Customs P N as per SC order.pdf

7/25/2019 Customs P N as per SC order.pdf

1/5

Office

of

the Commissioner

of

Customs

(Preventive)

Sarda

House,

Opp.

Panchavati,

Bedi Bunder

Road,

_

Ian13gry361m1-

: PUBLICNOTICE

o.

o PtrruqrccP/IMR;DArE:

clrtlunS

Sub

Implementation

of

the

Hon'ble

Supreme

Court

order

dated

06.09.2007

n

writ

Petit ion

No.657/1995

rled by

Research

Foundation

for science

Technology

and

Resource

Policy

vs.

Union

of

India & Others

It is brought

to the

notice of

importer

of

the

ships

for breaking

/recyclers/ship

wners

and membersof the trade that consequent pon the Honble

Supreme

Court

order

dated

06.09.2007

n

Writ

Petit ion

No657/1995

fi led by

Research

Foundation

for

Science

Technology

and

Resource

Policy

Vs' Union

of

lndia

& Others,

a Comprehensive

Code

incorpording

the

recommendations

made

by

the

Commifree

of

Technical

Experts

(CTE) is required

to

be

formulated

until

the

concerned

tatues

re amended

o that

he

same

are

n line

with the

recommendations

of

the CTE

The

comprehensive

ode

will

be

formulated

by

the

Ministry

of Steel.

l. lorvever.

nti l

the

code comes

nto

play,

various ecommendations

f

the C'l'E

shall

be

operative

y

virtueof the

Hon'bleSupreme

ourt

order

dated

6'hSeptember,

007'

Z.

As directed

by

the

Hon'ble

Supreme

Court

vide the

said

order,

the

officials

of

Gujarat

Maritime

Board alongwith

officials

of

the Gujarat

Pollution

Control

Board,

the

Customs

Department,

National

Institute

of

Occupational

Health and

Atomic

Hrrergy

lLegulatory

Board

shalt

oversee

the

ship

breaking

arrangements

and

implementation

f

the

recommendations

f

CTE

until

further

orders.

The

Collector

of the concernedDistrict shall be associatedwhen the aAualdismantling takesplace.

'fhese

authorities

shall also

vet the

documents

mentioned

n

various

chapters

of

the

report

o be

submitted

by

the

ship

owrrer

or the

purpose

of

grant of

permission

or

ship

breaking

^g '

11

J.' - r\?P"

\


2/5

J. In this

regard the

following

procedure

s laid do'wn

for compliance

by all

cortcclrted

A.

Process

or

Anchoring :

l. As per para 3.1 of the SupremeCourt's order dated06.09.2007 he importeri

shipow,ner

recyclershould

submit

the

following

documents

well

in advance

of the

arrival

of

the ship

for

recycling

for

desk

review

by

the Gujarat

Maritime

Board

(GMB)

in

consultation

with Gujarat

Pollution

Control

Board

(GPCB)

and

Customs

I)epartment

a)

Nameof the Ship

b)

IMO

Identification

No

Flag

CallSign

Nameof the

Masterof the

Shipand

his

nationality

List of the

crew

g)

GRT/NRT/LDT

f theship

with supporting

ocuments.

h) Assessment f

.hazardous

astes

hazardous

ubstances

In

the

structure f the ship,andonBoardas ar aspracticabley referenceo

the ship's,

drawings,

echnical

pecifications,

hip's

stores,

manifest,

n

consultation

ith the ship

builder,equipment

manufacturers

nd

others

asappropriate.

n the case

f ships

of

special

oncern,

n

addition

o

identification

and

marking

of

all

areas

containing

hazardous

wastes/substances

ould

also

be

n@essary.

il On

receipt

of all the

above

mentioned

ocuments

rom

the

importer/

ship

owner

recycler,

he Superintendent

f Customs

SBY),

will

undertake

he desk

review

or

recommending

ermissionor anchorageo GMB within two working

da,ys.

,\'hile

oing

so,

Superintendent

SBY)

should

eep

n

view

he

provisions

f

theCustoms

Act,1962,

he ules

and

egulations

ade

here

under,

ther

nstructions

issued

nder he

Standing

rders

Public

Notices

nd

other

allied

Acts

rom

time

o

time

d)

e)

f)


3/5

(ttl)

In case,

he

ship

is

permitted

for

anchoring'

he

Superintendent

SBY) shall

tbrward

the

Desk

Review

report

/

opinion

to

the

Port

officer,

GMB,

Alang

with

a

copy

hereof

o

the

importer/ship

owner

recycler'

(lv1 In caseof refusal for anchoringof the ship, the SuperintendentSBY) shall

forward

the

desk

review

report

/

opinion,

assigning

specific

reasons

or

such

refusal

to

the

port

offrcer,

GMB

with

a

copy

thereof

o

the

importer/ship

owner

/

recycler

He

shall

also

send

a

copy

of

the

desk

review

report

/

opinion

to

the

Assistant

commissioner

Deputy

commissioner

f

customs,

ustoms

Division'

Bhavnagar'

(v) ln

case

he

importer/ship

owner

lr*ycler

feels

aggrieved

by

the

refusal

or

anchoring,

he

may

file

review

application

before

the

Assistant

commissioner

/

Deputy

Commissioner,

Customs

Division,

Bhavnagar'

who

shall

dispose

of

the

review

application

within

tkee

working

days

from

the

date

of

receipt of review

application.

