Consolidated guidelines /instructions issued on the staff management of Government and Private Special Economic Zone - SEZ - F.No.A-16/12/2010-SEZ

F.No.A-16/12/2010-SEZ Government of India Ministry of Commerce Industry Department of Commerce (SEZ Section) Consolidated guidelines /instructions issued on the staff management of Government and Private Special Economic Zone (w.e.f.16th August, 2010) The SEZs are headed by Development Commissioners (Joint Secretary/Director/Deputy Secretary Level at the Centre) with supportive Customs and Ministerial Staff. Central Government appoints Development Commissioner in one or more Special Economic Zone. [ Section 11(1) of the SEZ Act ], Central Government also appoints such officers and other employees as it considers necessary to assist the Development Commissioner in the performance of his functions in the Special Economic Zones [ Section 11(2) of the SEZ Act ]. Presently there are Seven Special Economic Zone at Kandla, Santacruz (Mumbai), Noida, Chennai, Cochin, Falta (Kolkata) and Visakhapatnam administered by the Central Government. Accordingly Recruitment Rules (RRs) for the officers and employees in these Government SEZs has been framed and a list of RR is given below. These RRs cover all aspects of staffing in the concerned zone such as number of posts, their classification, scale of pay, mode of appointment viz., promotion or deputation educational qualification, disqualification and relaxation provisions etc. Staffing in the 12 State/Private Sector Special Economic Zones is managed as per the RRs of respective Central Government SEZ under which the State SEZ has been placed. Staffing in Private Special Economic Zone established under the SEZ Act, 2005 is being managed in accordance with the instructions issued from time to time by the Department of Commerce the content of which for the sake of record convenience. (1) Man Power Structure: 1.1 The following manpower structure has been sanctioned for the Sector Specific and Multi Product Private SEZs notified after 10th February, 2006:- Sector Specific SEZs S. No. Name of the post No. of posts sanctioned 1. Deputy Commissioner of Customs Rs. 15600-39100+6600 1 (One) 2. Superintendent of Customs Rs. 9300-34800+4600 1 (One) 3. Appraiser Rs. 9300-34800+4800 1(One) 4. Assistant Development Commissioner Rs. 9300-34800+4200 1 (One) 5. Preventive Officer Rs. 9300-34800+4200 3 (Three) 6. Section Officer (Accounts) Rs. 9300-34800+4200 1 (One) 7. Stenographer Grade -III Rs. 5200-20200+2400 2 (Two) Total 10 (Ten) Multi Product SEZs S. No. Name of the post No. of posts sanctioned 1. Development Commissioner Rs. 37400-67000+10000 1 (One) 2. Joint Development Commissioner Rs. 15600-39100+7600 1 (One) 3. Deputy Commissioner of Customs Rs. 15600-39100+6600 1 (One) 4. Appraiser Rs. 9300-34800+4800 4(Four) 5. Assistant Development Commissioner Rs. 9300-34800+4200 4 (Four) 6. Preventive Officer Rs. 9300-34800+4200 8 (Eight) 8. Section Officer (Accounts) Rs. 9300-34800+4200 1 (One) 7. Stenographer Grade - I Rs. 9300-34800+4200 1 (One) 9. Stenographer Grade -II Rs. 9300-34800+4200 1 (One) 10 Stenographer Grade -III Rs. 5200-20200+2400 4 (Four) Total 26 (Twenty six) 1.2 The posts have been created on cost recovery basis. The posts relating to customs have been encadred by the Department of Revenue/CBEC and would be filled up accordingly by the officers drawn from the respective cadres. The posts of Development Commissioner and Joint Development Commissioner in the Multi Product SEZs would be filled as per existing policy. 1.3 Zonal Development Commissioner are requested to make an assessment of the functional requirement of Deputy Development Commissioner in each Zone and Joint Development Commissioner in identified cluster and invite applications from suitable candidates including eligible departmental candidates to prepare a panel for the post of Deputy Development Commissioners/Joint Development Commissioner as per model requirement rules for the post. The final selection is to be made with the approval of Department of Commerce. (2) Re-structuring of staffing pattern /Re-designation the Posts: 2.1 Downgrading of the post of Assistant Development Commissioner: In continuation of the Ministry's order of even number dated 21-12-2001 approval of the Competent Authority is hereby accorded for downgrading the post of Assistant Development Commissioner (Senior){Group "A"} in the scale of pay Rs. 8000-275-13500 wherever exists, in the Office of the Development Commissioner, Kandla SEZ, SEEPZ Special Economic Zone, Noida EPZ, Madras EPZ, Cochin SES, Falta EPZ and Visakhapatnam EPZ into Assistant Development Commissioner (Group "B" Gazetted) in the scale of pay of Rs. 6500-200-10500. The existing incumbent shall continue to hold the post in the same scale of pay and classification till they are promoted to the next higher grade. After their promotion, the post of Assistant Development Commissioner (Senior) shall automatically stand downgraded into Assistant Development Commissioner. 