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
Vice Presidents: SampatRai, VatanKamble (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, LaxmiLalSinghvi (Central); N. N. Lal, R. K. Solanki (North); G. Srinath, S. Chandrasekar (South); AshwiniMajhi, 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. 310/P/13 Dt. 30.12.2013
IMMEDIATE
To,
Sh. P. Chidambaram,
The Hon’ble Minister of Finance, Govt. of India,
North Block, New Delhi.
Sub: Promotions against the existing vacancies of Asstt. Commissioner in CBEC.
Sir,
It is submitted with due regards that the current process of the DPC against the existing vacancies of Asstt. Commissioner in CBEC was initiated in July, 2013. It is also very pertinent to submit that the expected promotion for Central Excise Superintendents is to come their way after completion of more than 20 years of service insteadof qualifying service of 2 years. It is very unfortunate that only 1% of our Central Excise officers are able to get the much awaited rare of rarest IInd promotion to JTS level at the fag end of the career but they arebeing deprived from italso and are forced to retire on regular basis without promotion. Even more unfortunate is that the last DPC for the said post was held in June, 2012, i.e., around one & half years ago and no DPC has been held after that. Now, the matter is pending with the UPSC for many months.
2. It is being learnt that the proposal of the CBEC has been turned down twice by the UPSC on the grounds that it is not fulfilling the directives given by some legal Court regarding some reservation issue.The future of our officers has, thus, been blocked by repeated objections of UPSC.
3. In terms of consolidated RR guidelines issued vide DOPT OM No. AB 14017/48/2010- Estt (RR) Dt. 31.12.10, the UPSC needs not be associated in r/o the posts where the promotion is based on non-selection method (Para 3.13.4), i.e., as per the seniority with reference to the benchmark ‘not below good’ {DOPT OM No. 35034/7/97-Estt(D) Dt. 08.02.02}. The said OM dated 08.02.02 also makes it clear that promotion by selection method is to be made with reference to the benchmark ‘good’ and a person is not to be superseded unless found unfit by virtue of ‘below good’ benchmark. Thus, the distinction between selection and non-selection method for promotion has been done away as both seek promotion based on benchmark of ‘good’.
4. Apart from aforesaid DOPT guidelines dt. 31.12.10 providing exemption from consultation with UPSC, the UPSC (Exemption from Consultation) Regulations, 1958 as amended seek to provide exemption from UPSC association for promotion/recruitment to various posts & services (all group A promotions within group A, all group B & C posts among others) including group B officers of CSS for promotion to group A posts by selection method (no distinction between the two methods as above).
5. In CBEC (Department of Revenue), 50% posts in group A (JTS) or as fixed under recruitment rules are to be filled by promotion from group B (Gazetted) officers (Superintendent of Central Excise etc.) by the selection method, i.e., based on ‘good’ benchmark. The association of UPSC has been made mandatory by CBEC for DPC for promotion from group B to group A (JTS) as per the recruitment rules despite of the fact that there exists no difference between selection and non-selection criteria of promotion and that the counterparts of CSS have been exempted from UPSC association vide DOPT OM dt. 30.07.08 (GSR dt. 07.10.09). It takes months to get the dates from UPSC for DPC and the Central Excise Superintendents retire before getting rare of rarest IInd promotion in the life.
6. Moreover, it is also worth to mention that the said DPC is going to be held for ad hoc promotions and, as per the DOPT guidelines, the UPSC has no role to play in the DPC for ad hoc promotions.The DOPT has recently accorded promotion to the Section Officers of Central Secretariat Service (CSS) to the Grade of Under Secretaryon ad-hoc basis vide its order No. 5/8/2013-CS.I(U) dated 24.12.13 whereas repeated objections are being raisedin our case by the UPSC.It is also submitted that CBEC has been giving promotions to the officers even during pendency of Court cases subject to outcome of the court verdict. The same may be followed in this case too.
7. It is, therefore, requested that the DPC for promotion from group B to group A may kindly be exempted from consultation with UPSCas granted to CSS & others and the current DPC may be conducted in expeditious manner by CBEC itself. It is worth to mention that 50% of the officers from the list of the Central Excise Superintendents to be considered for the current DPC have already retired and some more will retire in the end of this month without promotion.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
Copy with the request for necessary action to:
1) The Hon’ble MOS (R), Department of Revenue, North Block, New Delhi.
2) The Revenue Secretary, Department of Revenue, North Block, New Delhi.
3) The Chairperson, CBEC, North Block, New Delhi: w.r.t. the Ref. No. 300/P/13 Dt. 22.11.13 of the Association.
(RAVI MALIK)
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
Vice Presidents: SampatRai, VatanKamble (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, LaxmiLalSinghvi (Central); N. N. Lal, R. K. Solanki (North); G. Srinath, S. Chandrasekar (South); AshwiniMajhi, 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. 311/RR/13 Dt.30.12.13
To,
Sh. B. K. Bansal,
Chairperson, Committee on Recruitment Rules regarding Cadre Restructuring,
NCH, New Delhi.
Subject: Recruitment Rules regarding Cadre Restructuring.
Sir,
It is submitted with due regards that the Superintendents of Central Excise are 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. At present, we have a ratio of 5:4 between Central Excise stream and Customs stream officers in group A which is contrary to their numerical strength at feeder level, the percentage of the Customs stream officers 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.
2. Your goodself knows very well that Central Excise executive officers are retiring merely in PB2 while their common entry counterparts of Customs are reaching PB4 levels 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. It was expected that the injustice would be undone by framing the new Recruitment Rules in the manner of not forcing a senior to work under his/her 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.
