CONVERT AC MEETING TO AEC MEETING

Respected President/Secretary General,

        I the undersigned, the President of CESA Mumbai, after taking over as President CESA, attended first meeting of AEC held at Patna with lot of enthusiasm and high hopes and expectation. First day passed in customary things.

        On the second day first session dealt with various other matters and the issue of regional disparities was not put for discussion. In Second half a few units who were scheduled to leave to catch the train/flights were in a hurry. I lost my temper when instead of discussing such an important matter abruptly Lunch was declared, and went on to the extent to say that if we skip one lunch we will not die but the issue needs proper discussion as it concerned us. The Chair assured that the issue will be discussed first immediately after lunch break.

        However, after lunch the issue was taken up. Everyone was charged and became attentive to safeguard their Zone’s interest. From the deliberation it was appearing as if the House assembled is of a local self units and not an All India Body to deliberate on the issues of the cadre as a whole. In such a charged atmosphere it was attempted to obtain individual unit’s opinion. Majority of the units present in the meeting who are at advantageous position felt shy to say straight anything but asked time to have detail discussion in their unit. Finally, due to this reason, the matter was postponed with an assurance that a meeting will be held to discuss this issue exclusively.

        It surprises me that in two days meeting President and Ex President had taken much of the time and the Chief Executive Secretary General was totally silent and had no words on any issue.

Minutes of Patna AEC are twisted as per the convenience and to safeguard the interest of the beneficiaries, which is very unfortunate. My unit and other units asked you to hold meeting on regional disparities but in vain.

        Now, citing Patna Minutes you have issued notice on 22.07.2013, to FM for having Agitation Programme on 04.09.2013 alongwith Charter of 56 DEMANDS. In various emails in your site and other sites also, you have appealed to local units. But not a single All India Office Bearer moves from their places to mobilize the cadre in field.

        Committee of Secretaries cleared the CR proposal on 27.08.2013. On 29.08.2013, you again appealed to Units to go for agitation. On 2^nd September, 2013, you have informed through the mail that only 3 units served the notice.  You should have introspected why no notice has been issued by the local office bearers. Actually the cadre feels that they are betrayed due to the past experience of the Notices issued and later withdrawn. Precisely for this reason Mumbai Unit, vide its mail dated 02.09.2013, had stated categorically that they will not participate in the agitation in the given circumstances. On the same day you had withdrawn the notice of agitation.

Again on 03.09.2013, you have appointed a Committee of implementations for CR while in Patna everyone demand to form Committee for several purpose in front of all the members you declined to do so. However, without consulting any Joint Secretary, Vice President of All India Body and Secretary and President of Local Units you on your own appointed a committee arbitrarily. But the major stake holders like Mumbai Kolkatta, Banglore, Cochin, Chennai, etc., where the stagnation is high remain unaddressed. None from these units is in the committee. This shows that neither there is transparency nor democracy prevails in the affairs.

ON CR -    This also indicates that you are satisfied with the CR proposal which is still in baking stage. At one moment you issue notice of agitation and the very next moment withdraw it and the very next moment you go ahead to appoint a Committee for implementation of CR. It appears there is no seriousness or consistency in your approach. It is not understood why you are making the situation vulnerable. Members are angry on the inordinate delay in CR. Further, creation of temporary posts over a period of 5 years is meaningless. There are omission/commission in the list placed on site for circulation dated 30.08.2013.       

AC Meeting -     Since Patna meeting there is a demand for holding meeting but there is no response from your end. From the site it is learnt that a meeting of Office bearers of All India Body is fixed on 21.09.2013 at Delhi at 1pm. What discussion will take place in empty stomach as the time fixed is the lunch hours, and how much time the members will have for discussion? If we are really serious considering the urgency and gravity of the issue, kindly convert the meeting AC meeting to AEC and if required, it may be postponed for a week. Kindly recall that you have submitted the draft for RR, which is still pending, hence the agenda of the meeting may be restricted to:

1.   Recruitment Rules

2.   Regional disparity in promotions

3.   Implementation of Supreme Court’s order and revision of ratio.

4.   Scraping of the proposal in CR to create temporary posts.

5.   Implementation of the CR at one go.

6.   More posts in Group ‘A’ entry level as the Data Base for the same is now irrelevant at present due to substantial growth in Excise and Service Tax side.

