Ministry Of Finance

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XVth Convention of A.I.C.E.I.A formerly known as A.I.F.C.E.E.O

05/10/2008
NOTICE FOR THE 15TH ALL INDIA CONVENTION OF
ALL INDIA CENTRAL EXCISE INSPECTORS ASSOCIATION,
KOLKATA.
In terms of Article 14 of the Constitution of the All India Association NOTICE is hereby issued for THE 15TH ALL INDIA CONVENTION OF ALL INDIA CENTRAL EXCISE INSPECTORS ASSOCIATION, Kolkata to be held at Daman, Gujrat from 10th of December 2008 to 12th of December 2008.

AGENDA
1. Presidential address.
2. Placing of minutes of the previous meeting for approval of the house.
3. Nomination of the returning officer for election.
4. Conduct of Election and appointment of new office bearers.
5. Adoption of the Report by the Secretary General.
6. Approval of the Federation Accounts for the period sept 2008 - Nov 2008.
Acceptance of the accounts submitted by former Secy General on Sept.2008.
7. Discussions and passing of resolutions on issues.
8. Constitution amendment if any.
9. Any other matter with the permission of the chair.
All Units are requested to confirm their attendance along with the Names, Addresses and Phone Numbers of all Delegates / Office Bearers who will be attending the convention on or before 15.11.08 to the All India Association as well as the host unit whose address is given below, to enable proper accommodation and facilities to be arranged.

The venue of the convention would be:
Hotel Sagar Sun
Marvad Devka Road,Nani Daman, Daman
The name of the delegates, their time and mode of arrival may be intimated to any of the following office bearers of the host unit.

1.Jash Ram Secretary 09925609716
2.S.K.Yadav President 09427125477
3.A.S.Kundu Zonal Secretary, vice president 09426746721
4.D.Gamit Joint Secretary 09925422574
5.Dhananjay Kr Treasurer 09879688734

All Units are required to send any fresh Membership forms collected by them and current year’s (2008-09) AO (DDO) certificates in respect of the members in their units to the All India Association by post on or before 15.11.08. Any left out forms / certificates may be handed over to the All India Association at the venue of the Convention.
Units may clear any pending subscription arrears to the Federation before the date of Convention.
The notified units who are empowered to exercise their voting right as per Chapter 2 Article 12 sub clause 5 of the Constitution are placed underneath:
1. Kerala
2. Selam
3. Madurai & Tirunelvelli
4. Coimbatore
5. Trichy
6. Chennai
7. Karnataka
8. Mumbai
9. Pune
10. Raipur
11. Vizag
12. Guntur
13. Hyderabad
14. Vadodhara
15. Surat
16. Ahmedabad & Rajkot
17. Bhavnagar
18. Vapi & Daman
19. Rajasthan
20. Chandigarh
21. Allahabad
22. Lucknow
23. Bihar & Jharkhand
24. Orissa
25. West Bengal, Sikim, Andaman & Nicobar Island.
The host unit is hereby requested to intimate the name who can be considered for nomination as returning officer by the convention in terms of Article 20.
The units who have not yet joined may join this Association in the Convention and the Convention will decide about their voting right etc.

(Kousik Roy)
Note##
All the voting rights will be decided as par Chapter 2 Article 12 sub clause 5 of Constitution of the All India Association and for this reason all the units who are intending to participate in this convention has to submit their membership Forms/ DDO certificates before convention to the Secretary General. Handing over of Leftout forms/ certificates to the All India Association at the venue of the Convention is applicable only to the above mentioned 25 units.
(Kousik Roy)

• Circular- 07/08
  
  Comrades,
  
  Right after publication of the Pay Commission’s Notifications on August 29th we launched a vigorous effort to streamline our response and to strengthen our unity to go all-out for the justifiable demands.
  The All India Association submitted its representation on:
  Revision of pay anomaly/restoration of pay for Inspectors
  Fixation of pre revised pay-scale of 6500-10500 from 01.01.1996
  The leadership of the Association rushed to Delhi on 7th of September 2008 to pursue various Pay Commission related issues in addition to the above points. The organization specifically pointed out to the Board officials on what ground should NFSG be applicable to Inspectors for whom A.C.P has already been awarded.
  On 8th of September we confirmed that Board and D.O.P.M have taken up the issue of Revision of pay anomaly/restoration of pay for Inspectors and were trying to solve it as quickly as possible. We went to Ad-IVA and enquired about the expected meeting with the Chairman and specifically asked them about the intention of Board for calling the cadre organizations at this point of time. It was given to understand that depending upon various communications for holding O.C.M under J.C.M scheme; Board is to conduct this type of meeting which was already communicated to our President.
  We enquired about our revised recruitment rules in AD-III B and the issue of effective Date for granting promotion/A.C.P in AD-IIIA, we are told that the issue has been sent to D.O.P&T for clarification.
  On 16th and 17th of September we went to Delhi again to pursue the above issues and to submit points for discussion with the Chairman on 25th of September, ’08 as the last Date for submission of points was 16th of September.
  
  C.E.C. MEETING AT TRICHY
  
  C.E.C meeting in Trichy held in 19th and 20th of September 2008 in Hotel Femina at Tiruchi, The meeting started with the welcome Address by the President of Tiruchi unit Comrade Balraj. After that President of the Association addressed the open session. From the organizational angle this meeting emerged as the most successful meeting in the recent years as a total of six more units have joined the organization in this meeting which are duly approved by the C.E.C. The units are:
  Bihar & Jharkhand Circle
  Rajasthan Circle
  Punjab, Hariana & Chandigarh Circle
  Goa Circle
  Lucknow Branch,
  Allahabad Branch
  The First two units were physically present in the meeting, third and fourth unit joined All India association with written communication, other two units have communicated to the S.G. regarding their eagerness to join the CEC of the All India Association but owing to some constraints they could not attend the meeting. We thank every office bearer who labored hard to create a single organization through out India. Special thanks to our Ex-Secretary General and President.
  The Secretary General –in-charge read out the Action Taken Report and placed the report for discussion which is now attached with this circular. A committee was constituted by the President to consolidate various points pertaining to the 6th Pay-Commission even though the next agenda was to accept/ elect Secretary General (as our Constitution stipulates that whenever a vacant post arises that should be filled up in the next C.E.C) yet this particular business was in-ordinately delayed.
  After detailed discussion the meeting decided to request Com. R. Manimohan to join and address the C.E.C on the next day. It was also decided to hold the Convention in the last week of November or first week of December at Vapi/Damman.
  On the final day the discussion on ATR started . The President invited the Circles/Branches to express their opinion..

A resolution was passed wherein Com. Kousik Roy was entrusted with the powers and functions of the Secretary General. The resolution was signed by both of the President and newly elected Secretary General. In the mean time Com. R. Manimohan addressed the C.E.C and C.E.C in return congratulated him for the priceless service he has rendered to the Association over the last one and half decade.
Discussion on ATR was completed. The President declared that the ATR is accepted with some changes.
After that discussion on various resolutions started.
Important of them were:
· Restoration of pay of Inspectors
· Inspectors replacement scale should be 7500
· Fixation of pre revised pay-scale of 6500-10500 from 01.01.1996
· Immediate solution on uniform allowances
· Clarification on N.F.S.G should be given by government of India So that it should be made available to A.C.P recipients
· Solution of the dispute of Gangavaram Port (Minor Port)
· Solution of grievous problem cropped up for some unwanted vigilance cases in Surat and in Daman
· Infrastructural problems of Vapi and Daman.
· Release of three days pay for the strike held in 1998 and the subsequent entry in the service book should be removed.
The meeting discussed about the strike ballot that is to be taken in the month of November as the Central Government employees had affirmed a stir against the Government for the anomalies in the 6th Pay Commission. It was decided a wide spread campaigning will be done and the web site of the Confederation of Central Government Employees will be consulted for the demand and other things.

