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Salient features of the HCCAR, 2009: - CBEC's Customs Manual 2023 - CustomsExtract ..... and security, pilferage of goods under their custody, disposal of uncleared, unclaimed or abandoned goods within the prescribed time limit, payment of cost recovery charges of the Customs officers posted in the facility are applicable to an approved custodian who handled imported or export goods. On the other hand, responsibilities for publishing or display of the schedule of charges for the activities undertaken in respect of imported/ export goods shall apply to both categories of persons. These responsibilities are aimed at expeditious clearance of goods, reduction of dwell time, transaction cost and safeguarding revenue. 2.4 As specified in Regulation 3 of the HCCAR, 2009, these regulations shall apply to handling of imported goods and export goods in Customs area specified under Section 8 of the Customs Act, 1962. This would cover all Customs facilities such as ports, airports, ICDs/CFSs and LCSs. Also, imported goods would cover goods under transshipment and all goods held under the custody of CCSP. However, these regulations do not apply to Customs bonded warehouse or to the warehoused goods covered by Chapter IX of the Customs Act, 1962. 2.5 Major ports notified under the M ..... x x x x x Extracts x x x x x Salient features of the HCCAR, 2009 - CBEC s Customs Manual 2023 - Customs x x x x x Extracts x x x x x ..... d by the custodian. 2.8 Board has clarified that custodians already exempted from payment of cost recovery charges under Circular No.27/2004-Cus., dated 6-4-2004 and Para 5.3 of Circular No.13/2009-Cus., dated 23-3-2009 would continue to avail the exemption even after issue of Circular No.4/2011-Cus., dated 10-1-2011. 2.9 Commissioner of Customs, subject to his satisfaction, should not insist for residential accommodation for staff from CCSP in cases where concerned facility of CCSP is located in the city area. The underlying idea is to provide for residential facilities for staff deployment at Customs facilities located in far flung and remote areas where it is difficult to have appropriate residential facility and which can not be easily commuted by the officers. Therefore, requirement of residential accommodation should not be insisted upon in cases where the location is commutable from the base town/city. Commissioner of Customs concerned should exercise due diligence before enforcing provisions of 5(1)(i)(b) of Notification No.96/2010-Cus(NT)., dated 12-11-2010. The type of residential accommodation to be provided to Customs staff would be determined as per entitlement of the ..... x x x x x Extracts x x x x x Salient features of the HCCAR, 2009 - CBEC s Customs Manual 2023 - Customs x x x x x Extracts x x x x x ..... and (iii) Custodians notified prior to 26-6-2002 but premises extended after 26-6-2002 under the same custodianship. [Refer Circular No.27/2004-Cus., dated 6-4-2004] 2.12 The Greenfield Airports Policy framed by the Government and notified by the Ministry of Civil Aviation specifies that the applicant for setting up of a greenfield airport will obtain clearance from the Department of Revenue for provision of Custom services and the cost of providing these services will be borne by the Airport Company. 2.13 Regulation 6(1)(m) of the HCCaR, 2009 deals with disposal of imported or export goods lying unclaimed, uncleared or abandoned in ICDs/CFSs/Customs areas by the CCSP who is holding custody of such goods. Proper and timely disposal of unclaimed, uncleared or abandoned goods is to be ensured. [Refer Circular No.50/2005-Cus., dated 1-12-2005] 2.14 In order to ensure security of premises and to prohibit unauthorized access of person in the Customs area all CCSP/ Custodians should provide CCTV/ Video Camera and give video footage of the same to the Customs Officer who shall monitor it regularly. [Refer Circular No 3/2013-Cus., dated 1-1-2013] 2.15 Cases of lease, gift, sale or subletti ..... x x x x x Extracts x x x x x Salient features of the HCCAR, 2009 - CBEC s Customs Manual 2023 - Customs x x x x x Extracts x x x x x ..... s sorted out. 2.18 In terms of Regulation 9 of the HCCAR, 2009, at the time of submission of applications for acquiring custody and handling of imported/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. Further, the projected capacity of the cargo or container proposed to be handled at the premises, would form the basis for determining the adequacy of the infrastructural facilities and bond or bank guarantee, wherever applicable. For example, in respect of containers, the volume in terms of Twenty feet Equivalent Units (TEUs) may be ascertained. As regards X-Ray scanning equipment, the custodians are expected to provide for suitable land and other site requirements, but the actual scanning equipment would be installed by the Customs department subject to conditions as may be prescribed. 2.19 Only such CCSPs who wish to be appointed as custodian of imported/ export goods need to take approval as specified in Regulation 10 of the HCCAR, 2009. CCSPs who either operate on behalf of the custodian or ..... x x x x x Extracts x x x x x Salient features of the HCCAR, 2009 - CBEC s Customs Manual 2023 - Customs x x x x x Extracts x x x x x ..... .24 No relaxation or exemption from requirements on safety and security of premises shall be allowed by the Commissioner of Customs to the custodians or CCSPs in terms of provisions of Regulation 7 of HCCAR, 2009. also keeping in view the paramount importance of overall safety and security of imported / export goods, detailed guidelines are prescribed to ensure that all concerned persons ensure that suitable arrangements are put in place for safety and security of premises relating to imported or export goods. 2.25 The HCCAR, 2009 provide for levy of penalty in case the CCSP contravenes any of the provisions of the regulations or fails to comply with the regulations. However, these provisions do not impact the past proceedings against the custodian, if any, where necessary action has been initiated against erring custodians. 2.26 For the purposes of Regulation 6 (1) of HCCAR, the following officers are notified as Proper Officers as discussed in Table 28.1. Table 28.1: Notified Proper Officer for purposed of Regulation 6 (1) of HCCAR S. No. Clause under Regulations 6(1) Designation of the Proper Officer 1 A Inspector of Customs or Preventive Officer or Examining Officer 2 F Superin ..... x x x x x Extracts x x x x x Salient features of the HCCAR, 2009 - CBEC s Customs Manual 2023 - Customs x x x x x Extracts x x x x x ..... re. Board has therefore decided that all CCSP/Custodians shall provide separate and dedicated storage space for fumigation and post fumigated storage sites to enable Plant Quarantine Authorities to carry out necessary checks for both imported / export goods under the Handling of Cargo in Customs Area Regulations, 2009. 2.30 In order to obviate the situation of compromising cargo integrity on account of subcontracting operations relating to handling of import / export cargo, under no circumstances, CCSPs shall 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 without written approval of the jurisdictional Commissioner of Customs. Jurisdictional Commissioners of Customs are required to review the conditions and obligations to be fulfilled by CCSP under HCCAR, 2009 and promptly initiate remedial action in case non-compliance is noticed. Cases of violation of regulation 6(2) shall be dealt with sternly according to law. 2.33 CBEC has prescribed comprehensive guidelines on safety and security of premises where imported or ex ..... x x x x x Extracts x x x x x Salient features of the HCCAR, 2009 - CBEC s Customs Manual 2023 - Customs x x x x x Extracts x x x x x
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