THE INDIAN ADMINISTRATIVE SERVICE
(APPOINTMENT
BY PROMOTION) REGULATIONS, 1955
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In pursuance of
sub-rule (1) of rule 8 of the Indian Administrative Service (Recruitment) Rules,
1954, the Central Government, in consultation with the State Governments and the
Union Public Service Commission, hereby makes the following regulations namely:
1. SHORT
TITLE:- These regulations may be called the Indian Administrative Service
(Appointment by Promotion) Regulations, 1955.
2.
DEFINITIONS:-
2(1)
In these regulations, unless the context otherwise requires :
(a)
‘Cadre Officer’ means a member of the Service;
(b)
‘Cadre Post’ means any of the posts specified as such in the
regulations made under sub-rule (1) of rule 4 of the Cadre Rules;
(c)
‘Cadre Rules’ means the Indian
Administrative Service (Cadre) Rules, 1954;
(d)
‘Committee’ means the Committee
set up in accordance with regulation 3;
(e)
‘Commission’ means the Union
Public Service Commission;
(f)
‘Recruitment Rules’ means the Indian Administrative Service
(Recruitment) Rules, 1954;
(g)
‘Schedule’ means a Schedule appended to these regulations;
(h)
‘Service’ means the Indian Administrative Service;
(i)
‘State’ means a state Specified in the First Schedule to the
Constitution and includes a Union Territory;
(j)
‘State Civil Service’ means:
(i) for
the purpose of filling up the vacancies in the Indian Administrative Service
Cadre of the Arunachal Pradesh-Goa-Mizoram-Union Territories under rule 9 of the
Recruitment Rules, any of the following services, namely:-
(a)
the Delhi and Andaman & Nicobar Islands Civil Service;
(b)
the Goa Civil Service;
(c)
the Pondicherry Civil Service
(d)
the Mizoram Civil Service;
(e)
the Arunachal Pradesh Civil Service.
(ii) in
all other cases, any service or services, approved for purposes of the
Recruitment Rules by the Central Government in consultation with the State
Government, a member of which normally holds, for purposes of revenue and
general administration, charge of a sub-division of a district or a post of
higher responsibility.
(k)
‘State Government’ means:
(i)
in relation to a State in respect of which
a separate cadre of the service exists, the Government of such State ; and
(ii)
in relation to a group of States in
respect of which a Joint Cadre of the Service is constituted, the Joint Cadre
Authority;
(iii)
in relation to a group of Union
Territories, and in respect of which a joint cadre of the service is
constituted, the Central Government.
(l)
‘Year’ means the period commencing on the first day of January
and ending on 31st day of December of the same year.
2(2).
All other words and expressions used in these regulations but not defined
shall have the meanings respectively assigned to them in the Recruitment Rules.
3.
CONSTITUTION OF THE COMMITTEE TO MAKE SELECTION: -
3 (1)
There shall be constituted for a State Cadre or a Joint Cadre specified
in column 2 of Schedule, a Committee consisting of the Chairman of the
Commission or where the Chairman is unable to attend, any other Member of the
Commission representing it and other members specified in the corresponding
entry of column 3 of the said schedule;
Provided
that
(i)
no member of the Committee other than the
Chairman or the Member of the Commission shall be a person who is not a member
of the Service.
(iA)
the nominees of the Government of India shall not belong to the cadre of
the State for which the meeting of the Committee is to be held”.
(ii)
that the Central Government may after
consultation with the State Government concerned amend the Schedule.
3(2)
The Chairman or the member of the Commission shall preside at all
meetings of the Committee at which he is present.
3(3)
The absence of a member, other than the Chairman or Member of the
Commission, shall not invalidate the proceedings of the Committee if more than
half the members of the Committee had attended its meetings.
3(4)
Deleted.
4. Deleted.
5.
PREPARATION OF A LIST OF SUITABLE OFFICERS :-
5 (1)
Each Committee shall ordinarily meet every year and prepare a list of
such members of the State Civil Service as are held by them to be suitable for
promotion to the Service. The
number of members of the State Civil Service to be included in the list shall be
determined by the Central Government in consultation with the State Government
concerned, and shall not exceed the number of substantive vacancies as on the
first day of January of the year in which the meeting is held, in the posts
available for them under Rule 9 of the Recruitment Rules.
