CUSTOMS PREVENTIVE MANUAL (CENTRAL)

VOLUME I (GENERAL)

CHAPTER - TWO
THE

PREVENTIVE

DEPARTMENT

PRELIMINARY
In the earlier days, the trans-border trade was less diversified and fairly
limited in terms of amplitude, media and destinations. The items of trade were
few and the governing laws for the same were simple. Violations of the
regulations in force were few and far between. The job of collection of admissible
dues for the foreign trade was entrusted to the Revenue Officers who were also
responsible for enforcing the existing statutes and for taking procedural actions in
the cases of violations thereof.

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Over the passage of time, however, the foreign trade developed into a
multitudinal activity assimilating various aspects of national and international
importance. This necessitated the formulation of new trade policies and laws on
the part of the State as well as the International trading fraternity. With this came
the new aspects of tax management and it's violations. So, it became necessary
to expand the functional network for collection of revenue and enforcement of
laws. New departments were established to administer the same. Further,
aggrandisement of foreign trade posed operational difficulties for the staff which
were assigned multi-functional responsibilities.

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It, thus, became inevitable to bifurcate the Customs manpower machinery

into two wings for the two main streams of activity. One wing has been entrusted
the job of collection of revenue while the other has been assigned the task of
enforcement of the statute related thereto. Thus the Appraising and Preventive
Departments came into existence.
Every country has formulated its own Customs and Excise Laws to protect
its national economy, natural resources, culture and environment. This entails
putting ban, restriction and prohibition on the import / export of certain items. In
addition to this, extensive and continuous vigil is also required to be maintained
along the international land, sea and air frontiers of the country.
Banned, restricted or prohibited goods attract lucrative premiums. The
premiums entice unscrupulous businessmen, traders, merchants, tourists and
other category of travellers to clandestinely bring into or take out of country, such
goods. Individuals, organised groups or international gangs can indulge in this
activity, known as smuggling. Tracking and immobilising such offenders is one of
the primary tasks of Customs Department in general and of Preventive
Department in particular.

(A) SET-UP OF THE PREVENTIVE DEPARTMENT

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As described in earlier chapter, the founding blocks of the Preventive
Department consist of the Superintendents, Preventive Officers, the Group 'D'
staff, staff car Drivers, the Boat Staff and the Communication Staff.
Recruitment to the Group 'D' cadre is either directly through Employment
Exchange and Sports quota etc. or by promotion from the menial staff of Loaders
and Hamals etc., as per the existing recruitment policy.
Similarly, the recruitment to the cadre of Preventive Officers is through the
Staff Selection Commission as well as by promotion from the ministerial staff
such as Tax Assistants, U D Cs and Stenos, as per the rules framed in this
regard.

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UNIFORMS & ACCOUTREMENTS

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Recruitment at the level of Superintendent, however, is done entirely by

promotions from the cadre of Preventive Officers. The next promotional avenue
for the Superintendents cadre is the post of Assistant Commissioner. The Group
A officers of the level of Assistant Commissioners and above have a common
cadre of Indian Customs & Excise Services.

The Preventive Service, owing to the nature of its job, is a distinctive and
disciplined service like the Police, the Navy, the Coast Guards and other like
services. Evidently, it has to have its own characteristic Uniform and
accoutrements for the purpose of identity, establishment and enforcement.

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As most of the assignments and operations carried out by the Preventive

department are on or near the sea, its Uniform for Superintendents and
Preventive Officers has been designed on the pattern that of the Navy and on the
pattern that of the Police for the Group 'D' staff.

In order to maintain and encourage a proper sense of discipline and to

ensure proper turn out, all Preventive Staff of and below the rank of Assistant
Commissioner must wear uniform when on duty, both in their offices and on tour.
Where it is considered necessary for an officer to conceal his identity in
connection with any special job, the officer must obtain prior permission of his
controlling officer to be on duty without wearing uniform. Where, however, it may
not be possible due to unforeseen circumstances to obtain prior immediate
superior must be informed immediately and on such occasions the Officer must
carry with him the identity card issued to him. Permission in such cases should
be restricted to specified occasions and general relaxation from wearing uniforms
should not be permitted for any grade of officers without the Boards prior
approval. Officers in Headquarters and Divisional Offices are responsible for
ensuring that their field staff wear prescribed uniforms at all times when on duty.
The Customs Officers employed on Preventive Intelligence work are exempt from

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wearing uniform except on special and ceremonial occasions. They will,
however, continue to get the uniform allowance at the rates normally admissible
to them.
All officers should be trained and encouraged to develop a sense of pride
in their uniform. This is not likely to be facilitated without insistence that articles of
uniform are kept clean: and emphasis must, therefore, be laid on periodical
washing and cleaning of articles of clothing and polishing of foot-wear brass
buckles, buttons, etc.

