Section 5. Powers of the Committee

5. Powers of the Committee. - 5A. Imposition of cess on textiles and textile machinery manufactured in India. - 5B. Constitution of Tribunal. - 5C. Hearing of appeals by Tribunal. - 5D. Recovery of duty of excise. - 5E. Power to exempt. - 5F. Payment of proceeds of cess to the Committee. 6. Grants by Central Government to the Committee. 7. Constitution of Fund. 8. Standing or ad hoc Committee. 9. Officers and other employees of the Committee. 10. Transfer of service of existing employees to the Committee 11. Inspection. 12. Levy of fees for inspection and examination. 13. Accounts and audit. 14. Delegation of powers and duties. 15. Acts or proceedings of Committee not to be invalidated. 16. Officers and employees of the Committee to be public servants. 5. Powers of the Committee.— The Committee may exercise all such powers as may be necessary or expedient for the purpose of carrying out its functions under this Act. 1[5A. Imposition of cess on textiles and textile machinery manufactured in India.— (1) There shall be levied and collected as a cess for the purposes of this Act a duty of excise on all textiles and on all textile machinery manufactured in India at such rate, not exceeding one per cent. ad valorem as the Central Government may, by notification in the Official Gazette, fix: Provided that no such cess shall be levied on textiles manufactured from out of handloom or powerloom industry. (2) The duty of excise levied under sub-section (1) shall be in addition to any cess or duty leviable on textiles or textile machinery under any other law for the time being in force. (3) The duty of excise levied under sub-section (1) shall be collected by the Committee, in accordance with the rules made in this behalf, from every manufacturer of textiles or textile machinery (hereinafter in this section and in sections 5C and 5D referred to as the manufacturer). with the rules made in this behalf, from every manufacturer of textiles or textile machinery (4) The manufacturer shall pay to the Committee the amount of the duty of excise levied under sub-section (1) within one month from the date on which he receives a notice of demand therefore from the Committee. (5) For the purpose of enabling the Committee to assess the amount of the duty of excise levied under sub-section (1),— (a) the Committee shall, by notification in the Gazette of India, fix the period in respect of which assessments shall be made; and (b) every manufacturer shall furnish to the Committee a return, not later than fifteen days after the expiry of the period to which the return relates, specifying the total quantity of textiles or textile machinery manufactured by him during the said period and such other particulars as may be prescribed. machinery manufactured by him during the said period and such other particulars as may (6) If any manufacturer fails to furnish the return referred to in sub-section (5) within the time specified therein, or furnishes a return which the Committee has reason to believe is incorrect or defective, the Committee may assess the amount of the duty of excise in such manner as may be prescribed. defective, the Committee may assess the amount of the duty of excise in such manner as may (7) Any manufacturer aggrieved by an assessment made under this section may appeal to the Tribunal, constituted under section 5B for cancellation or modification of the assessment.