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REGISTERED No. D. (D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3-Sub-section (i)

PUBLISHED BY AUTHORITY

No. 204] NEW DELHI, MONDAY, JULY 10, 1978/ASADHA 19, 1900

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

(587)

378 GI/78—1

378 01/78—2

MINISTRY OF LAW, JUSTICE & COMPANY AFFAIRS

(Department of Company Affairs)

New Delhi, the lOih July, 1978

G.S.R. 357(E). Tn exercise of the powers conferred by Section 67, read with Soction 8, of the Monopolies and Restrictive Trade Practices Act, 1%9 (54 of 1969), the Central Government hereby makes the following rules ftirtherto amend the Monopolies and Res- trictive Trade Practices Commission (Recruitment of Members of Start) Rules, 1974, namely:—

1. (1) These rules may be called the Monopolies and Reslrctive Trade Practices Commission(Recruitment of Members of Staff) Amend-

ment Rules, 1978.

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

2. After rule 2 of the Monopolies and Restrictive Trade Practices Commission (Recruitment of Members of Staff) Rules, 1974 (hereinafter rcforred to as the said rules), the following rule shall be inserted, namely:—

"2A. Appointment to posts in Commission—(I) All appointments to Group 'A'posts in the Commission shall be made by the Cen-

tral Government; and

(2) All appointments to Group 'B', 'C and 'D' Posts shall be made by the Commission :

Provided that appointments to Group 'A' and Group 'B\ posts shall be made in consultation with the Union Public Service Com- mission, where so required."

3. For sub-rule (3) of rule 3 of the said rules, the following shall be substituted, namely:—

"(3) Notwithstanding anything contained in sub-rules (1) and (2) if the circumitances so require, appointments on contract basis of suitably qualified persons may be made—

(a) in the case of Group 'A' posts, by the Central Government; and

(b) in the case of any Group 'B\ 'C and 'D' post, by the Commission, on such terms and conditions as may be approved by the Central Government in each case",

4. After rule 3 of the said rules, the following rule, shall be inserted, namely;—

"3A. Liability of persons appointed as peons to undergo training as Home Guards—Notwithstanding anything contained in these rules, every person appointed as a peon under these rules shall undergo training as a Home Guard for a period of three years:

Provided that the Commandent General, Home Guards, may, having regard to the performance of, and standard of training achieved by, any person during the period of training, reduce such period of two years,"

5. Tn the Schedule to the said rules,—

(i) for serial numbers 1 to 7 and the entries relating thereto, the following serial numbers and entries shall be substituted, namely:—

1

2

3

4

5

6

7

" 1. Secretary

1

Rs, 225O-125/2-2SOO Not applicable Not applicable

Not applicable General Central Service Group "A' Gazetted.

9

S

11

10

12

13

Not applicable

By transfer on deputation Transfer on deputation:

Not applicable

Not applicable

Consultation with the Union Public Service Commission necessary while appointing an Officer from a State Govern- ment on depu- tation.

Officers under the Central/ State Governments hold- ing analogous posts or with at least 3 years' regular ser- vice in posts in the scale of Rs. 2000-2250 or equivalent or with 16 year's regular service in AH India Services or in Central Services Group 'A' preferably having expe- rience in any one or more of the matters relating to economics, industry, com- merce, finance, accounts, law or administration. (Pe- riod of deputation shall or- dinarily not exceed 5 years).

Goneral Central Service Group 'A' Gazetted

10

9

11

8

12

13

By transfer on deputation

Not applicable

Not applicable

Not applicable

Consultation with the Union Public Service Commission not necessary, un- less it is inten- ded to relax, at any time, the provisions of the recruit- ment rules.

Transfer on deputation: Officers under the Central Government holding ana- logous posts or with at least 5 years' regular service in posts in the scale of Rs. 1100-1600 or equivalent or with 9 years' regular ser- vice in I.A.S/ Central Ser- vices Group 'A' preferably having experience in any one or more of tho matters relating to economics, in- dustry, commerce, finance, accounts, law or adminis- tration (Period of deputa- tion shall ordinarily not exceed 4 years).

