F.No. II/3-7/Admn/CCO/MCX-I/2015/2169
Mumbai,
the 11th July, 2016.
To,
The Principal Commissioner
/ Commissioner,
Central Excise,
Mumbai-I/II/III/IV/Thane-I/II/Raigad/Belapur/
Appeals-I/II/CX-Audit-I/II/LTU/LTU-Audit,
Mumbai.
The Principal Commissioner
/ Commissioner,
Service
Tax-I/II/III/IV/V/VI/VII/
Appeals-I/II/Audit-I/II/III,
Mumbai.
The Principal Commissioner
/ Commissioner,
Central Excise,
Pune-I/II/III/IV/Goa/Kolhapur/
Audit-I/II/Appeals-I/II-Pune/S.Tax,
Pune/ Audit (ST) Pune/Appeal-ST, Pune
Nashik-I/II/Aurangabad/Wardha/Audit-II,
Nagpur.
Madam/Sir,
Sub:- Modified Transfer/Placement Policy
Guidelines, 2016 for
Group ‘B’ Gazetted and Non-Gazetted Executive Officers in
the Mumbai Central Excise Cadre – reg.
The Chief Commissioner of Central Excise,
Mumbai Zone-I & Zone-II and the Chief Commissioner, Service Tax Zone,
Mumbai have approved amendment to the
ModifiedTransfer/Placement Policy Guidelines, 2015 for Group
‘B’ Gazetted and Non-GazettedExecutive Officers in the Mumbai Central Excise
Cadre resulting in the revised Transfer/Placement Policy. The same shall be named as Transfer/Placement Policy
Guidelines, 2016 for Group ‘B’ Gazetted and
Non-Gazetted Executive Officers in the Mumbai Central Excise Cadre.
2. A copy of the same is enclosed herewith
for record and guidance. The said policy
guidelines have also been uploaded in the Central Excise Mumbai-I’s official
website www.mumbaicentralexcisecbec.gov.in
3. The Chief Commissioner, Central Excise,
Mumbai Zone-I desires that the guidelines prescribed therein shall be
implemented strictly and expeditiously.
4. Difficulties faced, if any, in the
implementation of the said policy may please be brought to the notice of this
office.
Yours faithfully,
Sd/-11.07.2016
(DILIP GOYAL)
ADDL. COMMISSIONER (CCO)
Transfer/Placement
Policy Guidelines, 2016
for Group ‘B’ Gazetted and Non-Gazetted
Executive Officers
in
the Mumbai Central Excise Cadre.
1.1 The Mumbai Central Excise Cadre Control
covers the geographical area and posts under the jurisdiction of the Central
Excise Zones-I and II, Mumbai (including Large Taxpayer Unit (LTU)/ LTU Audit),
Service Tax Zone, Mumbai, Pune Zone, Central Excise Commissionerates of Nasik
and Aurangabad, Nagpur Zone, and the Audit-II Commissionerate of Nagpur Zone.
1.2 The guidelines contained in this policy shall
apply, in toto, to the officers posted in all the Commissionerates of Central
Excise Mumbai Zone-I (including Large Taxpayer Unit (LTU)/ LTU Audit), Mumbai
Zone - II and Service Tax Zone, Mumbai. It also applies to officers of the above said cadre and posted in all the Commissionerates of Pune
Zone, the Central Excise Commissionerates of Aurangabad and Nasik in Nagpur
Zone, and Audit-II Commissionerate of Nagpur Zone, in so far as it relates to them as explained herein.
1.3 This policy also applies to the officers posted to
Directorate General of Service Tax Mumbai, DGTS Mumbai, Appeals (Central
Excise and Service Tax) and Marine & Preventive Wing of Customs (Preventive)
Commissionerate, Mumbai.
1.4 This policy also seeks to manage/facilitate placement of officers
of the cadre controlling
zone on deputation/transfer on loan basis to various other
Directorates and formations of CBEC such as DRI, DGCEI, DG Valuation, DG Audit,
NACEN etc. in Mumbai.
1.5 The instructions contained in this policy will supersede all the
guidelines issued in the past, in so far as it relates to transfer and posting
of officers in the cadre of Group ‘B’ Gazetted and Non-Gazetted Executive Officers.
