estt office order no 18 / 2016 pe jnch

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1 jawaharcustoms.gov.in estt office order no 18 / 2016 pe jnch स म श क आय (IV)क क य लय, स म श क म बई ज न II OFFICE OF THE COMMISSIONER OF CUSTOMS (IV), MUMBAI CUSTOMS ZONE II, जव हरल ल न ह स म श क भवन, ह व श व, त ल क : उरण, जल : र यगड, मह र JAWAHAR LAL NEHRU CUSTOM HOUSE, NHAVA- SHEVA, TAL-URAN, DIST.-RAIGAD, MAHARASHTR F.No.S/10-Misc-29/ Adj (X) NS-IV Date: OFFICE ORDER NO. 18/2016 P&E (JNCH) Sub: Constitution of Centralised Adjudication Cell in JNCH, Mumbai Zone-II reg. A Centralised Adjudication Cell is being constituted in JNCH, Mumbai Customs Zone-II under the administrative control of Commissioner of Customs, (NS IV) and headed by Additional / Joint Commissioner of Customs, NS-IV. 2. Centralised Adjudication Cell shall comprise all officers posted in Adjudication Cell of all Customs Commissinerates at Nhava-Sheva i.e. NS-G, NS-I, NS-II, NS-III, Ns-IV and NS-V. The proposed strength of Central Adjudication Cell is as under. Sr.No. Designation Nos. 1 ADC/JC 1 2 DC/AC 3 3 Appraiser 10 4 Supdt. 8 5 Preventive Officer 2 6 Examiner 1 6 STA/TA/LDC 7 3. In case of transfer of the officers, the incoming officers posted in above sections will automatically replace the outgoing officers in Centralised Adjudication Cell. 4. The Centralised Adjudication Cell will start functioning w.e.f The working of the Centralised Adjudication Cell at JNCH will be as per Standard Operating Procedure (SOP) attached to this order. (Annexure A) 6. Addl. Commissioner (PG) is directed to provide necessary space for the Centralised Adjudication Cell and logistical/equipment support, if any. Addl. Commissioner (EDI) is directed to ensure necessary equipment support to the Centralised Adjudication Cell. 7. The roles and functions of officers and staff are briefly outlined as are annexure A to this order. The Standard Operating Procedure of work flow is also attached as Annexure-B. 1/5

2 8. Further commissionerate-wise allocation of work will be done by Additional/Joint Commissioner in-charge of Centralised Adjudication Cell. 9. ADC(PG), ADC(P&E) and ADC(AM-Exp. & AM-Imp) are directed to adhere to the staff deployment as enumerated in para 2 of the order while issuing transfer / posting orders. 10. This isssues with the approval of Chief Commissioner of Customs, Mumbai Zone-II. Sd/- (SUBHASH AGARWAL) COMMISSIONER OF CUSTOMS NS-IV JNCH, NHAVA SHEVA Copy to: 1) Pr. Commissioner / Commissioner of Customs, (Gen/Appeals/NS I/II/III/IV/V). 2) All Addl. / Jt. Commissioner of Customs JNCH. 3) All Dy./Asstt. Commission of Customs, JNCH 4) All Sections in JNCH, Mumbai Zone-II. 5) Office Copy. ANNEXURE-A STANDARD OPERATING PROCEDURE (SOP) FOR WORKING OF ADJUDICATION CELL AT JNCH. OBJECTIVE Pursuant to Cadre Re-structuring in CBEC, Mumbai Customs Zone-II was re-organised into six Commissionerates, NhavaSheva (Gen)- for overall administration of the Zone and five (5) Executive Commissionerates viz. NhavaSheva-I to V by grouping the CFSs.However, these new Commsionerates are not yet fully functional for want of required staff strength, infrastructure and allotment of LOCODES etc. As a stop gap arrangement, the reorganisation was implemented with some deviation, i.e. different Sections/Units of the erstwhile Mumbai Customs Zone-II were divided into these new Commissionerates. Due to this transition phase, new difficulties have surfaced in the working of some of the Sections. As far as, working of Adjudication Cell/Legal Cell is concerned, the situation has turned chaotic and need immediate corrective steps. EXISTING PROCEDURE IN ADJUDICATION CELL The erstwhile Mumbai Customs Zone-II had only two Commissionerates namely Import Commissionerate and Export Commissionerate. Each of these Commissionerates had its own Adjudication Cells. Presently, Adjn Cell (I) of the erstwhile Zone-II is functioning as Adjn. Cell for NS-I, NS-III &NS- V and Adjn Cell X)of the erstwhile Zone-II is functioning as Adjn. Cell for NS-Gen, NS-II & NS-IV. As different Assessing Groups have been placed in different Commissionerates, the import related Adjudication work is divided amongst different Commissionerates as per allocation of Assessing Groups. However, confusion prevails regarding division of export related adjudication work. Presently, the most daunting task is to decide the concerned Commissionerate and the officer who would deal with the matter at hand. In the absence of clarity of procedure and non development of standardised procedure, chaotic situation holds sway leading to movement of important documents from one table to another. As a result, most of the times, important documents, viz. SCNs & letters received from other Sections/ various investigating agencies, Notices/Orders of Settlement Commission etc. get misplaced or timely and effective action cannot be taken in matters requiring urgent action. Hence, the need of the hour is to evolve some workable standard procedure before the situation get out of control. PROPOSED STANDARD OPERATING PROCEDURE CREATATION OF CENTRALIZED ADJUDICATIONCELL(CAC): It is proposed to do away with earlier distinction of Adjn. Cell for Exports and Imports which are presently looking 2/5

