Chapter -IX Warehousing.

SECTION 57.  Licensing of public warehouses. - The Principal Commissioner of Customs or

Commissioner of Customs may, subject to such conditions as may be prescribed, licence a
public warehouse wherein dutiable goods may be deposited.

Warehouse (Custody and Handling of Goods) Regulations, 2016

Licensing of public warehouse. – Regulation -3.

1) Upon an application being made to license a public warehouse, the Principal
Commissioner of Customs or Commissioner of Customs, as the case may be, may
issue a licence to an applicant who, -

a. is a citizen of India or is an entity incorporated or registered under any law for

the time being in force;

b. submits an undertaking to comply with such terms and conditions as may be

specified by the Principal Commissioner of Customs or Commissioner of
Customs, as the case may be;

c. Furnishes a solvency certificate from a scheduled bank for a sum of two crore
rupees:

Provided that the condition of furnishing a solvency certificate shall not be applicable to an

undertaking of the Central Government or State Government or Union territory orto ports
notified under the Major Port Trusts Act, 1963 (38 of 1963);

2) The Principal Commissioner of Customs or Commissioner of Customs, as the case may

be, shall not issue a licence to an applicant if, -

a. he has been declared an insolvent or bankrupt by a Court or Tribunal;

b. he has been convicted for an offence under any law for the time being in force;

c. he has been penalised for an offence under the Act, the Central Excise Act,
1944 (1 of 1944) or Chapter V of the Finance Act, 1994 (32 of 1994);

d. he is of unsound mind and stands so declared by a competent Court; or

e. the Principal Commissioner of Customs or the Commissioner of Customs, as the

case may be, is satisfied that-

 the site or building of the proposed public warehouse is not suitable for
secure storage of dutiable goods;

 the site or building of the proposed public warehouse is not suitable for
general supervision by officers of customs;
  bankruptcy proceedings are pending against the applicant; OR

 Criminal proceedings are pending against the applicant and the offences
involved are of such nature that he is not a fit person for grant of licence.

Conditions to be fulfilled by applicant - Regulation – 4

Where, after inspection of the premises, evaluation of compliance to the conditions under
regulation 3 and conducting such enquiries as may be necessary, the Principal Commissioner
of Customs or Commissioner of Customs, as the case may be,is satisfied that licence may be
granted, he shall require the applicant to,-
A. provide an all risk insurance policy, that includes natural calamities, riots, fire,
theft, skilful pilferage and commercial crime, in favour of the President of
India, for a sum equivalent to the amount of duty involved on the dutiable
goods proposed to be stored in the public warehouse at any point of time;
B. provide an undertaking binding himself to pay any duties, interest, fine and
penalties payable in respect of warehoused goods under sub-section (3) of
section 73Aor under the Warehouse (Custody and Handling of Goods) Regulations,
2016;
C. provide an undertaking indemnifying the Principal Commissioner of Customs
Commissioner of Customs, as the case may be, from any liability arising on
account of loss suffered in respect of warehoused goods due to
accident, damage, deterioration, destruction or any other unnatural cause
during their receipt, delivery, storage, despatch or handling; and
D. appoint a person who has sufficient experience in warehousing operations
and customs procedures as warehouse keeper

Grant of licence - Regulation – 5

Upon fulfilment of the conditions specified in regulation 3 and regulation 4, the Principal
Commissioner of Customs or Commissioner of Customs, as the case may be, may
grant a licence in respect of the public warehouse subject to such conditions as deemed
necessary

Validity of licence – Regulation – 6

Any licence granted under regulation (5) shall remain valid until and unless it is
cancelled in terms of the provisions under section 58B or sub-regulation (2) of
regulation 8
 Non –Transferability of licence – Regulation – 7

A licence granted under regulation 5 shall not be transferable

Surrender of licence - Regulation – 8

licensee may surrender the licence granted to him by making a request in writing to the
Principal Commissioner of Customs or Commissioner of Customs, as the case may be.
(2) On receipt of the request under sub-regulation (1), the Principal Commissioner of
Customs or Commissioner of Customs, as the case may be, may cancel the licence if,–

a. the licensee has paid all monies due to the Central Government under the
provisions of the Act, rules or regulations made there under;
b. no warehoused goods remain deposited in the public warehouse or are deposited in
the public warehouse from the date of request referred in sub-regulation (1);
and(c)no proceedings are pending against the licensee under the Actor the
rules or regulations made thereunder
Licence for existing public warehouses – Rule -9
. -A public warehouse appointed under section 57as it stood immediately before the
commencement of the Finance Act,2016 (28of 2016), shall be valid under these
regulations provided such warehouse fulfil the requirements specified in clause (b) and
clause (c) of sub-regulation (1) of regulation 3 and the conditions specified in regulation 4
within a period of three months from the date of commencement of these regulations

