Regulations 6-8 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Regulation 6 of the Handling of Cargo in Customs Areas Regulations, 2009 (HCCAR 2009) is the custodian's day-to-day rulebook: records, demarcated areas, no removal without written permission, liability for pilfered goods, no rent on seized goods, ninety days for disposal of unclaimed cargo and a duty to display charges. Regulations 7 and 8 add the Commissioner's power to relax conditions and the need for a written order before operations start.
A Customs Cargo Service provider must keep records, allow no goods out without written permission, admit no export cargo without a shipping bill and no import cargo without an import report or manifest, and be liable to pay duty on goods pilfered after entry. Unclaimed, uncleared or abandoned goods are disposed of in the specified manner within ninety days, extendable for sufficient cause. The Commissioner can exempt a provider from a regulation 5 condition only for reasons beyond its control and never where safety and security of the premises are affected.
Position of the text: as amended up to Notification No. 75/2024-Customs (N.T.) dated 7 November 2024; that notification did not change regulations 6 to 8. Later notifications should be checked; no official consolidated text exists.
These duties attach to a provider approved under the conditions explained in our article on regulations 1 to 5. The Act's provisions on custody are in sections 44 and 45 of the Customs Act, 1962. For a gap review of custodian operations, our compliance advisory team can help.
Regulation 6(1): what the provider must do
| Clause | Duty |
|---|---|
| (a) | Keep a record of imported goods and goods brought for export or transhipment and produce it to the Inspector, Preventive Officer or Examining Officer when required |
| (aa) | Inform the Deputy or Assistant Commissioner immediately on arrival of imported goods in the customs area, and about their departure after clearance (inserted by Notification No. 24/2017) |
| (b) | Keep a record of each activity or action in the movement or handling of imported, export and transhipment goods |
| (c) | Display or make available in another manner the information on process, movement or handling of those goods |
| (d) | Demarcate separate areas for unloading and storing imported goods by category of importer, nature of goods, place of destination, mode of transport or any other criterion the Commissioner specifies |
| (e) | Demarcate separate areas for loading and storing export goods by category of exporter, nature of goods, examined and sealed containers or any other criterion the Commissioner specifies |
| (f) | Not permit goods to be removed from the customs area or otherwise dealt with except with the written permission of the Superintendent or Appraiser |
| (g) | Not permit any export cargo to enter the customs area without a shipping bill or bill of export having been filed with the Deputy or Assistant Commissioner |
| (h) | Not permit any import cargo to enter the customs area or be unloaded without the import report or import manifest having been filed with the Deputy or Assistant Commissioner |
| (i) | Be responsible for the safety and security of imported and export goods in its custody |
| (j) | Be liable to pay duty on goods pilfered after entry in the customs area |
| (k) | Be responsible for the secure transit of goods from the customs area to any other customs area at the same or another customs station, as permitted by the Deputy or Assistant Commissioner |
| (l) | Subject to any other law, not charge any rent or demurrage on goods seized, detained or confiscated by the Superintendent, Appraiser, Inspector, Preventive Officer or Examining Officer |
| (m) | Dispose of imported or export goods lying unclaimed, uncleared or abandoned in the specified manner within ninety days |
| (n) | Not alter the entry or exit points or boundary wall without the permission of the Commissioner |
| (o) | Bear the cost of Customs officers posted, on a cost recovery basis, at the rates and in the manner specified by the Government of India, unless exempted |
| (p) | Observe the Central Government holidays followed by the jurisdictional Customs formations and, if working days vary, inform the Commissioner and the trade at least seven days in advance |
| (q) | Abide by the Act and the rules, regulations, notifications and orders under it |
Three duties that matter most in practice
Gate control (f), (g) and (h). The custodian is the gatekeeper. Cargo cannot leave without the written permission of the Superintendent or Appraiser, export cargo cannot enter without a filed shipping bill or bill of export, and import cargo cannot be unloaded without an import report or manifest on file. A gate that lets goods through without these exposes the custodian to the liability in clause (j) and the penalty in regulation 12.
No rent on seized goods (l). Where Customs seizes, detains or confiscates goods, the custodian cannot charge rent or demurrage on them, subject to any other law in force.