The meeting ended with a vote of thanks by Com. Shishir Kumar Agnihotri one of the senior leader of the C.E.C.
However, in-cosultation with the President Sri Sumon Chakraborty has been nominated as Treasurer of the Association for the interim period.

MEETING WITH THE CHAIRMAN
Meeting with the Chairman C.B.E.C was slated to be held at 12.00 ‘O’ clock on 25.09.2008. We were invited 15 minutes earlier to the scheduled time and our discussion concluded by 12.50 hours.
We have already submitted our points to the C.E.C members in the Tiruchi C.E.C meeting, in addition to that we have sent one addendum for revision of Pay of Inspectors. The discussion and various decisions of the board is placed underneath:
Point no.1 REVISION OF PAY FOR INSPECTORS : JOINT SECRETARY (Admn,) replied that the file went to expenditure.

Point No. 2 ANOMALY IN FIXATION OF PAY OF 1992 BATCH INSPECTORS:
Board expressed its seriousness of sending the issue once again to D.O.P&T for clarification.
Point No. 3 FIXATION OF PRE REVISED PAY SCALE FROM 01.01.1996:
It appeared to us that we were able to convince board about the gravity of the issue, Board expressed its concern over the issue and decided to send it to Expenditure once again.
Point No. 4 CLARIFICATION REQUIRED FOR NON-FUNCTIONAL SELECTION GRADE
At the out set board had rejected the issue on the ground that this is not meant for the A.C.P. recipient officers, we argued that the criteria for getting the benefit of grade pay Rs 5400/- are:

i) The incumbent should be a Group B officer
ii) He should have completed 4 years of regular service in the scale of 7500-12000 (attributed with a grade pay of Rs. 4800/-)

In terms of Board’s Order F.No. O-8013/100/2003-IHB dated 11.12.03 & 24.10.07 read with DOP&T’s Instructions/Notification SO.No. 332 dated 20.04.98, the post of Inspector, Central Excise under CBEC was reclassified as Group B (Non Gazetted) w.e.f 11.12.03. Therefore, since in Point No. 1(x)d of the Resolution of the Government of India dated 29.08.08 in respect of the recommendations of the sixth CPC only the term ‘Group B officer’ has been mentioned, an Inspector of Central Excise who is a Group B officer and has been granted the scale of 7500-12000 by virtue of ACP should be eligible for getting the higher grade pay of Rs. 5400/- if he completes 4 years of regular service in the scale of 7500-12000 (attributed with a grade pay of Rs. 4800/-) in the same manner as that of a Superintendent of Central Excise. So there should not be any bar in getting the revised benefit granted to that scale on a non-functional basis.
Thereupon Board decided to forward the file to D.O.P&T for a clarification.

· Point No. 5 Grant of proper equipment and maintenance allowance for three sets of uniforms for personnel in Customs.
At the out set we stated that the allowances are too low to maintain and to purchase uniforms. Board asked us about our demand. We submitted that we have already raised our demand through our letter dated 25.04.2008 that it should be on par with the other uniformed services.
It was argued (depending on the decision taken by our Association in the Bangalore C.E.C) that the uniform allowances are not needed for Central Excise and Service-Tax and it can be continued in Customs only if proper allowances are paid.
However, President commented that once the rectification of the allowances comes into effect then only our cadre should start wearing uniform regularly.
Board resolved to look into the issue.
· Point No. 6 Grant of Rummaging allowances for Officials posted in Customs area on par with the Officials of Customs.
Board decided to examine the issue.

· Point No. 7 Grant of Local Travel Expenses for Inspectors on par with the Inspectors of Income Tax.
We have argued that inspectors of Income Tax are getting thirty litter of petrol as L.T.E and this facility should be extended to Inspectors of Central Excise and Customs.
Board decided to check up the issue.
Point No. 8 Grant of Risk Allowance for Inspectors of Central Excise & Customs :

considering the risks attached to their duties and responsibilities Inspectors of Central Excise & Customs should be provided this allowance; Board decided to look at the issue.
· Point No. 9 Steps to Be Taken For Removal of Acute stagnation in Inspector Cadre.
Board informed us that a High Powered Committee has already been set up and all the associations will meet the Committee to express their views.

· Point No. 10 Abolition of Control Rooms And Uniform In C.Ex and Service Tax
It was argued that considering the shortage pf manpower at the level of Inspectors and the present day communication system deploying Inspectors in Control Rooms and pressurizing them for protocol Duties is a sheer wastage.. These two works can easily be performed by the Hawaldars and Head Hawaldars who has already upgraded to Group ‘C’.
If there is no Control Room & Protocol Duty then the necessity of wearing uniforms becomes redundant.
Point No. 11 Revision of promotion quota between Supdts of Central Excise and Supdts of Customs to posts ofAssistant Commissioners as per present Cadre Strengths.
It was discussed at length that Inspectors of Central Excise get a lesser chance in the event of promotion ion the grade of assistant Commissioner/ Deputy Commissioner whilst some of our counter parts in the Customs getting promotion to the grade of Joint Commissioner. The ratio of 6:1:2 should be changed immediately.
Board’s Reply : Board informed us that a High Powered Committee has already been set up and all the associations will meet the Committee to express their views.

· Point No. 12 Merger Of Excise And Customs.
The Association demanded merger of excise and customs with base cadre seniority from 1996.
Board’s Reply : Board Decided to examine the issue along with the High powered committee.
· POINT NO. 13 INTER-COMMISSIONERATE TRANSFERS
It’s a long pending demand. We have argued that all the cadres have the facility to be posted in and around their home town; even the newly recruited inspectors are being given option of their choice of posting except 2004, ’05, ’06 batch of directly recruited Inspectors.
Board’s Argument: Depending upon previous experience, once the employee gets the transfer, he goes to Court demanding original seniority. Board will try to examine the issue further.
President Commented that Board can instruct the field formation to give priority to the applicants deputation postings at least.
Board agreed to the proposal given by the president.
· POINT NO. 14 JCM at Commissionerate and at the Departmental level.
Board’s Reply : Board had already issued one standing instruction to all the formations, it will issue another instruction within a short while.
· POINT NO. 15 TRANSPARENT TRANSFER POLICY.
Board’s Reply : Board had collected all most all transfer posting policies now running through out India; it is not possible to form an uniform transfer posting policy as the ground reality is different in different places, still if there is any deviation from the agreed transfer posting policy board will take care of that.
· POINT NO. 16 "COMPASSIONATE APPOINTMENTS:
Board’s Reply : Board has nothing to do, as far as the percentage and the year bar is concerned have been fixed by the government of India.
Our Comment : Board can convey to the next higher forum about the issue and the demand. President suggested that for those dependants to whom the appointment cannot be extended, board can at least arrange for Xerox Machine, Tea vending machine, Coffee Vending machines inside the different Custom Houses which may fetch some lively hood to the bereaved families.
Board’s Comment: It’s a nice proposal; already this type of experiment has been started by Govt. of India. The proposal may be submitted in writing
· POINT NO. 17 ISSUE OF UNIQUE GPF ACCOUNT NUMBERS.
Board’s Reply : Board is working hard with C G A to solve the problem and appreciated the letter already submitted by the Association.

