TO BE PUBLISHED IN PART II, SECTION
3-SUB-SECTION (i) OF THE GAZETTE OF INDIA, EXTRAORDINARY,
DATED THE 17th SEPTEMBER, 1987
Government of India
Ministry of Finance
(Department of Revenue)
***
New Delhi, the 17th September, 1987
NOTIFICATION
G.S.R.794 : (E) In exercise of the powers conferred by
the proviso to article 309 of the Constitution, the President
hereby makes the following rules, namely :-
PART
I - GENERAL
1. Short
Title and Commencement -
(1) These rules may be called the Indian
Customs and Central Excise Service Group 'A' Rules, 1987.
(2)
These rules shall come into force with effect from the date
of publication in the Official Gazette.
2. Definitions - In these rules, unless the
context otherwise requires, -
(a)
"Commission" means the Union Public Service Commission;
(b)
"Controlling Authority" means the Government of India in the
Ministry of Finance (Department of Revenue);
(c)
"Departmental Promotion Committee" means a Committee constituted
to consider promotions and confirmations in any Grade of the
Service specified in Schedule I and the composition of such
Committee shall be as specified in Schedule II.
(d)
"Examination" means a combined competitive examination
consisting of a preliminary examination and a main examination
conducted by the Commission for recruitment to the Service or
such other service or services as may be specified by the
Commission from time to time;
(e)
"Government" means the Government of India;
(f)
"Grade" means a Grade of the Service specified in Schedule I;
(g)
"post" means any post, whether permanent or temporary specified
under rule 4;
(h)
"regular service", in relation to any Grade, means the period or
periods of service in that Grade rendered after selection
according to the prescribed procedure for long term appointment
to that Grade and includes any period or periods -
(i) taken into account for purpose of seniority in
the case of those appointed at the initial constitution of the
Service;
(ii) during which an officer would have held a
post in that Grade but for being on leave or otherwise not being
available for holding such posts;
(i)
"Schedule" means a Schedule to these rules;
(j)
"Scheduled Castes" and "Scheduled Tribes" shall have the same
meaning as assigned to them respectively in clauses (24) and
(25) of article 366 of the Constitution:
(k)
"Service" means the Indian Revenue Service (Customs and Central
Excise)Group 'A'.
3. Constitution of the Service -
(1) The Service shall consist of the following
persons, namely :-
(a)
members of the Indian Customs Service appointed to that service
before the 15th August, 1959;
(b)
members of the Central Excise Service, Class I appointed to that
service before the 15th August, 1959;
(c)
persons who were appointed to the Service after the 15th
August, 1959 and before the commencement of these rules; and
(d)
persons recruited to the Service in accordance with the
provisions of these rules.
(2) The cadre of the Service shall be controlled by
the Controlling Authority.
4. Grades, numbers and scales of pay of the posts
included in the Service
(1)
The Grades, numbers and scales of pay of the posts included in
the Service shall be as specified in Schedule I.
(2)
The Government may, in consultation with the Commission, specify
the posts which shall be included in any Grade of the Service.
(3)
The Government may, having regard to the work load from time to
time temporarily, include any post in any Grade of the Service.
(4)
The Government may, in consultation with the Commission, appoint
an officer whose post is included in the Service under sub-rule
(3) of this rule, to the appropriate Grade of the Service in a
temporary capacity or in a substantive capacity, as may be
deemed fit, and fix his seniority in the Grade after taking into
account continuous service in the analogous grade.
PART
II - METHODS OF RECRUITMENT
5. Methods of recruitment to the Service and
percentage of vacancies to be filled in certain grades of the
Services.
(1) Recruitment to the Service shall be made by the
following methods, namely :-
(a)
by examination, in accordance with the provisions in Part III of
these rules;
(b)
by promotion in accordance with the provisions of Part IV of
these rules.
(2) Vacancies in Grade VI of the Service shall be
filled in the following manner :-
(i) 50% of
the vacancies shall be filled in accordance with the provisions
in Part III of these rules; and
(ii) 50% of the vacancies shall be filled in
accordance with the provisions in Part IV of these rules.
(3) Notwithstanding the provisions contained in
sub- rules (1) and (2) above, Government may recruit to any of
the grades when so required from other sources, for good and
sufficient reasons to be determined in consultation with the
Commission, of persons having qualifications or experience in
any specialty:
Provided that when such recruitment is made to
Grade VI of the Service, the number of persons so recruited
shall count against the percentage of vacancies to be filled by
direct recruitment.
PART
III - RECRUITMENT BY COMPETITIVE EXAMINATION
6. Holding of examination:
(1)
A competitive examination for direct recruitment to Grade VI of
the Service shall be held at such time and places and in such
manner as may be specified in a notice issued by the Commission
for this purpose.
(2)
Every such notice shall, as far as possible, specify the number
of vacancies to be filled on the results of the examination.