Ninety days for unclaimed cargo (m). The provider disposes of unclaimed, uncleared or abandoned goods in the specified manner, within a time limit of ninety days. The Commissioner may extend the ninety days by such further period as he allows, on sufficient cause being shown for delay in the disposal. The text does not say what "the specified manner" is; it refers to a specification made under the Act.
Regulation 6(2) and 6(3)
An approved provider must not lease, gift, sell, sublet or otherwise transfer any of the premises in a customs area, or sub-contract or outsource functions it is permitted or required to carry out under the regulations, without the written permission of the Commissioner. The provider must also publish and display, at prominent places including its website or web page, the schedule of charges for the various services it provides in relation to imported or export goods in the customs area.
Regulation 7: power to relax and regulate
Regulation 7(1): if the Commissioner is satisfied that, in relation to custody and handling in a customs area, the provider is unable, for reasons beyond its control, to comply with any condition of regulation 5, he may, for reasons recorded in writing, exempt the provider from any of those conditions. The proviso says no exemption is granted for any regulation 5 condition where the overall safety and security of the premises are likely to be affected.
Regulation 7(2): the Commissioner may regulate the entry of goods in a customs area for efficient handling of such goods.
Two limits are visible. The exemption is only for regulation 5 conditions (infrastructure, insurance, bond and similar), not for the responsibilities in regulation 6. And it needs "reasons beyond his control" and recorded reasons, so convenience or cost is not enough.
Regulation 8: commencement of operations
An approved provider must not start operations in a customs area for the first time unless the Commissioner is satisfied that all requirements of the Act have been fulfilled and grants permission to commence by an order in writing. Approval and permission to commence are therefore two steps: approval under regulation 10, then an order allowing operations to begin.
A worked example
Northern Freight Terminals runs a container freight station. A lorry arrives with export cargo but no shipping bill has been filed; the terminal refuses entry under regulation 6(1)(g). Elsewhere in the yard, a consignment has lain unclaimed for eighty days; the terminal prepares its disposal in the specified manner and, if it cannot finish in time and shows sufficient cause, asks the Commissioner for more time. A consignment that Customs has detained cannot attract rent or demurrage under clause (l). After approval, the terminal waits for the Commissioner's written order before starting operations for the first time under regulation 8.
Practical points
- Keep the written permissions, shipping bill and import report or manifest records with the gate logs.
- Diary the ninety-day limit for each unclaimed consignment; the extension needs a showing of sufficient cause.
- Do not assume a relaxation under regulation 7 reaches the regulation 6 duties.
Need help reviewing custodian operations?
If your CFS, ICD, terminal or airport cargo operation needs a check against regulation 6 duties, the ninety-day disposal timeline and the display of charges, our compliance advisory team can review your procedures.
Key takeaways
- Regulation 6 combines record keeping, demarcated areas, gate control, liability for pilfered goods and display of charges.
- Goods leave only on the written permission of the Superintendent or Appraiser.
- No rent or demurrage on goods seized, detained or confiscated by Customs, subject to other law.
- Unclaimed, uncleared or abandoned goods are disposed of within ninety days, extendable for sufficient cause.
- The Commissioner can relax only regulation 5 conditions, only for reasons beyond the provider's control, and never where safety and security are affected.
- Operations start only after a written order under regulation 8.
Read next
- Regulations 1-5 of the Handling of Cargo in Customs Areas Regulations, 2009: application and custodian conditions
- Regulations 9-13 of the Handling of Cargo in Customs Areas Regulations, 2009: approval, AEO validity, suspension and renewal
- Sections 141, 144 and 145 of the Customs Act, 1962: control in a customs area, samples and owner operations
Disclaimer: Based on the customs regulations named above as published on the CBIC Tax Information Portal or in the Gazette and, for sets amended since 2023, the amending notifications (read through a TaxClue consolidated reading text; no official consolidated text exists), as consulted on 3 October 2026. Later notifications, fees and the Customs Act, 1962 provisions referred to should be checked. This article is general information, not legal advice; check the official text before acting.