PORT RTI DISCLOSURE

Section

Information to be published under the Act

4(1)(b)

(i)

The particulars of the Organization, Functions and Duties :

Name and address of the Organization:

Office of the Principal Commissioner of Customs (Port)

Custom House, 15/1 Strand Road

Kolkata, West Bengal

Pin: 700001

Head of the Organization:

Shri Atul Saxena

Principal Commissioner of Customs (Port)

Vision, Mission and Key Objectives

VISION

Our Vision is to provide an efficient and transparent mechanism for collection of indirect taxes and enforcement of cross border controls with a view to encourage voluntary compliance.

MISSION

Our Mission is to achieve excellence in the formulation and implementation of Customs, Central Excise and Service Tax laws and procedures aimed at:

• realizing the revenues in a fair, equitable, transparent and efficient manner

• administering the Government’s economic, taxation and trade policies in a pragmatic manner

• facilitating trade and industry by streamlining and simplifying Customs, Central Excise and Service Tax processes and helping Indian business to enhance its competitiveness

• ensuring control on cross border movement of goods, services and intellectual property

• creating a climate for voluntary compliance by providing information and guidance

• combating revenue evasion, commercial frauds and social menace • supplementing the efforts to ensure national security

KEY OBJECTIVES

To carry out the mission of CBIC to administer Customs laws aimed at: -

 realizing the revenues in a fair, equitable & efficient manner;

 simplification of procedures, streamlining its online application and taking forward the benefits to the trade & industry by enhancing compliance;

 Setting up of institutional framework for identification of Best Practices in Customs, for pan India application and extending online application of such initiatives at National level;

 administering the Government’s economic, tariff and trade policies with a practical and pragmatic approach;

 facilitating trade and industry by streamlining & simplifying Customs processes and helping Indian businesses to enhance their competitiveness; creating a climate for voluntary compliance by providing guidance and building mutual trust;

 Combating duty evasion and frauds in an effective manner.

Functions and Duties

REGULATORY FUNCTIONS

• Levy and collection of Customs and Central Excise duties and Service Tax

• Registration and monitoring of units manufacturing excisable goods and service providers

• Receipt and scrutiny of declarations and returns filed with the department

• Prevention of smuggling and combating evasion of duties and service tax

• Enforcement of border control on goods and conveyances

• Assessment, examination and clearance of imported goods and export goods

• Implementation of export promotion measures

• Clearance of international passengers and their baggage

• Resolution of disputes through administrative and legal measures

• Sanction of refund, rebate and drawback

• Realization of arrears of revenue

• Audit of assessments for ensuring tax compliance.

SERVICE FUNCTIONS

• Dissemination of information on law and procedures through electronic and print media

• Enabling filing of declarations, returns and claims through online services

• Providing information on the status of processing of declarations, returns and claims

• Assisting the right holders in protecting their intellectual property rights

• Responding to public enquiries relating to Customs matters

• Providing Customs services such as examination of goods and factory stuffing of export goods at clients’ sites, as per policy

Organization Chart

Genesis, inception and formation of the department

The Port Commissionerate is one of the Commissionerates under the Chief Commissioner of Customs, Kolkata Zone. The jurisdictions of Commissioner (Port) covers 10 Kms on both sides of river Hooghly starting from Kolkata city upto the Sea, which is 100 Kms from Kolkata GPO. Apart from functioning as revenue collecting set-up under the Ministry of Finance and as regulatory wing on behalf of various Government Departments, the Officers of Customs are also required to collect intelligence and conduct investigations relating to certain fraudulent practices indulged in by the unscrupulous members of the trade. In terms of revenue collection, the Customs formation (Port) contributes nearly 85% to 90% of the revenue collected in the zone.

The origin of the Customs Department in Kolkata traces back to the British Colonial period and is closely connected with the foundation of the city of Calcutta by Job Charnock. Beginning of the Custom House in Calcutta can be traced to the end of Seventeenth Century when old Fort William, situated at a distance of 160 Kms from Bay of Bengal was erected at Calcutta on the bank of river Hooghly (Ganges) in 1696.

