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
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.
(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.
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
(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.
* 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.
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
Statement indicating the existing provisions and proposed provisions
S T AT E M E N T
1. Grade VI - Assistant Commissioner
50% by promotion and 50% by Direct Recruitment. [Rule5(2)]
2. Grade V - Deputy Commissioner
Completion of 4 years if service in Grade VI. [Rule 19(2)]
3. Grade IV - Joint Commissioner
Minimum 5 years' regular service in grade V. [ Rule 20(2)]
4. Grade III - Additional Commissioner
Officers of Grade IV who have entered into the 14th year as on 1st January of the year calculated from the year following the year of examination on the basis of which he was recruited. [Rule 21 ]
5. Grade II - Commissioner
17 years' regular service in Group 'A'. [Rule 22(b)].
6. Grade I - Chief Commissioner
3 years' regular service in the grade of Commissioner of Customs & Central Excise. [Rule 23 ].
Sanctioned Posts of IRS (C&CE) in CBEC
(*) 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