45. Procedure for acquisition of goods.—

(1) The Prescribed Authority or the officer in-charge of a check post before purchasing goods under section 78 of the Act shall ascertain whether there is understatement of value of goods. For this purpose, he shall first find out thirty five per cent of the prevailing market price or maximum retail price (MRP), as the case may be, and deduct the amount so arrived at from the prevailing market price or maximum retail price. If the residual amount so arrived at is more than the total or aggregate of the purchase price as per invoice and the transportation charge, then it shall be a case of under-valuation of goods.

(2) The Prescribed Authority or the officer in-charge of a check post shall serve a notice in Form-67 on the person concerned giving him an opportunity of showing cause against his intention of purchasing the goods. After hearing the person concerned and after examining the written submission, if any, made by him, if the Prescribed Authority or the officer in-charge of the check post is satisfied that there has been an under-valuation of the goods, he shall pass a speaking order for purchasing the goods.

(3) The Prescribed Authority or the officer in-charge of the check post shall take the goods in his possession and arrange for their proper storage. He shall also arrange for payment of the purchase price to the person being dispossessed of such goods. The payment shall be made by way of Bank Draft drawn in favour of the consignee in case of goods imported into the State and in favour of the consignor in case of goods exported outside the State.

(4) The Prescribed Authority or the officer in-charge of the check post shall dispose of the goods so purchased in public auction as per procedure prescribed in sub-rule (5) of rule 40, immediately after such purchase.

(5) In case the highest bid in the public auction is less than the price at which the goods were purchased, the goods shall be put to auction again following the same procedure. If in the second auction also the highest bid, falls short of the purchase price, the Prescribed Authority or the officer in-charge of the check post shall refer the matter to the Commissioner with full particulars of both the auctions and also of the goods.

(6) In case the goods are subject to speedy and natural decay, the Prescribed Authority or the officer in-charge of the check post shall sell such goods in public auction without delay.