11-H. Definitions.—In this Chapter, unless the context otherwise requires,—
(a) ―illegal export‖ means the export of any goods in contravention of the provisions of this
Act or any other law for the time being in force;
(b) ―intimated place‖ means a place intimated under sub-section (1), sub-section (2) or
sub-section (3), as the case may be, of section 11J;
(c) ―specified area‖ includes the Indian customs waters, and such inland area, not exceeding one
hundred kilometres in width from any coast or other border of India, as the Central Government may,
having regard to the vulnerability of that area to smuggling, by notification in the Official Gazette,
specify in this behalf:
Provided that where a part of any village, town or city falls within a specified area, the whole of
such village, town or city shall, notwithstanding that the whole of it is not within one hundred
kilometres from any coast or other border of India, be deemed to be included in such specified area;
(d) ―specified date‖, in relation to specified goods, means the date on which any notification is
issued under section 11-I in relation to those goods in any specified area;
(e) ―specified goods‖ means goods of any description specified in the notification issued under
section 11-I in relation to a specified area.
11-I. Power of Central Government to specify goods.—If, having regard to the magnitude of the
illegal export of goods of any class or description, the Central Government is satisfied that it is expedient
in the public interest to take special measures for the purpose of checking the illegal export or facilitating
the detection of goods which are likely to be illegally exported, it may, by notification in the Official
Gazette, specify goods of such class or description.
11J. Persons possessing specified goods to intimate the place of storage, etc.—(1) Every person
who owns, possesses or controls, on the specified date, any specified goods, the market price of which
exceeds fifteen thousand rupees shall, within seven days from that date, deliver to the proper officer an
intimation containing the particulars of the place where such goods are kept or stored within the specified
area.
(2) Every person who acquires (within the specified area), after the specified date, any specified
goods,—
(i) the market price of which, or
(ii) the market price of which together with the market price of any specified goods of the same
class or description, if any, owned, possessed or controlled by him on the date of such acquisition,
exceeds fifteen thousand rupees shall, before making such acquisition, deliver to the proper officer an
intimation containing the particulars of the place where such goods are proposed to be kept or stored after
such acquisition:
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Provided that a person who has delivered an intimation, whether under sub-section (1) or
sub-section (2), in relation to any specified goods, owned, possessed, controlled or acquired by him, shall
not be required to deliver any further intimation so long as the specified goods are kept or stored at the
intimated place.
(3) If any person intends to shift any specified goods to which sub-section (1) or sub-section (2)
applies, to any place other than the intimated place, he shall, before taking out such goods from the
intimated place, deliver to the proper officer an intimation containing the particulars of the place to which
such goods are proposed to be shifted.
(4) No person shall, after the expiry of seven days from the specified date, keep or store any specified
goods to which sub-section (1) or sub-section (2) applies, at any place other than the intimated place.
11K. Transport of specified goods to be covered by vouchers.—(1) No specified goods shall be
transported from, into or within any specified area or loaded on any animal or conveyance in such area,
unless they are accompanied by a transport voucher (in such form and containing such particulars as may
be specified by rules made in this behalf) prepared by the person owning, possessing, controlling or
selling such goods:
Provided that no transport voucher shall be necessary for the transport, within a village, town or
city, of any specified goods the market price of which, on the date of transport, does not exceed one
thousand rupees.
(2) Notwithstanding anything contained in sub-section (1), where the Central Government, after
considering the nature of any specified goods, the time, mode, route and the market price of the goods
intended to be transported, the purpose of the transportation and the vulnerability of the specified area
with regard to the illegal export of such goods, is satisfied that it is expedient in the public interest so to
do, it may, —
(i) by notification in the Official Gazette, specify goods of such class or description and of a
market price exceeding such sum as that Government may notify; and different sums in relation to the
specified goods of the same class or description, or different classes or descriptions, may be notified
for the same specified area or for different specified areas, and
(ii) direct that no person shall transport any goods so specified unless the transport voucher in
relation to them has been countersigned by the proper officer.
11L. Persons possessing specified goods to maintain accounts.—(1) Every person who, on or after
the specified date, owns, possesses or controls, within a specified area, any specified goods of a market
price exceeding fifteen thousand rupees, shall maintain (in such form and in such manner as may be
specified by rules made in this behalf) a true and complete account of such goods and shall, as often as he
acquires or parts with any specified goods, make an entry in the said account in relation to such
acquisition or parting with, and shall also state therein the particulars of the person from whom such
goods have been acquired or in whose favour such goods have been parted with, as the case may be, and
such account shall be kept, along with the goods, at the place of storage of the specified goods to which
such accounts relate:
Provided that it shall not be necessary to maintain separately accounts in the form and manner
specified by rules made in this behalf in the case of a person who is already maintaining accounts which
contain the particulars specified by the said rules.
(2) Every person who owns, possesses or controls any specified goods to which the provisions of
sub-section (1) apply, and who uses any such goods for the manufacture of any other goods, shall
maintain (in such form, in such manner and containing such particulars as may be specified by rules made
in this behalf) a true and complete account of the specified goods so used by him and shall keep such
account at the intimated place.
(3) If at any time, on a verification made by a proper officer, it is found that any specified goods
owned, possessed or controlled by a person are lesser in quantity than the stock of such goods as shown,
at the time of such verification, in the accounts referred to in sub-section (1), read with the accounts
referred to in sub-section (2), it shall be presumed, unless the contrary is proved, that such goods, to the
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extent that they are lesser than the stock shown in the said accounts, have been illegally exported and that
the person owning, possessing or controlling such goods has been concerned with the illegal export
thereof.
11M. Steps to be taken by persons selling or transferring any specified goods.—Except where he
receives payment by cheque drawn by the purchaser, every person who sells or otherwise transfers within
any specified area, any specified goods, shall obtain, on his copy of the sale or transfer voucher, the
signature and full postal address of the person to whom such sale or transfer is made and shall also take
such other reasonable steps as may be specified by rules made in this behalf to satisfy himself as to the
identity of the purchaser or the transferee, as the case may be, and if after an inquiry made by a proper
officer, it is found that the purchaser or the transferee, as the case may be, is not either readily traceable or
is a fictitious person, it shall be presumed, unless the contrary is proved, that such goods have been
illegally exported and the person who had sold or otherwise transferred such goods had been concerned in
such illegal export:
Provided that nothing in this section shall apply to petty sales of any specified goods if the aggregate
market price obtained by such petty sales, made in the course of a day, does not exceed two thousand and
five hundred rupees.
Explanation.—In this section ―petty sale‖ means a sale at a price which does not exceed one thousand
rupees.