All India Federation of Superintendents of Customs | Conference 2008

ANNUAL CONFERENCE 2008

(Mumbai, 28th November, 2008)

Some Important Letters

AIFSC/MUM/AM/18/2007

10th Jan, 2008.

To
Shri S.K. Singhal,
Chairman, Central Board of Excise & Customs,
North Block, New Delhi – 110 002.

Sub: Unjust and prolonged sufferings of the Superintendents of Kolkata Custom House in the name of Departmental Inquiry- reg.

Respected Sir,

It has been a matter of great concern that a large number (nearly 10% of the total cadre strength) of Superintendents of Customs at Kolkata Custom House were kept under suspension for a very long time beyond more than 18 months and the investigation was being dragged unduly longer only to increase the undue sufferings of these Superintendents.

It is learnt that these suspensions were made alleging lapses in the clearance of passengers at the Unaccompanied Baggage Centre, Kolkata. It is found that only the Superintendents have been isolated to make scapegoats, leaving the officers of other cadres, who were also responsible. It is also learnt that the alleged revenue loss could neither be quantified nor the recovery process has been initiated, possibly because the revenue loss could not be established in the case.

The suspension on the Superintendents, though has been revoked after more than 18 months, the inquiry process has been inordinately delayed and brought almost to a stand still by the inquiry authority possibly because the charges can not be proved. As a result, the sufferings of the Superintendents continued. In spite of our taking it up at the local level, nothing moved.

In view of the above, your kind intervention in the matter is solicited so that the charges on the Superintendents may either be dropped or the inquiry may be completed within a specific time frame preferably within two months.

Thanking you,

Yours faithfully,

(ANUPAM MAJUMDAR)
PRESIDENT

AIFSC/AM/05/2008-09

06th July, 2008.

To
Shri P.C. Jha,
Chairman, Central Board of Excise & Customs,
North Block,
New Delhi – 110 002.

Sub: Unjust and prolonged sufferings of the Superintendents of Kolkata Custom House in the name of Departmental Inquiry - reg.

Respected Sir,

It has been a matter of concern that alleging lapses in the clearance of passengers at the Air Cargo Unaccompanied Baggage Centre, Kolkata, large number of Superintendents of Customs at Kolkata Custom House were kept under suspension for a very long time beyond more than 18 months and the investigation was being dragged unduly longer only to increase the undue sufferings of these Superintendents. Though the matter has been raised time and again, nothing has been done as yet.

It is learnt that in spite of such prolonged investigation conducted in the case, the alleged revenue loss could neither be quantified nor the recovery process has been initiated, possibly because the revenue loss could not be established in the case. The Superintendents are being victimized for no founded reason.

It is believed that the inquiry process has been deliberately delayed and brought almost to a stand still by the inquiry authority possibly because the charges can not be proved. As a result, the sufferings of the Superintendents continued. In spite of our taking it up at the local level, nothing moved. The hearing by the Inquiry Officer is not being conducted and no care is being taken to complete the inquiry.

Thanking you,

Yours faithfully,

(ANUPAM MAJUMDAR)
PRESIDENT

Copy To:

1. The Director General, Directorate of Vigilance,
Central Excise & Customs,
1st & 2nd Floor, Hotel Samrat,
Kautilya Marg, Chanyakpuri,
New Delhi - 110 021.

2. The Commissioner of Customs (Admn),
Custom House, Kolkata,
15/1, Strand Road, Kolkata - 700 001.

3. The Association of Superintendents of Customs,
Kolkata Custom House, Kolkata,
15/1, Strand Road, Kolkata - 700 001.

AIFSC/AM/07/2008-09

09th September, 2008.

To
Shri P.C. Jha,
Chairman, Central Board of Excise & Customs,
North Block,
New Delhi – 110 002.

Sub: Unjust and prolonged sufferings of the Superintendents of Kolkata Custom House in the name of Departmental Inquiry - reg.

Respected Sir,

Kindly refer to this Federation’s letters dated 10th January, 2008 and 06th July, 2008 on the subject matter. We are yet to receive any response from any corner.

