Rajasthan Civil Services (Special Selection and Special Conditions of Service for Appointment of Persons in Anti Corruption Bureau) Rules, 2011

Published vide Notification No. G.S.R. 72, dated 19.9.2011

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G.S.R. 72. - In exercise of the powers conferred by the proviso to Art. 109 of the Constitution of India, and Section 71 of the Rajasthan Police Act, 2007 (Act No. 14 of 2007), the Governor of Rajasthan hereby makes the following rules laying down the procedure for Special Selection and Special Conditions of Service for appointment of persons to post(s) in the Anti Corruption Bureau, Rajasthan, namely: -

Short title and commencement.- (1) These rules may be called the Rajasthan Civil Services (Special Selection and Special Conditions of Service for Appointment of Persons in Anti Corruption Bureau) Rules, 2011.

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

Scope and Application.- These rules shall apply to the appointment of the person to various posts specified in the Schedule-I in the Anti Corruption Bureau in the State.
Definitions.- In these rules, unless the context otherwise requires: -

(a) "ACB" means the Anti Corruption Bureau, Rajasthan;

(b) "Appointing Authority" in respect of the State Service and other services posts means the Government of Rajasthan or such other Authority to whom this power may be delegated by the Government and in respect of other police officers as defined in sub-clause (a) of Rule 2 of the Rajasthan Police Subordinate Service Rules, 1989;

(d) "Committee" means the Committee referred to in Rule 10;

(e) "Director General of Police" means the Director General of Police as defined in the Rajasthan Police Act, 2007 (Act No. 14 of 2007);

(f) "Director General" means the Director General, Anti Corruption Bureau;

(g) "Government" means Government, of Rajasthan;

(h) "Schedule" means the Schedule appended to these rules;

(i) "State" means the State of Rajasthan; and

(j) "Year" mean the financial year.

Interpretation.- Unless the context otherwise requires the Rajasthan General Clause Act, 1955 (Rajasthan Act VIII of 1955) shall apply for the interpretation of these rules, as it applies for the interpretation of a Rajasthan Act.
Composition, Nature and strength of Posts.- (1) There shall be four categories of posts as specified in Schedule-1 to be hold on tenure basis, or as the Government may sanction from time to time,

(2) The strength of t he posts of each category shall be such as may be sanctioned by the Government from time to time:

Provided that the Government may leave unfilled or hold in abeyance or abolish any post, without thereby entitling any persons to am compensation.

Determination of Vacancies.- The Appointing Authority shall determine as soon as possible after 1st April of every year, the number of vacancies anticipated to be filled in each category during the next twelve months or as and when such contingency arises.
Tenure.- (1) After the commencement of these rules all appointments to the posts as mentioned in column 2 of Schedule-I in the Anti Corruption Bureau shall be held by the person so appointed for a tenure ordinarily not exceeding two years which may be extended by the Director General or an officer authorized by him in this behalf for further term not exceeding one year at a time but the total tenure at a stretch shall not exceed six years in any case, in the same rank, however, the maximum tenure limit of six years shall not be applicable for the post mentioned at serial number 6 and 8 of Section A, posts mentioned at serial number 12, 13, 14, 15, and 16 of Section B and all the posts mentioned in Section C of Schedule-I.

(2) A person may apply afresh on his promotion for induction in the Bureau and in such case he/she would be entitled to a further term of two years extendable to a limit of six years as mentioned in t he sub-rule (1):

Provided that as soon as the person is promoted in the parent cadre on a post carrying higher pay-scale than the post held by him/her under these rules, he/she shall be reverted back to the parent Department immediately unless his/her retention in the promoted rank is approved by the Appointing Authority.

(3) After the commencement of these rule all appointments to the posts as mentioned in column number 2 of Schedule-I in the Anti Corruption Bureau shall be deemed to be on transfer from the parent department/services and the officers concerned shall have lien on their respective posts in the parent department/services and on their reversion from such transfer they shall not have any right to protection of pay or scale of pay or status held by them as mentioned in Column 2 of Schedule-1 in the Anti Corruption Bureau unless otherwise provided in t best rules.

(4) The Director General, ACB may repatriate a person holding a post as mentioned in Column 2 of Schedule I in the Anti Corruption Bureau to his/her parent department/ service under the following conditions: -

(a) On his conviction by a Court of law, or

(b) On being challenged on the charges of moral turpitude or corruption in a Court;

(d) On his suspension from service under relevant service rules;

(e) On account of inability to perform duties due to physical or mental disabilities

(f) On his self request, or

(g) On account of such administrative exigencies, which shall be recorded in writing.

