. FLASH !!! DEPT APPEAL OF SUBRAMANYAM CASE ON 5400 TO ACP INSPECTORS' DISMISSED BY APEX COURT News from Delhi...

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It is to clarify that the Time Scale of 5400 in PB2 is required to be given to Group B officers after 4 years from the date there are placed in GP 4800 either on ACP/MACP or on promotion.

Friday, September 30, 2011

SG AICEIA has issued circular No.06/2011

CIRCULAR 06-11

CIRCULAR- 06/11

Dated: 30.09.2011
Dear Comrades,
After our National Convention on 10th & 11th of June 2011 at Bengaluru, the Circular was due immediately to enable percolation of details of the meeting to the level of our members all over India. However, since we had very limited time left for finalizing and presenting our Memorandum to the Ministry and CBEC on various cadre related issues, the issue of this Circular has been delayed. The events since the Convention are detailed in the chronological order for circulation and discussions at unit levels.

National Convention of the AIFCEEO at Bangalore from 10th to 11th of June 2011:-

The 16th Convention of the AICEIA was convened on 10th & 11th of June 2011 at Bengaluru. The Convention was inaugurated by Shri Krishna Byre Gowda, MLA, Bangalore City was the Chief Guest. Shri D.P.Nagendra Kumar, Commissioner, Bangalore was the Special Guest. Com. K.K.N. Kutty, Secretary General of the Confederation of Central Government Employees and Workers was the Guest of Honour.
Shri Krishna Byre Gowda, a young, highly educated and qualified and rising star in Karnataka, while appreciating the key role played by us in mopping up revenue also exhorted us to collect more revenue so that the additional revenue can be spent on rural employment, poverty alleviation and overall economic development. Shri D.P.Nagendra Kumar, Commissioner, Bangalore and member in the study group for CR in CBEC, in his eloquent speech has informed that the Government has understood the pains of stagnation in Group-B Cadre of CBEC and promised that the CR will be implemented very soon and that all infrastructural facilities will be improved.
The morning session on 10th was an inaugural affair. The afternoon session was an important affair with the discussion on the minutes of EC meeting held in New Delhi. SG report was thoroughly discussed and wherever required SG and President gave a patient hearing with suitable clarifications. Accounts for the outgoing body period were discussed and passed. Returning Officer was appointed and he has conducted elections to the new Body for the term 2011-2013.
Shri Kousik Roy, has been reelected as the Secretary General. Shri K.P.Manoj, (Trivandrum) has been elected as the President Sri Venkatakrishnan (Chennai) has been elected as W.President, Sri Ajit K.G. (Bhilai) has been elected as Assistant Secretary General . Sri Shibaji Charan Nayak (Bhubaneshwar) & Sri Ajay Saini (New Delhi) have been elected as Liason Secretary & Organising Secretary respectively. The outgoing President, Shri Arun Zachariah.P has been appointed as the advisor to the Association.
The name of other elected leadership of the association is placed underneath:

Vice President (NZ):Malkit Singh (Chandigarh)
Vice President (SZ): B.P.K. Reddy (Hyderabad)
Vice President (WZ): R.K.Meena (Gujrat)
Vice President (EZ): Sanjay Singh (Asansol)
Vice President (CZ): Samir.K.Sinha (Patna)
Jt. Secretary (NZ): Aabhay Singh Shekhawat ( Jaipur)
Jt. Secretary (SZ): C.G.Prabhu ( Bengaluru)
Jt. Secretary (WZ): Sanjay Sriniwasan(PUNE)
Jt. Secretary (EZ): Rajashish Dutta (Guwahati)
Jt. Secretary (CZ): H.K.Ghoshal
Office secretary: A.Satish
Treasurer : Suman Chakraborty

Unanimously the convention opined to fight against acute stagnation and to remove the skewed ratio between the Apraisers, Superintendent Customs ans Superintendent Central Excise, before enactment of restructuring.

