No Demurrage on Customs Seized or Detained Goods

The following Public Notice was issued by the Commissioner of Customs (Export) Jawaharlal Nehru Customs House on 2nd March 2010.

[Customs Public Notice No. 26 dated 2nd March 2010]

Subject: “Handling of cargo in Customs Areas Regulations 2009”.

It has come to the notice of the undersigned that some Customs Cargo Service Providers which includes Custodians of the Container Freight Stations under the jurisdiction of Jawaharlal Nehru Custom House are charging rent/demurrage on the goods seized/detained/confiscated by the proper officer of Customs. This is a violation of the provisions of Regulation 6 (1) (l) of the Handling of Cargo in Customs Areas Regulation, 2009.

Attention of all the Customs Cargo Service Providers (CCSPs) which includes Custodians of the Container Freight Stations is once again invited to Regulation 6 (1) (l) of the Handling of Cargo in Customs Areas Regulation, 2009 which stipulates that “subject to any other law for the time being in force, shall not charge any rent or demurrage on the goods seized or detained or confiscated by the proper officer”. In such cases the CCSPs shall allow the goods on production of a certificate issued from the proper officer (as per the enclosed proforma) certifying such period, without charging and collecting any rent or demurrage for such period. Any violation of the aforesaid Regulations would attract penal action under the Regulations of the Handling of Cargo in Customs Areas Regulation, 2009.

Proforma

This is to certify that the goods declared in the B/E / S/B No. ___________ dated ___________ imported / meant for export / exported vide IGM / EGM No. _________ dated __________ by M/s. ______________ was detained / seized / confiscated by ____________ (name of the investigating unit), Jawaharlal Nehru Custom House, Sheva for the period of _______ days, from ___________ to ____________.

(To be signed by a gazetted Officer of the investigating unit)

[F.No. S/5-Gen-20/2009 CFS Cell]