Notification No. 9/99-C.E.(N.T.)-Excise officers having the power of arrest.

Notification No. 9/1999-CE (NT) Dated 10/2/1999

Excise officers having the power of arrest.-In exercise of the powers conferred under the provisions of the Central Excise Act, 1944 (1 of 1944) and the Central Excise Rules, 1944 specified under column (2) of the Table below and in supersession of notification of the Government of India in the Ministry of Finance, Department of Revenue No. 102/57-CE, dated the 7th December, 1957, except in so far as it relates with Section 26 of the said Act, the Central Government hereby empowers the Central Excise Officers specified in column (4) of the Table below to exercise the powers of arrest, search and seizure, to hold enquiries and to confiscate vessels and cargo, under the provisions of the said Act and the said Central Excise Rules specified in column 2 of the said Table, and subject to the conditions and limitations, if any, as specified in column 4 of the said Table.

                                TABLE

Serial No.	Sections of the Central Excise Act, 1944 (1 of 1944)/Rules of the Central Excise Rules, 1944	Nature of Power	Central Excise Officer
(1)	(2)	(3)	(4)
1.	Section 13	Power to arrest under said section	All Central Excise Officers not below the rank of an Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise and Central Excise Officer below the rank of Assistant Commissioner, if authorised in writing by the Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise or any other Central Excise Officer superior in rank to the Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise to execute such power.
2.	Section 14	Power to summon persons to give evidence and produce documents in inquiries under the said section	All Central Excise Officers not below the rank of a Superintendent of Central Excise.
3.	Section 19 and Section 21	Power to send persons arrested to the Magistrate under the said Section 19 and con-sequential powers under the said section 21	All Central Excise Officers not below the rank of a Superintendent of Central Excise.
4.	Rule 201 and Rule 202	Power to enter and search under the said rule 201 and consequential powers under the said rule 202	Not below the rank of an Inspector of Central Excise, provided that such entry, search and access shall be made (except in case of a factory, conveyance or vessel), with the written permission of an officer not below the rank of an Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise.
5.	Section 28	Power to order for confiscation of vessel and cargo under the said section	Not below the rank of an Assistant Commissioner of Customs or Deputy Commissioner of Customs.

as corrected by Corrigendum F.No.201/13/98-CX. dt 19-2-1999 and amended by Notification No. 33/99-C.E.(N.T.)