The Indo-Tibetan Border Police Force, Judge Attorney General (Additional Deputy Inspector General) Additional Attorney General (Commandant) Deputy Judge Attorney General (Deputy Commandant) And Attorney (Assistant Commandant) Recruitment And Conditions Of Service Rules, 1999
Published vide Notification Gazette of India, Extraordinary, Part 2, Section 3(i), dated 24th September, 1999(w.e.f. 14th September, 1999)
1957
G.S.R. 636 (E), dated 14th September, 1999. - In exercise of the powers conferred by such section (1) read with Cl. (p) of sub-Sec. 156 of the Indo Tibetan Border Police Force Act, 1992 (35 of 1992), the Central Government hereby makes the following rules in the Indo Tibetan Border Police Force, namely.
- Short title and commencement.-(1) These rules may be called the Indo-Tibetan Border Police Force, Judge Attorney General (Additional Deputy Inspector General), Additional Judge Attorney General (Commandant), Deputy Judge Attorney General (Deputy Commandant) and Judge Attorney (Assistant Commandant) Recruitment and conditions of Service Rules, 1999.
(2) They shall come into force on the date of their publication in the Official Gazette.
- Number of posts classification and scale of pay.- The number of the said posts, their classification and the scales of pay attached thereto shall be as specified in columns (2) to (4) of the Schedule annexed to these rules.
- Method of recruitment, age limit and other qualifications.- The method of recruitment to the said posts, age-limit, qualifications and other matters relating thereto shall be as specified in columns (5) to (14) of the said Schedule.
- General.-(i) Service rendered as Judge Attorney General Additional Deputy Inspector General), Additional Judge Attorney General (Commandant), Deputy Judge Attorney General Deputy Commandant) and Judge Attorney (Assistant Commandant) shall be deemed to be judicial service and shall reckon as such for all purpose.
- Physical Fitness.- Physical fitness as laid down for medical category SHAPE-I F is essential for appointment/promotion of any person.
- Seniority.- Seniority of Judge Attorney General (Additional Deputy Inspector General), Additional Judge Attorney General (Commandant), Deputy Judge Attorney General (Deputy Commandant) and Judge Attorney. (Assistant Commandant) shall be determined in accordance with the following principles namely :
(i) an officer appointed in a substantive capacity shall be senior to an officer appointed in an officiating capacity.
(ii) seniority of officers appointed to any post in a substantive capacity shall be determined in accordance with the date of appointment to that post in a substantive capacity and where two or more officers are appointed in a substantive capacity on the same date, their seniority shall be determined in accordance with their seniority while holding such posts in an officiating capacity, and
(iii) seniority of officers appointed to any post in an officiating capacity shall be determined in accordance with the order of selection for appointment to the posts.
- Other conditions of Service.- The conditions of service of the Judge Attorney General (Additional Deputy Inspector General), Additional Judge Attorney General (Commandant), Deputy Judge Attorney General (Deputy Commandant) and Judge Attorney (Assistant Commandant) in respect of matters for which no provision or insufficient provision has been made under these rules, shall, unless the Central Government by an order in writing otherwise directs, be the same as are applicable from time to time to other officers of the Indo-Tibetan Border Police Force holding the corresponding ranks or status.
- Disqualification.- 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 any of the said posts.
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.
- Initial constitution-
(i) Personnel holding the posts specified in the schedule annexed herein, immediately before commencement of these Rules on the regular basis shall be deemed to have been appointed in accordance with the provisions of these rules.
(ii) The regular continuous service of personnel referred in sub-rule (1) in the respective grades immediately before commencement of these rules shall count for the purpose of probation period, qualifying service for promotion, confirmation and pension in the service.
- Power to Relax.- Where the Central Government is of the opinion that it is necessary or expedient so to do, it may, by order is of the reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category or persons.
