Disposal of Unclaimed/uncleared cargo under Section 48 of Customs Act, 1962 by Custodian - reg. - Customs - 14/2010

OFFICE OF THE COMMISSIONER OF CUSTOMS (EXPORT) JAWAHARLAL NEHRU CUSTOM HOUSE, NHAVA-SHEVA URAN, DIST. RAIGAD, NAVI MUMBAI-400707 F. No. S/JNCH-D-205/09-10 DISP(A) Date : 15.02.2010 PUBLIC NOTICE NO. 14/2010 Subject: Disposal of Unclaimed/uncleared cargo under Section 48 of Customs Act, 1962 by Custodian - reg. In order to streamline the procedures for disposal of Unclaimed/uncleared cargo under Section 48 of the Customs Act, 1962 by the custodian, it has been decided that henceforth the following procedures shall henceforth be followed. 2. The Custodian after verifying that the subject consignment is not under hold of any agency will put up the file containing the following details, in duplicate, to the concerned Group for NOC. i. Name of CFS ii. Name Address of Consignor/Consignee iii. IGM/Item No. iv. IGM date v. Bill of lading No. Date vi Container No.(s) vii. Date of arrival of goods viii Description of goods ix. Weight/Quantity/packages x Dates of issuance of notices by the CFS to the Importer xi Details of reply to the notices by importer, if any. 2. Before giving NOC, the concerned Group will verify (i) if Bill of Entry has been filed by the Importer or the matter is under consideration (ii) if the goods are contravening any of the provisions of FTP or any other Rules. The Group will also specify the conditions/requirements, if any, to be complied with such as NOC from PHO/ADC/PQ etc. prior to auction and/or delivery of these goods. The Group will retain the duplicate file and original file will be returned to the Custodian within five days indicating the grant of NOC or otherwise. 3. After the grant of NOC as stated in para 2 above, if the Group proposes to grant extension of time for filing of Bill of Entry under section 48 of the Customs Act, 1962, the Group will immediately inform the Disposal Section as well as the concerned CFS to stop the disposal proceedings. 4(i). After getting the NOC from Group, the Custodian will follow the procedure as specified in Boards Circular No. 50/2005 dated 01.12.2005 and Public Notice No. 65/2005 dated 13.12.2005 for valuation, fixation of reserve price, examination by customs etc. 4(ii) In terms of para 3(v) of the Boards Circular No. 50/2005 dated 01.12.2005 and Public Notice No. 65/2005 dated 13.12.2005, the DC (Docks) will select 10% of the consignments for which detailed inventory shall be made by the Custodian in the presence of customs. 4(iii) The Custodian will then submit the original file containing the following details to the Disposal Section along with complete and detailed inventory, test report, wherever suggested by the Group/Examining Officer: S.No. Name of the Authorized valuer Value suggested by the authorized valuer (Rs.) 5. On receipt of the file, the Disposal Section will allot the file number and will cross verify from the Centralized Module as to whether the consignment is under hold of any agency. It not, the file will be further processed for approving the reserve price, wherever required. The Disposal Section will maintain the details of all such files in a Register in following form and will inform the Custodian within three days of the receipt of file to put up the consignment for auction or otherwise. S.No. Date of receipt of file F.No Name of CFS IGM/Item No Date Description of goods Remarks/Date of NOC/intimation to CFS 6. The Custodian will follow the procedure for auction as specified in Boards Circular No. 50/2005 dated 01.12.2005 and Public Notice No. 65/2005 dated 13.12.2005 and will submit the details of the bids to Disposal Section within the three days of the auction for approval of bids. The disposal section will approve the bids, wherever required, within five days. 7. Standing Order No. 63/2009 dated 23.12.2009 stands modified accordingly. 8. Any difficulty noticed in the implementation of this Public notice may be brought to the notice of the undersigned. 9. This issues with the approval of Chief Commissioner of customs, Mumbai Zone-II. (B. K. SINHA) COMMISSIONER OF CUSTOMS (EXPORT) File No. S/JNCH-D-/- Disp (A) Dated_________ i. Name of CFS ii. Name Address of Consignor/Consignee iii. IGM/Item No. iv. IGM date v. Bill of lading No. Date vi Container No.(s) vii. Date of arrival of goods viii Description of goods ix. Weight/Quantity/packages x Dates of issuance of notices by the CFS to the Importer xi Details of reply to the notices by the importer, if any 2. REPORT OF GROUP: i. Details of B/E, if any, filed BE No. Date Declared AV: Rs. ii. Details of provisions of FTP/other rules, if any, attracted. iii. Compulsory Compliance Requirements (CCR), if any, to be complied with. iv. Remarks Appraising Officer Assistant/Deputy Commissioner Group Group 3. VALAUATION/EXAMINATION REPORT Name of the authorized Valuer Value suggested by the valuer (Rs.) i. ii. Date of Examination by Docks staff Date of Test Report, wherever suggested 4. APPROVAL OF RESERVE PRICE: Contemporary B/E (if B/E not filed by importer) No. Date Port Value as per contemporary B/E Value : Duty : Total : Remarks/special observations, if any Reserve price approved