7. Combined examination : If the examination held
under this part is a combined competitive examination for the
purpose of making appointments to more than one service or post,
the following provisions shall apply, namely :-
(a) Any person may
apply to be admitted as a candidate for appointment to all or
any of the services or posts for which he is eligible. If he
wishes to be considered for appointment in more than one
service or post, he shall state in his application form the
names of the services and posts which he wishes to be
considered, only one application form shall be necessary, and
one payment of the fees referred to in rule 12 shall be
sufficient.
(b) The Government of
India in the Department of Personnel and Training shall assign
successful candidates to each service or post on a consideration
of all circumstances including any personal preferences
expressed by the candidates.
8. Application for admission to the Examination :
A candidate shall apply for admission to the examination before
such date, in such manner and in such form as the Commission may
specify.
9. Nationality : A candidate must be a citizen
of India or he must belong to any of such categories of persons
as may, from time to time, be notified by the Government.
10. Age and educational qualifications : The
educational qualifications and the age-limit for direct
recruitment to posts in Grade VI of the Service on the results
of the Examination shall be as specified in Schedule III.
11. Attempts at the Examination : No candidate who
does not belong to a Scheduled Caste or a Scheduled Tribe or who
is not covered by any of the specified exceptions notified by
the Government of India in the Department of Personnel and
Training, from time to time, shall be permitted to compete more
than three times at the Examination.
12. Fee : A candidate shall pay the fee
specified by the Commission, unless exempted therefrom or
granted concession thereof in accordance with the exemptions and
concessions in this respect notified by the Government of India
in the Department of Personnel and Training from time to time.
13. Decisions of the Commission to be final : The
decision of the Commission as to the eligibility or otherwise of
a candidate for admission to the examination shall be final; and
no candidate to whom certificate of admission has not been
issued by the Commission shall be admitted to the Examination.
14. Penalty for misconduct: A candidate who is or
has been declared by the Commission to be guilty of -
(i)
obtaining support for his candidature by any means; or
(ii)
impersonating; or
(iii)
procuring impersonation by any person; or
(iv)
submitting fabricated documents, or documents, which have been
tampered with; or
(v)
making statements which are incorrect or false, or suppressing
material information; or
(vi)
resorting to any other irregular or improper means in connection
with his candidature for the examination; or
(vii)
using unfair means in the examination hall; or
(viii)
misbehaving in the examination hall; or
(ix)
attempting to commit or, as the case may be, abetting the
Commission of all or any of the acts specified in the foregoing
clauses may, in addition to rendering himself liable to
criminal prosecution be liable -
(a)
to be disqualified by the Commission for the examination for
which he is a candidate; or
(b)
to be debarred either permanently or for a specified period -
(i)
by the Commission, from any examination or selection held by
them;
(ii)
by the Government from any employment under them; and
(c) if he is already in service under Government,
to disciplinary action under the appropriate rules.
15. Preparation of list of successful
candidates :
(1) After every Examination the names of candidates
shall be arranged by the Commission in the order or merit as
disclosed by the aggregate marks finally awarded to each
candidate and in that order so many candidates as found by the
Commission to be qualified on the basis of examination and
interview shall be recommended for appointments upto the number
of unreserved vacancies decided to be filled on the results of
the Examination.
(2) Candidates belonging to the Scheduled caste,
Scheduled Tribes and Other Backward Classes may, to the extent
the number of vacancies reserved for the Scheduled Caste
Scheduled Tribes and Other Backward Classes cannot be filled on
the basis of the general standards, be recommended by the
Commission by a relaxed standard, to make up the deficiency in
the reserved quota, subject to the fitness of these candidates
for appointment to the service."
(3) If sufficient number of candidates who are
members of the Scheduled Caste or the Scheduled Tribes or the
Other Backward Classes, are not available for filling up all the
vacancies so reserved in the direct recruitment, the vacancies
shall not be filled by candidates not belonging to these
communities.
(4) (i) If at the examination, sufficient number of
candidates belonging to the Scheduled Caste or the Scheduled
Tribes or the Other Backward Classes is not available for
filling all the vacancies reserved for them in the first
attempt, a second attempt shall be made for recruiting suitable
candidates belonging to the concerned category in the same
recruitment year or as early as possible before the next
recruitment to fill up these vacancies. If the required number
of SC/ST/OBC candidates are not even then available, the
vacancies which could not be filled up shall remain unfilled
until next recruitment year. These vacancies will be treated as
"backlog vacancies".
(4)(ii) In subsequent recruitment year when
recruitment is made for the vacancies of that year (called the
current vacancies), the backlog vacancies of SCs, STs and OBCs
will also be announced for recruitment. While doing so, the
vacancies for that particular recruitment year i.e. current
vacancies and the backlog vacancies of OBCs will be treated as
one Group and backlog vacancies of SCs and STs as a separate and
distinct group. While in respect of the vacancies in the first
group instructions that not more than 50% of the vacancies can
be reserved in a year will apply, all backlog vacancies reserved
for SCs and STs will be filled up by the candidates belonging to
concerned category without any restriction whatsoever.
4(iii) If vacancies reserved for SCs/STs/OBCs cannot
be filled up and are carried forward as backlog vacancies and
remain unfilled in the following recruitment year also, they
will be carried forward as backlog vacancies for subsequent
recruitment year (s) as long as these are not filled by
candidates of the category for which these are reserved.
