The Central Bureau of Investigation (Procecutions Staff) Recruitment Rules, 1980, except as respects things d…

REGD.NO. D. L.-33004/99

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 61] NEW DELHI, FRIDAY, FEBRUARY 1, 2002/MAGHA 12, 1923

344 GI/2001 - 1.

(1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] 3 4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] _56 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC, 3(i)] 7 8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] _9

3^t-/ci/j2_c<) x- y

10 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

JJ. „- a* ^12 THE GAZETTE OF INDIA : EXTRAORDINARY [PARI U—Stc 3(i)]

M1NTSTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

NOTIFICATION

New Delhi, the 21st January, 2002

G.S.R. 74(E).—In exercise of the powers conferred by the proviso to Article 309 of the Constitution and in supersession of the Central Bureau of Investigation (Additional Legal Adviser) Recriuitment Rules, 1984, the Central Bureau of Investigation (Deputy Legal Adviser) Recruitment Rules, 1975, and the Central Bureau of Investigation (Procecutions Staff) Recruitment Rules, 1980, except as respects things done or omitted to be done before such superses- sion, the President hereby makes the following rules regulating the method of recruitment of various posts of Legal Advisers and Prosecutors in Central Bureau of Investigation, namely "—

1 Short title and commencement—^ 1) These rules may be called the Central Bureau of Investigation (Legal Adv iscrs and Prosecutors) Rccruitinent Rules, 2002.

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

2. Application.—These rules shall apply to the posts specified in column 1 of the Scheduled annexed to these rules

^ Number, classification and scale of pay.—The number of the said post, their classification and the scale of pav attached thereto, shall be as specified in columns 2 and 4 of the said Schedule.

4 Method of recruitment, age-limit, qualifications, etc—The method of recruitment to the said post, age Unut, qualifications and other matters relating thereto shall be as specified in columns 5 to 14 of the said Schedule 5 Disqualifications.— 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 other person, shall be eligible for appointment to the said post 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 where there are other grounds for so doing, exempt any persons from the operation of this rule

6 Power to relax.—Where the Central Government is of the opimon that it is necessary or expedient so to do, it may by order for reasons to be recorded in writing and m consultation with the Union Public Service Commission relax any of the provisions of these rules with respect to any class or category of persons.

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

SCHEDULE

Scafrof pay Number of post

Name of the post

Classifi- cation

Age limit for direct recruits

Whether benefit of added years of ser- vice admissible under rule 30 of the Central Cml Services (Pension) Rules, 1972

Whether

selection by

mentor

selection-cum

seniority or

non-selection

post

Rs 14,300-400- 18300 1 Additional Legal Ad\ iser

General Central Service, Group 'A'

t Gazetted

•6 *(2000) Subject to va nation depedent on workload Non-Minis trial

Selection

Yes

Not exceeding 50 years (relaxable for Govern- ment servants upto five years in accordance with the instructions or order issued by the Central Government)

Note: The crucial date for determining the age- limit shall be the closing date for receipt of appli- cations from candidates in India, (and not the closing date prescribed for those in Meghalaya. Arunachal Pradesh. Mizoram, Manipur. Nagaland, Tripura. Sikkin Ladakh Division of Jamn and Kashmir State. Lahai and Spiti district and Pangi sub-division of Chamba district of Himachal Pradesh. Andaman and Nicobar Islands or Lakshadweep] 114 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] Educational and other qualifica- tions required for direct recruits

Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees

Age: No Educational Qualification: Yes

Essential: (i) degree in Law of a recognised University or equivalent. (ii) twelve years' practice as an advocate or Twelve years' experience in a State Judicial Service or Legal Department of a State or Central Government Note 1: Qualifications are relaxablc at the discretion of the Union Public Service Commission in case of candidates otherwise well qualified

I Note 2: The qualification regar- ding experience is relaxable at the discretion of the Union Public Service Commission in the case of candidates belonging to the Scheduled Castes or the Scheduled Tribes, if at any stage of selection the Union Public Service Commis- sion is of the opinion that sufficien t number of candidates from these communities possessing the requisite experience are not likely to be available to fill up the posts reserved for them.

