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TMI BlogAppointment of Custodian at CFS BangaloreX X X X Extracts X X X X X X X X Extracts X X X X ..... eas Regulations, 2009 as well as, any other rules and regulations and instructions issued thereon from time to time, in this regard. 2. If any imported goods or goods meant for export 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. 3. The Custodian shall pay the Cost Recovery charges of the Customs Officer posted at Central Warehousing Corporation in advance on half yearly basis as per rates prescribed from time to time, unless specifically exempted by the Government of India. 4. They shall execute a Bond for Rs. Five Crore only with surety for the safety/storage and transhipment of goods before commencing any Import/Export. 5. Insurance of all goods held in Customs area shall be made by the Custodian. The Custodian is responsible for any loss arising on account of fire, theft, pilferage etc and make good the loss to the importer and this liability is unambiguously of the custodian in any legal proceedings that may follow on account of fire, theft, pilferage etc. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aintain integrity of the transhipment cargo. 15. The 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, stuffing and de-stuffing of containers, storage, dispatch and delivery of containers and cargo etc., including : (a) standard pavement for heavy duty equipment for use in the operational and stacking area; (b) building for Customs office. Customs Electronic Data Interchange (EDI) Service Centre and user agencies with basic amenities and facilities; (c) storage facility, separately for imported, export and transshipment goods; (d) gate complex with separate entry and exit; (e) adequate parking space for vehicles; (f) boundary wall; (g) internal service roads; (h) electronic weigh-bridge and other weighing and measuring devices; (i) computerized system for location and accountal of goods, and processing of documents; (i) adequate air-conditioned space and power back up, hardware, networking and other equipment for secure connec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oading of imported goods for their storage with respect to the category of importers, nature of goods, place of destination, mode of transportation 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) demarcate separate areas for loading of export goods for their storage with respect to categories of exporters, nature of goods, examined and sealed containers or other criterion as the Commissioner of Customs may specify having regard to the custody and handling of export goods in a customs area; (f) not permit goods to be removed from the customs area, or otherwise dealt with, except under and in accordance with the permission in writing of the proper officer; (g) not permit any export cargo to enter the customs area without a shipping bill or a bill of export having been filed with the proper officer; (h) not permit any import cargo to enter the customs area or be unloaded therein without the import report or the import manifest having been filed with the proper officer; (i) be responsible for the safety and security of imported and export goods under its cus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Notification is issued for extending the custodianship of M/s. CWC upto 18-2-2016, or until further orders, whichever is earlier.] The Commissioner of Customs, Bangalore, shall have right to terminate the appointment at any time after assigning specific reasons to the Custodian to explain his case. 19. The Central Board of Customs and Excise, New Delhi has considered the request of the custodian for waiver of cost recovery charges with effect from 15-3-2012 subject to the following conditions. a. Exemption from the cost recovery charges would be prospective with no claim for past period. b. The Cost recovery charges upto 15-3-2012 shall be paid by the custodian before 30-3-2012. c. sanction of exemption from cost recovery is issued on yearly basis. Further continuance of this sanction shall be made by the C.B.E.C. on receipt a certificate from the Commissioner to the effect that the performance of the custodian during the preceding year was in accordance with the prescribed bench marks and d. In case the custodian fails to maintain performance as per the prescribed benchmark, in any given year, they will be liable to pay 1.85 times of the cos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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