Wednesday, January 30, 2013

Recruitment Rules

No.AB.14017/37/2012-Estt (RR) (6943)
Government of India
Ministry of Personnel, PG & Pensions
(Department of Personnel & Training)
Room No.215-A/II, North Block, New Delhi
Dated the 28th January, 2013

OFFICE MEMORANDUM

Subject: Check list for sending proposals to DOPT for framing/amendment of Recruitment Rules.

The undersigned is directed to state that instructions on framing / amendment of Recruitment Rules prescribe that the proposal for framing / amendment Recruitment Rules for Groups ‘A’ & ‘B’ posts /services as approved by the Administrative Ministry / Departments should be referred to this Department in certain format (viz Annexure I to III) and accompanied with other documents / information, for consideration of this Department. It has been noticed that the proposals sent by the Ministry / Department are not complete in all respects and this Department has to return the proposal seeking further information/documents/clarification for considering the proposal. Further, this Department has taken a decision that proposals for framing/amendment/revision of RRs shall now be processed on-line only and after freezing the proposal by this Department, the physical file will be accepted for concurrence.

2. In order to facilitate easy and early concurrence on proposal for framing / amendment of Recruitment Rules, a check list to be used while sending such proposals to this Department is enclosed. It is requested that all proposals for frarning / amendment Recruitment Rules, being sent to this Department on file, must invariably accompany this Check list duly filled in.
3. Hindi Version will follow.
sd/-
(Mukta Goel)
Director(Estt-I)
DOPT OM No. AB.14017/37/2012-Estt(RR)(6943) Dated 28.1.2013

CHECK LIST FOR THE MINISTRIES / DEPARTMENTS FOR SENDING PROPOSALS TO DOPT FOR FRAMING/AMENDING OF RECRUITMENT RULES
   
1. Check list enclosed YES/NO/NA
2. Whether the proposal related to Group ‘A’ or ‘B’ posts YES/NO/NA
3. Whether there is any deviation from the guidelines on RRs in regard to the proposal related to Group ‘C’ posts YES/NO/NA
4. For RRs to be considered on line in case of the proposal related to Group ‘A’ or ‘B’ posts (excluding Service Rules):- YES/NO/NA
(a) Whether the Annexure I and Annexure II or Annexure III has been filled up completely YES/NO/NA
(b) Whether Hierarchy chart has been filled up YES/NO/NA
(c) Whether the contact details of the officer forwarding the proposal has been given YES/NO/NA
5. For RRs to be considered in file in case of the proposal related to Group ‘A’ or ‘B’ posts (excluding Service Rules): YES/NO/NA
(a) Whether the proposal has been sent on-line to DOPT YES/NO/NA
(b) Whether the proposal has been freezed by DOPT for sending the same on file YES/NO/NA
(c) If the proposal sent on-line has been freezed, the copy of report in regard to Schedule (Annexure-I) and Annexure II or Annexure III, as the case may be, enclosed YES/NO/NA
6. For Service Rules: YES/NO/NA
(a) Schedule (Annexure-I) enclosed YES/NO/NA
(b) Annexure II, if it is case of framing of RRs, enclosed YES/NO/NA
(c) If yes, whether annexure-II is signed YES/NO/NA
(d) Annexure III, if it is a case of amendment of RRs, enclosed YES/NO/NA
(e) If yes, whether annexure-III is signed YES/NO/NA
7. In case post created or upgraded, order furnished YES/NO/NA
8. IEn case post re-designated, order furnished YES/NO/NA
9. In case of addition or abolition of posts, the Order sanctioning additional / new posts or abolition of posts enclosed. YES/NO/NA
10. Duties of posts furnished YES/NO/NA
11. Hierarchy of chart along with pay band & Grade pay and method of recruitment furnished (both existing & proposed) YES/NO/NA
12. Whether initial constitution clause, where the RRs are framed for the first time and there are officer already holding the posts on regular basis, inserted YES/NO/NA
13. Whether the method of recruitment, prescribed by UPSC as one time method of recruitment in absence of RRs of post(s), intimated YES/NO/NA
DOPT OM No. AB.14017/37/2012-Estt (RR)(6943) dated 28 .1.2013
14. Whether promotion proposed YES/NO/NA
15. If yes, whether Recruitment Rules for feeder posts enclosed YES/NO/NA
16. Whether other promotional channel available to feeder post YES/NO/NA
17. Whether successful completion of mandatory training in the relevant field included as a criteria for promotion to be considered by DPC YES/NO/NA
18. Whether Deputation has been proposed YES/NO/NA
19. 1f yes, the field of Deputation is as per guidelines YES/NO/NA
20. Whether short term contract also included YES/NO/NA
21. Whether provision for Armed Forces Personnel made YES/NO/NA
22. If yes, whether ranks of Armed Forces Personnel indicated YES/NO/NA
23. Whether composite method has been proposed YES/NO/NA
24. 1f yes, whether there is only I feeder grade post against 1 post in the higher grade. YES/NO/NA
25. Whether Direct Recruitment has been proposed YES/NO/NA
26. If yes, whether further promotional avenues available to direct recruits YES/NO/NA
27. Whether Age limit for direct recruits prescribed is in order YES/NO/NA
28. Whether provision for filling short term vacancies made in Recruitment Rules when Direct Recruitment is the only method proposed YES/NO/NA
29. Whether period of experience proposed is in order YES/NO/NA
30. Whether Educational Qualifications for direct recruits apply to promotees (for Scientific and Technical posts in Senior Time Scales and above. YES/NO/NA
31. n case Educational Qualifications for direct recruits are proposed to be modified and are to be applied to promotees, whether safeguards provided for existing incumbents YES/NO/NA
32. Whether standard note in relevant columns (No.6, 7, 10 & 11 of the Schedule i.e. Annexure I) enclosed YES/NO/NA
33. Composition of separate Departmental Promotional Committee for promotion and or confirmation intimated YES/NO/NA
34. Whether the composition of DPC includes minimum number of officers and UPSC has been associated wherever prescribed YES/NO/NA
35. In case of amendment, whether copy of existing Recruitment Rules furnished. YES/NO/NA
36. Whether reasons for amendments specified YES/NO/NA
37. In case of framing of RRs, Order for creation of posts enclosed. YES/NO/NA

