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Competition Commission Of India (Number Of Additional, Joint, Deputy Or Assistant Director-General Other Officers And Employees, Their Manner Of Appointment, Qualification, Salary, Allowances And Other Terms And Conditions Of Service) Rules, 2009


The Competition Commission Of India (Number Of Additional, Joint, Deputy Or Assistant Director-General Other Officers And Employees, Their Manner Of Appointment, Qualification, Salary, Allowances And Other Terms And Conditions Of Service) Rules, 2009

Published vide G.S.R. 338(E), dated 15.5.2009, published in the Gazette of India, Extraordinary, Part II, Section 3(i), Sl. No. 290, dated 15.5.2009.

397

In exercise of the powers conferred by clauses (da), (e) and (f) of sub-section (2) of section 63 read with sub-sections (1-A), (3) and (4) of section 16 of the Competition Act, 2002 (12 of 2003) the Central Government hereby makes the following rules, namely:—

  1. Short title and commencement .—(1) These rules may be called The Competition Commission of India (Number of Additional, Joint, Deputy or Assistant Director-General Other Officers and Employees, their Manner of Appointment, Qualification, Salary, Allowances and Other Terms and Conditions of Service) Rules, 2009.

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

  1. Definitions .—(1) In these rules, unless the context otherwise requires,—

(a) “Act” means the Competition Act, 2002 (12 of 2003);

(b) “Commission” means the Competition Commission of India established under sub-section (1) of section 7 of the Act;

[* * *]

(2) Words and expressions used but not defined in these rules and defined in the Competition Act, 2002 (12 of 2003) shall have the same meaning assigned to them in that Act.

  1. Salary and allowances of the Director-General, Additional, Joint, Deputy or Assistant Director-General and officers and other employees of the office of Director-General and their number .—The salary and allowances of the Director-General, Additional, Joint, Deputy or Assistant Director-General and officers and other employees of the office of Director-General and the number of Additional, Joint, Deputy or Assistant Director-General and officers and other employees of the office of Director-General shall be as specified in Schedule I.
  2. Conditions of service .—(1) The conditions of service of the Director--General, Additional, Joint, Deputy or Assistant Director-General and officers and other employees of the office of Director-General and any other category of employees in the matter of leave, joining time, joining time pay, age of superannuation, traveling allowance and leave travel concession shall be regulated in accordance with such rules and regulations as are, from time to time, applicable to officers and employees of the Central Government drawing similar pay scales.

(2) The Director-General, Additional, Joint, Deputy or Assistant Director-General and officers and other employees of the office of Director-General shall be eligible for general pool accommodation till a separate office and residential complex for the Commission is constructed.

(3) The Director-General, Additional, Joint, Deputy or Assistant Director-General and officers and other employees of the office of Director-General on deputation, who are Government employees and have been allotted residential accommodation under general pool shall be eligible to retain the facility of Government residential accommodation.

(4) The Director-General, Additional, Joint, Deputy or Assistant Director-General and officers and other employees of the office of Director-General not allotted accommodation shall be eligible for House Rent Allowance as admissible to officers and employees of the Central Government drawing similar pay scales.

(5) The Director-General, Additional, Joint, Deputy or Assistant Director-General and officers and other employees of the office of Director-General including those on deputation while in service with the Commission shall be entitled to medical facilities as specified in Schedule II.

(6)(i) The Director-General, Additional, Joint, Deputy or Assistant Director--General and officers and other employees of the office of Director-General appointed on deputation, shall continue to be governed by Provident Fund Schemes as are applicable to them in their parent Ministry or Department or organisation;

(ii) The Commission shall recover contribution towards provident fund from such Director-General, Additional, Joint, Deputy or Assistant Director-General and officers and other employees of the office of Director-General and remit the amount immediately to the lending Ministry or Department or organisation.

(iii) Any loss of interest on account of late remittance shall be borne by the Commission.

(7) The Director-General, Additional, Joint, Deputy or Assistant Director-General and officers and other employees of the office of Director-General other than those on deputation shall be entitled Group Insurance as per the scheme to be formulated by the Commission in consultation with the Central Government:

Provided that in the case of the Director-General, Additional, Joint, Deputy or Assistant Director-General and officers and other employees of the office of Director-General appointed on deputation, shall continue to be governed by the Group Insurance Schemes as are applicable to them in their parent Ministry or Department or organisation.

