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ANDHRA PRADESH EXCISE SERVICE RULES

ANDHRA PRADESH EXCISE SERVICE RULES

ANDHRA PRADESH EXCISE SERVICE RULES

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, and of all other powers hereunto enabling, and in supersession of Special Rules issued under Section 9 of Part III-A, in Volume II of the Madras Service Manual, 1946 the Governor of Andhra Pradesh hereby makes the following Special Rules for Andhra Pradesh Excise Service.

Rule - 1. Constitution:--

The service shall consist of the following categories namely:--

Category 1:--Deputy Commissioner of Excise.

Category 2:--Excise Superintendents (including Assistant Secretary, Commissioner of Excise and Dist. Prohibition Officers.

Category 3:--Assistant Excise Superintendents (including Inspectors of Excise and Deputy Prohibition Officers).

Category 4:--Chemical Examiners,

[Category 5:--Excise Inspectors.]

Rule - 2. Appointment:--

Appoint to the several Categories shall be made as follows:--

Category & Posts

Method of Appointment

(1)

(2)

1. Deputy Commissioner of Excise

2. Superintendent of Excise (including Assistant Secretary, Commissioner of Revenue (Excise)

Promotion from the Category of Assistant Commissioners of Excise. Such promotion shall be on grounds of merit and ability, seniority being considered only where merit and ability are approximately equal.

(1) Promotion from the Category of Assistant Excise Superintendents including Inspectors of Excise and Chemical Examiners who have put in two years of service as Assistant Excise Superintendent. Such promotion shall be on grounds of merit and ability, seniority being considered only where merit and ability are approximately equal:

Provided that in a cycle of every ten vacancies of Assistant Excise Superintendents arising in each multi-zone, the first eight vacancies shall be reserved to be filled by transfer from among the category of Excise Inspectors of the Andhra Pradesh Excise Subordinate Service and the ninth vacancy shall be reserved to be filled by transfer from the category of Office Superintendents in the Andhra Pradesh Ministerial Service in Excise Department and the tenth vacancy shall be reserved to be filled from among the category of Laboratory Assistant in the Andhra Pradesh Excise Subordinate Service;

Provided further that in every cycle of 3 vacancies to be filled from the category of Office Superintendent in the Andhra Pradesh Ministerial Service, the first and third vacancies shall be reserved to be filled from the Office Superintendents in the Office of the Commissioner of Excise and the second vacancy shall be reserved to be filled from the Office Superintendents in the Offices of the Assistant Commissioners of Excise.

 

(2) 25 percent of the vacancies to be filled by transfer from the category of Deputy Collectors of Andhra Pradesh Civil Service (Executive Branch). Such appointment by transfers shall be on tenure basis and for such period as the State Government may consider necessary.

[3. Chemical Examiner

[4. Assistant Excise Superintendents (including Excise Inspectors).

A member of the Andhra Pradesh Civil Service (Executive Branch) appointed to category 2 shall not by reason only of such appointment cease to be a member of the service from which he was appointed; nor shall such appointment confer him any claim to substantive appointment in category 2 or to appointment thereto in and subsequent, acting or temporary vacancy.

By transfer from the category of Excise Inspector of the Andhra Pradesh Excise Subordinate Service].

(1) Direct Recruitment:

(2) (a) Transfer from the category of Circle Inspectors (including Assistant Excise Inspectors from the Andhra Pradesh Excise Subordinate Service:

(b) Transfer from the category of Office Superintendents from the **[Andhra Pradesh Ministerial Service: and Special Category Stenographers]

 

[Posts Excise Inspector

5. Excise Inspector

 

(c) Transfer from the category of Laboratory Assistants (I Grade) from the Andhra Pradesh Excise Subordinate Service substantive vacancies shall be filled by direct recruitment and transfer in the ratio of 1:3;

(d) Transfer from the category of Chemical Examiners.

Unit of Appointment

Division concerned.]

1. By promotion from the category of Excise Sub-Inspector:

2. Transfer from the category of Senior Assistant from the A.P. Ministerial Service in the Excise

 

Department and from the category of Assistant Section Officer in the A.P. Secretariat Service all Departments of the Secretariat except Law and Finance.

Provided that in a cycle of every 10 vacancies of Excise Inspector's arising in each zone 9 vacancies shall be filled in by promotion of Excise Sub-Inspector and 10th vacancy shall be filled in by transfer from the Senior Assistants from the A.P. Ministerial Service in Excise Department and Assistant Section Officers of A.P. Secretariat Service except Finance and Law Departments [xxx].

