Section 57B: Accounting of goods by freight forwarding agent
This section is inserted by Act No 10 of 2017, section 12.
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
57B. Accounting of goods by freight forwarding agent
(1) A freight forwarding agent shall submit to the
Director-General, in respect of any unstuffed consignment at
his premises, electronically or in such other manner as the
Director-General may determine, a return showing the goods
which have been –
(a) manifested and unloaded;
(b) unloaded but not manifested;
(c) short-shipped; and
(d) delivered.
(2) For the purpose of accounting of goods at
the premises of a freight forwarding agent pursuant to
subsection (1), sections 71 and 71A shall apply to that freight
forwarding agent, with such exceptions, modifications and
adaptations as may be necessary.
(l) in section 58 –
(i) in subsection (1) –
(A) by inserting, after the word “Director-General”,
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the words “, electronically or in such other
manner as the Director-General may determine,”;
(B) by adding the following new paragraph, the full
stop at the end of paragraph (c) being deleted
and replaced by the words “; or” and the word
“or” at the end of paragraph (b) being deleted –
(d) removed from the place of
landing.
(ii) in subsection (2), by inserting, after the word
“Director-General”, the words “, electronically or
in such other manner as the Director-General may
determine,”;
(m) in section 61, by repealing subsection (8) and replacing it by
the following subsection –
(8) (a) Notwithstanding this Act, where the
Director-General is of the opinion that any goods referred to
in subsection (1) are of perishable nature or that it is desirable
to do so, he may direct that the goods be forthwith sold by
public auction or public tender, or where the goods have not
been sold, be destroyed at the expense of the owner.
(b) The Director-General may, in respect of –
(i) goods referred to in section 66; or
(ii) abandoned goods or any condemned
goods entered under any customs
procedure,
allow the goods to be exported, disposed of or destroyed at
the expense of the owner.
(c) The Director-General shall, in respect
of the goods referred to in paragraph (b), issue to the owner
of the goods a written notice claiming any amount incurred
by the Authority in terms of rent or charges for the export,
disposal or destruction of the goods.
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(d) (i) Any person who is dissatisfied
with a notice under paragraph (c) may object to the notice in
accordance with section 24A(3).
(ii) The procedure set out in
section 24A(3) and (4) shall apply to an objection made under
subparagraph (i).
(iii) Where the person referred to in
subparagraph (i) is aggrieved by a determination of his
objection, he may lodge written representations with the
Clerk of the Assessment Review Committee in accordance
with section 19 of the Mauritius Revenue Authority Act.
(e) Section 14(2A) shall apply to the recovery
of any amount incurred by the Authority in terms of rent or
charges for the export, disposal or destruction of the goods
referred to in paragraph (b).
(n) in section 66A –
(i) in subsection (1), by inserting, after the word
“exported”, the words “and detain any goods being
sold on the local market,”;
(ii) in subsection (1A) –
(A) in paragraph (a) –
(I) in subparagraph (i), by inserting, after the
word “goods”, the words “imported or
being exported”;
(II) by inserting, after subparagraph (i), the
following new subparagraph –
(ia) detain any goods being sold
on the local market;
(B) in paragraph (b), by adding the words “imported
or being exported or release the goods being
detained under subparagraph (ia)”;
he word
“exported”, the words “and detain any goods being
sold on the local market,”;
(ii) in subsection (1A) –
(A) in paragraph (a) –
(I) in subparagraph (i), by inserting, after the
word “goods”, the words “imported or
being exported”;
(II) by inserting, after subparagraph (i), the
following new subparagraph –
(ia) detain any goods being sold
on the local market;
(B) in paragraph (b), by adding the words “imported
or being exported or release the goods being
detained under subparagraph (ia)”;
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(o) in section 66D(a), by adding the words “or which have been
detained as a result of being sold on the local market”;
(p) by inserting, after section 91, the following new section –
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Questions this section answers
- Must a freight forwarding agent submit a return to Customs on the goods at its premises?