SECTION 58. Licensing of private warehouses. - The Principal Commissioner of Customs or

Commissioner of Customs may, subject to such conditions as may be prescribed, licence a
private warehouse wherein dutiable goods imported by or on behalf of the licensee may
be deposited.

SECTION 58A. Licensing of special warehouses. –

(1) The Principal Commissioner of Customs or Commissioner of Customs may, subject
to such conditions as may be prescribed, licence a special warehouse wherein dutiable
goods may be deposited and such warehouse shall be caused to be locked by the
proper officer and no person shall enter the warehouse or remove any goods
therefrom without the permission of the proper officer.
(2)  The Board may, by notification in the Official Gazette, specify the class of goods
which shall be deposited in the special warehouse licensed under sub-section (1).]
[SECTION 58B. Cancellation of licence. –
(1) Where a licensee contravenes any of the provisions of this Act or the rules or regulations
made thereunder or breaches any of the conditions of the licence, the Principal Commissioner
of Customs or Commissioner of Customs may cancel the licence granted under section 57 or
section 58 or section 58A :
Provided that before any licence is cancelled, the licensee shall be given a reasonable
opportunity of being heard.

(2) The Principal Commissioner of Customs or Commissioner of Customs may, without

prejudice to any other action that may be taken against the licensee and the goods under this
Act or any other law for the time being in force, suspend operation of the warehouse during
the pendency of an enquiry under sub-section (1).

(3) Where the operation of a warehouse is suspended under sub-section (2), no goods shall be
deposited in such warehouse during the period of suspension:
Provided that the provisions of this Chapter shall continue to apply to the goods already
deposited in the warehouse.

(4) Where the licence issued under section 57 or section 58 or section 58A is cancelled, the
goods warehoused shall, within seven days from the date on which order of such
cancellation is served on the licensee or within such extended period as the proper
officer may allow, be removed from such warehouse to another warehouse or be cleared for
home consumption or export:

Provided that the provisions of this Chapter shall continue to apply to the goods already
deposited in the warehouse till they are removed to another warehouse or cleared for home
consumption or for export, during such period.

SECTION 59. Warehousing bond.

(1)The importer of any goods in respect of which a bill of entry for warehousing has been
presented under section 46 and assessed to duty under section 17 or section 18 shall execute
a bond in a sum equal to thrice the amount of the duty assessed on such goods, binding
himself—
a) to comply with all the provisions of the Act and the rules and regulations made
thereunder in respect of such goods;
b)  to pay, on or before the date specified in the notice of demand, all duties and interest
payable under sub-section (2) of section 61; and
c) to pay all penalties and fines incurred for the contravention of the provisions of this
Act or the rules or regulations, in respect of such goods.

(2) For the purposes of sub-section (1),

The Assistant Commissioner of Customs or Deputy Commissioner of Customs may
permit an importer to execute a general bond in such amount as the Assistant
Commissioner of Customs or Deputy Commissioner of Customs may approve in respect
of the warehousing of goods to be imported by him within a specified period.
(3) The importer shall, in addition to the execution of a bond under sub-section (1) or sub-
section (2), furnish such security as may be prescribed.

(4) Any bond executed under this section by an importer in respect of any goods shall
continue to be in force notwithstanding the transfer of the goods to another warehouse.

(5) Where the whole of the goods or any part thereof are transferred to another person, the
transferee shall execute a bond in the manner specified in sub-section (1) or sub-section (2)
and furnish security as specified under sub-section (3).]

4 [SECTION 59A    [******] ] 

SECTION 60. Permission for removal of goods for deposit in warehouse.