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/14017_37_2012-Estt.RR-28012013.pdf]

Tuesday, January 29, 2013

APPEAL TO JOIN IN AGITATION

FM is not in a mood for approval of CR. DOPT without fresh clearance from Expenditure will not place the CR before Review Committee. FM is also in charge of Expenditure and will not approve the CR. If notification for Election will be issued then CR will not be approved by Cabinet. Hence we have to forget about CR till the formation of next GOVT.
One group amongst us is blaming another group in delaying CR by asking the report. The other group is taking credit by saying that they made achievement by getting the copy of report. We have no Unity amongst our selves. Supdts. Association is not joining in JAC on the ground that the Charter of Demands of JAC is for delay the CR, hence it is against their interests.
Now the AIACEGE has served notice for agitation. We have no other option except to opt for agitation at this stage. Therefore we can appeal AICEIA to join in agitation forgetting all differences to make the agitation a grand success. Enough publicists have been made by  AIACEGEO about agitation. Member(P&V) of CBEC therefore called our leaders of AIACEGEO for discussions on 31.01.13. This time our leaders will not accept  any suggestion of Board to deffer agitation.

Monday, January 28, 2013

Atleast learn from a farmer,(in human working and office condition plus a tragic end of a dynamic officer)Atleast learn from a farmer,(in human working and office condition plus a tragic end of a dynamic officer)

 
CESA MUMBAI
CIRCULAR No. 1/2013

Dear Members,
The celebration of the New Year 2013 was cold because of the 16th December, 2012 New Delhi incident that shook the entire country. People came on road openly demanding safety, respect and dignity. The Government was forced to wake up due to mass agitation. The expectation of our cadre in the year 2012 of cadre restructuring, promotions etc. remained an illusion due to the constant systematic neglecting attitude of the CBEC. The same remorse feeling is prevailing and the officers are retiring with sour heart.

