matters whenever necessary.

61. The collector is expected to inspect the progress of Excise demands andcollections at headquarters and at tahsils from time to time. He should carefully scrutinizethe quarterly statements of consumption and crime, and if he finds that enough attentionis not being paid to case work either by the Police or Excise Staff, he should take steps tohave the defect remedied. He should inspect distilleries and bonded warehouses at leastonce a year. He should also examine the District Excise Note Book (Paragraph 205) atleast once a year and record therein any observations which he deems necessary oruseful.

62. In urgent cases, the Collector may issue orders in other matters also to the districtExcise staff. But ordinarily he should communicate with the Deputy ExciseCommissioner in all matter outside the branches of administration mentioned in thepreceding paragraph.

63. In districts where departmental officers have not been appointed as District ExciseOfficers, the Collector may appoint an Assistant Collector of not less than three year'sstanding to be the Excise officer in subordinate charge of the branches of exciseadministration entrusted to him; provided that with the Excise Commissioners sanction,he may so appoint an Assistant Collector of even less than three year's standing. Theofficers so appointed shall be called the District Excise officer.

64. The District Excise Officer should be one whose ordinary duties admit of hisspending the touring season in camp; the appointment of an officer who is compelled toremain at headquarters, as for instance, a treasury officer, should be avoided excepts as aspecial and temporary measure.

65. Other sub-divisional officer- (1) It is to be particularly observed that theappointment of the District Excise Officer in no way lessens the responsibility of the restof the district staff for the supervision within their respective jurisdiction of the branchesof excise administration partifularly entrusted to them by the Collector.(2) Tour instructions- On before October 15 in each year, the Collector shall draw up theexcise tour instructions for the guidance of the District Excise Officer and other sub-divisional officers. The instructions should specify all points on which both generalinformation and information regarding particular areas is required in regard to theworking of the existing excise arrangements the sufficiency or otherwise of the numberof shops for the sale of intoxicants, the existence of illicit distillation, smuggling andother forms of Excise crime, the conduct of excise licenses, the opinions of theconsuming and non-consuming public and generally all matters affecting the exciseadministration of the district. By the end of their cold weather tour, and not later thanMay 1, these officers shall submit their reports to the Collector on the points covered by

the instructions with any suggestion which they may have to make as to opening orclosing of shops.

66. Tahsildar- The Collector hs been authorized to delegate his powers undersection 48 of the Excise Act to all officers of the Land Revenue Department, not belowthe rank of a Tahsildar, who are subordinate to him. This power shall ordinarily bedelegated and Tahsildars shall be called upon to inspect licensed premises for the sale ofintoxicants, opium and dangerous drugs, whenever possible.

67. Collection of Excise revenue primary duty of Tahsildar- The Tahsildar's primaryduty is the punctual collection of the excise demand. Punctual collection is of specialimportance in the case of small licensees. Trivial arrears, if allowed to accumulate,usually results in an irrecoverable balance.

68. Preventive and detective duties of Tahsildar- Tahsildar is also an excise officer,and in that capacity, is bound to use every means in his power to prevent and detectbreaches of the excise laws and rules. For this purpose, he is supplied monthly by theCollector's office with statement in form G-17 showing the issues of country spirit anddrugs to each shop in his tahsil. A systematic examination of these statements shouldenable him to judge what relation the illicit consumption of country spirit bears to theprobable actual demand, and thus to indicate the areas in which there is most reason tosuspect illicit practice. Similar vigilance should be maintained with regard to the supplyand sale of drugs.

69. Local inspection of shops by Tahsildar- It is further, the particular duty of theTahsildar to acquire such special local knowledge as is required for the successfulsettlement of all excise shops. He should be in a position to give accurate information asto the pecuniary circumstances, the personal character, and the local relationship andinter-dependence oof the various licensed vendors.

70. Liability of owners and occupiers of land their agents for conniving atillicit distillation- The provisions of section 57 under which owners and occupiers ofland and village official are bound to give information should not be overlooked, and theresponsibility of such persons should, where possible, be brought home to them. Failureto give information is punishable under section 68.

SECTION X- OFFICERS OF THE POLICE DEPARTMENT71. Excise staff in addition to, not in place of, the police- The appointment of ExciseInspectors has not relieved the Police of the duties of detection and prosecution of exciseoffences. Excise Inspectors and Police officers are like agents responsible for theexecution of these duties. Officers of both departments should help one another whenjoint action is needed or when the excise Inspector is in need of men for conductingsearches and making enquiries.

72. Inspection of shops by Police Officer- All Police Officers not below the rank of anofficer-in-charge of a police station have been empowered under section 48 of the ExciseAct to enter and inspect places of manufacture and sale of intoxicants. Superintendents of

Police should instruct their subordinates who have been so empowered to inspect suchpremises whenever possible.

73. Prosecution of Excise cases by Prosecuting Staff- The Inspector-General of Policehas agreed to allow the prosecution of excise cases sent up by officers of the ExciseDepartment by the prosecuting staff of the police provided that they are available and theobjection to their appearing in such case. Whenever, therefore, it is necessary thatimportant excise and opium cases should be prosecuted by Prosecuting Inspectors or Sub-Inspectors, Officers of the Excise Department should approach the District Magistrateand the Superintendent of Police for the loan of the services of these officers.

74. Station Officers to take arrested persons and articles seized into custody-Officers-in-charge of police stations are required to take into custody such personsarrested by officers of the Excise Department as are unable to furnish bail. They are alsorequired to take charge of and take into safe custody all articles seized pending orders ofa Magistrate (section 58 of the Excise Act).

75. Village headman- The duties imposed on village headman and others by section 57of the Excise Act should be strictly enforced. A village headman who fails to give noticeof the illicit manufacture of any intoxicant or of the illicit cultivation of plants producingintoxicating drugs immediately such illicit manufacture or cultivation has come to hisnotice, should be promptly reported to the District Magistrate for prosecution undersection 68 of the Excise Act.

76. Village Chaukidar- The duties imposed on village Chaukidars by section 56 of theExcise Act should be impressed upon them. As a rule, the offence of illicit distillation ofspirit is not one which can be carried on for any length of time without coming to thenotice of village headman landholders and Chaukidars. In all cases of illicit manufactureof spirit in which the Chaukidar, within whose beat the illicit still or implements havebeen found, is not himself the informer an inquiry should be made into the conduct of theChaukidar by the Superintendent of Police and, if there is any reason to believe him suiltyof connivance, he should be dismissed. If he is found guilty of negligence, he should beseverely punished.

SECTION XI-Relations between Department77. Deputy Excise Commissioners to call on district officers- Deputy ExciseCommissioners should remain in close touch with district officers and for this purposeshould invariably call on them when they visit a district on tour.