It is very unfortunate that in spite of our repeated persuasion, the concerned Inquiry Officer/s appointed by the Disciplinary Authority in the Kolkata Custom House has preferred to continue to ignore the matter to convey a sense that their actions or inactions are above any scrutiny by the senior authority and beyond the control of law.

It is learnt that in spite of such prolonged investigation conducted in the case, the alleged revenue loss could neither be quantified nor the recovery process has been initiated, possibly because the revenue loss could not be established in the case. It appeared that the Superintendents are being victimized for no founded reason.

It is shocking to learn that some the Superintendents have now been retired on superannuation and their retirements dues are held back pending the finalization of the inquiry proceedings, of which the administration is indifferent.

In view of the above, your kind intervention in the matter is further solicited so that the charges on the Superintendents may either be dropped or the inquiry may be completed within a specific time frame as your good self may kindly fix.

A line in reply will be highly appreciated.

Thanking you,

Yours faithfully,

(ANUPAM MAJUMDAR)
PRESIDENT

Copy To:

1. The Director General, Directorate of Vigilance,
Central Excise & Customs,
1st & 2nd Floor, Hotel Samrat,
Kautilya Marg, Chanyakpuri,
New Delhi - 110 021.

With a humble request to issue necessary direction to the Disciplinary Authority to abide by the time frame as laid down under the rules and procedure.

(ANUPAM MAJUMDAR)
PRESIDENT

AIFSC/AM/04/2007

19.08.2007.

To
Shri P.N.Vittaldas,
Chief Commissioner of Customs and Central Excise,
Central Excise Building, Port Area,
Visakhapatnam - 530 035.

Sub: Handling of Customs work at Gangavaram port by Customs – reg.

Respected Sir,

Your words that you are first a man of Customs and then Central Excise spelt during the fascinating speech made by you in the inaugural ceremony of our All India Conference at Visakhapatnam still resonates in my ears and shall continue to resonate in my mind. Your presence among us has enthused each one of us. I am grateful to you.

I feel that it might an overindulgence to further pursue the issue of ‘handing over the Customs work at the upcoming Gangavaram port to the Customs Officers of Visakhapatnam Custom House’ as I know that you, as a man of vision and wisdom, are fully aware of the issue and I have no doubt in my mind that the Customs functioning of the said port would be allocated to my brothers and sisters of Visakhapatnam Customs as a natural process.

However, I understand that the issue of shortage of Customs Officers is bothering you and is possibly coming in the way of your taking a judicious decision in our favour.

May I submit that the conventional Customs work has been dried up and it has left the scope to redeploy the existing staff, who are still sticking to redundant posting places, in a pragmatic manner in tune with the present day need.

Therefore, I believe that there is no actual shortage of Customs Officers to be deployed to the upcoming Gangavaram Port and only a total redeployment exercise of the Customs staff will resolve the issue.

I further submit that apparent insufficient ready availability of Customs staff will not be permanent feature but if the handling of Customs work of the Gangavaram Port is given to the Central Excise staff it will definitely inflict a permanent blow on the Customs staff, who are already facing job crunch and stagnation due to the policy of liberation.

It is an irony that the Customs staff, who have no new area to expand, have to toil to retain their legitimate Customs job from the grab of the Central Excise staff, who otherwise have a new field of vast expansion in the Service Tax.

In view of the above, it is earnestly requested that the administrative and functional control of the Gangavaram port may kindly be assigned to the Commissioner of Customs, Visakhapatnam.

Thanking you,

Yours faithfully,

(ANUPAM MAJUMDAR)
PRESIDENT

AIFSC/AM/05/2007

30/08/2007.

To
Shri A.K.Raha,
Member (P&A),
Central Board of Excise and Customs,
North Block,
New Delhi.

Sub: Handing over of Customs job at upcoming Gangavaram Port, Visakhapatnam to Customs officers – reg.

Respected Sir,

The upcoming Gangavaram Port at Visakhapatnam, Andhra Pradesh has been notified as Customs Port by notification No. 85/2007(NT) dt 21/08/2007 under section 7 of the Customs Act, 1962.

We have raised the subject issue with the local Chief Commissioner of Visakhapatnam for a very long time and we were assured that it would be considered favorably.

