Regarding Customs Overtime
Circular No. 5 dated 17th January 2002
I am directed to invite your attention to the
Customs (Fees for Rendering Services by Customs Officers) Regulations, 1998
which, inter-alia, provides for levy of overtime fee for rendering services by
the Customs officers beyond the normal working hours or at a place beyond the
Customs area. In this connection, it has been represented by the trade that the
collection of overtime fee from each importer/exporter for a minimum of three
hours for same set of officers supervising the gates of the docks is not
justified, as it increases the transaction cost for imports/exports, besides
creating paperwork. They have, therefore, requested for a review of the existing
guidelines for levy of overtime fee.
2. The matter has
been examined by the Government. It has been decided that henceforth, the
practice of collection of overtime fee for the Customs officers posted at the
gates of the docks for supervision of the movement of cargo shall be
discontinued. The decision can be implemented by introducing 24 hours a day, 7
days a week and 365 days a year working for Customs at the gates. In this
connection, your attention is invited to the definition of term "working
hours" provided in the said Regulations, which reads as follows -
"Working hours means the
duty hours prescribed by the Commissioner of Customs in his jurisdiction for
normal customs work and where different working hours have been prescribed by
the said Commissioner for different items of customs work or for different
places within the jurisdiction, such working hours".
From above, it is evident that
the Regulations allow the Commissioner of Customs to prescribe different working
hours for different items of customs work for the purpose of levy of overtime
fee.
3. You are,
therefore, requested to kindly prescribe 24 hours a day, 7 days a week and 365
days a year working for Customs in relation to supervision of movement of cargo
at the gates of the docks. After 24 hours a day, 7 days a week and 365 days a
year working is introduced for Customs at the gates, no overtime fee should be
levied for the supervision of movement of cargo at the gates.
4. These instructions
may be brought to the notice of all concerned by way of issuance of suitable
Public Notice/ Standing Orders.
5.
Difficulties, if any in implementation of these instructions, may be
brought to the notice of the Board. Kindly acknowledge receipt of this Circular.
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