-1- Orders in the provision of the Goa, Daman and Diu Excise Duty Act, 1964, (State Act 16 of 1964) 2 No. 1/9/2016-Fin (R&C) (b) dated 7-2-2017 Supreme Court Judgment Series II No. 2 dated 13-4-2017 3 No. 1/9/2016-Fin (R&C) (c) dated 7-2-2017 Supreme Court Judgment Series II No. 2 dated 13-4-2017 4 No. 1/9/2016-Fin (R&C) (c) dated 7-2-2017 Supreme Court Judgment Series II No. 2 dated 13-4-2017 5 Exc/1/64 dated 1st December, 1964. Section 3 (3) Series I No. 51 dated 17-12- 1964 Sr.
No.
Orders Section/Rules Official Gazette Reference 1 No. CE/EST/38/80/27 dated 11-8-1980 Section 36A Series II No. 22 dated 28-8-1980 -2- Order No. CE/EST/38/80/27 dated 11-8-80 In exercise of the powers conferred by section 36A of the Goa, Daman and Diu Excise Duty Act, 1964, the Commissioner of Excise hereby authorizes the Assistant Commissioner of Excise, the Superintendent of Excise, the Excise Officer and the Excise Inspectors, In-charge of Excise Stations in the Union State of Goa, Daman and Diu, to make complaints in any Judicial Court not inferior to that of a Magistrate of the First Class, in respect of any offence committed under the said Act and/or the Rules made thereunder.
This order is issued without prejudice to earlier order No. Rev/2nd/63, dated 21st November, 1966, published in the Official Gazette, Series II No. 35 dated 1.12.1966 and action taken thereunder.
(Published in the Official Gazette, Series II No. 22 dated 28-8-1980) _______ -3- Office of the Chief Secretary Order No. 1/9/2016-Fin (R&C) (b) Whereas, the Hon‘ble Supreme Court of India vide its Judgment dated 15-12-2016 in Civil Appeal Nos. 12164-12166 of 2016 [Arising out of SLP (C) No. 14911-14913 of 2013] has issued the following directions under Article 142 of the Constitution of India, viz.:
(i) All States and Union Territories shall forthwith cease and desist from granting licences for the sale of liquor along National and State Highways;
(ii) The prohibition contained in (i) above shall extend to and include stretches of such highways which fall within the limits of a municipal corporation, city, town or local authority;
(iii) The existing licences which have already been renewed prior to the date of this order shall continue until the term of the licence expires but no later than 1 April, 2017;
(iv) All signages and advertisements of the availability of liquor shall be prohibited and existing ones removed forthwith both on National and State Highways;
(v) No shop for the sale of liquor shall be (i) visible from a National or State Highway; (ii) directly accessible from a National or State Highway and (iii) situated within a distance of 500 metres of the outer edge of the National or State Highway or of a service lane along the Highway.
(vi) All States and Union Territories are mandated to strictly enforce the above directions. The Chief Secretaries and Directors General of Police shall within one month chalk out a plan for enforcement in consultation with the State Revenue and Home Departments. Reponsibility shall be assigned inter alia to District Collectors and Superintendents of Police and other competent authorities. Compliance shall be strictly monitored by calling for fortnightly reports on action taken.
(vii) These directions issue under Article 142 of the Constitution.
And whereas, in order to comply with the aforesaid directions of the Hon‘ble Supreme Court it is necessary to,-
(i) Identify all licences for sale of liquor along the National Highways, State Highways and service lanes along the highways, which contravene the aforesaid directions and to ensure that all such licences do not continue to operate after 1st April, 2017.
(ii) Identify all signages and advertisements of the availability of liquor, both on National and State Highways and ensure that the same are removed forthwith and prohibit all such advertisements and signages.
Now, therefore, it is expedient to issue the following directions to the concerned Departments /Authorities concerned to carry out the specific work/task related to their respective sphere of jurisdiction and to other line Departments for providing support and assistance to these Departments/Authorities for total compliance of the directions issued by the Hon‘ble Supreme Court;
viz.:
1. The precise alignment and width of every highway or service lane along the highway, along its entire stretch indicating the survey numbers (by taking into consideration the definition of the highway, its category and actual boundaries) is necessary to be identified and delineated on the Survey Plans by the Public Works Department (PWD). After marking the alignment of the highways and indicating the survey numbers of the roads according to their respective width and category, the plans of all the State -4- and National Highways shall be submitted to the Directorate of Settlement and Land Records (DSLR). The Principal Chief Engineer, PWD shall issue necessary directions and constitute teams of the required personnel as may be necessary and also seek the assistance from other Departments for the purpose of carrying out the above work/task.
