MACP for Inspectors who are promoted to the grade from UDC

As Discussd in Jaipur CEC Association submitted one letter to Board on the issue of Modified assured career progression, the same is pasted below for your reference:

Ref. No. AICEIA/CBEC/2010/10 10.02.2010

To

Sri V.Sridhar,

Chairman, C.B.E.C,

North Block, New Delhi.

Sir,

Sub: MACP to Inspectors appointed on promotion from lower grade – Clarification – Reg

Please refer to Board’s F. No. A- 26017/76/2009 – Ad II A dated 29.09.2009 wherein certain clarification regarding MACP scheme were issued to the Commissioner of Central Excise, Jaipur. The said letter was subsequently circulated to all formations.

Vide point no. 3 of the letter it was clarified, with regard to an officer who joined as a UDC and subsequently promoted as Tax Assistant (pre-restructured) and Inspector and spending more than 10 years in that grade, that the 3^rd financial up-gradation would be granted after completion of 30 years or whenever the person has spent 10 years continuously in the same grade pay, whichever is later.

It is submitted that the phrase ‘whichever is later’ in the said clarification is incorrect and against the principles enunciated in the MACP scheme. Paragraph 1 of the Annexure to MACP OM dated 19.05.2009 provides that ‘there shall be three financial up gradations under the MACPS, counted from the direct entry grade on completion of 10, 20 and 30 years of service respectively. Financial up-gradation under the scheme will be admissible whenever a person has spent 10 years continuously in the same grade pay’. Obviously, the latter part of paragraph 1 of the Annexure to MACP OM is intended to provide solace to a person who has stagnated in a post for 10 years or more despite the fact that the person has already received not more than 2 promotions. If the clarification issued by the Board is accepted, the very purpose of the injunction contained in the latter part of paragraph 1 of the Annexure to MACP OM would be rendered meaning less as the person would even without that provision be entitled to the up-gradation in the 30^th year. It is therefore requested to amend the clarification issued vide the letter under reference by substituting the phrase ‘ whichever is later’ appearing under column ‘clarification’ against point no. 3 by the phrase ‘whichever is earlier’

We would also like to point out that while issuing the afore said clarification under reference, the Board has treated Tax Assistant (pre-restructured) as a promotional grade for UDCs for the purpose of MACP and has virtually denied one financial up-gradation to the persons who were promoted as Inspector from the Ministerial cadres.

In this regard it is submitted that movement from UDC to Tax Assistant (pre-restructured) cannot be considered as a promotion for the following reasons.

i) Prior to the 2001-02 cadre restructuring, appointment to the post of Inspectors were done according to the Central Excise & Customs Group C posts Recruitment Rules, 1979 and in it Tax Assistant do not form part of the feeder cadre for promotion. From the ministerial stream only UDCs were provided as a feeder cadre. Promotion of Tax Assistants as Inspectors was done in terms of Board F. No. A-26011/10/86 – Ad. II A dated 05.08.1988 and 30.01.1989.

i) Board vide F. No. 32011/32/2003 – Ad III A dated 06.08.2004 (addressed to Commissioner, Bhubaneswar) in consultation with DOP&T has clarified that the Tax Assistant retain their basic seniority in the grade of UDC and the grade of Tax Assistant can not be treated as promotional grade in the normal hierarchy of UDC. Hence under ACP scheme UDC including Tax Assistant are to be allowed financial up-gradation in the normal hierarchical grade viz. DOSL – II, DOS L-I.

It is evident that the pre-restructured TA was always been treated as a UDC only, whether for the purpose of promotion or up-gradation under ACPS and the same analogy has to be taken for the purpose of financial up-gradation under MACPS also.

It is therefore requested to issue instructions to the field formations to ignore the placement of UDC as pre-restructured Tax Assistant for the purpose of counting 1^st. 2^nd and 3^rd promotion for the purpose of MACPS.

Thanking you,

Yours faithfully

(Kousik Roy)

Secretary General

Seperate cadre for Customs

In a recent move HRD initiated a correspondence with All the Chief Commissioners depending on a request made by the Chief Commissioner of Delhi and Ahmedabad. Assn. submitted one reply to Board, we are placing it here for your ready reference; it is also to be mentioned that Inspectors Association clearly intimated the authority that any such move without consulting the Association will be dealt properly. For this issue and for some other issues Secretary General had detailed discussion with the Secretary General Of Supdt's asscn.

Ref. No. AICEIA/CBEC/2010/08 10.02.2010

To

Sri V.Sridhar,

Chairman, C.B.E.C,

North Block, New Delhi.

