" 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.

Friday, 30 January 2015

Recruitment Rules of Central Government Employees – FAQs

There are many questions are raised  regarding Recruitment Rules for Central Government Employees  particularly after the 6CPC implementation. The Department of Personnel and Training (DOP&T) published  FAQs on Recruitment Rules at the right time. The FAQs on Recruitment Rules which is published in DOPT is given below
No. AB.14017/13/2013-Estt. (RR) (1349)
Government of India
Ministry of Personnel, PG & Pensions
(Department of Personnel & Training)
North Block, New Delhi

FAQs on Recruitment Rules

1. What are Recruitment Rules?
Ans. Recruitment Rules are rules notified under proviso to Article 309 or any specific statutes for post(s) prescribing inter alia the method of recruitment and eligibility for such recruitment. It contains notification part having substantive rules and schedule part (as per prescribed Annexure-I). Recruitment Rules are subordinate legislation and so, they are statutory in nature.
2. What are Service Rules?
Ans. Service Rules are Recruitment Rules for any of the Organized Central Services covering many aspects including constitution of the Service, seniority, probation and other conditions of service.
3. Whether Recruitment Rules are applicable retrospectively?
Ans. The legal position is that the posts are to be filled up as per the eligibility conditions prescribed in the Recruitment Rules in force at the time of occurrence of vacancies unless the Recruitment Rules are amended retrospectively. The practice has however been to give effect to the Recruitment Rules prospectively.
4. Why are Recruitment Rules framed?
Ans. As soon as decision is taken to create a new post’ service to upgrade any post or re-structure any service, the Recruitment Rules/ Service Rules are framed. Any post is fiLled up as per the provisions of the Recruitment Rules! Service Rules.
5. Why are Recruitment Rules amended?
Ans. Revision in the Recruitment Rules is made by way of amendment to incorporate changes due to implementation of Central Pay Commission Report, modification of orders! instructions on the subject, creation! abolition of posts etc. during the intervening period.
6. How Recruitment Rules are framed! amended?
Ans. Recruitment Rules for Group ‘A’ & ‘B’ posts! service are framed! amended by the administrative Ministry/Department in consultation with Department of Personnel & Training, Union Public Service Commission and Ministry of Law (Legislative Department) and approval of competent authority in the Ministry! Department to be obtained.
7. Why and how are Recruitment Rules relaxed?
Ans. The power to relax clause in the Recruitment Rules! Service Rules provides the authority to relax the rules in respect of class or category of person. The administrative Ministry! Department may resort to relaxation of the rules in consultation with Department of Personnel & Training and Union Public Service Commission.
8. Who is competent authority to frame/amend the Recruitment Rules?
Ans. All Recruitment Rules including their amendments should be approved at the level of Minister-in-charge, unless the Minister has by general or special order delegated such approval at a lower level(s).
9. Who is competent authority to frame/amend the Recruitment Rules of Group ‘C’ posts?
Ans. Administrative Ministries! Departments are empowered to frame! amend the Recruitment Rules in respect of Group ‘C’ posts keeping in view the guidelines! Model Recruitment Rules issued by this Department on various aspects. In case of deviation from existing guidelines! Model Recruitment Rules, the concurrence of Department of Personnel & Training is to be obtained.
10. Who is competent authority to relax the Recruitment Rules of Group ‘C’ posts?
Ans. The Ministries! Departments are competent to relax the Recruitment Rules for Group ‘C’ posts. The provisions governing upper age limit or qualifications for direct recruitment should not however be relaxed without prior concurrence of Department of Personnel & Training.
11. What is the format! procedure to send the proposal for consultation with Department of Personnel & Training for framing/amendment of Recruitment Rules?
Ans. Proposal for framing! amendment of Recruitment Rules for Group ‘A’ & Group ‘B’ posts (except Service Rules) is sent to Department of Personnel & Training, first, on-line under Recruitment Rules Framing Amendment and Monitoring System (RRFAMS) of the on-line services of Department of Personnel & Training. After approval of on-line Recruitment Rules in Department of Personnel & Training, the proposal is referred by the Administrative Ministry! Department in a file with a self-contained note accompanied inter alia the following: –
(i) Check-list for sending proposal to Department of Personnel & Training.
(ii) Copy of the report of freezed on-line Recruitment Rules.
(iii) Draft Recruitment Rules including notification and Schedule 1 (for posts other than those in the Organized Services) in the proforma in Annexure I
(iv) Supporting particulars in Annexure II (for framing of Recruitment Rules)/ Annexure-HI (for amendment of Recruitment Rules), as prescribed in Department of Personnel & Training OM No. AB.14017/48/2010-Estt. (RR) dated 3 1.12.2010.
(v) Recruitment Rules for the feeder posts(s) and the higher post, if any. (vi) Present sanctioned strength of the post for which rules are being framed/amended as also of the lower and higher posts.
12. What are model Recruitment Rules?
Ans. Model Recruitment Rules for a number of common categories of posts have been framed in consultation with Union Public Service Commission, wherever required. While framing! amending Recruitment Rules for such posts, the model rules should be adhered to.
13. What is procedure for consultation with Union Public Service Commission?
Ans. After obtaining the concurrence of the Department of Personnel & Training, the Administrative Ministry I Department should refer the draft Recruitment Rules for posts? services which are within the purview of the Union Public Service Commission in a self-contained letter to the Commission, along with the information in the prescribed proforma (Check list, Annexure 11/ Annexure-ifi etc.). It should be stated in the letter to the Commission whether the clearance of the Department of Personnel & Training (and also the Department of Pension & Pensioners’ Welfare were required) has been obtained in respect of the proposals in question.
14. What is initial constitution clause in Recruitment Rules?
Ans. In cases where a new service is formed and the Recruitment Rules are framed for the first time and that there are officers already holding different categories of posts proposed to be included in the service on a regular / long term basis, a suitable ‘Initial Constitution’ Clause may be inserted in the Notification so as to count the regular service rendered by such officers before the date of notification of the Rules.
15. Whether reservation, relaxation of age limit and other concessions for special categories of persons are applicable in Recruitment Rules?
Ans. These concessions in recruitments are made applicable by inserting the following ‘Saving Clause’ in the covering notification of the Recruitment Rules:“
Nothing in those rules shall affect reservations, relaxation of age-limit and other concessions required to be provided for the Scheduled Castes, the Scheduled Tribes, Ex-servicemen and other special categories of persons, in accordance with the orders issued by the Central Government from time to time in this regard”.
16. What is the schedule in Recruitment Rules?
Ans. The schedule of Recruitment Rules of post(s) is a 13 columns table as per prescribed Annexure-I (vide OM No. AB-14017/48/20l0-Esft. (RR) dated 3 1.12.2010) containing details of the post(s) along with method of recruitment and eligibility criteria. The prescribed schedule is used for post(s) which are not covered by any organized service.
17. What is notification part of Recruitment Rules?
Ans. Notification of Recruitment Rules contains the substantive rules which include the provisions related to title, date of commencement, enabling provision for applicability of schedule, disqualification clause, power to relax clause, saving clause and any other rule specific to a post viz, initial constitution clause, liability for all-India Service etc.
18. What are the upper age limits prescribed for Direct Recruitment?
Ans. The upper age limits for different posts depend upon the nature of duties, educational qualifications and experience requirements as prescribed in this Department OM No. AB- 14017/48/201 0-Estt (RR) dated 31 .1 2.2010 (Para 3.7.4.1 & 3.7.4.2).
19. What are relaxations available for upper age limit in direct Recruitment Rules?
Ans. A provision is prescribed in the recruitment rules for relaxation of the upper age-limit for departmental candidates up to 40 years for appointment by direct recruitment to Groups C posts and for Government servants up to 5 years for direct recruitment to Groups A and B posts:
20. How to calculate crucial date for age limit?
Ans. In the case of recruitment through the Union Public Service Commission and the Staff Selection Commission, the crucial date for determining the age- limit shall be as advertised by the UPSC / SSC. In the case of other recruitment, the crucial date for determining the age-limit shall be the closing date for receipt of applications from candidates in India (and not the closing date prescribed for those in Assam etc.).
21. How is the educational and other qualification required for direct recruit fixed?
Ans. The minimum educational qualifications and experience required for direct recruitment may be indicated as precisely as possible and if necessary, into two parts, viz., “Essential Qualifications” and “Desirable Qualifications” taking into account the pay band! grade pay and the nature of duties, and the provisions in the approved Recruitment Rules for similar higher and lower posts in the same hierarchy.
22. Whether the educational qualifications prescribed for direct recruits are applicable to promotees?