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The following paragraphs describe the Uniforms and accoutrements for

the Superintendents, Preventive Officers and the Group 'D' staff (Havildars &
Sepoys) of the Preventive Service:

PREVENTIVE OFFICERS (MEN)

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Summer Uniform
The summer uniform of Preventive Officers shall consist of shirt with
epaulettes, brooch and name plate; trousers with belt or buckles; peak cap,
shoes and socks.
Shirt:

The shirt of the uniform shall be of spotless white colour stitched in half
sleeves in the following manner: Bond Terex collar, pocket with flap (two
curves pointed in the middle) and plated middle flap and white buttons, loops or
eyelets for fixing epaulettes.

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The material should be preferably the same as that of the trousers.

Preferred material- suiting.

Trousers:
Trousers shall be of spotless white colour stitched in loose parallels. The
lower end should cover the eyelets of shoes white standing in attention. A white
belt shall be used. If not, side buckles should be used. Belt, however, is
preferable.
Shorts stitched in admiralty style could also be used; existing upto 2 inch
above the knee. White stockings should be used along with shorts.
Cap:
Peak caps in white, with IC crest are to be used. This white top should be
a perfect circle and its rim should not be bent. Sikh Officers are allowed to wear
white turbans with IC crest affixed thereon.
Epaulettes:

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The epaulettes prescribed for Preventive Officers is 2 stripes in golden
braid of inch thickness along with golden Ashoka Pillar in the middle and a
golden brass half-ball button with Ashoka emblem at the pointed end on a black
background. The words Customs shall be inscribed in golden braid at the broad
end. The Preventive Officers who have completed 10 years of continuous service
in the grade shall wear 3 stripes on the epaulettes. [Note for deployments at
the International Airports, the background of epaulettes shall be blue]
Badge
A golden badge carrying an Ashoka emblem and words CUSTOMS
immediately below it shall be worn on the shirt above the left pocket.

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Socks:
Socks spot less white in colour, made of cotton, nylon or wool may be
used.

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Shoes:
Shoes shall be of buckskin, white in colour, made in oxford style. There
shall be at least 5 pairs of eyelets. The shoes are to be cleaned with a wet
sponge and Zinc Oxide paste is to be applied with a sponge onto them. No other
polish is to be used. The sides of the sole shall be polished with dark tan or
burgundy shoe polish.

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Black shoes are not a part of the summer uniform. They are permitted to
be used in inclement weather. Each year, the Asstt. / Dy. Commissioner
(Preventive) (General) and the Asstt. / Dy. Commissioner (Airport) shall bring
about a circular notifying the period during which the black shoes may be worn.
In extremely bad conditions, like those in Bunders and at Gates, blue
socks/stockings may be used. This too, is to be notified, stating clearly the dress
code change, the place of work and the period.

Winter uniform
The winter uniform consists of a 2 piece suit to be worn with a peak cap
and black shoes with blue socks.
The suit should be of Navy Blue colour made of woollen/Terry wool
suiting. The coat should be double breasted with golden buttons. The stripes
shall be on the sleeves and the Ashoka Pillar on the lapel.
A white coloured full sleeve shirt is to be worn with a Navy Blue tie under
the coat.

PREVENTIVE OFFICERS (WOMEN)

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Though lady officers are supposed to wear the same uniform as men, they
may wear saris or dresses in white, with provision to wear epaulettes, cap, name
plate and the badge. In all variations of uniform, wearing of prescribed socks and
shoes is a must.
PREVENTIVE SUPERINTENDENTS
The uniform for the Preventive Superintendent is identical to that of
Preventive Officer except that the number of stripes on the epaulettes shall be
four and the colour of the badge shall be silver white.
HAVILDARS & SEPOYS (MEN)
Summer uniform

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Trousers: Khaki Terrene cotton trouser stitched in parallels with two crossed
side pockets.
Khaki Terrene cotton half sleeve shirt, with collar, shoulder flaps
and two pockets secured with flaps.
Blue woollen forage cap with triangular red bands on the sides &
two brass half-ball buttons in centre front with Ashoka emblem
embossed on them. Sikh officers may wear khaki turbans with the
same attachments.
Black leather shoes of flat/heal sole, with provision of five

Cap:

Shoes:
eyelets.
Socks:

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Shirt:

Brown nylon/woollen socks.

Accoutrements

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Belt: Brown leather waist-belt fastening with an oblong brass plate buckles
bearing name of the Custom House and Sepoys roll no., worn with trousers.
Shoulder Badge: A metal shoulder badge carrying words Indian Customs worn
on both the shoulders.
Lanyard and whistle Nylon lanyard (cord) with a whistle, worn around the left
shoulder.
Name Plate White letter inscription on a inch strip of black background worn
above right shirt pocket.
Chevron As an identification badge, the havaldars in the Customs Department
shall wear four stripe chevron (V) in red cloth stitched on the right hand sleeve of
the Shirts & Tunics (jersey). The chevrons will shall be made of straps of red
cloth or red cotton ribbon inch wide, being 2 inches long forming an angle of
1200 . The point of the (V) should reach 8 9 inches below the seam at the
shoulders.

