" IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE ARE ALSO MEMBERS OF AIACEGEO. THIS IS THE ONLY ASSOCIATION FOR SUPERINTENDENTS OF CENTRAL EXCISE AND IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE THROUGH OUT THE COUNTRY . President Mr.T.Dass and SG Mr. Harpal Singh.

Thursday 25 July 2013

AIACEGEO--REPRESENTATION AS PER JUDGEMENT OF APEX COURT DATED 11.07.13



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ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                    Secretary General:
Lokanath Mishra                        240, Razapur, Ghaziabad-201001 (U.P.)                                           Ravi Malik
Mob. 09437314941                      mail Id: ravimalik_sweet@yahoo.com                             Mob. 09868816290
Vice Presidents: Sampat Rai, Vatan Kamble (Central); Anurag Chaudhary, Ravi Joshi (North); A. Ravinder Singh, Rajan G. George (South); A. S. Roy, Shubhrangshu Deb (East); P. D. Nimhan, S. K. Jha (West)
Joint Secretaries: Anand Kishore, Laxmi Lal Singhvi (Central); N. N. Lal, R. K. Solanki (North); G. Srinath, S. Chandrasekar (South); Ashwini Majhi, V. N. Jha (East); G. K. Jhala, M. K. Misra (West)
Office Secretary: C.S.Sharma (Mob. 09313885411)             Treasurer: N.R.Manda (Mob. 09871483585)
(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. 211/SC/13                                                                                       Dt. 25.07.13
To,
Ms. Praveen Mahajan,
Chairperson, CBEC,
North Block, New Delhi.
Subject: Recruitment Rules as per the verdict given by the Hon’ble Supreme Court on 03.08.11 in C.W.P. No. 385/10 & C.A. No. 1198/05.
Madam,
            Kindly refer to the judgement Dt. 11.07.13 of the Hon’ble Supreme Court in the IA’s No. 4/2013 and 5/2013 in W. P. (C) No. 385/10 as well as IA No. 1/2013 in Civil Appeal No. 1198/2005 and also the following representations alongwith all the enclosures of the Association made to CBEC-
i) Ref. No. 144 /11 Dt. 19.08.11,
ii) Ref. No. 161 /11 Dt. 08.09.11,
iii) Ref. No. 164 /11 Dt. 13.09.11,
iv) Ref. No. 168/11 Dt. 15.09.11,
v) Ref. No. 169/11 Dt. 15.09.11,
vi) Ref. No. 170/11 Dt. 19.09.11,
vii) Ref. No. 181/11 Dt. 20.10.11,
viii) Ref. No. 182/11Dt. 20.10.11,
ix) Ref. No. 186/11 Dt.24.10.11,
x) Ref. No. 188/11 Dt.24.10.11,
xi) Ref. No. 189/11 Dt.24.10.11,
xii) Ref. No. 208/11 Dt.22.11.11,
xiii) Ref. No. 224/11 Dt. 27.12.11,
xiv) Ref. No. 42/12 Dt. 17.04.12,
xv) Ref. No. 69/12 Dt. 24.05.12,
xvi) Ref. No. 88/12 Dt. 14.06.12,
xvii) Ref. No. 100/12 Dt. 02.07.12,
xviii) Ref. No. 04/SC/12 Dt. 30.07.12,
xix) Ref. No. 42/SC/12 Dt. 25.09.12,
xx) Ref. No. 45/M/12 Dt. 26.09.12,
xxi) Ref. No. 51/meet/12 Dt. 08.10.12
xxii) Ref. No. 54/SC/12 Dt. 18.10.12,
xxiii) Ref. No. 123/M/13 Dt. 23.05.13
xxiv) Ref. No. 158/M/13 Dt. 12.06.13etc. etc. and
xxv) all the earlier, contemporary and in-between representations relating to stagnation.     
2. It is submitted with due regards that the Recruitment Rules framed by the CBEC on 13.09.12 based on the Board meeting of 16.09.11 are totally unjustifiable, unfair & inequitable and also unacceptable to the Association. The said Recruitment Rules will never be able to grant the “just & fair representation” in group ‘A’ to the officers belonging to the Central Excise stream. These are also not in consonance of the affidavit of the CBEC filed in the court to frame the “equitable & just” rules. Nothing has been done for Central Excise officers in this regard despite of the repeated requests of the Association through various representations sent on regular intervals. They shall still be forced to work under their juniors of Customs belonging to the same cadre which is against all the rules, norms & principles of law as well as natural justice. The “inequality among equals” shall continue by the newly