Sir,

Sub: Separate cadre for Customs

Kindly refer to the letter vide F.No. 8/B/85/HRD(HRM)/2009 dated 02.12.2009 & 15.01.2010 wherein it was mentioned that The Chief Commissioners of Ahmedabad and Delhi proposed to create exclusive cadres for Customs in those zones mainly for two reasons – (1) The staff strength allotted to customs work is too inadequate and not commensurate with the work load (2) The Central Excise Staff posted to these Customs formations are inexperienced in Customs work and this is affecting the efficiency.

We also subscribe to the first point that staff allotted to these formations is inadequate and we had also on several instances highlighted this fact. However the remedy is not the creation of separate cadres, but rather, the enhancement of cadre strength.

With regard to the second point, we submit that there is no rationale for such an observation and it does not take into account the changes in customs assessment pattern that has evolved over the years.

The Association opposes the proposals mooted on the following grounds.

1. The Inspectors of Central Excise is the only cadre that works in all the three wings of the Department – viz. Central Excise, Service Tax and Customs. The cadres of Inspector (Preventive Officer) and Inspector (Examiner) though recruited exclusively for doing the Customs work, at the field level, more number of Inspectors of Central Excise are doing customs work that the total strength of Preventive Officers and Examiners. While the total sanctioned strength of Preventive Officers and Examiners are 2222, the number of Inspectors of Central Excise posted to exclusive Customs Commissionerates is 3252. Apart from this, a sizable number of Inspectors of Central Excise are deployed in Customs formations like Airports, minor ports, CFS s, ICD s, & SEZ s falling under an integrated Commissionerate. This would only indicate that the versatile cadre of Inspectors of Central Excise is well equipped to handle the customs work.

2. The Board as early as in 1996 has taken the technical decision to merge the cadres of Central Excise & Customs at the Group B/C level on the specific observation that functional distinction between Central Excise & Customs cadres have ceased to exist. The recommendations of the Bhardwaj Committee and the Chitra Gourilal Committee regarding the merger of these cadres also vouch for this. Hence, the current recommendation on the creation of a separate Customs Cadre goes against the grain of the recommendations of these High Power Committees, which recommendations, the Board expects to implement.

An identical demand was made by the Customs Staff Federations before Study Group No. III constituted by the Board for reorganization of the Customs Formations but the same was disregarded by the committee.

1. The so called specialized skill required for customs work is nothing but a figment of imagination. About 50% of the cargo which accounts for the major share of revenue is cleared through RMS without physical examination. The Study Group No. III constituted by the Board for reorganization of the Customs Formations has observed that the post clearance customs audit is not yielding any results and it can be

2. effectively done only at the premises of the importer by the Central Excise/Service tax Audit teams. Not only does the present proposal overlook the observation of Study Group III, it has also totally ignored the fact the customs assessment has moved from transaction basis to record basis and hence the skill level required is the same in Excise and Customs.

3. The Directorate of Revenue Intelligence, the premier intelligence agency of the nation saddled with the responsibility if preventing smuggling and commercial fraud does not have a sanctioned strength for Preventive Officers or Superintendent of Customs. This also recognizes the competence of Central Excise who works there for a period of 5 years.

In view of the foregoing, acceding to the current proposal of creation of separate Customs Cadres at Ahmedabad and Delhi will only be retrograde and an anachronism.

Thanking you,

Yours faithfully

(Kousik Roy)

Secretary General

Copy forwarded to Madam Reeenuka Mann, Director General, Human Resource Development for information and necessary action.

(Kousik Roy)

Secretary General

Meeting with Sh. Pawan K. Bansal, Hon’ble Minister, Parliamentary affairs by the office bearers of Chandigarh Circle

We, at Chandigarh Cirle, feel honoured to accept the responsibilityshouldered upon us to express the concerns of the Cadre especiallyconveying thanks (for sanction of grade pay of Rs. 4600/- to the Inspectors) to Sh. Pawan K. Bansal, Hon’ble Minister, ParliamentAffairs. With great pleasure, it is informed that a team of Officers ofChandigarh Circle consisting of Sh. Manoj Nayyar, President; Sh. R. S.Sethi, Joint Secretary and the undersigned has got an opportunity tomeet the Hon’ble Minister today i.e. on 08.02.2010 and the letter of thanks issued by our President was placed before the Minister. While acknowledging the thanks, the Hon’ble Minister very much remembered the references made by him in his capacity as the Minister of State for Expenditure. He was overwhelmed by the response of the Association and has reciprocated the greetings for the constant efforts as well as follow up at the end of the Association. The meeting was of short duration and we succeeded in winning his assurance for any kind of help from him in future.
Regards,
Malkit Singh,
Gen. Secretary,
Chandigarh Circle,Chandigarh.