3 after the adjudication work pertaining to different Commissionerates and to create a Centralized Adjudication cell for the whole Zone which will be located at one place. It will consist of a Centralized Adjudication Admin. and one subsection for each ofthe Commissionerates. Centralized Adjudication Admin(CAA): The Centralized Admin will carry out the following functions: As a Centralized Receipt Section, it will receive all correspondence related to cases in Settlement Commission/Show Cause Notices to be adjudged/ General Correspondence etc. pertaining to all the Commissionerates of the Zone and maintain the records in Registers as well as soft copy form. All the correspondence pertaining to adjudication matters will be marked to CAA which will decide as to which Commissionerate the matters pertains to and accordingly forward the same to the Sub-section of the respective Commissionerate. It will also maintain records of such movement of letters and other documents etc. It will receive soft copies of the SCNs from investigating Agencies and maintain a Central data base of these SCNs. It will maintain the common S/10 register for all the Commissionerates of the Zone. A new practice of allotting centralized Order-in-Original No. will be started. The CAA will maintain three different centralized O-in-O registers, one for OIO of Commissioner s competency, one for OIO of ADC/JC competency and one for OIO of AC/DC competency. All the Groups will also be required to take OIO nos. from CAAwhich will give the Centralized O-in-O Nos. and keep their records. It will be compile MTR for the Zone on the basis of reports from the Sub-sections of the Commissionerates and would be responsible for sending MTR in time. It will maintain Central data base of SCNs received, Adjudication Orders passed and the Call Book Cases. Responsibilities: a) Asstt./Dy. Commissioner: The Asstt./Dy. Commissioner of Customs posted to CAC will be responsible for general administration and allocation of work among the staff posted in CAA. He will oversee the work of CAA and also ensure uniformity of processes being adopted. He will ensure that the MTR and other statements are sent in time. b) Supdt./Appraising Officers: The Supdt/ A.O will be responsible for ensuring that the required records are maintained in hard copy as well as soft copy form. He will ensure forwarding of the correspondence/scns etc. to the concerned sub-sections or other Units. He will supervise the preparation of MTR and other statements.. c) POs/Eos: The Pos/Eos will assist Supdt/AOs in the work entrusted to them. They will co-ordinate with TAs/EAs to maintain centralized data base. d) TAs/EAs: The TAs/EAs will receive/dispatch all correspondence, maintain centralized records in hard copy as well as soft copy, maintain S/10 register, allot centralized OIO no. and prepare MTR and other statements. Sub-Sections for the individual Commissionerates: Each of the Commissionerate will have its own subsection for Adjudication which will be called Adjn(Gen), Adjn (NS.I) to Adjn(NS.V). The sub-sections will carry out the following functions: Each sub-section will function as an independent unit for the respective Commissionerate. Each of the sub-sections will receive all correspondence related to cases in Settlement Commission/Show Cause Notices to be adjudged/ General Correspondence etc. pertaining to their Commissionerates from the Centralized Admin., maintain respective data in this regard and attend to work as per pre-decided arrangement of internal 3/5

4 allocation of work. The individual officers will prepare the draft orders as per internal work allocation and get them issued after being finalized by the Adjudicating Officers. Before issuing an order, all the sub-sections will be required to take a Centralized O-in-O no. from CAA and also give the copy of the orders to CAA for record. Responsibilities: a) Asstt./Dy. Commissioner: The Asstt./Dy. Commissioner of Customs posted to sub-sections will be responsible for general administration and allocation of work among the staff posted in respective sub-section. He will oversee the work of all the officers and also ensure uniformity of processes being adopted by officers posted in sub-sections. b) Supdt./Appraising Officers: One Supdt/AO will be responsible for administration work of that sub-section in addition to the preparation of draft OIO. He will ensure that the MTR and other statements are sent in time. The Supdts/AOs will prepare draft orders of ADC/Commissioner s competency as per work allocation decided by AC/DC. c) POs/Eos: The Pos/Eos will assist Supdt/AOs in the work entrusted to them. d) TAs/EAs: The TAs/EAs will receive/dispatch all correspondence, maintain records in hard copy as well as soft copy, carry out typing work, prepare MTR and other statements. ANNEXURE-B FLOW CHART OF THE WORKING OF CENTRALIZED ADJUDICATION CELL 4/5

