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. 137/P/14
Dt. 02.07.14
To,
Sh. B. B. Agrawal,
The Commissioner, Study
Group for removal of stagnation of Group B officers,
New Delhi.
Sub: Parity with the best placed counterparts like
CSS etc.
Sir,
It is submitted with due regards
that our officers are retiring only with single promotion at a PB2 post in the
career of 35-40 years after entering the job as Inspector of Central Excise in
PB2 while our counterparts of CSS, CSSS, Rajya Sabha Secretariat, CBDT etc.
recruited in PB2 are easily attaining the PB4 levels after getting 5/6
promotions despite of our officers being performed hazardous & arduous
duties during the course of discharging executive as well as quasi-judicial
functions taking every risk on life of self & family on account of
countering with the white collared criminals, habitual revenue offenders &
dreaded hardcore smugglers alongwith tremendous administrative pressures.
2. Govt. has adopted measures to
bring parity, functional or non-functional, among common entry group ‘A’
officers but no such measures are being taken for group ‘B’ officers. The IRS
officers of CBEC got the parity with their common entry counterparts of CBDT in
the last cadre restructuring and with other better placed group ‘A’ common
entry counterparts including IAS in the current cadre restructuring. Every
effort is also being made to promote group ‘A’ officers of CBEC within
qualifying service but no such effort has ever been made to promote Central
Excise group ‘B’ executive officers in consonance of DOPT guidelines.
3. On account of no efforts being made
to bring group ‘B’ common entry counterparts at par, there is huge
discriminatory disparity between Central Excise group ‘B’ executive officers
and other counterparts. As a result, the counterparts of CSS, CSSS, Rajya Sabha
Secretariat, CBDT etc. are easily attaining the level of Joint Secretary &
Commissioner while Central Excise group ‘B’ executive officers are forced to
retire as Superintendent after single promotion barring 1%. This has made a
huge discriminatory difference between their salaries, pension and other
pre/post-retirement benefits. The current cadre restructuring of CBEC shall
also not be able to undo the continuous discrimination being made to the
Central Excise group ‘B’ executive officers. Only some of them will merely be able
to enter into junior group ‘A’ at the fag end of the career as a result of the
said cadre restructuring because of the temporary posts of Asstt. Commissioner
(JTS level) created only for 5 years with the condition that the officers promoted against these posts
would not be eligible for further promotion.
4. In view of the above, it is necessary
to take some concrete steps independent of cadre restructuring to bring Central
Excise group ‘B’ executive officers at par with their best placed common entry
counterparts of CSS etc. on the lines of group ‘A’. Otherwise the Central
Excise executive officers shall keep working under their juniors even of
Customs recruited in the same cadre of Inspector in the same organisation of
Central Board of Excise & Customs (CBEC). The Inspector cadre has been
trifurcated by the CBEC into three categories without any justification, i.e.,
Inspector of Central Excise, Preventive Officer of Customs and Examiner of
Customs (all analogous posts) recruited through the same competitive
examination under same eligibility conditions in the same organization of CBEC of the same Department of Revenue in the same Ministry of Finance
having same administrative hierarchy and performing same nature of job of tax
collection but with huge discriminatory difference in promotional avenues
(admitted by CBEC). All of these are mentioned as “Inspector only” in the recruitment rules and other relevant
documents getting next promotion as Superintendent of Central Excise,
Superintendent of Customs and Appraiser of Customs (again all analogous posts)
respectively at group ‘B’ gazetted level performing again same nature of job.
The single cadre trifurcated at the level of
Inspector
is re-merged at the level of Asstt.
Commissioner (JTS group ‘A’ entry level) placing Central Excise Inspectors
2 decades behind the Examiners of Customs. The Central Excise stream officers
work in all of the three streams of the CBEC, i.e., Central Excise, Service Tax
and Customs. On the other hand, the Customs stream officers work only in the
Customs stream but they are posted to Central Excise and Service Tax after
entry into group ‘A’. Thus, it is even more surprising that a junior officer
having worked only in the Customs stream and having no knowledge of Central
Excise or Service Tax heads his seniors of Central Excise and Service Tax. Such
a horrible situation of humiliation and discrimination to work under an extreme
junior happens only in the organization of CBEC which is neither justifiable by
any rule of law nor any principle of natural justice.
5. The parity, functional or
even non-functional, with the common entry counterparts may be adopted by
taking the measures like below-
(a) Time bound promotions/scales: Time scales after every 7 years were also recommended by CBEC to 6th CPC
vide F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07 as one of the measures for these officers. No posts will be required to be created for
the grant of time scale after every 7 years.
