Act 52 of 1962

The Customs Act, 1962

An Act to consolidate and amend the law relating to Customs.

  • Ministry of Finance
  • Department of Revenue
  • Enacted 1962-12-13
  • 286 sections
SectionTitle
1 Short title, extent and commencement. Read
2 Definitions. Read
3 Classes of officers of customs. Read
4 Appointment of officers of customs. Read
5 Powers of officers of customs. Read
6 Entrustment of functions of Board and customs officers on certain other officers. Read
7 Appointment of customs ports, airports, etc.Read
8 Power to approve landing places and specify limits of customs area.Read
9 [Omitted.].Read
10 Appointment of boarding stations.Read
11 Power to prohibit importation or exportation of goods. Read
11A Definitions. Read
11B Power of Central Government to notify goods. Read
11C Persons possessing notified goods to intimate the place of storage, etc. Read
11D Precautions to be taken by persons acquiring notified goods. Read
11E Persons possessing notified goods to maintain accounts. Read
11F Sale, etc., of notified goods to be evidenced by vouchers. Read
11G Sections 11C, 11E and 11F not to apply to goods in personal use. Read
11H Definitions.Read
11I Power of Central Government to specify goods.Read
11J Persons possessing specified goods to intimate the place of storage, etc.Read
11K Transport of specified goods to be covered by vouchers.Read
11L Persons possessing specified goods to maintain accounts.Read
11M Steps to be taken by persons selling or transferring any specified goods. Read
11N Power to exempt. Read
12 Dutiable goods. Read
13 Duty on pilfered goods. Read
14 Valuation of goods. Read
15 Date for determination of rate of duty and tariff valuation of imported goods. Read
16 Date for determination of rate of duty and tariff valuation of export goods. Read
17 Assessment of duty. Read
18 Provisional assessment of duty. Read
19 Determination of duty where goods consist of articles liable to different rates of duty. Read
20 Re-importation of goods. Read
21 Goods derelict, wreck, etc. Read
22 Abatement of duty on damaged or deteriorated goods. Read
23 Remission of duty on lost, destroyed or abandoned goods. Read
24 Power to make rules for denaturing or mutilation of goods. Read
25 Power to grant exemption from duty. Read
25A Inward processing of goods. Read
25B Outward processing of goods. Read
26 Refund of export duty in certain cases. Read
26A Refund of import duty in certain cases. Read
27 Claim for refund of duty. Read
27A Interest on delayed refunds. Read
28 Recovery of duties not levied or not paid or short-levied or short-paid or erroneously refunded. Read
28A Power not to recover duties not levied or short-levied as a result of general practice. Read
28AA Interest on delayed payment of duty. Read
28AAA Recovery of duties in certain cases. Read
28B Duties collected from the buyer to be deposited with the Central Government. Read
28BA Provisional attachment to protect revenue in certain cases. Read
28BB 28BB. Time limit for completion of certain actions.Read
28C Price of goods to indicate the amount of duty paid thereon. Read
28D Presumption that incidence of duty has been passed on to the buyer. Read
28E Definitions.Read
28EA Customs Authority for Advance Rulings.Read
28F Authority for advance rulings.Read
28G [Omitted.].Read
28H Application for advance ruling.Read
28I Procedure on receipt of application.Read
28J Applicability of advance ruling.Read
28K Advance ruling to be void in certain circumstances. Read
28KA Appeal.Read
28L Powers of Authority.Read
28M Procedure for Authority.Read
29 Arrival of vessels and aircrafts in India. Read
30 Delivery of arrival manifest or import manifest or import report. Read
30A Passenger and crew arrival manifest and passenger name record information. Read
31 Imported goods not to be unloaded from vessel until entry inwards granted. Read
32 Imported goods not to be unloaded unless mentioned in arrival manifest or import manifest or import report. Read
33 Unloading and loading of goods at approved places only. Read
34 Goods not to be unloaded or loaded except under supervision of customs officer. Read
35 Restrictions on goods being water-borne. Read
36 Restrictions on unloading and loading of goods on holidays, etc. Read
37 Power to board conveyances. Read
38 Power to require production of documents and ask questions. Read
39 Export goods not to be loaded on vessel until entry-outwards granted. Read
40 Export goods not to be loaded unless duly passed by proper officer. Read
41 Delivery of departure manifest or export manifest or export report. Read
41A Passenger and crew departure manifest and passenger name record information. Read
42 No conveyance to leave without written order. Read
43 Exemption of certain classes of conveyances from certain provisions of this Chapter. Read
44 Chapter not to apply to baggage and postal articles. Read
45 Restrictions on custody and removal of imported goods. Read
46 Entry of goods on importation. Read
47 Clearance of goods for home consumption. Read
48 Procedure in case of goods not cleared, warehoused, or transhipped within thirty days after unloading. Read
49 Storage of imported goods in warehouse pending clearance. Read
50 Entry of goods for exportation. Read
51 Clearance of goods for exportation. Read