 

Provided further that in a cycle of 3 vacancies of Excise Inspectors in each zone to be filled in by transfer from the members of A. P. Ministerial Service in Excise Department, and the A.P. Secretariat Service the 1st and 3rd shall be filled in by Senior Assistants in the Office of the Commissioner of Prohibition and Excise and Director of Distilleries and Breweries and Assistant Section Officers of A.P. Secretariat except Finance and Law Departments **[in the ratio of 1 : 1 by following seniority in their respective categories] and the 2nd vacancy shall be filled in by Senior Assistants working in the zone.]

Appointing Authority:--The Commissioner of Excise shall be the appointing authority to the category of Assistant Excise Superintendents.

[The Commissioner of Prohibition and Excise shall be the appointing authority to the post of Excise Inspector].

Rule - 3. Special Representation:--

Except in so far as it relates to physically handicapped persons, the rules of special representation (Rule 22 of the General Rules for the Andhra Pradesh State and Subordinate Services) shall apply for the appointment of Asst. Superintendents of Excise (including Inspectors of Excise and Deputy Prohibition Officers in Category 3 by direct recruitment.

"Provided that other things being equal, preference shall be given to women in the matter of appointment by direct recruitment to the posts of Assistant Excise Superintendents to the extent of 30% in the each category of O.C., B.C., S.C. and S.T. quota in terms of General Rule 22 (A) (2)".

3. (i) Rule of reservation of appointments (General Rule 22) shall apply separately to the appointment of Excise Inspector by transfer.]

Qualifications:--

(a)      A candidate for appointment by promotion as Deputy Commissioner of Excise should have put in three years of service as Superintendent of Excise.

(b)      A candidate for appointment by promotion as Superintendent of Excise:

(i)       must have served to the satisfaction of the Commissioner of Excise as Assistant Excise Superintendent or Excise Inspector for a period of two years;

(ii)      must have passed the following tests:

Rule - 4.

(A)     Civil and Criminal Law:

(B)     The Andhra Pradesh Excise Act and the Rules made thereunder;

(C)     Excise Manual;

(D)     Distillery Manual;

(E)     Account Test for Subordinate Officers-Part-I.

(F)      Account Test for Executive Officers;

(G)     Third Class Language Test, viva-voce Parts B, C and D in any two of the following languages of which one shall be Telugu.

Telugu, Hindi or Urdu.

Explanation:--A pass in the test, examination or examinations specified in Item (1), Item (2) or Item (3) below shall be regarded as equivalent to a pass in Test (A) Criminal Law:--

(1)     The Pleadership examination first or second grade,

(2)     (a) The examination, for a degree in Law of a recognised University 

(b) Part II (Criminal) of the Apprentices Examination held by the High Court or of the Examination in the Law of Practice and Procedure held by the Bar Council.

(3)     The Criminal Judicial Test conducted by the Andhra Pradesh Public Service Commission:

Provided that persons who immediately before the 1st November, 1956 were members of Hyderabad General Service and who were absorbed thereafter into this service and who have passed the test prescribed in the former Hyderabad State for appointment as Excise Superintendents shall not be required to pass the test, mentioned in this rule.

A candidate for appointment as Assistant Superintendent of Excise:-

(1)     By direct recruitment:

(i)       must not have completed 26 years of age on the first day of July of the year in which the selection is made;

(ii)      must hold a degree of any University in India established or incorporated by or under a Central Act, a Provincial Act or a State Act or of an Institution recognised by the University Grants Commission.

(iii)     must be at least 165 cm, in height and atleast 81 cm. round the chest on full expiration with a chest expansion of atleast 5 cm.

(2)     By transfer:

(a)      from the category of Circle Inspectors and Assistant Inspectors of Excise:

(i)       must have put in at least three years of service in the category; and

(ii)      must have passed the following tests:--

A.        Criminal Law.

B.        Account Test for Subordinate Officers, Part I.

C.        Third Class Language Test in any two of the following languages of which one shall be Telugu:--Telugu, Hindi or Urdu,

(b)      From the category of Office Superintendents:

(i)       must hold a degree of any University in India established or incorporated by or under a Central Act, a Provincial Act or a State Act or of an Institution recognised by the University Grants Commission.

(ii)      must have put in atleast 3 years of service in the category;

(iii)     must be atleast 165 cm. in height and atleast 81 cm. round the chest on full expiration with a chest expansion of atleast 5 cm.

