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TMI BlogHandling of Cargo in Customs Areas Regulations, 2009X X X X Extracts X X X X X X X X Extracts X X X X ..... (2) of section 141 of the said Act; (1) "specified" means specified by a notification or an order issued under the provisions of the Act; (2) the words and expressions used herein and not defined but defined in the Act shall have the same meanings respectively assigned to them in the Act. 3. Application. - These regulations shall be applicable to the handling of imported and export goods in 1 [ ports, airports, inland container depots, land customs stations and in customs areas approved or specified under Section 8 ] of the Act. 4. Retrospective Application. - Any action taken or anything done in respect of appointment of Customs Cargo Service providers, immediately preceding the coming into force of these regulations, shall be deemed to have been done under the corresponding provisions of these regulations. Customs Cargo Service providers already approved on or before the date of coming into force of these regulations shall comply with the conditions of these regulations within a period of three months or such period not exceeding a period of one year as the Commissioner of Customs may allow from the date of coming into force of these Regulations. 5. Conditions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y specify having regard to the goods which have already been insured by the importers or exporters. (2) The applicant shall undertake to bear the cost of the Customs officers posted, at such customs area, on cost recovery basis, by the Commissioner 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; (3) The applicant shall execute a bond equal to the average amount of duty involved on the imported goods and ten per cent. of value of export goods likely to be stored in the customs area during a period of thirty days and furnish a bank guarantee or cash deposit equivalent to ten per cent. of such duty: Provided that the condition of furnishing of Bank guarantee or cash deposit shall not be applicable to ports notified under the Major Ports Act, 1962 (38 of 1963) or to the Central Government or State Governments or their undertakings; (4) The applicant 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct to any other law for the time being in force, shall 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 bear the cost of the customs officers posted by the Commissioner of Customs on cost recovery basis and shall make payments at such rates and in the manner specified by the Government of India in the Ministry of Finance unless specifically exempted by an order of the said Ministry; p 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 q abide by all the provisions o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applicant as a Customs Cargo Service provider, for a period of two years from the date of issue of such approval. Provided that a Customs Cargo Service provider already approved on or before the date of coming into force of these regulations, shall be deemed to be approved as a Customs Cargo Service provider under these regulations for a period of five years from the date of compliance with the conditions of these regulations as stipulated in regulation 4. (2) The Commissioner of Customs shall review the approval granted under sub regulation (1) before the expiry of the initial period of approval of two years or five years, as the case may be, and may extend such approval to a further period of five years at a time. Provided that the Commissioner of Customs, for reasons to be recorded in writing, may order for review of the approval granted to any Customs Cargo Service provider before the completion of the period of approval. 11. Suspension or revocation of approval for appointment of a Customs Cargo Service provider: (1) The Commissioner of Customs may, subject to the provisions of these regulations, suspend or revoke the approval granted to the Customs Cargo Service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not relevant or material, he shall record his reasons in writing for so doing. (5) At the conclusion of the aforesaid inquiry, the Assistant Commissioner of Customs or Deputy Commissioner of Customs shall prepare a report of the inquiry recording his findings. (6) The Commissioner of Customs shall furnish to the Customs Cargo Service provider a copy of the report of the Assistant Commissioner or Deputy Commissioner of Customs and shall require the Customs Cargo Service provider to submit within the specified period not being less than thirty days any representation that he may wish to make against the findings of the Assistant Commissioner of Customs or Deputy Commissioner of Customs. (7) The Commissioner shall, after considering the report of the inquiry, and the representation thereon, if any, made by the Customs Cargo Service provider, pass such orders as he deems fit. (8) If any Customs Cargo Service provider contravenes any of the provisions of these regulations, or abets such contravention or who fails to comply with any provision of the regulation with which it was his duty to comply, then, he shall be liable to a penalty which may extend to fifty thousand rupees ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng, operational and stacking area, storage area, delivery, Customs Automated System, Customs office premises, service centre, other user agencies etc. (Map to be provided). 4. Whether the applicant holds a valid Letter of Approval given by the Inter-Ministerial Committee of the Ministry of Commerce or any other Government Body for setting up of Customs cargo service facility at the premises applied for? If so, provide details thereof. 5. Projected capacity of the cargo / container proposed to be handled in the proposed premises. 6. Details of infrastructure and equipment put in place for handling of cargo in the proposed premises. (Details to be given separately for loading / unloading, stacking, storage and delivery). 7. Details of security system installed for entry / exit of cargo and other safety and security measures. 8. Details of electronic weigh bridge, other weighing, measuring devices. 9. Details of the computerized system put in place for location of cargo / container, processing of documents. 10. Whether any exemption from payment of cost recovery charges for posting of Customs officers is claimed. If so, furnish the details of the order issued in this reg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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