Section 37. Power of Central Government to make rules

CHAPTER VII SUPPLEMENTAL PROVISIONS 37. Power of Central Government to make rules. - 37A. Delegation of powers. - 37B. Instructions to Central Excise Officers. - 37C. Service of decisions, orders, summons, etc. - 37D. Rounding off of duty, etc. - 37E. Publication of information respecting persons in certain cases. CHAPTER VII SUPPLEMENTAL PROVISIONS 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". 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). (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 50 manufacture and refining |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. (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).