 |
 |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Indian Bare Acts > CUSTOMS ACT, 1962 > CHAPTER VI PROVISIONS RELATING TO CONVEYANCES CARRYING IMPORTED OR EXPORTED GOODS |
|
| INDIAN BARE ACTS |
|
| Search Alphabatically : |
|
|
| Search Chronologically : |
|
|
|
|
| CUSTOMS ACT, 1962 |
|
Title : CUSTOMS ACT, 1962
Year : 1962
Act : CHAPTER VI PROVISIONS RELATING TO CONVEYANCES CARRYING IMPORTED OR EXPORTED GOODS
29.
Arrival of vessels and aircrafts in India.
29.Arrival of vessels and aircrafts in India. (1) The person-in- charge of a vessel or an aircraft entering India from any place outside India shall not cause or permit the vessel or aircraft to call or land-
(a) for the first time after arrival in India ; or
(b) at any time while it is carrying passengers or cargo
brought in that vessel or aircraft ;
at any place other than a customs port or a customs airport, as the case may be.
(2) The provisions of sub-section (1) shall not apply in relation to any vessel or aircraft which is compelled by accident, stress of weather or other unavoidable cause to call or land at a place other than a customs port or customs airport but the person-in- charge of any such vessel or aircraft--
(a) shall immediately report the I arrival of the vessel or
the landing of the aircraft to the nearest customs officer or
the officer-in-charge of a police station and shall on demand
produce to him the log book belonging to the vessel or the
aircraft ;
-----------------------------------------------------------------------
1. Ins. by Act 25 of 1978, s.7 (w.e.f. 1-7-1978).
2. Renumbered & ins. by Act 29 of 1988, s.3 (w.e.f. 1-7-1988).
3. Subs. by Act 40 of 1991, s.11 (w.e.f. 20-9-1991).
4. Ins. by s.12, ibid. (w.e.f. 20-9-1991).
5. Ins. by s.13, ibid. (w.e.f. 20-9-1991).
6. Ins. by Act 22 of 1995, S. 57
----------------------------------------------------------------------
1191
(b) shall not without the consent of any such officer
permit any goods carried in the vessel or the aircraft to be
unloaded from, or any of the crew or passengers to depart
from the vicinity of, the vessel or the aircraft ; and
(c) shall comply with any directions given by any such
officer with respect to any such goods,
and no passenger or member of the crew shall, without the consent of any such officer, leave the immediate vicinity of the vessel or the aircraft:
Provided that nothing in this section shall prohibit the departure of any crew or passengers from the vicinity of, or the removal of goods from, the vessel or aircraft where the departure or removal is necessary for reasons of health, safety or the preservation of life or property.
30.
Delivery of import manifest or import report.
30.Delivery of import manifest or import report. (1) The person- in-charge of a conveyance carrying imported goods shall, within twenty-four hours after arrival thereof at a customs station, deliver to the proper officer, in the case of a vessel or aircraft, an import manifest, and in the case of a vehicle, an import report, in the prescribed form:
Provided that,-
(a) in the case of a vessel any such manifest may be
delivered to the proper officer before the arrival of the
vessel ;
(b) if the proper officer is satisfied that there was
sufficient cause for not delivering the import manifest or
import report or any part thereof within twenty-four hours
after the arrival of the conveyance, he may accept it at any
time thereafter.
(2) The person delivering the import manifest or import report shall at the foot thereof make and subscribe to a declaration as to the truth of its contents.
(3) If the proper officer is satisfied that the import manifest or import report is in any way incorrect or incomplete, and that there was no fraudulent intention, he may permit it to be amended or supplemented.
31.
Imported goods not to be unloaded from vessel until entry inwardsgranted.
31.Imported goods not to be unloaded from vessel until entry inwards granted. (1) The master of a vessel shall not permit the unloading of any imported goods until an order has been given by the proper officer granting entry inwards to such vessel.
1192
(2)No order under sub-section (1) shall be given until an import manifest has been delivered or the proper officer is satisfied that there was sufficient cause for not delivering it.
(3) Nothing in this section shall apply to the unloading of baggage accompanying a passenger or a member of the crew, mail bags. animals, perishable goods and hazardous goods.
32.
Imported goods not to be unloaded unless mentioned in import manifestor import report.
32.Imported goods not to be unloaded unless mentioned in import manifest or import report. No imported goods required to be mentioned under the regulations in an import manifest or import report shall, except with the permission of the proper officer, be unloaded at any customs station unless they are specified in such manifest or report for being unloaded at that customs station.
33.
Unloading and loading of goods at approved places only.
33.Unloading and loading of goods at approved places only. Except with the permission of the proper officer, no imported goods shall be unloaded, and no export goods shall be loaded, at any place other than a place approved under clause (a) of section 8 for the unloading or loading of such goods.
34.
Goods not to be unloaded or loaded except under supervision of customsofficer.
34.Goods not to be unloaded or loaded except under supervision of customs officer. Imported goods shall not be unloaded from, and export goods shall not be loaded on, any conveyance except under the supervision of the proper officer:
Provided that the Board may, by notification in the Official Gazette, give general permission and the proper officer may in any particular, case give special permission, for any goods or class of goods to be unloaded or loaded without the supervision of the proper officer.
35.
Restrictions on goods being water-borne.