· POINT NO. 18 SEPARATE ORGANISATIONAL SET UP FOR ATTENDING TO QUESTIONS UNDER THE RTI ACT.
Board’s Reply : The work is going on .
· POINT NO. 19 RISK INTELLIGENCE NETWORK MECHANISM AT COMMISSIONERATE LEVEL TO INTER-CHANGE DATA RELATED TO DIRECT AND INDIRECT TAXES TO INVESTIGATE IN PROFESSIONAL METHOD.
Board’s Reply : The work is going on .
· POINT NO. 20 INFRASTRUCTURE FOR FORMATIONS.
Board’s Reply : Board has instructed every field formation for proper infrastructure to be set up without any negligence, Still if the cadre organization feels that there is some problem in some area they can inform the Board.
· POINT NO. 21 PERIODICAL TRAINING ON ALL FIELDS OF ACTIVITIES.
Board’s Reply : The Director NACEN has already instructed to hold periodical training. Further instructions would be issued on the basis of the responsible demand made by the Association.

· POINT NO. 22 DUTY LIST FOR ALL OFFICIALS SERVING IN CBEC.

Board’s Reply : Duty list of Every category of officers are being prepared. It will come within a short while.

In addition to the above two more points were taken up:
Vigilance cases in different field formations unduely delayed to be sorted out at the earliest:
Board’s Reply : The instruction had already been issued. Any shortcomings may be informed to the Board
Three (3) days pay cut and comments on service book for the 1998 strike:
The Association clearly pointed out that due to Three (3) days strike in 1998 a no. of officers had lost their Three (3) days salary and in addition to that some over enthusiasistic ofiicers have registered their comment on service book of the individual officers.
Board’s Comment: It’s a issue which can not be discussed, the dispute is well discussed with the organization earlier. However, Association can seek a fresh look by submitting one letter.

Meeting with the high powered Committee

Depending upon our representation seeking an appointment near the High Powered Committee, Chairman of that Committee Mrs. Chitra Gourilal gave us an appointment at 17.00 hours on 25th of September.
At the out set we requested for
· a separate service and then a separate service rule, where separate cadre can be maintained for Inspector and Superintendent and the Assistant Commissioner & Deputy Commissioner,
Committee suggested for change of ratio of promotion to 16:1:1
· It was submitted by our President that the change of ratio can be made effective from 1996 to 2008 and after that a separate service may be introduced.
Committee suggested that merger of cadre is eventual at the time of preparing common seniority least:
· It was submitted that merger is acceptable by the Association only if the base cadre seniority from 1996 has been taken into consideration.
· If merger is not at all possible then a separate service can be created within Central Excise.
The discussion went for one hour and 10 minutes, we have submitted various documents to the committee, Committee asked for a detail suggestion from the Association and President of our Association agreed to give that suggestion.


For the revised pay scale of Inspectors we have spoken to the expenditure, hope this issue will be solved within a short while; we are constantly monitoring the progress of the issue.

The Convention of the Association is fixed at Vapi (DAMAN) on 10th 11th and 12th of December 2008.
Detail notification on this issue will be issued shortly.

TRICHY ATR

ACTION TAKEN REPORT
OF THE SECRETARY GENERAL, AICEIA,
PLACED BEFORE THE CENTRAL EXECUTIVE COMMITTEE
HELD AT TIRUCHIRAPALLI, TAMILNADU ON 19th & 20th Sep.’ 08.


Dear Comrades,
At the outset I congratulate one and all of the delegates and Office Bearers present here as well as those members of the Association and Office Bearers who could not make it to this meeting, for their consensus for attending the C.E.C meeting in Tiruchi after the departure of former Sec General Shri R. Manimohan.
Though Comrade Manimohan relinquished his charge and intimated the Authority and the Organization as well, yet the mist is not clear to some of our Executive members and office bearers as well.
Com. Manimohan relinquished the post of Secretary General of our All India Association after submitting the representations on (i) restoration of pay, (ii) Notional Fixation from 01.01.1996. Emphatically he placed his argument before the Board and the Ministry; and taking those letters as reference we have tried to work for the cadre till date.
None of us have had any doubts regarding integrity of our all former office bearers. Right from the days of the National Convention at Kolkata in 2003, we have faced persecutions and insinuations. We can recollect that in this present time only one office bearer has been show caused and charge sheeted by the Authority for Association activity and we are lucky enough that he had served this organization as President and Secretary General. Without the solid and sustained support of the membership, we could not have run this organisation. In our ATR placed before the Kozhikode EC meeting we have mentioned that Board has finally set at rest the dispute as to the legitimacy and legacy of this Association by declaring this as the continuation of the erstwhile ‘All India Federation of Central Excise Executive Officers’.

At the Organisational front, it is for us to forge unity with the other Associations representing the Executive Officers in the Central Excise, viz., Sepoys and Superintendents and form a Federation as per the CCS (RSA) Rules. Towards that end a closer co-ordination is required initially.

It should be counted as an achievement that we are successful in persuading the Board for a Departmental Council meeting under the J.C.M scheme and the expected date of that meeting is 25th of September, 2008.

NATIONAL ISSUES

We have been able to serve a Strike Notice on the Government as per the Call of the Confederation. On the 6 point Charter including the demand against the retrograde recommendations of the 6th Pay Commission, New Pension Scheme and PFDRA Bill, the Notice was served on 04.08.07 and the Central Excise Inspectors on 20.08.07 successfully organized the strike in some part of the country. While 100% participation could be obtained in the regions of West Bengal, Tamil Nadu, Karnataka, Lucknow and Allahabad, in other parts, mobilization was wanting. The house may discuss methods of ensuring better participation by all regions in future considering the reputation of the department and cadre in the public eye as well as in the opinion of other Government employees itself.
We have participated in the National Convention of Central, State Government, State PSUs Employees and Teachers at New Delhi on 08.07.08 and also all the National Executive Committee Meetings of the Confederation.
In the mean time government has proposed implementation of VIth Pay Commission along with sea of unrequited questions and clarifications,
Nothing less than a united and sustained struggle will be able to restore a decent living and remuneration for the Government employees.
It has already been circulated that Confederation in its meeting dated 26.08.2008 had decided to go for a strike ballot keeping in mind the indefinite strike proposal, which is likely to be held sometimes in December’ 08. The date proposed for the strike ballot somewhere around 10th November’ 08. The meeting came to the conclusion that the Government's decision warrants serious agitational approach and decided to call upon the Central Government employees to mobilize themselves for an indefinite strike Programme to generate necessary sanctions to compel the Government to enter into meaningful discussion over these issues with the employees' organizations and settle them satisfactorily. All the constituent units of the Confederation have been advised to hold their national convention/conference and endorse the decision of the indefinite strike action immediately. The National Executive Committee will again meet after holding discussion with the sister organizations in Defence etc. in the month of November, 2008 to decide upon the date on which the said indefinite strike action should commence.
The strike may be organized in the first fortnight of December 2008 if the Government does not come forward for discussion, negotiation and settlement of the under mentioned Charter of Demands.
CHARTER OF DEMANDS
1. Grant Rs.10,000 as Minimum Wage as per 15th ILC Norms.
2. Grant minimum fitment benefit of 2.625 times of pre-revised basic pay to bring about uniform rise in emoluments.
3. No abolition of Group D posts and functions.
4. Lift ban on recruitment; fill up all vacant posts and scrap Screening Committee.
5. Grant Pension and Status of Civil Servants to GDS.
6. Grant 10% of Pay + Grade Pay as minimum benefit on promotion or financial upgradations.
7. No outsourcing or contractorising of Governmental functions.
8. Fix the date of effect of all allowances as 1.1.2006.
9. No reduction in the commutation value and restoration of full pension after 12 years.
10. Grant statutory defined pension scheme to the employees recruited after 1.1.2004 and withdraw the PFRDA Bill from Parliament.
11. Compute the pension entitlement on the basis of notional pay as on 1.1.1996.
12. No performance related pay or bonus scheme.
13. Implement all Board of Arbitration Awards.
14. Remove the arbitrary 5% ceiling and 3 years condition on compassionate appointment and withdraw court cases and absorb all waitlisted RRR candidates.
15. Implement the revision of bonus ceiling @ 3500/- in the case of Government Employees; Remove adhoc bonus and replace it with PLB and remove the 60 days ceiling.
16. Grant SDA to all employees in NE Region.
17. Revise the Transport and Daily Allowances as demanded by the Staff Side JCM National Council.
18. Direct all the Departmental Heads to settle 6th CPC related department specific demands / problems within a stipulated time limit.
The meeting decided to call upon all affiliated organizations to collect a donation of Rs. 20/- from each member as and when the arrears are disbursed and remit the same to the Confederation CHQ.

