An Act to provide for the acquisition of right of user in land 1*[for laying pipelines for the transport of petroleum and minerals] and for matters connected therewith.
1.Short title, extent and application.
1. Short title, extent and application. (1) This Act may be called the 2*[Petroleum and Minerals Pipelines] (Acquisition of Right of User in Land) Act, 1962.(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It applies in the first instance to the whole of the States of West Bengal, Bihar, Uttar Pradesh and Gujarat and the Union territory of Delhi; and the Central Government may, by notification in the Official Gazette, declare that this Act shall also apply to such other State or Union territory and with effect from such date3* as may be specified in that notification and thereupon the provisions of this
Act shall apply to that State or Union territory accordingly.
2.Definitious
2. Definitious. In this Act, unless the context otherwise requires,–
(a) “competent authority” means any person or authority authorised by the Central Government, by notification in the Official Gazette, to perform the functions of the
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1 Subs. by Act 13 of 1977, s. 2, for “for laying petroleum pipelines” (w.e.f. 3-2-1977).
2 Subs. by s. 3, ibid., for “Petroleum Pipelines” (w.e.f. 3-2-
1977).
3 This Act came into force in the State of Assam, Kerala, Madhya
Pradesh, Maharashtra, Mysore and Rajasthan from 12-6-1963 vide
Notification No. S.O.I 1689 dated 12-6-1963, Gazette of India, Pt. II, Sec. 3(ii), p. 1945, in the State of Punjab from 16-8-1963 vide
Notification No. S.O. 2387, dated 16-8-1963, Gazette of India, Pt. II, Sec. 3 (ii), p. 2799 and in the States of Orissa, Andhra Pradesh and
Madras with effect from the 15th March, 1964, vide Notification No. S.
O. 987, dated 10-3-1964, Gazette of India, Pt. II, Sec. 3 (ii) p.
1214.58.competent authority under this Act 1*[and different persons or authorities may be authorised to perform all or any of the functions of the competent authority under this Act in the same area or different areas specified in the notification];
(b) “corporation” means any body corporate established under any Central, Provincial or State Act, and includes–
(i) a company formed and registered under the
Companies Act, 1956 (1 of 1956); and
(ii) a company formed and registered under any law relating to companies formerly in force in any part of
India;
1*[(ba) “minerals” have the meanings assigned to them in the
Mines Act, 1952 (35 of 1952), and include mineral oils and stowing sand but do not include petroleum;]
(c) “petroleum” has the same meaning as in the Petroleum
Act, 1934 (30 of 1934), and includes natural gas and refinery gas;
(d) “prescribed” means prescribed by rules made under this
Act.
3.Publication of notification for acquisition.
3. Publication of notification for acquisition. (1) Whenever it appears to the Central Government that it is necessary in the public interest that for the transport of petroleum 2*[or any mineral] from one locality to another locality pipelines may be laid by that
Government or by any State Government or a corporation and that for the purpose of laying such pipelines it is necessary to acquire the right of user in any land under which such pipelines may be laid, it may, by notification in the Official Gazette, declare its intention to acquire the right of user therein.
(2) Every notification under sub-section (1) shall give a brief description of the land.
(3) The competent authority shall cause the substance of the notification to be published at such places and in such manner as may be prescribed.
4.Power to enter, survey, etc.
4. Power to enter, survey, etc. On the issue of a notification under sub-section (1) of section 3, it shall be lawful for any person authorised by the Central Government or by the State Government or the corporation which
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1 Ins. by Act 13 of 1977, s. 4 (w.e.f. 3-2-1977).
2 Ins. by s. 5, ibid. (w.e.f. 3-2-1977).
59.proposes to lay pipelines for transporting petroleum 1*[or any mineral], and his servants and workmen–
(a) to enter upon and survey and take levels of any land specified in the notification;
(b) to dig or bore into the sub-soil;
(c) to set out the intended line of work;
(d) to mark such levels, boundaries and line by placing marks and cutting trenches;
(e) where otherwise survey cannot be completed and levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle; and
(f) to do all other acts necessary to ascertain whether pipelines can be laid under the land:
Provided that while exercising any power under this section, such person or any servant or workman of such person shall cause as little damage or injury as possible to such land.
5.Hearing of objections.
5. Hearing of objections. (1) Any person interested in the land may, within twenty-one days from the date of the notification under sub-section (1) of section 3, object to the laying of the pipelines under the land.