1.6 This policy will be
subject to the instructions/guidelines issued/to be issued from time to time by
the CBEC and the Department of Personnel, Government of. India.
2.
AIMS OF THE POLICY
2.1 The aim of this transfer and posting policy is to lay down
standard norms with a view to provide objectivity and transparency in posting
and transfers of officers and to improve efficiency of
administration.
2.2 The policy also seeks to ensure that subject to
administrative exigencies the guidelines issued by the Government with reference to the special
requirements of women officers and also to ensure that compassionate cases are
treated deservingly.
3. GENERAL
GUIDELINES
3.1 The
Cadre Controlling Authority in respect of Group 'B' Gazetted and Non-
Gazetted Executive Officers in the Mumbai Central Excise Cadre is the Chief Commissioner of Central Excise, Mumbai Zone-I.
Gazetted Executive Officers in the Mumbai Central Excise Cadre is the Chief Commissioner of Central Excise, Mumbai Zone-I.
3.2 All transfers and postings of officers from one Zone to another
Zone within the Mumbai Central Excise Cadre Control, and to LTU/LTU
(Audit) shall be effected only with the approval of the Chief Commissioner of Central Excise, Mumbai Zone-I.
3.3
The annual Inter-Zonal Transfer (IZT)
shall be done by the Chief Commissioner of Central Excise, Mumbai Zone-I. The
IZT should normally be completed by the 30th of April every year. For calculating tenure of an officer in a Zone/Comm’te, the
tenure shall be computed on ‘Order-to-Order’ basis rather than a particular month/date
of a year with a grace period of 2 months.
3.4
Transfers and Posting of officers to the Commissionerates within each
Zone of Mumbai Central Excise Cadre Control shall be done by the Chief Commissioner of the respective Zone.
The annual Inter Commissionerate Transfer (ICT) should normally be completed by
the 30th of May every year.
3.5 For the sole purpose of this policy, the geographical area under
the jurisdiction of Mumbai CX Zones-I and II,
and Service Tax Zone, Mumbai, shall be treated as a single station, i.e.,
Mumbai.
3.6 Subject to administrative exigencies and with the
exception of cases on compassionate grounds, officers on promotion shall,
ordinarily be transferred out of the Commissionerates in which they are working at the time of
promotion.
3.7 The Establishment Branch of the Cadre
Controlling Cell in the office of the Chief Commissioner, Central Excise
Zone-I, Mumbai shall ensure that the database containing the profiles/history of
posting of all officers is maintained and regularly updated.
3.8 Whenever vacancies exist in a particular
cadre under Mumbai Central Excise Cadre Control, these vacancies will be
apportioned to each Zone/Commissionerate and other offices of CBEC as well as
M&P and LTU within the Cadre Control on a pro-rata basis, and postings of
officers to each Zone/Commissionerate and other offices will be made
accordingly.
4. GUIDELINES ON INTER ZONAL TRANSFER
WITHIN MUMBAI
4.1 The provisions of this clause shall apply to
the officers working in Mumbai Central Excise, Zones-I and II, and Service Tax
Zone, Mumbai.
4.2 The tenure of an officer in a Central
Excise/Service Tax Zone will be for a period of 5 years.
4.3 An officer
who has completed his tenure in a Central Excise Zone will be transferred to
the Service Tax Zone and vice-versa, and on completion should be rotated as
shown below :-
A->B->C or C->B->A
where B stands for Mumbai Service Tax Zone and
A & C stands for Central Excise Zone-I & II
respectively.
Exceptions to the
above may be considered by the Administration as per exigencies.
5. GUIDELINES FOR INTER-COMMISSIONERATE
TRANSFER WITHIN MUMBAI CX ZONES I & II, SERVICE TAX ZONE
5.1 Inter-Commissionerate Transfer (ICT) of
officers should be effected annually in Mumbai Central Excise Zones-I and II, and Service Tax
Zone by the respective Chief Commissioners of the Zones. In the ICT, an officer
can be transferred to any Commissionerate within that Zone.
5.2 In view of the
Department moving towards an Audit based control, the normal tenure of an
officer posted to any Audit Commissionerate (Central Excise Audit or Service
Tax Audit) shall be three years and the posting in LTU-Audit will be two years,
subject to administrative exigencies.
