THE CUSTOMS ACT, 1962 (52 of 1962)
CHAPTER VI
Provisions relating to conveyances carrying imported or
exported goods
SECTION 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 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;
(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.
SECTION 30. Delivery
of import manifest or import report. – (1) The person-in-charge of
-
(i) a vessel; or
(ii) an aircraft;
or
(iii) a vehicle,
carrying imported goods or any other person as may be
specified by the Central Government, by notification in the Official Gazette,
in this behalf shall, in the case of a vessel or an aircraft, deliver to the
proper officer an import manifest prior to the arrival of the vessel or the
aircraft, as the case may be, and in the case of a vehicle, an import report
within twelve hours after its arrival in the customs station, in the prescribed
form and if the import manifest or the import report or any part thereof, is
not delivered to the proper officer within the time specified in this
sub-section and if the proper officer is satisfied that there was no sufficient
cause for such delay, the person-in-charge or any other person referred to in
this sub-section, who caused such delay, shall be liable to a penalty not
exceeding fifty thousand rupees.
Provided that,-
(a)
in the case of a vessel or an
aircraft, any such manifest may be delivered to the proper officer before the
arrival of the vessel or aircraft;
(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 the time specified in this
sub-section, 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.
SECTION 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.
(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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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-borne 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.
SECTION 36. Restrictions on unloading and loading of goods on holidays,
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 observed by the Customs
Department or on any other day after the working hours, except after giving the
prescribed notice and on payment 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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 41. Delivery of export manifest or export report – (1) The person-in-charge 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 :
(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.
SECTION 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 trans-shipment,
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 in 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 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 Commissioner of Customs or Deputy Commissioner 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.
SECTION 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 aircraft which temporarily enter India by
reason of any emergency.
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