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RUNNING MESSAGE

The emergency executive committee meeting of all India Central Excise and Service Tax Ministerial Officers Association and convention of the Gujarat Unit were held jointy on 23rd January, 2016 at Ahmedabad, Gujarat. In the very beginning Shri Vikas Kumar Gupta, National Organising Secretary, on behalf of the host unit, welcomed the Hon’ble Chief Guest Dr. Manoj Kumar Rajak, Additional Commissioner, Central Excise, Ahmedabad; Guests of honour Dr. Arvind Kumar, Deputy Commissioner, Central Excise, Ahmedabad, Shri Rajesh Kumar, Deputy Commissioner, Central Excise, Ahmedabad; and all the participating delegates from different parts of the country. The name of Shri Ashim Pramanick, the national President of the association was proposed to preside over the meeting. It was seconded by Shri Sankar Kumar Saha, Shri Vikash Kumar Gupta and Shri Indramohan Chaudhury. Everyone sang the national anthem in unison to mark the beginning of the proceedings. Shri (Dr.) Manoj Kumar Rajak, IRS was requested to inaugurate the programme by kindling the lamp and declaring the session open. The President initiated the discussions and gave his inaugural address. He pointed out the fact that it was a great privilege for all of us to assemble on the land of Father of the nation Mahatma Gandhi Ji and that too, on the birthday of another great soul of this country Shri Netaji Subhash Chandra Bose. We should show our respect to the great patriots through our actions as public servant in nation building in our own capacity and at our own level. The Chief Guest and the special guests also expressed happiness for organizing such a meeting at the national level in Ahmedabad. They urged to consider the need of the department and also assured to take forward our issues to the appropriate echelon for suitable disposal. Then the Secretary General thanked the Chief Guest and the Guests of honour for attending the convention and providing the encouragement and impetus to this association. Subsequently, the proceeding of the meeting of the Gujarat committee began. The representatives from various parts of the state of Gujarat posted at different Commissionerates attended the meeting (Link list). The all India association was receiving repeated requests from various Commissionerates and units of the state of Gujarat to give separate affiliations to their local units. It was impressed upon them that an all Gujarat committee be formed because that is expected to strengthen the organization and in that case the number of members would be sizable and in the event of any organizational activity this will help. A small organization cannot take strong step at the time of necessity. So they have to remain united and strengthen the organization. Accordingly, it was decided to hold a meeting at Ahmedabad to form a committee for the entire state of Gujarat. Representatives offered their opinions and after long deliberation and under the supervision of the all India committee, an all Gujarat Committee was constituted unanimously (Link list). Shri Chetan Shah, former Vice-President of the all India Association and now a Superintendent, contributed positively towards formation of an all Gujarat Committee. The committee will represent the ministerial officers posted in the state of Gujarat and they will be affiliated with the All India body and they will provide the assistance to the all India association and also abide by the call of the all India body. The all India leaders expressed satisfaction over the formation of an all Gujarat Committee by full consensus and it was also assured to the Gujarat committee that all assistance will be provided by the all India body whenever required. In the post lunch session, the discussion on all India issues were taken up. The Secretary General initiated the discussion and briefed the delegates about the development of the following burning issues: 1. Recruitment Rules of Executive Assistant and the action taken by the association and their developments. 2. Developments on our efforts on one time relaxation in the Recruitment Rules. 3. Promotion to the post of Chief Accounts Officer. 4. Issues related to pay to be decided following the recommendations of the 7th Central Pay Commission. The Secretary General explained in details as to how this association has taken steps in every moment to protect the interest of the members of this association. All representations were made in time and authorities were approached. Shri Ram Lalit, Liaison Secretary, then briefed the latest status on each of the issues. In fact, Shri Ram Lalit visited Delhi enroute Ahmedabad to take stock of the issues and pursued all the issues at appropriate levels. It was informed that Board is not at all positive and responsive to our requests. The Member (P&V) has given assurances on several occasions on the issues of OTR, EA and CAO DPC. But from the experience, it is found that none of the assurances have been realized. In fact, it was noted with great concern that even the file on One Time Relaxation (OTR) has been kept unattended and nothing is moving and even on the RR of EA board is not taking any action to either amend or give any dispensation to our members. Then the members from different zones deliberated upon the issues (Link name list). They took part in the discussion. They explained the problems being faced by the members. They also suggested to take strong action. The option of agitation was also