REPRESENTING INSPECTORS OF CENTRAL EXCISE, SERVICE TAX & CUSTOMS – SAURASHTRA & KUTCH REGION OF GUJARAT
[A Branch of AICEIA, recognised by Ministry of Finance, Govt. of India vide F.No.B.12017/14/2011-Ad.IV A dated 27.05.2013]
Sir, as your honour is already aware that Rajkot Sector comprises of three Commissionerates i.e. Central Excise Commissionerate Rajkot & Bhavnagar and Customs Preventive Commissionerate Jamnagar. The jurisdiction overseen by these commissionerates is entire Saurashtra region. The distance from one end to other end of this region is more than 500 kms. And top of it, it boasts of very hostile and far-flung areas and vast coastline at inhospitable places where the Customs and Central Excise office are found dotted.
We are now in the third week of April month and it is about time by which ideally the Annual General Transfer exercise should be over. During AGT inter-exchange or intra-exchange of the officers from one Commissionerate to another or within Commissionerate takes place. Owing to vastness of this jurisdiction, often the officers are required to shift their family and domicile, leaving little time to cope up with the situation. Shifting family and domicile accompanies with it many arduous hardship and tasks, which are not quite facile to manage. Admission for their kids/wards at a school/college, finding appropriate accommodation, getting utilities connections at a new place of posting, far away from their present posting, are some of the difficulties that stares at the officer in such event.Under the given circumstances timely issuance of AGT orders assumes great importance and provides much needed succor to the officers. In the Rajkot Sector, Rajkot Commissionerate occupies centrality in the entire AGT process that is to mean that AGT process can only be started in the other commissionerates, i.e. Jamnagar and Bhavnagar Commissionerates, only after the AGT orders by the Rajkot Commissionerate are issued.
Normally, after issuance of orders by the Rajkot Commissionerates, the other two commissionerates, also take 2/3 weeks to wrap up the AGT process. In some of the cases, this involves a three/four tier shuffling of the officers. Say for example, an officer placed at disposal of Customs, Jamangar or C. Excise, Bhavnagar Commissioner has to wait for further two orders before his ultimate place of posting is decided.
Sir, the members of this Association are quite worried and anxious on this count and therefore we urge your kind honour to issue the AGT orders for 2010 as soon as possible.
Sir, your kind attention is also invited to the present position of officers of Rajkot Commissionerate posted to Bhavnagar Commissionerate. During the restructuring of jurisdiction, bifurcation of the Rajkot Commissionerate which was carried out in the year 2001-02, two Central Excise Commissionerates viz. Bhavnagar and Rajkot came into existence.Due to carving of new Bhavnagar Commissionerate, there occurred an inevitable staffing imbalance and an consensus was arrived at, at the relevant time that the deficiency in the ministerial staff in respect of Bhavnagar Commissionerate would be filled by the Rajkot Commissionerate and the deficiency in the executive cadre would be would be filled up by Ahmedabad Sector and accordingly the orders were issued.
This practice was discontinued from the year 2004-05 onwards and only the Inspectors of Rajkot Commissionerate are being posted to Bhavnagar Commissionerate. At present officers of Rajkot Commissionerate are posted to Bhavnagar Commissionerate. These officers were posted to Bhavnagar Commissionerate during:-
(a)the general rotation order issued in June-2008 , which also include the officers promoted from ministerial cadre to executive cadre in May-2008.
(b)the general rotation order issued in May-2009, which also include the officers of Rajkot Commissionerate, on repatriation from Customs Preventive Commissionerate Jamnagar were posted to Bhavnagar Commissionerate.
Some of the officers from above had submitted their representations on various grounds for their repatriation to Rajkot Commissionerate. Out of which only few have been considered, however most of the officers are still waiting for their repatriation back to Rajkot Commissionerate. Meanwhile new recruited officers were also posted in all the three Commissionerates and as per the policy there was an opportunity to appoint/post these fresh officers to Bhavnagar Commissionerate, which would have resulted in creating permanent staff of Bhavnagar Commissionerate and repatriation of officers of Rajkot Commissionerate therefrom, but unfortunately this was not availed. In view of above, the association would like to represent before your honour that the officers of Rajkot Central Excise Commissionerate presently posted at Bhavnagar Central Excise Commissionerate should be repatriated in the AGT-2010, without further injustice.