(b) Notional promotions granting batch to batch parity with the best
placed common entry counterparts like CSS etc. There already exist so many
legal verdicts in the favour of various employees of many other organizations
on notional promotions.
(c) Creation of supernumerary posts which will be personal to the
officer at each level of the promotion and will be abolished with the
retirement of the officer. There already exist so many legal verdicts in the
favour of various employees of many other organizations on supernumerary posts.
(d) Creation of separate service: It was also recommended to 6th CPC vide F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07 as one
of the measures. The draft RR’s for separate service have already been submitted
to the CBEC by the Association (enclosed herewith also). The separate service
for group ‘B’ officers has also been recommended on various occasions by the
CBEC and also by the IRS Officers Association. This may be created by taking
all of the vacant posts (after implementation of cadre restructuring) at group
‘A’ level+half of STS posts+half of JTS regular posts by upgrading these to
STS+all of temporary JTS posts (instead of abolishing after 5 years) by
upgrading these to STS (with the provision of promoting Superintendents
directly to STS)+additional posts at each level in proportion to CSS.
(e) Direct promotion to higher post/s: Customs Ministerial
officers are being promoted as Appraiser without working even for a single day
on feeder post of Examiner in CBEC. Likewise, our officers may also kindly be
promoted directly to the higher posts at par with common entry counterparts.
(f) In-situ promotions (requiring no creation of posts) after
completion of residency periods as prescribed by the DOPT and explained under
the forthcoming sub para (i).
(g) Batch to batch functional
upgradation at par with the
best placed common entry counterparts.
(h) Batch to batch non-functional
upgradation at par with the best placed common entry counterparts like CSS etc. (also requiring no creation of posts)
based on the precedent of DOPT OM No. AB.14017/64/2008-Estt.(RR)
dt. 24.04.09 granting NFU to other group ‘A’ officers at par with IAS (detailed
in the Ref. No. 138/NFU/14 Dt. 02.07.14 being sent simultaneously alongwith
this representation).
(i) Re-framing the recruitment rules prescribing the qualifying services in
consonance of the DOPT OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09 without
trifurcating the cadre at group ‘B’ non-gazetted/group ‘B’ gazetted level. This
OM stipulates the promotion of the Inspector grade to
the grade of Joint Commissioner, Additional Commissioner & Commissioner
respectively after completion of 12, 17 & 20 years of service. The validity
of this OM was also not questioned by CBEC during the presentation of cadre
restructuring proposal made on 18.01.11 but CBEC showed its inability to
implement the same due to the want of the required number of vacancies/posts.
Regarding the want of the required number of vacancies/posts, it is requested
that the officers may kindly be
granted in-situ promotions (also requiring
no creation of posts) after completion of the prescribed
service/residency period prescribed vide above OM independent of cadre restructuring. No need
to submit that the residency periods have been prescribed by the DOPT vide above
mentioned OM with the due diligence and application of mind without intending
to fulfill mere decorative purpose. A little deviation from these guidelines
prescribed may be understood but the non-implementation of the same at all is
never understandable. If the grant of the prescribed grade is not possible
within 20 years, we may be granted the same after completion of 21, 22, 23, 24,
25, 26,
27,
28, 29 or even 30 years (after
completion of 1½ times of qualifying service based on the precedent of CSS of promoting all the Section Officers to
the STS post of Under Secretary after completion of 1½ times of qualifying
service in 1999). The said residency periods, prescribed by the nodal
department of DOPT, are required to be followed strictly without any deviation
to frame the recruitment rules. Any increase in the prescribed periods will
again enhance the gross injustice being faced by the Central Excise Group B
executive officers for decades. It will merely amount to killing of the patient
to kill the illness.
6. The claim of the Central Excise
Superintendents becomes even stronger on account of the judicial powers granted
to them to adjudicate the relevant cases and recording statements like a
Magistrate under Section 14 of Central Excise Act and Section 108 of Customs
Act having validity even before the Supreme Court. Not only it, the
Adjudication Orders are also being prepared by them for the Commissioner level
officers. No such powers have been granted to any Group ‘B’ Gazetted officer of
the Govt. of India.
7.
Keeping in view the above submissions, it is requested that the due steps may
kindly be taken independent of cadre restructuring to devise the specific
scheme (by means of functional or even non-functional financial upgradation)
for bringing the Central Excise group ‘B’ executive officers at par with their
best placed common entry counterparts like CSS etc. on batch to batch basis
after entry into group B non-gazetted or equivalent grade. It is also the
only way to remove the Intra-Central Excise Zonal disparities being existed in
CBEC.