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HAVILDARS & SEPOYS (WOMEN)
Summer Uniform
The uniform and accoutrements shall be same as for men except with the
following changes
1) In the place of khaki trousers/shirts, lady officer may wear i) Khaki sari with
khaki full sleeve plain blouse and black ladys shoes, or ii) khaki salwar khaki
kameez and khaki dupatta.
2) Instead of belt with buckle, the lady officer shall wear on left chest, badge
bearing name of the Custom House and her roll no.
3) They shall not wear lanyard (cord) for whistle.

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Appearance and Conduct when in Uniform

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Winter Uniform Will be the same as described above except that the material
used for uniform shall be woollen. In addition, male officers may wear khaki full
sleeve jersey (army type) with full sleeve shirt and lady officer may wear khaki full
sleeve pullover (ladys pattern).

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In the case of male officers, the face shall be clean shaven or

moustached. Beards can be kept with due permission. Crew cut is prescribed
hair style, and long hair should not be seen outside the cap; as also side
whiskers.
Nails should be cut short, and one should not wear more than one ring on
each hand. Sikh officers are allowed to wear a metallic bangle.

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Officers entitled to wear medals or medal ribbons shall wear only the
ribbons of inch above the flap of the left pocket of the shirt.

It is the duty of every officer to ensure that uniforms are not only worn on
duty but also worn correctly. Class IV employees particularly should be instructed
in wearing uniforms correctly.
Head Quarters and Divisional Officers are responsible to instruct their
(a)
subordinates in correct deportment when in uniform.
(b)
Habits like chewing of pan and lounging around and talking to ones
colleagues or superior with ones hands in the pockets, go ill with uniforms
and all officers should be taught to develop a proper sense of smartness
when in uniform.
Salutation
Every officer must invariably pay compliments due to rank, especially
when he is in uniform. Thus every officer must salute every other officer of a
higher rank when he meets him whether he is his own superior officer or belongs
to any other formation. It must be appreciated that the system of saluting a
superior officer in uniform is not a barbaric custom but is as important for proper

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maintenance of discipline as the numerous formal rules governing the conditions
of service of officers and their conduct and discipline. It is essentially a symbol of
recognition that the person who salutes and the person who is saluted are both
members of a team working together towards a common objective and of the
mutual dependence of one upon the other for success in their common
endeavour. The officer receiving the salute must return all salutes in the proper
manner.

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Saluting by hand is not permitted when the officer who salutes is not
wearing the proper headgear. The correct method of showing respect and
discipline on such occasions is to stand to attention or, if passing the officer to be
saluted, smartly turn the head and eyes towards the officer. The officer receiving
the salute should return all salutes by hand when wearing a headgear. Without
head-gear, the officer receiving the salute should stand to attention. Headquarter
and Divisional officers should ensure that all the subordinates in their charges
are trained in the proper method of saluting and of receiving and acknowledging
salutes.

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The salute is essentially NAVAL. The salute is to be presented to a senior

officer, who holds a higher rank. In uniform, the salute has to have the following
elements:

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Posture: attention (Savdhan)

Procedure:
1. The right hand has to go the shortest way up, parallel to the chest, just
touching the black portion of the cap. The shoulder and the upper arm will
be straight, horizontal and at right angles to the right side of the body.
2. The palm shall be open and held tight, towards the face at an obtuse
angle.
3. The salute is to be offered when the giver in stationary.
4. The hand has to come the shortest way down, back to attention position.
Duration:
The salute normally lasts about 3 to 5 seconds. However, the salute
should last till the senior officer has put down his hand. No greetings are to be
exchanged while saluting.
Saluting while walking:
While walking, salute is to be offered to a senior officer either standing or
coming towards you, in the same way as explained above, and the salute is to be
withdrawn after the officer has passed by or has been passed by.
The cap is to be worn at all times during duty hours, except when the
officer is seated on his own seat, when the cap could be removed and placed on
the table with its crest facing away form him.

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If by any reason, the officer happens to pass by his senior without a cap
but in uniform, he should stand aside and click his heals, and should not salute.
The senior officer could return the salute even if he is without a cap.
While going on a two wheeler, an officer has to salute his senior by
straightening his hands and turning his head towards the senior officer.

DEPLOYMENTS OF THE PREVENTIVE STAFF

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The Preventive staff forms the backbone of the all the anti-smuggling
operations executed by the Commissionerates. Besides this, its services are also
utilised for general duties like guarding of Customs stations, escorting of import /
export goods from one place to another, boarding of vessels, patrolling Customs
areas, clearance of passengers and baggage, supervision of loading / unloading
of export / import goods, supervision of etc.