Ans. The educational qualifications are not generally insisted upon in the case of promotion to posts of non-technical nature; but for scientific and technical posts, these should be insisted upon, in the interest of administrative efficiency, at least in the case of senior Group A posts in the Pay Band-3 Grade Pay Rs. 6600 and above. Sometimes the qualifications for junior Group A posts and Group B posts may not be insisted upon in full but only the basic qualification in the discipline may be insisted upon.
23. Whether any age limit prescribed for promotion?
Ans. Unless there are any specific grounds, the age limit prescribed for direct recruits are not insisted upon in the case of promotees.
24. When probation for appointment to a post/service in Central Government is prescribed? What is the duration of probation?
Ans. The probation is prescribed when there is direct recruitment, promotion from one Group to another e.g. Group B to Group A or officers re-employed before the age of superannuation. There will be no probation for promotion from one grade to another but within the same group of posts e.g. from Group ‘C’ to Group ‘C’ and for appointment on contract basis, tenure basis, re-employment after superannuation and absorption. The period of probation is as prescribed in this Department OM No. AB-14017/48/2010-Estt (RR) dated 3 1.12.2010 (Para 3.10.1 & 3.10.2).
25. What are the methods of recruitments?
Ans. The different methods of recruitment are:
(a) Promotion
(b) Direct Recruitment
(c) Deputation
(d) Absorption
(e) Re-employment
(f) Short-term contract
26. How is the method of recruitment or percentage of vacancies to be filled by various methods of recruitment decided?
Ans. The percentage of vacancies to be filled by each method that may be prescribed for a particular post or Service depend on a judicious blending of several considerations, e.g.,
(i) the nature of duties, qualifications and experience required;
(ii) the availability of suitable personnel possessing, the requisite qualifications and experience within a cadre. .
(iii) The need for ensuring that suitable incentives exist for the maintenance of an adequate standard of efficiency in the cadre;
(iv) Consideration of the question whether, having regard to the role to be performed by a specified cadre or Service, it is necessary to provide for direct intake of officers at an appropriate level with a view to injecting fresh knowledge and experience that may not be normally available in a particular Service or Department etc.
(v) The proper mix of the six methods of recruitment i.e. (a) promotion (b) direct recruitment (c) deputation (d) absorption (e) re-employment (I) short-term contract (mentioned at (a) to (f) above).
27. What is promotion?
Ans. Promotion is method of recruitment from feeder grade post(s) to higher post in the hierarchy as per the provisions of the Recruitment Rules. If promotion is kept as a method of recruitment, it is also necessary to lay down the number of years of qualif5ring service before the persons in the field become eligible for promotion. Only regular, and not ad hoc, period of service is taken into account for purposes of computing this service.
28. What is Direct Recruitment?
Ans. Direct recruitment is the recruitment which is open to all candidates, eligible as per the provisions regarding age, educational qualification! experience etc. as prescribed in Recruitment Rules.
29. What is Deputation?
Ans. Deputation is a method of recruitment where officers of Central Government Departments or State! UT Governments from outside are appointed to post(s) in Central Government for a limited period, by the end of which they will have to return to their parent cadres. In case of isolated post, it is desirable to keep the method of recruitment of deputation! short term contract as otherwise the incumbents of such posts, if directly recruited, will not have any avenue of promotion! career progression.
30. What is short term contract?
Ans. Short term contract is also a form of deputation where officers from non-
Government bodies e.g. universities, research institutions, public sector undertakings for teaching, research, scientific and technical post(s) can come to Central Government posts.
31. Whether absorption and Deputation are synonymous? What is absorption?
Ans. Absorption and deputation are not synonymous. There is a substantial difference between absorption and deputation. Under the provision absorption, the officer, who initially comes on deputation, may be permanently absorbed in the post! grade if recruitment rules prescribe for absorption as mode of recruitment. Such absorption can be effected only in the case of officers who are on deputation from the Central I State Government.
32. What is composite method of recruitment?
Ans. In cases where the field of promotion or feeder grade consists of only one post, the method of recruitment by “deputation (including short-term contract) / promotion” is prescribed so that the eligible departmental officer is considered along with outsiders. If the departmental candidate is selected for appointment to the post; it is to be treated as having been filled by promotion; otherwise, the post is to be filled by deputation I short-term contract for the prescribed period of deputation / short-term contract at the end of which the departmental officer will again be afforded an opportunity to be considered for appointment to the post.
33. How is field of deputation decided?
Ans. The field for “deputation! short-term contract! absorption should, as far as possible, consist of officers holding analogous posts on regular basis but may be widened to include officers working in the next lower grade also with the qualifying service on regular basis normally prescribed for promotion.
34. How is the period of qualifying service for promotion decided?
Ans. The qualifying service for promotion from one grade to another is necessary so that there is no premature promotion or undue jump in pay and also to ensure that the officer has sufficient opportunity to demonstrate his competence/potential for holding the higher post. The period of qualifying service varies from post to post depending upon the scale of pay and the experience, required for manning the higher post. Broadly, the following qualifying service to be followed is prescribed in this Department OM No. AB1 4017/48/2010-Estt (R.R) dated 31.12.2010 (para 3.12.2).
35. What is the maximum age limit for Deputation?
Ans. The maximum age limit for appointment on deputation (including short term contract) or absorption shall be not exceeding 56 years as on the closing date of receipt of applications.
36. What is the crucial date for determination of eligibility of absorption) deputation?
Ans. The guidelines for crucial date for determination of eligibility for absorption! deputation are as follows: –
(i) In the case of a vacancy already existing at the time of issue of the communication inviting nominations, the eligibility may be determined with reference to the last date prescribed for receipt of nominations in the Ministry/ Department! Organization responsible for making appointment to the post i.e. originating Ministry etc.
(ii) In the case where a vacancy is anticipated, the crucial date for determining eligibility should be the date on which the vacancy is expected to arise.
37. How is Departmental Committee formed?
Ans. When promotion is kept as a method of recruitment, the detailed composition of the Departmental Promotion Committee, with minimum 3 officers, may be indicated. In the case of promotion to Group ‘A’ posts, the Union Public Service Commission shall also be associated. The total strength of DPC including Chairman need not necessarily be an odd number, as the decision is to be taken as a joint one.
38. What are the circumstances in which Union Public Service Commission is to be consulted for recruitment?
Ans. 1.JPSC is required to consult in case of recruitment to all Central Civil Services and Central Civil Posts. Exemption from Consultation with Union Public Service Commission is governed by the Union Public Service Commission (Exemption from Consultation) Regulations, 1958 as amended from time to time and the Central Civil Services and Civil Posts (Consultation with Union Public Commission) Rules, 1999 as amended. Some of the circumstances in which the Union Public Service Commission are to be consulted in making recruitment to the posts are illustrated below: i) Direct Recruitment,
(ii) Re-employment,
(iii) Absorption,
(iv) Composite method of recruitment (i.e. where the departmental candidate
is to be considered along with outsiders),
(v) In case of deputation — (a) if the field for consideration includes State Government Officers or Group ‘A’ & ‘B’ officers of the Central Government simultaneously and (b) if the field for consideration consists of not only Central/State Government officers but also officers from nonG overnment institutions
(vi) Any relaxation or amendment of the provisions of the Recruitment Rules.
39. Whether recruitment to a post can be made in absence of recruitment rules of a post?
Ans. If there are overriding compulsions for filling any Group A or Group B post in the absence of Recruitment Rules, then the Ministries! Department may make reference to Union Public Service Commission for determination of method of recruitment as a onetime measure for filling up of a post on regular basis.
40. What are the limits for notification of Recruitment Rules?
Ans. The Recruitment Rules or amendment(s) thereto as finally approved by the Union Public Service Commission are required to be notified within a period of 10 weeks from the date of receipt of their advice letter. This time limit should be strictly adhered to.
41. What needs to be done in case where posts are transferred to some other Ministries/Departments?
Ans. The Ministry/Departments concerned should mutually agree for transfer of the posts and the same should be concurred by Department of Expenditure. Thereafter, the existing RR needs to be de-notified in consultation of Department of Personnel & Training, Union Public Service Commission and Ministry of Law. Suitable recruitment rules in the transferred Department may be framed? amended following due procedure.
 source : DOPT
Link : [http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/AB.14017_13_2013-Estt-RR.pdf]

