Extend of custodianship for handling of bulk import cargo granted for five years - Provisions of Regulation 10(2) and 10(3) of the HCCAR, 2009 adhered. - Customs - 10/2018

OFFICE OF THE COMMISSIONER OF CUSTOMS NEW CUSTOMS HOUSE, PANAMBUR, MANGALURU 575 010 www.customsmangalore.gov.in Phone No: 0824-2408164 E-Mail ID: [email protected] Fax No: 0824-2407100 C. No. S-21/04/2011 CH Pt. III Date: 04.04.2018 PUBLIC NOTICE NO. 10/2018 M/s. Udupi Power Corporation Limited (subsidiary of Adani Power Limited), had been vide Public Notice No. 09/2012 dated 16.03.2012, as amended vide Public Notice No. 12/2013 dated 21.03.2013 were approved, as the custodian of Berth No. 15 of NMPT, Panambur, for handling of bulk import cargo, under Section 45 (1) of the Customs Act, 1962, which was valid up to 31.01.2018. 2. M/s. Udupi Power Corporation Limited vide letter Ref no. UPCL/PLANT/O M/FM/2017-18/2194 dated 12.01.2018, have furnished an application in Form-A, as prescribed under Regulation 13 of Handling of Cargo in Customs Areas Regulations(HCCAR), 2009, for renewal as the Customs Cargo Service Provider(CCSP)/custodian of Berth No. 15 of NMPT, Panambur, for handling of bulk import cargo. The custodian has executed a Custodian Bond dated 12.01.2018, undertaking to abide by the conditions specified in Handling of Cargo in Customs Area Regulations (HCCAR), the provisions of Customs Act, 1962 and all the Rules, Regulations, Circulars and Notifications made there under. The Bond stands valid from 01.02.2018 to 31.01.2023. Further, the custodian has also executed Import Continuity Bond dated 12.01.2018, for a sum of ₹ 15 Crores, as per Regulation 5(3) of HCCAR, 2009, read with Circular No. 42/2016 Customs dated 31.08.2016 and Notification No. 115/2016 (N.T.) dated 26.08.2016 and executed Bank Guarantee No. 74/2012 dated 07.03.2012 for ₹ 1,50,00,000/- (Rupees One crore and fifty lakhs only), which was renewed up to 31.03.2023. Further, the custodian has also furnished copy of insurance for an amount of ₹ 215.99 Lakhs, issued by Reliance General Insurance Co. Ltd, for insuring the cargo and handling by them in five Port locations including Mangaluru Port, which is valid till 07.12.2018, as per Regulation 5(1) (iii) of HCCAR, 2009. 3. Now therefore, in exercise of the powers vested under Section 45 (1) of the Customs Act, 1962, (52 of 1962), I, Dr. M. Subramanyam, Commissioner of Customs, Mangaluru, do hereby extend the custodianship of M/s. Udupi Power Corporation Limited (UPCL) for five years, as per the provisions of Regulation 10(2) and 10(3) of the HCCAR, 2009 ie, up to 31.01.2023 or until further orders, whichever is earlier, subject to validity of the bank guarantee, insurance and other relevant documents, , in accordance with the provisions laid down under the Customs Act, 1962 and any other laws, rules and regulations, notifications, instructions, circulars, public notices made there under, subject to the following conditions: (i) M/s. Udupi Power Corporation Limited (UPCL), as the custodian of Berth No. 15 of NMPT, Panambur, for handling of bulk import cargo, shall comply with the provisions of Section 45(2) and 45 (3) of the Customs Act, 1962 and Handling of Cargo in Customs Areas Regulations, 2009 as well as any other rules and regulations and instructions issued thereon from time to time, in this regard. (ii) If any imported goods are pilfered or lost after unloading in the customs area while in the custody of the custodian, then, in terms of the provisions of Section 45 (3) of the Customs Act, 1962, they shall be liable to pay duty on such goods as applicable. (iii) The CCSP/custodian is responsible for any loss arising on account of fire, theft, pilferage etc and shall make good the loss to the importer and this liability is unambiguously of the CCSP/custodian in any legal proceedings that may follow on account of fire, theft, pilferage etc. (iv) The CCSP/custodian shall also ensure safe transport of the cargo discharged from the vessels and its dispatch after completion of all the Customs and Port formalities and shall be responsible for any pilferage, loss, damage in transit. The custodian shall also remain solely responsible for any legal suits arising out of loss, damage, theft etc. (v) The goods which are not cleared for home consumption or warehoused within 30 days of unloading thereof, at customs stations or within such further time as the proper officer may allow or if the title to any imported or export goods is relinquished, shall not be sold under Section 48 of the Customs Act, 1962, by the CCSP/Custodian unless the permission is sought from the proper officer of the customs. (vi) The CCSP/custodian shall not lease, gift, sell or sublet or in any other manner transfer any of the premises in a customs area; or sub contract or outsource functions permitted or required to be carried out by him