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Thus the deployment of Preventive staff can broadly be divided into two
categories
a) General duties - where the tasks performed are of Supervisory nature and
for implementation of the Customs Laws,
b) Special duties - where the tasks executed are of Operative nature and for
detection and prevention of violations of Customs Laws - popularly known as
Preventive or Intelligence Duties.

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( a ) General duties
The broad spectrum of areas where the Preventive Staff may be deployed
for performing duties of general nature is briefly outlined below

( i ) Offices in Personnel & Establishment section, Vigilance section,

Maintenance section, Preventive and Group 'D' service sections, sports &
training sections, P R section, outstanding dues recovery section, etc., for
assisting the superiors in maintaining general administration and for carrying out
other tasks in the Commissionerate.
(ii) Docks the docks are enclosed and guarded areas normally utilised as
berthing places of ships / vessels for loading, unloading and storage of export /
import goods. The dock is generally divided into Divisions which are sub-divided
into Sections for the purpose of better supervision and control of Customs work
by the Customs staff. Further, customs Boarding Offices are also situated inside
the docks which monitor the arrival and departure of vessels and ships. Also,
there are some places out of the docks limits which are used for stuffing /
destuffing of the export / import cargo.
Besides this, there are bunders, fish wharves and minor ports, normally
located near and adjacent to the main docks. These stations, not enclosed

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normally, are under general supervision of Customs and cater mainly to the
coastal trade.
Preventive staff is extensively deployed at these Divisions, Sections,
Boarding offices, Docks' entry / exit gates, Bunders, Fish-wharves and Minor
ports, etc., to supervise and execute customs work and to deter any illegal
activity at these places.

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(iii) Airports- major airports and Air Cargo Complexes are other important
formations for the deployment of the Preventive staff. At Air Cargo Complexes,
the main activity being import / export of goods by Air, most of the duties
performed here by the Preventive staff are similar to those executed for import /
export arenas at the sea port. At the Airports, however, the duties assigned to the
Preventive staff are multifunctional.

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The main job of the Preventive staff at Airports is that of clearance of

incoming / outgoing passengers and their baggage. Besides this, clearances of
goods imported / exported by the courier mode, monitoring of the arrival /
departure of Aircrafts and functioning of Airlines' catering units also come under
the purview of the duties of the Preventive staff.

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Another indispensable sphere of duties of Preventive staff at Airport is that

of Air Intelligence Unit wherein the nature of work is similar to that in other
Intelligence Sections, described in later paragraphs.

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(iv) Imports some of the important jobs assigned to the Preventive staff in the
import side are clearance of goods imported / exported by Post, import of oil &
petroleum, monitoring of the cargo containers, unaccompanied baggage, working
in CFSs, EOUs, EPZs, private & public warehouses, etc.
(v) Exports- the tasks assigned to the Preventive staff in the exports are the
supervision of export of goods from various export terminals, documentation
thereof, processing of drawback, etc.
(vi) Investigating Units- the Preventive staff also forms an integral part of
various local investigation units like Special Intelligence & Investigation Branch,
Central Intelligence Unit, Special Task Force, etc., primarily investigating into
violations of various sections of the Customs Act by the trade.
The jurisdiction, functions and duties of the Preventive staff have been
dealt with in detail in the related Chapters of this manual.
(b) Intelligence duties
The assignment of Intelligence duties to the Preventive staff is of primeval
importance. The Preventive Service forms the main mass of the Anti-smuggling
machinery. The principal object of these assignments is detection & prevention of

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smuggling. This entails the tasks of identification and surveillance over sensitive
places, suspected persons and movements of conveyances. Equally vital is
collection of intelligence about unscrupulous operators, vulnerable places,
smuggled commodities, modus operandi adopted by the smugglers and their
associates, disposal outlets for smuggled goods and other relevant aspects of
smuggling activities. Besides this, surprise checks, patrolling of sensitive places
feedback from the trade and similar other measures also are of paramount
importance in gathering information about smugglers and their activities.

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To accomplish these tasks for anti-smuggling operations, the following

Units are usually contrived under the aegis of the Preventive (Intelligence)
Commissionerates:
(i) Administration Units these units co-ordinate among the staff of various
Preventive Units in maintaining general administration, availability of required
manpower and equipment and its management, etc.

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(ii) Surveillance Units these Units are created to keep vigil and surveillance
on the movements of goods, persons and conveyances in and around the places
vulnerable to smuggling activities. These Units may also be deployed to patrol
the sensitive areas and also utilise other methods for collection of Intelligence
about any violations of the laws in force.
(iii) Seizing Units these Units normally carry out searches and seizures of
contraband goods, goods illegally imported or attempted to be exported, and also
execute post-seizure formalities including arrests.

