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Friday, 19 December 2014

NO PROPOSAL TO REDUCE RETIREMENT AGE.

The central government have clarified that there is no proposal to reduce the retirement age of employees from 60 to 58 years. The information was given in a written reply in Rajya Sabha, Minister of State for Personnel, Public Grievances and Pensions, Jitendra Singh said, "The retirement age for Central Government employees was revised from 58-60 years in 1997 on the basis of recommendations of the fifth Central Pay Commission," and that there is no such proposal "at present" to reduce the age.

Earlier there were media reports that the government is proposing reduction in retirement age of the employees to 58.

The Minister also said that the total wage bill of central government employees in 2012-13 was Rs 1.04 lakh crore whereas in 2011-12 it was Rs 92,264.88 crore and in 2010-11 it was Rs 85,963.50 crore.

The details in the reply showed the highest wage bill was that of the railways which incurred Rs 38,560 crore (almost 38 per cent of total wage bill) in 2012-13, Rs 35,097.08 crore in 2011-12 and Rs 33,580.41 crore in 2010-11.

Followed by the railways, the home department had the next highest wage bill of Rs 25,113.14 crore in 2012-13, Rs 20,036.76 crore in 2011-12 and Rs 17,809.16 crore in 2010-12, he said.

The Minister said defence (civil) had the third highest wage bill with Rs 14,502 crore incurred in 2012-13, Rs 13,102.38 crore in 2011-12 and Rs 12,127.92 crore in 2010-11.

The cumulative wage bill for three departments was Rs 78,175 crore which comes to about 78 per cent of the total wage bill of over Rs one lakh crore incurred in 2012-13.

Wednesday, 17 December 2014

Sub: Draft amendments in the IRS (C&CE) Group ‘A’ Rules, 2012.

ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                            Secretary General:
R. Chandramouli                        240, Razapur, Ghaziabad-201001 (U.P.)                                                      Ravi Malik
Mob. 08939955463     mail Id: ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob. 09868816290
Vice Presidents: P. Parwani, L. L. Singhvi (Central); Anurag Chaudhary, Ravi Joshi (North); N. Raman, G. Srinath (South); B. K. Sinha, Ashwini Majhi (East); Rajesh Chaher, J. D. Patil (West) Joint Secretaries: Anand Kishore, J. S. Aiyer (Central); R. K. Solanki, Ashish Vajpeyi (North); M. Nagaraju, Ajithkumar P. C. (South); P. K. Sen, S. Bhattachariya (East); Jasram Meena, M. K. Mishra (West) Office Secretary: C. S. Sharma
Treasurer: N. R. Manda Liaison Secretary: A. S. Kundu Coordinator on Telangana: P. Shravan Kumar
(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 223/RR/14                                                                          Dt. 18.12.14
To,
Sh. K. Srivastava,
The Chairman, CBEC,
North Block, New Delhi.
Sub: Draft amendments in the IRS (C&CE) Group ‘A’ Rules, 2012.
Sir,
Kindly refer to the CBEC letter F. No. A12018/3/2014-AdII dt.0 8.12.14 on the above subject.
2. It is submitted with due regards that the draft rules have been prepared by the drafter in totally unreasoned manner and are noway acceptable to the Association. Besides the draft RRs being unreasoned, the exercise of drafting the RRs has been done in extraordinarily delayed manner after the notification of the cadre restructuring on 18.12.13. This exercise should have been done immediately after the notification without any delay to affect the timely promotions of the officers. No need to say that the process would be delayed further on account of the RRs still to be approved by the nodal departments which will also further delay the promotions of the concerned officers accordingly. It is worth to mention that the CBEC is already behind by two modal years (2014-15 & 2015-16) in the matter of DPC for the post of Asstt. Commissioner despite of the DOPT provisions to fix the responsibility of the concerned hands responsible for the delay. Even the DPC for the year 2013-14 has been conducted in an incomplete manner as more than 200 vacancies still remain unfilled. This all is indicative of the grossly non-serious attitude of the concerned hands in the matter.
3. Very unfortunately, the temporary post of Asstt. Commissioner has been placed in the lower grade below the regular post of the same category in the draft RRs despite of no such approval being made by the Cabinet or any other concerned authority/nodal department. In the existing IRS RR’s also, there has been shown no difference between the regular and temporary posts. Definition of post include temporary as well as regular without any discrimination in the existing rules. All posts of Asstt. Commissioner, whether temporary or regular, have been created on the basis of the functional requirement of the CBEC without any differentiation between their function, job or work responsibilities. There is also no difference between the pay scale or classification of the temporary & regular posts. Both have been placed in the same pay band & grade pay and also classified as Group ‘A’ JTS without any clause of subordination. Same procedure has been adopted to conduct the DPC for promotion to both from the common Group ‘B’ gazetted post. Hence, two grades can noway be created by bifurcating the same post whether it is termed as regular or temporary. The Central Excise Act, 1944 or Customs Act, 1962 or Finance Act, 1994 also makes no distinction between the temporary and regular posts of Asst. Commissioner. So, there should be same common provisions for these temporary as well as regular posts for all purposes.
 4. It is further submitted that 300 regular as well as 2118 temporary posts of Asstt. Commissioner were created in the same pay scale having similar job profile without any clause of subordination to temporary ones in comparison to regular ones. Para 7 under the heading ‘Duty Posts and Reserves’ of the  Cadre Review of Group ‘A’ Central Services Monograph also says that the regular duty posts consist of both permanent as well as temporary posts. So, the temporary posts cannot be degraded as Grade-IX below Grade-VIII. Instead, these are also to be necessarily categorized as Grade –VIII. It is also pertinent to submit that temporary posts in different Group ‘A’ levels have always being existed as detailed below-
As per vacancy brochure dated
ADC
DC
AC
                 01.01.2007

