submission of flood loss estimates.

BLACK FRIDAY

BLACK DAY

F. No. AICEIA/ADMIN/2015/22                                                 Date: 22.11.2015

To
The Chairman,
CBEC,
North Block, New Delhi-1.

Subject: - Notice for observance of demonstration, wearing black badges on 27th November 2015 to protest against the  retrograde recommendations of the 7th CPC – reg.
*****

Sir,
           This is to give notice that all the members of the All India Central Excise Inspectors' Association, which is affiliated to the Confederation of Central Government Employees and Workers, will observe black day and stage demonstration by wearing black badges on duty on 27.11.2015 to protest against the  retrograde recommendations of the 7th Central Pay Commission. 
           The press statement issued by the National Joint Council of Action (NJCA/JCM Staff Side) is enclosed herewith.

Encl. As above (Two pages)
        Yours faithfully,
                                                                                                                                                         Sd/-
Abhishek Kamal
Secretary General

lokpal declaration date extended

Observance of Black Badge Protest on 2nd September

As decided in the Co-Ordination Meeting held on 26.07.2015 in New Delhi, a notice has been served yesterday to the Chairman, CBEC by the AICEIA regarding observance of Black Badge Protest by its members, in support of the Confederation's call of a day strike on 02.09.2015.

The Confederation of Central Government Employees and Workers has given this Strike call on 02.09.2015 for its 11 points Charter of Demands.  The Charter of Demands is as under:-

 1.  Urgent measures for containing price-rise through universalisation of public distribution system and banning speculative trade in commodity market.

2.  (a) Containing unemployment through concrete measures for employment generation.

    (b) No ban on creation of new posts. Fill up all vacant posts.

3. (a) Strict enforcement of all basic labour laws without any exception or

    exemption and stringent punitive measure for violation for labour laws.

     Withdraw the anti-worker Labour Law Amendments

    (b) No labour reforms which are inimical to the interest of the workers.

4. (a) Universal social security cover for all workers

    (b) Scrap PFRDA Act and re-introduce the defined benefit statutory pension scheme.
5.  (a) Fix minimum wage with provisions of indexation.

    (b) Effect wage revision of the Central Government Employees from 01.01.2014 accepting memorandum of the staff side JCM; ensure 5-year wage revision in future; grant interim relief and merger of 100% of DA; Include Gramin Dak Sevaks within the ambit of 7th CPC. Settle all anomalies of 6th CPC.

6. (a) Stoppage of disinvestment in Central/State PSUs. Stoppage of contractrization in permanent perennial work and payment of same wage and benefits for contract workers as regular workers for same and similar work.

     (b) No outsourcing, contractrization, privatization of governmental functions; withdraw the proposed move to close down the printing presses, the publications, form stores and stationery departments and medical stores Depots; regularize the existing daily-rated/casual and contract workers and absorption of trained apprentices.

7. Removal of all ceilings on payment and eligibility of bonus, provident fund; increase the quantum of gratuity.

8. (a) Compulsory registration of trade unions within a period of 45 days from the date of submitting applications; and immediate ratification of ILO Convention C 87 and C 98.

(b) Revive the JCM functioning at all level as an effective negotiating forum for settlement of the demands of the Central Government Employees.

9. (a) Against FDI in Railways, Insurance and Defence.

    (b) No Privatization, PPP or FDI in Railways, Defence Establishment and no corporatization of Postal services.

10. Remove arbitrary ceiling on compassionate appointment.

11. Ensure five promotions in the serve career.

All AICEIA Branch and Circle General Secretaries are required to immediately serve Notice to respective Chief Commissioners or Commissioners, and start campaigning forthwith for making this  Black Badge Wearing Program a grand success.

lokpal declaration notified again

lokpal declaration date.

letters to CC

Indirect tax collection up 39.2%; excise reflects mfg uptick.