PAY COMMISSION:
Our former Secretary General relinquished the post of Secretary General because of his promotion to Superintendent, subsequent to that the task lay down before the organization is to solve numbers of irregularity as furnished by the report of the VIth Pay Commission.
· Our primary agenda was to restore the pay-scale of Inspectors of Central Excise & Customs, accordingly a group of our office bearers and E.C. Members met in Delhi on 24th April, 2008 and decided on the submission before the Cabinet Secretary, Revenue Secretary and the Chairman C.B.E.C.
· Next we put emphasis on the GRANT OF PAY SCALE 6500-10500 WITH EFFECT FROM 01.01.1996.
The letters and the submissions we have made are available in the web-site and also in the E.C. members available E-Mail addresses.
· We gave importance to raise the issue of uniform allowance and its variance for our departmental Officers.
· On 27th of April, 2008 we have attended National Executive Committee meeting of the Confederation and on 28.04.08 in the extended meeting of the Confederation at Hindi Bhawan, New Delhi to discuss over various common issues like :
1. stopping abolition of Gr. D Posts and contractorization of Group D Functions;
2. stopping corporatisation of Govt. Departments; outsourcing or downsizing;
3. lifting of the existing ban on recruitment;
4. filling up of all posts; so that no post is abolished.
5. To Scrap the new pension scheme; No privatization of pension payments.
6. Restoration of commutation of pension after 12 years.
7. privatization of health care; No medi-insurance scheme; Extend CCS (MA) rules to Pensioners; strengthen CGHS.
8. No introduction of PRP based salary system.
9. To Grant minimum wage as per ILC norms; reduce the disparity between minimum and maxim salary by maintaining 1:10 ratio.
10. Increase of the rate of increment; concede the fitment formula to bring about uniform benefit.
11. No replacement of Bonus and overtime allowance with PRIS; Implement the revision of bonus ceiling @ 3500/- in the case of Government Employees; Remove adhoc bonus and replace it with PLB and remove the 60 days ceiling (2006-07).

Right after publication of the Pay Commissions’ report we have decided that the issues pertaining to our department has to be pursued unitedly by the Revenue C-O-C and we met Confederation Secretary General in Kolkata on 29th of March, ‘08, as he is the joint convener of the C-O-C too; and requested him to convene a C-O-C meeting immediately. We also approached the Joint convener from Central Excise i.e. Secretary General of Superintendent Association and requested him for the same. At the time of appeal we clearly pointed out that for restoration of pay for Inspectors and for the effect of revised pay from 01.01.1996, a united approach from the Revenue C-O-C is needed. We would like to place thanks to the Secretary General of Confederation for his struggle to bring all the organizations together in Rajouri Garden New Delhi on 11th of May 2008. From our organizational front we have explored the possibility of a joint meeting of all the Associations with the Revenue Secretary and that was held on 13th of May 2008 and through our circular we have intimated each and every one of you about that meeting.
Just before commencement of the 20th August Strike the implementation of the Pay Commission declared with hundreds of imperfection and incongruity.
Confederation immediately called a meeting at Delhi on 26th of August and we approached C.O.C leadership for a meeting and it was held in New Delhi on 16th September 2008.
In the first week of September we approached the Board’s office for restoration of Pay for Inspectors & grant of revised pay scale 6500-10500 with effect from 01.01.1996.
We expect that a revision order of the scale of inspectors may come at the end of this month.
We have discussed with the board officials on the clarification required in respect of N.F.S.G (non–functional-selection-grade). We have explained that an inspector who is getting A.C.P in the grade pay of 4800 should be given grade pay of 5400 after completion of continuous service of Four(4) years in the earlier grade pay.

The other points are placed here under:
A. UNIFORM ALLOWANCE AND ITS NEED: There is no mention about the Uniform allowance of C. Excise and Customs Inspectors, VIth pay Commission had recommended appropriate uniform allowance for the other uniformed services, if Government can not provide Central Excise and Customs Inspectors and Superintendents appropriate Uniform Allowance and maintenance allowance then it is suggested that this partial uniforme in the department may be abolished immediately.

B. Detailed clarification through Government’s Office memoranda is required in relation to Governments’ decision for implementation of the 3 A.C.P for the employees. There’s a difference in language so far as the Notification part and the Resolution part is concerned on the subject matter. Employees are apprehensive whether they have to be stagnated in a particular functional post for ten long years to achieve A.C.P. or three A.C.P will be granted taking the period of service in account.
C. A serious problem arose due to fixation of a single date of increment, employees who have joined in January of a particular year will enjoy considerable difference of pay in comparison to their batch mates who ever joined on or after February of that year. The procedure of execution of a single date for increment can not be introduced unless a healthy solution is achieved in this regard.
D. As per the Notification, in Pay Band-1 and in Pay Band-2 employees who have joined or promoted on or after 01.01.2006 have to endure the pain of not granting the minimum fixation of 1.86 times and have to suffer the discrepancy for fixation of pay. Astonishingly this problem is not their in Pay Band-3. This dissimilarity like many more requires rectification.



DEPARTMENTAL ISSUES
The issues likely to be raised in the Board’s meeting dated 25.09.2008:

1. RESTRUCTURING OF THE DEPARTMENT:
Conduct Cadre Review immediately in CBEC:
· Revise the ratio of promotions from Superintendents of Central Excise to Group ‘A’ as per the existing strength in Central Excise and Customs.
· Create new posts of Assistant Commissioners/ or introduce separate Service Rules for functional requirements.
· Strengthen Audit and Preventive wings in Central Excise and Customs and Audit and survey in Service Tax.
· Abolish Control Room and Uniform for Central Excise and Service Tax.