-
36
01.01.2008

63
33
01.01.2009

144
37
01.01.2010

206
63
01.01.2011

206
82
01.01.2012
1
206
46
01.01.2013

206
42
01.01.2014
1
206
41
But the temporary posts have never been categorized below regular posts at any level. The phrase ‘the grade IX’ has now been created by the drafter merely to discriminate our officers and required to be deleted immediately.
5. Para 7 to Cadre Restructuring notification dt. 18.12.13 provides that "Wherever the posts recommended for abolition are filled up at present, such abolition will be effective on such posts being relinquished by the existing incumbents by way of promotion, transfer, retirement, resignation etc". Whereas contrary to the Cabinet approval, the draft Recruitment Rules  vide para 4 (3)  provide that "these temporary posts shall be in existence upto 17.12.18 and the officers promoted to these posts will not be entitled to seek further continuation on these posts beyond the specified period for which the posts have been created". It means that the CBEC wants to revert back all the officers working on the temporary post of Asstt. Commissioner to the post of Superintendent contrary to the Cabinet approval. This mindset of the drafter to limit the promotional avenues of our officers only to the post of Superintendent is very damaging and discriminating. It is also surprising that the drafter is treating himself above the Union Cabinet. Due rectifications are required to be made in the RRs accordingly.
6. Para 4(2) to draft RRs provides that "on and from the date of commencement of these rules, the authorised permanent and temporary strength of various grades of service shall be as may be determined by the Central Government from time to time subject to variation depending on work load", Therefore, a specific provision is required to be mentioned in these rules that " continuation of these temporary posts will depend on the work load".
            7. The Union Cabinet granted relaxation from the extant IRS (C&CE) Recruitment Rules, 2012 vide Para 9.3 of the Cabinet Note for filling up 2118 temporary posts of Asstt. Commissioner by promotion for five years from the date of implementation of the Cadre Restructuring. Hon’ble Finance Minister also, vide his note dt. 10.05.14 in F. No. 8/B/45/HRD (HRM)/2010 (Part-II) while approving the implementation of cadre restructuring, approved that the period of 5 years would be counted from the date of the implementation of cadre restructuring. In this regard, it is worth to mention that the complete implementation of cadre restructuring is still awaited as many hundred of the promotions in r/o the cadre restructuring are still pending. In fact, the reorganized field formations also became operational only w.e.f. 15.10.14. Hence, the 2118 temporary posts of Asstt. Commissioner should remain operational at least till 5 years from the date of the complete implementation of the cadre restructuring and no need to say that this date would be very well beyond 15.10.19 (instead of 17.12.18 as proposed in draft RRs) after the promotions being affected on all of the cadre restructuring posts subject to the review of the functional requirement of these temporary posts on that date on temporary or regular basis and such posts being relinquished by the existing incumbents only by way of promotion or transfer or retirement or resignation.
8. It appears from the draft RRs that the officers working on the temporary posts of Asstt. Commissioner would not be eligible for regularization against regular posts and instead, the officers yet to be promoted to temporary or regular posts of Asstt. Commissioner and still working in Group ‘B’ Gazetted executive grades would be eligible for promotion against regular posts of Asstt. Commissioner by superseding the officers already working as Assistant Commissioners on temporary posts. We have not to forget that these officers already working on the temporary posts of Asstt. Commissioner are the permanent employees of the Govt. instead of being temporary. Only posts are temporary but officers holding these posts are regular after working as executive officers around for 30 years or more. Hence, fifty percent of the vacancies in the permanent strength of regular Asstt. Commissioner have to be filled up by regularizing the officers serving on the temporary posts and they shall be eligible for further promotions as per the recruitment rules duly counting their service as temporary Asstt. Commissioner. No need to submit that even the stipendiary training period is counted for the purpose of regular service as per the various legal verdicts including the verdicts given by the Supreme Court. Thus, non-consideration of the aspect of future promotions to the officers working on the temporary posts of Assistant Commissioner is a serious flaw in the rules and totally discriminatory. 
9. Actually, the direct promotion to the regular post of Deputy Commissioner should be made on the basis of the length of service in Group ‘B’ executive grade by converting all of the temporary posts and at least 90% of the regular posts of Asstt. Commissioner into the Deputy Commissioner and also adding sufficiently more posts to these keeping in view the extraordinarily acute stagnation of our officers. These officers should further directly be promoted to the post of Addl. Commissioner on the pattern of CPWD where direct Group ‘A’ entry is also into JTS level like our organisation but Group ‘B’ gazetted officers are promoted to the post bearing a grade pay of Rs. 6600/- and further to a post bearing a grade pay of Rs. 8700/-. This has been done in CPWD because of no functional difference being between the posts with the grade pay of Rs. 5400/- & Rs. 6600/- and also Rs. 7600/- & Rs. 8700/-. Thus, the same pattern is also required to be adopted for our officers. 
10. It is a fact on record that the most of Group ‘B’ gazetted officers in the Central as well as State governments are being promoted directly to a STS post including CSS, CPWD, Railway Board, CSSS, AFHQ, Rajya Sabha Secretariat, Forest services, Police services, Foreign Services, Engineering services, State services etc. whereas the Central Excise Group ‘B’ gazetted executive officers are being promoted merely to a JTS post.  As in the case of other Group ‘B’ gazetted officers and also CSS officers working in CBEC too, our officers should also be granted promotion directly to a STS post to maintain parity. Besides direct promotion to STS post, Central Excise Gazetted Group ‘B’ executive officers should also be given benefit of seniority weightage at the time of entry into group ‘A’ like many other categories. For example, the officers of Provincial Services in Southern States enter into IAS on a STS post within 8 years with 4 years of seniority benefit. The rationale behind such a provision of weightage and direct promotion to STS is based on the fact of the promotee officers having gained rich job experience while working at group ‘B’ post as compared to direct recruit new entry group ‘A’ officers. Before Indian Customs & Central Excise Service Group ‘A’ Rules, 1987 coming into existence also, the group ‘B’ gazetted executive officers in CBEC were allowed five increments in the group ‘A’ pay scale on promotion to JTS since senior time scale was not available at that time.  
