[Cites 0, Cited by 0]
[Entire Act]
State of Assam - Section
Section 371 in The Assam Excise Rules, 2016
371. Appointment and powers.
- The following Excise Officers are appointed and invested with powers under Section 6(2)(a), (b) and (c) read with Section 84 (2) of Assam Excise Act, 2000.| Appointment and power | Area of jurisdiction |
| 1. Excise Commissioner:The ExciseCommissioner to have control of the administration of the ExciseDepartment subject to the general control of the StateGovernment. | The territories to which the Act applies. |
| 2. Additional Commissioner of Excise:TheAdditional Commissioner of Excise shall, subject to the generalcontrol of the State Government and of the Excise Commissioner,exercise all the powers and duties conferred on the ExciseCommissioner by or under the Act. | -Do- |
| 3. Joint Commissioner of Excise:TheJoint Commissioner of Excise shall, subject to general control ofthe State Government and of the Excise Commissioner, exercise allthe powers conferred upon him by the provisions of the Act asspecified below Section 34(b), 37, 38, 41, 42(2), 43, 49 and 69of the Act. | -Do- |
| 4. Deputy Commissioner of Excise:TheDeputy Commissioner of Excise shall, subject to general controlof the State Government and under direct control of the ExciseCommissioner, exercise the duties conferred on him by theprovision of the Act specified below Section 34(b), 37, 38, 41,42(2), 43, 49 and 69 of the Act. | -Do- |
| 5. Superintendentof Excise:The Superintendent of Excise in each district,shall, in subordination to the District Collector and subject tothe general control of the Excise Commissioner, throughout thedistrict, exercise all the powers and perform all the dutiesconferred on the District Collector, by provision of the Actspecified below :(a) Section 13 (grantof passes)(b) Section16(I)(iii) (grant of permit for the possession of intoxicants inexcess of limit).(c) Section 34(b)(power to require licensees viz. Manufactures and vendors tomeasure, weigh to test intoxicants).(d) Section 37(inspection of places of manufacture and sale of intoxicants).(e) Section 38(arrest, seizure and search without warrant).(f) Section 39(a) and(b) (issue warrants for search and arrest).(g) Section 40(1) and(2) (arrest or search).(h) Section 41(search, seizure and arrest following upon entry without warrantin emergent cases).(i) Section 42(Powers to investigate).(j) Section 43(Powers of investigating officers).(k) Section 44(Production and disposal of persons arrested and articlesseized).(l) Section 45 (1)(Police custody of articles seized).(m) Section 46(Reports of arrests, seizures and searches).(n) Section 47(2) and(3) (Procedure in executing warrants and in making arrests andsearches).(o) Section 49 (grantof bail).(p) Section 69(1)(a)(b) (Initiation of prosecution).(q) Section 75(Confiscation and release of articles attached).(r) Section 76 (powerto compound offences).Provided that he shall not exercise the powersof stopping further proceeding under Section 43(2), ofconfiscation and release of articles attached under Section 75without the previous approval of the District Collector, but ifthe case relate to sub-division, the sub-divisional officerconcerned should be informed of the action taken within theSub-division to which he is appointed. | Within the district to which he is appointed. |
| 6. DeputySuperintendent of Excise:Subject to the general supervisionof the District Collector and the general control of theCommissioner of Excise, the Deputy Superintendent of Exciseshall, in subordination to the Superintendent of Excise of theDistrict, throughout the sub-division, exercise the powers andperform the duties conferred on him by the provisions of the Actas specified below:(a) Section 13 (grantof passes)(b) Section 34(b)(power to require licensees viz. Manufactures and vendors tomeasure, weigh or test intoxicants).(c) Section 37(inspection of places of manufacture and sale of intoxicants).(d) Section 38(arrest, seizure and search without warrant).(e) Section 39(a) and(b) issue warrants for search and arrest).(f) Section 40(1) and(2) (arrest and search).(g) Section 41(search, seizure and arrest following upon entry without warrantin emergent cases).(h) Section 42(powers to investigate).(i) Section 43(powers of investigating officers).(j) Section 44(Production and disposal of persons arrested and articlesseized).(k) Section 45 (1)(Police custody of articles seized).(l) Section 46(Reports of arrests, seizures and searches).(m) Section 47 (2)and (3) (procedure in executing warrants and in making arrestsand searches).(n) Section 49 (grantof bail).(o) Section 69(1)(a)(b) (institution of prosecution).(p) Section 76(3)(Compound of Pachwai case).Provided that he should not exercise the powersof stopping further proceedings under Section 43 (2) without theprevious approval of the District Collector. | |
