LETTERS TO THE CIVIL
ACCOUNTS AUTHORITIES FROM AICAEA
(RECOGNIZED BY
GOVT. OF INDIA)
Central
Headquarters
Central Office: - Address for
Communication:-
16-A, Akbar Road Hutments, 17/2 – C, P
& T Quarters,
New Delhi:
- 110011
Kali Bari Marg,
New
Delhi-110001
No:
AICAEA/HQ/A-3/2016/691-701 Dated: 02.07.2016
To
Smti. Archana Nigam,
Principal Chief Controller of
Accounts,
Central Board of Excise and Customs,
R.No.105 ‘B’ Wing,
AGCR Building, I.P. Estate,
New Delhi-110002
Subject: -
Alignment of Service Rules with the Sexual Harassment of Women at work place
(prevention, provision and redressal) Act 2013.
Madam,
Our
Branches and Units from various parts of the country have brought it to our
notice that your office vide an OM dated 29.04.2016 has circulated about
constitution of a Committee at your office for Prevention, Prohibition and
Redressal of Sexual Harassment of women working in the offices under your
organization.
After
careful examination of the above mentioned OM, this Association has noted the
following:-
1.
As envisaged in the “SEXUAL HARASSMENT OF WOMEN AT
WORK PLACE (PREVENTION, PROHIBITION AND REDRESSAL) Act 2013, the “Internal
Complaints Committee” shall consist of:-
(a)
A
presiding officer who shall be women employed at a senior level at the work
place from amongst the employees.
Provided
that in case a senior level woman employees is not available, the Presiding
Officer shall be nominated from
other offices or administrative units of the workplace referred to in sub-section (I)
Provided further that in case the other offices or
administrative units of the workplace do not have a senior level woman employee, the
Presiding Officer shall be nominated from any other workplace of the same
employer or other department or organization;
Not less than two Members from amongst employees
preferably committed to the cause of women
or who have had experience in social work or have legal knowledge.
(b)
One member from amongst the non-governmental
organizations or Associations connected to the cause of women or a person familiar with
the issues relating to Sexual Harassment.
But, the three member committee constituted
in your office is headed by a junior level Group-B Officer. The other two
members are also much junior level Group-B Officers.
Further, inspite of existence of a
National level Women Sub-committee of the All India Civil Accounts Employees
Association (which is duly recognized by the Government of India and the CGA),
the Association was neither asked to nominate a women representative from its
women sub-committee nor any of the members of its sub-committee has been
accommodated in the committee constituted.
2.
As per the DOPT OM No:- 11013/2/2014-Estt(A-III)
dated 02.02.2015, the
informations on the existence of the complaints committee on sexual harassment and
changes in its composition, when even necessary, should be made promptly and
adequately publicized.
But your office has totally ignored
this instruction and it did neither post such an important document in the website
of your organization nor endorsed it to:-
a)
The
Controller General of Accounts, Ministry of Finance, Department of Expenditure,
New Delhi who is the head of the Civil Accounts Organization.
b)
The
Secretary, Department of Personnel and Training who is the authority for
issuing instructions and guidelines for dealing the Sexual Harassment cases.
c)
The
All India Civil Accounts Employees Association (and its units/branches) which
is a recognized service Association represented in the (JCM) National Council
and (JCM) Departmental Council of Ministry of Finance.
Therefore, the “Committee for Redressal of
Sexual Harassment” constituted by your office in contravention of the provisions
of the “Sexual Harassment Of Women At Work Place (Prevention, Prohibition And
Redressal) Act 2013 set by the
Government of India and ignoring the higher authorities and agencies concerned being
a illegal Committee, I on behalf of this Association request you to scrap the
committee immediately and reconstitute a fresh committee in terms of the
provisions of the above Act and related
instructions issued by the Government of India and the DOPT on the subject
matter.
I
have also been directed to request you to take appropriate departmental action
against the officials responsible for tarnishing the image of the department
through such irresponsible activities.
Your
early favourable action shall be highly appreciable.
Thanking
you,
Yours Sincerely,
(V. Bhattacharjee)
Secretary General
Member National Council (JCM)
Copy alongwith
the copy of Pr. CCA, CBEC, New Delhi OM dated 29.04.2016 to:-
1.
The
Secretary, DOPT, North Block, New Delhi– 110001.
2.
The
Controller General of Accounts, Ministry of Finance, Department of Expenditure,
Lok Nayak Bhawan, Khan Market, New Delhi-110003.
3.
The
Secretary, Department of Revenue, Ministry of Finance, Government of India,
North Block, New Delhi – 110001.
4.
The
Secretary, Department of Expenditure,
Ministry of Finance, Government of India, North Block, New Delhi –
110001.
5.
The
All National Executive Members, Women-subcommittee Members, Branch Secretaries
and Unit Secretaries of AICAEA.
6.
The
Secretary General, A.I.C.A.E.A., Cat-II, Cochin
7.
The
Secretary General, AIAPAO (Civil), Mumbai.
8.
The
Secretary General, Confederation of CGE&Ws, New Delhi.
9.
The
Secretary, Staff Side, JCM, National Council, New Delhi.
(V. Bhattacharjee)
Secretary General
Member National Council (JCM)
(RECOGNIZED BY
GOVT. OF INDIA)
Central
Headquarters
Central Office: - Address for
Communication:-
16-A, Akbar Road Hutments, 17/2 – C, P
& T Quarters,
New Delhi:
- 110011
Kali Bari Marg,
New Delhi-110001
No: AICAEA/HQ/A-4/2016/702 Dated:
02.07.2016
To,
Shri
D.D.K.T. Dasan,
Asstt.
Controller General of Accounts,
Ministry
of Finance,
Department
of Expenditure,
Lok
Nayak Bhawan, Khan Market,
New
Delhi – 110003
Subject:- Constitution of Departmental
Council in the Department of Expenditure.
Reference:- Your letter endorsement
No:- A-11019/47/2009/MF.CGA (A)/NGE/JCM/109 dated 17.06.2016.
Sir,
With
reference to the above, I would like to invite your kind attention to our
letter endorsement No:- AICAEA/HQ/A-4/2016/368-370 dated 05.04.2016 (copy
enclosed). In the said letter we have requested the Department of Expenditure
to kindly consider following points:-
1.
As per the prescribed Constitution for
the formation of Departmental Council under JCM Scheme, adequate seats are to
be allocated to the staff side and such seats are to be occupied only by the
representatives of recognized Service Associations.
2.
At present All India Civil Accounts
Employees Association is having two seats in the composite Departmental Council
of the Ministry of Finance. Shri V. Bhattacharjee, Secretary General is one of
the members and Shri K. Venkatasubramanian, President had been nominated as the
second member by CGA. (Ref:- CGA letter dated 28.01.2016 and Department of
Expenditure, Ministry of Finance, OM No:- 10(6) E-III (A)/2005 dated
27.01.2016.)
3.
Among the recognized Service
Associations functioning under the Department of Expenditure, the All India
Civil Accounts Employees Association being the largest Association may kindly
be allotted atleast 20 (twenty) staff side seats in the newly constituted
Departmental Council.
We
therefore, request you to kindly forward our above suggestions to the
Department Expenditure from your end which would facilitate formulation of
Departmental Council under Department of Expenditure expeditiously.
This
Association shall be thankful to you for your early favourable action.
Thanking
you,
Enclo:- as stated above
(V.
Bhattacharjee)
Secretary
General
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