Com. M. Bopanna, the General Secretary of the host unit, right in his welcome address touched upon the grave stagnation prevailing in the cadre of Inspectors and Superintendent through out the country.

Com. K.K.N.Kutty, during his address explained the situation faced by the entire Central Government employees of the country and the issues in general that will have to be placed before the Government and the Sixth Central Pay Commission. He emphasized that as long as some one wanted something it was only a desire and only if he really feels for the issue and is prepared to relentlessly pursue it, it becomes a demand. He pointed out that only demands can be met and desires need not be fulfilled.

The proceedings in the closed door session followed thereafter. 21 Units represented by 96 delegates attended the Convention.

The following important decisions and resolutions were passed in the closed session of the Convention:

(I) Constitutional amendments:

 A post of Organising Secretary is to be created as one of the principle posts to facilitate the different issue oncerning the organization and to spread the organization in entire India.
 It was decided that the CEC shall now be able to elect a principle office bearer inclusive of Secretary General’s post in the event of the promotion, retirement and unnatural death of the office bearer . CEC has decided that the voting rights shall remain equivalent to there voting right in the convention and the CEC members shall be eligible to to vote in this regard .

(III) The house resolved to pursue the following issues, which were already on the agenda of the Association:
1. Demand of Revision of pay with effect from 01/01/1996
2. Increasing the interest of GPF
3. Opposing the new pension scheme
4. Abolition of Uniform for Central Excise and Service Tax.
5. Enhancement of Uniform Allowance for Customs
6. Abolition of Control Room duty
7. Demanding filling up of vacancies
8. Removing stagnation and regional imbalances
9. revision of existing ratio of 6:1:2 for promotion to the grade of Assistant Commissioner from the three different Gr. ‘B’ feeder cadres.
10. Proper Accommodation for office and Residence
11. Relaxation in Compassionate ground appointments
L
(V) The house unanimously approved a suggestion by the newly elected Secretary General that the out going President, Com. Arun Zachariah.P should be retained as the Advisory member of this Association to make available his valuable services to the Association. Com. Zachariah also consented to make his services available for the Association.

PART-B :
 All the unit Secretaries and presidents are hereby requested to send their latest D.D.O. certificates forth with for application of renewal of our recognition which is likely to be renewed before the end of this year.
 The manner of fixation of Rs. 4600/- grade pay: We have persuaded the issue in Expenditure Department; since the issue is pending in this department for long we have issued one letter to J.S.(Pers.) of Expenditure for speedy disposal of the issue. Unlike Income-Tax we have demanded for an extra Increment for those who have joined before 01.01.1996.

From the conclusion of the XVIth convention to till date the federation office bearers have paid several visits to New Delhi to persue the different issues that you all know through the blog updates .

 Immediately after the XVIth National Convention our Association took a meeting with the CPSF and our Superintendent Association separately for change of the ratio. Though it is well known to us that the interest of CPSF is not in consonance with the demand of our Association , yet in the past this Association shouldered many issues jointly with us. The discussion with the Superintendent Association had not materialized as it appeared to the team AICEIA that this association was embarking on issues which may not be achievable immediately.
At last on 29th of June at Kolkata, CPSF and AICEIA made a joint submission to the Chairman CBEC on the submission of affidavit to Supreme court on the ration case that was pending for months. On 11th of July the two Associations have a meeting jointly with the CBEC and official minutes of this meeting we have already published in our blog. CBEC on 26th of July 2011 finalized the draft affidavit and the judgement as you all know came out on 3rd of August,2011.
Immediately after the issuance of Supreme Court Judgement leadership went to New Delhi, discussed this issue with ADG ( HRM), J.S.(Admn.), Member(P&V) and Chairman. All of them agreed to a point that the ratio should be changed before the end of September, all these officials were not agreed to conduct Review D.P.C. though it was not mentioned still our Association is not a stake holder on this issue and our superintendent Association though expecting review D.P.C but, could not demand because of their futuristic view. And it appears that Board in all probability would be fixing a ratio of 13:2:1 which appears to be just in terms of strength of people working in a particular cadre.
AICEIA is very much expecting base cadre seniority, but unless the circular of D.O.P&T is changed and its clauses for a multiple feeder cadre is changed this height could not be achieved. We are of the opinion that a court case in this regard is would be a just step towards achieving this goal.

