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
[(i-d) provide for the amount to be paid 6
[for compounding and the manner of compounding]
under sub-section (2) of Section 9-A;]
(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,
1. Ins. by Act 22 of 1973, s. 3 (w.e.f. 1-9-1973).
2. Clause (i) renumbered as clause (ib) by ibid, s. 3 (w.e.f. 1-9-1973).
3. Ins. by Act 27 of 1999, s. 131(a) (w.e.f. 11-5-1999).
4. Ins. by Act 25 of 1978, s. 25 (w.e.f. 1-7-1978).
5. Ins. by Act 23 of 2004, s. 85.
6. Subs. by Act 33 of 2009, s. 110, for “Compounding”.
85
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, 1
[* * *] the transit of excisable goods from any part of 2
[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
3
[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, or of any other excisable goods, or of any component parts
or ingredients or containers thereof;
(vi) provide for the employment of officers of the 4
[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 5
[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;
1. The words “the bringing of excisable goods into India from the State of Jammu and Kashmir, or” omitted by Act 41 of 1954,
s. 2 and Sch (w.e.f. 8-10-1954).
2. Subs. by Act 25 of 1950, s. 11 and Sch. IV, for “the States”.
3. Subs. by Act 18 of 1992, s. 113(5)(i)(a), for “licensed” (w.e.f. 14-5-1992).
4. Subs. by the A.O. 1950.
5. Subs. by Act 18 of 1992, s. 113(5)(i)(b), for “manufactured under licence” (w.e.f. 14-5-1992).
86
(xi) require that excisable goods shall not be sold or offered or kept for sale in 1
[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 2
[registration certificates] and transport permits and the fees, if any, to
be charged therefor:
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:—
Rs.
Licence to manufacture and refine saltpetre and to separate and purify salt in the process of such
manufacture and refining
50
Licence to manufacture saltpetre 2
Licence to manufacture sulphate of soda (Kharinun) by solar heat in evaporating pans 10
Licence to manufacture sulphate of soda (Kharinun) by artificial heat 2
Licence to manufacture other saline substances 2;
(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 that Act or rules have been committed, and the disposal of goods so
detained or confiscated;
3
[(xiii-a) provide for withdrawal of facilities or imposition of restrictions (including restrictions on
utilisation of CENVAT credit) on manufacturer or exporter or suspension of registration of dealer, for
dealing with evasion of duty or misuse of CENVAT credit;]
(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;
1. Subs. by Act 25 of 1950, s. 11 and Sch. IV, for “the States”.
2. Subs. by Act 18 of 1992, s. 113(5)(i)(c), for “licences” (w.e.f. 14-5-1992).
3. Ins. by Act 14 of 2010, s. 68.
87
(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 1
[including interest thereon];
2
[* * *]
3
[(xvi-a) 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;]
4
[(xvi-aa) 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;]
5
[(xvi-b) provide for the giving of credit of sums of money with respect to raw materials used in the
manufacture of excisable goods;]
6
[(xvi-c) 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;
7
[(xvii-a) 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 and any other place in which salt is manufactured, and regulate the possession,
storage and sale of salt within such area;
(xx) authorise the 8
[Central Board of Excise and Customs constituted under the Central Boards of
Revenue Act, 1963 (54 of 1963)] or 9
[Chief Commissioners of Central Excise or 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;
1. Ins. by Act 22 of 1995, s. 78(a)(i).
2. Proviso omitted by Act 49 of 1957, s. 2.
3. Ins. by Act 23 of 1986, s. 51 (w.e.f. 13-5-1986).
4. Ins. by Act 23 of 2004, s. 85.
5. Ins. by Act 11 of 1987, s. 94.
6. Ins. by Act 22 of 1995, s. 78.
7. Ins. by Act 14 of 1982, s. 48.
8. Subs. by Act 54 of 1963, s. 5, for central Board of Revenue” (w.e.f. 1-1-1964).
9. Subs, by Act 25 of 2014, s. 95, for “Commissioners of Central Excise” (w.e.f. 6-8-2004).
88
1
[(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;]
2
[(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;]
3
[(xxiii) specify the 4
[form and manner] in which application for refund shall be made under Section
11-B;
(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;]
5
[(xxvii) specify the persons who shall get themselves registered under Section 6 and the manner
of their registration;]
6
[(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.]
