This Gazette may contains Multiple Subjects

REGD. NO. D.L.-33001/99

The Gazette of India

PUBLISHED BY AUTHORITY

No.6] NEW DELHI, SATURDAY, FEBRUARY 9, 2002/MAGHA20,1923

Separate Paging is given to this Part in order that it may be filed as a separate compilation

PART II—Section 3—Sub-section (i)

General Statutory Rules (Including Orders, Bye-laws etc. of a general character) issued by the Ministries of the

Government of India (other than the Ministry of Defence) and by the Central Authorities (other than the

Administration of Union Territories)

(213)

266 GI/2002214 THE GAZETTE OF INDIA:FEBRUARY9,2002/MAGHA20,1923 (PART I ^ - S E C. 3(i)] 215

MINISTRY OF PARLIAMENTARY AFFAIRS

New Delhi, the 1st February, 2002

G. S. R 36.—In exercise of the powers conferred by the proviso to article 309 of the Constitution and in supersession of the Ministry of Parliamentary Affairs (Recruitment and Conditions of Service) Rules, 1963, in <;o far as it relates to the post of Deputy Secretary except as respects things done or omitted to be done before such supersession, the President hereby makes the following rules regulating the method of recruitment to the post of Deputy Secretary in tliw Ministry of Parliamentary Affairs, namely :—

1. Short title and commencement—(1) These rules may be called the Ministry of Parliamentary Affairs, Deputy Secretary Recruitment Rules, 2002.

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

2. Number of posts, classification and scales of pay.—The number of the said posts, its classification and the scales ofpay attached thereto shall be as specified in columns 2 to 4 of the Schedule, annexed hereto.

3. Method of recruitment, age limit and qualifications etc:—The method of recruitment, age limit, qualifications and other matters relating to the said posts shall be as specified in columns 5 to 14 of the said Schedule.

4. Disqualifications.—No person,—

(a) who has entered into or contracted a marriage with a person having a spouse living; or216 THE GAZETTE OF INDIA;FEBRUARY9,2002/MAGHA20,1923 [PART II—SEC. 3(i)] (b) who, having a spouse living has entered into or contracted a marriage with any 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 there are other grounds for so doing, exempt any person from the operation of this rule.

5. Power to relax:—Where the Central 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 Union Public Service Commission, relax any of the provisions of these rules with respect to any class or category of persons.

6. Saving :—Nothing in these rules shall affect reservations, relaxation of age limit and other concessions re- quired to be provided for 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 Central Government from time to time in this regard.

SCHEDULE

Classification

Scale of pay

Name of the post

Age limit for direct recruits

Number of posts

Whether selection by Merit or selection- cum-seniority or non-selection post

Not applicable

Rs. 12000-375- 16500/-

Selection by merit

Deputy Secretary

General Central Service, Group 'A' Gazetted Non- Ministerial

03* (2002) •Subject to variation dependent on workload.

Educational and other ; qualifications required

Period of probation, if any

for direct recruits

Whether age and edu- cational qualifications prescribed for direct recruits will apply in the case of promotees

Whether benefit of added years of service admissible under rule 30 of the Central Civil Services (Pension) rules, 1972

Nfl

Not applicable

by In case of recruitment by promotion or deputation or absorption, grades an from which promotion or deputation or absorption to be made

Method of recruitment, whether direct recruitment or by promoti* or by deputation or absorption and percentage of the posts to 1 filled by various methods

Promotion failing which

Promotion:

by deputation.

Under Secratery with five years' regular service in the grade. Note: Where juniors who have completed their qualifying/eligibility service are being considered for promotion, 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, if prescribed.

217

Deputation; Officers under the Central or State Governments or Union Territories :—

(a)(i) holding analogous posts on regular basis in the parent cadre/Department; or

(a) with five years' service in the grade rendered after appointment thereto on a regular basis in the scale of pay of Rs. 10000-15200/- or equivalent in the parent cadre or Department; and

(b) possessing ten years' administrative experience including three years' in parliamentary or legislative functions.

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 of other organisation or department of the Central Government shall ordinarily not to exceed three years. The maximum age limit for appointment by deputation shall be not exceeding 56 years as on the closing date of receipt of applications).

If a Departmental Promotion Committee exists what is its composition

Circumstances in which Union Public Service Commission is to be consulted in making recruitment 13

1. Chairman/Member, Union Public Service

Commission—Chairman

Consultation with Union Public Service Commission necessary while appointing officers from state Governments or Union Territories on deputation basis 2. Secretary, Ministry of Parliamentary Affairs—Member 3 Joint Secretary, Ministry of Parliamentary Affairs—Member

|F.No.F.4(l)/2001-Admn.|

P. S. MALHOTRA, Under Secy.

Note.—Principal rules of the Ministry were published in the Gazette of India, vide notification No. G.S.R. 1850 dated 29th November, 1%3 and subsequently amended from lime to time and last such amendment was made vide Notification No. GSR 347 dated 24th May, 1990.

218 THE GAZETTE OF INDIA .FEBRUARY 9,2002MAGHA 20,1923 [PART H—SEC. 3(i)] 219

New Delhi, the 1st February, 2002

G. S. R 37.—In exercise of the powers conferred by the proviso to article 309 of the Constitution and in supersession of the Ministry of Parliamentary Affairs (Recruitment and Conditions of Service) Rules, 1963, in so far as it relates to the post of Under Secretary except as respects things done or omitted to be done before such supersession, the President hereby makes the following rules regulating the method of recruitment to the post of Under Secretary in the Ministry of Parliamentary Affairs, namely :—

1 Short title and commencement—(1) These rules may be called the Ministry of Parliamentary Affairs, Under Secretary¹ Recruitment Rules, 2002.

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

2. Number of posts, classification and scale of pay—The number of the said posts, its classification and the scale of pay attached thereto shall be as specified in columns 2 to 4 of the Schedule, annexed hereto.

3 Method of recruitment, age limit, and qualifications etc. —The method of recruitment age limit, qualifications and other matters relating to the said posts shall be as specified in columns 5 to 14 of the said Schedule.

4. 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 person.

220 THE GAZETTE OF INDIA: FEBRUARY9,2002/MAGHA20,1923 PART II—SEC. 3(i)]

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 there arc other grounds for so doing, exempt any person from the operation of this rule.

5. Power to relax:—Where the Central 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 Union Public Service commission, relax any of the provisions of these rules with respect to any class or category of persons,

6. Saving:—Nothing in these rules shall affect reservations, relaxation of age limit and other concessions re- quired to be provided for 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 Central Government from time to time in this regard.

