Customs Series Form No. 45
[See Section 99 of the Customs Act, 1962]
Form of Continuing Bond
KNOW ALL MEN by these presents that we Messrs.................................................. Agents of vessels are held and firmly bound unto the President of India in the sum of Rupees thirty thousand of lawful money of India to be paid to the said President of India, his certain Attorney, successors, and assigns for which payment to be well and truly made we bind ourselves, our heirs and representatives jointly and each of us binds himself, his heirs and representatives severally, firmly by these presents, sealed with our respective seals dated............. day of................... one thousand nine hundred and.................. and each of us the said................................ doth hereby for himself, his heirs and representatives, covenant with the said President of India, his successors and assigns that if any suit shall be brought touching the subject matter of this obligation or the condition hereunder written in any court subject to the Superintendence of the High Court of Judicature at other than the said High Court in its original jurisdiction the same shall and may at the instance of the said President of India be removed into, tried and determined by the said High Court in its extraordinary original civil jurisdiction.
Whereas the above-mentioned Messrs........................... have applied to the Commissioner of Customs................................................ for permission from time to time to Designation changed vide s. 50 of the Finance Act, 1995 (22 of 1995).ship in the coasting vessels under their agency the goods particularised in the relative shipping bills liable to an export duty under the Second Schedule to the Indian Tariff Act, 1934 (32 of 1934), or any other law for the time being in force, or goods the export of which out of India is subject to any restriction, are shipped in a coasting vessel at any customs port or at any place declared to be a port under Section 12 of the Sea Customs Act, from the port of ..................................to other customs ports and whereas the said Commissioner of Customs has agreed to grant permission from time to time for the exportation of the said goods to the port of destination on condition of the said Messrs............................................. and on sufficient security executing this bond as above-written and the said.................................... accordingly as such security agreed to execute the said bond with such condition as hereunder is written. Now the condition of the above written bond is such that if the said............................ his heirs and representatives shall cause the whole of the said goods (particularised in the relative shipping bills) to be duly landed at the port of destination within.................................. days from the date of shipment and shall also procure and deliver to the Commissioner of Customs for the time being at........................ within............... days from the same date a certificate from the Customs Commissioner at the port of destination that the whole of the said goods had been duly landed at the port of destination or in case of any deficiency in the said goods at the port of destination that such deficiency has been duly accounted for to his satisfaction or if the said Messrs........................................ their heirs or representatives or any of them shall in lieu of the delivery of such certificate upon demand by the Customs Commissioner at the port of destination pay or cause to be paid to him on behalf of the said President of India such penalty not exceeding twice the value of the deficiency not accounted for to the satisfaction of the said Customs Commissioner within reasonable period, as may be imposed by the said Customs Commissioner in respect of the said deficiency, then the above-written bond shall be void and of no effect, otherwise to be and to remain in full force and virtue. The said agents of vessels........................................... and the said surety..................................... further agree that any amount due under this bond may be recovered in the manner laid down in sub-section (1) of section 142 of the Customs Act, 1962. And it is hereby declared that any forbearance on the part of the said President of India or any Customs Commissioner or other officer shall not in any way release the said (surety), his heirs and representatives from his or their liability under the above-written bond.
Signed, sealed and delivered by the above-named Messrs........................... in the.................. presence of Assistant Commissioner of Customs.
The signature, addresses and occupation of two witnesses.