MINISTRY OF CORPORATE AFFAIRS

NOTIFICATION

New Delhi, the 21st October, 2015

G.S.R. 800(E).- In exercise of the powers conferred by sub-section (5) of Section 211 of the Companies Act, 2013 (18 of 2013) and in supersession of the Serious Fraud Investigation Office, Ministry of Corporate Affairs, Additional Director (Capital Market) (Group ‘A’ Post) Recruitment Rules 2006 and the Serious Fraud Investigation Office, Ministry of Corporate Affairs, Additional Director (Financial Transactions) (Group ‘A’ Post) Recruitment Rules,2006, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules regulating the method of recruitment to the posts of the Additional Director (Capital Market)/Joint Director (Capital Market) and Additional Director (Financial Transactions)/Joint Director (Financial Transactions) in the Ministry of Corporate Affairs, Serious Fraud Investigation Office, namely:-

1. Short title and commencement.

(1) These rules may be called the Ministry of Corporate Affairs, Serious Fraud Investigation Office, Additional Director (Capital Market)/Joint Director (Capital Market) and Additional Director (Financial Transactions)/Joint Director (Financial Transactions) Group ‘A’ Post Recruitment Rules, 2015.

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

2. Application.–These rules shall apply to the posts specified in column (1) of the Schedule annexed to these rules.

3. Number of posts, classification, pay band and grade pay or pay scale.— The number of said posts, their classification, pay band and grade pay or pay scale attached thereto shall be as specified in columns (2) to (4) of the said Schedule.

4. Method of recruitment, age-limit, educational qualifications, etc.—The method of recruitment, age – limit, educational qualifications and other matters relating thereto shall be as specified in columns (5) to (13) of the afore said Schedule.

5. Disqualifications.— No person, –

(a) who has entered into or contracted a marriage with a person having a spouse living, or

(b) who, having a spouse living has entered into or contracted a marriage with any person, shall be eligible for appointment to the said posts:

Provided that the Central Government may, if satisfied that such a 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.

6. 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.

7. Saving .—- Nothing in these rules shall affect reservation, relaxation of age-limit and other concessions required to be provided for the Scheduled Castes, the Scheduled Tribes, ex-serviceman and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.

SCHEDULE

Name of post.

Number of post.

Classification.

Pay band and grade pay or pay scale.

Whether selection post or nonselection post.

(1)

(2)

(3)

(4)

(5)

1. Additional Director (Capital Market)/ Joint Director (Capital Market). 1* (2015)

*Subject to variation dependent on workload.

General Central Service, Group- ‘A’ Gazetted, Non-Ministerial. (i)Pay band-4, ₹ 37400-67000 plus grade pay of ₹ 8700 /

(ii)Pay band-3, ₹ 15600-39100 plus grade pay of ₹ 7600

Not applicable.

Age limit for direct recruits.

Educational and other qualifications required for direct recruits.

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

Period of probation, if any.

(6)

(7)

(8)

(9)

Not applicable

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

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

(10)

(11)

By deputation (including shortterm contract). Deputation (including short-term contract):

Officers of the Central Government or State Governments or Union territories or Public Sector Undertakings or autonomous and statutory bodies:

For the post of Additional Director (Capital Market):

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

(ii) with five years’ service in the grade rendered after appointment thereto on a regular basis in pay band-3, ₹ 15600-39100 with grade pay of ₹ 7600 in the parent cadre or department.

For the post of Joint Director (Capital Market):

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

or

(ii) with five years service in the grade rendered after appointment thereto on a regular basis in pay band-3, ₹ 15600-39100/- with grade pay of ₹ 6600 in the parent cadre or department; and

(B) possessing the following educational qualifications and experience:

Essential:

(i) Chartered Accountant or Company Secretary or Chartered Financial Analyst or Cost and Management Account or Master of Business Administration (Finance) or Post Graduate Diploma in Management (Finance);

(ii) ten years (for the post of Additional Director (Capital Market))/ eight

years (for the post of Joint Director (Capital Market)) experience in the field of regulation of capital market or merchant banking.