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(iv) Investigation Units these Units are engaged in pre-seizure, post-seizure

or on the spot investigations of the cases initiated under the Customs Act.

(v) Rummaging Units these Units are constituted specially to perform the job
of rummaging the vessels, aircraft and other conveyances to search for the
concealed contraband goods.
(vi) Narcotics Units these Units are assigned the specific job of detection and
seizure of narcotic substances.
(vii) Legal Units these Units are responsible for following up the legal aspects
of the cases. They also maintain liaison with courts and other judicial authorities
and render assistance to the department in completion of judicial proceedings.
(viii) Disposal Units these Units look after the detention, storage and disposal
of the confiscated and other goods.
(ix) Other Units in addition to the above mentioned Units or amalgamations
thereof, there may be other Units in the Preventive ( Intelligence )
Commissionerate attending to the jobs of cash rewards to the informants & staff,

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post-seizure documentation and processing of case files, handling of seized
documents and exhibits, etc.
Many a times, functions of these Units are inter-related and some or all of
the above said functions can be executed by a Unit and vice versa.
Besides this, there may be other Units in a Commissionerate- depending
on the nature of work, topographical conditions, trends in smuggling, deployed
equipment, etc.

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[ Note : In some Zones, in addition to their normal Customs work, the

Preventive staff is also deployed on diversion to various other wings under the C
B E C like Directorates of - Revenue Intelligence, Anti - Evasion, Vigilance,
Service Tax ; offices of - Settlement Commission, Chief Departmental
Representative, Central Bureau of Investigation, etc.. The functions of most of
these Departments are of Investigative nature and are beyond the realm of this
Manual]

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Periodical Shifts of the Preventive Staff

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Like any other law-enforcing department, the Preventive service has to

perform diversified tasks in enforcing the statutes in force. In the process, at
times it comes across many situations and cases which are unique and dealt with
in particular manner. As the deployments are varied in terms of nature and place
of work, so are the actions taken and experiences gained. The same can be
utilised for similar situations at other places of deployment gainfully.

In order to give maximum exposure to the widespread Customs work and

to utilise the experience so gained optimally, the Preventive staff is shuffled
periodically among the aforesaid Sections / formations. The frequency of rotation,
tenure of the staff in a particular deployment, distribution of the charges, etc., are
stipulated by the cadre controlling Commissioner.
Other aspect of the periodical shift is to discourage any unhealthy
acquaintance and mixing up of the bad elements with the staff at a given
formation which may lead to any kind of nexus or connivance.
In some Commissionerates, the set-up, sanctioned strength of staff and
functions of certain Sections have been specified by the Ministry / Board.
However, depending upon the requirements, the concerned Commissioners may
use their discretion for creating new Sections and restructuring the existing ones.
Prescribed Working Hours

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At present it has been stipulated that the Preventive staff shall render
services 8 hours per day on all days except on Sundays and holidays. Preventive
staff is entitled to receive Overtime allowance for the service rendered beyond
prescribed working hours or on Sundays and holidays. The Heads of Department
have full discretion to prescribe working hours
for a particular formation
and to adjust the shift timings of the staff working under them subject to the
condition that the staffs concerned gives an effective service of 8 hours per day.
But in order that the staffs are not put to any inconvenience, every effort should
be made to adjust the shift timings in such a manner that the staffs are not
relieved at night after 12 midnight.
Deployment beyond working hours

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The movement of people and goods through the land, sea and air routes
continues round the clock. With that, the Customs functions have also to be
executed by the Customs staff day in and day out. More so is the case with the
Preventive staff who have also to attend to anti-smuggling duties. This entails
posting of the Preventive staff beyond normal working hours and on Sundays
and holidays.

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Section 36 of the Customs Act stipulates that no loading / unloading of

export / import cargo shall take place on Sundays / holidays and on any other
day beyond normal working hours except after giving the prescribed notice and
on payment of prescribed fees with the exception of baggage accompanying a
passenger or a member of crew, and mail bags. Vide notification no. 4 Cus.,
dated 21.01.1950, issued by the Board under section 72 of the erstwhile Sea
Customs Act, the hours between 6 a.m. and 6 p.m. has been appointed for all
Customs ports to be the hours between which goods other than passenger's
baggage may be discharged from any vessel or be shipped or water borne to be
shipped without written permission of the Customs Commissioner.

Further, there are many other works related to the clearance of import /
export cargo which require Preventive supervision during as well as beyond the
normal working hours. The services rendered by the Preventive staff in this
regard can be on two counts
a) Deployment for Government duties,
b) Deployment for services requisitioned by the trade.
MERCHANT OVERTIME FEES
As discussed earlier, the services of the Preventive staff can be
requisitioned by the trade beyond normal working hours, on Sundays and
holidays and also at a place away from the normal place of work, on payment of
prescribed fees.