2. The Director, DSLR on receipt of the plans as above from the PWD shall further process these plans and prepare talukawise plans of the highways and their service lanes (on 1:4000 scale) indicating the length and width of all National Highways, State Highways and service lanes along the Highways, on which the reference line of 500 metres from the outer edge of the National or State Highway or of a service lane along the highway, shall be delineated.
3. The Commissioner of Excise shall compile the details of all licenses issued in the State of Goa for sale of liquor alongwith details of the survey numbers of land in which the licensed premises is located and submit the details to the Director (DSLR).
4. The Commissioner of Excise in consultation with the Departments concerned shall constitute Taluka Level Teams (TLT) headed by the Joint Mamlatdar and comprising of the Taluka Excise Inspectors, Assistant Engineer (PWD), Inspector of Survey and Land and Circle Inspector of the Office of the Mamlatdar. These teams will obtain the Talukawise survey plans prepared by DSLR and demarcate the 500 metres line at loco and also identify and demarcate on the plans, the affected licensed premises for sale of liquor after obtaining the details of all licensed premises for sale of liquor from the Commissioner of Excise.
5. For the purpose of physical demarcation on loco, a physical identifiable landmark, abutting the highways, at or near a distance of 500 metres will be identified in the first instance. The licensed premises which can be easily identified within the prohibited area will be demarcated in the first phase, followed by those which are closer to the 500 metres reference line, in which case physical survey and mapping will be carried out to identify the exact location.
6. While carrying out the above exercise and taking into consideration the large number of licenses and the vast length of the roads involved, the survey process shall be prioritized as follows:
(i) The survey will be initiated from the State border points of the National Highway and proceed accordingly. The State Highways will be taken up thereafter.
(ii) Vulnerability points, viz. (a) accident prone spots, (b) intersections and crossings, and (c) increased density of traffic; will also be surveyed simultaneously.
7. On completion of the above exercise, the complete Talukawise plans alongwith the respective survey report shall be submitted to the DSLR by the TLT‘s. The DSLR shall countersign all the Taluka level survey plans and reports received from the TLT‘s and forward the same to the Commissioner of Excise for further action.
8. The Commissioner of Excise shall on receipt of the aforesaid plans from the Director, DSLR wherein all the affected licensed premises for sale of liquor have been clearly demarcated, initiate action under the Goa Excise Duty Act & Rules, 1964 for stopping the operation of all the affected licenses in the area and ensure that all such licences are not renewed and cease to operate from 1st April, 2017.
9. The Director of Panchayats and the Director of Municipal Administration shall issue immediate directions to all the local bodies to forthwith identify and remove all signages and advertisements of the availability of liquor along the National and State Highways and ensure that no permission is granted by the local bodies for such signages and advertisements.
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10. In case any dispute is raised by any affected licencee as to the measurement of the distance of his licensed premises from the edge of the highway or of a service lane along the highway, then in such cases the Commissioner of Excise shall refer the matter to the Director, DSLR; who shall arrange for site measurement of the distance through the respective TLT in the presence of the licencee and such measurement shall be final and accepted as the correct distance by the Commissioner of Excise while deciding the matter.
11. The State Revenue Authorities i.e. the District Collectors as well as the Law Enforcement Authorities i.e. Director General of Police through the Superintendents of Police of the District; shall provide the required assistance to the above authorities in carrying out the task by their respective Departments for expeditious compliance of the directions of the Hon‘ble Supreme Court and within the time frame as directed.
12. The progress of the compliance of the above directions shall be monitored by the Core Committee constituted for monitoring the implementation of the Order of the Hon‘ble Supreme Court which shall submit its fortnightly report on the progress to the undersigned from the date of issue of this order.
Dharmendra Sharma, Chief Secretary.
Porvorim, 7th February, 2017.
(Published in the Official Gazette Series II No. 2 dated 13-4-2017) -6- Order No. 1/9/2016-Fin (R&C) (c) Read:Order No. 1/9/2016-Fin (R&C) (b) dated 07-02-2017.
