Sunday, March 17, 2013

MINUTES OF LUDHIANA CEC; REPRESENTATION TO REVENUE SECY/CBEC REG. STAGNATION

My dear friends,

Good Morning,

Friends, we are at a very crucial moment and our aspirations for career progression and our genuine demands for better pay & Perks and better working conditions have so far been belied.
The cadre of Inspectors and Superintendents of Central Excise are at cross roads and on way to intensive agitation in the near future. A meeting of Superintendents Association, attended by Secretary General of our Association, was held at Delhi on 16.03.2013 to chalk out future course of action. Details will be published very soon.

To keep the door for legal remedial measures open, we ( AICEIA Chandigarh Circle )  have addressed a representation to the Revenue Secretary, Chairperson of CBEC, Secretary DOPT, and others, giving vivid details of our plight and how our genuine rights have been snatched away from us, and requested these authorities to take up the necessary remedial measures sooner than later.  The full representation will be placed on this site on Wednesday. 

I am reproducing hereunder the minutes of Circle Executive Committee meet at Ludhiana on 06.03.2013, which have been issued and forwarded to the administrative authorities.

MINUTES  OF THE CIRCLE EXECUTIVE COMMITTEE MEET OF AICEIA, CHANDIGARH CIRCLE AT CENTRAL EXCISE HOUSE, LUDHIANA  HELD 06TH MARCH, 2013.

The 4TH   meet of the Circle Executive Meet of All India Central Excise Inspectors’ Association, Chandigarh Circle was held at Ludhiana, on 06.03.2013. The following  office bearers and members attended the meet : -
            S/Shri
1.                  Ramesh Chander Sharma, President,
2.                  Bhagwan Singh,  General Secretary,
3.                  Tilak Raj, Working President,
4.                  Vinod Kumar, Liason Secretary,
5.                  Manoj Nayyar, Advisor to the Circle Executive Commkittee,
6.                  Munish Arya, Office Secretary,
7.                  Munish Kumar Bhardwaj, Executive Member,
8.                  Subhash Bhashin, Vice Presidnet, Jammu & Kashmir Branch,
9.                  Shri Kuleep Singh, Vice President, Ludhiana Branch,
10.             Prashant Joshi, Joint Secretary, Ludhiana branch
11.             S. S. Rawat, Vice President, Chandigarh-II Branch,
12.             K.C. Thakur, Joint Secretary, Chjandigarh II, Branch,
13.             Vinod Kumar, Executive Member;
14.             P.P. Singh, Executive Member;
15.             Sanjeev Sharma, Executive Member;
16.             Harpreet Singh, Mermber AICEIA, Ludhiana branch,
17.             Udit Vashishat, Mermber AICEIA, Ludhiana branch
18.             Sunil Aggarwal, Mermber AICEIA, Ludhiana branch
19.             Palwinder Kumar, Mermber AICEIA, Ludhiana branch
20.             Gurwinder Singh, Mermber AICEIA, Ludhiana branch
The meeting started with the formal welcome address by  Shri R.C. Sharma,  President. He then handed over the proceedings of the house to the  General Secretary. 
The General Secretary briefly informed the house about the matters taken up with the administration in the Chandigarh Zone and about the communications sent to the administration and the results achieved in respect of those communications.  The General Secretary also informed the house that all the were put on the blog maintained by the Association (WWW. AICEIACHD.BLOGSPOT.COM). The house approved the action taken by the Association through the General Secretary and desired that further follow up action should be taken expeditiously.

The following agenda were put to discussion and the house resolved as under: -

1.      STAGNATION IN THE CADRE OF INSPECTORS : -

The members of the House were deeply anguished over the insensitive and indifferent attitude of the CBEC and Govt. towards the lack of career progression to the cadres of Inspectors and Superintendents of Central Excise. They deplored the attitude of the CBEC in not implementing the recommendations of the High Power Committee, Bhardwaj Committee and Board meetings relating to the merger of cadres, creation of separate Group B organized service and in-situ promotions. The House noted that the attitude of the CBEC and Govt. has been that of total denial and for this strong follow up in the nature of petitions and agitations should be adopted.  The house also adopted a resolution that the matter may be taken up with the authorities in the Zone as the Inspectors with more than 20 years service are still awaiting their first promotion.