(2) Every objection under sub-section (1) shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard either in person or by a legal practitioner and may, after hearing all such objections and after making such further inquiry, if any, as that authority thinks necessary, by order either allow or disallow the objections.
(3) Any order made by the competent authority under sub-section
(2) shall be final.
6.Declaration of acquisition of right of user.
6. Declaration of acquisition of right of user. (1) Where no objections under sub-section (1) of section 5 have been made to the competent authority within the period specified therein or where the competent authority has disallowed the objections under sub-section
(2) of that section, that authority shall, as soon as may be,
2*[either make a report in respect of the land described in the notification under sub-section (1) of section 3, or make
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1 Ins. by Act 13 of 1977, s. 6 (w.e.f. 3-2-1977).
2 Subs. by s. 7, ibid. for certain words (w.e.f. 3-2-1977).
60
different reports in respect of different parcels of such land, to the
Central Government containing his recommendations on the objections, together with the record of the proceedings held by him, for the decision of that Government] and upon receipt of such report the
Central Government shall 1*[, if satisfied that such land is required for laying any pipeline for the transport of petroleum or any mineral,] declare, by notification in the Official Gazette, that the right of user in the land for laying the pipelines should be acquired
1*[and different declarations may be made from time to time in respect of different parcels of the land described in the notification issued under sub-section (1) of section 3, irrespective of whether one report or different reports have been made by the competent authority under this section].
(2) On the publication of the declaration under sub-section (1), the right of user 2*[in the land specified therein] shall vest absolutely in the Central Government free from all encumbrances.
(3) Where in respect of any land, a notification has been issued under sub-section (1) of section 3 but 2*[no declaration in respect of any parcel of land covered by that notification has been published under this section] within a period of one year from the date of that notification, that notification shall cease to have effect on the expiration of that period.
1*[(3A) No declaration in respect of any land covered by a notification issued under sub-section (1) of section 3, published after the commencement of the Petroleum Pipelines (Acquisition of
Right of User in Land) Amendment Act, 1977 (13 of 1977), shall be made after the expiry of three years from the date of such publication.]
(4) Notwithstanding anything contained in sub-section (2), the
Central Government may, on such terms and conditions as it may think fit to impose, direct by order in writing, that the right of user in the land for laying the pipelines shall, instead of vesting in the
Central Government vest, either on the date of publication of the declaration or, on such other date as may be specified in the direction, in the State Government or the corporation proposing to lay the pipelines and thereupon the right of such user in the land shall, subject to the terms and conditions so imposed, vest in that State
Government or corporation, as the case may be, free from all encumbrances.
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1 Ins. by Act 13 of 1977, s. 7 (w.e.f. 3-2-1977).
2 Subs. by s. 7, ibid., for certain words (w.e.f. 3-2-1977).
61.7.Central Government or State Government or corporation to laypipelines.
7. Central Government or State Government or corporation to lay pipelines. (1) Where the right of user in any land has vested in the
Central Government or in any State Government or Corporation under section 6–
(i) it shall be lawful for any person authorised by the
Central Government or such State Government or corporation, as the case may be, and his servants and workmen to enter upon the land and lay pipelines or to do any other act necessary for the laying of pipelines:
Provided that no pipeline shall be laid under–
(a) any land which, immediately before the date of the notification under sub-section (1) of section 3, was used for residential purposes;
(b) any land on which there stands any permanent structure which was in existence immediately before the said date;
(c) any land which is appurtenant to a dwelling house;
or
(d) any land at a depth which is less than one metre from the surface; 1***.
2*[(ia) for laying pipelines for the transport of petroleum, it shall be lawful for any person authorised by the
Central Government or such State Government or corporation to use such land for laying pipelines for transporting any mineral and where the right of user in any land has so vested for laying pipelines for transporting any mineral, it shall be lawful for such person to use such land for laying pipelines for transporting petroleum or any other mineral; and]
(ii) such land shall be used only for laying the pipelines and for maintaining, examining, repairing, altering or removing any such pipelines or for doing any other act necessary for any of the aforesaid purposes or for the utilisation of such pipelines.
(2) If any dispute arises with regard to any matter referred to in paragraph (b) or paragraph (c) of the proviso to clause (i) of sub-
section (1), the dispute shall be referred to the competent authority whose decision thereon shall be final.
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1 The word “and” omitted by Act 13 of 1977, s. 8 (w.e.f. 3-2-1977).
2 Ins. by s. 8, ibid. (w.e.f. 3-2-1977).
62.8.Power to enter land for inspection, etc.
