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NOTIFIED GOODS (PREVENTION OF ILLEGAL IMPORT) RULES, 1969
Notification No. 10
dated 3rd January 1969 (NT) {As
amended by Notification No.14 dated 11th January 1969 (NT),
Notification No. 77 dated 10th October 1974 (NT), Notification No. 61
dated 3rd April 1976 (NT), Notification No. 140 dated 1st
July 1977 (NT), Notification No. 85 dated 29th April 1978 (NT),
Notification No. 4 dated 7th January 1985 (NT)}
In exercise of the powers conferred by sections 11C,
11D, 11E, 11F and 11G of the Customs Act, 1962 (52 of 1962), the Central
Government hereby makes the following rules, namely:
These rules may be called the Notified Goods
(Prevention of Illegal Import) Rules, 1969.
In these rules, "section" means a section
of the Customs Act, 1962 (52 of 1962).
3. Particulars, etc. of
statements under Section 11C
(1) The statement required to be
delivered under sub-section (1) or sub-section (2) of section 11C shall contain
the following particulars, namely:
(a)
name and full business address of the person required to deliver the
statement;
(b) situation and
description of the premises where the notified goods are kept or stored;
(c)
particulars of the notified goods as specified in rule 9;
(d) the date of acquisition of
the notified goods and the name and full address of the person from whom such
goods were acquired.
(2) The statement referred to in
sub-rule (1) shall be duly signed by the person required to deliver it under
section 11C and shall be delivered in duplicate to the proper officer who shall,
after recording acknowledgement thereof on the original copy, return that copy
and retain the duplicate copy.
4. Particulars, etc. of
transport voucher under section 11C:
(1) The transport voucher
required to be prepared under sub-section (6) of Section 11C shall contain the
following particulars, namely:
(a)
name of the owner of the notified goods;
(b)
name of the notified goods;
(c)
particulars of the notified goods as specified in rule 9;
(d)
location of the premises from where the notified goods are being taken
out;
(e)
location of the premises to which the notified goods are being taken;
(f)
means of transport;
(g)
where a motor vehicle is used for transport for the notified goods the
registration number of the motor vehicle. (When a bus is used as a means of
transport, it is not necessary to include the registration number of the bus);
(h)
route to be followed for transport of the notified goods;
(i)
time and date when transport of the notified goods begins; and
(j)
time and date when the notified goods are likely to reach the
destination.
(2)
(a)
The transport voucher referred to in sub-rule (1) shall be prepared in
duplicate and both the copies shall be signed by the person required to prepare
the same.
(b)
The original copy of the transport voucher shall accompany the notified
goods during the transport of such goods and the duplicate copy thereof shall be
retained by the person who has prepared the same.
(c)
All transport vouchers shall have consecutive serial numbers stamped on
them.
(d) No transport
voucher shall be issued except in the order of the serial number and in respect
of the notified goods.
(e) All transport
vouchers shall be kept in the order of their serial number in the form of a
book.
5. Reasonable steps to be
taken under section 11D:
The reasonable steps to be taken under section 11D
by a person acquiring any notified goods shall be the following, namely:
(1) If the notified goods are to
be acquired from a hawker, the person so acquiring shall satisfy himself that
the hawker has entered the acquisition by him of the notified goods, in the
accounts maintained under sub-section (1) of section 11E and the said accounts
have been certified by a gazetted officer of Customs.
(2) If the notified goods are in
the use of any person, or are kept for the use of any person, in his residential
premises and are to be acquired by any other person, the person so acquiring
shall satisfy himself (except when he acquires any notified goods which are
being used by any person and the market price of which has depreciated on
account of the use to less than two-thirds of their market price if they are
new) that the seller or transferor, as the case may be, has evidence of
clearance of such goods by the Customs authorities on payment of fine in lieu of
confiscation or has permission from a gazetted officer of Customs for the sale
or transfer of such goods.
(1) The accounts required to be
maintained under section 11E of the Customs Act, 1962 (52 of 1962), shall
contain the following particulars in respect of each acquisition or disposal
(whether by sale or otherwise) of notified goods, namely:
(a)
name of the notified goods;
(b)
name and full business address of the person from whom the notified goods
have been acquired or in whose favour the notified goods have been parted with;
(c) serial number of
the voucher or memorandum accompanying the notified goods acquired;
(d)
particulars as specified in rule 9; and
(e)
time and date of acquisition, or parting with, of the notified goods.
