This blog is maintained for the benefit of the entire fraternity of Central Excise, Customs and Service Tax Officer's

Tuesday 29 July 2014

Office bearers of the All India Central Excise Inspectors’ Association were in Delhi from 23.07.2014 to 25.07.2014 for meeting with senior most officers of CBEC and DGHRD on many issues like Stagnation, Regional Disparity, All India Seniority for Inspectors etc. The gist of the meetings is as under:-

 

Meeting with Member (P&V)

 

On 23.07.2014, the Office bearers of the All India Central Excise Inspectors’ Association met the Member (P&V) and briefed her on Resolutions passed in the  recently held XVIIIth Convention of the Association and apprised her about the problems of stagnation, apprehensions that regional disparities in promotions of Inspectors to Superintendents of Central Excise are not being addressed in the CR.  The Office bearers requested her to ensure that the issue of stagnation & regional disparity must be addressed during implementation of Cadre Restructuring otherwise there will be flood of litigations across the country.  We reiterated the fact that the All India Seniority regime must be brought in to address the regional disparity.  In the course of  the meeting the DGHRD also joined and listened to us carefully and invited us to meet her on 24.07.2014 for detailed discussion on the subject.  During the meeting, the Member (P&V) and the DGHRD repeatedly assured us that residency period will not be decreased for promotion to the grade of the Superintendent during implementation of Cadre Restructuring. 

 

Apart from above, all major issues concerning the cadre were also discussed.  

Meeting with the DGHRD

 

We met the DGHRD on 24.07.2014.  Ms. Renu K. Jagdev, ADG (HRM) and Sh. V. K. Singh, Addl. Director were also present in the meeting.  We submitted our written Resolutions passed during the 18th Convention and had a detailed discussion on Stagnation & Regional Disparity.  We suggested many solutions to the problem and asked them to eradicate the problems before implementation of the CR. We forcefully but with due regard and on the basis of court judgements and several documentary support demanded the All India Seniority regime before implementation of CR. We asked the outcome (minutes) of the meeting held on 19.05.2014 in the chamber of the ADG (HRM) on “Unification of Examiner, Preventive Officer and Inspectors of Central Excise”.  We  expressed our anguish over the issue of not-providing the minutes despite several reminders.  She told us that the same has not been finalized yet and they will provide us as soon as they will prepare it.

 

We also sought information on the Study Group formed for addressing the  “Acute Stagnation in Group-B Executive grades”. We were accordingly informed of the  reasons for forming the Study Group. It is absolutely clear that this exercise has been undertaken by the CBEC pursuant to  AICEIA taking up the matter with Revenue Secretary, who subsequently directed CBEC to address the problem of stagnation.  Thus, this Study Group is the outcome of the meeting of Office bearers of All India Central Excise Inspectors’ Association and the Revenue Secretary held on 25.04.2014 during which he was  apprised of  the Stagnation in the grades of Inspector and Superintendent of Central Excise, Acute inter-cadre and intra-cadre disparities  in Promotions within Gr B executives of the CBEC, and highly unjust plans of CBEC for implementation of Cadre Restructuring ( copy of letter to the Revenue Secretary  uploaded on this  blog on 01.05.2014 may please be referred).  

 

The DGHRD told us that they are waiting for the approval of CR file from the MoS Finance, and no sooner than the same is cleared, Notifications concerned will be issued.  We strongly reiterated our demand that  the issue of Inspectors’ stagnation and regional disparity must address before or at least in course of implementation of CR. 

 

Matters  related to the amendments required in Recruitment Rules of the Superintendent of Central Excise,  and IRS (C&CEx) were also discussed.

 

Meeting with the Addl. Dir. (I&W)

 

 

The AICEIA has regularly been pursuing the matter of Health Insurance Scheme for CBEC employees and effective doubling of Children’s Education Allowance since more than a  year.  In this connection, we met Ms. Meenu S. Kumar, Addl. Director (I&W) and discussed these issues with her.  The Addl. Director (I&W) was very keen on the Health Insurance Scheme and we discussed all aspects of the proposed scheme.  The proposed Health Insurance Scheme will provide cashless access to Health care facilities to the family of working employees thereby enabling access to healthcare facilities for In-patient department i.e. Hospitalization in over 3000 hospitals/nursing homes across the country with an Annual Check up of the Government Employee once in a year. Initially the new scheme will be for two years as a pilot project, for providing health insurance cover to every employee of CBEC and his/her family worth    Rs. 2 lakhs for once year at a time from the date of the contract.   She also apprised us that more “Add On” or benefits will also be sought from the company providing the Health Insurance Scheme. The Addl. Director (I&W) told us that due to huge financial burden on welfare fund i.e. approx. Rs. 16.85 Crore per annum, a share of the cost of the insurance must also be borne by employee and the same will cost approx.  Rs. 1500/- per annum, which is a nominal amount for such great benefits. 

