Monday, March 23, 2015

Unauthorized Correspondence with the Administration: Circular Issued by Shri Abhishek Kamal, Secretary General, AICEIA


CIRCULAR

Sub: Unauthorized Correspondence with the Administration: Reg.

It has come to the notice of this Association that some persons are involved in unauthorized correspondences with the administration, misusing the name of AICEIA and misleading its members. Some persons belonging to some Commissionerates (which have no branches of AICEIA) are also posing themselves as the Office-Bearers of the AICEIA and misguiding Inspectors and writing letter to the administration on behalf of the AICEIA.  Some of them, even after their promotion to the grade of Superintendent, indulge in writing letters to the administration.  Inspectors from all across the country are requested to be cautious about these frauds and intimate the undersigned about such incidents. 

For the knowledge of our members, the list of the recognized Circles/Branches/Units of AICEIA, are as follows:  

Ahmedabad, Allahabad, Aurangabad, Bhopal, Chennai, Chandigarh, Coimbatore, Delhi, Guntur, Hyderabad, Indore, Jaipur, Karnataka, Kerala, Lucknow, Madurai & Tirunelveli, Mumbai, Nagpur, Nasik, Odisha, Patna, Pune, Raipur, Rajkot, Salem, Shillong, Surat, Trichi, Tiupati, Vapi & Daman, Vadodara, Vizag and  West Bengal.   

If anybody poses himself as the Office-Bearer of any Circle/Branch/Unit (other than above mentioned Circles/Branches/Units), the same may be intimated to us.

Further, the points which need urgent attention of all the members, present as well as former, of this Association are as follows:-

1.      No officer who has been promoted to the grade of Superintendent has any authority to write any letter to the administration, if the letter is to be written on behalf of AICEIA or its Branches;

2.      As per Article 24 of the Constitution of AICEIA, the Secretary General is the Chief Executive of the Association and only he has the authority to correspond with the administration. He shall lead all the delegations and shall be its official spokesperson. Only if, he delegates the power to anybody, he may correspond with the administration.

3.      As per Article 31 of the Constitution of AICEIA, the Office-Bearers at Branches/Circles are empowered to exercise the same authority as entrusted to the National Office-Bearers but, limited to their jurisdiction and without prejudice to the provisions of the Constitution of AICEIA.

4.      A combined reading of Article 24 and Article 31 of the Constitution of AICEIA lays down clearly that the General Secretary is the Chief Executive of the Association at Branch/Circle level and only he has the authority to correspond with the administration within the jurisdiction of Branch/Circle/Units. He shall lead all the delegations and shall be the official spokesperson at Branch/Circle/Units level. Only if, the General Secretary delegates the power to anybody, he may correspond with the administration.

5.      If any person indulges in any activity prejudice to the provisions of the Constitution of AICEIA or its interest, necessary action shall be taken as per the provisions of the Constitution of AICEIA, including of course, proposing for Departmental Vigilance Action as well as legal action.

Thanking you,

Yours fraternally,
-Sd/-
Abhishek Kamal
Secretary General

Wednesday, March 11, 2015




ALL INDIA CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS’ ASSOCIATION, RAJKOT UNIT
&
:ALL INDIA CENTRAL EXCISE INSPECTORS’ ASSOCIATION, RAJKOT BRANCH:

To,
The Commissioner,
Central Excise,
Kutch.

Sir,

Sub: Draft Transfer Policy for Rajkot Sector: Reg.

Please refer to the letter F. No. II/03-01/CCO/2015 dated 10.03.2015 issued by the Additional Commissioner (CCO), Ahmedabad regarding AGT-2015.

In this regard, the proposed draft Transfer Policy for Rajkot Sector is as follows:
DRAFT TRANSFER POLICY FOR RAJKOT SECTOR

          Joint Meeting of the members of All India Central Excise Gazetted Executive Officers’ Association (Rajkot Unit) & All India Central Excise Inspectors’ Association (Rajkot Branch) was held on 09.03.2015 at Central Excise Bhavan, Rajkot wherein the provisions of the existing Central Excise as well as Customs Policies were discussed in detail. It was decided to put forth some addition in the existing Transfer Policy that may be proposed and put up before the administration for consideration.

 Customs: No change proposed in the existing Policy.

