Wednesday, 26 November 2014

LOKPAL DECLARATIONS

New Delhi: All central government employees have to file their assets details and liabilities along with that of their spouses and dependent children as mandated under the Lokpal Act by December 31, the Lok Sabha was informed on Wednesday.

Minister of State for Personnel, Public Grievances and Pensions Jitendra Singh

As per the rules notified under the Lokpal and Lokayuktas Act in July this year, every public servant who has filed declarations, information and annual property returns under the provisions of the rules applicable to such public servants shall file the revised declarations as on August 1 to the competent authority on or before September 15.
The provision of the said rules has subsequently been amended by which the time limit for furnishing of such information or return by public servants has been extended till December 31, Minister of State for Personnel, Public Grievances and Pensions Jitendra Singh said in a written reply.

The declarations under the Lokpal Act are in addition to similar ones filed by the employees under various services rules.

All Group A, B and C employees are supposed to file a declaration under the new rules. There are about 26 lakh employees in these three categories, as per latest government data.

The Personnel Ministry has also issued new forms for filing these returns which have fields for mentioning details of cash in hand, bank deposits, investment in bonds, debentures, shares and units in companies or mutual funds, insurance policies, provident fund, personal loans and advance given to any person or entity, among others.

The employees need to declare motor vehicles, aircraft, yachts or ships, gold and silver jewellery and bullion possessed by them, their spouses and dependent children.

PTI

Thursday, 13 November 2014

UNIFORM IN CBEC

The Board has called for views from Associations on Uniform.
Members' valued opinions please.
The last Central Committee of the AICEIA had called for abolition of uniform and Control Room, continuing the consistent stand taken by previous Central Committees, and in keeping with Resolutions adopted at CEC meetings/Convention(s).

valuable comments :


The CBEC seeks to impose Uniform on officers from the rank of AC/DC and below. I am saying imposing because, as on date there is no prescribed uniform in the Department for Central Excise and Service Tax.
After the introduction of the BEM in 1989, all provisions in all different Manuals including the Tobacco Excise Manual which were merged and made part of BEM stood abolished as per the preamble of the BEM itself. 
BEM does not prescribe Uniform. Thus Uniform prescribed in the Tobacco Excise Manual had been excised off. In the Modvat regime and with SRP and record based control becoming the basis of tax administration, the department had taken a conscious decision to do away with the tobacco culture. Thereafter the modified, present day attire, worn in the name of Uniform (which is not sanctioned even by the TEM) was a mimicary of the police uniform. This I pointed out to the JS (Admn) during a discussion and stated that the present attire without authority amounts to 'an official impersonation of the police force'. He had no counter. Subsequent RTI query has also established that there is no instruction available in the CBEC regarding Uniform, its form, code, ethics, etc.

When we (AICEIA) appeared before the VI CPC and stated that if the Government intends to have this service as a uniformed service, then proper equipment allowances have to be granted, one of the members of the CPC Shri. Mathur, who had earlier served as an Additional Secretary level officer in the CBEC asked, 'has not it been already abolished?'. We said that in practice it is retained for the purposes of 'protocol'. What is 'protocol', he asked. A Joint Secretary of the CPC rushed to explain it as 'taking officers to Airport, Rly Stn, etc'. The member then laughed at it and said 'Oh for that?'. Ultimately, the VI CPC did not give any recommendation for any allowance for uniform.
The present attempt to impose it is born out of a poor rationality and is inimical to the interest of the cadres and department because, at present, even before the CPC our cadres have been protrayed as tech-savy and given to non-intrusive preventive and intelligence gathering work force. It is based on this job profile that our pay and allowances have been fixed. Not on the basis of 'tax constabling on the streets'. There is no scope for a macho image in the new tax regime.
If the direct IRS officers still feel that they are so insecure due to their daunting work, decisions taken by them on sensitive matters day in day out, its implications on thugs and industrialists, whose ire they draw by a no-nonsense approach, that they alone run the CBEC and that therefore they are likely to be targets for unforeseen attacks from anti social and anti national elements, more than any of their counterparts in the IAS, IFS, CBI, Income Tax, Enforcement Directorate, etc and therefore they have to have a security cover, it is better they requisition the Police or even CRPF or such specialised agency to provide the necessary security cover. Considering that the CBEC is one of the highest revenue mobilising agency and that only the direct IRS consider themselves as the main reason for that, they may even seek a Z- category security cover. Or they may create a special and specific cadre in the CBEC itself for this purpose.
In the event of the above options being ruled out by the CBEC, they have to specify first and foremost the duties and responsibilities of all officials in the CBEC from the bottom to top, so that the justification for having uniform or otherwise could be assessed based on the job profile of each and every cadre.