5

1

2

3

4

6

7

1

Not applicable

Rs. 1200-50-1600

Not applicable

3, Administrative

Not applicable

Officer.

General Central Service.Group 'A' Gazetted

9

10

11

12

13 8

By transfer on deputation

Not applicable

slot applicable Not applicable

Consultation with the Union Public Service Commission necessary while appointing a Group 'B' offi- cer on deputa- tion.

Transfer on deputation:-— Officers under the Central Government holding ana- logous posts or with 6/10 years' regular service in posts in the scale of Rs. 700- 1300/650-1200 or equivalent respectively or with 5 years' regular service in I.A.S./ Central Services Group 'A' preferably having experience in any one or more of the matters relating to econo- mics, industry, commerce, finance, accounts, law or administration (Period of deputation shall ordinarily not exceed 3 years),

General Central Service Group 'A' Gazetted.

50 Years. (Re- laxable for Go- vernment ser- vants).

Esential : (1) At least second class Mas- ter's Degree in Economics/ Commerce/Statistics or in Business Administration/ Business Management of a recognised University or equivalent.

(2) 12 years' experience of hand- ling problems in a Govern- ment Department, Public sector undertaking, Re- search Organisation/Insti- tution or in an academic institution relating to any one or more of the follow- ing fields, namely:—

(i) Industrial Development,

(ii) Trade including international

Note: The crucial date for deter- mining the age limit shall be the closing date for receipt of appli- cations from candidates in India (other than those in Andaman and Nicobar Islands and Lakshad- weep).

trade.

(iii) Marketing and fiscal poli-

cies,

(iv) Statistics

| (v) Industrial production and

pricing,

(vi) Marketing, I (vii) Banking.

Note 1:

Qualifications are relaxablc at the discretion of the Union Public Service Commission in the case of candidates otherwise well qualified.

Note 2:

The qualification regarding ex- perience is relaxable at the discretion of the Union Pub- lic Service Commission in the case of candidates be- longing to Scheduled Castes or Scheduled Tribes if at any stage of selection, ihe Union Public Service Com- mission is of the opinion that sufficient number of candi- dates from these communities possessing the requisite ex- perience are not likely to be available to fill up the vacan- cies reserved for them.

Desirable :

(i) Doctorate degree in the sub-

jects concerned.

(ii) Administrative/managerial

experienece,

(iii) Research publications (evi-

dence to be produced).

378G1/78—3

No

2 yoars

Group 'A¹ Departmental Promotion Committee

By promotion/transfer on deputation (including short-term contract) failing which by direct recruitment.

(for considering con- firmation) Composition of P.P.C. Chairman-—Secretary,

Selection on each occasion shall be made in consultation with the Union Pub- lic Seivice Commi- ssion.

Monopolies and Res- trictive Trade Practices Commission.

Member—1. Director (Administration) De- partment of Company Affairs.

2. An officer belong- ing to Scheduled Castes/Scheduled Tri- bes not below the rank of Director.

Promotion/transfer on depu- tation including short-term contract : Officers under the Central Government/State Go- vernments/Public Sector Undertakings/recognised Re- search Institutions/Reserve Bank of India/Slate Bank of fndia/Universities hold- ing analogous posts or with 3/5 years' regular service in posts, in the scale of Rs. 1500-180O/13OO—I7OO or equivalent respectively and possessing the educational qualifications and experi- ence laid down for direct recruits in column 7. The departmental Joint Direc- tor (Economics) with 3 years' regular service in the grade will also be consider- ed and if ho is selected for appointment to the post, it would be treated as hav- ing been filled by promo- tion. (Period of deputation/ contract shall ordinarily not exceed 4 years).