framed Recruitment Rules and the Central Excise officers also shall continue to be discriminated like in the past.  “Just & fair representation” is only possible when the number of the Central Excise officers entered into group ‘A’ at each level in proportion of their numerical strength. At present, we have only a ratio of 5:4 between promotee group ‘A’ entry level officers belonging to Central Excise stream and Customs stream which is tilted very extraordinarily in the favour of Customs stream. The situation is even worse at higher levels. At each promotee group ‘A’ level, the percentage of the Customs stream officers is always more than 45% in comparison of their strength being merely 10% at group ‘B’ executive level. The Appraisers are merely less than 1.5% while the Examiners are only less than 1% of total group ‘B’ executive officers.     
3. Your goodself knows very well that Central Excise executive officers are retiring merely in PB2 while their common entry counterparts are reaching PB4 easily. Central Excise executive officers are even forced to work under their juniors of Customs recruited in the same cadre on account of the faulty & discriminatory Recruitment Rules. No DOPT provision says that a senior relating to same cadre should work under a junior. This was the reason that the C.W.P. No. 385/10 was filed in the Apex Court and things were further made clear through written submissions. These written submissions were also enclosed with the representation sought by the CBEC on the issue. The Apex Court directed the government to frame the Recruitment Rules based on the representations made (including earlier/past representations) but, very unfortunately, no consideration was given to the representations of the Association. It was expected that the injustice would be undone by framing the Recruitment Rules in the manner of not forcing a senior to work under his/her natural junior following the scheme as disclosed by the CBEC during the course of the presentation of the cadre restructuring made on 18.01.11 saying that a proposal is already under examination to bring the Inspectors, PO’s and Examiners of same year at par in the matter of promotions. 
4. The Inspectors, PO’s & Examiners enter the job as Inspector in the same cadre (Inspector only) subdivided by CBEC into three categories without any justification. All of them are mentioned as Inspector in the Recruitment Rules. As far as Customs work is concerned, our Inspector of Central Excise is mentioned as the Inspector of Central Excise & Land Customs in the Recruitment Rules. It clearly stipulates that he/she is recruited to perform the duties of Customs also and he/she has already been performing the same not only throughout the Land Customs but also on airports, border areas, coastal areas etc. (including a lot of Excise related Customs work) looking after the bulk work of Customs (many times more than PO’s & Examiners). The same is the position at group ‘B’ gazetted level as our Superintendent of Central Excise is also to look equally after the work of Customs including appraisement and already has been looking after the bulk work of Customs like Inspector. All of 3 streams are merged at group ‘A’ entry level substantiating again that all of 3 belong to one & the same cadre at group ‘B’ non-gazetted as well as gazetted level. But very disappointingly, our officers joining the job as Inspector of Central Excise are placed decades behind the officers joining the job as Examiner/Appraiser and also PO upto good extent due to the faulty & discriminatory Recruitment Rules resulting into discriminatory promotional avenues for Central Excise stream. These discriminatory promotional avenues have already been very well admitted by the CBEC on various occasions but no remedial steps have been taken to undo this discrimination till date. This discrimination can only be undone by framing of the Recruitment Rules to ascertain parity in promotions with common entry counterparts.  
5. The discrimination/disparity was duly recognized and reflected by CBEC in the minutes of Board meeting of 12.01.11 and 18.02.11 also directing its HRD wing to formulate the device to undo the prolonged injustice. As a result, it was expected that the common entry counterparts would be brought at par in the matter of promotions and no senior would be forced to work under any junior. But nothing has been done till date. Even the ratio of 13:2:1 worked out by CBEC is absolutely incorrect and not in consonance of the DOPT guidelines.    