SERVICE TAX: As the situation and the working condition in the Service Tax is alarming the steps initiated by CESA, Mumbai Unit to tackle the same are as under:

The Managing Committee Meeting of CESA, Mumbai was held at NACEN, Bhandup on 11.01.2013 and had a detailed discussion apart from other issues relating to Service Tax, Infrastructure, Work-load, Lack of supporting Staff and unruly behavior of the Senior Officers. In this regard, CESA, Mumbai has passed a resolution and forwarded it to the Finance Minister and copy endorsed to the Revenue Secretary, Chairperson and Member (P&V) & Member (Service Tax), C.B.E.C. The workload in the Service Tax as well as the Revenue has increased manifold. The Department does not have the vision how to mop-up the revenue and plug the leakage except giving threats to the field staff. The Senior Officers have been sent to Foreign Countries to learn their tax collection pattern so that the same may be adopted here. India is basically an Agricultural Country and instead of spending Crores of Rupees on foreign travels, we should learn, at-least, from our own farmers. For example, in villages after harvesting the poor farmer carry their crops on their head and deposit in one place, the small time farmer carry their crops on bullock cart whereas the rich farmer carry their crops on tractors. The mode of carrying and using the carrier varies from head-load to bullock cart to truck. Many of us in our childhood have witnessed that no one can carry anything beyond their strength and capability whether it is head-load or bullock cart or tractor/truck. Sometimes it happens, the miser loads in excess which results in dropping of the grains. Similarly, we have also witnessed when excess grains are loaded in the cart, the bullocks are unable to carry, become breathless, kneel & collapse. When such incidence happens, the farmer realizes and immediately loosen the rope and bifurcate the load and transports it in multiple batches. Even the vision prevailing among the ordinary farmer is lacking at our top level.

The imposition and collection of Service Tax revenue started from 1994 with
4 services (now no services are left out except negative list) and now it has reached 2.5 lakh assessees and revenue up-to December, 2012 has touched Rs.30,000 Crores in Mumbai itself. With a skeletal staff, without increasing the Commissionerates / Divisions the administration is managing the show with the existing 2 Commissionerates and 6 Divisions. Even the condition of Service Tax wing of Raigad Commissionerate, having 10,000 assessees and yielding a Revenue of Rs. 500 Crores annually, is in the same apathetic condition without proper amenities, infrastructure end even without a regular Assistant Commissioner. CESA made several representations and met several senior officers who are not sensitive to the issues, which compelled us to pass the resolution (copy annexed).

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Address for correspondence

Shiv-Gaurav, Flat No. 10, Plot No. 16, Shiv Ganga Nagar, Ambernath (E) – 421 501.
e-mail : sasmal2011@gmail.com Tel. : (0251) 2603806; Cell : 09820950885


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No officer should attend office on Saturdays/Sundays and Public Holidays except on exigency grounds or involve themselves in freezing bank accounts without authority of law. Similarly, no PRO work except protocol to be carried out. Do not carry your own laptop or request your colleague to share their chair/table/computer/printer/internet. Do not move from your office to any places unless the vehicle/facility/remuneration is provided to you.

If situation doesn’t improve, be prepared to work in the open area of office premises on 22nd February 2013 to register our protest. Dear Members, Now the time has come to be bold and strong, and face the situation as the Administration except creating pressure tactics or issue threat of disciplinary proceedings to get the enormous work done without providing the basic facilities like working space, table & chairs, supporting staff etc... The Service Tax Commissionerate in Chennai and Banagalore was formed much later and they have their own premises, but it is shame that we still do not have our own premises. We have tolerated enough, our safety and respect and dignity to be maintained.

A Tragic End of a Dynamic Officer:

We lost a dynamic officer Shri. S.P. Mane, Superintendent, Service Tax – I (Audit), Mumbai on 23.01.2013 due to heart attack. Condolence Meeting was held on 24.01.2013. CESA express its heartfelt condolences to the grieved family and pray the Almighty “Let the Departed Soul Rest in Peace and give courage and strength to the family”. A Telegram (copy enclosed) was sent to the Finance Minister copy endorsed to Revenue Secretary, Chairperson, Member (P&V), Member (Service Tax) of CBEC to express our agony.


TELEGRAM TO FM


In continuation to our letter dated 18.01.2013 (Resolution dated 11.01.2013 by CESA, Mumbai), while the ink of the communication is yet to dry, one more casualty in the cadre of Superintendent, one of the best officers posted in Service Tax, Mumbai – I passed away due to massive heart attack.