Desirable:

(i) Degree in Law from a recognised university;

(ii) should be conversant with tools and techniques of collection of evidence or recording of statement or collection, collation and presentation of best evidence to be used in prosecution proceedings.

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 five years. The maximum age limit for appointment by deputation shall be not exceeding fifty-six years as on the closing date of the receipt of applications.

Note: For purposes of appointment on deputation basis, the service rendered on a regular basis by an officer prior to 1st January, 2006 or the date from which the revised pay structure based on the Sixth Central Pay Commission recommendations has been extended, shall be deemed to be service rendered in the corresponding grade pay or pay scale extended based on the recommendations of the Commission except where there has been merger of more than one pre-revised scale of pay into one grade with a common grade pay or pay scale, and where this benefit will extend only for the post(s) for which that grade pay or pay scale is the normal replacement grade without any up gradation.

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

(12)

(13)

Not applicable.

Consultation with Union Public Service Commission necessary while appointing an officer on deputation (including short-term contract).

(1)

(2)

(3)

(4)

(5)

2. Additional Director (Financial Transactions)/Joint Director (Financial Transactions). 02*

(2015)

*Subject to variation dependent on workload.

General Central Service, Group-‘A’ Gazetted, Non-Ministerial. (i)Pay band-4, ₹ 37400-67000 plus grade pay of ₹ 8700/ (ii) Pay band-3, ₹ 15600-39100 plus grade pay of ₹ 7600. applicable.

(6)

(7)

(8)

(9)

Not applicable.

Not applicable.

Not applicable.

Not applicable.

(10)

(11)

By deputation (including shortterm contract).

By deputation (including short-term contract).

Officers of the Central Government or the State Governments or the Union territories or Public Sector Undertakings or autonomous and statutory bodies:

For the post of Additional Director (Financial Transactions):

(A) (i) holding analogous post on regular basis in the parent cadre

or department ; or

(ii) with five years’ service in the grade rendered after appointment thereto on a regular basis in pay band-3, ₹ 15600-39100 with grade pay of ₹ 7600 in the parent cadre or department.

For the post of Joint Director (Financial Transactions):

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

(ii) with five years’ service in the grade rendered after appointment thereto on a regular basis in pay band-3, ₹ 15600-39100 with grade pay of ₹ 6600 in the parent cadre or department; and

(B) possessing the following educational qualifications and experience:

Essential:

(A) (i) Chartered Accountant or Cost and Management Accountant or Company Secretary or Chartered Financial Analyst or Master of Business Administration or Master in Business Economics or Post Graduate Diploma in Management (Finance);

(B) ten years (for the post of Additional Director (Financial Transactions)/ eight years (for the post of Joint Director (Financial Transactions)), experience in the field of regulation or operation of Banking sector.

Desirable:

(i) Degree in Law from a recognised university.

Note.1: 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 five years. The maximum age limit for appointment by deputation shall be not exceeding fifty-six years as on the closing date of the receipt of applications.

Note.2: For purposes of appointment on deputation basis, the service rendered on a regular basis by an officer prior to 1st January, 2006 or the date from which the revised pay structure based on the Sixth Central Pay Commission recommendations has been extended, shall be deemed to be service rendered in the corresponding grade pay or pay scale extended based on the recommendations of the Commission except where there has been merger of more than one prerevised scale of pay into one grade with a common grade pay or pay scale, and where this benefit will extend only for the post(s) for which that grade pay or pay scale is the normal replacement grade without any up gradation.

(12)

(13)

Not applicable.

Consultation with Union Public Service Commission necessary while appointing an officer on deputation (including short-term contract).

[F. No. A-35011/29/2012-Adm.III]

MANOJ KUMAR, Jt. Secy.

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