PREVENTIVE RTI DISCLOSURE

CCP-Composition, functions & features.

Introduction

Customs Preventive Commissionerate of West Bengal was set up in 1983 by amalgamating the preventive wing of Calcutta Customs and Land Customs wing of West Bengal Central Excise & Customs Collectorate. During restructuring of the Commissionerates in the year 2002, the jurisdiction of this Commissionerate was kept unaltered. The jurisdiction covered states of West Bengal and Sikkim, Union Territory of Andaman & Nicobar Islands and the Districts of Purnea, Kathihar, Godda and Sahabganj in the state of Bihar. This Commissionerate was mainly responsible for anti-smuggling work within its jurisdiction and supervision and collection of duties/cess on exports & imports through Land Customs Stations on India-Bangladesh, India-Nepal and India-Bhutan and Indo–China Border and implementing the foreign trade policy at these Borders. This Commissionerate looked after 2216 KMs. of Indo – Bangla Border including riverine border of 350 KMS. , 170 KMS. of Indo – Nepal Border, 150 KMS. of Indo – Bhutan Border and 220 KMS. of Indo – China Border.

With effect from 01.01.2010, the jurisdiction of this Commissionerate was bifurcated vide notification nos. 132 & 133 (N.T) dated 09.09.2009 and in pursuance thereof , Siliguri & Naxalbari Divisions were transferred to the Siliguri Commissionerate. Geographically, the area of North Dinajpur, Coochbehar, Jalpaiguri & Darjeeling districts of West Bengal and the state of Sikkim were amalgamated with Siliguri Comm’te. Now, the Indo-Nepal, Indo-Bhutan, Indo – China Border and some part of Indo-Bangla border come under the supervision of Siliguri Central Excise & Customs Commissionerate.

Administrative Set Up

Till 2002, the personnel, vigilance & establishment matters of this Commissionerate were being looked after by the Kolkata Customs House & Kolkata-II Central Excise Commissionerate. Post restructuring, with effect from July 2002, the Commissionerate got its individual establishment which started functioning from November 2002. However, the staff continues to be provided by the Kolkata Custom House for Sea Customs Wing and by the Central Excise Commissionerates for the Land Customs Wing of Kolkata Zone.