SCHEDULE

Classification

Scale of pay

Name of the post

Number of posts

Age limit for direct recruits

Whether selection by merit or selection- cum-seniority or non-selection post

Not applicable Under Secretary

Rs. 10000-325-

15200

Selection -cum- seniority

General Central Service, Group 'A' Gazetted Non- Ministerial,

06* (2002) •Subject to variation dependent on workload.

Period of probation, if any

Educational and other qualifications required for direct recruits

Whether age and edu- cational qualifications prescribed for direct recruits will apply in the case of promotees

Whether benefit of added years of service admissible under rule 30 of the Central Civil Services (Pension) rules 1972

Not applicable

Two years for promotees Not applicable

Not applicable

by In case of recruitment by promotion or deputation or absorption, grades an from which promotion or deputation or absorption to be made

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

Promotion:

Promotion failing which

by deputation.

Section Officer with eight years' regular service in the grade. Note: Where juniors who have completed their qualifying/eligibility service are being considered for promotion, their seniors shall also be considered provided they are not short of the requisite qualifying or eligibility service by more than half of such qualiyfing or eligibility service or two years, whichever is less, and have successfully completed their probation period, if prescribed.

221 12

Deputation: Officers under the Central or State Governments or Union Territories:—

(a) (i) holding analogous posts on regular basis in the parent cadre/Department; or

(n) with eight years' service in the grade rendered after appointment thereto on a regular basis in the scale of pay of Rs. 6500-10500/- or equivalent in the parent cadre or Department; and

(b) possessing five years' administrative experience including one year in Parliamentary

or legislative functionl.

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 to exceed three years, The maximum age limit for appointment by deputation shall be not exceeding 56 years as on the closing date of receipt of applications).

Circumstances in which Union Public Service Commission is to be consulted in making recruitment If a Departmental Promotion Committee exists what is its composition

1. Chairman/Member, Union Public Service Commission

Consultation with Union Public Service Commission necessary.

—Chairman

2, Joint Secretary, Ministry of Parliamentary Affairs—Member 3. Deputy Secretary, Ministry of Parliamentary Affairs—Member

[F.No.F.4(l)/2001-Admn.l

PS. MALHOTRA, Under Secy, Note—Principal rules of the Ministry were published in the Gazette of India, vide notification No. G. S.R. 1850 dated 29th November, 1963 and subsequently amendedfrom time to time and last such amendment was made vide Notification No. GSR 260 dated 3rd June, 1996

-\ U' ^ LJT A f' ^ ^ _ -7222 THE GAZETTE OF INDIA:FEBRUARY9,2002/MAGHA20,1923 [PART II—SEC. 3(1)1 223 224 THE GAZETTE OF INDIA: FEBRUARY 9,2002/MAGHA 20,1923 [PART II—SEC. 3(i)] 225 226 THE GAZETTE OF INDIA: FEBRUARY 9,2002/MAGHA 20,1923 PART II—SEC. 3(I)J 227 228 THE GAZETTE OF INDIA: FEBRUARY 9,2002/MAGHA 20,1923 [PART H ^ S E C. 3(i)] 229 230 THE GAZETTE OF INDIA: FEBRUARY 9,2002/MAGHA 20,1923 |PARr II—SKC. 3(0] 2.M?-32 THE GAZETTE OF INDIA: FEBRUARY9,2002/MAGHA20,1923 |PART II—SEC. 3(I)] 233

MINISTRY OF I AW, JUSTICE AND COMPANY AFFAIRS

(Department of Legal Affairs)

(Law Commission of India)

New Delhi, the 18th December, 2001

G.S.R. JS.—Fn exorcise oflhe powers conferred by the proviso to article 309 oflhe Constitution of India and in supersession of the La\\ Commission (Group v A' and Group "B' Posts) Recruitment Rules, ll>87, as amended from time to time, the President hereby makes the following rules regulating the method of recruitment of the Group 'A' and Group 'ET posts in the Law Commission under the, Department ofLegal Affairs, Ministry of Law, Justice and Company A Hairs, namely :-

1. Short title and commencement—(1) These rules may be called the Law Commission (Group 'A' and Group 'ET posts) Recruitment Rules, 2002.

(2). They shall come into force on the dnte of their publication in the Official Ga/ette.

2. Number of posts, classification and scale of pay .—The number of the said post, their classification and scale of pay attached thereto shall be as specified in columns 2 to 4 of the Schedule annexed to these rules.

3. Method of Recruitment, age limit, qualifications etc—The method of recruitment, age limit, qualifications and other matters relating thereto shall be as specified in columns 5 to 14 of the said Schedule.

4. Disqualification.—No person,—

(a) who lias 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 marrhge with any person, shall be eligible for appointment to any of 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 there arc other grounds for so doing, exempt any person from the operation of this rule.

5. Power to relax.—Where the Central Government is of 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 Union Public Service Commission, relax any of I he provisions of these rales with respect to any class or category of persons.

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

234 THE GAZETTE OF INDIA:FEBRUARY9,2002/MAGHA20,1923 [PART II—SEC.3(I)]

SCHEDULE

Classification

Name of post

Number of posts

Scale of Pay

Whether selection by merit or selec- tion-cum seniority ornon selection post (2)

(4)

(5)

Not appli- cable

Rs. 7450- 225- 11500/-

1. Super- intendent (Legal)

General Central Services, Group ' B\ Gazetted Non-Gazetted Ministerial

02* (2001) * Subject to variation dependent on work- load.

Age limit for direct recruits

Educational & other qualification required for direct recruits

Whether benefit of added years of service admissible

* (6)

(8)

(7)

Yes

Essential. Master's degree in law of a recognised university or equiva- lent and possessing two years teaching and/or research ex- perience in law;

Not exceeding 35 years Note 1: (Relaxabie for government ser- vants upto 5 years in accordance with the instructions or orders issued by the Central Government.

Bachelor's degree in law of a recognised university or equivalent and pos- sessing four years teaching and/or re search experience in law;

OR Should have been a member of state judicial service for four years;

Note 2 : The crucial date for determining the age-limit shall be the closing date for receipt of applicatior from candidates in India (and not the closing date prescri- bed for those in Assam, Meghalaya, Arunachal Pradesh, Muoram, Manipur, Nagaland, Tripura, Sikkim, Ladakh Division of Jammu & Kashmir State, Lahaul & Spiti Dis- trict and Pangi Sub- Division of Chamba District of Himachal Pradesh, Andaman 6 Nicobar Islands or Lakshdweep).

