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This is an archive article published on November 23, 2022

‘An attempt to protect officers’: Jharkhand Governor returns Excise Amendment Bill

After three months of deliberations, the Governor sent the Bill back on Tuesday (November 22), directing the government to go through the provisions in different states and take the views of the revenue council on the same.

Since assuming office in July last year, Jharkhand Governor Ramesh Bais has returned three Bills prior to this one. (Twitter/@jhar_governor)Since assuming office in July last year, Jharkhand Governor Ramesh Bais has returned three Bills prior to this one. (Twitter/@jhar_governor)

Stating that the amendments made in the Jharkhand Excise (Amendment) Bill-2022 “is seen as to be an attempt to protect officers of any criminal or unconstitutional activities”, Governor Ramesh Bais returned the Bill, asking for reconsideration. After the excise Bill was passed by the Jharkhand Assembly, the government had sent it to the Governor for assent in August.

After three months of deliberations, the Governor sent the Bill back on Tuesday (November 22), directing the government to go through the provisions in different states and take the views of the revenue council on the same. File notings point out that liquor is sold in the state through shops run by agencies selected by the Jharkhand State Beverage Corporation Limited. It is these agencies whose accountability has been fixed in case of any wrongdoing or any illegal acts, but the officials of the Corporation or the Excise Department have been left out of it, the notings said.

“With the amendments in the new Bill, only those local workers who operate the shops will be held responsible. However, the entire accountability lies with these agencies and it is important that the Corporation should also monitor the activities… This arrangement is seen as an attempt to protect criminal or unconstitutional activities of officials of the corporation and the agencies,” the Governor said, as per the file notings.

The amended Bill had also painted a picture of increased revenue, which, the Governor think, was not the case. “After the implementation of excise policy, the department had promised that it would increase the revenue, but in contrast it is being seen that in the first six months the revenue is dropping. Since there is no direct accountability of the officers and the employees of the Corporation and the Department, there will be less monitoring and the illegal acts will be encouraged. It is possible that revenue may fall too,” the Governor said.

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The tug of war in Jharkhand

The Governor also added that the amended Bill has provision that persons found in possession of 20 litres of alcohol can be let go on a personal bond as decided by the officer. “From this provision, a meaning arises: any person can have a stock of 20 litres of liquor, which does not seem proper,” Bais said.

Since assuming office in July last year, Jharkhand Governor Ramesh Bais has returned three Bills prior to this one. In fact, the Jharkhand Finance (Amendment Bill)-2021 was returned twice citing defects. The other two Bills are Mob Violence and Mob Lynching Bill-2021, and Pandit Raghunath Murmu Tribal University Bill-2021. Out of the three Bills returned, only the Tribal University Bill was finally cleared by the Governor.

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