[THE COCHIN
PORT TRUST PUBLIC BONDED WAREHOUSE (RENT & OTHER CHARGES) REGULATIONS. 1967
PREAMBLE
The following regulations made
by the Board of Trustees of Cochin Port in exercise of the powers conferred by
sub-section (f) of section 123 of the Major Port Trust Act, 1963 (38 of 1963)
and in supersession of the previous rules issued by the Cochin Port
administration in this behalf are hereby published for the information of the
public, the same having been published by the Board for two weeks successively
in the official gazette and approved by the Central Government as required in
section 124 thereof, namely:-
Regulation - 1. Short title and commencement.
(i) These Regulations
may be called the Cochin Port Trust Public Bonded warehouse (Rent & other
charges) Regulations. 1967.
(ii) They shall
come into force on the date on which they are finally published in the official
gazette.
Regulation - 2. Definitions and interpretation.
In these Regulations, unless;
the context otherwise requires.
(a) 'Board'
means the Board of Trustees constituted under the Major Port Trust Act, 1963.
to Cochin Port.
(b) 'Collector
of Customs & Central Excise' and 'Asst. Controller of Customs' have the
same meaning in the Customs Act, 1962.
(c) All other
words and expressions not defined in these Regulations have the meanings
assigned to them in the Major Port Trust Act, 1963, or the Customs Act, 1962,
as the case may be.
Regulation - 3. Warehousing of goods in the Board's Public Bonded warehouse.
The Board may store goods
under Bond in its warehouse which may, from time to time, be appointed to the
Public Bonded Warehouse by the Assistant Collector of Customs under Section 57,
Customs Act, 1962. The class of goods that may be deposited in the warehouse
will be subject to the decision of the Collector of Customs and Central Excise
and the Board and will be duly notified to the Public.
Warehousing transactions are
of two sorts:
(1) Rental of
compartments or rooms to consignees on a monthly basis and
(2) Storage of
goods at daily rates.
The transport of goods from
the Port Transit Sheds into the Public Bonded Warehouse or vice versa will be
done by the owners of goods at their own expense and risk under customs
supervision.
Regulation - 4. Appointment of warehouses.
The undernoted place under the
control of the Board has been appointed by the Assistant Collector of Customs,
Cochin to be a public bonded warehouse, wherein dutiable goods may be deposited
without payment of duty on the first importation thereof under the Customs
Department.
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Premises
appointed
Part of storage shed
'A' in the Wharf area on the Willingdon Island.
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Deposited
All dutiable goods
except arms, Ammunition and combustiables
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The Port Trust's Official in
charge of the Bonded warehouse is called the Bond Supervisor.
Regulation - 5. Conditions and rates of rent for Goods Warehouse.
The following are the rates of
warehouse rent fixed by the Board under section 49 (1) of the Major Port Trust
Act, 1963, for the storage of goods under bond in the warehouse above mentioned
(i) Rent for
rooms allotted on a monthly basis:
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Description
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For first 30 days
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From 31st day upto
120th day
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From 121st day and
above
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For rooms measuring
39.1109 sq.m.
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Rs 600 permensem or
part thereof.
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Rs. 900 per mensem or
part thereof.
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Rs 1.200 per mensem or
part thereof.
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(ii) Rent for
storage of cargo at daily rate:
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Warehouse dues on goods
stored in the general spaces of bonded warehouse, i. e. space not allotted on
a monthly basis
Item No
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Description of packages
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Rent per day for the
1st 30 days
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Rent per day from 31st
day upto 120th day
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Rent per day from the
121stday & above
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Rs.
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Rs.
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Rs.
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(i)
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Bangs and bales Each
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0.20
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0.30
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0.45
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(ii)
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Cases and creates
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0.40
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0.60
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0.90
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(iii)
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Casks, Kegs, drums
& Jars Each
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0.40
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0.60
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0.90
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(iv)
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Carriage and motor cars
Each
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4.00
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6.00
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9.00
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(v)
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Machinery unpacked Per
tonnage or part thereof
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8.00
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12.00
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18.00
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(vi)
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Articles not enumerated
per 50 kgs
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2.00
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3.00
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4.50
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Regulation - 6. Rates for Bonding of goods in open space.
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Upto 30 days
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From 31st day upto
120th day
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Beyond 120 days.
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For 100 sq. metre or
less
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Rs. 200 per mensem or
part thereof
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Rs. 300 per mensem or
part thereof
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Rs. 400 per mensem or
part thereof
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Notes:
(i) For
occupation not covered by a valid permit obtained or renewed sufficient time in
advance, penal rent at thrice the rate of normal rent specified in the
Regulations shall be recovered on a pro-rata basis.
