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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

Serial No. 

Sections of the Central  Excise Act, 1944 (1 of 
1944)/ Rules of the Central Excise Rules, 1944

Nature Of Power

Central Excise Officer

(1)

(2) 

(3) 

(4)

1.

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.

2.

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

3.

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.

4.

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.

5. 

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.