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

Section XLVII

Repealed or not in force · As amended up to 2026-08

XLVII. After entry of the vessel at the custom house in due form as above prescribed, such part of the cargo `as` may not be declared-for re-expoidation J `'3` `1` I I `h` 7 ,< `k` - ACT No, I. OF 1852. re-exportation in the same vessel, shall be landed, and export cargo shall be laden on board according to the forms and mlcs that may be prescribed for the port by this Act, or by order of the Governor of Bombay in Council; and if an attempt be made to land or put on board goods or merchandise in contravention of the forms and rules so prescribed, the goods shall be liable to seizure and confiscation. XLVIII. If goods entered in the manifest of a vessel `shall` not be found on board that vessel, or if the quantiq found be short, and the deficiency be not duly a,cco~lnted for, or if goods sent out of the vosscl be not landcd at the custom house, or `d` such other placc m the Collector of Customs s h d have prescribed, the master shall be liable to a penalty not exceeding five hundred rupees for every missing or deficient package of unknown value, and to a penalty equal to twice t2ie 8moGM af duty ohdrgeable on the goods deficient and unaccounted for, if 6he duty can be ascerk tained, and Sthey be not subject to duty; .then t o a ponalty'equal to 'five, per cent, on the value of such deficient goods; providid- always, that nothing herein contained shall be construed to prevent the Collector of Customs from permitting, at his discretion, the master of any vessel to amend obvious and unintentional errors, or to supply omissions from accident or inadvertence, by furnishing an amended or ,supplemental manifest. XLIX. Every master of a vessel who shall remove from such vessel or put on board thereof any goods, or cause or suffer any `goods` to be removed from thence or put on board thereof between sunset and sunrise, or on any day when the custom house is closed for business, without leave in writing obtained from the Collector of Customs, shall be liable to a fine not cxceeding five h1111rlrecl rupees. L. When goods shall he sent from on board of any vessel for the purpose of bdng landed and passed for importation, thore shall be sent with f ith eacll-boat load; ox 'other sepaitb de~yatcli, a boat note specifying tlii: number of packages and the inarks and numbers, or other description thereof, and such boat note shall be signed by an officer of the vessel ; and if tb,&vessel have a customs officer on board, the boat note must be signec55y `such` officer as well as by an officer of the vessel; and if any imported goods be found in a boadproceeding to land from such a vessd without a boat note, as above provided, or if being accompanied by such boat `ndte` t h e be found out: of the proper track between-the ship. and the proper $lace of landing,. the' boa containing such goods may be detainea by any `&oer` of customs duly authorized by the Collector ; and ynless the abuse of deviation be explained to the satisfaction of the Collector of Customs, the g~ods shall Be liable to seizure and confiscation. " - '. , .I ,. ,- - - \ , . ?." - a : `. i` 3 - ' , r * - `1` 1, - --LI. Ekeeqt in special case8 sanctioned by the Collector- of Customs, `twenty` days, ~exolDsi$e of ,Bdridays and holidays, shall%be allowed for ,the: &sEha~g,e of ;the import cargo .of vessels not exceeding six-hundred tons9 b u ~ h ~ q , and thirty day8 for, vessels exceeding that burthen ; and the said periods shall be ,calculated *om the date on which the vessel was admitted to entry inward; and if any goods remain on b0ar.d after the periods aljove fixed, -the Colledtor inay order the same to be landed and warehoused, for the ,securityof the duties chargeable thereon, .and of any freight and primage and other demands that may be due thereon, giving his l'eceipt to .the master for the goods so warehoused ; but the Collector or other officer in charge of the oustom house, with the consent of the master of the vessel, inay cause any packages to be brought on shore and to be deposited in the Government warehouses, although the periods above. fixed have not expired. LII. No vessel shall depart from any port of the Presidency of Bombay without a port-clearance being granted by the Collector of Customs or other proper officer duly authorized by the Governor of Bo~nbay in I `4` .,. 