2.2 Deputy Commissioner of Customs in private Special Economic Zone as Development Commissioner/Joint Development Commissioner: Experience has been that each sector specific private SEZ does not require a full time Deputy Commissioner Customs. It is more effective to utilise the services of the Deputy Commissioner of (Customs) by forming clusters of SEZs so that one Deputy Commissioner of Customs may be in a position to look after a cluster of SEZs. On the other hand will also be more beneficial to man these posts by various cadres including customs so that issues such as coordination with State Government can be more effectively attended. Accordingly it has been decided to re-designate the post of Deputy Commissioner of Customs in private sector specific SEZs as Deputy Development Commissioner/Joint Development Commissioner in the same Pay-Band. The remaining manpower structure will-remain the same. 2.3 As per the revised Manpower Structure for Sector Specific SEZs issued vide this Department's Order of even number dated 9th April, 2010, the post of Dy. Commissioner Customs has been redesignated as Joint Development Commissioner/Deputy Development Commissioner in the same Pay-Band. Locating Joint Development Commissioner or Deputy Development Commissioner would be subject to the quantum of work. Accordingly, the following places have been identified for locating Joint Development Commissioners:- i. Ahmedabad ii. Aurangabad iii. Bangalore iv. Coimbatore v. Gurgoan vi. Hyderabad vii. Jaipur viii. Mumbai ix. Nagpur x. Nellore xi. Pune 2.4 The incumbents would be posted subject to functional requirements. Development Commissioner must invite applications from State Govt./State Govt. PSUs in the area of industrial development, Govt. of India Departments and PSUs and must have selection from the applicants. (3) Methodology for the filling up the post of Assistant Development Commissioner, Section Officer (Accounts), Stenographers Grade I , II and III 3.1 Following methodology for filling up the post of Assistant Development Commissioner, Section Officer (Accounts), Stenographers Grade I , II and III is prescribed :- (i) All appointments will be on deputation basis initially for a period of three years extendable upto five years in public interest. The terms and condition of the deputation would be same as the standard terms and condition prescribed by the Department of Personnel and Training (website : www.persmin.nic.in), Government of India vide their O.M. No.2/29/91-Estt.(Pay-II) dated 5th January, 1994 as amended from time to time. (ii) An employee of the Central Government or State Governments or a PSU of Central Government or State Governments may alone be considered for these posts. (iii) The educational qualification, work experience and other eligibility conditions like age limit etc. would be the same as provided in the recruitment rules prescribed for the respective posts in the Central Government SEZs would be as under:- ADC :- (a) (i) Holding analogous posts on regular basis; or (ii) With 3 years' regular service in posts in the scale of Rs. 5500-9000 (pre-revised) or equivalent; or (iii) With 8 years' regular service in posts in the scale 5000-8000 (pre-revised). (b) Possessing 2 years' experience in foreign trade or industrial development work. SO (Accounts) :- (a) (i) Holding analogous posts on regular basis; or (ii)With three years' regular service in the scale of Rs. 5000-8000(pre-revised) or equivalent; and (b) Possessing any one of the following qualifications: (i) A pass in the subordinate accounts service or equivalent examination conducted by any one of the organised Accounts Department of the Central Government. (ii) Successful completion of training in the Cash and Accounts work conducted by Institute of Secretarial Training and Management of equivalent; and (c) Possessing three years' experience of Cash, Accounts and Budget work. Stenographer Grade I :- (i) Analogous posts on regular basis; or (ii) With three years' regular service in the post of Stenographer in the pay scale of Rs. 4500-7000(pre-revised); or (iii) With eight years' regular service in the post of Stenographer in the pay scale of Rs. 4000-6000(pre-revised); and (a) Possessing a speed of 100 words per minute in English Shorthand and 40 words per minute in English typewriting; and (b) Knowledge in word processing. Stenographer Grade II :- (a) (i) Analogous posts on regular basis; or (ii) With three years' regular service in the post of Stenographer in the pay scale of Rs. 4500-7000(pre-revised); or (iii) With eight years' regular service in the post of Stenographer in the pay scale of Rs. 4000-6000(pre-revised); and (b) Possessing a speed of 100 words per minute in English Shorthand and 40 words per minute in English typewriting; and (c) Knowledge in word