The Grievance Redressal Committee under the Customs Act of 1962

The committee responsible to take cognizance of the procedural delays or problems faced in customs clearance of export/import cargo or provisions related to various incentives is the Grievance Redressal Committee. Feedback from trade and industry is used to review procedures as necessary and take action to address importer/exporter concerns. In this article, we will discuss in detail the Grievance Redressal under the Customs Act.

Overview of the Customs Act, 1962

Goods travel from India by sea, air, or land. Goods can even be delivered by post or as luggage when passengers travel to and from the country. The Customs Act was formulated in 1962 to prevent the illegal import and export of goods. In addition, all imported goods are subject to an obligation to protect the domestic industries and also to keep imports to a minimum in the interest of Indian companies and for the exchange rate of the Indian currency.

Citizen Charter of Department

The Department’s Citizen Charter envisages that Customs and Central Excise officers will carry out their assigned duties honestly and judiciously; with courtesy and understanding; objectivity and transparency; speed and efficiency. Officials are committed to providing all possible assistance to the public and trade in the implementation of customs policy and procedures. The department has also taken several other measures to ensure that complaints are minimized and if received, dealt with promptly. It includes a grievance redressal mechanism for cargo and passenger clearance in the field units of the customs administration.

Grievance Redressal and Passenger Facilitation Measures

• At international airports, more than 90% of non-declared passengers pass through the Green Strait without interacting with customs authorities. Even otherwise, air customs officials were sensitive to show proper courtesy and exemplary behavior to all passengers. However, should any passenger still have a complaint, Customs installs a series of light boards in the arrival/departure halls and immigration area advising them to approach the PROs (customs officers) for assistance. Senior officers of the rank of Assistant/Deputy Collectors are also available 24/7 and passengers can directly contact them for redressal of their grievances. 
• Notices at airports invite people to lodge complaints. 
• An Airport Facilitation Committee has been established to deal with passenger complaints at international airports.

Redressal of Cargo Clearance Grievances

Cargo clearance at ports, air cargo complexes, ICDs, and CFSs involves trade interaction with customs officials, often resulting in complaints of harassment, corruption, and delay. Thus, to remedy these complaints, the focus has been on simplifying procedures, increasing transparency, sensitizing ministry officials to their duties, and expanding the use of EDI in customs clearance procedures. Some specific measures to facilitate and address trade and industry grievances/complaints are as follows: 

• ICEGATE Advanced Helpdesk: An online service for ICEGATE users for their technical problems and queries to be solved.
• Management Information System (MIS): The main area of ​​interest of importers, exporters, and customs brokers is to get information about the clearance of their shipments, which was significantly solved by the introduction of EDI (Electronic Data Interchange) at all main customs offices. At all major customs offices, the “Tele-Inquiry System” allows exporters, importers, etc. to dial the assigned numbers and inquire about the status of entry/conveyance bills or duty drawback claims. This system can also be used in fax mode. In addition, customs officials can track clearance delays at any stage. The system also generates a daily report of all pending receipts, delivery notes, and return claims along with the date of receipt and the level at which the document is pending. To this end, the system administrator takes care of all EDI-related issues and holds regular meetings with Remote EDI users (RES), representatives of customs brokers, NIC, CMC, and other agencies that support the EDI system.
• Accessibility of Senior Officers: The Chief Commissioner/Commissioners of Customs shall set aside time on all working days during which any person having any grievance may meet the officer without prior appointment. These meetings ensure timely and prompt corrective action. 
• Public Grievance Officer (PGO): Each Commissioner has a designated PGO. Traders and the public can approach these PGOs if their complaint is not resolved by the trader or their supervisor.
• Public Grievances Committee (PGC): A PGC is established in each customs office consisting of representatives of trade and industry, customs officers, and administrative representatives (AI, CONCOR, banks, export promotion agencies, etc). It meets once a month to address complaints regarding customs functioning. 
• Vigilance Committee: A Vigilance Committee has been constituted under the chairmanship of the Chief Commissioner of Customs, which meets once in two months. Along with senior Customs officials, this committee includes leading trade and industry associations and other agencies that work with Customs to ensure meaningful dialogue. This committee takes cognizance of the various procedural delays or general problems faced in customs clearance of export/import cargo or provision of various incentives. Feedback from trade and industry is used to review procedures as necessary and take action to address importer/exporter concerns. 
• Standing Committee on Trade Facilitation (PTFC): PTFCs, which are members of all stakeholders, function at each customs station to address local issues. As a trade facilitation measure and to encourage stakeholder participation and ensure expeditious resolution of local issues (without referral to the Ministry/Council).

Grievance Redressal and Passenger Facilitation Measures

At international airports, more than 90% of non-declared passengers pass through the Green Strait without interacting with customs authorities. Even otherwise, air customs officials were sensitive to show proper courtesy and exemplary behavior to all passengers. However, should any passenger still have a complaint, Customs installs a series of light boards in the arrival/departure halls and immigration area advising them to approach the PROs (customs officers) for help. Senior officers of the rank of Assistant/Deputy Collectors are also available 24/7 and passengers can directly contact them for redressal of their grievances. 

An Airport Facilitation Committee has been established to deal with passenger complaints at international airports. 

Establishment of Turant Suvidha Kendra (Circular No. 28/2020-Customs dated 05.06.2020)

It provided for the establishment of Turant Suvidha Kendras (TSKs) for the implementation of Phase 1 of Anonymous Assessment in Bengaluru and Chennai and Instruction No.09 /2020-Clo, dated 05/06/2020, describes in detail the roles and functions of the TSK. The functions listed in paragraph 5 of Circular No. 28/2020-Customs are as follows–  

• Accept a bond or bank guarantee; 
• Carry out any other verifications that may be submitted to Faceless Assessment Groups; invalidate documents/permits, and licenses whenever required; 
• Writing off documents/permits/licenses whenever required; and 
• Other functions specified by the Trade Facilitation Commissioner.

Final words

The Customs Act of 1962 is the resolution that is responsible to see the passage or exit of various types of vessels, aircraft, products, passengers, etc. into or out of the country. The Customs Act 1962, like any other spending law, is fundamentally intended for tolls and an assortment of duties, yet it has other and similarly significant purposes.