1. The Government while simplifying the Rules and procedures had after due thought amended the Rules/Section concerning “uniform” by the Central Excise & Service Tax officers. However the Board wants to restore the concept of “uniform” by replicating the guidelines which were existent in the Tobacco era and Tobacco Excise Manual which stand outdated. Thus there is no authority/Rule as on date for wearing the uniform by Central Excise & Service Tax officers. Hence the draft guidelines proposed is itself without any authority and not valid.

2. When the taxation reform is going to the stage of digitalization where the assessee are not even required to have any contact with the officers and can operate online and file returns, the purpose of wearing of uniform is redundant and stands negated. 

3. Further, there is no relevance for uniform in the liberalised era. The uniform has to be in commensurate with the functions and duties to be performed by the Inspectors/Superintendents. The officers do not move out of the office for PBC/transit checks or lay nakas,which have, by and large, become a thing of past. When the departments approach to the assessee is assessee friendly and of mutual trust, the use of uniform is obnoxious reminiscence of the Licence Raj era. 

4. Two decades ago the various powers provided to the departmental officers to visit factories and carry checks have been done away with and in this modern era even LTUs are functioning with officers only termed as “Executives”. So calling for officers to be in uniform in the office throughout working hours is nothing but restoring “Inspector Raj” which is very much against the policy of the Government;

5. Officer of CBI, Income Tax, DRI, Sales Tax, Tahsildars, State Excise also have the power of seizure and arrest, whereas they function without Uniform. So there is no point in prescribing uniform for this department which serves no purpose rather it would only create harassment for the public;

6. As promised by the Government, we are set to move into GST and we are supposed to be Central GST officers while the Sales Tax officers would be State GST. When State GST officers would not be wearing uniform it would be ridiculous for the Central GST officers who would be performing the same function of tax collection to wear uniform;

7. There are many other issues which need attention of the Administration in stead of compelling the members to wear uniform and issuing warnings of disciplinary action. In our opinion in the era of upcoming GST there would be no place for uniform.

8. Please refer to TARC report referred in CBEC F.No. 296/101/2014-Cx.9 dated 04.07.2014 wherein the Committee had in the clearly stressed on the customer focus area and stated “This gives rise to disputes between the taxpayer and tax administration. It is, therefore, crucial to consider the taxpayer as a client and to follow the logic of providing services to the client.” So when the TARC has suggested for customer friendly measures 
proposing the draft guidelines for wearing uniform in office hours would only distance the taxpayers from the Revenue.

Without prejudice to the above, the comments called for on the draft guidelines issued are furnished herewith:-

• Uniform has been prescribed only upto the level of Deputy commissioners and not for the officers above that level. In any uniformed service such as police department/judicial department/armed forces, the uniform is prescribed upto the top level officer. So if uniform is to be prescribed let it be provided from the top level officer to the bottom level officer. There cannot be any disparity in wearing of uniform and the term “uniform” itself would become irrelevant;

• Compulsion of wearing uniform is treated amongst our members as a tool of repression. The Association is unable to understand that just by wearing uniform while doing table work, what new the Department would achieve. Besides the Central Excise and Service tax Department there may be hardly any organization which is not a ‘law and order’ enforcement agency but having uniform;

• It has been specified that while going on a two wheeler an officer has to salute his senior by straightening his hands and turning his head towards the senior officer. 

