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Customs Notification, Circulars Public Notice Public Notices w.e.f 08/04/2005 PUBLIC NOTICE No.-37/2005, Date: 11/07/2005

PUBLIC NOTICE No.-37/2005, Date: 11/07/2005

Customs Notification & Central Excise and Service Tax Notifications for information and necessary action.

Please find enclosed herewith Customs Notifications for information and necessary action.

1. Notification No. 03/2005 Ц Customs Notification dated 15.04.2005.
2. Notification No. 54/2005 Ц Customs Notification dated 14.06.2005.
3. Notification No. 48/2005 Ц Customs (NT) Notification dated 17.06.2005
4. Notification No. 49/2005 Ц Customs (NT) Notification dated 17.06.2005.
5. Notification No. 04/2005 Ц Customs (NT) Notification dated 15.04.2005.
6. Notification No. 02/2005 Ц Customs (NT) Notification dated 15.04.2005.
7. Notification No. 50/2005 Ц Customs (NT) Notification dated 23.06.2005
8. Notification No. 55/2005 Ц Customs Notification dated 17.06.2005.

(Smt. Meera Mukhopadhyay)
Dy. Commissioner of Customs
Correspondence Section
MUMBAI

F.No. S/14-36/2002C

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE

OFFICE OF THE COMMISSIONER OF CUSTOMS & CENTRAL EXCISE
CENTRAL REVENUE BUILDINGS : KANNAVARI THOTA : GUNTUR Ц 4

NOTIFICATION No. 02/2005 Ц Customs (NT) DT. 15.04.2005
In exercise of the powers conferred under Section 45(1) of the Customs Act, 1962 (Act No. 52 of 1962), the undersigned i.e. the Commissioner of Central Excise & Customs, Guntur hereby appoint M/s. Krishnapatnam Port Company Ltd.(Company incorporated under Companies Act 1956) (herein after referred as M/s. KPCL) as the Custodian for all imported goods unloaded and goods meant for export loading in the Customs area of Krishnapatnam Port as mentioned in this office Notification No. 01/2005-Customs (NT) dated ЕЕЕ.

The Secretary (Transport Roads & Buildings Department) Governement of Andhra Pradesh, representing the Governor of Andhra Pradesh has entered into an agreement with M/s. KPCL as per Govt. of A.P. GOMS No.04, Transport, Roads & Buildings (ports) Department dated 04.01.1997, wherein the said Krishnapatnam Port, has been handed over to M/s. KPCL and agreement dated 04.01.1997 (revised on 17.09.2004) has been signed for this purpose between the two parties.

The above appointment is subject to the fulfillment of following terms and conditions :-

1. The goods imported in the Customs area shall be in the custody of the custodian until these are cleared for home consumption or are warehoused or are transshipped in accordance with the provisions of Chapter VIII of the Customs Act, 1962.

2. M/s. KPCL would also be the custodian of the goods for export and coastal goods and follow the Customs procedure as per the Customs Act, 1962 and rules made thereunder or any other law for the time being in force in the Union of India.

3. M/s. KPCL as custodian of the goods meant for export and the goods imported would be required to comply with the provisions of Section 45(2) of the Customs Act, 1962 as well as the rules and regulation and instructions issued from time to time on the subject mentioned above.

4. The custodian shall be responsible for proper, receipt, handling storage and shall be accountable for the loss of imported goods after landing and before clearance as well as the goods meant for export/transshipment. They shall also maintain proper record of goods that are cleared with the permission of the Customs Department or disposed of under Section 48 or other wise.

5. If any imported / export/ transshipment goods are pilfered or lost after unloading in the Customs Area while in the custody of the custodian, then in terms of provisions of section 45(3) of the Customs Act, 1962 they shall be liable to pay duty on such pilfered goods.

6. The import / export goods / transshipment goods which are not cleared for home consumption or warehousing or exported / transshipped within 30 days of unloading thereof or within such further time / period as the proper officer may allow or the imported goods to which the importer relinquishes his title as provided in Section 23(2) of the Customs Act, 1962, such goods shall no be disposed of under the provisions of Section 48 of the Customs Act 1962 without the permission of the proper officer of Customs. Custodian shall be inform the Deputy Commissioner of Customs the details of goods as are not cleared within 30 days of landing from the notified area.