 

During the meeting, the difficulties in getting through the proposal floated earlier by DGHRD for  effective doubling of the   amount of Children’s Education Allowance for CBEC employees   was explained by the Addl. Dir. (I&W).   

 

During the meeting we were informed  that soon mobile phones/laptops and mobile connection may be provided to CBEC personnel, since the matter is being actively considered.      

 

 

Meeting with Sh. Prakash Chand, Consultant

 

On 24.07.2014, we met Sh. Prakash Chand, Consultant, and member of the Study Group referred to supra, and apprised him in detail the problems that our cadre is  facing.  We presented  the stagnation and disparities issues and the remedial measures proposed by AICEIA . All issues were discussed threadbare us. He informed  that  that a meeting will be held soon to discuss the matter in detail.  The ADG Nacen, New Delhi has subsequently convened  the said meeting will be held on 31st July, 2014.  

 

 

Apart from the above, we also met several officers at CBEC, DGHRD offices and interacted with the office bearers of other Associations & Confederation as well. 


Yours fraternally,

Abhishek Kamal
Secretary General

Lokpal Act 2013 – All Central Government Employees to declare Assets on or before 15th September 2014

Lokpal Act 2013 – Declaration of Assets and Liabilities by Central Government Employees 31st March every year – Information as on 1st August 2014 to be filed on or before 15th September 2014

F. No. 110131312014-Estt(A)
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
Establishment Division
North Block, New Delhi
Dated July 23,2014
Subject: The Lokpal and Lokayuktas Act. 2013 – Submission of declaration of assets and liabilities by the public servants for each year and placing the same in public domain on the websites of the Ministries/ Departments
The undersigned is directed to refer to the subject mentioned above and to say that the Government has notified the Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities and the limits for Exemption of Assets in Filing Returns) Rules, 2014 under the Lokpal and Lokayuktas Act. 2013. on 14.07.2014. The same is available on this Department’s website at http://persmin.nic.in/Lokpal_Homepage~New.asp.
2. As per the said Act and the Rules framed thereunder. every public servant shall file declarations. information or return. as the case may be regarding his assets and liabilities as on the 31st day of March every year. to the competent authority, on or before the 31″ day of July of that year. It may be noted that as per Section 2(1)(o) of the Act, “Public Servant” meansa person referred to in clauses (a) to (h) of sub-sectlon (1) of section 14 of the Act but does not include a public servant in respect of whom the jurisdiction is exercisable by any court or other authority under the Army Act, 1950. the Air Force kt, 1950, the Navy Act. 1957 and the Coast Guard Act. 1978 or the procedure is applicable to such public servant under those Acts.
3. It may also be noted that the definition of public servant covers all Central Government servants (Groups A. B and C). Therefore, all Central Govenmient servants are req~ired to file the declaration. This is an important difference from the Central Civil Services (Conduct) Rules 1964 and may kindly be noted.
4. As per these Rules. the public servants who have filed declarations. information and annual returns of property under the provisions of the rules applicable to such public servants shall file the revised declarations. information or as the case may be. annual returnsas on the 1st day of August, 2014, to the competent authority on or before the 15th day of September. 2014. All Ministries/Departments are accordingly. requested to please bring the provisions of the Public Servants (furnishing of Information and Annual Return of Assets and Liabilities and the limits for Exemption of Assets in Filing Returns) Rules. 2014. to the notice of all concerned for compliance.
5. Formal amendment to the Central Civil Services (Conduct) Rules 1964 will be made in duecourse.
6. Hindi version will follow
sd/-(J.W Vaidyanathan)Director (E)

Wednesday 23 July 2014

Lokpal Act notified – Central Government Employees to declare assets of self, spouse and children

The central government has notified rules under the Lokpal Act making it mandatory for all itsemployees to file declarations of their assets and liabilities and those of their spouses and dependent children.Assets to be declared are immovable properties, cash in hand, bank deposits, investment in bonds, debentures, gold and silver jewellery and bullion possessed, shares in companies, mutual funds, insurance policies, provident fund, personal loans and advance given to a person. Movable properties to be declared are motor vehicles, aircraft, yachts or ships,  by them, their spouses and dependent children
It has issued new forms for filing these returns which have fields to give details on 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 a person or any 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, according to the form.