3. 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) and so, 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. They were shown to belong to the single cadre in the last cadre restructuring and have also been shown under the one & same column in the notification of current restructuring without any tri-furcation in their strength. It again substantiates that they belong to the one & same single cadre.
4. But very disappointingly, our officers joining the job as Inspector/Superintendent of Central Excise are placed decades behind the officers joining the job as Examiner/Appraiser and also PO/Customs Superintendentupto 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 havebeentakento undothisdiscrimination 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 18.02.11also 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/amended 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. Apart our strong reservations against ratio formula, it is worth to mention that the sanctioned strength of the Appraisers is just more than double of the Examiners which gives the opportunity to the Examiners to be promoted to the next post within 3 years (within 2 years in the future) while our Central Excise Inspectors even with 25 years of service are still waiting to be promoted to the next post. Moreover, the direct recruitment of the Appraisers was stopped in 2002 by the Cabinet but their strength has not been reduced from the total strength of the Appraisers. So, not only the strength of the direct recruit Appraisers (50% of the total strength of the Appraisers) is to be reduced fromthe total strength of the Appraisers but it is also to be reduced further to bring the standard ratio of 1:1.5 between the strength of Appraisers & Examiners like the strength of Central Excise Superintendents & Inspectors and also the strength of Customs Superintendents & PO's. Otherwise the Examiner even of 2009 will also enter into group A in 2014 whilethe Central Excise Inspector only of 1981/82 will be able to reach the stated level. The qualifying service for further promotion from the post of Central Excise Inspector, PO and Examiner is required to be made same.
10. As far as the imposed ratio of 13:2:1 (whether correct or incorrect?) for promotion to group 'A' JTS is concerned, the Central Excise Superintendents will always be at a permanent & recurring loss in r/o the filling-up of the retirement vacancies in future after the implementation of the cadre restructuring because of being at the fag end of the career at the time of promotion in comparison to the officers belonging to the Customs stream. Thus, every 13 vacancies occurring in future on account of the retirement of the Central Excise Superintendents will further be shared by the Customs people and the practical share of the Central excise officer will be on regular diminishing which requires to be checked.
11. It is also worth to mention that the Customs side officer, i.e., Appraiser of 2002 & Customs Superintendent of 1996 has already entered into group A while the Central Excise Superintendent of 1992 is still waiting for the same. So, all of the posts at group 'A' JTS level may first be used for the promotion of the acutely stagnated category of employees, i.e., Central Excise Superintendents to give some consolation to them at the fag end of the career. All of these posts may be utilised only for the Central Excise Superintendents until 2002 Central Excise Superintendents also enter into group A.
12. In view of the above, it is requested that-
i) The Recruitment Rules may kindly be framed in consonance of the paras 7 & 8 above for the sake of “equity, justice & fairness” undoing the injustice, discrimination & humiliation being faced by Central Excise executive officers for decades (draft enclosed).
ii) Necessary amendment may kindly be made in the ongoing imposed recruitment rules in consonance of pras 9 & 10 above for the period till the recruitment rules based on the ratio formula remain imposed on us.
iii) Necessary amendments may also be made in the recruitment rules in consonance of the para 11 above to bring all the group 'B' gazetted executive officers at par in the matter of promotion.
It is also requested that the Association may also kindly be given an opportunity to be heard in person at an early date on the issue to enable it to make the things more clear.
Thanking you,
Yours faithfully,
Encl: As above (draft Recruitment Rules)
(RAVI MALIK),
Secretary General.
Ministry of Finance, Department of Revenue
NOTIFICATION(DRAFT)New Delhi, the , 2013
G.S.R. (E).— In exercise of the powers conferred by the proviso to article 309 of theConstitution, the President hereby makes the following rules, namely
1. Short title and commencement.-(1) These rules may be called the CentralExcise, Customs andService 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 orperiods 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 ofCommissioner 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 competitiveexamination 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 CentralGovernment 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 listfor 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 andService 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 theCommissioner& 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 TaxService. – (1) Thereshall 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 andService 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 andService 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 bypromotion of regular officers of Commissioner Grade who have rendered not less thantwenty 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 CommissionerGrade 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 theCommissionerGrade 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. CommissionerGrade 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 CommissionerGrade 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 CommissionerGrade within qualifying service.
(5) Regular vacancies inDeputy 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 forthe saidGrade 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 CommissionerGrade within qualifying service.
(6) Regular vacancies inSuperintendentGrade 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 InspectorGrade. –
(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 specificallydetermined 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 regularlyappointed to the Grade from the Select List for the Grade shall be regulated inaccordance 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 inaccordance with the Rules relating to pay of Central CivilServices.
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 cadreunits 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 hardshipin any class or category of persons or posts,itmaydispense 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 amendedfrom time to time, in force before the commencement of these rules in respect of the grades referred to in these Rulesare hereby repealed or deemed to be amended subject to any notification, rule, regulation, order or notice issued, orany 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 previousrules or regulations and in force immediately before such commencement shall sofar as it is notinconsistent with the provisions of these rules, be deemed to have beenissued, made, granted, done or taken under the corresponding provisions of theserules.
25. Reservations.-Nothingin these rules shall affect reservations, relaxation and other concessions required to beprovided for the Scheduled Castes and the Scheduled Tribes and other special categories of persons in accordance with the orders issued by the Central Governmentfrom time to time in this regard.
26. Interpretation.- Whereany 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.
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
|
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
|
|
|
|
|
|
|