4 i ; , ' i `,` : \ I > . , ACT No. I. OF 1852. in Council to grant the same, and application shall be made for such portclearance at least twenty-four hours before the intended departure of the vessel ; and no such port-clearance shall be granted to any square-rigged vessel sailing from the port of Boinbay until the following documents shall have been produced to the Collector of Customs or other officer :- Ist,-The certificate of registry of the vessel if registered a British vessel under Act of Pa.rliament, or if registered uncler the Acts of the Government of India No. X. of 1841, or XI. of 1850, a certificate of registry as required by such Acts, or if not registered under either of the aforesaid Acts, then the pass or sea letter under which the vessel shall be sailing. 2nd,-A certificate from the Senior Magistrate of Police, that there is no objection in his department to a port-clearance being granted to the vessel. 3rd,-A like cei%ificate from the Indian Naval Store-keeper of all . demands as regrtrds his office on the vessel having been satisfied. like cei%ificate from the Indian Naval Store-keeper of all 4th,-A like certificate from the Marine Paymaster. 5thy-A like certificate from the Registrar of Shipping. 6th,-A list of the crew and (if any) of the passengers ; but if none, then a declaration of the master to such eflect. Provided al\~ra;ys, that it shall be lawful for the Governor of Bombay in Council in any cases of necessity or special emergency, to authorize the granting of such port-clearance without tlie production of any one or nlore of the docuinents hereinbefore enumerated, and on such terms and conditions its he may tliink fit. - * `EIXI.` The `E'` , -.- --- ACT No, I. OF 1852. . The master of every vessel leaving ahy port in the Bornbay ~Presiclency shall, at tho time of applying as above prescribed for a portclearrtnce, deliver to the Collector of Customs or other principal customs officer of such port in duplicate a true manifest of the cargo on board, and if there be no cargo, then a blank manifest made out according to such form as may be prescribed by the C,ollector of Customs ; and if such manifest so delivered shall not contain a full and true specification of a.11 goods to be exported in the vessel, the said master shall be liable to a fine not exceeding one thousand rupees ; and any goods or packages found on board in excess of tshe manifest so delivered, or differing in quantity, or in kind, or in maiks, or in numbers from the specification contained therein, shall be liable to be seized by any customs officer and confiscated, or charged with such increased duties not exoeeding the value of such goods or packages as may be deki~nined by the Collector of Customs. EIV. If any goods shall be taken on boa.rd of any vessel after portclearance, it shall be incumbent on the master of sue11 vessel `to` amend the export manifest of such vessel in presence of the Collector of Customs, unless a special permission be granted by that officer ; and the master of any vessel who may contravene the provisions of this Section, shall be . liable to a fine not exceeding one thousand ~ p e e s . LV. If any vessel shall depart or attempt to depart without a portclemnce, as directed by tl~is Act, the master shall be liable to a penalty nut exceeding one thousand rupees, which may be recovered from the master or any owner of the vessel. LVI. No transhipment shall be made of any goods except under special order in writing from the Collector of Customs of the port ; and an officer of customs shall in all cases be deputed to superintend the removal of the goods from vessel to vessel; and if any goods are transhipped. or any I F': f ; .! 1 ==> picture [3 x 10] intentionally omitted <== any attempt be mede to tranship any goods withhrmt a special order as `aforesaid,` such goods shall be liable to coriAscatim. fire Govenror of B'a:hy ia ccptln&il rmay de&$$e bby piblic n~ti:.ee, h, the official Gaz&$e & P~e$~&&$, w&& sm-e shaja be: ports for the landiqilg &d sh$pmea of m&$&hu&g~, a ~ a . %&$ po& ar to be 'laid& & anty' d$&w p g j filyftfi , . -. . sbll Le; m. &+-Jwe&, be, s&ed sad CiJdfi&@g$e& . "['. ][. ][).' ][. ][. .- ] . . . . . -. . . . ,... . . , . , ,- . L'j@l$;, t .: ' `"'hag` in euq ~6: ipf t%g:-&$2&y @b6dd6hbyfBHd or more places for the landing and shipment of goods, and' @%xT~ @"li& ad4 be landedor embarked at any other place without the special order in =it;igb: `b` :of the Coll&c$or of eust@hs fGr pd&*: && , be 1e-d.. embaa&& .or am awmpfi. be+ ma& &j .fa&&; &b: e@,$&p&. .gw,@ &, : .$hsn. %he :saad~ m&agix&. plm &t~~u$: &&& `628g.r;: &q` gml;l b&:,&ei& `an&` Bm&sC&&':' r.;! . .;.,<! '. 1 . . ! + < r . ; j . , 7 !.+(;; < `-,-c:.cc~` 2~ I ' ; % :;,=. !.-.:, . . . . , - . .:. . . . . , : . . ' \ . , , . . , . : , . . v ..>. :< ,-:.,.:.. i . , i , . , l i l -.. '.-. - . : . C .

Source: India Code