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Chapter-10 Arrangement for Informer and Prize

Chapter-10
Arrangement for Informer and Prize

47. Arrangement for reward :

(1) Anybody who capture person(s) smuggling or seeking to smuggle goods or furnish information relating thereto, shall be granted reward at the rate as mentioned below, in case it is  proved that such goods have been smuggled or have been sought to be  smuggled reward shall be paid from the proceeds of the auction of such
goods after the case is settled.

(a) For persons furnishing information about attempts to smuggle goods, Ten percent of the auctioned value;
(b) For persons seizing goods being smuggled and  producing the same along with the smuggler, Thirty percent of the auctioned value.  Provided that, if such goods are gold, silver and ornaments (Jawarahat), Twenty percent of auctioned value.
(c) For persons who only seize and produce goods being  smuggled, Twenty percent of auctioned value.

(2) If the reward for informer has to be given to the government employee pursuant to this Rule, receipt of payment and the copy of the  identity card shall be enclosed in the record. If the informer is not the government employee rather any other individual, receipt of payment and  the copy of the identity card of the individual shall be enclosed in the record.

(3) If the individuals getting reward pursuant to Sub-section (1), are more than one persons, the amount of reward shall be distributed equally.

(4) Notwithstanding anything contained in these Rules, the reward shall not be paid if the informer does not comply with these Rules. Explanation: For the purpose of this Rule “The proceeds of the auction of the goods” means the auctioned value or sales value, which does not include the legal taxes.

48. Informer’s report or information :

(1) Informer’s report or information on export smuggling or import smuggling shall be received before the goods are seized. The information shall not be accepted after the seizure of the goods.

(2) The Informer’s report or information shall be provided to Chief of the Customs office or Director General.

(3) When the Director General receives informer’s report or information pursuant to Sub-rule (2), he/she shall keep the record in writing with his/her own hand and shall inform the chief of the customs office verbally or in writing. The Chief of the Customs Office , after receiving informer’s report or information directly or through Director General, shall keep record confidentially noting the date and time in writing his /her own hand. If the informer’s report or information is received from the person other than Director General, the record shall be maintained as per this procedure in the Rule and inform the same to the Director General immediately.

(4) Director General, after receiving the information as per Sub-rule (3), shall keep confidential record noting time and date.

(5) Before the seizure of the goods, if more than one informer’s report or information is received, the first report or information shall be honored and the rest shall be noted accordingly and filed.

(6) Informer may submit report or information in the fictitious name instead of real name. In case of information on the fictitious name, the informer shall immediately submit the real name and a copy of evidence of proof (Citizenship certificate, identity card or passport) to the Chief of the Customs office. After receiving the evidence, the chief of the customs office shall certify it and put the informer register number and the date and seal it in an envelope with the informer registration number and the date only.

49. Particulars to be included in the information :

(1) Following information shall be included in the information report in case of export or import smuggling through airplanes:

(a) Airplane’s flight number and time
(b) To the extent possible, the export or import smuggler’s name, if not the smuggler’s physical features, and the mode of smuggling;
(c) Place where the goods are hidden, in case of goods hidden in the airplanes,
(d) In case of goods hidden in the cargo, airway bill number of the cargo, description of the goods, consignee’s name, mode of hiding and the place of hiding.

(2) Following information shall be included in the information report in case of export or import smuggling through land route:

(a) If it is transportation vehicle, type of vehicle and number, in case of availability of number;
(b) Name of the goods being smuggled;
(c) Place, date and time of smuggling;
(d) If the goods being smuggled is hidden in some other goods the name of such goods and the mode of hide;

(3) In case of time constraint or for some other reason, if the informer could not be present in person and submit the informer’s report or information to the Director General or the chief of the customs office , the informer may submit such report or information through telephone or fax or email or other means of communication. Immediately after receiving such information, the chief of the customs office shall register it in the informer’s registration book and take action to seize goods. Afterward the informer’s proof of real identity shall be sought and it shall be sealed in an envelope with the informer registration book number pursuant to Sub-rule (6). When the Director General receives informer’s such information, he/she shall keep the record and shall send them to the chief of the customs
office for immediate action.

Explanation: For the purpose of this chapter, “Chief of the Customs Office” also includes the officiating staff of the customs office in case of absence of chief of the customs office.

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