Latest news with #2016
Time of India
2 days ago
- Time of India
Wife's to get back her seized 998 purity gold jewellery as Delhi High Court held purity of gold has no relation with Baggage Rules, 2016
Academy Empower your mind, elevate your skills When did this case start? March 19, 2024: A woman returned to Delhi after visiting her husband who is working in Riyadh, Saudi Arabia. Her four gold bangles were seized by customs officers as she did not fill in the appropriate customs declaration form. A woman returned to Delhi after visiting her husband who is working in Riyadh, Saudi Arabia. Her four gold bangles were seized by customs officers as she did not fill in the appropriate customs declaration form. October 9, 2024: She argued that the confiscated gold jewellery items were her personal jewellery but the officials did not listen. An order-in-original was issued by which absolute confiscation of the four gold bangles was made operative. The customs department also imposed a penalty of Rs 1 lakh. What did the Delhi High Court say? The Court has considered the matter. It is to be noted that no personal hearing has been granted to the Petitioner in the present case. Perusal of the impugned order would show that the Adjudicating Authority holds that the Petitioner is an ineligible passenger and has relied under Rule 5 of the Baggage Rules, 2016 to hold that the cap which has been fixed under the said rule is much lower and the value of the gold which the Petitioner was carrying is higher. Further, the Adjudicating Authority (customs department) records that these are four gold bangles with average purity of 998 and therefore, it is not in the nature of jewellery. The weight of four gold bangles collectively is 100 grams which means that each bangle weighs 25 grams. On the aspect of personal effects and jewellery, the Adjudicating Authority has merely held that because of the purity, the same cannot be considered as personal jewellery as it is prohibited goods. This is contrary to the settled law. Here is the Judgement ET Online Infographic What is the significance of this case? The Petitioner (wife) could not be allowed clearance free of duty since the value of the gold which the Petitioner was carrying was much higher than the cap which has been fixed under Rule 5 of the Baggage Rules, 2016. The purity of the gold bangles was 998 (i.e. 99.8%) and, therefore, cannot be treated as "personal jewellery". While no explanation for this argument was provided in the Order passed by the Customs Department or the Delhi High Court, it is possible that the basis of the said argument was that jewellery is mostly manufactured using 22 or lower karats (91.6% or lower purity Gold). Further import of gold of a purity higher than 99.5% is restricted in India and gold of such purity is usually imported for commercial purposes. Customs officials must distinguish between personal jewellery (used, bona fide, worn or carried for personal use) and jewellery in general for purposes of the Baggage Rules, 2016. High purity (e.g. 24 karat) or high value alone does not automatically disqualify jewellery from being treated as 'personal effects' . The court applied Pushpa Lekhumal Tolani (2017) and Saba Simran (2024) (cases), holding that bona fide personal jewellery is not liable to confiscation if carried for personal use Absolute confiscation without giving an option for redemption, fine, penalty or payment of duty is an extreme measure and unwarranted in bona fide personal jewellery cases. Personal hearing and issuance of Show Cause Notice (SCN) in confiscation proceedings cannot be waived or denied. This judgment strengthens travellers' protection against arbitrary seizure of personal gold jewellery. Customs officers must consider whether jewellery is personal, used, and bona fide rather than relying solely on purity or value thresholds. The Petitioner did not declare the four gold bangles at the Red Channel or to the Customs Officer at the Green Channel, which was treated as a violation of the Baggage Rules, 2016 and Customs Act, 1962. The Petitioner was declared an 'ineligible passenger' under Notification No. 50/2017 - Customs read with the Baggage Rules, 2016. The total value of the bangles exceeded the monetary limit in Rule 5 of the Baggage Rules. The bangles had an average purity of 998 (24 karat) due to which the authority held that they were 'prohibited goods.' The Customs Adjudicating Authority treated the items as undeclared, high-purity gold exceeding the baggage allowance and therefore liable to absolute confiscation. As observed by the Delhi High Court, the Customs Adjudicating Authority noted the purity and value of the bangles and concluded that such purity meant the bangles were prohibited goods and could not be considered 'personal jewellery,' contrary to settled law. Therefore, the Delhi High Court set aside the confiscation order and issued directions for the release of the bangles to the Petitioner. The Delhi High Court recently provided relief to a woman (Mrs. Shamina) whose four gold bangles (jewellery), weighing 100 grams in total, were seized by customs officers at Indira Gandhi International Airport, New Delhi. She claimed that she is an Indian citizen, who had gone to Riyadh, Saudi Arabia to meet her husband and was wearing the said four gold bangles which formed part of her personal she arrived at New Delhi international airport, she didn't declare the gold bangles because they were her personal jewellery. She claimed that she is an eligible passenger under the Baggage Rules, 2016, and those confiscated gold bangles are her own extract of the customs department order issued against her read: 'i) I deny the 'Free Allowance', if any, admissible to the Pax Shamina for not declaring the detained goods to the Proper Officer at Red Channel as well to the Customs Officer at Green Channel who intercepted her and recovered the detained goods from her. I declare the passenger Shamina as an "ineligible Passenger" for the purpose of the Notification