CESA's SUGGESTION ON PLACEMENT / ALLOCATION / REPATRIATION POLICY FOR MUMBAI ZONE

                                                                                                  Ref : CESA/70/2014

                                                                                                  Date : 7.10.2014

To,

The Chief Commissioner

Central Excise Mumbai Zone – I & II,

Mumbai.

Respected Sir/Madam,  

                      Sub: - Allocation of staff to the new Commissionerates / Zone - Reg.

          The CBEC has issued the jurisdiction Notifications in the ongoing process of re-organization, on 16.09.2014.

As per these Notifications, the respective Commissionerate-wise sanctioned strength of Superintendents are as follows:
            In Mumbai Zone I – Mumbai I (65), Mumbai IV (erstwhile Mumbai V renamed as Mumbai IV) (50), Thane I (55), Thane II (64), LTU &
Central Excise Audit Comm’te (55) plus various Directorates, (97+2).
           (SS for LTU 60 + Audit 74 + M & P 90 are to be apportioned among the Central Excise and Service Tax executive Commissionerates)
(8 Central Excise and 7 Service Tax Commissionerates).
            In Mumbai Zone II – Mumbai II (60), Mumbai III (54), Belapur (SS of 64), Raigad (70), Audit (55 + 7)
            In Service Tax Zone: Mumbai I to Mumbai VII, 60 × 7 = 420 plus and for Three audit Commissionerates the strength will be of 59 × 3 = 177.
           Old strength of Zone I and in Zone II was 614 and 419 respectively.  Old Strength of Service Tax I and II was 214 against current strength
 of 597 hence there is an increase of 383 posts of Superintendents which needs to be aligned from Central Excise. Officer on loan in
Service Tax I – 37 and in Service Tax II – 30 from Central Excise be repatriated to their respective Central Excise Commissionerates.
          The strength of LTU is enhanced as well as a separate Audit Commissionerate of Audit of LTU is also coming into existence. Apart from this
the staff to various Directorates on deputation basis and the maximum number which can be given on loan basis from field formation is also
stipulated separately.
          In view of the drastic changes in the sanctioned strength of Commissionerates, formation of new Service Tax Zone, and the resultant
repercussion on deployment of staff, CESA had held a series of meetings with its cadres at field level. The feedback received from the cadres was
that the redeployment should be carried out with least inconvenience to the staff while allowing smooth functioning of the administration. Accordingly, i
n the Managing Committee meeting held on 25.09.2014, after due deliberations, it has been decided to suggest to the administration the following:

          A.   To maintain uniformity, both the Zones should formulate a joint committee which will examine and fix a common criteria
for allocation of staff from their respective Zones to Service Tax Zone and vice versa which will go a long way;
          B.   Willingness for change of Zone / Commissionerate / LTU be called for from all officers, subject to verification of the genuineness of the
such requests;
          C.   Officers who have completed maximum years in Supdt. cadre in Central Excise i.e., Zone-I or Zone-II be posted to Service Tax and vice versa
to fill the strength;
          D.   Officers presently posted on Loan basis from Central Excise Zones to Service Tax be repatriated as adequate strength has been sanctioned 
 to Service Tax formations to their respective Commissionerates;

          E.    The officers who have already worked in Service Tax since long be transferred to Central Excise Zones according to their line of commutation;
          F.    Similarly officers posted on loan basis to other formations should also be brought back to their parent Commissionerate/Zone;
          G.   Officers presently posted in Service Tax and LTU if willing to continue, may be retained;
          H.   The officers from Central Excise who have given willingness for Service Tax be posted in Service Tax first  and thereafter if  the strength
is still found short, then a common uniform criteria be adopted by excluding officers at Sr. No. I to K;
          I.      Officers due for retirement may not be displaced;
          J.    Officers on medical ground may not be displaced;
          K.   Superintendents who are likely to be promoted as Assistant Commissioner in the ensuing CR should not be displaced as it
will not serve any purpose except repetition of administrative work.

          Further, CESA requests that the Administration should not be in haste or take unilateral decision while allocating the staff, proper criteria be
adopted, without any discrimination or favour to anyone. Administration is further requested to take proper care to ensure that there is no heart burn for
newly promoted officers once they are posted to their new place. At the same time, it may also be ensured that the Senior officers should not get a
raw deal.
             Similarly, Mumbai Officers promoted and posted in Pune Zone prior to 30.09.2014, irrespective of their tenure, be repatriated
to Mumbai.
            Thanking you.
                                                                                                                                                                                      Yours sincerely,


                                                                                                                                                                                         A.K. SASMAL

                       General Secretary

 

                                                                                  Ref : CESA/68/2014

                                                                                   Date : 26.09.2014.