(5) Notwithstanding anything contained in sub-rules
(3) and (4) above, in rare and exceptional cases, where posts
cannot be allowed to remain vacant in public interest, the
administrative Ministry of Finance/Department of Revenue shall
make a proposal for dereservation giving full justification for
such action, and consult National Commission for Scheduled
Castes and Scheduled Tribes in case of posts reserved for
SCs/STs and National Commission for Backward Classes in case of
posts reserved for OBCs and obtain comments of concerned
Commission on each proposal. After obtaining such comments the
Ministry/Department shall place the proposal for dereservation
alongwith the Commissions comments before the Committee
comprising of the Secretaries in the Department of Personnel
& Training, in the Ministry of Social Justice &
Empowerment and in the Ministry of Finance/Department of Revenue
for consideration and recommendation. The recommendation of the
Committee shall be placed before the Minister-in-charge of the
Department of Personnel & Training for final decision. If
dereservation is approved, candidates can fill up these
vacancies from other communities.
16. Enquiry of Character etc. The inclusion of a
candidate's name in the list of successful candidates confers no
right to appointment unless the Government is satisfied after
such inquiry as may be considered necessary, that the candidate,
having regard to his character and antecedents is suitable in
all respects, for appointment to the Service.
17. Physical Test
(1) No candidate who after such physical examination as
the Government may specify, is not found to be in good mental or
bodily health and free from any mental or physical defect likely
to interfere with the discharge of the duties of the Service,
shall be appointed to the Service.
(2) The fact that a candidate has been physically
examined shall not mean or imply that he shall be considered for
appointment.
PART
IV - APPOINTMENT BY PROMOTION
18. Appointment by promotion to Grade VI of Service
: (1) Appointment to the vacancies in Grade VI of the Service
required to be filled by promotion under sub-rule 2(ii) of rule
5 shall be by promotion of the following categories of Group 'B'
Officers in the Central Excise, Customs and Narcotics
Departments who have completed three years regular service in
the Group 'B' posts of -
(a) Superintendents of
Central Excise in the Central Excise Department and District
Opium Officer or Intelligence Officers or Superintendents
(Executive) in the Narcotics Department.
(b) Appraisers of
Customs in the Customs Department.
(c) Superintendents of
Customs (Preventive) in the Customs Department.
(2)(a) The vacancies to be filled by promotion shall be
filled from out of the three Group 'B' Officers mentioned
categories at (a), (c) and (b) to sub-rule (1) in the ratio of
6:1:2 respectively for each bunch of nine vacancies. Out of
these 9 vacancies, the first six vacancies would go to officers
at category (a) the 7th vacancy to the officer at
category (c) and 8th and 9th vacancies to
officers at category (b) of sub-rule 1 above and seniority of
these officers shall also be fixed in this order.
(b) For the purpose of making promotion to Group
'A' separate consideration lists of Superintendent of Central
Excise and District Opium Officers or Intelligence Officers or
Superintendent (Executive) in the Narcotics Department,
Appraisers and Superintendent of Customs ( Preventive) would be
drawn up on all India basis of their continuous officiation in
their Group 'B'.
3(a) The promotion shall be made on the principle of
selection on merit basis.
(b) The Commission shall be consulted for making
promotions to Grade VI.
(c) If the sufficient number of SC/ST candidates
fit for promotion against reserved vacancies are not available,
such vacancies may be dereserved as per prescribed procedure and
filled up by candidates of other communities.
(d) If sufficient number of SC/ST candidates fit
for promotion against reserved vacancies are not available and
such vacancies can also not be dereserved for reasons like
non-availability of candidates of other categories to fill up
the post etc., the vacancies shall not be filled and will remain
unfilled until the next recruitment year. These vacancies will
be treated as "backlog vacancies."
(e)
In the subsequent recruitment year when recruitment is made for
vacancies of that year (called current vacancies), the backlog
vacancies of SCs and STs will also be filled up, keeping the
current vacancies and the backlog vacancies of SCs and STs two
distinct groups. While in respect of Current vacancies the
instructions that not more than 50% of the vacancies can be
reserved will apply. All the backlog vacancies reserved for SCs
and STs will be filled up by candidates belonging to concerned
category without any restriction whatsoever.
(f) If backlog vacancies reserved for SCs and STs
cannot be filled up by reservation and can also not be
dereserved in the subsequent recruitment year as well, such
backlog vacancies will be carried forward as backlog reserved
vacancies for subsequent recruitment year (s) as long as these
vacancies are not filled by the candidates of the category for
which these are reserved or by candidates of other communities
after dereservation.
19. Appointment to Grade V of Service :
(1) Appointment to the vacancies in Grade V of the
Service shall be made by promotion of officers in Grade VI of
the Service in the order of seniority subject to rejection of
the unfit.
(2) Officers, both promotees and direct recruits,
appointed to the Grade VI of the Service in accordance with the
provisions of these rules shall be considered for regular
promotions to Grade V of the Service in running order of their
seniority and after completing four years' regular service in
Grade VI. Provided that an officer appointed to the Grade VI
of the Service shall not be considered for promotion to Grade V
until he has successfully completed the period of probation.
