TMI BlogProcedure for disposal of un-claimed/un-cleared cargo under section 48 of the Customs Act, 1962, lying with the custodiansX X X X Extracts X X X X X X X X Extracts X X X X ..... ted 13.01.2000 , 7/2004-cus. dated 28.01.2004 , 50/2005-cus. dated 01.12.2005 , 52/2005-cus. dated 09.12.2005 and 11/2006-Cus. dated 16.02.2006 regarding procedure and expeditious disposal of unclaimed/ uncleared cargo under section 48 of the Customs Act, 1962. 2. The revised procedure for disposal of such cargo lying with custodians, whether in the private or public sector, prescribed vide Board's Circular No. 49/2018- Customs dated 3.12.2018 is as under: - (i) The concerned custodian shall prepare a list of cargo lying unclaimed/ un-cleared in the bonded area of the Customs Station for more than 30 days from the date of arrival of such cargo in the Customs Station. This list shall be sent to the Assistant/ Deputy Commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hipments/containers for which 'No Objection Certificate' from the concerned agency would be required before initiating disposal process. (iv) From the said list, Disposal Section will segregate shipments which are disputed/ stayed shipments required to be retained for investigation/ adjudication /court procedure etc. Disposal Section shall also segregate shipments containing motor vehicles or other goods requiring Licence/ Permission/ Certification from DGFT or any other Department. Disposal Section will furnish to the custodian within 10 days of the receipt of the said list, the details of shipments not to be included in the auction process. Disposal Section shall also choose 10% shipments from the list of shipments segregated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s which are to be taken up for auction through the e-auction. The inventory should have a detailed description of the items, to enable Customs to easily identify the regulatory requirements in respect of the consignments mentioned in the inventory and it shall clearly indicate variation in description of goods with respect to description of goods mentioned in the list already forwarded as per para 2 (i), above. (viii) Customs (Disposal Section) shall examine the list and within 15 days of receipt of such request, intimate to the custodian, details of the listed shipments which can straightway be taken up for auction as they do not require any regulatory clearances (NOC from FSSAI, Drug Controller, BIS etc.), or do not need any chemical a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... testing agency will be required to submit the test reports within 15 days of receipt of the samples. (x) NOC for nut-h %hall be issued by Customs (Disposal Section) only after receipt of the required clearance/result of chemical analysis from the concerned agency, without which the concerned custodian shall not put the said consignment for auction. (xi) In case the result of chemical analyses, or report from FSSAI, Drug Controller, Plant Quarantine ctr.. indicate that the sample is not fit for consumption/usage, Customs (Docks Examination) %hall inform the concerned custodian about the Need for destruction of the tame and the concerned custodian shall arrange to destroy the at their expense, after obtaining the requisite environmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , shall be treated as successful bids for sale of goods. Remaining shipments/ lots of the list shall again be taken up for second auction against the game reserve price. In case, shipments or lots, where bids are not received up to the reserve price, shall again be taken up for third auction against the same reserve price. Unsuccessful shipments/ lots of third auction, in respect of which three auctions have already taken place, shall be considered for fourth auction against the reserve price fixed before the first auction of such shipments/lots, however, in the fourth auction such shipments/lots are to be necessarily sold for the highest bid regardless of the reserve price fixed. In the event of the shipments/ lots not being disposed of in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty payable to the concerned custodian. (b) The auctioned goods shall be handed over to the successful bidder after assessment and out-of-charge orders given by the proper officer (Superintendent of Docks Examination), on payment of dues. 3. The above procedure shall be applicable to cargo, which are unloaded at a Customs Station after being brought from outside India on or after 01.04.2018 and which fall in the category of 'unclaimed/ un-cleared' in terms of 48 of the Customs Act, 1962. It would also be applicable to all unclaimed/ un-cleared goods brought from outside India before 01.04.2018 (unclaimed/ uncleared for a period not exceeding one year In respect of which: (a) auction process has not started yet; or (b) lis ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
