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22nd August, 2002

Notification No. 43/2002-Central Excise

In exercise of the powers conferred by sub-section (1) of section 5A 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 further amendment in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 6/2002-Central Excise, dated the 1st March, 2002, namely:-

 In the said notification,-

 (i) in the Table,-

 (a) after S.No. 136 and the entries relating thereto, the following shall be inserted, namely:-

(1)

(2)

(3)

(4)

(5)

(6)

“136A

5506.20

Polyester staple fibres, carded, combed or otherwise processed for spinning, containing cotton (not containing any other textile material) and in which the proportion of polyester staple fibre is less than 70 per cent. by weight of the total fibre content manufactured by a factory owned by the Khadi and Village Industries Commission or any organization approved by the Khadi and Village Industries Commission

Nil

23A”;

(b) against S.No. 137, for the entry in column (3), the following shall be substituted, namely:-

“Yarn of polyester staple fibre containing cotton (not containing any other textile material) and in which the proportion of polyester staple fibre is less than 70 per cent. by weight of the total fibre content, manufactured or purchased by a factory owned by the Khadi and Village Industries Commission or any organization approved by the Khadi and Village Industries Commission “;

(ii) in the Annexure,-

(a) after condition No. 23 and the condition relating thereto, the following shall be inserted, namely:-

Condition No.

Conditions

“23A.

If the manufacturer produces at the time of clearance a certificate from an officer authorized in this behalf by the Khadi and Village Industries Commission, that these fibres shall be hand spun into yarns by a factory owned by the Khadi and Village Industries Commission or any organization approved by the Khadi and Village Industries Commission, for use only in the manufacture of Poly Vastra, that is to say, any cloth containing cotton and polyester, woven on handloom from yarns hand spun in India.”;

 (b) for condition No. 24 and the condition relating thereto, the following shall be substituted, namely:-

Condition No.

Conditions

“24.

If,-

(i) these goods are purchased by a factory owned by the Khadi and Village Industries Commission or any organization approved by the Khadi and Village Industries Commission and the payment for such goods is made by cheque drawn by the Khadi and Village Industries Commission or such organization approved by the Khadi and Village Industries Commission, as the case may be, on its own bank account; and

(ii) the manufacturer produces at the time of clearance a certificate from an officer authorized in this behalf by the Khadi and Village Industries Commission, that the yarn shall be used only in the manufacture of Poly Vastra, that is to say, any cloth containing cotton and polyester, woven on handloom from yarns hand spun in India.”.

  F.No. 357/17/2002-TRU

 Vivek Prasad

Under Secretary to the Government of India

 Note.- The principal notification was published in the Gazette of India, Extraordinary, vide notification No. 6/2002-Central Excise, dated the 1st March, 2002 [G.S.R. 127 (E), dated the 1st March, 2002] and was last amended by notification No. 42/2002-Central Excise, dated the 21st August, 2002 [G.S.R. No. 587 (E), dated the 21st August, 2002].

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