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Section 37 – The Central Excise Act, 1944

The Central Excise Act, 1944

 

 

37. POWER OF CENTRAL GOVERNMENT TO MAKE RULES.

 

37. Power of Central Government to make rules.—*(1) The Central Government may make rules to carry into effect the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may—

 

1[(i) provide for determining under section 4 the nearest ascer­tainable equivalent of the normal price;

 

(ia) having regard to the normal practice of the wholesale trade, define or specify the kinds of trade discount to be excluded from the value under section 4 including the circumstances in which and the conditions subject to which such discount is to be so excluded;]

 

2[(ib)] provide for the assessment and collection of duties of excise, the authorities by whom functions under this Act are to be discharged, the issue of notices requiring payment, the manner in which the duties shall be payable, and the recovery of duty not paid;

 

3[(ibb) provide for charging or payment of interest on the differential amount of duty which becomes payable or refundable upon finalisation of all or any class of provisional assessments.]

 

4[(ic) provide for the remission of duty of excise leviable on any excisable goods, which due to any natural cause are found to be deficient in quantity, the limit or limits of percentage beyond which no such remission shall be allowed and the different limit or limits of percentage for different varieties of the same excisable goods or for different areas or for different seasons;]

 

5[(id) provide for the amount to be paid for compounding under sub-section (2) of section 9A;]

 

(ii) prohibit absolutely, or with such exceptions, or subject to such conditions as the Central Government thinks fit, the produc­tion or manufacture, or any process of the production or manufac­ture, of excisa­ble goods, or of any component parts or ingredients or containers thereof, except on land or premises approved for the purpose;

 

(iii) prohibit absolutely, or with such exceptions, or subject to such conditions as the Central Government thinks fit, 6[***] the transit of excisable goods from any part of 7[India] to any other part thereof;

 

(iv) regulate the removal of excisable goods from the place where produced, stored or manufactured or subjected to any process of production or manufacture and their transport to or from the premises of a 8[registered] person, or a bonded warehouse, or to a market;

 

(v) regulate the production or manufacture, or any process of the production or manufacture, the possession, storage and sale of salt, and so far as such regulation is essential for the proper levy and collection of the duties imposed by this Act, of any other excisable goods, or of any component parts or ingredients or containers thereof;

 

(vi) provide for the employment of officers of the Government to supervise the carrying out of any rules made under this Act;

 

(vii) require a manufacturer or the licensee of a warehouse to provide accommodation within the precincts of his factory or warehouse for officers employed to supervise the carrying out of regulations made under this Act and prescribe the scale of such accommodation;

 

(viii) provide for the appointment, licensing, management and supervision of bonded warehouses and the procedure to be followed in entering goods into and clearing goods from such warehouses;

 

(ix) provide for the distinguishing of goods which have been 9[manufactured after registration], of materials which have been imported under licence, and of goods on which duty has been paid, or which are exempt from duty under this Act;

 

(x) impose on persons engaged in the production or manufacture, storage or sale (whether on their own account or as brokers or commission agents) of salt, and, so far as such imposition is essential for the proper levy and collection of the duties im­posed by this Act, of any other excisable goods, the duty of furnishing information, keeping records and making returns, and prescribe the nature of such information and the form of such records and returns, the particulars to be contained therein, and the manner in which they shall be verified;

 

(xi) require that excisable goods shall not be sold or offered or kept for sale in 10[India] except in prescribed containers, bear­ing a banderol, stamp or label of such nature and affixed in such manner as may be prescribed;

 

(xii) provide for the issue of 11[registration certificates] and transport permits and the fees, if any, to be charged therefore:

 

Provided that the fees for the licensing of the manufacture and refining of salt and saltpetre shall not exceed, in the case of each such licence, the following amounts, namely:—

 

Licence to manufacture and refine saltpetre and to separate and purify Rs.
  salt in the process of such manufacture and refining   50
Licence to manufacture saltpetre  02
Licence to manufacture sulphate of soda (kharinun) by     Rs
solar heat in evaporating pans   10
Licence to manufacture sulphate of soda (kharinun) by artificial heat    02
Licence to manufacture other saline substances     02

 

 

(xiii) provide for the detention of goods, plant, machinery or material, for the purpose of exacting the duty, the procedure in connection with the confiscation, otherwise than under section 10 or section 28, of goods in respect of which breaches of the Act or rules have been committed, and the disposal of goods so de­tained or confiscated;

 

(xiv) authorise and regulate the inspection of factories and provide for the taking of samples, and for the making of tests, of any substance produced therein, and for the inspection or search of any place or conveyance used for the production, stor­age, sale or transport of salt, and so far as such inspection or search is essential for the proper levy and collection of the duties imposed by this Act, of any other excisable goods;

