medical Assistance from Welfare fund

The Officers working in various Officers under Central Board of Excise and Customs (CBEC) should be aware of the medical assistance which can be sanctioned from Customs and Central Excise Welfare Fund.  This Scheme is available for the Officers and staff working under CBEC for claimingfinancial assistance for Medical expenses. 

This scheme can be used for claiming the amounts that have been spent by the Officer but either rejected by the Department for settlement, or the portion amount which was not sanctioned out of total expenditure. 

The sanction of such financial assistance is made from “Customs and Central Excise Welfare Fund”.  The Officers are requested to furnish the request within 3 months from the date of settlement of his claim under Medical Attendance Rules or CGHS Rules.  However, in exceptional cases, request can be forwarded even after the prescribed limit, after explaining reasons for delay in submission.  

There are minimum amount of financial assistance fixed for various Category of Officers, which is Rs. 10,000 for Group A Officers, Rs. 5,000 for group B Officers, Rs. 3,000 for Group C Officers, Rs. 1,000 for group D Officers.

Financial assistance is admissible only to the Officer/staff, his/her unemployed spouse and dependent children.  This Scheme  is NOT admissible to other dependents, including dependent parents. 

There are ceiling Limits for maximum financial assistance in a career of an Officer –  In case of dependent children and spouse(unemployed), the Officer/staff is entitled to financial assistancewith an overall cap of Rs. 7.5 Lakhs in the entire career.  However, there is no limit on the amount of financial assistance for departmental officials.

Assistance for expenses on maternity/termination of pregnancy is not admissible under this scheme  to Officer /staff having more than two surviving children.

No financial assistance is admissible to Retired Officers.

This scheme imposes certain mandatory reductions on room charges and sundry expenses.  For full details, refer to the detailed guidelines.

                There are ceiling on Room charges for in patient treatment as follows :

Category	Type of Room	Rent per day
Group ‘A”	Single Room	Rs. 4,500/-
Group ‘B”	Twin sharing	Rs. 3,000/-
Group ‘C’ and ’D’	Multi bed/ general ward	Rs. 1,500/-
All Categories	ICU	Actuals

                Detailed procedure for submission of proposals, method of scrutiny, recommendation and forwarding to the advisory committee administering the Welfare fund, checklists for processing the claims, are given as follows.  You can download the same as pdf file by using the following link.

Download Rules and Regulations for Medical Assistance from Welfare Fund of CBEC

TEXT OF PROCEDURES FOR MEDICAL ASSISTANCE UNDER WELFARE SCHEME FOR STAFF UNDER CENTRAL BOARD OF EXCISE AND CUSTOMS

GUIDELINES FOR FINANCIAL ASSISTANCE FOR MEDICAL EXPENSES :

CONSOLIDATED GUIDELINES :

(i)  Admissible Financial Assistance

Financial assistance shall be admissible for portion of expenses on treatment which are non reimbursable under the CS(MA)/CGHS Rules.

(ii) Time Limit for submission of proposal

• The Individual has to request within 3 months of settlement  of claims when part of the claim is settled under CS(MA)/CGHS Rules.  The Commissioners/HODs should forward the proposal within a period of one month of receipt of the request.
• The time limit for requesting for financial assistance by the individual  and for forwarding  the proposal by the Commissioner should be strictly observed.
• Proposal submitted after the prescribed time limit :  Reasons for delay in submission of proposal by the applicant/Commissionerate should be given.

(iii)  For continuous treatment :

In cases of continuous treatment only one time financial assistance should be considered and normally no subsequent request should be entertained unless thee are extreme compassionate grounds.

(iv)  Minimum amount for Financial Assistance :

The following minimum amounts of financial assistance to be proposed for sanction have been fixed :

Group ‘A”	Rs. 10,000/-	Group ‘C’	Rs. 3,000/-
Group ‘B”	Rs.   5,000/-	Group ‘D’	Rs. 1,000/-

(v)  Coverage of Financial assistance :

Financial assistance is admissible only to the Officer/staff, his/her unemployed spouse and dependent children.  No Financial Assistance is admissible to dependents, including dependent parents. 

(vi)  Ceiling on amount of Financial Assistance.

 In case of dependent children and spouse(unemployed), the Officer/staff is entitled to financial assistance with an overall cap of Rs. 7.5 Lakhs in the entire career.  However, there is no limit on the amount of financial assistance for departmental officials.

To monitor the maximum overall cap of Rs. 7.5 Lakh for the treatment of dependent children and spouse (unemployed) of the Officials, the following procedure should be followed.

1.  Entries in the Service Book of the Officer/staff of the financial assistance for medical expenses from the Welfare fund are required to be made.  To computerize/monitor the details by the Directorate of Logistics, the Commissioner, while forwarding the proposal shall certify that the name of the officer is as per the Service Book and also give details regarding change of name, if any,
2. The Commissioner while forwarding the requests of financial assistance for medical expensesshall send the details of financial assistance hitherto granted to the Officer/staff in his entire career as per the Service Book and details of proposals in respect of that Officer if any pending with the Directorate.  The commissioner should also enclose certificate to this Effect from the Officer/ Staff in the proforma given at Annexure III.

(vii) Expenses on maternity/termination of pregnancy in emergencies would not be admissible to Officer/staff having more than two surviving children.