Audit Commissionerates:

(i)    In view of the shortage of staff and to maintain the balance between ‘Sensitive’ & ‘Non-Sensitive’ postings, it may be fixed for 02 years;

(ii)   To ensure transparency and accountability, Officers posted in Audit Commissionerates may be rotated within Circles every year;

(iii)   Officers posted in Non-Sensitive Sections of Audit Commissionerate may not be given additional charge of any Circle.

Central Excise:

(i)     The officers repatriated from the Customs may be posted to their parent Commissionerate.   If vacancies are not available at their parent Commissionerate, then, it may be created by shifting the officers as per para 4 of the existing Policy;

(ii)      Officers who are willing to work in deficient Commissionerates, to the   extent possible and subject to availability of vacancy, may be given priority;

(iii)   Tenure of officers posted at deficient Commissionerates may be fixed as one year and on completion of the tenure, they may be repatriated to their parent Commissionerate;

(iv)       If there is shortage of officers for repatriation of officers to their parent Commissionerate, following criteria may be followed:
(1) By posting the officers who have completed station period;
(2) By posting officers on the basis of length of service at related station and in the combined grade;

 (v)    Once the process of AGT is over, the officers joining before the AGT in the category of “newly recruited/promoted” may no longer be considered as “newly recruited/promoted” for subsequent AGT’s.

          It is requested to adhere to the Policy for smooth functioning of the administration.

   Yours faithfully,                                                                Yours faithfully,


     (R. P. Singh)                                                                      (G. K. Jhala)
General Secretary                                                                General Secretary
  AICEIA, Rajkot.                                                               AICEGEO, Rajkot.

Copy submitted to:
(i)                 The Chief Commissioner, Central Excise, Ahmedabad for favour of kind information please.
(ii)              The Chief Commissioner, Customs: Gujarat Zone, Ahmedabad for favour of kind information please.
(iii)            The Commissioner, Central Excise, Rajkot for favour of kind information please.

(iv)             Notice Board.

Tuesday, March 10, 2015

DRAFT TRANSFER POLICY FOR RAJKOT SECTOR

A joint meeting of the members of All India Central Excise Gazetted Executive Officers’ Association (Rajkot Unit) & All India Central Excise Inspectors’ Association (Rajkot Branch) was held on 09.03.2015 at Central Excise Bhavan, Rajkot wherein the provisions of the existing Central Excise as well as Customs Policies were discussed in detail and it was so decided by the members that in view of the creation of new formations in Rajkot Sector, a draft Transfer Policy be prepared and put up before the administration for consideration.

Keeping in view the vast geographical area & peculiar service conditions, Transfer Policy for Rajkot Sector is proposed as herein below:

Customs: No change proposed in the existing Customs Policy.

Central Excise

(i)           Officers who are willing to work in Bhavnagar/Kutch Commissionerate, to the extent possible and subject to availability of vacancy, may be given priority;

(ii)          All those officers working in Kutch/Bhavnagar Commissionerate & willing to be repatriated to their parent Commissionerate may be accommodated, subject to the Transfer Policy under which their transfer was affected. Option regarding willingness may be exercised on one time basis & thereafter, there may be no scope for change of parent Commissionerate in future;

(iii)    To minimize the displacement of officers of Rajkot Sector, Officers coming from outside Rajkot Sector may be posted to Bhavnagar/Kutch Commissionerate against the vacancy;

(iv)      If there is shortage of officers, even after the conduct of above exercise, newly recruited/promoted officers may be posted to Bhavnagar/Kutch Commissionerate and if the number of newly recruited/promoted officers exceed the number of vacancies, then, the junior most among them may be preferred first for transfer & posting to Bhavnagar/Kutch Commissionerate;

(v)           If there is shortage of officers, even after conduct of above exercise, then, all those officers, who have not been transferred on being promoted or recruited since 2009 as per the existing Transfer Policy framed in 2009, may be posted to Bhavnagar/Kutch Commissionerate and if their number exceed the number of vacancies, then, the junior most among them may be preferred first for transfer & posting to Bhavnagar/Kutch Commissionerate;

(vi)           If there is shortage of officers, even after conduct of above exercise, then, junior most officers in their respective grade, who have not been transferred since 2009, to outside jurisdiction of their parent Commissionerate, may be posted to Bhavnagar/Kutch Commissionerate;