- Saving.- Nothing in these rules shall affect reservations, relaxation of age-limit and other concessions required to be provided for the Schedule Castes. the Scheduled Tribes, Other Backward Classes, Ex-servicemen 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 Posts | Classification | Scale of pay | Whether by selection-cum-seniority or selection by merit | Whether benefit of added years of service admissible
under rule 30 of the Central Civil Services (Pension) Rules, 1972. |
Age limit for direct recruits. |
1 | 2 | 3 | 4 | 5 | 6 | 7 |
1. Judge Attorney General (Additional Deputy Inspector General) | 1*
(1999)
*Subject to variation dependent on workload. |
General Central Service Group'A', Gazetted(Non-Ministerial). | Rs. 14,300-400 -18,300/-PlusRs.400/-.Special Allowance | Selection by merit | Not applicable. | Not applicable. |
Educational and other qualifications required for direct recruits. | Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees. | Period of probation,if any. | Method of recruitment: whether by direct recruitment or by promotion or by deputation/absorption and percentage of the posts to be filled by various methods | |||
8 | 9 | 10 | 11 | |||
Not applicable | Not applicable | Not applicable | By promotion failing which by deputation/failing both by re-employment. | |||
In case of recruitment by promotion/ deputation/ absorption, grade from which promotion/ deputation/ absorption to be made. | ||||||
12 | ||||||
By Promotion:
By promotion of an officer who is or has been an Additional Judge Attorney General (Commandant) of the Force with [two years] regular service in the grade and eighteen years of Group 'A' service in the Force having eighteen years of experience in dealing with legal matters/ court cases and being in Medical category SHAPE-I. By Deputation: By deputation of a person who :- (i) is or has been an officer of the rank of Colonel with three years service in the grade in the Department of the Judge Advocate General in Army /Navy/Air Force; (ii) is or has a member of the State Judicial Service for a period of not less than eighteen years; or (iii) from amongst Central/State Government officer of the Legal Department who; (a) is or has been a Deputy Legal Advisor or equivalent in the pay scale of Rs. 12,000-375-16,500 having eight years of regular service in the grade with eighteen years in dealing with legal matters/ court cases; or . (b) is or has been an Additional Legal Advisor or equivalent in the pay scale of Rs. 14,300-400-18,300 having three years of regular service in the grade with eighteen years of experience in dealing with legal matters/court cases. By re-employment: By re-employment of person who is or has been an officer of the rank of Colonel with three years of service in the grade in the Department of Judge Advocate General in Army /Navy/Air Force. Note. - Period of deputation including of deputation another Ex-Cadre post held immediately proceeding of this appointment in the same or other organisation/ department of Central Government shall ordinarily no exceed three years. The maximum age limit for eligibility for deputation shall be fifty six years on the date of receipt of application. |
||||||
If a Departmental Promotion Comrmttee exists what is its composition. | Circumstances ill which Onion Public service Commission is to be consulted in making recruitment. | |||||
13 | 14 | |||||
. Group 'A' Departmental Promotion Committee consisting of :- | Exempted from the purview of the Omon Public Service Commission consultation | |||||
1. Director General, Indo-Tibetan Border Police Force. | Chairman | |||||
2. Joint Secretary, Ministry of Home Affairs. | Member | |||||
3. Inspector General, Indo-Tibetan Border Police Force. | Member | |||||
4. Inspector General, Central Reserve Police Force or any Central Police Organisation. | Member | |||||
1 | 2 | 3 | 4 | 5 | 6 | 7 |
2. Additional Judge Attorney General (Commandant) | 01*
(1999)
*Subject to variation dependent on workload |
General Central Service Group'A', Gazetted (Non-Ministerial). | Rs. 14,300-400-18,300/- | Selection by merit | Not applicable | Not applicable |
8 | 9 | 10 | 11 | |||
Not applicable | Not applicable | Not applicable | By promotion failing which by deputation/ failing both by the re-employment | |||
12 | ||||||
By Promotion:
By promotion of an officer who is or has been a Deputy Judge Attorney Otmeral (Deputy Commandant) 0f the Force with [six years service in the grade and fifteen years of Group 'A' service in the Force having fifteen years experience in dealing with legal matters/ court cases]and being in Medical category SHAPE-I. By Deputation: By deputation of a person who:- (i) is or has been an officer of the rank of Colonel or equivalent in the Department of the Judge Advocate GeneralinArrny /Navy/Air Force; (ii) is or has a member of the State Judicial Service for a period of not less than fifteen years or; (iii) for amongst Central/State Government officers of the Legal Department who; (a) is or has been an Assistant Legal Advisor or equivalent in the pay scale of Rs. 10,000-325-15,200 having nine years of regular service in the grade with eighteen years of experience in dealing with legal matters/court cases; or (b) is or has been a Deputy Legal Advisor or equivalent in the pay scale of Rs. 12,000-375-16,500 having five years of regular service in the grade with eighteen years of experience in dealing with legal matters/ court cases. (c) is or has been an Additional Legal Advisor or equivalent in the pay scale of Rs. 14,300-400-18,300 having fifteen years of experience in dealing with legal matters/ court cases. (iv) From amongst the Prosecution Counsel in the Central/State Government having fifteen years of experience in de~ling with legal matters/ court and has held the post of Superintend of Police or equivalent in the pay scale of Rs. 10,000-3i5-15,200 for nine years. By re-employment: By re-employment of person who is or has been an officer of the rank of Colonel with threeyears of service in the grade in the Department of Judge Advocate General in Army /Navy/Air Force. Note.- Period of deputation including of deputation in another Ex-Cadre post held immediately proceeding of this appointment in the same or other organisation/ department of Central Government shall ordinarily not exceed three years. The maximum age limit for eligibility for deputation shall be fifty six years on the date of receipt of application. |
||||||
13 | 14 | |||||
Group 'A' Departmental Promotion Committee consisting of: | Exempted from the purview of the Union Public Service Commission consultation | |||||
1. Director General, Indo-Tibetan Border Police Force. | Chairman | |||||
2. Inspector General, Indo-Tibetan Border Police Force. | Member | |||||
3. Director/Deputy Secretary, Ministry of Home Affairs. | Member | |||||
4. Deputy Inspector General/Chief Administrative Officer, Indo-Tibetan Border Police Force. | Member | |||||
5. Judge Attorney General, Indo-Tibetan Border Police Force | Member | |||||
1 | 2 | 3 | 4 | 5 | 6 | 7 |
3. Deputy Judge Attorney General (Deputy Commandant) | 02*
(1999)
* Subject to variation dependent on workload. |
General Central Service Group'A', Gazetted, .
