9911796707
TMI Blog2012 (7) TMI 1123X X X X Extracts X X X X X X X X Extracts X X X X ..... these writ appeals, the appellants and the petitioners seek to assai! an order dated 11.02.1999 (rendered by a learned Single Judge of this Court disposing of WP Nos.28186-187/ 1996 (and other connected matters), wherein. the main case disposed of was titled as, Medical Relief Society of South Canara vs. Union of India and others. For the same common purpose some writ petitions are also posted for hearing with the writ appeals. 2. The controversy between the appellants/ petitioners and the respondents emerges, from a notification issued on 01.03.1988. - The aforesaid notification dated 01.03.1988, was issued by the Central Government under Section 25 of the Customs Act, 1962. Under the aforesaid notification, four categories of hospitals were permitted to import medical equipment/ machinery, without payment of customs duty. on the condition that they would provide free medical assistance. to persons whose monthly family income was less than ₹ 500/-. The aforesaid notification contemplated four categories of beneficiaries. The beneficiaries under the notification have been appropriately depicted in the following manner by the learned Single Judge: in the impugned order dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... / machinery carne to be impounded, and customs duty (on the imported hospital equipment/ machinery), sought to be recovered. The fall out thereof was extensive litigation, riot only before the customs authorities, but in different courts all over the country. The impugned order passed by the learned Single Judge on 11.02.1999 was one such determination. We are informed, that in some cases this action commenced 18 years ago. 4. When the instant writ appeals were taken up for consideration, learned counsel for the appellants/ petitioners invited cur attention to the order passed by the Supreme court on 24.10.2007 in Civil Appeal No. 7284/2005 (Sir Gangaram Trust Society and another vs. Union of India and others). The aforesaid order is being extracted hereunder; Prima facie. we were of the view that the Director General Health services (for short 'DGHS') had withdrawn/ cancelled the exemption certificate given to the appellants from payment of customs duty on import of medical instruments in terms of Notification No.64/88-Cus. Dated 1st March, 1988 in violation of the principles of natural justice. Mr. Amrendra Sharan, learned Additional Solicitor General, after ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e would be served for either of the parties, if the aforesaid machinery is confiscated, since the same must in any case have been replaced by now. The phrase used by the learned counsel for the appellants/ petitioners is, that the machinery purchased under the notification dated 01.03.1988 can now justifiably be described as scrap. We are of the view, that the appellants may not be way off the mark in their remark. 7. Keeping in mind the aforesaid aspects, in conjunction with the suggestions made at the hands of the learned counsel for the appellants/petitioners herein. and with the approval of the Additional Solicitor Generel of India, we have drawn a proposed alternative scheme, as a substitute for the proceedings initiated by the respondents. This proposed alternative scheme would provide suecour to the poor amongst the general public. just in the same manner as the original notification dated 01.03.1988. On the other hand, if adopted by the appellants/ petitioners herein, it would entail no further action against them under the original notification dated 01.03.1988. The terms of the proposed alternative policy, as also. the reasons for each of the terms, are being expressed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... question. The same principle will be adopted annuaily, in each succeeding year. Wherever, there is an expected shortfall in a particular year, it shall be open to the hospital(s) in question to require government hospitals. to refer BPL card-holders, for free inpatient treatment-. Fourthly, hospitals seeking the benefit of the proposed modified scheme, would announce through notices affixed at prominent places at the hospital, the facility of such free medical inpatient benefits. to persons who possess BPL cards. Due publicity shall also be provided on 'Prasar Bharathi' by respondent No. l. Simultaneously, press releases shall be issued by the State of Karnataka, periodically informing the general public of the free medical inpatient facility, available at the hospitals in question. Fifthly, all hospitals concerned shall maintain complete records and details, to identify the beneficiaries under the modified scheme. as also, the details of the treatment rendered to them. The Director General, Health Services, Government of India, or an agency nominated by him, will have the liberty, to carry out quarterly inspections, so as to ascertain the veracity of the records main ..... X X X X Extracts X X X X X X X X Extracts X X X X
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