5.3 :
a) The normal
tenure of an officer in a Commissionerate shall be three years. In HQ /
Divisions / Ranges – each posting shall be for a period of one year, except in
the case of officers posted to Anti-Evasion/Preventive, where the tenure shall
be of maximum two years. However, exception may be considered by the Pr. Commissioner/Commissioner
as per requirement.
b) In respect
of Service Tax Executive Commissionerates, the postings in Range/Group and Anti Evasion section, the
maximum tenure of the officer shall be two years. However, based on the administrative
requirement, the officer in Anti Evasion section may continue for more than two
years, maximum upto three years with prior approval of the Chief Commissioner.
In respect of all other sections the normal tenure shall be for one year only.
c) The tenure
of officers in Central Excise and Service Tax Audit Commissionerates shall be 2
years in group and one year in Circle HQ / Commissionerate HQ. However,
exception may be considered by the Pr. Commissioner/Commissioner as per
requirement.
d) In LTU
Mumbai the officers posted in Hqrs and GLT shall be rotated on a yearly basis.
In LTU audit rotation shall be carried out annually. However, based on
administrative requirements, Pr. Commissioner/Commissioner, LTU / LTU-Audit may
allow the officer to continue in a GLT / Group for more than one year.
5.4 The normal tenure in Chief Commissioner’s Office shall be of one year, which
may be extended as per the requirement of the concerned Chief
Commissioner/Administration. This posting
will be treated as non-sensitive. Normally, the tenure in Chief Commissioner’s
Office shall be included in the zonal
tenure. However, based on the administrative exigencies, the Chief Commissioner
may exclude it from the zonal tenure of the officer.
6.
GENERAL GUIDELINES FOR COMPUTING TENURE IN A ZONE / COMMISSIONERATE
6.1 While computing the afore-said tenure and for
period of cumulative stay in a Zone/Commissionerate
the tenure of service by an officer in the cadres of Gr. B Gazetted
and Non-Gazetted in a
Zone/Commissionerate at a stretch in one cadre shall be considered.
6.2 While computing the afore-said tenure at a stretch in one
cadre, the tenure will be counted irrespective of the present and erstwhile
formations of Service Tax.
6.3 While computing the afore-said tenure and/or period of
cumulative stay in a Zone/Commissionerate the tenure of service of an officer
in M & P Wing of the Customs (Preventive) Commissionerate/Deputation and
other posting on loan basis shall not be counted.
6.4 While
computing the aforesaid tenure and/or period of cumulative stay in a
Zone/Commissionerate, the period served under suspension, if any, by the
officer shall not be counted.
7. TRANSFER/POSTING TO LARGE TAX-PAYER UNIT(LTU)/LTU-AUDIT
7.1 The cadre-control cell of the
Cadre Controlling Authority will maintain a common seniority list consisting of
all officers of Mumbai Central Excise Cadre Control (excluding officers posted
in Pune Zone and Nagpur Zone), separately for Superintendents and Inspectors,
for the purpose of posting to LTU/LTU Audit, Mumbai. The subject
Roster/Seniority List shall be circulated to all the Commissionerates every
quarter.
7.2 Officers will be posted to LTU/LTU-Audit based on their seniority in this list, irrespective of
where they are posted when they are due for transfer to LTU/LTU Audit. However, officers working in M&P and Pune postings
will be posted only after completion of their tenure.
7.3 Postings in
LTU/ LTU-Audit, Mumbai, will not be treated as a posting in any of the Central
Excise Zones in Mumbai, or Service Tax Zone. The tenure in LTU/LTU Audit will
therefore not be counted towards tenure in any other Zone.
7.4 The tenure of posting
of officers to LTU and LTU-Audit shall be two years. While computing the
aforesaid tenure, leave period in excess of total of 60 days excluding CL
during the period of service in LTU shall not be counted.
7.5 An officer
who was posted to LTU/LTU-Audit from a Central Excise / Service Tax Zone
should, after completion of tenure in LTU/LTU-Audit, be posted back to the same
Zone from where the officer was posted to LTU/LTU-Audit, to complete the Zonal
tenure.
