Saturday, April 18, 2020
Regarding deduction from salary as per Revenue Secretary's directions
To
(1) The Secretary for Revenue to the Government of India, North Block, New Delhi.
(2) The Chairman, CBIC, North Block, New Delhi.
Sirs,
Sub: Donation of salary to PM CARES – appeal by Department of Revenue – reg.
We are given to understand that the Department of Revenue has vide F.No.A.50050/42/2020-Cash dated 17th April 2020 issued an appeal calling for donation of One day’s salary from the staff for each month for one year up to the salary of March 2021 towards the PM CARES and that those who are not willing to donate as per the above requirement have been asked to intimate the same before 20.04.2020. In this regard, the following points are brought to your kind notice as per the advice of our All India Executive Committee:
1) Our Association and its members have already committed to donate one day’s salary from the salary of April 2020 to the PM CARES in the cause of fighting COVID 19. This was as per an appeal made by the Chairman, CBIC, after detailed consultations with the Staff Associations in the CBIC. Accordingly, almost all pay bills for the month of April 2020 in the formations of CBIC have been prepared with the above deductions. Many have contributed more than one day’s salary also.
2) Further, our members have contributed more than one day’s salary to the PM CARES/PM Relief Fund, separately also, as well as to CM Relief Funds of their states, considering the gravity of the situation and considering that the States are also put greater strain at this hour, to fight the pandemic at the ground level.
3) In addition, our members are also contributing generously, as money or materials, through various social groups and/or service organisations (even without any expectation for Income Tax exemption) towards COVID 19 relief work and are also actively participating physically in such relief work where ever possible, within the constraints of the lock down.
4) In earlier instances of national calamities, the Government used to make an appeal to the Central Government Staff in consultation with the JCM Staff side. In this case, neither JCM Staff side nor the Departmental Staff side appears to have been consulted before issue of appeal. The Cabinet Secretary vide his D.O. letter vide A-60011/05/2020-Ad.I dated 16th April 2020 addressed to the Secretaries also is seen to have suggested only to seek willingness for voluntary donations for the above cause. Hence, it is feared that the trend to seek non willingness and otherwise presume willingness as set out in the letter of the Department of Revenue would set wrong precedents.
Hence, it is requested that any deduction from the salary of our members, as per the call of the Department of Revenue vide letter dated 17.04.2020, may kindly be made ONLY AS PER THE POSITIVE WILLINGNESS and NOT ON THE BASIS OF NON WILLINGNESS.
Thanking you,
Yours truly,
(R. Manimohan)
Secretary General
AIACEGEO
Copy submitted for information to:
The Cabinet Secretary to the Government of India, New Delhi.
(R. Manimohan)
Secretary General
AIACEGEO
Copy to:
The Principal /Chief Commissioners and Principal/Commissioners of CGST/Customs.
(Through respective Units of AIACEGEO, requesting for necessary directions to all DDOs)
(R. Manimohan)
Secretary General
AIACEGEO
Thursday, April 16, 2020
Clarification sought from DOPT and CBIC on methods of MHA order implementation
Ref. No: MOS(P)/01/2020 Date: 16.04.2020
To
Dr. Jitendra Singh,
Hon’ble Minister of State for Personnel Public Grievances and Pension,
New Delhi.
Sir,
Sub: Clear instructions regarding opening of offices from 20.04.2020 requested to be issued – reg.
In the detailed guidelines issued by The Ministry of Home Affairs vide Order No. 40-3/2020-DM-I A dated 15th April 2020 for relaxations in the extension of the lock down from 20.04.2020 in order to contain COVID -19 para 18 (2) stipulates offices would function with 100% attendance of Deputy Secretary level and above officers and with up to 33% of remaining officers as per requirement.
With regard to the above, it is requested that orders may kindly be directed to be issued from the DOPT as to the ‘actual requirement’, of each department, which does not get covered under the Essential Services, considering the following aspects:
(1) The requirement of each department and wing of each department which is absolutely essential in these circumstances;
(2) The difficulties in uniformity in operations in all zones, considering that some offices will be located in, or officers will be staying in, the containment zones mentioned in the MHA order and subsequently demarcated as Hot spots by the Ministry of Health and Family Welfare vide DO. Letter D-2-21020/16/2020-PH dated 15.04.2020 addressed to all Chief Secretaries of the States and UTs;
(3) In the absence of public transport, many officials and staff will not be able to reach their offices, even outside the containment zones;
(4) Whether in respect of all employees required to attend office, in the absence of public transport, departments will be able to provide sanitized vehicles, maintaining social distancing standards and also procuring Curfew pass or any such documents as required under the Disaster Management Act, 2005;
(5) The necessity stipulated in the MHA order regarding sanitisation of the offices after each shift and making all provisions to ensure that opening of offices do not lead to the pandemic to spread in any way because diversified practices not consistent with the MHA guidelines could put the officers, their families and communities at risk;
(6) When work could be accomplished by work at home, whether the risk of opening of offices and consequently compelling contingent employees and canteen staff also to come to offices would be required;
(7) Section 55 of the Disaster Management Act, 2005, deems it an offence if any violations take place without due diligence.
