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Customs - Board's Circulars05.12.2003

MOT - Recovery of Merchant Over Time (MOT) for rendering services by the Customs Officer beyond working hours and on holidays.

Document Text

Circular No.101/2003-Cus December 5, 2003 F. No. 450/111/2003 – Cus. IV Government of India Ministry of Finance Department of Revenue Central Board of Excise & Customs Subject: Recovery of Merchant Over-Time (MOT) services by hours and on holidays- reg. the Customs Officer for rendering working beyond I am directed to say that as per Regulation 3(1) of the Customs (Fees for Rendering Services by Customs officers ) Regulation , 1998, " any person" can request for the services of Customs officers on payment of specified overtime fees [ Circular No. 68/98-Cus , dated 7.9.98 also refers].The practice till now has been that such requests were being entertained from individual importers/exporters only. 2. The matter has been examined by the Board. It is observed that the scope of the expression "any person" in regulation 3(1) is wide enough to cover even a custodian of ICD, CFS, warehouse , airport or port. In other words, the custodians can also requisition the services of Customs officer on overtime basis on behalf of importers/exporters. As (in advance) per regulation 3(2) by the said custodian. fees will have to be paid the 3. Thus, the request for services of Customs officer beyond working hours can be made either by the individual exporter/importer or the custodian of the ICD,CFS, warehouse, airports or ports. 4. When the custodian makes a request for rendering of services of Customs officers beyond working hours, he will be required to pay only for the block periods for which the services were requisitioned irrespective of the number of importers/exporters documents handled during that period . The custodian , in turn , will, for administrative convenience, the importers/exporters whose work was attended to during this period, irrespective of number of documents of each importer/exporter on the value or weight of the consignments . amongst amount equally divide the all 5. If the request for services is made by individual importers/exporters themselves, the existing practice will continue. 6. Kindly bring the above instructions to the knowledge of all concerned through appropriate Public Notice. 7. Hindi version will follow. D. S. Garbyal Under Secretary to the Govt. of India Phone No. 23094182

Source: Government of India — Customs - Board's Circulars, dated 05.12.2003. Text is machine-extracted for reference; the officially published version prevails. Not legal advice.

HS Codes Referenced

1998200323094182

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