Monday, June 20, 2016

Draft of the Minutes of the GBM Held on 11.06.2016 at Rajkot: Reg.

DRAFT MINUTES OF THE GBM HELD ON 11.06.2016 AT RAJKOT

           At the outset, the President warmly welcomed the members of this Association as also applauded them for their enthusiasm & spirit and declared the meeting open.

          Before taking up the Agenda, the General Secretary who is also holding post of Vice-President in All India Body informed the august gathering regarding the discussions in the meeting held with the Joint Secretary (Administration), CBEC, Govt. of India on 27.05.2016 at North Block, New Delhi. Thereafter, he took up the Agenda of the Meeting one by one and invited the respected members to offer their views on the same. The discussions & resolutions passed on each of the Agenda are as follows:

(i)          Blatant Violation of Transfer Policy for Central Excise: Ahmedabad Zone & Disregard to Constitutional Provisions

                  The General Secretary informed the august gathering that at the inception of the present & detailed Transfer Policy for Central Excise: Ahmedabad Zone during AGT-2015, this Association had observed that “the provisions of the Transfer Policy are well defined and expressed hope that the same shall be adhered to as well by the administration in its letter & spirit” but, the expectations of the Association were soon proved wrong and the provisions of the Transfer Policy were not adhered to by the administration of Rajkot Sector.

                  At the start of the process of AGT-2016, this Association again submitted that “adherence of the existing Transfer Policy should be given preference over creation of new Transfer Policy” but, the preconceived administration with its own aims & objectives, without considering the submissions made by this Association, brought a detailed amendment on 02.03.2016 only to be used as a matter of convenience. It was assured by all the responsible persons in the administration that the provisions of the Transfer Policy shall be strictly followed but, with a deep sense of grief, it is to put on record that not only the provisions of the Transfer Policy have been blatantly violated but also, utter disregard has been shown to the constitutional provisions. Some of the noteworthy points in this regard are as follows:

(a)            Non-Repatriation of Shri Jatin Makwana from Bhavnagar to Rajkot Commissionerate: Estt. Order No. 28/2014 dated 19.06.2014 was issued whereby several officers in the grade of Inspectors including Shri Jatin Makwana were transferred & posted to Central Excise, Bhavnagar. After completion of 02 years as per the Transfer Policy, all the said officers except Shri Jatin Makwana have been repatriated from Central Excise, Bhavnagar to Central Excise, Rajkot for the reasons best known to the administration.

All the members present over there unanimously expressed their view for early repatriation of Shri Jatin Makwana and so, this Association requests the administration to issue necessary Orders for repatriation of Shri Jatin Makwana at the earliest.

(b)            Recurring Exemptions Being Granted to Lady Officers: Para 14 of the Transfer Policy clearly lays down that lady officers are liable to be posted in other Sector like other officers. Moreover, Article 14 & 16 of the Constitution of India guarantees “Equality before Law” & “Equality of Opportunity in the Matters of Public Employment” which among other grounds includes “sex”. But, even after constitutional & statutory provisions, the administration both at CCO level as well as Sector level is continuously making differentiation on the basis of gender and causes discrimination for other officers. While unduly benefitting the lady officers, for the reasons best known to the administration, the administration has been simultaneously discriminating the other officers year after year in routine course. This is another glaring example of administrative arbitrariness whereby even the constitutional provisions are not being given due respect.

       All the members present over there unanimously expressed their view for immediate withdrawal of gender based exemption and so, this Association requests the administration to issue necessary modification Orders for removal of disparity arising out of gender based exemptions.

(c)              Exemptions to be Declared: This Association has noticed variations in the Due Lists & Estt. Orders. It happens because the administration considers some of the representations regarding exemptions and rejects the others for the reasons best known to them. This act of administration gives rise to dissatisfaction as well as speculations amongst the members as those whom representations have not been considered feel that their ground was more appropriate than others.

 All the members present over there unanimously expressed that in order to ensure transparency, following the practice currently being adopted in Central Excise, Vadodara Zone, the grounds submitted by all the officers may be shared over the official website.