(8)(i) The Commission shall recover contribution towards the insurance schemes from such Director-General, Additional, Joint, Deputy or Assistant Director-General and officers and other employees of the office of Director-General and remit the amount immediately to the lending Ministry or Department or organisation.

(ii) Any loss of interest on account of late remittance shall be borne by the Commission.

(9) The Director-General, Additional, Joint, Deputy or Assistant Director-General and officers and other employees of the office of Director-General who are not on deputation shall be governed by the new pension scheme.

(10) The Director-General, Additional, Joint, Deputy or Assistant Director-General and officers and other employees of the office of Director-General who are on deputation shall be eligible for pension and retirement benefits, if any, as are available to them in their parent organisation.

  1. Official visits abroad .—Official visits abroad by Director-General, Additional, Joint, Deputy or Assistant Director-General and officers and other employees of the office of Director-General shall be undertaken with the prior approval of the Chairperson or any other Member or officer of the Commission authorised by the Chairperson.

(2) Foreign visits of Additional Secretary and above level officers will be regulated as per guidelines or instructions issued by Central Government from time to time.

(3) Per Diem and other allowances will be admissible as per Ministry of External Affair’s existing instructions.

  1. Deputation allowance .—The persons selected on deputation basis shall be given an option to either opt for the pay scale and other service benefits of the borrowing organisation or to retain their own pay scales and get deputation allowance, as per the existing instructions of the Government of India on the subject.

[7. Procedure for recruitment - The recruitment of Additional, Joint, Deputy or Assistant Director-General and officers and other employees of the office of Director-General shall be made by the Central Government in the manner as specified in schedule-III.]

  1. Qualification .—The person to be appointed as Director-General, Additional, Joint, Deputy or Assistant Director-General and officers and other employees should be a person of integrity and outstanding ability and who have experience in investigation, and knowledge of accountancy, management, business, public administration, international trade, law or economics.
  2. Residuary provision .—Matters relating to the terms and conditions of service of the Director-General, Additional, Joint, Deputy or Assistant Director--General and officers and other employees of the office of Director-General with respect to which no express provision has been made in these rules, shall be referred by the Commission to the Central Government for its decision.
  3. Powers to relax .—The Central Government shall have power to relax the provisions of any of these rules in respect of any class or category of persons.

[SCHEDULE I]

[See rule 3]

Post of Professionals in the office of DG-CCI
Sl. No. Name of post No. of posts Pay band Grade pay
1. Director-General 1 Rs. 37,400-67,000 Rs. 10,000 or Rs. 12,000
2. Additional Director-General 4 Rs. 37,400-67,000 Rs. 8,900
3. Joint Director-General 8 Rs. 37,400-67,000 Rs. 8,700
4. Deputy Director-General 20 Rs. 15,600-39,100 Rs. 7,600
 

 

Support Staff in the office of DG-CCI
Sl. No. Name of post No. of posts Pay band Grade pay
1. Deputy Director-General 1 Rs. 15,600-39,100 Rs. 7,600
2. Assistant Director-General 3 Rs. 15,600-39,100 Rs. 6,600
3. Office Manager 4 Rs. 9,300-34,800 Rs. 5,400

Note. - The pay scale of the post of Director General may be kept flexible at Rs. 37,400 - 67,000 with Grade Pay of Rs. 10,000 or Rs. 37,400 - 67,000 with Grade Pay of Rs. 12,000 as may be decided by the Competent Authority, so that suitable incumbents may be appointed against this post.

SCHEDULE II

[See rule 4(3)]

MEDICAL FACILITIES

  1. Outdoor Medical expenses- (i) Director-General, Additional, Joint, Deputy or Assistant Director-General and officers and other employees of the office of Director General shall be eligible to get medical reimbursement for self and declared members of family.

Explanation.- For the purpose of this clause, the expression “family” has the same meaning as assigned to it in the Central Services (Medical Attendance) Rules, 1944.

(ii) The reimbursement of outdoor medical expenses during the year shall be limited to the actual expenses or one month’s pay on 1st January of the year (Basic pay + Dearness Allowance) whichever is less.

(iii) The claim should be supported by Doctor’s prescription and the original cash memos or bills for treatment by the Doctor and purchase of medicines and the release of increment or promotion during the year shall not affect the limit as on 1st January.

