TO BE PUBLISHED IN PART II, SECTION (3), SUB-SECTION (i) OF THE GAZETTE OF INDIA, EXTRAORDINARY, DATED THE  26TH JUNE, 2001

5 ASADHA, 1923 (SAKA)

 

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

***

New Delhi, dated the  26th June, 2001

5 Asadha, 1923 (Saka)

 

 

NOTIFICATION

No.35/2001-CENTRAL EXCISE (N. T.)

 

G.S.R   (E). In exercise of powers conferred by rule 9 of the Central Excise (No.2) Rules, 2001, (hereinafter referred to as the said rules) the Central Board of Excise and Customs hereby specifies the conditions, safeguards and procedures for registration of a person under the said rules and exemptions from registration in specified cases: -

 

(1) Application for registration: Every person specified under sub-rule (1) of rule 9, unless exempted from doing so by the Board under sub-rule (2) of rule 9, shall get himself registered with the jurisdictional Superintendent of Central Excise by applying in the form specified in Annexure-I;

 

(2) Registration of different premises of the same registered person: If the person has more than one premises requiring registration, separate registration certificate shall be obtained for each of such premises.

 

(3) Registration Certificate and Number:  Registration Certificate in the Form specified in Annexure-II containing registration number shall be granted within seven days of the receipt of the duly complete application.

 

 (4) Transfer of Business: Where a registered person transfers his business to another person, the transferee shall get himself registered afresh.

 

(5) Change in the Constitution:  Where a registered person is a firm or a company or association of persons, any change in the constitution of firm, company or association, shall be intimated to the jurisdictional Central Excise Officer within thirty days of such change.

 

(6) De-registration: Every registered person, who ceases to carry on the operation for which he is registered, shall de-register himself by making a declaration in the form specified in Annexure-III and depositing his registration certificate with the Superintendent of Central Excise.

 

(7) Revocation or suspension of registration: A registration certificate granted under this rule may be revoked or suspended by the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise, if the holder of such certificate or any person in his employment, is found to have committed breach of any of the provisions of the Act or the rules made thereunder or has been convicted of an offence under section 161, read with section 109 or with section 116 of the Indian Penal Code (45 of 1860).

 

 

 


Annexure-I

FORM A-1

Application for Registration to cure/produce/manufacture/conduct wholesale trade/act as a broker

or commission agent/obtain excisable goods, for industrial purpose etc.

[ Rule 9 ]

(Delete the letters and words not applicable)

 

To

 

The Superintendent of Central Excise,

 

Sir,

 

I/We_____________________________Son/Daughter(s) of___________________ residing at ____________________hereby request that I/We _______________________ may be issued a registration certificate under Rule 9 for the purposes indicated in the schedule. Other details required are also furnished in the schedule.

 

2. I/We___________________ agree to abide by all the terms and conditions of the registration which may be imposed from time to time.

 

3. I/We_________________________ agree to abide by all the provisions of Central Excise (No.2) Rules, 2001 and any orders issued thereunder.

 

4. I/We_________________ declare to the best of my/our knowledge and belief the information furnished herein is true and complete.

 

Place:

Date:                                                                                                                                       Signature of the applicant

(Signatures)

 

…………………………………………………..tear here………………………………………………

 

ACKNOWLEDGEMENT

 

Received an application for Registration from Ms./Mr./Smt. __________________ Son/Daughter of __________________ for registration under Rule 9

 

Date:                                                                                                                       Rubber stamp of the officer

receiving the application.

 

SCHEDULE

 

1. Name and address of the person

    applying for the registration :

 

2. Details of the premises where the activity proposed is to be carried on :

    (attach details of plan of Building/Plant/Machinery etc.)

 

3. Details of the proprietors/all partners/Directors of the company including :

    (a) Name(s)

    (b) Address(es)

         (i)  Official

         (ii) Residential

    (c) Income Tax No./Nos.

 

4.

 

Sl. No.

Description of Excisable goods

Tariff

Classification

The purpose for which the registration is sought for

Remarks

 

 

5. In case the application is for obtaining excisable goods to be used for special industrial purposes,

additional details as below may be furnished.

