26^th June, 2001

Notification No.35/2001-Central Excise(N. T.)

In exercise of powers conferred by rule 9 of the Central Excise (No.2) Rules, 2001, (hereinafter referred to as the said rules) the Central Board of Excise and Customs hereby specifies the conditions, safeguards and procedures for registration of a person under the said rules and exemptions from registration in specified cases: -

(1) Application for registration: Every person specified under sub-rule (1) of rule 9, unless exempted from doing so by the Board under sub-rule (2) of rule 9, shall get himself registered with the jurisdictional Superintendent of Central Excise by applying in the form specified in Annexure-I;

(2) Registration of different premises of the same registered person: If the person has more than one premises requiring registration, separate registration certificate shall be obtained for each of such premises.

(3) Registration Certificate and Number: Registration Certificate in the Form specified in Annexure-II containing registration number shall be granted within seven days of the receipt of the duly complete application.

(4) Transfer of Business: Where a registered person transfers his business to another person, the transferee shall get himself registered afresh.

(5) Change in the Constitution: Where a registered person is a firm or a company or association of persons, any change in the constitution of firm, company or association, shall be intimated to the jurisdictional Central Excise Officer within thirty days of such change.

(6) De-registration: Every registered person, who ceases to carry on the operation for which he is registered, shall de-register himself by making a declaration in the form specified in Annexure-III and depositing his registration certificate with the Superintendent of Central Excise.

(7) Revocation or suspension of registration: A registration certificate granted under this rule may be revoked or suspended by the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise, if the holder of such certificate or any person in his employment, is found to have committed breach of any of the provisions of the Act or the rules made thereunder or has been convicted of an offence under section 161, read with section 109 or with section 116 of the Indian Penal Code (45 of 1860).

Annexure - I

Original

Duplicate

Form A-1

APPLICATION FOR CENTRAL EXCISE REGISTRATION

(see rule 9 of Central Excise Rules, 2002)

New Registration

Amendments to information pertaining to existing Registrant

Registration Number in case of existing Registrant

Part I: Identification of business requiring Registration (Manufacturing, Warehousing,

hundred percent Export Oriented Undertaking, Unit in Export Processing Zone , First

Stage Dealer, Second Stage Dealer )

1. Name of the Registrant (Please see instruction No. 5)

2. Details of Permanent Account Number (PAN) (Please see instruction No.6)

(i)

Whether PAN has been issued by the Income Tax Department

Yes

(ii)

If yes, the PAN

(iii) Name of the Registrant (as appearing in PAN)

(iv)

If PAN is not available, whether applied for PAN

Yes

3. Category (tick only one box)

Manufacturer

Warehouse

Export Oriented Undertaking

Unit within Export Processing Zone

Manufacturer’s Depot

Dealer

4. Constitution of business (tick only one box) (Please see instruction No. 7)

Proprietorship

Partnership

Registered Company

Unregistered Company

Trust

Society

Others

5. Address of business premises

(i) Name of Premises/Building

(ii) Flat/Door/Block No.

(iii) Road/Street/Lane

(iv) Village/Area/Locality

(v) Block/Taluk/Sub-Division/ Town

(vi) Post office

(vii) City/District

(viii) State/Union Territory

(ix) PIN

(x) Telephone Nos.: (Please see instruction No.8)

(xi) Fax No. (Please see instruction No. 8)

xii) E-mail Address

6. Define boundaries of the premises to be Registered (Please see instruction No.9)

(i) North

(ii) East

(iii) West

(iv) South

7. Details of property holding rights of the Registrant with respect to the premises sought to be Registered (tick only one box)

Ownership

Lease/Rent

If owned whether mortgaged/ hypothecated:

Yes

8. Estimated investment in land, plant and machinery (Rupees in Lakh):

9. Address of Head Office if different from that given at S.No. 5 above

(i) Name of Premises/Building

(ii) Flat/Door/Block No.

(iii) Road/Street/Lane

(iv) Village/Area/Locality

(v) Block/Taluk/Sub-Division/ Town

(vi) Post office

(vii) City/District

(viii) State/Union Territory

(ix) PIN

(x) Telephone Nos.: (Please see instruction No.8)

(xi) Fax No. (Please see instruction No. 8)

(xii) E-mail Address

10. Name, designation and address of the person signing this Application Form and of the authorised person(s): (Please see instruction No.10)

(i) Name

(ii) Designation

(iii) Name of Residential Premises/Building

(iv) Flat/Door/Block No.