8. Power to enter land for inspection, etc. For maintaining, examining, repairing, altering or removing any pipeline, or for doing any other act necessary for the utilisation of the pipelines or for the making of any inspection or measurement for any of the aforesaid purposes, any person authorised in this behalf by the Central
Government, the State Government or the corporation, as the case may be, may, after giving reasonable notice to the occupier of the land under which the pipeline has been laid, enter therein with such workmen and assistants as may be necessary:
Provided that, where such person is satisfied that an emergency exists, no such notice shall be necessary:
Provided further that, while exercising any powers under this section, such person or any workman or assistant of such person, shall cause as little damage or injury as possible to such land.
9.Restrictions regarding the use of land.
9. Restrictions regarding the use of land. (1) The owner or occupier of the land with respect to which a declaration has been made under sub-section (1) of section 6 shall be entitled to use the land for the purpose for which such land was put to use immediately before the date of the notification under sub-section (1) of section 3:
Provided that, such owner or occupier shall not after the declaration under sub-section (1) of section 6–
(i) construct any building or any other structure;
(ii) construct or excavate any tank, well, reservoir or dam;
or
(iii) plant any tree,
on that land.
(2) The owner or occupier of the land under which any pipeline has been laid not do any act or permit any act to be done which will or is likely to cause any damage in any manner whatsoever to the pipeline.
1*[(3) Where the owner or occupier of the land with respect to which a declaration has been made under sub-section (1) of section 6,-
–
(a) constructs any building or any other structure, or
(b) constructs or excavates any well, tank, reservoir or dam, or
(c) plants any tree,
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1 Ins. by Act 13 of 1977, s. 9 (w.e.f. 3-2-1977).
63.on that land, the Court of the District Judge within the local limits of whose jurisdiction such land is situate may, on an application made to it by the competent authority and after holding such inquiry as it may deem fit, cause the building, structure, reservoir, dam or tree to be removed or the well or tank to be filled up, and the costs of such removal or filling up shall be recoverable from such owner or occupier in the same manner as if the order for the recovery of such costs were a decree made by that Court.]
10.Compensation.
10. Compensation. (1) Where in the exercise of the powers conferred by section 4, section 7 or section 8 by any person, any damage, loss or injury is sustained by any person interested in the land under which the pipeline is proposed to be, or is being, or has been laid, the Central Government, the State Government or the corporation, as the case may be, shall be liable to pay compensation to such person for such damage, loss or injury, the amount of which shall be determined by the competent authority in the first instance.
(2) If the amount of compensation determined by the competent authority under sub-section (1) is not acceptable to either of the parties, the amount of compensation shall, on application by either of the parties to the District Judge within the limits of whose jurisdiction the land or any part thereof is situated, be determined by that District Judge.
(3) The competent authority or the District Judge while determining the compensation under sub-section (1) or sub-section (2), as the case may be, shall have due regard to the damage or loss sustained by any person interested in the land by reason of–
(i) the removal of trees or standing crops, if any, on the land while exercising the powers under section 4, section 7 or section 8;
(ii) the temporary severance of the land under which the pipeline has been laid from other lands belonging to, or in the occupation of, such person; or
(iii) any injury to any other property, whether movable or immovable, or the earnings of such persons caused in any other manner:
Provided that in determining the compensation no account shall be taken of any structure or other improvement made in the land after the date of the notification under sub-section (1) of section 3.64.(4) Where the right of user of any land has vested in the Central
Government, the State Government or the corporation, the Central
Government, the State Government or the corporation, as the case may be, shall, in addition to the compensation, if any, payable under sub-
section (1), be liable to pay to the owner and to any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such vesting, compensation calculated at ten per cent. of the market value of that land on the date of the notification under sub-section (1) of section 3.(5) The market value of the land on the said date shall be determined by the competent authority and if the value so determined by that authority is not acceptable to either of the parties, it shall, on application by either of the parties to the District Judge referred to in sub-section (2), be determined by that District Judge.
(6) The decision of the District Judge under sub-section (2) or sub-section (5) shall be final.
11.Deposit and payment of compensation.
11. Deposit and payment of compensation. (1) The amount of compensation determined under section 10 shall be deposited by the
Central Government, the State Government or the corporation, as the case may be, with the competent authority within such time and in such manner as may be prescribed.
(2) If the amount of compensation is not deposited within the time prescribed under sub-section (1), the Central Government, the
State Government or the corporation, as the case may be, shall be liable to pay interest thereon at the rate of six per cent. per annum from the date on which the compensation had to be deposited till the date of the actual deposit.