They need to give detail of their immovable properties and statement of debts and other liabilities on first appointment or as on March 31 of every financial year.There are about 50 lakh centralgovernment employees, including IAS, IFS and IPS, among others.

The rules, Public Servants (Furnishing of Information and Annual Return of Assets and Liabilitiesand the Limits for Exemption of Assets in Filing Returns) Rules, 2014– were notified by the Department of Personnel and Training (DoPT) last week.As per the rules, notified under Lokpal and Lokayuktas Act, every public servant shall file declaration, information and annual returns of his assets and liabilities as on March 31 every year on or before July 31 of that year.These declarations are in addition to such returns being filed by the government employees under various services rules.

However, the competent authority may exempt a public servant from filing the information in respect of any asset if its value does not exceed his or her four months basic pay or Rs two lakh, whichever is higher, the rules said.The employees, who have already filed their declarations, information and annual returns of property, shall file revised declarations as on August 1, 2014, to the competent authority on or before September 15, this year.

According to the Lokpal and Lokayuktas Act, a public servant shall furnish to the competent authority the information relating to the assets of which he, his spouse and his dependent children, jointly or severally, own. He is also mandated to declare his liabilities and that of his spouse and his dependent children, as per the Act
The government is in process of modifying certain rules, including those related to search committee’s working, under the Lokpal Act. The Lokpal and Lokayuktas Act provides for the establishment of a Lokpal for the Union and Lokayuktas for the states to inquire into corruptioncharges against public functionaries. President Shri Pranab Mukherjee had given his assent to Lokpal Act on January 1, this year.
The format for various forms under Lokpal Act relating to Central Government Employees are as follows.


The Economic Times

Sunday 20 July 2014

TARC’s First Report

In recent development CBEC has issued two Office Memorandum regarding “Tax Administrative Reform Commission” and “acute stagnation in Group -B Executive grades”. 


TARC has submitted its first report and CBEC has constituted six committees to look into the six areas of the report. Click below for TARC's first report 
 
 
Some features of TARC Report:
 
A system of limited departmental competitive examinations should be introduced by earmarking 33 per cent of the vacancies in the promotions quota in Group-B as wel as Group A, so that relatively more meritorious and younger officers in the feeder grades can get a fast track in promotions (Section  (IV.3.c)
 
In view of the inability of the current HR process to recognize and reward merit, there is also a need for providing the right opportunity to junior officers joining Group C cadres either by direct recruitment or promotion, to move on a fast track on the basis of intelligence and ability. One way of doing this will be to earmark 33 per cent of promotional vacancies in the cadre of the ITOs in Income Tax, and appraisers and Superintendents in Customs and Excise to be filled by a limited departmental competitive examination for Inspectors, tax assistants, etc, who would be eligible to sit for the examination after 5 years. The examination should test the candidates abilities and knowledge in related areas like tax and business law, accountancy, departmental processes, ICT familiarity and communication. Similarly a part of the promotion quota for the IRs could also be filled by limited departmental competitive examination at a higher level than the examination for inspectors, etc. open to the feeder cadres in the respective services. 
 
This will provide a fast track for meritorious candidates, create an incentive to perform and improve the quality of people in these crucial cadres. It is, after all, officers in these grades that the tax payer most frequently has to interact with and the quality of their performance has a decisive impact on perception about the organizations performance. The regional training institutes should also conduct coaching for employees sitting for the examination. 