Period of probation, if any

Method of recruitment whether by direct recruitment or by promotion or by deputation or absorption and percentage of the posts to be filled by various methods

One year for direct recruits.

Promotion foiling which by deputation; failing both by direct recruitment

If a Departmental Promotion Committee

exists what is its composition

In case of recruitment by pro- motion or deputation or absorp- tion grades from which promo- tion or deputation or absorption to be made

Promotion: From amongst Deputy Legal Advisers with five years' regular service in the grade. Note : Where juniors who have completed their qualifying or eli- gibility service are being consi- dered for promotion, their seniors would also be considered provided

Circumstances in which Union Public Service Com- mission is to be consulted in making recruitment 1

Consultation with Union Public Service Commission necessary while making direct recruitment and appointing an officer on deputation.

Group 'A' Departmental Promotion Committee (for considering promotion): 1. Chairman or Member, Union Public Service Commission —Chairman 2. Director or Special Director Central Bureau of Investigation —Member 3. Additional Secretary (Vigilance)/Joint Secretary (Vigilance), Department of Personnel J512 14 13 and Training or any other Joint Secretary in the Department of Personnel and Training nominated by the Secretary (Personnel)

—Member 4. Legal Adviser, Central Bureau of Investi- i gation —Member

Group 'A' Department Promotion Committee (for considering confirmation):

they arc not short of the requisite qualifying or eligibility service by more than half of such qualifying or eligibility service or two years, whichever is less, and have suc- cessfully completed their probation period for promotion to the next higher grade alongwith their juniors who have already comple- ted such qualifying or eligibility service.

1. Additional Secretary (Vigilanceyjoint Secretary (Vigilance), Departmental of Personnel and Training or any other Joint Secretary in the Department of Personnel and Training nominated by the Secretary (Personnel). —Chairman

Deputation: Officers under the Central or State Governments - (a) (i) holding analogous posts on regular basis; or

2. Additional Director or Special Director Central Bureau of Investigation —Member 3. Legal Adviser, Central Bureau of Investiga- tion —Member

(ii) with five years' regular service in posts in the scale of Rs. 12,000- 16,500/- or equivalent; and (b) Possessing the educational qualifications and experience pre- scribed for direct recruits under column 8.

(The departmental officers in the feeder category who are in the direct line of promotion shall not be eligible for consideration for appointment on deputation).

Similarly, deputationists shall not be eligible for consideration for appointment by promotion.

(Period of deputation including period of deputation in another ex- cadre post held immediately preceding this appointment in the same or some other organisation or department of the Central Government shall ordinarily not exceed four years. The maximum age limit for appointment by deputation shall be not exceeding 56 years as on the closing date for receipt of applications.)

Note: The suitability of the regular holders of the post of Additional Legal Adviser in the pre-revised scale of Rs. 3700-5000 prior to upgradation of this post in the scale of Rs. 14300-18300 (revised) and having five years' regular service in the grade shall be initially16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] 2 13 14 assessed by the Commission for appointment to the upgraded post Tf assesed suitable they shall be deemed to have been appointed to the post at the initial constitution If assessed not suitable for appointment to the upgraded scale of pay. they shall continue to be in the revised scale of Rs. 12(XK)-16500 and their cases shall be reviewed every year.

Yes

Rs. 12,000-375- 16500

Selection by merit

2 Deputy Legal Ad\ iscr

•20 (2000) •Subject to vanation dependent on workload

General Central Service, Group 'A' Gazetted Non-Minis- terial.

Not exceeding 50 years. (Relaxable for Govern- ment servants upto five years in accordance with the instructions or orders issued by the Central Government).

