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Directorate General of Safeguards

Customs & Central Excise
Bhai Vir Singh Sadan, Gole Market, New Delhi -  110 001

 

Section,4. (1) (b) (i) The particulars of its organization, functions and duties:

The Directorate General of Safeguards under the Ministry of Finance. Department of Revenue has been created to conduct investigations for imposition of Safeguard Duty Specific Safeguard Duty as specified under Section 8B & 8C of the Customs Tariff Act, 1975 and the rules made there under the make recommendations for the same vide the findings of Directorate General to Government of India.

(ii)       Powers & duties of the officers and employees:

Director General of Safeguards is the proper officer empowered and appointed 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. To identify the article liable for Safeguard duty 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 any country; and 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 which if levied would be adequate to remove the injury to the domestic industry; (c) to except such quantity of any article when imported from any country or territory into India, from payment of the whole or part of the safeguard duty leviable thereon, and to review the need for continuance of safeguard duty.

(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 Rule 4 to 7 of the Customs Tariff (identification and assessment of Safeguard Duty) Rules, 1997 and Customs Tariff (Transitional Products Specific Safeguard Duty) Rules 2002, according to which Director General of Safeguards can initiate safeguard investigation on an application filed by the domestic industries or on the suo-motto information of the Commissioner of Customs, give notice of initiation to all interested parties to file their response, hold public hearing and formulate his findings and recommend the imposition of Safeguard duty or not to Government of India. Safeguard Duty Rules and China Specific Rules have been framed under Section 8B & 8C of the Customs Tariff Act, 1975.

(iv)      The norms set by it for the discharge of its functions:

Findings and the recommendations of Director General of Safeguards are to be made within 240 days of mitigation by the Directorate General of Safeguards.

(v)        Rules, regulations, instructions, manuals & records held by it or under its control for being used by the employees for discharging its functions:

Safeguard Rules have been framed under Section 8B and 8C of the Customs Tariff Act, called as Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997 and Customs Tariff (Transitional Products Specific Safeguard Duty) Rules, 2002.

(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.

(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 Safeguard Duty constituted by Government of India comprising of the following Secretaries viz. Secreatry (Commerce) (Revenue) (Industrial Policy and Promotions)/(Agriculture and Co-operation)/(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

 

This information has been notified by the Directorate separately.

 

(x) Monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations

 

This information has been notified by the Directorate separately.

 

(xi) Budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made

This information has been notified by the Directorate separately.

(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

            Details of information about Directorate General of Safeguards are available at web-site namely:

http://dgsafeguards.gov.in/index.asp

(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.

This information has been notified by the Directorate separately.

(xvi) Names, designations and other particulars of the Public Information Officers :

 

Please see the list of CPIOs provided separately at www.cbec.gov.in/info-act/aa-cpio/aa-cpio-idx

 

(xvii) Such other information as may be prescribed -

 

NIL