PUBLIC NOTICE   14 /   2001.

                                                                               

Sub:  Appointment of Custodian of goods under Section 45 [1] of Customs Act          

          1962 [52/1962] - Regarding.

 

In exercise of the powers conferred under Section 45[1] of the Customs Act 1962, I, M.V.S. Prasad, Commissioner of Customs, Custom House, Chennai hereby appoint M/s. Ruchi Infrastructure Ltd., Royapuram, Chennai as the Custodian of the imported goods landed at Chenai Port and received in their Oil Tankers situated at 40-41, East Mada Church Street, Royapuram, Chennai 600 013 through pipeline until the goods are cleared for home consumption or warehoused in accordance with the provisions of Chapter VII of the Act ibid and subject to the following the conditions: 

 

1)     Custodian of the goods meant for import and export shall be required to comply with the provisions of Sec. 45 [2] of the Customs Act 1962 as well as Rules and Regulations and instructions issued from time to time in this regard.

 

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. They shall also maintain proper record of all such goods including the record of goods which are cleared with the permission of the Customs Department or disposed off under Section 48 or otherwise.

 

3)     If any imported 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.

 

4)     The imported goods, which are not cleared for home consumption or warehoused 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 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 Customs.

 

5)     The custodian shall provide safe, secure and spacious place for loading/unloading/storage of the cargo.

 

6)      Loading and unloading of the Imported goods shall be made under the supervision of Customs Officers and clearance of the goods shall be made with the prior approval of the Proper Officer of Customs.

 

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

 

8)     No alteration of the plan in the storage tanks/installations and Customs area etc. shall be made without the concurrence of the Commissioner of Customs, Custom House, Chennai.

 

9)     All goods held on installations and Customs area have been be duly insured covering value as well as the duty payable on the goods in question.

 

10)    The custodian shall abide by all the Rules and Regulations under the Customs Act.

 

11)   For proper discharge of duties the custodian  executed a bond of Rs.One Crore with 10% Bank Guarantee the Asst/ Dy.Commissioner of Customs (Appraising (Main), Custom House, Chennai.

 

12)    Security of the storage tanks/installations and Customs area shall be responsibility of the custodian. The cost of the security shall be borne by the custodian.

 

13)    The custodian shall provide free furnished office space for the Customs Department at place of clearance, as and when required.

 

14)    The Custodian shall provide free furnished office space for the Customs staff, as and when posted for the said installations.

 

15)    Custodian shall not charge any rent/demurrage on the goods detained by the Customs Department under the Customs Act or any other Act for the time being in force.   However, the Customs Department shall pay the rent to the custodian after the ownership of the goods vests in the Government after confiscation.  The rate of such goods shall be fixed by the Commissioner in consultation with C.P.W.D. or local revenue or Rent Control Authorities.

 

16)    In case the Custodian wants to sublet 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 the custodian shall remain responsible for the omissions and commissions of the said agency.

 

17)    Duration of the appointment shall initially remain for five years and subject to the satisfaction of the Commissioner of Customs. Commissioner of Customs shall have the right to terminate the appointment at any time after assigning specific reasons and giving an opportunity for the custodian to explain his case. The appointment shall be reviewed after every five years thereafter.

 

 

 

Fno. Misc 87/2000 Enq.

 

Dt: 2^nd Feb, 2001.                                                                                    (M.V.S. PRASAD)

Custom House, Chennai-1.                                                        COMMISSIONER OF CUSTOMS