(ii) In this
case, the Port will not issue any bond warrant as in the case of other bonded
good.
(iii) Open space
will be let out at the above rate, only to such banded goods, which cannot be
taken to bonded warehouse.
(iv) Open space
will be let out subject to the conditions that the party will have to pay
demurrage charges for on the goods less the amount payable by way of rent of
the space, if the goods are not accepted by the Customs in bond.
Regulation - 7. Warehousing.
All transactions connected
with warehousing of goods in the warehouse will be governed by the previous of
Chapter IX of the Customs Act, 1962 and will be under the control of the
Traffic Manager of the Port Trust who has been appointed the proper officer
under Section 62(1) of the Customs Act, 1962
Regulation - 8. Destruction of bonded goods by reason of damage etc Procedure.
An importer who has bonded his
goods may be allowed to destroy them under the orders of the Collector of
Customs if whilst in bond they become unfit for consumption, The destruction in
such cases should take place in the presence of a Customs Officer. Any charges
incurred by the Port Trust in this connection will be recovered from the
importer in addition to the usual warehouse dues.
Regulation - 9. Periods for which goods may remain in Bond.
Subject to the Provisions of
Section 61 of the Customs Act, 1962, goods may remain in a Warehouse for three
years from the date of the bond (or any reduced or extended period as may be
decided under Section 61 (I) and 61(2), Customs Act, 1962 by the Collector of
Customs executed under section 59 of the Customs Act, 1962. in respect of such
goods and or the expiry of this period they must be cleared either for home
consumption or shipment to a foreign Port
Regulation - 10. Delivery of goods when ownership changes.
When the ownership of the whole
of the bonded goods or part thereof changes, the obligation of the importer in
terms of the bond executed by him under Section 59 (I) of the Customs Act,
1962, shall continue to be in force except as provided in the proviso to
sub-section (3) of Section 59 of the Customs Act, 1962.
Regulation - 11. Hours of delivery for bond goods.
The Public Bonded Warehouse
will be closed at 5 p.m. on full working days and by 4 p.m. on Saturdays.
Unless specially ordered by the Traffic Manager cargo intended for bond will
not be delivered from the Port Trust's transit space after 4 p.m. on full
working days or 1 p.m. on Saturdays.
Regulation - 12. Admission of goods into and delivery from the Bonded warehouse on Sundays and Holidays.
Normally the bonded warehouse
is not open for admission or delivery of cargo on Sundays and holidays.
However, the bonders require admission or delivery on these days a written
application should be made to the Trust's Traffic Manager who may arrange to
comply, on payment of the fees at the rates prescribed in the Schedule 'A'
attached to these Regulations provided:-
(a) The removal
of cargo is permitted from the Port Trust's transit space on such days or.
(b) The cargo
delivered out of bonded warehouse is for shipment a vessel which has applied to
work on these days.
(c) The bonders
concerned obtain the necessary permission from the Customs Department by at
least 3 p.m. on the previous working day (or by 12 noon if the previous working
day is a Saturday.)
Admission of goods into the
warehouse as also deliveries from the warehouse for shipment should be carried
out under Customs supervision, which should be arranged for by the bonders with
the Customs Department.
Regulation - 13. Admission into or delivery of goods from the Bonded warehouse after working hours on working days.
The normal working hours of
the Public Bonded Warehouse under the Control of the Port Trust are from 8 a m.
to 12 noon and 1 p.m. to 5 p.m. except on Sundays and holidays and upto 4 p.m.
on Saturdays, should, however, bonders require admission or delivery after the
working hours a written application should be made to the Traffic Manager, who
will arrange to comply on payment of fees at the rates prescribed in Schedule'
A' provided:
(a) The removal
of cargo is permitted from the Port Trust's transit space during each period.
(b) The cargo
delivered out of Bond is for shipment to a vessel which has applied to work
during such period.
(c) The bonders
concerned obtain the necessary permission from the Collector of Customs &
Central Excise by 3 p.m. on working days (or by 1 p.m. on Saturdays.)
Admission of goods into the
warehouse as also delivers from the warehouse for shipment should be carried
out under Customs supervision, which can be arranged for by the bonders with
Collector of Customs and Central Excise.
Regulation - 14. Loss of Warrants.
(i) Goods shall
not be delivered out of bond without the production of the original warrant
issued for the goods.
(ii) In case the
original warrant issued is lost duplicate warrant may be issued by the Traffic Manager
on payment of the fees prescribed in the Schedule 'B' attached to these
Regulations after the bonders have complied with the following procedure.
(a) The loss
should be advertised in a local Malayalam Daily Newspaper and an English daily
having local circulation at the expense of the Bonders.
