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Arrival of vessels and aircrafts in India [Section 29]

Arrival of vessels and aircrafts in India [Section 29]: 

This section provides that the
person-in-charge of a vessel or an aircraft entering India from any place outside India shall not
cause or permit the vessel or aircraft to call or land –

(a) for the first time after arrival in India; or

(b) at any time while it is carrying passengers or cargo brought in that vessel or aircraft;

at any place other than a customs port or a customs airport, as the case may be , unless permitted by the Board.

In other words, vessels or aircrafts entering India from outside India can only call or land at a customs port or a customs airport. However, the Central Board of Excise and Customs can permit calling/landing of vessels and aircrafts at any place other than customs port or customs airport.

Exception: The above provisions are not applicable in relation to any vessel or aircraft, which is compelled by accident, stress of weather or other unavoidable cause to call or land at a place other than a customs port or customs airport. However, the person in charge of the vessel has the following obligation cast on him:

1. He will have to report the arrival of the vessel or the landing of the aircraft to the nearest customs officer or officer in charge of police station, and produce the log book if demanded.

2. He should not allow any unloading of goods without permission, and should not allow any passengers or crews to leave the immediate vicinity of the vessel or aircraft. However the goods can be removed or the passengers and crews can be allowed to depart if the same is necessary for reason of health, safety or preservation of life or property.

3. He should comply with all the directions given by such officers with respect to any such goods.

Any failure on the part of the person in charge of the vessel to comply with the above provisions will not only render him to be liable to penalty under section 112 of the Customs Act but also render the imported goods liable to confiscation under sect ion 111 (b) and 111 (c) of the Customs Act and the conveyance liable to confiscation under section 115 (1) of the Customs Act under certain circumstances.

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