ALL INDIA ASSOCIATION OF CENTRAL
EXCISE
GAZETTED
EXECUTIVE OFFICERS
President: Address
for communication:
Secretary General:
A. Venkatesh 240, Razapur,
Ghaziabad-201001 (U.P.)
Ravi Malik
Vice Presidents: Apurba Roy, P. C. Jha
(East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi
(North); B. Pavan K. Reddy, M. Jegannathan (South); K.V. Sriniwas, T. J.
Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra
(East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava
(North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar
(Central)
Office Secretary: C. S. Sharma Treasuer: N.
R. Manda Organising Secretary: Soumen Bhattachariya
(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. 08/AIB/G/19 Dt. 08.01.19
To,
Sh.
Pranab Kumar Das,
Chairman,
CBIC,
North Block, New Delhi.
Sub: Creation
of separate service for CGST/Central Excise Executive Officers to keep
temporary posts of Asstt. Commissioner intact against functional requirement
under GST.
Sir,
As your goodself knows, it is to
submit with due regards that 2118 temporary posts of Asstt. Commissioner
created during the last cadre restructuring have been extended further for
three years only with the condition not to be extended further. Needless to
submit that the CBIC can’t afford to abolish these posts under GST era at any
stage on account of being functionally required. This requirement will be on
regular increase with the passage of time on account of regular increase in
assessee base under GST and also increase in Export and Import alongwith other
Customs related work in future.
2. So, the CBIC has to devise a
mechanism not only to keep the said pots intact but also enhance the number of
posts at Group ‘A’ entry/STS and higher levels for the future for smooth
functioning of indirect tax administration. The only feasible mechanism for the
same seems to create a separate service for CGST/Central Excise
Executive Officers during the ensuing cadre restructuring or even independent
of it converting the temporary posts into regular as part of this service
independent of Indian Revenue Service. The creation of the separate service for
CGST/Central Excise Executive Officers will not only protect the stature of the
Indian Revenue Service but it will also enhance the career prospects of the
officers joining at the level of Inspector. Otherwise, there will come a day on
which the Chairman of the CBIC and the Asstt. Commissioner may belong to same
batch if the stature of the Indian Revenue Service is not protected taking such
measure.
3. The Recruitment Rules under
this service may be framed 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
(Level-7) 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 the CBIC during the
presentation of the last cadre restructuring proposal on 18.01.11 but CBIC
showed its inability to implement the same due to the want of the required
number of vacancies/posts. A little deviation from the above mentioned DOPT
guidelines, already framed with due diligence & application of mind, 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 (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)
years. In CSS, they still have provisions of in-situ promotions upto the level
of Joint Secretary.
4. Accordingly, the Association suggests
to frame the Recruitment Rules for CGST and Customs Executive Service on the CSS pattern to
benefit already stagnated as well as new generations of the officers
prescribing qualifying service as follows based on the above mentioned OM of
DOPT after unifying all of 3 categories into single stream (without trifurcating
the single cadre) at group ‘B’
non-gazetted (Inspector) as well as group ‘B’ gazetted (Superintendent) level
as below–
(i) 2 years for promotion to the post
of Superintendent in Level-10 after joining as Inspector (Level-8) as the
analogous counterparts in CBI having established parity with our Inspector and
Superintendent, Inspector and DSP of CBI, have already been placed under
Level-8 and Level-10 respectively.
(ii) 6 years for promotion to a post
with a grade pay of Rs. 6,600/- (Level-11) after joining as Inspector.
(iii) 11 years for promotion to a
post with a grade pay of Rs. 7,600/- (Level-12) after joining as Inspector.
(iv) 16 years for promotion to a post
with a grade pay of Rs. 8,700/- (Level-13) after joining as Inspector.
(v) 19 years for promotion to a post
with a grade pay of Rs. 10,000/- (Level-14) after joining as Inspector.
(vi)
and so on.
5. In addition to the above residency periods
and keeping in view the extraordinarily acute stagnation of Central Excise/CGST
executive officers, there should kindly be incorporated the permanent provisions
in the recruitment rules grant automatically
the NFU to the higher grade as soon as he/she completes 1½ times of qualifying
service in r/o any grade. This will not only remove the regional
disparities but will also grant the opportunity to our officers to reach higher
levels like the common entry counterparts f other departments. Accordingly, the
draft Recruitment Rules are enclosed herewith regarding the creation of the CGST and Customs Executive Service for your kind consideration.
6. In
view of the above, it is requested to create a separate service for our
executive officers based on the enclosed draft. It will not only be in the interest
of the CBIC and government revenue but will also be in the interest of Indian
Revenue Service as well as executive officers joining the job at the level of
Inspector. If required, the Association may kindly be called to discuss the
modalities of this service.
Thanking You,
Yours sincerely,
Encl: As above.
(RAVI
MALIK),
Secretary General.
Ministry of Finance,
Department of Revenue
NOTIFICATION
New Delhi, the , 2019
New Delhi, the , 2019
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 CGST and Customs Executive Service Rules, 2019.