 6. However as per DOPT guidelines under Para 2.2.2 of DOPT OM No. 20011/1/2008-Estt(D) dt. 11.11.10, the fixation of ratio is not mandated in the case of small number of promotional posts as merely 1% in our case is not only smaller even than small but it is the smallest. In the minutes of the Board meeting held on 12.01.11 also, it was said that the mere change in the existing ratio would be insufficient to address the situation. It may also be seen under section 18(2)(a) of the original Indian Customs & Central Excise Service Group ‘A’ Rules, 1987 that the vacancies to be filled by promotion


should be filled in accordance with the common seniority list of the three  group ‘B’ categories of the officers instead of any ratio formula. It is reiterated that any ratio formula is never able to grant “just &
fair representation” because a category (Customs) ahead of other (Central Excise) will always remain ahead even if a single post/vacancy even out of thousands or lacs is given to it.   
7. The Recruitment Rules may kindly be framed without trifurcating the cadre at Inspector and Group ‘B’ gazetted level by prescribing the qualifying service based on the OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09 of DOPT (not being followed by CBEC) which clearly stipulates the promotion of the officer completing 12, 17 & 20 years of service to the grade of JC, ADC & Commissioner respectively after joining the job as Inspector. The validity of this OM was also admitted by the CBEC during the presentation on cadre restructuring proposal on 18.01.11 but they showed their inability to implement the same due to the want of required number of vacancies. But the problem of the want of the required number of vacancies may be overcome by adopting the measures like notional promotions, creation of supernumerary posts or even in-situ promotions as last option. Thus, the Recruitment Rules should be framed prescribing the qualifying services as below on the lines of above referred OM Dt. 24.03.09 of DOPT -
(i) 2 years for promotion to a post with a grade pay of Rs. 4,800/- after joining as Inspector.
(ii) 7 years for promotion to a post with a grade pay of Rs. 6,600/- after joining as Inspector (There is no justification of promoting an officer from a grade pay of Rs. 5,400/- to 5,400/-. It is also submit-worthy that the most of the group ‘B’ gazetted officers including CSS are being promoted to a senior group ‘A’ post instead of junior group ‘A’ in Central as well as State governments.).
(iii) 12 years for promotion to a post with a grade pay of Rs. 7,600/- after joining as Inspector.
(iv) 17 years for promotion to a post with a grade pay of Rs. 8,700/- after joining as Inspector.
(v) 20 years for promotion to a post with a grade pay of Rs. 10,000/- after joining as Inspector.
(vi) and so on.
8. Keeping in view the extraordinarily acute stagnation of the Central Excise executive officers, there should kindly be incorporated the permanent provisions in the Recruitment Rules framed on the above lines at every level in addition to the above qualifying services to promote (even in-situ or otherwise) the officer automatically to the next higher grade, if his/her stagnation in a grade reaches one & half times of qualifying service. This will also remove the regional/zonal disparities being faced by the officers. The draft on Recruitment Rules is enclosed herewith.
9. It is also worth to mention that all of the ad hoc promotions made to the post of Asstt. Commissioner till date are to be regularised as per the directions of the Hon’ble Supreme Court. The last date granted by the Hon’ble Supreme Court for this work has already expired but nothing has been done. No regular DPC was ever conducted for these ad hoc promotions. These ad hoc promotions were also not made by following any rule. Therefore, the DPC to regularise the ad hoc promotions is required to be conducted as per the Recruitment Rules in force on the date of DPC to be held and also the provisions of extended panel are to be applied to the DPC.
10. In view of the above, it is once again requested that-
i) the Recruitment Rules may kindly be framed on the basis of the representations submitted by the Association for the sake of “equity, justice & fairness” undoing the injustice, discrimination & humiliation being faced by Central Excise executive officers for decades (draft enclosed).
ii) the duly substantive speaking orders may also kindly be passed on merit considering all the issues raised in all of the representations of the Association.
iii) the DPC to regularise all ad hoc promotions made to the post of Asstt. Commissioner may also kindly be conducted as per the Recruitment Rules in force on the date of DPC duly applying the provisions of extended panel too.
Thanking you,
Yours faithfully,