3

2

4

5

6

6. Joint Director

General Central Rs. 1500-60-1800 Selection

(Economics)

Service Group 'A' Gazetted.

Essential ; (1) At least second class Master's degree in Economics/Com- merce/Statistics or in Busi- ness Administration/Business Management of a recognised University or equivalent. (2) 10 years' experience of hand- ling problems in a Govern- ment Department, Public Sector Undertaking, Research Organisation/Institution or in an academic institution relating to any one or more of the following fields, namely :—

(i) Industrial Development, (ii) Trade including international

Not exceeding 45 years (Relax- able for Go- vernment ser- vants). Note : The crucial date for determining the age limit shall be the closing date for receipt of applications from candidates in India (other than those in Andaman and Nicobar Islands and Laksha- dweep).

trade.

(iii) Marketing and fiscal policies,

(iv) Statistics.

(v) Industrial production and pric-

ing.

<$Q5

1 2 3 4 5 6 7

vvi) Marketing, (vii) Banking.

Note 1 : Qualifications are relnx- able at the discretion of Ihe Union Public Service Commis- sion in the case of candidates otherwise well qualified.

Note 2 : The qualification regard- ing experience is rclaxable at the discretion of the Union Public Service Commission in the case of candidates belong- ing to Scheduled Castes or Scheduled Tribes if at any stage of selection, the Union Public Service Commission is of the opinion that sufficient number of candidates from these com- munities possessing the requi- site experience are not likely to be available to fill up the vacancies reserved for them.

Desirable :

(i) Doctorate Degree in the sub-

ject concerned.

(ii) Administrative/managerial ex-

perience.

(iii) Research publications (evi- dence to be produced).

(iv) Membership of the Institute of Company Secretaries of Tndia,

12

13

11

10

9

R

2 years

No

By promotion failing which by transfer on de- putation (including short- term contract) and failing both by direct recruit-

ment.

Promotion : Deputy Director (Economics) with 5 years' service in the ; grade rendered after appointment thereto on a regular basis.

Transfer on deputation (in-

Group 'A' Departmental ' Promotion Committee, Composition of Depart- ment Promotion Committee. Chairman—Chairman/ Member Union Public Service Commission. Members-- (1) Secretary Monpolies and Res- trictive Trade Practices Commission.

Consultation with the Union Public Service Ccrr.mission necessary while mak- ing promotion, dire- ct recruitment and appointing an Officer by transfer on depu- tation (including short-term contract) from sources other than Central Gove- rnment.

(2) Director (Admi- nistration) Department of Company Affairs. (3) An officer belong- ing to Scheduled Caste/ Scheduled Tribe not below the rank of Director.

cluding short-term contract). Officers under the Central Government failing which under the State Govern- ment/Public Sector Under- takings/recognised Research Institutions/Reserve Bank of India/State Bank of India/ Universities holding ana- logous posts or with 5 years regular service in posts in the scale of Rs. 1100-1600 or equivalent and possess- ing the educational quali- fications and experience laid" down for direct recruits in column 7 (Period of depu- tation/contract shall ordi- narily not exceed 4 years).

Kssentml

Not exceeding

Not

Rs. 1500—60—1800

1 Genera] Central

Joint

6.

(1) Attorney of Bombay/Cal-

applicable 45 years. (Rela-

Service

Director

cutta High Court or Degrce

axablo for Go-

Group 'A'

(Legal)

in Law of a recognised Uni-

vernment

Gazetted

versity or equivalent.

servants).

(2) 10 years' experience as an

Note : The cru-

Attorney/Legal Practitioner

cial date for de-

preferably in matters con-

termining the

nected with the work relating

aw Unit shall

to Civil Procedure Code and

be the closing

Companies Act in High

date for receipt

Court/Supreme Court.

of applications

Or

from candidates

10 years' experience of Legal

in India (other

work including research/

than those in

teaching experience in a

Andaman and

Govenment Department or

Nicobar Islands

in a research/academic ins-

and Laksha-

titution.

dweep).