(1) When the provisions of section 59 have been complied with in respect of any goods,
the proper officer may make an order permitting removal of the goods from a customs
station for the purpose of deposit in a warehouse.
(2) Provided that such order may also be made electronically through the customs
automated system on the basis of risk evaluation through appropriate selection
criteria.]
(3) Where an order is made under sub-section (1), the goods shall be deposited in a
warehouse in such manner as may be prescribed.]
[SECTION 61.Period for which goods may remain warehoused. 
1. Any warehoused goods may remain in the warehouse in which they are deposited or
in any warehouse to which they may be removed, — 
a) in the case of capital goods intended for use in any hundred per cent export
oriented undertaking or electronic hardware technology park unit or software
technology park unit or any warehouse wherein manufacture or other
operations have been permitted under section 65, till their clearance from the
warehouse;
b)  in the case of goods other than capital goods intended for use in any hundred per
cent. export oriented undertaking or electronic hardware technology park unit
or software technology park unit or any warehouse wherein manufacture or
other operations have been permitted under section 65, till their consumption or
clearance from the warehouse; and
c)  in the case of any other goods, till the expiry of one year from the date on which
the proper officer has made an order under sub-section (1) of section 60 :
Provided that in the case of any goods referred to in this clause, the Principal
Commissioner of Customs or Commissioner of Customs may, on sufficient cause
being shown, extend the period for which the goods may remain in the
warehouse, by not more than one year at a time : 
 d) Provided further that where such goods are likely to deteriorate, the period
referred to in the first proviso may be reduced by the Principal Commissioner of
Customs or Commissioner of Customs to such shorter period as he may deem fit.
2. Where any warehoused goods specified in clause (c) of sub-section (1) remain in a
warehouse beyond a period of ninety days from the date on which the proper
officer has made an order under sub-section (1) of section 60, interest shall be
payable at such rate as may be fixed by the Central Government under section
47, on the amount of duty payable at the time of clearance of the goods, for the
period from the expiry of the said ninety days till the date of payment of duty on
the warehoused goods :
Provided that if the Board considers it necessary so to do, in the public interest, it may, -
a) by order, and under the circumstances of an exceptional nature, to be specified in such
order, waive the whole or any part of the interest payable under this section in respect
of any warehoused goods;
b) by notification in the Official Gazette, specify the class of goods in respect of which
no interest shall be charged under this section;
c) by notification in the Official Gazette, specify the class of goods in respect of which
the interest shall be chargeable from the date on which the proper officer has made an
order under sub-section (1) of section 60.
Explanation.-For the purposes of this section, -
i.  “electronic hardware technology park unit” means a unit established under the
Electronic Hardware Technology Park Scheme notified by the Government of India;
ii. “hundred per cent. export oriented undertaking” has the same meaning as in clause (ii)
of Explanation 2 to sub-section (1) of section 3 of the Central Excise Act, 1944 (1 of
1944); and
iii.  “software technology park unit” means a unit established under the Software
Technology Park Scheme notified by the Government of India.]
SECTION 62. Control over warehoused goods[* * *]]

SECTION 63. * * *

SECTION 64. Owner’s right to deal with warehoused goods. - The owner of any
warehoused goods may, after warehousing the same, — 
a) inspect the goods;
b) deal with their containers in such manner as may be necessary to prevent loss or
deterioration or damage to the goods;
c) sort the goods; or
d) show the goods for sale.

SECTION 65. Manufacture and other operations in relation to goods in a warehouse.  

 1) With the permission of the Principal Commissioner of Customs or
Commissioner of Customs and subject to such conditions] as may be prescribed,
the owner of any warehoused goods may carry on any manufacturing process or other
operations in the warehouse in relation to such goods.
2) Where in the course of any operations permissible in relation to any warehoused
goods under sub-section (1), there is any waste or refuse, the following provisions
shall apply: –
a) if the whole or any part of the goods resulting from such operations are
exported, import duty shall be remitted on the quantity of the warehoused
goods contained in so much of the waste or refuse as has arisen from the
operations carried on in relation to the goods exported :
Provided that such waste or refuse is either destroyed or duty is paid on such
waste or refuse as if it had been imported into India in that form;
b) if the whole or any part of the goods resulting from such operations are
cleared from the warehouse for home consumption, import duty shall be
charged on the quantity of the warehoused goods contained in so much of the
waste or refuse as has arisen from the operations carried on in relation to the
goods cleared for home consumption.
SECTION 66.   Power to exempt imported materials used in the manufacture of goods in
warehouse. –
If any imported materials are used in accordance with the provisions of section 65 for the
manufacture of any goods and the rate of duty leviable on the imported materials exceeds the
rate of duty leviable on such goods, the Central Government, if satisfied that in the interests
of the establishment or development of any domestic industry it is necessary so to do, may,
by notification in the Official Gazette, exempt the imported materials from the whole or part
of the excess rate of duty. 