(3) As soon as may be after the compensation has been deposited under sub-section (1) the competent authority shall, on behalf of the
Central Government, the State Government or the corporation, as the case may be, pay the compensation to the persons entitled thereto.
(4) Where several persons claim to be interested in the amount of compensation deposited under sub-section (1), the competent authority shall determine the persons who in its opinion are entitled to receive the compensation and the amount payable to each of them.
(5) If any dispute arises as to the apportionment of the compensation or any part thereof or as to the persons to whom the same or any part thereof is payable, the competent authority shall refer
64A
the dispute to the decision of the District Judge within the limits of whose jurisdiction the land or any part thereof is situated and the decision of the District Judge thereon shall be final.
12.Competent authority to have certain powers of civil courts.
12. Competent authority to have certain powers of civil courts.
The competent authority shall have, for the purposes of this Act, all the powers of a civil court while trying a suit under the Code of
Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:–
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) reception of evidence on affidavits;
(d) requisitioning any public record from any court or office;
(e) issuing commission for examination of witnesses.
13.Protection of action taken in good faith.
13. Protection of action taken in good faith. (1) No suit, proceeding or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or notification made or issued thereunder.
(2) No suit or other legal proceeding shall lie against the
Central Government, the competent authority or any State Government, or corporation for any damage, loss or injury caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule or notification made or issued thereunder.
14.Bar of jurisdiction of civil courts.
14. Bar of jurisdiction of civil courts. Save as otherwise expressly provided in this Act, no civil court shall have jurisdiction in respect of any matter which the competent authority is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or proposed to be taken in pursuance of any power conferred by or under this Act.
15.Penalty.
15. Penalty. (1) Whoever wilfully obstructs any person in doing any of the acts authorised by section 4 or section 7 or section 8 or wilfully fills up, destroys, damages or displaces any trench or mark made under section 4 or wilfully does any act prohibited under section
9, shall be punishable with imprisonment which may extend to six months or with fine or with both.
64B
(2) Whoever wilfully removes, displaces, damages or destroys any pipeline laid under section 7, shall be punishable with rigorous imprisonment for a term which shall not be less than one year, but which may extend to three years and shall also be liable to fine.
16.Certain offence to be cognizable.
16. Certain offence to be cognizable. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), an offence falling under sub-section (2) of section 15 shall be deemed to be cognizable within the meaning of that Code.
17.Power to make rules.
17. Power to make rules. (1) The Central Government may, by notification in the Offifficial Gazette, make rules for carrying out the 1*[provisions] of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:–
(a) the places at which and the manner in which the substance of the notification may be published under sub-section (3) of section 3;
(b) the time within which and the manner in which the amount of compensation may be deposited under sub-section (1)
of section 11.(3) Every rule made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if 2*[before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
18.Application of other laws not barred.
18. Application of other laws not barred. The provisions of this
Act shall be in addition to and not in derogation of any other law for the time being in force relating to acquisition of land.
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1 Subs. by Act 13 of 1977,s. 10, for the word “purposes” (w.e.f.
3-2-1977).
2 Subs. by s. 10, ibid., for certain words (w.e.f. 3-2-1977).***************************************************
THE CUSTOMS ACT, 1962.ACT NO. 52 OF 1962.[13th December, 1962.]
An Act to consolidate and amend the law relating to customs.
BE it enacted by Parliament in the Thirteenth Year of the
Republic of India as follows:-
CHAP
PRELIMINARY
CHAPTER IPRELIMINARY
Â
1.Short title, extent and commencement.
1.Short title, extent and commencement. (1) This Act may be called the Customs Act, 1962.(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government *1.may, by notification in the Official Gazette, appoint.
2.Definitions.
2.Definitions. In this Act, unless the context otherwise requires,-
3[(1) “adjudicating authority” means any authority competent to pass any order or decision under this Act, but does not include the Board, Collector 3*[Commissinor (Appeals)](Appea-
ls) or Appellate Tribunal;
(1A) “aircraft” has the same meaning as in the Aircraft Act,
1934; (22 of 1934).
(1B) “Appellate Tribunal” means the Customs, Excise and Gold
(Control) Appellate Tribunal constituted under section 129;]
(2)”assessment” includes provisional assessment,re-assessment and any order of assessment in which the duty assessed is nil;
(3) “baggage” includes unaccompained baggage but does not include motor vehicles;
(4)” bill of entry ” means a bill of entry referred to in section 46 ;
(5) ” bill of export ” means a bill of export referred to in section 50
(6) ” Board ” means the 4*[Central Board of Excise and
Customs constituted under the Central Boards of Revenue Act,
1963] (54 of 1963).