11. The 6th Central Pay Commission also recommended to maintain the parity between the Headquarters Organisations and the field offices vide chapter 3.1. The High Power Committee had also recommended that the Section Officers of CSS are comparable with the post of Superintendent of Central Excise. It is also clearly mentioned in Note Sheet of the Department of Expenditure vide para-12 of F. No. 62/2/2001-IC supplied vide letter No. 3(123)/2008-RTI Dt. 25.08.08  that the posts in CBEC in the grade of Rs. 6500-10500/- are like DANICS/DANIPS and CSS. So as an instant measure, the Central Excise Group-B gazetted executive officers completing 1½ of times of qualifying service should also be promoted to  STS post as it was done in CSS during 1999.
12. A note under Rule 5(3)(b) in the draft RRs provides that - "For the purpose of making promotion from Group ‘B’ to Group ‘A’ from the officers mentioned in sub-rule (3)(a)(i), a combined eligibility list of Superintendents of Central Excise and District Opium Officers or Superintendents in Narcotics department shall be prepared with reference to the date of completion of the prescribed qualifying service by officers in the respective grade or post. However, vide para 5(4) an arbitrary ratio of 13:2:1 has been prescribed for the feeder categories. As DOPT guidelines do not suggest the fixation of ratio on account of regular promotional posts being too less and also belonging to one & the same organisation, it is submitted that there should be the provisions for preparation of common seniority of all the feeder categories instead of fixation of ratio to grant promotions. Two different principles can’t be prescribed to grant promotions in the same recruitment rules.
13. Article 309 of the Constitution of India is primarily designed to get fairness & equity in recruitment, promotions & other service related matters. Yet the Superintendents of Central Excise are getting just one promotion in the career unlike the other counterparts. Though the Preventive Officers of Customs, Central Excise Inspectors and Examiners of Customs are recruited through the same common all India combined competitive examination against same eligibility conditions for the same cadre of Inspector in the same organisation as well as department with same nature of job jn the same administrative hierarchy under the same Ministry of Finance but the officers recruited as Central Excise Inspectors are compelled to work under the junior officers recruited as Examiners of Customs despite of promotions being made as mere simple on non-selection basis instead of selection basis. The discrimination to the Central Excise executive officers is well evident from the fact that the Inspector of Central Excise of 1982 batch has not yet been promoted whereas the Preventive Officer of 1991 batch as well as Examiner of 1998 batch has been promoted to Group ‘A’. While the Examiners of 1984 batch are at present Joint Commissioner, the 1975 batch Inspectors of Central Excise are merely Asst. Commissioner. This situation should be rectified by making the just, impartial, fair & equitable RRs.
14. Your kind attention is also invited to the minutes drawn against point No. 2 (relating to the framing of RRs to grant parity in promotions with interdepartmental counterparts and enter our officers into PB4 too) of the meeting held under the Chairpersonship of the then Member (P&V) on 31.01.13 issued vide No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC. It has very clearly been mentioned in the minutes that the work of framing new RRs is going on and its progress is being monitored very closely on regular basis. Further, it has been mentioned that the RRs as per DOPT guidelines would be finalized soon. Thus, the new RRs should have been drafted by prescribing the residency periods in accordance of the DOPT OM issued vide No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09 for the sake of parity but, very unfortunately, nothing has been done to frame the RRs granting our officers parity with other counterparts and the officers are feeling cheated as the promise made in the above said minutes has not been fulfilled by the CBEC. Draft on RRs for the sake of parity & equity based on the above mentioned DOPT OM have already been submitted by the Association to the administration on various occasions but no heed has been paid to the same. Neither just & fair RRs have been framed as per the verdict given by the Supreme Court in the W. P. (C) No. 385/11 nor draft RRs submitted by the Association have been considered.
 14. Therefore, it is requested-
i) To frame the recruitment rules not only to maintain the base grade parity but also parity with other better placed interdepartmental counterparts in promotions to enable all of our officers also entered into PB4. If base grade parity or parity with the interdepartmental counterparts cannot be maintained for the time being, recruitment rules may kindly at least be framed to maintain feeder grade parity as a first step duly abolishing the ratio system fixed for promotions. 
ii) To make the direct recruitment in IRS maximum by 10% keeping in view the extraordinarily acute stagnation in the grade of Superintendent of Central Excise. It will also take care of the stature of direct IRS.
iii) To place the temporary posts with the regular posts in the same Grade.
iv) Not to revert back any officer after completion of five years contrary to the Cabinet approval as the temporary posts are to be relinquished by the existing incumbents only by way of promotion or transfer or retirement or resignation.
            v)  To review the functional requirement of temporary posts after 5 years or earlier.
            vi) To count the period of 5 years from the date of the complete implementation of the cadre restructuring after the promotions being affected on all of the posts created in the cadre restructuring.
            vii) To count the service rendered on the temporary post of Asstt. Commissioner for further promotions and various other purposes.
            viii) To promote our officers directly to the post bearing a grade pay of Rs. 6600/- and further to a post bearing a grade pay of Rs. 8700/- because of no functional difference being between the posts with the grade pay of Rs. 5400/- & Rs. 6600/- and also Rs. 7600/- & Rs. 8700/-
ix) To grant due weightage of seniority to our officers in Group ‘A’ at the time of entry into the said group.
x) To promote the Central Excise Group ‘B’ gazetted executive officers completing 1½ of times of qualifying service to the STS post as was done in CSS during 1999 as an instant measure.
xi) To promote the officers to Group ‘A’ on the basis of the combined eligibility list of the officers belonging to all of three grades as per the length of service rendered by them.
xii) To conduct the timely DPC for promotions as prescribed by the DOPT. No DPC may kindly be delayed on account of the delay in the finalisation/approval of the RRs.
15. It is also requested that the Association may kindly be given an opportunity to present the case in person further allowing it to add, alter, amend or delete any submission in the interest of the members.
Thanking you,
Yours faithfully,


(RAVI MALIK),
Secretary General.
Copy with the request for necessary action to:
The Revenue Secretary, North Block, New Delhi.