Thursday, 29 January 2015

Review of Model Calendar for the Departmental Promotion Committees (DPCs) being conducted by the Ministries/Departments

G.I., Dep. of Per. Trg., O.M.No. 22011/4/2013-Estt.(D), dated 28.1.2015

Subject: Review of Model Calendar for the Departmental Promotion Committees (DPCs) being conducted by the Ministries / Departments.

Reference is drawn to this Department’s instructions on Model calendar for DPCs vide O.M. No.22011/9/98-Estt (D) dated 8th September, 1998. The Model Calendar envisages initiating action in advance of the commencement of the vacancy year so as to have the approved select panels ready before start of the vacancy year and ensure timely promotions of employees.

2. The Annual Performance Assessment Reports (APAR) schedule separately provide a time schedule for preparation/completion of APARs O.M. No.21011/1/2005-Estt.(A) (Pt.II) dated 23rd July, 2009. The crucial date of eligibility is 1st April of the vacancy year (Financial year based vacancy year) and 1st January (Calendar year based vacancy year) as per O.M. No.22011/6/2013-Estt(D) dated 28th May, 2014.

3. The schedule of Model Calendar for conduct of DPCs in line with the time schedule for completion of APARs so that the panel as approved by the Competent Authority is available before the commencement of the vacancy year has been further examined. It has been decided to reschedule the time frame for the DPCs being conducted by Ministries/Departments themselves as below:-

4. It has been decided to make the aforesaid Model Calendar for DPCs operational with effect from April 1, 2015 in relation to the financial year based vacancy year 2016-17 commencing from April 1, 2016. In the case of calendar year-based vacancy year commencing from January 1, 2016, the Model DPC Calendar will take operational effect from January 1, 2015. These instructions shall, accordingly, be applicable to all such subsequent vacancy years.

5. The success of the Model Calendar depends upon the Ministries/Departments initiating timely action in advance and furnishing the complete proposals to the DPCs with relevant APARs, copy of Service/Recruitment Rules, seniority list, penalty statement and correct vacancy position etc. All Ministries/Departments are, therefore, requested to give these instructions wide circulation and ensure strict compliance so that the desired objectives of convening of DPC meetings/preparation of the approval select panels as per the aforesaid prescribed time frame may be achieved.

6. Model calendar for DPCs conducted by UPSC both for ACC and Non-ACC cases is separately under review. Meanwhile, cadre controlling authorities are advised for timely completion of calculation of vacancy; finalization of Seniority List; collection of information on vigilance clearance status; completion of Penalty statement for last ten years so that the proposal for seeking the date from UPSC for holding DPC may be taken up on completion of APARs including disposal of representations received on entries/grading in ACRs/ APARs. The instructions with regard to JS level officer as designated authority for timely holding of DPCs and requirement of complete proposal as contained in OM No. 22011/1/2011-Estt.(D) dated 25th March,2011 and OM No. 22011/3/2011-Estt.(D) dated 24th March, 2011 are reiterated.