Thanking you,
Yours
faithfully,
Encl: As above
(draft RRs).
(RAVI
MALIK),
Secretary General.
Copy
with the request for necessary action to:
Sh.
Parkash Chand, Member, Study Group for removal of
stagnation of Group B officers.
(RAVI MALIK)
DRAFT
Ministry of Finance, Department
of Revenue
NOTIFICATION(DRAFT)
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 andService Tax
Service Rules, 2013.
(2) These will come into force on the date of their
publication in the Official Gazette.
2.
Definitions— In these rules, unless the
context otherwise requires.-
(a)
"appointing authority" in relation to any grade means the authority empowered
under the Central Civil Services (Classification, Control and Appeal) Rules,
1965 to make appointments to that grade;
(b) "appointed day"
means the date on which these rules come into force;
(c) "approved service"
in relation to any grade means;
(i)
in respect of an officer
recruited directly to that grade, period 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 ofCommissioner or above, Addl.
Commissioner (Grade-III- NFSG of Junior Administrative Grade),
Joint Commissioner (Grade-IV- Junior Administrative Grade),
Deputy Commissioner (Grade-V-Senior Time Scale), Superintendent
and Inspector of Central Excise, Customs and Service Tax in any of the Central
Excise, Customs and Service Tax Zone specified in
column (2) of the First Schedule and in all the Offices specified against such
Zone in column (3) of that Schedule;
"Cadre-unit" means the
Central Excise, Customs and Service Tax Zone as specified in
column (2) of the First and Second Schedule;
(g)
"Cadre Controlling
Authority" in relation to officers appointed to any grade of
Central Excise, Customs and Service Tax means
the Central Board of Excise and Customs (CBEC) in
the Department of Revenue under the Ministry of Finance;
(h)
"cadre officer" in
relation to any grade means a member of the Central Excise,
Customs and Service Tax Service;
(i)
"Commission" means the Staff
Selection Commission;
(j)
"Common seniority list" in relation to any
grade means the seniority list of officers
of that grade serving in all the cadre
units specified in the First Schedule as on the appointed day and revised annually in accordance with the regulations issued by the
CBEC as per the guidelines issued by the Department of Personnel and Training
(DOPT).
(k) "direct recruit" means a person recruited
on the basis of a 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 listfor that grade
specified by the Central Board of Excise and Customs in the
Department of Revenue under the Ministry of Finance for holding of meeting of
Departmental Promotion Committee (DPC) for promotion and preparation of Select
List in accordance with the guidelines issued by the Department of Personnel
and Training (Ministry of Personnel, Public Grievances and
Pensions).
(r)
“regular officer" in
relation to any grade means a person who has been appointed
against a regular vacancy either through direct recruitment or
through promotion
from Select List and who has completed the period of probation (in the case of
direct recruit) under rule 13 to the
satisfaction of the appointing authority;
(s) "regular
vacancies" in relation to a grade includes vacancies arising out of death,
retirement, promotion, resignation, deputation or transfer or long leave of incumbents;
(t) "Schedule"
means a Schedule to these rules;
(u) "Select
List" in relation to the Commissioner& above, Addl.
Commissioner (Grade III),
Joint Commissioner (Grade IV), Deputy Commissioner (Grade-V), Superintendent
and Inspector means the Select List or Panel prepared in
accordance with the guidelines issued by the DOPT to be followed by the DPC for
promotion to that grade.
(v) "Service"
means the Central Excise,
Customs andService Tax Service;
3.Composition
of the Service.-(1) There shall be six Grades in
the
Service
which are classified into two groups as given below:‑
S.No.
|
Group
of
post/grade |
Grade
|
Classification .
|
(1)
|
(2)
|
(3)
|
(4)
|
1
|
A
|
Above
|
Central
Civil Service Group A
Executive
|
2
|
A
|
Commissioner
|
Central
Civil Service Group A
Executive
|
3
|
A
|
Additional Commissioner
(Grade-III- NFSG of Junior Administrative Grade)
|
Central
Civil Service Group A
Executive |
4
|
A
|
Joint Commissioner (Grade-IV-
Junior Administrative Grade)
|
Central
Civil Service Group A
Executive |
5
|
A
|
Deputy Commissioner
(Grade-V-Senior Time Scale)
|
Central
Civil Service Group A
Executive |
6
|
A
|
Superintendent
|
Central
Civil Service Group A
Executive (the counterparts of our Inspectors are promoted to group A in IB, CBI etc. and also Hindi/official language wing of CBEC) |
7
|
B
|
Inspector
|
Central
Civil Service Group B
Executive |
(2) The posts in theCommissioner& above, Additional
Commissioner, Joint Commissioner, Deputy Commissioner and Superintendent Grade will
be gazetted post and those in the Inspector Grade will be non-gazetted post.
