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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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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
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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