7.   Serious Omission/commission in All India Seniority lists of Group ‘B’ officers.

Who knows perhaps this may be the last meeting of the present Body as many office bearers may be promoted in CR. We have to leave a legacy for the cadre who would be carrying the flag of Association and not a grim dejected line of officers. Our struggle will be in vain if we resign in such a way and leave the cadre at cross road. Hope we will understand the need of the hour and hold AEC meeting and have proper line of action, as we are watching the development of CBDT CR and there also resentment is brewing up. Please note that this is my first mail to you as I feel dejected and disappointed  with the development and compell to express the feeling of my Mumbai Cadre.

    Your positive response is awaited.

V.A. Kolhatkar

President, CESA, Mumbai.

DATED : 06.09.2013

EQUITY, PARITY AND DIGNITY WE WANT BUT NOT CHARITY

EQUITY, PARITY AND DIGNITY WE WANT BUT NOT CHARITY

Dear Comorade,

            In your mail dated 30.08.2013, you have quoted....  ‘As per the decision of AEC meeting held at Patna during May 2013, we have served notice upon FM to conduct mild agitation for wearing black badges and conducting lunch hours    demonstration’. 

However, the decision of the Patna AEC, has not been adhered to, making the entire proceedings as rituals. Despite of our repeated mails to hold the meeting on parity within CBEC and the issue of Supreme Court Order, you have chosen to remain silent.

Now the PITARA of Cadre Restructuring is open. Except pulling each other’s legs nothing positive is happening and still you are not at all serious to tackle the issue firmly.

Cadre cannot be mobilized by SMS and e-mails and the issue cannot be resolved without any in-depth interaction and proper action plan.

SAMAY aur SAMAJH are two aspects and both require to click timely and properly. We cannot move with only one. But presently it appears that we are not moving with either of these.  

It reminds me the European Motor Race in which the last car emerges as winner

-----

            “The sport is called banger racing in europe and has slightyly different rules. The cars race around the track and try to crash into other car in the course of the race. The final round has a u.s.  style show down and the last car standing is the winner of the race.”

            Our condition is like the said Banger Race.

Once again the agitation programme is totally direction less and exposes that we have no other weapon in our armoury except black badges. How many times black badges had been put on and off. Now when everything is pasted on the wall and is visible that we have been cheated but yet leadership is at the starting point. What is the net achievement in this CR. “carry with 1000 posts of entry level group ‘a’ with 20 times group ‘b’ gazetted level after initial one time promotion. As the rider of 5 years is of no use, because, whoever is promoted is not likely to retire in next 5 years, thus, blocking the future promotions. So it is just like creation of supper annuary posts for 5 years so that a few people will retire with satisfaction that they retired as ac no other benefits neither monetary nor career wise and for others?

With this harsh reality it is not possible now to carry on again agitation of wearing of black badges on 04.09.2013. Cadre is not in a mood to do it again and have resigned to their fates. Infact they are now abusing us.

Further, the Resolution passed by CESA Mumbai on parity and other units Resolutions were deliberated in Patna but the said issue was later twisted to safe guard the interest of beneficiary. No meeting has been called on this subject nor any step is initiated to redress the issue, which causes lots of resentment amongst the stake holders.

            The last restructuring had taken place in 2002 and the next was due in 2007. The exercise for the same started with the data 2009 – 2010, as well as with an eye on rolling GST. However, still the same is in pipe line and has not even completed the approval process as yet. It may take another 5-6 months to come to the stage of implementation. The growth and the statistical data as on 2009-10 shown in excise and service tax are quite irrelevant now as it has considerably increased in service tax itself after introduction of negative list and widening of service tax net as well as more LTUs have become operative. During the entire tenure there is not a single instance when the data and its relevance was objected to justify the higher number of posts.

However, a parallel campaign has been started that a separate group is active to stall the CR proposal as our senior Superintendents are retiring every month without promotions. The reality of the CR is now clear to all as per the site. When the CR is mandatory after every 5 years and the allowed increase of 30% is also fixed then what we have achieved in the present CR? The CR has not yet come though it is 10 years since the last CR. Further, with 5 year barrier and ridiculous restrain by creating temporary post for 5 years, the result is big ‘O’. Whereas in comparison to percentage of the benefit of CR with other cadre i.e. Group ‘C’ to Group ‘B’; Group ‘B’ Non Gazetted to Group ‘B’ Gazetted A.C. to D. C. D. C. to J. C.; J.C. to Additional; Additional to Commissioner and so on, what they have given to us: We have trusted you that you will deliver and stagnation will be removed to a large extent, but what has come finally? It is wide spread belief that you were aware of the fact of this temporary posts creation and 5 year tag, hence you were avoiding to take any office bearer with you despite repeated request of the house.  A fact now which cannot be refuted or ratified before members! Now hardly any time is left with us to waste. The need of the hour is to call for a immediate meeting and to chalk out the strategy on CR as well as on parity and implementation of Supreme Court decision, including the revision before CR implementation as strength is revised with that again.

