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Sunday, July 23, 2017

The immediate requirement

AN APPEAL TO ALL MEMBERS AND UNITS


Knowingly or unknowingly our detractors have been comparing the Convention held at Chennai to that of the Convention of the Inspectors’ Federation held at Kolkata in 2003.
It is a fact that the present AICEIA representing the entire Cadre of Inspectors throughout India was born out of that Convention at Kolkata only. If that exercise had to be undertaken because the then SG of that Federation had become non functional and incommunicado due to inexplicable reasons, the current exercise at Chennai was necessitated by the malfunctioning by the Secretary General who had consistently refused to democratize the organization and make it membership based. He had refused to take seriously the warnings that had been given by organizationally well intentioned persons regarding the coming of GST and our requirement to prepare ground, more than 3 years ago.  But he started signing letters only after the IRS (DRs) started getting jitters.  We are living down the ignominy now. As a last straw, he refused to vacate office even after promotion and even after being urged by the President and very many other organizationally conscious persons. 
Every effort has been made by those who profess unity of the cadre, to divide local units and send letters to the local administration supporting one person or one group of persons, not having the support of the majority members at the local levels. They have unleashed a spate of vituperative attacks and false propaganda through social media, against persons at the fore front of this organization, who have only served the cadre without expectations of any returns and have unblemished track records in their official capacities also.  Those who stood to gain by the benevolence of the self appointed leaders without democratic credentials, in currying favors, obliged them in this.  Their despair was quite evident. 
In the light of the above developments, the above communication from the Board dated 13.07.2017, is indicative of the following points:
Ø  Contrary to the perception built up by the previous Secretary General, the Board goes only by the paid up membership strength to determine the legitimacy of the elected body.  And that is the correct approach as per the RSA Rules.
Ø  The continuance of a person promoted as Assistant Commissioner, to represent the Association of Superintendents is questionable, as it is hit by the mischief of the RSA Rules wherein his membership itself is in dispute. [In respect of ITGOA, the ground realities are altogether different.]
Apart from the above factors, we have serious organizational concerns also. In respect of many of the units including large ones like Delhi and Mumbai, those who participated in the meeting at Gandhidham,  were not representatives elected in the units, during the past 2 years (or more). 
But in many of such units, the members have started waking up to the present situation.  They have started conducting elections and electing new bodies to represent them.  The newly elected office bearers have also been getting in touch with us and assuring us of their support.
The immediate requirement is to submit the DDO certificates to prove our strength before the Board. There has been considerable dislocation due to transfers, consequent to the reorganisation for GST implementation. Hence, deduction of membership fees has to be effected as early as possible.

We appeal to all units to take necessary steps to send in their DDO certificates at the earliest to the SG’s address.

Thursday, July 20, 2017

CGST is only old wine renamed...complex on display again

Letter to the Revenue Secretary:


ALL INDIA ASSOCIATION OF
CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS
(Representing the Superintendents of C.Ex & CGST)
[Recognised vide CBEC Letter F. No. B 12017/10/2004-Ad IV A dated 21/01/2008]
6/7 A.T.D. Street, Race Course Road, Coimbatore – 641018.
President
Sanjay Srinivasan


Vice Presidents: 
Prabir Mukhopadhyay
Sanjay Kumar 
H.S. Bajaj 
K.S. Kumar
P.K. Jaishankar Iyer


Secretary General 
R. Manimohan
(09443063989)


Asst Secy General 
Shishir Agnihotri


Joint Secretaries:
Kousik Roy
D. S. Thakur
Malkit Singh  Kalugasala Moorthy
Sandip Panvalkar


Core Committee:
R. Chandramouli
Tirthankar Pyne
Ajit Kumar K.G.
Ref. No: RS/4/2017                            Date: 20.07.2017

To
Dr. Hasmukh Adhia,
Revenue Secretary to the Govt of India,
North Block, New Delhi.

Sir,
Sub: - Whether GST Officers are to don Uniform – reg
       We would like to bring to your kind attention that Officers in the Central Excise have been given allowance for uniform.  However, no instructions on the prescribed pattern or rules for wearing are in vogue.  This has been confirmed in a reply to a query under RTI dated 11.12.2009 (Annexure A) and also by the CBEC before the CIC in the proceedings dated 29.01.2010 (Annexure B).  The CIC had in the above cited order, also observed that the CBEC should consider issuing detailed and clear guidelines in this regard. Against the above back drop, it is surprising that the Department of Expenditure has been giving concurrence for the grant of allowance for a non-existent uniform (Annexure C).
     The uniform which was last prescribed in the Tobacco Excise Manual (TEM) was not included in the Basic Excise Manual (BEM) in 1989. The BEM itself in the introduction states that those instructions not included in the BEM stand rescinded. 
     The Office Procedure Manual (OPM) which has not been reprinted after 1970 also contained only the same pattern prescribed in the TEM, with an additional stipulation that the Collectors of Central Excise should notify a tailor in each District from whom such uniforms should be procured.  In the absence of the said pattern and guidelines, the kakhi uniform which is being presently worn, is merely a copy of the Police Uniform and being completely different from the pattern prescribed in the TEM & OPM itself, is only an act in self deception.  With the varied shades of Khaki and brown shoes, it has become a mockery of the concept of Uniform itself.
     Further, requiring officers to don uniform without providing the basic facilities of changing rooms, and separate cabins according to the posts held by them, violates basic decency and decorum. 
 When the department has consciously enabled the differently-abled also to be recruited to these cadres, there could not have been a greater absurdity than continuing to prohibit Ministerial Officers from being promoted to these Cadres, for want of minimum prescribed height. By keeping the practice of wearing of Uniform only up to the level of Assistant Commissioners it has been clearly indicated that the department is not intended to be a Uniformed service at all.
The work pattern of field officers in Central Excise, ever since Self Removal Procedures were introduced, did not actually require any Uniform for performance of their duties.  However, while some field officers felt elated by such attires, the IRS bosses used the services of such uniformed persons to accompany them to public places, thus deriving pride in being escorted by Uniformed personnel.  But the net effect was that even as the department took conscious efforts to reduce interface and interference with the trade, the image of running an ‘Inspector Raj’, continued to slander the department, even though there are several other Executive Officers in several other departments with far more executive powers.
There is an attempt once again to hang on to the remnants of the Uniform even after GST has been introduced.  A copy of a letter dated 13.07.2017 issued by Vishapatnam CGST Commissionerate requiring Officers to get new ID Cards with uniform and cap is enclosed (Annexure D). A copy of the instructions issued by the Nagpur I Commissionerate vide C.No.II(39)04/2017/Et-I/NGP-I dated 17.7.2017 threatening action under CCS/CCA Rules if Havildars to Assistant/Deputy Commissioners do not wear uniform on every Monday & Wednesday is also enclosed (Annexure E).
It may be pertinent to note that the Officers of GST in the State Governments do not wear uniform.
Hence it is requested that at this juncture it may kindly be clarified as to whether Officers have to wear uniform in the GST regime.
If so clear guidelines in this regard may kindly be directed to be issued.
Yours truly,

(R. Manimohan)
Secretary General

Copy submitted to:
(1)  The Expenditure Secretary, Ministry of Finance, New Delhi.
(2)  The Chairman, CBEC, New Delhi.
(3)  The Member (Admn), CBEC, New Delhi.
(4)  The Joint Secretary ( Admn), CBEC, New Delhi.

(R. Manimohan)
Secretary General

Congratulations, celebrations and retrospection.

 Dear Member and Friends, Hearty Congratulations to all the Superintendents who are promoted as Assistant Commissioners in the order dated 1...