REGISTERED No. D. Mi
अजिस्ट्री ८० डी० 221
LUC
14 JAN 1969
भारतरभारत को राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II- खण्ड 1
PART II- Section I
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
संख्या 1] नई दिल्ली , शुक्रबार , जनवरी 3 , 1969/पौष 13, 1890
NEW DELHI , FRIDAY , JANUARY 1 , 1969/ PAUSA 13 , 1890
No.r]
इस भाग में भिन्न पृष्ठ संख्या ही जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके । Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW
(Legislative Department)
New Delhi , the 3rd January, 1969 Pausa 13 , 1890 (Saka)
THE CUSTOMS ( AMENDMENT) ORDINANCE , 19 No. 1 OF 1969
Promulgated by the President in the Nineteenth Year of the Republic of India .
An Ordinance further to amend the Customs Act, 1962 . WHEREAS a Bill further to amend the Customs Act , 1962 , has been introduced in Parliament but has not yet been passed;
AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action to give effect to the amendments proposed in the said Bill ;
NOW, THEREFORE , in exercise of the powers conferred by clause ( 1 ) of article 123 of the Constitution , the President is pleased to promul- gate the following Ordinance :-
1. (1 ) This Ordinance may be called the Customs (Amendment) Ordinance, 1969 .
extent and Short title, commence ment .
(2 ) It extends to the whole of India.
(3) It shall come into force at once .
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2. After Chapter IV of the Customs Act , 1962 ( hereinafter refer- 34 of 1962 red to as the principal Act ) , the following Chapters shall be inserted, namely : -
Insertion of new Chap- ters IVA, IVB and IVC .
' CHAPTER IVA
DETECTION OF ILLEGALLY IMPORTED GOODS AND PREVENTION OF THE DISPOSAL THEREOF
11A . In this Chapter , unless the context otherwise requires ,--
Definitions .
( 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 ;
SECRETO
Tsub-section ( 1 ) , sub - section ( 2) or sub - section ( 3) , ( b ) " intimated place " means a place intimated under maybe , of section 11C ; as the case
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NMENT OF INDIA
( c) "notified date ", in relation to goods of any descrip hon , 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 noti- fication issued under section 11B.
Power of Central Government tonotify goods .
11B . If, having regard to the magnitude of the illegal import of goods of any class or description , the Central Government is satisfied that it is expedient in the public interest to take special measures for the purpose of checking the illegal import , circula- tion or disposal of such goods , or facilitating the detection of such goods , it may, by notification in the Official Gazette , specify goods of such class or description .
Persons possessing notified roods to intimate the place of storage, etc.
11C . ( 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 this behalf) in relation to the notified goods owned , possessed 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 containing such particulars as may be specified by rules made in this behalf) in relation to the notified goods acquired by him:
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Provided that a person who has delivered a statement , whe- ther 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 statement , 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 days 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 taken 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 or transferred ) shall be taken from one place to another ünless they are accompanied by a transport voucher ( in such form and containing such particulars as may be specifled by rules made in this behalf ) prepared by the person owning , possessing or controlling such goods .
11D. No person shall acquire ( except by gift or succession , from any other individual in India ) , after the notified date , any notified goods-
Precautions: to be taken by persons acquiring notified goods.
(i) unless such goods are accompanied by,-
(a) the voucher referred to in section 11F or the memorandum referred to in sub - section ( 2 ) of section 11G , as the case may be , or
(b) in the case of a person who has himself imported any goods , any evidence showing clearance of such goods by the Customs Authorities ; and (ii ) unless he has taken , before acquiring such goods from a person other than a dealer having a fixed place of business , such reasonable steps as may be specified by rules made in this behalf , to ensure that the goods so acquired by him are not goods which have been illegally imported .
