Tuesday, May 7, 2013

MINUTES OF THE CIRCLE MEET AT JALANDHAR

MINUTES  OF THE CIRCLE EXECUTIVE COMMITTEE MEET OF AICEIA, CHANDIGARH CIRCLE AT CENTRAL REVENUE BUILDING, JALANDHAR DIVISION, HELD 22ND APRIL, 2013.

The 5TH   meet of the Circle Executive Meet of All India Central Excise Inspectors’ Association, Chandigarh Circle was held at Central Revenue Building ( Central Excise Division) Jalandahr  on 22.04.2013. 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.                  Subhash Bhashin, Vice Presidnet, Jammu & Kashmir Branch,
6.                  Prashant Joshi, Joint Secretary, Ludhiana branch
7.                  S. S. Rawat, Vice President, Chandigarh-II Branch,
8.                  Suresh Mishra, Vice President, Amritsar Branch
9.                  Mukesh Anand, Circle Treasurer
10.             Rajinder Malhotra, Advisor to CEC,
11.             P.P. Singh, Executive Member;
12.             Sanjeev Sharma, Executive Member;
13.             Kulwinder Kumar, Executive Member;
14.             Sandeep Mahajan, Executive Member;
15.             S.P. Singh, Mermber AICEIA, Jalandhar Division
16.             Gurpeet Singh, Mermber AICEIA, Jalandhar Division
17.             Sarvjit, Mermber AICEIA, Jalandhar Division
18.             Satinder Goyal, Mermber AICEIA, Jalandhar Division
19.             Kimti Lal, Mermber AICEIA, Jalandhar Division
20.             Ajit Pal Singh, Mermber AICEIA, Jalandhar Division
21.             Bharat Jain, Mermber AICEIA, Jalandhar Division
22.             Smt . Mohinder Kaur, Mermber AICEIA, Jalandhar Division

At the first instance, Shri Kulwinder Kumar, Executive Member from Jalandhar Division, welcomed the office bearers and members on behalf of the our members from Jalandhar Division.
The meeting started with the formal welcome address by  Shri R.C. Sharma,  President. The President apprised the members about the issues pending with the CBEC/Govt. and the efforts being made by AICEIA’s national leadership to pursue our genuine demands. He then handed over the proceedings of the house to the  General Secretary. 
The General Secretary informed the house that the meeting has been convened at short notice especially to discuss the draft transfer policy, though other matters of urgent importance were also to be discussed by the house.


The house discussed and resolved as under : -

1.                  DRAFT TRANSFER POLICY OF GROUP B EXECUTIVE OFFICERS : -

The General Secretary informed the house that the administration has issued draft transfer policy for the Group B Executive Officers ( Superintendents and Inspectors) and that the administration has already been requested to issue the transfer orders of this year as per the existing transfer policy keeping in view the sentiments of the cadre. He also apprised the house about the content and spirit of the resolutions passed by our members at the Commissionerate/Division level in the Zone. Keeping in view the resolutions passed by the members at different stations, the house discussed the draft transfer policy in detail. The house in general accepted the demand of the members that the transfer policy in general should not be altered as it has stood the test of time and worked well during its short period of existence and the cadre has been satisfied to a larger extent from the existing policy. However, as the change is always for the better and there is always scope for improvement of the policy, the house discussed the policy para-wise and resolved that : -

