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Provide a kiosk for passengers & assistance to fill baggage declaration at airport

MARCH 06, 2016

By G Jayaprakash, Advocate

THE necessity to declare the content of the baggage is provided under Section 77 of the Customs Act, 1962 by the following words:

"The owner of any baggage shall, for the purpose of clearing it, make a declaration of its contents to the proper officer."

To ensure hassle free passage of passengers (read VVIPs), green channels are introduced to skip the requirement of declaration of the content of baggage before proper officer. The writer had penned a piece Sense of History and the Role of Customs Officials where in the process of declaration of content of baggage was explained and suggestion was made of the need for accountability of officials.

The year 2013 saw the enactment of "The Customs Baggage Declaration Regulations, 2013" effective from 2014 mandating a written declaration of the content of baggage by passengers entering India from outside India. This declaration appeared to be a half hearted attempt to contain smuggling if we read the Regulations enacted in 2013 in tandem with the recent revelations of foreign assets of certain kith and kin. The Budget 2016 amended the Regulation to provide that declaration will have to be filed only by those passengers who carry dutiable or prohibited goods.

As per the law enacted by the Parliament, a passenger entering India from outside India is bound to declare the content of the Baggage and the Regulations enacted mandate its declaration in writing. Without considering the different status of passengers, the Regulation requires filing of the declaration like filing of passenger manifest by the Carriers (Airlines) immediately on arrival. To enable it, one has to fill it up within the Aircraft. This will be difficult for the aged, children and the ‘not so educated' class of passengers. The lapses in declaring any item, which may be dutiable or prohibited, will adversely affect the passenger.

Will the authorities consider setting up space/kiosk for the passengers to fill up the declaration within the baggage hall and provide assistance, if required? Recently an Appellate authority observed that the passenger can refuse to sign the seizure document if the goods are seized within the baggage hall before giving an opportunity to declare. What Justice Harvey Perry stated about the undisputed sovereignty of the Excise Officials is equally applicable to the Customs Officials in the Baggage Hall. A convenient space to fill up the Customs Baggage Declaration inside the baggage hall will go a long way in reminding the passengers the necessity to declare the dutiable or prohibited goods by reassessing the content of the baggage and will save them from the overzealous officials' adjudication thirst.

Ease of a pleasant journey is also a part of ease of doing business and hope those who are committed to make ease of doing business in India will consider providing space for passengers to fill up the Baggage declaration inside the Baggage hall.

(DISCLAIMER : The views expressed are strictly of the author and Taxindiaonline.com doesn't necessarily subscribe to the same. Taxindiaonline.com Pvt. Ltd. is not responsible or liable for any loss or damage caused to anyone due to any interpretation, error, omission in the articles being hosted on the sites)

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Sub: Provide kiosks at the international airports

Author's request that 'the authorities to consider setting up space / kiosk for the passengers to fill up the declaration form within the baggage hall and to provide assistance, if required' is an excellent suggestion which could be implemented. The recent Budgetary Changes in Baggage rules to increase the free allowance and to restrict the procedure of filling up of the customs baggage declaration form, only by the passengers carrying 'dutiable and prohibited goods' is a welcome reform. Setting up the kiosks , providing proper 'space and form' to fill up, and the assistance to fill in the form, if required by the passenger, will infuse further confidence to all such passengers who can't fill the forms. This real time assistance is what such a passenger needs and desires. This type of facility will receive appreciation and promotes the image of the department. The department has recently launched a mobile app to educate passengers to know the baggage rules, which is an excellent step that has received appreciation. We can walk further by setting up useful kiosks and help centres.

M G Kodandaram, Superintendent of Excise and Customs, faculty, NACEN,Bengaluru.

Posted by madihally kodandaram
 
Sub: Baggage declaration

Nicely written.Image building exercise as a Trade fecilitator is the need of the hour All said and done for any inconvenience in airport like delay to get baggage pilferage non receipt of baggage etc etc the CUSTOMS will be at the receiving end As regards filling up the form of declaration in olen days the form for Immigration and customs clearence was same sheet and the Immigration dept return the portion meant for cutoms clearence In the system within the aircraft necesary help will be provided by the crew to the needy and illiterate to fill up same If the Custom declaration is also got filled up as hetherto it will go a long way.Providing Kiosk and help desk can also be considered for the needy.Kudos for the novel idea

Posted by Unnikrishnan V
 

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