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Notification No. 9/99- C.E. (N.T.), dated
10-2-1999
Notification under Sections
13, 14, 19, 21, 28 and Excise Rules 201, 202 -
In exercise of
the powers conferred under the provisions of the Central Excise Act, 1944
(1 of 1944) and the Central Excise Rules, 1944 specified under column (2)
of the Table below and in supersession of notification of the Government
of India in the Ministry of Finance, Department of Revenue No. 102/57-C.E.,
dated the 7th December, 1957, except in so far as it relates with Section
26 of the said Act, the Central Government hereby empowers the Central
Excise Officers specified in column (4) of the Table below to exercise
the powers of arrest, search and seizure, to hold enquiries and to confiscate
vessels and cargo, under the provisions of the said Act and the said Central
Excise Rules specified in column (2) of the said Table, and subject to
the conditions and limitations, if any, as specified in column (4) of the
said Table.
TABLE
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Serial No.
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Sections of the Central
Excise Act, 1944 (1 of
1944)/ Rules of the Central
Excise Rules, 1944 |
Nature Of Power
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Central Excise Officer
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(1)
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(2)
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(3)
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(4)
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1.
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Section 13 |
Power to arrest under said
section |
All Central Excise Officers
not below the rank of an Assistant Commissioner of Central Excise and Central
Excise Officer below the rank of Assistant Commissioner, if authorised
in writing by the Assistant Commissioner of Central Excise or any other
Central Excise Officer superior in rank to the Assistant Commissioner of
Central Excise to exercise such power. |
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2.
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Section 14 |
Power to summon persons
to give evidence and produce documents in inquiries under the said section |
All Central Excise Officers
not below the rank of a Superintendent of Central Excise |
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3.
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Section 19 and Section 21 |
Power to send persons arrested
to the Magistrate under the said section 19 and consequential powers under
the said section 21 |
All Central Excise Officers
not below the rank of a Superintendent of Central
Excise. |
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4.
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Rule 201 and Rule 202 |
Power to enter and search
under the said rule 201 and consequential powers under the said rule 202 |
Not below the rank of an
Inspector of Central Excise, provided that such entry, search and access
shall be made (except in case of a factory, conveyance or vessel), with
the written permission of an officer not below the rank of an Assistant
Commissioner of Central Excise. |
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5.
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Section 28 |
Power to order for
confiscation of vessel and cargo under the said section |
Not below the rank of an
Assistant Commissioner of Customs. |
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