Citizen charter

This charter is a declaration of our vision, mission, objectives to values and standards to achieve excellence in the formulation, regulation and enforcement of state excise policies.

A. VISION:-

Optimization of Excise Revenue while preventing the use of unsafe liquor and ensure informed consumption in hygienic conditions.

B. MISSION

Implementing State Excise policies and procedures by regulating manufacture, transport, possession, sale and other activities of the trade in spirit, spirituous preparations, potable liquor and other intoxicants and monitoring collection of associated taxes.

C. OBJECTIVES

1.      Generate optimal revenue for the state exchequer.

2.      Regulate manufacture, transport, possession and sale of all excisable articles.

3.      Effective enforcement and inspection to control crime.

4.      Impart training for better efficiency & formulate e-governance initiatives.

D. FUNCTIONS:

1.      Collection of excise revenue.

2.      Issue of licences for manufacture, transport, possession and sale of all excisable articles.

3.      Conduct inspections of licensed premises, raids and road watches regularly.

4.      Review performance at regular intervals.

5.      Training of Officers and Staff.

6.      Verification of EVCs and permits.

7.      Registration, investigation and prosecution of cases.

8.      Monitor transaction of all excisable articles.

9.      Computerization of departmental activities.

 

E. OUR COMMITMENTWE SHALL CARRY OUT OUR TASKS WITH

One of the main objectives of Excise Department is to curb illegal sale, transport and manufacture of liquor and to ensure effective imposer of excise polices in order to curtail such activities like mass raids, surprise inspections are being conducted at regular periods.

  • To ensure increase in the revenue of the state exchequer through duties levied at various levels.
  • Courtesy and understanding
  • Objectivity and transparency

        ·         Promptness and efficiency.

F. WE FURTHER COMMIT THAT

·        The main objective of Excise department is to supply wholesome liquor to the consumer and there by earning revenue to the state ex-chequer.

·        Investigations and penalty proceedings will be initiated only after senior officers of the Department are satisfied that prima-facie evidence exists.

·        We will provide full information about appeal procedures and the authorities with whom appeals can be filed.

·        We will display the details of Excise licences issued (All categories) at all the District offices for the general information of the public.

·        We will continually consider all commercial interests while reviewing our policies and procedures and provide timely publicity of all changes in the law or procedure.

·        To create awareness about the ill-effects of drinking illicit liquor through various programs like distribution of pamphlets, appeals through leading newspapers etc.  Further the executive staff of the department have been strictly instructed to attend Grama Sabha’s at village level and appraise the villagers regarding illegal manufacture of liquor and ill effect of consuming illicit liquor etc,.  The villagers have been requested to intimate regarding any illegal activities in their village to the concerned Range office or Sub-Division office immediately. 

G. THE DEPARTMENT ENFORCES THE FOLLOWING ATS RULES AND STATUTORY GOERNMENT ORDERS:-

a)  STATE ACTS & RULES:-

  • The Karnataka Excise Act 1965.
  • The Karnataka Prohibition Act 1961.
  • The Rules framed under the above Acts.
  • The Narcotic Drugs and Psychotropic substances (Karnataka) Rules 1985.
  • Karnataka Prevention of Dangerous Activities of Bootleggers, Drug offenders Gamblers, Goondas, Immoral Traffice offenders and Slum Grabbers Act 1985.

b)  CENTRAL ACTS & RULES:-

  • The Medicinal and Toilet Preperation (Excise Duties) Act 1955, and Rules 1956.
  • Narcotic and Psycotrophic Substances Act 1985 (Central Act No.61 of 1985).

H) GENERAL POLICIES:-

            The following are the general policies regarding the major items dealt by the State Excise Department.  All these policies are reflected under various laws and rules promulgated by the State and are subject to the definitions and exceptions provided in these rules. 

1. Wholesale foreign liquor depots - To be Run in the public sector wholesale is a monopoly of Karnataka State Beverages Corporation Ltd. (KSBCL).

2.    CL-2 : Retail of shop licence for vend of Indian liquor or Foreign or both not to be drunk . Retail of shop licences for vend of Indian liquor or Foreign or both not to be drunk on the premises- Under these license granted in Form Cl-2, the sale of liquor in sealed bottles to any person in a quantity less than 0.180 litres at a time is prohibited.

3.    CL-4 Licence to Club:- The Agent, Secretary or Manager or any other person entrusted with the management of the business of the club shall apply and obtain licence in Form CL-4 from the Deputy Commissioner.