This is yet another unfortunate incident stirring our souls. The loss of Shri S.P. Mane at the age of 53 is an irreparable damage caused to his family, for which the callous attitude of the Service Tax Administration is solely responsible.

It’s high time for Hon’ble Finance Minister to intervene and sensitise the administration for immediate remedial action to avoid any further recurrence of such unfortunate incident.

Dated: 23.01.2013 CESA, Mumbai

Copy: Revenue Secretary, Chairperson, Member (P & V), Member (Service Tax), C.B.E.C., New Delhi.

Shri. S.P. Mane was one of the jewel of the Department who excelled wherever he was posted whether in Excise (Prev.) or Customs (Prev.) or Commissioner (Appeals), Service Tax etc. He brought many laurels, appreciations on account of his excellent and sincere work. Within a span of 10 months he single handedly detected Service Tax evasion of Rs. 30 crores revenue and got realized Rs. 21 crores. Recently, he detected evasion to the tune of Rs. 10 Crores by Al Arabiya Airlines who have already paid around Rs. 9 crores. Investigations of similar evasion of Service Tax by Singapore, Swiss, Gulf, Kuwait and Emirates Airlines are in pipeline. Earlier he received appreciation for detection of unique modus operandi adopted by Hyatt International, and modus operandi circular was also issued. He was a good colleague and friendly and was always helpful to those in crisis.

For such an outstanding officer it is tragic to share that he had done his angiography on 12th January and was in office even on 19th January attending his work. He got admitted on 20th evening, by-pass surgery was scheduled on 21st and before reaching the operation theatre he suffered a massive heart attack around 8:00 a.m.

Shri. Mane had applied for medical advance of around Rs. 3 lakhs. Shockingly the application remained in the file as there was no grant. This is the tragedy of a Superintendent who recovered around Rs. 30 crores and the department could not advance even Rs. 3 lakhs.

The departure of Shri. Mane has created a vacuum in the office which can be filed up by his colleague but the space in his family and home will always remain empty.

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Felicitation function :

For the second consecutive year the felicitation of retired Superintendents was held: This time at NACEN, Bhandup for Superintendents retired during January to December, 2012. Shri S.P. Bhadagaonkar aged 94 years who joined the Department in 1941 and retired as Superintendent in 1977 was also felicitated. A directory of all retired Superintendents of 2012 was also released by him. The felicitation function was reported in Tax India on line and CENGO India blog post and cesamumbai2013.blogpost.com.

CONCLUSION:

In our forthcoming Circular we will appraise you in detail as well as the call by the All India Body about the agitation programme and boycott of Celebration of Excise Day

Dear Members, the blood given by our fellow officers for Shri Mane, and his abrupt demise should not be forgotten. Be serious to take care of your own health. Take timely leave and medical check-up - do not postpone or wait for a crisis.

Dear friends, your whole hearted participation supporting our resolution passed by CESA, Mumbai is expected and strive till the Administration wakes-up and redress our genuine grievances.

Encl : As above.


Mumbai, 28/01/2013.
Yours sincerely,
A.K. Sasmal
General Secretary










































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LETTER TO FM





Central  Excise Superintendents’ Association, Mumbai
Unit of AIACEGEO

( Recognized under F. No. B-12017/10/206-Ad-IV A dtd. 21-01-2008 ).

   V.A. Kolhatkar, President        A.K. Sasmal- General Secretary        
___________________________________________________________________________________________

Mumbai I,  II,  III, V,  Thane I, II, Belapur, Raigad, Customs Prev,, Service Tax – I & II Comm’te & L.T.U. Mumbai.
 


Ref. : CESA/12/2013.
Dated : 18.01.2013.

To

            The Hon’ble Finance Minister
            Government of India, North Block
            New Delhi

Respected Sir:

            Sub :  Resolution of CESA Mumbai dated 11.01.2013 – Reg.

We are encroaching upon your precious time for appraising you about the Administration of Service Tax Commissionerates of Mumbai and its terrible working condition. As several representations have yielded no result and improvements, with Commissioners, Chief Commissioners and Members have come and gone, but still the Administration is unresponsive. No vision exists as to how to cope up with the expansion of service tax base and the service tax collection in Mumbai which contributes a major share of the Union exchequer.  Also there is no mechanism to plug the evasion and check the increasing number of defaulters.