78. District Excise Conferences- When the district officer deems it expedient to consultthe district staff on questions relating to excise policy or administration, or to arrange forconcerted action between the excise staff and the police, he should summon a conferencefor the purpose, consisting of the Superintendent of police, the Deputy ExciseCommissioner, the District Excise Officer, the Police and Excise Inspectors of the districtand any other officers, whose attendance he may consider necessary. A copy of the

proceedings shall be forwarded to the Excise Commissioner, through the DivisionalCommissioner.79. Excise staff to co-operate with Police- Officers of the Excise Department shall co-operate with Police Officers in the detection and proseqution of excise offences. Anyinstance of jealous or obstructive working will be severely punished. Excise Inspectorsshould take every opportunity of meeting the Police Officer incharge of stations situatedin their respective circle and of discussing informally excise matters with them. DeputyCommissioners in their inspection reports should note how these instructions have beencomplied with.

80. Quarterly statements of consumption and crime- In order that the activities of theofficers of the Excise Department and Police Officers may be regularly brought to thenotice of the District Magistrate he will obtain from each local Excise Inspector aquarterly statement for his circle in Form G-24A. showing separately the excise casessent up by the excise staff and the police in his circule and the quarterly consumptionfigures for the current and preceding three years. The statement should be put up beforethe District Magistrate in duplicate not later than the 15th of the month following theclose of the quarter. Attention is specially invited to notes 2 and 3 which necessitatecareful scrutiny of each case by the District Excise who should be asked to submit hisreport along with the statement for the consideration of the District Magistrate. Too muchemphasis cannot be laid on the careful compliance with the provisions of paragraphs 70,75 and 76 of this Manual.

The District Magistrate should forward both copies of the statement with hisremarks to the Excise Commissioner throught the Deputy Excise Commissioner of thecharge not later than the 20th of the month. The latter will add his own remarks andforward one copy of the statement to the Excise Commissioner. If, as a result of thequarterly scrutiny, the District magistrate finds that a conference of the officers of thePolice and Excise Department would be useful he should hold one under paragraph 78.

81. Co-operation in case detected by the Police- Excise Inspectors are requirednot only to make their own inquiries and detect cases themselves, but also to assist andco-operate with the police in cases detected by the Police.

In cases detected by the Police, Excise Officers should place all availableinformation, papers, etc. at the disposal of the police, and should give all the assistance intheir power in the furtherance of investigation and prosecution.

In cases sent up by officers of the Excise Department the assistance afforded inany shape by the police should be specially acknowledged and reported.

82. Co-operation in cases detected by officers of the Excise Department- Inimportant or difficult cases about which Excise Inspectors may have receivedinformation, the assistance of the Police should be asked for. In making searches theassistance of the Police should usually be asked for unless the delay involved mightcaused the search to fail.

SECTION XII- Special Excise StaffI Joint Excise Commissioners

83. (a) the joint Excise Commissioners constitute the Uttar Pradesh Excise Group 'A'service in the senior scale. Except joint Excise Commissioner, Joint Excise

Commissioners are recruted by the State Government under the Uttar Pradesh ExciseGroups 'A' Service Rules 1983, which are contained in Excise Manual Volume-VI.Recruitment of Joint Excise Commissioner is made under executive orders issued by theState Government.

(b) The Government appoints such number of joint Excise Commissioners as maybe required for the proper administration of the department and distributes the districtsamong them.

(c) The Zone of a Joint Excise Commissioner includes a group of charges in oneof which he has his headquarters. There are at present four zones joint ExciseCommissioners. Distribution of the charges among these Joint Excise Commissioner is asunder:-Name of Zone Headquarters Charges of the Deputy Excise

Commissioner included inthe Zone

Meerut Meerut 1. Meerut2. Moradabad3. Garhwal

Agra Agra 1. Agra2. Kanpur3. Jhansi

Varanasi Varanasi 1. Varanasi2. Gorakhpur3. Allahabad

Lucknow Lucknow 1. Lucknow2. Faizabad3. Bareilly4. Kummaun

Besides the above Zonal Joint Excise Commissioners, three Joint ExciseCommissioners are posted at the headquarters of the Excise Commissioner. Of these, onein joint Excise Commissioner incharge Excise Intelligence Bureau, second is joint ExciseCommissioner headquarters and the third is joint Excise Commissioner inchargeDepartment Chemical Laboratory.

II Deputy Excise Commissioner84. The Deputy Excise Commissioners constitutes the Uttar Pradesh Excise Group 'A'service and are recruited by the State Government. Uttar Pradesh Excise Group 'A'Service Rules, 1983 which regulate the recruitment and conditions of service and arecontained in the Excise Manual, Volume-VI.85. The Government shall appoint such number of Deputy Excise Commissioners as maybe required for the proper administration of the Department and distribute the districtsamong their charges.86. The charge of a Deputy Excise Commissioner includes a group of several districts inone of which he has his headquarters. These territorial charges are at present as follows:-S.No.

Name of the charge Head Quarters District included inthe charge.

1. Meerut charge Meerut Meerut,Bulandshahar,Muzaffarnagar,Saharanpur &Ghaziabad.

2. Agra charge Agra Agra, Aligarh,Mathura, Etah,Mainpuri.

3. Garhwal charge Dehradun Dehradun, Tehri-Garhwal, Pauri-Garhwal, Chamoliand Uttar Kashi.

4. Moradabad charge Moradabad Moradabad, Rampur,Bijnor.

5. Bareilly charge Bareilly Bareilly, Badaun,Pilibhit andSaharanpur.

6. Kumaun charge Nainital Nainital, Almora,Pithoragarh.

7. Lucknow charge Lucknow Lucknow, Hardoi,Kheri, Rai Bareilly,Sitapur, Unnao.

8. Faizabad charge Faizabad Faizabad, Bahraich,Barabanki, Gondaand Sultanpur.

9. Gorakhpur charge Gorakhpur Gorakhpur,Azamgarh, Deoria,Mau, Basti.

10. Varanasi charge Varanasi Varanasi, Ballia,Ghazipur, Jaunpurand Mirzapur.

11. Jhansi charge Jhansi Jhansi, Banda,Hamirpur, Jalaun,Lalitpur.

12. Allahabad charge Allahabad Allahabad, Fatehpur,Pratapgarh.

13. Kanpur charge Kanpur Kanpur Nagar,Kanpur Dehat,Etawa, Farrukhabad.

87. Besides the above preventive charges four Deputy Excise Commissioner are posted tothe headquarters of the Excise Commissioner while one Deputy Excise Commissioner isposted to the Training Center at Jais. Out of the four Deputy Excise Commissioners, areattached to the Excise Intelligence Bureau and the fourth is posted as incharge of thelegal section at the Head Quarter of the Excise Commissioner.

