LegalCrystal – Blog

CHAPTER III

POWERS AND DUTIES OF OFFICERS AND LANDHOLDERS

12E.      Powers of Central Excise Officers.

(1)        A Central Excise Officer may exercise the powers and discharge the

duties conferred or imposed under this Act on any other Central Excise Officer who is

subordinate to him.

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1.   See now the Customs Act, 1962 (52 of 1962).

2.   Ins. by Act 79 of 1985, s. 4.

3.   Renumbered and ins. by Act 29 of 1988, S.10 (w.e.f. 1-7-1988).

4.   Subs. by Act 40 of 1991, S.3 (w.e.f. 20-9-1991).

5.   Subs. by S.4, ibid. (w.e.f.20-9-1991).

6.   Ins. by S.5, ibid. (w.e.f. 20-9-1991).

7.   Ins. by S.6, ibid. (w.e.f. 20-9-1991).

8.   Renumbered by Act 40 of 1991, S.7 (w.e.f. 20-9-1991).

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(2)        Notwithstanding anything contained in sub-section (1), the Collector

of Central Excise (Appeals) shall not exercise the powers and discharge the duties conferred or imposed on a Central Excise Officer other than those specified in section 14 or ChapterVIA.]

Power to arrest

13.        (1)        Any Central Excise Officer duly empowered by the Central Government in  this behalf may arrest any person whom he has reason to believe to be liable to punishment under this Act.

(2)        Any person accused or reasonably suspected ‘of committing an offence

under this Act or any rules made thereunder, who on demand of any officer duly empowered by the, Central Government in this behalf refuses  to  give  his  name and residence, or who gives  a  name  or residence which such officer has reason to believe to be false, may be arrested  by such officer in order that his name and residence may  be ascertained.

14.        Power to summon persons to give evidence and produce documents in inquiries under  this Act.

(1)        Any Central Excise Officer duly empowered by the Central Government

in this behalf shall  have power  to  summon any person whose attendance he  considers

necessary either to give evidence or to produce a document or any other thing in any

inquiry which such officer is making for any of the  purposes  of this  Act.  A summons to produce documents or other things may be for the production of certain specified documents or things or for the production of all documents or things of a certain description in the possession or under the control of the person summoned.

(2)        All persons so summoned shall be bound to attend, either in person or

by an authorised agent, as such officer may, direct; and all persons so summoned shall be

bound to state the truth upon any subject respecting which they are examined or make

statements and to produce such documents and other things as may be required:

Provided  that the exemptions under sections 132 and 133  of  the

Code  of  Civil  Procedure shall be  applicable  to  requisitions  for attendance under this

section. (5 of 1980).

(3)        Every such inquiry as aforesaid shall be deemed to be a “judicial

proceeding” within the meaning of section 193 and section 228 of the Indian Penal Code. (45 of 1860).

15.        Officers required to assist Central Excise Officers.

All officers of Police and Customs and all officers of Government engaged in the

collection of land revenue, and all village officers are hereby empowered and required to

assist the Central Excise Officers in the execution of this Act.

16.        Owners or occupiers of land to report manufacture of contraband excisable goods.

Every owner or occupier of land, and the agent of any such owner or occupier in

charge of the management of that land, if contraband excisable goods are  manufactured

thereon, shall  in the absence of reasonable excuse be bound to give notice of such

manufacture  to a Magistrate, or to an officer  of  the  Central Excise,  Customs, Police,

or Land Revenue Department, immediately  the fact comes to  his knowledge.

17.        Punishment or connivance at offences.

Any owner or occupier of land, or  any agent of such owner or occupier in

charge  of  the management of that land, who wilfully connives at any offence  against the

provisions of this Act or of any rules made thereunder shall  for every  Such offence be

punishable with imprisonment for a  term  which may  extend  to  six months, or with fine

which  may  extend  to  five hundred rupees, or with both.

18.        Searches and arrests how to be made.

All searches made under this Act or any rules ‘made thereunder and all arrests

made under this Act shall be carried out in accordance with the provisions of the Code of

Criminal Procedure, 18981, relating respectively to ‘searches  and arrests made under that

Code. (5 of 1898).

19.        Disposal of persons arrested.

Every person arrested under this Act shall be forwarded without delay to the

nearest Central Excise Officer empowered to send persons so arrested to a Magistrate, or,

if  there is no such Central Excise Officer within a reasonable distance,-to the

officer-in-charge of the nearest police-station.

20.        Procedure to be followed by officer-in-charge of police station.

The officer-in-charge of a police-station to whom any person is forwarded under

section 19 shall either admit him to bail to appear before the Magistrate having

jurisdiction, or in default of bail forward him in custody to such Magistrate.