Customs revenue was collected in old Fort William. Robert Clive, the Governor of Fort William after his victory in the battle of Plassey against the Nawab of Bengal in 1757 felt the need for a stronger and strategically better located site for the British fortress. Thus, the construction of the new Fort was completed in 1781. Sir Richard Bacher was appointed on 3rd March, 1758, as the Sea and Land Customs Master to look into the business of the Customs Department. He felt the need for having an office in some convenient place which was identified as the site where Mr. Holwell’s house adjacent to the old ditch stood. Thus, the Custom House initially functioned from Holwell’s house in Calcutta. The godowns and warehouses adjacent were also being used for storage of goods brought through riverine route.

Holwell’s house being an old construction was found as not suitable for the functioning of the Custom House as owing to incessant rains in the monsoon, the old construction gave way to seepage and leakage at many points. The Custom House thereafter temporarily functioned from a dwelling house till it was decided on the 8th September, 1766, that the apartments occupied by the Fort Major in the old Fort would stand appropriated for use of the Custom House Master. Evacuation of all militaries from the Fort area was completed in the beginning of 1767 with a view to converting the Fort premises into a Custom House.

From 1770, the old Fort steadily dipped into the Hooghly river. The Custom House at the extreme southern side of the old Fort disappeared in due course into the river. The southern side of the old Fort with a long narrow furrow on the ground was connected with a canal by which the boats could enter into the Custom House and the ships could be repaired without having the need for going all the way to Bombay. The Marine Store Yard, the Dry Docks and the Bankshall were all located at the site on which the present Bankshall Court is situated together with other office buildings on the Bankshall Street. The word Bankshall is the Dutch word meaning “a place of Customs toll collection”.

After the old Fort was completely evacuated, it was decided to construct a full fledged Custom House at the site of the old Fort, facing the river Hooghly (Ganges). The foundation stone of the Old Custom House was laid by Lord Hastings on the 12th February, 1819. It was a substantially wide two storied building erected on the site of old Fort between Calcutta Collectorate and Eastern India Railway House in Clive Street with its postal address at No.1, Charnok Place (situated on the western side of Dalhousie Square earlier known as Tanks Square). The iron gate of the Custom House faced Clive Street and East India Railway Company was situated to its northern side. The Collector. of Customs was occupying the first floor, together with his Assistants and Clerks, while the ground floor was occupied by commodious warehouses, weighing rooms etc. In 1899, the Custom House was renovated and re-established in the same place where it was earlier erected in 1819. For additional construction, land was acquired during 1890-91. A Laboratory was also constructed.  The foundation stone of the new Custom House (the present Custom House), situated at 15/1, Strand Road, Calcutta, facing river Hooghly, was laid on the 10th February, 1940. The construction was completed sometime in 1942 when the second world war was in full swing. Since then the Customs department has been functioning in the same building. The Custom House has been declared as a heritage building and renovation work is going on. The customs laboratory has been shifted to a nearby location while the rest of the departments are still functioning from this building.

There are various departments/Units under this Commissionerate which are as follows :-

Within Custom House :-

Outside Custom House:-

1. Netaji Subhas Dock, Kolkata.

2. Kidderpore Dock, Kolkata.

3. Haldia Dock Complex, Haldia.

4. Port Blair, Andaman & Nicobar Islands

Container Freight Stations

5. CWC at Kolkata

6. Balmer Lawrie at Kolkata

7. CFS Century Ply (Sonai) at Kolkata

8. CFS Century Ply (JJP) at Kolkata

9. CONCOR at Kolkata

10. CWC at Haldia

11. A.L. Logistics at Haldia

12. Apeejay Infralogistics at Haldia

13. Budge Budge Office and Oil Jetties

14. Phonex Logistics Pvt. Ltd. at Kolkata

ORGANIZATION SETUP AND DUTIES:- 

The Kolkata Customs (port) is headed by the Chief Commissioner of Customs and assisted by the officers of different ranks. The hierarchy of the officers are as under:-

a. Chief Commissioner
b. Principal Commissioner
c. Commissioner
d. Additional/Joint Commissioner
e. Deputy/Asstt. Commissioner
f. Appraiser
g. Superintendent
h. Private Secretary
i. Administrative Officer
j. Examiner/Preventive Officer (Inspector)
k. DOS/ Senior Tax Assistant /Tax Assistant/LDC
l. Drivers
m. Havaldars (redesignated as Gr.C Non-Ministerial)
n. Sepoy (redesignated as Gr.C Non-Ministerial)

