Transport operator and CFS to be jointly responsible for CMS Scanner damages. - Customs - 54/2009

OFFICE OF THE COMMISSIONER OF CUSTOMS (IMPORTS) CONTAINER SCANNING DIVISION JAWAHARLAL NEHRU CUSTOM HOUSE NHAVA SHEVA, TAL: URAN, DISTT. RAIGAD MAHARASHTRA 400707 F. No. S/V-30/Misc-44/2008 CSD JNCH Dated: 21-08-2009 PUBLIC NOTICE NO. 54/2009 It has been observed that, of late, on a number of occasions, the fixed scanner suffered severe breakdown on account of negligent conduct of trailer drivers. The drivers have been found careless while placing the front wheels of the trailer on the scanning machine (CMS) in the scanning tunnel. This results in the CMS breaking down leading to suspension of the scanning operations for a long time. This, in turn, leads to piling up of containers meant for scanning and ultimately delays in all the containers getting scanned. The trailer drivers have also been found to ignore the driving discipline and jump queue in order to get their containers scanned. This also creates a logjam at the gates of the scanning sites. It has been felt in this regard that the acts of drivers were motivated by malafide intentions i.e., avoid scanning. Due to this kind of neglect on part of the trailer drivers, not only the scanners become non-operational, the trade also suffers delays as containers reach late to respective CFSs. Further, repair of the scanners also involve huge cost and efforts. Accordingly, in case of negligent conduct of a container-laden-trailer-driver leading to breakdown of the scanners, the concerned transport operator and the CFS to which the container belongs will be jointly held responsible. The cost of repair of the scanners will be recovered from the said transport operator and the CFS. Further such acts of neglect will be viewed as an obstruction of an officer of Customs and also be dealt appropriately under the provisions of the Customs Act 1962, IPC 1860 and other relevant laws as are in force. (A. K. DAS) COMMISSIONER OF CUSTOMS (IMPORTS)