No. 50/2017- Customs dated 30.06.2017 (as amended) read with Baggage Rules, 2016 (as amended)..."The customs department also contended that the gold items she refers to as personal jewellery can't be classified as such, given that their purity is 998 (99.8% pure) i.e. 24 karat. Apart from confiscating her gold jewellery items, the customs department also imposed a penalty of Rs 1 lakh under section 112 (a) and 112(b) of the Customs Act, 1962 on those unfamiliar, in India, personal gold jewellery is typically made from 22 karat (91.6% pure) gold or lower Because of this, the import of gold with a purity exceeding 99.5% is restricted in India for jewellery purposes. Gold of this higher purity is generally imported for commercial the matter reached Delhi High Court, the judge said that the purity of gold used in making the jewellery is irrelevant when determining if the jewellery can be considered as a passenger's personal effects or Delhi High Court said: 'The weight of four gold bangles collectively is 100 grams which means that each bangle weighs 25 grams. On the aspect of personal effects and jewellery, the Adjudicating Authority has merely held that because of the purity, the same cannot be considered as personal jewellery as it is prohibited goods. This is contrary to the settled law.'Ultimately Shamina won the case in Delhi High Court after fighting for about an year. Keep reading to find out more about the rules for carrying gold jewellery and how she won the case in Delhi High to the order of Delhi High Court dated July 23, 2025, here's the timeline of events:Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta of Delhi High Court said:'In view of the above settled law, absolute confiscation of the four gold bangles without even permitting payment of any duty, redemption fine or penalty seems to be an extreme measure taken by the Adjudicating Authority. Moreover, personal hearing cannot be waived as per the settled law. Under these circumstances, the impugned order is set aside. The detained gold bangles are directed to be released to the Petitioner within four weeks subject to the payment of warehousing charges. The warehousing charges shall be payable in terms of applicable charges on the date of detention.'Also read: Passenger wins Rs 2 lakh as airline lost check-in bag containing his wife's gold jewellery; Know how he won ET Wealth Online reached out to various lawyers about the significance of this judgement. Here's what they said:The Customs had stopped the Petitioner on two grounds -'The judgment passed by the Delhi High Court reaffirms the settled position of law that it is not permissible to completely exclude jewellery from the ambit of 'personal effects'. The Court has also rejected the argument taken by the Customs that the bangles in question cannot be treated as personal effects in view of the purity of gold (99.8%), thereby, clarifying the position that purity of gold used in the making of the jewellery has no relevance for determining whether the jewellery can be treated as "personal effects" or not.''The judgment further emphasizes upon the importance of adherence to principles of natural justice and declares that the Customs Department cannot confiscate personal jewellery without giving a fair hearing to the traveller."Also read: Divorce case: Wife's WhatsApp chats can be valid evidence about her extramarital affair, even when obtained without her consent, rules Madhya Pradesh High Court This decision is significant because it reinforces and clarifies the legal position that:The bangles were confiscated because the Customs Adjudicating Authority concluded that:
Hindustan Times
4 days ago
- Politics
- Hindustan Times
Maharashtra to amend child labour rules, allow hiring child artistes with riders
MUMBAI: The state government has decided to amend the Maharashtra Child Labour (Prohibition and Regulation) Rules, 1997, and set up a taskforce in 36 districts to draw up a comprehensive action plan to rescue children employed illegally. The Child Labour (Prohibition and Regulation) (Amended) Act, 2016 prohibits the employment of children below 14 years in all occupations. The draft of the revised rules was issued on August 7, and suggestions and objections have been sought from citizens within the next 30 days, which will be presented to the labour department. The new rules are being framed after a gap of nearly 30 years. The Child Labour (Prohibition and Regulation) (Amended) Act, 2016 prohibits the employment of children below 14 years in all occupations. It also regulates the work of adolescents between 14-18 years in hazardous occupations and processes. The labour department also issued amended rules for children hired or employed illegally. 'A child may be allowed to work as an artiste subject to the certain conditions,' states the draft rules. While there are stipulated hours of work mandated in the draft, it underscores that production houses must obtain permission from the district collector before hiring the child. While screening films and programmes on television, a disclaimer must be added saying all measures were taken to protect the child during shooting. 'There is also a mandate to make proper arrangements to ensure there is no discontinuity in the child's academic lessons in school. Additionally, no child will be allowed to work consecutively for over 27 days,' said a senior officer from the state labour department. It is also the responsibility of the parents to set aside at least 20% of the child's earnings in a fixed deposit account in a nationalised bank in his/ her name, which will be credited to the child on attaining majority. 