1. Duties/functions

Sl.No	Name of Sections	Dealing With
1	Establishment	General administration, recruitment, promotion, transfer and posting, deputation, maintenance of staff strength, training, allotment of Govt. accommodations, maintenance of APARs, issuance of different types of NOC etc.
2	Vigilance Unit	All issues pertaining to vigilance matters.
3	CIU	Submission of preliminary enquiry report related to complaints against employees, processing of Immovable Property Return from Govt. employees, issuance of NOC to employees in respect of acquisition/ transfer of movable and immovable property and foreign tour etc.
4	Systems	Procurement/distribution of computer hardware and software, maintenance of departmental hardware and software.
5	Accounts	Related to all payments to Customs employees and all expenses in respect of maintenance of office, maintenance of service records of staff and matters related to pension and budget allocation and realization of govt. revenue through offline mode
6	Preventive & Intelligence (P&I)	Preventive, Information & intelligence of duty evasion cases as well as exchange of information/ intelligence relating to Jurisdiction of West Bengal and field formation with other agencies, rummaging of vehicles, premises, investigation of all land customs cases and issuance of show cause notices and adjudication thereof and issuance of disposal order of all seized/confiscated goods & process for sanctioning of Prosecution.
7	Adjudication Cell	Processing of Adjudication matters at the level of Commissioner and issuance of final order and issuance of disposal order of seized/confiscated goods.
8	TAR & Reward	Recovery of tax arrears, preparation of Reward list of valuables seizures by field formations and BSF personnel
9	Tribunal & Review Cell	Review the adjudication orders passed by the ADC/ JC, DC/AC by the proper authority.
10	Prosecution Cell	Filling and follow up of remand petition and prosecution petition before jurisdictional Courts and subsequently higher Courts.
11	Legal Cell	Filling and follow up of petition before High Court/Supreme Court in matters relating to disputes in assessment/ clearance of import/export cargoes. Also deals with matter pending with CAT, Kolkata Bench.
12	HQ Pool-RTI Cell	Receiving and processing of all RTI matters and Order in Appeals related to RTI.
13	General Section	Matters related to maintenance of office and housekeeping
14	HQ Pool	Providing vehicles to officers and departments for official use and maintenance of the departmental vehicles, preparing of infrastructure work.
15	Central Registry Unit –CRU (Correspondence Section & Sevottam)	Receipt and dispatch of all correspondence, Sevottam looks after service delivery, generate diary number of dak, send dak through e-office to the concerned officer, prepare photocopy of first page of dak for storage.
16	Seizure & Disposal Cell	Disposal of seized/confiscated goods deposited in Central Godown from field formations & P&I.
17	Audit section	Co-ordination between Custom Revenue Audit Department under CAG with this Commissionerate
18	Technical Section	Miscellaneous Reports & Returns, Replies to PQ, CBIC queries, Queries of various Directorates.
19	Petrapole LCS, Preventive Unit & Circle	Monitoring Procedure and Movement of Passengers, Export & Import trade cargo trucks from Indian side to Bangladesh side and back. Monitoring of movement of Bandhan Express train from Kolkata to Dhaka. Monitoring of Anti-Smuggling activities of Bagdah Preventive Unit.
20	Ghojadanga LCS, Preventive Unit & Circle	Monitoring Procedure and Movement of Passengers, Export & Import trade cargo trucks from Indian side to Bangladesh side and back.
21	Barasat Customs Division	Monitoring of Anti-Smuggling activities across 24 Pgs (N) & (S) & Bardhman district comprising Customs Units – Namkhana LCS, Hemnagar LCS, TT Shed, Hingalganj PU, Basirhat PU, Hasnabad PU, Tentulia PU, Bardhaman PU & Asansol PU.
22	Krishnanagar Customs Division	Monitoring of Anti-Smuggling activities across Nadia District comprising Ranaghat PU & Circle, Banpur PP, Majdia PP and Murshidabad District comprising Krishnanagar Customs DPU, Chapra PU, Karimpur PU, Jalangi PU, Katlamari PP, Lalgola PU, Baharampur PU, Nalhati PU, Jangipur PU, Aurangabad PU & Dhuliyan PU and movement of railway cargo rake from Ranaghat RS LCS through Petrapole LCS and Gede LCS. Movement of Passengers across Gede LCS.
23	Malda Customs Division	Monitoring of Anti-Smuggling activities across Malda district comprising Kaliachak PU, Singhabad PU, Mahadipur LCS, Malda DPU, North Dinajpur district comprising Raiganj Circle & PU, Islampur and South Dinajpur district comprising Balurghat PU, Buniadpur PU & Hilli LCS & PU.
24	Dinhata Customs Division	Monitoring of Anti-Smuggling activities across Coochbehar District comprising Jaigaon LCS & PU, Chamurchi LCS, Birpara LCS & PU, Nagrakata LCS, Kulkuli LCS, Lokshan LCS, Gitaldah LCS, Alipurduar PU, Sitai PU, Bamnabad, Dinhata DPU.
25	Naxalbari Customs Division	Monitoring of Anti-Smuggling activities across Darjeeling District comprising Panitanki LCS & PU, Darjeeling PU, Gangtok PU, Sherathang LCS, Naxalbari DPU, Bidhannagar PU, Sukia Pokri PU, Pasupati Gate LCS.
26	Siliguri Customs Division	Monitoring of Anti-Smuggling activities across Jalpaiguri District comprising Changrabanda LCS & PU, Fulbari LCS & PU, Jalpaiguri PU, Haldibari RS LCS, Siliguri DPU.
27	SRI	Monitoring of Anti-Smuggling activities of River Patrolling Unit by vessels across Internal Waterways.
28	Kolkata RS	Monitoring Procedure and Movement of International Passengers on Maitryee Express from Indian side (Kolkata Railway Station) to Bangladesh (Darshana) side and back.

 

2. The powers and Duties of its officers and employees: The officers and staff of this Commissionerate (Customs Preventive, West Bengal) are committed to the Citizen Charter. The officers are mainly responsible for prevention of smuggling within its jurisdiction as well as the supervision and collection of duties/cess on exports & imports through Land Customs Stations on India-Bangladesh, India-Nepal and India-Bhutan and India–China Border and implementing the foreign trade policy at these Borders, quick redressal of grievances, and inculcating the sense of service in its officers with stress on–

 

1. Objectivity, transparency and accountability

2. Courtesy and understanding

3. Promptness and efficiency

4. Integrity and judiciousness

 

Steps are in progress to further professionalize Customs staff to be able to render efficient and prompt service to the clients almost at par with those rendered by other Customs services in developed countries/WCO/WTO norms.

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.

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

This Commissionerate primarily functions as a decision making office in respect of anti-smuggling work within its jurisdiction and supervision and collection of duties/cess on exports & imports through Land Customs Stations on India-Bangladesh, India-Nepal and India-Bhutan and Indo–China Border and implementing the foreign trade policy at these Borders, clearance import-export cargo, administrative control and supervision of all customs employees below the rank of Commissioner and sharing of information & knowledge between inter-Commissionerates & with the Board/Ministry.

4. 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 there under aimed at;

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

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

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

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

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

6. Maintaining welfare of the employees.

 

5. 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.  

6. A statement of the categories of documents that are held by it or under its control: Since maximum trade related formalities are processed through remote EDI System through online basis and implementing the foreign trade policy at these Borders and supervision and collection of duties/cess on exports & imports through Land Customs Stations on India-Bangladesh, India-Nepal and India-Bhutan and Indo–China Border, hence requirement of documents has been reduced substantially. However the following documents are related to this office:

1. Import-export related document

2. Legal document in support of (a) above;

In respect to control of anti-smuggling work within its jurisdiction, various documents relating to purchase, procurement, GST invoices, e-way bills and other relevant documents as required by Risk Management System, also documents regarding country of origin of the goods are required to be examined.

