Right to Information Act 2005
[Information compiled under section 4(1)(b)]
1. The particulars of the organisation, functions and duties: -
a) Background :
In the pre-independence era, a Tariff Board existed in the Ministry of Commerce “to advise the Government on measures required for protection of domestic industry”. This was converted into a Commission by The Tariff Commission Act 1951. The main functions of the Commission were to undertake various studies and recommend to the Government, requisite measures for protecting Indian industries, necessary reduction in customs and excise duties in respect of specific industries and remedial measures against dumping of goods. The Commission also undertook suo-moto studies.
The Tariff Commission set up in 1951 under the Ministry of Finance was wound up in 1976 by the Tariff Commission (Repeal) Act of 1976 based on the observation of the Second Fiscal Commission that the functions of the Commission were largely similar to those of the Bureau of Industrial Costs and Prices (BICP) which was set up in 1970 on the recommendation of the Administrative Reforms Commission. The BICP was bifurcated in August 1997 and the National Pharmaceutical Pricing Authority (NPPA) was carved out and placed under the Ministry of Chemicals & Fertilizers.
In 1991-92, the then Finance Minster in his Budget Speech said,
“…I believe that the time has come to evolve a more transparent institutional mechanism for fixing tariffs and domestic prices in sectors where there might still be need for protecting Indian industry against foreign competition and for the determination of administered prices, particularly in the area of public utilities. For this purpose, we propose to restructure the Bureau of Industrial Costs & Prices and to transform it into a Tariff Commission.”
Further in 1996-97, the then Finance Minister said in his Budget Speech of 1996-97.
“… In keeping with the promises made in the Common Minimum Programme (CMP) … Government have initiated action to set up an independent Tariff Commission.”
The present Commission was established on 2nd September 1997. In 1999, the BICP alongwith its core functions was merged with the Tariff Commission.
The Commission is headed by a full time Chairman of the rank and pay of Secretary to the Government of India and assisted by Member Secretary. in the rank and pay of Additional Secretary to the Government of India. There is also a provision of two part-time members to be drawn from persons of eminence from relevant fields including, finance, economics, industry, commerce and science & technology.
The Commission has three specialised functional divisions in the areas of Economics, ‘Science & Technology’ and ‘Finance & Costing’. In addition, it has got Administrative, Secretariat and Electronic Data Processing branches to provide Administrative, Secretariat and EDP support respectively. The Administrative branch consists of sections dealing with Establishment, General Administration, Cash, Hindi, Vigilance, Court Cases, Training, Library and other miscellaneous administrative matters. The Secretariat branch provides all in-house requisite secretariat support on various matters including those pertaining to the completed and on-going studies. The Electronic Data Processing Unit deals with all matters pertaining to Information Technology inter-alia including uploading and updating of the information on the Website, providing support to the officers of the Commission on Computer related matters including procurement of computers.
The three specialised functional divisions are headed by Chief Advisers in their respective fields in the rank of Joint Secretary to the Government of India. They are supported by Advisers, Directors, Deputy/Assistant Directors, etc. working in their divisions.
The officers/staff in the Commission are drawn from various Central Services viz, IAS, ICAS, IES, ISS, CSS, CSSS, etc. The Commission has its own cadre of S&T personnel to work in Technical division of the Commission. The present organisational structure of the Commission is as under:
The present staff strength of the Commission is as under:
The office of the Commission is located at the following address
The Commission has been entrusted with the following functions:-
2. The Powers & Duties of its officers & Employees
Concerning functions being carried out by this Commission, no statutory power has been vested in it as it is an advisory body. The administrative and financial powers and duties of various functionaries are as under:-
The Commission is headed by a full time Chairman of the rank and pay of Secretary to the Government of India and assisted by Member Secretary in the rank and pay of Additional Secretary to the Government of India.
Member Secretary, in the rank of Additional Secretary to the Government of India. He/She assists and provides necessary support to the Chairman in discharging his functions and duties. He/She is the guiding force for all the studies undertaken by the Commission.
