Appointment of M/S. Gateway Rail Freight Limited to be the Custodian of the Inland Container Depot at Survey no. 382 Village Bhojwa, Taluka Viramgam, District Ahmedabad (Gujarat) as notified by the Govt of India, Ministry of Finance - 02/2019 - Customs - Non Tariff

प्रधान आयुक्त का कार्यालय , सीमा शुल्क , अहमदाबाद सीमा शुल्क भवन , पहली मंजिल पुराने हाई कोर्ट के सामने , नवरंगपुरा , अहमदाबाद 380009. F. No. VIII/13-140/Cus/T/18 Date: 25.04.2019 NOTIFICATION No. 02/2019 Sub: Appointment of M/S. Gateway Rail Freight Limited to be the Custodian of the Inland Container Depot at Survey no. 382 Village Bhojwa, Taluka Viramgam, District Ahmedabad (Gujarat) as notified by the Govt of India, Ministry of Finance In exercise of the powers conferred under section 45(1) of the Customs Act, 1962 (52 of 1962) I, Sanjay Kumar Agarwal, Principal Commissioner of Customs, Ahmedabad, hereby appoint M/S. Gateway Rail Freight Limited to be the Custodian of the Inland Container Depot at Survey no. 382 Village Bhojwa, Taluka Viramgam, District Ahmedabad (Gujarat) as notified by the Govt of India, Ministry of Finance vide Notification No. 02/2018 - Customs (NT) dated 05.01.2018 and as notified under section 8 of the Customs Act, 1962 by the then commissioner of Customs, Ahmedabad vide notification No. 05/2018 dated 06.12.2018 for unloading of all import goods, loading of all export goods and transhipment goods brought at the said place until these are cleared to home consumption or exported, or are warehoused, or are transhipped in accordance with the provisions of the said Act, subject to the following conditions: 1. The Custodian of the goods meant for import and export goods would be required to comply with the provisions of the Section 45(2) of the Customs Act, 1962 as well as Rules and Regulations and instructions issued from time to time in this regard. 2. The Custodian shall be responsible for proper receipt, handling and storage of goods and also shall be accountable for the loss of imported goods after landing and before clearance as well as meant of export / Transhipment. They shall also maintain proper record of at such goods including the record of goods which are cleared with the permission of the Customs Department, or disposed of under Section 48 or otherwise. 3. If any import/export/transhipment goods are pilfered or lost after unloading in the Customs area in the custody of the Custodian in terms of provisions of section 45 (3) of the Customs Act, 1962. They shall be liable to pay duty on such pilfered goods. 4. The import /export/transhipment goods which are not cleared for home consumption or warehoused or transhipped within 30 days of unloading thereof of Customs station or within such further time as the proper officer may allow or the imported goods to which the imported relinquishes his title as provided in section 23 (2) of the Customs Act 1962, such good shall not be sold under the provisions of section 48 of the Customs Act, 1962 by the Custodian without obtaining permission from the proper officer of Customs. 5. The Custodian shall provide safe, secure clean and spacious places for loading /unloading/storing of the cargo. 6. The Custodian shall provide sufficient modern handling equipment in operational condition for handling the cargo in the notified area. 7. No alteration of the plan in the said Customs area shall be made without the concurrence of the Principal Commissioner of Customs, Ahmedabad. 8. The Custodian shall take insurance for an amount equal to the average value of goods likely to be stored in the customs area based on the projected capacity, 9. The Custodian shall abide by all the rules and regulations under the Customs Act 1962. 10. The Custodian shall execute a bond equal to the average amount of duty involved on the imported goods and ten per cent of value of goods likely to be stored in the customs area during a period of ten days and finish a bank guarantee or cash deposit equivalent to ten per cent of such duty. 11. The Custodian shall also execute a separate bond for an amount equal to ten percent of value of export goods with a bank guarantee for an amount equal to ten percent of the value of the bond, towards the export goods transported from the customs area to any other customs area for export or transshipment, as the case may be. 12. Security of the ICD and the Customs area shall be the responsibility of the Custodian subject to prior approval of the arrangements from the Principal Commissioner of Customs, Ahmedabad. The cost of the security shall be borne by the Custodian. 13. The Custodian shall provide free furnished office space for the Customs Department at the place of clearance 14. Residential accommodation for the Customs staff posted in the area shall also be provided by the Custodian whenever requisition by the Principal Commissioner of Customs, Ahmedabad. 15. Free suitable transport shall be provided for the Customs staff by the Custodian. 16. The Custodian shall make adequate arrangements for proper facilities, water supply and other allied facilities including canteen facility for the officers working in the area. 17. Subject to any other law for time being in force, the Custodian shall not charge any rent/demurrage on the goods, seized, detained or confiscated by the Customs Department (Regulation 6(1) of HCCAR 2009) 18. In case the Custodian wants to sublet any of the functions inside the Customs area or connected with the Customs Area, the same should be done only with the approval of the Principal Commissioner of Customs, Ahmedabad, and the Custodian shall remain responsible for the omissions and commissions of the said agency. 19. The Custodian shall provide suitable office premises at proper place for Customs with adequate equipment of communication and office furniture. 20. The Custodian shall be liable to pay the establishment charges of the Customs staff posted at the ICD unless specifically exempted by an order of the Government of India in the Ministry of Finance (on cost recovery charges basis well in advance for the entire Quarters (3) months period as per instruction issued by the Government from time to time. 21. The Custodian shall display or make available in any other manner, information of process or movement or handling of imported or export goods and goods brought for transshipment. 22. The Custodian shall publish and display the schedule of charges for the various services provided by him in relation to the imported goods or export goods in the customs area. 23. The Custodian shall construct compound wall barbed wire covering the whole part of the Customs Areas. 24. The Custodian shall provide suitable facilities for EDI/computerization as and when required. 25.A weighbridge of 60 MT shall be provided by the Custodian. 26. The Custodian shall provide proper fire fighting facilities. 27.Duration of appointment shall initially remain valid for up to two years from the date of issue of this notification and subject to the satisfaction of the Principal Commissioner of Customs. Principal Commissioner of Customs shall have right to terminate the appointment at any time after assigning specific reasons for the Custodian to explain the same. 28. The Custodian shall also ensure that the time taken for to and fro movement of goods between ICD and Gateway Ports should not exceed 10 days. 29. The Custodian shall comply with the provisions of the Handling of Cargo in Customs Area Regulations, 2009 which provide for a comprehensive mechanism for handling of goods in a customs area and set out the terms and conditions for all facilities where customs cargo is handled. It also provides for the conditions and responsibilities of the persons handling import or export cargo in Inland Container Depot (ICD) and provide adequate control over the cargo handling entities to ensure that the adequate infrastructure is set up at such facilities for efficient handling of import or export goods. 30. The Custodian shall comply with the provisions of all other Rules, Regulations instructions, which may be issued by the Government from time to time. (Sanjay Kumar Agarwal) Principal Commissioner, Customs, Ahmedabad