7
[(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 8
[five thousand rupees].
9
[(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
1. Ins. by Act 36 of 1973, s. 24.
2. Ins. by Act 79 of 1985, s. 6 (w.e.f. 27-12-1985).
3. Ins. by Act 40 of 1991, s. 8 (w.e.f. 20-9-1991).
4. Subs. by Act 22 of 1995, s. 78, for “form”.
5. Ins. by Act 18 of 1992, s. 113(5)(i)(d) (w.e.f. 4-5-1992).
6. Ins. by Act 27 of 1999, s. 131 (w.r.e.f. 16-3-1995).
7. Ins. by Act 22 of 1995, s. 78 (w.e.f. 26-5-1999).
8. Subs. by Act 10 of 2000, s. 108, for certain words (w.e.f. 12-5-2000).
9. Ins. by Act 19 of 1968, s. 38(i) (w.e.f. 11-5-1968).
89
(c) engages in the manufacture, production or storage of such goods without having applied for
the 1
[registration as] required under Section 6, or
2
[(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 3
[five thousand rupees],
whichever is greater.]
4
[(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 5
[not exceeding the duty leviable on such goods or 6
[five thousand
rupees], whichever is greater].]
7
[37A. Delegation of powers.—The Central Government may, by notification in the Official Gazette,
direct that subject to such conditions, if any, as may be specified in the notification—
(a) any power exercisable by the Board under this Act may be exercisable also by 8
[a 9
[Principal
Chief Commissioner of Central Excise or Chief Commissioner of Central Excise] or a 10[Principal
Commissioner of Central Excise or Commissioner of Central Excise]] empowered in this behalf by the
Central Government;
(b) any power exercisable by a 10[Principal Commissioner of Central Excise or Commissioner of
Central Excise] under this Act may be exercisable also by a 11[Joint] 10[Principal Commissioner of
Central Excise or Commissioner of Central Excise] or an Assistant 10[Principal Commissioner of
Central Excise or Commissioner of Central Excise] or Deputy 10[Principal Commissioner of Central
Excise or Commissioner of Central Excise] empowered in this behalf by the Central Government;
(c) any power exercisable by a 11[Joint] 10[Principal Commissioner of Central Excise or
Commissioner of Central Excise] under this Act may be exercisable also by an Assistant 10[Principal
Commissioner of Central Excise or Commissioner of Central Excise] or Deputy 10[Principal
Commissioner of Central Excise or Commissioner of Central Excise] empowered in this behalf by the
Central Government; and
1. Subs. by Act 18 of 1992, s. 113(5)(ii), for “licence” (w.e.f. 14-5-1992).
2. Subs. by Act 10 of 2000, s. 108, for (d) in sub-section (4).
3. Subs. by Act 20 of 2015, s. 103, for “two thousand rupees”.
4. Ins. by Act 36 of 1973, s. 24 (w.e.f. 1-9-1973).
5. Subs. by Act 10 of 2000, s. 108, for certain words, (w.e.f. 12-5-2000).
6. Subs. by Act 20 of 2015, s. 103, for “two thousand rupees”.
7. Ins. by Act 25 of 1978, s. 26 (w.e.f. 1-7-1978).
8. Subs. by Act 29 of 1988, s. 14, for “a Collector of Central Excise” (w.e.f. 16-8-1988).
9. Subs. by Act 25 of 2014, s. 95, for “Chief Commissioner of Central Excise” (w.e.f. 6-8-2014).
10. Subs. by ibid, s. 95, for “Commissioner of Central Excise”.
11. Subs. by Act 27 of 1999, s. 119, for “Deputy Commissioner of Central Excise” (w.e.f. 11-5-1999).
90
(d) any power exercisable by an Assistant 1
[Principal Commissioner of Central Excise or
Commissioner of Central Excise] or Deputy 1
[Principal Commissioner of Central Excise or
Commissioner of Central Excise] under this Act may be exercisable also by a gazetted officer of Central
Excise empowered in this behalf by the Board.]