 

(xv) authorise and regulate the composition of offences against, or liabilities incurred under this Act or the rules made there­under;

 

(xvi) provide for the grant of a rebate of the duty paid on goods which are exported out of India or shipped for consumption on a voyage to any port outside India 12[including interest thereon];

 

13[***]

 

14[(xvia) provide for the credit of duty paid or deemed to have been paid on the goods used in, or in relation to, the manufac­ture of excisable goods;]

 

15[(xviaa) provide for credit of service tax leviable under Chapter V of the Finance Act, 1994 (32 of 1994), paid or payable on taxable services used in, or in relation to, the manufacture of excisable goods;]

 

16[(xvib) provide for the giving of credit of sums of money with respect to raw materials used in the manufacture of excisable goods;]

 

17[(xvic) provide for charging and payment of interest as the case may be, on credit of duty paid or deemed to have been paid on the goods used in, or in relation to, the manufacture of excisable goods where such credit is varied subsequently;]

 

(xvii) exempt any goods from the whole or any part of the duty imposed by this Act;

 

18[(xviia) provide incentives for increased production or manufac­ture of any goods by way of remission of, or any concession with respect to, duty payable under this Act;]

 

(xviii) define an area no point in which shall be more than one hundred yards from the nearest point of any place in which salt is stored or sold by or on behalf of the Central Government, or of any factory in which saltpetre is manufactured or refined, and regulate the possession, storage and sale of salt within such area;

 

(xix) define an area round any other place in which salt is manufactured, and regulate the possession, storage and sale of salt within such area;

 

(xx) authorise the 19[Central Board of Excise and Customs consti­tuted under the Central Boards of Revenue Act, 1963 (54 of 1963)] or 20[Commissioners of Central Excise] appointed for the purposes of this Act to provide, by written instructions, for supplemental matters arising out of any rule made by the Central Government under this section;

 

21[(xxi) provide for the publication, subject to such conditions as may be specified therein, of names and other particulars of persons who have been found guilty of contravention of any of the provisions of this Act or of any rule made thereunder;]

 

22[(xxii) provide for the charging of fees for the examination of excisable goods intended for export out of India and for render­ing any other service by a Central Excise Officer under this Act or the rules made thereunder.]

 

23[(xxiii) specify the 24[form and manner] in which application for refund shall be made under section 11B;

 

(xxiv) provide for the manner in which money is to be credited to the Fund;

 

(xxv) provide for the manner in which the Fund shall be utilised for the welfare of the consumers;

 

(xxvi) specify the form in which the account and records relating to the Fund shall be maintained;]

 

25[(xxvii) specify the persons who shall get themselves registered under section 6 and the manner of their registration.]

 

26[(xxviii) provide for the lapsing of credit of duty lying unutilised with the manufacturer of specified excisable goods on an appointed date and also for not allowing such credit to be utilised for payment of any kind of duty on any excisable goods on and from such date.]

 

27[(2A) The power to make rules conferred by clause (xvi) of sub-section (2) shall include the power to give retrospective effect to rebate of duties on inputs used in the export goods from a date not earlier than the changes in the rates of duty on such inputs.]

 

(3) In making rules under this section, the Central Government may
provide that any person committing a breach of any rule shall, where no other penalty is provided by this Act, be liable to a penalty not exceeding 28[five thousand rupees].

 

29[(4) Notwithstanding anything contained in sub-section (3), and without prejudice to the provisions of section 9, in making rules under this section, the Central Government may provide that if any manufacturer, producer or licensee of a warehouse—

 

(a) removes any excisable goods in contravention of the provi­sions of any such rule, or

 

(b) does not account for all such goods manufactured, produced or stored by him, or

 

(c) engages in the manufacture, production or storage of such goods without having applied for the 30[registration as] required under section 6, or

 

31[(d) contravenes the provisions of any such rule with intent to evade payment of duty, then all such goods shall be liable to confiscation and the manufacturer, producer or licensee shall be liable to a penalty not exceeding the duty leviable on such goods or 32[two thousand rupees], whichever is greater.]

 

33[(5) Notwithstanding anything contained in sub-section (3), the Central Government may make rules to provide for the imposition upon any person who acquires possession of, or is in any way concerned in transporting, removing, depositing, keeping, con­cealing, selling or purchasing, or in any other manner deals with, any excisable goods which he knows or has reason to believe are liable to confiscation under this Act or the rules made thereunder, a penalty 34[not exceeding the duty leviable on such goods or 35[two thousand rupees], whichever is greater].]