New Delhi, Jun 10 (PTI) Indirect tax collection has jumped 39.2 per cent in April-May, with excise showing a smart rise reflecting pick up in manufacturing, Finance Minister Arun Jaitley said today.

The collection of indirect taxes in all three categories - customs, central excise and service tax - has shown rising trend in the current financial year, 2015-16, he said.

"Data for the indirect tax collections for the month of May is now available. In May 2015, collections have increased by 37.3 per cent. Therefore, cumulatively for April and May compared to past year, the increase is by 39.2 per cent," Jaitley told reporters here.

He however did not share the absolute numbers of tax collections.

A significant part of rise in collections was on account of the additional cess imposed on diesel and petrol as well as the clean energy cess, he said.

"Now even if the impact of this additional sectors is excluded, in May the increase would be 16.9 per cent and cumulatively the increase would be 12.6 per cent for the two months," he said.

"This is a very healthy growth in indirect taxes and since it is spread over all sectors it initially indicates a pick up in manufacturing particularly the excise collections have moved up," he added.

The increase in excise collection was reflective of pick up in manufacturing sector, Jaitley said.

The 16.9 per cent growth in indirect taxes after excluding the revenue generated from additional excise duties levied this fiscal, "is a fairly healthy growth", he said.

Asked if the increase in excise collection will be reflected in growth in factory data, he said, "Revenue is one indication. That's (IIP) another indication. So cumulatively we have to add up all this. Since it is a pattern which has continued for two months it at least gives some green shoots."

On his meeting with farmers on the amendments the government has made to the Land Acquisition Bill of 2013, Jaitley said he had explained the provisions of the bill to them. Also, farmer bodies gave suggestions on the issue.

"There is very little difference between the government's approach and their approach. So I will send their suggestions to the concerned minister and I will talk to him," he added.

letter to cc

POST BUDGET CHANGES IN SERVICE TAX

LETTER TO CC REGARDING VACANCIES IN CHENNAI ZONE

ALL INDIA CENTRAL EXCISE INSPECTORS’ ASSOCIATION

CHENNAI BRANCH

(Formerly All India Federation of Central Excise Executive Officers)

Affiliated to the Confederation of Central Government Employees & Workers Recognised by Ministry of Finance

(vide F.No.B.12017/1/2004-Ad.IV A dated 31.12.07)

Address for Correspondence:

121, Nungambakkam High Road,

Phone : 09791027999                                                      Chennai-600034

                                                                                   

President: Lokesh Kumar Singh                                General Secretary: P.Karunakar Reddy

   Dated :19.05.2015

To

The Chief Commissioner of Central Excise,

Cadre Control Authority,

Chennai C.Ex Zone, Chennai-34.

Sir,

Sub: Transfer policy in respect of Group 'B' Gazetted, Non Gazetted executive officers in

        Chennai Cadre Control Zone - reg.

*  *  *  *  *

            Kind reference is invited to this association letter dated 19.03.2015 regarding comments on draft transfer policy. In this regard the following facts are reiterated for consideration.

The vacancy position of officers in the cadre of inspectors before the promotion orders issued in the month of April 2015 is:

Formation	Sanctioned	Working	Vacancy
Chennai-CEx & S.Tax zone	1181	556	625
Coimbattore zone	572	544	28
CC(P)	313	223	90

The above strength was depleted on account of promotion to the grade of Superintendent. It can be seen that the distribution of officers and sharing of shortage of officers is not even. It is estimated that the current working strength would be about 1060 and they may be distributed in the ratio of sanctioned posts to the respective zones.

In this regard the association requests to consider distributing the vacancies evenly and transferring the officers from Coimbattore to Chennai in the AGT 2015 as many officers working in Coimbattore Zone are requesting for transfer to Chennai.

Also it is noticed that the representations regarding transfer/ICT/Deputation etc are not being forwarded by the respective Commissionerates to the CCA citing shortage of staff. By such action the genuine requests are being sidelined at the discretion of the Commissionerates. The officers who are lucky enough to get their applications forwarded only are being considered in the CCA.