Wednesday 16 July 2014

Study Group for removal of stagnation of Group B officers,

THE CBEC has engaged the Center of Excellence to  study  the

 problems of stagnation existed in the Group "B" Executive 

cadres (both gazetted and non-gazetted). The study is

 being conducted by Mr. Parkash Chand, Consultant, in 

association with Mr. B.B. Agrawal, Additional Director 

General, Center of Excellence, New Delhi. All recognized

  Gr-B staff Associations of CBEC, have been requested

 to  submit their suggestions in this regard to either

Mr. Parkash Chand, or  Mr.B.B.Agrawal, at the following 

addresses:


Mr. Parkash Chand, Consultant, Directorate General of Human
 Resources Development, C-4, West Wing, Ground Floor, IRCON
 Building, District Center, Saket, New Delhi 110017

Mr.B.B.Agrawal, Additional Director General, Center of Excellence, 
3rd Floor, Tower 3&4, NBCC Plaza, Pushp Vihar, Sector 5,
 Saket, New Delhi 110017

Soft copies may be sent to Mr.Parkash Chand at 
parkashchand185@gmail.com and to 
Mr.B B Agrawal atcoenacen@gmail.com  
Authority:-CBEC Office Memorandum in 
F.No.8/B/194/HRD(HRM)/2013, 
Dated July 04 2014 . Mean while AIACEGEO 
has already sent  its representation 
to both of them and copy of such representation
 has already been posted in this blog post
 along with the enclosures

Modi likes to communicate his Independence Day speech directly to Central Govt Employees by mail and messages…

 Narendra Modi to reach out to govt employees’ on Independence Day
 Prime Minister Narendra Modi has asked for an exhaustive Central database of all Central and state government employees. The creation of the database, which will have the phone numbers and email addresses of all employees, is already underway, and will be first used on Independence Day when Modi’s speech is directly sent to the employees by mail and messages.
 The prime minister would like his maiden speech from the Red Fort to be directly communicated to one crore government employees, such as school teachers, village sarpanches, healthcare workers etc, in the farthest corners of the country. Most of these are not tech-savvy, Internet users and so frenetic efforts are under way to implement Modi’s intent, said government sources.
 The government has therefore initiated the process of creating the first-ever countrywide database of central and state government employees and stakeholders. Cabinet secretary Ajit Seth is monitoring the creation of this database after clear instructions by PM Modi. Seth has been meeting officials from all ministries two times every week to monitor the progress.
 The National Informatics Centre has created a new portal sampark.nic.in for the purpose. All states, through their districts and block level offices, have been directed to update their data on this website. “The ministries are also coordinating with their state counterparts to compile this data in a time bound manner,” said an official.
 The National Informatics Centre has so far collected information of 50 lakh teachers, 30 lakh sarpanches, 10 lakh health care workers and two lakh corporators. The prime minister is likely to use the data to connect with all these employees and stakeholders through social media platforms, much as he had done to connect with voters during the 2014 general election campaign, said an insider.
 “He intends to do the same now with government employees. It is an exercise to build a bond,” the official said.
 Source: www.dnaindia.com

Penalty Proceedings against Central Government Employees…

The below information is tabled to a question in Lok Sabha on 9th July 2014 by the Minister of State for Personnel, Public Grievances and Pensions as follows…
 Article 311(1) of the Constitution provides that no person who is a member of the civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed. Again as per Article 311(2) no such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
 Disciplinary proceedings under the Central Civil Services (Classification, Control and Appeal) Rules, 1965 [CCS(CCA)Rules, 1965] can be initiated against a Government Servant for violation of the provisions of the Central Civil Services (Conduct) Rul\1964. The procedures for imposition of major penalties minor penalties are prescribed in the Rule 14 and Rule 16 of the [CCS(CCA)Rules, 1965], respectively. There are similar provisions in Rules governing the All India Services.
 A list of Minor and Major penalties that may be imposed on a Government servant for good and sufficient reasons as provided in Rule 11 of CCS (CCA) Rules is annexed.
 The data on cases registered involving major penalty proceedings and punishment awarded on conviction are not centrally maintained. It is the endeavour of the Government to strengthen and streamline the institutional mechanism for disciplinary proceedings.In order to check delays in completion of disciplinary proceedings, guidelines for monitoring and expeditious disposal of the disciplinary proceedings cases have been issued on 29th November, 2012.
 ANNEXURE
PENALTIES SPECIFIED IN THE RULE 11 OF THE CENTRAL CIVIL SERVICES (CLASSIFICATION, CONTROL AND APPEAL) RULES, 1965.
 MINOR PENALTIES
(i) Censure;
 (ii) Withholding of his promotion;
(iii) Recovery from his pay of the whole or part of any pecuniary loss caused the Government by negligence or breach of orders;
 (iii a) Reduction to a lower stage in the time-scale of pay by one stage for a period not exceeding three years, without cumulative effect and not adversely affecting his pension.
 (iv) Withholding of increments of pay;
MAJOR PENALTIES
 (v) Save as provided for in clause (iii) (a), reduction to a lower stage in the time-scale of pay for a specified period, with further directions as to whether or not the Government servant will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay
 (vi) reduction to lower time-scale of pay, grade, post or Service for a period to be specified in the order of penalty, which shall be a bar to the promotion of the Government servant during such specified period to the time-scale of pay, grade, post or Service from which he was reduced, with direction as to whether or not, on promotion on the expiry of the said specified period -
 (a) the period of reduction to time-scale of pay, grade, post or service shall operate to postpone future increments of his pay, and if so, to what extent;
and
(b) the Government servant shall regain his original seniority in the higher time scale of pay , grade, post or service;
 (vii) Compulsory retirement;
 (viii) Removal from service which shall not be a disqualification for future employment under the Government;
 (ix) Dismissal from service which shall ordinarily be a disqualification for future employment under the Government.
 Provided that, in every case in which the charge of possession of assets disproportionate to known-source of income or the charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in clause (viii) or clause (ix) shall be imposed:
 Provided further that in any exceptional case and for special reasons recorded in writing, any other penalty may be imposed