(iv)    must have passed the following tests;

A.        Civil and Criminal Law;

B.        The Andhra Pradesh Excise Act and the Rules made thereunder;

C.        Excise Manual;

D.       Distillery Manual;

E.        Account Test for Subordinate Officers, Part I;

F.        Account Test for Executive Officers;

G.       Third Class Languages Test in any two of the following languages of which one shall be Telugu.

Telugu, Hindi or Urdu.

(c)      (From the category of Laboratory Assistant (I-Grade).

(i)       must have put in atleast three years of service in the category,

(ii)      must be atleast 165 cm. in height and atleast 81 cm. round the chest on full expiration with a chest expansion of atleast 5 cm; and

(iii)     must have passed the following tests:--

A.        Civil and Criminal Law;

B.        The Andhra Pradesh Excise Act and the Rules made thereunder;

C.        Excise Manual;

D.       Distillery Manual;

E.        Account Test for Subordinate Officers Part-I;

F.        Account Test for Executive Officers;

G.       Third Class Language Test in any two of the following languages of which one shall be Telugu.

Telugu, Hindi or Urdu.

(iv)    The candidates possessing B, C, G, G-II, certificates of N.C.C. shall be awarded a weightage of 5% marks of the total aggregate maximum marks at the time of selection:

Provided that the persons who immediately before the 1st November, 1956 were members of the Hyderabad General Service and who were absorbed thereafter into this service and who have passed the tests prescribed in the former Hyderabad State for appointment as Assistant Superintendent of Excise shall not be required to pass the test mentioned in the rule.

(d)      By transfer from the category of Chemical Examiners:--

(i)       Must have completed probation in the category of Chemical Examiner;

(ii)      Must be atleast 165 cm. in height and atleast 81 cm. round the chest on full expiration with an expansion of atleast 5 cm; and

(iii)     Must have passed the following test:-

A.        Civil and Criminal Law;

B.        The Andhra Pradesh Excise Act and the Rules made thereunder;

C.        Excise Manual;

D.       Distillery Manual;

E.        Account Test for Subordinate Officers Part-I;

F.        Account Test for Executive Officers;

G.       Third Class Language Test in any two of the following languages of which one shall be Telugu.

Telugu, Hindi or Urdu.

Provided that the persons who immediately before the 1st November, 1956 were members of the Hyderabad General Service and who were absorbed thereafter into this service and who have passed the tests prescribed in the former Hyderabad State for appointment as Assistant Superintendent of Excise shall not be required to pass the tests mentioned in this rule.

(4)     A candidate for appointment as Chemical Examiner:--

(1)     By transfer from approved probationers in the category of Assistant Excise Superintendents including Excise Inspectors and Deputy Probation Officers [and Excise Inspectors in the Andhra Pradesh Excise Subordinate Service] must possess a first or second class degree of M.Sc. in Chemistry or M. Pharm of any University in India established or incorporated by or under a Central Act, a Provincial Act or a State Act and Institutions recognised by the University Grants Commission or an equivalent qualification;

(2)     By transfer from the category of Laboratory Assistant, Grade I of the Andhra Pradesh Excise Subordinate Service:--

(i)       Must have put in atleast three years of service in that grade;

(ii)      Must possess either:

(a)      a first or second class degree of M.Sc. in Chemistry or M. Pharm of any University in India established or incorporated by or under a Central Act, a Provincial Act or a State Act and Institutions recognised by the University Grants Commission or an equivalent qualification; or

(b)      a degree of B.A. or B.Sc. in Chemistry or a degree of B. Pharm of any University in India established or incorporated by or under a Central Act, a Provincial Act or a State Act and Institutions recognised by the University Grants Commission or an equivalent qualification and must have worked in a responsible position for atleast 5 years in any of the following institutions:--

(1)     Laboratory of the Government Analyst, Food and Drugs, Hyderabad; (2) Laboratory of the Chemical Examiner to the Government of Andhra Pradesh Hyderabad; (3) Forensic Laboratory, Madras, Bombay or Calcutta; (4) Haffkins Institute, Bombay; (5) Drug Research Laboratory, Calcutta; (6) Laboratories of the State Excise Department.

(iii)     Must have passed Third Class Language Test in any two of the following languages of which one shall be Telugu, Hindi or Urdu.

(3)     By direct recruitment:--

 

(i)       Must not have completed 25 years of age on the first day of July of the year in which the selection is made;

(ii)      Must possess a first or second class degree of M.Sc. in Chemistry or M. Pharm of any University in India established or incorporated by or under a Central Act, a Provincial Act or a State Act and an Institution recognised by the University Grants Commission or an equivalent qualification;

(iii)     Must be atleast 165 cm. in height and atleast 81 cm. round the chest on full expiration with a chest expansion of atleast 5 cm.