Encl: As above (draft Recruitment Rules)
 (RAVI MALIK),
Secretary General.


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 DRAFT RECRUITMENT RULES 


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Ministry of Finance, Department of Revenue

NOTIFICATION

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New Delhi, the     , 2013

G.S.R.  (E).— In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules, namely

1.                  Short title and commencement.-(1) These rules may be called the Central Excise, Customs and Service Tax Service Rules, 2013.
(2) These will come into force on the date of their publication in the Official Gazette.
2.                  Definitions— In these rules, unless the context otherwise requires.-
(a) "appointing authority" in relation to any grade means the authority empowered under the Central Civil Services (Classification, Control and Appeal) Rules, 1965 to make appointments to that grade;
(b) "appointed day" means the date on which these rules come into force;
(c) "approved service" in relation to any grade means;
(i)                                in respect of an officer recruited directly to that grade, period or periods of regular service rendered in that grade, including period or periods of absence during which he would have held a post on regular basis in that grade but for his being on leave or otherwise not being available to hold such post, from the first day of July of the year, following the year in which the examination for direct recruitment was held;
 (ii) in respect of an officer recruited to that grade on the basis of length of service in the lower grade, period or periods of regular service rendered in that grade, including period or periods of absence during which he would have held a post on regular basis in that grade but for his being on leave or otherwise not being available to hold such post, from the first day of July of the year for which the recruitment was made:
Provided that where there is delay of more than ninety days in joining on appointment, in any of the cases mentioned in the sub clauses (i) and (ii) above, such delay should not be due to any fault on the part of the officer;
(d)       "authorised strength" in relation to any grade of the Service means the strength of duty posts in that grade, as specified in rule 5, against which regular appointments may be made;
(e)       "cadre' means the group of posts in the grades of Commissioner or above, Addl. Commissioner (Grade-III- NFSG of Junior Administrative Grade), Joint Commissioner (Grade-IV- Junior Administrative Grade), Deputy Commissioner (Grade-V-Senior Time Scale), Superintendent and Inspector of Central Excise, Customs and Service Tax in any of the Central Excise, Customs and Service Tax Zone specified in column (2) of the First Schedule and in all the Offices specified against such Zone in column (3) of that Schedule;
"Cadre-unit" means the Central Excise, Customs and Service Tax Zone as specified in column (2) of the First and Second Schedule;
(g)     "Cadre Controlling Authority" in relation to officers appointed to any grade of Central Excise, Customs and Service Tax means the Central Board of Excise and Customs (CBEC) in the Department of Revenue under the Ministry of Finance;
(h)     "cadre officer" in relation to any grade means a member of the Central Excise, Customs and Service Tax Service;
(i)      "Commission" means the Staff Selection Commission;
(j)      "Common seniority list" in relation to any grade means the seniority list of officers of that grade serving in all the cadre units specified in the First Schedule as on the appointed day and revised annually in accordance with the regulations issued by the CBEC as per the guidelines issued by the Department of Personnel and Training (DOPT).
(k) "direct recruit" means a person recruited on the basis of a competitive examination through the Staff Selection Commission;
(1) "duty post" in relation to any Grade of the service means a Cadre post held by officers of the service on a substantive basis in any post specified in the second Schedule;
(m)  "grade" means any of the grades specified in Rule 3.
(n)     "prescribed" means prescribed by the rules made by the Central Government under these rules;
(o)  "permanent officer" means a person who has been confirmed in Service;
(p)  “probationer" means an officer directly recruited to the Inspector grade;
(q)  "range of seniority" in relation to any grade means the zone of consideration in the common seniority list for that grade specified by the Central Board of Excise and Customs in the Department of Revenue under the Ministry of Finance for holding of meeting of Departmental Promotion Committee (DPC) for promotion and preparation of Select List in accordance with the guidelines issued by the Department of Personnel and Training (Ministry of Personnel, Public Grievances and Pensions).
(r)   “regular officer" in relation to any grade means a person who has been appointed against a regular vacancy either through direct recruitment or through promotion from Select List and who has completed the period of probation (in the case of direct recruit) under rule 13 to the satisfaction of the appointing authority;
(s)    "regular vacancies" in relation to a grade includes vacancies arising out of death, retirement, promotion, resignation, deputation or transfer or long leave of incumbents;
(t)     "Schedule" means a Schedule to these rules;
(u)    "Select List" in relation to the Commissioner & above, Addl. Commissioner (Grade III), Joint Commissioner (Grade IV), Deputy Commissioner (Grade-V), Superintendent and Inspector means the Select List or Panel prepared in accordance with the guidelines issued by the DOPT to be followed by the DPC for promotion to that grade.
(v)    "Service" means the Central Excise, Customs and Service Tax Service;
3.                                                          Composition of the Service.- (1) There shall be six Grades in the
Service which are classified into two groups as given below:‑
S.No.
Group of
post/grade
Grade
Classification .
(1)
(2)
(3)
(4)
1
A
Above
Central Civil Service Group A
Executive
2
A
Commissioner
Central Civil Service Group A
Executive
       3
A
Additional Commissioner (Grade-III- NFSG of Junior Administrative Grade)
Central Civil Service Group A
Executive
4
A
Joint Commissioner (Grade-IV- Junior Administrative Grade)
Central Civil Service Group A
Executive
5
A
Deputy Commissioner (Grade-V-Senior Time Scale)
Central Civil Service Group A
Executive
6
A
Superintendent
Central Civil Service Group A
Executive (the counterparts of our Inspectors are promoted to group A in IB, CBI etc. and also Hindi/official language wing of CBEC)
7
B
Inspector
Central Civil Service Group B
Executive