(viii) No financial assistance is admissible to retired Officers/staff.

(ix)  Mandatory deductions :

On Room Charges :

1. 25 % of the non reimbursable room charges are deducted in cases when room charges are shown separately.
2. In caes of reimbursement under package deal (room charges are included in the package rates), a sum of Rs. 500/- per day is deducted.

On Sundry charges :-

Full deduction on sundry expenses.

Overall Deduction : After deduction, on account of the non reimbursement room charges and sundry charges a further deduction of 25 % of the remaining non reimbursement expenses is made to arrive at the final amount admissible for financial assistance from the welfare fund.

(x)  Waiver of deductions :-  There will be full waiver of the amount an account of mandatory deduction in the following cases :-

(a)   illness or accidents resulting in death of the Official
(b) illness or accidents resulting in serious physical or mental infirmity, which incapacitates the official for further service.
(c)  A partial bodily or mental infirmity or handicap like loss of vision/hearing/limbs.  In such cases, a minimum physical handi9cap to the extent prescribed for qualifying a person for consideration for employment under PH Quota, may justify the waiver.

(xi) Ceiling on Room charges :  the ceiling on room charges (category-wise) have been fixed as given below for grant of financial assistance :

Category	Type of Room	Rent per day
Group ‘A”	Single Room	Rs. 4,500/-
Group ‘B”	Twin sharing	Rs. 3,000/-
Group ‘C’ and ’D’	Multi bed/ general ward	Rs. 1,500/-
All Categories	ICU	Actuals

(xii)  Submission of proposal

1.  Certificates in the prescribed proforma, duly certified by the Commissioner/HOD should accompany the proposal  showing break up of amount spent, amount reimbursed and amount non reimbursable category wise (cost of treatment etc., room charges and sundry charges).
2. Each proposal should be scrutinized and recommended by the Advisory Committee, headed by Commissioner/Director and having one representative each from Group ‘A’ to ‘D’ Officials, before it is sent to the Directorate of Logistics.  The proposals received without recommendation of the Advisory Committee would not be placed before the governing body.

1. Checklist for sending proposals

Photocopies of the requisite documents as listed in the check list should be enclosed with the proposal.

CERTIFICATE

(  to be submitted with the proposal for grant of Financial Assistance on non reimbursable medical claims)

1. Certified that the proposal for financial assistance has been recommended by the Advisory Committee constituted in this office for this purpose.
2. Certified that a sum of Rs. ————– has been earlier sanctioned to the individual as Financial Assistance from the Welfare Fund for medical expenses for spouse and dependent children and the details thereof have been entered in the individual's service book. Further, ————- number of proposals of Financial Assistance are pending (give details) with Directorate of Logistics.
Note : The amount of financial assistance to staff/employee should not be included in above certificate 
3. Certified that the name of the officer is as per the service book (in case of change of name, details may be given.)
4. Certified that the number of surviving children are less then two.
   Note: This certificates required only in cases of grant of Financial Assistance on the non reimbursable expenses on the maternity expenses or termination of pregnancy. 
5. Certified that the spouse of employee/officer is non working.

Note : This certificate is required only where financial assistance is sought for medical expenses of spouse.
6. Details of medical expenses reimbursed and not reimbursed are as under :

No. of days for which room rent paid for stay in other than ICU/CCU

Details of the Claims	Total Amount Spent	Amount reimbursed as per CS(MA) rules	Amount Non-Admissible
Cost of treatment (Doctor's fees, Medicines, Test, Procedure etc.
ICU/CCU charges
Room Charges other than ICU/CCU
Sundry Charges (Viz Telephone bills, guest room charges, food, conveyance, diet, Ambulance etc.)
Total

Signature of Commissioner/
Head of the Department 
Name

CHECKLIST FOR PROPOSALS FOR GRANT OF FINANCIAL ASSISTANCE
OF EXPENSES ON TREATMENT :

CHECK THAT :

1. Copy of request letter of the applicant is enclosed
2. Claim has been settled under CS(MA)/CGHS Rules.  Copy of sanction order/sanction for reimbursement of medical claim under CS(MA)/CGHS Rules has been enclosed.
3. Copy of bills/vouchers of medical expenses submitted with the medical claim have been enclosed.
4. Proposals has been submitted within prescribed time limit.
5. In case of proposals submitted after the prescribed time limits, justification for condonation of delay have been given.
6. The following certificates are required in annexure III have been furnished.

• Advisory Committee recommendation.
• In case financial assistance is sought for medical expenditure incurred on dependent children and spouse, amount of financial assistance received by the applicant earlier from the Welfare Fund for the medical expenses incurred in treatment of dependents.
• In case financial assistance is sought for medical expenditure incurred on treatment of  spouse, a certificate that the spouse of employee/Officer is not working any State/Central Govt, Banks, PSUs, Private Organisations or is self employed etc.
• In case financial assistance is sought for medical expenditure incurred on child birth, certificate that the number of surviving children is not more than two.

Disciplinary cases- II stage consultation with CVC dispensed with.

