Information under Section 4(1)(b) of RTI Act,2005

F.No. D-22011/25/2013 Last updated on :25/10/2017
Information under Section,4. (1) (b) of RTI Act,2005
(i) The particulars related to  organization, functions and duties: 
 
The Directorate General of Safeguards under the Central Board of Excise & Customs, Department of Revenue,  Ministry of Finance. has been created to investigate the existence of ‘serious injury’/‘market disruption’ or ‘threat of serious injury’/“threat of market disruption”  to the domestic industry as a result of increased imports of an article in to India  and to submit findings to the Central Government along with recommendations regarding the amount and duration of safeguard duty adequate to remove the injury /market disruption or threat of injury/ threat of market disruption to the domestic industry. The domestic law for the purpose has been enacted under Section 8B and Section 8C of the Customs Tariff Act, 1975. The Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997 , Customs Tariff (Transitional Products Specific Safeguard Duty) Rules, 2002 and the India-Singapore Trade Agreement (Safeguard Measure) Rules,2009,India-ASEAN Trade in Goods Agreement (Safeguard Measures) Rules,2016,India-Japan Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017,India-Korea Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017 govern the procedural aspect.
 
(ii) Powers & duties of the officers and employees:
 
Director General (Safeguards) is the Head of the Organization having all India jurisdiction and  is the proper officer empowered and appointed under Safeguard Rules  by the Central Government (1) to investigate the existence of “serious injury” “market disruption”/ “threat of serious injury” “threat of market disruption to domestic industry as consequence of increased import of an article into India (2) to identify the article liable for Safeguard duty (3) to submit the findings provisional or otherwise to the Central Government as to the “serious injury” “market disruption”/ “threat of serious injury” “threat of market disruption to domestic industry consequent upon increased import of an article from the specified country/countries; and (4) to recommend (a) the amount of duty which if levied would be adequate to remove the injury/ market disruption or threat of injury/ threat of market disruption to the domestic industry; (b) the duration of levy of safeguard duty under section 8B or 8C of the Custom Tariff Act, 1975 and (5) to review the need for continuance of safeguard duty.
No specific power under Safeguard Rules has been given to the other officers  posted in this Directorate General. Additional. Commissioner, Dy./asstt.Commissioner  assists the Director General in Safeguard investigations and supervises work of staff posted in this Directorate. Superintendents, Inspectors and other ’ staff carry out the work pertaining to their respective sections as well as any work assigned to them by their superiors from time to time.
 
(iii) The procedure followed in the decision making process, including channels of supervision and accountability 
 
The procedure to be followed regarding safeguard matters have been provided under the Customs Tariff (identification and assessment of Safeguard Duty) Rules, 1997 and Customs Tariff (Transitional Products Specific Safeguard Duty) Rules 2002 and the India-Singapore Trade Agreement (Safeguard Measure) Rules,2009 according to which Director General of Safeguards can initiate safeguard investigation on an application filed by the domestic industries or on the suo-motto with the information received from any Commissioner of Customs or any other source that sufficient evidence exist, give notice of initiation to all interested parties to file their response, hold public hearing and formulate his findings and recommend for imposition of Safeguard duty or not to the Central Government of India. The hierarchy of the organization is as follows:
Director General - Commissioner-Additional Commissioner – Dy/Asstt. Commissionerr – Superintendent - Inspector.
With regard to matter related to safeguard investigations, the safeguard application/issues are initially processed by Inspector/ Superintendent  and put up to the Director General. for perusal/ approval/decision  and further directions through Dy./Asstt. Commissioner,  Additioal Commissioner and Commissioner.
 
With regard to Administrative matters proposals/action to be taken are processed at the  Administration section level and put up to Dy/Asstt. Commissionerr – Additional Commissioner -Commissioner and finally approved by Director General.
 
(iv) The norms set by it for the discharge of its functions:
The norms for the discharge of the function of safeguard investigations are contained in the Customs Tariff (identification and assessment of Safeguard Duty) Rules, 1997, Customs Tariff (Transitional Products Specific Safeguard Duty) Rules 2002, the India-Singapore Trade Agreement (Safeguard Measure) Rules,2009 and the Trade Notice  issued under the authority of these  Rules.
 