88. Excise staff - The Excise Commissioner may allot such number of Excise Inspectors,Excise Clerks and Excise Constables and other subordinate staff to each district as areneeded by local requirement. The staff will work directly under the control of anAssistant Excise Commissioner or Superintendent staff of Excise, as the case may beDeputy Excise Commissioners of charges.89. Duties - The Deputy Excise Commissioner shall responsible for the efficientadministration of the department within his charge in all branches except those entrustedto he District Officer under paragraph 60, and must for the purpose both guise and controlthe Excise Staff subordinate to him. He shall consult the District Officer on all importantpoints.90. Deputy Excise Commissioners are empowered to issue detailed or special instructionswhere necessary to the Excise staff subordinate to them and shall keep a constant watchon the progress of work of Excise Inspectors through their daily diaries and registers andby the local verification of work shown by them as done. For this purpose, they shallinspect themselves as many licensed excise shops as possible and get into touch withlocal residents and Government officials. They shall inspect distilleries, bondedwarehouses, wholesale depots and the accounts maintained therein the registers returns,etc. kept in the districts offices and at tahsils and the premises, accounts and stock ofEuropeans firms holding excise licences.91. Monthly report - Deputy Excise Commissioners ahall submit to the ExciseCommissioner for his information not later than the 25th of the month a report on thework done during the previous month by each Inspector in Form D-3-B and a statementshowing the movements and work done by themselves Form D-3-A, not later than the 7thof the month following that to which it relates.In the statement D-3-B Deputy Excise Commissioner should comment and make ageneral appraisal of work of Excise Inspectors. They should comment upon touring, nighthalts, shops and village, inspections, fluctuations in the issue of intoxicants and detectionwork put in by each Inspector. Any other matter considered important from the points ofvies of Excise Administration or Revenue should also be pointed out and suggestionsmade for removal of defects.92. Period of touring - Deputy Excise Commissioners are required to be on tour as ageneral rule for not less than 150 days in the year but the Excise Commissioner isauthorized to relax this rule, if necessary, and to issue instructions regarding thedistribution of the days spent on tour over different parts of the year.Out of 150 tour days prescribed above, 60 tour days will be put in during the months ofApril to September, (or roughly ten days per month) and the remaining 90 days fromOctober to March (or roughly 15 days per month).The deputy Excise Commissioner will draw his monthly tour program such that tour daysare evenly distributed in two or three stages each or about five days. Copy of the tourprogram will be sent confidentially to the Excise Commissioner by the 25th of the monthpreceding. Deviations, if any from the projected tour program for the succeeding month.93. Inspection of distilleries and breweries - (1) The inspection of distilleriesnecessitates a very careful examination of all wash, vessels, stills; apparatus, etc., usedand stock-taking and examination of the quality, strength, storage, etc., of spirit producedwith a view to ensuring that all rules, to be observed by the distillers and by the ExciseStaff incharge of the distillery, are duly enforced. The accounts and registers maintained

at the distillery must be checked and scrutinized in detail. The instruments, weights andmeasures maintained by the Inspector or Inspectors incharge should be verified andstandardized at least once every year.The highly technical nature of excise work at distilleries requires that the ExciseInspector or Inspectors incharge should obtain the advice and assistance of Deputy ExciseCommissioners freely.Each distillery must be inspected at least once every two months.(2) At each inspection of a brewery, the Deputy Excise Commissioner should examinethe work, vessels and apparatus and the liquor produced and see that all rules relating tobreweries are observed by the brewers. The accounts should be examined in detail with aview to ensure that they are properly maintained.Every brewery should be inspected at least once every six months.94. Inspection of bonded warehouses - The inspection of bonded warehouses involves acareful examination of buildings, plants, chests, materials, etc. Care should be exercisedin taking stock and checking the strength, quality and litrage of spirit and of the qualityand of weight of hemp drugs, with a view to seeing that the rules relating to bondedwarehouses are properly observed. The opportunities for pilferage of the liquor or hempdrugs at bonded warehouse increase if the inspecting officers are not sufficiently vigilant.Transit and storage wastages also require close attention the attendant circumstancesshould be considered before any recommendations are made to the Excise Commissionerin this connection.The excise department is responsible for the upkeep and proper repair of bondedwarehouses and their appurtenances. The Deputy Excise Commissioner must bringdefects of any king in them to the notice of the Excise Commissioner. He is alsoresponsible for the carrying out of repairs, execution of works not under the PublicWorks Department and for the removal of defects.Each bonded warehouse must be inspected at least once every three months, and theinstruments weights and measures in use must be standardized at least once a year.95. Deputy Excise Commissioners, shall once a year, check the boundaries of alldepartmental buildings within their charge to see that no encroachments have taken place.If any encroachment is disclosed they should take steps to have the land restored to thedepartment by referring the matter to the Collector.96. Inspection of preventive and detective and detective work of Excise Inspectors -The inspection of preventive and detective work of Excise Inspectors involves a closescrutiny of the daily diaries, tour programmes, registers of issues, shops registers,registers of licensed. vendors, and other registers and periodical returns compiled underthe rules by Excise Inspectors of circles within the Deputy Excise Commissioner'scharge. While much may be done to improve the quality of Exercise Inspector'spreventive and detective work by attention to these records and by orders passed thereon,it is essential that the Assistant Excise Commissioner should as often as possible makehis own independent inspection of shops, and consult public opinion of importantlocalities as to whether shops situated therein are being conducted according to the rules,and as to the prevalence or otherwise of excise and opium crime. The Deputy ExciseCommissioner will fix for each shop the number of inspections to be made within theyear, having paid due regard to the importance of particular shops and localities and to

other duties which may devolve upon Inspectors in addition to their preventive anddetective duties.He may also prescribe periodical visits by Inspectors to particular localities or places intheir circles which he may have reason to think to be centres of excise crime or to requirepeirodical inspection for any other reason, whether excise shops be inspected at leastonce every three months. The Deputy Excise Commissioner will mark 'D. R.' on themarfin of his inspection note defects, follow up whereof is considered necessary by him.Such defects will be entered by the Excise Inspector in the Defect Register in Form O-42maintained by him for being removed without delay.Security of preventive and detective work involves also examination of Judicial cases inwhich the order of conviction, discharge or acquittal seems to require the attention of theExcise Commissioner.

97. Inspection of district officers - At least once every three months, on his visit to adistrict for inspection work, the Deputy Excise Commissioner will inspect the districtExcise Office and in particular check the accounts maintained in Collectorate (1) ofsecurity deposits by licensed vendors, (2) of assessment, demand and receipt of licensefees for shops, (3) of duty and gees credited into the treasury and (4) of payments made tocontractors, etc. The calculations made by the clerks of the district office should becarefully checked. Particular attention must be paid to the existence of arrears of licencefees and to delays in payments to cotractors and the attention of the Collector to suchcases should be invited without delay. He should also see the pay bills are preparedcorrectly and punctually, that travelling bills are passed expeditionly, that annualincrements are drawn in time and arrears of increments sue to all categories of excisestaff ate drawn without delay and the prescribed statements and returns are submittedpunctually, He should examine that the service rolls are uptodate and there has beendelay in the preparation of pension papers.

