- 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 Excise
Commissioner to have control of the administration of the Excise
Department subject to the general control of the State
Government.
The territories to which the Act applies.
2. Additional Commissioner of Excise:The
Additional Commissioner of Excise shall, subject to the general
control of the State Government and of the Excise Commissioner,
exercise all the powers and duties conferred on the Excise
Commissioner by or under the Act.
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3. Joint Commissioner of Excise:The
Joint Commissioner of Excise shall, subject to general control of
the State Government and of the Excise Commissioner, exercise all
the powers conferred upon him by the provisions of the Act as
specified below Section 34(b), 37, 38, 41, 42(2), 43, 49 and 69
of the Act.
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4. Deputy Commissioner of Excise:The
Deputy Commissioner of Excise shall, subject to general control
of the State Government and under direct control of the Excise
Commissioner, exercise the duties conferred on him by the
provision of the Act specified below Section 34(b), 37, 38, 41,
42(2), 43, 49 and 69 of the Act.
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5. Superintendent
of Excise:The Superintendent of Excise in each district,
shall, in subordination to the District Collector and subject to
the general control of the Excise Commissioner, throughout the
district, exercise all the powers and perform all the duties
conferred on the District Collector, by provision of the Act
specified below :
(a) Section 13 (grant
of passes)
(b) Section
16(I)(iii) (grant of permit for the possession of intoxicants in
excess of limit).
(c) Section 34(b)
(power to require licensees viz. Manufactures and vendors to
measure, 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 warrant
in 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 articles
seized).
(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 and
searches).
(o) Section 49 (grant
of bail).
(p) Section 69
(1)(a)(b) (Initiation of prosecution).
(q) Section 75
(Confiscation and release of articles attached).
(r) Section 76 (power
to compound offences).
Provided that he shall not exercise the powers
of stopping further proceeding under Section 43(2), of
confiscation and release of articles attached under Section 75
without the previous approval of the District Collector, but if
the case relate to sub-division, the sub-divisional officer
concerned should be informed of the action taken within the
Sub-division to which he is appointed.
Within the district to which he is appointed.
6. Deputy
Superintendent of Excise:Subject to the general supervision
of the District Collector and the general control of the
Commissioner of Excise, the Deputy Superintendent of Excise
shall, in subordination to the Superintendent of Excise of the
District, throughout the sub-division, exercise the powers and
perform the duties conferred on him by the provisions of the Act
as specified below:
(a) Section 13 (grant
of passes)
(b) Section 34(b)
(power to require licensees viz. Manufactures and vendors to
measure, 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 warrant
in 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 articles
seized).
(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 arrests
and searches).
(n) Section 49 (grant
of 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 powers
of stopping further proceedings under Section 43 (2) without the
previous approval of the District Collector.
7. Inspector of
Excise :The Inspector of Excise shall, subject to the
general control of the Deputy Commissioner and in sub-ordination
and direct control of Superintendent of Excise in a district and
Deputy Superintendent of Excise in a sub-division, exercise all
the powers and perform all duties conferred on him by the
provisions of the Act
(a) Section 13 (power
to grant passes for the export and transport of intoxicants
stored in or issued from warehouse)
(b) Section 34(b)
(power to require licensees viz. manufactures and vendors to
measure, 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 warrant
in 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 persons
arrested 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 arrests
and 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 is
appointed.
8. Assistant
Inspector of Excise :The Assistant Inspector of Excise
shall, subject to the general control of the Deputy Commissioner
and direct control of the Superintendent of Excise and in
subordination to the Inspector and Deputy Superintendent of
Excise, exercise all the powers and perform all the duties
conferred on him under the provisions of the Act as specified
below :
(a) Section 38 (4)
(arrest, seizure and search without warrant).
(b) Section 40(1) and
(2) (arrest or search).
(c) Section
44(2)(b)&(3)(4) (production of persons arrested and articles
seized).
(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 the
powers under Section 41 shall be exercised only with the prior
written approval of the Inspector of Excise. No such written
approval will be necessary when he is exclusively in-charge of
the Excise circle:
Provided further that the powers under Section
49(3) shall be exercised only when he is exclusively in-charge of
the Excise circle.
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9. Excise Head
Constables :Subject to the general control of the District
Collector and direct control of the Superintendent of Excise in a
district and the Deputy Superintendent of Excise in other
sub-division and in subordination to the Inspection of Excise and
Assistant Inspector of Excise, the Excise Head Constable shall
exercise all the powers and perform all the duties conferred on
him 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 and
searches).
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10. Excise
Constables :Subject to the general control of the District
Collector and direct control of the Superintendent of Excise in a
district and the Deputy Superintendent of Excise in other
sub-division and in subordination to the Inspector of Excise and
Assistant Inspector of Excise, the Excise Constable shall,
exercise all the powers and perform all the duties conferred on
him 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 and
searches).
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