(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 or from
the day when the vacancy again which the officer has been recruited was created
or intimated to the concerned authority/body, whichever is earlier;
(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:
(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 CGST and Customs in any of the CGST and
Customs 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 CGST and Customs
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 CGST and Customs means the Central Board of Indirect Tax and Customs (CBIC) in the Department of Revenue under the Ministry of Finance;
(h)
"cadre
officer" in relation to any grade means a member of the CGST and Customs Executive 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 CBIC 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 Indirect tax
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 long term 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 CGST and Customs Executive 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 Group ‘A’ gazetted post and those in the Inspector Grade will be
Group ‘B’ gazetted post.
4. . Combined Gradation List of Officers of the CGST and Customs Executive 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 170 (in-situ)
|
2
|
Commissioner
|
170 in-situ (50% of existing Commissioner
posts)
|
3
|
Additional
Commissioner (Grade-III- NFSG of Junior
Administrative Grade)
|
2323 (in proportion of DS to Director in
CSS inclusive of 50% of existing JC/ADC posts)
|
4
|
Joint Commissioner
(Grade-IV- Junior Administrative Grade)
|
3683 (1/3rd of 11048 inclusive
of 50% of existing JC/ADC posts)
|
5
|
Deputy Commissioner
(Grade-V-Senior Time Scale)
|
Existing 3143 (being 50% of regular AC
and DC+temporary AC converting the post of AC to DC)+new 7905. Total 11048
in proportion of SO to US in CSS
|
6
|
Superintendent
|
21585(proposed originally by CBIC as in
2010-11))
|
7
|
Inspector
|
51000 to deal with 36 lac CGST assessees+Hqrs+Audit+Antievasion+Customs
(31104 were proposed originally by CBIC as in 2010-11)
|
TOTAL
|
69260
|
|
(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 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.
(5) The rules
will be implemented first bringing parity in promotions for common entry
counterparts of CBIC, i.e., Inspectors, PO’s & Examiners.
6. The cadre unit-wise distribution of posts of different grades of the CGST
and Customs Executive 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/she 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 CGST and Customs Executive
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)
The vacancies in the Grade above the Commissioner shall be filled by promotion of officers
of Commissioner Grade (in-situ) who have rendered not less than twenty two
years 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 granted NFU of above the Commissioner grade as and when he/she
completes 1½ times of service of residency period after joining
in Inspector Grade, if he/she is not promoted to above the Commissioner Grade
within residency period.
(2)
The vacancies in the Commissioner Grade shall be filled by promotion of officers
of Addl. Commissioner Grade who have rendered not less than nineteen years 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 will be granted NFU of the Commissioner grade as and when
he/she completes twenty eight and half years of service after
joining in Inspector Grade, if he/she is not promoted to the Commissioner Grade
within qualifying service/residency period. The officer further will automatically be granted the Chief
Commissioner scale after thirty four & half years of service.
(3)
The vacancies in the Additional Commissioner (Grade-III- NFSG of
Junior Administrative Grade) Grade shall be filled
by promotion of officers of Joint Commissioner Grade who have rendered
not less than sixteen years of service after joining in Inspector Grade. The officer will be will be granted NFU of the Addl.
Commissioner grade as and when he/she completes twenty four years of service
after joining in Inspector Grade, if he/she is not promoted to the Addl. Commissioner Grade
within qualifying service/residency period.
(4)
The vacancies in the Joint Commissioner (Grade-IV- Junior Administrative
Grade) Grade shall be filled by promotion of officers of Deputy Commissioner Grade who have rendered not less than eleven years 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 will be granted NFU of the Joint Commissioner grade as and when
he/she completes sixteen and half years of service after joining
in Inspector Grade, if he/she is not promoted to the Joint Commissioner Grade
within qualifying service/residency period.
(5)
The vacancies in Deputy Commissioner
(Grade-V-Senior Time Scale) Grade shall be filled by promotion of officers of the
Superintendent Grade who have rendered not less than six years 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 granted NFU of
the Deputy Commissioner grade as and when he/she completes nine years of service
after joining in Inspector Grade, if he/she is not promoted to the Deputy Commissioner Grade
within qualifying service/residency period.
(6)
The vacancies in Superintendent Grade shall be filled by
promotion of officers of the Inspector Grade who have rendered not
less than two years 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. The officer will be granted NFU of
the Superintendent grade as and when he/she completes three years of service
after joining in Inspector Grade, if he/she is not promoted to the Superintendent Grade
within qualifying service/residency period.
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 one 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 Indirect tax 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 Indirect tax 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
CBIC 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 4800 (Grade Pay) at par with inspector of CBI
|
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 Indirect Tax 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 CBIC 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 CBIC.
(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 CBIC 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 CBIC who will decide the
matter in consultation with the DOPT.
First
Schedule (See Rule 2(e), 2(f) and 20)
Names of CGST
and Customs Zones and Commissionerates where the CGST and Customs Executive Service
Rules, 2019 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)
|
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)
|
|