(iv) For Director-General, Additional, Joint, Deputy or Assistant Director-General and officers and other employees of the office of Director General joining during the year, the annual entitlement shall be restricted on pro-rata basis.

(v) The outdoor treatment shall be taken from the Authorised Medical Attendants from the panel to be maintained by the Commission.

  1. Indoor treatment- (i) For the purpose of indoor treatment the Director-General, Additional, Joint, Deputy or Assistant Director-General and officers and other employees of the office of Director-General shall be entitled for medical treatment at hospitals authorised by the Commission in this behalf, and for this purpose cost of treatment including hospital accommodation, nursing home facility, etc. shall be as per the provisions of the Central Services (Medical Attendants) Rules, 1944 as applicable to the Central Government employees drawing equivalent pay.

(ii) The authorised hospitals for the purpose of clause (i) shall be the same as are available to the Central Government employees regulated by Central Services (Medical Attendance) Rules, 1944.

(iii) Treatment at authorised hospitals may be taken on the advice of the Authorised Medical Attendants except in emergency.

[

SCHEDULE III

[see rule 7]

Name of post Number of post Classification Pay band with Grade pay or pay scale Whether selection Post or non-selection Post Whether benefit of added years of services admissible under the rule 30 of Central Civil Services (Pension) Rules 1972 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 case of promotees Period of probation, if any Method of recruitment whether by direct recruitment or by promotion or by deputation and percentage of vacancies to be filled by various methods In case of recruitment by promotion or deputation or transfer or grades from which promotion or deputation or transfer 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
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)
1. Additional Director-General (Financial Analysis) 1(One)*(2009) *Subject to variation dependent on work load Not applicable Rs. 37400-67000+Grade Pay Rs. 8900 Selection Not applicable Not applicable - Not applicable Not applicable By deputation or short term contract By deputation Essential: Officers of the All India Services or Central Civil Services Group 'A' or Autonomous Organisations or Regulatory Authorities or Universities or Academic or Research Institutions etc having a Master's Degree in Business Administration (Finance) or Chartered Accountant or Company Secretary or Cost Accountant and working in analogous post or grade or two years experience in the grade pay of Rs. 8700 or six years in the grade pay of Rs. 7600 or equivalent and having experience in investigation under any economic law Desirable Experience in Financial Analysis related to Competition issues Selection Committee consisting of:- (i) Secretary Ministry of Corporate Affairs Chairman (ii) Representative of Competition Commission of India not below the level of Joint Secretary-Member (iii) Expert nominated by the Central Government Member Not applicable
2. Additional Director-General (Economics) *1(one) (2009) *Subject to variation dependent on work load Not applicable Rs. 37400-67000+Grade Pay Rs. 8900 Selection Not applicable Not applicable - Not applicable Not applicable By deputation or short term contract By Deputation Essential: Officers of the All India Services or Central Civil Services Group 'A' or Indian Economic Service or Autonomous Organisations or Regulatory Authorities or Universities or Academic or Research Institutions etc. having a Master's Degree in Economics and working in analogous post or grade or two years experience in the grade pay of Rs. 8700 or six years in the grade pay of Rs. 7600 or equivalent and having experience in investigation under any economic law. Desirable: Experience in Competition Law Selection Committee consisting of :- (i) Secretary, Ministry of Corporate Affairs-Chairman (ii) Representative of, Competition Commission of India not below the level of Joint Secretary-Member (iii) Expert nominated by the Central Government Member Not applicable
3. Additional Director-General (Law) 2* (Two) (2009) *Subject to variation dependent on work load Not applicable Rs. 37400-67000+Grade Pay Rs. 8900 Selection Not applicable Not applicable - Not applicable Not applicable By deputation or short term contract By Deputation: Essential: Officers of the All India Services/Central Civil Services Group 'A' or Indian Law Service or Indian Corporate Law Service or Autonomous Organisations or Regulatory Authorities or Universities or Academic or Research or Judicial Institutions having Bachelor's Degree in Law from a recognised university and working in analogous post or grade or two years experience in the grade pay of Rs. 8700 or six years in the grade pay of Rs. 7600 or equivalent and having experience in investigation under any economic law. Desirable: Experience in Competition Law Selection Committee consisting of :- (i) Secretary, Ministry of Corporate Affairs-Chairman (ii) Representative of Competition Commission of India not below the level of Joint Secretary-Member (iii) Expert nominated by the Central Government Member Not applicable