SECTION 67.  Removal of goods from one warehouse to another. - The owner of any
warehoused goods may, with the permission of the proper officer, remove them from one
warehouse to another, 12[***] subject to such conditions as may be prescribed for the due
arrival of the warehoused goods at the warehouse to which removal is permitted.
 
SECTION 68.Clearance of warehoused goods for home consumption. - 13[Any warehoused
goods may be cleared from the warehouse] for home consumption, if –
(a) a bill of entry for home consumption in respect of such goods has been presented in the
prescribed form;
14[(b) the import duty, interest, fine and penalties payable in respect of such goods have been
paid; and]
(c) an order for clearance of such goods for home consumption has been made by the proper
officer :
15[16[Provided that the order referred to in clause (c) may also be made electronically
through the customs automated system on the basis of risk evaluation through appropriate
selection criteria:
Provided further that] the owner of any warehoused goods may, at any time before an order
for clearance of goods for home consumption has been made in respect of such goods,
relinquish his title to the goods upon payment of 17[* * *] penalties that may be payable in
respect of the goods and upon such relinquishment, he shall not be liable to pay duty           
thereon:]
18[19[Provided also that] the owner of any such warehoused goods shall not be allowed to
relinquish his title to such goods regarding which an offence appears to have been committed
under this Act or any other law for the time being in force.]
SECTION 69.   Clearance of warehoused goods for 20[export]. - (1) Any warehoused goods
may be exported to a place outside India without payment of import duty if - 
21[(a) a shipping bill or a bill of export or the form as prescribed under section 84 has been
presented in respect of such goods;]
22[(b)   the export duty, fine and penalties payable in respect of such goods have been paid;
and]
(c)   an order for clearance of such goods for 23[export] has been made by the proper officer. 
24[Provided that the order referred to in clause (c) may also be made electronically through
the customs automated system on the basis of risk evaluation through appropriate selection
criteria]
(2)   Notwithstanding anything contained in sub-section (1), if the Central Government is of
opinion that warehoused goods of any specified description are likely to be smuggled back
into India, it may, by notification in the Official Gazette, direct that such goods shall not be
exported to any place outside India without payment of duty or may be allowed to be so
exported subject to such restrictions and conditions as may be specified in the notification.
SECTION 70.  Allowance in case of volatile goods. - (1) When any warehoused goods to
which this section applies are at the time of delivery from a warehouse found to be deficient
in quantity on account of natural loss, the 25[Assistant Commissioner of Customs or Deputy
Commissioner of Customs] may remit the duty on such deficiency. 
 (2)This section applies to such warehoused goods as the Central Government, having regard
to the volatility of the goods and the manner of their storage, may, by notification in the
Official Gazette, specify.
SECTION 71.  Goods not to be taken out of warehouse except as provided by this Act. - No
warehoused goods shall be taken out of a warehouse except on clearance for home
consumption or 26[export], or for removal to another warehouse, or as otherwise provided by
this Act. 
SECTION 72.  Goods improperly removed from warehouse, etc. - (1) In any of the following
cases, that is to say, - 
(a)     where any warehoused goods are removed from a warehouse in contravention of
section 71;
(b)     where any warehoused goods have not been removed from a warehouse at the
expiration of the period during which such goods are permitted under section 61 to remain in
a warehouse;
27[(c) * * *]
(d)     where any goods in respect of which a bond has been executed under 28[section 59
29[***] ] and which have not been cleared for home consumption or 30[export or] are not
duly accounted for to the satisfaction of the proper officer,
the proper officer may demand, and the owner of such goods shall forthwith pay, the full
amount of duty chargeable on account of such goods together with 31[interest, fine and
penalties] payable in respect of such goods.
(2)   If any owner fails to pay any amount demanded under sub-section (1), the proper officer
may, without prejudice to any other remedy, cause to be detained and sold, after notice to the
owner (any transfer of the goods notwithstanding) such sufficient portion of his goods, if any,
in the warehouse, as the said officer may 32[deem fit].
SECTION 73.   Cancellation and return of warehousing bond. - When the whole of the goods
covered by any bond executed under 28[section 59 29[***]] have been cleared for home
consumption or exported or 33[transferred or] are otherwise duly accounted for, and when all
amounts due on account of such goods have been paid, the proper officer shall cancel the
bond as discharged in full, and shall on demand deliver it, so cancelled, to the person who has
executed or is entitled to receive it. 
34[SECTION 73A. Custody and removal of warehoused goods.  - (1) All warehoused goods
shall remain in the custody of the person who has been granted a licence under section 57 or
section 58 or section 58A until they are cleared for home consumption or are transferred to
another warehouse or are exported or removed as otherwise provided under this Act.
(2) The responsibilities of the person referred to in sub-section (1) who has custody of the
warehoused goods shall be such as may be prescribed.
(3) Where any warehoused goods are removed in contravention of section 71, the licensee
shall be liable to pay duty, interest, fine and penalties without prejudice to any other action
that may be taken against him under this Act or any other law for the time being in force.]