98. The Deputy Excise Commissioner is the drawing and disbursing officer in matters oftravelling allowance, disbursement of pay and of contingent expenditure of his office,establishment. The accounts of all such expenditure and supply of stationary and formsare maintained by him. He has control of the appointment, leave, punishment, etc. ofexcise constables with in his charge.

99. The Deputy Excise Commissioner will inspect his office at least once in six months.During such inspection action taken for implementing various orders issued from time totime should be particularly scrutinized. He should all so see that pay bills contingent andnon-contingent bills are prepared correctly and punctually, that travelling bills are passedexpeditiously, that annual increments due to all categories of excise staff are drawnwithout delay an that the prescribed statements and returns are submitted punctually heshould examine that the service rolls are uptodate and that there has been no delay in thepreparation of pension papers.

III ASSISTANT EXCISE COMMISSIONERS

100. Assistant Excise Commissioners constitute the Utter Pradesh Excise Service (ClassII). Rules regarding their appointment, pay, promotion, etc. are contained in ExciseManual, Volume VI.

101. Assistant Excise Commissioners are posted to the following duties :-

(1) Incharge of the excise administration of the district under the subordination of theCollector.

(2) Officers-in-charge of distilleries.

(3) Incharge of Enforcement Squad, posted at the headquarters of the Deputy ExciseCommissioners.

(4) At the head quarters of Excise Commissioners, U.P.

102. Assistant Excise Commissioner is the controlling officer regarding pay, travellingallowance and contingent expenses of the Excise Inspectors, Clerks, excise constablesand other staff working under them. He shall guide the subordinate staff and help them intheir work. He shall also consult the Deputy Excise Commissioner in all importantmatters.

103. District Assistant Excise Commissioner, Assistant Excise Commissioner posted asincharge of a district is responsible in subordination to the Collector for :-

(1) The settlement of the number and location of shops to be licensed within the district.

(2) Selection of licensees.

(3) Renewal and cancellation of licenses.

(4) Collection of license fees.

(5) Control over the behaviour of licensed vendors

(6) The maintenance of District Statistics are Accounts.

(7) Administration of contingent grants allotted to the districts.

(8) Grant of awards.

(9) Powers under section 16 of the said act to grant asses :

(i) For the export and transport of intxicants exceeding the quantity prescribed undersection 15.

(ii) Powers under section 20 to grant permits for the possession of intoexicants in excessof the quantity declared in section 6 upto the limits of sale by retails.

He is also responsible for the enforcement of excise laws and rules. He has to supervisethe investigation and prosecution of excise case. He is to conduct the raids of centers ofillicit distillation and smuggling of intoxicants. He is also required to prevent illicitrequired to inspect Tari, Bhang, country spirit, foreign liquor, denatured spirit shops,distilleries, bonded warehouses, bonded/non-bonded pharmacies and alcohol basedindustrial units, industrial units.

Assistant Excise Commissioner shall watch the progress of the staff under him throughtheir daily diaries, registers and periodical returns as also by local inspection of theirwork. After securing the diaries shall be forwarded to the Deputy Excise Commissionerof the charge concerned. Copies of inspection notes by the Assistant ExciseCommissioners shall alxo be forwarded to the Deputy Excise Commissioner concerned.He shall submit to the Excise Commissioner through the Deputy Excise Commissioner astatement not later than of each month, with comments in Form D-3B, on the work doneby each Excise Inspector under him in pervious month and a statement in Form D-7,regarding the work done by himself not later than 7th of each following the month towhich it relates.

104. Assistant Excise Commissioner I/c distilleries - An Assistant ExciseCommissioner I/c of a distillery is responsible for the supervision and control of thedistillery and the excise staff posted thereto. He shall enforce all precaution any measuresagainst illicit issue of spirit and evasion of excise duty and take all necessary steps for thedue observance of the laws and rules. He shall inspect the work of the Excise Inspectorand the distillery according to the scale prescribed by the Excise Commissioner. All casesof illicit issues theft leakage and pilferage of spirit involving loss of revenue shall bereported immediately to the Deputy Excise Commissioner of the Charge and the ExciseCommissioner.

105. Assistant Excise Commissioner (Enforcement) - Assistant ExciseCommissioner (Enforcement) functions under the direction and control of the Join ExciseCommissioner, Excise Intelligence Bureau. He is incharge on an Enforcement Squadconsisting of two Excise Inspectors and nine excise constables for the prevention andcontrol of illicit distillation and smuggling of intoxicants within the charge of the DeputyExcise Commissioner to which is is posted. He also conduct inquiries in the complaintsagainst excise staff and licensees.

IV SUPERINTENDENTS OF EXCISE

106. Superintendents of Excise constitute the Uttar Pradesh Superintendent of ExciseService Rules regarding theit appointment, pay, promotion, etc, will be found in ExciseManual Volume VI.

Superintendent of Excise are posted to the following duties :-

(1) Incharge of the excise administration of the district under the subordination of theCollector.

(2) Officer-in-charge of distilleries.

(3) Incharge of Ganja and Charas Squad.

(4) At the headquarter of the Excise Commissioner, U.P.

Superintendents of Excise is the Controlling Officer regarding pay, travelling andcontingent expenses of the excise staff and office establishment posted under them. Heshall guide the subordinate staff and help them in their work. He shall also consult theDeputy Excise Commissioner in all important matters.

107. District Superintendents of Excise - District Superintendent of Excise are postedto unimportant districts. They have the same functions and duties to perform as theAssisrtant Excise Commissioner incharge of a district.

Superintendents of Excise Distilleries - Superintendents of Excise are posted tounimportant distilleries. They have the functions and duties to perform as the AssistantExcise Commissioner incharge of a distillery.

108. Superintendents of Excise Ganja and Charas Squad - Superintendents of ExciseGanja and Charas Squad incharge of a squad posted for the prevention of smuggling ofGanja and Charas. The duties and functions of the Superintendent of Excise Ganja Squadare given in the Government Notification No. 230E/XIII-348-54, dated October 23, 1957,as amended by Government Notification No. 4812-E/XIII-348-58, dated January 17,1959.

V EXCISE INSPECTORS

A - GENERAL109. Excise Inspectors constitute the Utter Pradesh Subordinate Excise Service. Rulesregarding their appointment, promotion, etc. will be found in Excise Manual, Volume VI.

Excise Inspectors are posted in all the districts of the State to the following duties :-

(1) Preventive circles - for the supervision of shops and prevention and prosecution ofExcise opium and miscellaneous offences with which the department has to deal with.

