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TMI BlogProcedure for disposal of un-claimed/un-cleared cargo under Sec.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 ..... 11.02.1998, 5/2000-cus. dated 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 19.02.2006 regarding procedure and expeditious disposal of unclaimed/ uncleared cargo under section 48 of the Customs Act, 1962. 2. Vide Circular No.49/2018-Cus dated 03.12.2018 CBIC 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 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: 3. (i) The concerned custodian of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 are disputed/ stayed shipments required to be retained for segregate shipments containing motor vehicles or other goods requiring Licence/ Permission/ Certification from DGFT or any other Department. Customs 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. Customs shall also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o 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 3 (i), above. (viii) Customs 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 analysis to identify the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the result of chemical analyses, or report from FSSAI, Drug Controller, Plant Quarantine etc. indicate that the sample is not fit for consumption/usage, Customs shall inform the custodian about the need for destruction of the same and the custodian shall arrange to destroy the same at their expense, after obtaining the requisite environmental and other clearances as per law, Date of the proposed destruction shall be intimated to Customs at least 15 days in advance, to enable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the first auction, subsequent auction should be conducted in a time bound manner and such shipments/lots should be taken up in the next auction. Custodian shall furnish shipment/ lot wise bids received in respect of each au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 section 48 of the Customs Act, 1962. It would also be applicable to all unclaimed/ un-cleared goods brought from outside India before 01.04.2018 (unclaimed/ uncleared for a period not exceeding one year In respect of which: (a) auction process has not started yet; or (b) list of cargo proposed for auction has been sent to Customs by the custodian but Customs has not yet provided the necessary information as referred in the para 3 (i) and 3 (iv) above. 5. The sale proceeds of the auction shall be disbursed as per Section 150 of the Customs Act 1962. 6. In case the entire proc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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