 The Government had constituted a Group of Ministers (GoM), on 6th January, 2011 with the approval of the Prime Minister to consider measures that can be taken by the Government to tackle corruption. One of the terms of reference (ToR) of the GoM was to consider and advise on “Fast tracking of all cases of public servants accused of corruption ‘. The GoM, while considering this (T0R) also considered certain important recommendations of the Hota Committee (Committee of Experts to review the procedure of Disciplinary/Vigilance Inquiries and recommended measures for their expeditious disposal) and decided that second stage consultation with CVC in disciplinary matters may be dispensed with. However, in those cases where consultation with UPSC is not required as per extant rules/instructions, the second stage consultation with CVC should continue.

The above recommendation of the GoM has been accepted by the Government with the approval of the Prime Minister. All Ministries/Departments are, therefore, advised to strictly adhere to the new procedure with immediate effect.

The Central Vigilance Commission has been separately requested to amend its Vigilance Manual and other relevant instructions accordingly.

Proposed Recruitment Rule of Group A Officers

ANNEXURE III

Form to be filled by the Ministry/Department while forwarding proposals to the Department of Personnel and Training and the Union Public Service Commission for amendment of approved Recruitment Rules.

1. (a) Name of the Post:	Indian Customs & Central Excise Service Group 'A'
(b) Name of the Ministry/Deptt.:	Ministry of Finance, Department of Revenue
2. Reference No. in which Commission's advice on Recruitment Rules was conveyed.	Number.
3. Date of notification of the original rules subsequent amendments (copy of the original rules & subsequent amendments should be enclosed, duly flagged and reference:	G.S.R. (E) 794 dated 17.09.1987 G.S.R. (E) 343 dated 03.07.1992 G.S.R. 77 dated 23.03.1998