(2) The posts in the Commissioner & above, Additional Commissioner, Joint Commissioner, Deputy Commissioner and Superintendent Grade will be gazetted post and those in the Inspector Grade will be non-gazetted post.
4.                .                Combined Gradation List of Officers of the Central Excise, Customs and Service Tax Service. – (1) There shall be a single combined gradation list called Common Seniority List for each grade of the Service specified in rule 3.
(2) The Common Seniority List for each grade of the Service shall be prepared as on 1st January of every year.
5. The authorized cadre strength of the Service.- (1) The authorized strength of various Grades of the Service shall be as specified in Table below:-
Table (on the basis of CR proposal in 2010-11, CSS cadre strength & DOPT OM No. AB. 14017/48/2010-Estt (RR) dated 31.12.2010) (subject to change as per cadre restructuring after every 5 years particularly in r/o stagnation)
S.No.
Name of the Grade
Sanctioned strength
Existing/ Proposed
(1)
(2)
(3)
1
Above
1/3rd of 725
2
Commissioner
725(1/3rd of 2173)
3
Additional Commissioner (Grade-III- NFSG of Junior Administrative Grade)
2173 (in proportion of DS to Director in CSS)
4
Joint Commissioner (Grade-IV- Junior Administrative Grade)
3358 (1/3rd of 10073)
5
Deputy Commissioner (Grade-V-Senior Time Scale)
Existing 775 (being 50% of AC and DC posts)+new 9298. Total (10073) in proportion of SO to US in CSS  
6
Superintendent
21585(proposed originally by CBEC as in 2010-11))
7
Inspector
31104 (proposed originally by CBEC as in 2010-11))
TOTAL
69260
        Notes: i) Total posts in the grade of Asstt/Deputy Commissioners are 1550 and so 50% for promotion comes to 775 only.
                  ii) Posts in the corresponding grades under CSS Rules of Assistants grade, SO, US (Grade-I), Dy. Secretary, Director and even higher grade of Joint Secretary are 4904, 3000, 1400, 340, 220 (raised from 110 on CR in July 2010) and 40 (in-situ basis on CR in July 2010) respectively
(2) There shall be a Deputation Reserve of twenty percent, Leave Reserve of three percent and Training Reserve of one percent of the sanctioned strength of officers of Grade of Deputy Commissioner and above.
(3)        The percentage of posts referred to under sub-rule (2) of this rule shall be in addition to the sanctioned strength indicated under column (3) of the Table referred to in sub-rule (1) in respect of posts mentioned against serial number 1 to 5.
(4)      The existing posts of Asstt./ Deputy Commissioner (Group-A JTS/STS) already filled by promotion under IC&CE Service Rules,1987 shall be reduced from the above strength and be not filled under these rules till these posts are vacated by the incumbents.
(5)     The posts in the grade of Joint Commissioner to Commissioner and above shall be included in the strength of Deputy Commissioner till such time the eligible persons for promotion are not available under these rules.
(6)The rules will be implemented first bringing parity in promotions for common entry counterparts of CBEC, i.e., Inspectors, PO’s & Examiners.
6.       The cadre unit-wise distribution of posts of different grades of the Central Excise, Customs and Service Tax Service cadre mentioned in rule 5 above is given in the Second Schedule.
7.     Initial Constitution of a Cadre unit.- The regular officers for all grades of the Service on the day on which a cadre-unit is initially constituted shall be determined by the Central Government.
8.    Posting of cadre officers.-  Every cadre officer shall, unless he is on leave or otherwise not available for holding a duty post, be posted against a duty post of the appropriate Grade in the cadre unit.
9.           Duty posts to be held by cadre officers.- Every duty post in the Service shall be held by a cadre officer of appropriate grade.
10.       Confirmation.-  Confirmations of all Central Excise, Customs and Service Tax Service officers shall be made only once at the entry level into the Service.
11. Recruitment to      Commissioner & above, Senior Selection Grade, Selection Grade and Grade I.‑
(1)        Regular vacancies in the Grade above the Commissioner shall be filled by promotion of regular officers of Commissioner Grade who have rendered not less than twenty three years approved service after joining in Inspector Grade and are included in the Select List or Panel for the said Grade prepared and published annually as per the procedure prescribed by the DOPT for holding of DPC meeting for such promotion. The officer will be promoted to above the Commissioner grade on in-situ basis as and when he/she completes thirty four & half years of service after joining in Inspector Grade, if he/she is not promoted to above the Commissioner Grade within qualifying service.
(2)        Regular vacancies in the Commissioner Grade shall be filled by promotion of regular officers of Addl. Commissioner Grade who have rendered not less than twenty years approved service after joining in Inspector Grade and are included in the Select List or Panel for the said Grade prepared and published annually as per the procedure prescribed by the DOPT for holding of DPC meeting for such promotion. The officer will be promoted to the Commissioner grade on in-situ basis as and when he/she completes thirty years of service after joining in Inspector Grade, if he/she is not promoted to the Commissioner Grade within qualifying service. The officer further will automatically be granted the Chief Commissioner scale after thirty four & half years of service.
(3)        Regular vacancies in the Additional Commissioner (Grade-III- NFSG of Junior Administrative Grade) Grade shall be filled by promotion of regular officers of Joint Commissioner Grade who have rendered not less than seventeen years of approved service after joining in Inspector Grade and are included in the Select List or Panel for the said Grade prepared and published annually as per the procedure prescribed by the DOPT for holding of DPC meeting for such promotion. The officer will be promoted to the Addl. Commissioner grade on in-situ basis as and when he/she completes twenty five & half years of service after joining in Inspector Grade, if he/she is not promoted to the Addl. Commissioner Grade within qualifying service.
(4)        Regular vacancies in the Joint Commissioner (Grade-IV- Junior Administrative Grade) Grade shall be filled by promotion of regular officers of Deputy Commissioner Grade who have rendered not less than twelve years approved service after joining in Inspector Grade and are included in the Select List or Panel for the said Grade prepared and published annually as per the procedure prescribed by the DOPT for holding of DPC meeting for such promotion. The officer will be promoted to the Joint Commissioner grade on in-situ basis as and when he/she completes eighteen years of service after joining in Inspector Grade, if he/she is not promoted to the Joint Commissioner Grade within qualifying service.