(2) Distilleries - for the proper manufacture of potable and commercial spirits and PowerAlcohol and their storage and issue in accordance with rules.

(3) Bounded Warehouse, established for the storage and issue of Country Spirit andHemp Drugs.

(4) Bonded Manufactories licensed under the Medicinal and Toilet Preparations (ExciseDuties) Act, 1955 and the rules made thereunder.

(5) Power Alcohol Mixing Depots- for supervision over the storage and mixing of Poweralcohol.

(6) Molasses Duty for proper supervision over storage and distribution of molassesproduced in sugar factories.

(7) Prohibition circles- for detection and prosecution of excise and opium offences.

(8) Special Squads- for prevention of local and inter-State smuggling of Ganja, Charas,Opium etc.

An Excise Inspector may be placed in-charge of one or more of these duties.

Excise Inspector also hold the following special posts:

(i) Special detective and investigating officers attached to Excise IntelligenceBureau.

(ii) Special Inspecting Officer on the personal staff of the Excise Commissioner.

(iii) Excise Inspector incharge of criminal investigation work.

B- Allowances

110. Each Excise Inspector is paid fixed country stationary allowance of Rs. 2 permonth.

111. For rules governing Travelling Allowance see Financial Handbook, Volume III.

C-Leave

112.(1) An application for leave other than casual leave should ordinarily reach theExcise Commissioner at least one month before the date on which it is desired that theleave should commence.

(2) An Excise Inspector shall submit his application for leave to the DeputyExcise Commissioner concerned through his immediate officer after first informing theCollector of the district of its contents. An application for leave which does not state thatthe Collector has been informed of its contents, will ordinarily be returned by the DeputyExcise Commissioner to the Excise Inspector concerned.

(3) Applications should be submitted direct by the Deputy Excise Commissionerto the Excise Commissioner in whose office the admissibility of the leave applied for willbe verified.

(4) The Deputy Excise Commissioner and the Collector will be informed by theExcise Commissioner of the orders passed on the applications.

(5) The following general instructions for the better regulation and control ofleave are also laid down and they will be strictly enforced:

(i) Excise Inspectors have already been asked to give two months intimation oftheir intention to proceed on leave and they have been told that in case they fail to givesuch intimation, their application for leave will be liable to be refused. Such notices will,of course, be not required when leave is wanted on medical grounds.

(ii) It is found that applications for extension of leave are fairly common. Ongeneral grounds, it is desirable to discourage requests for extension of leave. Leaveshould not, as a rule, be applied for piecemeal. Excise Inspectors will, ordinarily, beexpected to make up their minds in the beginning about the total length of leave theyrequire. Extensions of leave result in serious inconvenience and tend to cause muchdislocation of work. Unless special circumstances exist, applications for extension will berefused except when the extension of leave is requested on medical grounds. Whenextension is desired for reasons of health, such applications must invariably be

accompanied by a proper medical certificate. Similarly, applications for the initial grantof leave for reasons of health should also be supported by medical certificate.

(iii) Where an Inspector does not take leave exceeding one month, it will not,ordinarily, be possible to send a substitute from outside; but in cases where more than amonth's leave is sanctioned, a substitute will, invariably, be arranged for from outside andan Inspector incharge of another circle will not be expected to hold additional charge ofthe circle.

(iv) Deputy Excise Commissioners should see that substitutes are provided forvacancies which will last for more than a month without avoidable delay.

(v) These orders apply to the leave other than casual leave.

113. Casual leave not exceeding the period prescribed by the orders ofGovernment may be granted by Deputy Excise Commissioners.

A Deputy Excise Commissioner granting casual leave must promptly inform theCollector of the fact.

In very urgent cases a Collector may grant casual leave not exceeding three daysto an Excise Inspector. In such cases he must promptly inform the Deputy ExciseCommissioner of the fact.

D- Control and Conduct

114. Control of the Excise Commissioner- Subject to the rule in the appointment,confirmation and transfer of Excise Inspectors will be made by the Excise Commissioner.The power of punishment of an Excise Inspector including his removal or dismissal isvested in the Excise Commissioner, who may also withhold increments under the time-scale for misconduct or unsatisfactory work.

115. Relation with licensees of Excise Inspectors- Inspectors are forbidden to stay inthe house or at the expense of any Excise contractors or licence holder or to placethemselves under any obligation to such persons.116- vkcdkjh fujh{kdksa dh okf"kZd izfof"V;k¡ vafdr djk;s tkus gsrq foLrr le; lkfj.kh fuEuor~ fu/kkZfjr dhtkrh gS&

1- vkcdkjh fujh{kd ds laca/k esa ¼izoÙkZu dks NksM+dj½

¼d½ vkcdkjh fujh{kd LoewY;kadu djds viuk dk;Z&fooj.k rhu izfr;ksa esa vkcdkjhv/kh{kd@lgk;d vkcdkjh vk;qDr dks foyEcre fnukad 30 vizSy] rd vo'; miyC/k djk nsaxsA

¼[k½ vkcdkjh v/kh{kd@ lgk;d vkcdkjh vk;qDr mDr dk;Z&fooj.k ij viuk er vafdr djdslacaf/kr mi vkcdkjh vk;qDr] izHkkj dks fnukad 7 ebZ rd miyC/k djk nsaxsA ;fn dk;Z&fooj.k u izkIr gks rksHkh lacaf/kr deZpkjh dh f'kfFkyrk dk mYys[k djrs gq, mlds dk;Z ij viuk er vafdr djds mi vkcdkjhvk;qDr izHkkj dks dk;Z&fooj.k 7 ebZ rd miyC/k djk nsaxsA

¼x½ mi vkcdkjh vk;qDr] izHkkj mDr dk;Z&fooj.k ij viuk er vafdr djkdj dk;Z&fooj.k dh ,dizfr lacaf/kr ftykf/kdkjh dks ,oa nwljh izfr vkcdkjh vk;qDr dks lh/ks 15 ebZ rd miyC/k djk nsaxsA

¼?k½ lacaf/kr ftykf/kdkjh mDr dk;Z&fooj.k ij viuk er vafdr djkdj dk;Z&fooj.k vkcdkjhvk;qDr dks fnukad 31 ebZ rd miyC/k djk nsaxsA

2- vkcdkjh fujh{kd ¼izorZu½ ds laca/k esa&

¼d½ leLr vkcdkjh fujh{kd ¼izorZu½ LoewY;kadu djds viuk dk;Z&fooj.k rhu izfr;ksa esa viuslgk;d vkcdkjh vk;qDr ¼izorZu½ dks 30 vizSy rd miyC/k djk nsaxsA

