Customs (Publication of names) Rules, 1975
[M.F. (D.R. & I.) Notification No.
3-Cus., dated 19th January, 1976 as amended by section (50) of
Finance Act, 1995 (22 of 1995) ]
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.
2. Definitions. - 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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