Sub:CFS NOTIFICATION NO 12-2023

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----- Start of picture text -----<br> e<br>Ee OFFICE OFTHE COMMISSIONER OF CUSTOMS,<br>es CCSP Cell,NHAVA JawaharlalSHEVA Nehru (GENERAL) Custom House,<br>eee E-mail Id: cfs.managementcelk@gmail.com<br>----- End of picture text -----<br>

F. No: S/5-Gen-37 /2022-23 CCSP CELL

Date: 10.02.2023

DIN: 20230278NU00006606A2

Notification No.12

(LOA) Jawaharlal Nehru Port Authority (JNPA) has issued the letter of Award for the work of up-gradation, operation, maintenance and_ transfer (UOMT) of Jawaharlal Nehru Port Container Terminal through PPP on 28th June, 2022 to Nhava Sheva Free Port Terminal Pvt. Ltd. (NFST) (i.e JM Baxi Ports & Logistics Ltd. with consortium member CMA Terminals) for a period of 30 years from the date of Award of concession. The concession agreement was signed on 29% July 2022 by JNPA with the Nhava Sheva Freeport Terminal Private Limited. As per concession agreement, the Concessioner (NSFT) will assume the custodianship of the Container Berth, Yard, Container Gate complex & Rail siding as the same will be handed over by the JNPA on the date of award of concession. The map of Jawaharlal Nehru Port Container Terminal Area including the coordinates which has been handed over to Nhava Sheva Freeport Terminal Private Limited is attached herewith.

The Jawaharlal Nehru Port Container Terminal (JNPCT) is already a Customs notified area under the Customs Act as a proper landing place for loading and unloading of Containers. The Nhava Sheva Port was notified as Major Port under the Indian Port Act, 1908 on 28.05.1982 vide the Gazette Notification and the same was renamed as Jawaharlal Nehru Port vide Gazette notification dated 26.05.1989. The Port area was declared as Customs Area, for the purpose of unloading of imported goods and loading of export goods or any | other class of goods by the then Jurisdictional Commissioner (Collector) of Customs, Mumbai vide notification No. 15/89 dated 28.02.1989. Nhava Sheva | Freeport Terminal private Ltd. will carry out Container Terminal operations of | JNPA, in the same premises including the Wharf, Yard and Gate area, hence,

The total area of land is 5,47,434.144 Sqmtrs and the details of the area transferred by JNPA to NSFT for the loading and unloading of goods is as under and the map of the same is attached herewith along with coordinates:

141 Now, in exercise of the powers conferred on me under Section 45(1) and (2) of the Customs Act, 1962, I, D.S. Garbyal, Commissioner of Customs | (General), Jawaharlal Nehru Custom House, Mumbai Zone-II, Nhava Sheva hereby appoint Nhava Sheva Free Port Terminal Private Limited to be the Custodian of the imported goods received at the port Terminal of Nhava Sheva

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Free Port Terminal Private Limited located inside the Jawaharlal Nehru Port, Taluka- Uran, Dist: Raigad, Maharashtra until these are delivered to the CFSs or are transhipped in accordance with the provision of Chapter VIII of the Customs Act, 1962. Similarly, Nhava Sheva Free Port Terminal Private Limited will also be the custodian of the Export cargo brought into said port Terminal till their exportation through Jawaharlal Nehru Port.

• Further, in exercise of the powers conferred on me under Regulation 10

• of the “Handling of Cargo in Customs Areas Regulations, 2009” I, D.S. Garbyal, Commissioner of Customs (General), Jawaharlal Nehru Custom House, Mumbai Zone-IIl, Nhava Sheva hereby appoint Nhava Sheva Free Port Terminal Private Limited as a “Customs Cargo Service Provider” for the abovementioned Port Terminal of Nhava Sheva Free Port Terminal subject to the following conditions:1. The Custodian Nhava Sheva Free Port Terminal Private Limited approved as Customs Cargo Service Provider for the said Port Terminal shall abide by all the provisions of the Customs Act, 1962 and the rules of Handling of Cargo in Customs Areas Regulations, 2009, other Regulations, Notifications, Orders issued there under.

• 2. The duration of the appointment of Nhava Sheva Free Port Terminal Private Limited as “Custodian” and “Customs Cargo Service Provider” shall remain for two (02) years from the date of issuance of this notification.
• 3. The Commissioner of Customs (General), JNCH shall have the right to review the approval as “Customs Cargo Service Provider” before the completion of two years for failure to comply with any of the Regulations of the “Handling of Cargo in Customs Areas Regulations, 2009” or as per the directions of the Government of India.
• 4. Nhava Sheva Free Port Terminal will submit the copy of MPCB consent after transfer of name in the Nhava Sheva Free Port Terminal and till that time Nhava Sheva Free Port terminal shall operate the Container Terminal under the responsibility of JNPA as consented by the JNPA vide their letter dated 05.02.2023. At present the MPCB consent is in the name of JNPA and the MPCB Consent is yet to be amended in the name of Nhava Sheva Free Port Terminal by MPCB.
• 5. As per undertaking dated 10.02.2023 by M/s NhavaSheva Free Port Terminal Pvt. Ld., they are bound to submit the Insurance Policy Documents issued from M/s The New India Assurance Co. Ltd. for an amount of Rs. 8,30,00,00,000/- (Rs. Eight Hundred and Thirty Crore only) by the end of business day on 25.02.2023. If M/s NhavaSheva Free Port Terminal Pvt. Ltd. fails to comply with it, this notification will be treated as null and void thereafter and no vessel will be allowed for loading, unloading and berthing purpose. -"

• (D.S< Kathi)

• Commissioner of Customs (General) JNCH