Overall supervision of this Custom House is looked after by Chief Commissioner Office (CCO). The CCO is headed by the Chief Commissioner of Customs and assisted by Commissioner, Addl/Jt. Commissioner,Dy./Assistant Commissioner, Appraisers, Superintendents, Inspectors (PO/EO) and other supporting staffs. The overall affairs of the Kolkata Customs (Port) are supervised by respective Commissioner with the help of other officers/staff. The working of this Customs (Port) Commissionerate is regulated through Dy./Assistant Commissioner and assisted by Appraisers and Superintendents who are entrusted to look after the daily working of this Zone. The basic executive functions are performed by Examiners/Preventive Officers (Inspector). The other works are supported by AO/DOS/STA/TA/LDC. The Sepoys/Hawaldars(redesignated as Gr.C Non-Ministerial) are responsible for ensuring safety & security of office premise alongwith works related to dispatch of daily correspondence, movement of files and records, opening and closing of office etc.

The Department of Revenue administers the following Acts:

Customs Act, 1962 and related matters;
ii. Central Excise Act, 1944 and related matters;
iii. Foreign Trade (Development & Regulation) Act, 1992
iv. Food Safety and Standards Act, 2006
v. The Wildlife (Protection) Act, 1972
vi. Central Sales Tax Act, 1956;
vii. Narcotic Drugs and Psychotropic Substances Act, 1985;
viii. Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988;
ix. Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976;
x. Indian Stamp Act, 1899 (to the extent falling within jurisdiction of the Union);
xi. Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974;
xii. Foreign Exchange Management Act,1999
xiii. Prevention of Money Laundering Act, 2002
xiv. The Drugs and Cosmetics Act, 1940

and other allied Acts.

(ii)

The powers and Duties of its officers and employees :

Powers and duties of officers (administrative, financial and judicial)

The Powers of officers of Customs have been elaborated in Section 5 of the Customs Act, 1962 and are laid as under –

1. Subject to such conditions and limitations as the Board may impose, an officer of Customs may exercise the powers and discharge the duties conferred or imposed on him under this Act.

2. An officer of Customs may exercise the powers and discharge the duties conferred or imposed under this Act on any other officer of Customs, who is subordinate to him. The work is delegated to various categories of officers within the framework of the law.

Further, NOTIFICATION No. 26/2022-Customs (N.T.), F. No. 450/72/2021-Cus IV, Dated, 31st March, 2022 and Notification No. 105/2022-Customs (N.T.) dated December 9, 2022 designates the proper officers who are empowered under various Sections under the Customs Act.

Officers and employees perform their duties as assigned by the Commissioner (Port).   Overall supervision of this Custom House is looked after by Chief Commissioner Office (CCO). The CCO is headed by the Chief Commissioner of Customs and assisted by Commissioner, Addl/Jt. Commissioner, Dy./Assistant Commissioner, Appraisers, Superintendents, Inspectors (PO/EO) and other supporting staffs. The overall affairs of the Kolkata Customs (Port) are supervised by respective Commissioner with the help of other officers/staff. The working of this Customs(Port) Commissionerate  is regulated through Dy./Assistant Commissioner and assisted by Appraisers and Superintendents who are entrusted to look after the daily working of this Zone. The basic executive functions are performed by Examiners/Preventive Officers (Inspector).

Powers and duties of other employees

Subordinate employees like E.A., / T.A. / L.D.C. etc. below the rank of Inspector perform supportive role. They are perform other administrative works. The Sepoys/Havaldars (redesignated as Gr.C Non-Ministerial)  are responsible for ensuring safety & security of office premise alongwith works related to dispatch of daily correspondence, movement of files and records, opening and closing of office etc.

Rules/ orders under which powers and duty are derived and exercised

Customs Act, 1962

Customs Tariff Act, 1975

Various Notifications, Circulars, Public Notices as available on www.cbic.gov.in and www.kolkatacustoms.gov.in

Other allied Acts, e.g.

• Foreign Trade (Development and Regulation) Act, 1992

• Foreign Exchange Management Act, 2000.