mooted in the meeting. It was discussed at length. The advantages and disadvantages were also discussed. The option for going for legal battle for Recruitment Rules of EA was also mooted after prolonged discussion. It was decided to adopt a too pronged approach on the issue of RR of EA and TA. We will approach at senior level such as the Secretary, Revenue, Govt. of India and above to apprise of our grievances and particularly the disparity that exists between CBDT and CBEC in the matter of RR of EA and TA. If such efforts fail, then we shall go for agitation. Simultaneously, it was also decided to approach the Principal CAT, Delhi at an appropriate time and after further consultations to redress our grievances on RR. Again on the question on one time relaxation, it was decided to follow the sections as well as at the higher levels. If those efforts fail, then similarly on this issue also the all India association will go for agitation with the assistance of all affiliated units. It was also informed that the association is trying its level best to get the CAO DPC done at the earliest. The efforts put in by Shri V Gurukumar and other Comrades of Hyderabad Unit to do the ground work are remarkable. It was again urged upon to all the delegates present, to see that the reports on VC/IC of the concerned officers of their zone are sent immediately, so that the DPC can take place in a month or two. It was also decided to press hard for publication of the next Seniority List of Administrative Officer and Secretary General explained the efforts taken by this association in this regard. Regarding Pay disparity between the CBDT and CBEC, it was decided to approach Secretary, Revenue and if that fails, other action would also be initiated. Some zones, particularly Mumbai zone reported that the instructions of the Board are not being followed in their zone. They specifically pointed out that the Board’s instruction dated 3rd Nov 2014, clarifying the fact that any officer who has qualified the examination within the age of 50 can be considered even after the age of 50, has not been implemented in Mumbai zone despite several requests even after clarification from the Board. The zone was assured that any assistance required would be extended by the all India body. It was also decided to refer the matter to the Board. The Vizag zone also expressed their problems in details. The zone has given a very vivid picture about the problems being faced by the ministerial officers and also given suggestions to redress such problems. Patna zone highlighted the fact that the order of Hon’ble High Court of Andhra Pradesh in the matter of promotion from erstwhile Group-D to LDC has not been implemented in their zone while that has been implemented in other zones. The zone was also advised to take up the issue appropriately with the zonal authority. They should first get all information on this issue and take up the matter with the concerned authority. All India association will extend the support as and when it is required. It was a real show of strength and unity. On organizational front the following important decisions were taken: 1. Shri Sankar Kumar Saha who was officiating as Secretary General, after the promotion of G. Samdani Khan to the post of Inspector, has been unanimously elected as Secretary General for the complete tenure till the next convention. 2. Shri Ram Lalit shall hold both the portfolio of Assistant Secretary General and Liaison Secretary. 3. Shri Prosenjit Pandey and Shri Suman Sarkar have been appointment as Treasurer and Office Secretary respectively, as they both are stationed at Kolkata, the place where the Secretary General belongs to. 4. The Bank Account of the association lying in the Bank of Maharastra in Pune will be transferred to Kolkata and will now be operated by any two of the following three office bearers: (a) Shri Ashim Pramanick, President (b) Shri Sankar Kumar Saha, Secretary General (c) Shri Prosenjit Pandey, Treasurer. Shri Shivaji Valu, General Secretary of the Pune zone assured to take all action to transfer the Bank Account of the Association from Pune to Kolkata. 5. All the federating units shall furnish the list of members of their respective units along with the DDO’s certificate (Annexure-II), showing the number of members, contributing the subscriptions. Such list may be prepared as on 01.04.2016 as the all India Body is required to initiate the process of renewal of recognition and submit the necessary documents to the board – action Organization Secretary. 6. Upon operation of the Bank Account of the all India body all the federating units shall contribute their due subscriptions to the all India body. The share of contribution has been revised from Rs. 5/- per member per month to Rs. 10/- per member per month - action Treasurer. Every one vowed to stay together and fight together and at the end of the meeting everybody noted the efforts taken by Shri Vikash Kumar Gupta, Shri Indramohan Choudhary, Shri Kishor Parmar and other leaders of Ahmedabad Unit. They made this meeting a grand success. This meeting has provided the opportunity to the delegates of this association from all over the country to share their anxiety and pain together to look for the solutions. It was agreed by one and all to fight for the cause of the ministerial association and to go to any extent to protect the interest of our members. The President thanked everybody for their participation and contribution and concluded the proceedings.