Note 1 : Qualifications arc rclaxa-

blo at the discretion of the

Union Public Service Com-

mission in the case of candi-

dates othcrwiso well qualified.

Note 2 : The qualifications regard-

ing experience are relaxable at

the discretion of the Union

Public Service Commission in

the case of candidates belong-

ing to Scheduled Castes or

Scheduled Tribes if at any slage

of selection, the Union Public

Service Commission is of the

opinion that sufficient number

of candidates from these com-

munities possessing the re-

quisite experience are not

likely to be available to fill up

the vacancies reserved for them

Desirable :

(i) Doctorate Degree in Law.

(ii) Administrative/managerial ex-

perience,

(iii) Knowledge of the Monopolies

and Restrictive Trade Practices

Act and the rules framed

thereunder.

2 years.

N o.

By promotion/transfer on deputation (inclu- ding short-term con- tract) failing which by direct recruitment.

Selection on each occasion shall be made in consultation with the Union Public Service Commission.

Group 'A' Departmen- tal Promotion Commit- tee, (for considering confir- mation). Composition of De- ] partmcntal Promotion Committee. Chairman: Secretary, Monopolies and Restrictive Trade Practices Commission. Members: 1. Director (Adminis- tration), Depart- ment of Company Affairs.

2. An officer belongini t to Scheduled Caste/ Scheduled Tribe not below the rank of Director.

Promotion/transfer on depu- tation (including short-term contract): Officers under the Central Government/State Govern- ments/Public Sector Under- < takings/recognised Research Institutions/Reserve Bank of India/State Bank of India/ Universities holding analo- gous posts or wilh 5 years' regular service in posls in the scale of Rs. 1100-1600 or equivalent and possessing the educational qualifications and experience laid down for direct recruits in column 7. The departmental Deputy Director (Legal) with 5 years' regular service in the grade will also be considered and if he is selected for appointment to the post, it will be treated as having been filled by promotion. (Period of deputation/contract shall ordinarily not exceed 4 years)

2

3

4

1

5

6

7

7. Deputy

1

Rs. 1100-50-1600.

Not applicable.

Director (Legal)

General Central Service Group 'A' Gazetted.

Essential: (1) Attorney of Bombay/Cal- cutta High Court or Eegjcc in Law of a recognised University or equivalen (. (2) 7 years' experience as an Attorney/Legal Practitioner preferably in matters con- nected with the work relating to Civil Procedure Code and Companies Act, in High Courts/Supreme Court.

OR

Not exceeding 40 yearss. (Relaxable for Government servants) Note : The crucial date for determining the age limit shall be the closing date for rocoipt of applications from candi- dates in India (other than those in Andaman and Nicobar

7 yea rs' experience of Legal work including re- search teaching experience in a Government Depart- ment or in research/acade- mic ijistitulion.

Nole 1:

Islands and Lakshadweep),

Qualifications are relaxable at tho discretion of the Union Public Service Commission in the case of candidates otherwise well

qualified;

1 2 3 4 5 6 7

Note 2:

The qualifications regarding experience are relaxable at the discretion of the Union Public Service Com- mission in the case of candidates belonging to Scheduled Castes or Sche- duled Tribes if al any stage of selection, the Union Public Service Commission is of the opinion that sufficient number of candidates from these communities posses- sing the requisite experience are not likely to be avail- able to fill up the vacan- cies reserved for them.

Desirable:

(i) Doctorate Degree in Law,

(ii) Administrative / managerial

experience,

(iii) Knowledge of the Mono- polies and Restrictive Trade Practices Act and the rules framed thereunder.

11

12

13 9

10

8

2 years.

No.