3.   CL-5 Occasion Licences:- These licences in Form CL-5 are issued for the sale of liquor at the refreshment stalls in connection with race meetings, public entertainments and other such public gathering to be drunk on the premises.

4.   CL-6 Special licences:- These licences shall be granted in Form CL-6 by the Deputy Commissioner of the district with the previous sanction  of the Excise Commissioner, when the circumstances are such as not to allow of the issue of licences of any of the above descriptions, on such terms and conditions and for such periods, as he may on each occasion determine.

5.  CL-6A:- Star Hotel Licences:- Licences under this clause shall be granted by the Deputy Commissioner in Form 6-A to Star hotels for possession and sale of liquor.  The licensees under this clause may serve liquor to the residents in the rooms and open more than one counter for the convenience of the residents in the rooms and open more than one counter for the convenience of the residents and boarders within the licensed premises with the approval of the Deputy Commissioner.

6.  CL-7:- Hotel and Boarding House Licences:- A licence under this clause shall be applied for and obtained in Form CL-7 from the Deputy Commissioner.

7.  CL-7A:- Tourist Hotel Licence:- These licence may be granted to Tourist Hotels situated in places other than Cities and managed by the Tourist Department Corporation of the State Government.

8.  CL-7B:- Tourist Hotel Beer Bar Licence:- These licence may be granted to Tourist Hotels managed by the Tourist Department Corporation of the State Government.

9.   CL-7C:- Licence to supply liquor on Board of Train engaged and run by the Tourist Department Corporation of the State Government and Central Government.

10. CL-8 Military Canteen Licences:- These licences may be granted to the military canteen for the members of the armed forces for their use only.

11.  CL-8A:- Military Canteen Stores Bonded Warehouse Licence:- A licence under this clause shall be granted to supply other military canteen stores.

12. CL-8B:- Border Security Force or Para Military Forces Licences:- Licene may be granted to the members of the BSF and Para Military units.

13. CL-9:- Refreshment Room (Bar) Licence:- A licence under this clause, for refreshment room (bar) for sale of Indian liquor combined with the supply of meals or eatables shall be applied and obtained in Form CL-9 from the Deputy Commissioner.

14. CL-11 Distributor licence:-  Distributor licence granted to the Karnataka State Bewerages Corporation Ltd.

15.  CL-11C:- Retail shop issued to the Government Companies i.e. Mysore Sales International Limited, Government Undertaking.

16.  CL-14:- Licence for running dutyfree shop at International Airport.

17.  CL-15:- Refreshment room (Bar) Licence at International Airport.

18. Distilleries & Bottling Units: The Excise Commissioner may, with the previous sanction of the State Government, grant  Distillery/Brewery licence on such conditions as the State Government may impose.

19.  Restriction in respect of location of shops:- No licence for sale of liquor shall be granted to a liquor shop or premises selected within a distance of 100 metres from any religious or educational institution or Hospital or any office of the State Government or Central Government or Local Authorities or in a residential locality, where the inhabitants are predominantaly belonging to Scheduled Castes or Sheduled Tribes or within a distance of 220 metres from the middle of the State Highway or National Highways.

20.  Quantities of liquor that can be possessed without license:- Individuals are allowed to possess the following items of liquor without licence under the present policy.

Sl.No

Item

Limits

1

IMFL

4.6 litres

2

Beer

18.2 litres

3

Wine

9.0 litres

4

Toddy

2.5 litres

5

FMFL

9.1 litres

 

21. Dry Days:-

a.       Birthday of Mahatma Gandhi.

b.      The day of poll and day before poll.

c.       The day of counting.

d.      Prevention of Public peace.

22.  Liquor not to be sold to certain persons, etc.- No liquor shall be sold or otherwise given to the following persons, namely-

a)      Insane persons;

b)      Persons known or believed to be drunk.

c)       Persons known or suspected to be about to take part in a riot or disturbance of public peace or any other crime.

d)      Excise Officials, Police Officers, Railway Servants and Motor Bus Chauffeur, on duty or in uniform.

e)      Person below the age of twenty one year.

23.  Penalties:-

·         Section 32-Penalty for illegal import etc:-  Whoever, in contravention of this Act, or any rule, notification or order, made issued or given thereunder, or of any licence or permit granted under this Act imports, exports, transports, manufactures, collects or possesses any intoxicant, shall on conviction, [be punished for each offence with rigorous imprisonment for a ter which may extent to fie years and with fine which may extend to fifty thousand rupees.