The house thanked the members for their unequival support to the agitation by the Superintendent Assocation in the Zone and requested the members to gear up their loins for further agitational programme, which are likely to be intensified in future in view of the lax attitude of the authorities towards redressal of their genuine demands. The house noted that the ADR ( Alternate Dispute Resolution ) mechanism has failed as it has failed abjectly to redress their genuine demands. On even petty issues relating to pay and seniority etc., they have to move the CAT/Courts to get redressal and there is no accountability of the authorities to their acts of omission and commission for failure to act in a passionate fair and transparent manner.

The General Secretary apprised the house that the issue of lack of career progression due to acute stagnation  has already been taken up on the day itself in the JCM meeting with the Commissioner of Central Excise, Ludhiana, who has been requested to convey the resentment and anguish of the cadre to the higher authorities, in the before noon. He further assured the house that  2nd representation regarding the injustice being perpetuated on the members of the cadre will be sent to the Revenue Secretary, Chairperson CBEC and Secretary DOPT soon through the Chief Commissioner.

The members also discussed the possibility of exploring alternate remedy of judicial verdict by filing Writ Petition, to seek redressal of the legitimate demands of the cadre. Shri P.P. Singh, Executive Member, Jammu and Kashmir Branch, has been entrusted with the job of preparing a self-contained report and discuss the matter with senior lawyers at Jammu and Kashmir High Court Bar Association and send the same to the General Secretary by 31st March, 2013.

Simultaneously, the matter will be discussed with legal advisors/lawyers at Chandigarh also by the General Secretary  and President alongwith Shri Sanjeev Sharma, Shri Munish Bhardwaj and Shri Manon Nayyar. The President and General Secretary will contact the Superintendents, who are willing to join with them in the proposed Writ Petition and also see if the Superintendents Association can join them.

The General Secretary and President further assured the house that the All India body will be requested to intensify the agitation to press for its genuine demands and try to chalk-out common programme under the banner of JAC and also with the All India Central Excise Gazetted Officers Assocation so that an effective mechanism may be devised to get our genuine grievances redressed.

2.         NON FILLING OF THE VACANCIES OF ST  QUOTA ON ACCOUNT OF NON-AVAILABILITY OF SUITABLE CANDIDATES, AND ALSO NON-FILLING OF THE SC VACANCIES.

The house was agitated over the non-filling of the vacancies, which have been kept unfilled in view of the non-availability of the ST category candidates till 2017, in contravention to the existing legal provisions and cannons of law. The house was of the view that these posts should be immediately filled up especially in view of the fact that the Liason Officer of STs have given his nod for de-reservation of these posts for the time being as these posts can be carried forward to the next year and so on without any loss to the prospective ST category candidates. But the attitude of the authorities in this regard has been of denial and delay and this fact has been caused deep consternation in the cadre as the Inspectors having completed 20 years continuous service are yet aspiring to get their first promotion. The attitude of the administration in this regard appears to be just paying a lip service by showering sympathetic & verbose blessings upon the association. The house also noted that the administration has been keeping the posts of SC category vacant by neither promoting the general nor SC category candidates against these posts.

The house resolved that the matter may be strongly taken up with the administration and appointment may be sought from the Cadre Controlling Commissioner and Chief Commisioner to press for this demand. The President and General Secretary assured prompt action in this regard.

3.         INFRASTRUCTURAL FACILITIES :    
            The members pointed out that the infrastructure facilities in the offices are not still up to the mark and needs considerable improvement. The vehicles are not provided to the staff for field duties. The sitting space is not healthy and is inadequate. The condition of the Service Tax formations in respect of infrastructure and office space is deplorable. The members were of the view that the attitude of the administration in this regard has been that of laxity and they are not giving proper attention towards such issues.
The General Secretary had apprised the house  that the administration of Ludhiana Commissionerate is still searching some suitable building for shifting of the Central Excise Divisions and Ranges. The officers of all cadres are not in favour of continuance of the Savitri Complex Building, Dholewal Chowk, Ludhiana due to various health/safety related matters and the administration has been informed about the wishes of the staff in this regard. This issue has again been reiterated in the JCM held on the day with the Commissioner, Central Excise, Ludhiana.