(ii)          Comments on the Draft Recruitment Rules for Promotion to the Post of Superintendents

                  At the outset, this Association registers its strong protest with the administration for not inviting “Comments on the Draft Recruitment Rules for Promotion to the Post of Superintendents” in violation of the CBEC’s letter dated 13.05.2016 . However, this Association submits the observations for consideration by the administration and the same are as follows:

(a)                  The members of the Association unanimously resolved that the residency period of 03 years proposed for the post of Superintendent in the Draft Recruitment Rules is not in the interest of the Cadre at large and that the same may be suitably modified by the competent authority.

(b)                  The members also resolved that the excess posts available in   some of the Zones may be suitably diverted to the stagnated Zones for the betterment of the Cadre at large.

(iii)        Evaluation of the Performance of Executive Committee & its Members Especially with Regard to Membership Drive

                  The General Secretary laid down the statistics of membership of the Association and underlined the need for hard work to strengthen the Association especially in Customs formations like Bhavnagar Division where not a single officer could be enrolled as a member of this Association in 2014-15 as well as 2015-16. He expressed his worry about the casual approach of some of the members of the Executive Committee and advised them to perform their duties sincerely.

                 The General Secretary brought to the notice of the members of the Association the hard, untiring and dedicated work performed by Shri(s) Amit Kumar as well as Jay Prakash Singh in playing a very crucial role in causing phenomenal growth in the membership of the Association in the formations of Customs (Preventive), Jamnagar and Central Excise, Kutch respectively and proposed for granting them bigger roles in the activities of the Association which was unanimously accepted by all the members present over there.

                  The General Secretary also brought to the notice of the Association the continued absence of some of the members of the Executive Committee and the members present in the GBM unanimously passed a resolution in accordance with Article 37 (2) of the Constitution of AICEIA for immediate removal of Shri(s) Kamlesh D. Mehta & Hitesh B. Kundal from their respective posts of Vice-President.

(iv)       Re-organization of Branch Committee

                   Thereafter, the General Secretary took up another Agenda of the                  Meeting i.e. filing of the vacant posts of the Branch Committee. The members present over there, after due deliberation and discussion, unanimously re-organized the Branch Committee as under:

(1)        Rakesh B. Dhruv: President
(2)        Rananjay Pratap Singh: General Secretary
(3)        Jay Prakash Singh: Liaison Secretary
(4)        Sanjay N. Dharaiya: Organizing Secretary
(5)        Suraj Kumar Nirala: Vice-President (CE, Bhavnagar)
(6)        Om Prakash Tiwari: Joint Secretary (CE, Bhavnagar)
(7)        Nishit Buddhdev: Vice-President (CCP, Jamnagar)
(8)        Amit Kumar: Joint Secretary (CCP, Jamnagar)
(9)        P P Mehta: Vice-President (CE, Kutch)
(10)          Tushar Parmar: Vice-President (Audit-III)
(11)          Himanshu Patel: Office-Secretary
(12)     Nimish Kundalia: Treasurer

                   All the newly elected Office-Bearers expressed their gratitude to the members for posing faith in them and resolved to make the Association stronger than before. The Organizing Secretary has been entrusted with the responsibility to ensure widening of the base of the Association in the length & breadth of jurisdiction of the Association especially in the Customs formation. Apart from this, Shri Gopal K. Jha, ex-Joint Secretary (Bhavnagar) who has currently been transferred & posted to Customs, Kandla Commissionerate has been entrusted with the responsibility to check out the feasibility of bringing the officers in the grade of Inspectors working at Customs, Kandla & Mundra Commissionerates under the umbrella of this Association.

(v)          Finalization of Accounts of the Association

                   The Treasurer of the Association put up before the members expenditure as well as income of the Association and laid down all the data regarding the same including Bank Statements. Having satisfied by his presentation, all the members present over there unanimously passed the financial account of the Association for the F. Y. 2014-15 & 2015-16. The Treasurer also informed the august gathering that the Accounts of the Association have also been audited and the Audit Report shall be made available very soon to them.

