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Core Purpose

Notification amending the Competition Commission of India (Number of Additional, Joint, Deputy or Assistant Director-General...) Rules, 2009 to insert a new selection-committee procedure rule and revise pay levels and selection committee composition in Schedule III.

Detailed Summary

The Ministry of Corporate Affairs issued notification G.S.R. 587(E) dated 4th August 2023, under clauses (da), (e) and (f) of sub-section (2) of section 63 read with sub-sections (1A), (3) and (4) of section 16 of the Competition Act, 2002 (12 of 2003), promulgating 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) Amendment Rules, 2023, effective from the date of publication in the Official Gazette. The amendment inserts a new rule 7A into the 2009 Rules, requiring the Selection Committee to devise its own procedure and recommend a panel of at least three names, with the Commission required to obtain prior Central Government approval before appointing any recommended person. The notification further amends Schedule III to the 2009 Rules, revising, for serial numbers 1 through 12 (covering various officer and employee posts), the pay level in the pay matrix (ranging from Level 13A, Rs. 131100-216600, down to Level 10, Rs. 56100-177500, replacing earlier grade-pay figures), the minimum experience criteria expressed in pay-level terms, and the composition of the respective Selection Committees, which variously comprise the Chairperson or a Member of the Competition Commission of India, an officer not below the rank of Joint Secretary (or Director/Deputy Secretary) from the Ministry of Corporate Affairs, and an outside or Central Government-nominated expert. The notification is issued under F. No. Comp-01/2/2023-Comp-MCA and signed by Manoj Pandey, Joint Secretary, and notes that the principal rules were published vide G.S.R. 338(E) dated 15th May 2009, and previously amended vide G.S.R. 439(E) dated 23rd June 2009 and G.S.R. 934(E) dated 31st December 2009.