Since the deciding authority is the Chief Commissioner, CCA all the Commissionerates may be directed to forward all the representations unbiased to the CCA so that common criteria may be adopted for such representations and may be disposed accordingly.

Yours sincerely,

(P. KARUNAKAR REDDY)

General Secretary

letters written by AICEIA to Board

ICT related matters

POSTED BY SECRETARY GENERAL ON 2:21 PM WITH NO COMMENTS

F. No. AICEIA/ADMIN/2014/04                                  Date: 07.05.2015                                

To

The Member (P&V),

Central Board of Excise & Customs,

North Block,

New Delhi-1.

Sub:­ Inter-Commissionerate Transfers- Request for issue of instructions –reg.

Madam,

              This Association would like to draw your kind attention to the Board’s circular F.No.A-22015/23/2011-Ad.III.A dated 27.10.2011, containing the guidelines for Inter-commissionerate transfer of Group ‘B’, ‘C’ & ‘D’ officers under CBEC.

2.      This is to bring to your kind notice that the Cadre Controlling Authorities under various zones are following divergent policies owing to which the deserving candidates, whose request was considered as genuine, are unable to get the requisite benefit of transfer.

3.        Kindly find enclosed a copy of the order dated 18.03.2015 passed by the Hon’ble Central Administrative Tribunal, Ernakulum on a batch of applications filed by the officers who were granted Inter-commissionerate transfer but have not been relieved. The cadre controlling Chief Commissioner, Cochin had granted concurrence in respect of those officers for their transfer to various zones and the respective cadre controlling chief commissioners have issued necessary orders of transfer. However, the CCA, Cochin has delayed the relief on administrative grounds (citing shortage of staff), due to which these officers had approached the Hon’ble Tribunal for relief. The Tribunal has ordered that these officers shall be relieved within a period of 40 days from the date receipt of the order. However, it has come to our notice that the CCA has challenged the said order in the Hon’ble High Court of Kerala and obtained a stay order for a period of 4 months. The relief of these officers has therefore been further delayed. 

4.      Madam, you would appreciate that these officers had sought transfers to their respective hometowns/other places of their need, on compassionate grounds, which were considered to be genuine based on which the orders for transfers have been issued. However, if their relief is delayed, the very purpose of which transfer was sought and considered is defeated.  Many zones cancelled the ICT orders due to non-relieving of officers from particular zone.  If an order of ICT is cancelled for no fault of the officers then it may well be impossible for them to get another opportunity for transfer in the near future. The reason cited by the Cadre controlling authorities for delaying the relief on administrative grounds is unjustified, as the vacancy position across all zones is higher. Subsequent to the above, the requests of officers for transfer on genuine medical grounds are not being considered and kept pending.

5.     One of the conditions of ICT is that the officers who are seeking transfers would be placed at the bottom of the seniority list and delay in relief will result in loss of their seniority as officers from other zones are likely to report ahead of them and also in case of new recruits joining the respective zones. Madam, it is now learnt that the SSC has declared the results of the CGL Examination for the year 2013 and new recruits are likely to join the department in the coming days. In case of any delay in relief and cancellation of the orders already issued, these officers will stand to lose enormously and the purpose for which they sought transfer will forever remain unfulfilled. The provisions for inter-commissionerate transfer were meant to alleviate the sufferings of the officers who are posted far away from their hometowns. However, the decisions/divergent views taken by various cadre controlling authorities are scuttling the purpose for which it was brought in.

6.     Many CCAs are not forwarding the applications of ICT to other zones, even on extreme compassionate grounds (i.e. disease like cancer to his/her dependent), which is causing great mental agony, sufferings and economic crisis to the family of Inspectors.  Administration takes different measures for consideration of ICT or granting NOC for ICT.  They, sometimes, act differently under same zone.  For example, a Commissionerate forwards application for ICT whereas other Commissionerate rejects the application in the same Cadre Controlling Zone citing different reasons.  Central Excise Zone, Kolkata is also not relieving Inspectors even the Inspectors have been granted ICT to other zone citing administrative exigencies.  This arbitrary action of the administration is marring the purpose of the Board’s guidelines on ICT.