 

———-

* For the period commencing on and from the 1st day of March, 1983 and ending with the 28th day of February, 1987, sub-section (1) of section 37 shall stand substituted and shall be deemed to have effect as if for the said sub-section, the following sub-section had been so substituted, namely:—

 

“(1) The Central Government may make rules, including rules conferring the power to issue notifications with retrospective effect under those rules, to carry into effect the purposes of this Act.”.

 

Note.—Amendment made to sub-section (1) shall be in addition to, and not in derogation of, the provisions of section 4.

 

Vide The Central Excise Laws (Amendment and Validation) Ordinance, 2005 (1 of 2005), sec. 2 (w.e.f. 25-1-2005).

 

1. Ins. by Act 22 of 1973, sec. 3 (w.e.f. 1-9-1973).

 

2. Clause (i) re-numbered as clause (ib) by Act 22 of 1973, sec. 3 (w.e.f. 1-9-1973).

 

3. Ins. by Act 27 of 1999, sec. 131 (w.e.f. 11-5-1999).

 

4. Ins. by Act 25 of 1978, sec. 25 (w.e.f. 1-7-1978).

 

5.Ins. by Act 23 of 2004, sec. 85 (w.e.f. 10-9-2004).

 

6. Certain words omitted by Act 41 of 1954, sec. 2 and Sch. (w.e.f. 8-10-1954).

 

7. Subs. by Act 25 of 1950, sec. 11 and Sch. IV, for “the States”.

 

8. Subs. by Act 18 of 1992, sec. 113, for “licensed” (w.e.f. 4-5-1992).

 

9. Subs. by Act 18 of 1992, sec. 113, for “manufactured under licence” (w.e.f. 4-5-1992).

 

10. Subs. by Act 25 of 1950, sec. 11 and Sch. IV, for “the States”.

 

11. Subs. by Act 18 of 1992, sec. 113, for “licences” (w.e.f. 4-5-1992).

 

12. Ins. by Act 22 of 1995, sec. 78 (w.e.f. 26-5-1995).

 

13. Proviso omitted by Act 49 of 1957, sec. 2 (w.e.f. 20-12-1957).

 

14. Ins. by Act 23 of 1986, sec. 51 (w.e.f. 13-5-1987).

 

15. Ins. by Act 23 of 2004, sec. 85 (w.e.f. 10-9-2004).

 

16. Ins. by Act 11 of 1987, sec. 94 (w.e.f. 12-5-1987).

 

17. Ins. by Act 22 of 1995, sec. 78 (w.e.f. 26-5-1995).

 

18. Ins. by Act 14 of 1982, sec. 48 (w.e.f. 11-5-1982).

 

19. Subs. by Act 54 of 1963, sec. 5, for “Central Board of Reve­nue” (w.e.f. 1-1-1964).

 

20. Subs. by Act 22 of 1995, sec. 70, for “Collectors of Central Excise” (w.e.f. 26-5-1995).

 

21. Ins. by Act 36 of 1973, sec. 24 (w.e.f. 1-9-1973).

 

22. Ins. by Act 79 of 1985, sec. 6 (w.e.f. 27-12-1985).

 

23. Ins. by Act 40 of 1991, sec. 8 (w.e.f. 20-9-1991).

 

24. Ins. by Act 22 of 1995, sec. 78 (w.e.f. 26-5-1999).

 

25. Ins. by Act 18 of 1992, sec. 113 (w.e.f. 4-5-1992).

 

26. Ins. by Act 27 of 1999, sec. 131 (w.r.e.f. 16-3-1995).

 

27. Ins. by Act 22 of 1995, sec. 78 (w.e.f. 26-5-1999).

 

28. Subs. by Act 10 of 2000, sec. 108, for certain words (w.e.f. 12-5-2000).

 

29. Ins. by Act 19 of 1968, sec. 38(1) (w.e.f. 11-5-1968).

 

30. Subs. by Act 18 of 1992, sec. 113, for “licence” (w.e.f. 4-5-1992).

 

31. Subs. by Act 10 of 2000, sec. 108, for certain words, (w.e.f. 12-5-2000).

 

32. Subs. by Act 22 of 2007, sec. 132(i), for “ten thousand rupees” (w.e.f. 11-5-2007

 

33. Ins. by Act 36 of 1973, sec. 24 (w.e.f. 1-9-1973).

 

34. Subs. by Act 10 of 2000, sec. 108, for certain words, (w.e.f. 12-5-2000).

 

35.Subs. by Act 22 of 2007, sec. 132(ii), for “ten thousand rupees” (w.e.f. 11-5-2007).

 

 

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