(RAVI MALIK)
Dear friends,

Please see  the draft constitution of the  "IRS Promotee Officers'   Association" , which is posted below:

Please carefully go through it in order to make any changes in such a way that the Constitution is largely acceptable to all the members concerned. This Constitution will be placed before the general body meeting of the Association for approval and acceptance.

Regards
B.A.Chakravarthi


                                          
CONSTITUTION OF THE
 IRS PROMOTEE OFFICERS' WELFARE ASSOCIATION

PREAMBLE

WHEREAS it is expedient to Adopt the Constitution for  the of the INDIAN REVENUE SERVICE PROMOTEE OFFICERS' WELFARE ASSOCIATION (hereinafter called as the “Association”), to suit and cater to the present requirements of the “Group A” Officers in Central Excise, Customs and Service Tax Departments in the matters of Subscription, Donation, Constitution of the Managing and Associate Committees, framing of the Rules and Bye Laws etc. the members of the Association  hereby Adopt this Constitution in the General Body Meeting of the Association held at Mumbai on the 21st day of DECEMBER 2014.

1. NAME, JURISDICTION AND COMMENCEMENT
This Constitution shall be titled as the Constitution of the "INDIAN REVENUE SERVICE PROMOTEE OFFICERS' WELFARE ASSOCIATION".

The Office and Headquarters of the Association shall be located in _____.
                                                                     
The Official Year of the Association shall be the Calendar year, beginning from 1st August and ending on 31st July every year, in view of the possible changes during the Annual General Transfers and in consideration to the functional necessities with regard to geographical locations and expediencies. However, the accounting year for the purpose of the Administration of Financial Accounts and for the Association shall be from 1st April to 31st March every year.

This Constitution shall comprise of and extend to the Establishment of all Commissionerates and Directorates/Formations in India and any more Commissionerates/Directorates /Formations  which may be formed in future out of any Jurisdiction or part thereof, from the present Jurisdiction of the existing Commissionerates and that the same is subject to the approval of the Apex Body ,namely,  All India Association of Central Excise Gazetted Executive Officers of which all the promotee IRS officers are members.

The Association shall be treated as an Independent Association falling under the jurisdiction of the Central Board of Excise and Customs [CBEC] subject to the Guidelines, Aims, Objectives, and Resolutions of this Association and the “All India Association of Central Excise Gazetted Executive Officers”. 

2 AIMS AND OBJECTIVES

                  i.        The Aims and Objects of the Association shall be:
i) To render efficient service to the Nation.
ii)  To Safeguard and Promote the Interest, Rights and Privileges of the Members of this Association in particular and of the All India Association of Central Excise Gazetted Executive Officers in general  and to adopt measures for betterment of their interests and service conditions,  whether Posted in the Central Excise, Customs and Service Tax or any other Organization in the Department of Revenue, Ministry of Finance under the Government of India.
iii)      To Foster and Promote the spirit of mutual goodwill and respect among the Members of the Association for the furtherance of their Common Interests as well as those among the Members borne on the different Cadres of the Services and attempt at rooting out the factors leading to the growth of the spirit of dissatisfaction among the Members, inefficiency and individual delinquency, encouraging all the time, just and honorable relation between the Members of the Association and the  Authorities.
iv)      To Promote the common interests —  Social, Intellectual and Economic — of the members of the Association, who are distinct category of Government Employees so that commonality of interest can be secured to the maximum extent and the Association functions as a homogeneous group.
v)       To Secure to the members of the Association fair conditions of service and thereby to help them function more efficiently and build-up healthy traditions in the Services without clash of Interests and in accordance with the CCS (RSA) Rules, 1993.          
vi)      To pursue only those matters which involve general principles concerning the welfare and service of the Members and to prevent victimization of any office bearer or Member, as a result of his/her holding such office or being a member.
vii)     To raise, maintain and to utilize funds for the purpose of various activities of the Association, in the interest of its members.
viii)    To present to the Government the cause of the members unprejudiced by Racial, Communal or Regional considerations.
ix)      Generally, to do all such other acts as are incidental or conducive to the attainment of the above objectives.
x)       This Association may affiliate or co-ordinate itself with such Organizations/Federations which is commensurate with the interests of the Association, with the consent of the General Body or the Managing Committee, which are consistent and in consonance with the aims and objectives of the All India Association of  Central Excise Gazetted Executive Officers.  There may also be no objection to a composite Association, consisting of other similarly placed or comparable Gazetted Executive  groups/categories, subject to administrative convenience. 

3.MEMBERSHIP

All IRS promotee officers in service and also those retired officers residing within the jurisdiction of this Constitution are eligible for Membership of the Association. The Membership shall, however, be not open to an Officers who are directly recruited to a Group “A” Post in the Department. The term Member and the words having reference to the  masculine gender shall be taken to include  female members.
The President and Secretary General of the All India Association of  Central Excise Gazetted Executive Officers shall be ex-officio members of this Association.

4. ENROLMENT
Any person eligible for Membership agreeing to act and abide by the Aims and Objects of this Association shall be enrolled as a Member on making an Application/Authorisation letter in writing in the prescribed form giving his/her consent for the deduction of monthly Subscription from the Pay in favour of the Association. The consent so given shall continue, even after his/her transfer from the present post/place, unless and until, the same is withdrawn in writing to the relevant and concerned Designated Authorities.

