Lawgist42No 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 1[Assistant Commissioner of Customs or Deputy 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.
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1. Subs. by Act 27 of 1999, s. 100, for "Assistant Commissioner of Customs" (w.e.f. 11-5-1999).
- 29 Arrival of vessels and aircrafts in India
- 30 Delivery of arrival manifest or import manifest or import report
- 30A Passenger and crew arrival manifest and passenger name record information
- 31 Imported goods not to be unloaded from vessel until entry inwards granted
- 32 Imported goods not to be unloaded unless mentioned in arrival manifest or import manifest or import report
- 33 Unloading and loading of goods at approved places only
- 34 Goods not to be unloaded or loaded except under supervision of customs officer
- 35 Restrictions on goods being water-borne
- 36 Restrictions on unloading and loading of goods on holidays, etc
- 37 Power to board conveyances
- 38 Power to require production of documents and ask questions
- 39 Export goods not to be loaded on vessel until entry-outwards granted
- 40 Export goods not to be loaded unless duly passed by proper officer
- 41 Delivery of departure manifest or export manifest or export report
- 41A Passenger and crew departure manifest and passenger name record information
- 42 No conveyance to leave without written order
- 43 Exemption of certain classes of conveyances from certain provisions of this Chapter