1)                 In para 2, the point “ to curb the growth of vested interests and restrict drawbacks of prolonged stays” should be deleted from the policy. The house was of the view that no such negative clause is required keeping in view the preceding and succeeding clauses in this para.  The delegates of the meeting ( delegates – hereinafter ) were of the view that the clause is not required. The cadre of Inspectors is a micro- unit of the society at marco level and is governed by the same standards of morality and ethics as is the society (of which we are only a miniscule part) and that the honest, sincerity and ethics are not the exclusive prerogative of any particular community / cadre and that the vices afflicting the humanity in general prevail among all the communities cutting across the lines of hierarchy. Hence, the house resolved that this clause should be strongly objected to and may be deleted from the draft transfer policy of Group B Executive Officers.
2)                                                                     In para 3(b) relating to the ICTs, the house considered that a clause regarding the last date for issuance of the ICT orders should be inserted. The members were of the view that the ICTs should be issued by all means by the end of first fortnight of April, 2013 so that the entire exercise of AGT is completed by April end.
3)                                                                     In para 3(a), the house of the view that piece-meal transfer orders should be issued only in case of grave exigency only and that too with the prior approval of the Zonal Chief Commissioner.
4)                                                                     In para No. 4(a), the cut off date for reckoning the period of stay should be as per existing policy (i.e. 31st July of calendar year). However, the house was of the view that there should be no problem for  the cut off date of 30th April provided the AGTs are issued strictly before 30th April of the particular calendar year.
5)                                                                     In para No. 4(c), the delegates were of the considered view that the names of the Inspectors who remained posted outside J&K on longest interval after the last posting to J&K should be included irrespective of their tenure in the J&K as per the policy prevalent at the particular times. Among the Inspectors having the same length of stay outside J&K, their inter-se seniority should be considered and that a mix of senior and junior officers by transferring the officers from the top and bottom of the roster so prepared should be maintained.
6)                                                                     In para No. 4 (d), the suitable amendments/alterations may be made. The house was of the considered view that the demand of the members conveyed through various resolutions regarding the posting of lady officers to J & K is reasonable and justified. In the modern age of gender equality, where the lady officers have proved their capabilities beyond reasonable doubt to perform at par with their male counter-parts at almost all the stations including the most sensitive stations of the Zone, there appears to be no logic in keeping them out of roster. The lady officers are equally endowed with the qualities of boldness, confidence, guts and are equally adventurous. Both  the lady officers and the Department should not be kept devoid of their valuable services in the J & K commissionerate also. However, the house further observed that no doubt on account of the family circumstances and social milieu, the lady officers also deserve a bit of compassion. Hence, there should be an exception on rational grounds for the lady officers, who may prefer to put stay with their families at the existing station of their stay. Hence, the house resolved that the requests of such lady officers should be acceded to with a proviso that they will not claim any sensitive posting for two consecutive years in addition to their normal posting to sensitive/non-sensitive posting. The requests of such lady officers should not be normally rejected except in case of extreme administrative exigency.
7)                                                                     In para 4 (f) The house discussed and resolved that the cadre has unanimously and strongly objected to proposed tenure of 3 years for J&K Commissionerate. J&K is still declared as disturbed area under the Disturbed Areas Act, and the law and order situation there is still volatile. The law and order situation in J & K, especially in the valley area, changes as frequently as weather. There is no proper security and infrastructure for our officers in the region. The tales narrated by some of our members have been harrowing and horrible and just like a night-mare. It may be added that our cadre does not enjoy the privileges enjoyed by the senior officers and by no stretch of imagination our cadre can be compared with the Group A cadre of the Department. The reason of  administrative efficiency for longer tenure in J&K does not stand the test of logical scrutiny in view of the fact that the tenure in the various postings, which are equally or even more