TMI BlogHandling of Cargo in Customs Areas Regulations, 2009- regarding.X X X X Extracts X X X X X X X X Extracts X X X X ..... of the recommendations made by the Public Accounts Committee (PAC), the Government had inserted a new sub-section (2) to section 141 of the Customs Act, 1962 . These Regulations have been framed by the Department in pursuance of the recommendations of the PAC and consequent to the amendment of the Customs Act, 1962 as aforesaid. The salient features of the regulations are indicated in the following paragraphs. 2.1. The regulations shall be applicable to all 'Customs cargo service providers' (CCSPs) that is to say all persons operating in a customs area and engaged in the handling of import/export goods. These include the Custodians holding custody of import / export goods and handling such goods and all persons working on behalf of such custodians such as fork lift or material handling equipment operators, etc. The regulations would also cover consolidators/ break bulk agents and other persons handling imported/export goods in any capacity in a customs area. The regulations provide for various responsibilities and conditions for different kinds of CCSPs. The conditions prescribed under Regulation 5 would apply to the CCSPs who desire to be approved as custodians of impo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l thereafter, as per Regulation 13. 4.2. Further, major ports notified under the Major Port Trusts Act, 1963 and airports notified under the Airports Authority of India Act, 1994 will continue to be authorised to function as custodians under their respective Acts and these regulations shall not impact their approval as a custodian. In this regard, it may be noted that section 45 of the Customs Act, 1962 , which provides for approval of custodians makes an exception to these custodians who are otherwise approved under any law for the time being in force. Accordingly, the Port Trusts of the notified major ports and the Airports Authority of India shall not be required to make an application under Regulation 4 or 9 for approval or renewal under these regulations. However, they would be required to discharge the responsibilities cast upon them as specified in Regulation 6. 4.3. It is clarified that the normal time within which the existing custodians are required to comply with the conditions of these regulations has been stipulated as three months from the date of coming into force of these regulations. However, this can be extended by the Jurisdictional Commissioner of Cu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ements as specified vide Board's Circular No.94/2003-Customs dated 31.10.2003 to bring uniformity in automation and to expedite automation process at ICDs / CFSs, shall continue to apply. 5.3. The charges in respect of the Customs officers deployed at the customs clearance facility (ICD/CFS/port/airport etc.) are required to be paid by the Custodian, unless these have been exempted for an individual custodian by an order issued by the Ministry of Finance or by a circular or instructions issued by the Ministry of Finance [Regulation 5(2)]. Payment of cost recovery charges in respect of ports and airports has been exempted for three categories of custodians specified in Circular No.27/2004-Customs dated 6.4.2004 . It is clarified that these specified categories of custodians at ports / airports would continue to be exempt from the payment of charges for the customs officers deployed therein. 5.4. In terms of the Greenfield Airports Policy framed by the Government and notified by the Ministry of Civil Aviation for setting up of private greenfield airports, it has been specified that in case of an international airport, the applicant for setting up of a greenfield airport ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etting affected by congestion at a particular customs facility (e.g. CFS), it has been provided that the Commissioner of Customs may consider regulating the entry of goods in that particular CFS for a temporary period, say, 15 days, in terms of Regulation 7(2). In such cases, the Commissioner of Customs may not allow any import/ export cargo to be received and handled in the facility or may allow such reduced quantity as considered sufficient for being handled efficiently for such temporary period till the congestion is cleared and the delay in clearance of goods is sorted out. 7. In terms of Regulation 9, at the time of submission of applications for acquiring custody and handling of import / export goods, the applicant shall provide complete details of the facility such as extent of the area, equipment, infrastructure etc. for receiving, unloading / loading, stacking, storage, delivery of imported/ export goods including the map. As regards the projected capacity of the cargo or container proposed to be handled at the premises, adequate care should be taken to see that the specific details are obtained as this would form the basis for determining the adequacy of the inf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be taken against erring custodians, has already been initiated by the field formations. 10. These regulations notified vide Notification No.26/2009-Customs (N.T.) dated 17.3.2009 are issued in exercise of the powers conferred to the Board under sub section (2) of section 141 read with section 157 of the Customs Act, 1962. It supersedes the instructions issued vide Board's Circular No.128/95-Customs dated 14.12.1995 and Circular No.34/2002-Customs dated 26.6.2002 as amended. Other circulars and the instructions on the subject which are not inconsistent with the provisions of these regulations would, however, continue to apply. 11. The Commissioner of Customs may issue a Public Notice bringing to the notice of the trade and industry about the publication of these regulations and the need to comply with the provisions of these regulations by the existing custodian within a period of three months as provided in Regulation 4. In this regard, the Commissioner of Customs shall issue individual letters to the respective custodians in his jurisdiction for initiating action and seeking compliance of the regulations within the stipulated time. 12. Any difficulties in imple ..... X X X X Extracts X X X X X X X X Extracts X X X X
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