            Any strategy in such matters at crucial time cannot be chalked out through mail or SMS. Kindly hold immediate meeting with all AEC members and in case of any difficulty in that Mumbai is again offering willingness to hold it for a day. Silence is not desirable, action is required. Let us know your consent to avoid any complication in the matter.

            Rabindranath Tagore has rightly said –

            “Where the mind is without fear and the head is held high....”

            Rest is ok.

                                                                                                                                                                                                                              Yours 

                                                                                                                                         

A.   K. Sasmal

CESA, Mumbai

CADRE RESTRUCTING OF CBEC & ITS PRESENT POSITION.

CADRE RESTRUCTING OF CBEC & ITS PRESENT POSITION.

 

T he Central Board of Excise and Customs submitted initially a proposal for creation of around 3900 nos. of Gr-A posts. The DOPT with discussions with the then FM reduced the proposals to around 2500 nos of Gr-A posts.  Most of the staff Associations ( except AIACEGEO) were not interested on such increase of Gr-A posts for the simple ground that CR is for IRS officers only. However The All India Association of Central Excise Gazetted Executive Officers (AIACEGEO) started  agitations and put pressure for creation of more nos. of Gr-A posts in course of the ensuing CR. Due to such pressure and agitation, FM agreed to create around 3400 nos. of Group -A posts . Finally the Committee of Secretaries headed by Cabinet Secretary have cleared for creation of  3360 nos. of Gr-A posts in CBEC on 27.08.13. The proposal now will be placed before next meeting of Cabinet for approval. Thanks to leaders of AIACEGEO who took initiative for increase of such Gr-A posts. The break up of such 3360 nos. posts are furnished below:
Apex-14, HAG+ 38. HAG- 100, SAG- 340, STS/JTS- 2868 ( 500 regular, 250 LR, 2118 temporary)
But in several websites, a wrong figure of 2610 nos. has been shown to create confusions amongst staffs.  Out of these 3360 nos. new Gr-A posts, only 150 nos. may be allotted for direct recruitment and the rest 3110 plus the entire existing vacant posts may be allotted to promotees.   

APPEAL TO FILE A CASE IN APEX COURT FOR ENHANCEMENT OF RETIREMENT AGE FROM 60 TO 62 YEARS.

Putting to rest any speculation that the Centre might raise the retirement age of its staff, Minister of State for Personnel, Public Grievances and Pensions V Narayanasamy said on Thursday that there was no such proposal on the anvil.   Narayasansamy was quoted by reports as saying, “There is no proposal to raise retirement age of central govt employees to 62 years.” The news will be a great disappointment to the employees who were expecting hike in retirement age. There are about 50 lakh central government employees working in various departments including the Railways across the country. Sources in the Ministry had earlier said raising retirement age requires a detailed consultation with all stake holders and discussion with the Finance Ministry. Without the Finance Ministry's nod, the matter cannot be processed, they said. The retirement age for a majority of central government employees is 60 years. However, the age for retirement in case of teachers and scientists is 62 years. Chhattisgarh government has recently increased the age of retirement to 62 years from 60 for its employees. This was followed by the Delhi State Government which extended the services of retiring officials by two years. The Centre had in 1998 raised the retirement age of central government employees( including teachers and scientists) to 60 from 58 years. Now govt can not provide two different treatments to its employees. Teachers and scintists are also govt employees hence like the 98, it is required to increase the retirement age of all employees to 62 years. A copyof the decision of Apex Court was already posted  in the wall of this group, wherein it has been held that govt. Can not privide two different treatements to its employees so far is retirement age is concerned.. Hence now  it is required to file a case in Apex Court for issue of direction to treat all employees at par with teachers and scientists.  This is not an issue of old vrs. Young, but this is  an issue  to provide equal treatment to all central Govt. Employees.

MEETING OF COMMITTEE OF SECRETARIES.

MEETING OF COMMITTEE OF SECRETARIES.

Dear friends,

Namaste.