In addition to above, this association would like to put up following suggestions for your kind consideration:-
(1)The administrative control of issuing of transfer/ rotation/posting order shall vest with the Commissioner i.e. the orders of postings in Range offices must also be done by the Commissioner himself as the Central Excise Division offices are not having the history of posting of the officers posted in their divisions.
(2)The sensitive and Non sensitive posting shall be identified and same may be notified.
(3)Officers should not be posted repetitively to the same and/or sensitive/ non-sensitive postings.
(4)If sufficient number of willing officers is available from Central Excise formation, the request of any officer for retention in Customs shall not be entertained.
(5)While posting officers to sensitive postings in Custom Divisions, proportionate posting of both senior and junior officers shall be done.
(6)Time period/ tenure/ cut off date for transfer and posting should be counted from AGT to AGT, if the officer has been transferred during the course of AGT, irrespective of the fact that the officer has joined/ relieved after a gap of couple of month after issuance of AGT orders.
(7)It is observed that the officers are not relieved even after the order of transfer/ rotation is issued. All the officers transferred/ rotated shall invariably be relieved on or before stipulated date.
Furthermore, it is sincerely requested to consider the above suggestions/ points in the ensuing AGT. The annual general transfer orders are already over delayed which lead to undue hardship to the officers affected, Hence it is once again requested to issue the AGT orders as early as possible.
Thanking you in anticipation,
Yours faithfully,
(Dilip J. Pandya) Secretary
Copy to : 1.The Commissioner, Central Excise, Bhavnagar. 2. The Commissioner, Customs Preventive, Jamnagar.
To, The Commissioner Customs Preventive, Jamnagar.
Sir,
Sub: Forwarding of willingness for deputation to other organizations/ agencies.
*****
With reference to the subject matter, the situation prevailing at Customs Commissionerate Preventive, Jamnagar has compelled this association to make this representation for your kind consideration so that injustice is not inflicted to the members / officers of the Customs Commissionerate Jamnagar.
It has been brought to the notice of the association that the willingness submitted by the officers for deputations to other organizations/ agencies are not being forwarded directly to the concerned organizations/ agencies calling willingness. Earlier the willingness were being forwarded directly to such organizations/ agencies calling willingness
Sir, you are aware that the posting of Inspectors to other agencies such as DRI, SEZ, DGCEI, Custom House Kandla etc. are done on deputation basis. The primary objective of deputation postings is to expose the officers to different kind of work. The willingness for deputation to other organizations/ agencies are being forwarded by other Comissionerates of Rajkot Sector and also other Commissionerate outside Rajkot Sector directly to the organizations/agencies calling willlingness. If the willingness for deputation submitted by the officers of Customs Commissionerate Jamnagar are not forwarded to the concerned organizations/agencies in time it would deprive the officers from the exposure of different kind of work. Hence, in the interest of justice and equality, it would be fair that the officers desirous for submitting willingness for deputation postings and work with other organizations/agencies may not be deprived from such prerogative.
In view of the above, you are humbly requested to ensure that the willingness submitted by the officers for deputation to other organizations/ agencies are forwarded to the concerned organizations/ agencies in time.
To, The Commissioner, Central Excise & Customs, Bhavnagar.
Sir,
Sub: Forwarding of willingness for deputation to other organizations/ agencies.
*****
With reference to the subject matter, the situation prevailing at Central Excise Commissionerate Bhavnagar has compelled this association to make this representation for your kind consideration so that injustice is not inflicted to the members / officers of the Bhavnagar Commissionerate.
It has been brought to the notice of the association that the circulars calling willingness for deputations to other organizations/ agencies are not being circulated amongst the officers of Bhavnagar Commissionerate. Further, the willingness even if submitted, are not being forwarded to the concerned organizations/ agencies calling willingness.