'This provision will ensure that the entire income of the child as an artiste will not be spent by their parents and guardians, and a portion of it will be saved for his future,' the official explained. The rule book also underscores that no child will be made to participate 'in any audio visual and sports activity including informal entertainment against his or her will and consent'. In a separate clause, the government has permitted only those children to work who need to support their families. However, to avoid their exploitation, they will be allowed to work only in family enterprises. In such cases, if a child remains absent from school consecutively for 30 days, the school's principal must report the matter to the nodal officer appointed by the district collector'. The government has also decided to set up a Child and Adolescent Rehabilitation Fund, where the amount from fines and penalties in cases of offences will be transferred to the victim once he/ she turns 18. 'Against each case the state government will also deposit ₹15,000, the interest on the total amount will be transferred to the victim's bank account after six months,' informed another official. The accused will be charged between ₹20,000 to ₹50,000 apart from imprisonment between six months to two years. Child rights activist Santosh Shinde termed the amended rules as 'insufficient'. 'The state government missed the opportunity to streamline the process of hiring children, especially those related to child artistes. The rules formulated are patchy, considering the need of the children employed in the film and TV industry. For instance, the government should have looked into the kind of language being used by children in the content shown on web series,' Shinde said. He added that the government 'has tried to emulate the model rules and didn't try to formulate rules according to our need as most of the content is made in Mumbai'.
Indian Express
7 days ago
- Politics
- Indian Express
All about Assam's new arms license portal for ‘indigenous citizens' in ‘vulnerable areas'
Assam Chief Minister Himanta Biswa Sarma on Thursday announced the launch of an online portal through which 'indigenous citizens' living in 'vulnerable and remote areas' can apply for arms licenses. Here's all you need to know. In May, the Assam cabinet had approved a 'Special Scheme for Grant of Arms Licenses to Original Inhabitants and Indigenous Indian Citizens in Vulnerable and Remote Areas of Assam' with the rationale that possession of firearms would enable 'indigenous citizens' to protect themselves from 'demographic and security challenges.' On Thursday, during the launch of the new portal, Sarma reiterated the government's rationale to ease the access to arms in certain parts of the state. 'If I live near the India-Bangladesh border or an inter-state boundary area, or I live in a vulnerable area where my community's population is very small…X community is 90-95% of the population and Y is 5%, and culturally, economically, historically, the communities have had tensions. Then a small incident can also trigger a situation where the 95% community can attack the 5% community, burn their houses, and various incidents can happen. 'A police station will have 6-12 constables for reinforcements to come from the district headquarters, it can take 2-3 hours. In those 2-3 hours, I will have to defend myself. And if people know that this person or house possesses a firearm, that itself will act as a deterrent,' he said. He called the new portal an effort to make citizens 'first responders' in law-and-order situations in remote areas. Who all are eligible to apply for this? The eligibility criteria for the grant of licenses through this portal are that the applicant must be 'an indigenous citizen from Assam,' must be at least 21 years old, must reside in a 'vulnerable and remote area,' must not have a criminal background or pending cases, must be 'physically and mentally fit,' and must have a training certificate under the Arms Rules, 2016. On the portal, which is part of the Assam government's citizen digital services portal Sewa Setu, applicants need to attest to an eligibility declaration that they are an 'original inhabitant' and that 'I reside in a vulnerable or remote area and genuinely perceive a threat to my life and safety due to regional vulnerabilities.' The portal requires an applicant to specify their identity, providing the broad headings of Scheduled Tribe (Plain), Scheduled Tribe (Hill), Scheduled Caste, Hill Tribes in Plains, Plain Tribe in Hills, Other Backward Classes or Others, and lists the different communities under each heading. Among other things, they also need to justify their 'need for a licence.' What does the process entail? Applicants will need to attest that they have no criminal background or pending case against them, and that they have a safe space to store a firearm. Among the documents they will need to provide digitally are proof of date of birth, identity, residence and caste certificates, firearms training certificate, an undertaking on safe use and storage of arms, medical certificates about their mental health and physical fitness, and Aadhaar card. Sarma said that the government in various districts will create a list of 'accredited' people who can provide training to applicants, giving instances of retired police officers and Army officers. An arms licence issued through this process will be valid for a period of five years. The acquisition of arms in India is governed by Arms Rules, 2016 framed under the Arms Act, 1959. 'No person shall acquire, have in his possession, or carry any firearm or ammunition unless he holds in his behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder,' the 1959 Act says. Schedule I of the Arms Rules provides a list of prohibited, restricted and permitted arms and ammunition. Those in the prohibited and restricted categories are difficult, if not impossible, to acquire legally, and licenses in for such arms and ammunition are directly governed by the Union Ministry of Home Affairs. Licenses for arms and ammunition in the permissible category, however, are governed by State governments. As such, rules for obtaining such arms can differ widely from state to state, and State governments have the authority to reframe license requirements as long as their rules do not run afoul of the Centre's Arms Rules.