Now that an air of uncertainty to hand over the Customs job to the Customs officers at the Gangavaram port has been created on unfounded grounds of shortage of Customs staff at Visakhapatnam Custom House. We have sufficient staff at Visakhapatnam Custom House who can be rationally redeployed and provisions for Gangavaram port from within the existing staff can easily be made.

The upcoming Gangavaram Port at Visakhapatnam is situated across the harbour of Visakhapatnam Port and it is barely less than 30 kms by road from the Custom House. The Customs Officers of Visakhapatnam, who are experienced at the handling of the job of a Customs port, are all willing to attend the Customs job at Gangavaram Port in the interest of the expansion of their job opportunity, which is already shrinking.

The Navha Sheva port was handed over to Mumbai Customs and the Ennore port was handed over to Chennai Customs when they were far more away from their respective Custom Houses and were even out of the jurisdiction of the respective Customs Commissioners. As such, these cases all strengthen our ground.

In view of the above, your kind intervention is solicited so that the Customs job at Gangavaram port may be handed over to Customs under the Commissioner of Customs, Visakhapatnam.

Thanking you,

Yours faithfully,

(Anupam Majumdar)
President
All India Federation of Superintendents of Customs
Mumbai

AIFSC/AM/03/2008

06.05.2008.

To
The Chairman,
Central Board of Excise & Customs,
North Block,
New Delhi - 110 002.

Sub: Assigning the Customs work at the upcoming Gangavaram port at Visakhapatnam to Customs - reg.

Respected Sir,

Your kind attention is drawn to the subject matter, which is being dealt in Board’s file F.No. 434/4/2008-Cus IV.

The upcoming Gangavaram Port at Visakhapatnam, Andhra Pradesh has been notified as Customs Port under the Customs Act, 1962. The Customs work of the Port may now be notified under the Commissioner of Customs, Visakhapatnam. We have raised the subject issue with the Board and the local Chief Commissioner of Visakhapatnam for a very long time and we were assured that it would be considered favorably. However, it is yet to be finalized.

The upcoming Gangavaram Port at Visakhapatnam is situated across the harbour of Visakhapatnam Port and it is barely less than 30 kms by road from the Custom House. The Customs Officers of Visakhapatnam, who are experienced at handling the job of a Customs port, are all willing to attend the Customs job at Gangavaram Port in the interest of the expansion of their job opportunity.

The question of jurisdiction, which was raised to dispute our claim, may not act as a hindrance in this case to hand over the Customs work in the Port to the Commissioner of Customs, Visakhapatnam. The whole of Gangavaram village has been brought within the jurisdiction of Greater Visakhapatnam Municipal Corporation (GVMC) on 03.08.2005. Subsequently the port area of 1800 acres of land within the Gangavaram village was declared as “Notified Area” under the Andhra Pradesh Municipalities Act, 1965 in order to free the port activities from any encumbrances, which might arise under the municipal rules and regulations, so as to boost up the free growth of the Port. The geographical jurisdiction of the Commissioner of Customs, Visakhapatnam should extend up to area of the greater municipal limits like all other Custom Houses and the Gangavaram Port area falls within the geographical limits of GVMC.

It is also learnt that the Chairman and Managing Director of the Gangavaram Port has also, in a letter dated 11.3.2008 gave ample grounds and requested the Board for notifying the Gangavaram Port under the jurisdiction of the Commissioner of Customs, Visakhapatnam.

Our Association at Visakhapatnam also has made several representations citing all grounds to notify the Gangavaram Port under the Commissioner of Customs, Visakhapatnam.

Moreover, the earlier examples of the Nhava Sheva port, which was handed over to Mumbai Customs, and the Ennore port, which was handed over to Chennai Customs, though they were far away from their respective Custom Houses and were even out of the jurisdiction of the respective Customs Commissioners, strengthen our claim on founded grounds.

It may be reiterated that we have sufficient staff at Visakhapatnam Custom House who can be rationally redeployed and provisions for Gangavaram port from within the existing staff can easily be made.

We are severely stagnated and pseudo-deployed due to the shrinkage of conventional Customs work coupled with the shifting of existing Customs work to the areas outside the port cities. The Gangavaram port is virtually an expansion/ extension of the Visakhapatnam port and therefore, all the staff members of the Visakhapatnam Custom House are looking at the Gangavaram port as an opportunity for expansion and all are determined to join the force of progress at the Gangavaram port.