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1.   See row the Code of Criminal Procedure, 1973 (2 of 1974).

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Inquiry how to be made by Central Excise Officers against arrested persons forwarded to them  under section 19

21.        (1)        When any person is forwarded under section 19 to a Central Excise

Officer empowered to send persons so arrested to a Magistrate, the Central Excise Officer

shall proceed to inquire into the charge against him.

(2)        For this purpose the Central Excise Officer may exercise the same

powers and shall be subject to the same provisions as the officer-in-charge of a

police-station may exercise and is subject to under the Code of Criminal Procedure, 18981,when investigating a cognizable case: (5 of 1898).

Provided that €“

(a)        if the Central Excise Officer is of opinion that  there

is  sufficient  evidence or reasonable  ground of suspicion against the accused person, he

shall either admit him to bail lo appear before a Magistrate having  jurisdiction in the

case, or forward him in custody to such Magistrate;

(b)        if it appears to the Central Excise Officer that there is

not sufficient evidence or reasonable ground of  suspicion against  the  accused person, he

shall  release  the  accused person  on his executing a bond, with or without sureties  as

the Central Excise Officer may direct, to appear, if and when so required before the

Magistrate having  jurisdiction,  and shall  make a full report of all the particulars of

the  case to his official superior.

22.        Vexatious search, seizure, etc., by Central Excise Officer.

Any Central Excise or other officer exercising powers under this Act or under

the rules made thereunder who €“

(a)        without reasonable ground of suspicion searches or causes to be

searched any house, boat or place;

(b)        vexatiously and unnecessarily  detains,  searches  or arrests any

person;

(c)        vexatiously and unnecessarily seizes the moveable property of any

person, on pretence of seizing or  searching for any article liable to confiscation under

this Act;

(d) commits, as such officer, any other act to the injury of any person,

without having reason to believe that such act is required for the execution of his duty;

shall,  for  every  such offence, be punishable with  fine  which  may extend to two

thousand rupees.

Any person wilfully and maliciously giving false information and so

causing an arrest or a search to be made under this Act shall be punishable with fine

which may extend to two thousand rupees or  with imprisonment for a term which may extend to two years or with both.

23.        Failure of Central Excise Officer in duty.

Any Central Excise Officer who ceases or refuses to perform or withdraws himself  from the duties of his office, unless he has obtained the express written  permission  of the  Collector of Central Excise, or  has  given  to  his superior officer two months’ notice in writing of his intention or has other  lawful  excuse,  shall on conviction

before a Magistrate  be punishable  with  imprisonment for a term which may  extend  to

three months  or  with fine which may extend to three months’ pay,  or  with both.

Dear Reader,

In my write up today I would like to make you aware of the legal consequences of offences relating to Indian Marriage. And also I would like to alert the person who is aggrieved, to take legal steps to set the things right.

To take legal step, one should be aware of the heads of offences which are punishable under law and I would like to arm the innocent person with awareness of the legal action he/she can initiate without hesitation to build a healthy society.

Before that I would like to make one point very clear, before initiating any legal action a thorough introspection and interaction with elders and well wishers and legal advisor is necessary to avoid any foolish, hasty, irreparable and irreversible consequence!

Now a days I have seen many matrimonial cases piling up in the Courts just because of either hasty decisions or because of lack of awareness of law from the teenage level. And in the name of ‘free society’ many girls/boys are unknowingly getting entangled in legal battle.

In early days say about 25-30 years back people were hesitant to move to Court out of social stigma that law is not for us to invoke and it is only Dharma/Culture and Tradition that should rule the mind.

But after the advent of T.V., Mobile, Internet etc. etc. total approach of an average person towards life has changed drastically. What were impossible has become possible! Prudent people used it for positive and productive purposes and fools and crocked used it for destruction of family and nation.

Because of advent of many gadgets most of the people have become dreamy and they are moving away from truths of life, moral and ethical values, social responsibilities and family values.

By this I don’t say one should not update oneself and avail the facility instead I want to say when the people are moving away from the Tradition/Cultural values it is high time the people be aware of their Rights and Obligations under the Law of the Land to take precautions and prudent decisions in every stage of their life and live harmoniously and peacefully.

As Marriage gives a special status to an individual likewise his/her rights and obligations plays an important role after Marriage.

Mere cohabiting does not confer any legal marital status/right unless it is supported by a legal Marriage ceremony/registration

In family Courts we see both Educated/Uneducated-Rich/Poor alike fighting for their rights on one or the other ground.

Here in India we don’t have common code of personal Law for all yet. For eg. The Hindus are governed by the Hindu Law and Muslims are governed according to Mohmmedan Law as far as their succession/Will/Gift and marriages are concerned.