2
[37B. Instructions to Central Excise Officers.—The Central Board of Excise and Customs
constituted under the Central Boards of Revenue Act, 1963 (54 of 1963), may, if it considers it necessary
or expedient so to do for the purpose of uniformity in the classification of excisable goods or with respect
to levy of duties of excise on 3
[such goods or for the implementation of any other provision of this Act],
issue such orders, instructions and directions to the Central Excise Officers as it may deem fit, and such
officers and all other persons employed in the execution of this Act shall observe and follow such orders,
instructions and directions of the said Board:
Provided that no such orders, instructions or directions shall be issued—
(a) so as to require any Central Excise Officer to make a particular assessment or to dispose of a
particular case in a particular manner; or
(b) so as to interfere with the discretion of the 1
[Principal Commissioner of Central Excise or
Commissioner of Central Excise] (Appeals) in the exercise of his appellate functions.
1
[37C. Service of decisions, orders, summons, etc.—(1) Any decision or order passed or any
summons or notices issued under this Act or the rules made thereunder, shall be served,—
(a) by tendering the decision, order, summons or notice, or sending it by registered post with
acknowledgment due 4
[or by speed post with proof of delivery or by courier approved by the Central
Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963 (54 of 1963)],
to the person for whom it is intended or his authorised agent, if any;
(b) if the decision, order, summons or notice cannot be served in the manner provided in clause (a),
by affixing a copy thereof to some conspicuous part of the factory or warehouse or other place of
business or usual place of residence of the person for whom such decision, order, summons or notice,
as the case may be, is intended;
(c) if the decision, order, summons or notice cannot be served in the manner provided in clauses
(a) and (b), by affixing a copy thereof on the notice-board of the officer or authority who or which
passed such decision or order or issued such summons or notice.
1. Subs. by Act 25 of 2014, s. 95, for “Commissioner of Central Excise”.
2. Sections 37B & 37C ins. by Act 79 of 1985, s. 7 (w.e.f. 27-12-1985).
3. Subs. by Act 28 of 2016, s. 144, for “such goods” (w.e.f. 14-5-2016).
4. Ins. by Act 17 of 2013, s. 100(i).
91
(2) Every decision or order passed or any summons or notice issued under this Act or the rules made
thereunder, shall be deemed to have been served on the date on which the decision, order, summons or
notice is tendered or delivered by post 1
[or courier referred to in sub-section (1)] or a copy thereof is affixed
in the manner provided in sub-section (1).]
2
[37D. Rounding off of duty, etc.—The amount of duty, interest, penalty, fine or any other sum
payable, and the amount of refund or any other sum due, under the provisions of this Act shall be rounded
off to the nearest rupee and, for this purpose, where such amount contains a part of a rupee consisting of
paise then, if such part is fifty paise or more, it shall be increased to one rupee and if such part is less than
fifty paise it shall be ignored.]
3
[37E. Publication of information respecting persons in certain cases.—(1) If the Central
Government is of opinion that it is necessary or expedient in the public interest to publish the names of any
person and any other particulars relating to any proceedings or prosecutions under this Act in respect of
such person, it may cause to be published such names and particulars in such manner as if thinks fit.
(2) No publication under this section shall be made in relation to any penalty imposed under this Act
until the time for presenting an appeal to the Commissioner (Appeals) under Section 35 of the Appellate
Tribunal under Section 35-B, as the case may be, has expired without an appeal having been presented or
the appeal, if presented, has been disposed of.
Explanation.—In the case of a firm, company or other association of persons, the names of the
partners of the firm, directors, managing agents, secretaries and treasurers or managers of the company,
or the members of the association, as the case may be, may also be published if, in the opinion of the
Central Government, circumstances of the case justify it.]
