DGFTDraft - Rules - 2017
DGFTDraft - Rules - 2017
DGFTDraft - Rules - 2017
A-12018/1/2016-HRD-1 Lti15
Government of India
Ministry of Commerce & Industry
(Department of Commerce)
Directorate General of Foreign Trade
OFFICE MEMORANDUM
Subject:- Inviting comments on the proposed Draft Indian Trade Service (Group
A) Rules, 2017.
3. The comments should reach within 30 days from the issue of this OM to
the undersigned.
(Nirmal Kumar)
Dy. Director General of Foreign Trade
E-mail: nirmal.kumar65@nic.in
Tel. No. 011- 23063918
To
All Indian Trade Service Officers
[To be published in the Gazette of India Extraordinary]
{Part-Il, Section-3, Sub Section (in
No.A.12018/1/2016-HRD.1
Government of India
Ministry of Commerce and Industry
Department of Commerce
Directorate General of Foreign Trade
G.S.R. No. - In exercise of the powers conferred by the proviso to Article 309 of the
Constitution and in supersession of the Indian Trade Service (Group 'A') Rules, 1977, as amended from
time to time, except in respect of things done or omitted to be done before such supersession, the
(1) These rules may be called the Indian Trade Service (Group 'A') Rules, 2017.
(2) They shall come into force on the date of their publication in the Official Gazette.
(a) "Appointing Authority" in relation to any grade means the authority empowered under the
Central Civil Services (Classification, Control and Appeal) Rules, 1965 to that grade;
(b) 'Cadre' means the group of posts in the grades as specified in Schedule -I;
(c) 'Cadre Controlling Authority' means the Department of Commerce, Ministry of Commerce
(e) "Departmental Candidate" means a person who has been appointed otherwise than on
Departmental Promotion Committee and who holds a post or holds a lien in a post;
i. Specified in Schedule - Ion the date of the commencement of these rules; and
ii. Encadred in the Service and included in Schedule - I after the initial constitution of the
promotion in any grade as indicated in Rule 4 and Schedule - I to these rules a, ...J the
(g) "Duty Post" means any post, whether permanent or temporary, included in Schedule -I;
(h) "Examination" means the Civil Services Examination for recruitment to the Service or such
other service or services as may be specified by the Commission from time to time;
(j) "Grade" means any of the grades specified in Column (2) of Schedule -I;
(k) "OBC" means Other Backward Classes having the same meaning as provided in the
(I) "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 according to the
prescribed procedure for regular appointment to that grade and includes any period or
periods:
(i) taken into account for purpose of seniority in case of those appointed under Rule 6;
and
(ii) in respect of an officer 'recruited directly to that grade, period or periods of regular
service rendered in that grade, including period or periods of absence during which he
would have held a post on regular basis in that grade but for his being on leave or
otherwise not being available to hold such post, from the first day of January of the
year, following the year in which the examination for direct recruitment was held; or
(iii) in respect of an officer recruited to that grade on the basis of length of service in the
lower grade, period or periods of regular service rendered in that grade, including
period or periods of absence which he would have held a post on regular basis in that
grade but for his being on leave or otherwise not being available to hold such post,
from the first day of January of the year for which the recruitment was made:
Provided that where there is delay of more than ninety days in joining on
appointment, in any of the cases mentioned in the sub clauses (i) and (ii) above, such
delay should not be due to any fault on the part of the officer;
(n) "Scheduled Castes" and "Scheduled Tribes" shall have the same meaning as assigned to
them respectively in clauses (24) and (25) of article 366 ofthe Constitution;
(0) "Screening Committee" means a committee constituted to consider appointment to the
Selection Grade (Non Functional) of the Service or for grant of Non Functional Upgradation
(p) "Service" means the Indian Trade Service (Group 'A') constituted under rule 3 of these
rules.
3. Constitution of the Indian Trade Service: There shall be a constituted service known as Indian
Trade Service (Group 'A') comprising of officers appointed to the Service, under rule 6 and 7, against the
4. Grades, Authorized Strength and Review: (1) There shall be six grades in the Service namely
Higher Administrative Grade, Senior Administrative Grade, Selection Grade (Non Functional), Junior
(2) The duty posts included in the various grades of the Service, their authorized strength,
. nomenclature, classification and scale of pay attached thereto, on the date of commencement of these
a) the Government may, from time to time, make temporary additions or alterations to the
authorized strength of the duty posts in various grades, for such period, as may be specified
therein;
b) the Government may, in consultation with the Commission, include in the Service, such
posts included in the Service in status, grade, pay scale and professional content or exclude
from the Service a duty post already included in the said Schedule; and
c) the Government may, in consultation with the Commission, appoint an official to a duty
post included in the Service under clause (b) to the appropriate grade on a regular basis and
fix his seniority in the grade after taking into account continuous regular service in the
analogous grade.
