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REGD. NO. D. L.-33004/98 The Gazette of India EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 16] NEW DELHI, WEDNESDAY, JANUARY 13,1999/PAUSA 23,1920 123 GI99- 1 (1) 2 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(i)] MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 13th January, 1999 No. 2/99-Central Excise G.S.R. 25(E).—In exercise of the powers conferred by sub-section (3) of section 3 A of the Central Excise Act, 1944 (1 of 1944), the Central Government hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No, 36/98-CE dated the 10th December, 1998 namely :— In the said notification, (ii) in paragraph 1. for the words and figures "and 55.14 of the Schedule" the figures and words "55.14, or processed textile fabrics of cotton or man-made fibres, falling under heading Nos. 58.01, 58.02, 58 06 (except sub-heading No. 5806.20), 60.01 or 60.02 (except sub-heading No. 6002.10), of the Schedule" shall be substituted; (b) in paragraph 6, after clause (a), the following shall be inserted, namely :— "(aa) any processed textile fabrics of Cotton or man-made fibres, falling under heading Nos. 58.01, 58.02, 58.06 (except sub-heading No. 5806.20), 60.01 or CO 02 (except sub-heading No. 6002.10) of the Schedule to the Central Excise Tariff Act, 1985 (5 of 1986), manufactured or produced prior to the 13th day of January, 1999 and cleared on or after that date; (c) in Explanation II, for the words "spinning of yarn or weaving of fabrics", the words "spinning of yarn or weaving or knitting of fabrics" shall be substituted, [F. No. 341/61/98-TRU(Pt.)] ATUL GUPTA, Under'Secy. NOTE :—The principal notification, 36/98-Central Excise dated the 10th December, 1998 was published in the Gazette of India Extraordinary [G.S.R, 725(E) dated the l0th December, 1998 and last amended by notification no 39/98- Central Excise dated the 16th December, 1998 and published in the Gazette of India Extraordinary. [G.S.R. 745(E) dated the 16th December, 1998]; 3 NOTIFICATION New Delhi, the 13th January, 1999 No. 2/99-Central Excise (N.T.) G.S.R. 26(E).—In exercise of the powers conferred by sub-section (I) of section 3 A of the Central Excise Act, 1944 (l of 1944), the Central Government, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 41/98-Central Excise (N.T.), dated the 10th December, 1998, namely :•— In the said notification,— (a) in paragraph 1, for the words and figtures "or 55.14 of the Schedule" the figures and words "55.14, or processed textile fabrics of cotton or man-made fibres, falling under heading Nos. 58.01, 58.02, 58.06 (except sub-heading No. 5806.20), 60.01 or 60.02 (except sub-heading No. 6002.10), of the Schedule" shall be substituted (b) in paragraph 2, in clause (c), for the words and figures "or 55.14 of the Schedule" the figures and words "55 14, or processed textile fabrics of cotton or man-made fibres, falling under heading Nos. 58 01, 58 02, 58 06 (except sub-heading No. 5806.20), 60.01 or 60.02 (except sub-heading No. 6002.10), of the Schedule" shall be substituted; (c) in Explanation II, for the words "spinning of yarn or weaving of fabrics", the words "spinning of yarn or weaving or knitting of fabrics" shall be substituted. [F.No. 341/61/98-TRU(Pt.)| ATUL GUPTA, Under ,Secy Note:—The principal notification, 41/98-Central Excise (N.T.) dated the 10th December, 1998 was published in the Gazette of India Extraordinary [GSR 729(E), dated the 10th December, 1998] and was last amended by notification no 4? 98-Central Excises (N.T.), dated the 16th December, 1998 and published in the Gazette of India Extraordinary, [G S R 743 (E) dated the December 1998] 4 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC 3(i)] NOTIFICATION New Delhi, the 13th January, 1999 No. 3/99-Central Excise G.S.R. 27(E).—In exercise of the powers conferred by sub-section (1) of section 5A of the Central Excise Act. 1944 (1 of 1944), read with sub-section (3) of section 3 of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby directs that each of the notifications of the Government of India in the Ministry of Finance (Department of Revenue) specified in column (2) of the Table hereto annexed, shall be amended or further amended, as the case may be, in the manner specified in the corresponding entry in column (3) of the said Table. 5 S.No Notification No. Amendment and date (1) (2) (3) 1. 5/98-Central Excise In the said notification, in the Table— dated 2-6-98 (a) against serial No. 162, in column (3), the following proviso shall be inserted at the end, namely .