Appointment of M/S. Transworld Terminals Private Limited located at P-66A, Karl Marx Sarani (Behind ITC Cigarette Factory), Kolkata - 700 043 as the Custodian of the imported goods/export goods in FCL/LCL Containers - Customs - PUBLIC NOTICE NO. 07/2019

GOVERNMENT OF INDIA OFFICE OF COMMISSIONER OF CUSTOMS (PORT) CUSTOM HOUSE. 15/1. STRAND ROAD, KOLKATA 700001 F. No. S37(Misc)-21/2016(SOA) Dated: 24-01-2019 PUBLIC NOTICE NO. 07/2019 Sub: Appointment of M/S. Transworld Terminals Private Limited located at P-66A, Karl Marx Sarani (Behind ITC Cigarette Factory), Kolkata - 700 043 as the Custodian of the imported goods/export goods in FCL/LCL Containers In exercise of the power conferred under Section 45(1) of the Customs Act, 1962 read with Section 141(2) of the Customs Act, 1962, I, Manish Chandra, Commissioner of Customs (Port), do hereby appoint M/S. Transworld Terminals Private Limited located at P-66A, Karl Marx Sarani (Behind ITC Cigarette Factory), Kolkata - 700 043 as the Custodian of the imported goods/export goods in FCL/LCL Containers as well as import/export of Over-Dimension/ Break bulk cargo or any class of such goods from/through Kolkata/Haldia Port, including storage / handling of Nepal / Bhutan Cargo in transit for export/import from/to Nepal/Bhutan from the said Container Freight Station (CFS) which has been notified as Customs Area under the provisions of Section 8 of the Customs Act, 1962 vide this Commissionerate Notification No. 05/2018 dated 24.10.2018. 2. M/S. Transworld Terminals Private Limited shall execute a Bond of ₹ 70.94 Crores (Rupees Seventy Crores and Ninety Four Lakhs) with surety for the safety, storage and transshipment of the goods. The bond value shall however, be subject to the satisfaction of the Commissioner of Customs (Port) or his authorized Officer who will periodically review the performance of the Custodian. The value of the bond shall be renewed thereafter as per the terms of extension of Custodianship. Bank Guarantee has been waived initially for a period of 2(two) years as the Custodian is AEO-LO status holder bearing Certificate No.iNAAACM3711HD0003316 dated 28.7.2016. 3. Insurance of all the goods held in CFS, except for those goods that have already been insured by the Importer/ Exporter, shall be made by the Custodian. The Custodian is responsible for any loss arising on account of fire/theft or any other accidents. The Custodian shall submit an insurance coverage of ₹ 195.90 Crores (Rupees One Hundred Ninety Five Crores and Ninety Lakhs) for a period of I(One) year which will be reviewed periodically under the provisions of Regulation 5(1)(iii) of Handling of Cargo in Customs Areas Regulations, 2009 . 4. The Custodian shall indemnify the Commissioner of Customs for 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 the receipt, storage, delivery, dispatch, handling of imported or export goods or otherwise under the provisions of Regulation 5(6) of the Handling of Cargo in Customs Areas Regulations, 2009 . 5. (i) M/S. Trans world Terminals Private Limited as the Custodian of the goods meant for import/export will comply with the provisions of Section 45(2) of the Customs Act, 1962 as well as the rules, regulation and instructions issued from time to time on the subject relating to Handling of Cargo in the CFS governed by Handling of Cargo in Customs Areas Regulations, 2009 . (ii) In terms of the Regulation 6(2) of the Handling of Cargo in Customs Areas Regulations, 2009 , the Custodian/Customs Cargo Service Provider (CCSP) approved for custody of imported or export goods and for handling of such goods 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, as the case may be. (iii) 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, the Custodian shall be liable to pay duty or other charges as leviable on such pilfered or lost goods. (iv) The imported goods which are not cleared for home consumption or 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 to the goods under Section 23(2) of the Customs Act, 1962; the said goods shall be sold by the Custodian under the provisions of Section 48 of Customs Act, 1962 after obtaining No Object Certificate from the Proper Officer of Customs. (v) The Custodian shall provide free furnished office space to the Customs Department and Gate Office in the said Area with adequate communication equipment and office furniture for Customs to check exit/entry of Cargo. The Customs Office at entry/exit gate has to be provided with EDI connectivity. The Custodian shall also make adequate arrangements for sanitary, canteen and other allied facilities for the Custom Officers working in the Area. Security of the premises shall be the sole responsibility of the Custodian and its cost has to be borne by them. (vi) The Custodian shall undertake to bear the cost of the Customs officers posted at such Customs Area by the order of Commissioner of Customs (Port) 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, Ministry of Finance under Regulation 5(2) of Handling of Cargo in Customs Areas Regulations, 2009 . (vii) The Custodian shall not charge any rent, demurrage on the goods detained by the Customs/Directorate of Revenue Intelligence under the provisions of the Customs Act, 1962 or any other Act for the time being in force. (viii) The Custodian shall provide safe, secured and spacious place for loading / unloading / examination of Containers / Cargo in the CFS. (ix) The Custodian shall provide modern and efficient handling equipments in operational conditions for handling of the Cargo / Containers in the Customs Notified Area. (x) No alteration in the plan of the Customs Area shall be made by the Custodian without the concurrence of the Commissioner of Customs (Port). (xi) The Custodian shall ensure transport of imported/export goods to/from the CFS from/to the port of discharge/port of shipment and shall be solely 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, pilferage, damage, theft etc. (xii) The Custodian shall be responsible for proper receipt, handling and storage of goods and also has to maintain proper records of all such goods. (xiii) The Custodian shall provide adequate infrastructure for computerization and link with the Customs EDI System at the CFS. (xiv) Proper transportation facilities has to be provided by the Custodian for the Customs staff posted at CFS in terms of Regulation 5(b) of the Handling of Cargo in Customs Areas Regulations, 2009 . (xv) Residential accommodation for the Customs Staff posted in the area shall be provided by the Custodian, whenever requisitioned by the Commissioner of Customs (Port). (xvi) The Custodian has to ensure that the time taken for movement of goods between the CFS and Kolkata Port or any other CFS at Kolkata should not exceed two hours. Similarly the time taken for such movement between the CFS and Haldia Port or any other CFS at Haldia should not exceed six hours. The Custodian has to ensure safe transit of the goods. (xvii) In terms of CBEC Circular No.03/2012-Customs dated 01.01.2013 and this Commissionerate Public Notice No.02/2013 dated 29.1.2013, video camera and CCTV systems are to be installed in the Customs Area for security and to prohibit unauthorized access to the premises and the video footage shall be available to the Officers of Customs posted in CFS who shall regularly monitor the same. (xviii) In terms of CBEC Instruction No.F.No.450/19/2005-Cus IV dated 23.7.2013, the CFS Operator/Custodian should provide separate and dedicated storage space meant for fumigation and storage of post fumigated cargo to enable Plant Quarantine Authority to carry out necessary checks for both imported and export consignments. (xix) In terms of CBEC Circular No.4/2011-Customs dated 10.01.2011 read with CBEC Circular No.40/2016-Customs dated 26.8.2016, the CFS Operator/Custodian shall strictly adhere to the guidelines on safety and security of the premises where imported or export goods are loaded, unloaded, handled or stored at their CFS. 6. The said CFS has two more gates apart from Entry and Exit Gate Complex of the Operational Area. Details of the gates of the CFS appended below : (i) Gate at Gate Complex:- Two gates (Entry and Exit Gate) are fixed at the gate complex in between the Gate Office which will be restricted only for EXIM Container movement in the Operational Area. The Gate Complex is used for ICES Gate Module, RFID and CCTV surveillance so that the Customs Preventive Officers shall have the full access of the CCTV and RFID. (ii) Gate at Administrative area: - The main gate of the Administrative area will be exclusively used for entry and exit of authorised persons and their vehicles visiting the CFS only for official purpose. Their movement will be restricted only upto the Administrative Block. Movement of authorised persons between the Administration Block and the Operational area will be subject to security surveillance. A wire mesh gate is operational on the pathway between Administration Area and Operational Area for restricted entry/exit to/from the Administration Area and the Operational Area. The said gate will be under 24X7 security surveillance of the Custodian. (iii) Gate at the rear end of the CFS :- An emergency gate has been constructed at the rear end of the CFS as per the recommendation of the Fire Department. The said gate shall be used as emergency exit of the CFS. The gate should be locked properly and keys are to be kept with Superintendent of Customs (Preventive) posted at the CFS. 7. The Custodian shall also comply with the conditions as enumerated in this Commissionerate Public Notice No. 16/2011 dated 14.03.2011 regarding procedure to be followed by the CFS Operator/Custodian and Public Notice No. 73/2011 dated 26.12.2011 regarding Procedure for movement of imported Cargo in Containers from the Port to CFS. 8. The above Custodian Status under section 45 of the Customs Act, 1962 will be effected from the date of issue of this Public Notice and will initially remain valid for 2(two) years under Regulation 10(1) of Handling of Cargo in Customs Area Regulations, 2009 , 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 an opportunity to the Custodian to explain his case. In terms of Regulation 10(2) of Handling of Cargo in Customs Area Regulations, 2009 , the appointment shall be reviewed before the expiry of initial approval and may be extended for a further period of five years at a time thereafter. 9. The Custodian shall fulfill all the conditions and abide by all the responsibilities under Handling of Cargo in Customs Area Regulations, 2009 ; all the provisions of the Customs Act, 1962 and the Rules, Regulations, Notifications and Orders issued there under. (Manish Chandra) Commissioner of Customs (Port)