As the working condition of the field staff is deteriorating day by day CESA Mumbai has been compelled to pass a Resolution in the matter. We are bringing to your kind notice the contents of the Resolution for action.

With regards, Sir,

Yours sincerely,




A.K. SASMAL
General Secretary

Copy to :

1.         Hon’ble Revenue Secretary, Ministry of Finance, North Block, New Delhi.
2.         Hon’ble Chairperson, CBEC, Ministry of Finance, North Block, New Delhi.
3.         Hon’ble Member, Service Tax, C.B.E.C. North Block, New Delhi.
4.         Hon’ble Member, (P & V), C.B.E.C.North Block, New Delhi.
5.         Hon’ble Chief Commissioner, Mumbai Zone – I and Zone – II.
6.         Hon’ble Commissioner, Central Excise, Mumbai – I, II, III, V, Thane – I & II, Raigad, Belapur, Service Tax – I, Service Tax – II, M & P & L.T.U Mumbai.
7.         Secretary General, A.I.A.C.E.G.E.O. New Delhi.


Address for correspondence
 

Shiv-Gaurav, Flat No. 10, Plot No. 16, Shiv Ganga Nagar, Ambernath (E) – 421 501.
e-mail : sasmal1@indiatimes.com. Tel. : (0251) 2603806; Cell : 09820950885

AGITATION- NEWS PUBLISHED IN NEW INDIAN EXPRESS ON 25.01.2013(NATION WIDE IN ALL PUBLICATION THROUGHOUT INDIA


Friday, January 25, 2013

ARUN KUMAR SASMAL, GENERAL SECRETARY, CESA , MUMBAI

CESA MUMBAI

FELICIATION

PRESENT POSITION ON CR AND ADHOC REGULARISATION

Very very bad news for our cadres. 1st Board is going to regularise the adhoc promotions in old ratio (6.1.2). As UPSC has refused to conduct any fresh DPC and advised the  Board to make regularisation of pending adhoc promotions first ,Board is going to make the regularisation stating that subject to out come of the judgement on Contempt  petition pending in Apex Court.2nd. The Secretary DOPT has categorically stated that unless Expenditure is cleared the revised proposal on CR of CBEC, the CR proposals of CBEC will not be placed before the Carder Review Committee. For clearance from Expenditure,the CR  file of CBEC was placed by Secretary Revenue to FM. FM is not in a mood for enhancement of staff strength. FM has stated since lot of expenditures have been incurred for Automation and Computerisation, then what is the justification for increase of staffs?. Board is unable to justify the same.Without strong agitation, nothing will be emerged in the present circumstances.

RESOLUTION OF CESA MUMBAI

Resolution of CESA Mumbai (AIACEGEO)

CESA Mumbai in its Managing Committee meeting held on 11.01.2013 considered at length among others the burning issue related to two Service Tax Commissionerates in Mumbai. Service Tax was introduced in 1994 with four Services, the ST branch started working from the 6th floor of the Mumbai-I Commissionerate at Churchgate building. Subsequently, due to increase in the number of services covered, it started functioning from all the existing Central Excise Commissionerate in both the Zones of Mumbai. The first full-fledged Service Tax Commissionerate came into existence in Mumbai in September, 2004 and it continued to function from the Churchgate office building.

In January, 2005 the sanctioned strength of Superintendents in M & P was reduced from 90 to 64 and 26 Superintendents were diverted and posted in Service Tax Commissionerate. Thereafter, gradually the Administration diverted the officers and staff from Central Excise Commissionerates of Mumbai Zone – I, to cater the increased work load of Service Tax. In September, 2010, Mumbai – IV Central Excise Commissionerate was abolished and in its place Service Tax – II Commissionerate was formed. The existing 6 divisions of Service Tax Commissionerate was bifurcated and both Commissionerates were given three divisions each.