processing. Stenographer Grade III :- (a) (i) Holding an analogous post on regular basis; or (ii) Lower Division Clerks in the pay scale of Rs. 3050-4590(pre-revised) with eight years' regular service in the grade; and possessing a speed of 80 words per minute in English Shorthand, 30 words per minute typewriting; (b) Possessing a speed of 80 words per minute in English Shorthand, 30 words per minute in English typewriting; and Knowledge in word processing and (c) Knowledge in word processing 3.2 Composition of Selection Committee: The selection would be made by Committee having the following composition: (i) Development Commissioner concerned - Chairman (ii) Joint Development Commissioner concerned - Member (iii) Joint Director General of Foreign Trade concerned - Member (iv) Joint Secretary, D/o Commerce or his nominee - Member The Zonal DCs have been given the responsibility of initiating the process for filling up vacancies in the newly created private SEZs and therefore it has been decided that the respective Zonal DCs may chair the meeting of the Selection Committee and DC/JDC of the concerned Zone may be opted as one of the members of the Committee. Accordingly, in partial modification of Para 5 of instruction dated 11-5-2009; the Selection Committee would have the following composition: (i) Zonal Development Commissioner concerned - Chairman (ii) Development Commissioner/Joint Development Commissioner Concerned - Member (iii) Joint Director General of Foreign Trade concerned - Member (iv) Joint Secretary(SEZ), Department of Commerce or his nominee not below the level of Under Secretary - Member 3.3 Jurisdiction of respective Development Commissioner for filling up the vacancies : The process for filling up vacancies may be initiated by respective DCs for the Private SEZs located in the states in their jurisdiction as indicated below:- (i) DC, KSEZ Gujarat (ii) DC, MEPSEZ Tamil Nadu, A N islands, Pondicherry, except Mahe Yaman (iii) DC, SEEPZSEZ Maharashtra, Goa, Dadra Nagar Haveli Daman Diu (iv) DC, NSEZ Uttar Pradesh, Madhya Pradesh, Rajasthan, Delhi Punjab, Haryana, Chandigarh, Uttarankhand, H.P., J K (v) DC, CSEZ Kerala, Karnataka (vi) DC, FALTA SEZ West Bengal, Orissa, Assam, Jharkhand, Nagaland, Tripura,Manipur,Meghalaya Arunachal Pradesh. (vii) DC, VSEZ Andhra Pradesh, Chhattisgarh, Yaman (viii) DC Indore Madhya Pardesh 3.4 Action needs to be taken by the Development Commissioner for filling up the vacancies : (i) Each DC will prepare a recruitment plan for each zone, indicating against each anctioned post, the existing incumbents and to be appointed on deputation during the period April to September and October to March of each year. (ii) This will be done in consultation with the Developers and a copy of the plan will also be sent to Department of Commerce for information. (iii) All appointments on deputation will be made as per the plan only. 3.5 In case of Non-availability of candidates for the post of ADC and stenographers as per the eligibility specified already the Development Commissioner may observe/follow the following:- (i) For the post of ADC in private SEZs on cost recovery basis, experience in industrial development or foreign trade would be desirable and not mandatory. (ii) For the post of stenographers if cannot be filled as per the prescribed norms,Development Commissioner may outsource the services following the provisions of GFR and total emoluments in those cases will be restricted to admissible at the scale of the pay of the post of stenographers Each Development Commissioner is advised to prepare recruitment plan on the line of the guidelines contained in the aforesaid instructions read with above and forward the same to DOC. (4) One time Relaxation for filling up of posts in Special Economic Zone : 4.1 Relaxation allowed for the post of Asstt. Development Commissioner: In terms of existing Recruitment Rules, 33.33% of the posts of Asstt. Development Commissioners(ADCs) are required to be filling up by promotion and remaining 66.67% by deputation. References have been received in the Department of Commerce about the difficulty faced in filling up of the posts in the deputation quota. In the interest of smooth functioning of zones, some of the posts of deputation quota have been filled by way of regulation or ad hoc promotion of feeder grade officers. Requests have been received in this department to regularise the officials allowed promotion against deputation quota. The matter has been examined in this department. In order to adjust the excess beyond the promotion quota as prescribed in the RRs, as one time measure, it has been decided that upto 33.33% of the posts of ADCs of private SEZs under the jurisdiction of respective Zonal Development Commissioners, which are cost recovery posts be added to the sanctioned strength of ADCs to adjust the excess promotion(s) allowed against deputation quota, by the officers