35.Restrictions on goods being water-borne. No imported goods shall be water-borne for being landed from any vessel, and no export goods which are not accompanied by a shipping bill, shall be water- home for being shipped, unless the goods are accompanied by a boat- note in the prescribed form:
Provided that the Board may, by notification in the Official Gazette, give general permission, and the proper officer may in any particular case give special permission, for any goods or any class of goods to be water-borne without being accompanied by a boat-note.
36.
Restrictions on unloading and loading of goods on holiday,s etc.
36.Restrictions on unloading and loading of goods on holiday,s etc. No imported goods shall be unloaded from, and no export goods shall be loaded on, any conveyance on any Sunday or on any holiday
1193
observed by the Customs Department or on any other day after the working hours, except after giving the prescribed notice and on pay- ment of the prescribed fees, if any:
Provided that no fees shall be levied for the unloading and loading of baggage accompanying a passenger or a member of the crew, and mail bags.
37.
Power to board conveyances.
37.Power to board conveyances. The proper officer may, at any time, board any conveyance carrying imported goods or export goods and may remain on such conveyance for such period as he considers necessary.
38.
Power to require production of documents and ask questions.
38.Power to require production of documents and ask questions. For the purposes of carrying out the provisions of this Act, the proper officer may require the person-in-charge of any conveyance or animal carrying imported goods or export goods to produce any document and to answer any questions and thereupon such person shall produce such documents and answer such questions.
39.
Export goods not to be loaded on vessel until entry outwards granted.
39.Export goods not to be loaded on vessel until entry outwards granted. The master of a vessel shall not permit the loading of any export goods, other than baggage and mail bags, until an order has been given by the proper officer granting entry-outwards to such vessel.
40.
Export goods not to be loaded unless duly passed by proper officer.
40.Export goods not to be loaded unless duly passed by proper officer. The person-in-charge of a conveyance shall not permit the loading at a customs station-
(a) of export goods, other than baggage and mail bags,
unless a shipping bill or bill of export or a bill of
transhipment, as the case may be, duly passed by the proper
officer, has been handed over to him by the exporter;
(b) of baggage and mail bags, unless their export has been
duly permitted by the proper officer.
41.
Delivery of export manifest or export report.
41.Delivery of export manifest or export report. (1) The person- incharge, of a conveyance carrying export goods shall, before departure of the conveyance from a customs station, deliver to the proper officer in the case of a vessel or aircraft, an export manifest, and in the case of a vehicle, an export report, in the prescribed form:
Provided that if the agent of the person in charge of the conveyance furnishes such security as the proper officer deems sufficient for duly delivering within seven days from the date of departure of
1194
the conveyance the export manifest or the export report, as the case may be, the proper officer may (subject to such rules as the Central Government may make in this behalf) accept such manifest or report within the aforesaid period,
(2) The person delivering the export manifest or export report shall at the foot thereof make and subscribe to a declaration as to the truth of its contents.
(3) If the proper officer is satisfied that the export manifest or export report is in any way incorrect or incomplete and that there was no fraudulent intention, he may permit such manifest or report to be amended or supplemented.
42.
No conveyance to leave without written order.
42.No conveyance to leave without written order. (1) The person- in-charge of a conveyance which has brought any imported goods or has loaded any export goods at a customs station shall not cause or permit the conveyance to depart from that customs station until a written order to that effect has been given by the proper officer.
(2) No such order shall be given until-
(a) the person-in-charge of the conveyance has answered the
questions put to him under section 38 ;
(b) the provisions of section 41 have been complied with;
(c) the shipping bills or bills of export, the bills of
transhipment, if any, and such other documents as the proper
officer may require have been delivered to him;
(d) all duties leviable on any stores consumed if, such
conveyance, and all charges and penalties due in respect of
such conveyance or from the person-in-charge thereof have
been paid or the payment secured by such guarantee or deposit
of such amount as the proper officer may direct ;
(e) the person-in-charge of the conveyance has satisfied
the proper officer that no penalty is leviable on him under
section 116 or the payment of any penalty that may be levied
upon him under that section has been secured by such
guarantee or deposit of such amount as the proper officer may
direct;
(f) in any case where any export goods have been loaded
without payment of export duty or in contravention of any
1195
provision of this Act or any other law for the time being in
force relating to export of goods,--
(i) such goods have been unloaded, or
(ii) where the Assistant Commissiner of Customs is satisfied
that it is not practicable to unload such goods, the person-
in-charge of the conveyance has given an undertaking, secured
by such guarantee or deposit of such amount as the proper
officer may direct, for bringing back the goods to India.
43.
Exemption of certain classes of conveyances from certain provisions ofthis Chapter.
43.Exemption of certain classes of conveyances from certain provisions of this Chapter. (1) The provisions of sections 30, 41 and
42 shall not apply to a vehicle which carries no goods other than the luggage of its occupants.
(2) The Central Government may, by notification in the Official Gazette, exempt the following classes of conveyances from all or any of the provisions of this Chapter--
(a) conveyances belonging to the Government or any foreign
Government;
(b) vessels and aircrafts which temporarily enter India by
reason of any emergency.
Last updated on February, 2008
|
|
|
|
|
|
|
|
| Property / Real Estate |
Legal verified real estate. Choose from our list of properties with clear title.
Search property |
|
|
|
|
|
|
|
|