Col. No. of the Schedule	Provisions in the approved/ existing rules	Revised provisions proposed	Reasons for the revision proposed
2.	Rule -2 Definitions: - There is no definition of OBC in the earlier Rules.	Rule -2 Definitions: - In the revised rules, the following definition of OBC may be incorporated. “OBC means other backward classes having the same meaning and applicability as laid in Department of Personal & Training O.M. No. 36012/22/93-Estt (SCT) dated 8th September, 1993 as amended from time to time.	As required for reservation of OBC in direct recruitment in pursuance of the DOPT Order no. O.M.No. 36012/22/93 dated 8.9.93(order no. 1)
3.	Rule-10:- Age and educational qualifications: The educational qualification and the age-limit for direct recruitment to posts in Grade VI of the Service on the results of the Examination shall be as specified in Schedule III. The age limit for the direct recruitment to the post in grade VI of the service on the results of the competitive examination is given at point no.2 of the Schedule III, wherein it has been mentioned that “the candidate must have obtained the age of 21 years but must not have attained the age of 26 years on the first day of August of the year in which the examination is held.”	Rule 10:- Age and educational qualification: As per the Rule 10, the age limit and educational qualification in the direct recruitment in Grade VI of the service on the results of the examination were specified in schedule III. The age limit for the direct recruitment to the post in grade VI of the service on the results of the competitive examination is given at point no.2 of the Schedule III, wherein it has been mentioned that “the candidate must have obtained the age of 21 years but must not have attained the age of 30 years on the first day of August of the year in which the examination is held with applicable age relaxation to the SC, ST and OBC candidates”.	As per. GOI., Dept of Per.& Trg, Ministry of Personnel, Public Grievances and Pensions Gazette of F.No.15012/6/98-Estt(D)dated 21/12/1998.& F.No.13018/3/2011-AIS(I) dated 19TH February 2011
4.	Rule-11 Attempts at the Examination: - No candidate who does not belong to a Scheduled Caste or a Schedule Tribe or who is not covered by any of the specified exceptions notified by the Government of India in the Department of Personnel and Training, from time to time, shall be permitted to complete more than three times at the Examination.	Rule 11:- Attempts at the Examination: - No candidate who does not belong to a Scheduled Caste or a Schedule Tribe or a OBC or who is not covered by any of the specified exceptions notified by the Government of India in the Department of Personnel and Training, from time to time, shall be permitted to complete more than Four times at the Examination.	GOI., Dept of Per.& Trg, Ministry of Personnel, Public Grievances and Pensions Gazette of F.No.13018/3/2011-AIS(I) dated 19TH February 2011 and O.M. No. 36012/22/93 dated 8.9.93
5.	Rule 15 (1):-After every Examination the names of candidates shall be arranged by the Commission in the order of merit as disclosed by the aggregate marks finally awarded to each candidate and in that order so many candidates as are found by the commission to be qualified on the basis of examination and interview shall be recommended for appointments up to the number of unreserved vacancies decided to be filled on the results of Examination	Rule 15 (1):-After every Examination the names of candidates shall be arranged by the Commission in the order of merit as disclosed by the aggregate marks finally awarded to each candidate and in that order so many candidates as are found by the commission to be qualified on the basis of examination and interview shall be recommended for appointments up to the number of unreserved vacancies decided to be filled on the results of Examination, the candidates of OBC category recruited on the basis of merit on the same standard as for general candidates will not be adjusted against the reservation.	As required in case of reservation of OBC in direct recruitment in pursuance of the DOPT Order no. O.M.No. 36012/22/93 dated 8.9.93(order no. 1) & amended vide O.M.No.36011/6/2010-Estt (Res)dated 25th June 2010
6.	Rule 15(2):- Candidates belonging to the Scheduled Castes or the Scheduled Tribes may, to the extent the number of vacancies reserved for the Scheduled Castes and the Scheduled Tribes cannot be filled on the basis of the general standard, be recommended by the Commission by a relaxed standard, to make up the deficiency in the reserved quota, subject to the fitness of these candidates for appointment to the Service	Rule 15(2):- Candidates belonging to the Scheduled Castes or the Scheduled Tribes or OBC may, to the extent the number of vacancies reserved for the Scheduled Castes, Scheduled Tribes or the OBCs cannot be filled on the basis of the general standard, be recommended by the Commission by a relaxed standard, to make up the deficiency in the reserved quota, subject to the fitness of these candidates for appointment to the Service.	O.M.No.36011/6/2010-Estt (Res)dated 25th June 2010 .
7.	(1) Rule 15 (3),15 (4), 15 (5).:- (3)If a sufficient number of candidates who are members of the Scheduled Castes or the Scheduled Tribes, are not available for filling all the vacancies so reserved, the vacancies not so filled shall be filled by appointing candidates not belonging to the Scheduled Castes or the Scheduled Tribes qualified by the standard specified by the Commission for service and an equivalent number of additional vacancies shall be reserved for candidates belonging to the S C or the Scheduled Tribes to be filled on the results of the next Exam. (4)If at the Examination, sufficient, number or candidates belonging to the Scheduled Castes or the Scheduled Tribes is not available for filling all the vacancies reserved for them including those cared forward under sub-rule (3) above, the vacancies so remaining unfilled shall be filled by appointing candidates not belonging to the Scheduled Castes or the Scheduled Tribes qualified by the standard prescribed by the Commission for the Service, an equivalent number of vacancies shall be carried forward to the next Exam. (5)Notwithstanding anything contained in sub-rules (3) and (4) above no vacancies reserved for the Scheduled Castes or the S T shall be carried forward to any year of the Exam. a) to such an extent that the total number of vacancies so carried forward together with the vacancies reserved for candidates who are members of the Scheduled Castes and the Scheduled Tribes for that year exceeds 50% of the total vacancies in that year; or b) If such vacancies, which are to be carried forward continuously remained unfilled for a period of three recruitment years;	Rule 15(3),15(4),15(5):- (3). “(i) Where sufficient number of candidates belonging to SC/ST/OBC are not available to fill up the vacancies reserved for them in direct recruitment, the vacancies shall not be filled by candidates not belonging to these communities. In other words, there is a ban on dereservation of vacancies reserved for SCs, STs and OBCs in direct recruitment. (4) If sufficient numbers of suitable SC/ST/OBC candidates are not available to fill up vacancies reserved for them in the first attempt of recruitment, a second attempt shall be made for recruiting suitable candidates belonging to the concerned category in the same recruitment year or as early as possible before the next recruitment to fill up these vacancies. If the required number of SC/ST/OBC candidates are not even then available, the vacancies which could not be filled up shall remain unfilled until the next recruitment year. These vacancies will be treated as "backlog vacancies." (5) In the subsequent recruitment year when recruitment is made for the vacancies of that year (called the current vacancies), the backlog vacancies of SCs, STs and OBCs will also be announced for recruitment. While doing so it may be kept in view that the vacancies of the particular recruitment year i.e. the current vacancies and the backlog vacancies of OBCs will be treated as one group and backlog vacancies of SCs and STs as a separate and distinct group. Thus, there will be two distinct groups of vacancies. One group will contain the current vacancies and the backlog vacancies of OBCs, and the another group will contain backlog vacancies of SCs and STs. While in respect of vacancies in the first group instructions that not more than 50% of the vacancies can be reserved in a year will apply, all the backlog vacancies reserved for SCs and STs will be filled up by the candidates belonging to concerned category without any restriction whatsoever as they belong to distinct group of backlog vacancies of SCs and STs. (i) If vacancies reserved for SCs /STs/ OBCs cannot be filled up and are carried forward as backlog vacancies and remain unfilled in the following recruitment year also, they will be carried forward as backlog vacancies for subsequent recruitment year(s) as long as these are not filled by candidates of the category for which these are reserved. (ii) There may be rare and exceptional cases in Group "A" services, where posts cannot be allowed to remain vacant in public interest. In such situations, the administrative Ministry/Department under which the recruitment is being made shall make a proposal for dereservation giving full justification for such action, and consult the National Commission for Scheduled Castes and Scheduled Tribes in case of posts reserved for SCs/STs and the National Commission for Backward Classes in case of posts reserved for OBCs and obtain the comments of concerned Commission on each proposal. After obtaining the comments of the concerned Commission, the administrative Ministry/Department shall place the proposal for dereservation along with the Commission's comments before a Committee comprising the Secretaries in the Department of Personnel and Training, in the Ministry of Social Justice and Empowerment and in the Ministry/Department under which the recruitment is being made for consideration and recommendation. The recommendation of the Committee shall be placed before the Minister in charge of the Department of Personnel and Training for a final decision. If dereservation of the vacancies is approved, these can be filled by the candidate of other communities.	The office memorandum issued vide F. No. 36011/6/2010-Estt (Res) dated 25h JUNE 2010 of ministry of Personnel, P.G.& Pensions, D.O.P.T., after the introduction of the post based reservation the number of posts filled by reservation by any category in a cadre should be equal to the quota prescribed for that category.
