Transfer/Rotation/Shifting and tenure of Appraisers of Customs and Inspectors (Examiners) in periodic general shift for postings in Mumbai Customs, Zone II –reg. - Customs - STANDING ORDER NO.19/2015

OFFICE OF THE COMMISSIONER OF CUSTOMS (GEN) JAWAHARLAL NEHRU CUSTOM HOUSE, SHEVA, TAL-URAN, DIST: RAIGAD, MAHARASHTRA 400707 F.No. S/5-Gen-37/2015/ P E/ JNCH Date: 13.05.2015 STANDING ORDER NO.19/2015 Sub: Transfer/Rotation/Shifting and tenure of Appraisers of Customs and Inspectors (Examiners) in periodic general shift for postings in Mumbai Customs, Zone II reg . 1. INTRODUCTION The Transfer Rotation Policy of Appraisers of Customs and Inspectors (Examiners) in various Customs and Central Excise Zones under Cadre Control of Mumbai Customs Zone-I were earlier guided by the Standing Order Nos. 7762/2002 dated 26.12.2002 and 7771/2003 dated 04.02.2003. Further, Rotation policy dated 23.10.2009 in respect of Group B and C officers in JNCH, Nhava Sheva was issued by Chief Commissioner s Office, JNCH vide F. No. S/II-03(14)/2008 CCO M-II. As of now, the transfer and posting in the grade of Appraisers and Inspectors (Examiners in Mumbai Zone-II are being carried out as per the above Rotation Policy dated 23.10.2009. 2. NEED FOR REVISION IN THE EXISTING TRANSFER AND POSTING POLICY In pursuance of Board s letter F. No. A-11019/08/2013-Ad.IV dated 01/08/2014 and allocation of Appraisers made vide letter dated 16.10.2014 and amendments on revised allocation of cadre strength dated 09/01/2015 in pursuance of cadre restructuring and re-organization of various filed formations under CBEC, a revised Transfer and Posting Policy and guidelines have been issued by Mumbai Zone-I vide Standing Order No. 02/2015 dated 19.03.2015 issued vide F. No. S/5-43/2015 Estt. Hence, the existing Rotation Policy dated 23.10.2009 of JNCH has been reviewed and reformulated in concurrence with the Standing Order No. 02/2015 dated 19.03.2015. Accordingly, a revised policy is being issued in supersession of the existing Transfer/ Rotation Policy and all amendments thereto. 3. GUIDING PRINCIPLES For the purpose of rotation and transfer of Appraisers and Inspectors (Examines) following general guidelines would be followed:- 3.1 The rotation of officers among various Commissionerates/ sections to promote all round efficiency, integrity and improve performance. 3.2 The tenure of posting for a particular assignment would depend upon the need for continuity, and the skill/expertise required for that work. 3.3 Performance evaluation and proper appraisal of officer is a significant ingredient to ensure delivery standards. Therefore, rotation would be done in a manner that is conducive to performance evaluation. 3.4 Strict adherence to tenures of postings for equal opportunity to all the officers to perform different jobs and gain varied experience and exposure. 3.5 Certainty about the rotations and length of tenure in any given posting. 3.6 Maintenance of rotations and postings in a definite cycle to ensure that given posting is repeated only when a cycle is completed. 3.7 Selection of officers to sensitive charges strictly on credible track record. 3.8 Prevention of undue influence being brought to bear upon the department in matters of postings and transfers. 3.9 Provide necessary flexibility to administration and empower it to prepare transfer orders in tune with the administrative requirement and convenience. 4. TENURE AND FREQUENCY OF POSTINGS 4.1 As per Standing Order No. 02/2015 dated 19.03.2015, the tenure of posting of Appraisers and Inspectors (Examiners) shall be for three years in Mumbai Zone-II. 4.2 After issuance of the Annual General Transfer from Mumbai Zone-I, the Commissioner of Customs (General), Zone-II would allocate the Appraisers and Inspectors (Examiners) among the Commissionerates by 20th April as far as possible. Thereafter, the respective Principal Commissioner/Commissioner would post the officers under their jurisdiction latest by 25th April, as far as possible. 4.3 Considering the tenure of posting in most places being Six Months, the concerned Principal Commissioners/Commissioners shall rotate the officers under their jurisdiction twice in a year in the months of April and October. It should be ensured that the bi-annual shift orders are strictly implemented by 30th April and 31st October respectively. 4.4 For the purpose of rotation and transfer of Appraisers and Inspectors (Examiners) following general guidelines will be generally followed: (a) The Appraisers shall be posted in such a manner that they are posted for one year in Appraising Group, six months in Import Docks and remaining one and half year in other sections including Examination and one year in SIIB, CIU, CCO and Commissioner (Appeals) taken together. (b) The tenure of postings of Appraisers in CCO and Commissioner (Appeals) shall be offset against the tenure of General Commissionerate. (c) The tenure of posting in Import and Export Docks in respect of Inspectors (Examiners) shall be six months each and remaining 2 years will be in other Sections with minimum tenure of six months in any section except SIIB and CIU where the tenure of posting will be 1 year. (d) Rotation of officers shall be done in such a way that equal opportunity is given to all the officers to perform different jobs and thus gain varied experience. For this purpose the History of Posting of Officers