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ORGANISATION OF MIZORAM EXCISE
(Function and duties)
(i) The Mizoram State Excise Department has been created for administration and enforcement of all matters relating to Excise and Narcotic laws and to collect revenue therefrom. The Department is headed by Commissioner of Excise and assisted by one Deputy Commissioner of Excise and two Assistant Commissioners of Excise. The organisation set up of the department with different responsibilities are as follows:-
(ii) 1. Commissioner of Excise :
He occupies the position of Adviser to the State Government in all matters relating to Excise policy and the department. He is the head of Excise department and responsible for every branch of the Excise administration and exercises general control over the department. He is the appointing and disciplinary authority for all non-gazetted officers and other ranks in the department.
Function and duties:
The Commissioner shall inspect all Excise establishments once in every alternate year to give him clear first hand knowledge of such establishment to enable him to give advice, instruction and remedies on all matter of administration. He should ensure uniformity of procedure, practice, efficiency and discipline in all Excise establishments.
The Commissioner shall control, instruct and advise Superintendents of Excise in the districts while being careful not to supersede and overbear in their proper functions or relations with their subordinates.
The Commissioner shall be the reporting officer for all Deputy Commissioner and Assistant Commissioner, reviewing officer for Superintendent of Excise and accepting officer for subordinate officers of the department in their Annual Confidential Reports subject to the orders of the Government from time to time.
The Commissioner is the Budget Controlling Officer for the Excise department. He exercises such financial power as delegated to him by the Government in accordance with the Delegation of Financial Powers Rules, 1978 as amended from time to time.
He is the granting authority on rewards permissible under Excise and Drug Laws and rules and to those who render exceptional good service to the state under Excise Department by standing orders.
He shall delegate his administrative powers whenever necessary for the smooth administration of the department.
The Commissioner is responsible for the procurement of all uniform items. He shall ensure that only good quality items are supplied to the department.
The Commissioner shall have free access to information from other departments and agencies.
The Commissioner may transfer any subordinate officer or other ranks in the interest of public service and make proposal to Government for transfer of Gazetted officers.
2. Deputy Commissioner of Excise :
He shall assist the Commissioner and exercises powers and functions as delegated by the Commissioner from time to time. He shall take charge of the Commissioner when Commissioner is on leave or out of station unless otherwise decided by the Government.
The Deputy Commissioner shall inspect District and other establishments every alternate year and submit his report thereof to the Commissioner. The report should be all encompassing and true assessment of such establishment, which is essential for future administration and guidance.
As for the Annual Confidential Report the Deputy Commissioner is the reporting officer for Superintendent of Excise, reviewing officer for subordinate officers and accepting authority for other ranks subject to the orders of Government.
3. Assistant Commissioner of Excise :
He will exercise the powers and functions as delegated by the Commissioner of Excise.
He should inspect District and other establishments every alternate year and submit his report thereof to the Commissioner of Excise. The report should be all encompassing and true assessment of such establishment which shall be important for future administration and guidance.
As for the Annual Confidential Report he is the reporting and reviewing authority in respect of subordinate officers and other ranks respectively.
4. Superintendent of Excise :
The main duty of the Superintendent of Excise in the Commissionerate/Headquarters is to maintain discipline and control of subordinate officers and other ranks. He shall acquainted himself with all Acts and Rules relating to the Department. He should spend a considerable portion of his time for guiding his subordinates and for supervision of their day to day works.
Superintendent of Excise (Prosecution) is responsible for Excise Prosecution Branch. He must be knowledgeable of all laws and rules concerning the department. He must have a good knowledge of court procedures and keep himself up to date of relevant court rulings of higher courts. He must be able to guide his subordinates and co-ordinate well with Public Prosecutors. He must closely monitor all important cases and give advice when necessary to his subordinates. He must also give advice to his superiors when appeals are to be preferred.
As for the Annual Confidential Report he is the reporting and reviewing officer for subordinates and other ranks respectively.
He should make reward proposals to the Commissioner in the event of significant success in prosecution of cases citing justifications on the same.
Superintendent of Excise posted in the District is the Head of Excise Administration in a district. He is responsible for every branch of the District Excise administration. He must be efficient and well-conversant with office procedure and practice, laws and rules concerning the department. He is responsible for the discipline of his subordinates. He should be able to guide his subordinates in all matters relating to detection, investigation and prosecution of Excise and Narcotic offenders. He should have a thorough knowledge of his jurisdiction, of his district and vulnerable areas and routes of smuggling of drugs or illicit liquor. He must keep himself informed of what is going on in his district.
As for the Annual Confidential Report, the Superintendent of Excise in the District is the reporting and reviewing officer in respect of subordinate officers and other ranks respectively.
He is the Drawing and Disbursing Officer for the District Excise and enjoys financial power as may be delegated to him by the Government.
He has the power to grant leave of his subordinates which may not exceed the upper limit prescribed by the Commissioner from time to time.
He should submit periodical reports and any incident which might be worthy of the knowledge to the Commissioner.
He should inspect his subordinate and establishment every three months and submit his report to the Commissioner.
5. Subordinate Officers :
(1) Inspector of Excise :
The power and duties of Inspector of Excise as empowered by the Government in respect of Excise and Narcotic laws are defined in relevant chapter of such laws. An officer should have thorough knowledge of his powers and duties and abide by them.