7. The custodian shall provide safe, secure and spacious place of loading / unloading / storing of the cargo. The notified area shall be secured by boundary walls and barbed wire fencing.

8. The custodian shall provide sufficient modern material handling equipment in operational condition for handling the cargo in the notified area.

9. No alteration in the plan of the customs area shall be made without the concurrence of the Commissioner of Customs and Central Excise, Guntur.

10. Insurance of all goods held in the customs area shall be made by the custodian. The value of Insurance shall cover the value and customs duty liability on the said goods.

11. For proper discharge of duties the custodian shall execute a bond equal to the value of goods likely to be stored in the premises for a period of 30days, supported by a bank guarantee or cash deposit equivalent to 10% of the duty on the goods.

12. Security of the customs area shall be the responsibility of the custodian subject to the prior approval from the Commissioner of Customs & Central Excise, Guntur. The cost of the security has to be borne by the Custodian.

13. Custodian shall bear the cost of the customs staff posted. The Commissioner shall decide the number of staff, which is required to be posted in the facility considering the workload and for the component of staff for which the custodian shall bear the cost. No charge shall be recovered from the custodian for the present staff posted therein.

14. The custodian shall provide free furnished office space for the customs department in the customs area.

15. The custodian shall make adequate arrangements for sanitary facilities, water supply and othe allied facilities, including canteen facility for the officers working in the area.

16. The custodian shall be responsible for proper storage of the goods that may be detained by the Customs Department under the Customs Act, 1962, or any other law for the time being in force. He shall not charge any rent / demurrage on the goods so detained. However, the customs department shall pay the rent to the custodian after the ownership of the goods vests in the Government after confiscation of the goods. The rate of rent for such goods shall be fixed by the Commissioner in consultation with CPWD or local revenue or Rent Control Authorities.

17. In case the custodian wants to subject any of the functions inside the customs area or connected with the customs area, the same should be done with prior approval of the Commissioner of Customs and Central Excise, Guntur and the custodian shall remain responsible for the omissions and commissions of the said agency.

18. The custodian shall provide free unfettered access to all parts of the notified area to all authorized customs officers at all times.

This appointment of M/s. KPCL, as custodian is initially for a period of 5 years and is subject to the satisfaction of the Commissioner of Customs & Central Excise Guntur. The Commissioner of Customs & Central Excise shall have the right to terminate the appointment at any time after assigning specific reasons and after giving an opportunity to the custodian to explain his case.

(Issued form file C.NO.VIII/48/31/2004 Ц CT)

Sd/-
(P.N. VITTAL DAS)
Commissioner

To,
The Manager, Govt. of India Press,
Mayapuri, Industrial Estate,
New Delhi (for publication in the Gazette of India)

Copy forwarded for information to:

1. All Chief Commissioners of Customs & Central Excise
2. The Director of Publications, Customs and Central Excise, Gagandeep Building, Rajendra Palace, New Delhi.
3. The Under Secretary, Central Board of Excise and Customs (LC Section) Customs V New Delhi, (Issued as per guidelines issued vide Boards F.No. 434/12/92-CUS IV dt. 14.12.95 circular No. 128/95 and circular No. 13/2002 dated 22.02.2002 issued from F.No. 434/12/92-Cus IV.)
4. The Director General of Revenue Intelligence IP Estate New Delhi.
5. The Director of Inspection, Customs & Central Excise, New Delhi.
6. The Directorate of Publications, Customs & Central Excise, New Delhi.
7. All Commissioners of Customs
8. All Commissioners of Central Excise
9. The Director General of Anti-Evasion, New Delhi.
10. Commissioner (TRU), Central Board of Excise and Customs, New Delhi.
11. The Addl. Commissioner / Joint Commissioner / All Deputy Commissioners/ All Asst. Commissioners of Guntur Central Excise and Customs Commissionerate.
12. M/s. Krishnapatnam Port Company Ltd., 65/66, Sri Krishna Avenue. Muthukur Road. Nellore Ц 3.