20. Appointment to Grade IV of Service : -
(1) Appointment to Grade IV of the Service shall be made
by promotion on the principle of selection of officers in Grade
V of the Service.
(2) Officers with a minimum of 5 years' regular
service in the grades V and VI taken together shall be eligible
for promotion to Grade IV.
21. Appointment to Grade III of Service
(Non-Functional Selection Grade of the Service ) : 15 per cent
of the senior duty posts shall be operated in the non-functional
selection grade of Rs.14300-400-18300 and appointment to this
grade shall be made according to seniority based on suitability
taking into account of the overall performance, experience and
any other related matter;
Provided that no officer shall be appointed to the
selection grade unless he has been appointed to the Grade IV of
service to the post of Deputy Commissioner of Customs &
Central Excise and has entered the 14th year in that
service on the 1st July of the year calculated from
the year following the year of examination on the basis of which
he was recruited;
Provided further that inter-se-seniority of officers
in Grade IV shall not be changed as a result of their
appointment to the non-functional selection Grade.
22. Appointment to Grade II of Service :
Appointment to Grade II of the Service, to the post of
Commissioner of Customs & Central Excise shall be made by
promotion by selection from amongst:
(a) Officers of Grade IV of the Service holding the
post of Deputy Commissioner of Customs & Central Excise with
eight years' regular service in the grade (including service, if
any, rendered in non-functional selection grade of Rs.
14300-400-18300 or
(b) Officers with 17 years regular service in Group
'A' posts of the Service, out of which at least four years'
regular service should be in Grade IV of the said Service
(including service, if any, rendered in non-functional selection
Grade).
23. Appointment to Grade I: Appointment to Grade I
of the Service, to the post of Chief Commissioner of Customs
& Central Excise of the Service, shall be made by promotion
by selection from amongst officer of Grade II of the Service to
the post of Commissioner of Customs & Central Excise with
three years' regular service in the grade.
24. Senior not to be ignored for consideration in
promotion if junior is considered: Where juniors who have
completed their qualifying/eligibility service are being
considered for promotion, their seniors would also be considered
provided they not short of the requisite qualifying/eligibility
service by more than half of such qualifying/eligibility service
or two years, whichever is less and have successfully completed
their probation period for promotion to the next higher grade
alongwith their juniors who have already completed such
qualifying/eligibility service.
25. Appointments to be made on recommendations of
Departmental Promotion Committee : Appointment by promotion to
various Grades of the Service as mentioned in rules 18 to 23 of
these rules shall be made on the recommendation of the
Departmental Promotion Committee and the composition of the
Departmental Promotion Committee shall be as specified in
Schedule II.
PART
V-MISCELLANEOUS
26. Probation and confirmation :
(1) (a) Persons appointed to the Grade VI of the Service
by promotion in accordance with the Part IV of these rules shall
be on probation for a period of 2 years.
(b) If the work of conduct or both of an officer is
found unsatisfactory, the Government may revert him to the post
from which he was promoted.
(2) Persons appointed to the Grade VI of the
Service by direct recruitment in accordance with the provisions
of Part III of these rules shall be on probation for a period of
two years which may be extended by the Government in any
individual case.
Provided that, save for exceptional circumstances,
probation shall not be extended for more than a year and no
person shall be kept on probation for more than double the
normal period of probation.
(3) The Government may require a person appointed
to the Grade VI of the service to undergo during the period of
probation such Courses of training conducted by Lal Bahadur
Shastri National Academy of Administration and National Academy
of Customs, Excise and Narcotics and to pass such examination
and tests as it may think fit. The candidates so appointed to
the Grade VI of the service would be granted their first
increment only after passing such examination and tests.
(4) If at any time during the period of probation
as referred to in sub-rule (2) of this rule or on its
expiration, the Government are of the opinion that a person is
not fit for permanent appointment to the Service, the Government
may terminate his services or revert him to the post, if any, on
which he holds a lien or pass such other orders as they may
think fit.
(5) On completion of the period of probation to the
satisfaction of the Government, the person shall, if considered
fit for permanent appointment to the service, be so appointed.
(6) Persons who have been appointed on probation or
in an officiating or temporary capacity to any post in the
Service before these rules come into force, shall be considered
for permanent appointment to the post held by them at the
commencement of these rules in the order of their inter-se
seniority in the post as determined in accordance with these
rules irrespective of whether a permanent vacancy arose before
the commencement of these rules or arises on a date subsequent
to the commencement of these rules.
27. Seniority :
(1) The seniority inter-se in Grade VI of the persons appointed
to the Service before the commencement of these rules, shall be
as in the list circulated vide letter of Government of India in
the Ministry of Finance (Department of Revenue) No.
A-23020/8/84-Ad.II dated the 12th July, 1984.
(2) The seniority inter-se of the persons appointed
to the Service after the commencement of these rules, shall be
determined in accordance with the general orders regulating
seniority of Government employees issued by the Government from
time to time.