This is against the traffic rules and would only lead to accidents either to the driver or the commuter passing along the road;

• When the draft guidelines proposes that “the officers will not travel in a public transport while in uniform”, the following question arises. Is it that the department is ashamed of the officer wearing uniform in public or will the department provide any separate mode of transport facilitating the movement of officers from home to office, office to factory etc.;

• When the higher officer in Group A (above the grade of Deputy Commissioner) is not required to wear uniform but the junior officer in uniform is required to salute him how could the junior officer identify the rank of the higher officer who is not uniformed;

• The guidelines appear to be borrowed from the armed forces/police which are law and order enforcement agencies.

So it is furnished that the draft guidelines issued are not acceptable and the concept of uniform for Central Excise & Service Tax may be done away with as it is not at all needed in this liberalized era.

Tuesday, 11 November 2014

Monday, 10 November 2014

Letter to the Chairman, CBEC reg. DPC and Seniority


F. No. AICEIA/CBEC/CR/2014/28                Date: 07.11.2014                               
To
The Chairman,
Central Board of Excise & Customs,
North Block,

New Delhi-110 001.

Subject: - Fixation of single unified date of promotion across all Cadre    Controlling Zones - request reg.

Sir,

         Please refer to our letter dated 28.10.2014 vide which we had requested to fix a single unified date of promotion of Inspectors to the grade of the Superintendents of Central Excise across the zones under CBEC and directions in this regard may please be issued to all Cadre Controlling Authorities so that nobody suffers the loss of All India Seniority due to different date of DPC.  
          
        In context to above, it is also to mention that some of the Cadre Controlling Zones of the Central Excise has already conducted the DPC for promotion of Inspectors to the grade of the Superintendents against the vacancies created due to promotion from the grade of the Superintendent, Central Excise to the grade of Assistant Commissioner, Central Excise & Customs vide Office Order No. 192/2014 dated 22.10.2014 issued by CBEC.  Several Cadre Controlling Zones of the Central Excise have not conducted the DPC yet, which is causing fear of loss of the Seniority and undue sufferings and agony to the Inspectors.
        
        Hence, in view of the above, it is once again requested to order all the Cadre Controlling Zones of the Central Excise to conduct DPC without further delay and it is also requested to fix a cut-off date for deciding the seniority of all the officers who are going to be promoted or have been promoted to the grade of the Superintendents of Central Excise due to above mentioned Office Order.
          
          Thanking you.                                                
                                                                                                       Yours faithfully,

Abhishek Kamal
                                                                                                       Secretary General

Salaries to Rise 11% in India, Factoring Inflation, 3.4%

NEW DELHI: Employees in India will see their salaries increase by an average of 10.9 per cent in 2015, but high inflation will end up eroding much of their wages, says a report.

"Although wage increases in India are among the highest in Asia, once inflation is taken into account salaries will rise only 3.4 per cent on average next year," ECA International regional director - Asia Lee Quane said.

Express photo Indian workers are expected to feel slightly better off next year amid decreasing inflationary pressures.

"Nevertheless, with inflation expected to be slightly lower next year, wages will increase more in real terms in 2015 than they did this year when they rose just 2.7 per cent above inflation," Quane said.

Average salary across Asia Pacific is set to rise 7.2 per cent in 2015, while Indian employers are expected to dole out a hike of 10.9 per cent.

According to the survey by ECA International, the biggest pay rises in the region have been forecast in Pakistan where companies are anticipating 12 per cent rise on an average, followed by Vietnam in the second position and India in the third position.

But the configuration changes vastly once inflation is taken into consideration. Vietnam would feel the best off in Asia, followed by China in the second place and Pakistan in the third place respectively.

In the Asian region, once inflation is taken into account, India's place falls to seventh on the list, lower than Thailand (4th), Bangladesh (5th) and Sri Lanka (6th).

