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Union of India - Act

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

UNION OF INDIA
India

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

Rule 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 of 1999

  • Published on 24 September 1999
  • Commenced on 24 September 1999
  • [This is the version of this document from 24 September 1999.]
  • [Note: The original publication document is not available and this content could not be verified.]
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, 1999Published 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.

1. 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.

2. 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.

3. 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.

4. 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.

5. Physical Fitness.

- Physical fitness as laid down for medical category SHAPE-I F is essential for appointment/promotion of any person.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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

Nameof the Post Numberof Posts Classification Scaleof pay Whetherby selection-cum-seniority or selection by merit Whetherbenefit of added years of service admissibleunderrule 30 of the Central Civil Services (Pension)Rules,1972. Agelimit for direct recruits.
1 2 3 4 5 6 7
1.Judge Attorney General (Additional Deputy Inspector General) 1*(1999)*Subjectto variationdependenton workload. GeneralCentral Service Group'A',Gazetted(Non-Ministerial). Rs.14,300-400 -18,300/-PlusRs.400/-.Special Allowance Selectionby merit Notapplicable. Notapplicable.
Educationaland other qualifications required for direct recruits. Whetherage and educational qualifications prescribed for direct recruitswill apply in the case of promotees. Periodof probation,ifany. Methodof recruitment: whether by direct recruitment or by promotion orby deputation/absorption and percentage of the posts to befilled by various methods
8 9 10 11      
Notapplicable Notapplicable Notapplicable Bypromotion failing which by deputation/failing both byre-employment.    
Incase of recruitment by promotion/ deputation/ absorption, gradefrom which promotion/ deputation/ absorption to be made.
      12      
ByPromotion:Bypromotion of an officer who isor has been an Additional Judge Attorney General (Commandant) ofthe Force with[two years] [Substituted by Notification No. G.S.R. 799(E), dated 23.10.2001 (w.e.f. 14.9.1999)]regular service in the grade andeighteen years of Group 'A'servicein the Force having eighteen years of experience in dealing withlegal matters/ court cases and being in Medical category SHAPE-I.ByDeputation:Bydeputation of a person who :-(i)is or has been an officer of therank of Colonel with three years service in the grade in theDepartment of the Judge Advocate General in Army /Navy/AirForce;(ii)is or has a member of the StateJudicial Service for a period of not less than eighteen years; or(iii)from amongst Central/StateGovernment officer of the Legal Department who;(a)is or has been a Deputy LegalAdvisor or equivalent in the pay scale of Rs.12,000-375-16,500 having eight yearsof regular service in the grade with eighteen years in dealingwith legal matters/ court cases; or.(b)isorhas been an Additional Legal Advisor or equivalent in the payscale of Rs. 14,300-400-18,300 having three years of regularservice in the grade with eighteen years of experience in dealingwith legal matters/court cases.Byre-employment:Byre-employment of person who is or has been an officer of the rankof Colonel with three years of service in the grade in theDepartment of Judge Advocate General in Army /Navy/Air Force.Note.- Period of deputation including of deputation another Ex-Cadrepost held immediately proceeding of this appointment in the sameor other organisation/ department of Central Government shallordinarily no exceed three years.Themaximum age limit for eligibility for deputation shall be fiftysix years on the date of receipt of application.
Ifa Departmental PromotionComrmttee exists what is its composition.   CircumstancesillwhichOnion Public service Commissionisto be consulted in makingrecruitment.
  13       14  
.Group'A'Departmental Promotion Committeeconsisting of :-   Exemptedfrom the purview of the Omon Public Service Commissionconsultation
1.Director General, Indo-Tibetan Border Police Force.   Chairman    
2.Joint Secretary,MinistryofHome Affairs.   Member    
3.Inspector General, Indo-Tibetan Border Police Force.   Member    
4.Inspector General,Central Reserve Police Force or anyCentral Police Organisation.   Member    
1 2 3 4 5 6 7
2.Additional Judge Attorney General (Commandant) 01*(1999)*Subjectto variation dependent on workload GeneralCentral Service Group'A',Gazetted(Non-Ministerial). Rs.14,300-400-18,300/- Selectionby merit Notapplicable Notapplicable
8 9 10 11      
Notapplicable Notapplicable Notapplicable Bypromotion failing which by deputation/ failing both by there-employment  
      12      
ByPromotion:Bypromotion of an officer who is or has been a Deputy JudgeAttorney Otmeral (Deputy Commandant) 0f the Force with[six yearsservice in the grade and fifteen years of Group 'A' service in the Force having fifteenyears experience in dealing with legal matters/ court cases] [Substituted by Notification No. G.S.R. 799(E), dated 23.10.2001 (w.e.f. 14.9.1999)]and being in Medicalcategory SHAPE-I.ByDeputation:Bydeputation of a person who:-(i)is or hasbeenan officer of the rank of Colonel orequivalent in the Department of the Judge Advocate GeneralinArrny/Navy/AirForce;(ii)is or has a member of the StateJudicial Service for a period of not less than fifteen years or;(iii)for amongst Central/StateGovernment officers of the Legal Department who;(a)is or has been an AssistantLegal Advisor or equivalent in the pay scale ofRs.10,000-325-15,200having nine yearsof regular service in the grade with eighteen years of experiencein dealing with legal matters/court cases; or(b)is or has been a Deputy LegalAdvisor or equivalent in the pay scale ofRs.12,000-375-16,500having five yearsof regular service in the grade with eighteen years of experiencein dealing with legal matters/ court cases.