Notification No. 96/2010, Dated 12 Nov 2010

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (I)]

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No. 96 / 2010 – Customs (N.T.)

New Delhi, dated the 12^th November, 2010.

G.S.R.  (E). - In exercise of the powers conferred by sub-section (2) of section 141 read with   section 157 of  the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs hereby makes the following regulations further to amend the Handling of Cargo in Customs Areas Regulations, 2009, namely :-

 1.        (1)        These regulations may be called the Handling of Cargo in Customs Areas Amendment Regulations, 2010.

            (2)        They shall come into force on the date of their publication in the Official Gazette.

2.         In the Handling of Cargo in Customs Areas Regulations, 2009, (hereinafter referred to as the said regulations),-

(a)        for regulation 5, the following regulation shall be substituted, namely -

            “5.         Conditions to be fulfilled by Customs Cargo Service provider –  The Customs Cargo Service provider for custody of imported goods or export goods and for handling of such goods in a customs area shall fulfill the following conditions, namely:-

(1)       Provide the following to the satisfaction of the Commissioner of Customs, namely:

(i)         Infrastructure, equipment and adequate manpower for loading, unloading, stacking, handling, stuffing and de-stuffing of containers, storage, dispatch and delivery of containers and cargo etc., including:-

            (a)        standard pavement for heavy duty equipment for use in the operational   and stacking area;

            (b)        free of cost or rent fully furnished office accommodation for Customs,             Customs Electronic Data Interchange (EDI) Service Centre, with required amenities and facilities and residential accommodation and transportation facilities for customs staff;

            (c)        premises for user agencies with basic amenities and facilities;

            (d)        storage facility, separately for imported, export and transshipment goods;

            (e)        gate complex with separate entry and exit;

            (f)         adequate parking space for vehicles;

            (g)        boundary wall;

            (h)        internal service roads;

            (i)         electronic weigh-bridge and other weighing and measuring devices;

            (j)         computerized system for location and accountal of goods, and processing of documents;

(k)         adequate air-conditioned space and  power back up, hardware, networking and other equipment for secure connectivity with the Customs Automated system; and for exchange of information between Customs Community partners;

            (l)         facilities for auction, including by e-auction, for disposal of uncleared, unclaimed or abandoned cargo;

            (m)       facilities for installation of scanning equipment;

            (n)        security and access control to prohibit unauthorized access into the premises, and

(o)        such other facilities as the Commissioner of Customs may specify having regard to the custody and handling of imported or export goods in a customs area;

 (ii)     safe, secure and spacious premises for loading, unloading, handling and storing of the cargo for the projected capacity and for the examination and other operations as may be required in compliance with any law for the time being in force;

 (iii)    insurance for an amount equal to the average value of goods likely to be stored in the customs area based on the projected capacity, and for     an amount as the Commissioner of Customs may specify having regard to the goods which have already been insured by the importers        or exporters.

(2)       Undertake to bear the cost of the Customs officers posted, at such customs area, on cost recovery basis, by the Commissioner and shall make          payments at such rates and in the manner prescribed, unless specifically exempted by an order of the Government of India in the Ministry of Finance;

(3)      Execute a bond equal to the average amount of duty involved on the imported goods and ten per cent of value of export goods likely to be stored in the customs area during a period of thirty days and furnish a bank    guarantee or cash deposit equivalent to ten per cent of such duty:

            Provided that the condition of furnishing of Bank guarantee or cash deposit shall not be applicable to ports notified under the Major Ports Act, 1962 (38 of 1963) or to the Central Government or State Governments or their undertakings;

(4)      Execute a separate bond for an amount equal to ten percent of value of export goods with a bank guarantee for an amount equal to ten percent of the value of the bond, towards the export goods transported from the customs area to any other customs area for export or transshipment, as the case may be;

(5)       Undertake to comply with the provisions and abide by all the provisions of the Act and the rules, regulations, notifications and orders issued thereunder

(6)        Undertake to indemnify the Commissioner of Customs from any liability arising on account of damages caused or loss suffered on imported or      export goods, due to accident, damage, deterioration, destruction or any other unnatural cause during their receipt, storage, delivery, dispatch or otherwise   handling.

(b)        in regulation  6, in sub-regulation (3), after the words “publish and display”, the words “at prominent places including website or webpage of the Customs Cargo Service provider” shall be inserted.

[F. No. 450/41/2010-Cus.IV (Pt.)]

(Navraj Goyal)

Under Secretary to the Government of India

[Note: The principal Notification No.26/2009-Customs (N.T.), dated the 17^th March, 2009 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 17^th March, 2009  vide number G.S.R. 174(E), dated the 17^th March, 2009. ]