Indian Revenue Service (Customs and Central Excise ) Group ‘A’ Rules, 2016 - G.S.R. 438(E) - Indian Law

MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 22nd April, 2016 G.S.R. 438(E). -In exercise of the powers conferred by the proviso to article 309 of the Constitution and in suppression of the Indian Revenue Service (Customs and Central Excise) Group A Rules, 2012 published by the Government of India, Ministry of Finance, Department of Revenue vide G.S.R No.683 (E) dated the 13th September, 2012 in the Gazette of India Extraordinary, Part-II, Section (3), Sub-Section (i) dated the 13th September, 2012 except as respects things done or omitted to be done before such supersession, the President hereby makes the following rules, regulating the method of recruitment to various Group A posts of Indian Revenue Service (Customs and Central Excise), Department of Revenue, Ministry of Finance, namely:- 1. Short title and commencement.- (1) These rules shall be called the Indian Revenue Service (Customs and Central Excise ) Group A Rules, 2016. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions .- In these rules, unless the context otherwise requires,- (a) Board means the Central Board of Excise and Customs; (b) Commission means the Union Public Service Commission; (c) Controlling Authority means the Government of India, Ministry of Finance, Department of Revenue; (d) Departmental Screening Committee means the Committee constituted for grant of Non-Functional Selection Grade or Non-Functional Upgradation respectively in any grade of the Service included in Schedule I and the composition of the Committee shall be as specified in Schedule IV. (e) Examination means the competitive 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; (f) grade means a grade of the Service; (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 regular appointment to that grade and includes any period or periods- (i) taken into account for the 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 on regular basis but for being on leave or otherwise not being available for holding such posts; (i) Schedule means a Schedule appended to these rules; (j) Service means the Indian Revenue Service (Customs and Central Excise) Group A . 3. Constitution of Service.- (1) There shall be constituted a Service known as the Indian Revenue Service (Customs and Central Excise) Group A consisting of persons appointed to the Service under rule 5. (2) All the posts included in the Service shall be classified as Group A posts. (3) The Service shall, on the date of commencement of these rules, consist of officers who have already been appointed to the Indian Customs and Central Excise Group A in the various grades as specified in Schedule I on a regular basis. 4. Grades, authorised strength and their review.- (1) The authorised permanent strength in various grades of the Service on the date of commencement of these rules, the number of posts in each grade and the pay band and grade pay or pay scale attached thereto shall be specified in Schedule 1. (2) On and from the date of commencement of these rules, the authorised permanent strength of various grades of the service shall be as may be determined by the Central Government from time to time subject to variation depending on workload. 5. Future maintenance of the Service. - (1) The vacancies in any of the grades specified in Schedule I shall be filled in the manner as hereinafter provided in this rule. (2) Fifty per cent of the vacancies in Grade VIII (Junior Time Scale) i.e. Assistant Commissioner of Customs and Central Excise shall be filled by direct recruitment on the basis of the results of the Examination conducted by the Commission in the manner specified in Schedule II. (3) Fifty per cent of the vacancies in Grade VIII (Junior Time Scale) i.e. Assistant Commissioner of Customs and Central Excise shall be filled by promotion from amongst the Group B officers in the Central Excise, Customs and Narcotics Department, who have completed two years of regular service in any of the following feeder cadres, namely:- (i) Superintendents of Central Excise in the Central Excise Department and District Opium Officer or Intelligence Officers or Superintendents (Executive) in the Narcotics Department; (ii) Superintendents of Customs (Preventive) in the Customs Department; and (iii) Appraisers of Customs in the Customs Department. NOTE: For the purpose of making promotion from Group B to Group A , from amongst the categories of officers mentioned in clause (i) of sub-rule 3, a combined eligibility list of Superintendents of Central Excise and District Opium Officers of Intelligence Officers or Superintendent (Executive) in the Narcotics Department shall be prepared with reference to the date of completion by the officers of the prescribed qualifying service in the respective grade or post. (4) (a)The vacancies to be filled by promotion shall be filled out of the three Group B categories of the officers mentioned in sub-clauses (i), (ii) and