1. Substituted for section 57 (w.e.f. 14-5-2016) by sec. 124 of the Finance Act, 2016 (28 
of 2016).  Earlier section 57 was amended by section 50 of Act 22 of 1995 (w.e.f. 26-5-1995)
and by sec. 100 of Act 27 of 1999(w.e.f. 11-5-1999). Section 57, before substitution by the
Finance Act, 2016, stood as under: 

“57. Appointing of public warehouses. - At any warehousing station, the Assistant

Commissioner of Customs or Deputy Commissioner of Customs may appoint public
warehouses wherein dutiable goods may be deposited”.

2. Section 58, 58A and 58B substituted for section 58 (w.e.f. 14-5-2016) by section 125 
of the Finance Act, 2016 . Earlier section 58 was amended by section 5 of Act 55 of 1991
(w.e.f. 23-12-1991); by section 50 of Act 22 of 1995 (w.e.f. 26-5-1995) and by section 100 of
Act 27 of 1999  (w.e.f. 11-5-1999). Section 58, before substitution by the Finance Act, 2016,
stood as under:  
    “ 58. Licensing of private warehouses. - (1) At any warehousing station, the Assistant
Commissioner of Customs or Deputy Commissioner of Customs may license private
warehouses wherein dutiable goods imported by or on behalf of the licensee, or any other
imported goods in respect of which facilities for deposit in a public warehouse are not
available, may be deposited.
      (2) The Assistant Commissioner of Customs or Deputy Commissioner of Customs may
cancel a licence granted under sub-section (1) – 
      (a) by giving one month's notice in writing to the licensee; or 
      (b)if the licensee has contravened any provision of this Act or the rules or regulations or
committed breach of any of the conditions of the licence : 
Provided that before any licence is cancelled under clause (b), the licensee shall be given a
reasonable opportunity of being heard. 
      (3) Pending an enquiry whether a licence granted under sub -section (1) should be
cancelled under clause (b) of sub -section (2), the Assistant Commissioner of Customs or
Deputy Commissioner of Customs may suspend the licence.” 

3. Substituted (w.e.f. 14-5-2016) for section 59 by section 126 of the Finance Act, 2016 (28
of 
2016). Earlier section 59 was amended by section 6 of Act 55 of 1991, (w.e.f. 23-12-1991);
by section 60 of Act 32 of 1994, (w.e.f. 13-5-1994); by section 50 of Act 22 of 1995,                             
(w.e.f. 26-5-1995); by section 100 of Act 27 of 1999, (w.e.f. 11-5-1999) and by section 84 of
Act 10 of 2000, (w.e.f. 12-5-2000). Section 59, before substitution by the Finance Act, 2016,
stood as under:
"59. Warehousing bond.—(1) The importer of any goods specified in [***1 sub-section (1) of
section 61, which have been entered for warehousing and assessed to duty under section 17 or
section 18 shall execute a bond binding himself in a sum equal to twice the amount of the
duty assessed on such goods—
(a) to observe all the provisions of this Act and the rules and regulations in respect of such
goods;
(b) to pay on or before a date specified in a notice of demand,—
(i) all duties, and interest, if any, payable under sub-section (2) of section 61;
(ii) rent and charges claimable on account of such goods under this Act, together with interest
on the same from the date so specified at such rate not below eighteen per cent and not
exceeding thirty-six per cent. per annum, as is for the time being fixed by the Central
Government, by notification in the Official Gazette; and
(c) to discharge all penalties incurred for violation of the provisions of this Act and the rules
and regulations in respect of such goods.

