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: Sampat
Rai, Vatan Kamble (Central); Anurag Chaudhary, Ravi Joshi (North); A. Ravinder
Singh, Rajan G. George (South); A. S. Roy, Shubhrangshu Deb (East); P. D.
Nimhan, S. K. Jha (West)
Joint Secretaries: Anand
Kishore, Laxmi Lal Singhvi (Central); N. N. Lal, R. K. Solanki (North); G.
Srinath, S. Chandrasekar (South); Ashwini Majhi, V. N. Jha (East); G. K. Jhala,
M. K. Misra (West)
Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob.
09871483585)
(Recognised by G.O.I., Min. of
Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 211/SC/13
Dt. 25.07.13
To,
Ms. Praveen Mahajan,
Chairperson, CBEC,
North Block, New Delhi.
Subject: Recruitment
Rules as per the verdict given by the Hon’ble Supreme Court on 03.08.11 in
C.W.P. No. 385/10 & C.A. No. 1198/05.
Madam,
Kindly refer to the judgement Dt.
11.07.13 of the Hon’ble Supreme Court in the IA’s No. 4/2013 and 5/2013 in W.
P. (C) No. 385/10 as well as IA No. 1/2013 in Civil Appeal No. 1198/2005 and
also the following representations alongwith all the enclosures of the
Association made to CBEC-
i) Ref. No. 144 /11 Dt. 19.08.11,
ii) Ref. No. 161 /11 Dt. 08.09.11,
iii) Ref. No. 164 /11 Dt. 13.09.11,
iv) Ref. No. 168/11 Dt. 15.09.11,
v) Ref. No. 169/11 Dt. 15.09.11,
vi) Ref. No. 170/11 Dt. 19.09.11,
vii) Ref. No. 181/11 Dt. 20.10.11,
viii) Ref. No. 182/11Dt. 20.10.11,
ix) Ref. No. 186/11 Dt.24.10.11,
x) Ref. No. 188/11 Dt.24.10.11,
xi) Ref. No. 189/11 Dt.24.10.11,
xii) Ref. No. 208/11 Dt.22.11.11,
xiii) Ref. No. 224/11 Dt. 27.12.11,
xiv) Ref. No. 42/12 Dt. 17.04.12,
xv) Ref. No. 69/12 Dt. 24.05.12,
xvi) Ref. No. 88/12 Dt. 14.06.12,
xvii) Ref. No. 100/12 Dt. 02.07.12,
xviii) Ref. No. 04/SC/12 Dt.
30.07.12,
xix) Ref. No. 42/SC/12 Dt. 25.09.12,
xx) Ref. No. 45/M/12 Dt.
26.09.12,
xxi) Ref. No. 51/meet/12 Dt.
08.10.12
xxii) Ref. No. 54/SC/12 Dt.
18.10.12,
xxiii) Ref. No. 123/M/13 Dt.
23.05.13
xxiv) Ref. No. 158/M/13 Dt.
12.06.13etc.
etc. and
xxv) all the earlier, contemporary and
in-between representations relating to stagnation.
2.
It is submitted with due regards that the Recruitment Rules framed by the CBEC
on 13.09.12 based on the Board meeting of 16.09.11 are totally unjustifiable,
unfair & inequitable and also unacceptable to the Association. The said Recruitment
Rules will never be able to grant the “just & fair representation” in group
‘A’ to the officers belonging to the Central Excise stream. These are also not
in consonance of the affidavit of the CBEC filed in the court to frame the
“equitable & just” rules. Nothing has been done for Central Excise officers
in this regard despite of the repeated requests of the Association through
various representations sent on regular intervals. They shall still be forced
to work under their juniors of Customs belonging to the same cadre which is
against all the rules, norms & principles of law as well as natural
justice. The “inequality among equals” shall continue by the newly
framed
Recruitment Rules and the Central Excise officers also shall continue to be
discriminated like in the past. “Just & fair representation” is only possible when the
number of the Central Excise officers entered into group ‘A’ at each level in
proportion of their numerical strength. At present, we have only a ratio of 5:4
between promotee group ‘A’ entry level officers belonging to Central Excise stream
and Customs stream which is tilted very extraordinarily in the favour of Customs
stream. The situation is even worse at higher levels. At each promotee group
‘A’ level, the percentage of the Customs stream officers is always more than
45% in comparison of their strength being merely 10% at group ‘B’ executive
level. The Appraisers are merely less than 1.5% while the Examiners are only
less than 1% of total group ‘B’ executive officers.