We have gathered that C.B.E.C will undergo another round of restructuring very soon. At the time of visit to New Delhi, we have come to know that the Board is going to appoint a Committee to see the feasibility of separate Service Rules for all the Group B Gazetted and non-Gazetted Executive Officers under the Board, the Association suggested for a separate Service Rules (as discussed in the last C.E.C. after the proceedings of the meeting) to solve the problem of the ill fated Cadre. The appointment of Committee may help in this regard; But the Board has appointed a Committee headed by a Chief Commissioner without incorporating a single cadre representative. I would like to request this C.E.C to discuss over the issue and ratify the points to be forwarded in this regard.
2. To resume the inter Commissionerate transfer at the earliest,
3. To stop the direct recruitment of appraisers,
4. To stop utilizing inspectors in different nature of jobs (like D.E.O, P.A etc),
5. To provide an office room in New Delhi for The All India Organization.
6. A.C.P anomaly of 1992 batch inspectors
7. Counting of regular service for granting A.C.P and promotion.
8. Unified G.P.F account.
9. Transparent Transfer Policy
10. Abolition of control rooms and uniform in C.Ex and Service Tax.
11. Inter-Commissionerate transfers.
12. Issue instructions for transparent transfer policy.
13. Transparency and Uniformity In Allotment Of Departmental Guest Houses
14. Separate organisational set up for attending to RTI matters.
15. Stop Outsourcing/ contractorisation/ downsizing.
16. Scrap the existing LTUs and stop formation of new LTUs.
17. Stop unnecessary expenditure on advertisements and concentrate on enforcement of economic laws.
18. Provide infrastructure in terms of work place, equipments etc. in the field for executive work.
19. Grant Local Travel Expenses for Inspectors on par with Inspectors of Income Tax.
20. Grant Rummaging allowance for Officials posted in Customs area on par with the Officials of Customs.
21. Grant adequate uniform allowance for three sets of uniform for Customs work.
22. Notify the duty list of Inspectors of Central Excise.
23. Provide necessary training and incentives to staff to enable Computerisation of the department in a full-fledged manner.
The submission to the chairman is attached herewith.
REGIONAL ISSUES

Promotion in Gujrat
For no reason the promotion to the grade of Superintendent had not been exercised in the month of July, we immediately acted on this and got the promotion order after having an active support from the Board.

Gangavaram Port;
We are reiterating the detail of the last ATR : Gangavaram Port in Visakapatnam was placed under the joint control of Central Excise and Customs. The Vizag Branch has pointed out that the said port has not been included in the list in Major Ports Act; that all other minor ports are being handled only by the Central Excise; that this port is lying adjacent to the Vizakapatnam Steel Plant where Central Excise Officers are stationed while it is far away from Visakapatnam Port and accordingly stated that the control of this Port should rightfully be with the Central Excise. We have taken up the issue with the Board. Similar cases in other places also have to be consolidated and action plan decided.
At last the news received from the Board’s Office a notification is likely to come within this Month but it is not known in which form it is to be published.

Engagement of Inspectors in non-executive works:
It is observed with great concern that Inspectors are forced to do the work of other officers. Recently one such glaring example was noted in Chennai where the Inspectors working in Ranges of Tambaram Division falling under Chennai-III Commissionerate were being directed to do the data entry work of the Division. We would like to submit that Data Entry is not one of the listed work of the inspectors and to stop this immediately. We would like to mention that after the promotion of Data entry operators nothing positive had yet been done to continue the work of Data Entry. It is learnt that Tax assistants have to pass computer literacy test for their confirmation and which is as per their recruitment rule. But, no serious effort has so far been made by our department to employ tax assistants in this work. We have taken up the matter with the board.

ORGANISATIONAL FRONT

Visit and status of the Branches/Circles:
Mumbai Visit: Assistant Secretary General and Joint Secretary South visited Mumbai in the month of March ’08. Interacted with the members there and participated in the National Executive meeting of the Confederation.
Gujarat Visit: Assistant Secretary General went to Ahmedabad and Baroda and constituted preparatory committees there in the early March’ 08.
Visit to Patna: Former Secretary General and Assistant Secretary General visited Bihar in the 2nd half of March for a discussion on organizational front.
Vizag Visit : After assuming charge of Secretary General we went to Vizag to discuss about the administrative control of Gangavaram port, for the reason best known to our President the meeting could not take place, yet, we have participated in a discussion with our available members in Vizag.

THE ORGANIZATIONAL IMPROVEMENT:
Right after the Kolkata convention in September 2003 this organization made it a priority that all the units should be brought together. We under the able leadership of our former and present leadership have been able to bring almost all units barring a few together. Here is a list of developments placed for discussion:
Bihar & Jharkhand: It is a unit with whom our discussion was going on for long, though this Circle Committee under some constraint could not join the Association till date had immensely contributed for building a united organization. Now they have reached this meeting we are proud enough to accept them with folded hands. I congratulate General Secretary Patna for his strive for helping the organisation in bringing all the Cicles and branches of North India together.
Allahabad : It was our fault that we could not reach the unit for long, this unit had no reservation from the very beginning and now they have joined this organization in black and white.
Lucknow : We were not able to reach this unit also in our past days now this unit also joining this organization.
Chandigarh : The upcoming leadership is very positive and extended their support as soon as they took over charge of Chandigarh, and have expressed their willingness in joining this main stream they have submitted their consent letter to this E.C. meeting, we would like to thank this organization.
Rajashthan : Though we don’t have the contact no. of the Rajashthan Circle Secretary, different leadership of this unit were in touch with us from long, Confederation leadership in Rajasthan helped a lot in contacting the leadership, we welcome the letter of consent given by Rajasthan Circle and we welcome General Secretary Rajasthan in this E.C. meeting as our new circle Committee chief Executive.
Delhi : Spoken to Delhi General Secretary several times, willingness is there, invited in this C.E.C to join the All India Association.
North-East : We are constantly in touch with North-East but for scarcity of time we could not manage to reach there, hope this unit will be joining very soon.
KANPUR : We are in touch with old Kanpur leadership, hope this unit will also be joining within a shortwhile.
Goa : This unit had already expressed its concern for this Association and informed our president and Secretary General –in-charge that they are willing to join this organization.
Noida : a few people from Noida met with us in Delhi to solve their specific problems and we requested them to give this organization specific submission that they are willing to join this Association, which is yet to be received and none of the Branch office bearers have contacted us for the last three and a half months. It is also to discuss whether creation of another Branch is at all required within a distance of Thirty Kilometers when there is one circle committee like Delhi already exists.

I commend this report for discussion.
(KOUSIK ROY)
SECRETARY GENERAL In Charge

Circular of Confederation

On 26th of August Confederation in its National Council meeting has decided to go on an indefinite strike. Detail of the proposal placed underneath.

CONFEDERATION OF CENTRAL GOVERNMENT EMPLOYEES AND WORKERS
Manishinath Bhawan, A/2/95 Rajouri Garden, New Delhi. 110 027

Phone: 011 2510 5325 Fax 011 2510 5324 Mobile: 98110 48303

Conf/ D-11/14 /2008 Dated: 16th Sept. 2008


Dear Comrade,

Please refer to the Confederation Circular letter No.D/11/13/08 dated 27th August, 2008. As per the decision taken at the NE meeting held on26.08.08 we were to elicit suggestions from all concerned while formulating and finalizing the Charter of Demand. The last date for receipt of the suggestions was on 10th Sept. 2008.

On the basis of the suggestions so received we have now finalized the Charter of Demands. The same is enclosed.

You may kindly ensure that the Charter of Demands is popularized amongst the mass of the employees and the same is presented to the Govt. through the concerned Heads of Department on 19th Sept. 2008.

With greetings,
Yours faithfully,


K.K.N.Kutty,
SecretaryGeneral.