 

7. 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 there of : The members of public can write to this office on any such issue or seek appointment for meeting, if required. Arrangements have also been made for holding of separate meetings with Customs Clearance Facilitation Committee and Trade Facilitation Committee on regular intervals.

8. 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 :

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, web-site also contains copy of the Public Notices / Tenders /Standing Orders / Establishment Orders / Trade Facilitation etc. 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 on the portal as well as physical receipt. The replies/reports are issued to the applicant and also posted on the web-site after approval of the Chief Commissioner/Pr. Commissioner. Trade Felicitation Committee meeting : A trade felicitation committee exists in this Custom House and members of the committee includes Calcutta Customs House Agents Association, Cargo Handling Agents/Steamers Agent Association, various custodians, and various stakeholders etc. 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 at a regular interval. The meeting is converted into Zonal Trade Felicitation Committee meetings under the chairmanship of Chief Commissioner of Customs as per requirement or if the issues pertain to all the Customs Commissionerates of the Kolkata Zone. All the concerned Assistant Commissioners of Customs/Deputy Commissioners of Customs/Joint Commissioners/Additional Commissioners participate in the said meeting. The agenda of the meeting is set up in advance and the detailed minutes of the meeting is uploaded in the web-site for knowledge of general public and particulars of these meetings are available at http://www.kolkatacustoms.gov.in The Citizen’s Charter of the Department envisions that the Customs officers shall carry out their assigned tasks with integrity and judiciousness; courtesy and understanding: objectivity and transparency; promptness and efficiency. The officers are also committed to providing every possible assistance to the public and trade in implementation of the Customs policies and procedures. In order to take care of the grievance(s)/complaint(s) the department has put in place a grievance redressal mechanism in the field formations of Customs. The grievance redressal mechanism can broadly be categorized as :

1. Redressal of vigilance complaints

2. Facilitation for receipt and grievance of complaints/representation at the inward Section in the Commissioner of Customs (A&A).

3. Prompt handling of the complaints/grievances received through CPGRAMS (Central Public Grievances Monitoring System).

4. Prompt handling of RTI matters.

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

10. The monthly remuneration received by each of its officer and employee including the system of compensation as provided in its regulations : Particulars are available at http://www.kolkatacustoms.gov.in

Designation of Officer	Scale of Pay	PB
Commissioner of Customs (Prev)	144200-218200	Pay Level-14
Additional Commissioner of Customs (02 nos.)	123100-215900	Pay Level-13
Joint Commissioner of Customs (01 no.)	78800-209200	Pay Level-12
Assistant Commissioner of Customs (09 nos.)	56100-177500	Pay Level-10

11. The budget allocated to each of its agency indicating the particulars of all plans, proposed expenditures and reports on disbursements made : Particulars are available at http://www.kolkatacustoms.gov.in

12. The manner of execution of subsidy programs including the amounts allocated and the details of beneficiaries of such programs : NA

13. Particulars of recipients of concessions, permits or authorization granted by it: Particulars are available at the website of CBEC, Govt. Of India, Ministry of Finance, Deptt. of Revenue i.e http://www.cbec.gov.in/info-act/customs/customs.htm

14. Details in respect of the information, available to or held by it, reduced in an electronic form : All the relevant details including the orders passed by this Commissionerate are made available on the web-site http://www.kolkatacustoms.gov.in

15. 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 : All the information related to the Commissioner of Customs (Airport & Admin.) are available at http://www.kolkatacustoms.gov.in

16. The names, designation and other particulars of the Public Information Officers : The details list of CPIOs and Appellate Authorities of this Commissionerate mentioning their charges are published time to time. Particulars are available at http://www.kolkatacustoms.gov.in Attachment

Sl	Name & Designation	CPIO
1.	Sri Barun Banerjee, Assistant Commissioner.	CCP, Hqrs & Barasat Customs Division
2.	Sri Anil Kumar Singh, Assistant Commissioner	Petrapole LCS & Circle.
3.	Sri Bhabatosh Mistry, Assistant Copmmissioner	Ghojadanga LCS & Circle
4.	Sri Saurav Biswas, Assistant Commissioner	Krishnanagar Customs Division
5.	Sri Tapan Kumar Mitra, Assistant Commissioner	Malda Customs Division
6.	Sri Malay Kumar Patra, Assistant Commissioner	Dinhata Customs Division
7.	Smt Nyima Sherpa, Assistant Commissioner	Siliguri Customs Division & Naxalbari Customs Division
8.	Sri Anupam Kumar Singh, Assistant Commissioner	SRI
9	Sri Subrata Biswas, Assistant Commissioner	Kolkata RS & Durgapur ICP.

17. Such other information as may be prescribed : NA