4. . Combined
Gradation List of Officers of the Central Excise, Customs and Service Tax Service.
– (1) Thereshall
be a single combined gradation list called Common Seniority
List for each grade of the Service specified in rule 3.
(2) The Common Seniority List for
each grade of the Service shall be prepared as on 1st January of every year.
5. The authorized cadre strength
of the Service.- (1) The authorized strength
of various Grades of the Service
shall be as specified in Table below:-
Table (on the basis of CR proposal in 2010-11, CSS cadre strength &
DOPT OM No. AB. 14017/48/2010-Estt (RR) dated 31.12.2010) (subject to change as
per cadre restructuring after every 5 years particularly in r/o stagnation)
S.No.
|
Name
of the Grade
|
Sanctioned
strength
Existing/
Proposed
|
(1)
|
(2)
|
(3)
|
1
|
Above
|
1/3rd of 725
|
2
|
Commissioner
|
725(1/3rd of 2173)
|
3
|
Additional Commissioner
(Grade-III- NFSG of Junior Administrative Grade)
|
2173 (in proportion of DS to Director in CSS)
|
4
|
Joint Commissioner (Grade-IV-
Junior Administrative Grade)
|
3358 (1/3rd of 10073)
|
5
|
Deputy Commissioner
(Grade-V-Senior Time Scale)
|
Existing 775 (being 50% of AC and DC posts)+new
9298. Total (10073) in proportion of SO to US in CSS
|
6
|
Superintendent
|
21585(proposed originally by CBEC as in 2010-11))
|
7
|
Inspector
|
31104 (proposed originally by CBEC as in 2010-11))
|
TOTAL
|
69260
|
|
Notes: i)
Total posts in the grade of Asstt/Deputy Commissioners are 1550 and so 50% for
promotion comes to 775 only.
ii)
Posts in the corresponding grades under CSS Rules of Assistants grade, SO, US
(Grade-I), Dy. Secretary, Director and even higher grade of Joint Secretary are
4904, 3000, 1400, 340, 220 (raised from 110 on CR in July 2010) and 40 (in-situ
basis on CR in July 2010) respectively
(2) There shall be a Deputation Reserve of twenty
percent, Leave Reserve of three percent and Training Reserve of one percent of
the sanctioned strength of officers of Grade of Deputy Commissioner and above.
(3) The percentage of posts referred to under sub-rule
(2) of this rule shall be in addition
to the sanctioned strength indicated under column (3) of the Table referred to in sub-rule (1) in respect of
posts mentioned against serial number 1 to 5.
(4) The
existing posts of Asstt./ Deputy Commissioner (Group-A JTS/STS) already filled
by promotion under IC&CE Service Rules,1987 shall be reduced from the above
strength and be not filled under these rules till these posts are vacated by
the incumbents.
(5) The posts in the grade of Joint Commissioner to
Commissioner and above shall be included in the strength of Deputy Commissioner
till such time the eligible persons for promotion are not available under these
rules.
(6)The rules will be
implemented first bringing parity in promotions for common entry counterparts
of CBEC, i.e., Inspectors, PO’s & Examiners.
6. The
cadre unit-wise distribution of posts of different grades of the Central Excise,
Customs andService Tax Service cadre mentioned in rule 5 above is given in the Second
Schedule.
7.Initial
Constitution of a Cadre unit.-The regular officers for all
grades of the Service on the day on which a cadre-unit is
initially constituted shall be determined by the Central Government.
8. Posting of cadre officers.-Every
cadre officer shall, unless he is on leave or otherwise not available
for holding a duty post, be posted against a duty post of the appropriate Grade in the cadre unit.
9.
Duty posts to be held by cadre officers.-Every
duty post in the Service shall be held by a cadre officer
of appropriate grade.
10.
Confirmation.- Confirmations
of all Central Excise, Customs andService Tax
Service officers shall be made only once at the
entry level into the Service.
11. Recruitment to Commissioner& above, Senior Selection
Grade, Selection Grade and Grade I.‑
(1)
Regular vacancies in the Grade
above the Commissioner
shall be filled 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 CommissionerGrade within qualifying service.
