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Preliminary PREAMBLE

An Act to prohibit or control imports and exports. Whereas it is expedient to prohibit, restrict or otherwise control imports and exports. It is hereby enacted as follows:-

S.1 Short title, extent, commencement and duration

(1) This Act may be called the Imports and Exports (Control) Act, 1947.

(2) It extends to the whole of India.

It shall come into force on the 25th day of March, 1947.

S.2 Definitions

In this Act, unless the context otherwise requires.--

(a) "Adjudicating Authority" means the authority specified in, or under, section 4K;

(b) "Appellate Authority" means the authority referred to in section 4M;

(c) "Chief Controller" means the Chief Controller of Imports and Exports;

(d) "Control Order" means a control order made or deem

S.3 Powers to prohibit or restrict imports and exports

(1) The Central Government may, by order published in the Official Gazette, make provisions for prohibiting, restricting or otherwise controlling in all cases or in specified classes of cases and subject to such exceptions, if any, as may be made by or under the order-

(a) The import, export carriage coastwise or shipment as ships stores of goods of any specified description;

(b) The bringing into any port or place in India of goods of any

S.4 Continuation of existing orders

All orders made under rule 84 of the Defence of India Rules, or that rule as continued in force by the Emergency Provisions (Continuance) Ordinance, 1946 (Continuance of Existing Orders, XX of 1946), and in force immediately before the commencement of this Act shall so far as they are not inconsistent with the provisions of this Act, continue in force and be deemed to have been made under this Act.

S.4(a) Fee for applications for and issue or renewal Offences

The Central Government may, by order levy, subject to such exceptions, if any, in respect of any person or class of persons as may be specified in the order, any fee in respect of any application or in respect of any licence granted or renewed under any order made or deemed to have been made under this Act.

S.4(b) Power to enter and inspect

Any person authorised in writing in this behalf by the Chief Controller or any officer serving under him, not being an officer below the rank of a Deputy Chief Controller (hereinafter in this Act called the "authorized person"), may enter, at any reasonable time 'any premises in which—

(i) Any imported goods or materials which are liable to confiscation under this Act, or

(ii) Any books of account or other documents or things which, in his

S.4(c) Power to search

If the authorised person has any reason to believe that—

(i) Any imported goods or materials liable to confiscation under this Act, or

(ii) Any books of account or other documents or things which, in his opinion, will be useful for, or relevant to any processing under this Act.

Are secreted in any place, he may enter into and search such place or premises for such imported

S.4(d) Power to seize imported goods or materials

(1) if the authorised person has any reason to believe that any imported goods or materials are liable, to confiscation under this Act. he may seize such goods or materials together with the package, covering or receptacle, if any, in which such goods or materials are found to have been mixed with any other goods or materials, he may seize such goods or materials together with the goods or materials with which they are so mixed :

Provided that where it is not practicable to seize any such g

S.4(e) Power to stop and seize conveyances

Any authorised person may, if he has any reason to suspect that any conveyance or animal is being or is about to be used for the transportation of any imported goods or materials which are liable to confiscation under this Act and that by such transportation any provision of this Act has been, is being or is about to be contravened at any time stop such conveyance or animal or in the case of an aircraft, compel it to land, and

(a) Rummage and search the conveyance or any part thereof,

S.4(f) Search and seizure to be made in accordance with the Code of Criminal Procedure, 1973

The provisions of the Code of Criminal Procedure, 1973, relating to searches and seizures shall so far as may apply to every search or seizure made under this Act.

S.4(g) Confiscation

Any imported goods or materials in respect of which--

1.Any condition of the licence or letter of authority, under which they are imported, relating to the utilization or distribution of such goods or materials, or

(b) Any condition relating to the utilization or distribution of such goods or materials subject to which they were received from, or through, a recognised agency, or

(c) Any d

S.4(h) Confiscation of conveyance

Any conveyance or animal which has been, is being or is attempted to be used for the transport of any imported goods, or materials which are liable to confiscation under this Act, shall be liable to confiscation unless the owner of the conveyance or animal proves that it was, is being, or is about to be so used without the knowledge or connivance of the owner himself, his agent, if any, and the person in-charge of the conveyance or animal and that each of them have taken all reasonable precautions against such use:

S.4(i) Liability to penalty

(1) Any person who,--

(a) In relation to any goods or materials which have been imported under any licence or letter of authority, uses or utilizes such goods or materials otherwise than in accordance with the conditions of such licence or letter of authority; or

(b) being a person to whom any imported goods or materials have been delivered by recognized agency, uses or utilizes such goods or materials or causes them to be used or utilized

S.4(j) Confiscation or penalty not to interfere with other punishments

No confiscation made or penalty imposed under (his Act shall prevent the infliction of any other punishment to which the person affected thereby is liable under the provisions of this Act or under any other law for the time being in fore.