(7) “coastal goods ” means goods, other than imported goods, transported in a vessel from one port in India to another;
5*(7A)”Commissioner (Appeals)” means a person appointed to be a
Commissioner of Customs (Appeals) under sub-section (1) of section 4;”]
6*[(8) “Commissioner of Customs”, except for the purposes of
Chapter XV, includes an Additional Commissioner of Customs;]
(9) “conveyance ” includes a vessel, an aircraft and a vehicle;
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1 1st February, 1963 ; vide notification No. G.S.R. 155, dated
23-1-1963. Gazette of India, Extraordinary, Pt. II, See. 3(i), p. 73.4 Subs. by Act 44 of 1980, S. 50 and fifth Sch., for cl. (1) (w.-
e.f. 11.10.1982).
3 Subs. by Act 22 of 1975, s. 51, for “Collector (Appeals)”.
2 Subs. by Act 54 of 1963, s, 5 (2), for certain words (w.e.f.
1-1-1964).
5 Ins. by Act 44 of 1980, s. 50 and Sch. (w.e.f. 11.10.1982).
6 Subs. by Act 18 of 1992, s. 109.The Act shall come into force in the State of Sikkim w.e.f. 1-10-
1979;vide Notifn. NO. G.S. R. 527 (E), dated 1-9-1979, Gaz. of India, Exty., Pt. II, Sec3 (i), p. 1148.———————————————————————-
1176.
(10) ” customs airport ” means any airport appointed under clause (a) of section 7 to be a customs airport ;
(11) “customs area” means the area of a customs station and includes any area in which imported goods or export goods are ordinarily kept before clearance by Customs Authorities;
(12) customs port means any port and includes a place appointed under clause (a) appointed under clause (aa) that section to be an inland container deport”]
(13) customs station ” means any customs port, customs airport or land customs station ;
(14) dutiable goods ” means any goods which are chargeable to duty and on which duty has not been paid ;
(15) “duty” means a duty of customs leviable under this Act;
(16) “entry” in relation to goods means an entry made in a bill of entry, shipping bill or bill of export and includes in the case of goods imported or to be exported by post, the entry referred to in section 82 or the entry made under the regulations made under section 84 ;
(17) ” examination “, in relation to any goods, includes measurement and weighment thereof;
(18) ” export “, with its grammatical variations and cognate expressions, means taking out of India to a place outside India ;
(19) “export goods” means any goods which are to be taken out of India to a place outside India ;
(20)” exporter “, in relation to any goods at any time between their entry for export and the time when they are ex-
ported, includes any owner or any person holding himself out to be the exporter;
(21) foreign-going vessel or aircraft ” means any vessel or aircraft for the time being engaged in the carriage of goods or passengers between any port or airport in India and any port or airport outside India, whether touching any intermediate port or airport in India or not, and includes-
(i) any naval vessel of a foreign Government taking part in any naval exercises ;
(ii) any vessel engaged in fishing or any other operations outside the territorial waters of India
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1 Ins. by Act 11 of 1983, s. 46.———————————————————————-
1177.(iii) any vessel or aircraft proceeding to a place outside
India for any purpose whatsoever;
1*(21A) “Fund” means the Consumer Welfare Fund established under section 12C of the Central Excises and Salt Act, 1944.1 of 1944 ;]
(22) goods ” includes-
(a) vessels, aircrafts and vehicles;
(b) stores ;
(c) baggage;
(d) currency and negotiable instruments; and
(e) any other kind of moveable property;
(23) ” import “, with its grammatical variations and cognate expressions, means bringing into India from a place outside
India ;
(24) ” import manifest ” or ” import report ” means the manifest or report required to be delivered under section 30;
(25) ” imported goods ” means any goods brought into India from a place outside India but does not include goods which have been cleared for home consumption;
(26)” importer “, in relation to any goods at any time between their importation and the time when they are cleared for home consumption, includes any owner or any person holding himself out to be the importer;
(27) India ” includes the territorial waters of India;
(28) India customs waters” means the waters extending into the to a limit of contiguous zone of India under section 5 of the territorial inentals, shelf, Exclusive and other Maritime zones Act 1976″] of the Territorial Economic Zone and other maritime includes Economic any bay, gulf, harbour, creek or trade river;
(29) ” land customs station ” means any place appointed under clause (b) of section 7 to be a land customs station ;
(30) ” market price in relation to any goods, means the wholesale price of the goods in the ordinary course of trade in India ;
(31) ” person-in-charge ” means,-
(a) in relation to a vessel, the master of the vessel;
(b) in relation to an aircraft, the commander or pilot-in-
charge of the aircraft;
(c) in relation to a railway train, the conductor, guard or other person having the chief direction of the train;
———————————————————————-
1 Subs. by Act 25 of 1978, S. 2 (w.e.f. 1.7. 1978)
2 Ins. by Act 40 of 1991, s. 9 (w.e.f 20.9. 1991)
———————————————————————-
1178.