With phenomenal increase in the assessee base, the workload of Service Tax has increased manifold. So is the collection of revenue. Side by side, disputes and litigations have also increased. However, in spite of huge work load and equally enormous amount of revenue, till date the Administration has adopted adhocism in every sphere of work relating to the functioning of the Service Tax Commissionerates in Mumbai. At the end of every financial year i.e. from December to March all the senior functionaries of the department from Delhi rush to Mumbai to mobilize revenue collection but when it comes to basic infrastructure they have miserably failed to pay any attention or to show any concern about the condition in which the officers of Service Tax are working. In any of the Chief Commissioners Conference this burning issue was never part of the agenda; nor considered in any other high level meetings. The adhoc mode of functioning continues unabated despite several representations submitted in the past to all the concerned authorities.

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Due to this apathy, several of our Colleagues and Officers have suffered irreparably damage to their health and some of them have even lost their lives. Condolences were offered to the families of fallen colleagues and empty assurances were given time and again to reduce work load and to improve working conditions and basic infrastructure. But the Administration has failed repeatedly and we have now reached the nadir of our patience. The Administration has diverted 30% of the sanctioned strength of Superintendents from Central Excise Commissionerates of Mumbai Zone-I, i.e. Mumbai – I, Thane – I, Thane – II and Mumbai – V and posted them in Service Tax Commissionerates. Such diversion of officers from Central Excise Commissionerate to Service Tax is causing serious stress to the Central Excise Officers since they are forced to take additional charge and perform the day to day work and statutory work in time. Resultantly, the audit of the Central Excise formations, scrutiny, recovery and other time bound work are piling up and cannot be attended to in time. To increase the suffering further, now Audit work of HQs has been transferred to Ranges in Zone I Commissionerates.

On Service Tax side, six divisions, 32 Audit groups and 31 Anti-evasion groups, and numerous cells in addition to the regular sections are functioning under the two Commissioners. Each division is having more than 40,000 service tax assessees, and the skeletal staff posted there is required to manage the entire show. It is a matter of shame that there are no basic facilities to handle a total registered assesses of more than 2.5 lakhs paying revenue of more than Rs. 29000 thousand crores upto December, 2012. Less said the better about the efficiency, speed and the quality of ACES system and infrastructure related to it. Apparently, functioning of the ACES system is of least concern to the Administration and has become non-operational resulting in statistics relating to number of Service Tax assessees / returns filed / SCNs issued etc. are not being properly/ correctly reflected in the system.

The work load of every Superintendent whether posted in the Division, Audit, Anti-Evasion or elsewhere is so heavy that it is humanly impossible to do justice to the mountain of issues and files. For almost two decades the number of service providers and the service tax regulations have been amended and expanded tremendously, but its enforcement and Administration in Mumbai is still being done on adhoc mode and managing the Administration as and where basis. We are ashamed of the utter callousness of the Administration in dealing with the life and death situation prevailing now. The Administration has stooped to such a low level that they expect the diverted Central Excise Superintendents and officers even to carry their old furniture and computers/personal laptops to their newly posted Service Tax Commissionerate. There can be no two opinions about the
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total failure of the Administration in providing even the most basic infrastructure for effective functioning to its workforce, like office space, chair, table, computer, Officers, Staff etc. Forget about minimum courtesy to provide even chair to Assessees who are visiting our offices.

Further, the utter lack of vision of the Administration is compelling the officers to attend office on Saturdays and holidays. The Administration is well aware that in the days of computer, mobile and email the officers are always connected and are working beyond office hours and even from home, trying their best to do justice to the overload of work but the Administration failed to provide network/LAN facilities. These very officers are already tired of working beyond working hours in an office bereft of basic infrastructure. The Audit and Anti-evasion groups/officers are asked to do their field duties without providing any vehicles or any travelling allowances. Further, the Hqrs of both the Commissionerates are functioning from Churchgate while their Anti-evasion and Audit groups and other sections are functioning from Worli, Dharavi and old Customs house. These officers are also called regularly from their respective office to Hqrs. and no transport facilities or traveling allowance / remuneration is given to them, apart from wastage of office hours. The cost and stress of additional travel in Mumbai, coupled with the unacceptable behavior of some of the senior officers, is adding to the mental stress of the officers even to render their best.

