Customs and Excise officers likely to get arrest powers

New Delhi, February 25, 2013(Agencies): 

A consensus has been reached to restore the power of arrest in specific offences under the Customs and Central Excise Act.

According to sources, the proposal was cleared at a meeting by  finance minister P Chidambaram recently and the amendments are expected to be announced during the ongoing Budget Session.

According to an official, the Central Board of Excise and Customs(CBEC) wants amendments in order to make specific offences such as smuggling of prohibited goods, wrong declaration and duty evasion over a particular threshold cognisable and non-bailable offences.

The move has reportedly been prompted by requests made by the Directorate of Revenue Intelligence and Directorate of Central Excise Intelligence, which investigate violations under the Customs Act and the Central Excise Act.

Besides these two agencies, officials have been complaining to the CBEC that offenders do not cooperate with the investigation due to lack of legal deterrence. This, the CBEC claims, is a major hurdle in timely completion of investigation and recovery of revenue.

A Supreme Court Bench, then headed by present Chief Justice of India Altamas Kabir, had in September 2011 made all offences under the Customs Act bailable. In Budget 2012, the government through anamendment restored the status quo in offences inviting more than three years in jail, making them non-bailable.

The Opposition had criticised the move, with Leader of Opposition in the Rajya Sabha Arun Jaitley comparing it to an anti-terror law. The government had subsequently dropped the amendments.

“You don’t need a hammer to kill a fly… a provision of this kind which you said should not even apply to terrorists, you are saying now in custom offences they will apply,” Jaitley had said in the Rajya Sabha.

The fresh proposal is similar to the earlier proposed amendments in the Finance Bill, except this time the offences will be limited to those the CBEC believes pose threat to national security and economic stability of the country.

So, if a person is arrested for a serious Customs offence under the proposed law, he will not be eligible for bail until a public prosecutor is allowed to present his case, which could mean a longer wait.

In the new proposal, the board has narrowed down the focus to prohibited items such as banned pesticides and evasion of high magnitude.The threshold in case of duty evasion is to be decided by the top echelons of the Finance Ministry.The CBEC is also planning to move a complaint in the Supreme Court, armed with a Law Ministry opinion and forensic evidence, to have a re-look at the case, said a member.

It has been found that the affidavit of the applicants in the September 2011 Supreme Court judgment that struck down the power to arrest was forged.

source;-http://tkbsen.in/2013/02/customs-and-excise-officers-likely-to-get-arrest-powers/

DRAFT RESIGNATION LETTER circulated by the AIACEGEO

DRAFT RESIGNATION LETTER

Dt. 30.04.13

To,

The Cadre Controlling Authority,
Commissionerate.

Subject:- 3 months notice for resignation under protest.

Sir/Madam,

Kindly refer to the Ref. No. 93/A/12 Dt. 31.12.12 of the All India Association of Central Excise Gazetted Executive Officers addressed to the Hon’ble Finance Minister of India.

2. It is submitted with due regards that our members are retiring in PB2 after getting only one promotion in their service career while other counterparts of ours are retiring in PB4 after getting 5-6 promotions. Our members are deprived of the appropriate pay scale/pay band & grade pay. They are facing the worst career prospects and working conditions. They are getting promotion (if any) merely to Junior Time Scale while other counterparts of CPWD, CSS etc. are getting to Senior Time Scale. The employee grievance redressal mechanism has totally failed. The members are forced to work under the extreme juniors of Customs belonging to the same cadre. The members are totally demoralised and have nothing to be job-satisfied or motivated. If career prospects were disclosed in the recruitment advertisement, I would have never joined this job. The rights to grow, make progress and live with dignity have been snatched from us. 

3. In view of the above; I am forced to submit this 3 months notice to your goodself under protest with the request to accept my resignation from the job on 31.07.13, if all of our grievances are not redressed within 3 months.

Thanking you,
 

Yours faithfully,

(__________________ ),

Superintendent of Central Excise,

Commissionerate.

All India Protest by Central Excise Superintendents

“All India Protest by Central Excise Superintendents”

1) Only work to rule for revenue collection & budget work.

2) Boycott of Excise day function.

3) Black badges from 25.2.13 to 1.3.13.

4) Lunch hour protest on 1.3.13.

5) Mass resignations on 30.4.13.

DEMANDS

1. Immediate implementation of cadre restructuring without any cut & fulfilment of commitments made during the presentation of 18.01.11.

2. Parity with other counterparts to retire our officers in PB-4 & at least four functional promotions.

3. Immediate implementation of Supreme Court verdict by framing “just, fair & equitable” RR’s & abiding all ad hoc promotions with new RR’s.

4. Grade pay of Rs. 5,400/- (PB-3) to Superintendents & promotion directly to STS post.

5. At least a grade pay of Rs. 7,600/- on IIIrd MACP upgradation & finalisation of in-situ promotion scheme.

6. Revival of employee grievance redressal mechanism.

-BY-
AIACEGEO (Superintendents Association).

CHECK LISTS FOR GENERAL MEMBERS FOR AGITATIONS TO BE CONDUCTED BY ALL SUPERINTENDENTS OF CENTRAL EXCISE THROUGH OUT INDIA.

1. Has your local Association served the notice to local authority intimating that agitations to be conducted by all Superintendents posted starting from Ranges to CC office and all deputationists duly enclosing the copy letter of SG served upon FM on dated 31.12.12 ?

2. Have the leaders of your local Association called a co ordination meeting amongst all the leaders of other local Associations of CBEC and convinced them to join agitation with all Superintendents ?

3. Have the leaders of your local Association organized preparatory general body meeting and apprised all general members to join in agitations?

4. Have the leaders of your local Association conducted door to door canvasing of members posted in isolated areas and deputationists to join in agitations?

5. Have the leaders of your local Association issued circulars/ letters to all members to join in agitations?

6. Have the leaders of your local association made poster campaigns about agitations?

7. Have the leaders of your local Association made press release to medias ( both printing and electronic) for wide publications about agitations and charter of demands?

Lokanath Mishra

President, AIACEGEO.

Boycott of Central Excise Day Celebrations dated 24.02.2013 by the members of All India Central Excise Inspectors Association also

AICEIA, in consultation with  sister Associations representing other cadres in Central Excise, has decided to boycott the Central Excise Day Celebrations. This has been communicated to the CBEC. Similar letters are being served by all Circle/Branch Secretaries of AICEIA to respective Chief Commissioners/ Commissioners. Text of the letter is reproduced below:

All India Central Excise Inspectors' Association

F. No.AICEIA/CBEC/Agitation/ 2013                            Bhilai, dtd.07.02.2013  

To

The Chairperson

Central Board of Excise & Customs

North Block

New Delhi -110 001

 Sub-  Central Excise Day 2013 Celebrations-Boycott  by this Association

Madam,

We regret to inform you that in view of the continuing apathy  and indifference of the CBEC and the Government of India to the appallingly poor career prospects available to Inspectors of Central Excise including abject stagnation being faced by them for decades , very wide  disparities in promotions within and among the three cadres of Inspectors of Central Excise/ Preventive Officers of Customs/Examiners of Customs to the Gazetted Gr B posts and further to the Gr A, and several other major grievances ventilated by this Association from time to time, we find no reason to join in the Central Excise Day celebrations planned by the Department for 24.02.2013.

Accordingly it is informed that all members of this Association will be boycotting all official functions and celebrations in connection with the Central  Excise Day coming up later this month.

                                                                      Yours faithfully,

                                                  

                                                                     (Ajit Kumar K G)

                                                                 Secretary General

source http://aiceia.blogspot.in/2013/02/boycott-of-central-excise-day.html