Our reference: (1) 11.1.11 / (2) 100413 dt.11.11.2010 / (3)100414 dt.23.11.2010
Grievance in brief
Our Ref. No. 110401 dated 11.11.11
There is ‘Office Procedure Manual for Circle and Divisional Offices’ prescribing the procedures to be followed in the Central Excise Circle and Divisional Offices in dealing with correspondence, accounts, establishment and other allied matters. On the other hand the Secretariat Manual of Office Procedure (CS-MOP) has laid down various procedures for performance of secretariat work in various Ministries / Departments of the Government of India. M/s Swamy Publishers (P) Ltd. have published a book ‘Swamy’s Manual on Office Procedure for Central Government Offices.’
It may please be clarified as to which 'Office Procedure Manual' is applicable to the Custom Houses. If other than these, the Office Procedure Manual which is applicable for the Custom Houses may please be uploaded in the CBEC and Custom House Websites please.RIIF, www.rightinformer.org
Registration Number : CBOEC/E/2011/01103
Name Of Complainant : Right Information International Forum
Date of Receipt : 11 Nov 2011
Received by : Central Board of Excise and Customs
Forwarded to : Joint Secretary Customs, CBEC
Contact Address : CBEC, Department of Revenue,North Block, New Delhi110002
Contact Number : 011-23092978
Current Status : CASE CLOSED
Date of Action : 15 Dec 2011
Details : Please refer to your grievance filed online through the Centralized Public Grievance Redress and Monitoring System of the Department of Administrative Reforms and Public Grievances, Ministry of Personnel, Public Grievances and Pensions vide Registration No. CBOEC/E/2011/01103,dated,11.11.2011.
2. In this regard, I am directed to inform you that your suggestion has been received and taken note of.
(1) Service of Orders, Notice etc.
2. Invariably in all Government offices, all communications received are registered in the Register for Inward Correspondence, action taken after placing it in the respective file and all outgoing correspondence are entered in the Despatch Register.
3. However, letters requesting permission and other similar matters received from the importers or Exporters, mostly through Custom House Agents are handed over in person to the DC in the Custom House. Neither Dated Rubber Stamp for receipt at the office is affixed nor Inward Correspondence Number is assigned for the same. The DC writes down a cryptic ‘permitted’ on the face of such letter and puts the initial thereunder. The Shed Officer performs the work as permitted by the DC and gives back the paper to the Importer or CHA who takes it away. No ministerial staffs are involved in the entire proceedings to open a file or to put up any Note for Orders. There is literally no trace left at the Custom House in respect of the permission given, under which the Shed Officer had done the work other than in the routine course.
4. The officers are not aware of the relevant provisions or procedure but follow such an unsafe and improper practice. . . .
(ii) It is seen that most of the Groups or Branches of the Custom House do not have a copy of the Appraising Manual. Moreover, almost all the contents of the Appraising Manual have become obsolete. As such, we find that officers have their own way of doing most of the work without any uniformity. An updated Appraising Manual is an urgent need which may also be published in the CBEC Website as early as possible please.
Date of action: 24 Jan 2011. Please refer to your grievance filed online through the Centralized Public Grievance Redress and Monitoring System of the Department of Administrative Reforms and Public Grievances, Ministry of Personnel, Public Grievances and Pensions vide Registration No. CBOEC/E/2011/00024, dated 11.01.2011. In this regard, it is stated that your suggestion has been received and taken note of.
(2) Display of unserved Summons/Notices:
01. We bring to your honour’s kind notice that the Securities and Exchange Board of India is displaying in their website the unserved summons / notices and orders that could not be served. [http://www.sebi.gov.in/Index.jsp?contentDisp=Section&sec_id=2].
2. Most of the Customs and Central Excise Office notice boards are clogged ... only the ‘Office of the ...’ alone is visible to be seen defeating the very purpose of displaying.
03. It is pertinent to draw your honour’s attention to the amended section 282 (1) (c) of the Income Tax Act, 1961 with regard to service of notice or orders.
(3) Suggestions to augment shortage of officials:
03. The post of Chief Commissioner of Customs, Chennai is vacant and as on date, the Chief Commissioner of Customs Preventive, Chennai holds additional charge of all the Chief Commissioners in Customs and Central Excise stationed in Chennai. Though there is no embargo for an officer to be posted to a higher post on officiating basis [Fundamental Rules 22] this is not being done in the Customs and Central Excise. Local officers may be granted officiating positions which would in addition be useful to get the work done, the incumbents would perform better when they are offered regular promotions.
04. Customs shares the responsibility of the security of India along with the defence forces. In peace time, enormous skilled man-hours are available in the defence forces. In exigencies, the defence personnel are used to run railways, build bridges etc. . Selected defence personnel stationed in state headquarters may be given crash course trainings to handle a part of the load of routine work on deputation or on part time basis as and when such shortage of man power is encountered.