Sir, you are aware that the posting of Inspectors to other agencies such as DRI, SEZ, DGCEI, Custom House Kandla etc. are done on deputation basis. The primary objective of deputation postings is to expose the officers to different kind of work. The willingness for deputation to other organizations/ agencies are being forwarded by other Comissionerates of Rajkot Sector and also other Commissionerate outside Rajkot Sector. If the willingness for deputation submitted by the officers of Bhavnagar Commissionerate are not forwarded to the concerned organizations/agencies it would deprive the officers from the exposure of different kind of work. Hence, in the interest of justice and equality, it would be fair that the officers desirous for submitting willingness for deputation postings and work with other organizations/agencies may not be deprived from such prerogative.
In view of the above, you are humbly requested to ensure that the circulars calling for willingness for deputation to other organizations/ agencies may be circulated among all officers and the willingness submitted by the officers are forwarded to the concerned organizations/ agencies in time.
A meeting of the members of All India Central Excise Inspectors’ Association, Rajkot Branch is being convened at 10:00 AM on 30.01.2010 Saturday at below mentioned address :
Room No. 401, Central Excise Bhavan, Race Course Ring Road, Rajkot.
The main agenda of the meeting is as under :
To discuss the issue of proposal for creation of separate Customs Zone Cadre in Gujarat.
To brief the discussion held and decisions taken in the All India Central Excise Inspectors’ Association CEC meeting held at Jaipur on 23.01.2010 & 24.01.2010. The meeting was attended by the Secretary and the President of All India Central Excise Inspectors’ Association, Rajkot Branch.
Any other issue the members would like to discuss and pass resolution.
All the members of All India Central Excise Inspectors’ Association, Rajkot Branch are requested to attend the meeting.
(Dilip J. Pandya) Secretary
Copy submitted to the Zonal Secretary, AICEIA, West Zone.
The 2nd Central Executive Committee (CEC) meeting was held on 23rd and 24th January, 2010 at Jaipur (Rajasthan) by the Rajasthan Circle of AICEIA. Shri Uttam R. Bhalsod, President and Shri Dilip J. Pandya, Secretary of Rajkot Branch attended the meeting.
The open session of the meeting was inaugurated by Shri R.K.Singh, Commissioner of Central Excise, Jaipur-II.
Mainly following issues along with other issues were discussed in the closed session :
Restoration of grade pay of Inspectors to Rs. 4600/- and fixation of pay on promotion or by direct recruit who have joined before 01.01.2006.
Removal of stagnation.
Modification in the Constitution of AICEIA.
Cadre Restructuring.
Three new units i.e. Nasik joined the Association right before the CEC and Indore & Bhopal joined the Association in the CEC.
The CEC decided to opt for joint movement with the other counterparts in the revenue department and also to form a Joint Action Committee along with the Superintendent Association in our department. Action programme on the pending issues shall be decided in consultation with the Superintendent Association.
The CEC meeting of the All India Association held in Chandigarh from 3rd and 4th of July 2009. 17 circles and branches from all over the country attended the meeting and took part in deliberation.
The meeting was inaugurated by Chief Commissioner Sri D.S.Sra and presided over by our All India President Sri Arun Zachariah.P. the minutes of the 15th Convention held at Daman was read out by Com. Balraj and the house confirmed the same with some minor changes.
The Secretary General presented his action taken report to the house and the Treasurer Sri Suman Chakraborty also placed the statement of A/c before the house for deliberation. Besides this an opinion of the house was also sought for on the agenda of a one day token strike and a letter from the Secretary General. ITEF was circulated within the house on the above matter.
On 4th of July the proposal on restructuring was discussed at length and suggestion from different circles/ branches received, we shall finalise the proposal shortly and after submission of the same it will be circulated to every branch/ circle.
All the units took part in deliberation and the meeting decided that the Inspectors of Central Excise should commence an agitation on the following agenda:
1. The anomaly in the pay scale consequent to the merger of 3 pay scales by the CCS (RP) Rules, 2008 thereby placing the feeder cadre of Senior Tax Assistant and the promotional cadre of Inspector in the same grade pay.
2. The denial of notional fixation with effect from 01.01.1996 in the pre-revised scale of Rs. 6500-10500/-. The scale was granted on 21.04.04 in order to restore historical parity of pay scales with Inspectors of CBI & IB.