It is being listened that the Cadre Review Committee/Committee of Secretaries meeting is going to be held on 27.08.13. As per information gathered, the notices have been issued to all of members  on 14.08.13 for the meeting. It seems that the proposal would go through as cleared by the FM on 12.04.13, if our CBEC don't compromise anything in the interest of the IRS. In the case of any compromise by killing our interest, we all have to be well prepared for strong programmes not only for it but also for the most important issue of parity with common entry counterparts.

If they can bring the common entry group 'A' officers at par, there should be no problem to bring common entry group 'B' officers at par. It, however, will depend how much stronger programmes we observe throughout the country with completeness & effectiveness. This parity may be in the form of functional promotions, notional promotions, promotions by creating supernumerary posts, in situ promotions or at last even by Non Functional upgradation. It's very clear that our officer should also retire in a grade pay of Rs. 10000/-, if his/her common entry counterpart in any of department/Ministry is retiring in the said grade pay. 

Love,

RAVI MALIK - SG /AIACEGEO

CAT as well as the Madras high court rules that Government employees can't avoid transfers. The ruling states that "a government servant holding a transferable post has no vested right to remain posted at a particular place".The division bench of the court comprising Justice R Banumathi and Justice TS Sivagnanam was passing orders on a petition filed by PR Anand Kumar, an army engineer who entered the Military Engineering Services as surveyor assistant in 1985. The post was re-designated as junior engineer. Anand was transferred from Chennai to Visakhapatnam on November 8, 2011. Anand had made a request to the army to be retained in Chennai which was rejected. Anand then approached the CAT. Citing paragraph 36(b)(c) of the transfer guidelines, the CAT said he ought not to have been transferred in the middle of an academic year. It asked the authorities to pass fresh orders if necessary.The initial order was withdrawn owing to CAT ruling. But  he was transferred to Hyderabad by an order dated February 10, 2012. He again rushed to CAT, which dismissed his application this time. He then moved the high court. Rejecting his petition, the judges said: "The scope of judicial review of orders of transfer is well settled. The high court, while exercising its jurisdiction under Article 226, is not expected to go into the question as to whether the transfer was for public service, as it would essentially require factual adjudication and depend upon the peculiar facts and circumstances of the case.""Therefore, unless an order of transfer is shown to be an outcome of mala fide exercise or stated to be in violation of statutory provisions, the courts or the tribunals normally cannot interfere with such orders as a matter of routine," they said.Though the guidelines deal with time of transfer and state that care will be taken to avoid transfers during the middle of the academic year, exceptions are available to meet requirements, the judges said. Transfers on administrative grounds may be ordered giving the employee less time, they said. "There is no challenge to the order of transfer on the ground of any malafide exercise of power or that the order of transfer was passed by an incompetent authority or it violated any statutory rule," they said of Kumar's case.

67th Independence Day of India

67th Independence Day of India

 

The celebration of the 67th Independence Day of India marks the commemoration of 66 years of India as an independent nation. Independence Day evokes the feeling of patriotism in the heart of every Indian. 15th August is a day when we rejoice in our freedom and pay homage to those who laid down their lives for us.
Hon'ble President Shri Pranab Mukherjee will Address to the Nation' on the eve of Independence Day on August 14, 2013 at 7:00 PM (IST). . On 15th August, 2013, Hon'ble Prime Minister of India, Dr. Manmohan Singh will unfurl the tricolor from the Red Fort in Delhi. This will be followed by the PM's address and a colourful Parade by the Defence & Paramilitary forces and school children. You can also watch the live webcast of the 67th Independence Day celebrations hosted at the Red Fort.

Jai Hind...
 

Setting up of Tax Administration Reform Commission

The Union Cabinet today approved the proposal for setting up of the Tax Administration Reform Commission (TARC).

The Commission will consist of a Chairman, two full time members and four part-time members, of which at least two part-time members will be from the private sector. The Chairman will be an eminent person having wide experience of tax administration and policy making. Full-time members of the Commission will be one member each with a background in revenue service pertaining to Income Tax and Central Excise and Customs respectively. The term of the Commission will be 18 months.

The Commission will review the application of tax policies and tax laws in India in the context of global best practices and recommend measures to strengthen the capacity of the tax system in India that would reflect best global practices. The Commission will help in removing ambiguity in application of tax policy and tax laws, thereby establishing a stable tax regime and a non-adversarial tax administration. The Commission will facilitate an efficient tax administrative system that would enhance the tax base as well as tax payer base.

