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In pursuance of the provisions of clause (3) of Article 348 of " the Constitution of India",

the Governor is pleased to order the publication of the following English translation of notification

No. /XXIII/ 2015/ 43/2005 Dated ....................... 2015 for general information.

Government of UttarakhandExcise Department

No. 94- /XXIII/ 2015/ 43/200_5Dehradun : Dated :24 4 (7 2015

Notification

Miscellaneous

In exercise of the powers conferred by the proviso to Article 309 of "the Constitution of

India" and in supersession of all existing rules and orders on the subject, the Governor is pleased

to make the following rules, regulating recruitment and the conditions of service of persons

appointed to the Uttarakhand Subordinate Excise Service

Part I

General

Short title and 1 . (1) These rules may be called the Uttarakhand Subordinate Excisecommencement

Service Rules, 2015.

(2) They shall come into force at once.

Status of the 2 . The Uttarakhand Subordinate Excise Service is a Subordinate Non-

Service Gazetted Service comprising Group "C" posts.

Definitions 3 . In these rules, unless there is anything repugnant in the subject or

context:

(a) "Appointing authority " means the Excise Commissioner,

Uttarakhand;

(b) "Citizen of India " means a person who is or is deemed to be a

Citizen of India under Part II of "the Constitution of India";

(c) "Commission " means the Uttarakhand Public Service

Commission;

(d) "Constitution " means "the Constitution of India";

(e) "Government " means the State Government of Uttarakhand;

(f) "Governor " means the Governor of Uttarakhand;

(g) "Member of service " means a person substantively appointed

under these rules or the rules or orders in tbrce prior to the

commencement of these rules to a post in the cadre of the

service;

(h) "Secretary" means the Secretary of Excise Department to the

Government;

(i) "Service" means the Uttarakhand Subordinate Excise Group

`C' Service;

(j) "Substantive appointment" means an appointment, not

being an adhoc appointment, on a post in the cadre of the

service, made after selection in accordance with the rules and

if there are no rules, in accordance with the procedure

prescribed for the time being by executive instructions issued

by the Government.

(k) "Year of recruitment" means a period of twelve months

commencing for the l" day of July of a calendar year.

Part II

Cadre

Cadre of 4. (1) The strength of the service shall be such as may be determined by

Services the Government from time to time.

(2) The strength of the Service shall until orders varying the same are

passed under sub-rule (1) be as given in Appendix "A"

Provided that-

(a) the appointing authority may leave unfilled or the Governor

may hold in abeyance any vacant post without thereby

entitling any person to compensation;

(b) the Governor may create such additional permanent or

temporary posts as he may consider proper.

Part - III

Recruitment

Source of 5. Recruitment to the various categories of posts in the service shall

Recruitmentbe made from the following sources :-

(1) Excise Inspector:-

(a) Fifty Five percent by direct recruitment;

(b) Twenty Five percent by promotion from amongst such

appointed Sub-Excise Inspectors, who have completed five

years service as such on the first day of the year of

recruitment; and

(c) (1) twenty percent by promotion from amongst such

substantively appointed Chief Assistant/Upper Assistant

and Steno-graphers Grade-II and Ill, who have

completed five years service as such on the first day of

the year of recruitment; or

(ii) substantively appointed Junior Assistants and Steno-

graphers Grade-11, who have completed ten years service

as such on the first day of the year of recruitment.

Note - (1) The first nine vacancies under the promotion quota under

UJIA^

sub-clauses (c) of clause (1) will be filled by promotion

from Chief/Upper/Junior Assistants as the case may be.

and the 10`1' vacancy will he filled in by.promotion from

Stenographers Grade-11 and 111. as the case may be,

(2) The eligibility list for promotion under sub-clause (c) of

clause (l) shall be prepared on the basis of inter se

seniority under the Uttarakhand Excise Department

Ministerial Service Rules. 2010;

(2) Sub - Excise Inspector :-

Seventy five percent by promotion from amongst High

School passed substantively appointed Excise t-lead

Constables and Excise Constables, who have completed ten

years service including services on the post of Excise

Constable, on the first day of the year of recruitment.

Twenty five percent post by direct recruitment.

Reservation 6.Reservation for the candidates belonging to Scheduled Castes,

Scheduled Tribes and other categories of the State of Uttarakhand

shall be in accordance with the orders of the Government in force

at the time of recruitment.

Part - IV

Qualifications

Nationality 7. A candidate for direct recruitment to a post in the service must he:

(a) a citizen of India; or

(b) a Tibetan refugee who came over to India before the I"

January. 1962, with the intention of permanently settling in

India; or

_(c) a person of Indian origin who has migrated from Pakistan.