28. Residuary Matters : In regard to matters not
specifically covered by these rules or by special orders, the
members of the Service shall be governed by the rules,
regulations and orders applicable to the Central Civil Service
in general.
29. Disqualifications : No person,
(a) who has entered
into or contracted a marriage with a person having a spouse
living, or
(b) who, having a
spouse living, has entered into or contracted a marriage with
any person, shall be eligible for appointment to the Service.
Provided that the Government may, if satisfied that such
marriage is permissible under the Personal Law applicable to
such person and the other party to the marriage and there are
other grounds for so doing, exempt any person from the operation
of this rule.
30. Liability for transfer : Officers of the
Service shall be liable for transfer anywhere in India or
abroad.
31. Power to issue certain orders : The
Government may issue orders, 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.
32. Removal of difficulties : The Government may,
from time to time, issue such general or specific directions as
may be necessary to remove difficulties in the operation of any
of the provisions of these rules.
33. Interpretation : Where any doubt arises as to
the interpretation of any of the provisions of these rules, the
matter shall be referred to the Government who shall decide the
same.
34. Power to relax : Where the Government is of
opinion that it is necessary or expedient so to do, it may, by
order, for reasons to be recorded in writing, and in
consultation with the Commission, relax any of the provisions of
these rules with respect to any class or category of persons.
35. Saving : Nothing in these rules shall effect
reservations and other concessions required to be provided for
the Scheduled Castes, the Scheduled Tribes and other special
categories of persons in accordance with the orders issued by
the Government from time to time in this regard.
Under Secretary to the Government of
India
No. / F.No. A-12018/
/2011-Ad.II
SCHEDULE - I
(See sub-rule (1) of Rule 4)
GRADES, NUMBERS AND SCALES OF PAY OF POSTS
INCLUDED IN THE SERVICE
|
Grade of Post
|
No. of Posts
|
Scale of pay
|
1
|
Grade-I-Chief Commissioner of Customs & Central
Excise-
|
17
|
Rs. 22400-525-24500
|
2
|
Grade-II-(Senior Administrative Grade) Commissioner of
Customs & Central Excise -
|
147
|
Rs. 18400-500-22400
|
3
|
Grade-III-Non-functional Selection Grade of Junior
Administrative Grade-Additional Commissioner of Customs
& Central Excise; &
|
286
|
Rs.14300-400-18300
|
4
|
Grade-IV- (Junior Administrative Grade)- Joint
Commissioner of Customs & Central Excise
|
Rs.12000-375-16500
|
5
|
Grade-V- (Senior Time Scale)-Dy. Commissioner of
Customs & Central Excise -
|
808
|
Rs.10000-325-15200
|
6
|
Grade-VI- (Junior Time Scale) - Assistant Commissioner
of Customs & Central Excise -
|
232
|
Rs.8000 -275-13500
|
|
(i) Deputation Reserve
(ii) Leave Reserve
(iii) Training Reserve
(iv) Probationary Reserve
|
215
|
Rs.8000 -275-13500
|
SCHEDULE II
(See Clause (C) of the rule 2 and rule 25)
Composition of Departmental Promotion Committee
for considering cases of promotion and confirmation to the
posts included in the various grades of the service.
S.
No.
|
Grade
|
Departmental Promotion Committee for
considering Promotion
|
Departmental Promotion Committee for
considering Confirmation
|
1
|
2
|
3
|
4
|
1.
|
Grade-I
|
1. Chairman/Member, Union Public Service Commissioner
- Chairman
2. Secretary (Revenue) - Member
3. Chairman, Central Board of Excise &
Customs - Member
4. *Member, Central Board of Excise & Customs -
Member
|
|
2.
|
Grade-II
|
1. Chairman/Member, Union Public Service Commissioner
- Chairman
2. Secretary (Revenue) - Member
3. Chairman, Central Board of Excise &
Customs - Member
4. Member, Central Board of Excise & Customs* -
Member
|
Not Applicable
|
3.
|
Grade-III
|
1. Chairman, Central Board of Excise & Customs -
Chairman
2. Two Members of Central Board of Excise &
Customs - Members*
|
Not Applicable
|
4.
|
Grade-IV
|
1. Chairman/Member, Union Public Service Commission -
Chairman
2. Chairman, Central Board of Excise & Customs -
Member
3. Member, Central Board of Excise & Customs* -
Member
|
Not Applicable
|
5.
|
Grade-V
|
1. Chairman, Central Board of Excise & Customs -
Chairman
2. Two Members of Central Board of Excise &
Customs* - Member
|
Not Applicable
|
6.
|
Grade-VI
|
1. Chairman/Member, Union Public Service Commission -
Chairman
2. Chairman, Central Board of Excise & Customs -
Member
3. Member, Central Board of Excise & Customs -
Member
|
1. Member, Central Board of Excise & Customs -
Chairman
2. Joint Secretary (Admn.), Central Board of Excise
& Customs - Member
3. Deputy Secretary (Admn.), Central Board of Excise
& Customs - Member
|
* Seniormost Member of Central Board of Excise &
Customs.