OR Should be a qualified legal practitioner i.e. Advocate (wilhin the meaning of Advocates Act, 1961") who has practised as such for four years; Note 1: In computing the period during which a person has held an office in the State Judicial service, there shall be included any period during which he has held any other legal post or any period during which he has been a legal practitioner,2,15 Note 2 : In computing the period during which a person has been a qualified legal practitioner, there shall be included any period during which he has held any office in the state judicial service or has held a legal post in the de- partment of state or Central Government/ Union Territory/ Recognised Research Institutions or Univer- sities.

Note 3: Qualifications are rclaxable at (he discretion of the Union Public Service Com- mission in case of can- didates otherwise well qualified.

Note 4 : The qualifica- tion (s) regarding expe- rience is/are relaxable at the discretion of the Union Public Service Commission in tlie case of candidates belong- ing to Scheduled Castes or Scheduled Tribes. If at any stage of selection the Union Public Service Commis- sion is of the opinion mat sufficient number of candidates from these communities pos- sessing the requisite experience are not likely to be available to fill up the posts reserved for them

Desirable

One year's experience in legal research.

236 THE GAZETTE OF INDIA: FEBRUARY 9,2002/MAGHA 20,1923 [PART IT—SEC. 3(i)l

Period of probation, if any

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

Not Applicable

2 years Method of recruitment whether by direct recnnl- ment or by promotion or by deputaiion/ absorption and percentage of the posts to be filled by various methods

Direct Recruitment Note : Vacancies caused by the incumbcni being away on deputation or long illness or study leav e or under other circumstances for a duration of one year or more may be filled on deputation basis from officers of Central Government:— (a) (i) holding analogous posts on regular basis;or (li) with five years' regular service in posts in the scale of Rs 5500-9000 or equivalent; and (b) possessing the educational qualifications and experience prescribed for direct recruits under column 8.

If a Departmental Promotion Committee

exists what is its composition

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

Not applicable

Group 'B' Departmental Promotion Committee (for considering confirmation) 1. Member Secretary/Joint Secretary and Law

Officer, Law Commissiion —Chairman 2. Additional Law Officer, Law Commission/Additional

(5)

(4)

(3)

(2)

• 05*

Seleclion- cuni- seniority

Rs. 10000- 325- 152W-

2.Assist- ant Law Officer

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

(2001) * Subject to variation dependent on work- load.

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

Consultation with Union Public Service Commission necessary while making direct recruitment

Legal Adviser, Department of Legal Affairs- -Member I 3. Deputy Law Officer, Law Commission/Dcpuly Lega! Adviser/Deputy Secretary', Department of Legal Affairs—Member

(8)

(6)

Yes

Essential: Master's degree in law of a iccogmsed university or equiva- lent and possessing five years leaching and/or research ex- perience in law.

Not exceeding 40 years Note t: (Relaxable for government ser- vants upto 5 years in accordance with the instructions or orders issued by the Central Government

CP Bachelor's degree in lav, of a recognised university or equivalent and pos- sessing seven years teaching and/or re- search experience in law,

Note 2: The crucial date for determining the age-limit shall be the closing dnU for receipt ofapplication from candidates 237 (6)

(8)

closing date prescri- bed for those in Assam, Meghalaya, Arunachal Pradesh, Mizaram, Manipur, NagaJand, Tripura, Sikkixn, Ladakh, Division of Jammu & Kashmir State, Lahaul & Spiti Dis- trict and Pangi Sub- Division of Chamba District of Himachal Pradesh, Andaman & Nicobar Islands or Lakshdweep).

OR Should have been a member of state judicial service for seven years; OR Should be a qualified legal practitioner i.e. Advocate (within the meaning of Advocates Act, 1961) who has practised as such for seven years; Note 1 : In computing the period during which a person has held an office in the State Judicial service, there shall be included any period during which he has held any other legal post or any period during which he has been a legal practitioner. Note 2 : In computing the period during which a person has been a qualified legal practitioner, there shall be included any period during which he has held any office in the State Judicial service or has held a . legal post in the De- partment of State or Central Government/ Union Territory/ Recognised Research institutions or Univer- sities, Note 3: Qualifications are relaxable at the discretion of the Union Public Service Com- mission in case of can- didates otherwise well ciualificd. Note 4: The Qualifica- tions (s) Regarding ex- perience is/are relaxable at the discretion of the Union Public Service238 THE GAZETTE OF INDIA: FEBRUARY9,2002/MAGHA20,1923 [PART II—SEC. 3(i)] (8)

Commission in the case of candidates be- longing to Scheduled Castes or Scheduled Tribes. If at any stage of selection the Union Public Service Com- mission is of the opin- ion that sufficient number of candidates from these communi- ties possessing the requisite experience are not likely to be available to fill up the posts reserved for them. Desirable: Four Year's experience in legal research.

One year for promotees and direct recruits and two years for ic employed ex-serviceman.

20% Promotion failing which by Deputation in- cluding short-term contract. 40% Deputation (including short-term contract)/ absorption failing which by direct recruitment (for armed forces personnel deputation/re- emploment (for ex-servicemen) 40% Direct recruitment.

Promotion:

Consultation with Union Group 'A' Departmental Promotion Committee (for

Public Service Commission Superintendent (Legal) with seven considering promotion):—

necessary on each occasion.

1. Chairman/Member. Union Public Service

years' regular service in the grade Note: Where juniors w he have

Commission —Chairman

completed their qualify

2. Member Secretary. Law Commission —Member

lity service are being considered 3. Joint Secretary And Law Officer/ Additional Law

for promotion, theii seniors

Adviser, Law Commission —Member

Group 'A' Departmental Promotion Committee (for considering confirmation) :— 1. Member Secretary, Law Commission —Chairman 2. Joint Secretary And Law Officer. Law Commission/ Joint Secretary, Department Of Legal Affairs —Memtx 2r 3. Additional Law Officer. Law Commission/Additiona 1 r Legal Adviser, Department Of Legal Affairs—Membe

would also be considered provi- ded they are no! short of ihc requisite qualifying/cHdbility service by more than hah'of such qualifymg/eligibibty service or two years. \vhichc\ -jr is less, and have successfully completed their probation period for promo- tion to the next higher grade along with their tuniors who have already cusnnkicd such qualifying/eliiA-lm scrvice.

239

Deputation (including short- term contract)/ absorption.

