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Regarding relaxation in customs procedures in case of vessels carrying
coastal goods exclusively
Circular No.
40dated 19th September 1997
I am directed to
refer notification 43/ 97-Customs (N.T.) dated 11th September, 1997 issued under
Sec. 98A of the Customs Act, 1962 to exempt vessels from the provisions of
Section 92, 93, 94, 97, & 98 (1) of the said Act.
2.
The relaxations are applicable to the vessels, which exclusively carry
coastal goods and ply as coastal vessels. It will not be applicable for vessels,
which convert the status from foreign, run to coastal run & vice versa. The
loading & unloading operation by coastal vessels must take place at separate
& exclusive berths in the ports where both coastal and foreign traffic is
handled. The provisions of Section 95, 96 & 98 (2) will also remain
operative in case of such vessels. In terms of section 95, the master of vessels
is required to maintain "advice book" and the proper officer of
customs can inspect the book and make entries as deemed fit, relating to goods
loaded at the port.
In terms of section 96 the coastal goods can only be loaded or unloaded
at places notified under section 7 of the Customs Act, 1962. In terms of section
98 (2), the provision contained in section 37 & 38 are applicable for
coastal goods as applicable to vessels carrying import and export goods.
Accordingly, the Customs
Officers would continue to have powers to board any vessels carrying coastal
goods and can require the person incharge of Vessels to produce any documents
& to answer any question. They should devise selective checks of coastal
vessels, at random both at the ports, of loading and unloading so that there is
effective check and the impression that the department has abdicated its
responsibility, does not gain ground.
The light dues charges leviable on such coastal vessels may be collected
by the customs till alternate arrangements are made by Ministry of Surface
Transport.
In case of the vessels, which change their status from foreign to
coastal or vice versa, the existing provisions contained under Chapter XII of
the Customs Act, 1962 shall continue to be operative. The difficulty if any in
implementation of the new changes may kindly be brought to the notice of Board.
The required
standing order & public notice may kindly be issued.
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