 On inter Commissionerate Transfer issue, Law Ministry has sent the file to D.O.P&T, only after having an instruction from D.O.P&T Board will be able o proceed further. Our team is constantly persuading the issue and trying to have an appointment with the minister D.O.P&T on this issue..

 On the 5400 GP case.We have instructed the lawyer to file a fresh caveat prior to the expiry of the caveat petition we have already filed. The lawyer has done the same and send the copy of the caveat for our records.

He has confirmed that the department has filed the petition on 24.06.2011 and the SLP has been assigned a dairy no. . However, the registry has returned the SLP after noting the following defects. " AN AFFIDAVIT OF THE PETITIONER IN SUPPORT OF THE PETITION/APPEAL/APPLICATION HAS NOT BEEN FILED, PROPERLY ATTESTED AND IDENTIFIED."

The department has 28 days to represent the SLP after curing the defects. Apparently that time is already over. Now they would have to get the delay in representing the SLP condoned before the SLP is listed before a bench for condoning delay in appeal and admission. After vigorous persuasion in the Supreme court for last couple of months the defected SLP got corrected and the constant persuasion resulted in listing of the case for hearing on 17th of October, 2011. We have already engaged one senior and one Junior counsel for whom we are spending nearly one and a half lakh per appearance (app.). Hence all the units are once again requested to submit their due leagal fund forthwith. We especially request Rajastan, Bihar, Mumbai, West Bengal, TamilNadu, Kerala etc. to submit the amount as we have not yet received a single rupee from these units.

 It was after the vigourous efforts of our Liaison Secretary Com. Shibaji Ch.Nayak that we got an appointment from Shri Rama Chandra Kuntia, Rajya Sabha M.P from Orissa, a very important functionary of the INTUC.When we had met him in April earlier this year at his residence in Delhi, Com. Kousik Roy and Com.Nayak, and of course Com.Arun Zachariah, our then President, had made a very effective and convincing presentation of our case before Shri Khuntia,and handed over to him copies of all related correspondence and documents. The MP not only gave us a patient hearing for nearly an hour, but also sought several clarifications on the matter,and even noted down some points on his pad. He had assured us then that he will certainly take up the issue with the Finance Minister. We need to follow up the matter now in all seriousness.

The Hon'ble M.P.Sri.Rama Chandra Kuntia has raised the issue of notional fixation of Inspectors from 1.1.96 in Rajya Sabha on 24th March 2011
We once again met Sri Kunthia Hon’ble M.P. at Kolkata on 20th of August 2011 and persuaded the issue of Notional fixation once again. It is learnt that the Hon’ble M.P. has discussed the issue with F.M. and shall convene a meeting with F.M. within a short while from Now.
As a result of this Board has issued one D.O. letter to the Secretary Expenditure on this issue for the first time, we are persuing to put this issue infront of Sri Pawan Kumar Bansal, Hon’ble minister for Parliamentary Affairs for another recommendation.
But, we are afraid that only persuasion may not be able to fetch any result rather a concerted and well thought out agitation programme along with persuasive action is the need of the hour. All units are requested to send their comments in this regard.
On 20th of September 2011 we had a meeting with Chairman and Member (P &V); Member ( P &V ) assured us that the stagnation and the regional disparity would be resolved by this restructuring. The same voice reverberated by A.D.G. (HRM). It is learnt that Board is trying to fix a cut off date initially to promote all the Inspectors up to that date and the residual part would be distributed amongst the respective Zone as par requirement . It is also learnt that the month of October will be very crucial for CBEC and there is a direction from F.M’s office to both CBEC and CBDT to complete the implementation of Restructuring by 31st December 2011.
We once again like to request all the unit office Bearers to send their D.D.O certificates by October 15th.
To
The President,
All office Bearers,
Circle and Branch Secretaries Comradely Yours
For wide circulation