Indian Express
7 days ago
- General
- Indian Express
Indian Railways done well to incorporate Braille signage in coaches. But a lot more needs doing
Written by Praveen Kumar G During a recent journey in an A1 coach on the Karnataka Express train, I encountered a telling example of how accessibility for blind passengers is often treated as an afterthought. While there was some information provided in Braille — such as berth numbers and alarm details — the implementation was far from user-friendly. The Braille plates were positioned in such a way that they were partially obscured by fixed luggage racks, making them difficult to locate and read. This is not merely a matter of inconvenience; for many travellers with visual disabilities, it is the difference between being able to navigate independently and having to rely on others. What was even more concerning was the absence of vital information in Braille. Critical details such as emergency safety instructions, contact numbers of train attendants, cleaning service information, and procedures for seeking assistance were nowhere to be found in accessible formats. This approach — providing only partial and poorly positioned information — undermines the very purpose of accessibility. It is a piecemeal effort that signals compliance in appearance, but not in substance. The Rights of Persons with Disabilities Act, 2016 (RPwD Act) is explicit: Persons with disabilities are entitled to equal access to information, facilities, and services without discrimination. Section 42 of the Act mandates that all service providers take steps to ensure that information is available in accessible formats, including Braille, audio, and electronic text. Indian Railways, as a public service provider, is legally and morally bound to implement these provisions fully. Partial compliance — such as offering only berth numbers in Braille — falls short of the law's intent. Inaccessible safety information can put blind passengers at direct risk during emergencies. Lack of contact details for attendants can leave passengers stranded without timely assistance. Accessibility is not a courtesy; it is a right that ensures dignity, independence, and safety. It is commendable that Indian Railways has begun incorporating Braille signage in coaches, but the execution must improve dramatically. Authorities should provide complete travel-related information in Braille — safety instructions, contact numbers, complaint procedures, and service information. They must ensure logical and accessible placement of Braille signage — away from obstructions like luggage racks. Use multiple accessible formats — including audio announcements and QR codes linked to screen-reader-friendly information. Accessibility should not be a box-ticking exercise. The RPwD Act provides a strong legal mandate — what is needed now is serious implementation with empathy, consultation with passengers with disabilities, and regular audits for compliance. For India's transport systems to truly serve all citizens, accessibility must move from being symbolic to being substantive, comprehensive, and rights-based. The writer is VSO international social accessibility advisor
Hindustan Times
13-08-2025
- Business
- Hindustan Times
India's Tier 2 & 3 cities: Next real estate growth frontier
India's metropolitan cities have long dominated the real estate landscape, shaping both market trends and public discourse, but the narrative is shifting towards India's Tier 2 and 3 cities. Beyond the metro cities, Tier 2 and Tier 3 cities such as Indore, Ahmedabad, Chandigarh, Jaipur, Coimbatore, Lucknow, Bhubaneswar, Kochi, Surat, Guwahati, and many others are emerging as vibrant real estate hubs. This growth is driven by impetus from rapid urbanisation, logistics corridors like the Delhi Mumbai Industrial Corridor, IT/ITeS investment zones, emergence of global capability centres, together with robust residential and commercial rental markets and the multimodal heft of the PM Gati Shakti programme, positioning these smaller urban centres as the new engines of growth. Real estate(Pexels) For developers seeking to undertake development of residential or commercial project in any of India's Tier 2 or 3 cities, securing necessary statutory approvals and permissions, including land use conversion, building plan approvals, clearances from local fire, pollution, and airport authorities, as well as registering under Real Estate (Regulation and Development) Act, 2016 (RERA), if applicable, are fundamental requirements. These approvals are critical for facilitating financing, and mitigating the risk of work stoppages, penalties, and legal complications which may arise from unauthorised development. Adherence to these legal mandates fosters trust and transparency amongst buyers and investors. To enhance statutory compliance for smaller real estate projects not covered under the RERA, local municipal bodies and development authorities can be empowered to enforce basic transparency and timely completion standards for such developments. Similarly, consumer