4. Joint Director-General (Financial Analysis) 2(Two)*(2009) *Subject to variation dependent on work load Not applicable Rs. 37400-67000+Grade pay Rs. 8700 Selection Not applicable Not applicable - Not applicable Not applicable By deputation or short term contract By Deputation: Essential: Officers of the All India Services/Central Civil Services Group 'A'/ Autonomous Organisations/ Regulatory Authorities/ Universities/ Academic/ Research Institutions with a Master's Degree in Business Administration (Finance)/ Chartered Accountant/ Company Secretary/ Cost and Works Accountant and working in analogous posts/ grade or five years in the grade pay of Rs. 7600 or ten years in the grade pay of Rs. 6600 or equivalent and having experience in investigation under any economic law. Desirable: Experience in financial analysis related to competition issues Selection Committee consisting of :- (i) Secretary, Ministry of Corporate Affairs-Chairman (ii) Representative of Competition Commission of India not below the level of Joint Secretary-Member (iii) Expert nominated by the Central Government Member Not applicable
5. Joint Director-General (Economics) 3(Three) *(2009) *Subject to variation dependent on work load Not applicable Rs. 37400-67000+Grade Pay Rs. 8700 Selection Not applicable Not applicable - Not applicable Not applicable By Deputation or short term contract By Deputation: Eligibility: Essential: Officers of the All India Services or Central Civil Services Group 'A' or Indian Economic Service/ Indian Statistical/ Service/ AutonomousOrganisations or Regulatory Authorities/ Universities/ Academic/ Research Institutions etc. with Master's Degree in Economics/ Statistics and working in analogous posts/ grade or five years in the grade pay of Rs. 7600 or ten years in the grade pay of Rs. 6600 or equivalent and having experience in investigation under any economic law. Desirable: Experience in Competition Economics Selection Committee consisting of :- (i) Secretary, Ministry of Corporate Affairs-Chairman (ii) Representative of Competition Commission of India not below the level of Joint Secretary-Member (iii) Expert nominated by the Central Government Member Not applicable
6. Joint Director-General (Law) 3(Three) *(2009) *Subject to variation dependent on work load Not applicable Rs. 37400-67000+Grade Pay Rs. 8700 Selection Not applicable Not applicable - Not applicable Not applicable By Deputation or short term contract By Deputation: Eligibility: Essential: Officers of the All India Services/ Central Civil Services Group 'A' or Indian Law Service/ Indian Corporate Law Service/ Autonomous (Central/ State Government) Organisations/ Regulatory Authorities/ Universities/ Academic/ Judicial Institutions etc. having Degree in Law from a recognised university and working in analogous post or grade or five years in the grade pay of Rs. 7600 or ten years in the grade pay of Rs. 6600 or equivalent and having experience in investigation under any economic law. Desirable: Experience in Competition Law Selection Committee consisting of :- (i) Secretary, Ministry of Corporate Affairs-Chairman (ii) Representative of Competition Commission of India not below the level of Joint Secretary-Member (iii) Expert nominated by the Central Government Member Not applicable
7. Deputy Director-General (Financial Analysis) 4(Four) *(2009) *Subject to variation dependent on work load Not applicable Rs. 15600-39100+Grade Pay Rs. 7600 Not applicable Not applicable Not applicable - Not applicable Not applicable By Deputation or short term contract By Deputation: Essential: Officers from the All India Services/ Central Civil Services Group 'A'/ Autonomous Organisations/ Regulatory Authorities/ Universities/ Academic/ Research Institutions etc. with a Master's Degree in Commerce/ Master's Degree in Business Administration with Finance and accounts/ Chartered Accountant/ Company Secretary/ Costs and Works Accountant and working in analogous post/ grade or five years service in the grade pay of Rs. 6600 or equivalent and having experience in investigation under any economic law. Desirable: Experience in Competition Law Selection Committee consisting of :- (i) Additional Secretary, Ministry of Corporate Affairs-Chairman (ii) Representative of Competition Commission of India not below the level of Joint Secretary-Member (iii) Expert nominated by the Central Government Member Not applicable