Burma, Sri Lanka or any of the East African countries of

Kenya. Uganda and the United Republic of Tanzania

(formerly Tanganyika and Zanzibar) with the intention of

permanently settling in India :

Provided that a candidate belonging to category (b) or (c)

above must be a person in whose favour a certificate of eligibility

has been issued by the State Government

Provided further that a candidate belonging to category (b)

will also be required to obtain a certificate of eligibility granted by

the Deputy Inspector General of Police, Intelligence Branch.

Uttarakhand :

!J

Provided also that if a candidate belongs to category (c)

above, no certificate of eligibility will be issued for a period of

more that one year and the-retention of such a candidate in service

beyond a period of one year shall be subject to his a acquiring

Indian citizenship.

Note- A candidate in whose case a certificate of eligibility is

necessary but the same has neither been issued nor refused may

he admitted to an examination or interview and he may also he

provisionally appointed subject to the necessary certificate

being obtained by him or issued in his favour.

Academic 8. A candidate for direct recruitment to the various posts in the

Qualification service must possess following qualifications -

S. No. Name of Post Qualification

1 2 3

01. Excise Inspector A Bachelors degree of a University

established by law in India or

degree recognized by the

Government as equivalent thereto.

02. Sub-Excise Inspector Intermediate Examination of the

Board of 1-ligh School and

Intermediate Education. Uttar

Pradesh/Uttarakhand or any

Qualification recognized by the

Government as Equivalent

thereto.

Preferential 9. A candidate, who has :-

Qualification (i) served in the territorial army for a minims m period two

years; or

(ii) obtained a `B' certificate of National Cadet Corps;

shall other things being equal, he given preference in the

matter ofdirect recruitment.

-S.

Age 10 . A candidate for direct recruitment must have attained the age of 21

years and must not have attained the age of more then 40 years on

the first day of July of the calendar year in which the vacancies are

advertised or announced, if the vacancies are advertised for the

period of 0l January to 30 June, a candidate for direct recruitment

must have attained the age of 21 years and must not have attained

the age of more then 42 years on the first day on 01 January of that

year of recruitment the case may be

Provided that the upper age limit in the case of candidates

belonging to the Scheduled Castes, Scheduled Tribes and such

other categories to the State of Uttarakhand as may be notified by

the Government from time to time shall be greater by such number

of years as may be specified.

Character 11. The character of a candidate for direct recruitment to a post in the

service must be such as to render him suitable in all respect for

employment in Government Service. The appointing Authority

shall satisfy itself on this point.

NOTE- Persons dismissed by the union Government or a State

Government or by a Local Authority or a Corporation or Body

owned or controlled by the union Government or State

Government shall be ineligible for appointment to any post in the

service. Persons convicted of an offence involving moral turpitude

shall also be in eligible.

Marital Status 12. A male candidate, who has more than one wife living or a female

candidate who has married a man already having a wife living shall

not be eligible for a appointment to post in the service

Provided that the Government may, if satisfied that there

exist special grounds for doing so, exempt any person from the

operation of this rule.

-o-

I 1

Physical 13. (1) No candidate shall be appointed to a post in the service unless heFitness

be in a good mental and bodily health and tree from any physical

defect likely to interfere with the efficient performance of his

duties. Before a candidate is finally approved Ibr appointment he

shall be required to produce a medical certificate of fitness in

accordance with the rules framed under Fundamental Rule 10 as

contained in Chapter III of the Financial Handbook Volume 11. Part

III :

Provided that a Medical certificate of fitness shall not he

required from a candidate recruited by promotion.

(2) For recruitment by direct recruitment or promotion, the minimum

physical ability for the candidates shall be given under :-

(a) Height

for the candidates belonging to General /

other Category

For the candidates belonging to SC

For the candidates belonging to I till areas

Malecandidate

Femalecandidate

167.60 cm 152.00cm

160.00 cm 147.00cm

162.60 cin I47.00cm

(b) Measurement of Chest ( Only for Male candidates)

Without WithExpansion Expansion

For the candidates belonging to SC and 76.3 cm 81.3 cm

I IiII areas

For the candidates belonging to 78.8 cm 8').8 cm

General/Other Category

(Minimum Expansion necessarily is 5.00 cm)

(c) Physically Weight

^i^ (Only for Female Candidate ) 45 Kg. Weight

Determinationof vacancies

Procedure fordirect Recruit-ment throughCommissionfor the post ofExciseInspector

Part -V

Procedure for recruitment

14. The appointing authority shall determine the number of vacancies

to be filled in during the course of the year as also the number of

vacancies to be reserved for candidates belonging to Scheduled

Castes. Scheduled Tribes, Other Backward Classes and other

categories to the State of Uttarakhand under rule 6 and shall

intimate to the Commission.

15. (1) Application for permission to appear in the competitive

examination shall be invited by the Public Service Commission.

