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An Act provided for the levy
and collection, by way of cess, of a duty of excise on jute
manufactures for the purpose of carrying out measures for the
development of production of jute manufactures and for matters
connected therewith.
BE it enacted by Parliament in the Thirty-fourth Year of the
Republic of India as follows: -
(1)
1. This Act may be called the Jute Manufactures Cess Act, 1983.
2. It extends to the whole of India
3. It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint.
(2)
In this Act, unless the context otherwise requires,-
(a) "jute manufacture" means any article specified in the
Schedule which contains more than fifty per cent of jute (including
bimlipatam jute or mesta fibre of any sort by weight of the total
fibre content and in the production of which any process is
ordinarily carried on with the aid of power.
Explanation - "Power" means electrical energy or any
other form of energy, which is mechanically transmitted and is not
generated by any human or animal agency.
(b) "Prescribed" means prescribed by rules made under
this Act
(c) "Producer", in relation to a jute manufacture, means
the producer of such jute manufacture.
(3)
(a) There shall be levied and collected by way of cess for the
purposes of the Jute Manufactures Development Council Act, 1983, on
every article of jute manufacture specified in column 2 of the
Schedule and produced in India, a duty of excise at such rate not
exceeding the rate specified in the corresponding entry in column 3
thereof, as the Central Government may, by notification in the
Official Gazette, specify:
Provided that until such rate is specified by the Central
Government, the duty of excise shall be levied and collected at the
rate specified in the corresponding entry in column 4 of the
Schedule.
(b) The duty of excise levied under sub-section (1) shall be in
addition to the duty of excise leviable on jute manufacturers under
the central Excise and Salt Act, 1944 or any other law for the time
being in force.
(c) The duty of excise levied under sub-section (1) shall be
payable by the Producer of a jute manufacture.
(d) The Provisions of the Central Excise and Salt Act, 1944, and
the rules made there under, including those relating to refunds and
exemptions from duty, shall, so far as may be, apply in relation to
the levy and collection of the duty of excise on jute manufactures
under this Act.
(4)
The proceeds of the duty of excise levied under sub-section (1) of
section 3 shall first be credited to the Consolidated Fund of India
and the Central Government may, if Parliament, by appropriation made
by law in this behalf, so provides, pay to the Jute Manufactures
Development Council, from time to time, from time to time, from Out
of such proceeds (after deducting the cost Of collection which shall
not exceed four per cent of such proceeds) such sums of money as it
may think fit for being utilized for the purposes of the Jute
Manufactures Development Council Act, 1983.
(5)
The Central Government may require a producer of a jute manufacture
to furnish for the purposes of this Act, such statistical and any
other information in such form and within such period as may be
prescribed -
(6)
(a) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the provisions of this Act.:
(b) In particular and without prejudice to the generality of the
foregoing Power, such rules may provide for the form in which and
the period within which statistical and other information may be
furnished under section5.
(c) Every rule made under this section 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 ,If thirty days which may be
comprised in one session or in two or more successive sessions, and
if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the
rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be ; so,
however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that
rule.
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