Indian Petroleum and Explosives Safety Service Rules, 2021

Indian Petroleum and Explosives Safety Service Rules, 2021

MINISTRY OF COMMERCE AND INDUSTRY
(Department for Promotion of Industry and Internal Trade)

NOTIFICATION
New Delhi, the 5th March, 2021

G.S.R. 154(E).—In exercise of the powers conferred by the proviso to article 309 of the Constitution and in supersession of the Ministry of Commerce and Industry, Petroleum and Explosives Safety Service Organization, Group ‘A‘ Posts Recruitment Rules, 2005, except as respects things done or omitted to be done before such suppression, the President hereby makes the following rules, namely:-

1. Short Title and Commencement.(1) These rules may be called the Indian Petroleum and Explosives Safety Service Rules, 2021.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definition.– In these rules, unless the context otherwise requires,

(a) “Commission” means the Union Public Service Commission;

(b) “Controlling Authority” means the Government of India in the Ministry of Commerce and Industry, Department for Promotion of Industry and Internal Trade.

(c) “Departmental Promotion Committee, Departmental Confirmation Committee and Departmental Screening Committee” mean committee to consider promotion or confirmation of officers in any grade and grant of Non-Functional Selection Grade in the Junior Administrative Grade, constituted in accordance with Third Schedule to these rules.

(d) “Duty post” means any postincluded mentioned in First Schedule;

(e) “Government” means the Government of India;

(f) “Grade” means a Grade specified in column 2 of the First Schedule;

(g) “PESO” means Petroleum and Explosives Safety Organisation;

(h) “Regular service” in relation to any Grade means the period or periods of service in that Grade rendered after selection and appointment thereto under the rules and includes any period or periods.

(i) taken into account for the purpose of seniority in the case of those already in the grade at the time of commencement of these rules; and

(ii) during which the officer would have held a duty post in that Grade but for being on leave or otherwise not available to hold such post;

(i) “Schedule” means a Schedule appended to these rules;

(j)“Service” means the Indian Petroleum and Explosives Safety Service.

(k) the expressions “Scheduled Castes” and”Scheduled Tribes” and shall have the meanings
assigned to them clause (24) and (25) of article 366 of the Constitution of India.

3. Constitution of the Service. –

(1) There shall be constituted a Service to be known as the Indian Petroleum and Explosives Safety Service consisting of members specified in rule 5.

(2) All the posts included in the Service shall be classified as Group ‗A‘ posts.

(3) The regular continuous service by the officers, as referred to in sub-rule 3(1) in the respective corresponding Grades, rendered prior to commencement of these rules shall be counted as qualifying service for the purpose of seniority, confirmation, promotion, non-functional up-gradation and pension.

4. Grades, authorized strength and its review.–

(1) The duty posts included in the various Grades of the Service, their number and the Level in the Pay Matrix on the commencement of these rules, shall be as specified in the First Schedule;

(2) After the commencement of these rules, the authorised strength of the duty posts in various grades shall be such as may, from time to time, be determined by the Central Government;

(3) Central Government may, in consultation with the Commission, include in the Service such posts as can be deemed equivalent in status, Level in the Pay Matrix and grade to the posts included in First Schedule to these rules or exclude from the service a duty post included in the said Schedule;

(4) The Central Government may, from time to time and in consultation with the Commission, appoint an officer to a duty post whose post is included in the Service under sub-rule (3), to the appropriate Grade of the Service in a temporary capacity or in a substantive capacity as it thinks fit and fix his seniority in that Grade in accordance with the general orders and instructions issued by the Government from time to time.

5. Members of the Service:

(1) The following persons shall be the members of the Service, namely:-

(a) persons appointed to duty posts under rule 6; and
(b) persons appointed to duty posts under sub-rule (4) of rule 4 and rule

(2) A person appointed under clause (a) of sub-rule (1) shall be deemed to be the member of the Service in the appropriate Grade, applicable to him as specified in the First Schedule, from the date of initial constitution of the Service.

(3) A person appointed under clause(b) of sub-rule (1) shall be a member of the Service in the corresponding Grade applicable to him as specified in the First Schedule from the date of such appointment.

6. Initial constitution of the Service.– All the existing officers of PESO holding Group ‗A‘ posts in various Grades, appointed under the Ministry of Commerce and Industry, Petroleum and Explosives Safety Organisation, Group ‗A‘ posts Recruitment Rules, 2005, on regular basis or holding lien on such posts on the date of commencement of these rules shall be deemed to have been appointed to the appropriate duty posts and the grades of the Service in a substantive or officiating capacity, as the case may be.

7. Future maintenance of the Service: – Any vacancy in any of the Grades referred to in the First Schedule after the commencement of these rules shall be filled in following manner, namely:-

(1) Appointments to various Grades of the Service shall be made in accordance with the method of recruitment, the field of promotion, the minimum qualifying service in the next lower Grade and other eligibility conditions for appointment by promotion, as specified in the Second Schedule.

(2) The selection of officers for promotion shall be made on the recommendation of the Departmental Promotion Committee constituted in accordance with the Third Schedule.

(3) Grant of Non-Functional Selection Grade (NFSG) in the Junior Administrative Grade (Non- Functional) of the Service shall be made on the recommendation of the Departmental Screening committee as specified in the Third Schedule.

(4) The educational and other qualifications, experience and age-limits for appointment by direct recruitment to Junior Time Scale (Deputy Controller of Explosives) of the Service shall be as specified in the Fourth Schedule.

