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ANNUAL CONFERENCE 2008

(Mumbai, 28th November, 2008)

Minutes of the
Annual Conference
of
the All India Federation of
Superintendents of Customs
held in Visakhapatnam
on 14th and 15th June, 2007.

The Annual Conference of the All India Federation of Superintendents of Customs was inaugurated by the Chief Commissioner of Customs & Central Excise Shri P.N. Vittaldass at 10.30 AM on 14th June 2007. The inaugural function was also graced by Commissioner Shri Rakesh Kumar. The function was attended by large number of guests and fraternity members. The Chief Commissioner Shri P.N. Vittaldass and Commmissioner Shri Rakesh Kumar delivered speeches to guide the Federation and wished success for the Annual Conference. President Shri Anupam Majumdar and Secretary General Shri A.P.S. Dhillon in their speeches elaborated the issues of the cadre and invited the members to be more proactive to safe guard the interest of the cadre as well as of the department and requested the Administration to extend judicious consideration to long pending issues of the cadre. The inaugural function was concluded with a note of encouragement and motivation among the members.

After the inaugural function was concluded, the delegates and members of the General Body assembled for the Annual General Meeting of the All India Federation of Superintendent of Customs.

The meeting was attended by the following members:-

FEDERATION
1. Shri Anupam Majumdar : President
2. A.P.S. Dhillon : Secretary General
3. Shri M P Vasudevan : Joint Secretary
4. Shri A K Pundir : Treasurer
 
KOLKATA ASSOCIATION
1. Shri Manoj Kumar : President
2. Shri Anit Jain : General Secretary
3. Shri Srikant Sahu : Jt. Secretary
4. Shri Amit Bhattacharya : Treasurer
5. Shri Sanjib Aich : Member (Observer)
VISAKHAPATNAM ASSOCIATION
1. Shri M. Seetharam : President
2. Shri N.V.Ramadas : General Secretary
3. Shri B.K.M.Raju : Member
4. Shri T. Ramakrishna : Member
5. Shri T.Durga Rao : Member
6. Shri S.Raghu Ram : Member
7. Shri C.V.R.G.K. Acharyah : Member
8. Shri A.V.Ramana Murthy : Member
9. Shri P.V. Reddy : Member
10. Shri M.K.Srivastava : Member
11. Shri N.Satyanarayana : Member
MUMBAI ASSOCIATION
1. Shri R S Potdar : President
2. Shri A.K.Singh : General Secretary
3. Shri K M Moeen : Vice President
4. Shri S.P. Dudeja : Member
5. Shri C. Fernandes : Member

The Annual General Meeting was presided over by the President Shri Anupam Majumdar, who called the meeting to order. Welcoming the members of the General Body, he briefed the members of the last years’ development on various issues raised by the Federation. President Shri Majumdar then invited the members to deliberate on the following agenda points:-

Agenda Points:-

1. Confirmation of the minutes of the Annual General Meeting held in Kolkata on the 18th and 19th January, 2006.

2. Discussion on the matters arising out of the minutes of the AGM held on the 18th and 19th January, 2006.

3. Presentation and adoption of the Annual Report.

4. Presentation and adoption of the Statements of Accounts for the years 2005-06 and 2006-07.

5. Submissions made before the 6th Central Pay Commission.

6. Issuance of order in all Custom Houses empowering the Superintendents of Customs as proper officer under the relevant sections of the Customs Act, 1962.

7. Development of Court Cases in various Courts and requirement of fund to pay for the legal fees.

8. Increase of quota for promotion to the group-A in terms of the judgment dt 10-7-2001 of the Hon’ble CAT, Mumbai in O.A No 485/99 and 556/99, pending finalisation of unification of executive cadres of group ‘B’ in Customs.

9. Unification of Executive cadres of the Group-B in Customs.

10. Proper deployment of Superintendents of Customs by earmarking the specific places of postings. Deployment in export clearance work in all the Custom Houses.

11. Extending the geographical jurisdiction of the Commissioner of Customs of the port cities to retain the concept of Customs work for Customs staff in view of expansion of city limits.