sensitive, in the Customs Preventive Commissionerate, Amritsar, the far-away Ranges/Offices of Central Excise and important sections of non-sensitive nature like Audit/Review/Adjudication, is one year for the last so many years and the system has been working very well and there has been no tangible drawbacks. Moreover, it is the policy of Govt. of India that the officers posted to North East (J & K is at par with N/E region) are to be given their choice station after two years tenure, but the proposed changes will take away this choice available as per existing policy from members of our cadre, who spend one year extra in J&K for the sake of stability of their family. Hence, this choice of necessary evil being availed by our members for the stability of their families should not be withdrawn.
8)                                                                     The house further resolved that roster for J&K posting  should be prepared strictly as per the existing policy i.e. firstly those officers who have never gone to J & K (period of nine months of below to be counted as NIL) and thereafter, the officers who have longest stay outside J&K, irrespective of the tenure they had in J & K as per the then prevalent policy, should be included in the roster.
9)                                                                     In para 4(g) : The house resolved that the posting at hard stations of the Commissionerate including Nyoma and Shipkila will not be for a period of more than  three months. The category of hard stations will be determined by the Commissioners of respective Commissionerates with the consent of the recognized staff associations and there should be clear-cut policy guidelines for posting of officers to such hard stations.
10)                                                                 The house further resolved that a suitable para may be included in the policy to the effect that normally an officer shall not be placed/posted at a hard station within a period of two to three years of his previous posting to such hard stations and this clause will be applicable even in case of officers joining on ICT. However, the officers willing to remain for longer periods of their free will may be allowed to continue at such stations for longer periods.
11)                                                                 Para 4 (H) : The house resolved that the continuation of an officer at non-sensitive/sensitive station beyond normal tenure should be resorted to only in case of extreme exigency after recording of proper reasons thereof and also that it must be strictly ensured that the officers having sensitive charges are not burdened with non-sensitive charges and vice-versa.
12)                                                                 In para 4 (i) ¨The house resolved that posting at such far away stations as mentioned in this para of DTP should not normally one year, except where the officer gives his consent for continuation during the second year. It will be better if the consent of the officer transferred to such stations is obtained during the first year itself so that the stability of the tenure/family of such officer is ensured and the Govt. expenditure on account of TTA is also saved on account of such annual transfers.
13)                                                                 Para 4 (K) the house observed that the clause that an officer shall not be brought back again and again to the same Section/Branch is a fine clause, but there have been number of violations of this clause. Hence, the house resolved that the administration should strengthen this clause by making it rigorous to ensure that it is scrupulously implemented.
14)                                                                  Para No. 4 (n) : The house resolved that since the period of nine months and above  for calculation of stay at sensitive/non-sensitive posting is to be counted as full year, the period of absence/leave upto three months in non-sensitive charge will be automatically considered for counting the period of stay at non-sensitive posting also. Hence, this clause appears to be unnecessary, or if at all it is to be required, the period of two months may be substituted with three months.
15)                                                                 The house further resolved that the Customs Anti-smuggling branch should be kept as non-sensitive charge as this destabilize  the balance between the sensitive and non sensitive charges on the one hand, and also make the other anti-smuggling posts as “sensitive” on the other hand. Thus, the whole of Customs Preventive Commissionerate will turn out be a sensitive charge, which will be impracticable and unmanageable situation.
16)                                                                 The house further resolved that when an officer is given the sensitive charge in the Division office, he should not be given the non-sensitive charge. In many cases, the officers due for non-sensitive charge are given charges of public dealing/sensitive charge while the officers due for sensitive charge are burdened with the nonsensitive charge. This should be avoided except when warranted by extreme emergency.