S.4(k) Adjudication

Any confiscation may be adjudged or penalty may be imposed under this Act.--

(a) By the Chief Controller, or where he so directs, by a general or special order, by the Additional Chief Controller.

(b) Subject to such limits as may be specified in this behalf, by such other officer not below the rank of a Deputy Chief Controller, as the Central Government may, by notification in the Official Gazette authorise in this behalf.

S.4(l) Giving of opportunity to the owner of goods, etc

No order of adjudication of confiscation or imposing a penalty shall be made unless the owner of the goods, materials, conveyance or animal, or other person concerned, is given a notice in writing--

(i) Informing him of the grounds on which it is proposed to confiscate such goods, materials, conveyance or animal or to impose a penalty.

(ii) Giving him a reasonable opportunity of making a representation in writing within suc

S.4(m) Appeal

(1) Any person aggrieved by any decision or order made under this Act may prefer an appeal :-

(a) Where the decision or order has been made by the Chief Controller or Additional Chief Controller to the Central Government;

(b) Where the decision or order has been made by any officer below the rank of the Additional Chief Controller, to the Chief Controller or where he so directs, to the Additional Chief Controller. within a period of forty-

S.4(N) Powers of revision of the Chief Controller

The Chief Controller may in his own motion or otherwise call for and examine the records Of any proceedings in which an order or adjudication or confiscation or imposing any penalty has been made by any officer subordinate to him and against which no appeal has been preferred, for the purpose of satisfying himself as to the correctness, legality of propriety of such order or decision and pass such orders thereon as he may think fit :

Provided that no decision or order shall be varied under

S.4(o) Power of adjudicating and other authorities

(1) Every authority making any adjudication or hearing any appeal or exercising any powers of revision under this Act shall have all the powers of civil court, under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely :-

(a) Summoning and enforcing the attendance of witnesses;

(b) Requiring the discovery and production of any document;

(c) R

S.4(p) Continuance of proceedings in the event of death or insolvency

(1) Where a penalty has been imposed by the adjudicating authority and :-

(a) No appeal against the order imposing such penalty has been preferred to the Appellate Authority and the person entitled to file such appeal dies or is adjudicated an insolvent before the expiry of the period within which the appeal can be preferred, or

(b) An appeal has been preferred to the Appellate Authority against the order imposing such penalty but the appe

S.5 Penalty

If any person contravenes or attempts to contravene or abets a contravention of, any order made or deemed to have made under this Act or any condition of a licence granted under any such order, or any authority under which imported goods were received from or through a recognized agency, he shall without prejudice in any confiscation or penalty to which he may be liable under the provisions of the Customs Act, 1962 (52 of 1962) be punishable :-

(a) Where the value of the goods, in relation t

S.5(a) penalty for contravention of order made by Adjudicating Authority and Appellate Authority

If any person fails to pay the penalty imposed by the adjudicating or the Appellate authority or fails to comply with any direction or order made, or deemed to have been made, under this Act, he shall, upon conviction by a court, be punishable with imprisonment for a term which may extend to two years or with fine or with both.

S.5(b) Correction of clerical or arithmetical mistakes

Clerical or arithmetical mistakes in any decision or order or errors arising therein from any accidental slip or omission may, at any time, be corrected by the authority by which the decision or order was made either on its own motion or on the application of the aggrieved person :

Provided that where any correction proposed to be made under this section will have the effect of prejudicially affecting any person, no such correction shall be made except after giving to that person a reasonable oppor

S.6 Cognizance of offences

No Court shall lake cognizance of any offence punishable under section 5 except upon complaint in writing made by an officer authorised in this behalf by the Central Government by general or special order, and no Court inferior to that of a Presidency Magistrate or a Magistrate of the First Class shall try any such offence.

S.7 SECTION SEVEN

No order made or deemed to have made under this Act shall be called in question in any Court, and no suit, prosecution or other legal proceedings shall lie against any person for anything on good faith done or intended to be done under this Act or any order made or deemed to have been made there under.

S.8 Power to make rules

(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely

(a) The person by whom, and the manner in which, any document received from a place outside India shall be authenticated.

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IMPORTS AND EXPORTS (CONTROL)