(2)
Regular vacancies in the Commissioner
Grade shall be filled by promotion
of regular officers of Addl. Commissioner Grade
who have rendered not less than twenty years approved service after joining in Inspector Grade and are
included in the Select List or Panel for the said Grade prepared and published
annually as per the procedure prescribed by the DOPT for holding of DPC meeting
for such promotion. The officer will be promoted to the Commissioner grade on
in-situ basis as and when he/she completes thirty years of service
after joining in Inspector Grade, if he/she is not promoted to the CommissionerGrade within qualifying service. The officer further will automatically be granted the Chief
Commissioner scale after thirty four & half years of service.
(3)
Regular vacancies in the Additional
Commissioner (Grade-III- NFSG of Junior Administrative Grade) Grade
shall be filled by promotion of regular officers of Joint
Commissioner Grade who have rendered not less than seventeen years of approved service after joining in Inspector Grade and are
included in the Select List or Panel for the said Grade prepared and published
annually as per the procedure prescribed by the DOPT for holding of DPC meeting
for such promotion. The officer will be promoted to the Addl. Commissioner
grade on in-situ basis as and when he/she completes twenty five & half
years of service after joining in Inspector Grade, if he/she is not promoted to the Addl. CommissionerGrade within qualifying service.
(4)
Regular vacancies in the Joint
Commissioner (Grade-IV- Junior Administrative Grade) Grade
shall be filled by promotion of regular officers of Deputy
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 CommissionerGrade
within qualifying service.
(5)
Regular vacancies inDeputy
Commissioner (Grade-V-Senior Time Scale)Grade
shall be filled by promotion of regular officers of the
Superintendent Grade who have rendered not less than seven years approved
service after joining in Inspector Grade and are included in the
Select List or Panel forthe
saidGrade of the Service prepared and published annually as per the procedure prescribed by the DOPT for
holding of DPC meeting for such promotion. The officer will be promoted to the
Deputy Commissioner grade on in-situ basis as and when he/she completes ten
& half years of service after joining in Inspector Grade, if he/she is not promoted to the Deputy CommissionerGrade within qualifying service.
(6)
Regular vacancies inSuperintendentGrade
shall be filled by promotion of regular officers of the Inspector
Grade who have rendered not less than two years approved service after joining in Inspector Grade and are included in the Select List or Panel for the Superintendent Grade prepared and published annually as per the procedure prescribed by the DOPT for
holding of DPC meeting for such promotion.
12.
Recruitment to the InspectorGrade. –
(a)
Sixty seven per cent of the regular vacancies in the Inspector Grade in the
cadre shall be filled by direct recruitment of graduates as may
be notified by the Central Board of Excise and Customs on
the basis of results of a Competitive Examination held by the Staff Selection
Commission once in a year for this purpose. The remaining thirty three percent
vacancies shall be filled by promotion on the basis of seniority from Senior Tax Assistants of the respective Cadre
units.
(b) The
appointments of the persons whose names have been included in the Select
List shall be made in the order of seniority in that Select List. For the purpose
of this rule a Select List or panel for the Inspector Grade shall be prepared
and published annually as per the procedure
prescribed by the DOPT for holding of DPC meeting for such promotion.
13.
Probation.-(1) Every officer directly
recruited to the Inspector Grade shall initially be
appointed on probation, the period of probation being two years from the date
of appointment.
(2)
The period of probation specified
in sub-rules (1) may, if the appointing authority deems fit, be extended in any
case, but the total period of extension of probation shall not,
save where it is necessary by reason of any departmental
or legal proceedings pending against the officer, exceed one year.
(3)
During probation, a member of the
Service may be required to undergo such training and to qualify
such tests as the Central Board of Excise and Customs may prescribe from time to
time.
14.
Confirmation of probationers.-Until a probationer appointed to Inspector
Grade of the Service has completed his probation in a manner to be determined
by Regulations to the satisfaction of the appointing authority, he shall not be eligible for
confirmation in Service. An officer shall continue to be on probation till he is confirmed under this rule or
is discharged or reverted under rule 15. He/she will automatically be confirmed
as soon as he/she completes the probation period.
15.
Discharge or reversion of probationers.- (1)A probationer who has no lien
on any post under the Central Government or any State Government shall be liable
to be discharged from the Service at any time if on the basis of
his performance or conduct during probation, he is considered unfit for further
retention
in the Service.
(2)
A probationer who holds a lien on a post under the Central Government or any
State Government may be reverted to such post at any time for the reasons specified
in sub-rule (1).