Comprehensive GST regime a reality by year end – Revenue Secretary

The Centre is working towards making a comprehensive GST regime a reality by the end of the year, Revenue Secretary Shri Shaktikanita Das said in New Delhi on Monday. Efforts are underway to resolve the contentious issues of entry tax on petroleum and tobacco and arrive at a consensus on compensation to States, Mr. Das said. 
The clarification assumes significance as a major criticism of the Union budget that the Modi government presented in Parliament last week was its silence on a possible time line for the introduction of GST. 
The Hindu.

Advisory to Tax Payers Against Phishing Mails

Press Information Bureau

Government of India
Ministry of Finance 
Information has been received from several quarters that emails are being received by taxpayers claiming to be sent by the Income Tax Department asking the taxpayers to download file containing payable tax details. Such phishing mails are being sent from email addresses like “incometaxindia.gov.india@gmail.com”.
It is clarified that the Income Tax Department does not send any communication from private email addresses such as gmail, yahoo etc. Taxpayers are cautioned that they should not respond to such phishing mails and avoid downloading any attachment , which may contain virus or malicious software.
Taxpayers are advised to visit “Report Phishing” button on National Website of Income Tax Department i.e. www.incometaxindia.gov.in in case they receive such phishing mails.
pib

New Holiday Home at Tirupati for Central Government Employees – Rates under Category C will be applicable for Tirupati Holiday Home

MOST IMMEDIATE
No. D-11016/3/2009-Regions
Government of India
Ministry of Urban Development
Directorate of Estates
Nirman Bhawan, New Delhi
Dated 01-07-2014
Office Memorandum
Subject: Opening of holiday home at Tirupati.
Construction of holiday home at Tirupati has been completed and it has been decided to commence the booking of holiday home at Tirupati with immediate effect. Address of holidayhome is D. No. 4-7-29/2, TUDA Apartments Complex, Near I.S. Mahal Threater, Nrisimha Teertham Road, Tirupati-517507. Tele/Telefax No. is 0877 2262211.
Further, as per existing categories, holiday home at Tirupati comes under Category ‘C’ and accordingly, rates of booking will be charged.
2. NIC is requested to upload this office memorandum on the website of holiday homes i.e. www.holidayhomes.nic.in.
sd-/
(NS. Chauhan)
Assistant Director of Estates (Regions)

Rates of booking as per existing categories, holiday home at Tirupati under Category ‘C’ .

Room / Suite
Member of Parliament (For their own stay)
Category of applicants / Visitors
  
1
2
3
  
Central Govt. employee (serving / retired)
Employees of StateGovt. /UTs / Central or State PSU /Autonomous Bodies /Others (serving / Retired)
Private Persons accompanying as guests o fMPs /Govt. employees
VIP
Rs. 150
Rs. 450
Rs. 900
Rs. 1,350
Double/Three bedded AC
Rs. 150
Rs. 180
Rs. 330
Rs. 480
Double/Three beddedNon-AC
Rs. 150
Rs. 150
Rs. 300
Rs. 450
Four bedded AC
Rs. 150
Rs. 230
Rs. 430
Rs. 630
Four bedded Non-AC
Rs. 150
Rs. 200
Rs. 400
Rs. 600
Dormitory(per bed)
Rs. 150
Rs. 50
Rs. 100
Rs. 100