Thursday, July 29, 2010

INFORMATION ON CADRE RESTRUCTURING

Pune, the 30th July, 2010

Dear friends in service,

In continuation to my earlier letter/Mail dated 22.07.2010, I wish to inform that the cadre restructuring proposal is taking a different shape and direction, completely against the popular belief that we all hold. The reply received in response to an RTI application reveals that none of the legitimate demands put forth by the various Associations have been examined in the right perspective.

The time has come for all of us to come together and react to the situation immediately. If we do not act now, it may be too late in the day, before which the proposal might be finalized and sent to various Ministries/departments for its concurrence/approval and placed before the Union Cabinet, by which time, it will be simply impossible to expect any drastic changes in the proposals, as was the experience of our predecessors during the Cadre Restructuring of 2001.

I hope and trust that all members who are concerned about the future and career prospects of members in the various cadres that they represent, will come forward and participate in the proposed Joint Action Committee. It is regretful to state that I have not got any encouraging response so far to the earlier mail.

Therefore, it is felt that the members must be sensitized about the seriousness of the issue and hence I am making public the minutes of the Board meeting, received by me by post, through this mail/blog. The information being authentic has been provided in response to an RTI application by DGHRD, which is at the helm of affairs in designing the cadre restructuring proposal.

Hoping to see that the immediate revival of the Joint Action Committee of All Associations and expecting that the legitimate aspirations of the members of respective Cadres are fulfilled, I remain.
Yours sincerely,

Thomas Mony,
Secretary General,
All India Central Excise & Service Tax
Ministerial Officers Association, Pune.
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REPLY PROVIDED BY DGHRD-CBEC TO RTI APPLICATION
Q. i. Kindly inform the likely date of implementation of the cadre restructuring process. Also please inform whether this restructuring is in anticipation of implementation of GST or otherwise?
Reply:- It is not possible to indicate the likely date for implementation of Cadre Restructuring plan, since the proposal in this regard has to be necessarily examined by various Departments/ Ministries before it is sent for consideration and approval to the Union Cabinet and the time that different departments would take in examination of the proposal, cannot be quantified by the Department of Central Excise & Customs. Further the existing and anticipated workload in the existing Indirect Taxes Scenario would be the basis for formulation of the proposal of Cadre Restructuring/ Reorganisation of the Field formations under CBEC.
Q.ii. The number of proposals/presentations that have been submitted to the Board on the cadre restructuring during the past 6 months may please be provided. Also please inform the number of occasions in which the issue of restructuring was discussed in the Board Meeting.
Q. iii. Kindly provide me the copies of such proposals/presentations made to the Board till date, in hard copies or soft copies.
Reply:- No proposals have been submitted to the Board/Ministry in the matter of cadre restructuring. Whatever presentation have been made before the Board were related to the reports of three Cadre Restructuring Study Groups. The said reports of the three Study Groups are available on http://www.dghrdcbec.gov.in/. Process of formulation of Cadre Restructuring proposal involves continous consultation/discussions with the Senior Functionaries of the Government and other stakeholders. Hence, it is not possible to quantify as to how many times the issue of cadre restructuring has been discussed.
Q. iv.Kindly provide the copies of the minutes of all such Board Meetings in which either a presentation was made or the issue was discussed.
Reply:- During the presentations, no minutes as such were recorded. However, the Board discussed some issues arising out of the recommendations of the three Study Groups and those raised by various recognized staff associations. The Minutes of this Board meeting are enclosed.
Q. v.Kindly provide the copies of the reports of the committees, if any which were constituted for the purpose, other than those reports that have been placed on the website (www.dghrdcbec.gov.in) on cadre restructuring.

Reply:- There is no report on cadre restructuring, other than those submitted by the three Study Groups.

Q. vi. Kindly inform if any new posts are likely to be created or existing posts are being upgraded or abolished. If so details of the same may be provided.
Q. vii. Kindly inform the number of new commissionerates that are likely to be created in the ongoing cadre restructuring process, with details of the same.
Reply:- Cadre Restructuring proposal is still at drafting stage. No decision on any issue, other than those contained in the enclosed Board Meeting (Minutes for meeting on 12.05.2010), has been arrived at.
MINUTES OF THE BOARD MEETING ON RESTRUCTURING
I. CADRE RESTRUCTURING ISSUES REQUIRING DIRECTIONS FROM THE BOARD.
2.1 Further to the presentation made before the Board on March 23, 2010 on the proposed Cadre Restructuring of the department, the following issues were considered and decisions taken by the Board:-

(i) Parity of the hirearchial structure of IRS (C&CE) with other services:

It was decided to seek en-cadred posts at the Apex Scale and HAG + level in IRS (C&CE). Further, Commissioner level posts should be proposed both at SAG and HAG levels. Provision for the same to be made in the Cadre Restructuring Proposal.

(ii) Layering in the hierarchy of IRS (C&CE):

Principal Chief Commissioner in Apex Scale and Chief Commissioner at HAG + level should be at the same functional platform in the hierarchy. Similarly, Commissioenr (SAG) and Commissioenr (HAG) should also be at the same functional platform. In the Cadre Restructuring proposal, the organization structure for the Department should be proposed in a manner such that the Chief Commissioner is not required to report to a Principal Chief Commissioner. Similarly, Commissioner (SAG) would not be required to report to Commissioner (HAG).

(iii) Growth at Entry level of IRS (C &CE):

Entry level in Indian Revenue Service (C&CE) should be strengthened and 1671 additional posts at JTS/STS level (excluding reserve posts) should be solicited in the cadre restructuring proposal. The increased functional sanctioned strength at DC/AC/ level would also be required for the successful transition of indirect tax administration to Goods & Services Tax regime.

