Custom, Bombay Act 1852, 1 of 1852, (Rep., Act 13 of 1871)

Section XIII. In 'case any goods, ship, vessel, boat, cart, vehicle or other article shall be seized as forfeited,

Repealed or not in force · As amended up to 2026-08

XIII. In 'case any goods, ship, vessel, boat, cart, vehicle or other article shall be seized as forfeited, or detained as under-valued under this Act, the adjudicating officer may order the same to be restored in such manner and on such terms and conditions as he thinks fit to direct; and if the proprietor of the same accepts such terms and conditions, he shall not have or maintain any action for recompense or damage on account of such seizure or detention, and the adjudicating officer shall not proceed to condemnat,ion. XIV. Any [ ACT No. r. OF 1852. XIV.[Any Collector of ][ ust toms ][or other oacer, who is authorized ] to adjudicate custom~ cases, if he shall decide that a seizure of goods made under the authority of thia Act was vexatious and unnecessary, may adjudge damages to be paid to the proprietor by the customs officer who made such a vexntionn seizure, beside ordering- the immediate release of `(he` goods; and if thc proprietor accepts such damages no a.c.tion shall thereafter lie against the officer of customs, in any court of justice, on account of such seizure ; and if such adjudicating officer shall decide thl the seizure was warranted, but shall deem that the penalty of confiscation is unduly severe, he may mitigate the same by levying on the goods s? seized as aforesaid, any portion of the market value of such goods not less than one-tenth of such value ; and if the said officer adjudges confiscation, or any penalty in mitigation of confiscation, he may order that from the sale of the goods, or from the proceeds of any penalty inflicted in mitigation of confiscation, a proportion not exceeding, in all cases of seizure except seizures of salt or tobacco, one-half of the sum remaining after payment of all Government denlands shall be distributed in rcwards amongst such officers as he deems cntitled thereto, and in such propor: tion as he directs to each respectively but in awarding rewards for the seizure of confiscated salt or tobacco, he may award one-half of the proceeds of sale, without making any deduction on account of Government demands. XV. All penalties under this Act, except those specified in any judicial award of the Co1loct:tor oio other adjudicating officer, as provided for in Section XI11. of this Act, shall be adjudgcd and determined by the Ofticiatiiig Magisfmte of the place where the offence shall have been committed ; and any Collector being a Justice of the Peace, or Deputy or Assistant Collector authorized in such beld'by his superior and being a Justice of Peace, may take informations and depositions on oath or selein affirmation or declaration touching any matters involving a breach of any rized roods may who %se of shall :e, on e that cation ods so ot less nfisca~;t from cted in lases of iaining ewards proporfor the he pro:rnment . in any ~ovided nined by me been 1eput-y or 1 being a )r selemn breach of any I ACT No. I. O F `1852.` any of the pi*ovisions of this Act, and if taken in the preseuce of the party or parties charged with such breach, the same sl~all be received in evidence by such magistrate in the like manner and to the same extent as if taken before him, and shall be deemed sufficient for him to adjudicate thereon: but nothing herein contained shalt prevent such magistrate from taking any information or deposition afresh; or from taking other and further depositions in the matter, if he thin& fit. XVI. If any person in charge of, or owning a vessel shall. have. become liable to any fine on account of any act or omission relating to the Customs, the Collector of Cttstoms, subject to the orders of the Governor of Bombay in Council, may refuse port clearance to such vessel until the fine is discharged; and iii ;like manner if any person passing goods, through the custom house, shall have become liable to any fine, the Col-: lector of Customs may detain1 sualigmds *until thezfirie is discharged. , : % . > `1` , I * , 5 . ;:: " \, , XVII. No person shall act as an agent f ~ r ti.ansa.eting business ifi* the custom house in the port of Bombay which shall relate to the en-. trance or clearance of any ship, goods, or baggage, unless autliorize(i sa to do by licence of the Collector. of Customs, who may~equire a bond b@ given by every person to whom such licence shall be granted, with sufficient securities, in any sum not exceeding five thousand rupees .for the faithful and incorrupt behaviour of such person as regards the custom house regulations and its officers; and every person who shall act as such agent not being so licensed shall, for every such offence, be li~ble $0 a. fine not exceeding the sum of five hundred rupees: Provided alwaysj: that nothing herein contained shall extend to forbid the clerk or servmt, or known accredited agent of any person, or of any mercantile firm, from transacting business at tlie custom house on account of such -person or firm without licence. - -

Source: India Code