I PRELIMINARY  

 

1. Short title extent and commencement  

 

1. (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 may by notification in the Official Gazette appoint.

 

2. Definitions  

 

2. In this Act unless the context otherwise requires -

 

(1) "adjudicating authority" means any authority competent to pass any order or decision under this Act but does not include the Board Commissioner (Appeals) 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 reassessment and any order of assessment in which the duty assessed is nil;

 

(3) "baggage" includes unaccompanied 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 entry referred to in section 50;

 

(6) "Board" means the 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;

 

(7A) "Commissioner (Appeals)" means a person appointed to be a Commissioner of Customs (Appeals) under sub-section (1) of section 4;

 

(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;

 

(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 appointed under clause (a) of section 7 to be a customs port and includes a place appointed under clause (aa) of that section to be an inland container depot;

 

(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 exported 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;

 

(iii) any vessel or aircraft proceeding to a place outside India for any purpose whatsoever;

 

(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 aircraft and vehicles;

 

(b) stores;

 

(c) baggage;

 

(d) currency and negotiable instruments; and

 

(e) any other kind of movable 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) "Indian customs waters" means the waters extending into the sea up to the limit of contiguous zone of India under section 5 of the Territorial Waters Continental Shelf Exclusive Economic Zone and other Maritime Zones Act 1976 (80 of 1976) and includes any bay gulf harbour creek or tidal river;

 

(29) "land customs station" means any place appointed under clause (a) 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 mater of the vessel;

 

(b) in relation to an aircraft the commander of 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;

 

(d) in relation to any other conveyance the driver or other person-in-charge of the conveyances;

 

(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 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" means 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 private warehouse licensed under section 58;

 

(44) "warehoused goods" means goods deposited in a warehouse;

 

(45) "warehousing station" means a place declared as a warehousing station under section 9.

 

II OFFICERS OF CUSTOMS  

 

3. Classes of officers of customs  

 

3.  There shall be the following classes of officers of customs namely :

 

(a) Chief Commissioners of Customs;

 

(b) Commissioners 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.

 

4. Appointment of officers of customs  

 

4. (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 a Deputy or Assistant Commissioner of Customs to appoint officers of customs below the rank of Assistant Commissioner of Customs.

 

5. Powers of officers of customs  

 

5. (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 the duties conferred or imposed under this Act on any other officer of customs who is subordinate to him.

 

(3) Not withstanding anything contained in this section a Commissioner (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 certain other officers  

 

6. The Central Government may by notification in the 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.

 

III APPOINTMENT OF CUSTOMS PORTS AIRPORTS WAREHOUSING STATIONS ETC.  

 

7. Appointment of customs ports airports etc.  

 

7.  The Central Government may by notification in the Official Gazette appoint

 

(a) the ports and airports which alone shall be customs ports or customs airports for the unloading of imported goods and the loading of export goods or any class of such goods;

 

(aa) the places which alone shall be inland container depots for the unloading of imported goods and the loading of export goods or any class of such goods;

 

(b) the places which alone shall be land customs stations for the clearance of goods imported or to be exported by land or inland water or any class of such goods.

 

(c) the routes by which alone goods or any class of goods specified in the notification may pass by land or inland waters into or out of India or to or from any land customs station from or to any land frontier;

 

(d) the ports which alone shall be coastal ports for the carrying on of trade in coastal goods or any class of such goods with all or any specified ports in India.

 

8. Power to approve landing places and specify limits of customs area  

 

8. The Commissioner of Customs may -

 

(a) approve proper places in any customs port or customs airport or coastal port for the unloading and loading of goods or for any class of goods;

 

(b) specify the limits of any customs area.

 

9. Power to declare places to be warehousing stations  

 

9. The Board may by notification in the Official Gazette declare places to be warehousing stations at which alone public warehouses may be appointed and private warehouses may be licensed.

 

10. Appointment of boarding stations  

 

10. The Commissioner of Customs may by notification in the Official Gazette appoint in or near any customs port a boarding station for the purpose of boarding of or disembarkation from vessels by officers of customs.

 

IV PROHIBITIONS ON IMPORTATION AND EXPORTATION OF GOODS  

 

11. Power to prohibit importation or exportation of goods  

 

11. (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 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 or 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 trademarks 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;

 

(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.

 

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