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THE CUSTOMS (PUBLICATION OF NAMES) RULES, 1975
Notification No. 3 dated
19th January 1976 (NT)
In exercise of the powers conferred by clause (g) of
sub-section (2) of section 156 of the Customs Act, 1962 (52 of 1962), the
Central Government hereby makes the following rules, namely: �
1. Short title and
commencement:
(1)
These rules may be called the Customs (Publication of Names) Rules, 1975.
(2)
They shall come into force on the date of their publication in the
Official Gazette.
In these rules, unless the context otherwise
requires, �
(a)
"Act" means the Customs Act, 1962 (52 of 1962);
(b)
"Commissioner of Customs" includes an Additional Commissioner
of Customs;
(c) "Proper Officer",
in relation to any functions to be performed under the Act, means the officer of
Customs who is assigned those functions by the Central Board of Excise and
Customs constituted under the Central Boards of Revenue Act, 1963 (54 of 1963),
or the Commissioner of Customs;
(d)
"Section" means a section of the Act.
3. Publication of names
and other particulars of persons.
(1) Subject to the provisions of
these rules, the Commissioner of Customs shall, once in every three months,
cause to be published in the Official Gazette the names and addresses and other
particulars specified in sub-rule (2) of the following categories of persons,
namely: �
(a)
Persons who have been convicted by a court for contravention of any of
the provisions of the Act or the rules made thereunder;
(b) Persons who have been
adjudged by a proper officer to have contravened any of the provisions of the
Act, or the rules made thereunder, where,
(i) The persons had, on a
previous occasion, been similarly adjudged by the proper officer or convicted by
a court; or
(ii) The penalty imposed by the proper
officer is ten thousand rupees or above.
(2)
The other particulars referred to in sub-rule (1) are,
(a)
The provisions of the Act or the rules made thereunder contravened;
(b)
The particulars regarding the penalty imposed; and
(c) Where the officer
adjudging has directed confiscation under section 111, or section 113, the
particulars regarding such confiscation.
Explanation:
In the case of a firm, company or other association of persons, the names of
partners of the firm, directors, managing agents, secretaries and treasurers, or
the names of the manager of the company or the names of the members of the
association, as the case may be, may also be published if, in the opinion of the
Commissioner of Customs, the circumstances of the case justify such publication.
(3) Notwithstanding anything
contained in sub-rule (1), the Central Government may, if it is satisfied that
it is necessary or expedient in the public interest so to do, direct the
Commissioner of Customs to publish the names, addresses and other particulars,
specified in sub-rule (2), of any other person who has been held guilty of any
contravention of the provisions of the Act or of any rule made thereunder.
(4) Notwithstanding anything
contained in this rule, the Central Government may, if it is satisfied that it
is necessary or expedient in the interest of investigation under the Act,
security of the State, friendly relations with foreign States or otherwise in
the interest of the general public, so to do, direct the Commissioner of Customs
that names of any person or category of persons may not be published.
4. Publications under rule
3 to be made after the specified period:
No publication under rule 3 shall be made in respect
of a person, until the period for preferring an appeal under section 128 has
expired without any appeal having been preferred, or such an appeal having been
preferred has been disposed of.
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