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Chapter-12  Provision relating to service of Notice and time limit (Mayad)

Chapter-12  Provision relating to service of Notice and time limit
(Mayad)

52. Procedure for time limit (Mayad ) :

(1) In order to provide initial time limit in the context of accused, pursuant to Sub-section (1) of  Section 81 of the Act the authorized customs officer shall issue a Notice  of Fifteen days in addition to the travel time for the accused in a format  as prescribed in Schedule-10.
(2) In order to issue Notice to the accused pursuant to Sub-rule (1) above, the Notice shall be served to the accused or member of  his/her family who are of the legal age limit. In case of the accused or  his/her members of the family are not available or the accused or his/her  family members refuse to accept Notice, the notice server shall stick the
Notice at the door of their home or rented house with the Two witnesses  signing the notice and notify the reasons accordingly.
(3) If the notice server does not find the accused person or member of his/her family in the home address or rented house address, he/she shall state the same particulars and stick the notice, in case of  Village Development Committee, in the village development committee office and in case of municipality, in the municipality ward office where  the house or rented house is located, in the absence of such offices in  the public place , in the presence of person of the local body or  representative or Two witnesses. In such a situation, such a notice shall  be considered legally served.
(4) In case of serving the Notice to the firm, company or corporate body, the Notice shall be served to the member of the board, or administrator, or chief of such corporate body or legally authorized  person of such corporate body. In case such person is not available or  the person refuse to accept the notice, the notice server upon, noting the
particulars thereof shall stick the notice at the door of their office with  the two witnesses signing the notice. In such a situation, such a notice shall be considered legally served.
(5) Notwithstanding anything contained in this Rule, the notice served to any person through registered post in the stated address, or in such person’s telefax or email address shall be considered to have been  legally served.
(6) The notice server should serving notice, pursuant to Sub-rule  (2), (3) or (4), shall serve it within Three days in addition to the travel  time.
(7) In case of receiving report stating that notice could not be  served as referred to in Sub-rule (2),(3), (4) or (5); the notice may be served through radio, television, website of the department or the  customs office, and publication or broadcasting in the electronic media  or publication in the national newspaper. In such case of serving notice
through media or broadcast, the notice shall be considered legally  served after Five days of such broadcast or publication.
(8) The customs office shall charge and collect the expenditure  incurred to the service of Notice pursuant to Sub-rule (7) from the  person concerned as government due.

53. Procedure to issue notice :

In case of issuing notice to the person  related to the customs activities or the person who may be so related
customs pursuant to Section 82 of the Act, it shall be given Seven days  notice in addition to the travel time and the notice shall be issued in accordance with the procedure as prescribed in Sub-rule (2), (3) or (4),  (5), (6) or (7).
Provided that, in the case of notice issued pursuant to this Rule, the Sub-rule (8) of Rule 52 shall be applicable.

53A. Notice for the rightful claim :

( 1) If the owner of the goods  deposited in the customs office pursuant to Section 46 of the Act has  been not identified, before the goods are confiscated, a notice shall be  published in the notice board of the customs office, if anyone has  rightful claim on the goods, to be present with the application attaching  the evidence of claim within Seven days from the date of notice in addition to the time to be taken for the journey.
(2) Such a notice as referred Sub-rule (1), shall be sent to the  District Administration office, Revenue Office, District Development  Office, District Treasury office and Federation of Nepalese Chamber of  Commerce and Industry to publish it as a public notice.

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