(2) For the purposes of sub-section (1), the Assistant Commissioner of Customs or Deputy
Commissioner of Customs may permit an importer to enter into a general bond in such
amount as the Assistant Commissioner of Customs or Deputy Commissioner of Customs may
approve in respect of the warehousing of goods to be imported by him within a specified
period.
(3) A bond executed under this section by an importer in respect of any goods shall continue
in force notwithstanding the transfer of the goods to any other person or the removal of the
goods to another warehouse:
Provided that where the whole of the goods or any part thereof are transferred to another
person, the proper officer may accept a fresh bond from the transferee in a sum equal to twice
the amount of duty assessed on the goods transferred and thereupon the bond executed by the
transferor shall be enforceable only for a sum mentioned therein less the amount for which a
fresh bond is accepted from the transferee."
4. Omitted(w.e.f.13-05-1994) by section 60(4) of the Finance Act 1994 (32 of 1994).Section
59A was earlier (w.e.f. 23-12-1991) inserted by section 7 of Act 55 of 1991.
5. Substituted for section 60 (w.e.f. 14-5-2016) by section 127 of the Finance Act, 2016 (28
of 
2016). Earlier section 60 was amended by Act 55 of 1991, sec. 5 and sec. 6 (w.e.f.                 
23-12-1991) and by Act 32 of 1994, sec. 60(5) (w.e.f. 13-5-1994). Section 60, before
substitution by the Finance Act, 2016, stood as under:
"60. Permission for deposit of goods in a warehouse.—When the provisions of section 59
have been complied with in respect of any goods, the proper officer may make an order
permitting the deposit of the goods in a warehouse."
6. Inserted by section 82 (w.e.f. 29-3-2018) of Finance Act, 2018 (13 of 2018).
7. Substituted for section 61 (w.e.f. 14-5-2016) by section  128 of the Finance Act, 2016 (28
of 2016). 
Earlier section 61 was amended by section  9 of  Act 25 of 1978, (w.e.f. 1-7-1978); by 
section 50 of Act 11 of 1983 (w.e.f. 13-5- 1983); by section 38 of Act 21 of 1984, (w.e.f. 11-
5-1984); by section 5 of Act 80 of 1985, (w.e.f. 27-12-1985); and by section 8 of Act 55 of
1991, (w.e.f. 23-12-1991); and was substituted by section 60(6) of Act 32 of 1994, (w.e.f. 13-
5-1994) and amended by section 50 of Act 22 of 1995, (w.e.f. 26-5-1995); by section 106 of
Act 14 of 2001, (w.e.f. 1-6-2001); by section 113 of Act 32 of 2003, and by section 78 of Act
25 of 2014, (w.e.f. 6-8-2014). Section 61, before substitution by the Finance Act, 2016, read
as under:
"61. Period for which goods may remain warehoused.—(1) Any warehoused goods may be
left in the warehouse in which they are deposited or in any warehouse to which they may be
removed,—
(a) in the case of capital goods intended for use in any hundred per cent. export oriented 
undertaking, till the expiry of five years;
(aa) in the case of goods other than capital goods intended for use in any hundred per cent.
export-oriented undertaking, till the expiry of three years; and
(b)in the case of any other goods, till the expiry of one year,
after the date on which the proper officer has made an order under section 60 permitting the
deposit of the goods in a warehouse:
Provided that—
(i) in the case of any goods which are not likely to deteriorate, the period specified in clause
(a) or clause (aa) or clause (b) may, on sufficient cause being shown, be extended—
(A) in the case of such goods intended for use in any hundred per cent. export-oriented
undertaking, by the Principal Commissioner of Customs or Commissioner of Customs, for
such period as he may deem fit; and
(B) in any other case, by the Principal Commissioner of Customs or Commissioner of
Customs, for a period not exceeding six months and by the Principal Chief Commissioner of
Customs or Chief Commissioner of Customs for such further period as he may deem fit;
(ii) in the case of any goods referred to in clause (b), if they are likely to deteriorate, the
aforesaid period of one year may be reduced by the Principal Commissioner of Customs or
Commissioner of Customs to such shorter period as he may deem fit:
Provided further that when the licence for any private warehouse is cancelled, the owner of
any goods warehoused therein shall, within seven days from the date on which notice of such
cancellation is given or within such extended period as the proper officer may allow, remove
the goods from such warehouse to another warehouse or clear them for home consumption or
exportation.
(2) Where any warehoused goods—
(i) specified in sub-clause (a) or sub-clause (aa) of sub-section (1), remain in a warehouse
beyond the period specified in that sub-section by reason of extension of the aforesaid period
or otherwise, interest at such rate as is specified in section 47 shall be payable, on the amount
of duty payable at the time of clearance of the goods in accordance with the provisions of
section 15 on the warehoused goods, for the period from the expiry of the said warehousing
period till the date of payment of duty on the warehoused goods;

