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

Name of

the post

1 Additional

Legal

Ad\ iser

Number

of post

•6

*(2000)

Subject to

va nation

depedent on

workload

Classifi-

cation

General

Central

Service,

Group 'A'

t Gazetted

Non-Minis

trial

Scafrof pay

Rs 14,300-400-

18300

Whether

selection by

mentor

selection-cum

seniority or

non-selection

post

Selection

Age limit for

direct recruits

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]

Whether benefit of

added years of ser-

vice admissible

under rule 30 of the

Central Cml

Services (Pension)

Rules, 1972

Yes

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(i)]

Educational and other qualifica-

tions required for direct recruits

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

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

number of candidates from these

communities possessing the

requisite experience are not likely

to be available to fill up the posts

reserved for them.

Whether age and educational

qualifications prescribed for

direct recruits will apply in

the case of promotees

Age: No

Educational Qualification: Yes

Period of

probation, if

any

One year for

direct recruits.

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

Promotion foiling which by

deputation; failing both by

direct recruitment

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

If a Departmental Promotion Committee

exists what is its composition

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

Circumstances in which

Union Public Service Com-

mission is to be consulted

in making recruitment

Consultation with Union Public

Service Commission necessary

while making direct recruitment

and appointing an officer on

deputation.

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.

Deputation:

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. 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 initially

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

Group 'A' Department Promotion Committee

(for considering confirmation):

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

2. Additional Director or Special Director Central

Bureau of Investigation

—Member

3. Legal Adviser, Central Bureau of Investiga-

tion

—Member

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(i)]

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.

2 Deputy

Legal

Ad\ iscr

•20

(2000)

•Subject to

vanation

dependent on

workload

General

Central

Service,

Group 'A'

Gazetted

Non-Minis-

terial.

Rs. 12,000-375-

16500

Selection

by merit

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).

Yes

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 qualified

One year for

direct recruits

Promotion failing which by

deputation failing both by

direct recruitment

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.

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.

Deputation:

Office under the Central or State

Government-

al) (i) holding analogous posts

on regular basis; or

(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).

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

Group 'A' Department Promotion Committee

(for considering confirmation):

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

Consultation with Union Public

Commission necessary while

making direct recruitment

and appointing an officer on

deputation.

2,H«jr/-^ •—-3

18^

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART H—tee. 3(i)J

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

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.

3. Senior

Public

Prosecutor.

*67

(2000)

•Subject to

variation

dependent

on workload.

General

Central

Service,

Group A'

Gazetted

Non-Minis-

terial,

RS. 10,000-325-

15200.

Sclection-cum

-Seniority.

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.

Yes

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).

EMential ;

(i) degree in Law of a recognised

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.

One year for

direct recruits.

1. 50 percent by promotion

failing which by deputation.

2.25 percent by direct recruit-

ment.

3. 25 percent by deputation

or absorption

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

Group 'A' Departmental Promotion Committee

(for considering promotion and confirmation):

(i) Director, Central Bureau of Investigation.

—Chairman

(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.

—Member

Consultation with the Union

Public Service Commission

necessary while making

direct recruitment and ap-

pointing an officer on

deputation or absorption.

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC, 3(i)]

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.

4 Public

Prosecutor

•96

(20(X))

•Subject to

variation

dependent

on workload

General

Central

Service,

Group 'A'

Gazetted

. Non-Mini&

tenal

Rs. 8000-275-

13500

Selection-

cum-

senionty

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).

Yes

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.

One year

for direct

recruits

and

promotees

1.20 percent by promotion failing

which by deputation.

2. 55percentbydirectrecruinnent.

3. 2 5 percent by deputation

or absorption

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART H—SEC, 3(i)]

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

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 Public

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-

gation

—Member

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

Consultation with Union Public

Service Commission necessary

on each occasion

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.

5. Assistant

Public

Prosecutor.

•41

(2000)

•Subject to

variation

depedent on

workload.

General

Central

Service.

Group 'B'

Non-

Gazetted

Non-

Ministerial

Rs. 6500-200-

10500

Not

applicable

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:

(i) Degree in Law of a recognised

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 the

Not applicable

Two-years

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

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(i)l

Union Public Service Conuni-

authority on deputation basis from

ssion in case of candidates other-

officers of Central Government—

wise well qualified.

(a) (i) holding analogous posts on

Note 2: The qualification re-

regular basis; or

garding experience is relaxablc at

(ii) with three years' regular service

the discretion of the Union

in posts in the scale of Rs. 5500-

Public Service Commission in the

9000 or equivalent: and

case of candidates belonging to

(b) possessing the educational

the Scheduled Castes or the

qualifications and experience prc-

Scheduled Tribes, if at any stage

scribed for direct recruits under

of selection the Union Public

cQlumn 8.

Service Commission is of the

(Themaxinnimageurnitforappoint-

opinion that sufficient number

ment by deputation shall be not

of candidates from these comm-

exceeding 56 years as on the

unities possessing the requisite

closing date of receipt of appli-

experience are not likely to be

cations),

available to fill up the posts re-

served for them.

^ _ _ _

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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