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The Customs Act, 1969

( ACT NO. IV OF 1969 )

[ 8th March, 1969 ]

Chapter IX

DISCHARGE OF CARGO AND ENTRY INWARDS OF GOODS

Power to permit immediate discharge
78. (1) Notwithstanding anything contained in sections 74, 76 and 77, the appropriate officer in any customs-station to which the Board, by notification in the official Gazette, declares this section to apply, may permit the master of any vessel immediately on receipt of an order under section 47 or a special pass under section 49, or the person-in-charge of a conveyance other than a vessel on receipt of the import manifest to discharge the goods imported by such conveyance, or any portion thereof, into the custody of his agent, if he be willing to receive the same, for the purpose of unloading the same forthwith-
 
 
 
 
(a) at the custom-house, or at any specified landing-place or wharf; or
 
 
 
 
(b) at any landing-place or wharf belonging to the port commissioners, port trust, railways or other public body or company; or
 
 
 
 
(c) for giving it in the custody of such person as may be approved by the Commissioner of Customs.
 
 
(2) Any agent so receiving such cargo or portion shall be bound to discharge all claims for damage or short delivery which may be established in respect of the same by the owner thereof, and shall be entitled to recover from such owner his charges for service rendered, but not for commission or the like, where any agent for the unloading of such cargo or portion has been previously appointed by the owner and such appointment is un-revoked 1[:
 
 
 
 
Provided that no agent so receiving such cargo or portion shall cause it to be removed or otherwise dealt with except in accordance with the written order of the appropriate officer.]
 
 
 
 
(3) The appropriate officer shall take charge of all goods discharged under clause (a) of sub-section (1) and otherwise proceed in relation thereto as provided in sections 76 and 82.
 
 
 
 
(4) 2[A public body or company or port authority or airlines or] person at whose landing-place or wharf or place of storage any goods are discharged under clause (b) or clause (c) of sub-section (1) shall not permit the same to be removed or otherwise dealt with except in accordance with the order in writing of the appropriate officer.
  • 1
    The colon (:) was substituted for the full-stop (.) and the proviso was added thereafter by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986)
  • 2
    The words “A public body or company or port authority or airlines or” were substituted for the words “A public body or company or” by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)
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