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Extraordinary Gazette of India · Government of India

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Published 04 December 1970

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REGISTERED No. D. 221 रजिस्ट्री सं ० डी ० 221

भारत को राजपत्र The Gazette of India

EXTRAORDINARY

भाग- 11-1

PART II- Section I

प्राधिकार से प्रकाशित

PUBLISHED BY AUTHORITY

नई दिल्ली, शुक्रवार, दिस -बर 4, 1970/ अग्रहायण 13, 1892

सं. 48)

NEW DELHI , FRIDAY , DECEMBER 4 , 1970 / AGRAHAYANA 13 , 1893 No. 48]

इस भाग में भिन्न पृष्ठ संख्या ही आती है जिससे कि यह अलग संकलन के रूप में रजा जा सके ।

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW

(Legislative Department )

New Delhi , the 4th December , 1970/Agrahayana 13 , 1892 ( Saka)

The following Act of Parliament received the assent of the President on the 1st December, 1970 , and is hereby published for general informa- tion: -

THE AGRICULTURAL PRODUCE CESS ( AMENDMENT)

ACT, 1970

JO . 40 OF 1970

[1st December, 1970]

An act further to amend the Agricultural Produce Cess Act , 1940.

BE it enacted by Parliament in the Twenty - first Year of the Republic ut India as follows : -

title.

1. This Act may be called the Agricultural Produce Cess (Amendment) Short Act, 1970 .

2- (f1940

2.In section 2 of the Agricultural Produce Cess Act , 1940 ( hereinafter Amendment referred to as the principal Act) , for clause ( a) , the following clause shall ofsection 2 . be substituted, namely: -

' ( a) " Collector " means a Collector of Customs as defined in clause ( 8 ) of section 2 of the Customs Act, 1962 ; and' .

ga of1963,

Amendment 3. In section 5 of the principal Act, for the words "The Central Board of Revenue " , the words and figures "The Central Board of Excise and of section 5.

(517) 518

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

54 of 1963.

Customs const.tuted under me Cendrarus of Revenue Act, 1963 " shall be substituted.

4. Atter secuon 5 of the principal Act, the following sections shall be inserted , namely:-

Insertion ofnew sections SA and 5B .

52of1962.

Certain provisions ofthe Customs Act, 1962 toapply.

"5A. The provisions of the Customs Act , 1962 , and the rules and regulations made thereunder , including those relatung to retunds and exemptions from duty, shall so far as may be , apply in relation to the levy and collection of customs duty on all articles included in the Schedule as they apply in relation to the levy and collection of duty payable to the Central Government under that Act.

5B. ( 1) Whoever-

Penalties.

or (a) evades the payment of any customs duty under this Act,

(b ) fails to furnish any information which it is his duty to furnish or furnishes information which is false in material parti- culars or which he does not believe to be true, or

(c) obstructs the Collector or any other officer in the perfor-

mance of his duties under this Act or any rules made thereunder, shall be punishable with imprisonment for a term which may extend to six months , or with fine which may extend to two thousand rupees , or with both .

(2) Any court trying an offence under this Act may direct that any articie specined in the Schedule in respect of which it is satusfied that an offence punishable under this Act has been committed shall be forfe.ted to the Central Government and may also direct that all package , coverings or receptacles in which such article is contained and every vessel or other conveyance used in carrying such article shall be forfeited to the Central Government . " .

Amendment of section 7.

5. In sub - section ( 1 ) of section 7 of the principal Act, for the words "the representatives of the Central Legislature " , the words " the Members of Parliament " shall be substituted .

6. In section 9 of the principal Act , for sub -section (3 ) , the following sub - section shall be substituted, namely : -

Amendmeiit of Section 9 .

" ( 3 ) Every rule made under this Act shall be laid , as soon as may be after it is made , before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sess ons , and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid , both Houses agree on making any modification in the rule or both Houses agree that the rule should not be made , the rule shall there- after have effect only in such modified form or be of no effect , as the case may be ; so , however, that any such modification or annul- ment shall be without prejudice to the validity of anything previ- ously done under that rule . " .

THE GAZETTE OF INDIA EXTRAORDINARY

SEC. 1 ]

519

7. In the Schedule in the principal Act, for item 21 , the following item Amendmans shall be substituted , namely : --- ofthe Schodule.

"21. Sheep's or lamb's wool and animal hair, whether ог not scoured or carded.".

N. D. P. NAMBOODIRIPAD, It. Secy, to the Govt. of India.

DURAL MALLAGE COPYMENT OF INDIA PRESS, MIMINTO ROAD , NEW DJ AND PUBLISHED BY THE PLANAGER OF PUBLICATIONS , DEDELHI, 1970

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