Sunday, September 25, 2011

RAILWAY SETS RIGHT THE ANOMALY OF SENIOR PROMOTEE WITH JUNIOR DR



MINISTRY OF RAILWAYS
(Railway Board)

* ** * *

S.No.PC-Vl/270
No.PC-VI/2010/l/RSRP/1
RBE No.115/2011
New Delhi, dated.16.08.2011

Subject: Applicability of minimum pay/stepping up of pay – clarification reg.

1.A reference has been received from one of the Railways mentioning a case where an employee working as Accounts Clerk was promoted as Junior Accounts Assistant (GP Rs. 2800) after 01.01.2006 and his pay was fixed as per Rule 13 of Railway Services (Revised Pay) Rules, 2008 by adding 3% of Basic Pay and Grade Pay On a subsequent date another employee (Junior to him) was appointed as Junior Accounts Assistant (GP Rs. 2800) through Direct Recruitment and his pay was fixed under Section II of Part-A of First Schedule of Railway Services (Revised Pay) Rules, 2008 which happened to be more than that of the above senior. A doubt has been raised whether stepping up of pay may be allowed in such cases to the senior employee who got promoted as Jr. Accounts Assistants (GP Rs. 2800) after 01.01.2006 vis-à-vis his junior who was directly recruited on a subsequent date as Junior Accounts Assistant (GP Rs. 2800) subject to fulfillment of conditions as laid down in Para 5 of Ministry of Railway’s letter No.PC-Vl/2010/I/RSRP/1 dated 17.02.2010.

2. The issue has been examined in consultation with Ministry of Finance and it is clarified that pay of Senior employee promoted to a post after 01.01.2006 may be stepped up vis-à-vis his junior who was directly recruited on a subsequent date to the same post subject to the condition that they belong to the same seniority list for all purposes and various conditions as laid down in Board’s letter of even number dated 17.02.2010 are fulfilled.

3. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

(U.K. Tiwari)
Dy. Director, Pay Commission-VI
Railway Board.

THIS ABOVE CLARIFICATION IS GIVEN IN CULSULTATION WITH THE MINISTRY OF FINANCE. UNFARTUNATELY, WE THE DEPT. OF REVENUE BEING DIRECTLY UNDER THE MINISTRY OF FINANCE ARE UNABLE TO GET THE SAME CLARIFICATION TO OUR PROMOTEE INSPECTORS. THE CBDT WHICH IS UNDER THE SAME MINISTRY HAS ISSUED SIMILOR CLARIFICATION LONG BACK BUT OUR CBEC IS NOT RESPONDING EVEN AFTER REPEATED APPEALS FROM ASSOCIATIONS.  


Tuesday, September 20, 2011

VALIDITY OF POSTAL ORDERS

IT IS UNDERSTOOD THAT SOME OF THE DEPARTMENTS ARE REFUSING TO ACCEPT POSTAL ORDERS BEYOND SIX MONTHS. IN THIS CONNECTION THE FOLLOWING CIRCULAR OF POSTAL DEPARTMENT IS PUBLISHED HERE UNDER FOR THE BENIFIT OF ALL RTI ACTIVISTS AND OTHERS.
  • THE VALIDITY OF POSTAL ORDER IS FOR A PERIOD OF TWO YEARS FOR ENCASHMENT BY INDIVIDUALS & OTHERS EXTENDABLE UPTO THREE YEARS ON PAYMENT OF APPROPRIATE COMMISSION.
  • THE VALIDITY FOR GOVERNMENT TO ENCASH THE POSTAL ORDER UPTO RS. 500/- IS WITHOUT ANY LIMIT.

Smt.Sreela Ghosh is new Member of CBEC

CONGRATULATIONS TO MRS.SREELA GHOSH ON JOINING AS MEMBER, CBEC TODAY.