Click here to download original dopt order

ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                            Secretary General:
R. Chandramouli                        240, Razapur, Ghaziabad-201001 (U.P.)                                                   Ravi Malik
Mob. 08939955463     mail Id: ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob. 09868816290
Vice Presidents: P. Parwani, L. L. Singhvi (Central); Anurag Chaudhary, Ravi Joshi (North); N. Raman, G. Srinath (South); B. K. Sinha, Ashwini Majhi (East); Rajesh Chaher, J. D. Patil (West) Joint Secretaries: Anand Kishore, J. S. Aiyer (Central); R. K. Solanki, Ashish Vajpeyi (North); M. Nagaraju, Ajithkumar P. C. (South); P. K. Sen, S. Bhattachariya (East); Jasram Meena, M. K. Mishra (West) Office Secretary: C. S. Sharma
Treasurer: N. R. Manda Liaison Secretary: A. S. Kundu Coordinator on Telangana: P. Shravan Kumar
(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. 09/TARC/15                                                                          Dt. 29.01.15
To,
Sh. A. K. Gupta,
Chief Commissioner (DZ),
Central Excise,
C. R. Bldg, New Delhi.
Sub: Feedback meeting on the report of the TARC-reg.
Sir,
            First of all, a lot of thanks to invite the Association for the meeting/presentation on the report of TARC.
            2. It is further submitted with due regards that nothing was mentioned in the presentation made yesterday on 28.01.15 to improve the career prospects of the actual workforce (i.e., Inspectors & Superintendents) of the CBEC. As your goodself knows, these officers are retiring merely after one promotion in the career on a PB2 post whereas their counterparts (intra-organisational, intra-departmental as well as inter-departmental) are easily attaining the PB4 levels after getting 5/6 promotions. They are even forced to work under the extreme juniors of Customs belonging to the same cadre in their own organization and the recent cadre restructuring is also going to give no benefit to them.
            3. It is also worth to mention that no employee can give his/her hundred percent on being job-dissatisfied. No need to say that our Superintendents and Inspectors are totally job-dissatisfied for the want of due pay packages and career prospects. It is also very important to submit that the officials of revenue/tax departments are very highly placed in the matters of pay packages and career prospects throughout the world in comparison to others except our country. Kelkar Committee on tax reforms also recommended to place these officials at par with the best place counterparts, if not better than them.
            4. Despite of the total demoralization, these officers are always earning the revenue for the govt. always above the set targets in the form of Central Excise duty, Customs duty and Service Tax. If these officials are granted due pay packages and career prospects, no need to say that the govt. revenue would be increased many times due to the feeling of job-satisfaction amongst these officers.
            5. In view of the above, it is requested that the due projection may kindly be made to the TARC regarding poor service conditions of the above mentioned officers to enable the Commission to make the due recommendations for the betterment of the career prospects and pay packages of these officers.
            Thanking you,
Yours faithfully,


(RAVI MALIK),
Secretary General.
Copy with the request for necessary action to:
The Chairman, Tax Administrative Reforms Commission.      




(RAVI MALIK)
All CG Employees are required to register themselves in the system of AADHAR Enabled Bio-metric Attendance System - Dopt notification

Introduction of AADHAR enabled bio-metric attendance system

G.I., Dep. of Per. & Trg., O.M.F.No.11013/9/2014-Estt.A-III, dated 28.1.2015

Sub: Introduction of AADHAR enabled bio-metric attendance system.

The undersigned is directed to refer to Secretary, DEITY’s DO letter no. SSD/DeitY/BAS/2014-74 dated 23.12.2014 (copy enclosed), observing that in many offices there is a large difference between the number of registered employees and the number of employees marking their attendance in the Biometric attendance system (BAS). The Secretaries of all Ministries / Departments have been requested to issue directions to all employees to mark their attendance in BAS Portal on regular basis.

 2. As per the Guidelines issued vide O.M. No.11013/9/2014-Estt.A-III dated 21.11.2014, it has been decided to use an AADHAR Enabled Bio-metric Attendance System (AEBAS) in all offices of the Central Government, including attached / sub ordinate offices, in India. All employees are, therefore, required to register themselves in the system and mark their attendance. Instructions already exist for dealing with cases of late attendance/ unauthorized absence, which may be followed.

 3. It is requested that necessary directions may be issued to all employees to mark their attendance in BAS portal on regular basis.

Download original DoPT Order

Authority : www.persmin.gov.in

Tuesday, 27 January 2015

Amendment of  Rules on Imposing Penalty on Government Servants

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
NOTIFICATION
New Delhi, the 22nd  January, 2015
G.S.R. 6(E).—In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules further to amend the Fundamental Rules, 1922, namely:-
1. (1) These rules may be called the Fundamental (Amendment) Rules, 2014.
(2) They shall be deemed to have come into force on the 27th October, 2013.
2. In the Fundamental Rules, 1922, in rule 29, for clause (2), the following clause shall be substituted, namely:—
“(2) If a Government servant is reduced as a measure of penalty to a lower service, grade or post or to a lower time-scale, the authority ordering the reduction shall specify,—
(a) the period for which the reduction shall be effective;
(b) whether, on restoration, the period of reduction shall operate to postpone future increments and, if so, to what extent; and
(c) whether the Government servant shall regain his original seniority in the higher service, grade or post or time-scale on his restoration to the service, grade or post or time-scale from which he was reduced.”
[F. No. 6/2/2013-Estt. (Pay-I)]
MUKESH CHATURVED

 Vigilance clearances will be denied for deputation if IPR is not filed – DOPT

No.26/1/2015 -CS.I (PR/CMS)
Government of India
Ministry of Personnel, Public Grievances and Pensions,
Department of Personnel & Training
2nd Floor Lok Nayak Bhawan.
Khan Market. New Delhi.
Dated: 27th January, 2015
OFFICE MEMORANDUM
Subject: Immovable Property Return for the year 2014 (as on 31.12.2014) — Submission through cscms.nic.in regarding.
The undersigned is directed to refer to Office Memorandums of even number dated 15.01.2015 and 21.01.2015 on the subject mentioned above (available at persmin.nic.in —>DoPT —>Central Secretariat —>CSS —>Property Return).
2. A large number of CSS Officers have not yet furnished the Immovable Property Return fòr the year ended 31.12.2014. They are once again advised to file the same latest by 31.1.2015. It is also brought to the notice of the officers that if IPR is not filed by the stipulated date, Vigilance clearances will be denied for deputation, non-mandatory training and empanelment in terms of this Departments OM. No. 11012/11/2007-Estt.A dated 14.12.2007 read with O.M. of even number dated 27.9.20 11.
3. For detailed instructions regarding tiling of IPRs through web based cadre management system at cscms.nic.in officers may refer to OM dated 15.1.2015 referred to above. As CS.I Division, DoPT is the custodian of Annual Immovable Property Return (IPR) in respect of CSS officers of Under Secretary and above levels, print out of IPRs filed through the web based system duly signed by the Officers should be forwarded to this Department.
4. In case of any difficulty, please contact the nodal officer of the Ministry/Department or CMC officials who have developed Web Based Cadre Management System at Telephone No. 24629890.
(V .Srinivasaragaan)
Under Secretary to the Government of India
All Ministries/Departments of Govt. of India through DOPT’s website
Source : http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/IPRR.pdf