Chief Advisers (Head of Divisions)
The Chief Advisers in the three specialised functional divisions viz technical, economic and costing divisions belong to S&T Cadre of the Commission, Indian Economic Service and Indian Cost Accounts Service respectively. All of them are in the rank of Joint Secretary to the Government of India. Being experts and heads of the respective divisions, they are responsible for in-depth analysis of the issues, concerning their divisions, involved in the studies undertaken by the Commission and preparation of the reports thereof. They are overall responsible for planning, guiding & supervising the work of study teams and ensuring timely completion of the studies of their respective divisions as well as for finalization of the Reports to be submitted to the Commission for approval. In this task, they are assisted by Advisers/Directors/Deputy Directors/Assistant Directors. They also advise the Commission on various issues referred to it by the Government of India from time to time.
The administrative and secretariat branches dealing with all administrative viz. Establishment, General Admn., Cash, Hindi etc. matters and in-house secretariat support respectively to the officers of the Commission are headed by the Secretary of the Commission. He discharges all the business emanating from the sections in these branches with the support of Director, Under Secretary/ Deputy Director, Assistant Directors/Section Officers and supporting staff. To carry out the requisite functions, the powers have been redelegated to him by HOD within certain financial parameters under the relevant DFPRs/GFRs. Besides, he also coordinates studies undertaken by the Commission.
Dy Director (Administration)
Dy Director (Admn), who has been declared as Head of Office under DFPRs, assists Secretary in discharge of all administrative functions with the support of Section Officers and supporting staff. Besides, he is also associated with the studies undertaken by the Commission.
3. The procedure followed in the decision-making process, including channels of supervision & accountability.
Being an attached office of the Department of Industrial Policy and Promotion (DIPP), Tariff Commission follows all the Rules, Regulations and Instructions issued by the Government from time to time to carry out its administrative functions.
Concerning technical work of the studies undertaken by the Commission, the work is done by the study teams having representatives from all the three specialised divisions constituted for the purpose. These study teams under the guidance of their Heads of Divisions and Member Secretary finalise the Terms of Reference, activity wise time schedule, methodology etc. and accomplish the task in the given time frame by submitting the reports including the recommendations to the Commission for onward transmission to the respective client department/ministry of the Government of India. Being an advisory body, the implementation of the recommendations rests with the client administrative Ministry. The various levels of supervision are depicted in the Organisational Chart given earlier.
4. The norms set by it for the discharge of its functions:-
Concerning in-house administrative functions, the Commission follows all the norms as laid down in various Rule Books including the Manual Of Office Procedure of the Government of India. For the core functions pertaining to studies, analysis of data and making recommendations to the Government of India, the Commission does not have any pre-determined set of norms. Each study is unique & its analysis depends upon the nature and type of study, timeframe, availability of data and the terms of reference assigned by client ministry. To ensure timely completion of the study as per TORs, the Commission draw up an internal activity-wise time schedule to follow it up.
5. The rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions:-
With regard to the carrying out of administrative function of the Commission, the rule books/guidelines/instructions issued by the Government of India from time to time are kept in the respective Sections for reference and application in the respective cases. The information available on Internet and collected from primary/secondary sources is also used by employees in discharge of its functions.
On technical matters, all the relevant files and copies of the studies completed by the Commission/BICP are maintained. Important manuals/journals, reports books on various subjects, etc are also kept in library for reference.
6. A Statement of the categories of documents that are held by it or under its control:-
The documents maintained by the Commission inter-alia include all the relevant files/document on i) personal files of the officers and staff ii) financial matters concerning Five Years/ Annual Plans, Budgetary Matters, etc. iii) Parliamentary Matters iv) House keeping matters v) Pay Bill Registers vi) Annual Confidential Reports of officers working on posts controlled by Commission and Property Returns. In addition, the copies of all the studies completed by BICP/Tariff Commission are also kept in the Commission for record and reference purposes. The Library of the Commission also contains all the important manuals/journals and books on the concerned subjects besides other books of interest to the employees.