(5)        Regular vacancies in Deputy Commissioner (Grade-V-Senior Time Scale) Grade shall be filled by promotion of regular officers of the Superintendent Grade who have rendered not less than seven years approved service after joining in Inspector Grade and are included in the Select List or Panel for the said Grade of the Service prepared and published annually as per the procedure prescribed by the DOPT for holding of DPC meeting for such promotion. The officer will be promoted to the Deputy Commissioner grade on in-situ basis as and when he/she completes ten & half years of service after joining in Inspector Grade, if he/she is not promoted to the Deputy Commissioner Grade within qualifying service.
(6)              Regular vacancies in Superintendent Grade shall be filled by promotion of regular officers of the Inspector Grade who have rendered not less than two years approved service after joining in Inspector Grade and are included in the Select List or Panel for the Superintendent Grade prepared and published annually as per the procedure prescribed by the DOPT for holding of DPC meeting for such promotion.
12. Recruitment to the Inspector Grade. –
(a) Sixty seven per cent of the regular vacancies in the Inspector Grade in the cadre shall be filled by direct recruitment of graduates as may be notified by the Central Board of Excise and Customs on the basis of results of a Competitive Examination held by the Staff Selection Commission once in a year for this purpose. The remaining thirty three percent vacancies shall be filled by promotion on the basis of seniority from Senior Tax Assistants of the respective Cadre units.
(b) The appointments of the persons whose names have been included in the Select List shall be made in the order of seniority in that Select List. For the purpose of this rule a Select List or panel for the Inspector Grade shall be prepared and published annually as per the procedure prescribed by the DOPT for holding of DPC meeting for such promotion.
13. Probation.- (1) Every officer directly recruited to the Inspector Grade shall initially be appointed on probation, the period of probation being two years from the date of appointment.
(2)             The period of probation specified in sub-rules (1) may, if the appointing authority deems fit, be extended in any case, but the total period of extension of probation shall not, save where it is necessary by reason of any departmental or legal proceedings pending against the officer, exceed one year.
(3)             During probation, a member of the Service may be required to undergo such training and to qualify such tests as the Central Board of Excise and Customs may prescribe from time to time.
14. Confirmation of probationers.- Until a probationer appointed to Inspector Grade of the Service has completed his probation in a manner to be determined by Regulations to the satisfaction of the appointing authority, he shall not be eligible for confirmation in Service. An officer shall continue to be on probation till he is confirmed under this rule or is discharged or reverted under rule 15. He/she will automatically be confirmed as soon as he/she completes the probation period.
15. Discharge or reversion of probationers.- (1) A probationer who has no lien on any post under the Central Government or any State Government shall be liable to be discharged from the Service at any time if on the basis of his performance or conduct during probation, he is considered unfit for further retention in the Service.
(2) A probationer who holds a lien on a post under the Central Government or any State Government may be reverted to such post at any time for the reasons specified in sub-rule (1).
(3)              A probationer who is not considered suitable for confirmation at the end of the period of probation specified in sub-rule (1) of rule 13 or at the end of the extended period of probation, if any, under sub-rule (3) of that rule, shall be discharged or reverted in accordance with sub-rule (1) or sub-rule (2), as the case may be.
(4)              A member of the Service on probation in Inspector Grade who is not considered suitable for continuance in that Grade during or at the end of the period of probation specified in sub-rule (2) of rule 13 or the extended period, if any, under sub-rule (3) of that rule, shall be reverted to the next lower grade of the Service or to the concerned grade of the Ministerial Service of the Department, as the case may be, from which he was appointed on probation to the grade of the Service.
16.       Seniority.- (1) The relative seniority of members of the Service appointed to any Grade before the appointed day shall be regulated by their relative seniority as determined before the said date:
Provided that, if the seniority of any such officer had not been specifically
determined before the said date, it shall be as determined by the Central Board of Excise and Customs as per the guidelines issued by the DOPT.
(2) The seniority of persons appointed to any Grade after the appointed day shall be determined as follows, namely: -
I.                    Commissioner & above, Additional Commissioner, Joint Commissioner, Deputy Commissioner and Superintendent Grade.‑
The inter-se seniority of officers appointed to the Grade after the appointed day shall be regulated by the order in which their names are included in the Select List for the Grade:
II.               Inspector’s Grade.-
(i) Regular Officers
(a) Direct recruits shall be ranked inter-se in the order of merit reckoned on the basis of final ranking obtained in the examination conducted by the Staff
Selection Commission, the recruits of an earlier examination being ranked senior to those of a later examination:
(b)  Persons appointed regularly to a Grade from the Select List for the Grade shall be ranked inter-se according to the order in which they are so appointed;
(c)  The relative seniority of direct recruits to a Grade and persons regularly appointed to the Grade from the Select List for the Grade shall be regulated in accordance with the provisions of Regulations made in this behalf by the CBEC as per the guidelines issued by the Department of Personnel and Training.
17.  Pay.- The scales of pay attached to the various Grades of the Service shall be as follows: -
S.No.
Name of the Grade
Scale of Pay
(1)
(2)
(3)
1
Above Commissioner
Rs 37400-67000 (PB-4)+Rs 12000 (Grade Pay)
2
Commissioner
Rs 37400-67000 (PB-4)+Rs 10000 (Grade Pay)
3
Additional Commissioner (Grade-III- NFSG of Junior Administrative Grade)
Rs 37400-67000 (PB-4)+Rs 8700 (Grade Pay)
4
Joint Commissioner (Grade-IV- Junior Administrative Grade)
Rs 15600-39100 (PB-3) + Rs 7600 (Grade Pay)

