(1) Subject to the provisions of these rules, the Principal Commissioner or Commissioner, as the case may be of Customs 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 for contravention of any of the provisions of the Act or the rules made thereunder;

(b) persons who have been adjudged by a proper officer to have contravened any of the provisions of the Act, or the rules made thereunder, where -

(i) the persons had, on a previous occasion, been similarly adjudged by the proper officer or convicted by a court; or

(ii) the penalty imposed by the proper officer is ten thousand rupees or above.

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

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

(b) the particulars regarding the penalty imposed; and

(c) where the officer adjudging has directed confiscation under section 111, or section 113, the particulars regarding such confiscation.

Explanation. - In the case of a firm, company or other association of persons, the names of partners of the firm, directors, managing agents, secretaries and treasurers, or the names of the manager of the company or the names of the members of the association, as the case may be, may also be published if, in the opinion of the Principal Commissioner or Commissioner, as the case may be of Customs, 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 in the public interest so to do, direct the Principal Commissioner or Commissioner, as the case may be of Customs to publish the names, addresses and other particulars, specified in sub-rule (2), of any other person who has been held guilty of any contravention of the provisions 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 investigation under the Act, security of the State, friendly relations with foreign States or otherwise in the interest of the general public, so to do, direct the Principal Commissioner or Commissioner, as the case may be of Customs that names of any person or category of persons may not be published.