Duties and functions of an Inspecting officer may vary depending on place of posting and tasks entrusted to them. He is directly responsible to his Controlling Officer. In general, apart from detection, investigation and prosecution of Excise and Narcotic offences, the officer is responsible for maintaining discipline and for the proper performance of duties by his subordinates.
He will not ordinary conduct investigations, but generally will supervise investigations of his subordinates, taking up cases only for very special reasons, such as mismanagement by investigating officer or the unusual importance or intricacy of the case. He will see that each case is fully and properly investigated and all possible steps are taken for maximum detection.
As an Inspector is directly responsible to his Controlling Officer/Superintendent, he must share information on all matters connected with the working of the department without reserve to him. He must maintain a clean image and gain respect and confidence of his subordinates. He must encourage his subordinates and guide them, especially junior and inexperienced officers. He should correct petty misconducts of his subordinates without bringing them to the notice of his superiors.
(2) Sub-Inspector of Excise/Asst. Sub-Inspector of Excise:
The general duty of Sub-Inspector of Excise/Asst. Sub-Inspector of Excise is detection and investigation of Excise and Narcotic offences. His function is of field work. While leading men on raid or on tour he must maintain strict discipline among them. As a leader of such party he is responsible for any misconduct and breach of rule by his men. He must strictly follow correct procedures and practice while performing duties. He must give full report on his detection, investigation and performance of duties to Officer-in-charge. He has to obey instruction from his superior and give feedback on action so taken.
(3) Wireless Operator:
Wireless operators are under the general control of Asst. Commissioner of Excise (Narcotics) in headquarters and Superintendent of Excise in districts, they are under the direct control of Officer-in-Charge in Excise Station, whereas in the Headquarters, Excise Radio Officer-in-charge will maintain discipline and supervise the works of Wireless Operators. Wireless Operators are expected to give intimation to their Controlling Officer/Officer-in-Charge on any irregularities for immediate remedy.
The general duty of Wireless Operator is to operate Radio Wireless Communication system.. Wireless operators must maintain ins-and-outs register of every communication made during their duty and copy of each in-coming and out-going message should be kept in file properly.
(4) Head Excise Constable :
Head Excise Constables are under the general control of Superintendent of Excise and under the direct control of Officer-in-charge of an Excise Station or out-post. Head Constables are responsible for every official works of Constables of Excise station. Conducting roll call parade, making detailment of duty and maintaining ins-and-outs register of Constables are some of the responsibilities of Head Constables. Maintenance of cleanliness of Excise station and its surroundings is one of their responsibilities. The main duty of Head Excise Constables is to maintain/keeping high graded integrity and discipline among their subordinates. Any irregularities noticed by them should be intimated to Officer-in-charge immediately.
(5) Constables :
They are generally employed for patrolling and raid for prevention and detection of Excise and Narcotic Crimes and in other official duties assigned to them by their superiors. They normally shall act on the order of their superiors. They may be deputed to collect discreet information regarding illegal trafficking of drugs and liquor and illegal breweries etc. Again, constables are employed in the execution of warrants, as runner, for escort and guard of prisoners. Even if specially not deputed it is the duty of every Constable to report information connected with Excise works.
(6) Driver:
Drivers who are posted in a District are under the general control of the Superintendent of Excise, and under the Officer-in-Charge of an Excise Station or Outpost as the case may be. In case of those drivers posted in the Excise Headquarters, they shall be placed under the control of an officer duly authorised by the Commissioner of Excise. They should wear a prescribed uniform while on duty unless they are permitted not to wear. They shall maintain vehicles assigned to them properly. They shall act on the order of their superiors. They shall maintain Car Diary properly in which necessary entries should be made in every column. When any vehicle become defective/damage the concerned driver should submit defect report through proper channel to the Controlling Officer. The responsibility on defect/damage of the vehicle due to the carelessness or negligence of the driver concerned shall lie on him. Driver to whom vehicle is assigned is directly responsible for the proper use and safety of the vehicle. They should possess valid Driving licence all the time while functioning as Driver.
6. Ministerial establishment :
There will be one Office Superintendent and office Assistants as may be required in the Excise Commissionerate who are posted from State Secretarial Service.
The office Superintendent is responsible for smooth functioning of office works and maintenance of discipline among staff. He shall be well-conversant with Rules and Regulations and be able to supervise his staff and give advice to his superiors.
(iii) & (iv) As per (i) & (ii) above
(v) The rules, regulations and instructions being held by the Department are as follows –
(a) Narcotic Drugs & Psychotropic Substances Act, 1985
(b) Assam Drugs (Control) Act, 1950
(c) Mizoram Excise Act, 1973
(d) Mizoram Excise Rules, 1983
(e) Mizoram Liquor Total Prohibition Act, 1995
(f) Mizoram Liquor Total Prohibition Rules, 1996
(g) Draft Manual had been sent to Government and is under active consideration.
(vi) Categories of documents
(1) Excise Case concerned files and Registers
(2) Revenue Collection
(3) Issue of liquor permit
(vii) Formulation of administration, etc.
(1) Consultative Committee
(viii) Councils, Committees, etc.
(1) Drugs Disposal Committee
(2) Coordination Committee between Police, Customs, Drugs Controller and Excise
(3) District Prohibition Committee
(4) Prohibition Council
(All open for public)
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