8. Deputy Director-General (Financial Analysis) 8(Eight) *(2009) *Subject to variation dependent on work load Not applicable Rs. 15600-39100+Grade Pay Rs. 7600 Selection Not applicable Not applicable - Not applicable Not applicable By Deputation or short term contract By Deputation: Essential: Officers from the All India Services/ Central Civil Services Group 'A'/ Indian Economic Services/ India Statistical Services/ Autonomous Organisations/ Regulatory Authorities/ Universities/ Academic/ Research Institutions etc. with a Master's Degree in Economics/ Statistics and working in analogous post/ grade or five years service in the grade pay of Rs. 6600 or equivalent and having experience in investigation under any economic law. Desirable: Experience in Competition Law Selection Committee consisting of :- (i) Additional Secretary, Ministry of Corporate Affairs-Chairman (ii) Representative of Competition Commission of India not below the level of Joint Secretary-Member (iii) Expert nominated by the Central Government Member Not applicable
9. Deputy Director-General (Law) 8(Eight) *(2009) *Subject to variation dependent on work load Not applicable Rs. 15600-39100+Grade Pay Rs. 7600 Selection Not applicable Not applicable - Not applicable Not applicable By Deputation or short term contract By Deputation: Essential: Officers from the All India Services/ Central Civil Services Group 'A'/ Indian Law Services/ Indian Corporate Law Service/ Autonomous Organisations/ Regulatory Authorities/ Universities/ Academic/ Research Institutions etc. having Bachelor's Degree in Law from a recognised university and working in analogous post/ grade or five years service in the grade pay of Rs. 6600 or equivalent and having experience in investigation under any economic law. Desirable: Experience in Competition Law Selection Committee consisting of :- (i) Additional Secretary, Ministry of Corporate Affairs-Chairman (ii) Representative of Competition Commission of India not below the level of Joint Secretary-Member (iii) Expert nominated by the Central Government Member Not applicable
10. Deputy Director-General (Corporate Services) 1(One) *(2009) *Subject to variation dependent on work load Not applicable Rs. 15600-39100+Grade Pay Rs. 7600 Selection Not applicable Not applicable - Not applicable Not applicable By Deputation or short term contract By Deputation: Bachelor's Degree or equivalent in any discipline from a recognised university Eligibility: Officers working in analogous post/ grade or five years experience in the grade pay of Rs. 6600 or equivalent in the relevant field (Establishment/ Personnel Management/ Secretarial Practices/ Administration) Desirable: Higher qualification and experience will be given preference Selection Committee consisting of :- (i) Additional Secretary, Ministry of Corporate Affairs-Chairman (ii) Representative of Competition Commission of India not below the level of Joint Secretary-Member (iii) Expert nominated by the Central Government Member Not applicable
11. Assistant Director-General (Corporate Services) 3(Three) *(2009) *Subject to variation dependent on work load Not applicable Rs. 15600-39100+Grade Pay Rs. 7600 Selection Not applicable Not applicable - Not applicable Not applicable By Deputation or short term contract By Deputation: Bachelor's Degree or equivalent in any discipline from a recognised university Eligibility: Officers working in analogous post/ grade or five years experience in the grade pay of Rs. 5400 or six years in the grade pay of Rs. 4600 or ten years in the grade pay of Rs. 4200 or equivalent in the relevant field (Establishment/ Personnel Management/ Secretarial Practices/ Administration) Desirable: Higher qualification and experience will be given preference Selection Committee consisting of :- (i) Joint Secretary, Ministry of Corporate Affairs-Chairman (ii) Representative of Competition Commission of India not below the level of Director Member (iii) Outside expert if considered necessary may be co-opted by the committee-Member Not applicable
12. Office Manager (Corporate Service) 4(Four) *(2009) *Subject to variation dependent on work load Not applicable Rs. 9300-34800+Grade pay Rs. 5400 Selection Not applicable Not applicable - Not applicable Not applicable By Deputation or short term contract Officers working in analogous post/ grade or five years experience in the grade pay of Rs. 4800 or three years in the grade pay of Rs. 4600 or eight years in the grade pay of Rs. 4200 or equivalent in the relevant field (Establishment/ Personnel Management/ Secretarial Practices/ Administration) Desirable: Higher qualification and experience will be given preference Selection Committee consisting of :- (i) Joint Secretary, Ministry of Corporate Affairs-Chairman (ii) Deputy Secretary, Ministry of Corporate Affairs-Chairman (iii) Representative of Competition Commission of India not below the level of Deputy Secretary Member Not applicable

 

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