FM Asks CBEC Officials For Quick Decisions To Ensure Stability

New Delhi: Ahead of the Budget, Finance Minister Arun Jaitley today asked CBEC officials for the need for tax reforms and quick decision making to ensure stability in policy regime.
The Minister also asked the Central Board of Excise and Customs ( CBEC) officials to maintain certain level of civility with assessees but to take to task the evaders and avoiders.
“Those who are liable to pay must pay…no evader or avoider must be allowed to go scot-free. At the same time, the levels of civility that we require in dealing with assessees will have to be very logical, very cogent,” he said at an the Investiture Ceremony to honour the officers of Customs and Central Excise for their excellent performance and International Customs Day function organised here today by CBEC.
“In order to make best use of this opportunity, we have to address two major concerns that is quick decision making and stability in policy matters, and reforms in tax structure and administration,” he said.
“There is need for change both in attitude and mindset towards investors’ and assesses. We need to have a non-adversarial tax administration which is both investors’ and assesses’ friendly,” he said.
Jaitley, who is scheduled to present the Budget in Lok Sabha on February 28, expressed confidence that the fiscal deficit target of 4.1 per cent of the GDP for the current fiscal would be met.
“Even though the revenues have been challenging due to slow manufacturing industry, now, it is turning around and it looks like we will be able to meet our fiscal targets,” he said.
Revenue collections which was affected due to low manufacturing in the last 2-3 years are also turning around. Forex reserves are good and Current Account Deficit (CAD) position is much better, he added.
Current account deficit stood at USD 10.1 billion or 2.1 per cent of GDP in July-September quarter of this fiscal, up from 1.2 per cent during the year ago period due to rising gold imports.
The current account deficit (CAD) is the net difference between inflows and outflows of foreign currencies.
Stating that the last one week had been a great learning for him, Jaitley said, “The sense I got in last few days is that ordinarily everything is going well with India.
“From depressing slowdown in last last two three years, suddenly our growth rates are likely to look up.”
On the other hand, competing economies globally have not been so good.
“Brazil faces a challenge, South Africa faces challenge. Europe is still struggling to come out of slowdown. China which has maintained a growth rate of over 9 per cent for over 3 decades is looking at new normal,” he said.
The Finance Minister said that Indian currency was among the two global currencies which withstood the might of dollar in recent times.

The CBEC, vide their letter F.No. V.500/84/2014 dated 18.12.2014, formed a Study Group in the chairmanship of Ms. Vanaja Sarna, Chief Commissioner (TAR), New Delhi, to:-

1.     examine and analyse the causes of delay in disposal of disciplinary proceedings and to recommend measures to prevent such delays in future.
2.     examine sample of cases of inordinate delays and make appropriate recommendations, including fixation of responsibility, if necessary as per the instructions in this regard.
3.      examine existing system of data keeping and reporting and to recommend suitable changes including the ways in which automation (IT) can be used to make the disciplinary process more efficient and transparent.
4.     examine the existing supervisory mechanisms and to recommend ways in which these can be made more effective
5.     examine and recommend with reference to the number of charge sheets which eventually sustain, appropriate measures to either improve or prevent the initiation of unsustainable cases; and
6.     examine any other related issues and make suitable recommendations.


          The Study Group has to complete the study by 31.03.2015 and submit its report to the Board for consideration and implementation of accepted decisions.

DRAFT PREPARED BY SG/AIACEGEO TO BE PRESENTED BEFORE THE JOINT MEETING TO BE HELD AT CHENNAI ON 31.01.2015 FOR APPROVAL BY ALL THREE ASSOCIATIONS.

Suggestions to amend Indian Revenue Service (Customs and Central Excise) Group A Recruitment Rules

1. Suggested amendment for Rule 4(1)

The portion 'The authorised permanent strength in all grades of service and temporary strength in the grade IX of the service' should be substituted by ‘The authorised strength in all grades of service’.
Reason
(a)       Under Rule 2(g) of the RRs, the ‘Post’ includes permanent as well as temporary strength in all grades. Accordingly, authorised strength constitutes appointment made to any post under Indian Revenue Service (Customs and Central Excise) Group A as defined under Rule 2(g). Besides, the temporary posts are authorised posts created by virtue of cadre restructuring for functional necessity. So use of the words ‘temporary’ or ‘permanent’ is superfluous.
(b)       As far as the proposed ‘Grade IX’ is concerned, it may be pointed out that creation of a separate Grade (grade IX) for the Assistant Commissioner (Junior Time Scale) Customs and Central Excise appointed against temporary posts lower than the Grade (VIII) is against the basic tenets of devising any RRs. This arbitrary gradation is a result of misconception in understanding the distinction between the term ‘posts’ and expression ‘an officer appointed in a grade to such posts’. Apparently different modes of selection (i.e., by direct recruitment or by promotion) to different nature of posts (i.e., permanent or temporary) in a particular grade, say Assistant Commissioner (Junior Time Scale), cannot be further sub-categorised. Therefore, once an officer is appointed in that grade, he or she shall be a member of the service in that particular grade irrespective of nature of post. Creation of separate grade by way of linking it to the nature of posts (permanent or temporary) or mode of selection either direct recruitment or by promotion is grossly anomalous and is unfair with regard to framing RRs. Besides, the Central Excise Act, 1944 or Customs Act, 1962 or Finance Act 1994 makes no distinction between temporary  and regular posts of Assistant Commissioner with regards to functions and powers. Furthermore, there is no precedence of creating different grades in the same ranks with the same grade pay. So such a sub-division in the grade of Assistant Commissioner is untenable. We have not to forget that the officers working on the temporary posts of Asstt. commissioner are the permanent/regular employees of the Govt of India already completing more than 30 years of service.
So, any reference to ‘Grade IX’, wherever it appears in RRs, needs to be omitted.