3. To review the clarification issued by DOE to CBEC denying the non-functional grade pay of Rs. 5400/- after 4 years of service in the grade pay of Rs. 4800/- to ACP recipient Inspectors.
4. Proper measures should be taken to remove acute stagnation of the cadre of Inspector of Central Excise and Inspector cadre organization should be included in the restructuring committee.
5. Inclusion of Inspector cadre organization in the Anomaly committee.
The agitation programme would be as appended below.
1. Lunch Hour Demonstration in front of Chief Commissioner’s/ Commissioner’s offices through out the country, that should start from 15th July and it will be observed on every Wednesday in every head quarters for one month.
2. 25th to 28th of August wearing of Black Badges and Lunch hour Dharna in front the above mentioned Offices.
3. Memorandum is to be submitted on 28th in front of All chief commissioners for onward transmission to the Ministry.
4. Sending of post cards to Cabinet Secretary and Finance Minister on 9th of September.
5. Lunch our demonstrations will continue on every week followed by massive poster campaign with the mention of a probable strike action.
6. Pay boycott on 30th of September.
7. Third week of October office bearers will discuss about the feasibility of a strike action in the month of November.
In the entire period of our agitation persuasion will continue.
It was also decided that special initiative will be taken for Collection of D.D.O certificates within August 09 and Reorganisation of defunct circles and branches
The minutes of the meeting will be circulated shortly.
Comradely Yours
( Kousik Roy)
To The President & All Office Bearers of AICEIA (for wide circulation of inputs to the Members of all Circles/Branches)
To Sri P.C.Jha, The Chairman, Central Board of Excise and Customs, North Block, New Delhi.
Sir,
Sub: Notice for agitation
The Inspectors of Central Excise are highly aggrieved by the inaction of the Ministry of Finance in resolving the legitimate demands made in respect of the following points.
1. The non rectification of anomaly in the pay scale consequent to the merger of 3 pay scales by the CCS (RP) Rules, 2008 thereby placing the feeder cadre of Senior Tax Assistant and the promotional cadre of Inspector in the same grade pay.
2. The denial of notional fixation with effect from 01.01.1996 in the pre-revised scale of Rs. 6500-10500/-. The scale was granted on 21.04.04 in order to restore historical parity of pay scales with Inspectors of CBI & IB.
3. To review the clarification issued by DOE to CBEC denying the non-functional grade pay of Rs. 5400/- after 4 years of service in the grade pay of Rs. 4800/- to ACP recipient Inspectors.
4. Lack of initiatives to remove acute stagnation of the cadre of Inspector of Central Excise and for non inclusion of Inspector cadre organization in the restructuring committee.
5. Non - inclusion of Inspector cadre organization in the Anomaly committee.
The Central Executive Committee meeting of this Association held on 3rd & 4th of July at Chandigarh has decided to embark on an agitation programme from the 15th of July 2009 as per the enclosed schedule. We request you to take the initiative for an early redress of the issues raised.
1. Lunch Hour Demonstration in front of Chief Commissioner’s/ Commissioner’s offices through out the country, that should start from 15th July and it will be observed on every Wednesday in every head quarters for one month.
2. 25th to 28th of August wearing of Black Badges and Lunch hour Dharna in front the above mentioned Offices.
3. Memorandum is to be submitted on 28th August in front of All chief commissioners for onward transmission to the Ministry.
4. Sending of post cards to Cabinet Secretary and Finance Minister on 9th of September.
5. Lunch our demonstrations will continue on every week followed by massive poster campaign with the mention of a probable strike action.
MINUTES OF THE MEETING HELD ON 12.05.2009 FOR TRANSFER POLICY FOR RAJKOT SECTOR
A meeting with the office bearers of the Superintendents (Group-B) and Inspectors (Group-B) association was held by the Chief Commissioner in his office.
The transfer/rotation /posting policy of Group-B Gazetted and Non-Gazetted officer of Customs and Central Excise in the Central Excise formations in the Rajkot Sector were debated upon.