Full Text

EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 460] NEW DELHI , FRIDAY, AUGUST 4 , 2023/ SHRAVANA 13, 1945 CG-DL-E-05082023-247881 (4) "स्ट्तर 12 (78800 – 209200 रु.)। ” ; "स्ट्तर 12 (78800 – 209200 रु.) ”। ; MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delh i, the 4 th August, 2023 G.S.R. 587(E).—In exercise of the powers conferred by clause (da), (e) and (f) of sub -section (2) of section 63 read with sub -sections (1A), (3) and (4) of section 16 of the Competition Act, 2002 (12 of 2003), the Central Government hereby makes the following rules further to amend 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, namely: – 1. (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 manne r of appointment, qualification, salary, allowances and other terms and conditions of service) Amendment Rules, 2023. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Competition Commis sion 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 (hereinafter referred to as the said rules), after rule 7, the following rule shall be inserted, namely: - “7A. Selection Committee shall devise its own procedure for selection and recommend a panel of at least three names for appointment and the Commission shall appoint any person recommended by the selection committee after obtaining prior approval of the Central Government”. 3. In Schedule III to the said rules, - (i) against serial number 1, - (a) for column (4), and the entries relating thereto, the fol lowing column and entries shall be substituted, namely: - “Level in pay matrix (4) Level 13A (Rs. 131100 – 216600).”; (b) in column (12), for the words “two years experience in the grade pay of Rs. 8700 or six years in the grade pay of Rs.7600 ”, the words “two years experience in pay level – 13 or six years experience in pay level – 12” shall be substituted; (c) in column (13), for the existing entries, the following entries shall be substituted, namely: - “Selection Committee for selection con sisting of: - 1. Chairperson, Competition Commission of India – Chairperson; 2. Officer not below the rank of Joint Secretary, Ministry of Corporate Affairs – Member; 3. Expert nominated by the Central Governme nt – Member.”; (ii) against serial number 2, - (a) in column (4), for the existing entries, the following entries shall be substituted, namely: - “Level 13A (Rs. 131100 – 216600).”; (b) in column (12), for the words “two years experience in the grade pa y of Rs. 8700 or six years in the grade pay of Rs.7600”, the words “two years experience in pay level – 13 or six years experience in pay level – 12” shall be substituted; (c) in column (13), for the existing entries, the following entries shall be substit uted, namely: - “Selection Committee for selection consisting of: - 1. Chairperson, Competition Commission of India – Chairperson; 2. Officer not below the rank of Joint Secretary, Ministry of Corporate Affairs – Member; 3. Expert nominated by the Central Government – Member.”; (iii) against serial number 3, - (a) in column (4), for the existing entries, the following entries shall be substituted, namely: - “Level 13A (Rs. 131100 – 216600).”; (b) in column (1 2), for the words “two years experience in the grade pay of Rs. 8700 or six years in the grade pay of Rs.7600”, the words “two years experience in pay level – 13 or six years experience in pay level – 12” shall be substituted; (c) in column (13), for the e xisting entries, the following entries shall be substituted, namely: - “Selection Committee for selection consisting of: - 1. Chairperson, Competition Commission of India – Chairperson; 2. Officer not below the rank of Joint Secretary, Mini stry of Corporate Affairs – Member; 3. Expert nominated by the Central Government – Member.”; (iv) against serial number 4, - (a) in column (4), for the existing entries, the following entries shall be substituted, namely: - “Level 13 (Rs. 123100 – 215900).”; (b) in column (12), for the words “five years in the grade pay of Rs.7600 or ten years in the grade pay of Rs.6600”, the words “five years experience in pay level – 12 or ten years experience in pay level – 11” shall be substituted; (c) in column (13), for the existing entries, the following entries shall be substituted, namely: - “Selection Committee for selection consisting of: - 1. Chairperson, Competition Commission of India – Chairperson; 2. Officer not bel ow the rank of Joint Secretary, Ministry of Corporate Affairs – Member; 3. Expert nominated by the Central Government – Member.”; (v) against serial number 5, - (a) in column (4), for the existing entries, the follow ing entries shall be substituted, namely: - “Level 13 (Rs. 123100 – 215900).”; (b) in column (12), for the words “five years in the grade pay of Rs.7600 or ten years in the grade pay of Rs.6600”, the words “five years experience in pay level – 12 or ten y ears experience in pay level – 11” shall be substituted; (c) in column (13), for the existing entries, the following entries shall be substituted, namely: - “Selection Committee for selection consisting of: - 1. Chairperson, Competition Commission of I ndia – Chairperson; 2. Officer not below the rank of Joint Secretary, Ministry of Corporate Affairs – Member; 3. Expert nominated by the Central Government – Member.”; (vi) against serial number 6, - (a) in colu mn (4), for the existing entries, the following entries shall be substituted, namely: - “Level 13 (Rs. 123100 – 215900).”; (b) in column (12), for the words “five years in the grade pay of Rs.7600 or ten years in the grade pay of Rs.6600”, the words “five years experience in pay level – 12 or ten years experience in pay level – 11” shall be substituted; (c) in column (13), for the existing entries, the following entries shall be substituted, namely: - “Selection Committee for selection consisting of: - 1. Chairperson, Competition Commission of India – Chairperson; 2. Officer not below the rank of Joint Secretary, Ministry of Corporate Affairs – Member; 3. Expert nominated by the Central Government – Member.”; (vii) against serial number 7, - (a) in column (4), for the existing entries, the following entries shall be substituted, namely: - “Level 12 (Rs. 78800 – 209200).”; (b) in column (12), for the words “five years service in the grade pay of Rs.6600 or equ ivalent”, the words “five years service in pay level – 11 or equivalent” shall be substituted; (c) in column (13), for the existing entries, the following entries shall be substituted, namely: - “Selection Committee for selection consisting of: - 1. Chairperson or Member of the Competition Commission of India to be nominated by the Chairperson - Chairperson; 2. Officer not below the rank of Joint Secretary, Ministry of Corporate Affairs - Member; 3. Expert nominated by the Central Government – Member.”; (viii) against serial number 8, - (a) in column (4), for the existing entries, the following entries shall be substituted, namely: - “Level 12 (Rs. 78800 – 209200).”; (b) in col umn (12), for the words “five years service in the grade pay of Rs.6600 or equivalent”, the words “five years service in pay level – 11 or equivalent” shall be substituted; (c) in column (13), for the existing entries, the following entries shall be subst ituted, namely: - “Selection Committee for selection consisting of: - 1. Chairperson or Member of the Competition Commission of India to be nominated by the Chairperson - Chairperson; 2. Officer not below the rank of Joint Secretary, Ministry of Corporate Affairs - Member; 3. Expert nominated by the Central Government – Member.”; (ix) against serial number 9, - (a) in column (4), for the existing entries, the following entries shall be substituted, namely: - “Level 12 (Rs. 78800 – 209200).”; (b) in column (12), for the words “five years service in the grade pay of Rs.6600 or equivalent”, the words “five years service in pay level – 11 or equivalent” shall be substituted; (c) in column (13), for the existing entries, the following entries shall be substituted, namely: - “Selection Committee for selection consisting of: - 1. Chairperson or Member of the Competition Commission of India to be nominated by the C hairperson - Chairperson; 2. Officer not below the rank of Joint Secretary, Ministry of Corporate Affairs - Member; 3. Expert nominated by the Central Government – Member.”; (x) against serial nu mber 10, - (a) in column (4), for the existing entries, the following entries shall be substituted, namely: - “Level 12 (Rs. 78800 – 209200).”; (b) in column (12), for the words “five years experience in the grade pay of Rs.6600 or equivalent”, the words “five years experience in pay level – 11 or equivalent” shall be substituted; (c) in column (13), for the existing entries, the following entries shall be substituted, namely: - “Selection Committee for selection consisting of: - 1. Chairperson or Mem ber of the Competition Commission of India to be nominated by the Chairperson - Chairperson; 2. Officer not below the rank of Joint Secretary, Ministry of Corporate Affairs - Member; 3. Expert nominated by the Central Government – Member.”; (xi) against serial number 11, - (a) in column (4), for the existing entries, the following entries shall be substituted, namely: - “Level 11 (Rs. 67700 – 208700).”; (b) in column (12), for th e words “five years experience in the grade pay of Rs.5400 or six years in the grade pay of Rs.4800 or seven years in the grade pay of Rs. 4600 or ten years in the grade pay of Rs.4200”, the words “five years experience in pay level – 10 or six years exper ience in pay level – 8 or seven years experience in pay level – 7 or ten years experience in pay level -6” shall be substituted; (c) in column (13), for the existing entries, the following entries shall be substituted, namely: - “Selection Committee for sel ection consisting of: - 1. An officer not below the rank of Advisor or Director General of the Competition Commission of India to be nominated by the Chairperson - Chairperson; 2. Representative from Ministry of C orporate Affairs not below the rank of Director or Deputy Secretary – Member; 3. Outside Expert to be nominated by the Chairperson - Member.”; (xii) against serial number 12, - (a) in column (4), for the existing entries, the following entries shall be substituted, namely: - “Level 10 (Rs. 56100 – 177500).”; (b) in column (12), for the words “two 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”, the words “two years e xperience in pay level – 8 or three years experience in pay level – 7 or eight years experience in pay level – 6” shall be substituted.”; (c) in column (13), for the existing entries, the following entries shall be substituted, namely: - “Selection Committe e for selection consisting of: - 1. An officer not below the rank of Advisor or Director General of the Competition Commission of India to be nominated by the Chairperson - Chairperson; 2. Representative f rom Ministry of Corporate Affairs not below the rank of Director or Deputy Secretary – Member; 3. Outside Expert to be nominated by the Chairperson - Member.”. [F. No. Comp -01/2/2023 -Comp -MCA] MANOJ PANDEY , Jt. Secy . Note : The principal r ules were published in the Gazette of India, Extraordinary, Part -II, Section 3, Sub -section (i), vide G.S.R. 338 (E), dated the 15th May, 2009 and subsequently amended vide notification & G.S.R. 439(E), dated the 23rd June, 2009 and G.S.R. 934(E), dated th e 31st December, 2009. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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