¼[k½ lgk;d vkcdkjh vk;qDr ¼izorZu½ mDr dk;Z&fooj.k ij viuk er vafdr djkdj dk;Z&fooj.kla;qDr vkcdkjh vk;qDr bZ0vkbZ0ch0 dks fnukad 15 ebZ rd miyC/k djk nsaxsA

¼x½ la;qDr vkcdkjh vk;qDr bZ0vkbZ0ch0 mDr dk;Z&fooj.k ij viuk er vafdr djkdjdk;Z&fooj.k 31 ebZ rd vkcdkjh vk;qDr dks miyC/k djk nsaxsA

rn~uUrj vkcdkjh vk;qDr Lo;a vius dk;kZy; esa j[kh xbZ pfj= iaftdk esa izR;sd vkcdkjh fujh{kd dhdk;Z&dq'kyrk ,oa lR;fu"Bk ds laca/k esa vDVwcj ls iwoZ viuk lqfopkfjr er vafdr djasxsA vkcdkjh vk;qDrdk er vius O;fDrxr izs{k.k rFkk Kku ¼;fn dksbZ gks½ rFkk mi vkcdkjh vk;qDr ,oa ftykf/kdkjh dh fjiksVksZaij vk/kkfjr gksxkA tc vkcdkjh vk;qDr ds fopkj ls mlds }kjk vafdr er vkcdkjh fujh{kd dh izksUufr dksdqizHkkfor djsxk rc og bls lacaf/kr vkcdkjh fujh{kd dks lwfpr djsxk vkSj ;g ns[ksxk fd ,slk dj fn;kx;k gSA

FORM OF INTEGRITY CERTIFICATE

"Nothing has come to my knowledge which casts any reflection on the integrity ofSri____________ . His general reputation for honesty id good and I certify his integrity."

E - DUTIES

117. Circles, headquarters and touring - A definite circle will be allotted by the ExciseCommissioner to each Inspector who will not permit to leave it without orders exceptunder special circumstances which must always be explained.

For each circle headquarters will be fixed. An Inspector is required as a generalrule to be on tour and away from headquarters for not less than 175 days in the year. TheDeputy Excise Commissioner authorized to relax this rule is necessary specially in thecase of Inspectors who are incharge of bonded warehouses and to issue instructionsregarding the distribution of the year. This is one of the matters in which Collectorsshould be consulted (See paragraph 89).

The deputy Excise Commissioner should send immediately a copy of any orderrelaxing the rule to the Excise Commissioner.

118. Submission of diary and its abstract - A daily diary in Form D-8 must bemaintained in triplicate. Excise will submit the duplicate and triplicate to his immediateofficer who will retain one copy and forward the other to the Deputy ExciseCommissioner. Diary for a particular week will be submitted on the 1st, 8th, 16th and23rd of each month. Entries in the register in Form D-3-C maintained by the ExciseInspector will be made on the basis of the weekly abstract. Institutions for maintainingthe daily diary are given in the prescribed Form D-8.

In the course of village inspection the liabilities of owners and occupiers of land undersection 57 of the Act should be impressed upon them. The names of persons so instructedshould be entered in the diary. Each Excise Inspector shall also submit reports of theresults of inquiries on special or general points on which information is desired by theDeputy Excise Commissioner or by District Excise Officer or to the Deputy Excise

Commissioner of any discovery he may make og any offence against the excise laws orother matter requiring immediate notice.

119. Tour program - At the end of the weakly diary Excise Inspectors will embody aprogram of the tour projected for the following week. Deviation from the scheduledprogram, if any, should be explained in the diary of the day.

120. Maintenance of registers - Excise Inspectors are responsible for maintaining up-to-date the following registers:-

(1) The shop register (Form D-10) in which will be recorded the results of shopsinspections. Full directions regarding the points to be enquired into at inspection of shopsand notes to be recorded un this register are given in Form D-9 a copy of which shall beattached to each register.

(2) Register of licensed vendors (Form D-11. this need only be maintained in the case ofvendors who engage directly for their licenses and not for farmers' tenants. All notesregarding the work and character of the vendors should be submitted to the DeputyExcise Commissioner for approval before entry in this register.

(3) The village of Mohalla register (Form D-12)

It is meant to be a register of the villages in an Excise Inspector's circle which speciallyrequire his attention. It is essential to keep a close watch over them. because from thepoint of view of excise crime they are the worst villages in the circle. only such villagesshall be entered as required careful and frequent supervision either because (a) personsconvicted of excise offences who are likely to resort to excise crime in future live onthem; or (b) there are persons residing in them who have intimate connections withhabitual excise offenders; or (c) an excise offence of a serious nature has been committedin the village within the last three years; or (d) of the close proximity of a village to acenter of excise crime; or (e) for other special reasons. This register will be revised fromtime to time by the Excise Inspector under the orders of the Deputy Excise Commissionerbut a complete revision should be undertaken after three years. The Deputy ExciseCommissioner shall prescribe the scale of visits to each village having regard to suchprescribed local factors as the distances the Inspector has to cover, the accessibility of thevillages and the general conditions of excise work in the circle. Visits to the villages onthe register will be considered to be a matter of more importance than visiting villageswhich are not on the register. The scale shall be shown at the beginning of the pageallotted to each village. An index shall be prepared of all villages entered. Entries in theindex will be in the alphabetical order but in the register of villages need not be arrangedalphabetically. No village will be brought on to the list or expunged from it without theDeputy Excise Commissioner's permission. When the number of villages in any circlewhich under this rule should be shown in the register exceeds 100, only 100 villages,which are held to be the worst from the point of view of excise crime and need the mostvigilant attention on the part of the excise staff shall be entered. In the case ofmunicipalities, notified areas, and town areas entries shall be made in the village registerfor each Mohalla, separately. Names of the Mukhias will be omitted examine the villageregister carefully at his periodical inspections of the work of the Excise Inspector anddeal with the manner of its maintenance in his inspection note. Deputy ExciseCommissioner should consider it an important duty to see that these registers are properlykept up.

(4) Inspectors are required to keep confidential note-books in which they shall enter notesabout various important and confidential matters at the time of transfer from their circlesor when proceeding on 3 months leave provided they have held charge of the circle forsix months' at least. Inspectors who have been incharge of the circle for less than sixmonths may also write notes in this book but only of they have been permitted to do soby the Deputy Excise Commissioner.

The note-book will contain five parts, viz.

PART I - GENERAL

(a) General statistics about area and population.

(b) Physical features.

(c) Means of communication.

(d) Economic condition of the chief consuming classes of intoxicants and their principalsources of income.

(e) Tour and night halts.

(f) Prices of intoxicants - issue as well as retail.

PART II - ADMINISTRATIVE :

(a) Excise and Police - co-operation in detection and prosecution work.

(b) Local condition.

(c) Tari supervisors in respect of their honesty, intelligence, diligence, dependability, etc.

