Keyword(s):
Excise Commissioner, Fixed Deposit, Bank, Guarantee, Appropriate
Authority, Power to Amend or Rescind

This Act may be called the Uttar Pradesh Excise Rules (Amend- Short title
ment) Act, 1989.

  1. In the U. P. Excise Rules, published with the Board of Revenue, r$sr,&
    U.P. notification no. 423/V-294-B, dated September 26, 1910 in the unhtha head-
    rules under the heading “Fees” as substituted by the Uttar Pradesh ~$~~~
    Bxcise (First Amendment) Rules, 1984, in Rule 6, after sub-rule (151,
    the following sub-rule shall be inserted and shall be deemed to have
    been inserted on February 23, 1989, namely :-
    “(16) Notwithstanding anything contained in this rule, wheGe
    the Excise auction for the financial year 1989-90 purported to have
    been made under these rules (under the heading “Fees”) ,-
    (a)has been finally accepted by the Excise Commissioner
    before August 5, 1989, and a person in whose favour the
    auction was made has paid an amount equivalent to the secu-
    rity required under this rule, whether in cash or by Bank
    draft or in the form of fixed deposit receipt from any Schedul-
    ed Bank duly pledged to the Collector or in the form of Bank
    guarantee, on or before June 30, 1989 such payment shall be
    deemed to be valid security for due performance of the con-

tract paid within the time specified in this rule, as if such

manner and time for payment of security were prescribed in
sub-rules (8) and (9) at aH material times ;
(6)has not been so accepted by the Excise Commissioner
the provisions of clause (h) of sub-rule (8) of rule 7 shall
not apply to the person in whose favour the auction was
made. on the grc-~ndthat he had committed any default
relating to such auction.”

  1. The Rules modified by this Act shall continue in force until Powertoamend
    or rescind
    amended or rescinded by the appropriate authority in exercise of its
    power under the relevant section of the U.P. Excise Act, 1910 read
    with section 21 of the Uttar Pradesh General Clauses Act, 1904.
    nb. 1989, is hereby repealed.
    (2) Notwithstanding such repeal, anything done or any action
    taken under the provisions of the Rules, referred to in section 2, as
    amended by the Ordinance referred to in sub-section (I), shall be
    deemed to have been done or taken under the corresponding provisions
    of the said Rules, as amended by this Act, as if the provisions of this
    Act were in force at all material times.

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