12. Deployment of Superintendents of Customs in all SEZ s by inviting options through the Custom Houses only.

13. Deployment of Customs staff at the upcoming Gangavaram Port at Visakhapatnam.

14. Customs work for Customs in all respect.

15. Cadre based service Association to be made mandatory.

16. Postings after promotion to group-A to be made within the zone.

17. Vigilance procedure/investigations to be made as per rule and within the prescribed time limit.

18. Implementation of cadre-restructuring allocation and deployment of the Superintendents in all Custom Houses and ports.

19. Increase of diet allowance, O.T allowance, night duty allowance and allocation of Rummaging allowance to all the Superintendents.

20. Starting of website of the Federation.

21. Inclusion of Hyderabad Airport, Calicut airport and Bangalore Airport under Airpool policy.

22. Selection of Headquarter for the year 2007-08.

23. Election of the office bearers of the Federation for the year 2007-08.

24. Appointment of the internal auditor for the year 2007-08.

25. Selection of the venue of the VI th Annual conference.

26. Any other point with the permission of the chair.

27. Address from the President.

28. Vote of thanks.

POINT NO. 1.

Secretary General of the Federation Shri A.P.S. Dhillon read out the minutes of the Annual General Meeting held in Kolkata on the 18th and 19th January, 2006. Shri Dhillon also mentioned that the brochure, published and circulated for the present AGM, also include the minutes of the last AGM and members might also go through it. After the members were satisfied that the said minutes of the last AGM were correctly recorded, it was unanimously accepted and confirmed.

POINT NO. 2.

President of the Federation Shri Anupam Majumdar requested the members that most of the matters being live and included in the agenda points, the discussions can be held as per the agenda points. However, he invited the members for any burning issue on the AGM minutes. Members agreed to proceed with the agenda points.

POINT NO. 3.

The Annual Report was presented by the Federation Secretary General Shri A.P.S DHillon. He requested the members to go through the Annual Report which would be found in the brochure already circulated among the members. The report was unanimously accepted without any further discussion.

POINT NO. 4.

Federation Secretary General Shri A.P.S. Dhillon presented the duly audited statement of account for the years 2005-06 and 2006-07. He called upon the members to raise legal funds for the Federation as well as for the court cases, which are being funded almost single handedly by the Mumbai Association. Members went through the Statement of Account and no query was raised. Thereafter, the statement of account for the years 2005-06 and 2006-07 were accepted and passed unanimously.

POINT NO. 5.

Federation President Shri Anupam Majumdar briefed the members about the submissions made before the 6th CPC and present scenario regarding the its progress. He also informed members that the matter is also available on the Federation’s Website www.customsfederation.com. Shri Majumdar also informed the members that we being a part of the Confederation of Central Government Gagetted Officers Organisation (CCGGOO) had been in regular touch with the office-bearers of the CCGGOO. He requested Mumbai Secretary Shri A.K.Singh to enlighten the members on the matter. Participating in the discussion, Mumbai General Secretary Shri A.K. Singh briefed the members on the discussions held in the meeting of the CCGGOO at Ayakar Bhavan, Mumbai. He also brought to the notice of the members that CCGGOO contemplated agitation on the issue in case of further delay. He suggested that all the Associations may take the members into confidence for possible agitation programme. It was decided to remain tied with the CCOOGG on the issue.

POINT NO. 6.

Mumbai General Secretary Shri A.K.Singh circulated among the members the copies of the S.O. No. 7947/2006 dated 29.09.2006 issued from the Mumbai Custom House on the Appointment of the “Proper Officer” under the Customs Act, 1962. He stressed the need of such S.O. in all Custom Houses. Taking part in the discussion, Mumbai Vice-President Shri K.M. Moeen further elaborated on the matter and informed the members as how Mumbai Custom House could achieve to make inroads in the Import Examination job with the help of the said S.O. He also thanked Mumbai Superintendents S/Shri N.K. Singh and J.K. Rathi for getting such an S.O. issued in Mumbai Custom House. All the members also conveyed their thanks. After a detailed discussion it was agreed upon unanimously that all the Associations would take it up with the Commissioners for issue of such S.O. in their Custom Houses.

POINT NO. 7.