— "Provided that the exemption shall not apply to an independent processor who is engaged primarily in the processing of fabrics of cotton or man-made fibres in a factory and who has the facility in his factary (including plant and equipment) for carrying out heat-setting with the aid of power or steam in a hot air stenter, and who has no proprietory interest in any factory engaged in the spinning of yam or weaving or knitting of fabrics, operating under any scheme of levy and collection of excise duty notified under section 3 A of the Central Excise Act, 1944 (1 of 1944), except in respect of processed fabrics manufactured or produced prior to the 13th day of January, 1999 and cleared on or after that date." (b) against serial No 163, in column (3), after clause (b). the following proviso shall be inserted at the end, namely :— "Provided that exemption in clauses (a) and (b) shall not apply to an independent processor who is engaged primarily in the processing of fabrics of cotton or man-made fibres in a factory and who has the facility in his factory (including plant and equipment) for carrying out heat- setting with the aid of power or steam in a hot air stenter, and who has no proprietary interest in any factory engaged in the spinning of yarn or weaving or knitting of fabrics, operating under any scheme of levy and collection of excise duty under section 3A of the Central Excise Act, 1944 (1 of 1944) except in respect of processed fabrics manufactured or produced prior to the 13th day of January, 1999 and cleared on or after that date." 2. 9/96-Central Excise In the said notification, in the Table, against serial No. 24, in column dated 23-7-1996 (3), the following proviso shall be inserted at the end, namely :— "Provided that the exemption shall not apply to an independent processor who is engaged primarily in the processing of fabrics of cotton or man-made fibres in a factory and who has the facility in his factory (including plant and equipment) for carrying out heat-setting with the aid of power or steam in a hot air stenter, and who has no proprietary interest in any factory engaged in the spinning of yarn or weaving or knitting of fabrics, operating under any scheme of levy and collection of excise duty notified under section 3 A of the Central Excise Act, 1944 (1 of 1944), except in respect of processed fabrics manufactured or produced prior to the 13th day of January, 1999 and cleared on or after that date." [F. No. 341/61/98-TRU (Pt.)] ATUL GUPTA, Under Secy. NOTE: 1. The Principal notification, 5/98-Central Excise dated the 2nd June, 1998 was published in the Gazette of India Extraordinary [G.S.R. 300(E), dated the 2nd June, 1998] and last amended by notification No. 41/98- Central Excise, dated the 18th December, 1998 [G.S R. 753(E), dated the 18th December, 1998]; 2. The principal notification, 9/96-Central Excise dated the 23rd July 1996, was published in the Gazette of India Extraordinary dated the 23rd July 1996 and last amended by notification No. 40/98-Central Excise, dated the 17th December, 1998 [G.S.R. 751(E), dated the 17th December, 1998]; 6 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(i)] NOTIFICATION New Delhi, the 13th January, 1999 No. 3/99-Central Excise (N.T.) G.S.R 28(E).— In exercise of the powers conferred by sub-section (2) of section 3A of the Central Excise Act, 1944 (1 of 1944), the Central Government, hereby makes the following rules further to amend the Hot Air Stenter Independent Textile Processors Annual Capacity Determination Rules, 1998, namely :— 1. (1) These rules may be called the Hot Air Stenter Independent Textile Processors Annual Capacity Determination (Amendment) Rules, 1999. (2) They shall come into force with effect from the 13th day of January, 1999. 2. In the Hot Air Stenter Independent Textile Processors Annual Capacity Determination Rules, 1998,— (a) in rule 2, for the words and figures "or 55.14 of the Schedule" the figures and words "55.14, or processed textile fabrics of cotton or man-made fibres, falling under heading Nos. 58.01,, 58.02, 58.06 (except sub- heading No. 5806.20), 60.01 or 60.02 (except sub-heading No. 6002.10), of the Schedule" shall be subsituted; (b) in Explanation III, for the words "spinning of yam or weaving of fabrics" the words "spinning of yarn or weaving or knitting of fabrics" shall be substituted. [F.No. 341/61/98-TRU(Pt.)] ATUL GUPTA, Under Secy. Note— The principal rules were published in the Gazette of India Extraordinary vide Notification No. 42/98-CE(NT) dated the 10th December, vide GS R. 730(E), dated the 10th December, 1998 and were last amended by notification no. 45/98-Central Excises (N.T.). dated the 16th December, 1998 and published in the Gazette of India Extraordinary, [G.S.R. 743(E), dated the 16th December, 19981; 7 NOTIFICATION New Delhi, the 13th January, 1999 No. 4/99-Central Excise (N.T.) G.S.R. 29(E).