Note: The crucial date for determining the age- limit shall be the closing date for receipt of appli- cations from candidates in India, (and not the closing date prescribed for those in Meghalaya, Arunachal Pradesh. Mizoram, Manipur, Nagaland, Tripura, Sikkim, Ladakh Division of Jammu and Kashmir State, Lahaul and Spiti district and Pangi sub-division of Chamba district of Himachal Pradesh, Andaman and Nicobar Islands or Lakshadweep).

One year for direct recruits

Promotion failing which by deputation failing both by direct recruitment ENNcntial: (i) degree in Law of a recognised Uni\ersilv or equivalent, (n)lcn years' practice as an ad\ ocatc in conducting criminal cases Note 1: Qualifications are reliable at the discretion of the Union Public Service Commission m case of candidates otherwise well qualified17 8 9 ID 11 Note 2: The qualificatioQ(s) regarding experience is/are relaxable at the discretion of the Union Public Service Commission in the case of candidates belonging to the Scheduled Castes or the Scheduled Tribes, if at any stage of selection the Union Public Service Commission is of the opinion that sufficient number of candidates from these communities possessing the requisite experience are not likely to be available to fill up the posts reserved for them.

Desirable: Experience as Public Prosecu- tor or Government Advocate.

Consultation with Union Public Commission necessary while making direct recruitment and appointing an officer on deputation.

Group 'A' Departmental Promotion Committee (for considering promotion): 1. Chairman or Member, Union Public Service Commission —Chairman 2. Director or Special Director Central Bureau of Investigation —Member 3. Additional Secretary (Vigilance)/Joint Secretary (Vigilance), Department of Personnel and Training or any other Joint Secretary in the Department of Personnel and Training nominated by the Secretary (Personnel)

—Member 4. Legal Adviser, Central Bureau of Investi- gation —Member

Promotion: From amongst Senior Public Prosecutor with five years' regular service in the grade. Note: Where juniors who have completed their qualifying or eli- gibility service are being consi- dered, provided they are not short of the requisite qualifying or eligibility service by more than hairof such qualifying or eligibi- lity service or two years, which- ever is less, and have success- fully completed their probation period for promotion to the next higher grade alongwith their juniors who have already comple- ted such qualifying or eligibility service.

Group 'A' Department Promotion Committee (for considering confirmation):

Deputation: Office under the Central or State Government- al) (i) holding analogous posts on regular basis; or

1. Additional Secretary (Vigilance)/Joint Secretary (Vigilance), Department of Personnel and Training or any other Joint Secretary in the Department of Personnel and Training nomited by the Secretary (Personnel). —Chairman

2. Additional Director or Special Director Central Bureau of Investigation —Member 3. Legal Adviser, Central Bureau of Investiga- tion —Member

(ii) with five years' regular service in posts in the scale of Rs. 10,000- 15.200/- or equivalent; and (b) Possessing the educational qualifications and experience pre- scribed for direct recruits under column 8.

(The departmental officers in the feeder category who are in the direct line of promotion shall not be eligible for consideration for appointment on deputation).

2,H"jr/-^ •—-3

18^ THE GAZETTE OF INDIA: EXTRAORDINARY [PART H—tee. 3(i)J D 14 12

Similarly, deputationists shall not be eligible for consideration for appointment by promotion. (Period of deputation including period of deputation in another ex- cadre post held immediately preceding this appointment in the same or some other organisation or department of the Central Government shall ordinarily not exceed four years. The maximum age limit for appointment by deputation shall be not exceeding 56 years as on the closing date for receipt of applications.) Note: The suitability of the regular holders of the post of Deputy Legal Adviser in the pre-revised scale of Rs. 3000-5000 prior to upgradation of this post in the scale of Rs. 12000-16500 (revised) and having five years' regular service in the grade shall be initially assessed by the Commission for appointment to the post at the initial constitution. If assessed not suitable for appointment to the upgraded scale of pay. they shall continue to be in the revised scale of Rs. 10000- 15200 and their cases shall be reviewed every year.