in the order of seniority in the feeder grade. The arrangement would be subject to the terms and conditions laid down vide DOPT O.M. No. 2/6/2009-Estt. (Pay-II) dated 25th February, 2009 regarding deputation of Central Government employee to ex-cadre posts. The posts would revert to the normal mode as and when vacated by the incumbents due to promotion against regular vacancy or due to any other reasons. The resultant vacancy in the feeder grade may also be filled on promotion basis subject to the continuation of the percentage of officials on deputation basis. (5) Quantum and the modalities for cost Recovery of the posts from the developers of notified SEZs under the SEZ Act, 2005 5.1 Apportionment of cost of the post filled up on cost recovery basis in cases: Where private SEZs are located at close distance to each other and the workload is also manageable and officers/staff posted at private sector SEZs working for more than one SEZ. (a) The available officers/officials shall be utilized fully. Depending on the geographical proximity and work load, they may be allocated more than one SEZ. (b) The cost of such posts may be shared among the zones being served by such officers/officials. 5.2 Quantum of cost recovery from the developer: The quantum and recovery of cost of posts in respect of Customs staff posted in newly notified SEZ may be regulated as per Department of Personnel Training Guidelines contained in OM No. 2/29/90-Estt. Pay II dated 5th January, 1994. These Guidelines inter alia provide for regulation of pay and allowance etc. of staff while on deputation. 6. Following circulars issued from time to time stands withdrawn: - S. No. File No. Dated Subject (i) F.No.A-7(2/1)/2001- EPZ 3rd May, 2002 Restructuring of staffing pattern in EPZ/SEZs. (ii) F.No.A-4/11/2007- SEZ 11th May, 2009 Filling up the posts of ADC/SO(Accounts) Stenographers Grade(I/II/III) in newly created SEZ. (iii) F.No.A-4(2)/1/2000 EPZ 15th June, 2010 Filling up the posts of ADC/SO(Accounts) Stenographers Grade(I/II/III) in newly created SEZ. (iv) F. No. A-4/11/2007- SEZ 8th September, 2009 Filling up of posts in the newly created SEZs on cost recovery basis. (v) F.No.A-4/11/2007- SEZ 23rd December, 2009 Filling up the posts of ADC/SO(Accounts) Stenographers Grade(I/II/III) in newly created SEZ. (vi) F.No.A-4/12/2008- SEZ 23rd February, 2010 One time relaxation for filling upof Posts of Asstt. Development Commissioners from eligible departmental candidates. (vii) F.No.A-6/10/2002- EPZ Vol.1 9th April, 2010 Manpower Structure in the sector specific SEZs. (viii) F. No. A-1/3/2008- SEZ 7th April, 2010 (ix) F.No.A-6/10/2002- EPZ Vol.1 7th May, 2010 Manpower Structure in Sector Specific SEZs. Annexure Kandla Special Economic Zone: (i) Kandla Freee Trade Zone Administration (Group "A" Gazetted) Recruitment Rules, 1986. Dated 11th June, 1999. (ii) Kandla Freee Trade Zone Administration (Group "C" and 'Group D" Non- Gazetted Posts) Recruitment Rules, 1981. Dated 5th May, 1999. (iii) Kandla Freee Trade Zone Gandhidham-Head Jamadar, Grade -I and Grade II(Group C) posts Recruitment Rules, 1991. Visakhapatnam Special Economic Zone: (i) Visakhapatnam Export Processing Zone, Visakhapatnam (Group 'A' an Group 'B') Recruitment Rule 1999 dated 28th September 1999 (amendment dated 27th October 1999). (ii) Visakhapatnam Export Processing Zone, Visakhapatnam (Group 'C' and Group 'D' posts) Recruitment Rule 2000 dated 15th September 2000. Noida Special Economic Zone: (i) Noida Export Processing Zone, Noida (Group 'A' and 'B" posts) Recruitment Rules 1999 dated 5th May, 1999. (ii)GZR 779(E) dated 31st December, repealing The Recruitment Rules for the posts of Development Commissioner (Group "A') and Joint Development Commissioner. (iii) Noida Export Processing Zone, Noida (Group 'C' and Group 'D' posts) Recruitment Rule 2000 dated 15th September 2000. Dated 15th September 2000. Falta Special Economic Zone: (i) Falta Export Processing Zone, Falta (Group 'A' and 'B" posts) Recruitment Rules..2000 dated 15th September 2000 . (ii) Falta Export Processing Zone, Falta (Group 'C' and Group 'D' posts) Recruitment Rule 2000 dated 15th September 2000. Madras Special Economic Zone: (i) GZR 782(E) dated 31st December, repealing The Recruitment Rules for the posts of Development Commissioner (Group "A') and Joint Development Commissioner (ii) Madras Export Processing Zone, Madras (Group 'C' and Group 'D' posts) Recruitment Rule 2000 dated 15th September 2000 Cochin Special Economic Zone: (i) GZR 781(E) dated 31st December, repealing The Recruitment Rules for the posts of Development Commissioner (Group "A') and Joint Development Commissioner (i) Cochin Export Processing Zone, Cochin (Group 'C' and Group 'D' posts) Recruitment Rule 2000 dated 15th September 2000 SEEPZ Special Economic Zone: (i) SEEPZ Special Economic Zone, Mumbai (Group 'A' and Group 'B' posts) Recruitment Rule 2001 dated 6th July 2001.