Import and Export of Goods Act, 1916 [Repealed]
[Repealed by Act 12 of 1927]
(Received the assent of the Governor-General on 5th September, 1916)
Whereas it is expedient to provide further power to prohibit or restrict the import and export of goods to and from British India; It is hereby enacted as follows:
Section 1. Short title, extent and duration
(1) This Act may be called the Import and Export of Goods Act, 1916;
(2) It extends to the whole of British India; and
(3) It shall remain in force during the continuance of the present war, and for a period of six months thereafter.
Section 2. Definitions
In this Act
Export means the taking by sea or land out of British India,
Import means the bringing by sea or land into British India.
Section 3. Power to prohibit or restrict import or export of goods from or to any country or place, or any person or class of persons
The Governor-General in Council may, by notification in the Gazette of India, prohibit or restrict, in any way he may specify in such notification, the import or export of all or any goods or any class of goods from or to any country or place, or from or to any person or class of persons.
Section 4. Application of the provisions of Act 8 of 1878
Where, by a notification issued under Section 3, the import or export of any goods is prohibited or restricted, such goods shall be deemed to be goods of which the import or export has been prohibited or restricted under Section 19 of the Sea Customs Act, 1878, and the provisions of the said Act shall have effect accordingly:
Provided that, in any proceedings for the adjudication of confiscation of any goods to which the provisions of any notification under this Act are alleged to apply, the goods shall be deemed to be goods of which the import or export has been so prohibited or restricted, as the case may be, unless the contrary is proved.
Section 5. Summary procedure for recovery of penalty of bond
(1) Where any bond has been executed for the due performance of any condition imposed in the exercise or by virtue of the power of restriction conferred by Section 3, the officer in whose favour the bond has been executed or his successor in office may, if he is satisfied that such bond has been forfeited, call upon the person bound thereby to pay the penalty to show cause why it should not be paid by him.
(2) If, in the opinion of such officer, sufficient cause is not shown and the penalty is not paid, he may, in addition to all other legal remedies, proceed to recover the same as if it were an arrear of land-revenue, and shall, for that purpose, have all the powers conferred upon the Collector by any enactment relating to land-revenue for the time being in force in any part of the province in which the bond was executed.
Section 6. Certain notifications under Act 8 of 1878 to be deemed to be issued under this Act
All notifications under Section 19 of the Sea Customs Act, 1878, issued after the 3rd day of August, 1914, and in force at the commencement of this Act, shall be deemed to have been issued under the provisions of Section 3, and any action taken after the said date which, if this Act had been in force, could have been validly taken, is hereby validated.
Section 7. Repeal of Ordinance 4 of 1916
The Import and Export of Goods Ordinance, 1916, is hereby repealed.