Duration of protective duties and power of Central Government to alter them

Section 7 of the Customs Tariff Act, 1975 deals with duration of protective duties and power of Central Government to alter them. When the duty specified in respect of any article in the First Schedule is characterised as protective in [Column (5)] of that Schedule, that duty shall have effect only up to and inclusive of the date, if any, specified in that Schedule. The Act came into force on 02 Aug 1976.

(1) When the duty specified in respect of any article in the First Schedule is characterised as protective in ¹[Column (5)] of that Schedule, that duty shall have effect only up to and inclusive of the date, if any, specified in that Schedule.

(2) Where in respect of any such article the Central Government is satisfied after such inquiry as it thinks necessary that such duty has become ineffective or excessive for the purpose of securing the protection intended to be afforded by it to a similar article manufactured in India and that circumstances exist which render it necessary to take immediate action, it may, by notification in the Official Gazette, increase or reduce such duty to such extent as it thinks necessary.

(3) Every notification under sub-section (2), insofar as it relates to increase of such duty, shall be laid before each House of Parliament if it is sitting as soon as may be after the issue of the notification, and if it is not sitting within seven days of its re-assembly, and the Central Government shall seek the approval of Parliament to the notification by a resolution moved within a period of fifteen days beginning with the day on which the notification is so laid before the House of the People and if Parliament makes any modification in the notification or directs that the notification should cease to have effect, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, but without prejudice to the validity of anything previously done thereunder.

(4) For the removal of doubts, it is hereby declared that any notification issued under sub-section (2), including any such notification approved or modified under sub-section (3), may be rescinded by the Central Government at any time by notification in the Official Gazette.

Section 7, The Customs Tariff Act, 1975 (Act 51 of 1975).