51A Payment of duty, interest, penalty, etc. Read
52 Chapter not to apply to baggage, postal articles and stores. Read
53 Transit of certain goods without payment of duty. Read
54 Transhipment of certain goods without payment of duty. Read
55 Liability of duty on goods transited under section 53 or transhipped under section 54. Read
56 Transport of certain classes of goods subject to prescribed conditions. Read
57 Licensing of public warehouses.Read
58 Licensing of private warehouses.Read
58A Licensing of special warehouses.Read
58B Cancellation of licence.Read
59 Warehousing bond.Read
59A [Omitted.].Read
60 Permission for removal of goods for deposit in warehouse.Read
61 Period for which goods may remain warehoused.Read
62 [Omitted.].Read
63 [Omitted.].Read
64 Owner’s right to deal with warehoused goods.Read
65 Manufacture and other operations in relation to goods in a warehouse.Read
66 Power to exempt imported materials used in the manufacture of goods in warehouse. Read
67 Removal of goods from one warehouse to another.Read
68 Clearance of warehoused goods for home consumption.Read
69 Clearance of warehoused goods for export.Read
70 Allowance in case of volatile goods.Read
71 Goods not to be taken out of warehouse except as provided by this Act.Read
72 Goods improperly removed from warehouse, etc. Read
73 Cancellation and return of warehousing bond. Read
73A Custody and removal of warehoused goods. Read
74 Drawback allowable on re-export of duty-paid goods. Read
75 Drawback on imported materials used in the manufacture of goods which are exported. Read
75A Interest on drawback. Read
76 Prohibition and regulation of drawback in certain cases.Read
76A Omitted..Read
76B Omitted..Read
76C Omitted..Read
76D Omitted..Read
76E Omitted..Read
76F Omitted..Read
76G Omitted..Read
76H Omitted..Read
76I Omitted..Read
76J Omitted..Read
76K Omitted..Read
76L Omitted..Read
76M Omitted..Read
76N Omitted..Read
77 Declaration by owner of baggage.Read
78 Determination of rate of duty and tariff valuation in respect of beggage.Read
79 Bona fide baggage exempted from duty.Read
79 Bona fide baggage exempted from duty.Read
80 Temporary detention of baggage.Read
81 Regulations in respect of baggage.Read
82 Omitted..Read
83 Rate of duty and tariff valuation in respect of goods imported or exported by post or courier.Read
84 Regulations regarding goods imported or to be exported by post or courier.Read
85 Stores may be allowed to be warehoused without assessment to dutyRead
86 Transit and transhipment of stores.Read
87 Imported stores may be consumed on board a foreign-going vessel or aircraft.Read
88 Application of section 69 and Chapter X to stores.Read
89 Stores to be free of export dutyRead
90 Concessions in respect of imported stores for the NavyRead
91 Chapter not to apply to baggage and stores.Read
92 Entry of coastal goods.Read
93 Coastal goods not to be loaded until bill relating thereto is passed, etc.Read
94 Clearance of coastal goods at destination.Read
95 Master of a coasting vessel to carry an advice book.Read
96 Loading and unloading of coastal goods at customs port or coastal port only.Read
97 No coasting vessel to leave without written order.Read
98 Application of certain provisions of this Act to coastal goods, etc.Read
98A Power to relax.Read
99 Power to make rules in respect of coastal goods and coasting vessels.Read
99A Audit.Read
99B Verification of identity and compliance thereofRead
100 Power to search suspected persons entering or leaving India, etc.Read
101 Power to search suspected persons in certain other cases.Read
102 Persons to be searched may require to be taken before gazetted officer of customs or magistrate.Read
103 Power to screen or X-ray bodies of suspected persons for detecting secreted goods.Read
104 Power to arrest.Read
105 Power to search premises.Read
106 Power to stop and search conveyances.Read
106A Power to inspect.Read
107 Power to examine persons.Read
108 Power to summon persons to give evidence and produce documents.Read
108A Obligation to furnish informationRead
108B Penalty for failure to furnish information return.Read
109 Power to require production of order permitting clearance of goods imported by land.Read
109A Power to undertake controlled delivery.Read
110 Seizure of goods, documents and things.Read
110A Provisional release of goods, documents and things seized pending adjudication.Read
110AA Action subsequent to inquiry, investigation or audit or any other specified purposeRead
111 Confiscation of improperly imported goods, etc.Read
112 Penalty for improper importation of goods, etc.Read
113 Confiscation of goods attempted to be improperly exported, etc.Read
114 Penalty for attempt to export goods improperly, etc.Read
114A Penalty for short-levy or non-levy of duty in certain cases.Read
114AA Penalty for use of false and incorrect material.Read
114AB Penalty for obtaining instrument by fraud, etc.Read
114AC Penalty for fraudulent utilisation of input tax credit for claiming refund.Read
115 Confiscation of conveyances.Read
116 Penalty for not accounting for goods.Read
117 Penalties for contravention, etc., not expressly mentioned.Read
118 Confiscation of packages and their contents.Read
119 Confiscation of goods used for concealing smuggled goodsRead