Yes

RS. 10,000-325- 15200.

Sclection-cum -Seniority.

3. Senior Public Prosecutor.

*67 (2000) •Subject to variation dependent on workload.

General Central Service, Group A' Gazetted Non-Minis- terial,

Not exceeding 40 years. (Relaxable for Govern- ment servants upto five years in accordance with the instructions or orders issued by the Central Government). Note: The crucial date for determining the age- limit shall be the closing date for receipt of appli- cations from candidates in India, (and not the closing date prescribed for those in Assam, Meghalaya. Arunachal Pradesh.

19 7 1 2 3 ⁴ ⁵ ⁶

9 S

EMential ; (i) degree in Law of a recognised

No University or equivalent, (ii) eight years' practice as an advocate in conducting criminal cases. Note 1: Qualifications are relaxable at the discretion of the Union Public Service Commission in case of candidates otherwise well qualified Note 2: The qualification's) regarding experience is/are relaxable at the discretion of the Union Public Service Commission in the case of candidates belonging to the Scheduled Castes or the Scheduled Tribes if at any stage of selection the Union Public Service Commission is of the opinidn that these sufficient number of candidates from communities possessing the requisite experience are not likely to be available to fill up the posts reserved for them.

13 12 Promotion: Public Prosecutor with five years' regular service in the grade. Note: Where juniors who have completed their qualifying or eli- gibility service are being consi- dered, for promotion, their seniors would also be considered provi- ded they are not short of the re- quisite qualifying or eligibility service by more than half of such qualifying or eligibility service or two years, whichever is less, and have successfully completed their probation period for promo- tion to the next higher grade alongwith their juniors who have

Mizoram, Manipur, Nagaland, Tripura, Sikkim, Ladakh Division of Jammu and Kashmir State, Lahaul and Spiti district and Pangi sub-division of Chamba district of Himachal Pradesh, Andaman and Nicobar Islands or Lakshadweep).

1. 50 percent by promotion One year for

failing which by deputation.

direct recruits.

2.25 percent by direct recruit-

ment.

3. 25 percent by deputation

or absorption

Group 'A' Departmental Promotion Committee (for considering promotion and confirmation): (i) Director, Central Bureau of Investigation.

—Chairman

Consultation with the Union Public Service Commission necessary while making direct recruitment and ap- pointing an officer on deputation or absorption.

(ii) Additional Director or Joint Director, Central Bureau of Investigation. —Member (iii) Additional Secretary (Vigilance)/Joint Secretary (Vigilance), Department of Personnel and Training or any other Joint Secretary in the Department of Personnel and Training nominated by the Secretary (Personnel)

—Member

(iv) Legal Adviser, Central Bureau of Investi- gation. —Member20 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC, 3(i)] 12 B 14 already completed such quali- fying or eligibility service. Deputation or Absorption: Officers under the Central or State Governments— (a) (i) holding analogous posts on regular basis; or

(ii) with five years' regular service in posts in the scale of Rs. 8,000- 13,500/- or equivalent; and (b) Possessing the educational qualifications and experience pre- scribed for direct recruits under column 8.

(The departmental officers in the feeder category who are in the direct line of promotion shall not be eligible for consideration for appointment on deputation).

Similarly, deputationists shall not be eligible for consideration for appointment by promotion.

(Period of deputation including period of deputation in another ex- cadre post held immediately preceding this appointment in tbt same or some other organi- . .r or department of the Cc -"• Government shall ordinariU *""• exceed three years. The maximum age limit for appointment by deputation or absorption shall be not exceeding 56 years as on the closing date for receipt of applications.) Note: The suitability of the regular holders of the post of Senior Public Prosecutor in the pre-revised scale of Rs. 2200-4000 prior to upgradation of this post in the scale of Rs. 10000-15200 (revised) and having five years' regular service in the scale shall be initially assessed ft* appointment to the upgraded post If assessed suitable for appointment, the incumbents shall be deemed to have been appointed to the post at the initial constitution. If assessed not suitable for appointment to the upgraded scaleofpay, the incumbents shall continue to be in the revised scale of Rs. 8000-13500 and theircases shall be reviewed every year.