2. Suggested Amendment for Rule 4(2)
The words ' permanent and temporary ' in this rule should be omitted.
Reason
That in terms of definition under Rule 2(g) of the RRs, the authorised strength itself indicates and includes permanent as well as temporary posts. Accordingly, the words ‘permanent and temporary ' are superfluous.
3. Suggested  Amendment for Rule 4(3)(i)  & 4(3)(ii)
Both these rules shall be omitted.
Reason:
            For Rule 4(3)(i)
 (a)      The first line is superfluous as it is already mentioned in Rule 4(1) and 4(2) of the RRs that any post, be it permanent or temporary, shall be specified in Schedule-I. It is also not necessary to mention the trifling details like date on which any post has been created or likely to be terminated, be it permanent or temporary. The RRs should be confined to recruitment modalities and not details of creation of posts.
(b)       The second line should be deleted for the simple reason that it is based on complete misunderstanding between the term ‘post’ and expression ‘an officer appointed in a grade through such post’ either by way of promotion or direct recruitment or through permanent post or temporary post. Once the officer is appointed in a particular grade, he or she will be regarded as belonging to the service under which the posts exist and in this respect, no distinction can be made between officers appointed either to a permanent post or a temporary post by direct recruitment or by way of promotion. The continuation of the service of that officer in that grade is no way dependent on the fate or tenure of the post. So, the incorporation linking the tenure of post and continuation of service is outrageous and beyond the purview of law. As long as an officer, after appointment in a particular grade against a post (permanent or temporary), remains in that grade in conformity with the service conditions, the post (permanent or temporary) against which the said officer is appointed cannot be declared as abolished.
Moreover, the 2nd line is also contrary to the Cabinet approval under CBEC F.No. A. 11019/08/2013- Ad.IV, dated 18.12.2013,  para 7 of  which states that  " wherever the posts recommended for abolition are filled up at present, such abolition will be effective on such posts being relinquished by the existing incumbents by way of promotion, transfer, retirement, resignation etc"
For Rule 4(3)(ii)
Rule 5 prescribes filling of vacancies both in respect of permanent or temporary posts. So the need for this provision is redundant.
4. Suggesdted Amendment for Rule 5(2)
1)      The words ‘fifty percent’ shoud be substituted by ‘maximum ten per cent’.
2)      The following insertion should be made:
(i) A post-based roster shall be maintained between direct entry and promotee officers in the ratio of 10 (maximum) : 90 (minimum).
(ii) A post-based roster shall be maintained for promotee officers belonging to three streams, i.e., Central Excise, Customs Preventive and Customs Appraisers till promotions are not affected on the basis of length of service.

Reasons for amendment (1)
In view of the extraordinarily acute stagnation of Group B Central Excise executive officers and highly adverse ratio (1: 15 approx) existing between the consolidated Gr B Executive officers and their immediate promotion grade of Assistant Commissioner even after restructuring, whatever has been done in the Cadre restructuring shall be diluted and the stagnation is bound to return in short span of 1 or 2 years until and unless immediate measures like promotion of Group B gazetted Central Excise executive officers directly to STS (like many others Group B gazetted officers of Central as well as State governments including CSS, CSSS, CPWD, MEA, Railway Board etc. etc.) and granting 'weightage' are taken. Otherwise the next lot will continue to stagnate. As an important measure,therefore, the ratio of 50:50 between direct recruit Assistant Commissioner  and the promotee Assistant Commissioner should be changed to 10 (maximum) : 90 (minimum). Besides promotee Assistant Commissioners can be immediately put to funtional utility as they are adequately trained with long real-time experience.

Reason for amendment (2)
(i) The provision of maintenance of post-based roster should be incorporated to rule out the possibility of erosion in the quota belonging to any of the streams, (i.e., direct or promote) at any point of time.
To give an example -
            The IC&CE Gr-A Recruitment Rules 2012 (earlier of 1987, 1998), stipulate the entry-level Group-A post of AC (also termed as JTS -Junior Time Scale) in the ratio of 50% DR(UPSC) & 50% by Promotion(amongst 3 feeder categories).
             The then sanctioned strength of JTS post (Assistant Commissioner) is '949', while that of STS (Deputy Commissioner) is '601'. The promotions are given to the JTS level 50% posts i.e. against '475'.
             The Civil List published by CBEC on official website "http://www.cbec.gov.in/deptt_offcr/civil-list2014-part2.pdf", for 01.01.2014; gives in Part-2, the list of Gr-A officers in the grade of AC/DC. This list consists total '1284' Names ['950' Direct-UPSC(DC:291+AC:439+AC-Probationer:220), and '334' Promotee (Cus Appraiser:198+Supdt Cus-P:18+Supdt CX:118)].
             This indicates that against the '949' JTS strength; the DR are '659 (439+220 higher level posts are also to be added because they have been promoted after entry into JTS)', while promotee are just '334'. THIS IS WRONG. The DR should not be more than '475'. Again, of the 334 promotee; the Cus Appraiser are '198'(59%), the Supdt Cus(P) are '18'(5%) & Supdt C.Ex. are '118'(35%).