3.
Your goodself knows very well that Central Excise executive officers are
retiring merely in PB2 while their common entry counterparts are reaching PB4
easily. Central Excise executive officers are even forced to work under their
juniors of Customs recruited in the same cadre on account of the faulty &
discriminatory Recruitment Rules. No DOPT provision
says that a senior relating to same cadre should work under a junior.
This was the reason that the C.W.P. No. 385/10 was filed in the Apex Court and
things were further made clear through written submissions. These written
submissions were also enclosed with the representation sought by the CBEC on
the issue. The Apex Court directed the government to frame the Recruitment Rules
based on the representations made (including earlier/past representations) but,
very unfortunately, no consideration was given to the representations of the
Association. It was expected that the injustice would be undone by framing the
Recruitment Rules in the manner of not forcing a senior to work under his/her
natural junior following the scheme as disclosed by the CBEC during the course
of the presentation of the cadre restructuring made on 18.01.11 saying that a
proposal is already under examination to bring the Inspectors, PO’s and
Examiners of same year at par in the matter of promotions.
4. The Inspectors, PO’s & Examiners enter the job as Inspector
in the same cadre (Inspector only) subdivided by CBEC into three categories without
any justification. All of them are mentioned as Inspector in the Recruitment
Rules. As far as Customs work is concerned, our
Inspector of Central Excise is mentioned as the Inspector of Central Excise
& Land Customs in the Recruitment Rules.
It clearly stipulates that he/she is recruited to perform the duties of Customs
also and he/she has already been performing the same not only throughout the
Land Customs but also on airports, border areas, coastal areas etc. (including
a lot of Excise related Customs work) looking after the bulk work of Customs
(many times more than PO’s & Examiners). The same is the position at group
‘B’ gazetted level as our Superintendent of Central Excise is also to look equally
after the work of Customs including appraisement and already has been looking
after the bulk work of Customs like Inspector. All of 3 streams are merged at
group ‘A’ entry level substantiating again that all of 3 belong to one &
the same cadre at group ‘B’ non-gazetted as well as gazetted level. But very
disappointingly, our officers joining the job as Inspector of Central Excise are
placed decades behind the officers joining the job as Examiner/Appraiser and
also PO upto good extent due to the faulty & discriminatory Recruitment
Rules resulting into discriminatory promotional
avenues for Central Excise stream. These discriminatory promotional avenues
have already been very well admitted by the CBEC on various occasions but no
remedial steps have been taken to undo this discrimination till date. This
discrimination can only be undone by framing of the Recruitment Rules to ascertain parity in promotions with common entry
counterparts.
5.
The discrimination/disparity was duly recognized and reflected by CBEC in the
minutes of Board meeting of 12.01.11 and 18.02.11 also directing its HRD wing
to formulate the device to undo the prolonged injustice. As a result, it was
expected that the common entry counterparts would be brought at par in the
matter of promotions and no senior would be forced to work under any junior.
But nothing has been done till date. Even the ratio of 13:2:1 worked out by
CBEC is absolutely incorrect and not in consonance of the DOPT guidelines.
6. However as per DOPT guidelines under Para
2.2.2 of DOPT OM No. 20011/1/2008-Estt(D) dt. 11.11.10, the fixation of ratio
is not mandated in the case of small number of promotional posts as merely 1%
in our case is not only smaller even than small but it is the smallest. In the
minutes of the Board meeting held on 12.01.11 also, it was said that the mere
change in the existing ratio would be insufficient to address the situation. It
may also be seen under section 18(2)(a) of the original Indian Customs &
Central Excise Service Group ‘A’ Rules, 1987 that the vacancies to be filled by
promotion
should
be filled in accordance with the common seniority list of the three group ‘B’ categories of the officers instead
of any ratio formula. It is reiterated that any ratio formula is never able to
grant “just &
fair
representation” because a category (Customs) ahead of other (Central Excise)
will always remain ahead even if a single post/vacancy even out of thousands or
lacs is given to it.