(d) in relation to any other conveyance, the driver or other person-in-charge of the conveyance ;
(32)” prescribed ” means prescribed by regulations made under this Act
(33)” prohibited goods ” means any goods the import or export of which is subject to any prohibition under this Act or any other law for the time being in force but does not include any such goods in respect of which the conditions subject to which the goods are permitted to be imported or exported have been complied with;
(34) proper officer “, in relation to any functions to be performed under this Act, means the officer of customs who is assigned those functions by the Board or the Commissioner
Collector of Customs];
(35) ” regulations ” means the regulations made by the Board under any provision of this Act;
(36)” rules ” means the rules made by the Central Government under any provision of this Act ;
(37)” shipping bill ” means a shipping bill referred to in section 50 ;
(38) “stores” means goods for use in a vessel or aircraft and includes fuel and spare parts and other articles of equipment, whether or not for immediate fitting;
(39)” smuggling “, in relation to any goods, means any act or omission which will render such goods liable to confiscation under section 111 or section 113 ;
(40) ” tariff value “, in relation to any goods, means the tariff value. fixed in respect thereof under sub-section (2)
of section 14 ;
(41) ” value “, in relation to any goods, means the value thereof determined in accordance with the provisions of sub-
section (1) of section 14 ;
(42) ” vehicle ” means conveyance of any kind used on land and includes a railway vehicle;
(43) ” warehouse ” means a public warehouse appointed under section 57 or a private warehouse licensed under section 58 ;
(44) “warehoused goods” means goods deposited in a ware-
house;
1 Subs by Act 22 of 1995, s. 50, for “collector of customs”
1179.(45)” warehousing station ” means a place declared as a ware housing station under section 9
Â
CHAPTER IIOFFICERS OF CUSTOMS
Â
3.Classes of officers of customs. There shall be the following classes of officers of customs, namely:-
1*[(a) Principle Collectors of Customs;]
2*[(aa) Commissioner of Customs
3*(b) Commissinor of Customs ( Appeals); ”
(c) Deputy Commissioners of Customs
(d) Assistant Commissioners of Customs ; and
(e)such other class of officers of customs as may be appointed for the purposes of this Act.
CHAPTER IIIAPPOINTMENT OF CUSTOMS PORTS, AIRPORTS, WAREHOUSING STATIONS, ETC
Â
4.Appointment of officers of customs.(1) The Central Government may appoint such persons as it thinks fit to be officers of customs.
(2) Without prejudice to the provisions of sub-section (1), the
Central Government may authorise the Board, a Commissioner of Customs or of Deputy or Assistant Commissioner of Customs to appoint officers of customs below the rank of Assistant Commissioner of Customs.
5.Power of officers of customs.
5.Power of officers of customs. (1) Subject to such conditions and limitations as the Board may impose, an officer of customs may exercise the powers and discharge ,the duties conferred or imposed on him under this Act.
(2) An officer of customs may exercise the powers and discharge duties conferred or imposed under this Act on any other officer of the customs who is subordinate to him.
(3) Notwithstanding anything contained in this section, 3*[a collector appeals)] shall not exercise the powers and discharge the duties conferred or imposed on an officer of customs other than those specified in Chapter XV and section 108.6.Entrustment of functions of Board and customs officers on certainother officers.
6.Entrustment of functions of Board and customs officers on certain other officers. The Central Government may, by notification in th Official (Gazette, entrust either conditionally or unconditionally to. any officer ,of the Central or the State Government or a local authority any functions of the Board or any officer of customs under this Act.