8.	Rule 18(1) :- Appointment by promotion to Grade VI of Service: “(1) Appointment to the vacancies in Grade VI of the Service required to be filed by promotion under sub-rule 2 (ii) of rule 5 shall be by promotion of the following categories of Group 'B' officer in the Central Excise, Customs and Narcotics Departments who have completed three years regular service in the Group 'B' posts”	Rule 18(1):- Appointment by promotion to Grade VI of Service: “(1) Appointment to the vacancies in Grade VI of the Service required to be filed by promotion under sub-rule 2 (ii) of rule 5 shall be by promotion of the following categories of Group 'B' officer in the Central Excise, Customs and Narcotics Departments who have completed Two years of service in the Group 'B' posts”	As per the letter dated 25.5.1998 issued from the Ministry of Personnel, Public Grievances and Pensions (DOPT) vide file no. AB-14017/2/97-Estt(RR) of subject –Fifth Central Pay commission's Recommendations-Revision of pay scale-Amendment of Service Rules/Recruitment Rules (Copy placed opposite) the fixed qualifying service for the pay scale i.e. Rs.7500-12000 to Rs.8000-13500 has been fixed as 2 Years.
9.	Rule E 18(2)(a):- In the amended RRs , amended vide Notification Number –A 32012/2/91-AD.II( G.S.R. Number 343 of 1992 ) Dated 8th June 1993. Rule 18 (2)(a)”The vacancies to be filled by promotion shall be filled from out of the three Group "B" officers mentioned at categories (a), (c) and (b) to sub rule -1 in the ratio of 6:1:2 respectively for each bunch of nine vacancies. Out of these 9 vacancies the first six vacancies would go to officers at category (a) the 7th vacancy to the officer at category (c) and 8th and 9th vacancies to the officer at category (b) of the sub Rule 1 above and seniority of these officers shall also be fixed in this order.	Rule 18 (2) (a) :- In the amended RRs , amended vide Notification Number –A 32012/2/91-AD.II( G.S.R. Number 343 of 1992) Dated 8th June 1993 of Department of Revenue, Rule 18 (2)(a)”The vacancies to be filled by promotion shall be filled from out of the three Group "B" officers mentioned at categories (a), (c) and (b) to sub rule -1 in the ratio of 13:2:1 respectively for each bunch of nine vacancies. Out of these 16 vacancies the first thirteen vacancies would go to officers at category (a) the fourteen and fifteen vacancy to the officer at category (c) and Sixteen vacancies to the officer at category (b) of the sub Rule 1 above and seniority of these officers shall also be fixed in this order	Vide F.No.296/03/2011-CX9 dated 19.9.2011, communicating the minutes of the meeting of the Board's meeting of date 16.9.2011 in respect of BMB No. 46/2011
10.	Rule 18 (3) (a) “The promotion shall be made on the principle of selection on merit basis.”	Rule 18 (3) (a) “The promotion shall be made on the principle of selection basis.”	The change is required to be made as per the provisions of O.M.F. No. 35034/7/97-Estt. (D) dated 08.02.2002.
11.	Rule 19 (2) Officers, both promotees and direct recruits, appointed to the Grade VI of the Service in accordance with the provision of these rules shall be considered for regular promotions to Grade V of the Service in running order of their seniority and after completing four years regular service in Grade VI.	Rule 19(2):-“Officers, both promotes and direct recruits, appointed to the grade VI of the service in accordance with the provisions of these rules shall be considered for regular promotions to Grade V of the service in running order of their seniority and after completing 'Four (4)' years of service in Grade VI.	As per the CAT Order, Madras Bench vide OA No. 873/2007 ,the change is required for unnecessary litigation in future.
12.	Rule20(1) “Appointment to Grade IV of the Service shall be made by promotion on the principle of selection on merit of officers in Grade V of the Service.”	Rule 20(1) “Appointment to Grade IV of the Service shall be made by promotion on the principle of selection of officers in Grade V of the Service.”	The change is required to be made as per the provisions of O.M.F. No. 35034/7/97-Estt. (D) dated 08.02.2002.
13.	Rule 21. Appointment to the Grade III of Service (Non-functional Selection Grade of Service) : “15 percent of the Senior Duty Posts shall be operated in the non-functional selection grade of Rs. 14300-400-18300 and appointment to this grade shall be made according to seniority based on suitability taking into account the overall performance, experience and any other related matter: Provided that no Officer shall be appointed to the selection grade unless he has been appointed to Grade IV of Service to the post of Dy. Commissioner of Customs & central Excise and has entered the 14th year in that Service on the 1st July of the year calculated from the year of examination on the basis of which he was recruited; Provided further that inter-se seniority of Officers in Grade IV shall not be changed as a result of their appointment to the Non-functional selection Grade.”	Rule 21. Appointment to the Grade III of Service: “30% of the Senior Duty Posts shall be operated in the Grade III of Service, which is Non-functional Selection Grade (Rs. 14300-400-18300) (now PB-4 Rs. 37400- 67000 + Grade pay Rs. 8700) of Junior Administrative Grade of the Service, and appointment to these posts shall be by promotion on the basis of seniority based on suitability taking into account the overall performance, experience and any other related matter; Provided that no officer shall be appointed to the selection grade unless he has been appointed to the Grade IV of service to the post of Joint Commissioner of Customs & Central Excise and has entered the 14th year in that service on the 1st July of the year calculated from the year following the year of examination on the basis of which he was recruited. Provided further that inter-se seniority of Officers in Grade IV shall not be changed as a result of their appointment to the Non-functional selection Grade.”	These revisions have become necessary in view of the cadre restructuring of Indian Customs & Central Excise Service during 2001 and changes in designation.
14.	Rule 22 (a) “Officers of Grade IV of the Service, holding the post of Dy. Commissioner of Customs & central Excise with eight years regular service in the grade (including service, if any, rendered in non-functional selection grade of Rs. 14300-400-18300)”	Rule 22 (a) Officers of Grade IV of the Service holding the post of Joint Commissioner of Customs & Central Excise with eight years of regular service in the grade (including service, if any, rendered in Non-functional Selection Grade of Rs. 14300-400-18300.	These revisions have become necessary in view of the cadre restructuring of Indian Customs & Central Excise Service during 2001 and changes in designation
15.	Rule 26 (3) “The Government may require a person appointed to the Grade VI of the service to undergo during the period of probation such Courses of training and to pass such examination and tests as it may think fit to specify as a condition for satisfactory completion of probation.”	Rule 26 (3) “The Government may require a person appointed to the Grade VI of the service to undergo during the period of probation such Courses of training conducted by Lal Bahadur Shastri National Academy of Administration and National Academy of Customs, Excise and Narcotics and to pass such examination and tests as it may think fit. The candidates so appointed to the Grade VI of the service would be granted their first increment only after passing such examination and tests.”	Office Memorandum No. 18011/1/86- Estt. (D) dated 28.03.1988
16.	Rule26 (5) “On completion of the period of probation to the satisfaction of the Government, the person shall, if considered fit for permanent appointment to the service, be so appointed subject to the availability of permanent vacancies in the grade.”	Rule 26 (5) “On completion of the period of probation to the satisfaction of the Government, the person shall, if considered fit for permanent appointment to the service, be so appointed.”	These revisions have become necessary in view of the Office Memorandum No. 18011/1/86- Estt. (D) dated 28.03.1988 of Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training).