Persons possessing notified goods to accounts . maintain 11E . ( 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 THE GAZETTE OF INDIA EXTRAORDINARY [ PART II 4
goods and shall , as often as he acquires or parts with any noti- fted goods , make an entry in the said account in relation to such acquisition or parting with , and shall also state therein the par- ticulars 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 noti- fied 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.
Sale, eec., of noifi goodsto be evidenced by ors .
11F . On andfrom the notified date , no person shall sell or otherwise 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 . ( 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
Sections. IIC, IHE and Finot to apply to goods in personal use .
( 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 tranfers 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 IVB
PREVENTION OR DETECTION OF ILLEGAL EXPORT OF GOODS
Definitions.
11H. In this Chapter , unless the context otherwise requires,-
(a) " illegal export " means the export of any goods in con- travention of the provisions of this Act or any other law for the time being in force ;
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(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 11J;
( c) " specified area" includes the Indian customs waters , and such inland area , not exceeding fifty 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 a 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 fifty kilometres from any coast or other border of India , be deemed to be included in such specified 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 rela- tion to a specified area .
Power of Central Government to specify goods. 11-1. If, having regard to the magnitude of the illegal export of goods of any class or description , the Central Government is satisfied that it is expedient in the public interest to take spe- cial measures for the purpose of checking the illegal export or facilitating the detection of goods which are likely to be illegally exported , it may , by notification in the Official Gazette , specify goods of such class or description .
possessing intimate the place of 11J . ( 1 ) Every person who owns , possesses or controls , on Persons the specified date, any specified goods , the market price of which Poecified exceeds fifteen thousand rupees shall , within seven days from goods to that date, deliver to the proper officer an intimation containing the particulars of the place where such goods are kept or stored storage , etc. within the specified area .
(2) Every person who acquires (within the specified area) , after the specified date , any specified goods ,-
(i) the market price of which , or
(ii ) the market price of which together with the market price of any specified goods of the same class or description , if any , owned , possessed or controlled by him on the date of such acquisition ,
exceeds fifteen thousand rupees shall , before making such acqui- sition , deliver to the proper officer an intimation containing the 6
[ PART II
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particulars of the place where such goods are proposed to be kept or stored after such acquisition:
Provided that a person who has delivered an intimation , wr ther under sub- section ( 1) or sub - section ( 2 ) , in relation to any specified goods , owned , possessed , controlled or acquired by him , shall not be required to deliver any further intimation, so long as the specified goods are kept or stored at the intimated place .
(3) If any person intends to shift any specified goods to which sub - section ( 1 ) or sub - section ( 2 ) applies , 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 days from the specified date , keep or store any specified goods to which sub- section ( 1) or sub - section ( 2 ) applies , at any place other than the intimated place.
Transport of specified goods to be covered by vouchers.
11K. ( 1 ) No specified goods shall be transported from , into or within any specified area or loaded on any animal or convey- ance in such area , 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 person owning , possessing , controlling or selling such goods :
Provided that no transport voucher shall be necessary for the transport , within a village , town or city , of any specified goods the market price of which , on the date of transport , does not exceed one thousand rupees .
(2) Notwithstanding anything contained in sub - section ( 1) , where the Central Government , after considering the nature of any specified goods , the time , mode , route and the market price of the goods intended to be transported , the purpose of the transportation and the vulnerability of the specified area with regard to the illegal export of such goods is satisfied that it is expedient in the public interest so to do , it may ,-
(i ) by notification in the Official Gazette , specify goods of such class or description and of a market price exceeding such sum as that Government may notify ; and different sums in relation to the specified goods of the same class or SEC . 1 ] THE GAZETTE OF INDIA EXTRAORDINARY 7
description , or different classes or descriptions , may be noti- fled for the same specified area or for different specified areas , and
(ii ) direct that no person shall transport any goods so specified unless the transport voucher in relation to them has been countersigned by the proper officer .
Persons possessing specified goods to maintain accounts .