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1 Subs. by Act 44 of 1980, S. 50 & Sch. v. (w.e.f. 11-10-1982)
3. Subs. by Act 22 of 1995, S. 52.2 Re-lettered and ins. by Act 29 of 1988, s. 2 (w.e.f.1.7.1988).
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1180
CHAPTER IVPROHIBITIONS ON IMPORTATION AND EXPORTATION OF GOODS
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11.Power to prohibit importation or exportation of goods. (1) If the Central Government is satisfied that it is necessary So to do for any of the purposes specified in sub-section (2), it may,
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1 Ins. by Act 11 of 1983, s. 47.———————————————————————-
1181.by notification in the Official Gazette, prohibit either absolutely or subject to such conditions (to be fulfilled before or after clearance)
as may be specified in the notification, the import or export of goods of any specified description.
(2)The purposes referred to in sub-section (1) are the following:
(a) the maintenance of the security of India;
(b)the maintenance of public order and standards of decency or morality ;
(c)the prevention of smuggling;
(d)the prevention of shortage of goods of any description;
(e)the conservation of foreign exchange and the safeguarding of balance of payments;
(f)the prevention of injury to the economy of the country by the uncontrolled import or export of gold or silver ;
(g)the prevention of surplus of any agricultural product or the product of fisheries ;
(h) the maintenance of standards for the classification, grading or marketing of goods in international trade;
(i) the establishment of any industry;
(j)the prevention of serious injury to domestic production of goods of any description ;
(k) the protection of human, animal or plant life or health;
(l) the protection of :national treasures of artistic, historic or archaeological value ;
(m) the conservation of exhaustible natural resources;
(n) The protection of patents, trade marks and copyrights;
(o) the prevention of deceptive practices;
(p)the carrying on of foreign trade in any goods by the
State,or by a Corporation owned or controlled by the State to the exclusion, complete or partial, of citizens of India;
(q)the fulfilment of obligations under the Charter of the
United Nations for the maintenance of international peace and security ;
(r)the implementation of any treaty, agreement or convention with any country;
(s)the compliance of imported goods with any laws which are applicable to similar goods produced or manufactured in India
1182.(t)the prevention of dissemination of documents containing any matter which is likely to prejudicially affect friendly relations with any foreign State or is derogatory to national prestige ;
(u)the prevention of the contravention of any law for the time being in force ; and
(v)any other purpose conducive to the interests of the general public.
[CHAPTER IVADETECTION OF ILLEGALLY IMPORTED GOODS AND PREVENTION OF THE DISPOSAL
THEREOF
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11A.Definitions. In this Chapter, unless the context otherwise requires,-
(a)”illegal import” means the import of any goods in contravention of the provisions of this Act or any other law for the time being in force ;
(b)” intimated place ” means a place intimated under sub-
section (1), sub-section (2) or sub-section (3), as the case may be, of section 11C;
(c)”notified date”, in relation to goods of any description, means the date on which the notification in relation to such goods is issued under section 11B;
(d)”notified goods” means goods specified in the notification issued under section 11B.
11B.
Power of Central Government to notify goods. 11B.Power of Central
Government to notify goods. If, havingregard to the magnitude of the illegal import of goods of any class ordescription, the
11C.
Persons possessing notified goods to intimate the place of storage, etc.
11C.Persons possessing notified goods to intimate the place of storage, etc. (1) Every person who owns, possesses or controls, On the notified date, any notified goods, shall, within seven days from that date, deliver to the proper officer a statement (in such form, in such manner and containing such particulars as may be specified by rules made in the notified goods owned, possessed
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1 Ins. by Act 12 of 1969, s. 2 (w.e.f. 3-1-1969).
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1182A
or controlled by him and the place where such goods are kept or stored.
(2) Every person who acquires, after the notified date, any notified goods, shall, before making such acquisition, deliver to the proper officer an intimation containing the particulars of the place where such goods are proposed to be kept or stored after such acquisition and shall immediately on such acquisition, deliver to the proper officer a statement (in such form, in such manner and con-
taining such particulars as may be specified by rules made in this behalf) in relation to the notified goods acquired by him:
Provided that a person who has delivered a statement, whether under sub-section (1) or sub-section (2), in relation to any notified goods, owned, possessed, controlled or acquired by him, shall. not be required to deliver any further statement in relation to any notified goods acquired by him, after the date of delivery of the said state-
ment, so long as the notified goods so acquired are kept or stored at the intimated place.
(3) If any person intends to shift any notified goods to any place other than the intimated place, he shall, before taking out such goods from the intimated place, deliver to the proper officer an intimation containing the particulars of the place to which such goods are proposed to be shifted.
(4) No person shall, after the expiry of seven day from the notified date, keep or store any notified goods at any place other than the Intimated place.
