Imp Sup : 23/2004
Exp Sup : 23/2004

PUBLIC NOTICE NO 47/2004, Date : 22.07.2004

Sub : Recovery of Merchant Overtime (MOT) for rendering services by the Customs Officer beyond working hours and on holidays – reg.

1. It has been stipulated by the Board that as per Regulation 3(1) of the Customs (Fees for Rendering Services by Customs Officers) Regulations, 1998 “any persons” can request for the services of Customs Officers on payment of specified overtime fees. The practice till now was to entertain requests from individual importers / exporters only.

2. The matter has been by the Board and it has been observed that the scope of the term “any person” is wide enough to cover even a Custodian of an ICD, CFS, Warehouse, Airport or Port. In other words, Custodian can also requisition the services of the Customs Officer on overtime basis on behalf of Importers / Exporters. As per Regulation 3(2), the prescribed overtime fees will have to be paid in advance by the said Custodian.

3. Thus, the request for services of a Customs Officer beyond working hours can be made either by the individual importer / exporter or by the Custodian of an ICD, CFS, Warehouse, Airport or Port.

4. If an Custodian makes a request for rendering of services of Customs Officers beyond working hours, he will be required to pay only for the block period for which the services are requisitioned irrespective of the number of importers / exporters documents handled during that period. The Custodian, in turn, will for administrative convenience, divide the amount equally amongst all the Importers / Exporters whose work was attended during this period, irrespective of numbers of documents of each importer / exporter or the value or weight of the consignments.

5. If the request for the services of a Customs Officer is made by the individual importers / exporters themselves, then the existing practices will continue.

6. Any difficulties in this regard may be brought to the notice of the undersigned.

(D.S. SRA)
COMMISSIONER OF CUSTOMS (GEN)
MUMBAI – I

(Issued from File No. S/6-B-141/04/CFS M(X)

Presented by eximkey.com