(v) Rules, regulations, instructions, manuals & records held by it or under its control for being used by the employees for discharging its functions:
The following are the rules, regulations, instructions primarily used by the Officers of this Directorate for discharging their assigned    functions:
(A) Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997 framed under Section 8B  of the Customs Tariff Act,1975.  Click Here
 
(B) Customs Tariff (Transitional Products Specific Safeguard Duty) Rules, 2002 framed under Section 8C  of the Customs Tariff Act,1975(Now not in existence since Dec.2013) Click Here
 
(C) The India-Singapore Trade Agreement (Safeguard Measure) Rules,2009 Click Here
 
(D) Trade Notices on Safeguard Applications  Issued by Director General. Click Here
 
(E)  Trade Notices on confidentiality  Issued by Director General. Click Here
 
(F) India-ASEAN Trade in Goods Agreement (Safeguard Measures) Rules,2016.Click Here
 
(G) Notification with regard to Developing Nations.Click Here
 
(H) India-Japan Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017. Click Here
 
(I) India-Korea Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017.Click Here
 
(vi) A statement of the categories of documents that are held by it or under its control 
(1) Application of domestic industry, (2) Notice of initiation and responses received from various interested parties in the said context (3) Notice of Public hearing and written submission made during or subsequent to public hearing. (4) Findings and recommendations of Director General Safeguards. Certain confidential proprietary documents are also filed by the interested parties before Director General Safeguards, which cannot be made public. However its non-confidential version is made available to all interested parties. (5) A public file mandatorily maintained by Director General’s office containing all documents pertaining to an investigation except confidential proprietary information is accessible to all interested parties. The Notice of initiation and findings/recommendations of the Director General are duly published and notified in Government of India Gazette, which are available to the public. Additionally all the details of such documents etc. are also made available on the web site of the Directorate General of Safeguards.(6) Service particulars of officers & Staff. (7) Trade Notices on Safeguard Applications Issued by Director General.
 
(vii) The particulars of any arrangement that exists for consultation with, or representation by the members of the public in relation to the formulation of its policy or implementation thereof 
A public hearing is mandatorily held in all safeguard investigations.
 
(viii)  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 advise, 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 
There is a Standing Board on Safeguards constituted by Government of India under Ministry of Commerce comprising of the Secretaries viz. Commerce Secretary(Chairperson),Secretary (Revenue),Secretary (Industrial Policy and Promotions)/(Agriculture and Co-operation), Secretary(ER), Ministry of External Affairs and Secretary of the Concerned Department dealing with the product for which Safeguard Duty protection has been sought to consider the recommendations of Director General of Safeguard. The proceedings of the Standing Board of Safeguard are not open to the public.
 
(ix) Directory of its offices and employees
 
(x) Monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations
 
(xi) Budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made
 
(xii) The manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes 
Not applicable.
 
(xiii) Particulars of recipients of concessions, permits or authorizations granted by it   
Not applicable.
 
(xiv) Details in respect of the information, available to or held by it reduced in an electronic form
 
The following information available in electronic form:-
(A)  Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997.
(B)  Customs Tariff (Transitional Products Specific Safeguard Duty) Rules 2002.
(C) The India-Singapore Trade Agreement (Safeguard Measure) Rules,2009
(D)  Notice of Initiation issued by the Director General
(E )  Provisional/Final Findings issued by the Director General
(F)   Current applicable Safeguard Duty notifications.
(G)   Trade Notices on Safeguard Applications Issued by Director General
(H)  The Directory of the officers
 
(xv)  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.
The Library of the Directorate is meant for use of the employees of the Government and not opens for general public.
 
(xvi) Names, designations and other particulars of the Public Information Officers :
(A) NAME OF THE OFFICERS DESIGNATED AS CENTRAL PUBLIC INFORMATION OFFICER (CPIO) :
Shri Krishna Mohan, Asstt. Commissioner has been designated as CPIO under Section 5(2) of RTI Act, 2005. He can be contacted on his telephone No.23363212.
(B) NAME OF THE OFFICER DESIGNATED AS APPELLATE AUTHORITY: 
Mr. Anwar Ali, Joint. Commissioner has been designated as the Appellate Authority for information pertaining to the Directorate General of Safeguards and her Phone No.is 23741536.
(C) NAME OF THE OFFICER DESIGNATED AS TRANSPARENCY OFFICER: : 
Mr. Anwar Ali T.P, Join.Commissioner has been designated as the Transparency Officer for the Directorate General of Safeguards and her Phone No.is 23741536.
It is hereby informed that Fee of Rs.10/- for seeking information from this Directorate under RTI Act,2005 is to be paid by way of Demand draft, Bankers Cheque or Indian postal order payable to Pay and Accounts officer, Directorate General of Safeguards, New Delhi.
 
(xvii) Such other information as may be prescribed -
NIL