M/s. Apeejay Infralogistics Pvt. Ltd. appointed as Custodian of FCL/LCL Containers — Conditions - Customs - Public Notice No. 34/2012

Commissioner of Customs (Port), Kolkata Public Notice No. 34/2012 Dated 13-8-2012 Attention of all Importers/Exporters, Steamer Agents, Clearing Agents etc. is hereby invited that in exercise of the power conferred under Section 45(1) of the Customs Act, 1962 , I, Gurdeep Singh, Commissioner of Customs (Port), Custom House, Kolkata hereby appoint M/s. Apeejay Infralogistics Pvt. Ltd. located at J.L. No. 153, Chakdwipa, Haldia, Dist: Purba Medinipur, registered office at Apeejay House, 15, Park Street, Kolkata - 700 016 as the custodian of the FCL/LCL Containers as well as over-dimension break bulk cargo and the imported goods received in containers from Haldia/Kolkata Port and the goods meant for Export through Haldia/Kolkata Port via their Container Freight Station (CPS) at J. L. No. 153, Chakdwipa, Haldia, Dist: Purba Medinipur which has been specified as Customs Area vide Public Notice No. 26/2012 dated 25-6-2012 of this office and any class of such goods in the CPS including the storage/handling of Nepal and Bhutan Cargo in transit for export/import subject to the following condition. 1. M/s. Apeejay Infralogistics Pvt. Ltd. shall execute a bond of ₹ 18.60 crores (Rupees Eighteen Crores Sixty lakh only) with suret-/for the Safety/Storage and Transhipment of the goods and a Bank guarantee of ₹ 1.86 crores (Rupees One Crore Eighty Six lakh only) for a period of 2(two) years with Commissioner of Customs (Port), Custom House, Kolkata or his authorized officer before commencing any Import/Export at the said CPS. The Bond value and the corresponding Bank Guarantee shall, however, be subject to satisfaction of Commissioner of Customs (Port) or his authorized officer who will periodically review the performance of the Custodian. 2. M/s. Apeejay Infralogistics Pvt. Ltd. as the custodian of the goods meant for Import and Export will comply with the provisions of Section 45(2) of the Customs Act, 1962 as well as the rules, regulations and instructions issued from time to time on the subject relating to Handling of Cargo in the CPS governed by Handing of Cargo in Customs Areas Regulations, 2009. 3. M/s. Apeejay Infralogistics Pvt. Ltd. being the custodian of the goods in their Container Freight Station at Haldia will comply with the requirements of the Customs Act, 1962 and the regulations there under or other instructions in respect of Nepal and Bhutan bound cargo as they are required to do in respect of normal import and export cargo for which their CPS has been declared as Customs Area . 4. M/s. Apeejay Infralogistics Pvt. Ltd. will be the custodian as shown above till the Import Goods are cleared for home consumption or in the case of Export Cargo till the containers stuffed with Export Cargo and duly sealed by Customs are deposited with the custody of Haldia Dock Complex/Kolkata Port Trust. 5. Insurance of all the goods held in CFS except; those goods that have already insured by the Importers/exporters, shall be made by the Custodian. The Custodian is responsible for any loss arising on account of fire/theft. 6. If any goods are pilfered or lost while in the custody of the Custodian, then in terms of provisions of Section 45(3) of the Customs Act, 1962 , they shall be liable to pay duty and other charges as leviable on such pilfered/lost goods. 7. The imported goods, which are not cleared for home consumption for warehousing or Transshipment within 30 days from unloading thereof or within such further period, as the proper officer may allow, or the imported goods, to which the Importer relinquished his title as provided in Section 48 of the Customs, 1962 , shall be sold by the Custodian after obtaining NOC from the proper officer of Customs. 8. The Custodian shall provide free furnished office space to the Customs Department it and Gate Office in the said area for customs to check exit of Import cargo with adequate communication equipments and office furniture. They shall also make adequate arrangements for sanitary, canteen and other allied facilities for the Officers working in the area. Security of the premises shall be the responsibility of the Custodian and cost of the security has to be borne by the Custodian. 9. The Custodian shall bear the cost of the Customs Officers posted at the Container Freight Station (CFS) by the Commissioner of Customs on Cost Recovery basis and shall make payments in advance on half yearly basis. 10. The Custodian shall not charge any rent, demurrage on the goods detained by the Customs Department under Customs Act or any other Act for time being in force. 11. The Custodian shall 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. 12. The Custodian shall provide safe, secured and spacious place for Loading/Unloading/examination of containers/cargo in the Container Freight Station (CFS). 13. The Custodian shall provide modern handling equipments in operational condition for handling of the cargo/containers in the Custom Notified Area. 14. No alteration of the plan in the Customs Area shall be made without the concurrence of the Commissioner of Customs (Port), Kolkata. 15. The Custodian shall also ensure transport of Import/Export goods to the port of Shipment and shall be responsible for any pilferage, loss and damage in the transit. The Custodian shall also remain solely responsible for any legal suits arising out of loss, damage, theft etc. 16. The Custodian shall be responsible for proper receipt, handling and storage of goods and also maintain proper records of all such goods. 17. The Custodian shall provide adequate infrastructure for Computerisation link with the customs EDI at Container Freight Station (CFS). 18. The Custodian shall also ensure that the time taken for movement of goods between CFS to Haldia Port, CFS and Kolkata Port and vice versa should not exceed one hour and six hours respectively and ensure safe transit of the goods. 19. Free suitable transport from the nearest suitable point and canteen facilities shall be provided for the Customs Staff by the Custodian. 20. In case the Custodian wants to sublet any of the function inside the Customs Area or connected with the Customs Area, the same should be done with prior approval of the Commissioner of Customs (Port) and the Custodian shall remain responsible for the omissions and commission of the said agency. 21. Residential accommodation for the Customs staff posted in the area shall be provided for by the Custodian, wherever requisitioned by the Commissioner of Customs (Port). 22. The Custodian shall also comply with the Public Notice No. 73/2011, dated 26-12-2011 regarding procedure for movement of Imported Cargo in Containers from the Port to Container Freight Stations (CFS) Public Notice No. 16/2011, dated 14-3-2011 regarding procedure to be followed by the Container Freight Station (CFS). 23. The above Custodian status under Section 45 of the Customs Act, 1962 will be effective from the date of issue of this Public Notice, will initially remain for 2 (two) years and subject to the satisfaction of the Commissioner of Customs (Port). Commissioner of Customs (Port) shall have the right to terminate the appointment at any time after assigning specific reasons and giving and opportunity to the Custodian to explain his case. In terms of provisions contained in para-13 of Handling of Cargo in Customs Areas Regulations, 2009 the appointment shall be reviewed after 2 years and every 5 years thereafter. 24. The custodian will fulfill all the conditions and abide by all the responsibilities under the Handling of Cargo in Customs Areas Regulations, 2009 .