Whereas, the Hon‘ble Supreme Court of India vide its Judgment dated 15-12-2016 in Civil Appeal Nos. 12164-12166 of 2016 [Arising out of SLP (C) No.14911-14913 of 2013] has issued certain directions under Article 142 of the Constitution of India, mainly to prohibit sale of liquor along the National and State Highways w.e.f. 1st April, 2017;
And whereas, in order to implement the directives of the Hon‘ble Supreme Court, a Plan of Action was prepared and issued vide Order dated 07-02-2017.
nd whereas, vide reports received from Taluka Level Committees approximately 3210 number of licences were identified of all categories, viz. (1) licence for retail sale of liquor for consumption on the premises, (2) licence for retail sale of liquor in packed/sealed bottles and (3) licence for wholesale of liquor; being covered by the said orders of the Hon‘ble Supreme Court with respect to renewal of licences with effect from 01st April, 2017;
And whereas, several representations were received from various Liquor Traders, Goa Chamber of Commerce & Industry, Hoteliers, Bar & Restaurant owners and other affected persons; stating that the orders of the Hon‘ble Supreme Court do not apply to their respective trade and conduct of business i.e. to the licences issued for retail sale of liquor for consumption on premises, retail sale in packed/sealed bottles and for wholesale of liquor;
And whereas, these representations where referred to the Ld. Advocate General for Goa, by the Government for his legal opinion and advice;
And whereas, in the meanwhile, the Ld. Attorney General of India, in his opinion dated 24-02-2017 to the Government of Kerala, has opined that, “the judgment and directions contained therein applies to liquor shops wherein liquor is sold as retail items. The judgment does not bring within its sweep restaurants and hotels who serve liquor within their premises. The idea is to ensure that there are no liquor vends/shops within close proximity of these roads as per the directions of the Court so that easy source of purchasing and consuming liquor is prohibited”. The said opinion was officially obtained on 07-03-2017;
And whereas, detailed legal consultations were taken up by the State Government in the matter;
Now, therefore, the Government of Goa has directed to modify the coverage of the Plan of Action dated 07-02-2017 as prepared by the Committee headed by the Chief Secretary and approved by the Government, as follows:-
1. In regards to advertisement/signages indicating availability of liquor, the same need to be removed within 500 meters from the edge of the highways or service lanes, as the case may be.
Further, in rest of the area of State, the Goa Excise Duty Act, 1964 prohibits alcohol advertisement and the same be enforced;
2. In regards to wholesale license, as they are not permitted to sell to a consumer and only stock material for purpose of sale to another licensee, they do not fall within the purview of the decision, provided they do not display any advertisement/signage;
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3. In regards to bars & restaurants and taverns, in view of the legal advice tendered, the same are not covered by the judgment and therefore their licenses be renewed. However, the renewal is subject to any further directives of the Apex Court; and
4. All shops/vends, i.e. retail sale of liquor in packed/sealed bottles, however being explicitly covered under Supreme Court decision, within distance of 500 meters radius; cannot be permitted and therefore license shall not be renewed.
By order and in the name of the Governor of Goa.
Daulat Hawaldar, Finance Secretary.
Porvorim, 27th March, 2017.
(Published in the Official Gazette Series II No. 2 dated 13-4-2017) ________ -8- Order No. 1/9/2016-Fin (R&C) (c) Read: Order No. 1/9/2016-Fin (R&C) (c) dated 27-03-2017.
Whereas, the Hon‘ble Supreme Court of India vide its Orders dated 31-03-2017 in IA Nos. 4-6, 7- 9, 10-12, 13-15, 16-18, 19-21, 22-24, 25-27, 28-30, 31-33, 34-36, 37-39, 40-42 in Civil Appeal Nos.
12164- 12166 of 2016 has further clarified and issued revised directions in respect of the judgment dated 15-12- 2016 in Civil Appeal Nos. 12164-12166 of 2016 issued certain directions under Article 142 of the Constitution of India, mainly to prohibit sale of liquor along the National and State Highways w.e.f. 01st April, 2017;
And whereas, vide Order dated 27-03-2017 read above, certain directions were given by the Government in order to modify the coverage of the Plan of Action No. 1/9/2016-Fin (R&C)(b) dated 07- 02-2017 as prepared by the Committee headed by the Chief Secretary and approved by the Government, as follows:-
1. In regards to advertisement/signages indicating availability of liquor, the same need to be removed within 500 meters from the edge of the highways or service lanes, as the case may be.
Further, in rest of the area of State, the Goa Excise Duty Act, 1964 prohibits alcohol advertisement and the same be enforced;
2. In regards to wholesale license, as they are not permitted to sell to a consumer and only stock material for purpose of sale to another licensee, they do not fall within the purview of the decision, provided they do not display any advertisement/signage;
3. In regards to bars & restaurants and taverns, in view of the legal advice tendered, the same are not covered by the judgment and therefore their licenses be renewed. However, the renewal is subject to any further directives of the Apex Court; and
4. All shops/vends, i.e. retail sale of liquor in packed/sealed bottles, however being explicitly covered under Supreme Court decision, within distance of 500 meters radius; cannot be permitted and therefore license shall not be renewed.