(5) The Director General of Police may recall the services of any officer as mentioned in the Section B of the Schedule - 1 of this rule in case of serious breakdown of law and order situation in any part of the State of Rajasthan.

Source of Selection.- Selection for appointment to the posts as specified in column number 2 of Schedule-I in the Anti Corruption Bureau after the commencement of these rules shall be made on the recommendations of the Committee from amongst the eligible persons as mentioned in the column 3 and 4 of Scheduled - I, who hold lien on a post or have been appointed on regular basis on the post in the Government of Rajasthan before joining duty in the Bureau.
Eligibility for Selection.- Only such persons shall be eligible for consideration for appointment to post(s) who fulfill the condition laid down in Schedule-I on 1st April of the-year in which they are considered.
Selection Committee.- (1) Selection to the posts of Add!. Superintendent of Police and Deputy Superintendent of Police in the Anti Corruption Bureau shall be made on the recommendation of the committee consisting of the following: -

1. Chief Secretary	Chairman
2. Principal Secretary, Home	Member
3. Director General of Police, Rajasthan	Member
4. Director General, ACB	Member
5. Dy. Secretary, Home	Member Secretary

(2) Selection to the posts of Deputy Director, Revenue in the Anti Corruption Bureau shall be made on the recommendation of the committee consisting of the following: -

1. Principal Secretary, Home	Chairman
2. Secretary, DOP	Member
3. Director General, ACB	Member
4. Deputy Secretary, Home	Member Secretary

(3) Selection to the post of Executive Engineer in the Anti Corruption Bureau shall be made on the recommendation of the committee consisting of the following: -

1. Principal Secretary, Home	Chairman
2. Chief Engineer, PWD	Member
3. Director General, ACB	Member
4. Dy. Secretary, Home	Member Secretary.

(4) Selection to the posts of Chief Accounts Officer. Accounts Officer and Accountant in the Anti Corruption Bureau shall be made on the recommendation of the committee consisting of the following: -

1. Principal Secretary, Home	Chairman
2. Secretary, Finance	Member
3. Director, Treasury and Accounts	Member
4. Director General, ACB	Member
5. Dy. Secretary, Home	Member Secretary

(5) Selection to the posts of Deputy Director (Prosecution) and Legal Assistants in the Anti Corruption Bureau shall be made on the recommendation of the committee consisting of the following: -

1. Principal Secretary, Home	Chairman
2. Principal Secretary, Law or his nominee	Member
3. Director General, ACB	Member
4. Director, Prosecution	Member Secretary

(6) Selection to the posts of Inspector of Police in the Anti Corruption Bureau shall he made on the recommendation of the committee consisting of the following: -

1. Direct or General, ACB	Chairman
2. Director General of Police, Rajasthan or his nominee	Member
3. Inspector General, Anti Corruption Bureau	Member
4. Superintendent of Police (Administration)	Member Secretary

(7) Selection to the posts of Sub Inspector. ASI, HC, Constable, Constable Driver mentioned in Section B and All the posts as mentioned in Section C of Schedule I, in the Anti Corruption Bureau shall be made on the recommendation of the committee consisting of the following: -

1. Additional Director General, ACB	Chairman
2. Inspector General of Police, Headquarters, PHQ	Member
3. Inspector General of Police, ACB	Member
4. Superintendent of Police (Administration), ACB	Member Secretary

(8) Selection to the posts of Programmer, Assistant Programmer in the Anti Corruption Bureau shall be made on the recommendation of the committee consisting of the following: -

1. Director General, ACB	Chairman
2. Commissioner, Information and Technology	Member
3. Superintendent of Police (Administration)	Member Secretary

(9) Selection to the posts of Public Relations Officer in the Anti Corruption Bureau shall be made on the recommendation of the committee consisting of the following: -

1. Director General, ACB	Chairman
2. Director, DPR	Member
3. Superintendent of Police (Administration):	Member Secretary

Criteria for Selection.- Selection to the posts as mentioned in Section A, B and C of Schedule I shall be made on the recommendation Committee, after an interview out of the eligible officers having regard to:

(a) Integrity;

(b) Personality and character;

(d) Tact, intelligence and energy;

(e) Previous record of Service: and

(f) Past Experience.