In the absence of a clear order covering the above aspects, it is feared that field level officers and separate departments may interpret ‘requirement’ in a subjective manner according to the understanding of only the performance of their respective departments or even personal APARs, thus leading to confusion and violation of the lock down orders.
Thanking you,
Yours truly,
-sd-
(R. Manimohan)
Secretary General
AIACEGEO
Copy submitted to:
(1) The Secretary, DOPT, North Block, New Delhi.
(with a request for issue of necessary orders in this regard)
-sd-
(R. Manimohan)
Secretary General
AIACEGEO
(2) The Chairman, CBIC, North Block, New Delhi:-
(with a request that considering the submissions in the above letter, until any orders are issued by the DOPT in the above regard, necessary orders may kindly be issued to maintain status quo with regard to the functioning of our department considering that (i) Customs has already been functioning full-fledged and (ii) CGST activities requiring helping the trade and industry like sanction of refunds, Registration and cancellation of registration have been successfully accomplished by our members through work from home, even using their own lap tops or computers, wherever departmental supply could not meet the present urgent requirements and this has been accomplished even prior to the statutorily stipulated time limits, as acknowledged by the CBIC. Hence, at this juncture, if the field officers involve in any other routine activities like anti-evasion, audit, etc, it could cause distress to the trade and industry and prove counter-productive)
(2) The difficulties in uniformity in operations in all zones, considering that some offices will be located in, or officers will be staying in, the containment zones mentioned in the MHA order and subsequently demarcated as Hot spots by the Ministry of Health and Family Welfare vide DO. Letter D-2-21020/16/2020-PH dated 15.04.2020 addressed to all Chief Secretaries of the States and UTs;
(3) In the absence of public transport, many officials and staff will not be able to reach their offices, even outside the containment zones;
(4) Whether in respect of all employees required to attend office, in the absence of public transport, departments will be able to provide sanitized vehicles, maintaining social distancing standards and also procuring Curfew pass or any such documents as required under the Disaster Management Act, 2005;
(5) The necessity stipulated in the MHA order regarding sanitisation of the offices after each shift and making all provisions to ensure that opening of offices do not lead to the pandemic to spread in any way because diversified practices not consistent with the MHA guidelines could put the officers, their families and communities at risk;
(6) When work could be accomplished by work at home, whether the risk of opening of offices and consequently compelling contingent employees and canteen staff also to come to offices would be required;
(7) Section 55 of the Disaster Management Act, 2005, deems it an offence if any violations take place without due diligence.
In the absence of a clear order covering the above aspects, it is feared that field level officers and separate departments may interpret ‘requirement’ in a subjective manner according to the understanding of only the performance of their respective departments or even personal APARs, thus leading to confusion and violation of the lock down orders.
Thanking you,
Yours truly,
-sd-
(R. Manimohan)
Secretary General
AIACEGEO
Copy submitted to:
(1) The Secretary, DOPT, North Block, New Delhi.
(with a request for issue of necessary orders in this regard)
-sd-
(R. Manimohan)
Secretary General
AIACEGEO
(2) The Chairman, CBIC, North Block, New Delhi:-
(with a request that considering the submissions in the above letter, until any orders are issued by the DOPT in the above regard, necessary orders may kindly be issued to maintain status quo with regard to the functioning of our department considering that (i) Customs has already been functioning full-fledged and (ii) CGST activities requiring helping the trade and industry like sanction of refunds, Registration and cancellation of registration have been successfully accomplished by our members through work from home, even using their own lap tops or computers, wherever departmental supply could not meet the present urgent requirements and this has been accomplished even prior to the statutorily stipulated time limits, as acknowledged by the CBIC. Hence, at this juncture, if the field officers involve in any other routine activities like anti-evasion, audit, etc, it could cause distress to the trade and industry and prove counter-productive)
(R. Manimohan)
Secretary General
AIACEGEO
Sunday, April 12, 2020
Circular regarding work from home and precautions required
CIRCULAR 03/2020
Dear friends and comrades,
Easter is the day of hope for mankind. Like many other days in different cultures and regions/religions, The Easter gives the message that man, by his sheer spirit can pass from Death to Immortality - ‘Mrithyoma Amridam Gamaya’. Deathlessness is sought after only by Asuric forces. Divinity preaches immortality. Man with all his intellectual prowess and power to beat nature to create his own kingdom on earth stands humbled and stupefied before a virus. Even for some light to dawn in the form of developing a vaccine or medicine for this pandemic, we are forced only to pray that ‘let that light dawn in our minds’.