(3)
A probationer who is not
considered suitable for confirmation at the end of the
period of probation specified in sub-rule (1) of rule 13 or at the end of the extended
period of probation, if any, under sub-rule (3) of that rule, shall be discharged
or reverted in accordance with sub-rule (1) or sub-rule (2), as the case may
be.
(4)
A member of the Service on
probation in Inspector Grade who is not considered suitable for
continuance in that Grade during or at the end of the period
of probation specified in sub-rule (2) of rule 13 or the extended period, if any,
under sub-rule (3) of that rule, shall be reverted to the next lower grade of
the Service or to the concerned grade of the Ministerial
Service of the Department, as the case may be, from which he was
appointed on probation to the grade of the Service.
16. Seniority.-(1)
The relative seniority of members of the Service appointed
to any Grade before the appointed day shall be regulated by their relative seniority as
determined before the said date:
Provided
that, if the seniority of any such officer had not been 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: -
S.No.
|
Name
of the Grade
|
Scale
of Pay
|
(1)
|
(2)
|
(3)
|
1
|
Above
Commissioner
|
Rs 37400-67000 (PB-4)+Rs 12000 (Grade Pay)
|
2
|
Commissioner
|
Rs 37400-67000 (PB-4)+Rs 10000
(Grade Pay)
|
3
|
Additional Commissioner
(Grade-III- NFSG of Junior Administrative Grade)
|
Rs 37400-67000 (PB-4)+Rs 8700
(Grade Pay)
|
4
|
Joint Commissioner (Grade-IV-
Junior Administrative Grade)
|
Rs 15600-39100 (PB-3) + Rs 7600
(Grade Pay)
|
5
|
Deputy Commissioner
(Grade-V-Senior Time Scale)
|
Rs 15600-39100 (PB-3) + Rs 6600
(Grade Pay)
|
6
|
Superintendent
|
Rs 15600-39100 (PB-3) + Rs 5400
(Grade Pay) (our counterparts of CB, IB etc. have already been placed in this
scale)
|
7
|
Inspector
|
Rs 9300-34800 (PB-2) + Rs 4600
(Grade Pay)
|
Note: The non-functional pay scale of Rs 15600-39100
(PB-3) +Rs6600 (Grade Pay) is admissible to the
Superintendent grade of the Service on completion of 4
years of approved service in that grade. The Superintendents, who are granted
this non-functional pay scale will continue to remain in Superintendent cadre and
their eligibility for promotion to the Deputy Commissioner Grade of the
Service will be reckoned on the basis of total period, spent in both the scales
of Superintendent, counted together.
18. Regulation of Pay.- (1) The pay and
increments of officers of the various
Grades shall be regulated inaccordance
with the Rules relating to pay of Central 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 cadreunits as given in the First Schedule.
(2)
The authorised strength and the regular officers in each Grade in any new cadre
unit initially constituted under sub-rule (1) shall be as determined by the CBEC.
(3) After a new cadre unit has
been constituted under sub-rule (1) and its initial
constitution determined under sub-rule (2), all the other provisions of these rules shall apply to such
cadre unit.
21.
Regulations.-The
CBEC may make regulations, not inconsistent with these rules, to
provide for all matters for which provision is necessary or expedient, for the
purpose of giving effect to these rules.
22. Residuary matters.-In
regard to matters not specifically covered by these
rules or by regulations or orders made or issued there under, or by special orders,
the members of the Service shall be governed by the rules, regulations and orders applicable to the
Central Civil Services in general.
23.
Power to relax. - Where the Central Government is
satisfied that the operation
of any of these rules causes undue hardshipin
any class or category of persons
or posts,itmaydispense with or relax the requirement of the
rule to such extent and subject to
such conditions, as it may consider necessary.
24.
Repeal and savings.-The Recruitment
Rules,as amendedfrom
time to time, in force before the commencement of these
rules in respect of the grades referred to in these Rulesare hereby repealed or
deemed to be amended subject to any notification, rule, regulation, order or notice issued, orany appointment or declaration made, or exemption granted or any penalty or fine imposed or any other thing done or any other action taken under
the previousrules or regulations and
in force immediately before such commencement shall sofar
as it is notinconsistent with
the provisions of these rules, be
deemed to have beenissued, made, granted, done or taken under the corresponding
provisions of these rules.
25. Reservations.-Nothingin these rules shall affect
reservations, relaxation and
other concessions required to beprovided for the Scheduled
Castes and the Scheduled Tribes and other
special categories
of persons in accordance with the orders issued by the Central Governmentfrom time to time in this regard.
26.