5. FINANCE/SUBSCRIPTION
(i)      The Finances of the Association shall consist of the Subscription,
Contribution, Donations by Members and any other collections made by lawful means.

(ii)     Each Member of the Association shall Pay a Monthly subscription for each year at the rate of Rs.100 per month through Check-Off System/Pay Rolls as per the provisions of Central Civil Services (Recognition of Service Association) Rules, 1993 regardless the intention whether or not to convert this Association as Service Association in terms of the aforesaid Rules.

(iii)    The Subscriptions shall be subject to any Revision by the General Body from time to time and shall be collected through Pay Rolls as per the provisions of CCS (RSA) Rules, 1993.
(iv)     The retired officers who are desirous to become members of this Association shall send the subscription amount directly to the Treasurer and obtain a receipt for the amount paid. The retired officers may opt for payment of subscription on a quarterly basis.

6.CESSATION OF MEMBERSHIP
Any Member of the Association shall cease to be a Member on the following grounds:-

i)If he resigns from the Primary Membership of the Association.

ii) If he is removed or dismissed from Service.
iii)If he either resigns or retires from the Service.
iv) Any act of commission or omission on the part of a Member, contrary to
the Aims, Objects and Programs of the Association shall render him liable for expulsion, either temporarily or for a specified period and that his Membership shall stand terminated by taking a Resolution to that effect in the Management Committee.

7.RE-ADMISSION
Any Member whose Membership has been terminated as per the provisions of Article 6 (i) and (ii), may be readmitted as a Member, on his agreeing to re-enroll himself from the date of his resignation from membership or on re-instatement based on the decision and conditions made by  the Managing Committee. 

8. GENERAL BODY
All Members of the Association in accordance with the Articles 3 and 4, shall Constitute the General Body which shall be the Supreme Authority of the Association and all the decisions of the General Body shall be final and binding. The minimum Quorum for the General Body meeting shall be 50 Members.

9. FUNCTIONS OF THE GENERAL BODY
The General Body Meeting of the Association shall be called by the General Secretary with the Concurrence of the President, with prior notice of minimum 15 days, as and when felt necessary, but shall be held invariably, once a year to transact following business:
(a)     To review and confirm the minutes of the last General Body Meeting.
(b)     To review, discuss and adopt the report of the General Secretary.
(c)      To review, discuss and approve the audited accounts of the    Association.
(d)     To elect the Office Bearers and Members of the Managing Committee as per Articles 13 and 14,
(e)     To nominate Auditors for the next term of the Managing Committee and to nominate Managing Committee Members as per Articles 13 and 14.
(f)      To adopt resolutions on any subject concurrent with the Aims and Objects of the Association and to take decisions on any course of action or measures to be taken in pursuance of the Resolutions passed.
(g)     To consider and adopt Amendments, if any, to the Constitution.



10.MANAGING COMMITTEE OF THE ASSOCIATION
          The work of the Association shall be Managed by the Managing Committee which shall consist of Twenty (20) Members out of which eighteen (18) Members shall be elected by the General Body or Nominated by the  Managing Committee, in terms of  Article 16 of the Constitution. Of the above, Three (3) shall be the Principal Office Bearers, namely the President, the General Secretary and the Treasurer. The Structural Form of Managing Committee shall be as follows:-

(i) 1. THE PRESIDENT and THE SECRETARY GENERAL shall be elected directly by the members through a secret ballot.
(ii) THE TREASURER shall be co-opted and Nominated by the General Secretary in the General Body Meeting or in the Managing Committee Meeting, according to his choice for Operational/Working Convenience and Efficiency.
(iii) The PATRON & ADVISOR shall be Co-Opted by the General Body or by the Managing Committee from the members .He shall be a person with wide knowledge and experience in the affairs of the association.                     
(iv)  Each Zone shall be represented by one Vice President and one Joint Secretary elected during the General Body Meeting from amongst the respective Members of the respective Commissionerates in a Zone in terms of Article 16. However, the number of Vice-Presidents and Joint Secretaries could be varied or increased depending upon the Jurisdictional, Geographical and operational exigencies. This election shall also be conducted either through a secret ballot or through co-opting amongst the zonal office bearers. 
          (v) In addition to the above Posts, each Zone shall be represented by not more than Two (2) Members per Zone as Committee Members during the General Body Meeting from amongst the Members of the respective Zones.  However, the number of Committee Members could be varied or increased, depending upon the Jurisdictional, Geographical and operational exigencies.

          (vi)  If for any reason, the election amongst the Members per Zone for the Posts of  Vice-President and Joint Secretary could not be held or elected, then the Vacant Post/Posts  amongst the above,  shall be filled up by nominating any suitable Member by decision  of the  Managing Committee either during the General Body meeting itself or immediately after the General Body Meeting, but not later than 45 days. 

(vii)   In the event of any vacancy arising on account of Promotion/Transfer/Retirement/Resignation/Termination/Death etc. for any of the above Posts, the Managing Committee shall Co-Opt a suitable Member for the respective Posts and the same shall be deemed as ratified and valid. However, the vacancies arising on account of any of the above exigent situations, for the posts of President or General Secretary, the Managing Committee may consider Co-Option of the Senior Vice President and Senior Joint Secretary respectively, subject to the majority approval of the Managing Committee Members for the rest of the tenure period till the next General Body Election Meeting.  The decision of the Managing Committee, in this regard, shall be final.
        
(viii) The Nominated Members for the Posts of Vice President, Joint Secretary and Committee Members from each Zone referred to in (v) and (vi) above, shall have the right on par with elected ones. The Posts of President and the General Secretary, Co-opted as per (vi) above shall exercise all powers in accordance with the Articles 17(A) and 17(B) respectively.

