TRANSFER & POSTING POLICY - 2015
All India Central Excise Inspectors Association, Mumbai Circle, is thankful to the Administration for formulating the Transfer & Posting policy before issuance of the IZT/ICT for the year 2015. The detailed policy is as under :-
F.No. II/3-7/Admn/CCO/MCX-I/2015/1267
Mumbai, the 10th April, 2015.
Mumbai, the 10th April, 2015.
To,
The 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 Commissioner,
Service Tax-I/II/III/IV/V/VI/VII/
Appeals-I/II/Audit-I/II/III, Mumbai.
The 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.
Sir,
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 has approved a Modified Transfer/Placement Policy Guidelines, 2015 for Group ‘B’ Gazetted and Non-Gazetted Executive Officers in the Mumbai Central Excise Cadre. A copy of the same is enclosed in Annexure for record and guidance. The said policy guidelines have also been uploaded in the Central Excise Mumbai-I official websitewww.mumbaicentralexcisecbec.gov.in
2. The Chief Commissioner desires that the guidelines prescribed therein may be implemented strictly and expeditiously.
3. Difficulties faced, if any, in the implementation of the same may please be bought to the notice of this office.
Yours faithfully,
Sd/09-Apr-2015
(N.P. MESHRAM)
JOINT COMMISSIONER (PCCO)
Copy to :-
1. Chief Commissioner, Central Excise, Mumbai Zone-II, Pune Zone/Nagpur Zone, for information please.
2. Addl. Commissioner (CCO), S.Tax Zone, Mumbai.
3. The General Secretary, Central Excise Superintendents Association, Mumbai.
4. The General Secretary, Central Excise Inspectors Association, Mumbai.
5. Notice Board.
Modified Transfer/Placement Policy Guidelines, 2015
for Group ‘B’ Gazetted and Non-Gazetted Executive Officers
in the Mumbai Central Excise Cadre.
-----------------------------------------
1. APPLICABILITY
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, of Nagpur Zone, and the Audit-II Commissionerate of Nagpur Zone.
1.2 The guidelines contained in this policy apply, in toto, to the officers posted in all the Commissionerates of Central Excise Zone-I (including Large Taxpayer Unit (LTU)/ LTU Audit), Mumbai, 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, TAR 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 Grp. ‘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 Principal Chief Commissioner of Central Excise, Mumbai Zone-I.
Gazetted Executive Officers in the Mumbai Central Excise Cadre is the Principal 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 affected only with the approval of the Zonal Chief Commissioner.
3.3 The annual Inter-Zonal Transfer (IZT) shall be done by the Principal Chief Commissioner of Central Excise, Mumbai Zone-I. The IZT should normally be completed by the 30th of April every year.
3.4 Transfers and Posting of officers to the Commissionerates within each Zone ofMumbai Central Excise Cadre Control shall be done by the Principal Chief Commissioner/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 he treated as a single station, i.e., Mumbai.
3.6 Subject to administrative exigencies and with the exception of cases oncompassionate 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 Principal 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 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 then be transferred to the Service Tax Zone, and vice-versa. On transfer from the Service Tax Zone the officer subject to administrative exigencies will be transferred to his parent Zone.
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 (LTU-Audit, Central Excise-Audit & Service Tax-Audit) shall be three years, subject to administrative exigencies.
5.3 The normal tenure of an officer in the Commissionerate shall be three years. An officer may also be transferred to another Zone before completion of tenure in a Commissionerate if the Zonal tenure is being completed.
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 shall be two years and LTU-Audit shall be three years. While computing the afore-said 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 Zone should, after completion of tenure in LTU/LTU-Audit, be posted to the Service Tax Zone, and vice-versa.
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. In case sufficient number of Superintendents is not available as at (i) above, the Superintendents who have already worked as Inspectors in LTU for periods upto one year shall be considered.
iii. In case of sufficient number of Superintendents is not available in terms of (i) & (ii) above the Superintendents who have worked in LTU in the past for periods upto one year whether as Inspector or Superintendent, separately or together shall be posted to LTU.
iv. Tenure of posting of all such officers posted in terms of (ii) and (iii) above shall also be two years treating the posting as a fresh posting.
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 to M&P Wing shall be 57 years at the time of selection.
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 1/3rdof 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 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
9.1The 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.
9.5While 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 prematurely, 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 tothe Principal Chief Commissioner’s Office, (Cadre Controlling Authority).
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 Principal 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 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 All grievances arising out of the implementation of this policy may be addressed to the Cadre Controlling Authority.
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