(ii) specified in sub-clause (b) of sub-section (1), remain in warehouse beyond a period of
ninety days, interest shall be payable at such rate or rates not exceeding the rate specified in
section 47, as may be fixed by the Board, on the amount of duty payable at the time of
clearance of the goods in accordance with the provisions of section 15 on the warehoused
goods, for the period from the expiry of the said ninety days, till the date of payment of duty
on the warehoused goods:

Provided that the Board may, if it considers it necessary so to do in the public interest, by
order and under circumstances of an exceptional nature, to be specified in such order, waive
the whole or part of any interest payable under this section in respect of any warehoused
goods:
Provided further that the Board may, if it is satisfied that it is necessary so to do in the public
interest, by notification in the Official Gazette, specify the class of goods in respect of which
no interest shall be charged under this section.
Explanation.—For the purposes of this section, "hundred per cent. export-oriented
undertaking" has the same meaning as in Explanation 2 to sub-section (1) of section 3 of the
Central Excises and Salt Act, 1944 (1 of 1944)."
8. Section 62 omitted (w.e.f. 14-5-2016) by section 129 of the Finance Act, 2016 (28 of
2016). 
Section 62, before omission, stood as under:
"62. Control over warehoused goods.—(1) All warehoused goods shall be subject to the
control of the proper officer.
(2) No person shall enter a warehouse or remove any goods therefrom without the permission
of the proper officer.
(3)  The proper officer may cause any warehouse to be locked with the lock of the Customs
Department and no person shall remove or break such lock.
(4) The proper officer shall have access to every part of a warehouse and power to examine
the goods therein.".
9. Section 63 omitted (w.e.f. 14-5-2016) by section 129 of the Finance Act, 2016 (28 of
2016). Earlier section 63 was amended (w.e.f. 26-5-1995)by , section 50 of  Act 22 of
1995and by section 78 of Act 25 of 2014, (w.e.f. 6-8-2014). Section 63, before omission by
the Finance Act, 2016, stood as under:
"63. Payment of rent and warehouse charges.—(1) The owner of any warehoused goods shall
pay to the warehouse-keeper rent and warehouse charges at the rate fixed under any law for
the time being in force or where no rates are so fixed, at such rate as may be fixed by the
Principal Commissioner of Customs or Commissioner of Customs.
(2) If any rent or warehouse charges are not paid within ten days from the date when they
became due, the warehouse-keeper may, after notice to the owner of the warehoused goods
and with the permission of the proper officer cause to be sold (any transfer of the warehoused
goods notwithstanding) such sufficient portion of the goods as the warehouse ¬keeper may
select.".
10. Substituted by section 130 of the Finance Act, 2016 (28 of 2016) for section 64 (w.e.f.
14-5-2016) . Section 64, before substitution, stood as under:
"64. Owner's right to deal with warehoused goods.—With the sanction of the proper officer
and on payment of the prescribed fees, the owner of any goods may either before or after
warehousing the same—
(a) inspect the goods;
(b) separate damaged or deteriorated goods from the rest;
(c) sort the goods or change their containers for the purpose of preservation, sale, export or
disposal of the goods;
(d) deal with the goods and their containers in such manner as may be necessary to prevent
loss or deterioration or damage to the goods;
(e) show the goods for sale; or
(f) take samples of goods without entry for home consumption, and if the proper officer so
permits, without payment of duty on such samples."