The date and venue of the meeting of the Committee to make the selection
shall be determined by the Commission;
Provided
that no meeting of the Committee shall be held, and no list for the year in
question shall be prepared when ;
(a)
there are no substantive vacancies as on
the first day of January of the year in the posts available for the members of
the State Civil Service under Rule 9 of the Recruitment Rules; or(a)
(b)
the Central Government in consultation
with the State Government decides that no recruitment shall be made during the
year to the substantive vacancies as on the first day of January of the year in
the posts available for the members of the State Civil Service under Rule 9 of
the Recruitment Rules;
Provided
further that where no meeting of the Committee could be held during a year for
any reason other than that provided for in the first proviso as and when the
Committee meets again, the Select List shall be prepared separately for each
year during which the Committee could not meet as on the 31st
December of each year.
EXPLANATION:-
In case of Joint Cadres, a separate select list shall be prepared in respect of
each State Civil Service.
5(2)
The Committee shall consider for inclusion to the said list, the cases of
members of the State Civil Services in the order of seniority in that service of
a number which is equal to three times the number referred in sub-regulation
(1).
Provided
that such restriction shall not apply in respect of a State where the total
number of eligible officers is less than three times the maximum permissible
size of the Select List and in such a case the Committee shall consider all the
eligible officers;
Provided
further that in computing the number for inclusion in the field of
consideration, the number of officers referred to in sub-regulation (3) shall be
excluded;
Provided
also that the Committee shall not consider the case of a member of the State
Civil Service unless on the first day of
January of the year for which the Select List is prepared, he is substantive
in the State Civil Service and has completed not less than eight years of
continuous service (whether officiating or substantive) in the post of Deputy
Collector or in any other post or posts declared equivalent thereto by the State
Government.
Provided
also that in respect of any released Emergency Commissioned or Short Service
Commissioned officers appointed to the State Civil Service, eight years of
continuous service as required under the preceding proviso shall be counted from
the deemed date of their appointment to that service, subject to the condition
that such officers shall be eligible for consideration if they have completed not
less than four years of actual continuous service, on the first day of
January of the year for which the Select List is prepared, in the post of Deputy
Collector or in any other post or posts declared equivalent thereto by the State
Government.
EXPLANATION:The
powers of the State Government under the third proviso to the sub-regulation
shall be exercised in relation to the members of the State Civil Service of
constituent State, by the Government of that State.
5(2A):
Deleted.
5(3):
The Committee shall not consider the cases of the members of the State
Civil Service who have attained the age of 54 years on the first day of January
of the year for which the Select List is prepared:
Provided
that a member of the State Civil Service whose name appears in the Select List
prepared for the earlier year before the date of the meeting of the
Committee and who has not been appointed to the service only because he was
included provisionally in that
Select List shall be considered for inclusion in the fresh list to be prepared
by the Committee, even if he has in the meanwhile, attained the age of fifty
four years.
Provided
further that a member of the State Civil Service who has attained the age of
fifty four years on the first day of
January of the year for which the Select List is prepared, shall be
considered by the Committee, if he was eligible for consideration on
the first day of January of the year or any of the years immediately
preceding the year in which such meeting is held but could not be considered as
no meeting of the Committee was held during such preceding year or years under
item (b) of the proviso to sub-regulation (1).
5(3A)
The Committee shall not consider the case of such member of the State
Civil Service who had been included in an earlier select list and –
(a)
had expressed his unwillingness for appointment to the service under
regulation 9;
Provided
that he shall be considered for inclusion in the Select List, if before the
commencement of the year, he applies in writing, to the State Government
expressing his willingness to be considered for appointment to the service;
(b)
was not appointed to the service by the Central Government under
regulation 10.
5(4)
The Selection Committee shall classify the eligible officers as
‘Outstanding’, ‘Very Good’, ‘Good’ and ‘Unfit’ as the case may
be on an overall relative assessment of their service records.
5 (5)
The List shall be prepared by including the required number of names
first from amongst the officers finally classified as ‘Outstanding’ then
from amongst those similarly classified as ‘Very Good’ and thereafter from
amongst those similarly classified as ‘Good’ and the order of names inter-se
within each category shall be in the order of their seniority in the State Civil
Service.
Provided
that the name of an officer so included in the list shall be treated as
provisional if the State Government withholds the integrity certificate in
respect of such an officer or any proceedings, departmental or criminal are
pending against him or anything adverse against him which renders him unsuitable
for appointment to the service has come to the notice of the State Government.