SCHEDULE-1
of Rule 4 sub rule 1
Grades, Numbers and Scales of Pay of Posts included in the service

Sr. No.	Grades of the post	No. of Post	Previous Scale of pay	Revised Scale
1.	Grade I- Chief Commissioner	47	Rs. 22,400-525-24,500/-	HAG 67,000-79,000/-(with annual increment @3%)
2.	Grade II- Senior Administrative Grade Commissioner.	293	Rs. 18,400-500-22,400/-	PB-4 Rs. 37,400-67,000+G.P. Rs.10,000/-
3.	Grade III- Non Functional Selection Grade of Junior Administrative Grade Additional Commissioner.	593	Rs. 14,300-400-18,300/-	PB-4 Rs. 37,400-67,000+G.P. Rs.8,700/-
4.	Grade IV (Junior Administrative Grade Joint Commissioner.		Rs. 12,000-375-16,500/-	PB-3 Rs. 15,600-39,100+G.P. Rs.7,600/-
5.	Grade V- (Senior Time scale) Deputy Commissioner.	601	Rs. 10,000-325-15,200/-	PB-3 Rs. 15,600-39,100+G.P. Rs.6,600/-
6.	Grade VI- (Junior Time Scale) Assistant Commissioner.	949	Rs. 8,000-275-13,500/-	PB-3 Rs. 15,600-39,100+G.P. Rs.5400/-
7.	(i) Deputation Reserve (ii) Leave Reserve (iii) Training Reserve (iv) Probationary Reserve	NIL	Rs. 8,000-275-13,500/-	PB-3 Rs. 15,600-39,100+G.P. Rs.5400/-

5. Name, addresses and telephone numbers of the Ministry's representatives with whom these proposals may be discussed, if necessary, for clarification/early decision.

Signature of the Officer sending the proposals

CIRCULAR 06-11

CIRCULAR- 06/11                          Dated: 30.09.2011    

Dear Comrades,

After our National Convention on 10th & 11th of June 2011 at Bengaluru, the Circular was due immediately to enable percolation of details of the meeting to the level of our members all over India. However, since we had very limited time left for finalizing and presenting our Memorandum to the Ministry and CBEC on various cadre related issues, the issue of this Circular has been delayed. The events since the Convention are detailed in the chronological order for circulation and discussions at unit levels.

National Convention of the AIFCEEO at Bangalore from 10th to 11th of June 2011:-

The 16th Convention of the AICEIA was convened on 10th & 11th of June 2011 at Bengaluru. The Convention was inaugurated by Shri Krishna Byre Gowda, MLA, Bangalore City was the Chief Guest. Shri D.P.Nagendra Kumar, Commissioner, Bangalore was the Special Guest. Com. K.K.N. Kutty, Secretary General of the Confederation of Central Government Employees and Workers was the Guest of Honour.