4
[38. Publication of rules and notifications and laying of rules before Parliament.—(1) All rules
made and notifications issued under this Act shall be published in the Official Gazette.
5
[(2) Every rule made under this Act, every notification issued under 6
[Section 3A, 7
[Section 3C]
Section 4A,] sub-section (1) of Section 5A, 8
[Section 5B] and Section 11C and every order made under
sub-section (2) of Section 5A, other than an order relating to goods of strategic, secret, individual or
personal nature, shall be laid, as soon as may be after it is made or issued, before each House of Parliament,
while it is in session, for a total period of thirty days which may be comprised in one session, or in two or
more successive sessions, and if, before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or
order, or both Houses agree that the rule should not be made or notification or order should not be issued
or made, the rule or notification or order shall thereafter have effect only in such modified form or be of no
1. Ins. by Act 17 of 2013, s. 100(ii).
2. Ins. by Act 12 of 1990, s. 65 (w.e.f. 31-5-1990).
3. Ins. by Act. 29 of 2006, s. 38 (w.e.f. 1-9-1973).
4. Subs. by Act 22 of 1973, s. 4, for section 38.
5. Subs. by Act 22 of 1995, s. 79, for sub-section (2) (w.e.f. 26-5-1995).
6. Ins. by Act 26 of 1997, s. 84 (w.e.f. 14-5-1997).
7. Ins. by Act 18 of 2017, s. 9.
8. Ins. by Act 8 of 2011, s. 70.
92
effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule or notification or order.]]
1
[38A. Effect of amendments, etc. of rules, notifications or orders.—Where any rule, notification or
order made or issued under this Act or any notification or order issued under such rule, is amended,
repealed, superseded or rescinded, then, unless a different intention appears, such amendment, repeal,
supersession or rescinding shall not—
(a) revive anything not in force or existing at the time at which the amendment, repeal, supersession
or rescinding takes effect; or
(b) affect the previous operation of any rule, notification or order so amended, repealed, superseded
or rescinded or anything duly done or suffered thereunder; or
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any rule,
notification or order so amended, repealed, superseded or rescinded; or
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed under
or in violation of any rule, notification or order so amended, repealed, superseded or rescinded; or
(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege,
obligation, liability, penalty, forfeiture or punishment as aforesaid,
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced
and any such penalty, forfeiture or punishment may be imposed as if the rule, notification or order, as
the case may be, had not been amended, repealed, superseded or rescinded.]
2
[38B. Savings of references to Chapter, Heading, Sub-heading and tariff item in Central Excise
Tariff Act, 1985.—Notwithstanding the repeal of the Central Excise Tariff Act, 1985 (5 of 1986) by
sub-section (1) of Section 174 of the Central Goods and Services Tax Act, 2017, any reference to the
Chapter, heading, sub-heading or tariff item, as the case may be, in the First Schedule to the said Act or in
any rules or regulations made thereunder, or in any notification, circular, order or instruction issued
thereunder, shall mean a reference to the Chapter, heading, sub-heading or tariff item, as the case may be,
in the Fourth Schedule.]
39. Repeal of enactments.—[Rep. by the Repealing and Amending Act, 1947 (2 of 1948), S. 2 and
Sch.]
3
[40. Protection of action taken under the Act.—(1) No suit, prosecution or other legal proceeding
shall lie against the Central Government or any officer of the Central Government or a State Government
for anything which is done, or intended to be done, in good faith, in pursuance of this Act or any rule made
thereunder.
1. Ins. by Act 14 of 2001, s. 131 (w.r.e.f. 28-2-1944).
2. Ins. by Act 18 of 2017, s. 10.
3. Subs. by Act 22 of 1973, s. 5, for section 40 (w.e.f. 1-9-1973).
93
(2) No proceeding, other than a suit, shall be commenced against the Central Government or any officer
of the Central Government or a State Government for anything done or purported to have been done in
pursuance of this Act or any rule made thereunder, without giving the Central Government or such officer
a month’s previous notice in writing of the intended proceeding and of the cause thereof or after the
expiration of three months from the accrual of such cause.