Promotion/ transfer on deputation (including short-term contract) failing which by direct recruitment,

Selection on each occasion shall be made in consul- tation with the Union Public Service Com- mission

Group 'A' Depart- mental Promotion Com- mittee : (for considering confir- mation). Composition of De- partmental Promotion Committee. Chairman: Secretary, Monopolies and Restrictive Trade Practices Commission. Members: 1. Director (Adminis- tration), Depart- ment of Company Affairs.

2. An officer belonging to Scheduled Caste/ Scheduled Tribe not below the rank of Director.

. Promotion/transfer on depu- tation (including short- term contract): Officers under the Central Government/Stale Govcrn- mc.its/Public Sector Under- takings/recognised Research Institutions/Reserve Bank of India/Stale Bank of India/ Universities holding analo- gous posts or wilh 5/8 years' regular service in posts in the scalo of Rs. 700-1300/650- 1200 or equivalent respec- tively and possessing the educational qualifications and experience laid down for direct recruits in column 7, The departmental Court Master with 8 yoars' regular service in the grade will also be considered and if he is selected for appointment to the post, it will be treated as having been rilled by promo- tion. (Period of deputation/ contract shall ordinarily not

(Accounts).

Not applicable.

Service Group 'A' Gazetted,

Essential : (1) A qualification recognised for enrolment in the Register of Members of the Institute of Chartered Accounts of India or of the Institute of Cost & Works Accountants of India or equivalent.

(2) 5 years' experience as a Char- tered Accountant or Cost & Works Accountant, preferably with Joint Stock Companies or in a Government Depart- ment.

Note 1 : Qualifications are rclaxable at

Not exceeding 40 years (Rela- xable for Go- vernment ser- vants). Note : The crucial date for determining the age limit shall be the clo- sing date for re- ceipt of applica- tions from can- didates in India (Other than those in Anda- man and Nico- bar Islands and Lakshadweep).

the discretion of the Union Public Service Commission in the case of candidates otherwise well qualified,

Note 2 : The qualification regarding ex- perience is relaxable at the discretion of the Union Public Service Commission in the case of candidates belonging to Scheduled Castes or Scheduled Tribes if at any stage of selec- tion, the Union Public Service Commission is of the opinion that sufficient number of can- didates from these communities possessing (he requisite ex- perience arc not likely to be available to fill up the vacancies reserved for them.

Desirable :

(i) Degree in Law of a recognised University or equivalent, (ii) Administrative/managerial

experience,

(iii) Membership of the Institute of Company Secretaries of India.

8

II

9

10

12

1 3

Not applicable. 2 years.

Transfer on deputation/trans- fer (including short-term contract).

Group 'A' Departmental Promotion Committee, (for considering confirma-

tion).

By transfer on deputa- tion/transfer (including short-term contract) failing which by direct recruitment.

Composition of Depart-

mental Promotion Com- mittee.

Chairman—Secretary,

Monopolies and Res- trictive Trade Practices Commission,

Members—1. Director

(Administration) De-

Selection shall be made in con- sultation with the Union Pub- lic Service Coin- • mission ex- cept while ap- pointing a Group 'A' Offi- cer from the Central Go- vernment on deputation.

partment of Company

Affairs,

2. An officer belonging to Scheduled Caste/Sche- duled Tribe not below the rank of Director.

Officers under the Central Government failing which under the State Govern- ments/Public Sector Under- takings/recognised Resear- ch Institutions/Reserve Bank of India/State Bank of Tndia/Universities holding analogous posts or with 5/8 years' regular service in posts in the scale of Rs. 700- 1300/Rs. 650-1200 or equi- valent respectively and pos- sessing the educational qua- lifications and experience laid down for direct recruits in column 7 (period of depu- tation/contract shall ordina- rily not exceed 3 years.).

General Central Service Group 'A' Gazetted.

