Clearance of Imported goods:
45. Restrictions on custody and removal of imported goods. -
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(1) Save as otherwise provided in any law for the time being in force, all imported goods unloaded in a customs area shall remain in the custody of such person as may be approved by the [1][Principal Commissioner of Customs or Commissioner of Customs] until they are cleared for home consumption or are warehoused or are transhipped in accordance with the provisions of Chapter VIII. |
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(2) The person having custody of any imported goods in a customs area, whether under the provisions of sub-section (1) or under any law for the time being in force, - (a) shall keep a record of such goods and send a copy thereof to the proper officer; (b) shall not permit such goods to be removed from the customs area or otherwise dealt with, except under and in accordance with the permission in writing of the proper officer [2][or in such manner as may be prescribed]. |
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[3][(3) Notwithstanding anything contained in any law for the time being in force, if any imported goods are pilfered after unloading thereof in a customs area while in the custody of a person referred to in sub-section (1), that person shall be liable to pay duty on such goods at the rate prevailing on the date of delivery of an [4][arrival manifest or import manifest] or, as the case may be, an import report to the proper officer under section 30 for the arrival of the conveyance in which the said goods were carried.] |
[1] Substituted (w.e.f. 6-8-2014) by section 78 of the Finance (No.2) Act, 2014 (25 of 2014), for "Commissioner of Customs". Earlier words "Commissioner of Customs" were substituted (w.e.f. 26-5-1995) by section 50 of Act 22 of 1995, for the words "Collector of Customs".
[3] Inserted by section 58 (w.e.f. 26-5-1995) of the Finance Act, 1995 (22 of 1995).