7.
The Recruitment Rules may kindly be framed without trifurcating the cadre at
Inspector and Group ‘B’ gazetted level by prescribing the qualifying service
based on the OM No. AB-14017/61/2008-Estt.(RR)
dt. 24.03.09 of DOPT (not being followed by CBEC) which clearly stipulates the promotion
of the officer completing 12, 17 & 20 years of service to the grade of JC,
ADC & Commissioner respectively after joining the job as Inspector. The
validity of this OM was also admitted by the CBEC during the presentation on
cadre restructuring proposal on 18.01.11 but they showed their inability to
implement the same due to the want of required number of vacancies. But the
problem of the want of the required number of vacancies may be overcome by adopting
the measures like notional promotions, creation of supernumerary posts or even
in-situ promotions as last option. Thus, the Recruitment Rules should be framed
prescribing the qualifying services as below on the lines of above referred OM
Dt. 24.03.09 of DOPT -
(i) 2 years for promotion to a post with
a grade pay of Rs. 4,800/- after joining as Inspector.
(ii)
7 years for promotion to a post with a grade pay of Rs. 6,600/- after joining
as Inspector (There is no justification of promoting an officer from a grade
pay of Rs. 5,400/- to 5,400/-. It is also submit-worthy that the most of the
group ‘B’ gazetted officers including CSS are being promoted to a senior group
‘A’ post instead of junior group ‘A’ in Central as well as State governments.).
(iii) 12 years for promotion to a post
with a grade pay of Rs. 7,600/- after joining as Inspector.
(iv) 17 years for promotion to a post
with a grade pay of Rs. 8,700/- after joining as Inspector.
(v) 20 years for promotion to a post
with a grade pay of Rs. 10,000/- after joining as Inspector.
(vi) and so on.
8.
Keeping in view the extraordinarily acute stagnation of the Central Excise
executive officers, there should kindly be incorporated the permanent
provisions in the Recruitment Rules framed on the above lines at every level in
addition to the above qualifying services to promote (even
in-situ or otherwise) the officer automatically to the next higher
grade, if his/her stagnation in a grade reaches one & half times of
qualifying service. This will also remove the regional/zonal disparities
being faced by the officers. The draft on Recruitment Rules is enclosed
herewith.
9.
It is also worth to mention that all of the ad hoc promotions made to the post
of Asstt. Commissioner till date are to be regularised as per the directions of
the Hon’ble Supreme Court. The last date granted by the Hon’ble Supreme Court
for this work has already expired but nothing has been done. No regular DPC was
ever conducted for these ad hoc promotions. These ad hoc promotions were also
not made by following any rule. Therefore, the DPC to regularise the ad hoc promotions is required to be conducted as per the Recruitment Rules in force on
the date of DPC to be held and also the provisions of extended panel are to
be applied to the DPC.
10.
In view of the above, it is once again requested that-
i)
the Recruitment Rules may kindly be framed on the basis of the representations
submitted by the Association for the sake of “equity, justice & fairness”
undoing the injustice, discrimination & humiliation being faced by Central
Excise executive officers for decades (draft enclosed).
ii)
the duly substantive speaking orders may also kindly be passed on merit
considering all the issues raised in all
of the representations of the Association.
iii)
the DPC to regularise all ad hoc promotions made to the
post of Asstt. Commissioner may also kindly be conducted as per the Recruitment Rules in force on the date of DPC
duly applying the provisions of extended panel too.
Thanking you,
Yours
faithfully,
Encl:
As above (draft Recruitment Rules)
(RAVI MALIK),
Secretary
General.
DRAFT RECRUITMENT RULES
DRAFT RECRUITMENT RULES
Ministry of Finance, Department
of Revenue
NOTIFICATION
New Delhi, the , 2013
New Delhi, the , 2013
G.S.R. (E).— In exercise of the powers conferred by
the proviso to article 309 of the Constitution, the President hereby
makes the following rules, namely
1.