7. The Particulars of any arrangements that exists for consultation with or representation by the members of public in relation to the formulation of its policy or implementation thereof: -
In view of the type and nature of the work done in the Commission, there is no direct access with any member of the public for consultation purpose. As such, no arrangements exist for consultation etc. However, if any representation on technical matter is received through the client Ministry, the same is dealt with depending upon its nature, content & relationship with any Govt. Deptt/ Institution, its purpose and large natural interest as per the set procedure of the Commission . The public can have access to the Website of the Commission for the requisite information pertaining to its Organisation and related details including list of studies completed by the BICP/Commission on its Website address.
8. 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:
9. A directory of its officers and employees:-
The telephone directory containing official and residential telephones numbers and address of officers of Section Officers and above is at Annexure A.
10. The monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations:-
The monthly remuneration given to the officers and employees differ from post to post. They are given annual increment also on their basic pay in the respective pay scales. Besides the basic pay other allowances as are applicable are given to the government servants. The details of the pay scales for different posts in this commission are at Annexure B.
11. The budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditure and reports on disbursement made: -
The details of the budget allocation for tariff commission both plan and non-plan for the financial year 2005-06 is at Annexure C. The Plan allocation is utilised for meeting expenditure on activities such as Developmental Studies, Computerization and Library & Infra Structural Developments. The Non-plan expenditure is spent on items such as salaries, wages, TA/DA, office expenses, publication etc.
12. The manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes:-
13. Particulars of recipient of concessions, permits or authorisations granted by it:-
14. Details in respect of the information, available to or held by it, reduced in an electronic form:-
The material for Annual Report of Department of IP&P & List of Studies completed by BICP/Tariff Commission and on-going studies, is on the Website. i.e., http://tc.nic.in
15. 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 nature of work of Tariff Commission does not call for direct access to any member of the public. The library of the Commission is solely for the purpose of reference by its officers/staff. The public can access to Tariff Commission website on its address viz.http://tc.nic.in or contact the officer for further details.
16. The names, designation and other particulars of the Appellate Authority, Public Information Officers:-
The details of Appellate Authority, Public Information Officers are as under:
Name Mr. P.K.Upadhyay
17. Such other information as maybe prescribed:-
Tariff Commission is a purely advisory body. It does not exercise any administrative or statutory power or formulate any policy in relation to Public at large. It, however, takes decisions relating to the internal administration of the office and its employees and the discharge of its functions viz conducting studies etc. on specific issues referred to it or on suo-moto basis.
The sharing of information gathered from the third parties for conducting studies and the study report contents will be decided in accordance with the relevant provisions of the Right to Information Act, on case to case basis & nature of the information/studies, their sensitiveness keeping in view the large national interest.
Annexure ATARIFF COMMISSION - TELEPHONE DIRECTORY
7th Floor, Lok Nayak Bhavan, Khan Market, New Delhi - 110 511
Sh P.K.Upadhyay Adviser(Cost) is also working as Secretary, TC
Smt. Madhurika Rao is also working as Public Information Officer, Welfare Officer,Grievances Officers
and Represenatative of the Sexual Harassment Committee
Sh. Inderjit SinghAssistant Director(Cost) is also working as Drawing & Disbursing Officer
Post-wise Pay Scales of Officers/Officials of Tariff Commission
Budget (Plan and Non-Plan) Estimates for 2017-18
There is no plan budget expenditure for the year 2017-18
DEMAND FOR GRANTS 2017-18
(In thousands Rupees)
Status of Right to Information Act, 2005
Clause 25 – Monitoring by CIC)
Year 2014-15(till July.2013)
Staff Car logbook and Travelling Allowance
Log Book of office Staff Car will be available for verification on 1st ( date) and 15 ( date) of the month. In case these dates happened to be holiday it will be available for verification on the succeeding first working day.