Ministry of Corporate Affairs, the Serious Fraud Investigation Office, Assistant Director Forensic Audit), Senior Assistant Director (Forensic Audit) and Deputy Director (Forensic Audit) Recruitment Rules, 2016 - F. No. No.A.35011/28/2009-Adm.III - Companies Law

MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 30th March, 2016 G.S.R.382(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 Company Affairs, Assistant Director (Forensic Auditing), and Senior Assistant Director 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 post of Assistant Director (Forensic Audit), Senior Assistant Director (Forensic Audit) and Deputy Director (Forensic Audit) in the Ministry of Corporate Affairs, Serious Fraud Investigation Office:- 1. Short title and commencement. (1) These rules may be called the Ministry of Corporate Affairs, the Serious Fraud Investigation Office, Assistant Director (Forensic Audit), Senior Assistant Director (Forensic Audit) and Deputy Director (Forensic Audit) Recruitment Rules, 2016. (2) They shall come into force from the date of their publication in the Official Gazette. 2. Application . These rules shall apply to the posts specified in the Schedule annexed to these rules. 3. Number of posts, classification and pay band and grade pay or scale of pay. - The number of posts, its classifications and the pay band and grade pay or scale of pay attached thereto shall be as specified in columns (2) to (4) of the Schedule annexed to these rules. 4. Method of recruitment, age-limit, educational qualifications, etc . - The method of recruitment to the said post, age-limit, educational qualifications and other matters relating thereto shall be as specified in columns (5) to (13) of the 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 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. 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 and 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 Schedule 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 the Post Number of Post Classification Pay band and grade pay or pay scale Whether selection post or nonselection post Age-limit for direct recruits (1) (2) (3) (4) (5) (6) 1.Assistant Director (Forensic Audit) 04 * (2016) *Subject to variation dependent on workload General Central Service, Group- B Gazetted, Non- Ministerial Pay band-2 ₹ 9300- 34800/- plus grade pay ₹ 4800/- Not Applicable Not exceeding thirty years. Note 1: Relaxable for Government servants up to five years in accordance with the instructions or orders issued by the Central Government. Note : The crucial date for determining the age- limit shall be the closing date for receipt of applications and not the closing date prescribed for those in Assam, Meghalaya, Arunachal Pradesh, Mizoram, Manipur, Nagaland, Tripura, Sikkim, Ladakh Division of Jammu and Kashmir State, Lahaul and Spiti District and Pangi Sub-division of Chamba District of Himachal Pradesh, The Union Territory of Andaman and Nicobar Islands and Lakshwadeep. Educational and other qualifications required for direct recruits Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotes Period of probation, if any Method of recruitment : whether by direct recruitment or by promotion or by deputation or absorption and percentage of posts to be filled by various methods (7) (8) (9) (10) Essential Chartered Accountant or Cost and Management Accountant or Company Secretary or Chartered Financial Analyst or Post Graduate Diploma in Management (Finance) or Master s in Business Administration (Finance) or Master s of Business Economics, or Master s in Commerce or Bachelor s in Law. Experience: One Year experience in audit or forensic audit from any government or listed private organization. Note 1: 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 or 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. Not Applicable Two years for direct recruits By Direct Recruitment. Note 1: Vacancies caused by the incumbent being away on transfer on deputation or long illness or study leave or under other circumstances for a duration of one year or more may be filled by appointing authority on deputation basis from officers of Central Government. (A) (I) Holding analogous posts on regular basis; or (II) With two years regular service in the grade rendered after appointment thereto on a regular basis in the pay band-2 ₹ 9300-34800/- plus grade pay of ₹ 4600/-or equivalent in the parent cadre or department; or (III) With six years regular service in the grade rendered after appointment thereto on a regular basis in the Pay band-2 ₹ 9300-34800/- plus grade pay of ₹ 4200/-or equivalent in the parent cadre or department; and (B) Possessing educational qualifications and experience as prescribed for direct recruits in Col 7. Note: The 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 (including short-term contract) shall be not exceeding fifty-six years as on the closing date of receipt of applications. In case of recruitment by promotion or deputation or absorption, grades from which promotion or deputation or absorption to be made If a Departmental Promotion Committee exists, what is its Composition Circumstances in which Union Public Service Commission is to be consulted in making recruitment (11) (12) (13) Not Applicable. Group B Departmental Confirmation Committee: (1) Director, Serious Fraud Investigation Office Chairman; (2) Additional Director, Serious Fraud Investigation Office Member; (3) Deputy Secretary, Ministry of Corporate Affairs Member. Consultation with Union Public Service Commission necessary. (1) (2) (3) (4) (5) (6) 2.Senior Assistant Director (Forensic Audit) 05* (2016) *Subject to variation dependent on workload General Central Service, Group- B Gazetted, Non-Ministerial Pay Band-3 ₹ 15600- 39100/- plus grade pay ₹ 5400/- Selection Not Applicable (7) (8) (9) (10) Not Applicable Not Applicable Not Applicable 60% by promotion failing which by deputation including short-term contract, 40% by deputation including short-term contract (11) (12) (13) Promotion : The Departmental Assistant Director (Forensic Audit) in Pay band-2 ₹ 9300-34800/- with grade pay of ₹ 4800/- with two years of regular service in the grade. Note 1 : Where juniors who have completed their qualifying or eligibility service are being considered for