At this juncture, it is with a heavy heart that we note that we lost our Havaldar Shri. Sanjay More of Mumbai Customs to COVID 19. He has become immortal. We pray that God gives the strength to his family to overcome this grief and they also remain safe.
The Chairman had already announced welfare measures for all staff working in the frontline, from the welfare fund. It is also expected that like in the case of other departments where the staff are in the fore front in combating COVID 19, the insurance cover will be appropriately increased.
The Government is forced to extend the lock down by another two weeks to contain COVID 19. Hence our work from home also will have to be extended.
Many units and members have been bringing to our notice some difficulties in the work from home, with regard to operating on the network. Some of these issues are being listed and our advice is given below:
1. That they do not have computer/ lap top at home or they do not have the compatible system, software or browser required to operate or work on the app and/or they do not have network connection or adequate connectivity.
a. We have already taken up with the Board the requirement to supply lap tops along with VPN and mobiles to the Superintendents to enable better execution of work. We have pointed out that lap tops have been supplied only to Group A Officers, while the major work is to be executed by the Group B Officers. We have pointed out that the CBEC had taken a policy decision in 2011-12 itself to supply lap tops to Group B Gazetted Officers but it has not yet been implemented. We have also pointed out that the State GST officials are able to execute their work in a better way because they have been enabled to operate the GST Network from the lap tops issued to them. The present Chairman has told us that he is aware of the gap and has assured that the issue pertaining to supply of lap top with VPN is being processed. However in the present circumstances, we can understand that it may not be immediately possible. However the Chairman has issued instructions to the Zonal heads to issue available lap tops to Superintendents to enable processing refunds on an urgent basis as required by the Ministry, to help the trade. Hence, in the present serious situation that the country and economy face, all possible efforts may be taken to process the refunds from home with the available personal infrastructure, even if lap tops have not been supplied by the department. After overcoming this pandemic we can be sure that the Chairman will be able to get lap tops with VPN and mobiles supplied to all our members at the earliest to make our work competitive with the State GST counterparts. If this is not possible to be done from home, at present for any of the reasons stated above, the same may be intimated to the immediate supervisory office and the work may be done by visiting the office, even though in the current situation it is better to avoid going out of homes to the extent possible. Hence, only if there is insistence from the supervisory officers, members may attend to the above said work from office. In this regard it has also been brought to our notice that the Pr.CC of Bangalore has categorically asked the staff not to come to office and if they are not able to operate the app from their homes for any of the aforesaid reasons, it will not be held against them.
2. Due to curfew and Section 144 imposed in all parts of the Country, private vehicles are not allowed and in many places the Police are not prepared even to see the identity cards and allow officers to attend office. Certain areas have been cordoned off due to some COVID 19 positive cases identified there. Hence reaching office is not easy.
a. The Chairman has issued instructions to the Zonal heads to make office vehicle available to officers if they are required to attend office for urgent work. Hence the immediate supervisory officer may be informed regarding this requirement due to not being able to access the GSTN from home for any of the reasons stated in Point No. 1 above. It may be ensured that the office vehicles are properly sanitized/fumigated.
3. Safety measures to be adopted while attending office.
a. Whether during the period of lock down or after that, it is important to take adequate safety measures while attending office. They include wearing of mask, using hand sanitizers or soap liquid and frequent washing of hands, maintaining social distancing, proper sanitisation/fumigation of vehicles personal as well as office vehicles, insisting upon all other staff including the contingent and contract staff also to observe these and wearing PPEs and Gloves if inspection of imports are involved so that contamination is avoided at Customs stations. Units are required to take up with their local administration the necessity to have walk-in-disinfectant tunnels in all offices before opening regularly so that all staff and visitors also get sanitized and the office premises are safe. However, it may be noted that the walk-in-disinfectants are capable of killing only viruses on the outside and not those viruses that could have got into the persons and hence it should not lead to any complacence among us and the other safety precautions should not be forgotten, Periodical fumigation of the offices also will have to be ensured by taking up with the local administrations. The CBIC has issued necessary instructions already to all field formations to take adequate steps to keep them safe.
