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Procedure for disposal of un-claimed/un-cleared cargo under section 48 of the Customs Act, 1962, lying with the custodians

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..... Trade in general other stakeholders is invited towards the Board's Circular No. 49/2018 dated 03.12.2018 regarding procedure and expeditious disposal of unclaimed/ uncleared cargo under section 48 of the Customs Act, 1962. 2. Following procedure with regard to expeditious disposal of un-claimed/un-cleared cargo lying with custodians, whether in the private or public sector, under section 48 of the Customs Act, 1962, is prescribed as under:- (i) The concerned custodian at the ACC Import, New Delhi shall prepare a list of cargo lying unclaimed/un-cleared in the bonded area of the Customs for more than 30 days from the date of arrival of such cargo in the Import Shed. This list shall be sent to the Commission .....

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..... nch 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 referred at (i) above, received from the Custodian, Disposal Branch will segregate shipments which are disputed/ stayed shipments required to be retained for investigation/ adjudication/court procedure etc. Disposal Branch shall also segregate shipments containing motor vehicles or other goods requiring Licence/ Permission/ Certification from DGFT or any other Department. Disposal Branch will furnish to the custodian within 10 days of the receipt of the said list, the details of shipments not to be includ .....

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..... odian shall approach the Disposal Branch, ACC Import, New Delhi 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 variation in description of goods with respect to description of goods mentioned in the list already forwarded as per para 2 (i), above. (viii) Disposal Branch shall examine the list and within 15 days of receipt of such request, intimate to the custodian, details of the listed shipments wh .....

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..... 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 Disposal Branch 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 analysis, or report from FSSAI, Drug Controller, Plant Quarantine etc. indicate that the sample is not fit for consumption/ usage Disposal Branch shall inform the concerned custodian about the need for d .....

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..... 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 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 fi .....

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..... ith 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 of Customs on payment of dues. 3. The above procedure shall be applicable to cargo, which are unloaded at the Customs Station of Air Cargo Import, New Delhi 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 section 48 of the Customs Act, 1962. It would also be applicable to all unclaimed/un-cleared goods brought from outside India before 01.04.201 .....

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