11. Substituted (w.e.f. 14-5-2016) by section 131 of the Finance Act, 2016 (28 of 2016), for
"With the sanction of the Assistant Commissioner of Customs or Deputy Commissioner of
Customs and subject to such conditions and on payment of such fees". Earlier the above said
words were amended by section 50 of Act 22 of 1995, (w.e.f. 26-5-1995) and by section 100
of Act 27 of 1999, (w.e.f. 11-5-1999).
12. The words "without payment of duty" omitted (w.e.f. 23-12-1991)by section 5 of Act 55
of 1991.
13. Substituted (w.e.f. 14-5-2016) by section 132(i) of the Finance Act, 2016 (28 of 2016),
for "The importer of any warehoused goods may clear them".
14. Substituted (w.e.f. 14-5-2016) by section 132(ii) of the Finance Act, 2016 (28 of 2016),
for clause (b). Before substitution, Clause (b) stood as under:
"(b) the import duty leviable on such goods and all penalties, rent, interest and other charges
payable in respect of such goods have been paid; and".
15. Inserted (w.e.f. 14-5-2003)by section 114 of Act 32 of 2003.
16. Substituted by section 83 (w.e.f. 29-3-2018) of Finance Act, 2018 (13 of 2018), for
“Provided that”.
17. The words "rent, interest, other charges and" omitted (w.e.f. 14-5-2016) by section
132(iii) of the Finance Act, 2016 (28 of 2016). 
18. Inserted (w.e.f. 18-4-2006) by section 59 of the Act 21 of 2006.
19. Substituted by section 83 (w.e.f. 29-3-2018) of Finance Act, 2018 (13 of 2018), for
“Provided further that”.
20. Substituted (w.e.f. 14-5-2016) by section 133(i) of the Finance Act, 2016 (28 of 2016),
for "exportation".
21. Substituted by section 103 of the Finance Act, 2017 for clause (a). Earlier clause (a) was
substituted (w.e.f. 10-5-2013) by section 74 of the Act 17 of 2013. Clause (a), before
substitution, stood as under:
"(a) a shipping bill or a bill of export in the prescribed form or a label or declaration
accompanying the goods as referred to in section 82 has been presented in respect of such
goods;".
22. Substituted (w.e.f. 14-5-2016) by section 133(ii)(A) of the Finance Act, 2016 (28 of
2016), for clause (b). Clause (b), before substitution, stood as under:
"(b) the export duty, penalties, rent, interest and other charges payable in respect 
of such goods have been paid; and".
23. Substituted (w.e.f. 14-5-2016) by section 133(ii)(B) of the Finance Act, 2016 (28 of
2016) for "exportation".
24. Inserted by section 84 (w.e.f. 29-3-2018) of Finance Act, 2018 (13 of 2018).
25. Substituted (w.e.f. 11-5-1999) by section 100 of the Act 27 of 1999,for "Assistant
Commissioner of Customs". Earlier the words "Assistant Commissioner of Customs" were
substituted (w.e.f. 26-5-1995) by section 50 of the Act 22 of 1995, for the words "Assistant
Collector of Customs".
26. Substituted (w.e.f. 14-5-2016) by section 134 of the Finance Act, 2016 (28 of 2016), for
"re-exportation".      
27. Clause (c) omitted (w.e.f. 14-5-2016) by section 135(a)(i) of the Finance Act, 2016 (28 of
2016). Clause (c), before omission, stood as under:
"(c) where any warehoused goods have been taken under section 64 as samples  without
payment of duty;".
28. Substituted (w.e.f. 23-12-1991) by section 9 of Act 55 of 1991, for "section 59".
29. The words, figures and letter "or section 59A" omitted (w.e.f. 13-5-1994) by section
60(5) of Act 32 of 1994.
30. Substituted (w.e.f. 14-5-2016) by section 135(a)(ii) of the Finance Act, 2016 (28 of 2016)
for "exportation". 
31. Substituted (w.e.f. 14-5-2016) by section 135(a)(iii) of the Finance Act, 2016 (28 of
2016) for "all penalties, rent, interest and other charges" 
32. Substituted (w.e.f. 14-5-2016) by section 135(b) of the Finance Act, 2016 (28 of 2016),
for "select".
33. Inserted (w.e.f. 14-5-2016)by section 136 of the Finance Act, 2016 (28 of 2016).
34. Inserted (w.e.f. 14-5-2016) by section 137 of the Finance Act, 2016 (28 of 2016).