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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AN APPEAL FOR JOINT ACTION COMMITTEE

ALL INDIA CENTRAL EXCISE & SERVICE TAX MINISTERIAL OFFICERS ASSOCIATION

Pune, 22.07.2010

Dear friends in Service,

It's indeed a privilege for me to be heading a recognized service organization, the prime objective of which is to work for the upliftment and career prospect of its members and to meet their legitimate demands. Being my first communication, I wish to keep all the e-mail id holders, list of which I was having in my inbox, regarding the negative impact of the previous Cadre Restructuring that was witnessed in the various Group 'B', 'C' and 'D' cadres by one and all.

It is indeed a matter of great concern for the stagnating Group 'B', 'C' and 'D' cadres, who were seldom consulted during the previous Cadre Restructuring and even if consulted, they have tasted the carrot and stick policy of the Board with nothing much falling in their kitty. However, there has been a show of unity with the formation of the Joint Action Committee, consequent upon which there has been some visible change in the attitude and mindset of the concerned authorities.

Further, the minimal transparency shown during the previous Cadre Restructuring is rather missing with various Associations being asked to submit the legitimate aspirations of its members whereas there is no indication whatsoever of what is likely to be the shape of the present Cadre Restructuring. Moreover, it is given to understand that the various submissions put forth to DG, HRD by the respective Association Heads has not been accepted by the Board, thereby giving an indication that once again its a Group 'A' Cadre Restructuring.

With the introduction of GST in the near future, and the manner in which the Present Cadre Restructuring is taking shape, I wish to put forth a proposal to all the Association leaders, irrespective of their cadre/recognition etc., to come ahead and assemble in New Delhi to revive the Joint Action Committee in the interest of the members on a mutually convenient date and time. It would surely be a matter of great appreciation incase the recognised Associations take the lead, supported by the other counterparts, thereby initiating a movement that could facilitate transparency in the proposal being formulated and finalized by the Board. Also, from my end I wish to assure all the leaders concerned that I am willing to make my presence in Delhi for the said cause, unconditionally.

Hoping to see the proposal yield results in the form of revival of Joint Action Committee and anticipating that the legitimate aspirations of our members are met with, I remain.

With regards,

Yours sincerely,

Thomas Mony,

Secretary General.

REMITTANCE OF MEMBERS' SUBSCRIPTION

Pune,
21.06.2010.

Dear Comrades,

I take this opportunity to extend my greetings and also thank all the Office Bearers, Unit representatives and the Members, with whose relentless support the Association got duly recognized. As per DOPT’s instructions relating to Recognition of Service Associations, each Association has to submit its audited Accounts at the end of every Year, towards the receipts & expenditure incurred thereon, failing which the renewal of recognition may not be granted.

The subscription for the current Year i.e., March-2010 to February-2011, in respect of each Member [@ Rs.24/- per Year] as per the DDO certificates forwarded to the Association may kindly be recovered and forwarded to the undersigned by way of Demand Draft or remitted to the Association's bank account [A/c No. 60042856534 in Bank of Maharashtra, Central Excise & Customs Extension Counter, Sangamwadi Branch, Pune] by direct debit facility. A signed copy of the letter addressed to the respective Unit representatives is placed hereunder for information, records and further action.

Looking forward for your sustained co-operation in this regard.

Yours comradely,
THOMAS MONY,
Secretary General.

RECENT NEWS

NEWS FROM THE ANNUAL CONFERENCE OF THE CHIEF COMMISSIONERS AND DIRECTOR GENERALS OF CENTRAL EXCISE, SERVICE TAX AND CUSTOMS

Finance Minister Pranab Mukherjee today asked tax collectors to become technology-savvy and develop an effective intelligence system to prevent evasion and punish wrong-doers.
"Tax evaders, as well as smugglers, are getting increasingly more sophisticated, using modern technology... you must also develop an effective intelligence system to not only check the evasion of taxes but also punish the wrong-doers," he said.
Mukherjee said this while speaking at the annual conference of the Chief Commissioners and Directors General of Customs, Central Excise and Service Tax.
"It is... essential that your intelligence, investigation and regulatory wings must get more and more technology-savvy," he told the taxmen responsible for collection of indirect taxes, who have a target to mop up Rs 3.13 lakh crore during the current fiscal.
Increased use of IT and upgradation of government agencies' cyber capabilities, Mukherjee said, could play a decisive role in checking tax evasion.
"If a tax system could be evolved to follow up on paper and other evidentiary trails, the tax evaders and other economic offenders can easily be brought to book," he added.
Later, talking to reporters, Mukherjee expressed the hope that Goods and Services Tax (GST), which seeks to subsume various indirect taxes, would be introduced from April 1, 2011.
Discussions, he added, were on with the state governments, as introduction of GST would require amendments to the Constitution and the consent of the states.
The new tax would be administered by the Central Board of Excise and Customs, he said, adding that it would be an administrative challenge for the officials, as the number of taxpayers would rise from 13 lakhs to 50 lakhs.
The Finance Minister further said that he held informal discussions with the Chief Ministers of the eastern states on the sidelines of the bankers' meet at Patna yesterday.
The minister will also be taking up the issue of GST with the Chief Ministers of the western states at the next bankers' meeting, to be held in Mumbai on June 28.
With regard to corruption, Mukherjee said there is a need to focus on preventive vigilance and "adopt a strategy of zero tolerance".
However, he was against filing of chargesheets against officials on their last day of service. "I want that no chargesheets are filed against our own employees on the last day of retirement after they have put in more than 30 years of service to the government," he added.