Charter of demand

1. Grant Rs 10000 as minimum wage as per 15 ILC Norms.
2. Grant minimum fitment benefit of 2.625 times of pre-revised basic pay to bring about uniform rise in emoluments and raise grade pay to 50% of the maximum of the pre-revised scales in respect of PB 1,2 & 3 as has been done in the case of PB 4.
3. No abolition of Gr.D. Posts and functions. Lift ban on recruitment, fill up all vacant posts and scrap screening Committee.
4. Grant 10% of pay+ Grade pay as minimum benefit on promotion or financial up gradation.
5. No outsourcing or contractorising of Govt. functions.
6. Fix the date of effect of all allowances as 1.1.2006.
7. No reduction in the commutation value and restoration of full pension after 12 years.
8. Grant statutory defined pension scheme to the employees recruited after 1.1.2004 and withdraw the PFRDA Bill from Parliament.
9. Compute the pension entitlement on the basis of notional pay as on 1.1.1996.
10. No performance related pay or bonus scheme.
11 Implement the Board of Arbitration Awards.
12. Remove the arbitrary 5% ceiling and 3 years condition on compassionate appointment and withdraw court cases and absorb all waitlisted RRR candidates.
13.Implement the revision of bonus ceiling @ 3500/- in the case of Govt. Employees: Remove adhoc bonus and replace it with the PLB and remove the 60 days ceiling.
14.Grant SDA to all employees in NE Region.
15.Revise the Transport and daily allowances as demanded by the staff side JCM National Council.
16.Remove the condition of 6 months for applying the uniform date of Ist July as increment dates.
17. ACP to be on hierarchical system obtaining in each department.
18. Retain and improve CGHS and make insurance scheme optional.
19.Implement flexitime working hours for women/disabled employees as recommended by the 6 CPC.
20.Direct all the Departmental Heads to settle 6th CPC related department specific demands/problems within a stipulated time.

Points submitted for discussion on 25.09.2008

I - PAY AND ALLOWANCES RELATED DEMANDS SEEKS IMMEDIATE SOLUTION:

ANOMALY IN FIXATION OF PAY OF 1992 BATCH INSPECTORS
A. We would like to highlight the grievances of the 1992 batch of Inspectors who draw lesser pay than their juniors on grant of ACP for the reason that they were granted ACP prior to the up gradation of the pay scale for the post of Inspectors and Superintendents with effect from 21.04.2004. We have already raised the issue with Board vide our letter AICEIA/Pay 2008/21 dated 9.7.2008 [with US Ad.IIA section]. The affected officers have represented this matter from various Commissionerate through out the country. In Ranchi, Patna the anomaly have been solved provisionally and in Coimbatore Commissionerate and Kolkata, the Commissioners initially set right the anomaly but on advice from PAO the issue was to Board. This matter demands immediate rectification as it has direct ramification in the pay fixation and consequential benefits for our cadre.

In this regard, your kind attention is invited to our letter ref. AIF/Pay/2006/64 dated 15.11.2006 & AIF/Pay/2006/11 on the above subject and Board’s letters dated 06/01/2006 and 04/01/2008 in this regard.

The facts relevant to the issue that were highlighted by our earlier correspondences are reiterated here.

1. The pay scale of Inspectors of Central Excise was revised from RS. 5500-175-9000 to 6500-200-10500 w.e.f. 21/4/2004 vides Order No.6/37/98…dated 21/4/2004, issued by the Department of Expenditure.

2. By the same Order, the pay scale of Superintendent of Central Excise, the immediate hierarchical post of Inspector was revised from Rs. 6500-200-10500 to Rs. 7500-250-12500 w.e.f. 21/4/2004.

3. A large number of Inspectors have received 1st /2nd financial up gradation under the ACP scheme on completion of 12/24 years of service in the year 2004.

4. The upward revision of pay scales with effect from 21/04/2004 has given rise to anomalies in fixation pay of Inspectors getting their ACP before and after 21/4/2004.

5. In respect of Inspectors who were granted ACP before 21/4/2004, the pay was fixed in the pre – revised scale of the Superintendents viz. 6500-200-10500 and on 21/4/2004 their pay was fixed at Rs. 7500/-.

6. In respect of Inspectors who were granted ACP after 21/4/2004, the pay was fixed in the revised scale of. Superintendents viz. Rs. 7500-250-12000 at Rs. 7750/-.

7. Owing to the above, a large number of Inspectors all over the country are drawing lesser pay that their juniors

8. Almost in all cases, deprived Inspectors have represented to the competent authority, but to no result.

9. The CBEC vide letter ………dated 06/01/2006 and 04/01/2008 has clarified
“that no anomaly is recognized where pay is fixed under ACP scheme which is purely personal to the employee and has no relation to seniority of the employees. Despite there being existence of specific Government Instructions, the senior Inspectors are not provided the pay safeguard. Further the seniority has no relevance in ACP Scheme.”

10. We are constrained to say that the above clarification is not legally or factually correct for the following reasons;

(a) The anomaly in pay highlighted by the Association has not been caused by ACP but due to the up-gradation of pay scale of Inspectors and Superintendent.

(b) The same problem could have arisen in the case of promotion also.

(c) The situation highlighted is a unique one and is not covered by any of the clarifications issued by the DOPT with regard to the ACP scheme. As stated above the problem does not pertain to the implementation of ACP scheme and hence the remedy lies elsewhere.

(d) In this regard, attention is invited to Note 9 to Rule 7 of CCS (Revised Pay) Rules, 1997. The note contemplates stepping up of pay on par with that of the junior in a case where the senior is getting promotion before revision of pay-scales and junior after revision of pay-scales if the following conditions are satisfied


· Both the senior and the junior employees should belong to the same cadre and the posts in which they have been promoted should be identical in the same cadre,

· Pre-revised and revised scales of pay of the lower and higher posts in which they are entitled to draw their pay should be identical,

· The senior should draw at time of promotion pay equal to or higher than that of the junior,

· The anomaly should be directly due to application of FR 22 or any other Rule regulating pay-fixation on promotion in the revised scale,

· In cases, where junior draws more pay in pre-revised scales by virtue of advance increments granted to him the anomaly will not arise.

11. It is submitted that Note 9 to Rule 7 referred to above covers the instant case.
12. In terms of the above provisions we find that the Inspectors getting ACP benefit before 21/4/2004 and senior to Inspectors getting ACP benefit after 21/4/2004, are eligible to get the pay safeguard.

B. FIXATION OF PRE REVISED PAY SCALE FROM 01.01.1996:
The VI CPC has vide its recommendation in para No:7.15.16 under the chapter of Ministry of Finance, given its observation regarding granting of Scale of 6500-10500 for Inspectors/ Equivalent retrospectively from 1-1-1996. The pay commission has stated that unless a clear-cut and manifest anomaly that cannot be corrected other than through such retrospective revision is made out, it cannot be considered. In this regard a comparative chart is enclosed giving an insight into the pay scale that would be drawn by the Inspector of CBI and the Inspector of Central Excise as on 1-1-2008 (as per the recommendations of the VI CPC). The worksheet doesn’t incorporate the recommendations of the VI CPC for a higher scale of Rs. 7450-11500 for the Inspectors of CBI. Nor does the worksheet take into account the scales of Inspectors of CBI were revised from 1986 itself. Thus even on a very moderate calculation, there would be a difference of about Rs. 2,500/- between the Basic pay of an Inspector of CBI and an Inspector of Central Excise and increasing, if both the persons had joined the respective cadres on 1-1-1996 on the same basic pay of 6500-10500. This work sheet holds good in respect of a comparison of basic pay between Inspectors of Central Excise and its comparable cadre in the IA & AD also.

A comparative Chart of the Basic Pays of Inspectors in CBI and Central Excise as on 01/7/2008 in terms of Revised Pay Rules 2008
Year (as on 01 Jan.)