Smt.Sreela Ghosh is likely to join today as Member of CBEC. She worked as Additional Commissioner as well as Commissioner, Hyderabad -II Commissionerate. All the Officers of Hyderabad wish her all success in her future assignments.

Monday, September 19, 2011

Wednesday, September 14, 2011

Non-Productivity Linked Bonus (ad-hoc bonus) to Central Government Employees for the year 2010-11

Bonus 2011

Monday, September 12, 2011

BOARD CLARIFICATION ON STUFFING OF CARGO FOR EXPORT

Circular No. 952/13/2011-CX
F. No 224/57/2011-CX.6
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs


***

New Delhi, the 8th September, 2011

To,
(i) The Chief Commissioner of Central Excise (All),
(ii) The Chief Commissioner of Central Excise & Customs (All),
(iii) The Chief Commissioner of Customs (All),
(iv) Directors General (All)

Madam/ Sir,

Subject: Stuffing of export containers under supervision of Central Excise Officers - regarding.

Board has received several representations from Associations, Chambers of Commerce, Trade Bodies etc., about the divergent procedures followed by the field formations regarding examination and stuffing of export containers in the factory or warehouse under the supervision of Central Excise Officers. Such procedures are contained in the CBEC’s Central Excise Manual and various Notifications/ Circulars issued by the Board from time to time. For the sake of uniformity and ease of reference, the salient features of examination of export goods and factory stuffing procedure are outlined as under.

2. Chapter 7 and 8 of CBEC’s Central Excise Manual, inter-alia, provide that the exporter of excisable goods may request the Superintendent/ Inspector of Central Excise having jurisdiction over the factory or warehouse or approved premises for examination and sealing of the export goods at the place of dispatch, 24 hours in advance or such shorter period as may be mutually agreed upon. Notification No. 19/2004-CE(NT) dated 6th September 2004, issued under Rule 18 of the Central Excise Rules, 2002, inter-alia, provides that registered manufacturer exporters and merchant exporters who procure the goods directly from the factory or warehouse for export under claim of rebate, have the option of getting the export goods sealed by the Central Excise officer at the place of dispatch. Further, the merchant – exporters other than those procuring the goods directly from the factory or warehouse are also allowed to export the goods sealed at the place of dispatch by a Central Excise Officer. The application for examination and sealing of export goods at the place of dispatch is required to be made to the jurisdictional Superintendent/ Inspector of Central Excise. In terms of Notification No. 42/2001-CE (NT) dated 26th June 2001, applicable to export under bond in terms of Rule 19 of Central Excise Rules, 2002, the exporter shall approach the concerned Superintendent or Inspector of Central Excise.

3. Vide Circular No. 736/52/2003-CX dated 11th August 2003, the facility of self-sealing and self-certification has been extended to all categories of manufacturer- exporters subject to compliance with existing procedures. Vide Circular No. 860/18/2007-CX dated 22nd November 2007, it has been prescribed that in case of exports under free Shipping Bills, i.e., Shipping Bills where no export benefits are being sought, the manufacturer- exporter shall mandatorily resort to self-sealing of export containers and the Central Excise Officer shall not entertain any request for stuffing and sealing of export containers, in their presence in such cases.

4. In view of above existing instructions, it is reiterated that the facility/ option of examination and sealing of export containers by the Central Excise Officers at the place of dispatch is available to both manufacturer- exporters (except when the export is on free Shipping Bill) and merchant-exporter in respect of the goods exported in terms of Rule 18 or 19 of the Central Excise Rules, 2002. Such examination, stuffing and sealing of export containers by the Central Excise Officers are permitted at the factory or warehouse or any other approved premises.

5. In respect of the both excisable and non excisable goods the exporters are required to obtain one time permission from the concerned custom formation in terms of the Custom Circular No. 60/2001-Cus dated 1st November 2001, and Circular No. 20/2010-Cus dated 22nd July 2010. On the basis of the said permission given by the Commissioner of Customs, the Central Excise officers of the jurisdictional range had been undertaking the work of sealing the export goods on the request made by the exporters.