 

(i)     Estimated quantity of each case :

        of goods and value of such goods

        likely to be used during the year

 

(ii)   Commodities to be manu- :

       factured and issue of each

      commodity during the year

 

(iii)  Manner of manufacture :

 

(iv) Purpose to which :

      manufactured product

      is supplied

 

(v) Source from which excisable :

     goods will be obtained

 

(vi) Remarks :

 

6. In case the application is for obtaining permission for warehousing, additional details in the format

furnished below may be given:

 

1. Village/town

 

2. District

_________________________________________________________________________________

 

Distinguishing letter or number or                 Detailed description of each                    Purpose of each

letter and number of each

 

_________________________________________________________________________________

 

3. Description of each main :

    division or sub-division of the

    warehouse or store-room

 

4. Area and total storage capacity :

 

5. Varieties of excisable product to :

    be stored

 

6. Estimated quantity of each :

    variety of such products to be

    stored during each financial year:


Annexure-II

Original (for applicant)

Duplicate (for Division)

Triplicate (for Range)

FORM RC

Proforma of Registration Certificate

Sr. No.

Range:

 

Division:

Commissionerate:

 

Registration Certificate to cure, produce, manufacture, carry on wholesale trade/business/broker or commission agent or otherwise deal in excisable goods, act as a user of excisable goods for special industrial purposes (See Rule 9)

 

 

(Delete the letters/words not applicable)

 

1. ....................... of ..................... having undertaken to comply with the conditions prescribed in the Central Excise Rules, 2001 and any orders issued thereunder is hereby certified to have been registered with the Central Excise Department to undertake activities as detailed in the Schedule.

 

2. Certificate is valid only for the premises and purposes specified in the Schedule and for no other purposes and premises.

 

3. Registration certificate is not transferable.

 

4. No corrections in the certificate will be valid unless ordered and attested by the Superintendent of Central Excise.

 

5. This certificate shall remain valid till the holder carries on the activity for which a certificate has been issued or surrenders the certificate whichever is earlier.

 

6. The grant of this certificate shall be without prejudice to the rights of any other person over the registered premises or purpose to which such person may be lawfully entitled.

 

SCHEDULE TO REGISTRATION CERTIFICATE

 

1. Name and address of the person to whom the registration certificate has been granted:

 

2. Address and specification of the premises :

 

3. Sl.                Description of                               Purpose for                                            Remarks

   No.               Excisable goods                           which registered

_____________________________________________________________________________

 

Place:

Date :                                                                                                      Signature of the registering Authority

 

 

 

 

 

 


 

Annexure III

To

       The Superintendent of Central Excise,

        (Address of the Range)_____________

       _____________________________________  

 

 

Subject: Surrender of Registration Certificate –

 

 

I/We,  _________________________________ of M/s ________________________,

duly authorised in this behalf by the proprietor/ firm/company  declare that we do not require registration with the Central Excise and therefore hereby surrender and  deposit with you the original copy of the Registration Certificate No. ________________________ issued to me on _______________ (date)  in terms of the provisions of rule 9 read with notification No. ___________________ dated ___________ .

 

 I/We further declare that duty has been paid in respect of all excisable goods manufactured and remaining in the factory, which are liable to duty.

 

 I/We also declare that there is no government due pending against us and that there is no demand pending against us under Central Excise Act, 1944 (1 of 1944) and rule made thereunder pending as on the date of surrendering the Registration Certificate.

 

 

Signature of the Registrant or the authorised signatory

with full name, date and seal.

 

Acknowledgement

 

I hereby acknowledge receipt of “Registration Certificate No.____________________ in original.  Surrender   of registration shall be subject to correctness of the declaration made above.

 

 

Superintendent of Central Excise

with full name, date and seal.

 

 

2. This notification shall come into force on 1st July, 2001.

 

 

 

             F. No. 201/12/2001-CX.6

 

 

(P.K. Sinha)

Under Secretary to the Government of India