sub-clause (iii) of sub-rule 3 of rule 5 in the ratio of 13:2:1 respectively for each bunch of sixteen vacancies. (b) Out of sixteen vacancies, the first thirteen vacancies shall be filled from amongst the officers referred to in sub-clause (i) of sub-rule (3), the 14th and 15th vacancies shall be filled from amongst the officers referred to in sub-clause (ii) of the said sub-rule (3) and the 16th vacancy shall be filled from amongst the officers referred to in sub-clause (iii) of sub-rule (3). (5) The appointments in the Service to Grade VII (Senior Time Scale) i.e. Deputy Commissioner of Customs and Central Excise and above shall be made by promotion form amongst the officers in the next lower grade with the minimum qualifying service as specified in column (4) of Schedule III. (6) (a) The promotion of officers, except to the Junior Administrative Grade (Non-Functional Selection Grade) shall be made by selection on the basis of the recommendations of the Departmental Promotion Committee constituted in accordance with Schedule IV. (b) The placement to the Junior Administrative Grade (Non-Functional Selection Grade) shall be on seniority basis subject to fitness or suitability based on the recommendation of the Departmental Promotion Committee specified in column (3) of Schedule IV. 6. Probation and confirmation. - (1) Every officer on appointment to the Service, either by direct recruitment or by promotion in Junior Time Scale shall be on probation for a period of two years: Provided that the Controlling Authority may extend the period of probation in accordance with the instructions issued by the Central Government from time to time: Provided further that any decision for extension of a probation period shall be taken ordinarily within eight weeks after expiry of the initial period of probation and communicated in writing to the concerned officer together with the reasons for so doing within the said period. (2) On completion of the period of probation, or any extension thereof, officers shall, if considered fit for permanent appointment, be retained in their posts on regular basis and be confirmed. (3) If, during the period of probation, or any extension thereof, as the case may be, the Controlling Authority is of the opinion that an officer is not fit for permanent appointment, it may discharge or revert the officer to the post held by him prior to his appointment in the service, as the case may be. (4) During the period of probation, or any extension thereof, an officer may be required by the Controlling Authority to undergo such course of training and instructions and to pass examinations, and tests (including examination in Hindi) as it may deem fit, as a condition to satisfactory completion of the probation. (5) As regards other matters relating to probation, the members of the Service shall be governed by the instructions issued by the Central Government in this regard from time to time. 7. Seniority. - (1) The relative seniority of the members of the Service on commencement of the rules shall be the relative seniority in their respective grades as already determined before the date of commencement of these rules: Provided that if the seniority of any member of the Service had not been determined before the commencement of these rules, it shall be determined by the Controlling Authority in accordance with the general orders or instructions on seniority issued by the Central Government from time to time. (2) The seniority of persons appointed to various grades of the Service on and from the date of commencement of these rules shall be determined in accordance with the general orders or instructions on seniority issued by the Central Government from time to time. (8) Grant of non-functional upgradation. - (1) Non-functional upgradation may be granted to the members of the Service in accordance with the instructions issued by the Central Government in this behalf from time to time and on the basis of the recommendation of the Departmental Screening Committee specified in column 5 of Schedule IV. (2) All the prescribed eligibility criteria and promotion norms including benchmark for up-gradation to a particular grade pay shall have to be fulfilled at the time of screening for grant of higher pay-scale. 9. Conditions of Service.- (1) An officer appointed to the Service shall be liable to serve anywhere in India, including field service in or out of India. (2) The conditions of service of the officer of Service in respect of matters for which no provision has been made under these rules shall be the same as are applicable from time to time, to the officers of Central Civil Services in general. 10. Residuary matters. - In regard to matters not specifically covered by these rules, or instructions or orders made or issued thereunder or by special orders, the members of the Service shall be governed by the rules, instructions and orders applicable to the officers of Central Civil Service in general. 11. Disqualification.