in terms of these regulations to any other person, without the written permission of the Commissioner of Customs. (vii) The CCSP/custodian shall publish and display the schedule of charges for the various services provided by him in relation to the imported goods in the customs area. 4. Further, the CCSP/custodian shall provide the following as required under Regulation 5 of Handling of Cargo in Customs Areas Regulations, 2009. (i) Infrastructure, equipment and adequate manpower for loading, unloading, stacking, handling, storage, dispatch and delivery of cargo etc., including: (a) standard pavement for heavy duty equipment for use in the operational and stacking area; (b) fully furnished office accommodation for Customs office, Customs Electronic Data Interchange(EDI) Service Centre, with required amenities and facilities, free of any rent for Customs staff posted exclusively; (c) premises for user agencies with basic amenities and facilities; (d) storage facility for imported 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 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) undertake to bear the cost of the Customs officers posted, at such customs area, on cost recovery basis 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. 5. The CCSP/custodian shall also --- (a) keep a record of import, storage and removal of imported goods and produce such record to the proper officer as and when required; (b) keep a record of each activity or action taken in relation to the movement or handling of imported goods; (c) display or make available in any other manner, information of process or movement or handling of imported goods; (d) demarcate separate areas for unloading of imported goods for their storage or any other criterion as the Commissioner of Customs may specify having regard to the custody and handling of imported goods in a customs area; (e) not permit import cargo to enter the customs area or be unloaded therein without following the documentation/procedures/provisions laid down in Customs Act, 1962 and goods be removed from the customs area, or otherwise dealt with, except under and in accordance with the permission in writing of the proper officer; (f) be responsible for the safety and security of imported and export goods under its custody; (g) be liable to pay duty on goods pilfered after entry thereof in the customs area; (h) be responsible for the secure transit of the goods from the said customs area to the importer s factory premises or any other customs area at the same or any other customs station in accordance with the permission granted by the proper officer; (1) subject to any other law for the time being in force, not charge any rent or demurrage on the goods seized or detained or confiscated by the proper officer; (m) dispose off in the manner specified and within a time limit of ninety days, the imported or export goods lying unclaimed, uncleared or abandoned: Provided that the period of ninety days may be extended by the Commissioner of Customs by such further period as may be allowed, on sufficient cause being shown for delay in the disposal; (n) not make any alteration in the entry or exit points or boundary wall without the permission of the Commissioner of Customs; (o) shall observe the Central Government holidays as followed by the jurisdictional Customs formations and in case of any variation in the working days, intimate the same to Commissioner of Customs and the trade, at least seven days in advance, and (p) abide by all the provisions of the Act and the rules, regulations, notifications and orders issued there under. 6. This renewal of custodianship shall be subject to the following conditions:- i. Compliance of the custodian with legal requirements as stipulated above, as per the provisions of Section 45(2) and 45(3) of the Customs Act, 1962 and Handling of Cargo in Customs Areas Regulations, 2009. ii. Renewal of insurance of the import and storage/handling of cargo issued by Reliance General Insurance Co. Ltd, which is going to expire on 07.12.2018, from time to time and furnishing the same to this office. iii. Payment of cost recovery charges in respect of the Customs officers deployed at the Customs clearance area at the Port or obtaining exemption from the cost recovery charges from DGHRD, New Delhi and furnishing the same to this office. iv. This permission shall not be construed as un-restricted leave to the custodian to delegate any function of the custodian to a person, firm or company other than those specified herein above. v. All charges from the users of the services shall be collected by the custodian only and the custodian has to pay for the activities outsourced. 7. This approval given is without prejudice to cancellation for contravention of any expressly stated provisions or other relevant provisions. (DR.M.SUBRAMANYAM) COMMISSIONER