President promulgates ordinance to amend Customs Tariff Act

New Delhi, January 20, 2003

The President has promulgated an Ordinance amending the Customs Tariff Act, 1975 with prospective effect from February 1, 2003 to enable the trade, commerce and industry to ready themselves to the emerging new commodity classification code. The Act was last amended in 1985.

Numbered as Ordinance No. 1 of the year 2003, it seeks to amend the Customs Tariff Act, 1975 to adopt a common commodity classification to be used by Customs, Directorate General Foreign Trade and Directorate General Central Intelligence and Services. The Code has been prepared in consultation with the Ministry of Commerce, trade, industry and other users as part of Government's ongoing efforts for simplification of procedures to facilitate imports.

The Code is based on internationally adopted six digit harmonized system of nomenclature evolved by World Customs Organization and individual countries to expand and to accommodate domestic needs and concerns. The present Code of six digit which has about 6000 items has been expanded into eight digits with an additional about 10,000 more items with a provision to add more such items in future as well.

The Ordinance seeks to integrate Indian economy with the global economy to evolve procedures adopting global needs. This will also avoid disputes relating to classification arising out of multiplication of classification code adopted by different agencies thereby reducing transaction costs thus improving competence of Indian industry to facilitate collection, compilation, analysis and exchange of trade statistics and standard units of measurements based on international trade practices incorporated against commodities. No change in the rates of duties has been provided.

The Ordinance follows the long felt demands of All Industries Associations and Export Promotions Board for a common Code. This also follows the recommendations of Kelkar Committee so that a Code is in position ahead of schedule. The expanded Code takes into account specific needs of the country and will be helpful in international trade negotiations.

President's assent to control of National Highways Bill

New Delhi, January 20, 2003

The President has given his assent to the Control of National Highways (Land and Traffic) Bill, 2002. With this, the Bill, passed during the Winter Session of Parliament ending December 20, 2002, has been notified in the Gazette of India as Act No 13 of the year 2003.

The Control of National Highways (Land and Traffic) Act, 2003, seeks to regulate traffic as well as the right of way on the National Highways. It seeks to establish Highway Administrations and authorize its officers to enforce the provisions of the Act and establish Tribunals for hearing appeals against the orders of the Highway Administrations and their authorized officers. It also provides for prevention of unauthorized occupation of highway land and removal of such encroachment, control of access points to the National Highways, regulation of different types of traffic permitted on the National Highways, control of use of road land for public utilities and drains besides issue of licences or lease deeds for temporary use of the National Highways. The provisions of the Act will be enforced from a date to be notified by the Government in the Ministry of Road Transport and Highways.

At present, the National Highways are governed by the National Highways Act, 1956 and the National Highways Authority of India Act, 1988. However, these enactments do not give powers to the Central Government to prevent or remove encroachments on land under the National Highways, or to restrict access to them from the adjacent land, or to regulate traffic movement of any category of vehicles or animals on the National Highways. As the provisions of the existing two laws and the Code of Civil Procedure, 1908 have not proved effective in view of dilatory tactics adopted by the private parties, the Control of National Highways (Land and Traffic) Act, 2003 is intended to deal effectively with such problems. This Act confers necessary powers on the Central Government through the Highway Administrations. (keralamonitor.com)

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