- 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 Central 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 that there are other grounds for so doing, exempt any person from the operation of these rule. (12) Power to relax. - Where the Central 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. 13. Savings .- Nothing in these rules shall affect reservation, relaxation of age limit and other concessions required to be provided for the Schedule Castes, the Schedule Tribes, other backward classes, Ex-Servicemen and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard. 14. Interpretation. - If any question arises relating to the interpretation of these rules, it shall be referred to the Central Government which shall decide the same. Schedule I [See sub-rule (3) of rule 3 and sub-rule (1) of rule 4] (Grades, numbers and scales of pay of posts included in the Service) Sl. No. Grade of Service. No. of posts. Pay band and grade pay or pay scale. (1) (2) (3) (4) 1 Principal Chief Commissioner or Principal Director General of Customs and Central Excise (Grade I) (Apex Grade). 14 Apex Scale ₹ 80,000 (fixed). 2 Chief Commissioner or Director General of Customs and Central Excise (Grade II) (Higher Administrative Grade+). 38 (Higher Administrative Grade+) ₹ 75,500 - 80,000. 3 Principal Commissioner of Customs and Central Excise (Grade Ill) (Higher Administrative Grade). 100 Higher Administrative Grade ₹ 67,000-79,000. 4 Commissioner of Customs and Central Excise(Grade IV) (Senior Administrative Grade). 340 Pay band 4, ₹ 37,400-67,000 with grade pay of ₹ 10,000. 5 Additional Commissioner of Customs and Central Excise Junior Administrative Grade (Grade V) (Non-Functional Selection Grade). Pay band 4, ₹ 37400-67000 with grade pay of ₹ 8700. 6 Joint Commissioner of Customs and Central Excise (Grade VI) (Junior Administrative Grade). 932 Pay band-3, ₹ 15,600-39,100 with grade pay of ₹ 7,600. 7 Deputy Commissioner of Customs and Central Excise (Grade VII) (Senior Time Scale). 801 Pay band-3, ₹ 15,600-39,100 with grade pay of ₹ 6,600. 8 Assistant Commissioner of Customs and Central Excise (Grade VIII) (Junior Time Scale). 1249 Pay band-3, ₹ 15,600-39,100 with grade pay of ₹ 5400. Note: The number of posts in Non-Functional Selection Grade in the pay band-4, ₹ 37,400-67,000 with grade pay of ₹ 8700 shall be restricted to thirty per cent of senior duty posts in the cadre (i.e. posts in the pay band with grade pay of ₹ 6600/- and above) and there shall be no increase in the overall strength of the cadre and the number of posts to be operated in the Non-Functional Selection Grade shall not exceed the number of posts available in the Junior Administrative Grade. SCHEDULE II [See sub-rule (2) of rule 5] The minimum educational qualifications and age-limit for direct recruitment to posts in Grade VIII (Junior Time Scale) of the Service on the results of the Examination. 1. A candidate shal l possess a degree from,- (i) a University incorporated by an Act of Parliament or an Act of a State Legislature in India; or (i) an educational institution established by an Act of Parliament or declared to be deemed university under section 3 of the University Grants Commission Act, 1956 (3 of 1956) or equivalent. Note 1 : In exceptional cases, the Commission may treat a candidate not possessing any of the above qualifications as a qualified candidate provided that he has passed examination conducted by other institution the standard of which in the opinion of the Commission, justifies his admission to the examination. Note 2: A candidate possessing professional and technical qualifications which are recognised by Government as equivalent to professional and technical degree would also be eligible for admission to the examination. 2. A candidate shall have attained the age of 21 years but shall not have attained the age of 32 years on the 1st of August in the year in which the examination is held. Note 1 : The prescribed age limits may vary in accordance with the notifications issued by the Commission for Civil Services Examination from year to year. Note 2 : The upper age limit is also relaxable for the Scheduled Castes or Scheduled Tribes or other backward classes and certain other categories as notified by the Commission for Civil Services Examination from time to time. Schedule III (See rule 5) The method of recruitment, field of promotion and minimum qualifying service in the next lower grade for appointment of officers on promotion to the posts included in the various grades of the Indian Revenue Service (Customs and Central Excise) Group A . Sl. No. Name of post. Method of recruitment. Field of selection, grade and the minimum qualifying service for promotion. (1) (2) (3) (4) 1 Principal Chief Commissioner or Principal Director General of Customs and Central Excise (Grade I) (Apex Grade). Promotion on the basis of selection. Officers in the Higher Administrative Grade+ (Grade II) in the scale of pay of ₹ 75500 (annual increment @ 3%) 80000) with one year regular service in the grade 2 Chief Commissioner or Director General of Customs and Central Excise (Grade II) (Higher Administrative Grade+). Promotion on the basis of selection. Officers in the Higher Administrative Grade (Grade III) in the scale of pay of ₹ 67000 (annual increment @ 3%) 79000) with one year regular service in the grade. 