| 7. Inspector ofExcise :The Inspector of Excise shall, subject to thegeneral control of the Deputy Commissioner and in sub-ordinationand direct control of Superintendent of Excise in a district andDeputy Superintendent of Excise in a sub-division, exercise allthe powers and perform all duties conferred on him by theprovisions of the Act(a) Section 13 (powerto grant passes for the export and transport of intoxicantsstored in or issued from warehouse)(b) Section 34(b)(power to require licensees viz. manufactures and vendors tomeasure, weigh to test intoxicants).(c) Section 37(inspection of places of manufacture and sale of intoxicants).(d) Section 38(arrest, seizure and search without warrant).(e) Section 39 (a)and (b) (issue warrants for search and arrest).(f) Section 40 (1)and (2) (arrest and search).(g) Section 41(search, seizure and arrest following upon entry without warrantin emergent cases).(h) Section 42(Powers to investigate)(i) Section 43(powers of investigating officers).(j) Section 44 (2)(a), (b) and (3) and (4)(production and disposal of personsarrested and articles seized).(k) Section 45 (1)(police custody or articles seized).(l) Section 46(reports of arrests, seizures and searches).(m) Section 47 (2)and (3) (procedure in executing warrants and in making arrestsand searches).(n) Section 49 (3)(grant of bail).(o) Section 69(1)(a)(b) (institution of prosecution).(p) Section 76(3) (compound of Pachwai case). | Within the excise circle to which he isappointed. |
| 8. AssistantInspector of Excise :The Assistant Inspector of Exciseshall, subject to the general control of the Deputy Commissionerand direct control of the Superintendent of Excise and insubordination to the Inspector and Deputy Superintendent ofExcise, exercise all the powers and perform all the dutiesconferred on him under the provisions of the Act as specifiedbelow :(a) Section 38 (4)(arrest, seizure and search without warrant).(b) Section 40(1) and(2) (arrest or search).(c) Section44(2)(b)&(3)(4) (production of persons arrested and articlesseized).(d) Section 45(1)(police custody of articles seized).(e) Section 46(reports of arrests, seizures and searches).(f) Section 47(3)(executing warrants and in making arrests and searches).(g) Section 49 (3)(grant of bail)Provided that thepowers under Section 41 shall be exercised only with the priorwritten approval of the Inspector of Excise. No such writtenapproval will be necessary when he is exclusively in-charge ofthe Excise circle:Provided further that the powers under Section49(3) shall be exercised only when he is exclusively in-charge ofthe Excise circle. | -Do- |
| 9. Excise HeadConstables :Subject to the general control of the DistrictCollector and direct control of the Superintendent of Excise in adistrict and the Deputy Superintendent of Excise in othersub-division and in subordination to the Inspection of Excise andAssistant Inspector of Excise, the Excise Head Constable shallexercise all the powers and perform all the duties conferred onhim by the provisions of the Act as specified below :(a) Section 38(4)(arrest, seizure and search without warrant).(b) Section 44(2)(b)(production of persons arrested and articles seized).(c) Section 46 (reports of arrests, seizures andsearches). | -Do- |
| 10. ExciseConstables :Subject to the general control of the DistrictCollector and direct control of the Superintendent of Excise in adistrict and the Deputy Superintendent of Excise in othersub-division and in subordination to the Inspector of Excise andAssistant Inspector of Excise, the Excise Constable shall,exercise all the powers and perform all the duties conferred onhim by the provisions of the Act as specified below :(a) Section 38(4)(arrest, seizure and search without warrant).(b) Section 44(2)(b)(production of persons arrested and articles seized).(c) Section 46 (reports of arrests, seizures andsearches). | -Do- |