Officers under the Central/State Government/Union Territories/ Recognised Research Institutes/ Universities/Public Sector Under- takings/ Semi-Government/Auto- nomous or Statutory Organisations:-—

(a) (i) holding analogous posts on

regular basis; or

(ii) With five years' regular service in posts in the scale of Rs. 8000-13500 or equivalent; or

(iii) With eight year;;' regular service in posts in the scale of Rs. 6500-10500 or equivalent; and

(b)possessing the educational qualifications and experience prescribed for direct recruits under column 8.

for Armed Forces Personnel Dcputation/re-employment (for cx-serviccman) The armed forces personnel of the rank of captain or equivalent who are due to retire or to be transferred to reserve w ilhin a period of the year and possessing the educational qualifications and experience prescribed for dcputationist shall also be considered if selected such officers will be given deputation terms upto the date on which they arc due for release from the armed forces, thereafter, they may be continued on re-employment terms in case such eligible officers have retired or have been transferred to reserve before the actual selection to the post is made their appointment will be on re- employment basis, (rc- cmployment upto the age of superannuation with reference to civil posts.) (The departmental officers in the feeder category who arc in the direct line of promotion shall not be eligible for^0 THE GAZETTE OF INDIA:FEBRUARY9,2002/MAGHA20.1923 |PARI II—She Mi)\ 12

consideration for appointment on deputation similarly, depntationists shall not be eligible for consideration for appointment by promotion period of deputation/contract including period of de- putation/contract in another ex-cadre post held immediately proceeding Ihis appointment in the same or some other organisation/department of the Central Government shall ordinarily not exceed three years the maximum age limit for appointment by deputation (in- cluding short-term contract)/ absorption shall be not exceeding 56 years as on the closing date of receipt of application). Note : Only officers belong- ing to Central/State/Union Territories are eligible for absorption.

(8)

(4)

(6)

(1)

(3)

(5)

(2)

(7)

Not exceeding Yes

Selection by merit

Rs. 12000- 375- 16500/-

3. Deputy Law Officer

General Central Services, Group'A', Gazetted; Non- Ministerial

03+ (2001) • Subject to variation dependent on work- load.

Essential Master's degree in law of a recognised university or equiva- lent and possessing ten years teaching and/or rcseaich ex- perience in law; OR Bachelor's degree in law of a recognised university or equivalent and pos- sessing tweleve years teaching and/or re- search experience in law, OR Should have been a member of slate judicial service for twelve years;

50 years Note 1: (Relaxable for government ser- vants upto 5 years in accordance with the instructions or orders issued by the Central Government. Note 2 : The crucial date for determining the age-limit shall be the closing date for receipt of application from candidates in India (and not the closing date prescri- bed for those in Assam, Meghalaya, Arunachal Pradesh, Mizoram, Manipur, Nagaland, Tripura, Sikkim, Ladakh, Division of Jammu & Kashmir Stale Lahaul & Spili Dis- trict And Pangi Sub

OR Should be a qualified legal practitioner i.e. Advocate (within the meaning of Advocates 24]

(6)

(8)

Division of Chamba District of Himachal Pradesh, Andaman Nicobar Islands or Lakshdwccp).

Act, 1961) who has practised as such for twelve years. Note 1 : In computing the period during which a person has held an office in the State Judicial service, there shall be included any period during which he has held any other legal post or any period during which he has been a legal practitioner Note 2 : In computing the period during which a person has been a qualified legal practitioner, there shall be included any period during which he has held any office in the state judicial service or has held a legal post in the de- partment of state or Central Government/ Union Territory/ Recognised Research institutions or Univer- sities. Note 3: Qualifications are relaxable at the discretion of the Union Public Service Com- mission in case of can- didates otherwise well qualified. Note 4: The Quali- fication^) regarding experience is/are relaxable at the discre- tion of the Union Pub- lic Service Commis- sion in the case of can- didates belonging to Scheduled Castes or Scheduled Tribes. If at any stage of selection the Union Public Ser- vice Commission is of the opinion that suffi- cient number of can- didates from these242 TEE GAZETTE OF INDIA:FEBRUARY9,2002/MAGHA20,1923 [PART II--Snc.3(i)| (")

communities possess- ing I he requisite expe- rience are not likely lo be available to fill up the posts reserved for Ihcm. Desirable: Seven years' ex- perience in legal research.

Not applicable

^ 3 3% Promotion 66 67% Deputation (including short-term contract/ absorption failing which bv direct recruitment (for Armed Forces Personnel dcpulation)/re- emplo\mcnl (for ex-servicemen),

One vcar for direct recruits and two years for Armed Forces Personnel re-employed

Consultation with Union Public Service Commission necessary except for promotion.

Group 'A' Departmental Promotion Committee (For considering confirmation): 1. Chairman/Member, Union Public Service

Commission

- —Chai rmnn

Promotion: Assistant Law Officer with five years' regular service in the grade

2. Member Secretary. Law Commission —Member 3. Additional Secretary/Joint Secretary and Legal

Adviser for the time being In-chargc of General Administration, if any, in the Department of Legal Affairs —Member 4 Joint Secretary and Law Officer/Joint Secretary and Legal Adviser. Department of Legal Affairs —Member

Group "A Departmental Promotion Committee (For considering confirmation). 1. Member Secretary, Law Commission - Cliainnan 2. Additional Secretary/Joint Secretary and Legal Adviser for the time being In-chargc of General Administration, if any. in the Department ofLegal Affairs —Member 3 Joint Secretary and Law Officer, Law Commission/

Joint Secretary. Department of Legal Affairs

—Member

Note : Where juniors who have completed their qualifying/eligi- bility service arc being considered for promotion, their seniors would also be considered provided they are not short of the requisite quali- fying/eligibility service by more than half of such qualify ing/eligi- bility sen ice or two years, which- ever is less, and have success- • fully completed their probation period for promotion lo the next higher grade along with their luniors who have already com- pleted such qualifying/eligibility service Deputation (including shor-tcrm contract )/absorption Officers under the Central/Slate Govern- ment/ Union Territories/Recogni- sed Research InslitutcsAJnivcr- sitics/Public Sector Undertakings/ Semi-Govern ment/ Autonomous or Statutory Organisations:

(a) (i) holding analogous posts on

regular basis: or243 12 (ii) With five years' regular service in posts in the scale of Rs. 10000-15200 or equivalent; or

(b)possessing (he educational qualifications and experience prescribed lor direct recruits under column 8.

For Armed Forces Personnel Dcpiitalion/rc-employmenl (for ex-serviceman) The armed forces personnel of the rank of major or equivalent who are due to retire or to be transferred to reserve within a period of one year and possessing the educational qualifications and experience prescribed for deputationists shall also be considered if selected such officers will be given deputation terms upto the date on which they are due for release from the armed forces, thereafter, they may be continued on rc-cmployment terms in case such eligible officers have retired or have been transferred to reserve before the actual selection to the post is made their appointment will be on re- cmploymcnt basis. (Re- employmeni upto the age of superannuation with reference to civil posts.) (The departmental officers in the feeder category who arc in the direct line of promotion shall not be eligible for consideration for appointment on deputation similarly, depulaiiomsls shall not be eligible for consideration for appointment by promotion period of deputation/contract including period of de- putation/contract in another c\"-cadre post held immediately preceding this appointment in the same or some other organisation/department of the Cent/al Government shall ordinarily not exceed four years the maximum age limit for appointment by deputation (in-2-W THE GAZETTE OF INDIA: FEBRUARY9.2(X)2/MAGHA20,192} |R J>T II—-SEC. 3d)) 12

chiding short-term contract)/ absorption shall be not exceeding 56 years as on the closing date of receipt of application). Note : Only officers from Ccntral/State/U nion Territories arc eligible for absorption.