promotion, their seniors would also be considered provided they are not short of the requisite qualifying or eligibility service by more than half of such qualifying or 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 or eligibility service. Note 2- For the purpose of computing minimum qualifying service for promotion, 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 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. Deputation (Including Short-term Contract): Officers from the Central Government or State Governments or Union territories Administrations or Pubic Sector Undertakings or Statutory or Autonomous Organisation; (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 a regular basis in the scale of pay or Pay band-2 ₹ 9300-34800/- plus grade pay of ₹ 4800/- 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 the scale of pay or Pay band-2 ₹ 9300-34800/- plus grade pay of ₹ 4600/- or equivalent in the parent cadre or department; (B) Possessing the following educational qualifications and experience: Essential Chartered Accountant, or Cost and Management Accountant, or Company Secretary, or Chartered Financial Analyst, or Post Graduate Diploma in Management (Finance), or Masters in Business Administration (Finance) or Masters of Business Economics, or Masters in Commerce or Bachelor s in Law. Experience : One year experience in audit or forensic audit in any government organisation. Note 1: The period of deputation 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 be for a period of three years extendable upto five years. Note 2: The maximum age limit for appointment by deputation [including short term contract] shall be not exceeding fifty-six years as on the closing date of the receipt of application. Note 3: For purposes of appointment on deputation (including short-term contract) 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 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 recommendation of the said Pay 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/pay scale is the normal replacement grade without any up gradation. 1 [Group B Departmental Promotion Committee for considering promotion: (i) Director, Serious Fraud Investigation Office -Chairman (ii) Additional Director, Serious Fraud Investigation Office Member (iii) Deputy Secretary, Ministry of Corporate Affairs Member ] Consultation with Union Public Service Commission necessary while appointing officer on deputation (including shortterm contract). (1) (2) (3) (4) (5) (6) 3.Deputy Director (Forensic Audit) 01 * (2016) *Subject to variation dependent on workload General Central Service, Group- A Gazetted, Non-Ministerial Pay Band-3 ₹ 15600- 39100/- plus grade pay ₹ 6600/- Selection Not Applicable (7) (8) (9) (10) Not Applicable Not Applicable Two years for Promotees By Promotion failing which by deputation including short-term contract (11) (12) (13) Promotion The Departmental Senior Assistant Director (Forensic Audit) in Pay Band-3 ₹ 15600-39100/- + Grade Pay ₹ 5400/- with five years of regular service in the grade. Note 1 Where juniors who have completed their qualifying or eligibility service are being considered for promotion, their seniors would also be considered provided they are not short of the requisite qualifying or eligibility service by more than half of such qualifying or 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 or eligibility service. Note 2- For the purpose of computing minimum qualifying service for promotion, 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 recommendations of the Sixth Central Pay Commission has been extended, shall be deemed to be service rendered in the corresponding pay or pay scale extended based on the recommendations of the said Pay Commission. Deputation (Including Short-term Contract) : Officers from the Central Government or State Governments or Union territories Administrations or Pubic Sector Undertakings or Statutory or Autonomous Organisations; (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 the Pay band-3 ₹ 15600- 39100/- plus grade pay of 5400/- or equivalent in the parent Cadre or Department; (B) Possessing the following educational qualifications and experience: Essential Chartered Accountant or Cost and Management Accountant, or Company Secretary, or Chartered Financial Analyst, or Post Graduate Diploma in Management (Finance) or Masters of Business Administration (Finance), or Masters of Business Economics, or Masters in Commerce or Bachelor s in Law. Experience Three year s experience in audit or forensic audit from any Government listed private organisation. Note 1: Period of deputation, 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 be for a period of four years. Note 2: The maximum age-limit for appointment by deputation [including short term contract] shall be not exceeding fifty six years as on the closing date of the receipt of application. Note 3: For purposes of appointment on deputation (including short-term contract) 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 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 recommendation of the said Pay 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. 1. Group A Departmental Promotion Committee (for considering promotion) consisting of : (1)Chairman or Member, Union Public Service Commission Chairman; (2) Director, Serious Fraud Investigation Office Member; (3) Additional Director, Serious Fraud Investigation Office Member; (4) Deputy Secretary, Ministry of Corporate Affairs Member. 2. Group A Departmental Confirmation Committee (for considering confirmation) consisting of: (1) Director, Serious Fraud Investigation Office Chairman; (2) Additional Director, Serious Fraud Investigation Office Member; (3) Deputy Secretary, Ministry of Corporate Affairs Member. Consultation with Union Public Service Commission necessary on each occasion. [F. No. No.A.35011/28/2009-Adm.III] MANOJ KUMAR, Jt. Secy. ************* NOTES:- 1. Corrected vide Corrigendum Notification No. G.S.R. 930(E) dated 03-12-2019 before it was read as Group B Departmental Confirmation Committee for considering confirmation: (i) Director, Serious Fraud Investigation Office Chairman (ii) Additional Director , Serious Fraud Investigation Office Member (iii) Deputy Secretary, Ministry of Corporate Affairs Member