CENTRAL BOARD OF EXCISE AND CUSTOMS THE CENTRAL EXCISE LAWS (AMENDMENT AND VALIDATION) ORDINANCE, 2005. DATE 25/01/2005
Promulgated by the President in the Fifty-fifth Year of the Republic of India.
An Ordinance further to amend the Central Excise Act, 1944, rules made thereunder, certain notifications relating to exemption from duties of excise during a past period and to validate the actions taken under such notifications during such period.
WHEREAS Parliament is not in session and the President is satisfied that the circumstances exist which render it necessary for him to take immediate action.
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:-
| 1 .(1) This Ordinance may be called the Central Excise Laws (Amendment and Validation) Ordinance, 2005. | Short title and commencement. |
Amendment of Section 37 of Act 1 of 1944 | 2. For the period commencing on and from 1st day of March, 1983 and ending with the 28th day of February, 1987, sub-section (1) of section 37 of the Central Excise Act, 1944 shall stand substituted and shall be deemed to have effect as if for the said sub-section, the following sub-section had been substituted, namely:- |
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Amendment of rule 8 of the Central Excise Rules, 1944. | 3. For the period commencing on and from the 1st day of March, 1983 and ending with the 28th day of February, 1987, after sub-rule (1) of rule 8 of the Central Excise Rules, 1944, as it stood before its omission by the Central Excise (Third Amendment) Rules, 1988, the following sub-rule (1A) shall stand inserted and shall be deemed to have effect as if the said sub-rule had been so inserted, namely:- |
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Amendment of notifications issued under sub-rule (1) of rule 8 of the Central Excise Rules, 1944. | 4. (1) The notifications of the Government of India in the Ministry of Finance (Department of Revenue), - | 58 of 1957 . |
| 5. Notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority - | Validation of notifications issued under sub-rule (1) of rule 8 of the Central Excise Rules, 1944 |
Application of section 4 | 6. For the removal of doubts, it is hereby declared that the amendment made to sub-section (1) of section 37 of the Central Excise Act, 1944 by section 2 and the amendment made to rule 8 of the Central Excise Rules, 1944 by section 3 shall be in addition to, and not in derogation of, the provisions of section 4. |
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THE SCHEDULE
(See section 3)
S. No. | Notification No. and date | Amendment | Date of effect of amendment |
(1) | (2) | (3) | (4) |
1. | G. S. R. 120 (E), dated the 1st March, 1983 (36/83-Central Excise dated 1st March, 1983) | In the said notification, in the Explanation, for clause (3), the following clause shall be substituted, namely:- | 3 |
2. | G.S.R. 607 (E), dated the 4th August, 1983 [211/1983-Central Excise, dated the 4th August, 1983] | In the said notification, in the Explanation, for clause (3), the following clause shall be substituted, namely:- | 4th day of August, 1983 to 24th day of March, 1985 (both days inclusive) |
3. | G.S.R. 298 (E), dated the 25th March, 1985 [100/1985-Central Excise, dated the 25th March, 1985] | In the said notification, in the Explanation, for clause (3), the following clause shall be substituted, namely:- | 25th day of March 1985 to 23rd day of May, 1985 (both days inclusive) |
4. | G.S.R.431 (E), dated the 24th May, 1985 [134/1985-Central Excise, dated the 24th May,1985] | In the said notification, in the Explanation, for clause (3), the following clause shall be substituted, namely:- | 24th day of May, 1985 to 1st day of September, 1985 (both days inclusive) |
5. | G.S.R. 701 (E), dated the 2nd September,1985. [201/1985-Central Excise, dated the 2nd September,1985] | In the said notification, in the Explanation, for clause (3), the following clause shall be substituted, namely:- | 2nd day of September, 1985 to 19th day of September, 1985 (both days inclusive) |
6. | G.S.R. 747 (E), dated the 20th September, 1985. [210/1985-Central Excise, dated the 20th September, 1985] | In the said notification, for clause (4) as substituted by item (ii), the following clause shall be substituted, namely:- | 20th day of September, 1985 to 28th day of February, 1987 (both days inclusive) |
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