The application form may be obtained from Secretary to the

Commission on payment.

(2) No candidate shall be admitted to the examination unless he holds

(3)

Qr^

candidates as on the result of the written examination have come

up to the standard fixed by the Public Service Commission in this

respect. The marks awarded to each candidate at the written

examination shall be added to the interview marks obtained by

them.

(4) The Commission shall prepare a list of candidates in order of their

a certificate of admission issued by the Commission.

After the results of the written examination have been received and

tabulated, the Commission shall having belonging to the Scheduled

Castes, Scheduled Tribes, Other Backward Classes and other

categories under rule 6, summon for interview such number of'

proficiency as disclosed by the aggregate of marks obtained by

each candidate at the written examination and interview and

recommend such number of candidates as they consider fit for

appointment. If two or more candidates obtaining higher marks in

the written examination shall be placed higher in the list. The

Commission shall forward the list to the appointing authority.

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11

Note- The syllabus of the competitive examinations and Rules shall be

prescribed by the Commission from time to time.

Procedure fordirect recruit-ment for thepost of SubExciseInspector

Procedure forrecruitment bypromotion forthe post ofSub-ExciseInspector

16. For the direct recruitment to the post of Sub Excise Inspector shall be

made according the Uttarakhand Direct Recruitment Procedure on the

Post of Group "C" (Out of' the purview of the Uttarakhand Public

Service Commission) Rules, 2008.

17. For the post of Sub-Excise Inspector recruitment by promotion shall be

made on the basis of seniority subject to the rejection of unfit through

Chairman,

(b) Additional Excise Commissioner, Uttarakhand - Member;

(c) Deputy Excise Commissioner, (Headquarters) - Member.

(1) Recruitment by promotion shall be made on the basis of seniority

subject to the rejection of unfit through the Selection Committee,

constituted in accordance with the provision of the Uttarakhand

Constitution of Departmental Promotion Committee (for the Posts

out-side the purview of Public Service Commission) Rules, 2008:

Provided that if none of the persons in the selection

committee so constituted belong to the Scheduled Castes,

Scheduled Tribes and Other Backward Classes, a Gazetted Officer

belonging to such Castes, Tribes and Classes not represented in the

selection committee shall be recommended as a member of the

selection committee.

the Selection Committee, the members as follows--

(a) Excise Commissioner. Uttarakhand

(2) The appointing authority shall prepare eligibility lists of the

candidates, in accordance with the Uttarakhand Constitution of

Departmental Promotion Committee (For Posts Outside the

Purview of the Public Service Commission) Rules, 2008 and place

the same before the selection committee along with their character

d

(3)

Procedure for 18.recruitment bypromotion forthe post ofExcise Inspector

rolls and such other records, pertaining to them as may be considered

proper.

The appointing authority shall prepare these lists to be called the

eligibility lists, of the senior most eligible candidates from each of

the category namely, General, Scheduled Castes and Scheduled

Tribes, separately, in the light of vacancies available for each of

vacancies available for each of the said categories as follows :-

For I to 5 vacancies - Double of vacant post, but minimum 5.

For more than 5 vacancies - one and half of vacant post, but

minimum 10.

(4) The Selection Committee shall prepare a list of selected candidates

in accordance with the orders of Government in force at the time of

recruitments and forward the same to the appointing authority

Provided that while preparing eligibility list under sub-rule

I) or under this rule, where there are two different feeding cadres:-

(a) bearing different pay scales the candidates belonging to the

cadre bearing higher pay scale shall be placed higher in the

eligibility list ;

(b) bearing same pay scale the names of the candidate shall be

arranged in the eligibility list in order of the date of their

substantive appointment in their respective cadres.

Recruitment by promotion to the post of Excise Inspector shall be

made on the basis of seniority with the Uttarakhand Promotion by

Selection in Consultation with Public Service Commission

(Procedure) Rules, 2003 as amended from time to time.

Combined 19. If in any year of recruitment appointments are to be made both by

select list II bI hl ect lst s a edirect recruitment and by promotion, a combined se

prepared by taking the names of candidates from the relevant lists

in such cyclic order that the prescribed percentage is maintained,

the first name in the list being of the person appointed by

,p_

iI

promotion under rule 17.

Note- For the purpose of preparing select list the names of promotees

for the post of Excise Inspector shall be arranged in the order

by taking the names of clerks or stenographers and Sub-Excise

Inspectors the first name being that of the clerk or if clerk is

sleeted in that list, the stenographers may be placed, as the case

may be.

Part -V1

Appointment , Probation , Confirmation and Seniority

Appointment 20. (1) On the occurrence of substantive vacancies the appointing

authority shall make appointment by taking the names of

candidates in the order in which they stand in the lists prepared

under rules 15, 16, 17, 18 and 19.