To,

The Chief Commissioner

Central Excise Mumbai Zone – I, Zone – II and Zone – III Customs

Mumbai.

Respected Sir/Madam,     

 Sub: - Framing of new Deployment/Transfer/Posting/Rotation Policy for Central    Excise Service Tax Superintendents of Mumbai Zones – reg.

            The CBEC has issued the jurisdiction Notification in the ongoing process of re-organization, on 16.09.2014. In accordance with the said Notification, Mumbai will have three(3) Zones comprising of Central Excise Zone – I (Mumbai-I, Mumbai-IV, Thane-I, Thane-II, Audit Commissionerate and LTU Mumbai) (4 + 1), Central Excise Zone – II (Mumbai-II, Mumbai-III, Belapur, Raigad and Audit Commissionerate)   (4 + 1), Service Tax Zone (Mumbai-I, Mumbai-II, Mumbai-III, Mumbai-IV, Mumbai-V, Mumbai-VI, Mumbai-VII and Audit-I, Audit-II and Audit-III) (7 + 3).

As the prevailing Transfer Policy is redundant in its place, a new policy is to be formulated to meet the requirement of administration as well as for the staff.

            CESA, has gathered its member’s views on the issue by holding meetings in formation first and then in Managing Committee meeting held on 25.09.2014 and on the basis of deliberations, the following views are submitted for kind consideration:

General: The guidelines will apply to all the Commissionerates of Central Excise in Mumbai Zones,  Service Tax Commissionerates of Mumbai, LTU Mumbai, Customs Preventive formations, outer Mumbai Zones i.e., Pune & Nagpur (restricted to those Officers who are posted on promotion for specific period), DGST & TAR etc. and for allocation of staff to various Directorates/formations restricted to this Zone only.

Aims of the policy: To give exposure to officers in all the formations of this Mumbai Zone.

            In order to achieve the above aim and to aid the smooth functioning of the administration, the following suggestions/proposals may please be considered before framing a new Transfer Policy. 

·         ICT Order of respective Zones be issued by the respective Chief Commissioners of the Zone.

·         IZT Order from Central Excise Zone – I to Zone – II be considered only on individual request and on merit i.e. residence/education or health problem of the officer.

·         Requests for Inter Zonal Transfers be considered first before effecting any Transfer Order so that the officers presently posted to Zone – I but hailing from or willing to be posted in Zone-II and vice-versa, be settled.

·         The ICT Orders be issued after IZT so that disturbance is minimized and streamlined. This exercise should be done either once in a year but not frequently or in piece-meal manner.

·         In view of the present reorganization, options/requests for IZT be called for as a one time exercise and thereafter only once in a year.

·         Rotation: As the number of Commissionerates are divided in 3 Zones viz. Excise-I, II &  Service Tax Zones in future the rotation be done amongst these three Zones as nature of work in all the three Zones will be different. It is requested that tenure in a Zone be fixed as 4 years per Zone, i.e. Excise, Service Tax for computation of tenure period of M. & P., LTU, Deputation and Loan to any Directorate should not be counted).

·         Tenure:

In Zone Four(4) years

(A) On completion of 4 years in the Zone, the officer be shifted to the other Zone i.e. from Central Excise Zone – I/Zone – II to Service Tax Zone and vice-versa. On completion of tenure in Service Tax Zone the officer be again repatriated to their respective parent Zones i.e. C. Ex. Zone – I or II.

In Commissionerate Two(2) years

(B) The tenure of officer in any Commissionerate i.e. Central Excise or Service Tax or Audit should be 2 years. On completion of 2 years in the Commissionerate the officers be rotated within the same Zone, i.e. within Central Excise and Audit or Service Tax and Audit, wherever they are posted. The tenure in a Central Excise Commissionerate be divided into one year each at any posting irrespective of Range, HQ. Sections, Divisions Section/Audit Group/Post or Pre Audit etc.

In Service Tax Zone officers be posted for 2 years in Executive Commissionerate and for 2 years in Audit. The tenure of each posting in the Commissionerate be of one year.

Similarly in Central Excise Zones on completion of tenure of 2 years in Excise or Audit, as the case may be, the officer be rotated and each posting tenure should be one year.

Tenure of CCO/DGST/Appeals/Adjudication/CESTAT/ Valuation etc. be one year and this tenure will not be counted in the tenure of either Zone or Commissionerate.

The tenure of an officer in M & P and LTU shall be 2 years. On completion of tenure in M.  & P. and LTU the officers be repatriated to the respective Zones from where they were posted to these formations.

