Chapter VII - Clearance of imported and export goods
Section 51
Section 51: Clearance for exportation
Section 51 governs the Customs order that permits clearance and loading of goods for export. The proper officer checks that the goods are not prohibited and duty or charges, if any, have been paid.
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This article is for general information. Refer to the Customs Act, 1962 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) Where the proper officer is satisfied that any goods entered for export are not prohibited goods and the exporter has paid the duty, if any, assessed thereon and any charges payable under this Act in respect of the same, the proper officer may make an order permitting clearance and loading of the goods for exportation: Provided that such order may also be made electronically through the customs automated system on the basis of risk evaluation through appropriate selection criteria: Provided further that the Central Government may, by notification in the Official Gazette, permit certain class of exporters to make deferred payment of said duty or any charges in such manner as may be provided by rules.
(2) Where the exporter fails to pay the export duty, either in full or in part, under the proviso to sub-section (1) by such due date as may be specified by rules, he shall pay interest on said duty not paid or short-paid till the date of its payment at such rate, not below five per cent and not exceeding thirty-six per cent per annum, as may be fixed by the Central Government, by notification in the Official Gazette.
Key takeaways
Export release gate
Goods entered for export may be cleared and loaded only after the proper officer’s order.
Conditions
The officer must be satisfied that the goods are not prohibited and assessed export duty or charges have been paid where applicable.
Electronic route
The Act allows the export clearance order through the automated system using risk evaluation.
Export release gate
Goods entered for export may be cleared and loaded only after the proper officer’s order.
Conditions
The officer must be satisfied that the goods are not prohibited and assessed export duty or charges have been paid where applicable.
Electronic route
The Act allows the export clearance order through the automated system using risk evaluation.
Practical checklist
Do
- Verify all licences and product-specific export restrictions.
- Reconcile export duty or charges before requesting clearance.
- Retain the clearance/loading order as evidence for shipping and drawback records.
Frequently asked questions
Does a shipping bill alone authorise loading?
No. Section 51 requires an order permitting clearance and loading.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026