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The rates and other aspects of Merchant Overtime postings of the
Preventive Staff have been discussed in Chapter Four of this Manual.
Overtime Allowance to the Preventive Staff
The Preventive staff rendering services beyond normal working hours of duty and
also on Sundays and holidays are entitled to receive Overtime Allowance as per
the guidelines issued by the Government. The staff, in this regard is entitled to
claim the Government Overtime as well as Merchant overtime. The criteria for
admissibility, rates per hour, night weight-age, ceiling on O T A etc., issued by
the Govt. from time to time, are enumerated in the Miscellaneous Chapter of
this Manual.

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(B) FUNCTIONS & DUTIES OF THE PREVENTIVE STAFF

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The duties of the Preventive Staff in relation to a particular formation have

been described in the respective Chapters, the duties of a few Preventive
Superintendents and Preventive Officers have been described below:
(1) Superintendent (Preventive)/ Postings

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For effective control over the working of the Preventive Service a

Superintendent (Preventive) is generally posted in every Customs House to
assist the Assistant Commissioner of Customs, incharge of Preventive
Department for posting of the Preventive Staff and distribution of overtime work
at night and on Holidays.

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He generally attends to:

(a)
Posting and attendance register of the floating staff.
(b)
Distribution of O.T. Work to the staff every day out of officer hours, and on
Sundays and Holidays.
(c)
Posting of Preventive staff for examination of passengers baggage and of
crew baggage.
(d)
Posting of Preventive staff for supervising ships in streams, break bulk of
hazardous cargo, guard and bandobast duties.
To assist divisional Superintendents in various Divisions.
(e)
(f)
Posting of Officers for escorting/receiving/delivery of bonded goods in the
docks/private bonded warehouses etc.
(g)
To depute staff as and when required according to the exigency of work.
(h)
Posting of the floating staff in the docks, dock gates on rotation basis.
(i)
To attend to the work of correspondence with steamer agents,
shipping agents, ship chandlers, Port Trust Authorities regarding the preventive
matters of Customs as and when required.
(j)
Posting of officers in shifts at various places and points according to the
tenure of the posts.

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(k)
To assist Asstt./Dy. Commissioner (Preventive)
implementing policies regarding Preventive Deptt.

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and

(2) Superintendent (Preventive)/Administration

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Besides Supdt (Preventive)/Postings, there is another important posting,

that of Supdt. (Preventive)/Administration, who assists Asstt./Dy. Commissioner
(Preventive) (General) in running day to day administration and in dealing with
policy matters related to administration of the Preventive service. The main
functions of Supdt. Preventive/Administration are (a)
Matters pertaining to administration of Preventive Service.
(b)
Integration of policy matters, laws, regulations, etc., in terms of their
application in day-to-day work.
(c)
Issuance of Public Notices regarding policy matters like notification of
Warehousing Stations, Customs Areas, etc., under the Customs Act,
1962.
(d)
Updating of Preventive Manual Compilation of orders.
(e)
Statistical statements in respect of all preventive work.
(f)
Control over the ministerial work involved in Preventive section, pay bill
section etc. in the preventive Service (Main) Department.
(g)
During the absence of Posting Superintendent, Supdt. Administration has
to attend his duties in addition to his usual functions.
(h)
Attending to correspondence from trade regarding matters pertaining to
Preventive Deptt., its functions & jurisdiction.
(i)
Any other work assigned by AC/DC (Preventive).

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Escorting of Dutiable Goods by Preventive Officers- Instructions.

The following instructions are issued for the guidance of Preventive

Officers deputed for escorting jobs:(1)
The Preventive Officers should acquaint themselves with the provisions of
Customs Act, 1962 and instructions given in the Preventive Service Manual and
Bond Department Manual on the subject.
(2)
Before the escorting job is taken in hand by the Preventive Officer, he
should ensure that the documents produced by the party, i.e. Into Bond Bill of
Entry, Shipping Bill, Transhipment Permit, Transfer application or any other
document are completed by the concerned, department of the Custom House.
(3)
Before starting the job, it should be ensured that description, marks and
numbers etc. given in the document tally with the goods to be escorted by him.
He should also see that the packages are in sound condition and in case they
are sealed as per document, he should check up whether the seals are in tact.

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(4)
At the time of escort the Preventive Officers should as far as possible see
that a closed vehicle is made available by the party especially in case of sensitive
goods. If closed vehicle is not available, the goods like Cigarette, Whisky, Films,
etc. should be covered by tarpaulin to avoid public attention.
(5)
The Preventive Officers will as far as possible sit in the vehicle in which
the goods are kept unless it is against traffic regulations. In case it is not
possible to sit in the vehicle, the Preventive Officer should follow closely the
vehicle in another conveyance. However, under no circumstances the vehicle
containing the goods should be lost sight off.