(iv) Shipping Bill norms for Export Commissionerates:

The Cadre Restructuring Study Group –III has suggested a norm of 3 lakh Shipping Bills for creation of Customs Export Commissionerates. This represents a three fold jump over the earlier norm of one lakh shipping bills considered for creation of Export Commissionerate during the last cadre restructuring. Corresponding increase on import side has been stated by the Group from fifty thousand to one lakh twenty five thousand BOE. The export performance of the country is a vital foreign exchange earner. At the same time significant amounts of customs duty is foregone by way of export linked concessions. Considering the increase in the volume of Shipping Bills and corresponding duty foregone documents, the Board was of the view that the norm of 2 lakh Shipping Bills per annum would be suitable for creation of new Customs (Export) Commissioneates on the basis of the said norms of 2 lakh Shipping Bills per annum.

(v) Issues regarding Organisational structure of PCA:

The Board concurred with the suggestion of an embedded PCA set-up in all Central Excise & Customs Zones to be headed by the Commissioner. It also felt that the separate Audit set up should include Central Excise & Service Audit as well and a dedicated Audit Commissionerate be created in each Zone. In the cadre restructuring proposal, the organization structure for the Department is required to be proposed accordingly.

(vi) Augmentation of Executive grade of Ministerial Grade:

Considering the nature of duties of the Executive Officers and the likely roll out of GST, the Board did not agree to the suggestion for diversion of 50% of the additional strength to ministerial side to provide support for office functions. Moreover the GST regime may require a greater work force of Executive officers for discharging various business processes.

(vii) Report of the High Powered Committee:

Recommendation of the High Powered Committee should be examined independent of the cadre restructuring exercise.

(viii) Abolition of 6906 posts:

The Board directed the identification of the said number of posts so as to be able to fulfill its commitment.

(ix) Creation of Reserves:

Provision for additional appropriate number of posts at entry grade of IRS (C&CE), over and above the proposed sanctioned strength of 5113, be made towards training/ leave/ deputation reserve in the cadre restructuring proposal.


(x) Dedicated set-up at Chief Commissioner level, exclusively for Cadre Control:

Since Cadre Control functions have been assigned to the Chief commissioners, a dedicated CCA-setup headed by a Commissioner level officer should be provided in the office of the Chief commissioner to provide appropriate assistance to the Chief Commissioner in cadre control functions. In the cadre restructuring proposal, exclusive staff strength for cadre control set-up in office of the Cadre Controlling Chief Commissioners to be factored.

(xi) Creation of a regular post of OSD to chairman and all Members of the Board:

Proposal for creation of dedicated posts of Officer on Special Duty for Chairman and all Members of the Board should be incorporated in the cadre restructuring proposal.
II. ISSUES RAISED BY STAFF ASSOCIATIONS ON PROPOSED CADRE RESTRUCTURING.
5.1 In the context of the proposed cadre restructuring and the directions of the Board to the DG (HRD) for holding consultations with the recognized staff associations/federations, representing the varied cadres and employees in different grades, the Board was presented with issues identified during such interactions held with the following officers/staff associations and federations.

5.2 The following identified issues were presented for Board’s consideration and decided as under:

(i) Joint/Additional Commissioner to head the Divisions:

The Board did not find any merit and functional justification in the suggestion.

(ii) Direct Recruitment quota at entry level of IRS(C & CE) should be reduced to 25%:

The issue not being linked with the cadre restructuring was directed by the Board to be processed separately.

(iii) Creation of a separate Adjudication set-up at the Commissionerate and Division levels:

The Board did not find any functional merit or justification in the suggestion made by All India Central Excise Gazetted Executive Officers Association, hence rejected the same.

(iv) Audit Teams to be headed by DC/AC:

The Board felt that the issue be dealt with independently and in terms of the recommendations of the High Powered Committee, and delinked from the cadre restructuring proposal.

(v) Quota for ministerial grades for promotion to Appraiser to be enhanced to 10%:

The Board did not find any substance in the demand for enhancement of promotion quota, hence rejected the same.

(vi) Promotion quota in the Inspector grade should be enhanced:

The proposal being shorn of merit and without justification was not accepted by the Board.

(vii) Superintendents having completed one and a half times the qualifying service required for promotion to the grade of Assistant Commissioner be given promotion to the Asst. commissioner’s grade:

The issue not being a cadre restructuring matter was proposed to be delinked and examined separately.

(viii) Creation of 3000 additional posts at DC/AC level:
Group ‘B’ Executive Associations suggested that more than 3000 additional posts at DC/AC level should be created to address the problem of stagnation in executive grades. The Board noted the Study Groups/ DGHRD have suggested creation of 1671 posts at DC/AC level and felt that creation of more posts may not be functionally justified.
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