(2)

(4)

(1)

(6)

(3)

(5)

(7)

18)

Not applicable

4, Additio- nal Law Officer

Rs. 14300- 400- 18300/-

General Central Services. Group'A'. Gazetted; Non- Ministerial

02* (2001) * Subject to variation dependent on work- load.

Not applicable

Promotion/deputation including short-term contract

Not applicable

Consultation with Union Public Service Commission necessary.

Promotion/deputation (including short term contract): 1 Officers under the Central/State Government/Union Territories/ Recognised Research Institutes/ Public Sector Undcrtakings/Seim Government/Autonomous or Statutory Organisations:

(a) (i) holding analogous posts on regular basis: or

(ii) With five \ cars" regular sen ice in posts in the scale of Rs. 12000-- ] 6500 or cqim alent: or

(b) possessing the following educational qualifications and experience Master's degree in law of a recognised unr\ ersitv or cqim alent and possessing twelve years' leaching and/or research experience in law245 12 or

Bachelor's degree in law of a recognised university or equivalent and possessing fourteen years' teaching and/or research experience in law.

Should have been a member of state judicial service for fourteen years.

Should be a qualified legal practitioner i.e. Advocate (within the meaning of Advocates Act, 1961) who has practised as such

, for fourteen years.

Note 1: In computing the period during which a person has held an office in the State Judicial Service, there shall be included any period during which he has held any other legal post or any period during which he has been a legal practitioners.

•

Note 2 : In computing the period during which a person has been a qualified legal practitioner, there shall be included any period during which he has held any office in the State Judicial Service or has held a legal post in the department of State or Central Government/Union Territory/ Recognised Research Institutions or universities.

2. the departmental Deputy Law Officer with five years' regular service in the gade shall also be considered along with outsiders. In case he is selected for appointment to the post, the same shall be deemed to have been filled by promotion.

(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/contract including246 tiff. GAZETTE OF INDIA: FEBRUARY9,2002/MAGHA20,1923 [PART II—SEC. 3(i)] 12 B 14 period of dcputation/contrau m another ex-cadrc post held immediately prececding this,, appointment in the same or some other organisation/department of the Central Government shall ordinarily not exceed four years the maximum age limit for appointment by deputation (in- cluding short-term contract) shall not be exceeding 56 years as on the closing date of receipt of application).

(4)

(6)

(1)

(3)

(5)

(2)

(7)

(8)

Not applicable

5. Joint Secretary/ Law Officer

Rs. 18400- 500- 22400/-

01* (2002) * Subject to variation dependent on work- load.

General Central Services, Group 'A', Gazetted; Non- Ministerial

Not Applicable

Not applicable

Promotion/deputation including short-term contract

Not applicable

Consultation with Union with Union Public Service Commission necessary Promotion/deputation (including short term contract) 1. Officers under the Central/State Government/Union Territories/ Recognised Research Institutes/ Universities/Public Sector Undertakings/Semi Government/Autonomous or Statutory Organisations: (a) (i) holding analogous posts on regular basis; or (ii) With three years' regular service in posts in the scale of Rs. 14300-18300 or equivalent; or (iii) With eight years' regular service in posts in the scale of Rs. 12000- -16500 or equivalent; and (b) possessing the followig educational qualifications and experience: Master's degree in law of a recognised university or equivalent and possessing seventeen years teaching and/or research experience in law.

247

Bachelor's degree in law of a recognised university or equivalent and possessing fourteen years' teaching and/or research experience in law.

Should have been a member of State Judicial Service for seventeen years,

Should be a qualified legal practitioner i.e. Advocate (within the meaning of Advocates Act, 1961) who has practised as such for seventeen years. Note 1: In computing the period during which a person has held an office in the State Judicial Service, there shall be included any period during which he has held any other legal post or any period during which he has been a legal practitioner. Note 2 : In computing the period during which a person has been a qualified lee?! practitioner, there shall be included f.iy y^riod during which he has held any office in the State Judicial Service or has held a legal post in the department of State or Central Government/Union Territory/ Recognised Research Institutions or Universities. 2. The departmental Additional Law Officer with three years' regular service in the grade failing which Additional Law Officer with eight years combined regular service in the grades of Additional Law Officer and Deputy Law Officer shall also be considered along with outsiders. In case he is selected for appointment to the post, the same shall be deemed to have been filled by promotion. (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.

248 THE GAZETTE OF INDIA: FEBRUARY9,2002/MAGHA20,1923 PART II— SEC. 3(i)]

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

[FNo.A-12018/2/98-LCJ

B.SINGH, Under Secy.

MINISTRY OF SMALL SCALE INDUSTRIES

(Office of the Development Commissioner—Small Scale Industries)

New Delhi, the 24th January, 2002

G.S.R. 39.—In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules lo amend the Draftsmen (Small Industries Development Organisation) Recruitment Rules, 1^99, namely :—

1. (!) These rules be called Ihc Draftsmen (Small Industries Development Organisation) Recruitment (Amend- ment) Rules, 2002.

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

2. In the Draftsmen (Small Industries Development Organisation) Recruitment Rules, 1999, against serial number 1, for the entry under column 5, the following entry shall be substituted, namely :—

'' Selection-cum-scniority ".

[F, No. A-12018/3/98-A(NG)l

D. K, GAUTAM, Dy. Director (Administration) Foot Note:—The principal rules were published vide number G.S.R 160, dated the 29th May, 1999.

249 ² ⁵⁰ THE GAZETTE OF INDIA: FEBRUARY 9,2002/MAGHA20,1923 [PART II—SEC, 3(i)]

MINISTRY OFPOWER

(Central Electricity Board)

New Delhi, the 29th January, 2002

G.S.R. 40.—The following draft of certain rules further to amend the Indian Electricity Rules, 1956 which the Central Electricity Board proposes to make, in exercise of the powers conferred by Section 37 of the Indian Electricity Act, 1910 (9 of 1910), is hereby published as required by Sub-section (1) of Section 38 of the said Act, for the information of all persons likely to be affected thereby and notice is hereby given that the said draft shall be taken into consideration on or after the expiry of three months from the date of publication of this notifiction in the Official Gazette;

Any objections or suggestions which may be received from any person with respect to the said draft before the expiry of the aforesaid period of three months shall be considered by the Central Electricity Board;

Objections or suggestions, if any, may be sent to the Secretary, Central Electricity Board, 907 (S), Sewa Bhawan, R.K. Puram, NewDelhi-110066.