(v) Road/Street/Lane

(vi) Village/Area/Locality

(vii) Block/Taluka/Sub-Division/ Town

(viii) Post office

(ix) City/District

(x) State/Union Territory

(xi) PIN

(xii) Telephone Nos.: (Please see instruction No. 8)

(a) Office

(b) Residence

(xiii) Fax No. (Please see instruction No. 8)

(xiv) E-mail Address

11. Details of Bank Accounts used for business transactions by the Registrant (Please see instruction No. 11)

(a)

Number of Bank Accounts

(b)

Account 1

(i) Name of the Bank

(ii) Name of the Branch

(iii) Account No.

(i) Name of the Bank

(ii) Name of the Branch

(iii) Account No.

Part II: Business Transaction Number obtained from other Government

Agencies/Departments

12. Details of Business Transaction Numbers obtained from other Government Agencies/Departments (Please see instructions No. 12 and 13)

(i)

Customs Registration No. (BIN No.)

Yes

If yes, give details

(ii)

Directorate General Foreign Trade’s Import Export Code No.

Yes

If yes, give details

(iii) Sales Tax Registration Nos.

(a)

State Sales Tax No.

Yes

If yes, give details

(b)

Central Sales Tax No.

Yes

If yes, give details

(iv)

Registrar of Company’s CIN No.

Yes

If yes, give details

Part III: Proprietor/Partners/Chief Executive Officer /Chairman /Managing

Director/Trustee etc.

13. Mode of business (Please see instruction No. 14)

(i) Name

(ii) Designation

(iii) Name of Residential Premises/Building

(iv) Flat/Door/Block No.

(v) Road/Street/Lane

(vi) Village/Area/Locality

(vii) Block/Taluk/Sub-Division/ Town

(viii) Post office

(ix) City/District

(x) State/Union Territory

(xi) PIN

(xii) Telephone Nos.: (Please see instruction No. 8)

(a) Office

(b) Residence

(xiii) Fax No. (Please see instruction No. 8)

(xiv) E-mail Address

(xv) PAN (issued by the Income Tax Department)

PART IV: Major Excisable goods to be manufactured, warehoused or traded/ Major

inputs

14 Major excisable goods manufactured, warehoused or traded (description and CETSH)

(Please see instruction No. 15)

(i)______________________ (ii) ____________________ (iii) ____________________

15. Major excisable goods used in the manufacture of final product (description and CETSH)

(Please see instruction No. 15)

(i)______________________ (ii) ____________________ (iii) ____________________

DECLARATION

I, ________________________________________________ hereby declare that the information

given in this Application Form is true, correct and complete in every respect and that I am authorised to sign on behalf of the Registrant.

(Please tick appropriate box)

(a)

For new Registration/Amendment to Registration Certificate

I would like to receive the Registration Certificate –

by mail at the address specified at S. No. ______ of Part-I

y Hand

(b)

For amendments to information pertaining to existing Registrant

The above mentioned amendments are with effect from

(Signature of the applicant/authorised person with stamp)

(Please see instruction No. 16)

Date:

Place:

ACKNOWLEGEMENT

(To be given in the event Registration Certificate is not issued at the time of receipt of Application for Registration)

I hereby acknowledge the receipt of your Application Form

(a)

For new Registration / amendments to existing Registration Certificate

As desired, the New Registration Certificate will be sent by mail/ handed over to you in person on

(b)

For amendments to information pertaining to existing Registrant

Signature of the Officer of Central Excise

(with Name & Official Seal)

Date:

Instructions for filling up the Application Form for Registration

1) This Application Form should be used for applying for Registration as also for informing any corrections/ changes in the information, subsequent to Registration. Any change in the information subsequent to Registration, except those under Part IV, must be brought to the notice of the Central Excise Department. Such changes should be indicated by ticking the relevant box at the top of the Form, providing the Registration Number and filling up only such information that has undergone change leaving the boxes for information not to be amended blank.

2) The Application Form has to be filled in Duplicate, and submitted to the Deputy Commissioner of Central Excise or Assistant Commissioner of Central Excise, having jurisdiction over the place of business.

3) Export Oriented Units and Units in Export Processing Zones in the Port Towns/cities which are in the jurisdiction of Commissioners of Customs would submit the Application Form to the concerned Deputy Commissioner of Customs or Assistant Commissioner of Customs.

4) After entering the relevant details, extra boxes in a field may be left blank. Also one box may be left empty after completion of each entry. For example more than one telephone number may be given as under:

5) The name should be the name and style in which the Registrant is likely to carry out business from the premises seeking to be registered. Please do not mention any prefixes such as M/s, Mr., Sh., etc

6) An attested copy of PAN allotted by the Income Tax Department should be enclosed; in case PAN has not been allotted attested copy of the acknowledged application for PAN should be enclosed.

