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REGISTERED No. D 221

The Gazette of India

EXTRAORDINARY

PART II—Section I

PUBLISHED BY AUTHORITY

No. 17] NEW DELHI, FRIDAY, MARCH 28, 1969/CHAITRA 7, 1891

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 28th March, 1969/Chaitra 7, 1891 (Saka)

The following Act of Parliament received the assent of the President

on the 28th March, 1969, and is hereby published for general informa-

tion:—

THE CUSTOMS (AMENDMENT) ACT, 1969 No. 12 OF 1969

[28th March, 1969]

An Act further to amend the Customs Act, 1962.

BE It enacted by Parliament in the Twentieth Year of the Republic of India as follows:-—

1. (1) This Act may be called the Customs (Amendment) Act, 1969.

(2) It extends to the whole of India.

(3) It shall be deemed to have come into force on the 3rd day of

January, 1969.

Short title, extent and com- mence- ment.

62 of 1962.

2. After Chapter IV of the Customs Act, 1962 (hereinafter referred o as the principal Act), the following Chapters shall inserted, tamely: —

Insertion of new Chapters 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,—

tions.

(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;

( 69)

(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 notifica- tion issued under section 11B.

Power of Central Govern- ment to notify 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, circulation 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.

Persona possessing notified goods to Intimate the place of ttorage, etc.

11C. (2) 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 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 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 unless they are accompanied by a transport voucher (in such form and contain-

ing such particulars as may be specified by rules made in this behalf) prepared by the persons 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—

(i) unless such goods are accompanied by,—

Precau- tions to be taken by persons acquiring notified goods, (a) the voucher referred to in section 11F or the memo- randum 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 maintain accounts.

HE. (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. 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.

Sale, etc., of notified goods to be evidenced by vou- chers.

11G. (1) Nothing in sections 11C, HE 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

(b) kept in the residential premises of a person for his

Sections HC, HE and 11F not to ap- ply to goods in personal use.

personal use.

(2) If any person, who is in possession of any notified goods referred to in sub-section (I), 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 arid no such goods shall be taken from one place to another unless they are accompanied by the said memorandum,

CHAPTER IVB

PREVENTION OR DETENTION OF ILLEGAL EXPORT OF GOODS

11H. In this Chapter, unless the context otherwise requires,—

Defini- tions.

(a) "illegal export" means the export of any goods in contra- vention 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 (2), 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 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 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 one hundred 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 11-1 in relation to those goods in any specified area;

(c) "specified goods" means goods of any description speci- fied in the notification issued under section 11-1 in relation to a specified area.

Power of Central Govern- ment to specify Roods.

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 special 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.

11J. (I) Every person, who owns, possesses or controls, on the ; specified date, any specified goods, the market price of which

exceeds fifteen thousand rupees shall, within seven days from that date, deliver to the proper officer an intimation containing the particulars of the place where such goods are kept or stored within

. the specified area.

Persons possessing specified goods to intimate the place of storage, etc.

(2) Every person who acquires (within the specified area)

alter.the specified date, any specified goods,—

(i) the market price of which, or

(") 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 acquisi- tion, deliver to the proper officer an intimation containing the particulars of the place where such goods are proposed to be kept or storeti after such acquisition:

Provided that a person who has delivered an intimation, whether 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 contain- ing 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-sec- tion (1) or sub-section (2) applies, at any place other than the intimated place.

Transport of specifi- ed goods to be covered by vouchers.

UK. (1) No specified goods shall be transported from, into or within any specified area or loaded on any animal or conveyance 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 description, or different classes or descriptions, may be notified 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. (i) Every person who, on or after the specified date, owns, possesses or controls, within a specified area, any specified goods of a market price exceeding iifteen 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 specified 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 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 specified goods to which the provisions of sub-section (1) apply, and who uses any such goode for the manufacture of any other goods, shall main- tain (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 controlled 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 ( i ), 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.

Steps to be taken by per- sons sell- ing or transfer- ring 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 satisfy himself as to the identity of the purchaser or the transferee, as the case may be, and if after an inquiry made by a proper officer, it is found that the purchaser or the transferee, as the case may be, is not either readily traceable or is a fictitious person, it shall be presumed, unless the contrary is proved, that such goods have been illegally exported and the person who had sold or other- wise 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 obtained 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.

'UN. If the Central Government is satisfied that it is necessary in the public interest so to do, it may, by notification in the Official Gazette, exempt generally, either absolutely or subject to such condi- tions 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 106A.

Power to inspect.

"106A. Any proper officer authorised in this behalf by the Collector of Customs may, for the purpose of ascertaining whether or not the requirements of this Act have been complied with, at any reasonable time, enter any place intimated under Chapter WA 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 time being in charge thereof, to produce to him for his inspection the accounts maintained under the said Chapter IVA or Chapter IVB, as the case may be, and to furnish to him such other informa- tion 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.".

4. In section 111 of the principal Act, after clause (o), the following

clause shall, be inserted, namely: —

Amend- ment of section 111.

"(p) any notified goods in relation to which any provisions of

Chapter TV A 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 (7c), the following clause shall be inserted, namely: —

Amend- ment of section 113.

"(I) 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 figures

and letters, "HB, 11H, 11-1, UK, UN" shall be inserted.

Amend- ment of section 159.

7. (1) The Customs (Amendment) Ordinance, 1969, is hereby repeal- 1 of 1909.

ed.

Repeal and saving.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of the principal Act as amended by this Act.

V. N. BHATIA,

Secy, to the Govt. o-f India.

PRINTED tN INDIA BY THE GENERAL MANAGET1, (1OVEHNMT5NT OF TrTOIA PRESS. MINTO ROAD, NEW DELHI AJfD PUBLISHED BY THE MANA(JEfl of PUBLICATION*.

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