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(6)
On reaching the place (bond) where the goods are to be stored it should
be seen that the necessary entries are made into the Bond Register and receipt
from the bonder is obtained on the duplicate copy of the B/E as well as the O.T.
application form in token of completion of the job.

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The Preventive Officer will also see that the packages are properly
stacked in the Bond keeping space between the two rows and a `Stack Card
giving particulars of B/E, Bond No. etc. is placed on the lot.

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If it is observed that the goods are not stored properly and no stack cards
are maintained by the Bonders, a report in this regard should be submitted to
Asst. Commissioner, Bond through Supdt, Bond.

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(7)
In the case of ex-bond supplies of liquor, cigarettes etc. the Preventive
Officer should ensure that the packages are marked with the name of the ship on
which the bonded goods are being supplied and also with the bonders
particulars. The ex-bond supplies are to be entered in the register kept for this
purpose in the Section Office and the Preventive Officer should as far as possible
take the Section Officer along with him at the time of actual shipment, who will
place the goods in the Bonded Locker of the ship and seal the locker. In case
the section officer is not available, the Preventive Officer escorting the goods
should keep the goods in a separate room/cabin and seal the place. Under no
circumstances the bonded goods should be left unsealed on board the vessel.
(8)
In case of transhipment cargo the P.O. should enter the particulars of the
T.P. cargo in the register maintained for the purpose by the B.P.T. at the gate.
(9)
In case of `re-shipment cargo after endorsing the relevant documents, i.e.
file, B/E, Shipping Bill etc. the P.O. will enter the papers in the Register
maintained for the purpose in the Section Office.
(10) When goods are being sent in Bond to other Commissionerates, the P.O.
should ensure that the Railway Receipt, Roadway Bill or Air consignment note is
made in the name of the concerned Collector and not in the name of the party.

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The R.R., Road-way bill, Air consignment Note should be brought to the Custom
House and handed over to Superintendent in-charge of Postings, who should
sent it under despatch to the concerned section.
(11) After completion of the job, the P.O. should report to the Posting Section
and not to waste his time anywhere else. In case the Custom House is closed, he
should keep the Bond keys at prescribed Station.
The entire job should be done in proper uniform.
[Circular No. 170/16.07.1977 issued by Asst. Collector, Preventive
(General), Mumbai in F.NO. S/43-1582/77P]
Conveyance Allowance for services rendered to the Trade:

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The attention of the preventive staff is drawn to sub-para (4) of Para 474
pages, 553/54 of the Preventive Service Manual Vol.II wherein it has been made
clear that it is incumbent on the party requisitioning the services of a Preventive
staff for escorting jobs to provide them with motor-transport to-and-fro or pay the
conveyance charges in Custom House at the time of requisition.

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In view of the above the preventive staffs posted for the jobs are hereby
informed that they should not receive any cash from the parties in lieu of
conveyance.
The preventive staff can claim the conveyance allowance in case transport
is not provided by the party from the Custom House as per the instructions
enclosed-

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[(4) Transport charges to officers for journeys from Custom House

to bonded factories or warehouses and back. It has been decided by the
Government of India that shipping agents or merchants who apply for the
services of the Custom Officer for work in private bonded warehouse or for
escorting dutiable cargo from bonded factories or warehouses to the ships and
vice-versa provide conveyance free of charge. Staff are despatched on duty to
places at some distances from the Custom House concerned. It is considered
equitable to allow them to draw the actual cost of conveyance charge. The
President is, therefore, pleased to decide that officers both gazetted and nongazetted should be granted the conveyance allowance in respect of their
journeys from Custom House to bonded factories, warehouses etc. and back
subject to the following conditions: (1) The amount claimed should within the schedule scale of charges fixed
by the local authorities.
(2) No free conveyance was provided by the bonder nor so any
conveyance hire drawn by the Government servant directly from
bonders (a certificate to this effect should be furnished by the
Government Servant along with the claim).

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(3) The journey was not performed in the Government Servants own
conveyance or in conveyance of another person without payment of its
usual expenses.
(4) Payment of conveyance hire to the officers will not affect their
entitlement of overtime even if otherwise admissible to them.
(5) The Government Servant drawing the conveyance hire under these
orders will not be entitled to any T. A. under the rules in force. (2) The
expenditure involved should be debited to contingency in the case of
non-gazetted separate and the allowance and travelling allowance in
the case of gazetted officers. The amount of expenditure should,
therefore, be recovered from the bonders etc. and credited as Customs
miscellaneous vide M. F. D. B. No. 12/45/56 Adm. III, dated the 5t
Dec., 1957.

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Casual work The persons requesting for posting of officers should give
on the overtime application one of the following declarations: We shall provide motor transport to the Officer or We shall pay the taxi
charges.