7) A registered company means, a company registered with the Registrar of Companies under the Companies Act, 1956 (1 of 1956) and having a CIN number. Unregistered means a company that is not so registered

8) Telephone and fax numbers to be given with NSD code, without leaving a gap.

9) The description of the boundaries of the premises to be registered, should correspond to the one given in the Land Records.

10) If there are more than one authorized persons, information is to be provided in respect of all in a separate sheet in the same box format.

11) In case the Registrant has more than one Bank Account, for transacting his business, only two accounts with the maximum transactions must be mentioned.

12) The details relevant to the Registrant only are to be filled. The details of businesses carried out from other premises need not be filled.

13) If the status of the company is shown as Registered Company in Part I 4, then the information in Part II 12 (iv) is mandatory.

14) The maximum number of persons, whose details are to be provided, should not exceed seven. In the case of a partnership firm, details of partners are to be provided; in case of Registered /unregistered company, the details of its Chief Executive Officer /Chairman and Managing Director/Managing Director/Chairman/ key Directors as per relevance are to be provided; in the case of Society, the details of its President, key Executive Members, are to be provided; in case of any other type of business, the details of key personnel engaged in management of the business are to be provided. If more names are to be provided the information shall be provided in respect of all in a separate sheet in the same manner.

15) The details of the three major excisable goods/inputs likely to be manufactured/used/traded should be mentioned.

16) The instructions in respect of the person signing the Application for registration are as under:

(a) The Application may be signed by the Registrant himself or by his authorised agent having general power of attorney.

(b) The person signing the Application must be a holder of Permanent Account Number (PAN) allotted by the Income Tax Department.

(d) In case of registered Partnership the Managing Partner or other partners so authorised in the Partnership Deed may sign the application.

Annexure II

Form RC

Central Excise Registration Certificate

[Under rule 9 of the Central Excise Rules, 2002]

This is to certify, subject to conditions specified below, that M/s _______________________(Registrant and its constitutions) is registered for _______________________________________________________(type of business) at _________________________________________________________ (address of the business premises) on the basis of the Application received in this office on ___________ (date of receipt).

Registration Number is

Signature of the

Deputy Commissioner of Central Excise or

Assistant Commissioner of Central Excise

(with name and official seal)

Date :

Place:

Conditions :

(i)        This Registration Certificate is valid for the premises and purposes specified in the Application.

(ii)       This Registration Certificate is not transferable.

(iii)    This Registration Certificate is not valid in case the constitution of the management of the firm undergoes change(s).

(iv)       No corrections/changes in the Registration Certificate will be valid unless the request for any correction/change is applied for and the same is acknowledged.

(v)        This Registration Certificate shall remain valid till the Registrant carries on the activity for which it has been issued or surrenders it or till it is revoked or suspended.

(vi)       The grant of this Registration Certificate shall be without prejudice to the rights of any other person(s) over the registered premises or purpose to which such person may be lawfully entitled.”.

Annexure III

The Superintendent of Central Excise,

(Address of the Range)_____________

_____________________________________

Subject: Surrender of Registration Certificate –

I/We, _________________________________ of M/s ________________________,

duly authorised in this behalf by the proprietor/ firm/company declare that we do not require registration with the Central Excise and therefore hereby surrender and deposit with you the original copy of the Registration Certificate No. ________________________ issued to me on _______________ (date) in terms of the provisions of rule 9 read with notification No. ___________________ dated ___________ .

I/We further declare that duty has been paid in respect of all excisable goods manufactured and remaining in the factory, which are liable to duty.

I/We also declare that there is no government due pending against us and that there is no demand pending against us under Central Excise Act, 1944 (1 of 1944) and rule made thereunder pending as on the date of surrendering the Registration Certificate.

Signature of the Registrant or the authorised signatory

with full name, date and seal.

Acknowledgement

I hereby acknowledge receipt of "Registration Certificate No.____________________ in original. Surrender of registration shall be subject to correctness of the declaration made above.

Superintendent of Central Excise

with full name, date and seal.

This notification shall come into force on 1^st July, 2001.

F. No. 201/12/2001-CX.6

(P.K. Sinha)

Under Secretary to the Government of India

(Notification No.35/2001-Central Excise(N. T.), dated 26-6-2001, as amended by Notification No. 65/2001-C.E., (NT), dated 17-10-2001 and No. 30/2002-C.E. (N.T.), dated 17-9-2002)