(5) Where any notified goods have been sold or transferred, such goods shall not be take from one place to another unless they are accompanied by the voucher referred to in section 11F.
(6) No notified goods (other than those which have been sold For transferred) shall be taken from one place to another unless they are accompanied by a transport voucher (in such form and containing,such particulars as may be specified by rules made in this behalf) prepared by the persons owning, possessing or controlling such goods.
11D.
Precautions to be taken by persons acquiring notified goods.
11D.Precautions to be taken by persons acquiring notified goods.No person shall acquire (except by gift or succession, from any other
11E.
Persons possessing notified goods to maintain accounts.
11E.Persons possessing notified goods to maintain accounts. (1)
Every person who, on or after the notified date, owns, possesses, controls or acquires any notified goods shall maintain (in such form and in such manner as may be specified by rules made in this behalf) a true and complete account of such goods and shall, as often as he acquires or parts with any notified goods, make an entry in the said account in relation to such acquisition or parting with, and shall also state therein the particulars of the person from whom such goods have been acquired or in whose favour such goods have been parted with, as the case may be, and such account shall be kept, along with the goods, at the place of storage of the notified goods to which such accounts relate:
Provided that it shall not be necessary to maintain separately accounts in the form and manner specified by rules made in this behalf in the case of a person who is already maintaining accounts which contain the particulars specified by the said rules.
(2) Every person Who owns, possesses or controls any notified goods and who uses any such goods for the manufacture of any other goods, shall maintain (in such form, in such manner and containing such particulars as may be specified by rules made in this behalf) a true and complete account of the notified goods so used by him and shall keep such account at the intimated place.
11F.
Sale, etc., of notified goods to be evidenced by vouchers.
11F.Sale, etc., of notified goods to be evidenced by vouchers.
On and from the notified date,no person shall sell or other-wise transfer any notified goods, unless every transaction in relation to the sale, or transfer of such goods is evidenced by a voucher in such form and containing such particulars as may be specified by rules made in this behalf.
11G.
Sections 11C, 11E, and 11F not to apply to goods in personal use.
11G.Sections 11C, 11E and 11F not to apply to goods in personal use. (1) Nothing in sections 11C, 11E and 11F shall apply to any notified goods which are–
(a) in personal use of the person by whom they are owned, possessed or controlled, or
1182C
(b) kept in the residential premises of a person for his personal use.
(2) If any person, who is in possession of any notified goods referred to in sub-section (1), sells, or otherwise transfers for a valuable consideration, any such goods he shall issue to the purchaser or transferee, as the case may be, a memorandum containing such particulars as may be specified by rules made in this behalf and no such goods shall be taken from one place to another unless they are accompanied by the said memorandum.
CHAPTER IVBPREEVENTION OR DETENTION OF ILLEGAL EXPORT OF GOODS
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11H.Definitions. In this Chapter, unless the context otherwise requires,-
(a) ” illegal export” means the export of any goods in contravention of the provisions of this Act or any other law for the time being in force;
(b) ” intimated place ” means a place intimated under sub-
section (1), sub-section (2) or sub-section (2), as the case may be, of section 11J ;
(c) “specified area” includes the Indian customs waters,and such inland area, not exceeding one hundred kilometres in width from any coast or other border of India, as the Central
Government may, having regard to the vulnerability of that area to smuggling, by notification in the Official Gazette, specify in this behalf:
Provided that where part of any village, town or city falls within a specified area, the whole of such village, town or city shall, notwithstanding that the whole of it is not within one hundred kilometres from any coast or other border of India,may be deemed to be included in such speci-
fied area ;
(d) specified date “, in relation to specified goods, means the date on which any notification is issued under section
11-I in relation to those goods in any specified area ;
(e) specified goods” means goods of any description specified in the notification issued under section 11-I
:in”relation to a specified area.
1182D
11-I
Power of Central Government of specify goods. 11-I.Power of Central
Government of specify goods. If, havingregard to the magnitude of the illegal export of goods of any class ordescription, th
1182.11K.
Transport of specified goods to be covered by vouchers. 11K.Transport of specified goods to be covered by vouchers. (1)No specified goods shall be transported from, into or within anyspeci
11L.
Persons possessing specified goods to maintain accounts. 11L.Persons possessing specified goods to maintain accounts. (1)Every person who, on or after the specified date, owns, possesses orcont
11M.
Steps to be taken by persons selling or transferring and specifiedgoods.
11M.Steps to be taken by persons selling or transferring anyspecified goods. Except where he receives payment by
