Reduction of Time gap between berthing of vessel and Entry Inward - Customs - PUBLIC NOTICE NO. 19/2018/CCP/JMR

OFFICE OF THE COMMISSIONER, CUSTOMS (PREV.), JAMNAGAR SARDA HOUSE, BEDI BUNDER ROAD, OPP.PANCHAVATI, JAMNAGAR - 361008 F.No.VIII/48-73/Cus-T/2018 Date: 04.06.2018 PUBLIC NOTICE NO. 19/2018/CCP/JMR Sub : Reduction of Time gap between berthing of vessel and Entry Inward Attention of all the Members of Trade and Industry, Shipping Lines, Port Terminal Operators and all other stakeholders are invited to Section 30 (Delivery of Import Manifest) and Section 31 (Imported goods not to be unloaded from vessel until entry inwards granted) of the Customs Act, 1962. For the sake of reference, Section 30 and 31 of the Customs Act, 1962 are reproduced below: SECTION 30 . Delivery of import manifest or import report.- (1) The person-in-charge of - (i) a vessel; or (ii) an aircraft; or (iii) a vehicle, carrying imported goods or any other person as may be specified by the Central Government, by notification in the Official Gazette, in this behalf shall, in the case of a vessel or an aircraft, deliver to the proper officer [an import manifest by presenting electronically prior to the arrival] of the vessel or the aircraft, as the case may be, and in the case of a vehicle, an import report within twelve hours after its arrival in the customs station, in the prescribed form and if the import manifest or the import report or any part thereof, is not delivered to the proper officer within the time specified in this sub-section and if the proper officer is satisfied that there was no sufficient cause for such delay, the person-in-charge or any other person referred to in this sub-section, who caused such delay, shall be liable to a penalty not exceeding fifty thousand rupees:] [Provided that the [Principal Commissioner of Customs or Commissioner of Customs] may, in cases where it is not feasible to deliver import manifest by presenting electronically, allow the same to be delivered in any other manner.] (2) The person delivering the import manifest or import report shall at the foot thereof make and subscribe to a declaration as to the truth of its contents. (3) If the proper officer is satisfied that the import manifest or import report is in any way incorrect or incomplete, and that there was no fraudulent intention, he may permit it to be amended or supplemented. Section 31 reads as:- Section 31. Imported goods not to be unloaded from vessel until entry inwards granted - (1) The master of a vessel shall not permit the unloading of any imported goods until an order has been given by the proper officer granting entry inwards to such vessel. (2) No order under sub-section (1) shall be given until an import manifest has been delivered or the proper officer is satisfied that there was sufficient cause for not delivering it. (3) Nothing in thin section shall apply to the unloading of baggage accompanying a passenger or a member of the crow, mail bags, animals, perishable goods and hazardous goods. 2. Thus a co-joint reading of Sections 30 and 31, it is clear that the vessel can start unloading the goods only after an order/permission/permit led 'Entry Inward in granted by the Customs following submission by the Master or Shipping Agent of the import manifest containing detail of the cargo on board the vessel. 3. The Customs Act provides for filing of IGM in advance of vessel's arrival (Advance IGM), It also provides for filing of a B/E prior to arrival/import of goods. These measures are aimed at ensuring that the documentation etc. is completed well in advance no that the clearance of goods can be expedited. It has been represented that there in gap between the berthing of vessel and commencement of vessel operation (unloading of cargo). as the Entry Inwards is granted only after completion of Boarding formalities by the Boarding Officer. As per the extant procedure, the Entry in granted by the Boarding Officer after completion of boarding formalities. 4. In Older to expedite the grant of Entry Inward, it has been decided to delink Entry Inwards with the physical act of boarding the vessel and then granting Entry Inward in the system, Therefore, Boarding Officer shall ensure that a system is devised no that on receipt of the message regarding the reporting of the vessel at the 'Pilot Station'/ 'Boarding of the Pilot' by the 'Port Control Room' Marine Department, Pipavav the Master of the vessel and recording of the same in their log books and the Vessel Traffic Services(VTS), there should be an automatic message flow / exchange or an e-mail by the 'Port Control Room' to the Customs Boarding Office informing the arrival / reporting of the vessel and at the 'Pilot Station' / 'Boarding of the Pilot' giving the relevant details of vessel which are required for grant of Entry Inwards. Further, when the Shipping Line / Shipping Agent inform the port authorities of the arrival of the vessel, they should also simultaneously inform Customs Boarding Office with relevant details. This would enable the Customs Officers to grant Entry Inwards when the vessel reports at the 'Pilot Station' / 'Boarding of the Pilot'. 5. Pod authorities /Shipping Agent are required to inform the Boarding Officer about of the arrival of the vessel at the Pilot Station along with the requisite details for grant of 'Entry Inwards'. Customs Boarding Office will grant 'Entry Inwards' at the time of reporting of the vessel at the 'Pilot Station' / 'Boarding of the Pilot'. 6. As per the above procedure. the event of 'Entry Inwards' will be advanced to the point of reporting of the vessel at the 'Pilot Station' / 'Boarding of the Pilot', the event of 'Entry Inwards' in the process of arrival of vessel and clearance of imported goods is likely to be advanced. Thus, enabling the vessels to discharge immediately after berthing. 7. The Boarding Officer shall complete the Boarding formalities like verifying of relevant documents and carrying out necessary checks immediately after arrival of vessel: and will take necessary action for any variation / shortcomings / mis-declaration, if any irrespective of the fact that Entry Inward has already been granted in the system. 8 This public notice is applicable only for Pipavav Port and only for containerised cargo vessels. 9 Any difficulties experienced in implementation of this public notice may be brought to the notice of undersigned immediately -sd- (M.K. SRIVATAVA) COMMISSIONER