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Section 158: Provisions with respect to rules and regulations

The Customs Act, 1962*Union territory Act of Chandigarh · Act 52 of 1962

(1) All rules and regulations made under this Act shall be published in the Official Gazette.

(2) Any rule or regulation which the Central Government or the Board is empowered to make under this Act may provide—

(i) for the levy of fees in respect of applications, amendment of documents, furnishing of duplicates of documents, issue of certificates, and supply of statistics, and for rendering of any services by officers of customs under this Act;

5 [(ii) that any person who contravenes any provision of a rule or regulation or abets such contravention or who fails to comply with any provision of a rule or regulation with which it was his duty to comply, shall be liable to a penalty which may extend to fifty thousand rupees.]

6 [159. Rules, certain notifications and orders to be laid before Parliament.—Every rule or regulation made under this Act, every notification issued under sections 11, 11B, 11H, 11-I, 11K, 11N, 14, 25, 28A, 43, 66, 69, 70, 74, 75, 76, 98, 98A, 101 and 123 and every order made under sub-section (2) of section 25, other than an order relating to goods of strategic, secret, individual or personal nature, shall be laid, as soon as may be after it is made or issued, before each House of Parliament, while it is in

1. Ins. by Act 40 of 1991, s. 14 (w.e.f. 20-9-1991).

2. Subs. by Act 22 of 1995, s. 67, for ―form‖ (w.e.f. 26-5-1995).

3. Ins. by Act 7 of 2017, s. 108 (w.e.f. 31-3-2017).

4. Subs. by Act 13 of 2018, s. 100, for clause (d) (w.e.f. 28-3-2018).

5. Subs. by Act 18 of 2008, s. 75, for clause (ii) (w.e.f. 10-5-2008).

6. Subs. by Act 22 of 1995, s. 68, for section 159 (w.e.f. 26-5-1995).

119 session, for a total period of thirty days which may be comprised in one session, or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or notification or order, or both Houses agree that the rule or regulation should not be made or notification or order should not be issued or made, the rule or regulation or notification or order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification or order.]

1 [159A. Effect of amendments, etc., of rules, regulations, notifications or orders.—Where any rule, regulation, notification or order made or issued under this Act or any notification or order issued under such rule or regulation, is amended, repealed, superseded or rescinded, then, unless a different intention appears, such amendment, repeal, supersession or rescinding shall not—

(a) revive anything not in force or existing at the time at which the amendment, repeal, supersession or rescinding takes effect; or

(b) affect the previous operation of any rule, regulation, notification or order so amended, repealed, superseded or rescinded or anything duly done or suffered thereunder; or

(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any rule, regulation, notification or order so amended, repealed, superseded or rescinded; or

(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed under or in violation of any rule, regulation, notification or order so amended, repealed, superseded or rescinded; or

(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the rule, regulation, notification or order, as the case may be, had not been amended, repealed, superseded or rescinded.]

Where this provision sits

ActThe Customs Act, 1962*
Section158
Marginal noteProvisions with respect to rules and regulations
JurisdictionUnion territory of Chandigarh
StatusIn force as published by the source

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