Notification No.
96/2010 - Customs (N.T.) dated 12.11.2010
Amendments in the Handling of Cargo in Customs Areas Regulations, 2009
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 Courier Handling of Cargo in Customs Areas Regulations, 2009, (herein
after 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 17th
March, 2009 was published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i), dated the 17th March, 2009 vide number G.S.R.
174(E), dated the 17th March, 2009. ]
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