Background :

In his Budget Speech 2013-14 in Parliament on 28.02.2013, the Finance Minister had announced :-

“An emerging economy must have a tax system that reflects best global practices. I propose to set up a Tax Administration Reform Commission to review the application of tax policies and tax laws and submit periodic reports that can be implemented to strengthen the capacity of our tax system.”

Functioning in Service Tax Commissionerates in Zone – I – reg.

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/44/2013

Dtd.: 12.08.2013

Shri. V. Krishnan,

Hon’ble Chief Commissioner,

Central Excise, Zone – I,

Mumbai.

Respected Sir

          Sub: Functioning in Service Tax Commissionerates in Zone – I – reg.

          Apart from the inadequate and poor infrastructure problems faced by the staff, the issues causing difficulties in administering service tax law are being brought to the notice of the Administration time and again. Amongst these, many require a long term solution. However, some issues are to be resolved instantly as it is necessary to discharge the duties properly and also to ensure hassle free administration.

          CESA Mumbai submits the following issues which needs immediate attention of the Authorities in Service Tax administration and your goodself also:

1.   Providing I-Cards: It is brought to our notice that officers while going for survey, in field assessee are asking to show the identity. In Mumbai
Zone – I officers in Service tax are posted against the sanctioned strength as well as on loan basis. But no I –Card of service tax is issued to them. The I-cards are issued as of now according to Commissionerate posting. This causes confusion/doubts in the minds of assessee and embarrassing situation for officers.  All the officers in Service Tax to be
provided I-Cards immediately.

2.  Conveyance and other allowance for Survey and other field work: Service Tax officers are sent outside for field work like Survey, Audit and Anti Evasion operations etc. Further, they are instructed to personally deliver the letters issued under Section 87(b) to the Financial Institutions and also collect data, for which no vehicle is provided or travel allowance is paid to the officers in Service Tax formation anywhere to meet such expenses. In other words, by not providing vehicles and other incidental expenses or keeping funds for the same with Service Tax formation is an passive way of encouraging and giving scope for corruption by way of dependency on the tax payers for such necessity. This needs to be stopped forthwith and steps to make the funds available to meet urgent petty  expenses and vehicles/ TA DA allowance/Conveyance allowance be given to the officers posted in service tax This is necessary for refurbishing the image of the department and to motivate the staff by making them feel dignified while discharging their duty.

3.   Freezing of Accounts of the Tax payers as a measure to realize the Govt. dues:  The Chief Commissioner  vide letter dated 06.02.2013, had directed in clear terms that the freezing the accounts of the assessee has to be done by the officers not below the rank of Assistant/Deputy Commissioner. Besides, It also emphasized that the orders to be issued only in writing as per the Rule. However, it is brought to our notice that the Authorities are hesitating to implement it and directing verbally to their subordinate officers to issue letters for freezing of Bank Accounts. Kindly ensure that the above directions of Chief Commissioner are complied with in letter and spirit in the interest of revenue as the Asstt /Deputy Commissioners are the proper and authorized officers in the matter.

4.   Vehicles for preventive and Audit: At present there are no vehicles provided to Audit and Anti evasion teams for their official work, during visit as stated above. The Officers posted in Audit and Anti Evasion for both the Commissionerates are placed far away from the HQ, and their area of operation is very vast. The performance of both the sections are commendable and if proper infrastructure and vehicle is provided the officers can excel further which will definitely enhance the performance and also boost their morale. Hence it is requested that vehicle should be provided to each of these sections for official use under 1% incremental grant.

5.   Attendance in office on Saturday/Sunday/Holidays: We regret to bring to your kind notice that despite directions from your good office, circulated vide letter dated 06.02.2013, the same are not being implemented and it remains only on a piece of paper.  Kindly ensure that instructions given by your office are complied with.  The manpower of the sections should be increased instead of squeezing the existing staff by pressurizing to work day and night.  If any exigency demands then the Head of the Office may issue an Office Order and staff may be called accordingly and they may be suitably compensated by grant of CCL.

Sir, as the above issues do not require any major expenditure / sanction /approval from any higher office, directions are already issued, only it needs to be implemented and properly monitored.  We hope yours goodself will kindly intervene and resolve all the above issues which will definitely boost the disgruntled stagnated staff. 

Thanking you.

Yours sincerely

A.K. Sasmal

General Secretary

Copy to:

1.    Hon’ble Commissioner, Service Tax – I, Mumbai. For kind information & necessary action.

2.    Hon’ble Commissioner, Service Tax – II, Mumbai. For kind information & necessary action.