Short title and commencement.-(1) These
rules may be called the Central Excise, Customs and Service Tax Service Rules, 2013.
(2) These will come into force on the date of their
publication in the Official Gazette.
2.
Definitions— In these rules, unless the
context otherwise requires.-
(a)
"appointing authority" in relation to any grade means the authority empowered
under the Central Civil Services (Classification, Control and Appeal) Rules,
1965 to make appointments to that grade;
(b) "appointed day"
means the date on which these rules come into force;
(c) "approved service"
in relation to any grade means;
(i)
in respect of an officer
recruited directly to that grade, period or periods
of regular service rendered in that grade, including
period or periods of absence during which he would have held a
post on regular basis in that grade but for his
being on leave or otherwise not being available
to hold such post, from the first day of July of the year, following
the year in which the examination for direct recruitment was held;
(ii) in respect of an officer recruited to
that grade on the basis of length of service in the lower grade,
period or periods of regular service rendered in
that grade, including period or periods of absence during which he would
have held a post on regular basis in that grade but for his being on
leave or otherwise not being available to hold such post, from the first
day of July of the year for which the recruitment was made:
Provided
that where there is delay of more than ninety days in joining on appointment,
in any of the cases mentioned in the sub clauses (i) and
(ii) above, such delay should not be due to any fault on the part of the officer;
(d)
"authorised strength" in
relation to any grade of the Service means the strength
of duty posts in that grade, as specified in rule 5, against which regular
appointments may be made;
(e)
"cadre' means the group of
posts in the grades of Commissioner
or above, Addl. Commissioner
(Grade-III- NFSG of Junior Administrative Grade),
Joint Commissioner (Grade-IV- Junior Administrative Grade),
Deputy Commissioner (Grade-V-Senior Time Scale), Superintendent
and Inspector of Central Excise, Customs and Service Tax in any of the Central
Excise, Customs and Service Tax Zone specified in
column (2) of the First Schedule and in all the Offices specified against such
Zone in column (3) of that Schedule;
"Cadre-unit" means the
Central Excise, Customs and Service Tax Zone as specified in
column (2) of the First and Second Schedule;
(g)
"Cadre Controlling
Authority" in relation to officers appointed to any grade of
Central Excise, Customs and Service Tax means
the Central Board of Excise and Customs (CBEC) in
the Department of Revenue under the Ministry of Finance;
(h)
"cadre officer" in
relation to any grade means a member of the Central Excise,
Customs and Service Tax Service;
(i)
"Commission" means the Staff
Selection Commission;
(j)
"Common seniority list" in relation to any
grade means the seniority list of officers
of that grade serving in all the cadre
units specified in the First Schedule as on the appointed day and revised annually in accordance with the regulations issued by the
CBEC as per the guidelines issued by the Department of Personnel and Training
(DOPT).
(k) "direct recruit" means a person recruited
on the basis of a competitive examination through
the Staff Selection Commission;
(1) "duty post" in relation to any Grade of the
service means a Cadre post held by officers of the service on a
substantive basis in any post specified in the second
Schedule;
(m)
"grade" means any of
the grades specified in Rule 3.
(n)
"prescribed" means
prescribed by the rules made by the Central Government
under these rules;
(o)
"permanent officer"
means a person who has been confirmed in Service;
(p)
“probationer" means an
officer directly recruited to the Inspector grade;
(q)
"range of seniority" in
relation to any grade means the zone of consideration in
the common seniority list for
that grade specified by the
Central Board of Excise and Customs in the Department of Revenue under the
Ministry of Finance for holding of meeting of Departmental Promotion Committee
(DPC) for promotion and preparation of Select List in accordance with the
guidelines issued by the Department of Personnel and Training (Ministry
of Personnel, Public Grievances and Pensions).
(r)
“regular officer" in
relation to any grade means a person who has been appointed
against a regular vacancy either through direct recruitment or
through promotion
from Select List and who has completed the period of probation (in the case of
direct recruit) under rule 13 to the
satisfaction of the appointing authority;
(s) "regular
vacancies" in relation to a grade includes vacancies arising out of death,
retirement, promotion, resignation, deputation or transfer or long leave of incumbents;
(t) "Schedule"
means a Schedule to these rules;
(u) "Select
List" in relation to the Commissioner & above, Addl.