Assistant

commissioner

/ Deputv

commissioner,

Bhavnagar

may

hear

the

ship

owner

/

recycler

personally

if

they

so

desired'

The

importeriship

owner

/ r e c y c l e r f e e l i n g a g g r i e v e d b y t h e o r d e r o f r e v i e w p a s s e d b y t h e A s s i s t a n t

Comnt iss ioner iDeputyCommiss ionermayf t leanappea|before lo in t /Add i t iona l

commissioner

n charge

Bhavnagar

Division,

who

shall

dispose

of

the

same

within

a

periodoff iveworkingdaysfrom,thedateofreceiptofappeal.Addl.Commissioner/

Joint commissioner

may

hear

the

importer/Ship

owner

/

recycler

personally

f they

desire

B.

Process

f

Beaching

(I)

The

modalities

f

beaching

ermission

s

discussed

n

para

3

2

of

Supreme

Courtorder .At theAnchoragetheshipshouldbeboardedbyoff icersofCustoms

and

he

customs

officer

should

hysically

erify

he

data

submissions

rovided

y

the mpor.ter/shlpwner

recycler,

which

was

submitted

br

desk

eview

along

with

representatives

f

other

agencies.

On

he

basis

f

verification

epoft

submitted

y

the

boa rd ingo f f t ce r 'Supe r i n tenden t (SBY)sha l l dec idewhe the r thesh ipcanbe

permitted

or

beaching

or

not'

Before

giving

the

permission

or

beaching

he

Superintendent

hall

eep

n

mind

all

relevant

rovisions

f

customs

Act'

1962'

Rules

and

Regulations

ade

here

under

and

standing

rders

and

Public

Notices

ssued

n

the

subject

f

ship

breaking

nd

other

elevant

llied

acts

rom

ime

o

time'


4/5

(ff)

In case, he ship

s

permitted or

beaching,

he Superintendent

SBY)

shall

lbrward

his report

opinion

o the Port Offrcer,

GMB,

Alang with a

copy thereof

o

the

mporter/ship

wner recycler.

(m)

In case he Superintendent

SBY),

Alang refuses he

permissionor

beaching

he

should

orwardhis

report

with specific

easonsor such

efusal o

Port

Ofticer

of

GMB

and shall

endorse

a

copy of

this

report

o

AssistantCommissioner

Deputy

Commissioner,

havnagarand Ship Owner

n

ryrterl-ffi

ihe

importer/Ship

Owner

/Recycler feels aggrieved

by the

decision of

the

Supdt.,

Alang, the

importer/ShipOwner /Recycler may file review application before Assistant

Commissioner

Deputy

Commissioner,

havnagar,who shall

pass

order on

review

application

within 3

days'

from

the

receipt

of

review application

after

giving

opportunity

or

personal

earing,

fso desired.

(W)

If the

importer/Ship wner

Recycler

eels

aggrieved

y

the

review order

passed

by

the

AssistantCommissioner

Deputy Commissioner,

Bhavnagar,

he

importer/Ship

Owner/Recycler

may file appealbefore

Additional

Commissioner

Joint

Commissioner

c.

Bhavnagar

ivisionwho shall

disposed

ffthe

same

within a

period

f

five

working

days'

&om

hedateof

receipt f

appeal.

Addl. Commissioner

i

JointCommission

r may

grant

personal

earing

o the

party

f sodesired.

(V)

In

case

f ships

of special

oncern

.e.

ships

whichare

mentioned

n Para

3

of

rhe SupremeCourt

udgment,

Supdt.

SBY),

.Alang hould

himself

pafticipate n

the

boarding

and

process

f

physicalverification

of

the data

submissions

rovided

by

the

mporter/ship reaker

recyclerwhich

was submitted

or desk

eview along

with

representatives

f otheragencies.

updt.

Alangshould

ubmit

his

verification

eport

to Assistant ommissionerDeputyCommissioner,havnagar.Thepermissionor

beaching

f

the

special

concern

vessels hould

be accorded

y

the

Assistant

Commissioner

Deputy Commissioner,

havnagar

ivision

after

considering

he

verification

eport received rom

Supdt.

SBB

Alang.

In such

cases

he

process

f

review

and appeal

shall

be carried

out by the

Joint

/

Additional

Commissionet

Uc.

Bhavnasar

ivisionand he

Commissioner

f Customs,

amnagar

espectively.


5/5

C.

The

Assistant

Commissioner

/

Deputy

Commiss.

-lT;,ll."l#I

n

overseeing

the

ship-breaking

arrangements

and

mprementing

the

recommendations

f

cTE

asdirectedby the Hon'breSupreme

ourt

untir

further

orders.

4,

For

the

shi

ramnagarcusroms:,::"T::#;:jt

the

ship

Breaking

vard

ar

sachana

n

fbllowed

muhti.s

mutandis.

rre

prescribed

in

this

pub/ic

Notice

musa

be

5.

It

is

made

c

breakingincruding":ilT,j',:ffiffi

:,"

',T:ff,,,il,:T",::

present

ha'

continue

o

be

otowed

n

addition

o

the

procedure

rescribed

above.

6'

'Any

difl)cu)ty

encounteredin the imprementation

of

this

pubric

Notice

shou,d

e

mmediately

brought

o

the

notice

f

the

undersigned.

3*;

HilihTf

xac

"vnns;4fi2

Copy

to

:

As

per

mailing ist.

,-w--x-d

ffi..u

COMMISSION'ER

-

Customs P N as per SC order.pdf

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