7.6
Officers in the grade of Superintendent shall be selected for posting to
LTU by applying the following criteria sequentially:-
i. Superintendents who have not worked in LTU in
the grade of Inspector or Superintendent shall be posted to LTU.
ii. Taking
into consideration the health issues of officers, the upper age limit for
posting of Superintendent and Inspector to M&P Wing/LTU/LTU-Audit/Pune
shall be 56 years at the time of issue of order.
7.7 The
officers in the grade of Inspector with minimum service of three years in the
grade alone shall be considered for posting to LTU.
7.8 Notwithstanding
the guidelines as above, officers on promotion may be considered for transfer
and posting to LTU in terms of the guidelines detailed in clause 9 hereunder.
7.9 Officers
working in LTU/LTU Audit will not be transferred to M&P Wing during their
tenure in LTU/LTU Audit. However, on completion of their tenure in LTU/LTU
Audit, they may be posted to M&P Wing as per their seniority in the roster.
8. TRANSFER/POSTING TO MARINE &
PREVENTIVE WING
8.1 The cadre-control cell of the
Cadre Controlling Authority will maintain a common seniority list consisting of
all officers of Mumbai Central Excise Cadre Control (excluding officers posted
in Pune Zone and Nagpur Zone), separately for Superintendents and Inspectors,
for the purpose of posting to M&P Wing of Customs (Preventive)
Commissionerate, Mumbai. The Seniority List will be communicated to all the
Commissionerates every quarter.
8.2 Officers will be posted to M&P Wing based
on their seniority in this list, irrespective of where they are posted when
they are due for transfer to M&P Wing. However, officers working in
LTU/LTU-Audit when they become due for posting to M&P Wing will be posted
only after completion of their tenure in LTU/LTU Audit.
8.3 Postings to M&P Wing will be issued by
the Cadre Controlling Authority.
8.4 The tenure of posting in M&P Wing shall
be for a period of two years.
8.5 While computing the afore-said tenure in
M&P Wing, the period of total leave (other than C.L.) in excess of 60 days
shall not be counted.
8.6 The
upper age limit for posting of Superintendents and Inspectors to M&P Wing
shall be 56 years at the time of order.
8.7 The officers in the grade of Superintendent
shall be selected for posting to M&P Wing by applying the following
criteria sequentially:-
(i)
Officers who have not
worked in M&P Wing in the grade of Inspector or Superintendent shall be
posted to M&P.
(ii)
In case sufficient number
of officers is not available as above at (i), officers who
have already worked for period less than one year in M&P Wing shall be posted.
(iii)
In case sufficient
number of -officers are not available as above at (i) and (ii),
officers who have already worked as Inspectors in
M&P Wing for a period of upto one year shall be posted.
8.8 The number of lady
officers posted at any given point of time to M&P Wing shall not exceed 1/3rd
of the total officers posted to M&P Wing at that point of time.
8.9 Keeping in view the nature of work in M&P
Wing, no officer recruited against the quota of physically challenged persons
shall be posted, unless such officer has expressed his/her
willingness in writing.
8.10 Officers against whom vigilance cases involving
impingement of integrity shall not be posted to M&P.
However, there shall not be any bar on the posting of officers to M&P Wing if
the proceedings initiated against an officer are in the nature of
administrative action without any allegations on
their integrity. At the time of posting of such officers to M&P Wing,
the Pr. Commissioner/Commissioner of Customs (Prev.) Mumbai may be informed of-
the fact of pending vigilance enquiry.
8.11 On repatriation from M&P Wing, officers
will as far as possible, be posted to the same Zone from which they were posted
to M&P Wing.
9. POSTING OF
OFFICERS ON PROMOTION
9.1 The officers working in a Commissionerate on promotion
from Group ‘B’ Non‑Gazetted to Gazetted cadre shall, normally, be transferred
out of the Commissionerate.
9.2 If the vacancies in the post of
Superintendent necessitate that officers are posted out of Mumbai on promotion
to Superintendent, they will be posted out to Pune Zone or to
Nasik/Aurangabad/Nagpur-II Audit Commissionerate.
9.3 For the purposes of selecting officers, on promotion being
posted to the Zones outside Mumbai, a separate roster containing the names of
all the officers promoted shall be maintained and the junior-most officers in the said
roster will be posted outside Mumbai by the Cadre Controlling Authority.