AICCEMOF

ADVANCE INCREMENT AND PAY FIXATION ON PROMOTION FROM OS TO AO

Pune.

03.05.2010

Dear Members,

The Association has requested the Ministry to grant Advance increment on passing departmental examinations and extend the benefit of the decision of the Supreme Court regarding fixation of pay on promotion from OS to AO, to all similarly placed Officers. Copy of the letters are reproduced hereunder for information.

Yours sincerely,

Sd/-

(THOMAS MONY)

SECRETARY GENERAL

* * *

ALL INDIA CENTRAL EXCISE AND SERVICE TAX MINISTERIAL OFFICER’S ASSOCIATION

Ref No. AICESTMOA/10-20.

Pune, the 27th April, 2010.

To,
The Hon’ble Member (P&V),
Central Board of Excise & Customs,
Ministry of Finance, Deptt., of Revenue,
North Block, NEW DELHI.

Respected Sir,

Sub : Grant of advance increments to officers who qualify Deptt., Exam – reg.

* * * *

Kind reference is invited to instruction issued by the Under Secretary (Ad.IX), CBDT vide F.No.1-11020/47/2007-Ad.IX dated 9th September, 2009 on the above cited subject. (copy enclosed for ready reference please)

2. In the various field formations under Central Board of Excise and Customs, advance increments used to be granted to officers who qualify the Departmental Examinations held prior to the Cadre Restructuring of 2001 (for eg., an Lower Division Clerk was entitled to draw two increments incase he qualified the Departmental examination in the first attempt). Since the pre-restructured grade of UDC has been re-designated as Tax Assistant consequent upon restructuring, and taking into consideration the fact that CBDT has extended the benefit of drawing advance increments to the officers in various designations consequent upon restructuring as per letter dated 9th Sept’09 it is kindly requested that a similar dispensation may be granted to all the eligible officers under Central Board of Excise and Customs as per the applicable rules which benefit would be applicable till 31.12.2005 (prior to implementation of the Sixth Central Pay Commission w.e.f.01.01.2006).

3. Anticipating a favourable decision on the above request, I remain,

Yours faithfully,
Sd/-
(THOMAS MONY)

SECRETARY GENERAL

* * * * *

ALL INDIA CENTRAL EXCISE AND SERVICE TAX MINISTERIAL OFFICER’S ASSOCIATION

Ref No. AICESTMOA/10-20

Pune, the 27th April, 2010.

To,
The Hon’ble Member (P&V),
Central Board of Excise & Customs,
Ministry of Finance, Deptt., of Revenue,
North Block, NEW DELHI.

Respected Sir,

Sub : Extending benefit of pay fixation under FR.22(1)(a)(1)
to officers holding posts of erstwhile cadre of O.S. on
merging into the cadre of A.O. after restructuring – reg.
*************************

Kind reference is invited to Board’s letter F.NO.A-26017/31/2007-Ad.II A dated 1st February, 2010 whereby the Commissioner, Central Excise, Bangalore-I has been requested to implement the orders and judgment passed by the Hon’ble CAT, Bangalore bench on 13.2.2008, 17.12.2008 and 18.12.2008 in favour of Ministerial Officers who had challenged Board’s order dated 24th July, 2006 regarding not extending the benefit of pay fixation under FR 22(1)(a)(1) to those erstwhile Office Superintendents who were holding the post of Administrative Officer in the pay scale of Rs.6500-10500 during the period from 01.01.1996 till 04.06.2002. (relevant copies enclosed for ready reference please)

2. While this Association places on record its appreciation towards the timely initiative taken by some of the Ministerial Officers of Central Excise, Bangalore Comm’te in challenging the denial of pay fixation benefits and attaining finality on the issue legally, ironically it is to observe that the Court directions have been extended restrictively to the applicants. From the Tribunal’s order it can be seen that the impugned order dated 24.07.2006 is quashed and set aside and hence the Board’s instructions contained in its letter F.No.A-26014/7/2001-Ad.II A dated 24th July, 2006 needs to be superseded by fresh orders in line with the Court’s order.

3. In view of the above facts and considering that there were many similarly placed officers who had either represented or are directly affected owing to Board’s order dt.24.07.2006, it is requested that suitable directions may be issued to all the Cadre Controlling Authorities under CBEC for uniform application of the Court order.

Thanking you,

Yours faithfully,
Sd/-

(THOMAS MONY)

SECRETARY GENERAL

Copy submitted for kind information to :

1. The Hon’ble Joint Secretary (Admn), Central Board of Excise & Customs, North Block, New Delhi with a similar request for issuance of uniform instructions to all the Cadre Controlling Authorities in the subject matter please.