7.     There are neither proper guidelines for forwarding the application of ICT by a CCA nor any proper guidelines for consideration of the same by other CCA.  There are also no proper guidelines for ICT on Spouse Grounds in this existing circular.

8.     Under these circumstances, it is requested that appropriate instructions may kindly be issued for maintaining uniformity in respect of Inter-Commissionerate transfers. Awaiting issuance of favourable orders, we remain.

        Thanking you.

               

                Encl. As above.

         Yours faithfully,

Abhishek Kamal

Secretary General

Non-observance of CBEC Guidelines regarding Hon’ble Supreme Court Judgment in the Case of N R Parmar v/s. Union of India

POSTED BY SECRETARY GENERAL ON 2:14 PM WITH NO COMMENTS

F. No. AICEIA/ADMIN/2014/05                      Date: 07.05.2015                                

To

The Member (P&V),

Central Board of Excise & Customs,

North Block,

New Delhi-1.

Sub: Non-observance of CBEC Guidelines regarding Hon’ble Supreme Court Judgment in the Case of N R Parmar v/s. Union of India by many CCAs - Reg.

Madam,

    Please refer to the letter No. A-32022/06/2014-Ad.III A dated 08.09.2014 issued by the CBEC, New Delhi regarding Inter-Se Seniority of Direct Recruit & Promotee Officers.

   In this context, it is to submit that many Cadre Controlling Authorities have not yet finalized the Seniority List of Inspectors in light of Hon’ble Supreme Court judgment in the case of N R Parmar v/s. Union of India.  The CCAs of Central Excise & Service Tax Zones like Bangalore, Mumbai, Ranchi etc. have not prepared the Seniority List yet, despite the lapse of many months.

       Many Inspectors of different zones have forced to move to CAT in order to get the said judgment implemented. For example, some officers in the grade of Inspectors had to approach the Hon’ble Central Administrative Tribunal, Ahmedabad, which granted a blanket stay on conduct of DPC, till Seniority List dated 01.01.2013 is revised in light of the said judgment of Hon'ble Supreme Court.  Finally, the draft Seniority List as on 01.04.2014 was prepared by CCA, Vadodara as per the guidelines of CBEC regarding the implementation of the Hon’ble Supreme Court judgment in the case of N R Parmar v/s. Union of India and was submitted to the Hon’ble Central Administrative Tribunal, Ahmedabad on 07.10.2014.  Further, CCA, Vadodara vide its letter dated 14.10.2014 (copy enclosed) published the revised draft Seniority List as on 01.04.2014. However, the same could not be finalized as some of the Inspectors of 2003 Batch (Joined in the year 2005) subsequently approached the Hon’ble High Court of Gujarat for implementation of the said Hon’ble Supreme Court judgment in their case as well and the same is pending before the Hon’ble High Court, but it is pertinent to mention that no stay has been granted by the Hon’ble High Court on the Seniority List as on 01.04.2014 till date.

        

     Madam, despite Association's requests dated 28.04.2015 & 29.04.2015, the Chief Commissioner of Central Excise, Vadodara/Ahmedabad zone is validating the “Seniority List as on 01.01.2013” for the purpose of calling willingness of Officers in the grade of Inspectors for Gujarat Customs in view of AGT-2015 instead of the “Seniority List of 2014”.

         Madam, this situation persists in many zones (like Kolkata) where the seniority list on the basis of the above said judgment of Hon'ble Supreme Court has been prepared and circulated but for promotion, AGT & other matters, the old seniority list is being used.