(vii)        If there is shortage of officers, even after conduct of above exercise, then, senior most officers in their respective grade, who have not been transferred since 2009, to outside jurisdiction of their parent Commissionerate,  may be posted to Bhavnagar/Kutch Commissionerate and if their number exceed the number of vacancies, then, the junior most among them may be preferred first for transfer & posting to Bhavnagar/Kutch Commissionerate;

(viii)  For the purposes of transfer & posting under clause (iv), only those officers recruited or promoted between two consecutive AGT’s shall be considered as “Newly Recruited or Promoted” and if deficiency does not arise in the AGT, they may not be considered as “Newly Recruited or Promoted” for the next AGT. No transfers may be effected during mid-term and officers under the aforementioned category may be transferred during AGT to fill up the deficiency.

Audit Commissionerates

(i)             Though the tenure of officers posted to Audit Commissionerates has been proposed to be of 04 years, in view of the shortage of staff and to maintain the balance between ‘Sensitive’ & ‘Non-Sensitive’ postings, it may be fixed for 02 years;

(ii)       To ensure transparency and accountability, Officers posted in Audit Commissionerates may be rotated within Circles every year;

(iii)      Officers posted in Non-Sensitive Sections of Audit Commissionerate may not be given additional charge of any Circle.

General Principles

(i)          Tenure of officers posted to Bhavnagar/Kutch Commissionerate may be of one year except those who have willingly opted posting;

(ii)             Criteria of Sensitive & Non-Sensitive posting may be followed as per the “History of Posting” of the officer concerned and no deviation from the same may be done on formation basis;

(iii)           Officers on transfer may be relieved within 15 days so as to enable them join their new places of postings and in cases of stand relieved, in case of non-relieving, explanation of the higher-ups may be called for, as it violates the principle of hierarchy in the administration;

(iv)           Before starting with the process of AGT-2015, all the transferred officers be relieved;

(v)           Rotation between Central Excise & Service Tax may be done so as to give equal exposure & opportunity to all the officers;

(vi)      Officer on repatriation from Customs/Audit Commissionerate may be transferred and posted to their parent Commissionerate;

(vii)    Tenure of officers for any purpose may be counted as the combined tenure irrespective of grade;

(viii)   Tenure of officers at Commissionerate HQ may be the combined tenure of Audit Commissionerate & Excise Commissionerate;

(ix)      Before issuance of final Orders, due list of all the officers being considered for transfer or rotation in the existing formations be placed on the Notice Board well in advance and a copy of the same may be provided to the recognized Associations;

(x)         No ground for exemption for transfer or rotation may be entertained before the publication of the Due List. Representations may be entertained only after the publication of ‘Due Lists’ & with the consultation of the recognized Associations;

(xi)    Representations, if any, may be disposed of with the time frame as laid down by the Department of Personnel & Training and the outcome thereof, may be brought to the notice of the officer concerned;

(xii)      Exemptions, if any, being considered by the administration may be brought to the notice of the concerned Association before being finalized and the reasons for the same may categorically be mentioned in the Note Sheet;

(xiii)   Any deviation/relaxation on whatever ground from the principles as laid down in the Transfer Policy may be done by the Committee of Commissioners of Rajkot Sector and with the prior written approval of the concerned Chief Commissioner.

     R. P. SINGH                                                                                 G. K. JHALA 
General Secretary                                                                        General Secretary                                                                       

Thursday, March 5, 2015

Meeting Regarding AGT-2015 to be held on 09.03.2015 at Central Excise, (HQ) Rajkot: Reg.


General Notice
  
With reference to the subject mentioned herein above, it is to bring to the kind notice of all the respected members of the Association that the undersigned attended a meeting with Shri Uma Shanker, Commissioner, Kutch and member of the Committee formed for AGT-2015 on 04.03.2015 at Ahmedabad.

During the discussion, it transpired that some changes have been proposed by the Ahmedabad Unit and so, this Association has been requested to submit its views regarding the existing Central Excise as well as Customs Policy. Since, new formations like Kutch Commissionerate as well as Audit Commissionerate have been created during Cadre Restructuring, it is necessary to propose changes in the existing Policies like transfer & posting inter & intra Audit Commissionerate, transfer from Rajkot to Gandhidham & vice-versa, transfer from Central Excise to Customs & vice-versa, publication of Due Lists in Central Excise (Rajkot Sector), Exemptions if any, and like that.