Note 1: The absence of a Member, other than Chairman or a
Member of the Commission, shall not invalid the proceedings of
the Committee, if more than half the Members of the Departmental
Promotion Committee had attended its meetings.
Note 2: The proceedings of the Departmental Promotion
Committee relating to confirmation shall be sent to the
Commission for approval. If, however, these are not approved by
the Commission, a fresh meeting of the Departmental Promotion
Committee to be presided over by the Chairman or a Member of
Commission shall be held.
No.__________/F.No.A-12018/
/2011-Ad.II
SCHEDULE - III
(See Rule 10)
Minimum educational qualifications and
age-limit for direct recruitment to posts in Grade VI of the
Service on the results of the competitive examination.
1. A candidate must have a degree of any
University incorporated by an Act of the Central or State
Legislature in India or other educational institutes established
by an Act or Parliament or declared to be deemed as Universities
under Section 3 of the University Grants Commission Act, 1956 (3
of 1986) or a foreign University approved by the Government from
time to time or possess qualification which has been recognized
by the Government for the purpose of admission to the
examination.
Note 1: In exceptional cases the Union Public Service
Commission may treat a candidate who has not any of the above
qualifications, as a qualified candidate provided that he has
passed examinations conducted by other institutions, the
standard of which, in the opinion of the Commission justifies,
his admission to the examination.
Note 2: Candidates possessing professional and technical
qualifications which are recognized by Government as equivalent
to professional and technical degree would also be eligible for
admission to the examination.
2. A candidate must have attained the age of 21
years but must not have attained the age of 26 years on the
first day of August of the year in which the examination is
held.
Under Secretary to the Govt. of India
No.__________/F.No.A-12018/
/2011-Ad.II
Statement indicating the existing
provisions and proposed provisions
Column
No.
|
Provisions in the rules |
|
1.
|
"15.(2) Candidates belonging to the Scheduled caste or
the Scheduled Tribes may, to the extent the number of
vacancies reserved for the Scheduled Caste and the Scheduled
Tribes cannot be filled on the basis of the general
standards, be recommended by the Commission by a relaxed
standard, to make up the deficiency in the reserved quota,
subject to the fitness of these candidates for appointment
to the service."
|
"15.(2) Candidates belonging to the Scheduled Case or
the Scheduled Tribes or the Other Backward Classes may, to
the extent the number of vacancies reserved for the
Scheduled Case, the Scheduled Tribes and Other Backward
Classes cannot be filled on the basis of the general
standards, be recommended by the Commission by a relaxed
standard, to make up the deficiency in the reserved quota,
subject to the fitness of these candidates for appointment
to the service."
|
2
|
"15 (3) If sufficient number of candidates who are
members of the Scheduled Caste or the Scheduled Tribes, are
not available for filling all the vacancies so reserved, the
vacancies not so filled shall be filled by appointing
candidates not belonging to the Scheduled Caste or the
Scheduled Tribes, qualified by the standard specified by the
Commission for service and an equivalent number of
additional vacancies shall be reserved for candidates
belonging to Scheduled Castes or the Scheduled Tribes to be
filled on results of the next examination."
|
|
3.
|
"15 (4) If at the examination, sufficient number of
candidates belonging to the Scheduled Caste or the Scheduled
Tribes is not available for filling all the vacancies
reserved for them including those carried forward under
sub-rule (3) above, the vacancies so remaining unfilled
shall be filed by appointing candidates not belonging to the
Scheduled Caste or the Scheduled Tribes, qualified by the
standard prescribed by the Commission for the service, an
equivalent number of vacancies shall be carried forward to
the next examination."
|
"15 (4)(i) If at the examination,
sufficient number of candidates belonging to the Scheduled
Caste or the Scheduled Tribes or the Other Backward Classes
is not available for filling all the vacancies reserved for
them in the first attempt, a second attempt shall be made
for recruiting suitable candidates belonging to the
concerned category in the same recruitment year or as early
as possible before the next recruitment to fill up these
vacancies. If the required number of SC/ST/OBC candidates
are not even then available, the vacancies which could not
be filled up shall remain unfilled until next recruitment
year. These vacancies will be treated as "backlog
vacancies".
(4)(ii) In subsequent recruitment year when
recruitment is made for the vacancies of that year (called
the current vacancies), the backlog vacancies of SCs, STs
and OBCs will also be announced for recruitment. While
doing so, the vacancies for that particular recruitment year
i.e. current vacancies and the backlog vacancies of OBCs
will be treated as one Group and backlog vacancies of SCs
and STs as a separate and distinct group. While in respect
of the vacancies in the first group instructions that not
more than 50% of the vacancies can be reserved in a year
will apply, all backlog vacancies reserved for SCs and STs
will be filled up by the candidates belonging to concerned
category without any restriction whatsoever.