Commissioner (Grade III),
Joint Commissioner (Grade IV), Deputy Commissioner (Grade-V), Superintendent
and Inspector means the Select List or Panel prepared in
accordance with the guidelines issued by the DOPT to be followed by the DPC for
promotion to that grade.
(v) "Service"
means the Central Excise,
Customs and Service Tax Service;
3.
Composition
of the Service.- (1)
There shall be six Grades in the
Service
which are classified into two groups as given below:‑
S.No.
|
Group
of
post/grade |
Grade
|
Classification .
|
(1)
|
(2)
|
(3)
|
(4)
|
1
|
A
|
Above
|
Central
Civil Service Group A
Executive
|
2
|
A
|
Commissioner
|
Central
Civil Service Group A
Executive
|
3
|
A
|
Additional Commissioner
(Grade-III- NFSG of Junior Administrative Grade)
|
Central
Civil Service Group A
Executive |
4
|
A
|
Joint Commissioner (Grade-IV-
Junior Administrative Grade)
|
Central
Civil Service Group A
Executive |
5
|
A
|
Deputy Commissioner
(Grade-V-Senior Time Scale)
|
Central
Civil Service Group A
Executive |
6
|
A
|
Superintendent
|
Central
Civil Service Group A
Executive (the counterparts of our Inspectors are promoted to group A in IB, CBI etc. and also Hindi/official language wing of CBEC) |
7
|
B
|
Inspector
|
Central
Civil Service Group B
Executive |
(2) The posts in the
Commissioner & above, Additional Commissioner, Joint Commissioner,
Deputy Commissioner and Superintendent Grade will be gazetted post and those
in the Inspector Grade will be non-gazetted post.
4. . Combined
Gradation List of Officers of the Central Excise, Customs and Service Tax Service.
– (1) There shall
be a single combined gradation list called Common Seniority
List for each grade of the Service specified in rule 3.
(2) The Common Seniority List for
each grade of the Service shall be prepared as on 1st January of every year.
5. The authorized cadre strength
of the Service.- (1) The authorized strength
of various Grades of the Service
shall be as specified in Table below:-
Table (on the basis of CR proposal in 2010-11, CSS cadre strength &
DOPT OM No. AB. 14017/48/2010-Estt (RR) dated 31.12.2010) (subject to change as
per cadre restructuring after every 5 years particularly in r/o stagnation)
S.No.
|
Name
of the Grade
|
Sanctioned
strength
Existing/
Proposed
|
(1)
|
(2)
|
(3)
|
1
|
Above
|
1/3rd of 725
|
2
|
Commissioner
|
725(1/3rd of 2173)
|
3
|
Additional Commissioner
(Grade-III- NFSG of Junior Administrative Grade)
|
2173 (in proportion of DS to Director in CSS)
|
4
|
Joint Commissioner (Grade-IV-
Junior Administrative Grade)
|
3358 (1/3rd of 10073)
|
5
|
Deputy Commissioner
(Grade-V-Senior Time Scale)
|
Existing 775 (being 50% of AC and DC posts)+new
9298. Total (10073) in proportion of SO to US in CSS
|
6
|
Superintendent
|
21585(proposed originally by CBEC as in 2010-11))
|
7
|
Inspector
|
31104 (proposed originally by CBEC as in 2010-11))
|
TOTAL
|
69260
|
|
Notes: i)
Total posts in the grade of Asstt/Deputy Commissioners are 1550 and so 50% for
promotion comes to 775 only.
ii)
Posts in the corresponding grades under CSS Rules of Assistants grade, SO, US
(Grade-I), Dy. Secretary, Director and even higher grade of Joint Secretary are
4904, 3000, 1400, 340, 220 (raised from 110 on CR in July 2010) and 40 (in-situ
basis on CR in July 2010) respectively
(2) There shall be a Deputation Reserve of twenty
percent, Leave Reserve of three percent and Training Reserve of one percent of
the sanctioned strength of officers of Grade of Deputy Commissioner and above.