(b) A Bond or
Agreement, in form attached, indemnifying the Board from all loss which may be
incurred by reason of the presentation of the original warrant should be
executed by the bonders and a substantial surety, for due performance of the
obligations under such bond should be given by them to the satisfaction of the
Board.
A duplicate
warrant will be issued if necessary, after the lapse of seven clear days from
the last date on which the loss was advertised.
Schedule A
(Prescribed
under Section 48 (1) of the Major Port Trust Act. 1963)
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I.Overtime
Fees
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Item No.
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Description of Service
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Charges Payable
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(i)
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Admission or delivery
done out side working hours on working days.
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Rs. 30.00 per hour or
part thereof subject to a minimum of Rs. 60.00 from each applicant.
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(ii)
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Admission or delivery
done on Sundays and holidays.
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Rs. 60.00 per hour or
part thereof subject to a minimum of Rs 120.00 form each applicant
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Conditions:
(1) Application
for (i) overtime work including night work on Sunday and holidays must reach
the Traffic Manager, Cochin Port Trust with copy to Wharf Superintendent not
later than 3 p.m. on the previous working any and (ii) for work, including
night work, outside working hours on working days not later than 3 p.m. on the
same pay.
(2) Overtime
work shall not ordinarily be permitted between 12 noon and 1 p.m., 5 p.m and 6
p.m., 10 p.m. and 11 p.m., 3 a.m. and 8 a.m.
(3) Applications
for overtime work shall be accompanied by the full amount of fees chargeable
for such work but the Traffic Manager may allow such payment to be made within
a week of the date of the submission of the bill after obtaining the necessary
guarantee to the affect.
(4) The
overtime fees at the prescribed rates shall be paid by each applicant applying
for such work, whether the services requisitioned are availed of or not.
(5) For
purposes of these rules "Holiday" means any day declared to be
holiday in this behalf by the Port Trust Authority and 'working hours' means 8
a.m. to 12 Noon and 1 p.m. to 5 p.m.
(6) Applications
for keeping open the Public Bonded warehouse will not entitle to overtime work
in the Transit Sheds for delivery of import cargo into bond or receipt of
export cargo for shipment from bond for which separate applications shall be
made to the Traffic Manager, Cochin Port Trust, in accordance with the Port
Trust Rules.
Schedule B
Prescribed
under Section 48 (1) If the Major Port Trust Act, 1963)
Form of
Indeminity to be executed by persons Requiring Duplicate Warrant for Bonded
Goods, When the Original is lost, Under Regulation 13 (ii) (b).
We (or I), A. B., now
of.................................and C & D of the same place are jointly
and severally bound to the Port Trust of Cochin, their successors, and assigns
in the sum of Rs..........to be paid to the said Port, their successors, or
assigns for which payment we jointly and severally bind ourselves respectively
and our legal representatives
Dated
.................this................ day of..................19.........
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Where as the warrant
dated..............the day of..............19............and bearing
Number.......................which was issued by the said Port Trust
to................in respect of.............has been lost or mislaid. And
whereas the said........................owners of the said goods and have on
the advertised in the.......................newspapers the loss of the said
warrant but no answer has been received to the said advertisements and the
said had applied to the said Port Trust to issue duplicate of the
said..............warrant which they have agreed to do upon receiving this
indemnity. And whereas the said...................have at the request of the
said agreed to become their surety for the performance of the conditions..
hereinafter contained.
II
Charges for the Issue of Warrants:
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(i) For issue of single
warrant for goods covered by a Bond Bill of Entry.
(ii) For issue of
warrants for each of the sub-items covered by a Bond Bill of Entry
(iii) For issue of a
duplicate warrant, original having been lost
(iv) For issue of
certificate of goods on hand covered by a warrant.
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Free
Rs. 4.00 for each
warrant in excess of one
Rs. 12.00 per each copy
of duplicate warrant.
Rs 12.00 per each
certificate.
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Now the condition of the above
written Bond is such that if the...........and the said...........and their
respective legal representatives or any or either of them shall and will from
time to time and at all times hereafter effectively indemnify and save harmless
the said Port Trust their successors assigns from and against all suits, cost,
charges, damage, claim and demands whatsoever which shall or may at any time or
times hereinafter be brought or prosecuted against the said Port Trust their
successors or assigns by any person or persons whomsoever by reason of the said
warrant not having been handed over by the said Port Trust to the
said.............or for or by any reason or on account of any other matter or
thing whatsoever in anywise relating to premises, than the above written Bond is
to be void and of no effect otherwise the same shall be and remain in full
force and virtue.
Signed, sealed and delivery
by.