·         Section 34-Penalty for illegal possession:- Whoever, without lawful authority has in his possession any quantity of any intoxicant knowing the same to have been unlawfully imported, transported, manufactured cultivated or collected, or knowing the prescribed duty not to have been paid thereon shall on conviction, be punished with imprisonment for a term which may extend to [four years and with fine which may extend to fifty thousand rupees].

·         Sec 36- Penalty for misconduct of licensee, etc.-

   Whoever, being the holder of a licence or permit granted under this Act, or being in the employ of such holder and acting on his behalf,-

a.       fails to produce such licence or permit on the demand of any Excise Officer or of any other person duly empowered to make such demand; or

b.      willfully does or omits to do, anything in breach of any of the conditions of his licence, or permit, not otherwise provided for in the Act; or

c.       Save in a case provided for by Section 32 wilfully contravenes any rule made under Section 71; or

d.      Permits drunkenness, disorderly conduct or gaming in any place wherein any intoxicant is sold or manufactured; or

e.      permits or suffers persons whom he knows or has reason to believe to have been convicted of any non-boilable offence, or who are reputed prostitutes or habitual offenders, to resort to, or assemble or remain in or on the premises where any excisable article is sold or manufactured; or

f.        Sells any intoxicants to a person who is drunk; or

g.       Sells or gives any intoxicant to any child apparently under eighteen years of age.

·         Sec 45- Compounding of offences: - The Excise Commissioner, the Deputy Commissioner or any Excise Officer specially empowered in this behalf may accept from any person who is reasonably suspected of having committed an offence.

Under sub-section (3) of Section 32, a sum of money not less than two hundred rupees but which may extend to five thousand rupees;

Under sub-section (1) of Section 36 except clauses (c), (g) and (h) a sum of money not less than five thousand rupees but which may extend to fifty thousand rupees,

By way of compensation for the offence which may have been committed.

(2)  On the payment by such person of such sum of money or such value or both, as the case may be, such person, if in custody, shall be set at liberty and all the property seized may be released and no proceeding shall be instituted against such person in any Criminal Court.  The acceptance of compensation shall be deemed to amount to an acquittal and in no case shall any further proceedings be taken against such person or property with reference to the same act.

46.  Penalty on Excise Officer making vexatious search, seizure, detention or arrest – Any Excise Officer or other person who vexatiously and without reasonable ground for suspicion –

(a)  enters or searches or causes to be entered or searched any closed place under colour of exercising any power conferred by this Act, or

(b)  seizes the moveable property of any person on the pretext of seizing or searching for any article liable to confiscation under this Act, or

(c)  searches, detains or arrests any person, or

(d)  in any other way exceeds his lawful powers under this Act, shall, on conviction be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, or with both.

47.  Penalty for Excise officer refusing to do duty – Any Excise Officer, who, without lawful excuse shall cease or refuse to perform, or withdraws himself from the duties of his office, unless expressly allowed to do so in writing by the Excise Commissioner, or unless he shall have given to his official superior officer two months’ notice in writing of his intention to do so, or who shall be guilty of cowardice, shall, on conviction, be punished with imprisonment, which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

48.  Penalty for vexatious delay – Any officer or person exercising powers under this Act, who vexatiously and unnecessarily delays forwarding to the nearest Excise Officer or to the Officer in charge of the nearest police station, as required by sub-section (2) of Section 59 any person arrested, shall, on conviction, be punished, with fine which may extend to two hundred rupees.

49.  Penalty for abetment of escape of persons arrested etc. – Any officer or person who unlawfully releases or abets the escape of any person arrested under this Act or abets the commission of any offence against this Act, or acts in any manner inconsistent with his duty for the purpose of enabling any person to do anything whereby any of the provisions of this Act may be evaded or contravened or the excise  revenue may be defrauded and any officer of any other Department referred to in Section 50 who abets the commission of any offence against this Act in any place, shall, on conviction, for every such offence, be punished with imprisonment for a term which may extend to [three years and with fine which may extend to five thousand rupees], or with both.

I)  Standards of Services:-

1.  Time for grant of various licences, permits, NOCs:-  We promise to give the final response to all the applicable within the time provided below:- 

Sl.No.

Name of Licence/ Permit

Licencing/Permit Giving Authority

Period in which licence issued (or rejection communicated)

1

Issue of NOC for import/export of spirit etc.

Excise Commissioner

1 week (subject to submission of all the required documents)

2

Renewal of  Label Registration requests

Excise Commissioner

1 week (subject to submission of all the required documents)

3

New label registration

Excise Commissioner

5 weeks

4

Request for other new licences (DL3, RS2)

Excise Commissioner

1 Month (subject to submission of all requisite documents & approval of power Committee).

5

Renewal of L1, L2 etc.