(Non-Ministerial). |
Rs. 10000-325-15,200/- | Selection by merit | Not applicable | Not applicable |
8 | 9 | 10 | 11 | |||
Not applicable | Not applicable | Not applicable | By promotion failing which by deputation/failing both by re-employment. | |||
12 | ||||||
By Promotion:
By promotion of an officer who is or has been a Judge Attorney (Assistant Commandant) of the Force with six years regular service in the grade and being in Medical category SHAPE-I. By Deputation: By deputation of a person who :- (i) is or has been an officer of the rank of Major or equivalent in the Department of the Judge Advocate General in Army /Navy/Air Force; or (li) is or has a member of the State Judicial Service for a period of not less than six years; or (iii) . is or has been an officer having degree in law of a recognised University or equivalent and holding Group 'A' post in the pay scale Rs. 10,000-325-15,200 in the law of a recognised University or equivalent and holding Group 'A' post in the pay scale of Rs. 10,000-325-15,200 in the legal department of Central or State Government; or (iv) is or has been an officer who has been a prosecution counsel and holding, in a Group 'A' post in the pay scale of Rs. 8,000-275-13,500 in the Central/State Government for not less than six years; or (v) is or has been an officer having degree in law of a recognised University or equivalent and holding a Group 'A' post in the pay scale of Rs. 8,000-275-13,500 in the Central Government/State Government for six years and having experience in dealing with legal matters/court cases for a period not less than six years ;or (vi) is or has been an officer having degree in law of a recognised University or equivalent and has been holding the post of Assistant Commandant or equivalent in the pay scale of Rs.8,000-27.5-13,500 in the Force or any other Armed Force of the Union or State Police for six years with five years experience in dealing with legal matters/court cases. By re-employment:- By re-employment of person who is or has been an officer of the rank of Major with three years of service in the-grade in the Department of Judge Advocate General in Army /Navy/Air Force. Note. - Period of deputation including of deputation in another Ex-Cadre post held immediately proceeding of this appointment in the same or other organisation/ department of Central Government shall ordinarily not exceed three years. The maximum age limit for eligibility for deputation shall be fifty six years on the date of receipt of application. |
||||||
13 | 14 | |||||
Group 'A' Departmental Promotion Committee consisting of :- | Exempted from the purview of the Union Public Service Commission consultation. | |||||
1. Director General, Indo-Tibetan Border Police Force. | Chairman | |||||
2. Inspector General, Indo-Tibetan Border Police Force | Member | |||||
3. Director 1 Deputy Secretary, Ministry of Home Affairs. | Member | |||||
4. Deputy Inspector General/Chief Administrative Officer, Indo-Tibetan Border Police Force. | Member | |||||
5. Judge Attorney General, Indo-Tibetan Border Police Force. | Member | |||||
1 | 2 | 3 | 4 | 5 | 6 | 7 |
4. Judge Attorney (Assistant Commandant) | 03*
(1999)
* Subject to variation dependent on workload. |
General Central Service Group'A', Gazetted, .
(Non-Ministerial). |
Rs. 8000-275-13,500 /- | Selection by merit | Not applicable | Not applicable |
8 | 9 | 10 | 11 | |||
Not applicable | Not applicable | Not applicable | By promotion failing which by deputationl failing both by re-employment. | |||
12 | ||||||
By Deputation/Absorption:
By deputation/absorption of a person who By promotion failing which by deputationl failing both by re-employment. . (i) is or has been an officer of Central/State Government holding the analogous post and is having the degree in law of a recognised University or equivalent; or (ii) is or has been an officer holding the post of Assistant Commandant or equivalent in the pay scale of Rs. 8,000-275-13,500 in the Central Police Organisations having degree in law of a recognised University or equivalent; or (iii) is or has been an officer of the rank of Captain or equivalent in the department of the Judge Advocate General in Army/Navy / Air Force. By re-employment: By re-employment of person who is or has been an officer of the rank of Captain in the Department of Judge Advocate General in Army / Navy/Air Force. Note. - Period of deputation including of deputatign, another Ex-Cadre post held immediately proceeding of this appointment in the same or other organisation/ department of Central Government shall ordinarily not exceed three years. The maximum age limit for eligibility for deputation shall be fifty six years on the date of receipt of application). |
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13 | 14 | |||||
Group 'A' Departmental Promotion Committee for confirmation consisting of: | Exempted from the purview of the Union Public Service Commission consultation. | |||||
1. Director General, Indo-Tibetan Border Police Force. | Chairman | |||||
2. Inspector General, Indo-Tibetan Border Police Force. | Member | |||||
3. Director/Deputy Secretary. Ministry of Home Affairs. | Member | |||||
4. Deputy Inspector General/Chief Administrative Officer, Indo-Tibetan Border Police Force. | Member |