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6 jawaharcustoms.gov.in estt office order no pe jnch स म श क आय (V)क क य लय, स म श क म बई ज न II OFFICE OF THE COMMISSIONER OF CUSTOMS (V), MUMBAI CUSTOMS ZONE II, जव हरल ल न ह स म श क भवन, ह व श व, त ल क : उरण, जल : र यगड, मह र JAWAHAR LAL NEHRU CUSTOM HOUSE, NHAVA- SHEVA, TAL-URAN, DIST.-RAIGAD, MAHARASHTR F.No.S/10-Misc-29/ Adj (X) NS-IV Date: OFFICE ORDER NO. 17/2016 P&E (JNCH) Sub: Constitution of Centralised Legal Cell in JNCH, Mumbai Zone-II reg. A Centralised Legal Cell is being constituted in JNCH, Mumbai Customs Zone-II under the administrative control of Commissioner of Customs, (NS V) and headed by Additional / Joint Commissioner of Customs, NS-V. 2. Centralised Legal Cell shall comprise of all officers posted in Legal & TCU Cell of all Customs Commissinerates at Nhava-Sheva i.e. NS-G, NS-I, NS-II, NS-III, Ns-IV and NS-V. The proposed strength of Central Legal Cell is as under. Sr.No. Designation Nos. 1 ADC/JC 1 2 DC/AC 3 3 Appraiser 6 4 Supdt. 6 5 Preventive Officer 5/td> 6 STA/TA/LDC 7 3. In case of transfer of any of the officers, the incoming officers posted in above sections will automatically replace the outgoing officers in Centralised Legal Cell. 4. The Centralised Legal Cell will start functioning w.e.f The working of the Centralised Legal Cell at JNCH will be as per Standard Operating Procedure (SOP) attached to this order. (Annexure A) 6. Addl. Commissioner (PG) is directed to provide necessary space for the Centralised Legal Cell and logistical/equipment support, if any. Addl. Commissioner (EDI) is directed to ensure necessary equipment support to the Centralised Legal Cell. 7. The roles and functions of officers and staff are briefly outlined as are annexure A to this order. The Standard Operating Procedure of work flow is also attached as Annexure-B. 8. Further commissionerate-wise allocation of work will be done by Additional/Joint Commissioner in-charge of 1/5

7 Centralised Legal Cell. 9. ADC(PG), ADC(P&E) and ADC(AM-Exp. & AM-Imp) are directed to adhere to the staff deployment as enumerated in para 2 of the order while issuing transfer / posting orders. 10. This isssues with the approval of Chief Commissioner of Customs, Mumbai Zone-II. Sd/- (SUBHASH AGARWAL) COMMISSIONER OF CUSTOMS NS-V JNCH, NHAVA SHEVA Copy to: 1) Pr. Commissioner / Commissioner of Customs, (Gen/Appeals/NS I/II/III/IV/V). 2) All Addl. / Jt. Commissioner of Customs JNCH. 3) All Dy./Asstt. Commission of Customs, JNCH 4) All Sections in JNCH, Mumbai Zone-II. 5) Office Copy. ANNEXURE-A STANDARD OPERATING PROCEDURE (SOP) FOR WORKING OF LEGAL CELL AT JNCH. Presently, the Legal Cell monitors the Deptt. Cases going on in High Court and Supreme Court and other subordinate Courts. Further, the TCU monitors and co-ordinates the cases in various Appellate Tribunals except Settlement Commission. It is proposed to merge Prosecution Cell and Tribunal Co-ordination Unit (TCU) with Legal Cell and create a Centralized Legal Cell for the whole Zone which will look after all the legal matters pertaining to the Zone irrespective of the Courts/ Tribunals. In addition, it will also look after review of cases decided by Commissioner (Appeal). However, the Review Cell will look after review of only OIO passed by various Adjudicating Authorities. The Centralized Legal Cell will carry out the following functions: PROPOSED STANDARD OPERATING PROCEDURE CREATATION OF CENTRALIZED LEGALCELL(CLC): It is proposed to create a Centralized Legal cell for the whole Zone which will be located at one place. It will consist of a Centralized Legal Admin. and one sub-section for each of the Commissionerates. Centralized Legal Admin(CLA): The Centralized Admin will carry out the following functions: As a Centralized Receipt Section, it will receive all correspondence related to legal matters pertaining to the Zone viz. Court Orders/CESTAT Orders, OIAs etc. It will maintain centralized record of such receipt and onward movement to different sub-sections of each of the Commissionerates. All the correspondence pertaining to legal matters will be marked to CLA which will decide as to which Commissionerate the matters pertains to and accordingly forward the same to the Sub-section of the respective Commissionerate. It will also maintain records of such movement of letters and other documents etc. It will ensure that required reply/affidavits etc. are filed in time by the concerned Commissionerates. It will compile MTR for the Zone on the basis of reports from the Sub-sections of the Commissionerates and would be responsible for sending MTR in time. It will maintain Central data base of the CESTAT orders/ Court Orders/OIAs etc. received earlier. Responsibilities: 2/5