A comparative Chart of the Basic Pays of Inspectors in CBI and Central Excise as on 01/7/2008 in terms of Revised Pay Rules 2008


NOTE: The Basic Pay of Inspectors of Central Excise was upgraded on 21/4/2004
From the above it is evident that the above anomaly is clear-cut and manifest and cannot be corrected other than through a retrospective revision of the scale of Inspectors of Central Excise w.e.f. 1-1-1996. Hence it is requested that the Govt. may be urgently urged upon to grant this retrospective effect w.e.f. 1-1-1996 and set right the anomaly. This also automatically solves the problem placed in “A” above.

C. CLARIFICATION REQUIRED FOR NON-FUNCTIONAL SELECTION GRADE:
In the revised pay rules under Department of Revenue the Income Tax Officers/ Superintendents of Customs & Central Excise have been placed in Pay Band PB-2 with grade pay Rs. 4800 to be upgraded to Grade Pay Rs. 5400 after 4 yeas in the post. Hence, it is conferred from the above that the Revised Pay Structure of the Superintendents is Rs. 7500- 12000 with the Grade pay of Rs. 4800 for the first 4 years and thereafter at the Grade pay of Rs. 5400 (against the pay scale of Rs. 8000-13500) in the same Pay band viz. PB-2. Under the ACP scheme, the Inspectors who are Group B officers are upgraded to the pay scale of the next higher post viz., Superintendent and as the pay scale of Superintendents changes after 4 years, it automatically follows that such Inspectors would be placed in the pay scale of Rs. 7500- 12000 with grade pay of Rs. 4800, initially for 4 years, and then will move to the pay scale of Rs. 8000-13500 with grade pay of Rs.5400. It is pertinent to mention that when the Superintendents are upgraded to the pay scale of Rs. 8000-13500, there is no change in name and they continue to remain Superintendents. The above view is also in conformity with the Para X (a) of the Resolution dated 9.8.2008 issued with the 6th Pay Commission which states that the Group B officers of Department of Revenue who have put in 4 years of regular service in grade pay of Rs. 4800- in PB2 will be granted Grade Pay of Rs. 5400 in PB2 on non functional basis. We would like to ask Board to issue clarification on the above line to place the senior Inspectors who have got their A.C.P. and reached Rs. 7500- scale for the past 4 years to be placed in Rs. 8000- scale with grade pay Rs. 5400.

D. (B) PROPER ALLOWANCES FOR UNIFORM, RUMMAGING, RISK AND LOCAL TRAVEL EXPENSES.
The following legitimate requirements are required to be met in the interest of the department’s morale and in terms of equality:
· Grant of proper equipment and maintenance allowance for three sets of uniforms for personnel in Customs.
· Grant of Rummaging allowances for Officials posted in Customs area on par with the Officials of Customs.
· Grant of Local Travel Expenses for Inspectors on par with the Inspectors of Income Tax.
· Grant of Risk Allowance for Inspectors of Central Excise considering the risks attached to their duties and responsibilities.
Neither the 6th CPC report nor any of the OMs issued since thecabinet decision on CPC Report specifically addresses the point of Uniform Allowances for the Central Excise, Service Tax and Customs officers. It clearly demonstrates the fact that government puts no importance towards continuance of Uniform in these services and hence it is time to issue necessary orders abolishing Uniform, which has become an ornament for the non-uniformed higher officers in the form of irregular protocol duties.

II - FUNCTIONAL NEEDS:
A - STEPS TO BE TAKEN FOR REMOVAL OF ACUTE STAGNATION IN INSPECTOR CADRE.

Even after the restructuring of the department in 2002, the level of stagnation in the cadre of Inspectors of Central Excise has not reduced. This is inspite of the fact that one of the stated objectives of the restructuring was to take care of stagnation. Even today there are Inspectors who have completed 20 years of service as Inspectors and have not yet got even the first promotion in their career. Considering that the promotion of an Inspector as Superintendent itself is nothing substantial in one’s career given the fact that only one increment would be the difference after such a long innings. The non-availability of even such a small change in one’s social ladder has not been addressed. The regional imbalances within the Central Excise Zones and between Central Excise and Customs are alarming that they would evidence total neglect of personnel management in the CBEC.

At the time of our visit to New Delhi, we have come to know that the Board is going to appoint a Committee to see the feasibility of separate Service Rules for all the Group B Gazetted and non-Gazetted Executive Officers under the Board. This association hopes that the appointed Committee would suggest concrete steps in this regard. We request you to invite us for a discussion at the earliest.

B - ABOLITION OF CONTROL ROOMS AND UNIFORM IN C.EX AND SERVICE TAX.
Even while preaching an assessee friendly approach and change in mind set of the staff of the department, the CBEC itself firmly stands rooted to its colonial past. After the liberalization of excise and customs laws there is absolutely no justification to maintain Control Rooms and that too at a very high cost. Similarly, Uniform in Central Excise has become irrelevant and more of a mockery after the liberalization of Excise laws and introduction of Service Tax as the main base for indirect inland tax. The Kelkar Committee on Indirect Taxes (2002) specifically recommended abolition of uniform in Service Tax and Central Excise, but the department is yet to overcome the protocol euphoria with a uniformed officer.
We envisage that to update the mind of the department, the first two steps need to be put ahead to keep up with the time, is to abolish ‘Control Room’ which has lost its sanctity with suppression of the Central Excise Rules 1944 with the Central Excise Rules 2002 and further replacement of the departmental ‘Preventive Manual’ with the ‘Anti-Evasion Manual’. Unfortunately, it appears that Board itself is unsure of the Government initiatives and its own intentions and continues to pamper an environment that helps continuance of Control Rooms just to greet the officers and play to their egos day in and day out.
As for Uniform and protocol duty, even when it is an open fact that the assessees despise uniform, officers often insist on wearing uniform to threaten the assessees and misutilise the situation arising. Despite several representations from our side the most disturbing part in the matter is that the Board is unwilling to acknowledge the fact that the ‘Control Raj’ is over and any reminiscence of it only helps the cursed side of the raj.

It is ardently requested to close ‘Control Rooms’ and abolish uniforms in Service Tax and Central Excise.

C- REVISION OF PROMOTION QUOTA BETWEEN SUPDTS OF CENTRAL EXCISE AND SUPDTS OF CUSTOMS TO POSTS OF ASSISTANT COMMISSIONERS AS PER PRESENT CADRE STRENGTHS.

The ratio or 6:1:2 for promotion of Superintendents of Central Excise, Customs and Appraisers to the cadre of Group ‘A’, was fixed much before the 2002 restructuring of the department. Due to the change in the composition of the cadres after the re-structuring the ratio ought to have been revised.

D- MERGER OF EXCISE AND CUSTOMS.

A policy decision to merge the Group ‘B’ and ‘C’ cadres of Excise and Customs was taken by the CBEC in the year 1996 itself. But till date it has not been implemented. The non-implementation of the Board’s own decision even during the re-structuring in 2002 has served to give only a bleak picture. Hence the merger has to be effected with effect from 1996.
In the event of the above not being implemented from the date of the decision, in order to bring down the disparities in promotional avenues within the Excise zones and between Excise and Customs in CBEC, the feasibility of making amendments to the Group ‘A’ Recruitment Rules to make the total length of service from the cadre of Inspector as the criteria for promotion to the cadre of Superintendents (since the post of Superintendents are 100% by promotion alone) has to be examined.

E- INTER-COMMISSIONERATE TRANSFERS.