     In this regard, it is requested to issue suitable directions to the competent authorities for preparation & issuance of Seniority List in light of N R Parmar Judgment without further delay and issuance of ‘Due List’ of Inspectors for Gujarat Customs in consonance with the Draft Seniority List as on 01.04.2014.

        Thanking you.

Encl. As above

                     Yours faithfully,

Sd/-

Abhishek Kamal

Secretary General

Copy submitted to:-

(1)    The Chief Commissioner, Central Excise: Vadodara Zone, Central Excise Bhavan, Race Course Circle, Vadodara-390 007 for favour of kind information please.

(2)    The Chief Commissioner, Central Excise: Ahmedabad Zone, Near Polytechnic, Ambawadi, Ahmedabad-380 015 for favour of kind information please.

(3)    The Chief Commissioner, Customs: Gujarat Zone, Custom House, Navrangpura, Ahmedabad for favor of kind information please.

(4)    The National Vice-President (Representing West Zone), All India Central Excise Inspectors’ Association, Rajkot with reference to his letter dated 28.04.2015.

Abhishek Kamal

Secretary General

FAQ ON LOKPAL

Protest meet at Nungambakkam office.

letter to CC

Extension of time for filling returns under lokpal

the last date for filing returns under lokpal has been extended to 15.10.2015.

Row Over GST: Key Reform Measure in Trouble as Opposition Protests in Parliament

NEW DELHI:  The entire opposition walked out of the Lok Sabha on Friday in protest against the government's move to hold a discussion on the Goods and Services Tax (GST) bill that Finance Minister Arun Jaitley tabled in the lower house today.

The Congress-led opposition wants the bill to be sent to a parliamentary committee for scrutiny of the changes made in it before the house debates and votes on it. The GST is key to the reforms agenda of the Narendra Modi government, which wants to push it through Parliament soon so that it can prep for a rollout by April next year. The government wanted a discussion today and on Monday and a vote on the bill the same day.

The Congress also brought up a number of technical reasons to stall the discussion today, including the argument that financial business cannot be brought up on a Friday, which is usually kept aside for private members' bills to be taken up.

It also said that pending financial business must be taken up first.

GST will cut down the large number of taxes imposed by the central government and states and will lead to the creation of a unified market. The bill, which amends the Constitution and so requires a two-thirds majority in both houses to vote for it, already has the consent of states, who are key stakeholders.

"The UPA must start supporting legislations that it itself introduced. You should be happy that the good work was done by your government. I am accepting that, complimenting you and taking it forward," said Finance Minister Arun Jaitley after he tabled the bill.

The GST Constitutional Amendment Bill, which was introduced in the Lok Sabha by the Congress government in 2011, has lapsed and so the Modi government has had to come up with a fresh bill.

The BJP has a big majority in the Lok Sabha or lower house and will not find it difficult to pass the bill in that house. But it is in a minority in the upper house or Rajya Sabha and is struggling to pass key legislation in that house.

STA TO INSPR PROMOTION ORDERS

letter to CC dated 30.03.2015

ALL INDIA CENTRAL EXCISE INSPECTORS’ ASSOCIATION

CHENNAI BRANCH

(Formerly All India Federation of Central Excise Executive Officers)

Affiliated to the Confederation of Central Government Employees & Workers Recognised by Ministry of Finance

(vide F.No.B.12017/1/2004-Ad.IV A dated 31.12.07)

Address for Correspondence:

121, Nungambakkam High Road,

Phone :  09791027999                                                  Chennai-600034

                                                                                   

President: Lokesh Kumar Singh                              General Secretary: P. Karunakar Reddy

                                                                                                                              Dated : 30.03.2015.

To

The Chief Commissioner of Central Excise

Cadre Controlling Authority

Chennai Zone, Chennai 34

Sir,

(By FAX)

Sub : Consequential Vacancies - Promotion to the grade of Superintendent – Reg.

*  *  *  *  *

            In continuation to the earlier letters on the above subject, the following few lines are submitted for kind consideration of the Chief Commissioner.