PART II - TEMPERENCE :

(a) Temperence movement - societies or associations.

(b) Caste Panchayats.

(c) Local fairs.

PART II - CRIME :

(a) Excise offences - concise notes regarding prevalence, distribution, prevention andcontrol of offences under each head separately.

(b) Excise shops needing vigilance.

(c) Habitual Excise offenders.

(d) Suspects - name and reasons for suspicion.

(e) Informers.

(f) Border crimes.

PART II - REVENUE :

(a) Working of the various systems of licensing.

(b) Monopolies regarding excise contracts.

(c) Undesirable licensees

(d) Excise venders delaying payments of Government dues.

(e) Excise shops.

Any other matter desired by the Deputy Excise Commissioner nay also be entered in thenote-book under supplementary headings. The Deputy Excise Commissioner willexamine the note-book carefully during the quarter ending June every year and see that itis kept up-to-date.

Each Excise Inspector will maintain a map of his circle in which places where excisecrime has been detected will be marked in accordance with the instructions noted below.Important roads and communications in the circle will also be shown in the map.

References Instructions for Preparing Circle Crime Map

1 2

1. District boundary

2. Circle __________

3. Railway *****

4. Illicit distillation cases O ∆

1. For every case detected within the circlethe Excise Inspector shall make a mark in themap at the place corresponding to the localitywhere the crime was committed according tothe approved Marks which are shown on themargin. Cases detected by the police shall beshown in red ink.

5. Road metalled

___________

___________

6. Road unmetalled

_______________

***************

2. Different marks shall be given for crimewhich consist of:-

(a) Local smuggling;

(b) Inter-district smuggling;

(c) Inter-State smuggling;

(d) Illicit distillation;

(e) Illegal cultivation of poppy; and

(f) Illegal cultivation of hemp plant.

7. Poppy cultivation Q

8. Hemp cultivation

9. River

3. The map need not be a very elaborate oneand it will be sufficient if the outlines of thecircle are drawn preferably on a piece oftracing cloth to the scale of one inch to amile.

10. Local smuggling cases of -

Country spirit ∆C.S.

Cocaine ........ ∆C

Opium .......... ∆O

Ganja ............ ∆G

Charas .......... ∆Ch.

Bhang ........... ∆B

4. The names of bordering circles whether ofthe same district or of any other districtshould be noted and all excise crimescommitted in the bordering circles within 3miles of the circle for which the map hasbeen prepared will also be marked in theprescribed way.

5. The map will be kept neatly folded in apacket on the inner side of the village registercardboard cover.

11. Inter-district smuggling cases of-


6. New maps will be prepared every year orat such longer intervals as the Deputy ExciseCommissioner may direct after considering


Opium .......... ∆O

Ganja ............ ∆G

Charas .......... ∆Ch.

Bhang ........... ∆B

the volume of crimes prevalent in the circle.Maps showing the State of crime shall bepreserved for 10 years.

12. Inter State smuggling case-



Opium .......... ∆O

Ganja ............ ∆G

Charas .......... ∆Ch.

Bhang ........... ∆B

7. In circle where there is not much crime itmay be possible to continue the entries in thesame map for a number of years after notingunder each mark the year in which the crimewas committed.

13. Shops will be shown by a simple X markand the matter "C.S.", "D", "T" and "F.L;",will indicate whether the shop is of countryspirit, drugs, tari of foreign liqor respectively.

121. Submission of monthly statement - After the close of each month Inspectors willsubmit with the travelling allowance bill a monthly statement of work in Form D-3-B tothe Assistant Excise Commissioner.

122. Excise Inspectors on preventive duty- An Excise Inspector on preventive duty isrequired to inspect minutely the working of all Excise arrangements, and enquiries intothe nature and extent of all suspected evasions of the law. He must bring to the notice ofhis superior officer any defect which he may discover or improvements which maysuggest themselves.

123. Duty of Excise Inspector in regard to collection & Tehsil Registers- The ExciseInspector will ensure payment of licence fee by the licence holders of his circle on duedate and report all cases of non-payment to the District Excise Officer on the day nextfollowing. for this he is authorised to examine all registers maintained under the rules attahsil. Tahsildars will direct the official incharge of excise registers to produce them onthe demand of the Excise. Inspector. He should examine the registers every month andrecord in his inspection note the result of his examination.

124. Inspection of shops- The points ordinarily requiring attention at theinspection of shops are detailed in Form D-9 but the list is not exhaustive and it should beborne in mind that inspection of shops is only a part of an Inspector's work; he mustfamiliarize himself with the business method of farmers and licensees and be particularlyalert in detecting trade combinations; he must also acquaint himself with the general

course of trade in excisable commodities, the classes which consume them and villages inwhich illicit practices are suspected.

125. Co-operation with other districts-It will sometimes be found advantageousfor Inspectors of adjoining districts to work together on the common border or in the caseof districts bordering upon other State with the inspectors of those States. Deputy ExciseCommissioners should arrange for this when it it considered necessary.

126. Scrutiny of sales and consignments in low duty areas- In districts wherespirit passes through a high duty zone to low duty area it is very necessary to verify thearrival in the low duty area of as many consignments as possible. The sales in the shopsadjoining a high duty area require careful scrutiny so that a shop may be removed in caseit is found that it is frequented by consumers from the high duty area.

127. Vigilance over hemp plant where collection of wild hemp is permitted-In the districts where the collection of wild hemp is permitted care should be taken thatvillagers do not water, manure or otherwise cultivate hemp plants which may have beenof spontaneous growth to start with. The existence of such plants in cultivated field isevidence of the fact that they have been intentionally preserved.

128. Conduct of prosecutions- An Excise Inspector, may with the permission ofthe Magistrate, under section 495 of the Criminal Procedure Code, be deputed by theCollector to conduct the prosecution in cases under the Excise, Opium and DangerousDrugs Laws when special circumstances render this desirable.

129. Charge of distillery or a bonded warehouse- When in charge of a distilleryor a warehouse it is the Excise Inspector's first duty to see that duty on all spirit or drugshas been correctly paid before they are issued, or in the case of issues under bond that theamount of duty leviable is covered by the bond. He should also control gauging, storageand issue of spirit, see that the prescribed accounts are regularly kept up and readilyenforce all precautionary measures against illicit issue of spirit or drugs.

VI D EPARTMENT EXCISE CLERKS

130. Department Excise Clerks are appointed:-

(a) to the establishment of the Excise Commissioner;

(b) to the joint Excise Commissioner's offices;

(c) to the Deputy Excise Commissioner's officers;

(d) to the Assistant Excise Commissioner's offices;

(e) to the office of Superintendents of Excise;

(f) to distilleries,

(g) to certain bonded warehouse; and

(h) to certain Collector's offices.