5
Deputy Commissioner (Grade-V-Senior Time Scale)
Rs 15600-39100 (PB-3) + Rs 6600 (Grade Pay)
6
Superintendent
Rs 15600-39100 (PB-3) + Rs 5400 (Grade Pay) (our counterparts of CB, IB etc. have already been placed in this scale)

7
Inspector
Rs 9300-34800 (PB-2) + Rs 4600 (Grade Pay)
Note: The non-functional pay scale of Rs 15600-39100 (PB-3) +Rs6600 (Grade Pay) is admissible to the Superintendent grade of the Service on completion of 4 years of approved service in that grade. The Superintendents, who are granted this non-functional pay scale will continue to remain in Superintendent cadre and their eligibility for promotion to the Deputy Commissioner Grade of the Service will be reckoned on the basis of total period, spent in both the scales of Superintendent, counted together.
18. Regulation of Pay.- (1) The pay and increments of officers of the various
Grades shall be regulated in accordance with the Rules relating to pay of Central Civil Services.
19. Inter-cadre transfers.-- The Central Board of Excise and Customs shall be the competent authority to transfer a cadre officer of any Grade from one cadre unit to another in accordance with the guidelines framed in this regard.
20.   Constitution of new cadre units.- (1) The CBEC shall be the competent authority to amend, modify, merge and create additional cadre units as given in the First Schedule.
(2) The authorised strength and the regular officers in each Grade in any new cadre unit initially constituted under sub-rule (1) shall be as determined by the CBEC.
(3) After a new cadre unit has been constituted under sub-rule (1) and its initial constitution determined under sub-rule (2), all the other provisions of these rules shall apply to such cadre unit.
21.      Regulations.- The CBEC may make regulations, not inconsistent with these rules, to provide for all matters for which provision is necessary or expedient, for the purpose of giving effect to these rules.
22.     Residuary matters.- In regard to matters not specifically covered by these rules or by regulations or orders made or issued there under, or by special orders, the members of the Service shall be governed by the rules, regulations and orders applicable to the Central Civil Services in general.
23. Power to relax. - Where the Central Government is satisfied that the operation of any of these rules causes undue hardship in any class or category of persons or posts, it may dispense with or relax the requirement of the rule to such extent and subject to such conditions, as it may consider necessary.
24. Repeal and savings.- The Recruitment Rules, as amended from time to time, in force before the commencement of these rules in respect of the grades referred to in these Rules are hereby repealed or deemed to be amended subject to any notification, rule, regulation, order or notice issued, or any appointment or declaration made, or exemption granted or any penalty or fine imposed or any other thing done or any other action taken under the previous rules or regulations and in force immediately before such commencement shall so far as it is not inconsistent with the provisions of these rules, be deemed to have been issued, made, granted, done or taken under the corresponding provisions of these rules.
  25. Reservations.- Nothing in these rules shall affect reservations, relaxation and other concessions required to be provided for the Scheduled Castes and the Scheduled Tribes and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.
26. Interpretation.- Where any doubt arises as to the interpretation of any of the provisions of these rules, or the regulations made there under, the matter shall be referred to the CBEC who will decide the matter in consultation with the DOPT.
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First Schedule (See Rule 2(e), 2(f) and 20)
Names of Central Excise and Customs Zones and Commissionerates where the Central Excise and Customs Service Rules, 2013 apply (subject to change as per reorganization under cadre restructuring after every 5 years)
S. No.
Names of Cadre Units
Names of participating Zones, Commissionerates
(1)
(2)
(3)
1.
 Chief Commissioner of C.Ex. Zone, Lucknow
 C.Ex. Commissionerates, Allahabad, Lucknow, Kanpur, Customs (Preventive) Commissionerate, Lucknow (within C. Ex. Zone LKO), C.Ex. Commissionerates, Meerut-I, Meerut-II, Ghaziabad and Noida (within C.Ex. Zone Meerut), Offices of the CC of the Zones and Commissioner (Appeals) in the Zones.
2.
Chief Commissioner C.Ex.Zone, Ranchi
C.Ex. Commissionerates, Ranchi, Jamshedpur and Patna.  Offices of the Chief Commissioner of the Zones and Commissioner (Appeals) in the Zones.
3.
Chief Commissioner C.Ex.Zone, Mumbai- I
C.Ex. Commissionerates, Mumbai-I, Mumbai-IV, Mumbai-V, Thane-I and Thane-II (within C. Ex. Zone Mumbai-I), C.Ex. Commissionerates, Mumbai-II, Mumbai-III, Belapur and Raigad (within C.Ex. Zone Mumbai-II), C.Ex. Commissionerates, Pune-I, Pune-II, Pune-III, Goa, Customs Commissionerate, Pune ( within C. Ex. Zone, Pune), C.Ex. Commissionerates, Nagpur, Nasik and Aurangabad (within C.Ex. Zone Nagpur), Chief Commissioner of Customs Zone, Mumbai-I and II, Offices of the CCO of the Zones and Commissioner (Appeals) in the Zones.
4.
Chief Commissioner C.Ex.Zone, Bangalore
C.Ex. Commissionerates, Bangalore-I, Bangalore-II and Bangalore-III (within C.Ex. Zone Bangalore), C.Ex. Commissionerates, Belgaum, Mangalore and Mysore (within C.Ex. Zone Mangalore), Customs Commissionerates, Bangalore, Mangalore,  Offices of the CC of the Zones and Commissioner (Appeals) in the Zones
5.
Chief Commissioner C.Ex.Zone, Cochin
C.Ex. Commissionerates, Cochin, C.Ex. and Customs Commissionerates, Calicut and Thiruvananthapuram, Cochin Customs and Cochin Customs (Preventive) Commissionerates, Offices of the CC of the Zones and Commissioner (Appeals) in the Zones
6.
Chief Commissioner C.Ex.Zone, Delhi
C.Ex. Commissionerates, Delhi-I, II, III, IV, Panchkula and Rohtak, Customs (Preventive) Commissionerates, Delhi, Amritsar, Jodhpur and J and K (within the Customs, Preventive Zone, Delhi), Offices of the CCO of the Zones and Commissioner (Appeals) in the Zones
7.
Chief Commissioner C.Ex.Zone, Chandigarh
C.Ex. Commissionerates, Chandigarh, Jalandhar, Ludhiana, J and K,  Customs (Preventive), Amritsar, Offices of the CC of the Zones and Commissioner (Appeals) in the Zones
8.
Chief Commissioner C.Ex.Zone, Chennai
C.Ex. Commissionerates, Chennai-I, II, III, IV (within C.Ex. Zone Chennai), C.Ex. Commissionerates, Coimbatore, Madurai, Salem, Thirunelveli and Trichy (within C.Ex. Zone Coimbatore), Customs Commissionerates, Tuticorin, Trichy ( within Customs (Preventive) Zone, Chennai), Chief Commissioner of Customs Zone, Chennai, Offices of the CC of the Zones and Commissioner (Appeals) in the Zones
9.
Chief Commissioner C.Ex.Zone, Jaipur
C.Ex. Commissionerates, Jaipur-I and II, Offices of the CC of the Zones and Commissioner (Appeals) in the Zones

