(1)Except as provided in sub-rule (2) all operations in a distillery requiring the presence of an officer of the Excise Department, shall be stopped on Sundays and public holidays declared as such under the Negotiable Instruments Act, 1881. In the distillery, the distiller shall so arrange his operations that no officer of the Excise Department need ordinarily be on duty for more than eight hours on any working day.(2)If the distiller requires any officer of the Excise Department to be on duty at the distillery on any Sunday or public holiday mentioned in sub-rule (1) or for more than eight hours on any working day, he shall give in writing at least twenty-four hours' notice to this effect to the officer of the Excise Department in charge of the distillery stating clearly the work to be done and the approximate time that the work is likely to take :Provided that no officer of the Excise Department shall be required to be on duty in a distillery on the following days except under special circumstances and with the approval of the Collector :(i)Sundays,(ii)The Bengali New Year's day,(iii)The Id-ul-fitr day,(iv)The Independence Day,(v)The Second day of Durga Puja (Mahastami day),(vi)The Bijoya Dasmi day,(vii)The Kalipuja day,(viii)The Christmas day,(ix)The Streepanchami day, and(x)Mahatma Gandhi's Birthday.(3)Overtime fees - An officer of the Excise Department required under sub-rule (2) to be on duty in a distillery on a Sunday or any other public holiday mentioned in sub-rule (1) or for more than eight hours on any working day shall be entitled to overtime fee at such rates as may be fixed from time to time by the Chief Commissioner. The amount payable as overtime fee shall be recovered from the distiller.(4)When distillation is carried on at night and all times when an officer of the Excise Department is not present the distillery gate shall remain locked ; provided that on Sundays or public holidays mentioned in Sub-rule (1) the registered servants of the distiller may be allowed ingress and egress between sunrise and sunset.