Interpretation.- Whereany
doubt arises as to the interpretation of any of the provisions of these rules, or the regulations
made there under, the matter shall be
referred to the CBEC who will decide the matter in consultation with the DOPT.
First Schedule
(See Rule 2(e), 2(f) and 20)
Names of Central Excise and Customs
Zones and Commissionerates where the Central Excise and Customs Service Rules,
2013 apply (subject to change as per reorganization under cadre restructuring
after every 5 years)
S.
No.
|
Names
of Cadre Units
|
Names
of participating Zones, Commissionerates
|
(1)
|
(2)
|
(3)
|
1.
|
Chief Commissioner of C.Ex. Zone, Lucknow
|
C.Ex.
Commissionerates, Allahabad, Lucknow, Kanpur, Customs (Preventive)
Commissionerate, Lucknow (within C. Ex. Zone LKO), C.Ex. Commissionerates,
Meerut-I, Meerut-II, Ghaziabad and Noida (within C.Ex. Zone Meerut), Offices
of the CC of the Zones and Commissioner (Appeals) in the Zones.
|
2.
|
Chief
Commissioner C.Ex.Zone, Ranchi
|
C.Ex.
Commissionerates, Ranchi, Jamshedpur and Patna. Offices of the Chief Commissioner of the
Zones and Commissioner (Appeals) in the Zones.
|
3.
|
Chief
Commissioner C.Ex.Zone, Mumbai- I
|
C.Ex.
Commissionerates, Mumbai-I, Mumbai-IV, Mumbai-V, Thane-I and Thane-II (within
C. Ex. Zone Mumbai-I), C.Ex. Commissionerates, Mumbai-II, Mumbai-III, Belapur
and Raigad (within C.Ex. Zone Mumbai-II), C.Ex. Commissionerates, Pune-I,
Pune-II, Pune-III, Goa, Customs Commissionerate, Pune ( within C. Ex. Zone,
Pune), C.Ex. Commissionerates, Nagpur, Nasik and Aurangabad (within C.Ex.
Zone Nagpur), Chief Commissioner of Customs Zone, Mumbai-I and II, Offices of
the CCO of the Zones and Commissioner (Appeals) in the Zones.
|
4.
|
Chief
Commissioner C.Ex.Zone, Bangalore
|
C.Ex.
Commissionerates, Bangalore-I, Bangalore-II and Bangalore-III (within C.Ex.
Zone Bangalore), C.Ex. Commissionerates, Belgaum, Mangalore and Mysore
(within C.Ex. Zone Mangalore), Customs Commissionerates, Bangalore,
Mangalore, Offices of the CC of the
Zones and Commissioner (Appeals) in the Zones
|
5.
|
Chief
Commissioner C.Ex.Zone, Cochin
|
C.Ex.
Commissionerates, Cochin, C.Ex. and Customs Commissionerates, Calicut and
Thiruvananthapuram, Cochin Customs and Cochin Customs (Preventive)
Commissionerates, Offices of the CC of the Zones and Commissioner (Appeals)
in the Zones
|
6.
|
Chief
Commissioner C.Ex.Zone, Delhi
|
C.Ex.
Commissionerates, Delhi-I, II, III, IV, Panchkula and Rohtak, Customs (Preventive)
Commissionerates, Delhi, Amritsar, Jodhpur and J and K (within the Customs,
Preventive Zone, Delhi), Offices of the CCO of the Zones and Commissioner
(Appeals) in the Zones
|
7.
|
Chief
Commissioner C.Ex.Zone, Chandigarh
|
C.Ex.
Commissionerates, Chandigarh, Jalandhar, Ludhiana, J and K, Customs (Preventive), Amritsar, Offices of
the CC of the Zones and Commissioner (Appeals) in the Zones
|
8.
|
Chief
Commissioner C.Ex.Zone, Chennai
|
C.Ex.
Commissionerates, Chennai-I, II, III, IV (within C.Ex. Zone Chennai), C.Ex.
Commissionerates, Coimbatore, Madurai, Salem, Thirunelveli and Trichy (within
C.Ex. Zone Coimbatore), Customs Commissionerates, Tuticorin, Trichy ( within
Customs (Preventive) Zone, Chennai), Chief Commissioner of Customs Zone,
Chennai, Offices of the CC of the Zones and Commissioner (Appeals) in the
Zones
|
9.
|
Chief
Commissioner C.Ex.Zone, Jaipur
|
C.Ex.
Commissionerates, Jaipur-I and II, Offices of the CC of the Zones and
Commissioner (Appeals) in the Zones
|
10.
|
Chief
Commissioner C.Ex.Zone, Bhopal
|
C.Ex.