Federation President Shri Majumdar briefed the members about the court cases and invited Shri S.P.Dudeja of Mumbai and requested him to give detailed accounts of the court matters and its present position. Shri S P Dudeja gave a detailed account of the pending court cases. Mumbai General Secretary Shri A.K.Singh stressed the need of creating a fund for the legal expenses. Member Associations agreed to contribute for the legal fund to the best of their ability.

POINT NO. 8.

Secretary General Shri Dhillon briefed the members of his experience of discussion with the Board Members and felt that unless and until the Hon’ble gives judgment, the Department is totally unwilling to touch the issue. It being an old issue and yet to achieve the desired result, it was decided to pursue the matter.

POINT NO. 9.

Federation President Shri Majumdar briefed the members on the issue and expressed his dissatisfaction at indifferent functioning of the Board and described how the Bhardwaj Committee proposal has been shelved by the Board without any reasons. Shri S.P. Dudeja of Mumbai informed the members that a proposal was given verbally by Shri S.D.Chand, now A.C. & earlier president of the direct recruit Appraisers, that the existing direct recruit Appraisers might be given an exit route and they would work for the merger of the Appraisers’ cadre with us. Shri Dudeja gave a detailed account of such proposal. Shri K.M.Moeen of Mumbai and Shri S.Raghuram of Visakhapatnam took part in the discussion. All of them emphasized the need to protect the interest of our cadre, who are suffering for long from acute stagnation. It decided to form a sub-committee with the following members to examine the issue and take decision as and when required:-

Shri K.M. Moeen : Convener
Shri Atanu Chaudhury : Member
Shri S.P. Dudeja : Member
Shri S. Raghuram : Member
Shri Anit Jain : Member

POINT NO. 10.

Initiating the discussion, Secretary General Shri A.P.S. Dhillon suggested that Superintendents f Customs should be posted for the job of Import Examination in the Docks and also in the Import Groups. Supporting the view of Shri Dhillon, Federation President Shri Anupam Majumdar called upon all the Association to put pressure on the administration to post Superintendents (P) immediately for Export Examination and clearance posting in all the Custom Houses, which is being done in the Mumbai Customs Zone for more than last five years. Mumbai President Shri R.S.Potdar mentioned that due to the shortage of Preventive Officers, some odd jobs are being performed by the Superintendents. It is urgently required to fill the vacant posts of Preventive Officers in Mumbai Custom House. Kolkata Joint Secretary Shri Srikant Sahu mentioned that the clearance of the Nepal Cargo (Import Cargo for Nepal) is given by the Appraisers when the clearance involves only checking of the seal on the Container. He proposed that the job of clearance of Nepal Cargo be given to the Superintendents in Kolkata custom House. Visakhapatnam Member Shri Raghuram desired that Export clearance job might be given to the Superintendents. It was decided that the Associations shall initiate the move as suggested above and after bit of persuasion at the local level shall involve the Federation, who would take it up with the Board, in case results are not achieved.

POINT NO. 11.

Federation President Shri Anupam Majumdar drawn the attention of the members that the jurisdictions of Commissioners of Customs have long been locked within such areas, which were decided decades ago when facitilities like road, transport, infrastructure, etc were inadequate in the olden days for Customs work. But with the developments of the surroundings/ adjoining areas of the port cities, the Customs work has shifted to those areas, which still remained outside the jurisdiction of the Commissioners of Customs. As a result, the work is being attended by the Central Excise Officers. It is an irony that many of us lives in those areas and find that the next door SEZ or EOU is manned by the Central Excise Officers and we are to travel to reach Custom House to work. These areas are not far off from the Custom Houses and might be within a radius of 30 to 40 km and are well connected by train or bus services. It is happening in the upcoming areas like Navi Mumbai, New town at Rajarhat near kolkata, etc. It is high time that we identify these areas and demand for extending the jurisdiction of the Commissioners of Customs to cover these areas otherwise we have to stagnate devoid of expansion. He suggested that Mumbai Association may demand for inclusion of Panvel Taluka and Navi Mumbai Municipal Corporation areas within the jurisdiction of the Commissioner of Customs, JNCH and also demand to declare Navi Mumbai as the port city for the Jawaharlal Nehru Custom House, Nhava Sheva.