(3) The percentage of posts referred to under sub-rule
(2) of this rule shall be in addition
to the sanctioned strength indicated under column (3) of the Table referred to in sub-rule (1) in respect of
posts mentioned against serial number 1 to 5.
(4) The
existing posts of Asstt./ Deputy Commissioner (Group-A JTS/STS) already filled
by promotion under IC&CE Service Rules,1987 shall be reduced from the above
strength and be not filled under these rules till these posts are vacated by
the incumbents.
(5) The posts in the grade of Joint Commissioner to
Commissioner and above shall be included in the strength of Deputy Commissioner
till such time the eligible persons for promotion are not available under these
rules.
(6)The rules will be
implemented first bringing parity in promotions for common entry counterparts
of CBEC, i.e., Inspectors, PO’s & Examiners.
6. The
cadre unit-wise distribution of posts of different grades of the Central Excise,
Customs and Service Tax Service cadre
mentioned in rule 5 above is given in the Second Schedule.
7. Initial
Constitution of a Cadre unit.- The regular officers for all
grades of the Service on the day on which a cadre-unit is
initially constituted shall be determined by the Central Government.
8. Posting
of cadre officers.- Every
cadre officer shall, unless he is on leave or otherwise not available
for holding a duty post, be posted against a duty post of the appropriate Grade in the cadre unit.
9.
Duty posts to be held by cadre officers.- Every
duty post in the Service shall be held by a cadre officer
of appropriate grade.
10.
Confirmation.- Confirmations
of all Central Excise, Customs and Service Tax Service officers
shall be made only once at the entry level into the
Service.
11. Recruitment to Commissioner & above, Senior Selection
Grade, Selection Grade and Grade I.‑
(1)
Regular vacancies in the Grade
above the Commissioner
shall be filled by promotion of regular officers of Commissioner
Grade who have rendered not less than twenty three years
approved service after joining in
Inspector Grade and are included in the Select List or Panel
for the said Grade prepared and published annually as per the procedure
prescribed by the DOPT for holding of DPC meeting for such promotion. The
officer will be promoted to above the Commissioner grade on in-situ basis as
and when he/she completes thirty four & half years of service
after joining in Inspector Grade, if he/she is not promoted to above
the Commissioner Grade
within qualifying service.
(2)
Regular vacancies in the Commissioner
Grade shall be filled by promotion
of regular officers of Addl. Commissioner Grade
who have rendered not less than twenty years approved service after joining in Inspector Grade and are
included in the Select List or Panel for the said Grade prepared and published
annually as per the procedure prescribed by the DOPT for holding of DPC meeting
for such promotion. The officer will be promoted to the Commissioner grade on
in-situ basis as and when he/she completes thirty years of service
after joining in Inspector Grade, if he/she is not promoted to the Commissioner Grade
within qualifying service. The officer
further will automatically be granted the Chief Commissioner scale after thirty
four & half years of service.
(3)
Regular vacancies in the Additional
Commissioner (Grade-III- NFSG of Junior Administrative Grade) Grade
shall be filled by promotion of regular officers of Joint
Commissioner Grade who have rendered not less than seventeen years of approved service after joining in Inspector Grade and are
included in the Select List or Panel for the said Grade prepared and published
annually as per the procedure prescribed by the DOPT for holding of DPC meeting
for such promotion. The officer will be promoted to the Addl. Commissioner
grade on in-situ basis as and when he/she completes twenty five & half
years of service after joining in Inspector Grade, if he/she is not promoted to the Addl. Commissioner Grade
within qualifying service.
(4)
Regular vacancies in the Joint
Commissioner (Grade-IV- Junior Administrative Grade) Grade
shall be filled by promotion of regular officers of Deputy
Commissioner Grade who have rendered not less than twelve
years
approved service after joining in
Inspector Grade and are
included in the Select List or Panel for the said Grade prepared and
published annually as per the procedure prescribed by the DOPT for holding of
DPC meeting for such promotion. The officer will be promoted to the Joint
Commissioner grade on in-situ basis as and when he/she completes eighteen years
of service after joining in Inspector Grade, if he/she
is not promoted to the
Joint Commissioner
Grade within qualifying
service.