(vi)        General Issues Concerning the Cadre

                   Apart from the declared Agenda of the GBM, the members, with the permission of the Chair, discussed some general issues concerning the Cadre and the same are being summarized herein below:

(a)            Recognition to Kutch Commissionerate: The General Secretary informed the members about the issue of recognition to AICEIA (Kutch Branch) as a separate Branch of AICEIA and also showed the mail conversation amongst the Secretary General, Shri Jay Uchat & himself over the issue. The General Secretary also showed the respected members an e-mail of Shri Jay Uchat based upon the alleged irresponsible, immoral, false & fictitious undertaking of Shri P. P. Mehta who is holding the post of Vice-President (Kutch) in AICEIA (Rajkot Branch) since 25.12.2014.

Having gone through the conversations, all the members present over there unanimously resolved that a Show Cause Notice be served to Shri P. P. Mehta for his alleged undertaking and if the same is found true, appropriate action may be taken against him.
                       
                    Regarding the issue of recognition, all the members resolved that in terms of Article 17 of the Constitution of AICEIA, appropriate decision on the same may be taken in the ensuing National Convention of AICEIA at Shillong, Meghalaya and till any decision is taken, the administration be intimated that AICEIA (Rajkot Branch) is the only recognized Branch of AICEIA in Saurashtra & Kutch Region.

(b)                          Sharing of “Due Lists” & “Estt. Orders” with Service Associations: The General Secretary informed the members that he is facing problem in Establishment Matters as neither the “Due Lists” nor the Estt. Orders issued are being made available to him. Although, invariably a copy of “Due Lists” & Estt. Orders are marked to the General Secretary, AICEIA, Rajkot Branch but, the same never reach to him.

All the members present over there, after due deliberation and discussion, unanimously resolved that the administration may be requested to direct the concerned officers for making the “Due Lists” as well as “Estt. Orders” made available to the General Secretary.

(c)                   Infrastructure Issues: The General Secretary brought to the notice of the members of the Association sincere efforts being made by the Member (Admn.), CBEC, Govt. of India in the direction of ensuring proper office as well as residential accommodation to the officers working under CBEC and discussed about the letter dated 09.06.2016 issued from F. No. 916/06/Priority Project/HRD/2015 by the Director General, DGHRD, CBEC, New Delhi. The members present over there applauded the efforts of the top brass of CBEC but, expressed their worry over the bad condition of the Quarters at Kalawad & Gondal Road and apparent neglect by the local administration.

 In view of the above, this Association requests the local administration to spare some of its time & resources for the betterment of the lives of its officers & their families.

     The Meeting ended with a vote of thanks by the General Secretary.

Yours faithfully,
-Sd/-
 (Rananjay Pratap Singh)
Copy submitted to:
(1)  The Chief Commissioner, Central Excise: Vadodara Zone, Vadodara for favour of kind information and necessary action w.r.t Para (ii) of the above please.

(2)  The Chief Commissioner, Customs: Gujarat Zone, Ahmedabad for favour of kind information and necessary action w.r.t Para (i) (b) & (c) of the above please.

(3)  The Chief Commissioner, Central Excise: Ahmedabad Zone, Ahmedabad for favour of kind information and necessary action w.r.t Para (i) (b) & (c) of the above please.

(4)  The Principal Commissioner/Commissioner, Central Excise, Rajkot/Bhavnagar/Kutch/Audit-III Commissionerate for favour of kind information and necessary action w.r.t Para (i) (a), (b) & (c) and (vi) (a), (b) & (c) of the above please.

(5)  The Principal Commissioner/Commissioner, Customs (Preventive), Jamnagar/Kandla/Mundra for favour of kind information please.

(6)  The President, All India Central Excise Inspectors’ Association, Kolkata for favour of kind information please.

(7)  The Secretary General, All India Central Excise Inspectors’ Association, Patna, Bihar for favour of kind information please.

(8)  Official Blog of AICEIA (Rajkot Branch).
Yours faithfully,
-Sd/-
(Rananjay Pratap Singh)

Note: All the members are requested to go through the Draft of the Minutes as circulated above and factual error, if any, may be reported to the General Secretary by mail latest by 15:30 hours today itself positively after which the Draft shall be treated as finalized and the same shall be submitted to the administration.


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