It is, therefore, requested that suggestions regarding the same may please be brought to the notice of the undersigned on or before 08.03.2015, so, that the same may be taken up for discussion with the competent authority. All the members of the Executive Committee of this Association as well as respected members are cordially invited to attend the meeting at 18:15 on 09.03.2015 in the Central Excise Bhavan, Rajkot.

With fraternal regards,
                                                                                                                                       
                                          (R. P. Singh)  
        General Secretary  



Tuesday, January 27, 2015

DETAILS OF COMMITTEES FORMED FOR CENTRAL EXCISE DAY-2015 CELEBRATIONS

As per the Minutes of the Meeting held on 23.01.2015 in the Conference Hall, Central Excise, Rajkot, after due discussion and deliberation, it has been decided that following functions may be held to celebrate the Central Excise Day, 2015:

(i)                 Organization of Blood Donation Camps;
(ii)               Release of “Saurashtra Gaurav” Fourth Edition;
(iii)             Distribution of Commendation Certificates to Recommended Officers;
(iv)             Distribution of Prize & Participation Certificates to Contestants of Various Cultural & Sports Activities;
(v)               Distribution of Certificate of Excellency to Top-10 Assessees of Rajkot Commissionerate;
(vi)             Organization of Cultural Activities like Dance, Drama, Mimicry, Solo Acting etc.;
(vii)           Organization of In-House Activities like Quiz, Debate, Essay Writing, Painting etc.;
(viii)         Organization of Sports Activities like Cricket, Table Tennis, Chess, Badminton etc.; and,
(ix)             Dinner on the Eve of 24th Feb., 2015.

The Additional Commissioner (P&V), CCE, Rajkot, after due discussion and deliberation with the officers present in the Meeting, announced the formation of below mentioned Committees and nominated the officers to co-ordinate & to organize the concerned activity with the help of other officers:

(i)                 Committee to Decide Over Award of Commendation Certificates

(a) Shri Pramod Vasave, Additional Commissioner;
(b) Shri Akash S. Shrikhande, Assistant Commissioner; and,
(c) Shri Rajesh Tripathi, Assistant Commissioner.

(ii)               Organizing Committee

(a)    Shri Rajendra S. Raithatha, Assistant Commissioner;
(b)   Shri Jasmine B. Dattani, Superintendent;
(c)    Shri Bhavesh V. Makadia, Superintendent;
(d)   Shri Rananjay Pratap Singh, Inspector; and,
(e)    Shri Himanshu Patel, Inspector.

(iii)             Cultural Committee

(a) Shri H K Meshram, Assistant Commissioner;
(b) Shri M P Solanki, Assistant Commissioner;
(c) Shri Mahesh Prasad Rai, AAO;
(d) Smt. Ajitha Menon, Senior PS;
(e) Smt. Shiny Dennis, Superintendent;
(f) Shri Manvendra Singh, Inspector;
(g) Shri Vikrant Shrama, Inspector; and,
(h) Shri Amrendra Kumar Thakur, Stenographer.

(iv)             Committee to Organize In-House Activities

(a)    Shri Rajesh Tripathi, Assistant Commissioner;
(b)   Shri N Mohan Krishna, Assistant Commissioner;
(c) Shri G K Jhala, Superintendent;
(d) Shri M K Gandhi, Superintendent;
(e) Shri Manish Kumar, Superintendent;
(f) Smt. Priyanka Trivedi, Superintendent;
(g) Smt. Krishna Shah, Inspector;
(h) Shri Chandan Singh Bisht, Inspector; and,
(i) Shri Pawan Kumar, Inspector.

(v)               Sports Committee

(a)    Shri Moni K. Das, Deputy Commissioner;
(b)   Shri Naresh K. Saini, Assistant Commissioner;
(c)    Shri Saju John, Superintendent,
(d)   Shri Neeraj Dave, Inspector; and,
(e)    Shri Kamal Kumar Sulaniya, Inspector.