Inter-Commissionerate transfers had been abolished by the CBEC thus prohibiting citizens in Government Service from opting to serve in any other part of India. Recruitments after 1997 are being done only on the basis of All India Ranking in the SSC Exam and postings are given to various parts of the country. In such a situation revival of inter-commissionerate transfers on request or alternative mechanism instead of the deputations as at present to enable persons to get transferred to any place in India due to personal problems has to be envisaged. It has also to be emphasized that initial postings should be done on the basis of the residential addresses of the candidates to ensure least difficulty due to the All India posting. To enable this requisition for dossiers may be made by the CBEC itself once in six months.

F- JCMS AT COMMISSIONERATE and at the DEPARTMENTAL LEVEL.

An amicable, open and transparent working relationship within the office is a fundamental requirement for good governance/ administration. The 3-tier JCM (Joint Consultative Machinery) scheme was introduced by the Union Government only to cater this need. An open discussion forum like the JCM meetings with the staffside ensures the wholehearted participation of the staff in achieving the targets of the department. Apart from that, only a transparent administration could ensure that vested interests do not succeed in controling the administration.
Sadly, none of the 3-tiers of the JCM is working in a timely and proper manner in our department, with meetings not held in the department as also in many of the Commissionerates. This is creating divides between the administration and the staff side in such Commissionerates. Specific order has already been issued in this regard. We request you to ensure that J.C.Ms are held periodically in all Commissionerates and in the Departmental level.

G - TRANSPARENT TRANSFER POLICY.

Guidelines for proper transfer policies, in the light of changes effected over a period of time and to ensure transparency in administration, are required to be issued at various levels. Towards that, the CBEC is required to issue broad Guidelines to its formations so that, at the Commissionerate levels and zonal levels, transfer policies are evolved by the local administrations in consultation with the staff representatives.
H. "COMPASSIONATE APPOINTMENTS:
We would like to request our chairman for one time relaxation in providing compassionate appointments. We would like to inform to our Chairman that in CBDT last month all the pending compassionate appointment cases has been cleared [right from applicants who had deceased in the 1990s] and provided them with suitable posts in Income Tax offices. You would be aware that in some Commissionerates despite our relentless persuasion for this cause many of the applications for compassionate appointment of the deceased family has been turned down on the plea that DOPT issued one instruction in 2003 wherein they have prescribed for termination of the applications for compassionate appointment within a span of 3 years, we request that 3 years time limit has to be withdrawn at least once. We would like to inform that barring a few Commissionerate no realistic exercise or committee were formed to explore the compassionate applicants cases and the cadre association had not been taken into confidence; therefore, denial of appointment on the basis of DOPT instructions issued in 2003 seems reprehensible. Hence, all the applicants who were in the compassionate applicants list and not provided appointment should be considered giving one time relaxation and such applicants may be provided immediate appointment. Hope you would appreciate the importance of the above point and take up the issue in a sympathetic consideration and all pending cases may be provided with an appointment on compassionate ground rather than restricting or removing applicants based on 3 years expiry etc.

I- TRANSPARANCY AND UNIFORMITY IN ALLOTMENT OF DEPARTMENTAL GUEST HOUSES.

Non-inclusion of the staff representatives in the management of the accounts of the Customs Welfare Fund gives room for various misgivings among the members of the department. Even in respect of the maintenance of guesthouses of the department,
for which funds are released from welfare fund, in very many places there is an unwritten code that the guest house is not to be allotted to non-Group ‘A’ Officers or even if allotted gets cancelled at the last moment due to a subsequent accommodation of ‘Senior Officers’. Such practices demoralize the members of the staff and their family members due to such discriminatory treatment. The CBEC should issue strict instructions that allotment of Departmental Guest Houses should be made in a transparent manner and on a first come first serve basis without relation to the class/cadre of the seeker.
Instructions also should be issued to ensure participation of Staff representatives of all Cadres in the CBEC in the management of the Customs Welfare Fund.

J- ISSUE OF UNIQUE GPF ACCOUNT NUMBERS.
Allotment of unique GPF account numbers to persons serving in the CBEC is required to avoid the problems of missing credits during transfers from one PAO zone to another. The following points may provide some substance to our demand:
In the present G.P.F account numbering system all the officers had to apply for change of G.P.F account number after every 2-4 years under one seniority Zone. So, in transit a good no. of officers are loosing their balance and interest every year and also suffering from inordinate delay in getting their most urgently required GPF advances/ withdrawals.

Under one seniority Zone (which is likely to be most feasible parameter) a single G.P.F. Account No. should be allotted to every employee. All the Pay and Accounts Offices under the said seniority zone should operate under one Deputy Controller of Accounts. In this way frequent change of Account Number can be stopped and loosing of balance and interest will go away perpetually. This will also do away with the inordinate delay in transferring G.P.F balance and the harassment faced by the officers at the time of G.P.F. withdrawal.

Another option would be allotment of 10 digit unique GPF account number which can be loaded on a server maintained by the Pay and Accounts Offices like the SAPS/ SACER system adopted by our Department for registration of the Assessees, wherein the first three digits would be for the Department code, the next two digit would be for the Seniority Zone code, the next one digit would be for the Commissionerate code (this may be optional), next four digit would be for unique serial number or existing account number of officer within the Seniority Zone.

· Illustration: GPF A/c No. 1234567890
· 123 - Department Code
· 45 - Seniority Zone code
· 6 - Commissionerate code
· 7890- Existing account number of officer within the Seniority Zone

The necessity of secured online transfer of GPF Account Balance from one PAO Office to other like the banking industry is the need of the day. This is doable as the PAO Offices in our Department are fully Computerised and are equipped with internet facility.

K- SEPARATE ORGANISATIONAL SET UP FOR ATTENDING TO QUESTIONS UNDER THE RTI ACT.

Numerous petitions are filed every day by various persons requiring information from the department, under the Right to Information Act. It is extremely important to give the correct information and only the correct information in every case. Since the RTI Act is a new one and decisions are coming out daily, separate sections may be envisaged especially in the hdqrs to assist each Public Information Officer so that the correct position in law could be adhered to, while making available the desired information. Such a formation with willing and trained officers would ensure that unscrupulous elements do not take advantage of the Act to create nuisance to the department or to thwart investigations and adjudication of cases.

L - RISK INTELLIGENCE NETWORK MECHANISM AT COMMISSIONERATE LEVEL TO INTER-CHANGE DATA RELATED TO DIRECT AND INDIRECT TAXES TO INVESTIGATE IN PROFESSIONAL METHOD.

A machinery/mechanism to share, correlate, develop and utilise data pertaining to Indirect taxes and direct taxes at the level of Commissionerate level offices would enable broad based investigations in the department.

M - INFRASTRUCTURE FOR FORMATIONS.

Provisions for proper infrastructure like furniture in offices, vehicles for executive work and computers to enable smooth implementation of computerization are required to be made.
In the light of the transfer liabilities, the satisfaction limit in the case of executive officers in respect of residential accommodation should be made as 100%.

N - PERIODICAL TRAINING ON ALL FIELDS OF ACTIVITIES.

Periodical refresher courses and training programmes are mandatory for enabling a change in the mindset as well as effective implementation of the ever-changing laws.

O - DUTY LIST FOR ALL OFFICIALS SERVING IN CBEC.

Clear demarcation of duties to each cadre is required, in the light of changing laws and cadre compositions, and also in the light of the study undertaken at the instance of the VI Pay Commission regarding the feasibility of introducing Performance Related Pay in the department.
Though the oft-repeated excuse for not having a duty list is that every one should be prepared to do any work in an organization, the actual practice of a no-man’s land would lead to utter lawlessness and perpetuate feudalism.
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