Procedure for Selection.- (1) As soon as it is decided that selection is to be made to fill a certain number of vacant posts as specified in Column number 2 of Schedule-I the Director General, ACB shall send a letter to the officer as mentioned in column number 5 of Schedule I against the post which is to be filled, who shall invite applications, from all eligible persons as mentioned in Column number 3 and 4 of the Schedule-I through their supervisory officer by a specified date through a general notice. The applications of the persons selection to the post(s) as specified in Column number 2 of Schedule-I under the provisions of these rules along with their Annual Performance Appraisal Reports and other Service record shall be forwarded by the concerned officers along with their comments, if any, to the Member Secretary concerned of the committee.

(2) On receipt of the applications under sub-rule (1), above the Member-Secretary of the Committee, shall prepare a list, of all the eligible candidates and shall place the same along with Annual Performance Appraisal Reports and other Service record of the candidates whose names are included in the list before the Committee which shall select candidates equal to the number of vacancies likely to be filled in, in order of their suitability and forward the names of t he candidates so selected to the appointing authority concerned:

Provided that the Committee may, if suitable persons are available, keep on reserve list more candidates whose number shall not exceed 50% of the vacancies determined. The name of such candidates may be considered for appointment if such vacancies actually occur during the same year.

Provided further that the committee may recommend names of suitable officers suo-moto, if sufficient number of suitable persons do not apply or do not get selected.

Appointment.- Appointment to the post(s) as specified in Column 2 of Schedule-I in the Anti-Corruption Bureau shall be made by the Appointing Authority concerned from amongst the officers included in the list prepared under sub-rule (2) of Rule 12 of these rules, in the order in which the names are arranged by the Committee.
Pay and other Conditions.- The scale of pay and initial pay admissible to the posts in the Bureau and other conditions relating to increase in pay on promotion in the parent cadre and retirement benefits shall be as laid down in Schedule-II and shall be such as may be sanctioned by the Government with the concurrence of the Finance Department from time to time.
Removal of doubts.- If any doubt arises relating to the application, interpretation and scope of these rules, it shall be referred to the Government in the Department of Personnel whose decision thereon shall be final.
Repeal and Saving.- The Rajasthan Civil Services (Special Selection and Special conditions of Service of Additional Superintendents of Police, Deputy Superintendents of Police and others in Anti Corruption Department) Rules, 1978, in force immediately before commencement of these rules are hereby repealed:

Provided that any action under the rules and order so superseded shall be deemed to have been taken under the provisions of these rules.

