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Circular No. 03/2024-Customs issued by the Government of India’s Ministry of Finance addresses the imperative need for gender-specific infrastructure facilities at customs facilities. This article delves into the details of this circular and its significance in promoting inclusivity and safety for women in the workplace.

Detailed Analysis

The circular underscores the evolution of regulations governing the handling of cargo in customs areas, emphasizing the role of customs cargo service providers (CCSPs) in ensuring efficient operations. Notably, it references various past circulars aimed at streamlining procedures and enhancing accountability in customs facilities.

Circular No. 50/2020-Customs serves as a precursor, highlighting the responsibility of custodians to continually improve infrastructure to accommodate the growing volume of trade. In this context, the circular mandates the creation of gender-specific infrastructure, acknowledging the increasing participation of women in customs-related roles.

The rationale behind this directive lies in the necessity of providing a safe and respectful work environment for women in customs facilities. With the government’s commitment to empowering women (Nari Shakti), ensuring their safety and inclusion becomes paramount.

The circular outlines specific measures to achieve gender inclusivity, including:

1. Implementing gender-responsive infrastructure to enhance workplace efficiency for women.

2. Providing care infrastructure such as creches in compliance with the Maternity Benefits Act, 2017.

3. Establishing Internal Complaints Committees to address issues of sexual harassment.

4. Conducting gender sensitization training sessions for staff.

5. Regularly upgrading facilities from a gender perspective.

Conclusion

Circular No. 03/2024-Customs signifies a progressive step towards fostering gender inclusivity and safety in customs facilities. By mandating gender-specific infrastructure enhancements, it acknowledges the changing dynamics of the workforce and aligns with the government’s commitment to promoting gender equality. Moving forward, implementation of these measures will not only create a more inclusive workplace but also contribute to the overall efficiency and effectiveness of customs operations.

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File No. 520/28/2022-Cus VI
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs
Room No. 252A, North Block, New Delhi
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Circular No. 03/2024-Customs Dated: 08-03-2024

To,
All Principal Chief Commissioners/Chief Commissioners (Customs/Customs (Preventive)/Customs and Central Taxes),
All Principal Commissioners/Commissioners of Customs /Customs (Preventive), All Principal Director Generals/Director Generals under CBIC.

Subject: Inclusion of gender specific infrastructure facilities to be provided by the Custodian CCSP-CFS/AFS/ICD under the HCCAR, 2009-reg.

Madam/Sir,

Reference is invited to the Notification No. 26/2009-Customs (N.T.) dated 17.3.2009 notified the Handling of Cargo in Customs Area Regulations (HCCAR) 2009 to regulate the functioning of Customs Cargo Service Providers including custodians of ICDs/CFSs. Further, Circular No. 13/2009-Customs dated 23.03.2009, Circular No. 04/2011-Customs dated 10.01.2011, Circular No. 45/2013-Customs dated 31.12.2013, Circular No. 40/2016-Customs dated 26.08.2016, Circular No. 49/2018-Customs dated 03.12.2018, Circular No. 44/2020- Customs dated 08.10.2020, Circular No. 50/2020-Customs dated 05.11.2020, Circular No. 20/2021-Customs dated 16.08.2021 were also issued to streamline various procedures relating to ICDs/CFSs including annual audit of CFS, AFS and ICD to closely monitor their performance and to bring accountability, standardization and better facility for cross-border trading which in turn improve ease of doing business.

2. Circular No. 50/2020-Customs dated 05.11.2020 provides that the custodian shall also take steps to bring about necessary improvements in the infrastructural facilities and other amenities required to be provided to the trade and to Customs staff, as may be necessitated from time to time, consequent upon the growth in the volume of Import and Export Trade handled at the CFS/AFS/ICD. Further, as per the check list of this Circular, the custodians should create gender specific and mainstreaming infrastructure facilities including special Exim counters for the female customs brokers/traders, separate workplace, customer care cells, essential utilities, restrooms etc.

3. It is also worth mentioning that the participation of women at the CFS/AFS/ICD has increased significantly through the different job roles and functions of trades in the recent past which demands for providing safe working places for women at such facilities for fostering an inclusive and respectful work environment for them. In view of the Government of India dedication to promote Nari Shakti, it is imperative to provide safe and secure working environment to women for furtherance in respective career field.

4. Accordingly, it has been decided that in addition to the existing infrastructural facilities as provided by the Custodian CFS/AFS/ICD under Regulation 5 of the HCCAR 2009, the following gender specific infrastructural facilities may also be encouraged for inclusiveness of women participation:

i. Gender responsive infrastructure at the logistics facilities to improve workplace efficiency of women workforce including sufficient lightening, panic buttons etc;

ii. Provision for care infrastructure and services, especially creches, per the rules laid out in the Maternity Benefits Act, 2017;

iii. Establishment of Internal Complaints Committees (ICC) in accordance with the provisions of the Prevention of Sexual Harassment At Work Places Act, 2013;

iv. Holding regular gender sensitization training sessions for all the staff of CFS/AFS/ICD and field formations;

v. Regular upgradation of facilities from a gender perspective;

vi. Any other gender specific facilities to have inclusive work place ecosystem.

5. In view of the above, the Principal Commissioner/Commissioner of Customs having jurisdiction over CFS/AFS/ICD shall take suitable steps to encourage availability of such infrastructural facilities and take appropriate action to improve above infrastructure. The Custodians of CFS/AFS/ICD may also be sensitized to provide such infrastructural facilities in a proactive manner.

6. Difficulty, if any, in the implementation of this circular may be brought to the notice of the Board.

Hindi version follows.

Yours faithfully,

(Tribhuwan Yadav)
OSD, Cus-VI
011-23095561
[Email:- [email protected]]

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