Note- Rules regarding their appointments, pay, promotion etc. will be found in ExciseManual, Volume VI. Travelling allowances admissible to excise clerks are governed byFinancial Handbook, Volume III.

131. Leave, other than casual leave, shall be granted by the Excise Commissioner,casual leave may be granted by their immediete officer not below the rank ofSuperintendent of Excise.

132. Control- Orders of promotion, transfer and punishment except censure shallbe passed by the Excise Commissioner only. Assistant Excise Commissioners have beenempowered to inflict the punishment of censure on the clerks working under them.

133.Report on Clerks-Assistant Excise Commissioners and Superintendents of Excise willsubmit reports on the work and conduct of excise clerks in their own offices to theDeputy Excise Commissioner of the charge who will after recording his remarks forwardthem to the Excise Commissioner during the month of May every year. Reports on theclerks employed in the offices of the Deputy Excise Commissioner and joint ExciseCommissioner will be submitted direct to the Excise Commissioner in May every year.The Excise Commissioner will make entries in the Character Rolls of clerks kept hisoffice before September.

In the month of may the Deputy Excise Commissioner will submit to theCollector concerned a report on the conduct and work of each clerk employed in abonded warehouse in his charge, which will be forwarded by the Collector to the ExciseCommissioner along with the reports on Inspectors. The annual report on the work andconduct of each clerk shall also contain a certificate of integrity in the following forms:

"Certified that nothing has come to my knowledge which caste any reflection onthe integrity of .................

134. Duties- Clerks appointed to distilleries and bonded warehouses will workunder the control and supervision of the Excise Inspector incharge, and those appointedto the offices of joint Excise Commissioners , Depury Excise Commissioners, AssistantExcise Commissioners and Superintendents of Excise shall work under their immediatesupervision and orders.

135. The duty of a clerk attached to a distillery or bonded warehouses is toprepare the passes, make entries in pass books, maintain the registers and prepare thereturns prescribed by these rules as required by the district or excise authorities. Whenattached to the offices of the departmental officers, the clerk's duty is to maintain theoffice registers, prepare all returns, and to attend to correspondence.

VII S UB-INSPECTORS OF EXCISE

136. Sub-Inspectors of Excise constitute the Subordinate Excise Service Rulesregarding their appointment, pay, promotion, etc. will be found in Excise Manual,Volume VI.

Note- Travelling allowances admissible to sub-Inspector of Excise are governed byFinancial Handbook, Volume III.

137. Sub-Inspectors of Excise are posted to sugar factories for proper supervisionover the storage and distribution of molasses produced therein and for the enforcement ofthe provisions of the U.P. Sheera Niyantran Adhiniyam, 1964 and rules thereunder.

138. Sub-Inspector of Excise shall work under the immediate supervision andorders of the District Excise Officer and overall control of the Deputy ExciseCommissioner of the change orders of promotion, transfer and punishment shall bepassed by the Excise Commissioner.

139. Leave, other than casual leave shall be granted by the Excise Commissioner.Casual leave may be granted by the District Excise Officer concerned.

VIII T ARI SUPERVISORS

140. Tari supervisors constitute the Uttar Pradesh Excise Constables, drivers and TariSupervisors Service Rules, 1983. Rules regarding their appointment, pay, promotion, etc.

are contained in Excise Manual Volume VI.

Note- For travelling allowances admissible to them, see Financial Hand Book, VolumeIII.

141. Tari supervisors shall work under the control and supervision of the ExciseInspector of the circle. Their duties are given in the Chapter relating to Tariin this Part of this Volume.

IX E XCISE CONSTABLES

142. Excise Constables are appointed:-

(a) For the purposes of preventive and detective work;

(b) at distilleries, bonded warehouses and bonded manufactories;

(c) at the Excise Commissioner's Office;

(d) at the Joint Excise Commissioner's Office;

(e) at the Deputy Excise Commissioner's Office;

(f) at the Assistant Excise Commissioner's Office; and

(g) at the office of Superintendent of Excise.

Note- Rules regarding appointment, pay, promotion etc. will be found inExcise Manual, Volume VI. For travelling allowance Rules, see Financial HandBook, Volume III.

143. Appointment to the establishments shall be made by:-

(1) The Deputy Excise Commissioner in the districts in their respective territorialcharges.

(2) The Additional Excise Commissioner in the headquarters office of the ExciseCommissioner.

144. Subject to the provisions of the rules, all reductions, remorals and dismissalsshould be reported soon as possible to the Excise Commissioner to enable his office tomaintain a correct gradation list. Grade promotions will be made by the ExciseCommissioner only.

146. On April 1 of each year the Assistant Excise Commissioner andSuperintendent of Excise shall submit a report to the Deputy Excise Commissioner of thecharge stating definitely in the case of each constable whether he is fit for promotion ornot. In the case of Assistant Excise Commissioner (Enforcement) and Superintendents ofExcise Ganja and Charas Squad such report shall be submitted to the Joint ExciseCommissioner, Excise Intelligence Bureau. The Deputy Excise Commissioner of thecharge and the Joint Excise Commissioner, Excise Intelligence Bureau, as the case maybe , shall forward these reports to the Excise Commissioner with their recommendation.

147. Assistant Excise Commissioners and Superintendents of Excise have beenempowered to grant casual leave to Excise Constables, Excise Inspectors may grantcasual leave up to three days to excise constable working under them in emergent cases.

Section XIII-APPEALS & REVISIONS

A- APPEALS

148. Rules relating to appeals under section 11 of the U.P. Excise Act, 1910 arecontained in Part III of this volume.

B- APPEAL BY SUBORDINATE OFFICERS

149. Procedure to be observed- (1) The procedure regulating appeals bysubordinate officers, which may be prescribed by the State Government from time to timeshall apply to appeals by sub-ordinate officers of the Excise Department.

(2) Grant of copies of orders of punishment- In the case of an appeal frompunishment, an appellant shall be entitled free of charge to one copy of theoriginal order of punishment when it is required for a first appeal, and in caseswhere a second appeal lies, to one copy of the order passed on the first appeal,which copy he shall file with his petition of apeal.

G.O. No.4135/11-339-40. dt. Oct23, 1940.

All other copies or orders, original or appellate, reports of theauthority which conducted the departmental inquiry, including the statementsof the findings and the ground thereof, or of the statements field before theinquiring authority or of the record of oral evidence in English or Vernacular,if any, may, be supplied provided that the Government servant concernedpays the copying charges in advance at the rates noted below-

Paragraph1143 of theManual ofGovernmentOrders.

(1) For a copy containing not more than 1,500 words- 50 paise.

(2) For every 300 words in excess of 1,500- extra charge of 12 paise.

(3) For a copy of a book, register, map or plan-a suitable charge fixed by the headof office.

Note- In calculating the above charges each statement, report, etc. should be takenas a separate document, and should be charged for separately.

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