120 Confiscation of smuggled goods notwithstanding any change in form, etc.Read
121 Confiscation of sale-proceeds of smuggled goods.Read
122 Adjudication of confiscations and penalties.Read
122A Adjudication Procedure.Read
123 Burden of proof in certain cases.Read
124 Issue of show cause notice before confiscation of goods, etc.Read
125 Option to pay fine in lieu of confiscation.Read
126 On confiscation, property to vest in Central Government.Read
127 Award of confiscation or penalty by customs officers not to interfere with other punishments.Read
127A Definitions.Read
127B Application for settlement of cases.Read
127C Procedure on receipt of an application under section 127BRead
127D Power of Settlement Commission to order provisional attachment to protect revenueRead
127E Omitted..Read
127F Power and procedure of Settlement Commission.Read
127G Inspection, etc., of reports.Read
127H Power of Settlement Commission to grant immunity from prosecution and penaltyRead
127I Power of Settlement Commission to send a case back to the proper officer.Read
127J Order of Settlement to be conclusive.Read
127K Recovery of sums due under order of settlement.Read
127L Bar on subsequent application for settlement in certain cases.Read
127M Proceedings before Settlement Commission to be judicial proceedings.Read
127MA Omitted..Read
127N Applications of certain provisions of Central Excise Act.Read
128 Appeals to Commissioner (Appeals).Read
128A Procedure in appeal.Read
129 Appellate Tribunal.Read
129A Appeals to the Appellate Tribunal.Read
129B Orders of Appellate Tribunal.Read
129C Procedure of Appellate Tribunal.Read
129D Powers of Committee of Principal Chief Commissioner of Customs or Chief Commissioner of Customs or Principal Commissioner of Customs or Commissioner of Customs to pass certain orders.Read
129DA Powers of revision of Board or Collector of Customs in certain cases.Read
129DD Revision by Central Government.Read
129E Deposit of certain percentage of duty demanded or penalty imposed before filing appeal.Read
129EE Interest on delayed refund of amount deposited under section 129E.Read
130 Appeal to High Court.Read
130A Application to High Court.Read
130B Power of High Court or Supreme Court to require statement to be amended.Read
130C Case before High Court to be heard by not less than two judges.Read
130D Decision of High Court or Supreme Court on the case stated.Read
130E Appeal to Supreme Court.Read
130F Hearing before Supreme Court.Read
131 Sums due to be paid notwithstanding reference, etc.Read
131A Exclusion of time taken for copy.Read
131B Transfer of certain pending proceedings and transitional provisions.Read
131BA Appeal not to be filed in certain cases.Read
131C Definitions.Read
132 False declaration, false documents, etc.Read
133 Obstruction of officer of customs.Read
134 Refusal to be X-rayed.Read
135 Evasion of duty or prohibitions.Read
135A Preparation.Read
135AA Protection of dataRead
135B Power of court to publish name, place of business, etc., of persons convicted under the Act.Read
136 Offences by officers of customs.Read
137 Cognizance of offences.Read
138 Offences to be tried summarilyRead
138A Presumption of culpable mental stateRead
138B Relevancy of statements under certain circumstances.Read
138C Admissibility of micro films, facsimile copies of documents and computer print outs as documents and as evidence.Read
139 Presumption as to documents in certain cases.Read
140 Offences by companies.Read
140A Application of section 562 of the Code of Criminal Procedure, 1898, and of the Probation of Offenders Act, 1958.Read
141 Conveyances and goods in a customs area subject to control of officers of customs.Read
142 Recovery of sums due to Government.Read
142A Liability under Act to be first charge.Read
143 Power to allow import or export on execution of bonds in certain cases.Read
143A Omitted..Read
143AA Power to simplify or provide different procedure, etc., to facilitate trade.Read
144 Power to take samples.Read
145 Owner, etc., to perform operations incidental to compliance with customs law.Read
146 Licence for Customs brokers.Read
146A Appearance by authorised representative.Read
147 Liability of principal and agent.Read
148 Liability of agent appointed by the person in charge of a conveyance.Read
149 Amendment of documents.Read
150 Procedure for sale of goods and application of sale proceeds.Read
151 Certain officers required to assist officers of customs.Read
151A Instructions to officers of customs.Read
151B Reciprocal arrangement for exchange of information facilitating trade.Read
152 Delegation of powers.Read
153 Modes for service of notice, order, etc.Read
154 Correction of clerical errors, etc.Read
154A Rounding off of duty, etc.Read
154B Publication of information respecting persons in certain cases.Read
154C Common Customs Electronic Portal.Read
155 Protection of action taken under the Act.Read
156 General power to make rules.Read
157 General power to make regulations.Read
158 Provisions with respect to rules and regulations.Read
159 Rules, certain notifications and orders to be laid before Parliament.Read
159A Effect of amendments, etc., of rules, regulations, notifications or orders.Read
160 Repeal and savings.Read
161 Removal of difficulties.Read
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