Now, therefore, in view of the Orders of the Hon‘ble Supreme Court dated 31-03-2017, which clarifies that the judgment dated 15-12-2016 covers retail sale of liquor for the purpose of consumption on the premises i.e. bars & restaurants, directions at serial number (3) above, shall stand deleted.
Further, in view of the revised orders of the Supreme Court, viz.— “In the case of areas comprised in local bodies with a population of 20,000 people or less, the distance of 500 metres shall stand reduced to 220 metres”;
the Commissioner (Excise) shall proceed to renew the licenses of the retail sale of liquor to the licensees located beyond 220 metres from the outer edge of the State and National Highways, except in the areas comprising the census towns of Curchorem, Margao, Mormugao, Panaji, Mapusa & Ponda and Village Panchayats of Taleigao, Sancoale and Curti-Khandepar having a population of over 20,000.
By order and in the name of the Governor of Goa.
Daulat Hawaldar, IAS, Finance Secretary.
Porvorim, 5th April, 2017.
(Published in the Official Gazette Series II No. 2 dated 13-4-2017) ________ -9- Government of Goa, Daman and Diu Finance Department ORDER Exc/1/64 By virtue of powers vested in me by sub-section (3) of section 3 of the Goa, Daman and Diu Excise Duy Act, 1964, read with rule 115 of the Goa, Daman and Diu Excise Duty Rules, 1964, I , Rajarama Hede, Commissioner of Excise, do hereby delegate, with effect from this date, the powers under the said Act specified in columns 2 and 3 of the table appended below to the officers specified in column 4 thereof and direct that the said powers shall be exercised and discharged by the said officers within their respective jurisdication:- Sl. No. Section Description of power Designation of the officer 1 2 3 4
(i) 5 Power to issue permit for transport of liquor within the Taluka from one place to another or from one taluka to another.
Power to issue permit for transport of liquor within the Taluka from one place to another or from one taluka to another.
Head of Revenue office of the Taluka from which the liquor is transported.
Excise Guard of the area from which the liquor is transported.
(ii) 8 Power to issue permit for possession of liquor in excess of the limit prescribed under section 8.
Head of Revenue office of the Taluka in which the person seeking permit his residence.
(iii) 16 Power to cancel licence if any fee or duty payable by the holder thereof be not duly paid Head of Revenue Office.
(iv) 21 Power to permit sale of liquor and execution of bond as prescribed in sub-section (3) of section 21.
Head of Revenue office of the Taluka in which the licensed premises for sale of liquor is located.
The Commissioner of Excise, Rajarama Hede.
Panajim, 1st December, 1964.
(Published in the Official Gazette Series I No. 51 dated 17-12-1964) ________ -10- GOVERNMENT OF GOA, DAMAN AND DIU Finance Department ORDER Exc/l/64 By virtue of powers vested in me by sub-section (3) of section 3 of the Goa, Daman and Diu Excise Duty Act, 1964, read with rule 115 of the Goa, Daman and Diu Excise Duty Rules, 1964, I, Rajarama Hede, Commissioner of Excise, do hereby delegate, with effect from this date, the powers under the said Act specified in columns 2 and 3 of the table appended below to the officers specified in column 4 thereof and direct that the said powers shall be exercised and discharged by the said officers within their respective jurisdiction: - TABLE Sl. No. Section Description of power Designation of the officer 1 2 3 4
(i) 5 Power, to issue permit for transport of liquor within the Taluka from one place to another or from one Taluka to another.
Head of Revenue office of the Taluka from which the liquor is transported.
Power to issue, permit for transport of country, Liquor within the Taluka from one place to another.
Excise Guard of the area from which the liquor is transported.
(ii) 8 Power to issue permit for possession of liquor in excess of the limit prescribed under section 8.
Head of Revenue office of the Taluka in which the person seeking permit has his residence.
(iii) 016 Power to cancel licence if any fee or duty payable by the holder thereof be not duly, paid.
Head of Revenue Office
(iv) 21 Power to permit sale of liquor and execution of bond as prescribed in sub- section (3) of section
21.
Head of Revenue office of the Taluka in which licensed premises for sale of liquor is located.
- The Commissioner of Excise, Rajarama Hede.
Panjim, 1st December, 1964.
(Published in the Government Gazette Series I No. 51 dated 17-12-1964) _______ Orders in the provision of the Goa, Daman and Diu Excise Duty Act, 1964, (State Act 16 of 1964)