Keeping in view the jurisdiction of the three commissionerates in Rajkot sector of Ahmedabad Central Excise Zone, transfer policy for Rajkot sector is framed as under :
For Rajkot and Bhavnagar Central Excise Commissionerate :
(1) The tenure for posting of an officer at the station where Commissionerate Headquarter is situated shall be of 6 years and at stations where the Divisional offices are situated, it shall be four year. Tenure for other stations shall be two years.
(2) Officers due for retirement on superannuation within 02 years of 31st May of the AGT year may be considered for retention at the current station of their posting, if they so desire.
(3) To the extent possible, the officer shall be rotated every two year from sensitive charge to non-sensitive charge and vise-versa.
(4) In case of deficiency/vacancy in the number of officer in Bhavnagar Commissionerate, officers shall be posted in following manner :
(i) the officers who are willing to work in Bhavnagar Commissionerate may be given priority; (ii) newly recruited officers shall be posted at Bhavnagar Commissionerate; (iiI) officers posted from Ahmedabad Sector may be posted to Bhavnagar Commissionerate (iv) If there is shortage of officers, even after above exercise, then newly promoted officers may be posted and, if still required, senior most officers in terms of tenure in Rajkot Commissionerate may be posted at Bhavnagar Commissionerate. (v) Except on administrative exigencies, tenure of officer posted to Bhavnagar from Ahmedabad sector as well as Rajkot Central Excise will normally be same.
For Jamnagar Customs Commissionerate :
(1) Tenure for customs formation shall be four years. However, officers may be transferred to Central Excise, Rajkot/Bhavnagar Commissionerate at any time on request on genuine ground or administrative requirements.
(2) To the extent possible, the officer shall be rotated from sensitive charge to non-sensitive charge and vise-versa.
(3) Officers who are willing to continue in Customs formation after completion of their tenure, may be retained on specific recommendation of Commissioner Customs, Jamnagar. In such case, the Commissioner, Jamnagar shall forward a list of willing officer alongwith his recommendation to the Sector Cadre Controlling authority during AGT.
(4) If the sufficient number of officers are not available even after calling for the options of the officer in the Excise formation and also after retaining the willing officer in Customs, officers with the longest tenure in Rajkot / Bhavnagar may be posted to Customs Commissionerate, Jamnagar. Priority for such posting may be accorded to officers who have not worked in Jamnagar Customs earlier.
General guidelines for Transfer / Rotation / Posting :
(1) In allocation of officers amongst Rajkot, Bhavnagar and Jamnagar Commissionerates, the administrative control shall continue to vest with the Commissioner, Central Excise, Rajkot - the Cadre Controlling Authority of the Sector.
(2) Keeping in view the educational requirement of school going children of the officers, the transfer orders should, as far as possible, by the end of April.
(3) To maintain the transparency in transfer and posting the list of officers due for transfer/rotation shall be placed on notice board in advance.
(4) History of postings of the officers shall be taken into consideration for postings & placement of officers.
(5) Normally, officers on return from deputation will be posted to non-sensitive charges. However, based on administrative exigencies, exception may be made to this by the Commissioner concerned.
(6) Three places of choice shall be called for from the officer who are due for transfer and to the extent possible, due consideration shall be given to the choices given by the officer.
(7) To the extent possible, the ratio of sanctioned strength to working strength shall be maintained equally in all Commisionerates.
(8) All officers transferred from one place to another shall invariably be relieved on or before the stipulated date. Representation, if any, made by an officer for retention/change and decision on such representation shall be taken by the authority immediately.
(9) Piecemeal transfers in the mid-term shall be avoided, except when it is necessary to do so to fill up post arising out of promotion to higher grade or retirement of officer or on administrative grounds.
(10) As long as vacancies are available at same station, both husband and wife shall be posted at one station only. If it is not possible, they may be posted to the place closest to each other, as circumstances permits.
(11) As a transitional arrangement, no officer, unless he /she has opted for transfer, shall be transferred out during AGT 2009 if such officer has been at the current station for less than 2 years. This will be applicable only for AGT-2009.
(12) Any deviation / relaxation from the policy will be done only as per approval of the Chief Commissioner, Central Excise, Ahmedabad. This will include deviations on health ground.
This is issued with the approval of the Chief Commissioner, Central Excise, Ahmedabad Zone.