21 1 2 3 4 5 6 7 Yes

Rs. 8000-275- 13500

4 Public Prosecutor

Selection- cum- senionty

General Central Service, Group 'A' Gazetted

•96 (20(X)) •Subject to variation dependent on workload . Non-Mini&

tenal

Not exceeding 35 years (relaxable for Govern- ment servants upto five years in accordance with the instructions or orders issued by the Central Government). Note : The crucial date for determining the age- limit shall be the closing date for receipt of appli- cations from candidates in India, (and not the closing date prescribed for those in Assam, Meghalaya, Arunachal Pradesh, Mizoram, Manipur, Nagaland, Tripura, Sikkim, Ladakh Division of Jammu and Kashmir State, Lahaul and Spiti district and Pangi sub-division of Chamba district of Himachal Pradesh, Andaman and Nicobar Islands or Laksha- dweep).

1.20 percent by promotion failing

which by deputation.

2. 55percentbydirectrecruinnent. 3. 2 5 percent by deputation

One year for direct recruits and promotees

or absorption Essential: (i) degree in Law of a recognised U n IV ersity or equivalent, (ii) seven years' practice at llic Bar in conducting criminal c.i<>es Note 1: Qualifications are relaxable ;il the discretion of the Union Pub- lic Sen ice Commission in case of candidates otherwise well qualified. Note 2: The qualification regarding experience is rclaxable at the discre- lion of the Union Public Service Commission in the case of candi- dates belonging to the Scheduled Casics or the Scheduled Tribes, if al an\ stage of selection the Union Public Service Commission is of the opinion that sufficient number of candidates from these communities possessing the requisite experience arc not likely to be available to fill up Ihc posts reserved for them.

22 THE GAZETTE OF INDIA: EXTRAORDINARY [PART H—SEC, 3(i)] 13 12 14

Consultation with Union Public

Service Commission necessary

on each occasion

Group 'A' Departmental Promotion Committee (for considering promotion): (I) Chairman or Member, Union Public Service Commission —Chairman (H) Director or Joint Director, Central Bureau of Investigation —Member (in) Additional Secretary (Vigilanceyjoint

I Secretary (Vigilance), Department of Personnel

and Training or any other Joint Secretary in the Department of Personnel and Training nominated by the Secretary (Personnel)

—Member

(IV) Legal Adviser, Central Bureau of Invcsti-

i gation —Member

Promotion Assistant Public Prosecutor with five years' regular service in the grade Note Where juniors who have completed their qualifying or eli- gibility service are being consi- dered for promotion, their seniors would also be considered provided they arc not short of the requisite qualifying or eligibility service by more than half of such qualifying or eligibility service or two years, whichever is less, and have suc- cessfully completed their probatior penod for promotion to next higher grade alongwith their juniors who have already completed such qualifying or eligibility service

Group 'A' Department Promotion Committee

(for considering confirmation)

(I) Director, Central Bureau of Investigation

—Chairman

(H) Additional Secretary (Vigilance)/Joint Secretary (Vigilance), Department of Personnel and Training or any other Joint Secretary in the Department of Personnel and Training nominated by the Secretary (Personnel) —Member (m) Joint Director, Central Bureau of Investi- gation —Member (iv) Legal Adviser, Central Bureau of Investigation

—Member

Deputation or Absorption Officers under the Central or State Govcrnments- (j) (1) holding analogous posts on regular basis, or (u) with five years' regular service in posts in the scale of Rs 6500- 10 500/- or equivalent, and (b) Possessing the educational qualifications and experience pre- scribed for direct recruits under column 8