Excise Commissioner

1 week (subject to submission of all requisite documents & approval of high power committee).

6

Permission for alteration, renovation of  licensed premises

Deputy Commissioner of Excise

After Compilation

7

Excise Verification Certificate

Sub Inspector of Excise, Range

On the same day of presentation of consignment

8

Interdivision permits

Deputy Commissioner of Excise

10 days

9

Within Division

Division Level        officer

7 days

2. Complaint’s follow up: - The following time schedule will be kept for registration of complaints and follow up action on complaints:-

Sl.No

Action

By whom

Within what time

1

Acknowledgment of the complaint on demand

By the recipient

The same day

2

Forwarding for action to the concerned field officer

The recipient officer

Within 24 hours

3

Inquiry, action and report back

The field officer

Within 3 weeks

4

Communication of action taken if asked for

The recipient officer

Within 1 week

3.  Follow-up of Excise Cases

Sl.No

Action

By whom

Within in time schedule

1

Registration of case

Sub-Inspector of Excise/ Excise Inspector

At the earliest and not later than 24 hours

2

Production of JMFC articles/accused before a magistrate.

Circle Inspector/ Excise Inspector

Earliest but not later than 24 hours

3

Ensuring that JMFC articles are sent by the last for the chemical examiners report.

Inspector of Excise

Within 7 days.

4.  Disposal of Seized Vehicles:-

Sl.No

Action

By whom

Within time schedule

1

Publication of disposal notice and conduct of auction after confiscation

Deputy Commissioner of Excise

2 weeks

2

Confirmation of sale

Deputy Commissioner of Excise

1 Week

3

Disposal of vehicle to the auction purchaser

Deputy Commissioner of Excise

2 Weeks

4

Notice to the RC Owner, hearing, examination of witnesses/publication of Notice in newspapers in case of no RC Owner is found

Deputy Commissioner of Excise

Within 2 months from seizure

5

Completion of confiscation proceedings

Authorised Officer

Within 3 months from seizure

6

Time for appeal before Joint Commissioner /Confirmation by the Excise Commissioner.

Joint Commissioner of Excise

One month from confiscation

7

Disposal of appeal by the Joint Commissioner of Excise

Joint Commissioner of Excise (Enforcement)

2 Weeks

8

Time for filing revision

 

One month

9

Disposal of Revision by the Excise Commissioner

Excise Commissioner

2 Weeks from the date of revision

10

Publication of disposal notice and Conduct of Auction after proper publicity

Deputy Commissioner of Excise

2 months

11

Confirmation of  sale

Deputy Commissioner of Excise

1 week

12

Maximum time taken for disposal from the date of seizure

Deputy Commissioner of Excise

1 year

5.  Disposal of seized Spirit/IMFL/Arrack:

Sl.No

Action

By whom

Within time schedule

1

Sending for Chemial Examiner’s Report (from court)

Inspector of Excise/ Range

Within a week of Seizure

2

Receipt of Chemical Examiner’s Report

 

2 months

3

Application for pretrial Disposal, if trial not completed of final orders not passed by the Court.

 

Within 3 weeks from the date of seizure.

4

Obtain pretrial disposal sanction from the court

 

Within 2 months from the date of seizure.

5

Completion of confiscation Proceedings

Authorised Officer

Within 3 months from the date of seizure.

6

Proposal for disposal  is to be Placed before the Disposal Committee

Deputy Commissioner of Excise

Within 6 months

7

Disposal/Destroyal of the Confiscated JMFC approved by the Disposal Committee as directed by the Committee.

 

Within one month of the approval by the Disposal Committee

8

Maximum total time taken for disposal

 

7 Months

 J. D. Redressal of Complaints against delay or non-performance:-

1. Except in cases where there is already a provision in law for appeal / revision. Complaint about unlawful denial or delay in the grant of any of the permits/license or in the sending of reports by any of the officers other than the Excise Commissioner can be filed before the Excise Commissioner. The Excise Commissioner will take action on such complaints within a week and inform the complainant about the action taken within a fortnight .

2. Complaint about any such delay against the Excise Commissioner can be filed before the Excise Minister.

K.  COMPLAINTS & GRIEVANCES

The aggrieved public, licencee, manufacturer or transporter shall with their grievances approach the concerned authority starting from range level to taluka level, district level and division level or to the Excise Commissioner (Head of the Department) for redressal of their complaints. Which shall be disposed off at the earliest.

 

                                                                            EXCISE COMMISSIONER