Essential : (1) At least second class Master's Degree in Economics/Com- merce/Statistics or in Busi- ness Administration/Business Management of a recognised university or equivalent. (2) 7 years' experience of hand- ling problems in a Govern- ment Department, Public Sec- tor undertaking, Research Organisation/Institution or in an academic institution relating to any one or more of the following fields, namely :—

(i) Industrial Development. (ii) Trade including international

Not exceeding 40 years (Reia- xable for Go- vernment ser- vants). Note : The crucial date for determining the age limit shall be the clo- sing date for receipt of applica- tions from candi- dates in India (other than those in Anda- man and Nico- bar Islands and Lakshadweep).

trade.

(iii) Marketing and fiscal policies,

(iv) Statistics.

(v) Industrial Production and

Pricing,

(vi) Marketing

(vii) Banking,

( viii) Accounts,

(ix) Law.

Note 1 :

Qualifications are relaxablo at the discretion of the Union Public Service Commission in the case of candidates otherwise well qualified.

Note 2:

The qualifications regarding ex- perience are relaxable at the discretion of the Union Public Service Commission In the case of candidates belonging to Scheduled Castes or Scheduled Tribes if at any stage of selec- tion, the Union Public Service Commission is of the opinion that sufficient number of can- didates from these communities possessing the requisite exper- ience are not likely to bo available to fill up the vacancies resorved for them.

Desirable :

(i) Doctorate Degree in the

subject concerned.

(ii) Administrative/managerial

experience.

(iii) Knowledge of Monopolies and Restrictive Trade Pract- ices Act and the rules framed thereunder.

[No.

2 years

Promotion :

Group 'A' Departmental Promotion Committee. Composition of Depart- mental Promotion Committee.

Assistant Director (Econo- mics) and Assistant Direc- tor (Statistics) with 5 years' regular service i n the respec- tive grade.

Transfer on deputation/trans- fer (including short-term Contract)

Chairman—Chairman/ Member, Union Pub- lic Service Commiss- ion.

By promotion failing which by transfer on deputation (including short-term contract) 50%. By transfer on deputaion/transfer (in- cluding short-term con- tract) failing which by direct recruitment 50%.

Selection shall be made in consultation with the Union Public Service Commission except while ap- pointing ogroup 'A'officer from Central Go- vernment on deputation.

Members—1. Secretary, Monopolies and Res- trictive Trade Practices Commission.

2. Director (Administra- tion), Department of Company Affairs.

3. An officer belonging to Scheduled Caste/ Scheduled Tribe not below the rank of Director.

Officers under ihe Central Government failing which under the State Govern- ments/ Public Sector Un- dertakings/recognised Re- search Institutions/Reserve Bank of India/State Bank of India/Universities hol- ding analogous posts or with 5/8 years' regular ser- vice in posts in the scale of Rs. 700-1300/Rs. 650-1200 or equivalent respectively and possessing the educa- tional qualifications and experience laid down for direct recruits in column 7 (period of deputation/ contract shall ordinarily not exceed 3 years). ]

1

3

2

5

4

6

7

3

10. Assistant

Essential:

Rs.700-40-900-EB- 40-1100-50-1300.

Not applicable.

General Central Service Group 'A' Gazetted.

Director (Economics)

(1) At least second class Master's Degree in Economics or Commerce of a recognised university or equivalent. (2) 3 years' experience of handling problems in a Government Department, Public Sector Undertaking, Research Organistation/Institution or in an academic institution relating to any one or more of the following fields, namely :—

(i) Industrial Development, (ii) Trade including international

trade,

Not exceeding 35 years (Rela- xable for Gover- nment servants) Note : The crucial date for determining the age limit shall be the clos- ing date for receipt of appli- cations from candidates in India (other than those in Anda- man and Nico- -bar Islands and Lakshadweep) (iii) Marketing and fiscal poli-

cies.

(iv) Marketing.

(v) Industrial production and

pricing.

(vi) Banking.

Note 1 :

Qualifications are relaxablc at the discretion of the Union Public Service Commission in the case of candidates other- wise well qualified.

378 OI/78^t