Regarding carriage of coastal cargo from one Indian port to another port
in foreign going vessels
Custom Circular No. 15 dated 25th
February 2002
References
have been received from the trade requesting the Board to allow Indian flag
foreign going vessels operating in routes covering more than one Indian port to
a port outside India, to carry containers carrying coastal goods along-with
containers carrying imported/export goods. It has been stated that the desired
facility will allow the foreign going vessels to carry coastal cargo on their
voyage from one Indian port to another before they leave the last Indian port
and are bound foreign shores, e.g. ships operating on route from Nhava
Sheva-Cochin-Tuticorin to say Australia and vice-versa can be utilised to carry
domestic containers from Nhava Sheva to Cochin and Tuticorin while en-route to
foreign ports and similarly on return voyage, they can be utilised for carrying
domestic containers from Tuticorin to Cochin and Nhave Sheva. According to the
trade, the proposed facility will help create better capacity utilisation of
ships and also reduce the transaction cost of exports and imports.
2. The proposal has been considered by the Board
and it has been decided that Indian flag foreign going vessels operating in
routes covering more than one Indian port to a port outside India and vice
versa, shall be allowed to carry coastal containers along-with imported/export
cargo between two Indian ports. The provisions of the Customs Act, 1962 relating
to coastal cargo as also other statutory provisions, guidelines and instructions
in this regard shall apply to such containers. The procedure in this regard
shall be as follows:
(a) The consignor of any coastal goods in container
shall submit to the proper officer the Bill of Coastal Goods in the prescribed
form (in four copies) (Refer Notfn. No.424/76-Cus., dated 23.10.1976 as
amended). Such Bill shall contain all the relevant particulars and the consignor
shall subscribe to a declaration regarding the correctness of the contents
thereof. The proper officer may, if satisfied with the declaration, order such
examination as may be considered necessary by him to satisfy that the
declaration is correct and then pass the Bill for Coastal Goods and return three
copies to the consignor.
(b) The container containing such coastal goods shall
be clearly painted with the words "For Coastal Carriage Only"
on all sides. After examination of the goods is completed, the container shall
be sealed with tamperproof one time bottle seal and then the same can be loaded
on to the vessel.
(c) The Master of the vessel shall not permit the
loading of such coastal cargo containers unless the Bill of Coastal Goods duly
passed along with the permission of the proper officer to load the container is
received by him. On receipt of the documents, the Master shall prepare a Coastal
Manifest in triplicate. A separate set of manifest shall be prepared for each
coastal port for which the vessel is carrying coastal cargo. The proper officer
may, after making necessary checks, make an endorsement on the manifest,
retaining one copy of the manifest and return the other two copies to the Master
of the vessel. The Master shall retain one copy as carrier�s record and submit
the other to the proper officer at the destination port along with the Bill(s)
of Coastal Goods relating to the goods meant for that port.
(d) Before any coastal container is permitted to be
loaded, the consignor or the Master of the vessel/his agent shall execute a bond
in such form with such surety as the proper officer may decide, binding himself
for an amount equal to the value of the goods. The same shall be enforced if the
coastal cargo is not landed in India and is taken to a foreign port after the
last Indian port of call.
(e) The Customs officer supervising the loading shall
ensure that the particulars of the goods are entered in the Advice Book to be
carried by the Master of the vessel in respect of such coastal cargo. The Master
shall also carry one copy of the Bill of Coastal goods with him and shall
deliver the same along with the Coastal Manifest to the Customs officer at the
port of destination.
(f) The Customs officer at the destination port
may verify that the coastal container is unloaded at the intended port and make
a remark to this effect in the Advice Book.
(g) The Master of the vessel may not be given
permission for the departure of the vessel unless it is established that the
coastal cargo intended for that port has been discharged and the seals of the
container are intact. In case the seals are not found to be intact, the Customs
officer may cause the container to be opened and permit the vessel to leave only
if there is no discrepancy between the contents of the container and the Bills
of Coastal Goods delivered by the Master of the vessel. The proper officer may,
however, permit the vessel to leave if the Master or his Agent submits a bond
with such surety or security as he may consider necessary in respect of the
containers where the seals are found to be tampered with.
(h) The reconciliation of coastal containers delivered
with the Coastal Manifest and the entries in the Advice Book shall be completed
at the last Indian port of call before the vessel leaves for foreign port. It
shall be ensured that all charges and penalties due in respect of that vessel
have been paid or the payment is secured by such guarantee or deposit of such
amount as the proper officer at the port of loading may direct.
(i) In case of any tampering of seals or any
discrepancy, the matter shall be reported to the Deputy/ Assistant Commissioner,
who may adjudicate the matter after issue of show cause notice. The procedures
as applicable for non-coastal cargo will apply mutatis mutandis to deal with
such situation. A quarterly report of such cases or discrepancies shall be sent
to the Board by the concerned Commissioner.
3. These instructions may be brought to the
notice of all concerned by way of issuance of suitable Public Notice/ Standing
Orders.
4. Difficulties, if any in implementation of
these instructions, may be brought to the notice of the Board. Kindly
acknowledge receipt of this Circular.
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