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.

CEC Jaipur a brief note.

With the active Co-operation of the members of Rajasthan Circle under the able leadership of Sri Vinay Awasthi (President ) and Sri Sudhir Tiwari ( General Secretary ) The 2nd Central Executive Committee recently held its meeting on 23rd & 24th of January 2010 in the Pink City (Jaipur).

Commissioner Central Excise, Jaipur Sri R.K.Singh inaugurated the open session. At the closed session the issues discussed are depicted underneath:

1. RESTORATION OF GRADE PAY OF INSPECTORS TO RS. 4600/- and Fixation of pay on promotion or by direct recruit who have joined before 01.01.2006.

2. ANOMALY IN FIXATION OF PAY OF 1992 BATCH INSPECTORS:

3. FIXATION OF PRE REVISED PAY-SCALE FROM 01.01.1996 :

4. NON-FUNCTIONAL SELECTION GRADE : CLARIFICATION REGARDING THE GRADE PAY TO INSPECTORS WHO RECEIVED ACP AFTER 01.01.2006

5. GRANT OF PROPER EQUIPMENT AND MAINTENANCE ALLOWANCE FOR THREE SETS OF UNIFORMS FOR PERSONNEL IN CUSTOMS.

6. LTU, ACES AND GST.

6A. REMOVAL OF STAGNATION , HIGH POWERED COMMITTEE REPORT ON REMOVAL OF STAGNATION, RESTRUCTURING.

7. MEETING OF THE ANOMALY COMMITTEE

8. Rule 9. of CCS (RP) rules Date of next increment

9. Compassionate Appointment

10. ORGANISATIONAL FRONT

11. MODIFICATION OF CONSTITUTION

12. ASSOCIATION FUND

13. PERFORMANCE ASSESSMENT OF THE BRANCHES/CIRCLES:

14. RENEWAL OF RECOGNITION

15. FORMATION OF JOINT ACTION COMMITTEE WITH THE

SUPERINTENDENT ASSOCIATION IN THE

It was decided that Association shall represent on the issues in the sl. No. 01 to 09 and after exhausting persuasive action V.V.I.P references wil be taken care of.

20 branches and circles attended the meeting. Patna, Allahabad and Luknow expressed their inability to attend the meeting due to inordinate late running of various trains.

New units like Nasik from Maharastra, Indore and Bhopal from Madhya Pradesh attended the meeting. Nasik joined the Association right before the CEC, Indore and Bhopal joined the Association in the CEC.

CEC applauded the efforts of Sri Virender Singh Thakur and his Chandigarh circle for considerable contribution and special effort for the work done by the Association within the last one year, Sri Thakur and his Chandigarh circle has been awarded with a memento by the President of the All India Association. CEC decided to recompense at least one unit for its good contribution towards all India activities.

CEC decided to go for combined movement with the other units in the revenue department and to form a Joint Action Committee along with the newly elected Superintendent Association in our department. The Rajasthan Circle took the responsibility to initiate discussion with the President of the Superintendent Association. Action programme on the pending issues shall be decided in consultation with the Superintendent Association.

Detailed circular in this regard will be issued shortly.

Notice for Jaipur CEC

Note for CEC Jaipur

A question raised from some quarters that certain issues like pay scale of inspectors after VIth Pay Commission and revised Pay-scale of inspectors from 01. 01.1986 or NFSG got no place in our agenda points. We would like to humbly submit that the issues for which our Board had already started taking positive steps shall find their place in the action taken report of the Secretary General. Discussion in detail will be done after tabling of the action taken report by Secretary General and decision if any will be taken after the discussion. There should not be any confusion that some of the points may not be discussed at all. All the units are once again requested to convene their own circle/Branch committee meeting before coming to the CEC meeting. Kindly clear up the dues to the All India Association as it is becoming increasingly difficult to run the Association for dearth of money, and detail of accounts be submitted in the meeting for onward submission to the Board.

Kousik Roy

CIRCULAR 1/2010

Dear Comrades,

I take this opportunity to address you through this open circular.Let us all pray that the New Year brings the best for all of us.At the end of last year we were able to solve the irregularity of grade pay recommended by 6th CPC for Inspectors, in addition to this serious negotiations are on the cards on notional fixation from 01.01.1996 & removal of stagnation. It is a crucial period considering the Government’s proclaimed anti-Government staff attitude. A series of measures are being envisaged by the Government to curtail the existing benefits of the Government employees whether in the matter of pay revision, pension scheme, the existing medical facilities, or continuance of the services itself as such. The issues specifically concerning our department and cadre as such are: the cadre review now under process, the introduction of LTU and its effects on the working of the department, the impending implementation of GST and the necessity to gear up to face its onslaught, etc.These issues are all elaborately discussed in our earlier circulars. All those materials are made available in our Association’s blog : aiceia.blogspot.comIn the light of the above, the requirement for the cadre to be organised and united needs no emphasis. Towards this goal, this Association has been consistently working at various levels, along with similarly placed Service Associations in the Department of Revenue as well as in the other Departments of the Central Government. In fighting against the new Pension Scheme, which is nothing but putting our pension benefits at the mercy of the stock markets, we have joined hands even with the Service Associations of the State Governments.During the above experiences, we have come across comments from the Association representatives of other Central Government departments in certain places that the Staff of Central Excise do not participate in the programmes. This invariably gives a very negative impression about our department and cadres to the other Government employees, let alone the general public. These impressions are definitely not going to help us achieve our legitimate demands from the hands of the Government.Some units of the erstwhile AIFCEEO (which had been renamed as AICEIA due to the requirement of the CCS(RSA) Rules) had joined their hand to strengthen the Association. However, now that issue has been settled with the submission of renewal for recognition application to this Association by the Government. The copy of the letter for renewal of recognition is enclosed for ready reference.Hence we hereby appeal through this Open Circular to all the units of the erstwhile AIFCEEO to consider the above position and join hands to restore the unity of the cadre and strengthen this Association so that entire cadre is benefited.The Central Executive Committee meeting of AICEIA is scheduled to meet at Jaipur, Rajashtan on 23rd and 24th January, 2010. The copy of the notice of the said meeting follows. Whether to join this Association or as observers at least, all Units are requested to kindly make it convenient to send delegates/Office Bearers for the meeting.We sincerely hope that we will be able to make up for the organisational weakness suffered by our cadre for the past several years and meaningfully proceed on matters concerning the cadre and department.I request the recipients of this Circular to kindly circulate it widely so that it reaches every one concerned, even if due to non availability of the current addresses I could not reach out to them directly. It is requested that this may kindly be taken as a personal invitation on behalf of the Cadre.Once again hoping that representatives from all over India will meet at the CEC on 23rd and 24th of January and take important decisions and implement them in a decisive manner


To
The President,
All office Bearers,
Circle and Branch Secretaries Comradely Yours
For wide circulation

( KOUSIK ROY )

Venue of the meeting:
hotel surya
R.No.14,vishwa karma industrial estate
sikkar road
jodla power house
haramara
jaipur

it is 25 kms from airport and 8 kms from railway station.
the programme will be hosted by our Rajasthan branch.