• The Drugs and Cosmetics Act, 1940.

• Food Safety and Standards Act, 2006.

• The Arms Act, 1959

• The Narcotic Drugs and Psychotropic Substances Act, 1985.

• The Indian Explosives Act, 1884

• The Dangerous Drugs Act, 1930

• Destructive Insects and Pests Act, 1914.

• Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007

• The Wild Life (Protection) Act, 1972

• The Food Safety and Standards Act, 2006

• The Plant Quarantine (Regulation of import into India)

• Insecticides Act, 1968

• Hazardous and. Other Wastes (Management and Transboundary Movement) Rules, 2016

• Wireless planning and coordination wing (WPC) Licence and equipment type approval

Work allocation

Details of work allocation are mentioned in the Public Notice mentioned in (xvi) designating the CPIO and Appellate Authorities

(iii)

The procedure followed in the decision making process, including channels of supervision and accountability :

Process of decision making Identify key decision making points

The Pr. Commissioner monitors the working and functioning of the Commissionerate. Since the Policy formulations are exclusively in the domain of the Board, policy implementation in spirit of the laws so formulated forms the major functions of field formations. The Chief Commissioner’s office with help of all Commissionerates collates and compiles various trade representations;

1. Since this Commissionerate is entrusted with the main work of implementation of the Customs Act, Rules, allied Acts and Board’s orders etc., all aspects of Revenue are monitored and status are forwarded to Board in the form of weekly, monthly and quarterly reports.

2. Problems faced by the Trade and Industry and forward them to the Board which become ingredients for policy formulation.

3. Decision making in the organization is based on decentralization that is to say that there is a definite delegation of authority and responsibility to different levels of the organization. Such delegation is laid out either in the Customs Act, 1962 or the Rules made thereunder or vide various circulars issued by the department from time to time.

All references received from the Trade, different stakeholders and Field formations are submitted by concerned Sections to the AC/DC in-charge in the Commissionerates. The file noting are prepared by EO /PO (Inspector). The relevant notification / circulars etc. are explained by Suptd. / AO. The main recommendations are made by AC /DC /ADC and finally the important decisions are approved by the Chief Commissioner/Pr. Commissioners/Commissioners. In case of any clarification required the same is referred to the Board to take final decision.

Final decision making authority

Principal Commissioner of Customs (Port)

Related provisions, acts, rules etc.

As mentioned in (ii) above.

Time limit for taking decisions

As prescribed in the Customs Act and in various Rules and Regulations mentioned above. Further as per the Citizen Charter of CBIC(revised upto 2019), the prescribed time limits in some key services are as follows:

Channel of supervision and accountability

Hierarchy as shown in the Organization Chart

(iv)

The norms set by it for the discharge of its functions: 

The mission of the organization is to achieve excellence in the implementation of Customs Acts, Allied Acts and Rules thereunder aimed at;

1. Facilitating trade and industry by streamlining and simplifying Customs and Excise processes in light of the guidelines prescribed and facilitating the Trade and Industry

2. Administering the Government's economic, tariff and trade policies with a practical and pragmatic approach

3. Creating a climate for voluntary compliance by providing guidance and building mutual trust

4. Realizing the revenues in a fair, equitable and efficient manner

5. Combating revenue evasion, commercial frauds and social menace in and effective manner.

Nature of Functions / Services offered

As mentioned in Vision, Mission and Key Objectives

Norms/ standards for functions/ service delivery

Sevottam is a generic framework for achieving excellence in public service delivery. It comprises of 3 modules namely, Citizen’s Charter, Grievance Redressal Mechanism and Capability Building for Service Delivery. This department follows the Sevottam model, details of which can be found on https://www.darpg.gov.in/relatedlinks/sevottam

Process by which these services can be accessed

Through the Pubic Relation Officer (Port) and through Sevottam section.