(5)     Appointment to Category 2 by promotion from the Category 3 shall be made by the State Government from the list of candidates approved by the State Government in consultation with the Andhra Pradesh Public Service Commission.

(6)     No person belonging to Category 3 shall be eligible to be included in the list of approved candidates for appointment as Excise Superintendents unless he had acquired the requisite qualifications for inclusion in such list on the 15th July of the year in which the report of Commissioner of Excise to the Andhra Pradesh Public Service Commission about his fitness for inclusion in the list is due.

(7)     *[A candidate for appointment as Excise Inspector by promotion from the cadre of Excise Sub-Inspector must posses the following qualifications:

(i)       Must have passed the following tests:

A.        Civil and Criminal Law;

B.        A.P. Excise Act and Rules made thereafter.

C.        Excise Manual;

D.       Distillery Manual;

E.        Account test for Subordinate Officers Part-I.

F.        Third class language test in any two of the following languages of which one shall be Telugu: Telugu, Hindi, Urdu or in the Districts of Srikakulam, Ananthapur, Chittoor or Adilabad, Oriya, Kannada, Tamil or Marathi respectively.

(ii)      Must have put in 3 years of service in that category.

(8)     A candidate for appointment as Excise Inspector on transfer from the category of Senior Assistant from A.P. Ministerial Service serving in the Excise Department, and from the category of Assistant Section Officers in the A.P. Secretariat Service in all Departments of Secretariat except Law and Finance.

(i)       Must have passed the following departmental tests:

A.        Civil and Criminal Law;

B.        A.P. Excise Act and Rules made thereafter.

C.        Excise Manual;

D.       Distillery Manual

E.        Account test for Subordinate Officers Part-I.

F.        Third class language test in any two of the following languages of which one shall be Telugu : Telugu, Hindi, Urdu or in the Districts, of Srikakulam, Ananthapur, Chittoor or Adilabad, Oriya, Kannada, Tamil or Marathi respectively.

(ii)      Must have put in 3 years of service in that category,

(iii)     At the time of appointment by transfer must be atleast 165 cms. height and atleast 81 cms. round the chest on full expiration with chest expansion of atleast 5 cm].

Rule - 5. Probation:--

(a)      Every person appointed to Category 3 by direct recruitment shall from the date on which he joins duty, be on probation for a total period of two years on duty within a continuous period of three years. Every person appointed to Categories 1, 2 and 3 either by promotion by transfer otherwise than on tenure basis shall be on probation for a total period of one year on duty within a continuous period of two years.

(b)      (i) An Assistant Excise Superintendent recruited by transfer, other than those recruited from the category of Circle Inspectors (including Assistant Inspectors of Excise) from the A.P. Excise Subordinate Service, shall, within the period of probation undergo such course of training as may be Prescribed by Government.

(ii) An Assistant Superintendent of Excise (including Deputy Prohibition Officer), recruited direct shall during the period of probation undergo such course of training as may be prescribed by the Government and during the period of such training he shall draw the minimum of the time scale of the post with usual allowances admissible at the place of training. The period of training shall be allowed to count as duty for all purposes, like, probation, pension, leave, increments, etc., subject to the condition that he shall not eligible to draw the first increment unless he completes the period of training and passes the prescribed tests. Extension of the period of probation for failure to pass the tests, shall not however, have the effect of postponing future increments after he passed the tests and completes the period of probation satisfactorily.

Rule - 6. Tests:--

A probationary Assistant Excise Superintendent or chemical examiner recruited by direct recruitment shall, within the prescribed period of probation, pass the following tests:--

A.        Civil and Criminal Law;

B.        The Andhra Pradesh Excise Act and the Rules made thereunder;

C.        Excise Manual

D.       Distillery Manual;

E.        Account Test for Subordinate Officers, Part I:

F.        Account Test for Executive Officers;

G.       Third Class Languages Test in any two of the following languages of which one shall be Telugu.

Telugu, Hindi or Urdu.

H.       Tests conducted at the Excise Training School:

Provided that those direct recruits who passed the tests and the examinations conducted by the Prohibition Training School Hindupur, during 1963-64 shall be deemed to have passed the tests prescribed under these rules.

Rule - 7. Appointment to the Distillery Branch:--

No person shall be posted to the Distillery Branch of the Service unless he had passed Test D. Distillery Manual by the Higher Grade or has acquired an adequate experience of distillery work as Distillery Officer or Distillery Superintendent for a period of at least one year.