Shri Krishna Byre Gowda, a young, highly educated and qualified and rising star in Karnataka, while appreciating the key role played by us in mopping up revenue also exhorted us to collect more revenue so that the additional revenue can be spent on rural employment, poverty alleviation and overall economic development. Shri D.P.Nagendra Kumar, Commissioner, Bangalore and member in the study group for CR in CBEC, in his eloquent speech has informed that the Government has understood the pains of stagnation in Group-B Cadre of CBEC and promised that the CR will be implemented very soon and that all infrastructural facilities will be improved.

The morning session on 10th was an inaugural affair. The afternoon session was an important affair with the discussion on the minutes of EC meeting held in New Delhi. SG report was thoroughly discussed and wherever required SG and President gave a patient hearing with suitable clarifications. Accounts for the outgoing body period were discussed and passed. Returning Officer was appointed and he has conducted elections to the new Body for the term 2011-2013.

Shri Kousik Roy, has been reelected as the Secretary General. Shri K.P.Manoj, (Trivandrum) has been elected as the President Sri Venkatakrishnan (Chennai) has been elected as W.President, Sri Ajit K.G. (Bhilai) has been elected as Assistant Secretary General . Sri Shibaji Charan Nayak (Bhubaneshwar) & Sri Ajay Saini (New Delhi) have been elected as Liason Secretary & Organising Secretary respectively. The outgoing President, Shri Arun Zachariah.P has been appointed as the advisor to the Association.

The name of other elected leadership of the association is placed underneath:

Vice President (NZ):Malkit Singh (Chandigarh)

Vice President (SZ): B.P.K. Reddy (Hyderabad)

Vice President (WZ): R.K.Meena (Gujrat)

Vice President (EZ): Sanjay Singh (Asansol)

Vice President (CZ): Samir.K.Sinha (Patna)

Jt. Secretary (NZ): Aabhay Singh Shekhawat ( Jaipur)

Jt. Secretary (SZ): C.G.Prabhu ( Bengaluru)

Jt. Secretary (WZ): Sanjay Sriniwasan(PUNE)

Jt. Secretary (EZ): Rajashish Dutta (Guwahati)

Jt. Secretary (CZ): H.K.Ghoshal

Office secretary: A.Satish

Treasurer : Suman Chakraborty

Unanimously the convention opined to fight against acute stagnation and to remove the skewed ratio between the Apraisers, Superintendent Customs ans Superintendent Central Excise, before enactment of restructuring.

Com. M. Bopanna, the General Secretary of the host unit, right in his welcome address touched upon the grave stagnation prevailing in the cadre of Inspectors and Superintendent through out the country.

Com. K.K.N.Kutty, during his address explained the situation faced by the entire Central Government employees of the country and the issues in general that will have to be placed before the Government and the Sixth Central Pay Commission. He emphasized that as long as some one wanted something it was only a desire and only if he really feels for the issue and is prepared to relentlessly pursue it, it becomes a demand. He pointed out that only demands can be met and desires need not be fulfilled.

The proceedings in the closed door session followed thereafter. 21 Units represented by 96 delegates attended the Convention.

The following important decisions and resolutions were passed in the closed session of the Convention:

(I) Constitutional amendments:

 A post of Organising Secretary is to be created as one of the principle posts to facilitate the different issue oncerning the organization and to spread the organization in entire India.

 It was decided that the CEC shall now be able to elect a principle office bearer inclusive of Secretary General’s post in the event of the promotion, retirement and unnatural death of the office bearer . CEC has decided that the voting rights shall remain equivalent to there voting right in the convention and the CEC members shall be eligible to to vote in this regard .

(III) The house resolved to pursue the following issues, which were already on the agenda of the Association:

1. Demand of Revision of pay with effect from 01/01/1996

2. Increasing the interest of GPF

3. Opposing the new pension scheme

4. Abolition of Uniform for Central Excise and Service Tax.

5. Enhancement of Uniform Allowance for Customs

6. Abolition of Control Room duty

7. Demanding filling up of vacancies

8. Removing stagnation and regional imbalances

9. revision of existing ratio of 6:1:2 for promotion to the grade of Assistant Commissioner from the three different Gr. ‘B’ feeder cadres.

10. Proper Accommodation for office and Residence

11. Relaxation in Compassionate ground appointments

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(V) The house unanimously approved a suggestion by the newly elected Secretary General that the out going President, Com. Arun Zachariah.P should be retained as the Advisory member of this Association to make available his valuable services to the Association. Com. Zachariah also consented to make his services available for the Association.

PART-B :

 All the unit Secretaries and presidents are hereby requested to send their latest D.D.O. certificates forth with for application of renewal of our recognition which is likely to be renewed before the end of this year.

 The manner of fixation of Rs. 4600/- grade pay: We have persuaded the issue in Expenditure Department; since the issue is pending in this department for long we have issued one letter to J.S.(Pers.) of Expenditure for speedy disposal of the issue. Unlike Income-Tax we have demanded for an extra Increment for those who have joined/promoted before 01.01.1996.

From the conclusion of the XVIth convention to till date the federation office bearers have paid several visits to New Delhi to persue the different issues that you all know through the blog updates .

 Immediately after the XVIth National Convention our Association took a meeting with the CPSF and our Superintendent Association separately for change of the ratio. Though it is well known to us that the interest of CPSF is not in consonance with the demand of our Association , yet in the past this Association shouldered many issues jointly with us. The discussion with the Superintendent Association had not materialized as it appeared to the team AICEIA that this association was embarking on issues which may not be achievable immediately.

