REGISTERED No. D-(D)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No.23|NEWDELHI, MONDAY, JANUARY 19, 1976/PAUSA 19, 1897
Separate paging it giventothis Part in order that it may be filed
as A separate c o m p i l a t i on
MINISTRY OF FINANCE
(Department of Revenue and Insurance)
NOTIFICATION
CUSTOMS
New Delhi, the 19th January 1976
G.S.R. 27(E).—In exercise of the powers conferred by clause (g) of sub-section (2) of section 156 of the Customs Act. 196.2 (52 of 1962), the Central Government hereby makes the following rules, namely:—
1, Short title and commencement—(1) These rules may be called the Customs (Publi- cation of Names) Rules, 1975.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions.—In these rules, unless the context otherwise requires.—
(a) "Act" means the Customs Act, 1962 (52 of 1962); (b) "Collector of Customs" includes an Additional Collector of Customs; (c) "proper officer", in relation to any functions to be performed under the Act, means the officer of customs who is assigned those functions by the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963 (54 of 1963), or the Collector of Customs;
(d) "section" means a section of the Act.
( 77 )
78 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—3. Publication of names and other particulars of persons.—(1) Subject to the provisions of these rules, tho Collector of Customs shall, once in every three months, cause to be published in the Official Gazette the names and (addresses and other particulars specified in sub-rule (2), of the following categories of persons, namely:—
(a) persons who have been convicted by a court for contravention of any of the provisions of the Act or the rules made thereunder;
(b) persons who have been adjudged by a proper officer to have contravened any of the provisions of the Act or the rules made thereunder, where (i) the persons had, on a previous occasion, been similarly adjudged by the proper officer or convicted by a court; or
(ii) the penalty imposed by the proper officer is ten thousand rupees or above.
(2) The other particulars referred to in sub-rule ( J) are—
(a) the provisions of the Act or the rules made thereunder contravened;
(b) the particulars regarding the penalty imposed; and (c) where the officer adjudging has directed confiscation under section HI or section 113, the particulars regarding such confiscation.
Explanatlon.^-In the case of a firm, company or other association of persons, the names of partners of the firm, directors, managing agents secretaries and treasurers, or the name of the manager of the company or the names of the members of the associa- tion as the case may be, may also be published if, in the opinion of tho Collector of Customs, the circumstances of the case justify such publication.
(3) Notwithstanding anything contained in sub-rule (D, the Central Government may, if it is satisfied that it is n e c t a ry or expedient in the- public interest iSoto .dodirect tho Collector of Customs to publish the names, addresses and other paiticulars, specified in nib'rule (2), of any other person who has been held guilty of any contravention of the provisions of the Act or of any rate made thereunder.
tajS-l-S ^xrr£Jsss ysjsjs-srs any person or category of persons may not be published.
afappeal having been preferred, has been d.sposed of.
[No. 3 Cus./F. No. 393/45/75-Cus.TIT]
M. A. RANGASWAMY, Addl. Secy.
SEC. 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY 79 80 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 3(1)]