CBEC Circular no. 4/2011 dated 10.01.2011 and Notification No. 96/2010 dated 12.11.2010 on Clarifications/modifications in Handling of Cargo in Customs Areas Regulations, 2009

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....toms Areas Regulations, 2009" vide Notification No. 96/2010 dated 12.11.2010 and CBEC Circular no.. 4/2011 dated 10.01.2011 and the salient features are indicated in the following paragraphs. The regulation 5 of regulation of "Handling of Cargo in Customs Areas Regulations, 2009" has been amended to the extent as follows namely - Regulation 5-Conditions to be fulfilled by Customs Cargo Service provider - The Customs Cargo Service provider shall fulfill the following conditions to the satisfaction of the Commissioner of Customs for custody of Imported goods or export goods and for handling of such goods in a Customs area: (1) The Customs Cargo Service provider has to provide the following: (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) The CCSPs shall provide free of cost or rent, fully furnished office accommodation, EDI service center along with basic amenities and facilities. Further, it....

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.... 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) 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; (5) Undertake to comply with the provisions and abide by all the provisions of the Act and the rules, regulations, notifications and orders issued there under, (6) Undertake to indemnify the Commissioner of Customs from any liability arising on account of damages caused or loss suffered on imported or export goods, due to accident, damage, deterioration, destruction or any other unnatural cause during their receipt, storage, delivery, dispatch or otherwise handling. Hence, all the CCSPs shall undertake to indemnify the Commissioner o....

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....re hazardous in nature, shall be stored at the approved premises of the CCSP in isolated place duly separated from other general cargo, depending upon classification of its hazardous nature such as Explosives (as defined under Rule 3 of Explosives Rules, 1983), Gases (Inflammable / Flammable Gases, Toxic/ non Toxic gases etc.), Flammable Liquids, Flammable Solids (Raw and wet Cotton, spontaneous combustible substances, substance emitting flammable gases in contact with water etc.), Oxidizing Substance & Organic Peroxide (Sodium peroxide, Barium. Bromate, Peroxy acetic acid etc.), Poisonous & Infectious Substances (Tear Gas, Biological substances, Formic Acid, Arsenic Acid etc.), Radio Active Materials, Corrosives (Acetic Acid, Sulphuric Acid, Caustic soda etc.) or any hazardous chemicals defined under the Chemical Accidents (Emergency Planning, Preparedness, and Response) Rules, 1996. (ii) Safety plans, procedures, instructions for Safe handling and storage of hazardous goods including the procedure for reporting accidents to proper officer of Customs and appropriate State Authorities shall be available. (iii) Safety sign boards, signals should be displayed conspi....

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.... or by the concerned State/ Central- Governments for fire safety. (vi) The material handling equipments including cranes, lifts, hoists, reach stackers, tractors, trucks and other vehicles for movement. or transport of goods and other machines used in the premises for handling of cargo shall be in conformity with the. safety standards prescribed for such equipments. (vii) The Custodian shall provide appropriate Contingency plan to handle emergency situation when there is an immediate danger to personnel, cargo or other infrastructure in the premises; Further the custodian shall provide acquaintance or training of their staff for proper implementation and to comply with these contingency plans, maintenance & readiness of all the equipments. (viii) The Custodian shall provide Medical First Aid Kits within the premises; he shall provide appropriate emergency medical services in case any person comes into contact with hazardous/ dangerous goods. (ix) The security and safety of the premises shall be assigned to specified persons working therein so that necessary services in case of emergency such as fire fighting, fire brigade, fire tenders shall be o....