Friday, October 3, 2008

TRICHY ATR

Posted by Secretary General on 2:47 PM with No comments
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

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