DRAFTRULES

1. These rules may be called the Indian Electricity (Amendment) Rules, 2002.

2. In the Indian Electricity Rules, 1956, :—

(1) after rule 67 (1 A), the following shall be inserted, namely;—

"67 (IB) In case of generating stations, EHV sub-stations andEHV industrial installations, the system neutral earthing and protective frame earthing may be, if system design so warrants, integrated into common earthing grid provided the resistance to earth of combined mat does not cause to exceed the step and touch potential beyond its permissible values."251 (2) in the explanation part of the rule 80, the following shall be inserted at the end, namely:

"Various clearances such as vertical horizontal and ground clearance shall be considered as per the sketch in AcnnexureXVI."

(3) the rule 83 shall be renumbered as rule 83(1) and after rule 83(1) as so renumbered the following shall be inserted, namely:

"83(2) No blasting for any purpose shall be done within 300 metres from the boundary of Sub-station or from the HV or EHV electric supply lines or tower structure without the consultation of the owner of such Sub- station or electric supply lines or tower structures and in case of mining lease hold area without the permission , in writing, of the Chief Inspector of Mines or the Electrical Inspector of Mines."

(4) after Annexure XV, the following shall be inserted at the end, namely:—

"ANNEXUREXVI

(See Rule No. 80)

GCL: Clearance as per Rule-77 VCL: Clearance as per Rule - 80( 1) HCL: Clearance as per Rule - 80(2)"

IF. No. 2/2/99/CEB]

S. DASARI, Secy.

Foot Note;—The principal rules were published vide number SRO 1455, dated the 26th June, 1956 and subsequently amended vide number, GSR No.523, dated 28thMflrch, 1966 GSR No. 1254, dated 8th August, 1967 GSR No. 522, dated 17th March, 1970 GSRNo. 29, dated 14th January, 1974 GSR No. 838, dated 9th August, 1980 GSRNo. 253, dated 7th March, 1981 GSRNo. 461, dated 9th May, 1981 GSRNo. 735,dated4thSeptember, 1982 GSRNo. 736, dated4th September, 1982 GSRNo. 137, dated 12th February 1983 GSRNo, 253, dated 7th March, 1983 GSRNo. 256,dated26thMarch, 1983252 THE GAZETTE OF INDIA: FEBRUARY 9,2002/MAGHA 20,1923 [PART II—SEC. 3(i)] GSRNo. 361, dated 7thMay, 1983

GSRNo. 512, dated 16th July, 1983

GSRNo. 29, dated 14th January, 1984

GSRNo. 425, dated 27th April, 1985

GSR No. 732, dated 3rd August, 1985

GSRNo. 843, dated7th Spetember, 1985

GSRNo. 844, dated7th September, 1985

GSRNo. 1049, dated 9th November, 1985

GSRNo. 1050, dated 9th November, 1985

GSRNo. 1051, dated 9th November, 1985

GSRNo. 1074, dated 16th November, 1985

GSRNo. 117, dated 8th February, 1986

GSRNo. 528, dated 19th July, 1986

GSRNo. 529, dated 19th July, 1986

GSR No. 772, dated 20th September, 1986

GSRNo. 358, dated 9th May, 1987

GSRNo. 481, dated 20th June, 1987

GSRNo. 336, dated 23 rd April, 1988

GSR No. 730, dated 30th September, 1989

GSRNo. 466, dated 18th July, 1991

GSRNo. 45, dated 1st January, 1993

GSRNo. 218, dated 18th April, 1995

GSRNo. 112, dated 22nd March, 2000

GSRNo. 468, dated 16th November, 2000253

MINISTRY OFFOODPROCESSINGINDUSTRIES

New Delhi, the 22nd January, 2002

G.S.R. 41.—In exercise of the powers conferred under the Constitution, aFruit and \fegetable Preservation Cadre in the Ministry of Food Processing Industries has hcen constituted with effect from 22nd June, 2001 in order to render technical advice on the fruit and vegetable preservation sector and to administer the Fruit Product Order, 1955, a statutory Order the Essential Commodities Act, 1955.

2. The composition of the cadre would be as under:

Post (Designation & No.)

Scale of PavfRs.)

1. Director (F&VP)(1)

14300^00-18300

12000-375-16500

2. Joint Director (F&VP)(1)

10000-325-15200

X Deputy Director (F&VP) (5)

8000-275-13500

4. Senior Inspecting Officer (19)

8000-275-13500

5. Assistant Director (F& VP)( 1)

6500-200-10500

6. Junior Inspecting Officer (15)

5500-175-9000

7. Inspector (10)

3 Following the constitution of this cadre, the erstwhile posts of Joint Director and Assistant Director in the Consultancy Division shall stand abolished as these posts stand transferred to the Fruit and Vegetable Preservation Cadre with the approval of the Finance Minister and would henceforth be known by their changed designations as indicated above,

[No. A-26011/4/97-F&VP-Admn.]

S. P. MAD AN, Under Secy.

-T*- -\ J ."- — t_

254 THE GAZETTE OF INDIA: FEBRUARY 9,2002/MAGHA 20,1923 [PART II—SEC. 3(i)]

MINETRY OF AGRICULTURE

(Department of Agriculture and Cooperation)

(DIRECTORATE OF MARKETING AND INSPECTION)

New Delhi, the 24th January, 2002

G.S.U. 42.—I P.K. Agarwal. Agricultural Marketing Adviser to the Government of India, in exercise of the powers conferred on me under (he General Grading and Marking Rules, 1988 framed under the Agricultural Produce (Grading and Marking Act, 1937(1 of 1937) hereby authorise Shri K.P. Singh, Senior Marketing Officer and Shri Satbir Singh, Marketing Officer of sub-office of the Directorate ofMarketing and Inspection, Amritsar to exercise the following powers in regard to Grading and Marking of Agricultural and Allied Products.

1. Rule 15

(1) To si^n and issue the Certificate of Agmark Grading of every consignment of a scheduled article graded and marked, umk. ihc provisions oftri< Act, for export in prescribed form on request, to the authorised packer.