8. Probation.-

(1) Every officer appointed to the Service either by direct recruitment or by promotion in Junior Time Scale shall be on probation for a period of two years:

Provided that the Controlling Authority may extend the period of probation in accordance with the instructions issued by the Government from time to time in this regard:
Provided further that any decision for extension of period of probation shall be taken ordinarily within eight weeks after the expiry of the period of probation and communicated in writing based on reasons to the concerned officer for so doing within the said period.

(2) On completion of the period of probation or any extension thereof, the officer shall, if considered fit for permanent appointment, be retained in his appointment on regular basis and be confirmed in due course against the available substantive vacancy.

(3) If, during the period of probation or any extension thereof, as the case may be, the Government is of the opinion that an officer is not fit for permanent appointment, the Government may discharge or revert the officer to the post held by him prior to his appointment in the Service, as the case may be.

(4) During the period of probation or any extension thereof, the officer may be required to undergo such courses of training and instructions and to pass examination and tests (including examination in Hindi) as Government may deem fit, as a condition to satisfactory completion of Probation.

(5) As regards other matters relating to probation, the members of the Service shall be governed by the instructions issued by the Government in this regard from time to time.

9. Seniority:–(1)The relative seniority of members of the Service appointed to the various Grades mentioned in the First Schedule, at the initial constitution of the Service under Rule 6, shall be the relative seniority in their respective grades as determined before the date of commencement of these rules;

Provided that if the seniority of any member of the Service has not been determined before the date of commencement of these rules, the same shall be determined by the Government in accordance with the general instructions on seniority issued by the Government from time to time.

(2) Officers appointed at the initial constitution shall be senior to those appointed subsequently.

(3) The seniority of persons appointed to various grades of the Service and inter-se seniority between the direct recruits in the grade of Junior Time Scale and the officers promoted to Junior Time Scale on and from the date of commencement of these rules shall be determined in accordance with the general orders or instructions on seniority issued by the Government from time to time.

10. Appointment to Service. –All appointments to the Service shall be made by the Controlling Authority for all the duty posts in various Grades of the Service.

11. Liability for service in any part of India and other conditions of service.–

(1) The officers appointed to the Service shall be liable to serve anywhere in India or outside.

(2) The conditions of service of the members of the Service, in respect of matters for which no provision is made in these rules, shall be the same as are applicable, from time to time, to officers of Central Civil Service in general.

12. Disqualification: –No person, –

(a) who has entered into or contracted a marriage with a person having a spouse living; or
(b) who, having a spouse living, has entered into or contracted a marriage with any person,shall be eligible for appointment to the Service:
Provided that the Central Government may, if satisfied, that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.

13. Power to relax. –Where the Government is of the opinion that it is necessary or expedient so to do, it may by order, for reasons to be recorded in writing and in consultation with the Commission, relax any of the provisions to these rules with respect to any class or category of persons.

14. Saving.–Nothing in these rules shall affect reservations, relaxation of age limit and other concessions required to be provided for the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Ex-Servicemen and other special categories of persons in accordance with the orders issued by the Government from time to time in this regard.

15. Interpretation –If any question relating to interpretation of these rules arises, it shall be decided by the Government.

FIRST SCHEDULE

[See Rules 2(f), 2(h); 4 (1), 4(3); 7 and 9 (1)]

Name, Number and scale of pay of duty posts included in the various grades of the Indian Petroleum and Explosives Safety (Group ‘A‘) Service

*number of posts are subject to variation dependent on workload.

# At any point of time, the combined strength of officers in Junior Administrative Grade (Functional) and Junior Administrative Grade (Non Functional) shall not be more than 38. At any point of time, the number of posts in Non-Functional Selection Grade i.e. Joint Chief Controller of Explosives shall not exceed 15% of the Senior duty posts (that is all duty posts at the level of Senior Time Scale and above in the cadre).

SECOND SCHEDULE

[See Rule 7]

Method of recruitment, field of promotion, minimum qualifying service in the next lower grade and other eligibility conditions for appointment of officers by promotion to duty posts included in the various grades of the Indian Petroleum and Explosives Safety Service (IPESS).

Note 1: Where juniors who have completed their qualifying/eligibility service are being considered for promotion for all posts except Junior Administrative Grade (Non-Functional) (Joint Chief Controller of Explosives) their seniors shall also be considered provided they are not short of the requisite qualifying/eligibility service by more than half of such qualifying/eligibility service or two years, whichever is less, and have successfully completed their probation period for promotion to the next higher grade along with their juniors who have already completed such qualifying/ eligibility service.

Note 2: For existing incumbents in the grade of Senior Technical Assistant on the date of notification of these rules, there shall not be any requirement to possess the educational qualification for promotion to the Junior Time Scale grade (Deputy Controller of Explosives).

THIRD SCHEDULE
[See rule 2(d) and 7 (b)]

Composition of Departmental Promotion or Screening or Confirmation Committee for considering cases of promotion, placement in Non-Functional Selection Grade of the Junior Administrative Grade and confirmation to various grades of the Indian Petroleum and Explosives Safety Service

FOURTH SCHEDULE
[See rule 7 (c)]

Minimum educational and other qualification and age limit for direct recruitment in the Junior Time Scale of the Indian Petroleum and Explosives Safety Service.

[F. No. 1(32)/2018-Explosive]
SUMITA DAWRA, Addl. Secy.

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