Customs Act, 1962 Section 29 — Arrival of vessels and aircrafts in India
Customs Act, 1962 · Arrival of vessels and aircrafts in India
Plain-English Explanation
Overview
Section 29 of the Customs Act, 1962, controls the arrival of vessels and aircrafts entering India from foreign locations. It mandates that such conveyances must initially land only at designated customs ports or customs airports, preventing unauthorized entry points and ensuring proper customs control. This section is crucial for maintaining import security and enforcing customs regulations at the point of entry.
Who Does This Apply To?
This section primarily applies to the person-in-charge of a vessel or aircraft, usually the captain of a ship or the pilot-in-command of an aircraft. It also indirectly affects:
- Passengers and crew on board these vessels or aircraft.
- Owners or operators of the vessels and aircraft.
- Customs officers responsible for enforcing the provisions.
- Police officers in certain emergency situations.
How It Works
The section operates through a clear set of rules:
- Designated Landing Points: A vessel or aircraft entering India from a foreign location must initially land at a designated customs port or customs airport, respectively. Landing elsewhere requires specific permission from the Board (CBIC).
- Restriction on Subsequent Landings: While carrying passengers or cargo brought into India, the vessel or aircraft is restricted to landing only at designated customs locations, absent Board approval.
- Emergency Landings: If an emergency forces a landing at an undesignated location, certain procedures must be followed. These procedures are explained in the next section about exceptions.
- Reporting Requirement: In case of an emergency landing, the person-in-charge must immediately report the arrival or landing to the nearest customs officer or police station officer-in-charge.
- Log Book Production: The person-in-charge must produce the vessel's or aircraft's log book upon demand to the customs or police officer.
- Restrictions on Unloading and Departure: Without the consent of the customs or police officer, no goods can be unloaded, and no crew or passengers can depart from the vicinity of the vessel or aircraft.
- Compliance with Directions: The person-in-charge must comply with any directions issued by the customs or police officer concerning the goods. Passengers and crew must stay within the immediate vicinity of the vessel or aircraft unless authorized by an officer.
Important Conditions & Exceptions
- Condition 1: The prohibition applies to the first landing after entering India and to any subsequent landing while still carrying imported passengers or cargo.
-
Condition 2: The Board can grant permission for landing at a non-customs port or airport.
-
Exception: The rules do not apply if the vessel or aircraft is forced to land at an undesignated location due to accident, stress of weather, or other unavoidable cause. However, the reporting requirements and restrictions apply until customs officials arrive. Further, departure of crew/passengers or removal of goods is permitted where necessary for health, safety, or the preservation of life or property.
Practical Example
A cargo vessel, MV Bharat, is sailing from Dubai to Mumbai, carrying imported electronics worth ₹50 crore. According to Section 29, MV Bharat must first dock at Mumbai Customs Port. If the captain decides to dock at a private port in Gujarat to offload a part of the cargo without Board permission, he would be in violation of Section 29(1). However, if MV Bharat encounters a severe storm and is forced to seek shelter at a non-customs port in Goa, the captain must immediately report the incident to the nearest customs officer or police station as per Section 29(2), and follow any directions given by these officers.
Key Amendments
No major amendments since enactment.
No case laws found for this provision yet.
Browse all case laws →Frequently Asked Questions
What constitutes a 'customs port' or 'customs airport' under Section 29 of the Customs Act, 1962?
A 'customs port' or 'customs airport' is a port or airport that has been specifically designated by the Board (Central Board of Indirect Taxes and Customs) for the landing and unloading of imported goods and the loading of goods for export. Section 29(1) mandates that vessels and aircrafts entering India from abroad must first call or land at one of these designated locations, unless explicitly permitted otherwise by the Board.
What are the obligations of the 'person-in-charge' of a vessel or aircraft arriving in India under Section 29?
The 'person-in-charge' (typically the captain of a ship or pilot of an aircraft) must ensure the vessel or aircraft lands only at a designated customs port or airport (Section 29(1)). If forced to land elsewhere due to unforeseen circumstances, they must immediately report the arrival to the nearest customs or police officer, produce the log book on demand, and prevent unauthorized unloading of goods or departure of crew/passengers (Section 29(2)).
What happens if a vessel or aircraft is compelled to land at a non-customs port or airport due to an emergency under Section 29?
If a vessel or aircraft is forced to land at a non-customs location due to an accident, stress of weather, or another unavoidable cause, Section 29(2) outlines specific procedures. The person-in-charge must promptly report the arrival to the nearest customs or police officer, provide the log book upon request, and refrain from allowing unauthorized unloading or departure until authorized by the authorities. However, exceptions are made for situations involving health, safety, or preservation of life or property.
Are there any exceptions to the requirement of landing only at a customs port or airport as stated in Section 29?
Yes, Section 29(1) allows the Central Board of Indirect Taxes and Customs (CBIC) to permit a vessel or aircraft to call or land at a place other than a customs port or airport. Also, the proviso to Section 29(2) provides an exception if the departure of crew/passengers or removal of goods from the vessel or aircraft is necessary for reasons of health, safety, or the preservation of life or property, even without the consent of a customs officer.
What constitutes an 'unavoidable cause' justifying an emergency landing under Section 29(2)?
An 'unavoidable cause' is not explicitly defined in the Customs Act, 1962, but generally refers to circumstances beyond the control of the person-in-charge that necessitate an emergency landing. Examples include severe weather conditions, mechanical failures, medical emergencies, or other situations posing an immediate threat to the vessel or aircraft, its crew, passengers, or cargo. The determination of whether a cause is 'unavoidable' is made on a case-by-case basis, considering the specific facts and circumstances.
What are the consequences of non-compliance with Section 29 of the Customs Act, 1962?
Non-compliance with Section 29 can result in penalties under the Customs Act, 1962. While Section 29 itself does not specify the penalties, violations could attract fines, seizure of goods, and other actions as per other relevant sections dealing with offences and penalties. The exact nature of the penalty would depend on the severity and nature of the violation.
How does Section 29 practically impact international shipping and aviation companies?
Section 29 dictates that shipping and aviation companies must strictly adhere to designated customs ports and airports for initial entry into India. They must train their personnel to understand and comply with the emergency landing procedures outlined in Section 29(2), including reporting requirements and restrictions on unloading or departure. Companies must also obtain prior permission from the Board if they intend to land at a non-customs location.
Key Conditions & Requirements
| Condition | Details |
|---|---|
| First landing at customs port/airport | Vessel/aircraft must land at a designated customs port/airport upon first arrival in India, unless permitted by the Board. |
| Carrying passengers or cargo restrictions | Vessel/aircraft carrying passengers or cargo brought into India must land only at customs ports/airports unless Board permission is granted. |
| Emergency landing exception | The restrictions do not apply if landing elsewhere is due to accident, weather, or other unavoidable cause. |
| Reporting emergency landing | In case of emergency landing, the person-in-charge must immediately report to the nearest customs or police officer and produce the log book. |
| Restrictions post-emergency landing | After an emergency landing, unloading goods or crew/passenger departure requires officer consent. |
| Compliance with officer directions | The person-in-charge must comply with directions given by customs or police officer regarding goods after an emergency landing. |
| Crew/passenger restrictions post-landing | After an emergency landing, passengers/crew cannot leave the vicinity of vessel/aircraft without officer's consent. |
| Health/Safety Exemption | Departure or removal of goods is allowed for health, safety, or preservation of life/property. |
Amendment History
Inserted (w.e.f. 10-5-2013) by s. 69 of the Finance Act, 2013 (17 of 2013).