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MCA amends SFIO Recruitment (Amendment) Rules, 2018

MINISTRY OF CORPORATE AFFAIRS

NOTIFICATION

New Delhi, the 2nd April, 2018

G.S.R. 361(E).—In exercise of the powers conferred by sub-section (5) of section 211 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules to amend the Ministry of Corporate Affairs, the Serious Fraud Investigation Office, Assistant Director (Corporate Law), Senior Assistant Director (Corporate Law) and Deputy Director (Corporate Law), Recruitment Rules, 2016, namely:-

1. Short title and commencement.-

(1) These rules may be called the Ministry of Corporate Affairs, the Serious Fraud Investigation Office, Assistant Director (Corporate Law), Senior Assistant Director (Corporate Law) and Deputy Director (Corporate Law), Recruitment (Amendment) Rules, 2018.

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

2. In the Ministry of Corporate Affairs, the Serious Fraud Investigation Office, Assistant Director (Corporate Law), Senior Assistant Director (Corporate Law) and Deputy Director (Corporate Law) Recruitment Rules, 2016 (hereinafter referred to as the said rules), for rule 3, the following rule shall be substituted, namely:-

“3. Number of posts, classification, level in the pay matrix .- The number of posts, their classification, level in the pay matrix or pay scale attached thereto, shall be as specified in columns (2) to (4) of the said Schedule”.

3. In the said rules, in the Schedule, –

(A) In serial number 1, against the post of Assistant Director (Corporate Law), –

(i) in column (4),-

(a) for the heading, the following heading shall be substituted, namely:-

“Level in the pay matrix or pay scale.”;

(b) for the existing entries, the following entries shall be substituted, namely:-

“Level 8 in the pay matrix (Rs. 47,600 – 1,51,100).”;

(ii) in column (7), for the existing entries, the following entries shall be substituted, namely:-

“Essential:

(i) Bachelor degree in Law from a recognised University or Institute; or

(ii) Integrated Bachelor degree in Law (Five Years’) from a recognised University or Institute; or

(iii) Bachelor degree in any discipline from a recognised University or Institute and Company Secretary from the Institute of Company Secretaries of India;

Desirable:

(i) One year experience in the field of Corporate Law;

(ii) should be conversant with the tools and techniques of collection of evidence or recordings of statements and presentation of evidence in proceedings.

Note 1: The qualifications are relaxable at the discretion of the Union Public Service Commission, for reasons to be recorded in writing, in the 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, for reasons to be recorded in writing in the case of candidates belonging 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 communities possessing the requisite experience are not likely to be available to fill up the vacancies reserved for them.”;

(iii) in column (11), under the sub-heading ‘Deputation (including short term contract)’, for the existing entries, the following entries shall be substituted, namely:-

“Officers of the Central Government or State Governments or Union Territory Administrations or public sector undertakings or statutory or autonomous bodies or recognised Universities or institutes,-

(a) (i) holding analogous post on regular basis in the parent cadre or department; or

(ii) with two years’ service in the grade rendered after appointment thereto on regular basis in level 7 in the pay matrix (Rs.44,900 – 1,42,400) or equivalent in the parent cadre or department; or

(iii) with six years’ service in the grade rendered after appointment thereto on regular basis in level 6 in the pay matrix (Rs.35,400 – 1,12,400) or equivalent in the parent cadre or department; and

(b) possessing the educational qualifications and experience prescribed for direct recruits in column (7).

Note 1: The period of deputation (including short term contract) including period of deputation (including short term contract) 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’.

Note 2: The maximum age limit for appointment by deputation (including short term contract) shall be not exceeding 56 years as on the date of closing date of receipt of applications.”;

(B) in serial number 2, against the post of Senior Assistant Director (Corporate Law),-

(i) in column (4), for the existing entries, the following entries shall be substituted, namely:-

“Level 10 in the pay matrix (Rs.56,100 – 1,77,500).”;

(ii) in column (11), –

(a) under the sub-heading ‘Promotion’,-

I. for the words starting with “The Departmental Assistant Director” and ending with the words “thereto in the grade” , the following shall be substituted, namely:-

“Assistant Director (Corporate Law) in level 8 in the pay matrix (Rs.47,600 – 1,51,100) with two years’ regular service in the grade.”;

II. Note 2 shall be omitted;

(b) under the sub-heading ‘Deputation (including short term contract)’,-

I. in item (A) for sub-items (II) and (III) the following sub-items shall be substituted, namely:-

“(II) with two years’ service in the grade rendered after appointment on regular basis in post in level 8 in the pay matrix (Rs.47600 – 151100) or equivalent in the parent cadre or department;

or

(III) with three years’ service in the grade rendered after appointment thereto on a regular basis in post in level 7 in the pay matrix (Rs.44,900 – 1,42,400) or equivalent in the parent cadre or department;”;

(c) under the sub-heading ‘Desirable’, Note 3 shall be omitted;

(C) in serial number 3, against the post of Deputy Director (Corporate Law),-

(i) in column (4), for the existing entries, the following entries shall be substituted, namely:-

“Level 11 in the pay matrix (Rs.67,700-2,08,700).”;

(ii) in column (11),-

(a) under the sub-heading ‘Promotion’,-

I. for the words starting with “Senior Assistant Director” and ending with the words “regular service in the grade”, the following shall be substituted, namely:-

“Senior Assistant Director (Corporate Law) in level 10 in the pay matrix (Rs.56,100-1,77,500) with two years’ regular service in the grade.”;

II. Note 2 shall be omitted;

(b) under the sub-heading ‘Deputation (including short term contract)’,-

I. in item (A) for sub-item (II), the following sub-item shall be substituted, namely:-

“(II) with two years’ service in the grade rendered after appointment thereto on a regular basis in post in level 10 in the pay matrix Rs.56,100 – 1,77,500 or equivalent in the parent cadre or department; and”;

(c) under the sub-heading ‘Desirable’, Note 3 shall be omitted.

[F. No. A-35011/28/2009-Ad.III]

GYANESHWAR KUMAR SINGH,

Jt. Secy.

Note:-The principal rules were published in the Gazette of India, Extra-ordinary, Part II, Section 3, Sub-section (i) dated the 15th March, 2016 vide notification number G.S.R. 299(E) dated the 14th March, 2016.

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