2.         NON FILLING OF THE VACANCIES OF ST  QUOTA ON ACCOUNT OF NON-AVAILABILITY OF SUITABLE CANDIDATES.

The members of the House were of the view that the process of filling up of the posts lying vacant on account of the availability of the qualified candidates from the ST category may be expedited. The General Secretary assured the house that a meeting with the administration will be sought in the next week or so to request them to pursue the matter with the higher authorities/CBEC.

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. There is no proper staff or vehicles for service of the numerous notices and summons upon the assessees, especially in the service tax formations, which is posing a great challenge and causing unbearable anxiety/tension/harassment to our cadre. 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.

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. 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.

4. HOLDING OF ALL INDIA EXECUTIVE COMMITTEE MEET OF AICEIA, AT SHIMLA.
In the last meeting of CEC, House approved the decision taken by the President and General Secretary at Patna convention to host the next All India Executive Meet and decided that the meet will be conducted at Shimla in the month of July, 2013. Accordingly, a Managing-cum-Receiption Committee for the purpose, comprising  Shri Sanjeev Sharma, Shri Munish Arya, Shri Vinod Kumar was formed. The house also decided to take help of our Ex- Office bearer/Superintendents in holding this meet.

5. POINTS FOR ALL INDIA MEET FROM CHANDIGARH CIRCLE.
1)     Ensuring all India parity of different zones by fixation of all India seniority. However, the house observed that the correct seniority in all the zones on the uniform pattern may be ensured before the finalization of the all India seniority of the Inspectors.
There has been a meeting with the DG (HRD) and a proposal for all India seniority has been submitted to the Board.
2)     Empanelment of Hospitals for cashless medical treatment;
3)     Utilization of 1% incremental fund for the welfare of cadre by provision of various office equipments and mobiles/laptops etc.
4)     Withdrawal of physical control from the cigarette factories.
5)     Dispensing with the Control Room duty as it has lost its utility inthese days of modern communication.
6)     Grant of 5400/- GP to Inspectors of non-functional Superintendent grade under ACP/MACP SCHEME.
7)     Post based ratio in the Group A posts instead of vacancy based ratio to ensure proper representation of the promote officers in the group A service of Department.
8)     Base Cadre senority for promotion to Group A service;
9)     Expediting the approval and implementation of the Cadre restructuring;
10) Appointment/deployment  of Notice Servers in the service tax formations;
11) Shortage of staff to be made good by appointments and promotions/calling applications from other Central Govt. ministries;
12) Posting of the TA/STAs in the Ranges and other formations.
13) Grant of pay at par with CBI from 1996 with all consequential benefits.
14) Sanction of additional posts of Superintendents on account of increased workload at ICP Attari and ICDs, proposal for which has already been sent to the CBEC by the Zonal administration.
NB : The dates for next All India meet have been fixed as 27th and 28th July and arrangements for booking of the accommodation at Shimla are under-way.
6.         TIMELY ISSUANCE OF ICT AND AGT ORDERS.
            The house observed that the ICTs/AGT orders are yet awaited though the third week of April has passed. It was resolved that the President and General Secretary should request the administration to expedite the process of issuance of the transfer orders. 
NB : The ICT orders for Inspectors have already been issued on 01.05.2013.
7.         POSTINGS IN THE SERVICE TAX FORMATIONS.  
            The house in its last meeting had discussed this issue and resolved that 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.

8.         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.

            The General Secretary apprised that a letter requesting the Chief Commissioner to direct the Commissionerates/DDOs to deduct the subscription has been written with copies thereof to all the Commissionerates. He assured that the issue will be taken up shortly with the CCU for issuance of the necessary directions to the administration in the matter.



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

            As per the mandate/directions of the House in the last meet at Ludhiana, whereby  the working of the Association and the efforts put in by its office bearers to the aims and objectives pursued by the Association was reviewed, letters were issued to the Circle Assistant General Secretary, Vice President Amritsar Branch, Joint Secretary, Amritsar Branch and Joint Secretary, Chandigarh-I to explain the circumstances for keeping them away to perform upto the expected standards. The Assistant General Secretary, Shri H.L. Koul and Shri Balbir Singh, Joint Secretary, Chandigarh-I have resigned on the ground that they could not perform upto their best due to their personal reasons. The house unanimously accepted their resignations and thanked both of them for their cooperation and generous attitude.

Since Shri Ashwani Arora, Joint Secretary, Amritsar Branch could not give his reply to the letters/reminders issued by the General Secretary and also did not attend any of the meetings of the Circle Executive held till date nor could he contribute anything meaningful for the uplift/welfare of our cadre, the house unanimously resolved that his services as Joint Secretary of Amritsar Branch are dispensed with immediate effect.

Keeping in view the reasons and circumstances explained by Shri Suresh Mishra, Vice President, Amritsar and also his promise to deliver better in future, the house resolved that his services may be useful to the cadre and he was allowed to continue as Vice President of Amritsar Branch with an expectation that he will perform better in the future and with a warning not to be careless in future.

10. OTHER IMPORTANT ISSUES DISCUSSED BY HOUSE :

The house also discussed the other matters relating to Control Room duty of Inspectors, allotment of residential accommodation in Colony at Chandigarh, shortage of the staff in various field formations, pendency of medical/tta/ta claims, empanelment of the hospitals for cashless facility etc. The President and General Secretary assured the house to take up these issues with the administration for further follow-up.

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 President and other Zonal Office bearers, Chandigarh Circle;
3.         The Chief Commissioner, Central Excise, Chandigarh Zone, Chandigarh, for kind information and favourable action please.
4.         The Commissioner, Central Excise Commissionerate, Chandigarh-I/Chandigarh-II/Ludhiana/J&K and Customs Preventive Commissionerate, Amritsar, for information please& favourable action pl.  
5.         The Notice Boards at all Commissionerates and Divisional Headquarters, for information of all concerned.

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