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 ..... -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. Sometime back, Central Vigilance Commission had appointed a committee of Chief Vigilance Officers to examine the reasons of delay in disposing of unclaimed/un-cleared cargo. The committee has observed inordinate delays, complete breakdown of system, substantial loss to the government revenue etc. Accordingly, Board has reviewed the procedure with regard to disposal of un-cleared/un-claimed cargo under section 48 of the Customs Act, 1962 in consultation with CONCOR. The revised procedure for disposal of such cargo shall be as under: - 3. Following procedure with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the concerned Customs Station. (iii) Jurisdictional Commissioner of each customs station shall issue instructions to the officers and staff posted at the station to ensure that details of all goods/shipments which are put on hold for investigation or otherwise by DRI/Preventive/SIIB or any other agency are furnished to the Disposal branch of the customs station and the concerned custodian immediately, under proper receipt and acknowledgement. This will ensure that the Disposal branch and custodian are at all times aware of the goods/shipments/containers for which No Objection Certificate from the concerned agency would be required before initiating disposal process. (iv) From the said list, Customs will segregate shipments which ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are not required to be retained by Customs for any purpose. In doing so, they will associate the Customs in 10% of the consignments for which Customs has already intimated that inventory has to be drawn in their presence for sample check. (vii) Within 7 days of drawing up of inventory, the concerned custodian shall approach the jurisdictional Customs authorities along with the said inventory seeking No Objection Certificate (NOC) in respect of all containers which are to be taken up for auction through the e-auction/tender. 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 v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... officer for assistance in obtaining the said regulatory clearance. If in this process, chemical analysis is required, Customs shall draw the samples and forward the same to the respective agency for testing. The required testing fees or such other charges required to be paid to the concerned agency, shall be paid directly by the concerned custodian to the said agency. The concerned testing agency will be required to submit the test reports within 15 days of receipt of the samples. (x) NOC for such consignments shall be issued by Customs 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der except with the written approval of the jurisdictional Commissioner of Customs. (xiv) The shipment/ lot in respect of which NOC has been given by Customs, shall be taken up for auction. All bids of value equal to or more than the reserve price, or those up to 5% less than the reserve price, 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 same 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Entry) Regulations, 1972 (Regulation 2 3). (xvi) (a) The proper officer of Customs shall assess the goods to duty in accordance with the extant law within 15 days of filing of the Bill of Entry and after assessment inform the amount of duty 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, on payment of dues. 4. 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/uncleared in terms of section 48 of the Customs Act, 1962. It would also be applicable to all uncla ..... X X X X Extracts X X X X X X X X Extracts X X X X
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