Powers of Customs Officers in Cargo Handling

[Customs Notification No. 43 (Non Tariff) dated 16^th May 2012]

In exercise of the powers conferred by sub-section (2) of section 141 read with section 157 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs hereby makes the following regulations to amend the Handling of Cargo in Customs Areas Regulations, 2009, namely:-

1. (1) These regulations may be called the Handling of Cargo in Customs Areas (Amendment) Regulations, 2012.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Handling of Cargo in Customs Areas Regulations, 2009, (hereinafter referred to as the said regulations),-

(1) in regulation 6 of the said regulations, in sub-regulation (1),-

(i) in clause (a), for the words “proper officer”, the words “Inspector of Customs or Preventive Officer or Examining Officer” shall be substituted;

(ii) in clause (f), for the words “proper officer”, the words “Superintendent of Customs or Appraiser” shall be substituted;

(iii) in clauses (g), (h) and (k), for the words “proper officer”, the words “Deputy Commissioner or Assistant Commissioner of Customs” shall be substituted;

(iv) in clause (l), for the words “proper officer”, the words “Superintendent of Customs or Appraiser or Inspector of Customs or Preventive officer or examining officer, as the case may be” shall be substituted;

(2) in regulation 7 of the said regulations, after sub-regulation (1), the following proviso shall be inserted, namely:-

“Provided that no exemption shall be granted in respect of any of the conditions referred to in regulation 5, where the overall safety and security of the premises are likely to be affected thereby.”.

[F. No. 450/55/2008-Cus.IV]