Time-limit for achieving the targets

As mentioned in point (iii)

Process of redress of grievances

Redressal of Public grievance can be done by the following means:

(i) Letter/email to PRO (Port), Custom House, 15/1 Strand Road, Kolkata - 700001

(ii) Letter / email to Principal Commissioner of Customs (Port), Custom House, 15/1 Strand Road, Kolkata – 700001

(iii) Filing of CPGRAMS through the Public Grievance Portal at https://pgportal.gov.in/

(iv) Filing of grievance through E-Helpline at the Kolkata Customs Website at https://www.kolkatacustoms.gov.in/e-helpline

(v) TFC / CCFC meeting

(v)

The rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions :

All Rules, Regulations, Instructions, Manuals etc. issued by the Govt. of India in respect of government servants are followed for discharged of duties by the officers.  

All these particulars are available at  the  Website  www.kolkatacustoms.gov.in. 

(vi)

A statement of the categories of documents that are held by it or under its control :

The office documents are generally processed and stored in the form of files and folders. Files and documents related to work assigned to concerned Sections of this office are duly catalogued, indexed and entered in Registers and these are kept in the custody of respective Sections. Almost entire database is available in EDI system.

(vii)

The particulars of any arrangement that exists for consultation with, or representation by the Member of public in relation to the formulation of its policy or implementation thereof :

The members of Public can write to this office on any such issue or seek appointment for meeting, if required. Further e-helpline is available on at http://www.kolkatacustoms.gov.in

(viii)

A statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public or the minutes of such meetings are accessible for public :

List of Boards, Councils, Committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public: The Kolkata Customs Commissionerate maintains its website http://www.kolkatacustoms.gov.in wherein salient information pertaining to various field formations is given for general information of the masses at large. In addition, website also contains copy of the Public Notices/Tenders/Standing Orders etc. /Trade facilitation issued by this Commissionerate.

Public Grievances redressal: As a part of implementation of Sevottam, Public Grievances are taken care of immediately after the Complaint/Grievance appears ontheportal. (http://www.pgportal.gov.in or http://darpg.nic.in) Commissioner of Customs is the Public Grievance Officer and the replies/reports are posted on the website after approval of Commissioner of Customs. 

Trade Felicitation meeting: A trade felicitation committee exists in this Custom House and members of the committee includes Calcutta Customs House Agents Association, Steamers Agent Association, various custodians tec. The main object of the meeting is to discuss problems related to the clearance of import and export goods and to find solution thereto. The meeting is held on 3^rd week of every Tuesday of a month. Trade Facilitation Committee Meeting (TFC) and Customs Clearance Facilitation Committee Meeting (CCFC) are held on each month. Moreover there is a CP-GRAMS (e-grievance redressal) system exists wherein some grievances are redressed through CP-GRAMS.

The meeting is converted into Zonal Trade Felicitation meetings under the chairmanship of Chief Commissioner of Customs as per requirement or if the issues pertain to all the Customs Commissionerate of the Kolkata Zone. All the concerned Assistant Commissioner of Customs/Deputy Commissioner of Customs/Joint Commissioner /Additional Commissioners participates in the meeting. 

The agenda of the meeting is set up in advance and the detailed minutes of the meeting in posted in the website. Particulars are available at http://www.kolkatacustoms.gov.in

(ix)

A directory of its officers and employees: Particulars are available at http://www.kolkatacustoms.gov.in

Periodically published also in the CPIO list available at http://www.kolkatacustoms.gov.in

(x)

The monthly remuneration received by each of its officer and employee including the system of compensation as provided in its regulations:

(xI)

The budget allocated to each of its agency indicating the particulars of all plans, proposed expenditures and reports on disbursements made:

As available on https://www.kolkatacustoms.gov.in

(xii)

The manner of execution of subsidy programs including the amounts allocated and the details of beneficiaries of such programs: N/A

(xiii)

Particulars of recipients of concessions, permits or authorization granted by it: N/A

(xiv)

Details in respect of the information, available to or held by it, reduced in an electronic form:

All the relevant details are made available on the website of Kolkata Customs at https://www.kolkatacustoms.gov.in. Some of the information that are available on the website and their links are as follows:

(xv)

The particulars of facilities available to citizens for obtaining information including the working hours of a library or reading room, if maintained for public use :

1. Public Relation Officer (PRO) & Sevottam at Ground Floor of Custom House, Kolkata.

2. Website of Kolkata Customs at https://www.kolkatacustoms.gov.in.

(xvi)

CPIO List please see website www.kolkatacustoms.gov.in

(xvii)

Such other information as may be prescribed : NA