4(iii) If vacancies reserved for SCs/STs/OBCs
cannot be filled up and are carried forward as backlog
vacancies and remain unfilled in the following recruitment
year also, they will be carried forward as backlog vacancies
for subsequent recruitment year (s) as long as these are
not filled by candidates of the category for which these are
reserved.
|
4.
|
"15(5) Notwithstanding anything contained in sub-rules
(3) and (4) above no vacancies reserved for the Scheduled
Caste or the Scheduled Tribes shall be carried forward to
any year of the Examination -
(a)
to such an extent that the total number of vacancies so
carried forward together with the vacancies reserved for the
candidates who are members of the Scheduled Caste or the
Scheduled Tribes for that year exceeds of the total
vacancies in that year; or
(b)
If such vacancies, which are to be carried forward
continuously remained unfilled for a period of three
recruitment years;
|
15 (5) Notwithstanding anything contained in
sub-rules (3) and (4) above, in rare and exceptional cases,
where posts cannot be allowed to remain vacant in public
interest, the administrative Ministry of Finance/Department
of Revenue shall make a proposal for dereservation giving
full justification for such action, and consult National
Commission for Scheduled Castes and Scheduled Tribes in case
of posts reserved for SCs/STs and National Commission for
Backward Classes in case of posts resrved for OBCs and
obtain comments of concerned Commission on each proposal.
After obtaining such comments the Ministry/Department shall
place the proposal for dereservation alongwith the
Commissions comments before the Committee comprising of the
Secretaries in the Department of Personnel & Training,
in the Ministry of Social Justice & Empowerment and in
the Ministry of Finance/Department of Revenue for
consideration and recommendation. The recommendation of
the Committee shall be placed before the Minister-in-charge
of the Department of Personnel & Training for final
decision. If dereservation is approved, candidates can fill
up these vacancies from other communities.
|
5.
|
"18(3) (a) The promotion shall be made on the
principle of selection on merit basis."
|
"18 (3) (a) The promotion shall be made on the
principle of selection basis."
|
6.
|
|
18(3)(c) If the sufficient number of SC/ST candidates
fit for promotion against reserved vacancies are not
available, such vacancies may be dereserved as per
prescribed procedure and filled up by candidates of other
communities.
18(3)(d) If sufficient number of SC/ST candidates fit
for promotion against reserved vacancies are not available
and such vacancies can also not be dereserved for reasons
like non-availability of candidates of other categories to
fill up the post etc., the vacancies shall not be filled and
will remain unfilled until the next recruitment year. These
vacancies will be treated as "backlog vacancies."
18(3)(e) In the subsequent recruitment year when
recruitment is made for vacancies of that year (called
current vacancies), the backlog vacancies of SCs and STs
will also be filled up, keeping the current vacancies and
the backlog vacancies of SCs and STs two distinct groups.
While in respect of Current vacancies the instructions that
not more than 50% of the vacancies can be reserved will
apply. All the backlog vacancies reserved for SCs and STs
will be filled up by candidates belonging to concerned
category without any restriction whatsoever.
18(3)(f) If backlog vacancies reserved for SCs and
STs cannot be filled up by reservation and can also not be
dereserved in the subsequent recruitment year as well, such
backlog vacancies will be carried forward as backlog
reserved vacancies for subsequent recruitment year (s) as
long as these vacancies are not filled by the candidates of
the category for which these are reserved or by candidates
of other communities after dereservation.
|
7.
|
"20 (1) Appointment to Grade IV of the Service shall
be made by promotion on the principle of selection on merit
of officers in Grade V of the Service."
|
"20 (1) Appointment to Grade IV of the Service shall
be made by promotion on the principle of seniority selection
of officers in Grade V of the Service."
|
8.
|
"21. Appointment to the Grade III of Service (Non
-functional Selection Grade of Service : 15 percent of the
Senior Duty Posts shall be operated in the non-functional
selection grade of Rs. 14300-400-18300 and appointment to
this grade shall be made according to seniority based on
suitability taking into account the overall performance,
experience and any other related matter:
Provided that no Officer shall be appointed to the
Selection grade unless he has been appointed to Grade IV of
Service to the post of Dy. Commissioner of Customs &
Central Excise and has entered the 14th year in
that Service on the 1st July of the year
calculated from the year of examination on the basis of
which he was recruited;
Provided further that inter-se seniority of
Officers in Grade IV shall not be changed as a result of
their appointment to the Non-functional Selection Grade."
|
"21. Appointment to the Grade III of Service : 30% posts of
the Senior Duty Posts shall be operated in the Grade III of
Service, which is Non-functional Selection Grade (Rs.
14300-400-18300) of Junior Administrative Grade of the
Service, and appointment to these posts shall be by promotion
on the basis of seniority based on suitability taking into
account of the overall performance, experience and any other
related matter;
Provided that no officer shall be appointed to the
selection grade unless he has been appointed to the Grade IV
of service to the post of Joint Commissioner of Customs
& Central Excise and has entered the 14th
year in that service on the 1st Jan. of the year
calculated from the year following the year of examination
on the basis of which he was recruited.
