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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"
\
7/25/2019 Customs P N as per SC order.pdf
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)
7/25/2019 Customs P N as per SC order.pdf
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'
7/25/2019 Customs P N as per SC order.pdf
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.
7/25/2019 Customs P N as per SC order.pdf
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
-