OFFICE OF THE COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, CHENNAI.

PUBLIC NOTICE NO:318 /2001

Sub: Agreement between the Chennai Port Trust and m/s Chennai Container Terminal Ltd., for handling the Container berths and Containerised Import/Export Cargoes - Appointing of Custodian & Declaration of operational area, etc. - reg.

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1.0              M/s Chennai Container Terminal Ltd (CCTL) has entered into an agreement with Chennai Port Trust for operating container berths and Containerised Import/Export cargoes. This Agreement was approved by the Cabinet Committee on Economic Affairs, Government of  India as communicated by the Chennai Port Trust vide their letter no A/43/2000/T (M&S) dated 24.10.2001 addressed to the undersigned.

2.0       Hence, in exercise of the powers conferred under section 45(1) of the Customs Act, 1962 (52 of       1962), I, JOSEPH DOMINIC, Commissioner of Customs (sea port), Custom House, Chennai hereby appoint M/s. Chennai Container Terminal Ltd. (CCTL), having their Registered office at Darabshaw House, Level 1, Narrottam Morarji Road, Ballard Estate, Mumbai, 400038, and their Local Office at Chennai Port Trust, Gate Zero, P.O Box No 576, Royapuram, Chennai- 600013 to be the ‘CUSTODIAN’ of Container Terminal (with berths length 600mtrs), Iron ore office/store and ‘O’ yard  (totally measuring 2,11,000 Sq. mtrs.) within the notified Customs area of the Chennai Port Trust, Chennai, for loading/unloading of Import/Export cargoes as in accordance with the provisions of the said Act.

3.0            DESCRIPTION OF AREA AND LOCATION:

3.1            Container Terminal with berth (length-600 mtrs) having closed warehouse (Import CFS) of 5705 sq. mtrs. and open shed (Hazardous shed) of 6875 sq. mtrs.;

3.2            Ore office – stores having open area of  248 sq mtrs, AC sheet covered area of 77 sq. mtrs. and RCC roof building of 346 sq mtrs.;

3.3       ‘O’ yard CFS of 32768 sq. mtrs. within which a closed shed measuring 6483 sq. mtrs. and office accommodation for Customs and Custodians measuring 245 sq. mtrs. are located.

4.0            BOUNDARIES:

4.1            Container Terminal with berths- bounded at:

East by              - Sea

                  West by           - Peripheral Road

                  North by           - Extension of 290 mtrs.

                  South by          - North quay

4.2        LCL Import CFS  - bounded at:

East by - Container parking yard

West by - Road leading to West Peripheral Road

North by - Container Parking Yard

South by - Road leading to south peripheral Road

4.3        ‘O’ yard CFS –bounded at:

East by - New CFS warehouse under construction

West by                        - Peripheral Road

North by                        - Upper Revetment

South by                         - Road adjacent to IOC oil terminal ’B’

This area will be used for the Examination of LCL Export cargoes as is being done now in addition to the examination of FCL Import cargoes.

5.0            TERMS AND CONDITIONS:

5.1       The Custodian of the goods meant for Import and Export would be required to comply with the provisions of section 45 (2) of the Customs Act, 1962 as well as relevant rules and regulations and instructions issued from time to time in this regard.

5.2              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/transhipment. They shall also maintain proper record of all such goods including the record of goods which are cleared with the permission of customs department or disposed off under section 48 of the customs act 1962 or otherwise.

5.3              If any imported / exported / transhipment 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 customs act, 1962, they shall be liable to pay duty on such pilfered goods.

5.4              The imported / exported / transhipment goods, which are not cleared for home consumption / warehousing / exported / transhipped within 30 days of unloading thereof, or within such further  period as the proper Customs 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 not be sold under the provisions of section 48 of the customs act 1962, by the custodian without obtaining permission from the proper officer of the customs.    

5.5       The custodian shall provide safe, secure and spacious place for loading / unloading / storing of the cargoes.

5.6              No alteration / amendment in the declared customs area and operations shall be made without the concurrence of the Commissioner of Customs (Sea port), Chennai 600001.

5.7              The Custodian shall abide by all the rules and regulations under the Customs Act, 1962.

5.8              The Custodian shall retain in their safe custody any cargo seized / detained by any Agency under the provisions of Customs Act, 1962.

5.9              The Custodian shall honour any detention certificate issued by the Customs dept. / or waiver / reduction of any demurrage in respect of any cargo detained by any Agency under the Customs Act, 1962.

6.0       The Chennai Port Trust will continue to be the custodian for all other cargoes, which are not handled by CCTL, and the former’s responsibility for such goods as Custodian continues.

7.0       This public notice shall come into effect from 04.12.2001 and shall be operative during the period of validity of the licence agreement between The Chennai Port Trust and M/s. Chennai Container Terminal Ltd.

Sd/-

(JOSEPH DOMINIC)

COMMISSIONER OF CUSTOMS (SEA PORT)

F.NO.Misc.145/2001-Enq.,

Dated:  04.12.2001.

// Attested //

(S. SANKARA VADIVELU)

DY. COMMISSIONER OF CUSTOMS (ENQ.)