Commissionerates, Bhopal, Indore, and Raipur, Offices of the CC of the Zones
and Commissioner (Appeals) in the Zones
|
11.
|
Chief
Commissioner C.Ex.Zone, Hyderabad
|
C.Ex.
Commissionerates, Hyderabad-I, II, III, IV; C.Ex. Zone, Vishakhapatnam,
Offices of the CC of the Zones and Commissioner (Appeals) in the Zones
|
12.
|
Chief
Commissioner C.Ex.Zone, Kolkata
|
C.Ex.
Commissionerates, Kolkata-I, II, III, IV, V, VI, VII, Haldia, Bolpur,
Siliguri, Customs Zone Kolkata, Offices of the CC of the Zones and Commissioner
(Appeals) in the Zones
|
13.
|
Chief
Commissioner C.Ex.Zone, Shillong
|
C.Ex.
Commissionerates, Dibrugarh, Shillong, Customs (Preventive), Shillong,
Offices of the CC of the Zones and Commissioner (Appeals) in the Zones
|
14.
|
C.Ex.Zone,
Bhubaneshwar
|
C.Ex.
Commissionerates, Bhubaneshwar-I and II, Offices of the CC of the Zones and
Commissioner (Appeals) in the Zones
|
15.
|
Chief
Commissioner C.Ex.Zone, Ahmedabad
|
C.Ex.
Commissionerates, Ahemdabad-I, II, III, Bhavnagar, Rajkot; Customs Zone,
Ahmedabad, Offices of the CC of the Zones and Commissioner (Appeals) in the
Zones
|
16.
|
Chief
Commissioner Customs Zone, Mumbai
|
Mumbai
Customs Sea ports and Airports
|
17.
|
Chief
Commissioner Customs Zone, Kolkata
|
Kolkata
Customs Sea ports and Airports
|
18.
|
Chief
Commissioner Customs Zone, Chennai
|
Chennai
Customs Sea ports and Airports
|
19.
|
Chief
Commissioner Customs Zone, Mumbai
|
Mumbai
Customs Sea ports and Airports
|
20.
|
Chief
Commissioner Customs Zone, Kolkata
|
Kolkata
Customs Sea ports and Airports
|
21.
|
Chief
Commissioner Customs Zone, Chennai
|
Chennai
Customs Sea ports and Airports
|
Second Schedule
(See Rule 6)
Sanctioned
Strength of various grades of Central Excise and Customs Service (as per
reorganization and to be reviewed after every 5 years under cadre restructuring
in relation of stagnation vs functional requirement)
S.
No.
|
Names
of Cadre Units
|
Sanctioned Strength
|
Remarks
|
||||
Inspector
|
Superintendent
|
Dy. Commissioner
|
Joint Commissioner
|
Addl Commissioner
|
|||
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
|
1.
|
Chief Commissioner of C.Ex. Zone, Lucknow
|
To
be determined and allocated among cadre units as per Rule 5
|
To
be determined and allocated among cadre units as per Rule 5
|
To
be determined and allocated among cadre units as per Rule 5
|
Includes
Lucknow Customs (Prev)
|
||
2.
|
Chief
Commissioner C.Ex.Zone, Ranchi
|
As
above
|
As
above
|
As
above
|
Includes
Patna Customs (Prev)
|
||
3.
|
Chief
Commissioner C.Ex.Zone, Mumbai- I
|
As
above
|
As
above
|
As
above
|
Includes
Customs formations
|
||
4.
|
Chief
Commissioner C.Ex.Zone, Bangalore
|
As
above
|
As
above
|
As
above
|
Includes
Customs formations
|
||
5.
|
Chief
Commissioner C.Ex.Zone, Cochin
|
As
above
|
As
above
|
As
above
|
Includes
Customs formations
|
||
6.
|
Chief
Commissioner C.Ex.Zone, Delhi
|
As
above
|
As
above
|
As
above
|
Includes
Customs formations
|
||
7.
|
Chief
Commissioner C.Ex.Zone, Chandigarh
|
As
above
|
As
above
|
As
above
|
Performing
Customs work also
|
||
8.
|
Chief
Commissioner C.Ex.Zone, Chennai
|
As
above
|
As
above
|
As
above
|
Includes
Customs formations
|
||
9.
|
Chief
Commissioner C.Ex.Zone, Jaipur
|
As
above
|
As
above
|
As
above
|
Performing
Customs work also
|
||
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
|
|||||||
