Home India Ministry of Corporate Affairs In exercise of the powers conferred by subsection 5 of Secti...
Date: 2016-03-18 Category: Extra Ordinary State: Union Government Country: India

In exercise of the powers conferred by subsection 5 of Section 211 of the Companies Act 2013

Issued by Ministry of Corporate Affairs · Not Applicable

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Executive Summary & Key Takeaways

Executive Summary: This document outlines the recruitment rules for Additional Director/Joint Director positions in the Serious Fraud Investigation Office (SFIO) under the Ministry of Corporate Affairs. It supersedes previous recruitment rules from 2011, with the new rules taking effect on the date of publication in the Official Gazette (March 18, 2016). The rules specify the method of recruitment, age limit, qualifications, and other relevant criteria for these positions. Key Points / Main Content: * **General Provisions:** * The rules apply to the posts of Additional Director Forensic Audit/Joint Director Forensic Audit and Additional Director Investigation/Joint Director Investigation in the SFIO. * The number of posts, classification, pay scale are specified in the Schedule annexed to the rules. * The method of recruitment, age limit, educational qualifications are specified in the Schedule. * **Eligibility and Disqualifications:** * A person with a spouse living is ineligible for appointment unless the Central Government deems the marriage permissible under applicable personal law. * The Central Government can relax provisions of these rules after recording reasons in writing and consulting with the Union Public Service Commission (UPSC). * Existing reservations, age relaxations, and concessions for Scheduled Castes, Scheduled Tribes, ex-servicemen, and other special categories will remain in effect. * **Recruitment Method (Deputation/Short-Term Contract):** * Recruitment is by deputation, including short-term contract, from officers of Central Government, State Governments, Union Territory Administrations, Central/State Public Sector Undertakings, or semi-Government/Autonomous Organizations. * For Additional Director positions, candidates must hold an analogous post or have five years of service in Pay Band 3 (Rs. 15600-39100) with a grade pay of Rs. 7600. * For Joint Director positions, candidates must hold an analogous post or have five years of service in Pay Band 3 (Rs. 15600-39100) with a grade pay of Rs. 6600. * Maximum age limit for appointment by deputation is 56 years as of the closing date for applications. * Deputation period should not exceed five years, extendable to seven. * **Educational Qualifications and Experience:** * **Additional Director Forensic Audit/Joint Director Forensic Audit:** * Essential: Chartered Accountants, Cost Accountants, MBA (Finance), Post Graduate Diploma in Management (Finance), Master in Business Economics, or Master in Commerce. * Experience: Ten years (Additional Director) or eight years (Joint Director) in forensic auditing, commercial audit, internal audit, or investigation of accounts. * Desirable: Conversant with tools for evidence collection and presentation. * **Additional Director Investigation/Joint Director Investigation:** * Essential: Bachelor's Degree from a recognized University. * Experience: Twelve years (Additional Director) or ten years (Joint Director) in enforcement of economic laws and intelligence gathering. * Desirable: Degree in Law, Commerce, or Economics; conversant with tools for evidence collection. * **Role of UPSC:** * Consultation with UPSC is necessary when appointing an officer on deputation or short-term contract. Impact Analysis: * **Central Government (Ministry of Corporate Affairs):** * *Impact:* Governed by the new rules for recruiting Additional Directors and Joint Directors in the SFIO. * *Action Required:* Implement the rules for future recruitment processes. * **Serious Fraud Investigation Office (SFIO):** * *Impact:* Staffing and organizational structure will be impacted by these recruitment rules. * *Action Required:* Align recruitment procedures with the new rules. * **Potential Candidates (Government Officers):** * *Impact:* Eligibility and application process for Additional Director/Joint Director positions are defined by these rules. * *Action Required:* Review qualifications and experience against the specified criteria before applying. * **Union Public Service Commission (UPSC):** * *Impact:* Required to be consulted during the relaxation of rules and appointment of officers on deputation/short-term contract. * *Action Required:* Participate in the consultation process as required.