(2)
All particulars referred to in sub-rule (1) shall be entered in a
register:
Provided that
particulars in respect of each sale or other disposal of notified goods may be
entered in a book of sale or disposal memos, in duplicate.
(3) The pages of the register and
the book of sale or disposal memos, shall have consecutive serial numbers
stamped thereon and the entries in respect of each transaction shall he made
immediately after the transaction.
(1) The voucher required as
evidence under section 11F shall contain the following particulars, namely:
(a) name and full
business address of the person selling or transferring the notified goods;
(b)
particulars of the notified goods as specified in rule 9;
(c) name and full
address of the person to whom the notified goods are sold or transferred; and
(d)
time and date of sale or transfer.
(2)
(a)
The voucher referred to in sub-rule (1) shall be prepared in duplicate
and both the copies shall be signed by the person required to prepare the same.
(b)
The original copy of the voucher shall accompany the notified goods
during the transport of such goods and the duplicate copy thereof shall be
retained by the person who has prepared the same.
(c)
All vouchers shall have consecutive serial numbers stamped on them.
(d) No voucher shall
be issued except in the order of the serial number and in respect of the
notified goods.
(e)
All vouchers shall be kept in the order of their serial number in the
form of a book.
The memorandum required to be
issued under section 11G shall contain the following particulars, namely:
(a)
particulars of the notified goods as specified in rule 9;
(b)
name and full address of the person to whom the notified goods are sold
or transferred;
(c)
time and date of sale or transfer of the notified goods;
(d)
name, full address and signature of the seller or transferor of the
notified goods; and
(e) where the market price of the
notified goods sold or transferred has not depreciated on account of use to less
than two-thirds of their market price, if they are new, the particulars of the
permission given by a gazetted officer of Customs authorising the sale or
transfer of the notified goods, or the number and date of the order passed by
such officer evidencing clearance of such goods by the Customs on payment of
fine in lieu of confiscation.
(1) The particulars of the
notified goods required to be given under rules 3(l)(c); 4(l)(c); 6(l)(d);
7(l)(b) and 8(a) shall be the following, namely:
(a) the description
of the notified goods with such identifying particulars as are specified in
sub-rule (2);
(b)
quantity of the notified goods; and
(c)
market price of the notified goods on the date of acquisition or sale of
such goods.
(2)
(a) The identifying
particulars referred to in clause (a) of sub-rule (1) shall be the following,
namely:
(i) serial number, if any;
(ii) batch number, if any;
(iii) patent number, if any;
(iv) make, if any;
(v) brand, if any;
(vi) trade mark, if any and (vii)
country of origin, if any.
(b) In addition to the
identifying particulars mentioned in clause (a), the particulars mentioned
against each of the following articles shall also be given in respect of each
such article:
(i) watches: gents' or
ladies'; hand-winding, automatic, quartz or electronic; size; shape; with or
without centre-second; calendar or not; rolled-gold, chrome, stainless steel,
palladium or plastic; luminous dial or not; type of numerals on dial;
combination type or not;
(ii) watch movements: model;
number; calibre; type�hand-winding or automatic; calendar or not;
(iii) watch dials: calibre; size;
(iv) watch cases: calibre; size;
rolled-gold, chrome, stainless steel, palladium, or plastic;
(v) synthetic yam: variety;
denier;
(vi) metallised yam: variety;
colour; length of yam;
(vii) fabrics and sarees: variety of
yarn; type of fabrics; colour;
(viii)knit-wear: variety of yam; gents',
ladies' or children's size; colour; type;
(ix) fountain pens, ball-point pens: model;
colour;
(x) perfumes: quantity of
contents per bottle/vial;
(xi) TV Sets: model; colour or
black and white; with or without remote control; screen size; number of
channels; combination type or not;
(xii) electronic calculators: model;
with or without printer; combination type or not;
(xiii)Video cassette recorders, video cassette
players: model; with or without remote control; combination type or not;
(xiv)Video cassette tapes: model; playing
time;
(xv) Zip fasteners: length; teeth
material; colour.
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