—In exercise of the powers conferred by sub-section (3) of section 3A read with section 37 of the Central Excise Act, 1944 (1 of 1944), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following rules further to amend the Central Excise Rules, 1944, namely :— 1. (1) These rules may be called the Central Excise (Second Amendment) Rules, 1999. (2) They shall come into force on the 13th day of January, 1999. 2. In the Central Excise Rules, 1944, in rule 96ZQ, (a) in sub-rule (1), for the words and figures "or 55.14 of the Schedule'' the figures and words,' '55.14, or processed textile fabrics of cotton or man-made fibres, falling under heading Nos. 58.01, 58.02, 58.06 (except sub-heading No, 5806.20), 60.01 or 60.02 (except sub-heading No. 6002.10), of the Schedule" shall be substituted, (b) in sub-rule (3), for the words.figure and letters' 'in advance, by the 5th of each calendar month" the words, figures and letters ' 'by the 15th of each calendar month'' shall be substituted; (c) in Explanation I, for the words,'' spinning of yarn or weaving of fabrics "the words'' spinning of yam or weaving or knitting of fabrics'' shall be substituted. [F.No. 341/61/98-TRU(Pt.)] ATUL GUPTA, Under Secy. Note : The principal rules were published in the Gazette of India Extraordinary vide Notification No. IV D-C.E. dated the 28th February, 1998 and were last amended by Notification No. 1/99-Central Excise (N.T.) vide G.S.R. 22(E) dated the 1l th January, 1999 in the Gazette of India Extraordinary 8 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(i)] NOTIFICATION New Delhi, the 13th January, 1999 No. S/99-Central Excise (N.T.) G.S.R 30(E).—In exercise of the powers conferred by sub-rule (2) of rule 57A of the Central Excise Rules, 1944, the Central Government, being satisfied that it is necessary in the public interest so to do hereby makes the following further amendment in notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 29/96- Central Excise (N.T) dated the 3rd September, 1996, namely :— In the said notification, (a) in paragraph 7B, for the words and figures "spinning of yam or weaving of fabrics, in respect of final products falling under heading Nos. 50.07, 52.08, 52 09, 54.06, 54.07, 55.11, 55.12, 55.13, or 55.14 of the Schedule", the figures and words "spinning of yam or weaving or knitting, of fabrics, in respect of final products falling under heading Nos. 52.07, 52.08, 52.09, 54.06, 54.07, 55.11, 55.12, 55.13, 55.14, or processed textile fabrics of cotton or man-made fibres, falling under heading Nos. 58.01,58.02, 58.06 (except sub-heading No. 5806.20), 60.01 or 60.02 (except sub-heading No. 6002.10), of the Schedule" shall be substituted; (b) for paragraph 7C, the following paragraph shall be substituted, namely :— "7C Notwithstanding anything contained in paragraph 7B, the provisions of this notification shall apply in respect of,— (a) final products falling under heading Nos. 52.07, 52.08, 52.09, 54.06, 54.07, 55.11, 55.12, 55.13, or 55.14 of the Schedule to Central Excise Tariff Act, 1985 (5 of 1986) manufactured or produced by an independent processor prior to the I6th day of December, 1998 and cleared on or after that date; (b) processed textile fabrics of cotton or man-made fibres, falling under heading Nos. 58.01, 58.02, 58.06 (except sub-heading Nos. 5806.20), 60.01 or.60.02 (except sub-heading No 6002.10), of the Schedule to Central Excise Tariff Act, 1985 (5 of 1986) manufactured or produced by an independent processor prior to the 13th day of January, 1999 and cleared on or after that date." [F. No. 341/61/98-TRU(Pt.)] ATUL GUPTA,Under Secy NOTE : The principal notification 29/96-Central Excise (N T.) dated the 3rd September, 1996 was published in the Gazette of India Extraordinary [G.S.R. 402(E), dated the 3rd September, 1996] and last amended by notification No. 46/98- Central Excise (NT), dated the 16th December, 1998 and published in the Gazette of India Extraordinary, [G S.R. 744(E), dated the 16th December, 1998] Printed by the Manager, Govt. of India Press, Ring, Rond. Mayapuri, New Delhi-110064 and Published by the Controller of Publications. Delhi-110054— 1999.