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In the latter case the money should be paid along with the application for
overtime to the Custom House and not to the Officer who may be posted. The
Officer concerned should claim the conveyance charges from the Government.]
(C) DUTIES OF SEPOYS AND HAVALDARS

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1. In supersession of this Departments letter F. No. 11019/31/89-Ad. IV

dt.27.12.89 on the above subject, of this is to say that the matter regarding
nature of duties of Sepoys/Havaldars, as raised by the staff side member
representing them in the Departmental Council of this Ministry has been reconsidered by the Board. Duties of Sepoys/Havaldars are well understood.
Sepoys/Havaldars attached to an officer are required to assist them in their
work and also perform duties which are incidental to the official work of the
officers.
2. In this connection, it may be observed that Sepoy and Havaldars of these
Departments are deployed in the office to perform duties as exigencies
demand and also in the field formations to assist executive officers in carrying
out their functions. In performance of these functions, they are required to act
under and in accordance with the orders of such executive officers. The
duties of such executive officers are of multifarious nature.
3. In the Customs field formations, the duties of such executive officers (in
performance of which Sepoy/Havaldars assist them) are: check of
import/export cargo in docks/Air-cargo sheds, check of baggage of outgoing/in-coming passengers at airport/ports, guarding of entry/exit points at
Airports, docks and warehouses, rummaging etc. of vessels, guarding of

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goods in custom custody, escorting of seized goods and detained persons,
raids and surveillance duties etc.
4. In the Central Excise field formations, the duties of such executive officers
are: stock-verification in factories, warehouses, etc. road-checks, escorting of
seized goods and detained persons, raids and surveillance duties, etc.
5. Likewise, in the field formations of the Central Bureau of Narcotics, they are
required to assist the executive officers in their functions like issue of licence
for poppy cultivation, crop survey, weighment and collection of opium,
escorting of opium consignments, road-checks, escorting of detained
persons, road-surveillance duties etc.

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6. It may, however, be mentioned that as in the case of other officers,

Sepoys/Havaldars are also required to attend to such other duties as may be
assigned to them by their higher officers.

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7. The Havaldars besides supervising the work of Sepoys will, where required,
also attend to the work of Sepoys.

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8. Annexure I & II give illustrative lists of duties of such officers of the Customs,
Central Excise and Narcotics Departments.
Annexure I

Illustrative list of Duties of Sepoy/Hawaldar in the Customs &

Central Excise Departments

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Some illustrations of specific items of duties which are generally

performed by Sepoys/Hawaldar in the customs Department are indicated below:Guarding of Exit Gate etc. at Customs Stations :Sepoys have to guard entry/exit gates at Airports, docks, bunders and other
check-points at Customs Stations to check passengers/vehicles to ensure
that only authorised goods are allowed. Similarly, they have to guard
detained conveyances and persons suspected to have committed offences
under the Customs Law.

(ii)

Arms duties :(a) Guarding:

Sepoys have to carry out armed guard duties in
Warehousing where detained/confiscated goods are stored.
(b) Patrolling:
Sepoys carry out patrolling, keeping watch over incoming and out-going passengers, intelligence gathering, etc. in the
vulnerable towns docks/sea areas as part of anti-smuggling exercises
under the supervision of Customs Officers.

(i)

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(c) Escort duty:
Sepoys have to perform escort duty in respect of
seized/confiscated or other goods moving from one Customs station to
another pending clearance thereof from Customs and/or lodging of the
same at the destination in proper condition.
(iii)
Customs seal duty: Sepoys put seals on goods to be forwarded from
one Customs Station to another Customs Station (where escort is not possible).
(iv)
Search: Sepoys accompany and assist the Customs Officers in carrying
out search of suspected premises/persons, and in rummaging duties.
(v)
Indoor duties: To attend to the Customs Officers, receipt and despatch
work, carrying files from one Department to another and generally to perform
duties as are required to be performed in the office.

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2.
The above illustrations apply, mutatis mutandis, to sepoys working in the
Central Excise Departments.
Annexure II

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Duties of Sepoys of Narcotics Department

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Assisting Executive Officers in regulation of poppy cultivation, e.g.

measuring of fields, weighment and collection of yields etc. On the preventive
side assist the Preventive Officer in gathering intelligence, trailing the suspects,
conducting road-blocks, participating in raids, preventing trafficking in
opium/smuggling, etc.
[M. F., D.R., letters F. No. B-12014 / 6 / 90 Ad IV dated 15.3.1991 and
dated 19. 8.1992]

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Escorting by Sepoys of Lorries carrying dutiable goods

In this connection, it is informed that as per the prevailing practice and the
rules, a Sepoy has to escort one lorry only. But if there is a convoy of trucks, a
Sepoy is permitted to escort maximum three lorries at a time, provided the three
lorries go together.
[Excerpts from letter F. No. S/43 157/94 P, of Assistant Commissioner
(Preventive Deptt.), New Custom House, Mumbai]

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