The General Secretary apprised the house that the administration is trying to find out suitable building at Amritsar also.

The Vice Presidents of Branches were again requested to take up the matter with the respective Commissioners for taking necessary action for provision of proper office space and infrastructure in the offices. The members are requested to kindly put the necessary requisitions in writing and issue further reminders where-ever required in this regard and send the copies thereof to the Vice Presidents/Joint Secretaries for discussing the matter with the authorities. The house resolved that after discussions with the local authorities/Commissionerate level, the Vice President will send a consolidated report in respect of their respective branches to the General Secretary by end of March,  2013. The General Secretary pointed out that the response of the Branch on this front has for far been not upto the mark and issue needs greater and prompt attention. He assured that  the matter will be taken up with the the Hon’ble Chief Commissioner and the respective Commissioners  for necessary follow – up.

The house also resolved that in view of the temperatures and humidity shooting up to higher levels breaking the past records, all the offices should be air-conditioned. The Air conditioners already installed may be got serviced immediately.

The AMCs for water purifiers/coolers may be renewed immediately, where-ever required so that there is no problem in supply of adequate drinking water to the staff.

The house resolved that the 1% incremental revenue grants received by the Commissionerates/Zone may be spent for the welfare of the staff, which have not so far been given adequate attention. The house resolved that Shri Ramesh Chander Sharma, president, Shri Manon Nayyar, Shri Munish Arya, Shri Munish Kumar Bhardwaj, Shri Subhash Bhashin and Shri Kuldeep Singh, will collect the necessary details about the quantum and expenditure of said grants. If need be, the help of RTI provisions may be taken for the purpose.