At last on 29th of June at Kolkata, CPSF and AICEIA made a joint submission to the Chairman CBEC on the submission of affidavit to Supreme court on the ration case that was pending for months. On 11th of July the two Associations have a meeting jointly with the CBEC and official minutes of this meeting we have already published in our blog. CBEC on 26th of July 2011 finalized the draft affidavit and the judgement as you all know came out on 3rd of August,2011.

Immediately after the issuance of Supreme Court Judgement leadership went to New Delhi, discussed this issue with ADG ( HRM), J.S.(Admn.), Member(P&V) and Chairman. All of them agreed to a point that the ratio should be changed before the end of September, all these officials were not agreed to conduct Review D.P.C. though it was not mentioned still our Association is not a stake holder on this issue and our superintendent Association though expecting review D.P.C but, could not demand because of their futuristic view. And it appears that Board in all probability would be fixing a ratio of 13:2:1 which appears to be just in terms of strength of people working in a particular cadre.

AICEIA is very much expecting base cadre seniority, but unless the circular of D.O.P&T is changed and its clauses for a multiple feeder cadre is changed this height could not be achieved. We are of the opinion that a court case in this regard is would be a just step towards achieving this goal.

 On inter Commissionerate Transfer issue, Law Ministry has sent the file to D.O.P&T, only after having an instruction from D.O.P&T Board will be able o proceed further. Our team is constantly persuading the issue and trying to have an appointment with the minister D.O.P&T on this issue..

 On the 5400 GP case.We have instructed the lawyer to file a fresh caveat prior to the expiry of the caveat petition we have already filed. The lawyer has done the same and send the copy of the caveat for our records.

He has confirmed that the department has filed the petition on 24.06.2011 and the SLP has been assigned a dairy no. . However, the registry has returned the SLP after noting the following defects. " AN AFFIDAVIT OF THE PETITIONER IN SUPPORT OF THE PETITION/APPEAL/APPLICATION HAS NOT BEEN FILED, PROPERLY ATTESTED AND IDENTIFIED."

The department has 28 days to represent the SLP after curing the defects. Apparently that time is already over. Now they would have to get the delay in representing the SLP condoned before the SLP is listed before a bench for condoning delay in appeal and admission. After vigorous persuasion in the Supreme court for last couple of months the defected SLP got corrected and the constant persuasion resulted in listing of the case for hearing on 17th of October, 2011. We have already engaged one senior and one Junior counsel for whom we are spending nearly one and a half lakh per appearance (app.). Hence all the units are once again requested to submit their due leagal fund forthwith. We especially request Rajastan, Bihar, Mumbai, West Bengal,Kerala etc. to submit the amount as we have not yet received a single rupee from these units.

 It was after the vigourous efforts of our Liaison Secretary Com. Shibaji Ch.Nayak that we got an appointment from Shri Rama Chandra Kuntia, Rajya Sabha M.P from Orissa, a very important functionary of the INTUC.When we had met him in April earlier this year at his residence in Delhi, Com. Kousik Roy and Com.Nayak, and of course Com.Arun Zachariah, our then President, had made a very effective and convincing presentation of our case before Shri Khuntia,and handed over to him copies of all related correspondence and documents. The MP not only gave us a patient hearing for nearly an hour, but also sought several clarifications on the matter,and even noted down some points on his pad. He had assured us then that he will certainly take up the issue with the Finance Minister. We need to follow up the matter now in all seriousness.

The Hon'ble M.P.Sri.Rama Chandra Kuntia has raised the issue of notional fixation of Inspectors from 1.1.96 in Rajya Sabha on 24th March 2011

We once again met Sri Kunthia Hon’ble M.P. at Kolkata on 20th of August 2011 and persuaded the issue of Notional fixation once again. It is learnt that the Hon’ble M.P. has discussed the issue with F.M. and shall convene a meeting with F.M. within a short while from Now.

As a result of this Board has issued one D.O. letter to the Secretary Expenditure on this issue for the first time, we are persuing to put this issue infront of Sri Pawan Kumar Bansal, Hon’ble minister for Parliamentary Affairs for another recommendation.

But, we are afraid that only persuasion may not be able to fetch any result rather a concerted and well thought out agitation programme along with persuasive action is the need of the hour. All units are requested to send their comments in this regard.

On 20th of September 2011 we had a meeting with Chairman and Member (P &V); Member ( P &V ) assured us that the stagnation and the regional disparity would be resolved by this restructuring. The same voice reverberated by A.D.G. (HRM). It is learnt that Board is trying to fix a cut off date initially to promote all the Inspectors up to that date and the residual part would be distributed amongst the respective Zone as par requirement . It is also learnt that the month of October will be very crucial for CBEC and there is a direction from F.M’s office to both CBEC and CBDT to complete the implementation of Restructuring by 31st December 2011.

We once again like to request all the unit office Bearers to send their D.D.O certificates by October 15th.

To

The President,

All office Bearers,

Circle and Branch Secretaries Comradely Yours

For wide circulation

( KOUSIK ROY)

Letter from Rama Chandra Khuntia

Letter from CBEC directing all the CC/DG's for implementions of CR and to send proposals for reorganisation of the field formations

Letter From CBEC to All CCs on CR