Key Entities Referenced

Companies Act, 2013: A law enacted by the Parliament of India that governs company law in India. Serious Fraud Investigation Office: An organization under the Ministry of Corporate Affairs responsible for investigating white-collar crimes and frauds. Ministry of Corporate Affairs: A ministry in the Government of India responsible for regulating corporate affairs. Additional Director Forensic Audit: A position within the Serious Fraud Investigation Office responsible for forensic auditing. Joint Director Forensic Audit: A position within the Serious Fraud Investigation Office involved in forensic auditing. Additional Director Investigation: A position within the Serious Fraud Investigation Office responsible for investigations. Joint Director Investigation: A position within the Serious Fraud Investigation Office involved in investigations. Union Public Service Commission: Constitutional body in India responsible for conducting recruitment examinations and advising the government on personnel matters.
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(13) any aéi eet | Reet aaftenrdt ar sfafeahe (Grae stata sreverferen dfaar oft a) ot Frater aa [r. @. U.3501 1/29/201 2-937 IL MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi. the 18th March 2016 G.S.R. 319(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 (Forensic Audit) (Group *A° Post) Recruitment Rules 2011 and the Serious Fraud Investigation Office. Ministry of Corporate Affairs, Additional Director (Investigation) (Group “A* Post) Recruitment Rules.2011. 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 (Forensic Audit) or Joint Director (Forensic Audit) and Additional Director (investigation) or Joint Director (Investigation) 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 (Forensic Audit) or Joint Director (Forensic Audit) and Additional Director Unvestigation) or Joint Director (Investigation) Group ‘A’ Post Recruitment Rules, 2016. (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 sald 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. s. 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.6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART IE-—SEC. 3()] SCHEDULE Name of post | Number of post | Classification Pay band and grade pay or ~ Whether selection pay scale post or non- a selection post Wo JR) (3) (4) — (9) l. Additional | 02* General Central | (i)Pay band-4, Rs.37400- | Not applicable Director (Forensic | (2016) Service, Group-"A’ | 67000 plus grade pay of Audit) or Joint Gazetted, Rs.8700 for the post of Director *Subject to | Non-Ministerial Additional Director (Forensic (Forensic Audit) variation Audit)/ dependent on | workload (i)Pay band-3. Ks.15600- | 39100 plus grade pay of Rs.7600 for the post of Joint | Director (Forensic Audit). | _ re _ L 1 Age limit for | Educational and other | Whether age and educational qualifications | Period of probation, if direct recruits | qualifications required | prescribed for direct recruits will apply in the | any | for direct recruits | case of promotees | 6) |) . (8) |. (9) Not applicable | __ Not applicable Not applicable | Not applicable Method of — recruitment | In case of recruitment by promotion or deputation or absorption, grades from which whether by direct | promotion or deputation or absorption is to be made recruitment or by promotion or by — deputation — or absorption and percentage of the vacancies to be filled by various methods (10) Oo (11) By Deputation including | Deputation (including short-term contract) : short-term contract. Officers of Central Government or State Governments or Union Territory Administrations or Central or State Public Sector Undertakings or semi- Government or Autonomous Organisations: A. For the post of Additional Director (Forensic Audit): (A) (1) holding analogous post in the parent cadre or department on regular basis ; or (II) with five years’ service in the grade rendered after appointment thereto on a regular basis in the Pay Band-3, Rs. 15600-39100 with grade pay of Rs.7600 in the parent cadre or department . B._For the post of Joint Director (Forensic Audit): (A) () holding analogous post in the parent cadre or department on regular basis ; or (11) with five years service in the grade rendered afier appointment thereto on a regular basis in Pay Band-3, Rs.15600-39100 with grade pay of Rs.6600 in the parent cadre or department; and (B) possessing the following educational qualification and experience:- Essential: (1) Chartered Accountants or Cost Accountants or Master in Business Administration (Finance) or Post Graduate Diploma in Management (Finance) or Master in Business Economics or Master in Commerce: and (II) ten years {for the post of Additional Director (Forensic Audit)} or eight years {for the post of Joint Director (Forensic Audit)} experience in the field of forensic auditing or commercial audit or internal audit division or investigation of accounts[it aS 30) | HRA AL USGA + HET 7 | and auditing. | Desirable: (1) 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. 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 organization or department of the Central Government shall ordinarily not to exceed five vears (extendable up to seven years). “Note 2: The maximum age limit for appointment by deputation shall be not exceeding | filly-six vears as on the closing date of the receipt ofapplications. Note 3: For the purposes of appointment on deputation basis. the service rendered on a regular basis by an officer prior to I* January, 2006 or the date trom which the revised | pay structure based on the recommendations of the Sixth Central Pay Commission 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 said Pay Commission | except where these 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. Ifa Departmental Promotion Committee exists, T what {s its composition 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) 8B) (4) GO) 2. Additional Director O8* Gencral Central | (j)Pay band-4. Rs.37400- Not applicable. (Investigation) or Joint (2016) Service, Group-"A* | 67000 plus grade pay of | Director (Investigation). *Subject to | Gazetted, Non- | Rs.8700 for the post of variation Ministerial. Additional Director dependent (Investigation) / on (ii) Pay band-3. Rs.15600- workload. 39100 plus grade pay of Rs.7600 for the post of Joint | _ Director (Investigation) | ee (6) - Not applicable. | Not applicable. Not applicable. | Not applicable. (10) (11) By Deputation, including short-term By Deputation(including short-term contract) : Officers of Central Government or State Government or Union Territory contract. Administrations or Central or State Public Sector Undertakings or semi- | Government or autonomous Organisations: A. For the post of Additional Director (Investigation): (A) (1) 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 the pay band-3. Rs. 15600-39100 with vrade pay of Rs.7600 in the parent cadre or department.THE GAZETTE OF INDIA : EXTRAORDINARY [PART H- Src. 3G)| B. For the post of Joint Director (Investigation) : (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,Rs.15600-39100 with grade pay of Rs.6600 in the parent cadre or department. (B) possessing the following educational qualification and experience: Essential: (A) (1) Bachelor’s Degree from a recognised University, and (II) twelve years {for the post of Additional Director (Investigation)} or ten years {for the post of Joint Director (investigation)} in the field of enforcement of economic laws offences and collection of intelligence | thereto. Desirable: (1) Degree in Law or Commerce or Economics: (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 prasecution proceedings. Note I: 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 organization or department of the Central Government shall ordinarily not to exceed five years (extendable up to seven years). Note 2: 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 3: For the purposes of appointment on deputation (including short- term contract) basis, the service rendered on a regular basis by an officer prior to I" January, 2006 the date from which the revised pay structure based on the recommendations of the Sixth Central Pay Commission 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 said Pay Commission except where these has been merger of more than one pre-revised scale of pay into one grade with a common grade pay or pay seale. 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 (12) oe (13) | Not applicable. Consultation with Union Public Service Commission necessary while appointing an officer on deputation (including short-term contract). |F. No. A.3501 1/29/2012-Adm.U1] MANOJ KUMAR. Jt. Secy. Uploaded by Dte. of Printing at Government of India Press. Ring Road, Mayapuri. New Delhi-1 10064 and Published by the Controller of Publications. Delhi-11005+1.

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