4.         PAYMENT OF RUMMAGING ALLOWANCE TO THE CUSTOMS OFFICERS.       

The issue regarding the payment of Running Allowance to the customs officers was taken up the Jammu meet in August, 2012 and Ludhiana meet of Executive in December, 2012. Neither any action has so far been taken by the administration of Customs Commissionerate nor any communication in this regard has so far been received from them so far. The General Secretary assured that the matter will be taken up with right earnestness with the administration of Customs Commissionerate and Chief Commissioner, and this point will be taken up in the JCM of Customs Commissionerate, for which separate communication will be sent to the Commissionerate shortly.
5. SANCTION OF ADDITIONAL POSTS OF SUPERINTENDENTS AND INSPECTORS IN VIEW OF THE INCREASED WORKLOAD.  
            The issue regarding additional posts at ICP Attari and CFSs, Ludhiana has been discussed with  the Hon’ble Chief Commissioner by the office bearers of Circle body many times. The members from the Jammu & Kashmir Branch again raised the issue that the additional posts of Superintendents and Inspectors may be demanded in view of the increased workload at TFK, Chaka-da—Bagh and Slamabad on the pattern of the demand raised for increased strength at ICP, Attari. The house resolved that in view of the fact that the cargo is to be cleared at these stations on the same day unlike the practice at ICP Attari, where it can be cleared within reasonable time ( even during next working day(s)), the bare minimum strength required at these check-points should be many times the present working strength there. These stations require increased strength of officers in view of the fact that the national security may be jeopardized in the absence of proper intelligence and examination of the cargo at these stations. The house resolved that Branch body of Jammu & Kashmir Commissionerate will prepare a comprehensive report/letter with the help of Shri P.P. Singh, Executive Member and other members at Jammu and send the same within next two weeks to the General Secretary, who will in turn take up the matter with the administration.
                        The Members from Customs Commissionerate has apprised that the ICD at Baddi has been notified by the Govt. There are no additional posts of Superintendents and Inspectors sanctioned/released for the same and the working strength of these cadres is already below the sanctioned strength. As per the report of Customs Commissionerate, there are no proper arrangements for office space and other infrastructural facilities. The members were of the view that until and unless the requisite posts of officers, and space as per entitlement of the officers as well other required infrastructure is provided keeping in view the proposed/estimated work-load at the said ICD, the same may not be notified by the Commissioner of Customs.
The General Secretary apprised the house that it has been learnt that the Board is not sanctioning additional posts as the Cadre Review exercise is underway.
The House was of the view that these posts may be sanctioned immediately as there is no certainty of the Cadre Review exercise being cleared and implemented in the near future. The CR exercise is under-way for the last more than 5 years since 2007 and the Govt. and CBEC does not appear to be serious about the same. The House was of the view that since Group A Officers are getting six/seven promotions in their career, they appears to be least borthered about the clearance and implementation of the cadre review. Hence, the house resolved that the matter may be persued with greater vigour and we may explore the possibility of some “direction action” if these posts are not sanctioned/released by the Board/Govt.
6.         DUTIES AND RESPONSIBILITIES AND PROCEDURES IN RESPECT OF CIGARETTE FACTORY.
 The house in  its Jammu meet had resolved that the matter will be raised with the administration and also in the All India convention  of the Association held at Patna ( Bihar).
The General Secretary informed the house that the matter has been taken up in the Ludhiana JCM held on the day, wherein it has been pointed out that as per existing provisions of Central Excise Rules, the presence of Central Excise Officer is required only at the time of clearance of the goods. The administration has been requested to either dispense with the duties at all in view of the liberalized tax regime, and if that is not possible, then the Inspectors should be deputed only at the time of clearance of goods by the assessee, which should be given in advance like export-clearances under supervision of Central Excise Officers. The administration has been requested to send favourable report to the CBEC through CCU as there is already acute shortage of Inspectors in the Zone in view of great disparity between the sanctioned and working strength.
7. HOLDING OF ALL INDIA EXECUTIVE COMMITTEE MEET OF AICEIA, AT SHIMLA.
The President and General Secretary informed the members of House that the delegates of All India Convention desired that the Chandigarh Circle of Association should host the next All India Meet of the All India Executive of AICEIA, at Shimla, and they have promised the All India body accordingly. The House approved the decision taken by the President and General Secretary and decided that the meet will be conducted at Shimla in the month of July, 2013.
The house resolved to form a Managing-cum-Receiption Committee for the purpose, which will consist Shri Sanjeev Sharma, Shri Munish Arya, Shri Vinod Kumar. The house also decided to take help of our Ex- Office bearer/Superintendents in holding this meet.



8.                     TIMELY ISSUANCE OF ICT AND AGT ORDERS.
            The house resolved that the administration may be asked to issue the ICT Orders in the month of March, 2013 itself as per mandate of the existing Transfer/posting policy and that the AGT orders may be issued by 15.04.2013.
            The house resolved that President and General Secretary may take up the matter with the administration immediately.
9.                     POSTINGS IN THE SERVICE TAX FORMATIONS.  
            The house resolved that in view of the increasing number of service tax assessees and consequential increase of work-load, the service tax working may be improved by putting in additional man-power and better infrastructure. The house noted that the service tax formations are neglected so far. The house further noted that there is no criteria for posting of officers in the Service Tax formations. The Working President, who recently chaired a meeting of the members of Chandigarh-I and Chandigarh II Commissionerates at Chandigarh, apprised that they have passed a resolution for one year tenure in Service Tax Ranges.
After discustions, the house resolved that the Service Tax Ranges may be merged with the Central Excise where they have not been merged so far, before the issue of AGT orders. If that is not possible, roster should be maintained for service tax postings.
The House desired that the matter may be taken up with the administration immediately.

10.       PROVISION OF GUEST HOUSES &  RECREATION FACILITIES,
The members reiterated their demands for provision of adequate Guest House and Recreation facilities.  The President and General Secretary assured to take further follow up with the administration in the coming days.