10.

Chief Commissioner C.Ex.Zone, Bhopal

C.Ex. Commissionerates, Bhopal, Indore, and Raipur, Offices of the CC of the Zones and Commissioner (Appeals) in the Zones
11.
Chief Commissioner C.Ex.Zone, Hyderabad
C.Ex. Commissionerates, Hyderabad-I, II, III, IV; C.Ex. Zone, Vishakhapatnam, Offices of the CC of the Zones and Commissioner (Appeals) in the Zones
12.
Chief Commissioner C.Ex.Zone, Kolkata
C.Ex. Commissionerates, Kolkata-I, II, III, IV, V, VI, VII, Haldia, Bolpur, Siliguri, Customs Zone Kolkata, Offices of the CC of the Zones and Commissioner (Appeals) in the Zones
13.
Chief Commissioner C.Ex.Zone, Shillong
C.Ex. Commissionerates, Dibrugarh, Shillong, Customs (Preventive), Shillong, Offices of the CC of the Zones and Commissioner (Appeals) in the Zones
14.
C.Ex.Zone, Bhubaneshwar
C.Ex. Commissionerates, Bhubaneshwar-I and II, Offices of the CC of the Zones and Commissioner (Appeals) in the Zones
15.
Chief Commissioner C.Ex.Zone, Ahmedabad
C.Ex. Commissionerates, Ahemdabad-I, II, III, Bhavnagar, Rajkot; Customs Zone, Ahmedabad, Offices of the CC of the Zones and Commissioner (Appeals) in the Zones
16.
Chief Commissioner Customs Zone, Mumbai
Mumbai Customs Sea ports and Airports
17.
Chief Commissioner Customs Zone, Kolkata
Kolkata Customs Sea ports and Airports
18.
Chief Commissioner Customs Zone, Chennai
Chennai Customs Sea ports and Airports
19.
Chief Commissioner Customs Zone, Mumbai
Mumbai Customs Sea ports and Airports
20.
Chief Commissioner Customs Zone, Kolkata
Kolkata Customs Sea ports and Airports
21.
Chief Commissioner Customs Zone, Chennai
Chennai Customs Sea ports and Airports

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Second Schedule (See Rule 6)
Sanctioned Strength of various grades of Central Excise and Customs Service (as per reorganization and to be reviewed after every 5 years under cadre restructuring in relation of stagnation vs functional requirement)
S. No.
Names of Cadre Units
Sanctioned Strength
Remarks


Inspector
Superintendent
Dy. Commissioner
Joint Commissioner
Addl Commissioner

(1)
(2)
(3)
(4)
(5)
(6)
(7)
1.
 Chief Commissioner of C.Ex. Zone, Lucknow


To be determined and allocated among cadre units as per Rule 5
To be determined and allocated among cadre units as per Rule 5
To be determined and allocated among cadre units as per Rule 5
Includes Lucknow Customs (Prev)
2.
Chief Commissioner C.Ex.Zone, Ranchi


As above
As above
As above
Includes Patna Customs (Prev)
3.
Chief Commissioner C.Ex.Zone, Mumbai- I


As above
As above
As above
Includes Customs formations
4.
Chief Commissioner C.Ex.Zone, Bangalore


As above
As above
As above
Includes Customs formations
5.
Chief Commissioner C.Ex.Zone, Cochin


As above
As above
As above
Includes Customs formations
6.
Chief Commissioner C.Ex.Zone, Delhi


As above
As above
As above
Includes Customs formations
7.
Chief Commissioner C.Ex.Zone, Chandigarh


As above
As above
As above
Performing Customs work also
8.
Chief Commissioner C.Ex.Zone, Chennai


As above
As above
As above
Includes Customs formations
9.
Chief Commissioner C.Ex.Zone, Jaipur


As above
As above
As above
Performing Customs work also
10.
Chief Commissioner C.Ex.Zone, Bhopal


As above
As above
As above
Performing Customs work also
11.
Chief Commissioner C.Ex.Zone, Hyderabad


As above
As above
As above
Includes Customs formations
12.
Chief Commissioner C.Ex.Zone, Kolkata


As above
As above
As above
Includes Customs formations
13.
Chief Commissioner C.Ex.Zone, Shillong


As above
As above
As above
Performing Customs work also
14.
C.Ex.Zone, Bhubaneshwar


As above
As above
As above
performing Customs work also
15.
Chief Commissioner C.Ex.Zone, Ahmedabad


As above
As above
As above
Includes Customs formations
16.
Chief Commissioner Customs Zone, Mumbai


As above
As above
As above

17.
Chief Commissioner Customs Zone, Kolkata


As above
As above
As above

18.
Chief Commissioner Customs Zone, Chennai


As above
As above
As above

19.
Chief Commissioner Customs Zone, Mumbai


As above
As above
As above

20.
Chief Commissioner Customs Zone, Kolkata


As above
As above
As above

21.
Chief Commissioner Customs Zone, Chennai


As above
As above
As above


Total (C)



As above
As above
As above


Grand Total







 


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