5. Members of the Service: (l)The following persons shall be the members of the Service:-
a) persons deemed to have been appointed to the duty posts under rule 6; and
(3) A person appointed under clause (b) of sub-rule (1) shall be a member of the Service in the
appropriate grade applicable to him in Schedule -I from the date of such appointment.
6. Initial Constitution of the Service: (1) All existing officers holding duty posts in Junior Time
Scale, Senior Time Scale, Junior Administrative Grade, Selection Grade (Non Functional], Senior
Administrative Grade and Higher Administrative Grade of the Service, on regular basis or holding lien on
such duty posts, on the date of commencement of these rules, shall be members of the Service in the
respective grades.
(2) The regular continuous service of the officers referred to in sub-rule (1) before the
commencement of these rules shall count for the purpose of probation, qualifying service for
7. Future maintenance of the Service: The vacancies arising in any of the grades referred to in
(1) 50% of the posts in Junior Time Scale of the Service shall be filled by direct recruitment
through Civil Services Examinations conducted by the Commission on the basis of educational
qualifications and age limits decided by the Commission for this purpose as specified in Schedule - " of
this rule.
(2) 50% of the posts in Junior Time Scale of the Service shall be filled by promotion from
amongst the officers in the lower grade with minimum qualifying service as specified in Column (4) of
Schedule -III.
(3) All posts in Senior Time Scale and above of the Service shall be filled by promotion from
amongst officers in the immediate lower grade of the Service with minimum qualifying service as
(4) Promotion of officers to the Higher Administrative Grade (HAGL Senior Administrative Grade
(SAGL Junior Administrative Grade (JAG) and Junior Time Scale (JTS) of the Service shall be on the basis
of promotion by selection.
(5) Appointment to the Selection Grade (Non Functional) and promotion to the grade of Senior
Time Scale (STS) of the Service shall be on the basis of non-selection taking into account the overall
performance and experience in accordance with the guidelines issued by the Government from time to
time.
(6) Selection of officers in each case under sub-rule 2, 3, 4 and 5 shall be on the
IV
Note:
Where juniors who have completed their qualifying/eligibility service are being considered for promotion,
their seniors would 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 probation period for promotion to the next higher grade along with their juniors
who have already completed such qualifying/eligibility service.
8. Probation: (1) Every officer, on appointment to the posts in Junior Time Scale of the Service
either by direct recruitment or by promotion, shall be on probation for a period of two years;
Provided that the Cadre Controlling Authority may extend the period of probation in accordance
with the instructions issued by the Government from time to time in this behalf;
Provided further that any decision for extension of a probation period shall be taken
immediately, after the expiry of the initial period of probation and ordinarily within eight weeks, and
communicated in writing to the concerned officer, together with reasons for so doing within the said
period.
(2) On completion of the period of probation or extension thereof, the officer shall, if considered
fit for permanent appointment, be confirmed in terms of the extant orders of the Government, issued
(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, Government may
discharge the officer or revert him to the post held by him prior to this appointment in the Service, as
(4) During the period of probation or any extension thereof, an officer may be required by
Government to undergo such courses of training or to pass such examination or tests (including
examination in Hindi) as the Government may deem fit, as condition for satisfactory completion of
probation.
(5) As regards other matters relating to probation, the members of the Service will be governed
by the orders or instructions issued by the Government in this regard from time to time.
9. Appointment to the Service: All appointments to the Service or the posts borne on the Cadre of
time of initial constitution of the Service under rule 6, shall be as obtained on the date of
Provided that if the seniority of any such member had not been specifically determined on the
said date, the same shall be determined on the basis of the rules governing the fixation of seniority as
were applicable to the members of the Service prior to the commencement of these rules.
(2) The seniority of the persons recruited to the Service other than those appointed under rule 6
shall be determined in accordance with the general instructions issued by the Government in the matter
(3) In the cases not covered by sub-rules (1) and (2), seniority shall be determined by the
11. Year of Allotment: The year of allotment of an officer appointed to the Service after the
(1) In the case of an officer directly recruited to the Service, the year following the year of the
(2) In the case of an officer inducted to the Service through promotion in terms of sub rule (2)
of rule 7, it shall be the year for which the selection/promotion was held/made.
12. Grant of Non Functional Upgradation: (1) Non-functional upgradation may be granted to the
members of the Service in accordance with the instructions issued by the Central Government in this
(2) All the prescribed eligibility criteria and promotional norms including 'benchmark' for up-
gradation to a particular Grade Pay shall have to be fulfilled at the time of screening for grant of higher
pay-scale.
the Government is of the opinion that it is necessary or expedient to do so, it may for reasons to be
recorded in writing and in consultation with the Commission, fill a duty post in any grade by deputation
for a specified period and lor by induction to a grade in the service through selection, to bring
talent/expertise relating to Foreign Trade. The period of deputation, qualifications, experience, seniority
and the eligibility service for such appointment to any grade of the Service in this rule shall be decided
(i) An officer appointed to the Service shall be liable to serve anywhere in India or outside.
