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Procedure for selection of Special Public Prosecutors (SPPs) for handling CBEC cases before the Subordinate Courts/Courts of Session and High Court

Central Excise - No. 278A/54/2015-Legal - Dated:- 29-2-2016 - GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE CENTRAL BOARD OF EXCISE AND CUSTOMS (LEGAL CELL) C-Wing, 5th Floor, Hudco Vishala Bldg., Bhikaji Cama Place, R.K. Puram, New Delhi, the 29th February, 2016 INSTRUCTION To 1. All the principal Chief Commissioners/Chief Commissioners of Customs/Central Excise/Service Tax. 2. The Directors General, Revenue Intelligence/ CEI. 3. < webmaster.cbec@icegate.gov.in>; Webmaster .....

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l be examined as per the earlier procedure. 3. Difficulties faced, if any, in implementation of these Instructions may be brought to the notice of the Board. This issues with the approval of the Competent Authority in Ministry of Finance. No. 278A/54/2015-Legal (Y S Karoo) Under Secretary (Legal) Under Secretary (Legal). In order to streamline the procedure for selection of SPPs for handling CBEC cases before the Subordinate Courts/Courts of Session and High Court, the following procedure is lai .....

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e-1 will be the nodal authority. This vacancy position will then be circulated to all the Commissioners. Based on the requirement, the following procedure will be adopted:- 2. Procedure for engagement 2.1 The concerned Commissioner will at least 5 months before the expiry of the term of the existing SPP or immediately on occurrence of the vacancy due to any reason such as resignation, death, removal, promotion, fresh recruitment etc. will call for applications either by advertisement in local ne .....

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r. The fresh application should be received within 3 weeks of the date of "Notice of Application". 2.3 A three-member Committee shall be formed for the purpose of evaluation of the proposals received (both seeking extension and fresh applicants). The Committee will comprise of the concerned Commissioner and a Commissioner nominated by the concerned Chief Commissioner. The 3rd Member will be the Zonal Addl. Director General of the Dte. of Revenue Intelligence, failing which the Zonal Ad .....

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will send his views along with the recommendations of the Committee to the Board at least 2 months before the date of expiry of the term of SPP. The Chief Commissioner will submit the proposal for renewal of the period of engagement to the Board for existing SPPs' in the proforma-I. It should be ensured that the process of engagement is transparent and broad based. 2.4 The Board will thereafter examine such proposals received from the Chief Commissioner for appointment/extension of SPPs. 2.5 .....

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Cell of the Board by 31 st March of the following year in the proforma-II. 4. The concerned Chief Commissioner will ensure equitable distribution of workload to all SPPs in his jurisdiction. 5. In this regard, it is brought to the notice that the Ministry of Law and Justice appoints Additional Public Prosecutors/public Prosecutors for defending the interests of Union of India in various criminal/prosecution matters within the jurisdiction of the concerned High Court/Subordinate Courts, whose se .....

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