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Recovery of dues/ inspection fees levied under Destructive Insects and
Pests Act, 1914
Circular No. 90
dated 7th November 2000
I am directed to refer to section 3 of the
Destructive Insects and Pests Act, 1914 as amended by the Destructive Insects
and Pests (Amendment and Validation) Act, 1992 wherein it has been provided that
the Central Government may, by notification under this section, also levy and
collect such fees and its arrears at such rates and in such manner as may be
specified therein for making an application for a permit to import, or for
making inspection, fumigation, disinfections or supervision of, any article or
class or class or articles or any insect or class of insects under this section.
Section 4 of the said Act provides that a notification under section 3 shall
operate as if it had been issued under section 19 of the Sea Customs Act, 1878,
and the officers of Customs at every port shall have the same powers in respect
of any article with regard to the importation of which is regulated, restricted
or prohibited by the law relating to Sea Customs, and the law for the time being
in force relating to Sea Customs or any such article shall apply accordingly. In
other words, it may be stated that the notification under section 3 of the said
Act operates as if it had been issued under section 19 of the Sea Customs Act,
1978. The Sea Customs Act, 1878 has been replaced by the Customs Act, 1962.
However, section 160 of the Customs Act, 1962 relating to repeal and savings
provides that any duty and penalty payable under a repealed enactment may be
recovered in the manner provided under the said Customs Act.
2. A request has been
received from the Department of Agriculture and Cooperation, Ministry of
Agriculture asking the Department to collect dues/ inspection fees levied under
the Destructive Insects and Pests Act, 1914 in terms of the provisions of
section 142 of the Customs Act, 1962. The proposal has been examined and has
been accepted.
3. In view of above,
you are requested to kindly take necessary action under section 142 of the
Customs Act, 1962 to recover the dues/ inspection fees levied under the
Destructive Insects and Pests Act, 1914, whenever any request for recovery of
the same is received from the Plant Quarantine Authorities.
4. These instructions
may be brought to the notice of all concerned by way of issuance of suitable
Public Notice/ Standing Orders.
5. Difficulties, if
any, in implementation of these instructions, may be brought to the notice of
the Board, Kindly acknowledge receipt of this Circular.
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