Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
Circular No. 29/2011-Customs
*****
229-A, North Block,
New Delhi, 18th July, 2011.
To,
All Chief Commissioners of Customs / Customs (Prev.).
All Chief Commissioners of Customs & Central Excise.
All Commissioners of Customs / Customs (Prev.).
All Commissioners of Customs & Central Excise.
All Director Generals under CBEC.
Subject: Handling of Cargo in Customs Areas Regulations, 2009–clarification -
regarding.
Sir / Madam,
Attention is invited to Board’s
Notification No.26/2009-Customs (NT) dated
17.3.2009 notifying ‘Handling of Cargo in Customs Areas Regulations, 2009’ and
Circulars No.13/2009-Customs dated 23.3.2009,
No.21/2009-Customs dated 4.8.2009
and
No.4/2011-Customs dated 10.1.2011 on the above mentioned subject.
- References have been received in the Board seeking clarification whether
‘Customs Cargo Service Providers’ (CCSP) who were exempted from payment of cost
recovery charges in terms of
Circular No.27/2004-Customs dated 6.4.2004 and Para
5.3 of Board’s
Circular No.13/2009-Customs dated 23.3.2009 continue to be
exempted from payment of cost recovery charges for customs staff posted at these
facilities subsequent to issue of Board’s
Circular No.4/2011-Customs dated
10.1.2011. Difficulties have also been reported to Board regarding provisioning
of residential accommodation and transport by CCSP to Customs staff deployed at
these facilities, as required under
Notification No.96/2010-Customs (NT) dated
12.11.2010 and in terms of Para 7 of the
Circular No.4/2011-Customs dated
10.1.2011.
- The matter has been examined. It is clarified that custodians already
exempted from payment of cost recovery charges under
Circular No.27/2004-Customs
dated 6.4.2004 and Para 5.3 of Board’s
Circular No.13/2009-Customs dated
23.3.2009 would continue to avail the exemption even after issue of Board
Circular No.4/2011-Customs dated 10.1.2011.
- Further, Board clarifies that Commissioner of Customs, subject to his
satisfaction, should not insist for residential accommodation for staff from
CCSP in cases where concerned facility of CCSP is located in the city area. The
underlying idea is to provide for residential facilities for staff deployment at
Customs facilities located in far flung and
-2-
remote areas where it is difficult to have appropriate residential facility and
which can not be easily commuted by the officers. Therefore requirement of
residential accommodation should not be insisted upon in cases where the
location is commutable from the base town/city. Commissioner of Customs
concerned should exercise due diligence before enforcing provisions of 5(1)(i)(b)
of
Notification No.96/2010-Customs (NT) dated 12.11.2010. The type of
residential accommodation to be provided to Customs staff would be determined as
per entitlement of the officer of Central Government.
- However, it is clarified that CCSPs shall continue to provide transport
facilities irrespective of location of facilities.
- Para 7 and 8 of Board’s
Circular No.4/2011-Customs dated 10.1.2011 stand
modified accordingly.
- Suitable Public Notices or standing orders may be issued to guide the trade /
Industry and officers.
- Any difficulties in implementation of these regulations may be brought to the
notice of the Board immediately.
Yours faithfully,
(G.S. Sinha)
OSD (Customs-IV)
F.No.450/55/2008-Cus.IV (Pt.II)
Encl: A