8 a) Asstt./Dy. Commissioner: The Asstt./Dy. Commissioner of Customs posted to CLA will be responsible for general administration and allocation of work among the staff posted in CLA. He will oversee the work of CLA and also ensure uniformity of processes being adopted. He will ensure that the MTR and other statements are sent in time. b) Supdt./Appraising Officers:The Supdt/ A.O will be responsible for ensuring that the required records are maintained in hard copy as well as soft copy form. He will ensure forwarding of the correspondence/court/tribunal orders etc. to the concerned sub-sections or other Units. He will supervise the preparation of MTR and other statements. c) POs/Eos: The Pos/Eos will assist Supdt/AOs in the work entrusted to them. They will co-ordinate with TAs/EAs to maintain centralized data base. d) TAs/EAs: The TAs/EAs will receive/dispatch all correspondence, maintain centralized records in hard copy as well as soft copy, prepare MTR and other statements. Sub-Sections for the individual Commissionerates: Each of the Commissionerate will have its own subsection for Legal matters which will be called Legal(Gen), Legal (NS.I) to Legal(NS.V). The sub-sections will carry out the following functions: Each sub-section will function as an independent unit for the respective Commissionerate. The officers posted in sub-sections will put up orders/other matters to respective Commissioners through their respective DC/ADC and after disposal will inform CLA to update Centralized data base. Each of the sub-sections will receive all correspondence/orders related to cases pertaining to their Commissionerates from the Centralized Legal Admin., maintain respective data in this regard and attend to work as per pre-decided arrangement of internal allocation of work. Each of the sub-sections will supervise and monitor the contesting of the cases in various courts of law and liaise with Panel Counsels, Courts, and Tribunals. Each of the sub-sections will process cases for sanction of prosecution and filing of prosecution in co-ordination with Seizing Units. They will assign court cases to different Panel Counsels keeping in view the nature and importance of the cases. They will monitor the performance of the panel lawyers and rendering advice on formation of new panels. They will check the daily/weekly Cause-list of the Courts/Tribunals and intimate the concerned Seizing Units or Sections to take action in this regard. They will file Review Petition, W.P, SLP etc in consultation with Panel Counsels and Seizing Units/ Sections etc. They will co-ordinate with Panel Counsels for taking advice in the matter of preferring of appeals in superior courts and in the matter of taking recourse to other legal remedies. They will procure certified copies of Judgements/ Tribunal orders and forward immediately to concerned Sections. They will process various Fee Bills of advocates and ensure timely payment to them. They will assist the other Sections in preparation of reply to legal notices received. Responsibilities: a) Asstt./Dy. Commissioner: The Asstt./Dy. Commissioner of Customs posted to sub-sections will be responsible for general administration of the respective sub-section. He will oversee the work of all the officers and also ensure 3/5

9 uniformity of processes being adopted by officers posted in sub-sections. b) Supdt./AOs: One Supdt/AO will be posted for each of the Commissionerate who will be responsible for supervision and monitoring of the cases being contested in respective courts of law and liaise with Panel Counsels, Courts, and Tribunals, look after matters pertaining to Review of Commissioner (Appeal) cases. The Supdts/AOs will ensure filing of Review Petition, W.P, SLP etc in consultation with Panel Counsels and Seizing Units/ Sections etc. c) POs/EOs: The POs/EOs will assist Supdt/AOs in the work entrusted to them. They will attend respective Courts/Tribunals and check the daily/weekly Cause-list of the Courts/Tribunals and intimate the concerned Seizing Units or Sections to take action in this regard. They will procure certified copies of Judgements/ Tribunal orders and forward immediately to concerned Sections. d) TAs/EAs: The TAs/EAs will receive/dispatch all correspondence, maintain records in hard copy as well as soft copy, carry out typing work, prepare MTR and other statements. ANNEXURE-B FLOW CHART OF THE WORKING OF CENTRALIZED LEGAL CELL 4/5

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