11L . ( 1 ) Every person who , on or after the specified date , owns , possessés or controls , within a specified area , any specified goods of a market price exceeding fifteen thousand rupees , 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 speci- fied 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 specified goods to which such accounts relate :
Provided that it shall not be necessary to maintain sepa- rately 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 spe cified goods to which the provisions of sub - section ( 1 ) apply , 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 specified goods so used by him and shall keep such account at the intimated place.
(3 ) If at any time , on a verification made by a proper officer , it is found that any specified goods owned , possessed or control- led by a person are lesser in quantity than the stock of such goods as shown , at the time of such verification , in the accounts referred to in sub - section ( 1 ) , read with the accounts referred to in sub - section ( 2 ) , it shall be presumed , unless the contrary is proved , that such goods , to the extent that they are lesser than the stock shown in the said accounts , have been illegally exported and that the person owning , possessing or controlling such goods has been concerned with the illegal export thereof.
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[PART 11
Steps tobe taken by persons selling or transferring any specified goods.
11M. Except where he receives payment by cheque drawn by the purchaser , every person who sells or otherwise transfers within any specified area , any specified goods , shall obtain, on his copy of the sale or transfer voucher, the signature and full postal address of the person to whom such sale or transfer is made and shall also take such other reasonable steps as may be specified by rules made in this behalf to ensure that the purchaser or trans- feree , as the case may be, is not a fictitious person, and if he omits or fails to take such steps , it shall be presumed , unless the contrary is proved , that such goods have been illegally ex- ported and the person who had sold or otherwise transferred such goods had been concerned in such illegal export :
Provided that nothing in this section shall apply to petty sales of any specified goods if the aggregate market price obtain- ed by such petty sales , made in the course of a day , does not exceed two thousand and five hundred rupees .
Explanation . In this section " petty sale" means a sale at a price which does not exceed one thousand rupees .
CHAPTER IVC
POWER TO EXEMPT FROM THE PROVISIONS OF CHAPTERS IVA AND IVB
Power to exempt.
11N . If the Central Government is satisfied that it is neces- sary in the public interest so to do , it may , by notification in the Official Gazette , exempt generally , either absolutely or subject to such conditions as may be specified in the notification, goods of any class or description from all or any of the provisions of Chapter IVA or Chapter IVB . ' .
3. After section 106 of the principal Act , the following section shall be inserted , namely: -
Insertion of new section 1064 .
Power to ins- pect.
" 106A. Any proper officer authorised in this behalf by the Collector of Customs may , for the purpose of ascertaining whe ther or not the requirements of this Act have been complied with , at any reasonable time , enter any place intimated under Chapter IVA or Chapter IVB , as the case may be, and inspect the goods kept or stored therein and require any person found therein, who is for the THE GAZETTE OF INDIA EXTRAORDINARY
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SEC. 1 ]
time being in charge thereof , to produce to him for his inspec- tion the accounts maintained under the said Chapter IVA or Chapter IVB , as the case may be , and to furnish to him such other information as he may reasonably require for the purpose of ascertaining whether or not such goods have been illegally imported , exported or are likely to be illegally exported." .
of section 4. In section 111 of the principal Act , after clause ( o ) , the follow- Amendment ing clause shall be inserted , namely:-
" (p ) any notified goods in relation to which any provisions of Chapter IVA or of any rule made under this Act for carrying out the purposes of that Chapter have been contravened . ".
5. In section 113 of the principal Act , after clause (k ) , the follow- Amendment ing clause shall be inserted , namely : - of section 113.
"( 1) any specified goods in relation to which any provisions of Chapter IVB or of any rule made under this Act for carrying out the purposes of that Chapter have been contravened. " .
6. In section 159 of the principal Act , after the figures " 11 " , the Amendment figures and letters " 11B , 11H , 11-1 , 11K , 11N " shall be inserted. of section 159.
ZAKIR HUSAIN , President .
V. N. BHATΙΑ ,
Secy, to the Govt . of India .
PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI , 1968