should be taken into consideration and repetition of postings should be avoided to the best possible extent. (e) Officers not free from Vigilance angle will not be given sensitive postings. (f) Postings of Appraisers and Inspectors (Examiners) shall be divided into two broad categories viz. Sensitive and Non-sensitive postings respectively for each Commissionerate. (g) It should be ensured that the officers shall not be posted from one sensitive charge to another sensitive charge as far as possible. This should apply even in the cases of Inter-Commissionerate transfers. (h) The Appraisers and Inspectors (Examiners) shall be posted in Chief Commissioner s Office against the sanctioned strength of Mumbai Zone-II till posts are sanctioned by the Board for Chief Commissioner s Office. (i) An Officer shall not be posted twice in import docks and other sections in his/her present tenure of Mumbai Zone-II posting unless all the other eligible officers are given opportunity of postings to these places. To ensure equal exposure and improve efficiency of all officers par excellence, history of postings would be taken into account. 5. INTELLIGENCE POSTINGS Following general guidelines shall govern the postings to Intelligence Units namely SIIB and CIU: (i) The selection of officers for posting to these Sections shall be done by the Commissioner (General), JNCH. (ii) The tenure of postings in these sections shall be one year. (iii) The tenure of posting in SIIB shall be offset against the tenure of General Commissionerate. (iv) On successful and satisfactory completion of their tenure in such intelligence/investigation unit, the officers may be considered for posting in sensitive sections again on the strength of their performance in the said unit, if considered necessary, in deviation of the policy. (v) In cases where the tenure of officers is required to be extended beyond prescribed tenure of one year for completion of investigation/cases at hand, such extension may be accepted to and such extended period shall be added to the overall tenure of concerned zone. (vi) The officers who were posted in Intelligence/Investigation sections in one zone should preferably not be posted in these sections on transfer to another zone. 6. The officers appearing in ODI List/Agreed List or not clear from vigilance angle may be proportionally distributed among all the Commissionerates. The concerned Principal Commissioner/Commissioner shall accommodate them in non-sensitive charges. It may also be ensured, however, that such officers are not posted to the same place, where the cause of vigilance action arose, at least for another five years, as far as possible. 7. If any officer proceeds on long leave i.e. leave exceeding fifty days in one year or 25 days in six months from any non-sensitive posting, then the officer shall be continued in that posting for one more tenure. However, in case of critical medical condition or genuine reason beyond his/her control the case can be re-examined by the Commissioner of Customs (General). 8. ROTATION BETWEEN SENSITIVE AND NON_SENSITIVE POSTINGS There shall be strict rotation and adherence to tenure of all the postings i.e. sensitive as well as non sensitive postings to ensure all round exposure and efficiency. However, in cases where sufficient number of officers are not available due to administrative/vigilance reasons for posting to sensitive charges, officers can be rotated from one sensitive posting to another sensitive posting. As far as possible, an officer in the subsequent cycle of postings shall not be posted in the same sensitive postings. 9. REPRESENTATION FOR OR AGAINST SPECIFIC POSTING All pre-shift representations shall be made one month prior to the due date of the shift. All such pre-shift representations from the respective officers and forwarded through proper channel shall be placed before the Commissioner (General), JNCH for consideration. All post-shift representations forwarded through proper channel shall be considered in exceptional circumstances only after the concerned officer joins the new place of posting. 10. TIMELY COMPLIANCE OF TRANSFER POSTING ORDERS In order to ensure strict compliance of the transfer orders, it is necessary to stipulate a last date for relieving of all the transferred officers by each formation, in the said rotation/transfer orders. If any officer is not relieved due to administrative or any other reason whatsoever, by the said stipulated last date, the said officer shall stand relieved automatically on the said last date, even without any substitute joining in his/her place. In order to obviate any such situation, the respective Principal Commissioner/Commissioner shall ensure that the transferred officers are relieved in 2-3 phases but strictly by the stipulated last date for compliance of the respective rotation/transfer orders. 11. PUNISHABILITY OF ATTEMPTED INFLUNCE IN THE MATTER OF POSTINGS Canvassing of political or other influence to bear upon superior authority to further the personal interest by any individual officer amounts to misconduct as per the CCS (Conduct) Rules, 1964 and the Government servant would be liable to be proceeded against accordingly. This issues with the approval of the Chief Commissioner of Customs, Zone-II, Nhava Sheva, Raigad. Sd/-13.05.2015 (S. H. HASAN) Principal Commissioner of Customs (Gen) Nhava- Sheva, Raigad.