9.4 The minimum tenure of an officer posted from
Mumbai Central Excise Zone-I/II or Service Tax Zone to Pune Zone or
Nasik/Aurangabad/Nagpur-II Audit Commissionerate shall be one year.
9.5 While
computing the afore-said tenure of one year the period of total leave (other
than C.L.) in excess of 30 days shall not be counted towards tenure.
9.6 An officer who has not been transferred out of
Mumbai as above on account of any grounds shall continue to remain in the list of
officers due for transfer out of Mumbai, in the roster and will be
considered for transfer out as and when those grounds no more exist.
9.7 On repatriation of such officers who have completed the specified
tenure or in case of those officers who are repatriated pre-maturely, the
next junior in the roster, irrespective of the fact that he had been promoted in an
earlier order, shall be transferred out to the Zones out of Mumbai.
9.8 On repatriation officers shall normally be
posted back to the Zone from which they were transferred out of Mumbai.
10. DEPUTATION OF OFFICERS TO OTHER ORGANIZATIONS/POSTING ON
LOAN BASIS TO OTHER OFFICES
10.1 Cadre clearance for deputation to offices
under the CBEC/outside organizations shall be
through Cadre Controlling Authority. Requests for extension in tenure
(One year) on deputation will be decided
by the Chief Commissioner of the Zone.
10.2 The officers on repatriation from the deputation posts shall
report to
the
Chief Commissioner’s Office, (Cadre Controlling Authority).
10.3 The officers shall be posted on loan basis initially for one year (except
to DRI/DGCEI), which shall be further extended, on yearly basis, if needed,
with due concurrence from the CCA. In
case of posting of officers on loan basis to DRI/DGCEI, the officers shall be
posted, on loan basis, initially for two years, which shall be further extended
for one year, at a time, if needed, with due concurrence from the CCA.
10.4 Officers who are posted in M&P, LTU, LTU-Audit can give their
willingness to work on deputation basis in all investigation agencies such as
DRI/DGCEI/Airport/CBI/Enforcement Directorate etc. (sensitive postings) and
which will be considered by the Administration.
On return from deputation, the officer should be posted back to the
parent formation to complete the tenure in the formation where he was posted
prior to going on deputation.
11. GENERAL
GUIDELINES ON TRANSFER / POSTING OF OFFICERS IN COMMISSIONERATES
11.1 Subject to administrative exigencies and the approval of the
Zonal Chief Commissioner, the tenure of an officer in a post categorized as
sensitive shall not, ordinarily exceed a period of two years.
11.2 Officers shall, as far as possible, be rotated between posts
categorized as sensitive and non-sensitive. However, in case sufficient number of
officers are not available due to administrative/vigilance reasons, for being
posted to sensitive charges, officers may be considered for being
posted from one sensitive charge to another sensitive charge with the approval
of Zonal Chief Commissioner.
11.3 Officers should be rotated between the
Headquarters/Division/Ranges so that all officers have the experience of
working in the field/headquarters within a Commissionerate.
12. MISCELLANEOUS
12.1 Officers having, less than two years of
service before retirement on superannuation may be considered, as far as
possible, for being posted to a Commissionerate near to residence subject to
administrative exigencies.
12.2 In the case of requests for retention in a particular
station/formation within the Zone on the ground that his/her child is studying in
Class-X or Class-XII, the Chief Commissioner may consider such requests subject to
administrative exigencies only if the officer is considered for posting outside
Mumbai.
12.3 Notwithstanding, anything
contained in this policy, Cadre Controlling Chief Commissioner, the Zonal/Jurisdictional
Chief Commissioner or Principal Commissioner/Commissioner may, if necessary in
public interest and/or in view of administrative exigencies, transfer and post any officer to any post within
his competency.
12.4 No government servant shall bring or attempt
to bring any political or other outside influence to bear upon any superior
authority to further his/her interest in respect of matters pertaining to
his/her transfer or posting. Violation of above provisions amounts to
misconduct as per the CCS (Conduct) Rules and the Government servant shall be
liable to be proceeded against accordingly.
12.5 The History of Postings (HoP) & all other personal
data of all officers covered by this policy are to be maintained through the
online version of the GEMS Salary software, so that there is seamless movement
of the officers on transfer to other zones/formations.
12.6 All grievances arising out of the
implementation of this policy may be addressed to the Cadre Controlling Authority.
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