(ii) The provision of maintenance of post-based roster should be incorporated to rule out the possibility of erosion in promotion quota belonging to any of the promotee streams at any point of time. This shall also ensure parity within 3 feeder cadres of Gr-B.
To give an example, of the 334 promotee; the Cus Appraiser are '198' (59%), the Supdt Cus (P) are '18'(5%) & Supdt C. Ex. are '118' (35%) only.
5. Suggested Amendment Rule 5(3)(a)
The words ‘fifty percent’ should be substituted by ‘minimum ninety per cent’.
Reason
Same as given against Rule 4 above.
6. Suggested Amendment for Rule 5(3) (b)
The entire sub-rule shall be substituted by the following:
‘Hundred percent of the temporary posts in Grade VIII (Junior Time Scale) i.e., Assistant Commissioner of Customs and Central Excise in the temporary strength shall be filled by promotion from the officers and in the manner mentioned in the sub-rule 5(3)(a) above’.
Reason
The words ‘Grade IX (Junior Time Scale-Temporary posts) of the service specified in Sl.No. 9 of schedule-I’ shall be omitted for the same reason and analogy given in para 1 above.
As the laws implemented by the Assistant Commissioners promoted against temporary posts do not make any such distinction as 'temporary or permanent’, creation of separate grade of Assistant Commissioners is unfair and discriminatory.
7. Suggested Amendment for NOTE below the Rule 5(3) (b)
The note should be substituted as follows-
For the purpose of making promotion from Group B to Group A from amongst the categories of officers mentioned in Rule 3 (a) (i), a combined eligibility list of the officers from amongst all of three feeder categories shall be prepared with reference to the date of completion of the qualifying service by the officers in the respective grade.
Reason- This will rule out the possibility of working a senior officer under the junior.
8. Suggested Amendment for Rule  5(3)(c)
A new clause 5(3)(c) shall be inserted after rule 5(3) (b) in the following manner:
‘An officer who has completed 7 years (in consonance of DOPT guidelines) of combined regular service in the Grade of Inspectors of Central Excise/Inspectors of Customs(Preventive)/Examiners and Superintendents of Central Excise/Superintendents of Customs(Preventive)/Appraisers, shall be eligible for promotion directly to the Grade of Deputy Commissioner(Senior time Scale) in Grade VII in the manner prescribed under sub-rule 5(3)(a). A specific clause should also be inserted to promote the officer to higher grade on completion of 1½ of qualifying service.
Reasons
Most of the Group ‘B’ gazetted officers in the Central as well as State governments are being promoted directly to a Senior Time Scale (STS) posts with Grade Pay of Rs. 6600/- in PB-3 including CSS, CPWD, Railway Board, CSSS, AFHQ, Rajya Sabha Secretariat, Forest services, Police services, Foreign Services, Engineering services, State services etc., whereas the Group ‘B’ gazetted officers  of CBEC are being promoted  merely to a Junior Time Scale (JTS) post with Grade Pay of Rs. 5400/- in   PB-3. These Gr-A officers should also be granted promotion directly to a Senior Time Scale post with Grade Pay of Rs. 6600/- in PB-3 to maintain parity with similarly placed employees of  CSS & other Central Ministries/Departments.
Apart from the promotion directly to STS post, the counterparts of  Gazetted Gr-B officers of CBEC  are also given benefit of seniority in group ‘A’ at many places in lieu of the service rendered by them in group ‘B’ in various services in Railways, Administrative Services, Police Services, State Services etc., these group ‘B’ gazetted officers are also allowed the weightage of minimum of four years at the time of entry into group ‘A’, giving them the due benefit of seniority in lieu of the service rendered by them in the group ‘B’.
The position in CPWD is even more encouraging where an officer with a grade pay of Rs. 4600/- is being directly promoted to a post with a grade pay of Rs. 6600/- (STS) and further directly to a post with the grade pay of Rs. 8700/- . Thus, they don’t need to serve on a post with a grade pay of Rs. 4800/-, 5400/- and 7600/- for promotion to the post with a grade pay of 8700/- after entry into a post with grade pay of Rs. 4200/-. Whereas in CBEC the Inspector Central Excise who is recruited at Grade Pay of Rs.4600/- is not allowed to move beyond the Rs.5400/- grade pay.
It is known fact that, the Central Excise Inspectors of CBEC and Assistants of the Central Secretariat Services (CSS), both Group-B non Gazetted officers being analogous posts,, are recruited through a common entrance examination conducted by the Staff Selection Commission with common scale of pay but Central Excise Inspectors are retring in a grade pay of Rs. 5400/- whereas Assistants of CSS are reaching the grade pay of 10000/- or above..
9. Suggested Amendment for Rule 5(4)
It should be substituted as below-
The vacancies to be filled by promotion shall be filled from out of the three Group B categories of officers by making a combined eligibility list of the officers from amongst all of three feeder categories with reference to the date of completion of the qualifying service by the officers in the respective grade.
Three Notes shall be inserted after the Rule 5(4) in the following manner:
“Note 1: The promotion to Grade VIII is provisional and shall be made applicable for promotion till the introduction of promotion on the basis of a combined eligibility list prepared taking into account the continuous dispensation of service since the recruitment (either direct or by promotion) in the entry level Executive grade of Inspector, Preventive Officer and Examiner.”
“Note 2: It must be ensured that at all point of time the parity in promotion in respect all the 3 feeder grades is maintained with reference to such eligibility list based on the base cadre parity. To achieve this, the entire promotion quota of the feeder grade/s, which is/are ahead of other feeder grade/s by the yardstick of base cadre parity, shall be, at the time of promotion, given to the feeder grade/s which is/are lagging behind .
“Note 3: The pending regularisation of ad hoc promotions to Grade VIII, made from the 3 feeder categories, shall be made by applying the ratio prevalent at the time when the regularisation is being made.”
Reason
It is well known that the strength of the cadre strength of Executive grades of Gr B kept fluctuating for various reasons. To avoid future litigation vis-a-vis dis-parity in promotions, this provision is necessary.
Considering the acute stagnation in the grade of Superintendent/Inspector of Central Excise relaxation of Recruitment Rules can be resorted to in respect of a class or category of persons as per provision of Para 4.3, of PART IV on AMENDMENTS AND RELAXATIONS, of 'the Guidelines on Framing/Amendment/Relaxation of RRs' issued by DoP&T in  2010. This is also in conformity with the Article 309 of the Constitution of India which is primarily designed to obtain fairness and equity in recruitment, promotions and other service related matters. As the Superintendents of Central Excise are getting just one promotion unlike the officers of other Department, RRs should be framed accordingly to bring just, fairness and parity.
10. Suggested Amendment Sub Rule 5(5)(i)
1)    The first sentence shall be substituted in the following manner:
‘Appointments in the grade VII of Deputy Commissioner of Customs and Central Excise (Senior Time Scale) shall be made from amongst the officers of grade VIII who have either completed 4 years of regular service in the grade VIII or have completed 6 years of combined regular service in the Grade VIII and feeder grade or have completed 7 years of regular combined service in the feeder grade (Group B gazetted) and basic feeder (Inspector) grade to Grade VIII, whichever is earlier.
2)    The second sentence shall be deleted.
Reason
1.    The Deputy Commissioner of Customs and Central Excise (Senior Time Scale) in Grade VII is not a distinct functional grade with any higher level of responsibilities or any change of command than those associated with the grade of Assistant Commissioner of Customs and Central Excise (Junior Time Scale) in Grade VIII. The creation of such grade is essentially mitigatory and intended to alleviate the stagnation. It is akin to grant of the scale of pay in the mode of prevalent non-functional selection grade (NFSG). Accordingly, declaring those officers as Deputy Commissioner of Customs and Central excise (Senior Time Scale) in Grade VII who have completed the combined qualifying service is only logical and fair. The Grade VIII should be used only for direct recruitment to the extent of maximum 10% and promotee officers should be promoted directly to Grade VII from Group B Gazetted Grade.
2.    The condition that “the service rendered by the officers in temporary post in Junior Time scale shall not be counted as ‘regular service’ for the purpose of promotion to higher grade(s)” is in conflict with the definition of ‘regular service’ given in sub-rule 2(h) ibid. It flows from complete misunderstanding between the term ‘post’ and the expression ‘an officer appointed in a grade through such post’ either by way of promotion or direct recruitment or through permanent post or temporary post. Once the officer is appointed in a particular grade, he or she will be regarded as belonging to the service under which the posts exist and in this respect, no difference can be made between officers appointed either through permanent post or through temporary post, by direct recruit or by way of promotion. The continuation or counting of the regular service of that officer in that grade is in no way dependent on the fate or tenure of the post. So the service rendered by an officer in the grade of Assistant Commissioner (junior time scale) has to be regarded as ‘regular service’ irrespective of appointment by way of promotion or direct recruitment or to a permanent post or temporary post. Therefore, the above provision which seeks to preclude any further elevation of the Assistant Commissioners promoted against temporary posts is wholly arbitrary and legally untenable.
11. Suggested Amendment for Rule 5(5)(iii)
The entire Rule 5(5)(iii) should be deleted.
Reason
The whole rule is clearly violative of Article 14 of Constitution of India. The manner of appointment in the grade of Deputy Commissioner of Customs and Central Excise (Senior Time Scale) (Grade VII) is already incorporated exhaustively in the sub-rule 5(5)(i) of the proposed amendment. Moreover, the contention of this sub-rule is not tenable for the reasons already stated above.
12. Suggested Amendment for Rule 6
The words ‘by promotion in Junior scale’ should be omitted.
Reason
This clause is essentially meant for new entrants. The officers on promotion already after many years of service and endowed with vast experience should be given due weightage and be exempted from such probation/confirmation.
13. Schedule-I to the RRs
1) Amendment
The following amendments shall be made in respect of sl. No. 8 of Schedule I:
Sl. No. 8         Col. (3)                       Number of posts shall be:
(a)  Permanent strength                 1249
(b)  Temporary strength                 2118