·         Posting to M. & P.: Sanctioned strength of M. & P. be apportioned between the Executive Commissionerate of Central Excise & Service Tax equally i.e. (8 Central Excise + 7 Service Tax Commissionerates). The officers who have crossed the age of 57 as on the date of issuing Order should not be posted to M. & P. Juniors be posted to M. & P. in Order of Seniority. No repetition to M. & P.  The panel be prepared well in advance so that the repatriation/posting to and from M. & P. be smooth.

·         POSTING TO LTU Mumbai: Similarly, sanctioned strength of LTU be apportioned amongst the Executive Commissionerate of Central Excise & Service Tax equally i.e. (8 Central Excise + 7 Service Tax Commissionerates). The officers posted to LTU be experienced. The panel be prepared well in advance so that the repatriation/posting to and from LTU be smooth.

·         Posting of Officers on Promotion: On promotion from one cadre to other the Commissionerate of officer be changed irrespective of his/her tenure in the same Commissionerate. Senior officers be retained in Mumbai and if at all any officer is required to be posted to Pune or Nagpur Zone the junior officers be posted out of Mumbai.

·         All the officers presently posted to Pune/Nagpur Zone be brought back irrespective of tenure as a one time measure during the implementation of the Cadre Restructuring and re-organization of the jurisdiction.

·         A roster be prepared in  respect of officer promoted and posted to Pune/Nagpur Zone. On completion of one year officers posted out of Mumbai be brought back to their respective Zones.

·         Exemption: The cases of Medical grounds of individual/his/her spouse or Children and on the grounds of Education of their wards be considered on merit and be posted in non-sensitive posting for a period of one year.

·         Deputation: Placing officers on Deputation should be fair and transparent and for that the circulars calling for willingness be given wide publicity, manually as well as on Net. Submission of willingness online be encouraged. The administration should ensure that the vacancy position should be informed to all the field formations well in advance, as is done in case of Gr. A by CBEC site. The other guidelines regarding deputation /cooling off period, etc. be strictly adhered to.

·         From commutation point of view, Mumbai is divided into three parts as per the Railway services, Western, Central and Harbour. While placing the officers in any Zone and in any Commissionerate the basic criteria should be the place of residence vis-à-vis the railway line and the time required for commutation between the residence and the place of posting. The commutation time should be minimum as far as possible, as it consumes energy, money and generates only stress, which eventually effects the output of the officers. Therefore, as far as possible the officer residing on Central line, Western line and Harbor line be given Zones and Commissionerates located on these lines to minimize the commutation exertions.

·         Criteria of 2 years Sensitive and non-Sensitive be followed with no deviation or should be bare minimum considering situation of the formations.

·         Posting Transfer on Compassionate/Medical Grounds: The cases of self medical problem or of his/her spouse or children / parents only be considered on merits. In the order of posting issued on such grounds a specific noting be made about their posting in field and they have to be posted in static postings at least for one year and if situation warrants tenure of static posting be extended.

·         Options: Before deciding the posting of the officer in a Zone or a Commissionerate, as a one time exercise, options may be called for from the officers from both the present Central Excise Zones  for posting on the basis of place of residence and based on the requests made and the vacancy position, Zone posting be allotted to such officers, subject to verification of the genuineness of the request.

The suggestions for allocation of staff presently posted in the existing Commissionerates / Zones in the ensuing new Commissionerates / Zones will be communicated separately as the sanctioned strength of the Commissionerates / Zones has been reduced and new Commissionerates / Zones have been created.   The Allocation amongst the staff should not be made arbitrarily and a fair allocation criteria be formulated, so that the staff will not be demoralized.  

Officers presently posted on Loan basis from Central Excise Zones to Service Tax be repatriated and may be allowed to complete their tenure in the respective Commissionerate before allocation of staff in new formation. Similarly officers posted on loan basis to other formations should also be brought back to their parent Commissionerate as Board has now fixed the strength for each of such formation.

The above suggestions are tentative considering the exigency and are subject to changes keeping in view other guidelines framed by the Board as stated in the recently issued circular regarding formation of Audit Commissionerate and posting of staff there. 

The cutoff date of rotation/transfer (except on administrative grounds) be from date of last Order irrespective of their joining to new posting. A uniform practice be adopted for issuing Orders of posting/transfer/rotation and the implementation of Orders issued.

CESA earnestly expect that a joint meeting may be held with your goodself so that after due deliberation a Placement Policy for Mumbai Zone will be formulated which will go in a long way for better Administration and staff welfare.

Thanking you.

Yours sincerely,

A.K. SASMAL

General Secretary