Thus, to conclude:

  • Several representations from Associations submitted to the Administration on basic infrastructure, work load and working conditions have failed to evoke even muted response;
  • the Administration has always been acting in an adhoc and casual manner;
  • the Senior officers who are duty bound to ensure healthy working conditions to their subordinates have repeatedly failed in their basic duty of protecting and taking care of their sub-ordinates;
  • due to lack of vision of Administrative powers that for almost two decades, the continued insensitivity and inaction, has taken a serious toll on the Superintendents and Inspectors in particular and staff in general;
  • the Administration has completely failed to foresee the magnitude of the assessee increasing in every passing day and the issues and problems that are arising thereon, and has completely failed to chalk-out an action plan and implement a healthy assessee-officer ratio; and proper mechanism for effective control and mop up revenue collections and also to check defaulters
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In the light of above,
CESA Mumbai UNANIMOUSLY RESOLVES -: THAT

The existing Service Tax Commissionerates and Divisions in Mumbai be further bifurcated to form more new Commissionerates and Divisions, based on number of registered Service Tax Assessees;
  • Sanctioned Strength of Officers and Staff at all levels be fixed in direct proportion to the number of registered assessees;
Office premises be acquired to meet the requirements of all officers and staff.
work load of Superintendent to be quantified, proper duty list to be allocated and norms be fixed for each item of work with adequate support and sub-ordinate staff;
the officers, especially from Audit, Anti-evasion and field staff on survey work, shall be provided with vehicle for carrying out the field work or the reimbursement of the traveling expenses;
no Superintendent be forced to interact or communicate under their signature with outside agency or banking institutions like for freezing of accounts etc.;
the role of the Superintendent is supervisory and it should be clearly adhered to;
No officer should be called to office on Saturdays and holidays unless there is emergency situation; and no one should be asked to work beyond prescribed office hours;
  • No leave of any kind should be denied to any officer;
  • The Senior Officers should not misbehave, ill-treat or use filthy language to the subordinate Officers. Such misbehavior, ill-treatment does not improve the efficiency but demoralize the officers. Therefore use of abusive/filthy language will not be tolerated;
  • staff on loan basis be surrendered to Central Excise Commissionerates and the strength of Marine & preventive be reviewed; and
  • If infrastructure situation does not improve, then we will be constrained to launch agitation and register our protest, by working in the open area of the office premises on 22nd February 2013.





V.A. KOLHATKAR                                                                                  A.K. SASMAL
President                                                                                              General Secretary

Mumbai : 11.01.2013.

PRESS STATEMENT

ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
               Ref. No. 1/Pr/2013                                                                                                 Dt. 10.01.13


PRESS STATEMENT  

MASS RESIGNATION BY GAZETTED EXECUTIVE OFFICERS


All the  Gazetted Executive Officers of Central Excise, Customs and Service Tax Department of Central Government posted throughout the country   will take part in the agitation to be conducted  during 24.02.13 to 01.03.13 ,boycott the Excise Day on 24.02.13  and finally will submit mass resignation on 30.04.13. The Gazetted Executive Officers posted in entire   124  Commissionerates have confirmed their participation in the strike action.  The strike is organized by the All India Central Excise Gazetted Executive Officers, New Delhi on  the basis of the strike notice served on 31.12.2012 to Finance Minister of India for a settlement of the 10 Point charter of demands (copy enclosed).

The Gazetted Executive Officers of throughout the country are mainly  agitated over the delay in approval of Cadre Restructuring proposals of Central Board of Excise and Customs and cleared by the Department of Expenditure since long by the Department of Personnel & Training which is headed by the Prime Minister of India 

It is required to approve Cadre Restructuring in every 5 years but only 2 cadre restructurings were approved during 1991 and 2001  by Central Government for this old Department which was created during the year 1944. There are near about 12000  Gazetted Executive Officers working in Central Excise, Service Tax and Customs Department but all  most all  of these Gazetted Executive Officers are retiring without getting promotion to Gr-A posts. The reason of such acute stagnation is mainly attributed for non conducting of Cadre Restructuring within the time frame prescribed by Central Government. The Gazetted Executive Officers known as Superintendent of Central Excise  are retiring after getting only one promotion in their service career on account of  decades long acute stagnation. They are deprived of the appropriate pay scale/pay band & grade pay. They are facing the worst career prospects and working conditions. The employee grievance redressal mechanism has totally failed as the administration has no interest to redress the staff grievances. The Gazetted Excutive Officers of Central Excise are forced to work under the extreme juniors of Customs belonging to the same cadre. The cadre restructuring is pending with the government for last 6 years. The concerned authorities are taking nothing seriously in relation of any of the issues. In view the above, the Association is forced to decide to revive  the agitational programme.