(2) Where in any year of recruitment, appointments are to be made

posts by direct recruitment and by promotion , regular appointment

not be made unless selection are made from both the sources and a

combined list is prepared in accordance with rule 19.

If more than one order of appointment are issued in

respect of any one selection a combined order shall also be issued,

mentioning the names of the persons in order of seniority as

determined in the selection or as the case may be, as it stood in the

cadre from which they are promoted.

Probation 21. (1) A person on appointment to a post or service in or against a

permanent vacancy shall be placed on probation for a period of two

years.

(2) The appointing authority may. for reasons to be recorded, extend

the period of probation in individual cases specifying the date up to

which the extension is granted

LQr---^^ Provided that save in exceptional circumstances, the period

of probation shall not be extended beyond one year and in no

circumstance beyond two years.

(3) If it appears to the appointing authority at any time during or at the

end of the period of probation or extended period of probation that

a probationer has not made sufficient use of his opportunities or

has otherwise failed to give satisfaction, lie may be reverted to his

substantive post.

(4) A probationer, who is reverted or whose services are dispread

(5)

the purpose of computing the period of probation.

under sub-rule (3), shall not be entitled to any compensation.

The appointing authority may allow continuous service rendered in

an officiating or temporary capacity in a post included in the cadre

or any other equivalent or higher post, to he taken into account for

Confirmation 22. A probationer shall be confirmed in his appointment at the end of

the period of probation or the extended period of probation if-

(a) his work and conduct is reported to be satisfactory;

(b) his integrity is certified ; and

(c) the appointing authority is satisfied that lie is otherwise fit for

confirmation.

Seniority 23. The seniority of persons substantively appointed in any category of

the posts shall be determined in accordance with the Uttarakhand

Government Servant's Seniority Rules, 2002 as amended from

time to time:

Provided that the inter se seniority of persons in any

category of posts shall he the same as it was in the cadre from

which they were promoted.

Part VI1

Pay etc.

Scale of Pay 24. (1) The scales of pay admissible to person appointed on the post in the

service shall be such as may be determined by the Government

from time to time.

(2) The scales of pay at the time of the coin mencement of the

Uttarakhand Excise Subordinate service rules shall be given in

-12 -

Column- 4 olAppendix "A".

Pay During 25. (1) Notwithstanding any provision in the Fundamental Rules theProbation

contrary, a person on probation if he is not already in permanent

Government Service, shall he allowed his first increment in the

time scale when he has completed one year of satisfactory service.

and second increment after two years service when he has

completed the probationary period and is also confirmed :

Provided that if the period of probation is extended on

account of failure to give satisfaction. such extension shall not

count for increment unless the appointing authority directs

otherwise.

(2) The pay during probation ofa person who was already holding any

post under the Government, such persons services shall be

regulated by the relevant fundamental rules.

(3) The pay during probation of a person who was already holding a

post as permanent in the State Government, shall be regulated by

the relevant rules applicable to the Government servants generally

service in connection with the affairs of the State.

Part Vlll

Other provisions

Canvassing 26. No recommendations, either written or oral, other than those

required Under the rules applicable to the post or service will be

taken in to consideration. Any attempt on the part of a candidate to

enlist support directly and indirectly for his candidature. such

evidence will disqualify him for appointment.

Regulation of 27. In regard to the matters not specifically covered by these rules or

other matters special orders persons appointed to the service shall be governed

by rules, regulations and orders applicable generally to

Government servants serving in connection with the affairs of the

State.

.13.

Relaxation 28.from theconditions ofthe Services

Where the State Government is satisfied that the operation of any

rule regulating the conditions of service of a person appointed to

the service causes undue hardship in any particular case, it may,

not with standing anything contained in the rules applicable to the

case, by order, dispense with or relax the requirements of that rule

to such extent and subject to such conditions as it may consider

necessary for dealing with the case in a just and equitable manner;

Provided that where a rule has been framed in consultation

with commission that body shall be consulted before the

requirements of the rule are dispensed with or relaxed.

Savings 29 . Nothing in these rules shall effect reservations and other

concessions required to the provided for the candidate belonging to

the Scheduled Castes, Scheduled Tribes. Other Backward Classes

and other special categories of persons to the State of Uttarakhand

in accordance with the orders of the Government issued from time

to time in this regard.

By order,

(Mohammad Shahid)Secretarv

APPENDIX `A'

[ Please see sub-rule (2) of rule 4 and sub-rule (2) of rule 24 J

S. Name of the post Number of post Pay scale

No. Permanent Temporary Total (in Z)

1 2 3 4

01. Excise Inspector 30 43 73 9300-34800 Grade P. 46 00

02. Sub-Excise Inspector 06 36 42 5200-20200 Grade P. 24 00

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