6. The examination, stuffing and sealing of export containers at the place of dispatch are required to be done by the jurisdictional Central Excise Superintendent/ Inspector. The application for examination and stuffing of export containers at the place of dispatch has to be made to the jurisdictional Superintendent/ Inspector of Central Excise, 24 hours in advance or such shorter period as may be mutually agreed upon. The facility of online scheduling of factory stuffing by Central Excise Officers has been prescribed by the Board vide Circular No. 934/24/2010-CX dated 25th August 2010, vide which the exporter can seek such scheduling by sending an e-mail to the range officer. It is reiterated that exporter needs to correspond only with the range officer for such stuffing. Keeping in mind these requirements, the Chief Commissioner will ensure that the Commissioner should suitably augment staff strength available with range by making necessary administrative arrangements.

7. In respect of the services provided by the Central Excise Officers at any premises other than the premises which are not the normal work premises of that officer, i.e. for export from premises other than those registered with the Central Excise officer, MOT charges will be payable at the applicable rates even if the said services are being provided during the normal working hours. In case of the services provided beyond the normal working hours MOT charges as applicable will be payable for all the premises whether registered with the Central Excise or not.

8. As per the instructions issued by the Board from F. No. 224/37/2005-CX.6 dated 24th December 2008, officers posted in the range have been assigned duties with regard to stuffing of cargo indicated in Annexure 1 in respect of the exports.

9. The field formations may be suitably informed and instructed for compliance. Any instruction to the contrary may be reported.

10 Receipt of this circular may be acknowledged.

Yours faithfully,

Encl: Annexure-1

V P Singh

Under Secretary (CX.6)



ANNEXURE-1

(Extract from Annexure to F. No. 224/37/2005-CX.6 dated 24th December, 2008)

EXPORT OF GOODS

Function

Examination and sealing of export consignments under Central Excise Seal

Inspector


On being deputed by the Range Officer visit the specified premises for examination and sealing of export consignments and prepare examination report as per relevant departmental instructions. Duly completed examination report must accompany the export goods as per instructions / circulars on the subject.

Superintendent


To depute the Sector Officer or himself carry out the process of examination and sealing as per relevant departmental instructions. To ensure that in the case of free shipping bills, the assessee has to mandatorily opt for self sealing of export consignment in view of Board’s circular No. 860/18/2007-CX dated 22.11.2007.

Monday, September 5, 2011

CADRE RESTRUCTURING IN A.P. - VIEWS


Thanks to  Sri. BPK Reddy G.S. AICEIA, Hyderabad  who has issued a informative circular on Cadre Restructuring in A.P. giving detailed analysis of the posts to be created and promotions expected. He has also expressed some fear that the up coming Hyderabad Customs Commissionerate would be tagged to Chennai Customs for Cadre Control and  it will be out of purview of central excise officers of Hyderabad to work in Customs. I would like to differ on this point as most of the Customs Commissionerates  in north India  are manned by Central Excise Officers and there is no proposal to bring in Preventive Officers / Superintendents to these Customs Commissionerates. It is possible that the existing strength of Appraisers may continue or may increase marginally but there may not be a total change in structure of formation.  It is understood that these existing Customs formations manned by Central Excise Officers would continue to be manned by Central Excise officers. Only for operational purpose these formations would be tagged to Customs Zones and all the existing central excise formations under A.P. may be brought under the control of proposed Cadre Controlling Commissioner at Hyderabad.

            Therefore, as per my view another 80  superintendent posts(including Appraisers) can be added to the calculation of Sri. BPK Reddy for promotions.
Let us hope the best.

Friday, September 2, 2011

Preparation for implementation of the Proposal for Cadre restructuring and Reorganization ofthe Field formations- regarding

Letter From CBEC to All CCs on CR