11.       WORKS RELATED TO PUBLC WELFARE :               
The members wanted that along-side the cadre welfare, the work of public welfare may be continued. The house thanked the members of all cadres of Department, Income Tax Department and others from private sector/trade, who supported the cause of public welfare in the Blood Donation Camps held at Ludhiana and Chandigarh.
Shri Ramesh Chander Sharma,  President will look after the matter of holding a Blood Donation Camp at Amritsar, preferably in the month of Apri, 2013.
12.       NOMINATION OF THE HOSPITALS FOR CASHLESS FACILITY :
            The house resolved that the administration may be requested to nominate private hospitals at all major stations for cashless treatment of officers and their dependents in view of the high and unbearable cost of the health-care facilities and lack of such facilities in the govt. hospitals.

13.       MEMBERSHIP AND SUBSCRIPTION :
           
            The President and General Secretary pointed out that the Membership subscription for the year 2012-13 has not been deducted by the AOs/DDOs. The position of Chandigarh I and Chandigarh II Commissionerates is not encouraging and immediate steps may be taken to get the subscription deducted in the month of March, 2013 so that maximum members of the association are subscribed members. The Vice Presidents and Joint Secretaries of the respective Commissionerates were required to check up the position and take immediate steps so that the subscripltion  is deducted and transmitted to the Association. The Working President Shri Tilak Raj and Advisor to Circle Executive Shri Rajinder Malhotra will kindly help the other office bearers to get the necessary subscription from the members and take necessary steps in that direction.

14.      PLACEMENT OF DATA ENTRY OPERATORS IN THE OFFICES

            The house while discussing the issue of acute shortage of Inspectos viz a viz the sanctioned strength of the Zone noted that there is overload of work upon the Inspectors. For smooth and proper functioning of the offices, especially Ranges, where the reports being called are increasing by leaps and bounds, there should be Data Entry Operators, who will be able to keep the relevant data as usually the reports called pertain to the last five years period. It was proposed that for the time being, DEO may be hired in contract basis as is being done by the CBDT organizations.
 The General Secretary and President apprised the House that this issue has already been raised by the Superintendents Association and our Association has supported their case. The House wanted the President and General Secretary to take up the matter with the Commissionerates and CCU.



15.       REVIEW OF THE WORKING OF THE ASSOCIATION AND ITS OFFICE BEARERS.

            The House reviewed the working of the Association and the efforts put in by its office bearers to the aims and objectives pursued by the Association. It has been found that the contribution of some of the office bearers has not been upto the mark. The President and General Secretary further pointed out that few office bearers have not contributed anything meaningful to the Association, nor have they ever taken pains to attend the Circle Executive Meetings. The house, therefore, resolved that the General Secretary in consultation with the President and such other office bearers, as they may thing appropriate, will address a communication to certain office bearers ( names with-held here ) to either resign or explain why their services to the Association should not be dispensed with. The House further resolved that suitable replacements may be provided in view of the vacancy that may be caused on account of either resignation or removal of the existing office bearers, because the offices held by the Office bearers are neither ornamental nor superficial and entail certain duties and responsibilities towards the cadre.

The General Secretary thanked all the members present and the cadre in general for extending a helping hand in taking up the matters relating to the welfare of the cadre. The meeting ended with a vote of thanks to the Chair.
These minutes have been issued as per the proceedings of the house and after due approval of the President.
FOR AICEIA CHANDIGARH CIRCLE


(BHAGWAN SINGH)
GENERAL SECRETARY

Copy to : -
1.         The President/Secretary General, AICEIA, KOLKATTA,
2.         The Chief Commissioner, Central Excise, Chandigarh Zone, Chandigarh, for kind information and favourable action please.
3.         The Commissioner, Central Excise Commissionerate, Chandigarh-I/Chandigarh-II/Ludhiana/J&K and Customs Preventive Commissionerate, Amritsar, for information please& favourable action pl.  
4.         The Notice Boards at all Commissionerates and Divisional Headquarters, for information of all concerned.


With high hopes and regards from and for you. 


Very sincerely yours,

BHAGWAN SINGH
GENERAL SECRETARY.