11. MANAGING COMMITTEE MEETING - PERIODICITY AND ITS FUNCTIONS
     The meeting of the Managing Committee will be held as frequently as necessary but at least once in a year.
          All the Office Bearers, Members elected by the General Body and co-opted/Nominated Members by the Managing Committee shall attend all the meetings of the Managing Committee as and when and where called either by the President, or the General Secretary.
          If any Office Bearer, Member, co-opted/Nominated Member failed to attend any three meetings of the Association consecutively, without any written communication or any valid reason, he/she shall be automatically stand expelled from his/her respective Post.
     Functions of the Managing Committee Shall be:
a) To manage the work of Association in the best possible manner.
b) To examine the accounts of the Association.
      c)  To sanction the expenses of the Association.
 d)  To set up sub-committees for specific purposes.
e) To frame bye-laws and other rules which shall be in tune with the Aims and Objects  of the Association and which will further be subject to approval of the General Body.
f)To take decisions on all the matters brought before the Committee.
g)To get accounts of the Association audited as and when required, but at least once in a year.
h) To nominate Members to represent the Association.
i)  To nominate any office bearer of the Association in the event of vacation on account of death, resignation or termination of the Membership, till the General Body fills up the vacancy by an Election.
j)     To determine the eligibility or continuity of Membership of any person.

12. ASSOCIATE EXECUTIVE COMMITTEE MEEGINGS OF THE ASSOCIATION
     The work of the units at the Zonal levels with the Jurisdiction of this Association, in terms of Articles 1 & 3, shall be managed by the Associate Executive Committee Members of the Zonal Units.  The Associate Executive Committee shall primarily consist of the Vice-President, the Joint Secretary and the two Committee Members of the respective Commissionerates in the Zone. Besides the above four Members of the Managing Committee  not more than  Members of the respective Zonal Unit Commissionerate shall be Co-Opted for such Associate Executive Committee.  The Vice-President and the Joint Secretary shall co-ordinate with the President and the Secretary General in respect of the affairs of the Association at the Associate Unit Level and also convene Meetings, in terms of Article 13.

13.  CONVENING OF MEETINGS
 i)      The Secretary General of the Association shall convene the General Body Meeting at least once in a year.
ii)      A Special General Body Meeting shall be called by the President, on requisition being made by at least 25% of the Members and within 30 days from the date of such requisition. But for any reason, the period may not be extended beyond 15 days.
iii)     The Managing Committee Meeting shall be called by the Secretary General with the concurrence of the President as and when necessary or at least once in 6 (Six ) Months. 
iv)          A Special Managing Committee Meeting shall be called by the President on requisition being made by one third of the Members of the Managing Committee within the period of fifteen (15) days, from the date of receipt of such requisition.
v)           The Associate Executive Committee Meeting shall be preferred to be convened or called for, by the President, the Secretary General or the Vice-President or the Joint Secretary of the respective Commissionerate once in 6 (Six) Months. 
vi)          A Special Associate Executive Committee Meeting shall be called for by any of the Vice-Presidents on requisition being made by One-Third of the Members of the respective Zonal Units within the period of 10 (Ten) days from the receipt of such requisition.  

vii)        The President and the Secretary General shall be informed about such Associate Executive Committee Meetings so that the respective Associate Units shall ensure their physical presence to maintain and achieve a uniform and consistent opinion and to make resolutions accordingly at the Zonal Unit Level.
viii)      Any decisions inconsistent with Aims and Objectives of the Association, if any, taken at any Zonal Associate Executive Committee Level shall be placed and discussed in the Managing Committee before implementation and that the decision of the Management Committee shall be final.  In fine, the Associate Executive Committee‘s Opinion/Resolutions shall be subject  to the decision of the Managing Committee so that a uniform policy is taken and adopted by the Association.
14. AMENDMENT TO THE CONSTITUTION
The Constitution of the Association may be amended subject to the following conditions:-
i)       Notice of the intention to amend the Constitution shall be given to all Members.
ii)      Resolution seeking amendment of the Constitution shall be included in the Agenda for the first ensuing Meeting of the Members in the official year, preferably, in the General Body Meeting.
iii)     The Resolution shall be passed by not less than two third of the Members present and voting in the Annual General Body meeting, with at least half the number of the Members entitled to vote present during such meeting.  
iv)      Further amendment to the Constitution, if any, shall be done invariably in the General Body Meeting. However, in the event of an exigent situation, the Managing Committee may pass suitable Resolution to temporarily tide over the situation and the same shall be ratified by the General Body within the next ensuing General Body Meeting, but not later than six months. If such ratification is not within the specified time, the Amendment to the Constitution suggested by the Managing Committee would be construed as invlaid.  In such exigencies, the majority opinion of the ensuing General Body shall prevail.  

15.     OFFICE BEARERS OF MANAGING COMMITTEE
(a)     President
(b)     Secretary General
(c)      One Treasurer shall be nominated/selected by the Secretary General in terms of Article 10 of the Constitution.
(d)      Patron & Advisor
(e)     One Vice President for each Zone
(f)      One Joint Secretary for each Zone

          The number of Posts of Vice-Presidents, Joint Secretaries and the Committee Members could be varied or increased, depending upon the operational, Geographical and Jurisdictional exigencies and necessities.  The above Posts except the Posts the Patron & Advisor and the Treasurer shall be elected by the General Body in terms of Article 16 of the Constitution and that the Posts of President, General Secretary and the Treasurer shall be considered as Principal Office Bearers.