Schedule - I

Sr. No.	Name of the post	Eligibility	Remarks	Officers Inviting Application
1	2	3	4	5
Section-A
1.	Deputy Director Revenue	A persons in Senior Scale or above in the Rajasthan Administrative Services	Preference will be given to those who have special expertise /experience and having legal and practical knowledge of revenue laws	Principal Secretary, DOP
2.	Executive Engineer	A persons working on the equivalent post under the Government	Preference will be given to those who have special expertise/ experience and having practical knowledge and experience in the field of civil engineering	Principal Secretary, PWD
3.	Chief Accounts Officer	A person working on the equivalent post	Preference will be given to those who have special expertise/ experience and practical knowledge of GF&A Rules.	Secretary, Finance
4.	Deputy Director Prosecution	A person working on the equivalent post	Preference will be given to those who have expertise/experience and knowledge of laws related to anti corruption.	Principal Secretary, Law
5.	Legal Assistant	A person working on the equivalent post having 5 years experience	Preference will be given to those who have expertise/ experience and knowledge of laws related to anti corruption.	Principal Secretary, Law
6.	Programmer/Assistant Programmer	A person working on the equivalent post under the Government	Preference will be given to those who have expertise/ experience in: - (a) Computer Programming (b) Information Technology & Communication	Commissioner, IT & Communication
7.	Accounts Officer/Accountant.	A person working on the equivalent post under the Government	Preference will be given to those who have expertise/ experience and have practical knowledge of GF&A Rules.	Director, Treasury & Accounts
8.	Public Relations Officer	A person working on the equivalent post under the Government	Preference will be given to those who have expertise/ experience in public : - relations and dealing with the media.	Director, DPR
Section-B
9.	Additional Superintendent of Police	(i) Additional Superintendent of Police, or (ii) Deputy Superintendent of Police having 5 years of experience on the present Post	Preference will be given to those who have expertise/ experience and have: (a) Practical knowledge of police investigation/enquiries (b) Intelligence collection and analysis (c) Computer skills.	D.G.P.
10.	Deputy Superintendent of Police	(i) Deputy Superintendent of Police, or (ii) Police Inspector having 5 years of experience on the present post.	Preference will be given to those who have expertise/experience and have: (a) practical knowledge of police investigation and enquiries (b) Intelligence collection and analysis. (c) computer skills	D.G.P.
11.	Police Inspector	(i) Police Inspector, or (ii) Sub Inspector of Police having 5 years of experience on the present post.	Preference will be given to those who have expertise/experience and have: (a) practical knowledge of police investigation and enquiries (b) Intelligence collection and analysis. (c) computer skills.	D.G.P.
12.	Sub-Inspector of Police	(i) Sub-Inspector of Police, or (ii) Assistant Sub- Inspector of Police having 5 years of experience on the present post.	Preference will be given to those who have expertise/ experience and have: (a) Computer skills (b) intelligence collection & analysis.	D.G.P.
13.	Assistant Sub-Inspector of Police	(i) Assistant Sub-Inspector of Police, or (ii) Head Constable of Police having 5 years of experience on the present post.	Preference will be given to those who have expertise/ experience and have: (a) Computer skills. (b) intelligence collection & analysis.	D.G.P.
14.	Head Constable	(i) Head Constable of Police, or (ii) Constable of Police having 5 years of experience on the present post.	Preference will be given to those who have expertise/ experience and have: (a) Computer skills. (b) intelligence collection & analysis.	D.G.P.
15.	Constable	A person working on the equivalent post under the Government.	Preference will be given to those who have expertise/ experience and have: (a) computer skills. (b) intelligence collection & analysis.	D.G.P.
16.	Constable Driver	A person working on the equivalent post under the Government.	-	D.G.P.
Section-C
17.	Private Secretary	A person working on the equivalent post under the Government.	Preference will be given to those who have expertise/ experience in Hindi/English Shorthand knowledge and have computer skills.	D.G.P.
18.	P.A.	A person working on the equivalent post under the Government.	Preference will be given to those who have expertise/ experience in Hindi/ English Shorthand knowledge and have computer skills.	D.G.P.
19.	Steno	A person working on the equivalent post under the Government.	Preference will be given to those who have expertise/ experience in Hindi/English Shorthand knowledge and have computer skills.	D.G.P.
20.	Office Superintendent	A person working on the equivalent post under the Government.	Preference will he given to those who have expertise/ experience in RSR, CCA Rules and Rajasthan Police Subordinate Services Rules etc.	D.G.P.
21.	Office Assistant	A person working on the equivalent post under the Government.	Preference will be given to those who have expertise/ experience in RSR, CCA Rules and Rajasthan Police Subordinate Service Rules etc.	D.G.P.
22.	U.D.C.	A person working on the equivalent post under the Government.	Preference will be given to those who have expertise/ experience in Hindi/English Shorthand and have computer skills.	D.G.P.
23.	L.D.C.	A person working on the equivalent post under the Government.	Preference wall be given to those who have expertise/ experience in Hindi/English Shorthand and have computer skills.	D.G P.
24.	IV Class	A person working on the equivalent post under the Government.	-	D.G.P.

Schedule-II

[See Rule 14]

Conditions of Pay, Promotion and other conditions of service.

Scale of Pay.- On appointment to the post mentioned in Schedule-I. the Officer/Official shall draw the same pay and the same grade pay. which he/she was drawing immediately before appointment (in the substantive or officiating capacity) in the Running Pay Band with Grade Pay prescribed for the existing post. The next date of increment shall remain unchanged.
Special Allowance.- All officers except all India services posted prior to commencement of these rules or thereafter in the Bureau, shall be paid special allowance as below: -

All officers posted on the posts mentioned in column 2 of Schedule-I shall be paid special allowance at the rate of 25% of the basic pay of their substantive post, during their tenure in the Bureau.

Police Uniforms.- If the person concerned is posted from the Police Department to the Anti-Corruption Bureau will continue to enjoy the same Police uniform benefits and allowances as admissible to police officers of the corresponding rank.
Promotion in the Parent Cadre.- As soon as the person is promoted in his parent cadre on higher post, he shall be reverted back to the parent department immediately unless his/her retention on the promoted post is approved by the appointing authority under these rules.
Pension, Provident Fund etc.- If the person concerned retires while holding the post under the provisions of these rules his/her emoluments for the purpose of calculating Pension Gratuity etc. under the provisions of Rule 45 of Rajasthan Civil Services (Pension), Rules, 1996, as the case may be, shall be taken at the rates what he/she would have been entitled to had he/she not been appointed in the Bureau under these rules.

If a person is member of Rajasthan Civil Services (Contributory Pension), Rules, 2005, he shall continue to subscribe to the Scheme on the basis of pay which he should have drawn had he not been appointed under these rules.