1.     In respect of the present cases pending at CAT, Chennai the department has submitted before the Hon’ble CAT that the DPCs held for promotion to the grade of Inspectors from the year 2002 onwards are to be reviewed in light of Board’s Instructions vide letter F.No.C-18013/25/2004 dated 04.10.2004 to implement Hon’ble Mumbai High Court order dated 17.10.2003, but not being done due to the pendency of SLP CC No.5272-5284/2008 before the Hon’ble Supreme court in the case of Shri. A. Karunanithi.

2.     The said SLP along with other bunch of cases was decided by the Hon’ble Supreme Court on 26.03.2015 in CA.No.2485-2490/2010. Vide the said order Hon’ble Supreme Court has upheld the Recruitment rules of Tax Assistant and Senior Tax Assistant. This order is not directly related to the review of DPCs of Inspectors as the proposed review is based on Recruitment Rules of Inspectors.

3.      An other case in SLP No.22916 and 22917 of 2009 filed by Shri.P.S.Narasimman, Erstwhile ministerial officer of Chennai Custom House challenging the Inspector RR and Operation of Clause 12(b) of the Inspector RR and applicability of Hon’ble Mumbai High  Court judgment dated 17.10.2003 has been de-tagged from the cases in CA.No.2485-2490/2010 and the said SLPs have not been taken up for hearing so far and the decision in the above said SLPs may have an impact on the review proposed and present batch of cases pending in Hon’ble CAT, Chennai.

4.      Also The Hon'ble Andhra Pradesh High Court vide order dated 2.3.2005 in W.P.No.7963/2004 had directed the department to fill up the vacancies in the cadre of Inspector of Central Excise in respect of the vacancies which arose prior to 7.12.2002 in accordance with the then existing Recruitment Rules. The Board vide letter F.No.32022/70/2003-AD.IIIA dated 26.9.05 communicated that the said orders were accepted and issued directions to all the Commissionerates to take similar action for identical cases in their jurisdiction.

5.      Also the Board has been issuing various letters viz a) F.No.32022/70/2003-AD.IIIA dated 26.9.05, b) F.No. 32022/70/2003-AD.IIIA Dated 17.5.2006, c) F.No. 32022/70/2003-AD.IIIA Dated 19.07.2006, d) F.No.A.34011/16/2003-Ad.III A dated 2.2.2006, e) F.No.A.32033/41/2006 Ad.III A dated 23.07.2007, addressed to the Commissioner, Customs House, Mumbai, f) F.No.C-18013/25/2004 Ad.III B dated 4.10.2004 etc,  for implementation of various judgments of Hon’ble CATs and Hon’ble High Courts.

In view of the above it is requested that since the case of CA.No.2485-2490/2010 is settled vide order of the Hon’ble Supreme Court dated 26.03.2015., now the department may like to review the DPCs from the year 2002 onwards as per the Judgments of Hon’ble Mumbai High Court and also Andhra Pradesh High Court on the issue read with the directions given by the Board from time to time.

The selective implementation of Hon’ble High Court orders and boards letters may further lead to judicial disputes and would disturb the harmony among the officers. Hence it is requested that a comprehensive review may be carried out implementing all the judgments read with the Board’s directions in this regard. In this regard reference may be drawn to the ESTABLISHMENT ORDER NUMBER 188 /2013 DATED 21.11.2013 of the COMMISSIONER OF CENTRAL EXCISE, BANGALORE – I, wherein a comprehensive review was carried out.

             

It is requested that the matter may be taken on top priority and the chief commissioner may like to give an appointment to the undersigned to put forth all the issues related to the present dispute.  

Yours sincerely,

(P.KARUNAKAR REDDY)

General Secretary

Copy to the Secretary General / President, All India Central Excise Inspector’s Federation.

Copy to the General Secretary,

AICEIA Zonal Units, Tamil Nadu.