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DIRECTORATE OF LEGAL AFFAIRS

Central board of excise & customs
4th floor, rajendra bhawan, 210, deen dayal upadhyay marg, 

New Delhi - 110 002

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

The Directorate of Legal Affairs (DLA) was set up vide Ministry's circular F. No. A-11019/31/2001-Ad.IV dated the 27th June 2002 with its headquarters at New Delhi under the supervisory control of a Commissioner rank officer. the functions of the Directorate have been enumerated in the said circular and are summarized as under:

(i)     The Directorate shall be the nodal agency to monitor the legal and judicial work of CBIC and its field formations;

(ii)    The Directorate will work in close co-ordination with CBIC, CDR's office, Law Ministry, Directorate of Systems, Chief Commissioners, Central Agency Section of the Supreme Court of India, Senior Law officers, Government Counsels, etc.

(iii)   It will also maintain and monitor the database on the cases decided by or pending with the CEGAT, CAT, High courts and the Supreme Court;

(iv)   To intimate the field formations about important decisions of the Supreme Court and High courts which are accepted by the Department in consultations with the various nodal Ministries;

(v)     The Directorate shall recommend and maintain panels of standing Counsels/Panel Counsels for various High Courts and also keep an approved panel of eminent lawyers well versed with the customs and Central Excise Laws and other administrative matters who may be engaged by the Department for handling important cases.

(ii)       The powers and duties of officers and employees:

Powers to the officers as available under the Central Excise Act, Customs Act and Service Tax Act are available to the officers of the Directorate of Legal Affairs. With respect to the duties, the various functions as enumerated as S. No. (I) above are required to be carried out by the officers of the Directorate by keeping close co-ordination with CBIC, Law Ministry, Directorate of Systems, Chief Commissioners, Central Agency Section of the Supreme Court of India, Senior Law officers, Government Counsels in High Courts and Central Administrative Tribunal CDR's office, CESTAT. Registry, field formations etc. The officers of the Directorate are also monitoring the cases pending in Supreme Court, High Courts, CESTAT and CAT. The Directorate is also maintaining and monitoring the database of the cases decided by or pending with the Supreme Court; High Courts, CESTAT and CAT.

(iii)      The procedure followed in the decision making process, including channels of supervision and accountability

The procedure followed in the decision making process is as under:

Commissioner-Additional/Joint Commissioner-Deputy/Assistant Commissioner-Superintendent-Inspector.

With regard to the Administrative matter-proposals are processed at the section level and put up to the Deputy/Assistant Commissioner-Additional/Joint Commissioner and finally approved by the Commissioner.

With regard to the functions other than the Administrative matter-proposals are processed at the Inspector/Superintendent level and put up to the Deputy/Assistant Commissioner-Additional/Joint Commissioner and finally approved by the Commissioner.

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

The Directorate of Legal Affairs is the nodal agency to monitor the legal and judicial work of CBIC and its field formations. Accordingly DLA is required to work in close co-ordination with the Legal & Judicial Sections of CBIC. The Directorate is checking the cases likely to be listed before the Supreme Court on daily and weekly basis and taking follow up action accordingly.

DLA is also maintaining and monitoring the legal and judicial database for CBIC on the cases pertaining to CESTAT, CAT; High Courts and the Supreme Court.

The Directorate has also been entrusted with the work relating to compilation of various monthly and quarterly reports relating to the cases pending in various Courts and tribunals on behalf of CBIC.

In view of the nature of work undertaken by the Directorate of Legal Affairs, the norms are fixed in such a way so as to reduce the number of cases pending before various appellate fora by proper liaisoning with the Board's office, counsels and field formations. Similarly, other main objective is to collect and maintain the authentic database of all the cases for proper monitoring.

(v)        The rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions:

Central Excise Act, Customs Act, Service Tax Act and various other related and allied Acts, Foreign Trade Policy, Rules and Regulations, instructions issued from time to time by CBIC, etc., are used by the officers and staff of the Directorate of Legal Affairs.

(vi)      Statement of the categories of documents that are held by it or under its control

(iii)     Day to day administration related files for running the Directorate;

(iv)      Correspondence files related to specific court cases.

It may also be mentioned here that since the Directorate is the nodal agency to monitor the legal and judicial work of CBIC and its field formations, the Directorate handles no document of any public interest.

(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.

Members of the public may visit the office on working days and may submit their representations, suggestions, etc., if any, for consideration.

(viii)    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.

No Boards, Councils, Committees etc., have been formed in this Directorate.

(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)     Manner of execution of subsidy programmers, 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:

Computerized database of the cases pending before Supreme Court is available with the Directorate.

(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

 

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