In view of the above, your kind intervention is solicited so that the Customs job at Gangavaram port may be handed over to Customs under the Commissioner of Customs, Visakhapatnam.

Thanking you,

Yours faithfully,

(ANUPAM MAJUMDAR)
PRESIDENT

Copy To:

1. Shri P.N.Vittaldas, Chief Commissioner of Cus & Cen Ex. Vizag.

2. Shri M.M. Parthivan, Director (Customs), North Block.

FEDN/MUM/AM/27/2008

15.02.2008.

To
Shri S.K. Singhal,
Chairman, Central Board of Excise & Customs,
North Block,
New Delhi - 110 002.

Sub: Deployment of Superintendents (Prev) for Assessment and Clearance of import goods - reg.

Respected Sir,

In view of the ever increasing volume of Import/Export work at the J.N. Custom House, Nhave Sheva coupled with acute shortage of Appraisers and sufficient availability of experienced Superintendents (P), the local Administration took decision and posted few Superintendents (P) for examination of Import Cargo at the Container Freight Stations in the public interest to facilitate trade.

It is now learnt that some Appraisers, on the probable consideration that their personal domain is lost, pursued with the higher authorities to consider the revision of the decision of deploying Superintendents (P) for examination of Import Cargo.

In this connection, it is now brought to your kind knowledge that the Superintendents (P) have been successfully working in the SIIB, SVB, CIU, Adjudication, Review, Audit, etc, which are predominantly appraising job and those used to be handled by the Appraisers earlier.

Further, if the present composition of the cadre of Appraisers are closely examined, it will be seen that a large number are yesterday’s junior Preventive Officers, many of whom avoided to take the promotion as Superintendents (P) and waited for long number of years to get the promotion as Appraiser for best reasons known to all. Sir, only change of designation does not over night make a person more knowledgeable.

It is a fact every one knows that the Appraisers are over worked and it is a familiar scene that the representatives of CHAs and Trade run behind the “busy” Appraisers for clearance of their goods. In fact, such a situation has sacrificed the efficiency and at times the Revenue is also sacrificed. There must be rational and work load must be evenly distributed on each Officer so that due care is taken to protect the Revenue and simultaneously facilitate the Trade. The recent case made by DRI, Mumbai at the Air Cargo Complex, Mumbai is one such example of the outcome of irrational distribution of work.

It may also be mentioned that the Superintendents of Central Excise have been working in the fields of Assessment and Clearance of Import as well as Export goods along side the Appraisers in various CFSs and ICDs without any objections or difficulties.

In view of the above, it is submitted that the immediate remedy available to us is to post the sufficiently available experienced Superintendents (P) at all the postings relating to the Assessment and Clearance of Import as well as Export goods at all the Custom Houses all over India and break the watertight wall of divide between the Appraisers and Superintendents of Customs (P) in the public interest, which have been suggested by many number of Committees in this issue.

It is, therefore, requested that the policy of postings the Superintendents (P) for Assessment and Clearance of Import as well as Export goods, as adopted in the J.N. Custom House, Nhava Sheva may be extended to all the Custom Houses and it may be strengthened by posting more Superintendents (P) to cope up with the increased volume of work in a rational distribution of work load.

Thanking You,

Yours faithfully,

(ANUPAN MAJUMDAR)
PRESIDENT

Copy To:
1. Revenue Secretary, North Block, New Delhi.
2. Member (Cus), CBEC, North Block, New Delhi.
3. Chief Commissioners of Customs, Mumbai-I, II & III.
4. General Secretary, Mumbai, Kolkata, Visakhspatnam.

AIFSC/AM/02/2008

21.04.2008.

To
Shri P.V. Bhide,
Revenue Secretary,
Ministry of Finance,
North Block,
New Delhi - 110 002

Sub: Observation on the Recommendations of the Sixth Central Pay Commission - reg.

Respected Sir,

The members of this Federation are greatly disappointed with the recommendation of the 6th CPC on all fronts including promotion policy, pay, allowances, leave, etc.