16.     ELECTION OF OFFICE BEARERS AND MANAGING COMMITTEE MEMBERS
(i)      No one shall hold any office of the Association unless elected/selected to it, in terms of this Article.
(ii)     The Election of the Office Bearers and the Managing Committee Members excluding that of the Posts of Patron & Advisor and the Treasurer shall be held once in every two years, but in any case not later than three months from the expiry of tune of the existing Managing Committee. If the election is not held within such extended time, the Office Bearers and the Managing Committee Members would cease to be duly elected representatives of the Association and the Apex Body, namely, the All India Association of Central Excise Gazetted Executive Officers shall have the right to hold the election for constitution of new Managing Committee under its supervision.
(iii) Similarly the office bearer of the Zonal Units also should be elected failing which the Managing Committee or the Apex Body, namely, the All India Association of Central Excise Gazetted Executive Officers shall have the right to hold the election for constitution of new office bearers at the Zonal units.
         
(iv) MODE, MANNER AND METHOD OF ELECTION
a)        The Election shall be conducted by the Association only, except, in terms of Article 16(ii) above, by the All India Association of Central Excise Gazetted Executive Officers.
b)        No other Government Department shall in any manner, be associated with any process of Election of Office Bearers and Managing Committee. 
c) The Polling for the Election shall be conducted by way of secret ballot. A Chief Election Officer to be nominated by the President in Consultation with the Secretary General and the Managing Committee or at the pre-convention meeting.
(d)              The President in Consultation with the Secretary General and the Managing Committee shall also appoint not more than Two Election Officers to assist and co-ordinate with the Chief Election Officer for smooth Conduct of the election processes. 
(e)       In case of disputes relating the election process the decision of the Chief Election Officer in Consultation with the other Election Officers and the outgoing Managing Committee or the Members of the pre-convention meeting shall be final.
 (f)  The Chief Election Officer in Consultation with the other Election Officers may nominate Observer/Observers for smooth and fair functioning of the Election, especially to vet the Certificate/Authorization Slips/Consent Letters to ensure voting by Members who are following the check-off system, in accordance with the Central Civil Services (Recognition of Service Association) Rules, 1993.

    (g)  The process of conduct of election including the appointment of Returning Officers, inviting of Nominations, withdrawal of Nominations, preparation of the Final List of Candidates for various Posts, preparation of Ballot Papers/Boxes, safe transportation of the Ballot Papers/Boxes to the Polling Stations and their safe return to the Counting Center, Counting of Votes and Declaration of Results shall be undertaken by the Chief Election Officer with the help, assistance and co-ordination of his team and with the help of the outgoing Managing Committee Members.
 (h)     Eligible Members of the Association who have submitted their Authorisation/Consent  letters and   desirous of contesting the Election, for the Declared Posts of Managing Committee Members including  for the Posts of Office Bearers mentioned in Article15, except for the Posts of the Treasurer and the Patron & Advisor, shall file their  nominations with the Chief Election Officer or Election Officers or any Other Officers Authorized by the Chief Election Officer on or before the Date and Time specified in the Election Notice for filing Nomination.
(i)   One Member shall contest only for one Post.  In the event of any Nomination filed for more than 1 Post, by any individual Member, both/all the Nominations so filed shall be deemed as invalid and rejected.
(j)   For the Post which has a contest voting shall be made by Ballot Papers at the Polling Stations, the Date,  time & place of which shall be Notified in advance and the Results shall be announced in the General Body Meeting, the Date ,time and place of which shall be Notified in the Election Notice by the Chief Election Officer.
(k) The Members who have given their Consent letter/Authorization letter for deduction of Subscription through Pay Rolls only are eligible for casting their votes in the election and that the voting through secret ballot shall be the mode of Election. 

 (l)    Counting of Votes shall be done by the Election Officers or any other person authorized by the Chief Election Officer. The decision of the Chief Election Officer shall be final. The Declaration of Results, after Counting shall be made by the Chief Election Officer.
       (m)  The Chief Election Officer shall intimate the list of successful candidates for each Post and shall intimate to the All India Association of Central Excise Gazetted Executive Officers.
     (n)   The CBEC and all the Chief Commissioners and Commissioners  are to be informed about the election of new office bearers at least within four days after the declaration of the results.
(n)   The newly constituted Managing Committee shall select from eminent members of the Association knowledgeable and experienced in service matters to the Posts of Patron and Advisor. The Managing Committee can select more than one Patron and Advisor depending upon the needs of the Association.

17.     FUNCTIONS OF THE OFFICE BEARERS
(A)    PRESIDENT
(i)      The President shall preside over all the meetings of the Association. He shall supervise the over-all Administration of the Association. He shall ensure from time to time, during his tenure that the Association policy is framed and implemented in the best interests of all the Members of the Association and any activity is conducted strictly in accordance with the Aims and Objectives of the Association.
(ii)     The President shall be empowered to call Special General Body Meeting, Extra Ordinary General Body Meeting and Special Managing Committee Meeting and Associate Executive Committee Meetings as per the provisions of this Constitution.
 (iii)   The President shall appoint the Chief Election Officer and not more than two Election Officers for the purpose of Election, in Consultation  with the Managing Committee and the Secretary General.
(iv)    The President shall have the right to cast the deciding vote on any matter..

(B)    SECRETARY GENERAL
(i)      Subject to the direction and control of the President, the General Secretary shall be the Chief Executive of the Association and all correspondence will be addressed by the Secretary General. The Secretary General will also represent the Association wherever necessary before any authority or forum.
(ii)     The General Secretary shall maintain all the records of the Association, except records pertaining to Finance of the Association which shall be the responsibility of the Treasurer.
 (iii)   The General Secretary shall convene and call for all the meetings of the Managing Committee and Annual General Body Meeting of the Association, except for those mentioned in Article 13 which are to be called for by the President . 
(iv)    The Secretary General shall spear-head all the activities of the Association.
(v)     The Secretary General shall place before each Managing Committee all correspondences that transpired from the date of the previous meeting and give an account and the results of the activities in General. The Secretary General shall initiate action on decisions taken by the Managing Committee and/or the General Body.
(vi)     The Secretary General shall be responsible for properly directing the activities of the Association and offer such guidance as may be expedient.
(vii)   The Secretary General shall be responsible for proper utilization of the funds at the disposal of the Association.
(viii)  At the time of exigency, the Secretary General may initiate actions but the same shall be ratified by the Managing Committee.
(ix)    The Secretary General may in consultation with the President invite other Members at his discretion to attend the Managing Committee/Associate Executive Committee Meetings. But such Members shall not have the right to vote on any issue.

