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Act 017 of 1869 : Consolidated Customs' (Amendment) Act, 1869

Preamble

Consolidated Customs' (Amendment) Act, 18691

[Act No. 17 of 1869][11th August, 1869]

Passed by the Governor General of India in Council.

An Act to shorten the time for landing Cargo.

Preamble.- Whereas the Consolidated Customs' Act (No. VI of 1863), section fifty-two, provides that if the importer, owner or consignee of any goods (except as therein excepted), or his agent, shall not land such goods within fifteen working days after the entry of the vessel importing the same, or within such further period as the bill of lading of such vessel shall specify, the master or commander of the vessel, or the officers of customs on his application, may then carry such goods to the Custom House; And whereas it is expedient to shorten the period of fifteen working days so limited; It is hereby enacted as follows:-

1 Received the assent of the Governor General on the 11th August 1869.

Section 1. New sections substituted for sections 52, 53 and 54 of Act VI of 1863

1. New sections substituted for sections 52, 53 and 54 of Act VI of 1863.- Sections LII, LIII and LIV of the said Act are hereby repealed, and in lieu thereof the following shall be substituted:-

"LII. Procedure in respect of goods not landed within time allowed.- If the importer, owner or consignee of any goods (except such as shall have been declared by the master or commander as not to be landed), or the agent of such importer, owner or consignee, shall not land such goods within such number of working days, not exceeding, fifteen, after the entry of the vessel importing the same as the Local Government shall from time to time appoint by notification in the official Gazette, or within such further period as the bill of lading of such, vessel shall specify, the master or commander of the vessel, or the officers of customs on his application, may then carry such goods to the Custom House.

The officer in charge of the Custom House shall thereupon take charge of and grant receipts for such goods; and if notice in writing shall have been given that the goods are to remain subject to a lien for freight, primage, general average or other charges of a stated amount, be shall hold such goods unlit the said charges shall be paid.

"LIII. And in case of goods being landed in time, with exception of only a small quantity.- If the cargo of any vessel, with the exception of a small quantity only of goods, shall have been landed within the period so appointed, or such further period as the hill of lading shall specify, the officers of customs may, on the application of the master or commander of such vessel, direct that such remaining goods shall forthwith be carried in like manner to the Custom House.

"LIV. Effect of not discharging cargo in any earlier period specified in the bill of lading.- If any period earlier than the number of working days so appointed is specified in the bill of lading of such vessel for the discharge of her cargo or any part thereof, and if the importer, owner or consignee of such cargo, or his agent shall not land the same within such specified period, the master or commander of such vessel, or the officers of customs on his application, may then carry such goods to the Custom House.

The officer in charge of the Custom House shall thereupon take charge of and grant receipts for such goods; and if notice in writing shall have been given that the goods are to remain subject to a lien for freight, primage, general average or other charges of a stated amount, he shall hold such goods until the said charges shall be paid."

Section 2. This Act to be read with Act VI of 1863

2. This Act to be read with Act VI of 1863.- This Act shall be read with and taken as part of The Consolidated Customs' Act.