Employees in Japan would see the region's lowest wage hikes next year as much of the 2.3 per cent increase is likely to be eroded by inflation, the report said.

On the other hand, companies in mainland China are planning to award an average 8 per cent salary increases again next year. Even after inflation, staff there will be among the best off within the region and globally: they can expect to see rise of 5.5 per cent.

On average, salaries in Asia are expected to increase by 7.2 per cent in 2015 and after factoring in inflation it will average 2.7 per cent, higher than the other regions surveyed.

According to company predictions from around the globe, wages would rise 5.8 per cent on an average in 2015, slightly up on this year's 5.6 per cent average.

This year's survey was based on information collected from 340 multinational companies across 66 countries and regions. More than 100 companies provided data on their India -based staff.

Wednesday, 5 November 2014

Introduction of mandatory Induction Training for Probation clearance-regarding.

No. 28020/I/2010-Estt(C)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
North Block, New Delhi
Dated the 30th october 2014
OFFICE MEMORANDUM

Subject: Introduction of mandatory Induction Training for Probation clearance-regarding.

The undersigned is directed to refer to this Department’s O.M of even number dated 21 July, 2014 wherein consolidated instructions on Probation/ Confirmation in Central Services were issued for ready reference to all concerned. As per extant instructions during the period probation, or any extension thereof, candidates may be required by Government to undergo such courses of training and instructions to pass examinations and tests as Government may deem fit as a condition to satisfactory completion of the probation.

2. It has been decided that in all cases of direct recruitment there should be a mandatory induction training of atleast two weeks duration. Successful completion of the training may be made a pre-requisite for completion of probation. The syllabus for the training may be prescribed by the Cadre authorities and the Training Division of DOPT can be consulted, if required.

3. The recruitment rules for all posts, wherever such a provision does not already exist, may be amended to provide for such mandatory training. Till such time as the Recruitment Rides are amended, a clause on the above lines may be included in the offer of appointment.

sd/-
(J.A.Vaidyanatahn)
Director (Establishment)

Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/28020_1_2010-Estt-C.pdf]

Tuesday, 4 November 2014

Congratulations to new president of AIACEGEO.

AICEIA CHENNAI
CONGRATULATES  SHRI RAVI MALIK & SHRI      R. CHANDERMOULI FOR BEING ELECTED AS SECRETARY GENERAL AND PRESIDENT RESPECTIVELY  OF AIACEGEO.

Monday, 3 November 2014

Inclusion of Aadhaar (Unique Identification) number in Service Book of Government servants – Dopt Orders issued on 3.11.2014

No.Z-20025/9/2014-Estt.(AL)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Block-IV, Old JNU Campus,
New Delhi, November 3rd 2014
OFFICE MEMORANDUM

Subject: Inclusion of Aadhaar (Unique Identification) number in Service Book of Government servants

The undersigned is directed to invite attention to the provisions of the Supplementary Rules which relate to maintaining records of service of a Government employee. As per provisions of SR 199 every step in a Government servants’ official life must be recorded in his Service Book and each entry attested by the Head Of Office. As per SR 202, Heads of Offices are to obtain the signatures of the Government servants in token of their having inspected their Service Books annually. Further Rule32 of the CCS (Pension) Rules 1972 provides for issuing a communication on completion of 18 years of service, as part of preparatory work for sanctioning pensionary benefits. The Service Books at present contains details of bio data, posting details, qualifying service, security details, HBA, CGHS, CGEGIS, LTC, etc.

2. It has been decided to include the respective Aadhaar numbers also of all Government servants in their Service Books. The e-Service Book format already provides fields for Aadhaar number of the Government servant.

3. All Ministries/Departments of the Government of India are requested to ensure that the Service Books of all employees have an entry of the employees’ Aadhaar number. The attached and subordinate offices under their control may also be suitably instructed for compliance.

(Mukul Ratra)
Director

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Z-20025_9_2014-Estt-AL..pdf]