As per the said Minutes, it has been decided that the function shall be jointly held for Central Excise, Rajkot Commissionerate, Kutch Commissionerate & Audit-III Commissionerate. It has been decided that the Division/Section Heads shall forward the names of suitable candidates to the competent authority for award of Commendation Certificates. The work relating to publication of Commendation & Participation Certificates and dinner management has been accorded to the Organizing Committee. Willing officers are requested to contact the nominated officers for ensuring their participation in the concerned activity.


All the activities relating to Central Excise Day-2015 shall be performed under the overall supervision and guidance of Shri Pramod Vasave, Additional Commissioner (P&V) & Shri Binod Kumar Singh, Joint Commissioner (AE), Central Excise, Rajkot.

Note: The purpose of sharing the details of the Minutes dated 27.01.2015 as circulated to the General Secretary, AICEIA (Rajkot Branch) is to disseminate information among the officers only.

Monday, January 19, 2015

SUBMISSIONS MADE BEFORE TARC ON 19.01.2015 AT AHMEDABAD


ALL INDIA CENTRAL EXCISE INSPECTORS’ ASSOCIATION
(WEST ZONE)
(RECOGNISED BY THE GOVERNMENT OF INDIA, MINISTRY OF FINANCE, CBEC)
 VIDE F.NO.B.12017/1/2004-Ad.IV A dated 27.05.2013


FEEDBACK ON THE
RECOMMENDATIONS
OF
TAX ADMINISTRATIVE
REFORMS COMMISSION



On behalf of Inspectors of Central Excise Working throughout Gujarat State




Address for Correspondence:
RANANJAY PRATAP SINGH, NATIONAL VICE-PRESIDENT,
AICEIA (WEST ZONE), CENTRAL EXCISE BHAVAN,
RACE COURSE RING ROAD, RAJKOT-360001


Submission made at Ahmedabad on 19.01.2015

To,
The Secretary,
Tax Administrative Reforms Commission,
New Delhi.

Sir,

       Sub:    Feedback on the recommendations of TARC-reg.

            The Association would like to convey its gratitude to the Tax Administrative Reforms Commission for having provided an opportunity to submit feedback on its Report.

             There are some issues pertaining to the largest workforce working under CBEC which need to be addressed for ensuring better working conditions leading to the growth of the Nation and the same are submitted herein below for kind consideration:

(         (1)  RECRUITMENT OF INSPECTORS

The Commission has recommended that “Recruitment needs to be made on the basis of carefully drawn recruitment plans that balance the short and long term needs and career aspirations of officers.”

In this regard, it is to submit that reduction in DR quota vacancies may have a cascading effect on employment of youth in this country and so, no reduction in DR quota should be proposed.

(         (2)  LIMITED DEPARTMENTAL COMPETITIVE EXAMINATION

The Commission has recommended that “A system of limited Departmental competitive examinations should be introduced by earmarking 33 per cent of the vacancies in the promotions quota in Group B as well as Group A, so that relatively more meritorious and younger officers in the feeder grades can get a fast track in promotions”. (Section IV.3.c)

In this regard, it is to submit that the recommendation is appreciable one keeping in view the interests of meritorious, young and energetic officers.

(         (3)  LATERAL ENTRY OF EXPERTS

The Commission has recommended that “Provision should be made for lateral entry of experts in key roles and specialized areas. While they may be on contract for 5 years, subject to their suitability and willingness, they should be able to integrate with the organization at the end of the contract period.”

In this regard, it is to submit that the recommendation is appreciable one with an addition that the entry of technical experts should not be restricted to a certain period.

(         (4)  LITIGATIONS BY THE DEPARTMENT ON SERVICE MATTERS

There is much litigation that is pending in various Courts/Tribunals on Service matters. In many cases, it has been experienced that even if, the cases are decided in favour of the employees, when it comes to acceptance and implementation of the judgments of the Hon’ble Courts, the Department always takes a rigid stand and challenges the Orders by way of Appeal in a higher judicial forum. Even in cases where relief is granted by the highest judicial forum, the Department chooses to implement it only to the employees who have gone in Appeal instead of extending the benefit to all the similarly placed employees.

Under such circumstances, it is requested that the Commission may recommend that in the event of above identical situations, where the Courts grant relief, right to equality must prevail and differential treatment should not be meted out. This ratio of the Courts’ Orders should be applied to all such cases leading to reduction of Court Cases.