4. Health and age factors to be considered while going out of homes:
a. The above two factors have to be kept in mind while taking a decision of going out of homes since as per the WHO advice as well as DOPT instructions, persons above 50 years have to be careful. Since very unfortunately most of our members (due to the stagnation left unattended in the department in respect of our cadre so long) belong to this age group, the additional risk factors like having diabetes, BP, breathing difficulties, liver or kidney problems, etc also may be kept in mind. In case any of the above health issues are there, it is advisable that until the air is clear of this pandemic, even after the lock down is lifted, our members having any of the above issues may remain safe in their homes by applying for medical leave.
5. General:
a. There would be methods used by unscrupulous elements to misuse the present state of turmoil. On the Customs side it could be to smuggle goods by mis-declaration under the assumption that we may be reluctant to examine them at this juncture. Hence, we have to take all precautions as suggested in the previous paras and while remaining safe ourselves, also ensure that any such smuggling attempts are thwarted. On the GST side, there could be wrong claims for refunds. Hence this also may be kept in mind while processing the claims and if in doubt a query may be raised and due to any pressure they may not be admitted without due verification. There are reports from various parts of the country that some young IRS DRs are using impolite language to our members saying that we are enjoying a paid holiday. Let us not waste our energy at this point of time to reply to them, if they have not yet understood that an army marches on its stomach and but for the dedication and hard work of our cadre, this department will not run.
We once again request all our members to remain safe, take maximum precautions while going out of homes and be conscious of our obligations to the society. As a cadre we have always been sensitive to the requirement of the Country and economy and at this very crucial juncture, we will without doubt, excel in our contributions.
With fraternal greetings,
(R.Manimohan)
Secretary General
a. The Chairman has issued instructions to the Zonal heads to make office vehicle available to officers if they are required to attend office for urgent work. Hence the immediate supervisory officer may be informed regarding this requirement due to not being able to access the GSTN from home for any of the reasons stated in Point No. 1 above. It may be ensured that the office vehicles are properly sanitized/fumigated.
3. Safety measures to be adopted while attending office.
a. Whether during the period of lock down or after that, it is important to take adequate safety measures while attending office. They include wearing of mask, using hand sanitizers or soap liquid and frequent washing of hands, maintaining social distancing, proper sanitisation/fumigation of vehicles personal as well as office vehicles, insisting upon all other staff including the contingent and contract staff also to observe these and wearing PPEs and Gloves if inspection of imports are involved so that contamination is avoided at Customs stations. Units are required to take up with their local administration the necessity to have walk-in-disinfectant tunnels in all offices before opening regularly so that all staff and visitors also get sanitized and the office premises are safe. However, it may be noted that the walk-in-disinfectants are capable of killing only viruses on the outside and not those viruses that could have got into the persons and hence it should not lead to any complacence among us and the other safety precautions should not be forgotten, Periodical fumigation of the offices also will have to be ensured by taking up with the local administrations. The CBIC has issued necessary instructions already to all field formations to take adequate steps to keep them safe.
4. Health and age factors to be considered while going out of homes:
a. The above two factors have to be kept in mind while taking a decision of going out of homes since as per the WHO advice as well as DOPT instructions, persons above 50 years have to be careful. Since very unfortunately most of our members (due to the stagnation left unattended in the department in respect of our cadre so long) belong to this age group, the additional risk factors like having diabetes, BP, breathing difficulties, liver or kidney problems, etc also may be kept in mind. In case any of the above health issues are there, it is advisable that until the air is clear of this pandemic, even after the lock down is lifted, our members having any of the above issues may remain safe in their homes by applying for medical leave.
5. General:
a. There would be methods used by unscrupulous elements to misuse the present state of turmoil. On the Customs side it could be to smuggle goods by mis-declaration under the assumption that we may be reluctant to examine them at this juncture. Hence, we have to take all precautions as suggested in the previous paras and while remaining safe ourselves, also ensure that any such smuggling attempts are thwarted. On the GST side, there could be wrong claims for refunds. Hence this also may be kept in mind while processing the claims and if in doubt a query may be raised and due to any pressure they may not be admitted without due verification. There are reports from various parts of the country that some young IRS DRs are using impolite language to our members saying that we are enjoying a paid holiday. Let us not waste our energy at this point of time to reply to them, if they have not yet understood that an army marches on its stomach and but for the dedication and hard work of our cadre, this department will not run.
We once again request all our members to remain safe, take maximum precautions while going out of homes and be conscious of our obligations to the society. As a cadre we have always been sensitive to the requirement of the Country and economy and at this very crucial juncture, we will without doubt, excel in our contributions.
With fraternal greetings,
(R.Manimohan)
Secretary General
Subscribe to:
Posts (Atom)