Chapter VI
PROVISIONS RELATING TO CONVEYANCES CARRYING IMPORTED OR EXPORTED GOODS
29. Arrival of vessels and aircrafts in India.
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 [i][, unless permitted by the Board].
(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, of 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.
30. Delivery of arrival manifest or import manifest or import report.
30. Delivery of [ii][arrival manifest or import manifest] or import report.—[iii](1) The person-in-charge of—
(i) a vessel; or
(ii) an aircraft; or
(iii) a vehicle,
carrying imported goods [iv][or export 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 [v][an [vi][arrival manifest or import manifest] by presenting electronically 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 [vii][such form and manner as may be prescribed] and if the [viii][arrival manifest or 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:]
[ix][Provided that the Commissioner of Customs may, in cases where it is not feasible to deliver [x][arrival manifest or import manifest] by presenting electronically, allow the same to be delivered in any other manner.]
(2) The person delivering the [xi][arrival manifest or 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 [xii][arrival manifest or 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.
30-A. Passenger and crew arrival manifest and passenger name record information.
[xiii][30-A. Passenger and crew arrival manifest and passenger name record information.—(1) The person in-charge of a conveyance that enters India from any place outside India or any other person as may be specified by the Central Government by notification in the Official Gazette, shall deliver to the proper officer—
(i) the passenger and crew arrival manifest before arrival in the case of an aircraft or a vessel and upon arrival in the case of a vehicle; and
(ii) the passenger name record information of arriving passengers,
in such form, containing such particulars, in such manner and within such time, as may be prescribed.
(2) Where the passenger and crew arrival manifest or the passenger name record information or any part thereof is not delivered to the proper officer within the prescribed time and if the proper officer is satisfied that there was no sufficient cause for such delay, the person-in-charge or the other person referred to in sub-section (1) shall be liable to such penalty, not exceeding fifty thousand rupees, as may be prescribed.]
31. Imported goods not to be unloaded from vessel until entry inwards granted.
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 [xiv][arrival manifest or 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.
32. Imported goods not to be unloaded unless mentioned in an arrival manifest or import manifest or import report.
32. Imported goods not to be unloaded unless mentioned in an [xv][arrival manifest or import manifest] or import report.—No imported goods required to be mentioned under the regulations in an [xvi][arrival manifest or 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.
33. Unloading and loading of goods at approved places only.
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.
34. Goods not to be unloaded or loaded except under supervision of customs officer.
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.
35. Restrictions on goods being water-borne.
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.
36. Restrictions on unloading and loading of goods on holidays, etc.
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.
37. Power to board conveyances.
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.
38. Power to require production of documents and ask questions.
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.
39. Export goods not to be loaded on vessel until entry-outwards granted.
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.
40. Export goods not to be loaded unless duly passed by proper officer.
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.
41. Delivery of departure manifest or export manifest or export report.
41. Delivery of [xvii][departure manifest or export manifest] or export report.—(1) [xviii][The person-in-charge of a conveyance carrying export goods or imported goods or any other person as may be specified by the Central Government, by notification, shall, before departure of the conveyance from a customs station, deliver to the proper officer in the case of a vessel or aircraft, a departure manifest or an export manifest by presenting electronically, and in the case of a vehicle, an export report, in such form and manner as may be prescribed and in case, such person-in-charge or other person fails to deliver the departure manifest or export manifest or the export report or any part thereof within such time, and the proper officer is satisfied that there is no sufficient cause for such delay, such person-in-charge or other person shall be liable to pay penalty not exceeding fifty thousand rupees]:
[xix][Provided that the Commissioner of Customs may, in cases where it is not feasible to deliver the [xx][departure manifest or export manifest] by presenting electronically, allow the same to be delivered in any other manner.]
(2) The person delivering the [xxi][departure manifest or 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 [xxii][departure manifest or 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.
41-A. Passenger and crew departure manifest and passenger name record information.
[xxiii][41-A. Passenger and crew departure manifest and passenger name record information.—(1) The person in-charge of a conveyance that departs from India to a place outside India or any other person as may be specified by the Central Government by notification in the Official Gazette, shall deliver to the proper officer—
(i) the passenger and crew departure manifest; and
(ii) the passenger name record information of departing passengers,
in such form, containing such particulars, in such manner and within such time, as may be prescribed.
(2) Where the passenger and crew departure manifest or the passenger name record information or any part thereof is not delivered to the proper officer within the prescribed time and if the proper officer is satisfied that there was no sufficient cause for such delay, the person-in-charge or the other person referred to in sub-section (1) shall be liable to such penalty, not exceeding fifty thousand rupees, as may be prescribed.]
42. No conveyance to leave without written order.
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 transhipment, 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 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.
43. Exemption of certain classes of conveyances from certain provisions of this Chapter.
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 aircrafts which temporarily enter India by reason of any emergency.
References
[i] Inserted by Act 17 of 2013, S. 69.
[ii] Substituted for “import manifest” by Act 13 of 2018, S. 56, dt. 28-3-2018.
[iii] Substituted by Act 32 of 2003, S. 112.
[iv] Inserted by Act 13 of 2018, S. 73(i) dt. 28-3-2018.
[v] Substituted for “an import manifest prior to the arrival” by Act 17 of 2013, S. 70(a).
[vi] Substituted for “import manifest” by Act 13 of 2018, S. 56, dt. 28-3-2018.
[vii] Substituted for “the prescribed form” by Act 13 of 2018, S. 73(ii) dt. 28-3-2018.
[viii] Substituted for “import manifest” by Act 13 of 2018, S. 56, dt. 28-3-2018.
[ix] Inserted by Act 17 of 2013, S. 70(b).
[x] Substituted for “import manifest” by Act 13 of 2018, S. 56, dt. 28-3-2018.
[xi] Substituted for “import manifest” by Act 13 of 2018, S. 56, dt. 28-3-2018.
[xii] Substituted for “import manifest” by Act 13 of 2018, S. 56, dt. 28-3-2018.
[xiii] Inserted by Act 7 of 2017, S. 98.
[xiv] Substituted for “import manifest” by Act 13 of 2018, S. 56, dt. 28-3-2018.
[xv] Substituted for “import manifest” by Act 13 of 2018, S. 56, dt. 28-3-2018.
[xvi] Substituted for “import manifest” by Act 13 of 2018, S. 56, dt. 28-3-2018.
[xvii] Substituted for “export manifest” by Act 13 of 2018, S. 56, dt. 28-3-2018.
[xviii] Substituted by Act 23 of 2019, S. 70, dt. 1-8-2019.
[xix] Inserted by Act 17 of 2013, S. 71(b).
[xx] Substituted for “export manifest” by Act 13 of 2018, S. 56, dt. 28-3-2018.
[xxi] Substituted for “export manifest” by Act 13 of 2018, S. 56, dt. 28-3-2018.
[xxii] Substituted for “export manifest” by Act 13 of 2018, S. 56, dt. 28-3-2018.
[xxiii] Inserted by Act 7 of 2017, S. 99.
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