Shri Rajesh Jacob of Visakhapatnam informed that there was problem of posting in the Visakhapatnam SEZ, as Customs Superintendents do not want to go there.

Shri S. Srinivas of Visakhapatnam made a point that Visakhapatnam SEZ called option for 3 year deputation and Central Excise Superintendents opted for the same and were posted there. He demanded that Customs Superintendents of Visakhapatnam Custom House must be posted there.

Taking part in the discussion Kolkata President Shri Manoj Kumar informed the members that the SEZ and ICD, which are coming up in the Rajarhat area, would go to the Central Excise as it is beyond the jurisdiction of the Commissioner of Customs, Kolkata.

Federation President Shri Majumdar suggested that Kolkata Association must demand to include entire area having the Kolkata Postal Index Number (PIN) within the jurisdiction of the Commissioner of Customs, Kolkata.

It was decided that the Associations must take the initiative and keep the Federation informed so that the Federation could take up the matter with the Board.

POINT NO. 12.

The point being discussed along with point no. 11, it was decided that the matter would be taken up with the respective Development Commissioners and the Commissioner of Customs so that the options are called through the Custom Houses.

POINT NO. 13.

The point, which was sponsored by the Visakhapatnam Association, was presented by Visakhapatnam President Shri Seetharam. He informed the members that the upcoming Gangavaram port, which is situated across the Visakhapatnam harbour, must be manned by the officers of Visakhapatnam Custom House. He sought the help of the Federation to achieve the target. Federation President Shri Anupam Majumdar assured that the Federation would extend all support to the Visakhapatnam Association in the matter.

POINT NO. 14.

Shri Srikant Sahu of Kolkata informed that the Development Commissioner of Falta SEZ had taken Central Excise Superintendent at the Falta SEZ, which is within the jurisdiction of the Commissioners of Customs, Kolkata and enough options were available from the Customs Superintendents. After brief discussion it was unanimously decided that Kolkata Association would pursue the issue and inform the Federation for taking up the matter at a higher level.

Since specific related issues are included in the agenda points, no further discussion in this agenda point was made. However, as desired by the members, the point is retained in the agenda.

POINT NO. 15.

The matter was discussed at length by Shri S.P. Dudeja of Mumbai, Shri T.Ramakrishna and Shri Raghuram of Visakhapatnam, Shri Anit Jain of Kolkata. All the members were unanimous in demanding that Associations must be Cadre based, as laid down in the CCS(RSA), Rules. Federation President Shri Anupam Majumdar informed the members that the matter was raised before the Board officials, who advised us to take up the matter with the local Commissioners, not to include two cadres in the “Check Off Certificates” issued from the Custom Houses. It was decided that the Associations would write to the Commissioner with copy to the Federation objecting the inclusion of two Cadres in the “Check Off Certificate” and the matter would be pursued at both local and Board’s level.

POINT NO. 16.

Participating in the discussion Kolkata President Shri Manoj Kumar suggested that on promotion the Superintendents, who are having less than 7 years of balance service, must be posted within the Zone and those, who are having 3 years or less, must be posted at the place of their choice on promotion. After a brief discussion it was decided to pursue the matter with the Board.

POINT NO. 17.

The point was debated by the Mumbai Vice-President Shri K.M. Moeen. He mentioned that all the charge-sheeted Appraisers are posted in the Courier Cell at Mumbai Airport but while posting the Superintendents, the administration considers the “Cloud List”. It is highly discriminating. He suggested that no separate “Cloud List” should be maintained and only the list of “Officers of Doubtful Integrity” (ODI) may be maintained by the Department as per the guidelines of the CVC. Sri S.P. Dudeja of Mumbai suggested that the Appraisers, who are under cloud, may not be posted in such sensitive postings and Superintendents, having clean record, may be posted. Shri sanjiv Aich of Kolkata and Shri A.V.Ramamurthy of Visakhapatnam described as to how the Superintendents are subjected to sufferings in the name of Vigilance. Shri Raghuram of Visakhapatnam mentioned that Captains of some Vessels while sailing out of India, sometimes send complaints against the Customs officers through the Port Trust, who ask for it. In turn the Port Trust sends the complaints to the Commissioner. Federation President Shri Majumdar Suggested that Visakhapatnam may start a practice to collect written opinion about the ‘Customs Cooperation at the Port’ from the Captains of out going Vessels in an “Opinion Form”, as prescribed by the Department while handing over the Port Clearance. So that action can be taken on the complaint, if any, on the spot. As a result, any complaint, generated out of afterthought or instigation, can be prevented. The Federation President’s suggestion was accepted by the Visakhapatnam members enthusiastically.