awareness campaigns and simplified dispute resolution mechanisms can provide buyers and investors with the confidence and recourse they need, without the administrative burden of full RERA compliance. Over the past decade, the Central government in collaboration with state and local authorities has implemented a series of policy reforms and technological initiatives to stimulate growth in the real estate sector, particularly in Tier 2 and 3 cities. A key development has been the digitisation of land records under the Digital India Land Records Modernisation Programme (DILRMP). With a dedicated outlay of 875 crores over a period of five years, under the Union Budget of 2021-2022, together with technological support and administrative assistance to local governments, as per the data made available by the Department of Land Resources, DILRMP has achieved computerisation/digitisation of over 99% of land records and over 97% of cadastral maps nationwide. This significantly reduces the risk of hidden defects that could derail a project at critical stages. Another significant reform is the introduction of the Model Tenancy Act, 2021 (Model Act), which aims to formalise the rental market. While rental arrangements are typically negotiated privately by the concerned parties, however the Model Act provides much required clarity for both sides. States such as Uttar Pradesh, Andhra Pradesh, Tamil Nadu and Assam have already issued notifications for their versions, on the lines of the Model Act reflecting its growing influence. Similarly, recognizing the pivotal role that global capability centres (GCCs) can play in catalysing economic activity, several state governments have begun to adopt policy measures such as production-linked incentives, introduction of 'plug-and-play' infrastructure schemes, expedited single-window approvals, subsidised land leases from government, and enhanced floor-space indices, amongst others. Multiple states including Gujarat, Andhra Pradesh, Karnataka, and Uttar Pradesh amongst others, have enacted tailored policies offering various statutory and fiscal incentives, thereby reducing the real and perceived operational risks of setting-up GCCs outside Tier 1 geographies, and unlocking fresh demand for real estate in emerging urban centres in Tier 2 and 3 cities. In addition to the already growing real estate market for the residential and commercial segments, there is a marked surge in demand for data centres, logistics and warehousing facilities, driven by the technological advancement, expansion of e-commerce and supply chain networks. The growth of these sectors in Tier 2 and tier 3 cities creates employment opportunities locally and also reduces migration to larger cities. This, in turn, supports the growth and development of Tier 2 and Tier 3 cities while simultaneously decreasing the pressure on the infrastructure of Tier 1 cities. Despite advancements, several challenges persist. Zoning norms and municipal by-laws, remain highly fragmented, with variations in floor area ratio limits, parking requirements, and permissible land-use restrictions, which vary not only between states but between adjacent regions, leading to ambiguity and complications in implementation of the projects. Developers often face the onerous task of securing multiple approvals, each of which is issued by different authorities with different timelines. This impacts project implementation timelines, affecting feasibility and returns. Timely and effective redressal of complaints arising across the span of project lifecycle also remains a concern. Although the RERA Act aims to provide time-bound redressal of complaints, delays are common in jurisdictions where authorities lack dedicated administration or face frequent vacancies. While these challenges and obstacles impact the real estate sector, the macro-economic outlook for Tier 2 and 3 cities remains highly positive. Policy makers, for their part, bear the responsibility of harmonising local development regulations and infrastructure in Tier 2 and 3 cities with long-term growth objectives. Streamlining approvals through digital platforms, ensuring efficient compliance procedures, and rationalising stamp duties can create a virtuous cycle: improved compliance reduces risk, which in turn fuels growth of larger, better-financed projects, generating higher revenues and employment. The experience of states like Gujarat, where the GARVI portal integrates land records, property tax data, and other property related information and systems into a single interface, serves as a model for others to follow. Ultimately the success of India's Tier 2 and tier 3 hinges on efficient statutory procedures and infrastructure growth. As the next avenue of growth unfolds, the cities that pair infrastructure with ease of doing business will outpace peers, and the developers who embrace this synergy will be at the forefront of the new chapter of India's real-estate sector in Tier 2 and 3 cities. This article is authored by Shurtikirti Kumar, partner Shardul Amarchand Mangaldas & Co.