(2) Tn the evcnl nf vile or Agmaik graded cop<:iyi ment to an exporter who is not an authorised packer, the Certificate of Agmark Grading may, on i ntten request of the authorised packer, be endorsed in favour of the exporter provided—

(a) that the authorised packer furnishes an undertaking about the responsibility of the graded packages even after sale; and

(b) that the exporter furnishes a declaration that the graded consignment has has been examined and found to be conforming to the quality requirements of the importer as specified in the contract.

(F. No.Q-11011/10/2001-Std.J

P. K. AGARWAL, Agricultural Marketing Adviser255 256 THE GAZETTE OF INDIA:FEBRUARY9,20Q2/MAGHA20,1923 [PART II—SEC, 3(i)] 257

MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY

(Department of Telecommunications)

New Delhi, the 22nd Januaiy, 2002

G. S. R. 43.—In exercise of the powers conferred by the proviso to article 309 of the Constitution and in supersession of the Wireless Planning and Coordination and Monitoring Organisation (Technical Officers and Staff) (Recruitment Rules, I960, in so far as they relates to the post of Joint Wireless Adviser/Director (Wireless Monitoring), except as respects things done or omitted to be done before such supersession, the President hereby makes the following rules regulating the method of recruitment to the post of joint Wireless Adviser/Director (Wireless Monitoring) in the Wireless Planning and Coordination and Monitoring Organisation, namely :—

1. Short title and commencement—(1) These rules may be called the Wireless planning and Coordination and Monitoring Organisation [Joint Wireless Adviser/Director (Wireess Monitoring] Recruitment Rules, 2001, (2) They shall come into force on the date of their publication in the Official Gazette.

2. Numhcr of posts, classification and scale of pay.—The number of the said posts, it classification and the scale of pay attached thereto shall be as specified in columns 2 to 4 of the Schedule, annexed hereto.

3. Method of recruitment, age limit, qualifications etc:—The method of recruitment, age 1im.il, qualifications and other matters relating to the said posts shall be as specified in columns 5 to 14 of the said Schedule.

4. 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 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 there arc other grounds for so doing, exempt any person from the operation of this rule.

5. Power to relax:—Where the Central 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 Union Public Service Commission, relax any of the provisions of these rales with respect to any class or category of persons.

6. Saving :—-Nothing in these rales shall affect reservations, relaxation of age limit and other concessions re- quired 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 from time to time in this regard.

SCHEDULE

Classification

Scale of pay

Name of the post

Number of post

General Central Service, Group LA' Gazetted Non- Ministerial

04* (2001) * Subject lo variation dependent on workload.

1( A) Joint Wireless Adviser..3 (B) Director (Wireless Monitoring)

Educational and other qualifications required for direct recruits Whether benefit of added years of service admissible

Age limit loi dhocl recruitment Whcther selection by Merit OT selection- cum-seniority or non-selection post

Not applicable

Rs. 18,400- 500-22,400/-

Selection by merit

Period of probation. if any

Whether age and edu- cational qualifications prescribed for direct recruits will apply in the case of promotees

Not applicable Not applicable

Not applicable

Not applicable258 THE GAZETTE OF INDIA: FEBRUARY 9,2002/MAGHA20,1923 [PART 11—SEC. 3(i)] by In case of recruitment by promotion/deputation/absorption, grades >n from which promotion/deputation/absorption to be made

Method of recruitment, whether direct recruitment or by promoti< or by deputation or absorption and percentage of the posts to 1 filled by various methods

Promotion failing which

Promotion:

by deputation.

Deputy Director (Wireless Monitoring)/Deputy Wireless Adviser with 8 years' regular service in the grade, failing which Deputy Director (Wireless Monitoring)/Dcputy Wireless Adviser with 17 years'regular service in Group'A'posts of which 4 years' regular service shall be in the grade of Deputy Director (Wireless Monitoring)/Deputy Wireless Adviser.

Note : Where juniors who have completed their qualifying/eligibility service are being considered for promotion, their seniors would be considered provided they are not short of the requisite qualifying/eligibility service by more than hah" of such qualiyfing/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.

Deputation:

Officers of Central Government/ State Governments/Union Territories:—

(a) (i) holding analogous posts on regular basis in the parent cadre/Department; or (ii) with three years' service in the grade rendered after appointment thereto on a regular basis in the scale of pay of Rs. 14300—18300/- or equivalent in the parent cadre or Department; or

(iii) With 8 years' service in the grade rendered after appointment thereto on a regular basis in the scale of pay of Rs. 12000—16500 or equivalent in the parent cadre/Department; and

(b) possessing the following educational qualifications and experience :—

Essential:—

(i) Degree in Engineering from a recognised university or equivalent' or M.Sc. Degree with Wireless Communication, Radio Physics, Radio Engineering or Electronics as a special subject from a recognised University or equivalent;

(ii) 15 years' experience in a Wireless/Telecommunication organisation, including 5

years' experience in post(s) entailing administrative responsibility.

10 years' technical/research experience in a Wireless/Telecommunication organisation and 5 years' administrative experience.

Desirable:

(i) Experience in organisation (s) dealing with Wireless/Telecommunication, especially matters such as Radio Frequency/Management and Certificate of Proficiency Examination,

(ii) Experience of international Telecommunication conventions and conference.

The departmental officers in the feeder grade who arc 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/department of the Central Government shall ordinarily not to exceed five years. The maximum age limit for appointment by deputation shall be not exceeding 56 years as on the closing date of receipt of applications).

259

if a Departmental Promotion Committee exists what is its composition

Circumstances in which Union Public Service Commission is to bo consulted in making recruitment 13

Group 'A' Departmental Promotion Committee (for considering promotion)

Consultation with Union Public Service Commission necessary while appointing an officer on deputation 1, Chairman/Member, Union Public Service

Commission —Chairman

2, Additional Secretary, Department of

Telecommunications —Member

3. Wireless Adviser,Department of

Telecommunications —Member

[No41-12/2000-Admn.rj

N. MUKHERJEE, Asstt. Director General (Admn. I-B)

MINISTRY OFWATERRESOURCES

CORRIGENDUM

New Delhi, the 23rd January, 2002

G. S. R. 44.—In the notification of Government of India in the Ministry of Water Resources G S R No, 133 dated 3-3-2001 published in the Gazette orindia. Part II, Section 3, Sub-Section (i) at pages 860-863, the entries under column number 10 of the schedule for the post of Head Draftsman may be read as 'Not applicable'.

