Section 7: Overtime and other charges
This section is inserted by 18 THE FINANCE ACT 2025, section 11.
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
7. Overtime and other charges
Where work is permitted by the Director-General to be
performed outside the prescribed working days and hours –
(a) the services of the officer involved shall
be charged for at such rate as may be
prescribed; and
(b) a meal shall be provided or an allowance in lieu
of a meal, at such rate as may be prescribed,
shall be paid to the officer where his continued
presence is required up to prescribed hours
or beyond.
(b) in section 7A –
(i) in the heading, by deleting the words “3 years” and
replacing them by the words “2 years”;
(ii) in subsection (1), by deleting the words “3 years” and
replacing them by the words “2 years”;
(c) in section 9B, in subsection (2), in paragraph (a), by deleting
the words “one million rupees” and replacing them by the
words “500,000 rupees”;
(d) in section 9C, in subsection (3), by deleting the words
“14 days from the date of validation” and replacing them
by the words “7 days from the date of submission of the
outward manifest”;
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(e) in section 15 –
(i) in subsection (1B) –
(A) in paragraph (a), by deleting the words “3 years”
and replacing them by the words “2 years”;
(B) by repealing paragraph (b) and replacing it by
the following paragraph –
(b) Notwithstanding paragraph (a),
the Director-General may issue a notice of
assessment in respect of goods already cleared
by Customs not later than 3 years from the date
of the validated bill of entry where the owner
of the goods was in possession of information
relevant to the value of the goods and which was
not disclosed to the Director-General.
(C) by adding the following new paragraph –
(c) The amount claimed under
paragraph (a) or (b) shall, subject to
subsection (2)(a), be paid to the Director-General
not later than 28 days from the date of the
notice of assessment.
(ii) in subsection (2) –
(A) in paragraph (b), by inserting, after the words
“in the form”, the words “, in respect of each of
the items in the notice of assessment,”;
(B) by inserting, after paragraph (b), the following
new paragraph –
(ba) Where the Director-General
considers that the person has not complied with
paragraph (b), the objection shall be deemed to
have lapsed and the Director-General shall give
written notice thereof.
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(iii) in subsection (2B), by deleting the words
“subsection (2)(ca)” and replacing them by the words
“subsection (2)(ba) or (ca)”;
(f) in section 23 –
(i) in subsection (5) –
(A) in paragraph (b), by inserting, after the words
“in the form,”, the words “in respect of each of
the items in the written notice,”;
(B) by inserting, after paragraph (b), the following
new paragraph –
(ba) Where the Director-General
considers that the person has not complied with
paragraph (b), the objection shall be deemed to
have lapsed and the Director-General shall give
written notice thereof.
(ii) in subsection (7), by deleting the words
“subsection (5)(ca)” and replacing them by the words
“subsection (5)(ba) or (ca)”;
(g) in section 24 –
(i) in subsection (4) –
(A) in paragraph (b), by inserting, after the words
“in the form”, the words “, in respect of each
of the items in the demand,”;
(B) by inserting, after paragraph (b), the following
new paragraph –
(ba) Where the Director-General
considers that the person has not complied with
paragraph (b), the objection shall be deemed to
have lapsed and the Director-General shall give
written notice thereof.
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(ii) in subsection (6), by deleting the words
“subsection (4)(ca)”
in subsection (4) –
(A) in paragraph (b), by inserting, after the words
“in the form”, the words “, in respect of each
of the items in the demand,”;
(B) by inserting, after paragraph (b), the following
new paragraph –
(ba) Where the Director-General
considers that the person has not complied with
paragraph (b), the objection shall be deemed to
have lapsed and the Director-General shall give
written notice thereof.
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(ii) in subsection (6), by deleting the words
“subsection (4)(ca)” and replacing them by the words
“subsection (4)(ba) or (ca)”;
(h) in section 24A –
(i) in subsection (2), by deleting the words “3 years” and
replacing them by the words “2 years”;
(ii) by inserting, after subsection (2), the following
new subsection –
(2A) Notwithstanding subsection (2), the
Director-General may issue a written notice under
subsection (1) where the non-payment or underpayment
of duty, excise duty and taxes relates to a validated
bill of entry passed before a period of 3 years where the
owner of the goods was in possession of information
relevant to the value of the goods and same was not
disclosed to the Director-General.
(iii) in subsection (3), by repealing paragraph (b) and
replacing it by the following paragraph –
(b) Where a person makes an objection
under paragraph (a), he shall –
(i) specify in the form, in respect
of each of the items in the
written notice, the detailed
grounds of the objection; and
(ii) pay 5 per cent of the amount
of duty, excise duty and
taxes specified in the written
notice or 5 million rupees,
whichever is lower.
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(iv) by inserting, after paragraph (b), the following
new paragraphs –
(ba) Paragraph (b)(ii) shall apply to
this section and to sections 9A, 15, 19, 20, 24, 49,
67, 127A and 156A, section 5 of the Customs Tariff
Act, sections 5, 22 and 52 of the Excise Act and
regulations 20A, 22, 29, 45 and 45A of the Customs
Regulations 1989 with such modifications, adaptations
and exceptions as may be necessary.
(bb) Where the Director-General
considers that the person has not complied with
paragraph (b), the objection shall be deemed to have
lapsed and the Director-General shall give written
notice thereof.
(v) in subsection (5), by deleting the words
“subsection (3)(ca)” and replacing them by the words
“subsection (3)(bb) or (ca)”;
(i) in section 35, by adding the following new subsection –
(3) Any person making an entry shall pay a
processing fee at the rate specified in the Fifth Schedule.
(j) in section 66DA, in subsection (2) –
(i) in paragraph (b), by deleting the words “economic
operator” and replacing them by the words “economic
operator to the satisfaction of the Director-General”;
(ii) by adding the following new paragraph –
(c) (i) Where the economic operator
under paragraph (b) cannot provide a justification
to the satisfaction of the Director-General, the
Director-General may request the owner or authorised
user of the patent, the industrial design, the collective
mark, the mark, the copyright, the utility model, the
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layout-design, the breeder’s right, the trade name or
the geographical indication, as the case may be, to
provide justification to ascertain the authenticity and
genuineness of the goods.
(ii) Where the owner or
authorised user does not provide the justification
within 5 working days from the date of the request
under subparagraph (i), the Director-General shall
clear the goods.
(k) in section 143, by repealing subsection (1) and replacing it by
the
opyright, the utility model, the
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layout-design, the breeder’s right, the trade name or
the geographical indication, as the case may be, to
provide justification to ascertain the authenticity and
genuineness of the goods.
(ii) Where the owner or
authorised user does not provide the justification
within 5 working days from the date of the request
under subparagraph (i), the Director-General shall
clear the goods.
(k) in section 143, by repealing subsection (1) and replacing it by
the following subsection –
(1) Where any goods have been seized under
this Act, the Director-General shall, within 21 days of the
date of seizure, serve on the person or his agent from whom
the goods have been seized, a written notice of seizure, stating
the reasons for the seizure.
(l) by inserting, after section 158A, the following new section –