(ii) 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 the
(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,
Provided that the 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.
16. Power to relax: Where the Government is of the opinion that it is necessary or expedient to do
so, it may, by order for reasons to be recorded in writing, and in consultation with the Commission, relax
any of the provisions of these rules with respect to any class or category of persons.
17. Savings: Nothing in these rules shall affect reservations, relaxation in age limit and other
concession required to be provided for the Scheduled Castes, the Scheduled Tribes, Ex-servicemen and
other special categories of persons, in accordance with the orders issued by the Central Government
18. Interpretation: If any question arises relating to the interpretation of these rules, it shall be
19. Repeal: The rules regulating the methods of recruitment to the Indian Trade Service, as notified
in Government of India, Ministry of Commerce notification no. 6/12/66-E.1 dated 3rd August, 1977 and
subsequent notifications for amendment thereto, are hereby repealed in so far as recruitment to the
Provided that such repeal shall not affect anything done or action taken under the said rules, ,
20. Residuary Matters: In regards to matters not specifically covered by these rules, or
regulations or orders made or issued thereunder or by special order, the members of the Service shall
be governed by the rules, regulations and orders applicable to the officers of the Central Civil Services in
general.
(Nirmal Kumar)
Note :- The principal Rules published vide No. 6/12/66- E.I. dated the 3rd August, 1977, in Part 1, Section
2 of the Gazette of India dated s" August, 1977 and subsequently amended vide:
'G'/2136
Grade, Number of Posts, LEVELin the PAY MATRIX of Duty Posts in the Service
The minimum educational qualifications and age limits for direct recruitment to the post of
Assistant Director General of Foreign Trade in the Junior Time Scale of the Indian Trade Service (ITS)
shall be as under:-
Provided further that a candidate who is otherwise qualified but who has taken a degree
from a foreign University which is not approved by the Government may also be
admitted to the examination at the discretion of the Committee.
2. Age Limit: A candidate should have attained the age of 21 years and must not have attained the
age of 30 years on the first day of month of August of the year in which the examination is held:
Provided that the upper age limit may be relaxed in respect of candidates belonging to
the Scheduled Castes and the Scheduled Tribes, and such other categories of persons as
may, from time to time, be notified in this behalf by the Government of India, to the
extent and subject to the conditions notified in respect of each category.
Provided further that the prescribed age limits may vary in accordance with the
Notifications issued by the Commission for the Civil Services Examination from year to
year.
3. Decision as to eligibility: The Commission shall decide the eligibility or otherwise of a candidate
for admission to the examination and no candidate to whom a certificate of admission has not been
issued by the Commission shall be admitted to the examination.
SCHEDULE-III
{see rules 7(2)(b), 7(3) and 7(4)}
Method of recruitment, field of promotion and minimum qualifying service in the immediate lower
grade for appointment of officers on promotion to Duty Posts included in the various Grades of the
Service.
4. Junior Administrative 100% by promotion on selection Officers in Senior Time Scale of the
Grade (JAG) basis. Indian Trade Service (Group 'A') who
have completed at least 5 years
(Joint Director General of regular service in the Grade.
Foreign Trade/Deputy
Secretary)
5. Senior Time Scale (STS) 100% by promotion on the basis of Officers in Junior Time Scale of the .
seniority based on suitability (non- Indian Trade Service (Group 'f' who
(Deputy Director General selection). have completed at least 4 years of
of Foreign Trade/ Under regular service in the Grade.
Secretary)
6. Junior Time Scale (JTS) (i) 50% by direct recruitment. As per rule 7 (1)
2) Secretary, Department of
Commerce: Member
3) Director General of
Foreign Trade: Member
2. Senior Administrative 1) Chairman/Member, Chairman Not applicable
Grade (SAG) Union Public Service Commission:
4) Joint Secretary
(Administration), Department of
Commerce: Member
4. Senior Time Scale 1) Director General of Chairman Not applicable
(STS) Foreign Trade (DGFT):
Director/ Deputy
4) Joint Director General of Foreign
Member Secretary,
Trade
Department of
(Administration), DGFT Headquarter:
Commerce
SCHEDULE-V
{See rule 12(3)}
Composition of Departmental Screening Committee for Grant of Non Functional Upgradation (NFU)
and Non Functional Selection Grade (NFSG)
(Nirmal Kumar)
Deputy Director General of Foreign Trade
nirmal.kumar65@nic.in
~ 011 - 23063918
To
The Manager,
Government of India Press,
Mayapuri, New Delhi.
(Alongwith Hindi Version)
Copy to:-
(Nirmal Kumar)
Deputy Director General of Foreign Trade