TMI BlogDisposal of firearms imported as baggage under transfer of residence – reg.X X X X Extracts X X X X X X X X Extracts X X X X ..... /2009-2014(RE-2010), dated 17.10.2011. Accordingly, Para 2.43.2 of the Handbook of Procedures Vol.I, 2009-2014 stands modified and amongst other changes it now provides that transfer of imported firearms will not require permission from DGFT after ten years of import. Imports under baggage are exempt from the normal provisions of the Foreign Trade Policy in terms the Foreign Trade (Exemptions from Application of Rules in Certain Cases) Order, 1993. Thus, the said DGFT s Public Notice dated 17.10.2011 does not apply to imports as baggage. The implication is that the relaxation provided by DGFT does not apply to firearms imported as baggage under transfer of residence and the restriction that these cannot be disposed in any manner during the lifetime of the importer continues to apply. This places persons importing firearms as baggage at a disadvantage viz-a-viz other importers. 3. DGFT was consulted in order to address the inequitable situation aforementioned. DGFT has clarified that the relaxation at their end in regard to allowing the disposal of imported firearms was made in consultation with the Ministry of Home Affairs, amongst others. DGFT has also recommended ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stic consumers. Suggestion Based on CAD determine the import of quantity of gold allowed for import and regulate the same by a licensing scheme. All present eligible categories would be entitled to the import and their individual quotas determined as follows: - Status holders - 10% (or some other %) of previous year s export - Others a fixed % of their previous years business. The import policy is to be formulated by DGFT. *** Circular No.13/2009-Customs Dated: 23 rd March, 2009 . Para 4.2 . Further, major ports notified under the Major Port Trusts Act, 1963 and airports notified under the Airports Authority of India Act, 1994 will continue to be authorised to function as custodians under their respective Acts and these regulations shall not impact their approval as a custodian. In this regard, it may be noted that section 45 of the Customs Act, 1962, which provides for approval of custodians makes an exception to these custodians who are otherwise approved under any law for the time being in force. Accordingly, the Port Trusts of the notified major ports and the Airports Authority of India shall not be required to make an application under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eady for receiving, landing and shipping or for landing or for shipping goods or passengers from and upon sea- going vessels. (2) As from the date of the publication of such notification for the third time, it shall be lawful for the Board, from time to time, when there is room at such dock berth, wharf, quay, stage, jetty or pier, to order to come alongside of such dock, berth, wharf, quay, stage, jetty or pier for the purpose of landing and shipping goods or passengers or for landing or for shipping the same, any sea- going vessel within the port or port approaches which has not commenced to discharge goods or passengers, or which being about to take in goods or passengers, has not commenced to do so: Provided that before making such order, the Board shall have regard, as far as possible, to the convenience of such vessel and of the shippers, in respect of the use of any particular dock, berth, wharf, quay, stage, jetty or pier: Provided further that if the Board is not the conservator of the port, the Board shall not itself make the order as aforesaid but shall require the conservator of the port, or other person exercising the rights, powers, and authorities of the conservato ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wful for the Board to cause the same to be removed out of the said limits at the expense of the master or owner or agent of the vessel. Section 42. Performance of services by Board or other person. (1) A Board shall have power to undertake the following services:-- (a) landing, shipping or transhipping passengers and goods between vessels in the port and the wharves, piers, quays or docks belonging to or in the possession of the Board; (b) receiving, removing, shifting, transporting, storing or delivering goods brought within the Board' s premises; (c) carrying passengers by rail or by other means within the limits of the port or port approaches, subject to such restrictions and conditions as the Central Government may think fit to impose; 1[ (d) receiving and delivering, transporting and booking and despatching goods originating in the vessels in the port and intended for carriage by the neighbouring railways, or vice versa, as a railway administration under the Indian Railways Act, 1890 ; 9 of 1890[ and] 1 (e) 2[ piloting, hauling, mooring, remooring, hooking, or measuring of vessels or any other service in respect of vessels] (2) A Board may, if so requested ..... 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