(5)
Regular vacancies in Deputy
Commissioner (Grade-V-Senior Time Scale) Grade
shall be filled by promotion of regular officers of the
Superintendent Grade who have rendered not less than seven years approved
service after joining in Inspector Grade and are included in the
Select List or Panel for the said Grade
of the Service prepared and published annually as per the procedure prescribed by the DOPT for
holding of DPC meeting for such promotion. The officer will be promoted to the
Deputy Commissioner grade on in-situ basis as and when he/she completes ten
& half years of service after joining in Inspector Grade, if he/she is not promoted to the Deputy Commissioner Grade
within qualifying service.
(6)
Regular vacancies in Superintendent Grade
shall be filled by promotion of regular officers of the Inspector
Grade who have rendered not less than two years approved service after joining in Inspector Grade and are included in the Select List or Panel for the Superintendent Grade prepared and published annually as per the procedure prescribed by the DOPT for
holding of DPC meeting for such promotion.
12.
Recruitment to the Inspector Grade. –
(a)
Sixty seven per cent of the regular vacancies in the Inspector Grade in the
cadre shall be filled by direct recruitment of graduates as may
be notified by the Central Board of Excise and Customs on
the basis of results of a Competitive Examination held by the Staff Selection
Commission once in a year for this purpose. The remaining thirty three percent
vacancies shall be filled by promotion on the basis of seniority from Senior Tax Assistants of the respective Cadre
units.
(b) The
appointments of the persons whose names have been included in the Select
List shall be made in the order of seniority in that Select List. For the purpose
of this rule a Select List or panel for the Inspector Grade shall be prepared
and published annually as per the procedure
prescribed by the DOPT for holding of DPC meeting for such promotion.
13.
Probation.- (1) Every officer directly
recruited to the Inspector Grade shall initially be
appointed on probation, the period of probation being two years from the date
of appointment.
(2)
The period of probation specified
in sub-rules (1) may, if the appointing authority deems fit, be extended in any
case, but the total period of extension of probation shall not,
save where it is necessary by reason of any departmental
or legal proceedings pending against the officer, exceed one year.
(3)
During probation, a member of the
Service may be required to undergo such training and to qualify
such tests as the Central Board of Excise and Customs may prescribe from time to
time.
14.
Confirmation of probationers.- Until a probationer appointed to Inspector
Grade of the Service has completed his probation in a manner to be determined
by Regulations to the satisfaction of the appointing authority, he shall not be eligible for
confirmation in Service. An officer shall continue to be on probation till he is confirmed under this rule or
is discharged or reverted under rule 15. He/she will automatically be confirmed
as soon as he/she completes the probation period.
15.
Discharge or reversion of probationers.- (1) A
probationer who has no lien on any post under the
Central Government or any State Government shall be liable
to be discharged from the Service at any time if on the basis of
his performance or conduct during probation, he is considered unfit for further
retention
in the Service.
(2)
A probationer who holds a lien on a post under the Central Government or any
State Government may be reverted to such post at any time for the reasons specified
in sub-rule (1).
(3)
A probationer who is not
considered suitable for confirmation at the end of the
period of probation specified in sub-rule (1) of rule 13 or at the end of the extended
period of probation, if any, under sub-rule (3) of that rule, shall be discharged
or reverted in accordance with sub-rule (1) or sub-rule (2), as the case may
be.
(4)
A member of the Service on
probation in Inspector Grade who is not considered suitable for
continuance in that Grade during or at the end of the period
of probation specified in sub-rule (2) of rule 13 or the extended period, if any,
under sub-rule (3) of that rule, shall be reverted to the next lower grade of
the Service or to the concerned grade of the Ministerial
Service of the Department, as the case may be, from which he was
appointed on probation to the grade of the Service.
16. Seniority.-
(1) The relative seniority of members of the
Service appointed to any Grade before the appointed day shall be
regulated by their relative seniority as determined before the said date:
Provided
that, if the seniority of any such officer had not been specifically
determined before the said date, it shall be as determined by the Central Board of Excise and Customs as per the guidelines issued by the DOPT.
determined before the said date, it shall be as determined by the Central Board of Excise and Customs as per the guidelines issued by the DOPT.
