RECENTLY BOARD HAS ISSUED THE FOLLOWING INSTRUCTIONS TO ALL CADRE CONTROLLING AUTHORITIES RELATING MACP.
F.No. 23011/29/2010-Ad.IIA
Government of India .
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
New Delhi, dated the 4th June,
2014.
To
All Cadre
Controlling Authorities under the CBEC.
Subject: Grant of MACP to the Superintendent in CBEC with
Grade Pay of Rs.6600/ 5400 in PB-3 —
reg.
Sir.
It
has been observed by the Office of the Principal Chief Controller of Accounts
(Pr.CCA), New Delhi that in some of the Commissionerates, grade pay of Rs.6600/- is being allowed under MACPS to the Superintendents
without taking into account NFSG granted after 4 years of
service. As per clarification issued by DOP&T vide their Diary No. 62460/US(D)/2010 dated 26.07.2010
(copy enclosed), the benefit of Non-Functional Grade granted to the Superintendent (Gr.B) officers
after completion of 4 years would be treated/viewed as
upgradation in terms of para 8.1 of Annexure-1 of O.M. dated 19.05.2009 and the same
would be off set against one financial uparadation under MACPS.
2. The issue has also been
clarified by the Board vide its letter F.No.A-23011/29(ii)/2010-AdJIA dated 6th May, 2013
addressed to the Chief Commissioner, Central Excise, Jaipur (copy enclosed). It
is clear from the letter that NFSG granted during 1.1.2006
to 31.8.2008 would be counted/offset against the financial
upgradation under MACPS.
3. You
are requested to kindly ensure that no orders giving MACP benefit in
contravention to the directions of the Board is issued by your office.
4. This
issues with the approval of Member (P&V).
Yours
faithfully,.
End: As above.
(S.A.
Ansari)
Under
Secretary
Copy to:-
Pr.
Chief Controller of Accounts, Central Board of Excise S.: Customs, A.G.C.R
Building, (1st floor), New Delhi — 110002.
(S.A. Ansari)
Under Secretary to the Government of India
CBEC Letter F.No.A-23011/29(ii)/2010-Ad.IIA dated 6th May, 2013 addressed to The Chief Commissioner, Central Excise,(Jaipur Zone), Jaipur (Cadre Controlling Unit) is reproduced below:
Sub:-Clarification on 6th CPC replacement pay to the pre-revised scale of pay of Rs.8000-275-13500 granted on account of financial up-gradation under the ACP Scheme.
Sir,
I am directed to refer to letter 0.No.II-3(4)/JPR/2009/Pt.1/331 dated 20.07.2011 on the subject noted above and to say that vide said letter you have (i) sought clarification whether NFSG granted during 01.01.2006 arid 31.08.2008 would be counted/ offset against the financial upgradation under the MACP and (ii) demanded that NFSG granted during 01.01.2006 and 31.08.2003 should not be counted/ offset for the purpose of ACP as well as MACP.
2. Your letter has been examined in the back ground of the existing instructions on the MACP Scheme and DoPT clarification No.3 dated 09.09.2010 and the following is intimated:
(iii) The first issue raised by the your Commisssionerate is already covered under Para 8.1 of the MACP Scheme, as stated by you, i.e. the NFSG would be counted/ offset under MACP, i.e. for the purpose of grant of financial upgradation after 01.09.2008, NFSG will be counted towards one up-gradation.
(iv) In respect of the second issue, it may be noted that as per pare 5 of the Board's circular of even number dated 20.05.2011, the NFSG has no effect under ACP Scheme (i.e. for the purpose of grant of financial up-gradation under the ACP Scheme upto 31.08.2008) but the demand that NFSG should not offset financial up-gradation under MACP Scheme has not been agreed to by the DoPT, for being against MACP Scheme (pare 8.1 of the Scheme). An order in this respect in OA No. 140/2012 and 144/2012 filed by the All India Association of Central, Excise Gazetted Executive Officers at CAT, Madras Bench, has been issued on 21.02.2013 (copy enclosed), para 6.b of which is referred.
3. You are requested to take necessary action accordingly.
Yours faithfully,
(Sarvjit Singh)
Under Secretary.
N.B- IN MANY PLACES OUR MEMBERS HAVE SURRENDERED THE NFGP BENEFITSTO RETAIN THE 3RD MACP AT GP 6600 IN PB-3. HOWEVER AIACEGEO HAS ALREADY FILED A CAT CASE IN PRINCIPAL BENCH OF CAT FOR THE FOLLOWING:
A. Issue Directions to the Respondents
to quash the offsetting of MACP up-gradation
with the time scale and declare para 8.1 as against the scope of MACPS and also
grant a grade pay of Rs. 6600/- & Rs. 7600/- respectively on IInd &
IIIrd MACP upgradation to the Central Excise Superintendents after completion
of 20 & 30 years of service after joining as Inspector, if not got IInd
& IIIrd promotion.
B. To stay any permanent/provisional recovery in
relation of offsetting of MACP upgradation with the Non functional grade/time
scale.
N.B- IN MANY PLACES OUR MEMBERS HAVE SURRENDERED THE NFGP BENEFITSTO RETAIN THE 3RD MACP AT GP 6600 IN PB-3. HOWEVER AIACEGEO HAS ALREADY FILED A CAT CASE IN PRINCIPAL BENCH OF CAT FOR THE FOLLOWING:
A. Issue Directions to the Respondents to quash the offsetting of MACP up-gradation with the time scale and declare para 8.1 as against the scope of MACPS and also grant a grade pay of Rs. 6600/- & Rs. 7600/- respectively on IInd & IIIrd MACP upgradation to the Central Excise Superintendents after completion of 20 & 30 years of service after joining as Inspector, if not got IInd & IIIrd promotion.
B. To stay any permanent/provisional recovery in
relation of offsetting of MACP upgradation with the Non functional grade/time
scale.