3 Principal Commissioner of Customs and Central Excise (Grade Ill) (Higher Administrative Grade). Promotion on the basis of selection. Officers in the Senior Administrative Grade (Grade IV) in the pay band-4, ₹ 37,600- 67000 with grade pay of ₹ 10,000/- with three years regular service in the grade. or Officers with twenty five years regular service in Group A posts in the Service, out of which one year shall be in the Senior Administrative Grade (Grade IV). 4 Commissioner of Customs and Central Excise (Grade IV) (Senior Administrative Grade). Promotion on the basis of selection. Officers in the Junior Administrative Grade (Grade VI) in the pay band-3, ₹ 15600- 39100 with grade pay of ₹ 7600/- with eight years regular service in the grade including service, if any, rendered in the Non Functional Selection Grade (Grade V); or Officers with seventeen years regular service in Group A posts in the Service, out of which four years regular service shall be in the Junior Administrative Grade (Grade VI), including services, if any, rendered in the Non Functional Selection Grade (Grade V). 5 Additional Commissioner of Customs and Central Excise Junior Administrative Grade (Grade V) (Non-Functional Selection Grade). By placement on non-selection basis. Officers in the Junior Administrative Grade (Grade VI) in the pay band-3, ₹ 15600- 39100 with grade pay of ₹ 7600/- who have entered the fourteenth year in the regular service on the 1st January of the year calculated from the year following the year of Examination on the basis of which the officer was recruited: Provided that the Junior Administrative Officers who entered the Service by the method of promotion in the Junior Time Scale (Grade VIII) shall also be considered eligible for appointment in the Non Functional Selection Grade of the Junior Administrative Grade, provided they have entered the fourteenth year of regular service in Group A following the rules governing seniority along with officers who entered the fourteenth year of service through the method of direct recruitment. 6 Joint Commissioner of Customs and Central Excise (Grade VI) (Junior Administrative Grade). Promotion on the basis of selection. Officers in the pay band-3, ₹ 15600- 39100 with grade pay of ₹ 6600/- with five years regular service in the Senior Time Scale (Grade VII). 7 Deputy Commissioner of Customs and Central Excise (Grade VII) (Senior Time Scale). Promotion on the basis of selection. Officers in the pay band-3, ₹ 15600- 39100 with grade pay of ₹ 5400/- with four years regular service in Junior Time Scale (Grade VIII): Provided that an officer appointed to the Grade VIII of the Service shall not be considered for promotion to Grade VII until he has successfully completed the period of probation. 8 Assistant Commissioner of Customs and Central Excise (Junior Time Scale) (Grade VIII). Fifty per cent by direct recruitment through Civil Services Examination conducted by the Commission; Fifty per cent by promotion. Fifty per cent of the vacancies in the Junior Time Scale (Grade VIII) shall be filled by promotion in accordance with sub-rule (3) of rule 5 and sub-rule (4) of rule 5 from amongst the following categories of Group B officers in the Central Excise, Customs and Narcotics Department who have completed two years regular service in any of the following feeder Cadres, namely:- (a) Superintendents of the Central Excise in the Central Excise Department and District Opium Officer or Intelligence Officers or Superintendents (Executive) in the Narcotics Department in the pay band -2, ₹ 9300-34800 with grade pay of ₹ 4800; (b) Superintendents of Customs (Preventive) in the Customs Department in the pay band-2, ₹ 9300-34800 with grade pay of ₹ 4800; and (c) Appraisers of Customs in the Customs Department in the pay band -2, ₹ 9300- 34800 with grade pay of ₹ 4800. Note 1 : Where juniors who have completed their qualifying or eligibility service are being considered for promotion, their seniors shall also be considered provided they are not short of the requisite qualifying /eligibility service by more than half of such qualifying or eligibility service or two years, whichever is less, and have successfully completed their probation period for promotion to the next higher grade along with their juniors who have already completed such qualifying or eligible service. Note 2 : For the purpose of computing minimum qualifying service for promotion, the service rendered on a regular basis by an officer prior to the 1st January, 2006 or the date from which the revised pay structure based on the recommendat ions of the Sixth Central Pay Commission has been extended, shall be deemed to be service rendered in the corresponding grade pay or pay scale extended