(2)
The seniority of persons appointed to any Grade after the appointed day shall be determined as
follows, namely: -
I.
Commissioner & above, Additional Commissioner, Joint
Commissioner, Deputy Commissioner and Superintendent Grade.‑
The inter-se seniority of
officers appointed to the Grade after the appointed day
shall be regulated by the order in which their names are included in the Select
List for the Grade:
II.
Inspector’s Grade.-
(i)
Regular Officers
(a) Direct recruits shall be
ranked inter-se in the order of merit reckoned on the
basis of final ranking obtained in the examination
conducted by the Staff
Selection
Commission, the recruits of an earlier examination
being ranked senior to those of a later examination:
(b) Persons
appointed regularly to a Grade from the Select List for the Grade shall
be ranked inter-se according to the order in which they are so appointed;
(c) The
relative seniority of direct recruits to a Grade and persons regularly appointed
to the Grade from the Select List for the Grade shall be regulated in accordance
with the provisions of Regulations made in this behalf by the CBEC as per the
guidelines issued by the Department of Personnel and
Training.
17. Pay.- The
scales of pay attached to the various Grades of the Service shall be as
follows: -
Note: The non-functional pay scale of Rs 15600-39100
(PB-3) +Rs6600 (Grade Pay) is admissible to the
Superintendent grade of the Service on completion of 4
years of approved service in that grade. The Superintendents, who are granted
this non-functional pay scale will continue to remain in Superintendent cadre and
their eligibility for promotion to the Deputy Commissioner Grade of the
Service will be reckoned on the basis of total period, spent in both the scales
of Superintendent, counted together.
18. Regulation of Pay.- (1) The pay and
increments of officers of the various
Grades shall be regulated in accordance
with the Rules relating to pay of Central Civil Services.
19.
Inter-cadre transfers.-- The Central Board of Excise and
Customs shall be the competent authority to transfer a cadre
officer of any Grade from one cadre unit to another in accordance
with the guidelines framed in this regard.
20.
Constitution
of new cadre units.- (1) The CBEC shall
be the competent authority to amend, modify, merge and create additional cadre units as given in the First Schedule.
(2)
The authorised strength and the regular officers in each Grade in any new cadre
unit initially constituted under sub-rule (1) shall be as determined by the CBEC.
(3) After a new cadre unit has
been constituted under sub-rule (1) and its initial
constitution determined under sub-rule (2), all the other provisions of these rules shall apply to such
cadre unit.
21.
Regulations.- The
CBEC may make regulations, not inconsistent with these rules, to
provide for all matters for which provision is necessary or expedient, for the
purpose of giving effect to these rules.
22. Residuary
matters.- In regard to matters not
specifically covered by these rules or by regulations or
orders made or issued there under, or by special orders,
the members of the Service shall be governed by the rules, regulations and orders applicable to the
Central Civil Services in general.
23.
Power to relax. - Where the Central Government is
satisfied that the operation
of any of these rules causes undue hardship in
any class or category of persons
or posts, it may dispense
with or relax the requirement of the rule to such extent and subject to such conditions, as it may consider
necessary.
24.
Repeal and savings.- The Recruitment
Rules, as
amended from time to time, in force
before the commencement of these rules in respect of the
grades referred to in these Rules are hereby repealed or
deemed to be amended subject to any notification, rule, regulation, order or notice issued, or
any appointment or declaration
made, or exemption granted or any
penalty or fine imposed or any other
thing done or any other action taken under the previous rules or regulations and in force immediately before such
commencement shall so far as
it is not inconsistent
with the provisions of these rules, be
deemed to have been issued, made, granted, done or taken under the corresponding
provisions of these rules.
25. Reservations.- Nothing in
these rules shall affect reservations, relaxation and other concessions required to be provided
for the Scheduled Castes and the Scheduled Tribes and other
special categories
of persons in accordance with the orders issued by the Central Government from time to time in this
regard.
26.
Interpretation.- Where
any doubt arises as to the interpretation of any of the provisions of these rules, or the regulations
made there under, the matter shall be
referred to the CBEC who will decide the matter in consultation with the DOPT.
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
|
|||||||
