Eximkey - India Export Import Policy 2004 2013 Exim Policy
RULE 232A. Publication of names and other particulars of persons.-

(1) Subject to the provisions of sub-rule (5), the Commissioner shall, once in every three months, cause to be published in the Official Gazette the names and addresses and other particulars specified in sub-rule (2), of the following categories of persons, namely:-

(a) persons who have been convicted by a court under section 9 of the Act;

(b) persons who have been found by an officer referred to in section 33 of the Act to have contravened any of the provisions of the Act or rules made thereunder and on whom a penalty of ten thousand rupees or more has been imposed by such officer.

(2) The other particulars referred to in sub-rule (1) are:—

(a) the provisions of the Act or rules made thereunder contravened;

(b) the amount of penalty imposed;

(c) the value of excisable goods or other property ordered to be forfeited by a court under section 10 of the Act or adjudged by the officer referred to in section 33 to be confiscated;

(d) amount of fine in lieu of confiscation, if any, imposed under section 34 of the Act;

(e) particulars of any registration certificate revoked under rule 181.

Explanation. - In the case of a firm, company or other association of persons, the names of the partners of the firm, directors, managing agents, secretaries and treasurers or managers of the company, or the members of the association, as the case may be, may also be published if, in the opinion of the Commissioner, the circumstances of the case justify such publication.

(3) Notwithstanding anything contained in sub-rule (1), the Central Government may, if it is satisfied that it is necessary or expedient so to do, direct the Commissioner to publish the names, addresses and other particulars specified in sub-rule (2) of any other person who has been found guilty of contravention of the Act or of any rule made thereunder.

(4) Notwithstanding anything contained in this rule, the Central Government may, if it is satisfied that it is necessary or expedient in the interest of investigations under the Act, security of State or friendly relations with foreign States or otherwise in the interest of general public, so to do, direct the Commissioner that names of any persons may not be published.

(5) No publication under sub-rule (1) shall be made in respect of a person until the period for preferring an appeal under section 35 of the Act or to the first Appellate Court has expired without an appeal having been preferred or such appeal having been filed, has been disposed of.

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