(c)is or has been an Additional Legal Advisor or equivalent in thepay scale ofRs. 14,300-400-18,300having fifteen years of experiencein dealing with legal matters/ court cases.(iv)From amongst the ProsecutionCounselintheCentral/State Government having fifteen years of experience inde~lingwithlegal matters/ court and has held the post of Superintend ofPolice or equivalent in the pay scale ofRs.10,000-3i5-15,200fornine years.Byre-employment:Byre-employment of person who is or has been an officer of the rankof Colonelwiththreeyearsofservice in the grade in the Department of Judge Advocate Generalin Army /Navy/Air Force.Note.-Period of deputation including of deputation in another Ex-Cadrepost held immediately proceeding of this appointment in the sameor other organisation/ department of Central Governmentshallordinarily not exceed threeyears.Themaximum age limit for eligibility for deputation shall be fiftysix years on the date of receipt of application.
  13       14  
Group'A' Departmental Promotion Committee consisting of:   Exemptedfrom the purview of the Union Public Service Commissionconsultation
1.Director General, Indo-TibetanBorder 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 variationdependenton workload. GeneralCentral Service Group'A',Gazetted,.(Non-Ministerial). Rs.10000-325-15,200/- Selectionby merit Notapplicable Notapplicable
8 9 10 11      
Notapplicable Notapplicable Notapplicable Bypromotion failing which by deputation/failing both byre-employment.  
      12      
ByPromotion:Bypromotion of an officer who is or has been a Judge Attorney(Assistant Commandant) of the Force with six years regularservice in the grade and being in Medical category SHAPE-I.ByDeputation:Bydeputation of a person who :-(i)is or has been an officer of therank of Major or equivalent in the Department of the JudgeAdvocate General in Army /Navy/Air Force; or(li)is or has a member of the StateJudicial Service for a period of not less than six years; or(iii).isor has been an officer having degree in law of a recognisedUniversity or equivalent and holding Group 'A' post in the payscaleRs.10,000-325-15,200 in the law of arecognised University or equivalent and holding Group 'A'post in the pay scale ofRs.10,000-325-15,200 in the legaldepartment of Central or State Government; or(iv)is or has been an officer whohas been a prosecution counsel and holding, in a Group 'A' postin the pay scale ofRs.8,000-275-13,500 in theCentral/State Government for not less than six years; or(v)is or has been an officer havingdegree in law of a recognised University or equivalent andholding a Group 'A' post in the pay scale ofRs.8,000-275-13,500 in the CentralGovernment/State Government for six years and having experiencein dealing with legal matters/court cases for a period not lessthan six years ;or(vi)is or has been an officer havingdegree in law of a recognised University or equivalent and hasbeen holding the post of Assistant Commandant or equivalent inthe pay scale ofRs.8,000-27.5-13,500 in the Force orany other Armed Force of the Union or State Police for six yearswith five years experience in dealing with legal matters/courtcases.Byre-employment:-Byre-employment of person who is or has been an officer of the rankof Major with three years of service in the-gradeintheDepartment of Judge Advocate General in Army /Navy/Air Force.Note.- Period of deputation includingof deputation in another Ex-Cadre post held immediatelyproceeding of this appointment in the same or other organisation/department of Central Government shall ordinarily not exceedthree years. The maximum age limit for eligibility for deputationshall be fifty six years on the date of receipt of application.
  13       14  
Group'A' Departmental Promotion Committee consisting of :-   Exemptedfrom the purview of the Union Public Service Commissionconsultation.
1.Director General, Indo-TibetanBorder Police Force.   Chairman    
2.Inspector General, Indo-Tibetan Border Police Force   Member    
3.Director1DeputySecretary, Ministry of Home Affairs.   Member    
4.Deputy Inspector General/ChiefAdministrative 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 onworkload. GeneralCentral Service Group'A',Gazetted,.(Non-Ministerial). Rs.8000-275-13,500 /- Selectionby merit Notapplicable Notapplicable
8 9 10 11      
Notapplicable Notapplicable Notapplicable Bypromotion failing which by deputationl failing both byre-employment.  
      12      
ByDeputation/Absorption:Bydeputation/absorption of a person whoBypromotion failing which by deputationl failing both byre-employment..(i)is or has been an officer ofCentral/State Government holding the analogous post and is havingthe degree in law of a recognised University or equivalent; or(ii)is or has been an officerholding the post of Assistant Commandant or equivalentin the pay scale of Rs. 8,000-275-13,500 in the Central PoliceOrganisations having degree in law of a recognised University orequivalent; or(iii)is or has been an officer of therank of Captain or equivalent in the department of the JudgeAdvocate General in Army/Navy /AirForce.Byre-employment:Byre-employment of person who is or has been an officer of the rankof Captain in the Department of Judge Advocate General in Army /Navy/AirForce.Note.- Period of deputation including of deputatign, another Ex-Cadrepost held immediately proceeding of this appointment in the sameor other organisation/ department of Central Government shallordinarily not exceed three years.The maximum age limit foreligibility for deputation shall be fifty six years on the dateof receipt of application).
    13     14  
Group'A'DepartmentalPromotion Committee for confirmation consisting of:   Exemptedfrom the purviewof the Union Public Service Commission consultation.
1.Director General, Indo-TibetanBorder Police Force.   Chairman    
2.Inspector General, Indo-Tibetan Border Police Force.   Member    
3.Director/Deputy Secretary. Ministryof Home Affairs.   Member    
4.Deputy Inspector General/ChiefAdministrative Officer, Indo-Tibetan Border Police Force.   Member