(The departmental officers in the feeder category who are in the direct line of promotion shall not be eligible for consideration for appointment on deputation)

Similarly, deputationists shall not be eligible for consideration for appointment by promotion

(Period of deputation including period of deputation in another ex- cadrc post held immediately preceding this appointment in the same or some other organisation or department of the Central Go\ crnment shall ordinarily not exceed three vears The maximum ;ige limit for appointment by deputation shall be not exceeding S6 \cars as on the closing date of receipt of applications)

Note : The suitability of the regular holders of the post of Public23 14 12 13 Prosecutor in the prc-rcvised scale of Rs. 2375—3500 prior to upgradation of this post in the scale of Rs. 8000-13500 (revised) and having three years' regular service in the grade shall be initially assessed by the Commission for appointment to the upgraded post. If assessed suitable for appointment the incumbents shall be deemed to have been appointed to the post at the initial constitution. If assessed not suitable for appointment to the upgraded scale of pay. the imcumbents shall continue to be in the revised scale of pay of Rs. 7450—11500 and their cases shall be reviwed every \ct\r.

Rs. 6500-200- 10500

Not applicable

5. Assistant Public Prosecutor.

•41 (2000) •Subject to variation depedent on workload.

General Central Service. Group 'B' Non- Gazetted Non- Ministerial

Not exceeding 30 years, (rclaxab)e for Govern- ment servants upto five years in accordance with the instructions or orders issued by the Central Government), Note: The crucial date for determining the age-limit shall be the closing date for receipt of applications from candidates in India, (and not the closing date prescribed for those in Assam, Meghalaya. Arunachal Pradesh, Mizoram. Manipur, Nagaland, Tripura. Sikkim, Ladakh Division of Jammu and Kashmir State, Lahaul and Spiti district and Pangi sub-division of Chamba district of Himachal Pradesh. Andaman and Nicobar Islands or Lakshadweep).

Essential:

Two-years

Not applicable

(i) Degree in Law of a recognised

Direct Recruitment Note : Vacancies cause by the in- cumbent being away on deputa- tion or due to long illness or study leave or under other circumstances for a duration of one year or more may be filled by the appointing University or equivalent. (ii) three years' practice at or the Bar in conducting criminal cases Note 1 • Qualifications are relax- able at the discretion of the24 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)l 8 9 10 11 Union Public Service Conuni- ssion in case of candidates other- wise well qualified.

Note 2: The qualification re- garding experience is relaxablc at the discretion of the Union Public Service Commission in the case of candidates belonging to the Scheduled Castes or the Scheduled Tribes, if at any stage of selection the Union Public Service Commission is of the opinion that sufficient number of candidates from these comm- unities possessing the requisite experience are not likely to be available to fill up the posts re- served for them.

authority on deputation basis from officers of Central Government— (a) (i) holding analogous posts on regular basis; or (ii) with three years' regular service in posts in the scale of Rs. 5500- 9000 or equivalent: and (b) possessing the educational qualifications and experience prc- scribed for direct recruits under cQlumn 8. (Themaxinnimageurnitforappoint- ment by deputation shall be not exceeding 56 years as on the closing date of receipt of appli- cations),

14 ^ _ __ Not applicable Group 'B' Departmental Promotion Committee Consultation with Union Public (for considering confirmation): Service Commission necessary 1. Additional Secretary (Vigilance)/Joint Secretary (Vigilance), Department of Personnel and Training or any other Joint Secretary in the Department of Personnel and Training nominated by the Secretary (Personnel). —Chairman

2. Joint Director, Central Bureau of Investigation and Special Inspector General of Police, Special Police Establishment (Incharge of Administration)

—Member

3. Legal Adviser, Central Bureau of Investigation

—Member

[FileNo.213/9/01-AVD,IT]

D. C. GUPTA, Special Secy.

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