(         (5)  ABOLITION OF UNIFORM FOR INSPECTORS

It is suggested that the Commission may, in order to usher in a fresh era in the Department, like to recommend, abolition of Uniform for Central Excise and Service Tax and the age old practice of wasting man hours on Control Room duties.

(         (6)  HUMAN RESOURCE MANAGEMENT SYSTEM

The Commission has recommended that “The CBEC needs to develop a human resource management system, as has been done by the CBDT; collaboration and knowledge exchange between the two DG’s (HRD) will enable CBEC to get such a system going in shorter time”. (Section IV.3.b)

The DG, HRD is not fully operationalised to carry out the functions for which it was originally created. All these years, the officers from CSS who are experienced in administration/establishment related matters were handling these matters. However, after the work is shifted to the HRD, the things have not improved for want of experienced hands in the field of establishment and administration. Basically the officers in the field formations who are currently posted to man these offices do not always have the personal/domain knowledge in the area of establishment and policy formulation. Therefore, it is necessary that a pool of officers are identified and they are imparted proper training by the DOP&T/UPSC in order to get accustomed to the varied procedures and rules in formulating the policy and administering them.

(         (7)  PERFORMANCE APPRAISAL SYSTEM

The Commission has made elaborate recommendations in order to revamp the existing performance appraisal system.  The system should be reformed in such a manner that the weightage is given to the actual work performed by the officer and the skill sets he/she possesses rather than the personal attributes. A measurable system in each area of work should be formulated so that the evaluation can be made in a scientific manner.

(         (8)  TRAINING

The Commission has recommended that “Learning and development should occupy a central place in people advancement and all officers must undergo a minimum 10 days of training every year.” (Section IV.3.f)

The Inspector Cadre is not being offered adequate training facilities at NACEN which has paucity of residential accommodation and one has to make his own arrangement when nominated from an outstation. Also, officers are being imparted training months after actual working in field formations.

If required, net connected conferencing classroom may be adopted so as to ensure better quality training methods and a larger pool of faculty needs to be created for the purpose. Further it should be ensured that whenever an officer is nominated for training at NACEN from outstation, arrangements should necessarily be made by the Department for their stay and travel.

Moreover, suitable substitute should be provided in lieu of officers proceeding on training so that Departmental work may not get hampered and the concerned officers on return from training may not feel overburdened by pending work.

(         (9)  INFRASTRUCTURAL ISSUES

            The Department has moved from manual filing to on-line filing and wants to improve the tax payer facilitation. However, the above policy remains mostly on paper and has not been implemented to its full potential due to inadequate infrastructure. The situation has become worst after Cadre Restructuring.  Therefore, it is requested that the Commission may recommend upgradation of infrastructure at all levels in CBEC.

    (10)RECRUITMENT OF LAW OFFICERS AND CREATION OF LEGAL CELL

In the present set up, the Show Cause Notices are drafted by the Executive Officers working in Ranges/Divisional Office/Audit/Anti-Evasion.  After adjudication proceedings gets over, reaching finality of the case takes several years after passing through the appellate process with Commissioner (Appeals), CESTAT, High Court, Supreme Court depending upon the nature of the case.  As per the rotation/transfer policy of the Department, no officer continues to handle a case for more than two years; the new officer has to study the entire case once again for appearing before Appellate Authorities, submission of parawise comments and submitting feedback to the Departmental representatives. Therefore, the present system reduces the efficiency of presenting the cases before legal foras thereby reducing the percentages of verdicts in favour of revenue considerably.  Whereas, on the other hand, the trade hands over their case to expertise consultants who handle their case and the major Assessees have their own legal cell to attend their cases, so that the continuity is not lost and results in higher probability of the ultimate decision in their favour. 

If an exclusive legal cell, like in Banking Sector, is formed at Commissionerate level by encouraging officers with Law background, who will exclusively handle the litigations, the efficiency of the adjudication system can be improved to a great extent. Officers posted to such legal cells should be paid special allowance similar to the allowances paid to the Departmental Representatives who are representing the Department before the Tribunal. This will help improve the performance of the Department in handling Legal matters effectively.

With best wishes and hope that the feedback submitted hereinabove shall be taken into consideration while formulating the final recommendations,


Yours faithfully,
-sd-
(Rananjay Pratap Singh)
National Vice-President