The government has proposed making it an offence punishable by up to six months in prison if individuals publish details about the volume and value of individual imported and exported items.
The FY23 Budget proposes the introduction of Section 135AA into the Customs Act through the “Protection of Data” Finance Act.
“If a person publishes under this Act any information concerning the value or classification or quantity of goods exported from or imported into India, or details of the exporter or importer of such goods, unless it is required by any provision to do so Under the current law, he will be jailed for up to six months, or fined up to Rs 50,000, or both.”
It further clarifies that nothing in this section applies to any publications published by or on behalf of the central government. “For the purposes of this section, the term ‘publish’ includes the reproduction of information in print or electronic form and making it available to the public,” it added.
The Explanatory Memorandum for the 2022 Finance Act says Section 135AA will be inserted into the Customs Act to “protect import and export data that importers or exporters submit to Customs in their declarations by publishing such information, unless the law provides otherwise. There are provisions. , as a crime under the Customs Act.”
“Customs import and export data on valuations is classified data. But some people have access to the data and they are publishing it. The amendment now makes it a crime and should be punished,” an administration official said on condition of anonymity Say.
Similar provisions are found in the Collecting Statistics Act, under which it is illegal for the government to collect price and output data and for government employees to disclose any information shared by producers. “The information contained in any information sheet and the answers to any questions asked shall not be released or disclosed separately, and the identity of the informant shall not be withheld from any agency except in prosecution under this Act,” the bill said.
The Act provides that any such act is punishable by a simple jail term of up to six months or a fine of up to Rs 2,000 or, in the case of companies, a fine of up to Rs 10,000, or both.
Complete News Source : Business Standard