[No. 4/2002/F. No. 35/5/99-E. I)

ASHOK JHA, Under Secy,^0 _ THE GAZETTE OF INDIA: FEBRUARY9,2002/MAGHA20,1923 |PAKT II—SET. 3(i)J 261 262 THE GAZETTE OF INDIA: FEBRUARY 9,2002/MAGHA 20,1923 [PART U—SEC. 3(i)] 263 ² ⁶⁴ THE GAZETTE OF INDIA: FEBRUARY 9,2002/MAGHA 20,1923 [PART H—SEC. 3(i)]

New Delhi, the 29th January, 2002

G.S.R. 45.—In exercise of the powers conferred by the proviso to article 309 of the Constitution and in superses- sion of Ministry of Water Resources Staff Car Driver Recruitment Rules 2000 except as respects things done or omitted to be done before such supersession, the President hereby makes the following rules regulating the method of recruitment to the posts of Staff Car Driver (Grade-I), Staff Car Driver (Grade II) and Staff Car Driver (Ordinary Grade) in the Ministry of Water Resources, Namely :—

1 Short title and commencement.—(1) These rules may be called the Ministry of Water Resources Staff Car Driver recruitment Rules, 2002.

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

2. Number of posts, their classification and scale of pay.—The number of the said post, their classification and scales of pay attached thereto shall be as specified in columns 2 to 4 of the Schedule annexed to these rules.

3. Method of recruitment, age limit and other qualifications, etc.—The method of recruitment, to the said post, age limit, qualifications and other matters relating thereto shall be as specified in columns 5 to 14 of the said Schedule.

4. 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 said post:

5 Power to relax.—Where the Central 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, relax any of the provisions of these rules with respect to any class or category of persons.

6. 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, Other Backward Classes, Ex-servicemen, and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.

SCHEDULE

Number of post

Classification

Scale of Pay

N;ime of Post

Whether selection post or non- selection post

⁴

Non-selection (Scniority-cum-fitncss)

Rs. 5000-150- 8000.

1. Staff Car Driver (Special Grade)

General Central Service Group 'C Gazetted, Non- Ministerial

1* (2002) •Subject to variation dependent on workload.

Educational and other qualifications required for direct recruits Age limit for direct recruits

Whether benefit of added years of service admissible under rules 30 of CCS (Pension) Rules, 1972

Not applicable

Not applicable265 Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees

Period of

probation, if

any

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

Not applicable

100% by promotion

In case of recruitment by promotion/deputation /absorption grades from which promotion/deputation/absorption to be made

If Departmental Promotion Committee exists what is its composition

Circumstances in which Union Public Service Com- mission is to be consulted in making recruitment 12

Not applicable Promotion from amongst departmental Staff Car Driver (Grade-I) with three years regular service in the Grade-I.

group 'C Departmental Promotion Committee

(for considering pro-

motion) consisting of:

1. Under Secretary (C)

—Chairman

2, Under Secretary (A)

—Member

3. Section Officer (G)

—Member

4. A technical officer not

below the rank of Sectioi

Officer or equivalent

—Membei

Rs. 5000-150- 8000.

Non-selection (Seniority-cum-fitness) 2. Staff Car Driver (Grade-I)

General Central

Service Group'C

Non-Gazetted, Non-

Ministerial

3* (2002) •Subject to variation dependent on workload

Not applicable

100% by promotion

Not applicable

Not applicable266 THE GAZETTE OF INDIA: FEBRUARY 9,2002/MAGHA 20,1923 [PART II—SEC. 3(i)] E

Promotion from amongst departmental Staff Car Driver (Grade-II) with six years regular service in the Grade-II, or a Combined Service of 15 years in Grade-II and in Or- dinary Grades put together, subject to passing depart- mental trade test.

3 3. Staff Car Driver (Grade-H)

Not applicable Group 'C Departmental Promotion Committee

(for considering pro-

motion) consisting of:

1. Under Secretary (C)

—Chairman

2. Under Secretary (A)

—Member

3. Section Officer (G)

—Member

4, A technical officer not

below the rank of Sectioi

Officer or equivalent

—Member

Non-selection Rs. 4000-100- 6000

General Central

Service Group'C

Non-Gazetted, Non-

Ministerial

2* (2002) •Subject to variation dependent on workload

Not

; Applicable Not Applicable

Not Applicable

Group'C Departmental Promotion Committee (for considering pro- motion): 1. Under Secretary (C) —Chairman 2. Under Secretary (A) Promotion from amongst departmental Staff Car Driver (Ordinary Grade) with nine years regular service in the Grade, subject to passing a Depart- mental Trade Test

—Member 3. Section Officer (G) —Member

11 9

100% by promotion Not Applicable

Not Applicable

Not Applicable267 1 2 3 4 5 Non-selection

Rs. 3050-75- 3950-804590

4. Staff Car Driver (Ordinary Grade)

General Central

Service Group'C

Non-Gazetted, Non-

Ministerial

2* (2002) •Subject to variation dependent on workload

Between 25 to 30 years (Relaxable to.

Essential:

Government servants upto 45 years in

(a) Possession of a valid licence for motor case of general candidates and 50 years

mechanism and experience of derving in respect of Scheduled Caste/Scheduled

for at least 5 years,

Tribe candidates in accordance with the

(b) VIII standard pass

instructions of orders issued by the Central

English

ward Classes in accordance with the orders

Desirable

issued by the Government from time to time.

Matriculation or equivalent qualification

Note: 1. The crucial date for determin-

ing age limit shall be the closing date

for receipt of applications from candi-

dalcs in India (and not the closing

dale prescribed for those in Assam,

Mcghalaya, Amnachal Pradesh,

Mizoram, Manipur, Nagaland,

Tripura, Sikkim, Laddakh division

of Janimu & Kashmir State, LahauJ

;md Spiti, and District Pangi sub-

division of Chamba District of

Himachal Pradesh, Andaman

& Nicobar Islands and Lakshadweep).

Note: 2. In the case of appointment

through Employment Exchange the

crucial date for determining the age

limit shall be the last date by which

the Employment Exchange is asked

to submit the names.

2 years

Not applicable

By transfer, failing which by direct recruitmentTHE GAZETTE OF INDIA: FEBRUARY 9,2002/MAGHA 20,1923 [PART II—SEC. 3(i)] 2 D transfer:

Departmental Not applicable Promotion Committee

By transfer on the results of a driving test designed to

(for Confinnetions of

adjudge the suitablity of competence considered essential

only):

in Driving of staff Cars from regular Drivers/Despatch Rider

1. (Under Secretary

(Group 'C') and Group 'D' employees of belonging to

Adminstiation)—Chairman

Ministry of Water Resources including attached, sub-

2, Under Secretary (A)

ordinate and other organisations under the Ministry of

Ministry of Water Resources—Member Water Resources, who possess the qualifications as pres-

cribed in column No. 8 of the Schedule.

[F.No.9/l/2001^Admn.]

N. K. GUPTA, Under Secy.