Accordingly, the notice is being served upon by the Association on 31.12.2012 intimating that all its members would observe protest week  from 24.02.13 to 01.03.13 by wearing black badges, having peaceful demonstration in lunch hours on 01.03.13 and  totally boycotting the Excise Day  function on 24.02.13 throughout  the country.  As a next step, all its members also may submit mass resignations on 30.04.13 in protest. The 10 points  charter of demands as submitted by  the Association on 29.10.12 along with other points were discussed in the  meeting held on 02.11.2012 under the Chairpersonship of Member(P&V), Central Board of  Excise and Customs and the Member(P&V) was pleased to  assure the Office Bearers  to settle all the grievances within three months.

The Member (P&V) was also further pleased to appeal the Association to defer its agitational  programme  for 3 months. Accordingly ADG (HRM) of HRD, CBEC issued one letter duly approved by Member (P&V) to the Association asking to defer the agitational programme. Therefore, the programme was deferred for the time being as per the request of Member (P&V). Despite the assurance to settle grievances of association in the time bound manner, not a single point has yet been settled by Board. Therefore it has been unanimously decided in the Associate Committee meeting of the Association  to revive the programme during the month of February, 2013, if all its grievances are not settled in time bound manner within 31.01.2013.

 Charter of demands

1. Immediate implementation of the cadre restructuring without any cut as already approved by the Expenditure. All proposed posts to be approved permanently and be filled-up by promotions only alongwith all posts likely  to be vacant  within 5 years of implementation of cadre restructuring without any direct recruitment in group ‘A’ during the period.

2. Parity with other counterparts of CSS, CBDT etc. either in the cadre restructuring or independent of it to retire our officers also in PB-4.

3. Immediate fulfilment of the commitments like ‘all the vacancies of cadre restructuring to be filled up by promotions & extend this benefit for more than 1 years’, ‘creation of separate service for group ‘B’ executive officers’, ‘promotion of group ‘B’ gazetted executive officer directly to STS like CSS’, ‘minimum qualifying service for promotion to gazetted post should be uniform for Inspector, PO & Examiner’, ‘all Inspectors, PO’s & Examiners of same year should be brought to same level of promotion’ etc. etc. made during the presentation on cadre restructuring proposal on 18.01.11 in consonance of the submissions made by the Association vide its Ref. No. 13/11 Dt. 27.01.11.
           
4. At least four functional promotions in the service career. 
          
5. Immediate implementation of the Supreme Court verdict dt. 03.08.11/30.03.12 by framing “just, fair & equitable” recruitment rules and abiding all the ad hoc promotions with the same duly granting notional promotions to the seniors of Central Excise whose juniors of Customs have already been promoted.

6. Initial grade pay of Rs. 5,400/- in PB3 to the Superintendents of Central Excise w.e.f. the date of the grant of this grade pay/equivalent pay scale to the other analogous counterparts of IB, CBI etc.
            
7. Time-scale in PB3 instead of PB2 to the Superintendents completing 4 years of service and promotions to all Superintendents directly to the post of Deputy Commissioner (STS post) to maintain parity between the officers of headquarters organisations & field offices. Also counting of regular service in non-discriminatory manner as compared to CSS etc. 
           
8. At least a grade pay of Rs. 6,600-/ & 7,600/- on IInd & IIIrd MACP upgradation without offsetting with time scale on the lines of MACPS adopted by the State Governments like Uttar Pradesh etc. or even on better lines on account of the originating source (i.e., 6th CPC) being the same.
             
9. Finalisation of in-situ promotion scheme under consultation of the Association.

10. Holding of regular minuted meetings under employee grievances redressal mechanism.
                                                                                               
 LOKANATH MISHRA.
                                                                                                      PRESIDENT
ALL INDIA CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS ASSOCIATION