(1)Where, in respect of any goods, the Central Government is satisfied that the duty leviable thereon under Section 3 of the [Central Excise Act, 1944] [Central Excise and Salt Act, 1944 renamed by s.71 of the Finance (No.2) Act, 1996 (33 of 1996).] (1 of 1944) should be increased and that circumstances exist which render it necessary to take immediate action, the Central Government may, by notification in the Official Gazette, direct an amendment of [the First Schedule and the Second Schedule] [Substituted by s. 134 of the Finance Act, 1999 (27 of 1999).] to be made so as to substitute for the rate of duty specified in [the First Schedule and the Second Schedule] [Substituted by s. 134 of the Finance Act, 1999 (27 of 1999).] in respect of such goods, -(a)in a case where the rate of duty as specified in [the First Schedule and the Second Schedule] [Substituted by s. 134 of the Finance Act, 1999 (27 of 1999).] as in force immediately before the issue of such notification is nil, a rate of duty not exceeding fifty per cent ad valorem expressed in any form or method;(b)[in any other case, a rate of duty as it thinks necessary.] [Amended by The Central Excise Tariff (Amendment) Ordinance, 2002.]Provided that the Central Government shall not issue any notification under this sub-section for substituting the rate of duty in respect of any goods as specified by an earlier notification issued under this sub-section by that Government before such earlier notification has been approved with or without modifications under sub-section (2).Explanation. - "Form or method", in relation to a rate of duty of excise means the basis, namely, valuation, weight, number, length, area, volume or other measure with reference to which the duty may be levied.