2) Amendment
A Note shall be inserted at the end of sl. No.8 in the following manner:

Note:  The continuation of the temporary post beyond the period for which these are created shall be reviewed by the Govt based on the factors of workload, stagnation etc. However, as long as an officer, after appointment in a particular grade against a post (permanent or temporary), remains in that grade in conformity with the service conditions, the post (permanent or temporary) against which the said officer is appointed shall not be declared as abolished and service rendered on temporary post will be counted for the purpose of seniority, further promotions etc.
Reason
This is in conformity with the Cabinet approval under CBEC F.No.  A. 11019/08/2013- Ad.IV dated 18.12. 2013,  para 7 of  which states that  " wherever the posts recommended for abolition are filled up at present, such abolition will be effective on such posts being relinquished by the existing incumbents by way of promotion, transfer, retirement, resignation etc"
As per various legal verdicts given by various courts including the Apex one, even the stipendiary period during training is counted for various service purposes.
3)    Amendment

The entry against Sl. No. 9 should be deleted.                        
Reason
(a)                Definition of the term ‘post’ under Rule 2(g) ibid, includes permanent as well as temporary post in all grades. Accordingly, authorised strength necessarily indicates and includes appointment in any post under Indian Revenue Service (Customs and Central Excise) Group A Recruitment Rules. The mention of the permanent and the temporary post in the column against the sl. No. 8 of the Schedule-I in respect of the single grade Assistant Commissioner (junior time scale) in Grade VIII shall suffice.
(b)     So, the clause ‘Grade IX’, wherever it appears, needs to be omitted.

13. Schedule-III of RRs

Suggested Amendment
The following amendments shall be made in respect of sl. No. 7 and 8 of Schedule III:
Sl. No. 7         Col. (4)                      
Appointments in the grade of Deputy Commissioner of Customs and Central Excise (Senior Time Scale) (Grade VII) shall be made from amongst the Officers of grade VIII who have either completed 4 years of regular service in the grade VIII or have completed 6 years of combined regular service in the Grade VIII and feeder grade or have completed 7 years of combined regular service in the feeder grade (Group B gazetted) and basic feeder (Inspector) grade to Grade VIII, whichever is earlier. The officers joined the job as Inspector shall be granted this grade automatically on completion of 10½ years of service on in situ basis even in case of the required number of vacancies not being existed.
Word ‘directly’ should be added in between the words appointed and to in IInd para.
Sl. No. 8         Col. (3)          
(a)  Permanent strength    
(i)           Maximum 10% by Direct Recruitment
(ii)          Minimum 90% by promotion           
(b)  Temporary strength    
-100% by promotion
Col. (4)- Ist para should be substituted as “Minimum 90% of vacancies against permanent strength in Grade VIII (JTS) shall be filled by promotion in accordance of Rule 5(3)a from amongst the following categories of Group B officers in the Central Excise, Customs and Narcotics department by making a combined eligibility list of the officers from amongst all of three feeder categories with reference to the date of completion of the qualifying service of two years by the officers in the respective grade."
Sl. No. 9                                 Should be deleted entirely.
Reason
For Sl. No. 7. : For reasons as already appended against sub-rule 5(5)(i) above. 
For Sl. No. 8. & 9. : For reasons as already appended against Schedule-I above. The changes in sl. No 8 have been detailed against sub rule 5(2) and sub  rule 5(3)(a) of the draft RRs.
Sl. No. 6 : The following para should be added in Col. (4)-
                        Or the officers completing 12 years of service after joining as Inspector. The officers joined the job as Inspector shall be granted this grade automatically on completion of 18 years of service on in situ basis even in case of the required number of vacancies not being existed.
Sl. No. 5 : The following para should be added in Col. (4)-
                        Or the officers entered 17th year on Ist January of the year calculated from the year following the year of examination on the basis of which they were recruited as Inspector or Ist January of the year calculated from the year following the panel year on the basis of which they were promoted as Inspector. The officers joined the job as Inspector shall be granted this grade automatically on completion of 24 years of service on in situ basis even in case of the required number of vacancies not being existed.
Sl. No. 4 : The following para should be added in Col. (4)-
                        Or the officers completing 20 years of service after joining as Inspector. The officers joined the job as Inspector shall be granted this grade automatically on completion of 30 years of service on in situ basis even in case of the required number of vacancies not being existed.
Sl. No. 3 : The following para should be added in Col. (4)-
                        Or the officers completing 23 years of service after joining as Inspector. The officers joined the job as Inspector shall be granted this grade automatically on completion of 34½  years of service on in situ basis even in case of the required number of vacancies not being existed.
Sl. No. 2 : The following para should be added in Col. (4)-
                        Or the officers completing 24 years of service after joining as Inspector. The officers joined the job as Inspector shall be granted this grade automatically on completion of 36 years of service on in situ basis even in case of the required number of vacancies not being existed.
Sl. No. 1: The following para should be added in Col. (4)-
                        Or the officers completing 26 years of service after joining as Inspector. The officers joined the job as Inspector shall be granted this grade automatically on completion of 39 years of service on in situ basis even in case of the required number of vacancies not being existed.
Reason for Sl. No. 1 to 6: It is very necessary to boost the morale of the Inspector & Superintendent level officers already facing extraordinarily acute stagnation whereas their common entry counterparts are attaining the levels of Joint Secretary or above. This shall have the positive impact on Govt revenue. At least in situ promotions at every level after completion of 1½ times of qualifying service can be done based on the precedent of promoting all Section Officers of CSS to the post of Undersecretary (STS) after completion of 1½ of qualifying service in 1999 to boost their morals and increase the efficiency after being recruited as Assistant. They are also being promoted to the post of Joint Secretary on in-situ basis and also being planned to be promoted to the post of Addl. Secretary.    

14. Schedule-IV of RR
Amendment
The following amendments shall be made in respect of sl. No. 8 and sl. No. 9 of Schedule-IV:
Against Sl. No. 8 under column 3 the following shall be substituted.        
                             
Sl. No. 9         To be deleted entirely.
Reason
For reasons as already appended against Schedule-I above and that for a single grade, the constitution of the DPC should be identical. The role of UPSC should be confined to direct recruitment of officers to Group-A at entry level grade. It should not be involved for promotion of officers to Group-A level.


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