TaxTMI 
TaxTMI 
The Office of the Commissioner of Customs (General), Jawaharlal Nehru Custom House (JNCH), Nhava Sheva, has issued Public Notice No. 79/2026 dated 03 July 2026 to facilitate the storage of imported goods under Section 49 of the Customs Act, 1962 and streamline the issuance of detention and demurrage waiver certificates. The initiative aims to reduce cargo dwell time, minimize logistics costs, and improve the ease of doing business for importers and other stakeholders.
Background
Imported cargo is often delayed due to Customs examinations, investigations, laboratory testing, regulatory approvals, No Objection Certificates (NOCs), or clearances from Participating Government Agencies (PGAs). In many cases, importers either remain unaware of the statutory facility available under Section 49 or apply for it too late. As a result, they incur unnecessary detention and demurrage charges while cargo occupies valuable space in Customs areas.
Recognizing these challenges, JNCH has introduced a structured framework to ensure that importers receive timely information about Section 49 and that applications are processed efficiently.
Timely Intimation to Importers
One of the most significant features of the Public Notice is the mandatory communication requirement. Whenever imported goods are held up due to Customs or statutory processes, the concerned Assistant or Deputy Commissioner must inform the importer or authorized Customs Broker, preferably within one working day. The communication will notify them about the availability of storage under Section 49 and advise them to submit an application wherever appropriate.
Additionally, if goods remain uncleared for more than fifteen days due to Customs hold or within one month of arrival at a Container Freight Station (CFS) without any Section 49 application, the Custodian or CFS must issue a written reminder to the importer. Proper records of all such communications are required to be maintained.
Faster Processing of Section 49 Applications
The Public Notice emphasizes expeditious disposal of applications under Section 49. Customs officers are expected to process complete applications within three working days wherever possible.
In cases involving investigations or approvals from other statutory authorities, Customs may seek comments from the concerned agency. If no response is received within fifteen days, a reminder must be issued. If no response is received within thirty days, Customs may proceed to decide the application based on its merits while considering revenue, security, and regulatory concerns.
Where permission under Section 49 cannot be granted, the reasons must be recorded in writing and communicated to the applicant, thereby ensuring transparency in decision-making.
Review of Prolonged Customs Holds
The Public Notice also directs Customs officers to periodically review cases where imported goods remain under investigation, testing, examination, or other statutory processes for extended periods. This measure is intended to prevent unnecessary delays and ensure that Customs actions remain proportionate and legally justified.
Streamlining Detention and Demurrage Waiver Certificates
Another important aspect of the Public Notice relates to the issuance of detention and demurrage waiver certificates.
The concerned Assistant or Deputy Commissioner, or any authorized officer, will issue waiver certificates after verifying the facts and records. Each certificate must clearly mention:
- The period attributable to Customs detention or regulatory processes.
- The reasons for such detention or hold.
- The status or outcome of the examination, investigation, testing, or PGA clearance, wherever applicable.
- The DIN or e-Office reference number.
The Public Notice reiterates that such certificates must be issued strictly in accordance with the Handling of Cargo in Customs Areas Regulations (HCCAR), 2009, the Sea Cargo Manifest and Transhipment Regulations (SCMTR), 2018, relevant Board Circulars, and existing legal provisions.
Responsibilities of Custodians and Cargo Service Providers
Custodians, Container Freight Stations, Shipping Lines, Shipping Agents, and Customs Cargo Service Providers have been assigned greater responsibility under the Public Notice. They must maintain effective communication with importers, issue timely advisories and reminders regarding Section 49, and preserve records of all communications.
Failure to comply with these obligations may be treated as a violation of Regulation 6 of HCCAR, 2009, and could invite regulatory action under Regulation 11 wherever warranted.
No Automatic Right to Relief
The Public Notice clarifies that it does not confer any automatic or enforceable right to obtain storage permission under Section 49 or waiver of detention and demurrage charges. Each case will continue to be decided based on the applicable legal provisions and the facts of the individual case.
It also makes it clear that the statutory provisions under Section 48 of the Customs Act, relating to the disposal of uncleared goods after the prescribed period, remain unaffected and will continue to operate independently.
Impact on Trade Facilitation
Public Notice No. 79/2026 represents a significant trade facilitation initiative by JNCH. By ensuring early communication with importers, encouraging timely use of Section 49, establishing defined timelines for processing applications, and streamlining the issuance of waiver certificates, the notice is expected to reduce avoidable logistics costs and improve cargo movement through India's busiest container port.
The initiative aligns with the Government of India's National Logistics Policy and Ease of Doing Business agenda by promoting transparency, accountability, and efficiency in Customs administration. If implemented effectively by all stakeholders, the Public Notice has the potential to significantly improve cargo clearance processes while reducing financial burdens on the trading community.
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