Sd/-
(P.N. VITTAL DAS)
COMMISSIONER
CUSTOMS & CENTRAL EXCISE, GUNTUR

(Issued from file C.No. VIII/40/01/2005 Ц Cus. Tech)

Copy forwarded to :-

1. The Manager, Government of India Press, Mayapuri Ring Road, New Delhi (for publication of the Notification in the Gazette of India).
2. All Chief Commissioners of Customs & Central Excise.
3. All Commissioners of Customs & Central Excise.
4. All Commissioners of Customs.
5. The Directorate of Publicity and Public Relations, Customs & Central Excise, I.P. Estate, C.R. Buildings, New Delhi Ц 110 002.
6. The Under Secretary (L.C. Station / Customs IV), Central Board of Excise & Customs, North Block, New Delhi Ц 110 002.
7. The Directorate General of Central Excise Intelligence, West Block, VIII Wing No. VI, 2nd floor, R.K. Puram, New Delhi -66.
8. The Director General, Directorate General of Revenue Intelligence, 7th floor, Drum shape building, I.P. Bhawan, I.P. Estate, New Delhi Ц 110 002.
9. The Commissioner (TRU), CBED, North Block, New Delhi Ц 110 002.
10. The Director General, Directorate General of Inspection, Customs & Central Excise, СDТ shape building I.P. Estate, New Delhi Ц 2.
11. The Comptroller and Auditor General of India, New Delhi (10 copies).
12. The Secretary, Government of India, Ministry of Industry, EOU Section, Department of Industrial Policy and Promotion, Secretariat for Industrial Assistance, Udyog Bhavan, New Delhi Ц 11.
13. The Development Commissioner, Visakhapatnam Export Processing Zone, Admn. Building, DUVVADA, Visakhapatnam Ц 530046.
14. The Director, Software Technology Parks of India, Cyber Towers, Hitec city, Hyderabad Ц 500 081.
15. All the Assistant Commissioners of Customs & Central Excise in-charge of Divisions in Guntur Commissionerate.

Sd/-
(P.N. VITTAL DAS)
COMMISSIONER
CUSTOMS & CENTRAL EXCISE, GUNTUR

(Issued from file C.No. VIII/48/14/2005 Ц Cus. Tech)

Copy forwarded to :-

1. The Manager, Government of India Press, Mayapuri Ring Road, New Delhi (for publication of the Notification in the Gazette of India).
2. All Chief Commissioners of Customs & Central Excise.
3. All Commissioners of Customs & Central Excise.
4. All Commissioners of Customs.
5. The Directorate of Publicity and Public Relations, Customs & Central Excise, I.P. Estate, C.R. Buildings, New Delhi Ц 110 002.
6. The Under Secretary (L.C. Station / Customs IV), Central Board of Excise & Customs, North Block, New Delhi Ц 110 002.
7. The Directorate General of Central Excise Intelligence, West Block, VIII Wing No. VI, 2nd floor, R.K. Puram, New Delhi -66.
8. The Director General, Directorate General of Revenue Intelligence, 7th floor, Drum shape building, I.P. Bhawan, I.P. Estate, New Delhi Ц 110 002.
9. The Commissioner (TRU), CBED, North Block, New Delhi Ц 110 002.
10. The Director General, Directorate General of Inspection, Customs & Central Excise, СDТ shape building I.P. Estate, New Delhi Ц 2.
11. The Comptroller and Auditor General of India, New Delhi (10 copies).
12. The Secretary, Government of India, Ministry of Industry, EOU Section, Department of Industrial Policy and Promotion, Secretariat for Industrial Assistance, Udyog Bhavan, New Delhi Ц 11.
13. The Development Commissioner, Visakhapatnam Export Processing Zone, Admn. Building, DUVVADA, Visakhapatnam Ц 530046.
14. The Director, Software Technology Parks of India, Cyber Towers, Hitec city, Hyderabad Ц 500 081.
15. All the Assistant Commissioners of Customs & Central Excise in-charge of Divisions in Guntur Commissionerate.

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