It was unanimously decided that the vigilance matter would be taken up by the Associations as well as the Federation so that the CVC’s guidelines are scrupulously followed and extra coercive measures are not adopted by the CVO’s zonal offices or the Commissionerates.

POINT NO. 18.

After a brief discussion it was decided that each Association would prepare a deployment proposal and submit it to the Commissioner and the Chief Commissioner with a copy to the Federation. It was decided to pursue the issue of proper deployment of the Superintendents.

POINT NO. 19.

It was unanimously decided to demand the increase in all the allowances. Federation would pursue with the Board.

POINT NO. 20.

At the request of the Federation President Shri Anupam Majumdar, the matter was elaborated by the federation Joint Secretary Shri Vasudevan. He informed the members that the website was ready and it could be launched shortly. He requested the members to visit the Federation website regularly at www.customsfederation.com.

POINT NO. 21.

Participating in the discussion Visakhapatnam President Shri Seetharam requested Mumbai for releasing 2 posts of ACS, which are allotted to Mumbai, at Bangalore Airpool in favour of Visakhapatnam. He also requested for releasing 1 post of Mumbai ACS at Thiruvantapuram Airpool in in favour of Visakhapatnam. Mumbai General Secretary Shri A.K. Singh expressed their agreement but said that they would take a decision after their committee meeting at Mumbai. It was decided that Visakhapatnam Association would write to the Federation and Mumbai Association would give NOC and thereafter, the Federation would write to the Board and Chief Commissioner, Bangalore.

After brief discussion it was decided to demand for inclusion of Hyderabad and Calicut Airports under the Airpool policy.

POINT NO. 22.

It was unanimously decided to retain the Headquarters at Mumbai for the year 2007-08.

POINT NO. 23.

As proposed by the Mumbai Association, the following officer bearers were unanimously elected:

1. Shri Anupam Majumdar : President
2. Shri S.P. Dudeja : Vice-President
3. Shri Piyush Pandey : Vice-President
4. Shri A.P.S. Dhillon : Secretary General
5. Shri A.K. Pundir : Joint Secretary
6. Shri Yadram : Treasurer
7. Shri M.P. Vasudevan : Website Manager

POINT NO. 24.

As proposed by the Mumbai Association, Shri Costao Fernandes was elected unanimously as the internal auditor.

POINT NO. 25.

Mumbai Association agreed to hoist the VI Annual Conference of the Federation at Mumbai.

POINT NO. 26.

With the permission of the Chair, Kolkata Genaral Secretary Shri Anit Jain mentioned that in Kolkata Custom House vigilance clearance is obtained before posting under the CC (P). He raised objection to such practice. It was decided that Kolkata Association would write its objection to the Commissioner (P), Kolkata with a copy to the Federation.

POINT NO. 27.

Before the Federation President Shri Anupam Majumdar started his speech, he requested Retired Superintendent Shri A.B. Manek to address the gathering. Shri A.B. Manek delivered a very well-thought-of speech full of emotions and encouragement. All the members gave him a standing ovation.

Federation President Shri Anupam Majumdar in his speech emphasized on strengthening the Associations and the Federation. He requested the members to be more active and prompt in handling any issue and always be imaginative in offering solution to any problem. He emphasized that the department is facing acute shortage of staff at the lower levels and the Associations have to take proactive role in solving the Personnel & Establishment matters in the best interest of the Cadre by involving the association members personally. He thanked the Visakhapatnam Association for efficiently organizing the Conference. He also thanked all the members for their cooperation.

POINT NO. 28.

Visakhapatnam President Shri Seetharam raised the vote of Thanks to the Chair.

The Annual General meeting was concluded thereafter.