based on the recommendations of the said Pay Commission. Schedule IV (See sub-rule 6 of rule 5) Composition of Departmental Promotion Committee or Departmental Confirmation Committee or Departmental Screening Committee for considering cases of promotion, confirmation and non-functional upgradation to the posts included in the various scales or grades of the service. S. No. Scale or grade. Departmental Promotion Committee for considering Promotion or Departmental Screening Committees for considering non-functional selection grade. Departmental Confirmation Committee for considering confirmation. Departmental Screening Committee for considering non functional upgradation. (1) (2) (3) (4) (5) 1. Principal Chief Commissioner or Principal Director General of Customs and Central Excise (Grade I) (Apex Grade). 1. Chairman or Member, Union Public Service Commission Chairman 2. Secretary (Revenue) Member 3. Chairman, Central Board of Excise and Customs Member 4. Senior-most Member, Central Board of Excise and Customs - Member Not applicable. Not applicable 2 Chief Commissioner or Director General of Customs and Central Excise (Grade II) (Higher Administrative Grade+). 1. Chairman or Member, Union Public Service Commission Chairman 2. Secretary (Revenue) Member 3. Chairman, Central Board of Excise and Customs Member 4. Senior-most Member, Central Board of Excise and Customs - Member Not applicable. Not applicable. 3. Principal Commissioner of Customs and Central Excise (Grade III) (Higher Administrative Grade). 1. Chairman or Member, Union Public Service Commission Chairman 2. Secretary (Revenue) Member 3. Chairman, Central Board of Excise and Customs Member 4. Senior-most Member, Central Board of Excise and Customs - Member Not applicable. 1. Secretary (Revenue) Chairman 2. Chairman, Central Board of Excise and Customs Member 3. Member (Personnel and Vigilance), Central Board of Excise and Customs Member 4. Senior-most Member, Central Board of Excise and Customs [other than Member (Personnel and Vigilance)] Member 4. Commissioner of Customs and Central Excise (Grade IV) (Senior Administrative Grade). 1. Chairman or Member, Union Public Service Commission Chairman 2. Secretary (Revenue) Member 3. Chairman, Central Board of Excise and Customs Member 4. Senior-most Member, Central Board of Excise and Customs - Member Not applicable. 1. Secretary (Revenue) Chairman 2. Chairman, Central Board of Excise and Customs Member 3. Member (Personnel and Vigilance), Central Board of Excise and Customs Member 4. Senior-most Member, Central Board of Excise and Customs [other than Member (Personnel and Vigilance)] Member 5. Additional Commissioner of Customs and Central Excise (Grade V) (Non-Functional Selection Grade of Junior Administrative Grade). 1. Chairman, Central Board of Excise and Customs Chairman 2. Senior most Member, Central Board of Excise and Customs Member 3. Joint Secretary (E), Department of Personnel and Training Member Not applicable. 1. Secretary (Revenue) Chairman 2. Chairman, Central Board of Excise and Customs Member 3. Member (Personnel and Vigilance), Central Board of Excise and Customs Member 4. Senior-most Member, Central Board of Excise and Customs [other than Member (Personnel and Vigilance)] Member 6. Joint Commissioner of Customs and Central Excise (Grade - VI) (Junior Administrative Grade). 1. Chairman or Member, Union Public Service Commission Chairman 2. Chairman, Central Board of Excise and Customs Member 3. Senior-most Member, Central Board of Excise and Customs - Member Not Applicable 1. Secretary (Revenue) Chairman 2. Chairman, Central Board of Excise and Customs Member 3. Member (Personnel and Vigilance), Central Board of Excise and Customs Member 4. Senior-most Member, Central Board of Excise and Customs [other than Member (Personnel and Vigilance)] Member 7. Deputy Commissioner of Customs and Central Excise (Grade VII) (Senior Time Scale). 1. Chairman, Central Board of Excise and Customs Chairman 2. Member (Personnel and Vigilance), Central Board of Excise and Customs Member. 3. Senior-most Member, Central Board of Excise and Customs [other than Member (Personnel and Vigilance)] Member Not applicable. 1. Secretary (Revenue) Chairman 2. Chairman, Central Board of Excise and Customs Member 3. Member (Personnel and Vigilance), Central Board of Excise and Customs Member 4. Senior-most Member, Central Board of Excise and Customs [other than Member (Personnel and Vigilance)] Member 8. Assistant Commissioner of Customs and Central Excise (Grade VIII) (Junior Time Scale). 1. Chairman or Member, Union Public Service Commission Chairman 2. Chairman, Central Board of Excise and Customs Member 3. Senior-most Member, Central Board of Excise and Customs - Member 1. Senior most Member, Central Board of Excise and Customs Chairman 2. Joint Secretary (Admn.), Central Board of Excise and Customs Member 3. Director or Deputy Secretary (Admn.), Central Board of Excise and Customs Member Not applicable. [F. No. 12018/3/2014-Ad.II] JOSEPH ANTONY, Under Secy.