(C) TREASURER
(i)      The Treasurer shall be in charge of the entire funds of the Association and render proper Accounts to the Managing Committee and the General Body.
(ii)     The Treasurer shall issue receipts for money/cheques received on account of the Association.
(iii)       He shall pay all the bills for the expenditure incurred on account of the affairs of the Association after they have been passed for Payment by the Managing Committee.  However, the President, General Secretary and the Treasurer or any two of the Members may on their own, sanction immediate incidental expenditure up to Rs.10,000/- at a time, but these shall be ratified by the Managing Committee at its next meeting.  No expenditure shall be incurred except under the authority of the Managing Committee. 
(iv)        All the accounts of the Association shall be got certified/Audited by the Treasurer from auditor/auditors (Elected by the General Body). 
(v)         He shall keep Accounts with the bank in the Association’s name, and withdraw sums for the expenses under his own signature together with the signature of either Secretary General or the President.

(D) PATRON & ADVISOR
The Patron & Advisor shall be selected in terms of Article 16 above.
(i)   He shall endeavor his best to monitor, guide, motivate and advise the incoming Managing Committee for all the lawful efforts of the Association. 
(ii) He shall liaise and co-ordinate, wherever necessary, with the All India Association, with the consent of the General Secretary. 
(iii)  He shall impart and share the past experiences, knowledge and information on all technical, legal, service and procedural matters to the Managing Committee, as and when, the necessity arises, so that the same could be gainfully and properly utilized by the Association. 
(iv)  It is for the Managing Committee to make use of the services, experiences and exposures of the Patron & Advisor for the Aims and Objectives of the Association.

(E)_ VICE-PRESIDENT
The Vice-President shall perform the functions of the President in his absence and shall exercise all the powers of the President as defined under Article 17 above in the absence of the President.
(i)The Vice-President shall preside over any meeting in the absence of the President or at the request of the President.
(ii)The Vice-President elected to represent the Zone shall be the President of the Executive Committee of the Zone and shall preside over the Zonal Executive Committee Meetings.
(iii)The Vice-President shall co-ordinate with the Joint Secretary of the Zone and may resolve problems of members the of the individual Commissionerates falling in the Zone in consultation and with the authorization of the Secretary General.

(F)  JOINT SECRETARY      
(i)      The Joint Secretary can perform any work in the interest of the Association as and when entrusted to him by the Secretary General. He shall be the General Secretary of the Executive Committee at the Zone level and shall be the main Executive at the Zonal level. 
(ii)     The Joint Secretary elected to represent the Zone shall co-ordinate with the General Secretary for the welfare and interests of its Members at the Zonal level. 
(iii)   The Joint Secretary elected to the Zone shall ensure proper co-ordination with the treasurer for the collection of subscription through check-of-system in accordance with the Central Civil Services (Recognition of Services Association) Rules, 1993.
(iv)    He shall organize the activities of the Association through meetings at Commissionerate levels and shall devise the ways and means for collection of funds and ensure maximum Membership, maintain register of Members and assist Secretary General in every matter. 
(v)     He shall endeavour to propagate the activities of the Association through publicity of journals, pamphlets, periodicals and websites  of the Association as well as devise means and methods for publicity of souvenirs in consultation and co-ordination with the General Secretary.
(vi)     He shall devise the ways and means   to advance social, cultural and economical interests amongst the Members and organize co-operation at the Zonal level in consultation and co-ordination with the General Secretary.
(vii)   The Joint Secretary shall represent the grievances of the Members at the Zonal and Commissionerate level along with the Vice-President of the Zone with the authorization and approval of the Secretary General. 
18. QUORUM
     a) The quorum of the Managing Committee shall be ten (10) members.
     b)       The quorum in the General Body shall be 50 members.
             c)      The meeting shall be adjourned if there is no prescribed      quorum.
d)      The meeting so adjourned may be held immediately after half an hour at the same place.  Such adjourned meeting shall not require any quorum.

19. AUDITORS
a)       Two Honorary auditors shall be elected by the Annual General Body or by the Managing Committee from amongst the Members.
b)       The auditors shall audit the Accounts of the Association as and when requested by the Managing Committee.  However, the Accounts shall be audited at least once in each year before the Annual General Body Meeting is held.
c)     Following the audit of accounts in terms above provisions, the accounts shall be audited by professional Chartered Accountants and duly certified.

20. NOTICE OF MEETING
          An Extra-ordinary General Body Meeting may be called by the President as and when necessary when the situation warrants. At least i5 days notice shall be given to such meeting to all the members.

21. RESOLUTIONS
          Any Member desiring to place any Resolution(s) to be considered by the General Body Meeting shall send such Resolution(s) in writing to the Secretary General at least 10 days in advance of the date fixed for such meeting.



22. DISSOLUTION OF ASSOCIATION
          The Association shall not be dissolved except by the Vote of majority of 3/4th Members present and voting at the time of General Body Meeting called for the purposes, provided the total number of Votes cast in such meeting is not less than 2/3 or of the number of the Members on the Rolls of the Association.  The President shall have no casting vote at such a meeting.  The funds of the Association after meeting all its liabilities shall be disposed of in accordance with decisions of the dissolution meeting. 

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