Provided further that inter-se seniority of
Officers in Grade IV shall not be changed as a result of
their appointment to the Non-functional selection Grade."
|
9.
|
"22 (a) Officers of Grade IV of the Service, holding
the post of Dy. Commissioner of Customs & Central Excise
with eight years regular service in the grade (including
service, if any, rendered in non-functional selection grade
of Rs. 14300-400-18300)
|
"22 (a) Officers of Grade IV of the Service holding
the post of Joint Commissioner of Customs & Central
Excise with eight years of regular service in the grade
(including service, if any,a rendered in Non-functional
Selection Grade
|
10.
|
"26(3) The Government may require a person appointed
to the Grade VI of the service to undergo during the period
of probation such Courses of training and to pass such
examination and tests as it may think fit to specify as a
condition for satisfactory completion or probation."
|
"26 (3) The Government may require a person appointed
to the Grade VI of the service to undergo during the period
of probation such Courses of training conducted by National
Academy of Customs, Excise and Narcotics and to pass such
examination and tests as it may think fit. The candidates
so appointed to the Grade VI of the service would be granted
their first increment only after passing such examination
and tests."
|
11
|
"26(5) On completion of the period of probation to the
satisfaction of the Government, the person shall, if
considered fit for permanent appointment to the service, be
so appointed subject to the availability of permanent
vacancies in the grade."
|
"26 (5) On completion of the period of probation to
the satisfaction of the Government, the person shall, if
considered fit for permanent appointment to the service, be
so appointed."
|
11.
|
Scheduled - I
1.
Grade-I-Chief Commissioner of Customs & Central Excise -
17
2.
Grade-II-(Senior Administrative Grade) Commissioner of
Customs & Central Excise - 147
3.
Grade-III-Non-functional Selection Grade of Junior
Administrative Grade-Additional Commissioner of Customs
& Central Excise; and
4.
Grade-IV(Junior Administrative Grade) Dy. Commissioner of
Customs & Central Excise - 286
5.
Grade-V- (Senior Time Scale)-Assistant Commissioner of
Customs & Central Excise - 808
6.
Grade-VI-(Junior Time Scale)-Assistant Commissioner of
Customs & Central Excise - 232
7.
(i) Deputation Reserve :
(ii) Leave Reserve: 215
(iii)Training Reserve:
(iv) Probationary Reserve:
|
Schedule - I
1.
Grade-I-Chief Commissioner of Customs & Central Excise-
47
2.
Grade-II-(Senior Administrative Grade) Commissioner of
Customs & Central Excise - 289
3.
Grade-III-Non-functional Selection Grade of Junior
Administrative Grade-Additional Commissioner of Customs
& Central Excise; &
4.
Grade-IV- (Junior Administrative Grade)- Joint Commissioner
of Customs & Central Excise - 576(300+276)
5.
Grade-V- (Senior Time Scale)-Dy. Commissioner of Customs
& Central Excise - 601
6.
Grade-VI- (Junior Time Scale) - Assistant Commissioner of
Customs & Central Excise - 790 + =
|
12.
|
Schedule III
2. A candidate must have attained the age of 21 years
but must not have attained the age of 26 years on the first
day of August of the year in which the examination is held.
|
Schedule III
2. A candidate must have attained the age of 21 years
but must not have attained the age of 30 years on the first
day of August of the year in which the examination is held.
|
Sanctioned Posts of IRS (C&CE) in
CBEC
S.No.
|
Name of Post
|
No of sanctioned posts in cadre restructuring 2001
|
Number Created later (Order No. & Date)
|
Number Abolished later (Order No. & Date)
|
Number as on date
|
No. of posts sanctioned for SEZ (cost recovery posts
(inclusive of total number
|
No. of posts which are proposed for abolition under
ADR Plan and cannot Be filled up
|
(1)
|
(2A)
|
(3)
|
(4A)
|
(4B)
|
(5)=[(3)+(4A)-(4B)]
|
6
|
7
|
1
|
Chief Commissioner
|
47
|
-
|
|
47
|
|
|
2
|
Commissioner
|
290
|
(+6)#
|
(-1) vide A 11019/18/2002-Ad.IV dated 20.3.2003
|
295
|
|
|
3
|
Addl. Commissioner
|
300
|
17#
|
|
317
|
|
|
4.
|
Jt. Commissioner
|
276
|
|
|
276
|
|
|
5.
|
Dy. Commissioner
|
701
|
(+144)$(+62) & (+3)>
|
(-100) vide A.11013/09/2002-Ad.IV dated 16.6.2003
|
810
|
206
|
|
6.
|
Asstt. Commissioner
|
690
|
135#
(+100) vide A 11013/09/2002-Ad.IV
|
|
925
|
|
|
(*) Order No. A. 11013/53/2004-As.IV dated1.2.2005
(#) Creation of posts vide A.11013/12/2007-Ad.IV
dated 16.8.2007
(**) A. 11013/4/2007-Ad.IV dated
13.11.2007-encadrement of SEZ
(***) A 11013/4/2007-Ad.IV dated 20th March,
2008
($) A 11013/4/2007-Ad.IV dated 31st March,
2008
(% A 11013/4/2007-Ad.IV dated 14.1.2009
@ A 11013/36/2008-Ad.IV dated 18.2.2009
(&) A 11013/4/2007-Ad.IV dated 19.8.2009
(>) A 11013/01/2005-Ad.IV dated