The 6th CPC report has envisaged new pattern of pay slabs with the idea of diluting the ill effects of stagnation, but it did not throw any light to ease the severe stagnation in the cases like ours, which possibly they could not even fathom. The Superintendents of Customs, in spite of possessing all the qualities to perform excellently at the higher levels, are choked to stagnate for more than 30 years to retire with a single promotion. We feel that promotion is one of the main motivations for better performance, which salary alone can not ensure. However, the 6th CPC has remained evasive on the issue of promotion. Other issues viz. pay, allowances, etc are also grossly ignored in the cases of the middle level and lower level officers.

It is comforting news that the 6th CPC report would be examined by the constituted committee before the report is accepted and implemented by the government. In such circumstances, we put forth the following issues for favourable consideration:-

1. Promotion policy

The acute stagnation in our Cadre has blocked the way for our career progression, thereby causing severe demoralization in our Cadre. In the present scenario, we retire with a single promotion in 30-35 years and in case adequate measures are not taken, the officers will retire without any promotion in service life. Each department may be suitable instructed to ensure minimum 3 promotions in ones service life by resorting to suitable cadre-restructuring.

2. Pay Issue

(i) The 6th CPC report has rubbed salt to our injury by recommending to keep the Group B(Gazetted) officers as untouchables from the pay band PB-3 even after getting the ACP elevation to the pay scale of Group-A. At the same time the pay band PB-2 has been formulated to amalgamate all the Group-C, Group-B and Group B(Gazetted) officers including those, who got ACP elevation to the pay scale of Gr-A. Thus, all the promotee officers have been made untouchables even if many of them are elevated to the pay scale of the Group-A. The discrimination between the Gr- B(Gazetted) officers with ACP elevation and Gr-A officers by creating separate pay bands of 8700-34800 + 5400 and 15600-39100 + 5400 may be abolished as it is against the principles of the ACP scheme. In fact, the long experience of the Superintendents of Customs should be duly evaluated while placing them in a pay band and fixing the grade pay for them.

(ii). The actual rise in salary in the cases of the Superintendents of Customs is much less than the actual rise of salary in the cases of their senior officers though both faces the same grindings from the same society. The percentage of rise in the upper order is much higher and discriminatory than that of the lower order. Care may be taken to rationalize the actual rise of salary from the top order to the bottom order of the entire pay bands/ scales.

(iii) The annual increment may be maintained at minimum 8% for first 5 years and at 10% for next 5 years considering that the term of the 7th Pay Commission might begin in an era, which would be ruled and governed by the large corporates with their hefty pay packets for their staff. Otherwise, the government servants would then feel insignificant and insecure and would not be able to perform being demoralised.

(iv) The issue having its larger perspective and being connected to all other employees, we also subscribe to the views as held by the CONFEDERATION OF CENTRAL GOVERNMENT GAZETTED OFFICERS ORGANISATION (CCGGOO), MUMBAI, being a part of the said organization.

3. Cadre Specific Allowances

(i) Uniform allowance

We, the uniformed officers, wear white uniform similar to that of the Coast Guard while performing our duties on the ship in the docks and at the airports. It has been observed by the 6th CPC very rightly that maintaining the white uniform is a difficult and expensive task. It is requested that keeping the initial grant at Rs. 16000/-, the renewal grant may be made at Rs. 7000/- for every three years for our cadre at per with the Coast Guard.

(ii) Rummaging Allowance

We, as part of Customs Preventive operation, perform rummaging of the ship and also of the Aircraft and we have been granted the Rummaging Allowance, which is Rs. 500/- per month at present. Rummaging Allowance may be granted at Rs. 3000/- per month for all the Superintendents of Customs, all of whom are regularly engaged in preventive operations.

(iii) Airport Diet allowance

We have been granted the Airport Diet Allowance of Rs. 200/- per month, which is unrealistic in the present scenario. It is requested that the Airport Diet Allowance must be increased to Rs. 2500/- per month.

4. Leave

Number of closed holidays in any year is about 17 to 18 on an average. If the number of closed holidays is reduced to 3 days, the total number of Restricted Holidays available to each employee may be maintained at 15 days with proper flexibility.

Thanking you,

Yours faithfully,

(ANUPAM MAJUMDAR)
PRESIDENT