Provided
further that while preparing year-wise select lists for more than one year
pursuant to the 2nd proviso to sub-regulation (1), the officer
included provisionally in any of the Select List so prepared, shall be
considered for inclusion in the Select List of subsequent year in addition to
the normal consideration zone and in case he is found fit for inclusion in the
suitability list for that year on a provisional basis, such inclusion shall be
in addition to the normal size of the Select List determined by the Central
Government for such year.
EXPLANATION I:
The proceedings shall be treated as pending only if a charge-sheet has
actually been issued to the officer or filed in a Court as the case may be.
EXPLANATION II:
The adverse thing which came to the notice of the State Government
rendering him unsuitable for appointment to the service shall be treated as
having come to the notice of the State Government only if the details of the
same have been communicated to the Central Government and the Central Government
is satisfied that the details furnished by the State Government have a bearing
on the suitability of the officer and investigation thereof is essential.
5(6)
Omitted.
5(7)
Deleted.
6.
CONSULTATION WITH THE COMMISSION: The list prepared in accordance
with regulation 5 shall then be forwarded to the Commission by the State
Government along with:
(i)
the records of all members of the State
Civil Service included in the list;
(ii)
the records of all members of the State
Civil Service who are proposed to be superseded by the recommendations made in
the list;
(iii)
Deleted;
(iv)
The observations of the State Government
on the recommendations of the Committee.
6 (A)
The State Government shall also forward a copy of the list referred to in
regulation to the Central Government and the Central Government shall send their
observations on the recommendations of the Committee to the Commission.
7.
SELECT LIST.
7 (1)
The Commission shall consider the list prepared by the Committee
alongwith:-
(a)
the documents received from the State
Government under regulation 6;
(b)
the observations of the Central Government
and unless it considers any change necessary, approve the list.
7 (2)
If the Commission considers it necessary to make any changes in the list
received from the State Government, the Commission shall inform the State
Government and the Central Government of the changes proposed and after taking
into account the comments, if any, of the State Government and the Central
Government, may approve the list finally with such modifications, if any, as
may, in its opinion, be just and proper.
7 (3)
The list as finally approved by the Commission shall form the Select List
of the members of the State Civil Service.
Provided
that if an officer whose name is included in the Select List is, after such
inclusion, issued with a charge sheet or a charge sheet is filed against him in
a Court of Law, his name in the Select List shall be deemed to be provisional.
7 (4)
The Select List shall remain in force till the 31st day of
December of the year in which the meeting of the Selection Committee was held
with a view to prepare the list under sub-regulation (1) of regulation 5 or up
to 60 days from the date of approval of the Select List by the Commission under
sub-regulation (1) or, as the case may be, finally approved under sub-regulation
(2), whichever is later:
Provided also that where the select list is prepared for more than one
year pursuant to the second proviso to sub-regulation (1) of regulation 5, the
select lists shall remain in force till the 31st day of December of
the year in which the meeting was held to prepare such lists or upto sixty days
from the date of approval of the select lists by the Commission under this
regulation, whichever is later.
Provided
that where the State Government has forwarded the proposal to declare a
provisionally included officer in the Select List as ‘Unconditional’, to the
Commission during the period when the Select List was in force, the Commission
shall decide the matter within a period of forty-five days or before the
date of meeting of the next Selection Committee, whichever is earlier and if the
Commission declares the inclusion of the provisionally included officer in the
Select List as unconditional and final, the appointment of the concerned officer
shall be considered by the Central Government under regulation 9 and such
appointment shall not be invalid merely for the reason that it was made after
the Select List ceased to be in force.
Provided
further that in the event of any new service or services being formed by
enlarging the existing State Civil Service or otherwise being approved by the
Central Government as the State Civil Service under clause (j) of sub-regulation
(1) of regulation 2, the Select List in force at the time of such approval shall
continue to be in force until a new list prepared under regulation 5 in respect
of the members of the new State Civil Service, is approved under sub-regulation
(1) or as the case may be, finally approved under sub-regulation (2).
7 (5)
Omitted.
8. Omitted.
9.
APPOINTMENTS TO THE SERVICE FROM THE SELECT LIST:
9 (1)
Appointment of a member of the State Civil Service, who has expressed his
willingness to be appointed to the service, shall be made by the Central
Government in the order in which the names of the members of the State Civil
Service appear in the Select List for the time being in force during the period
when the Select List remains in force:
Provided
that the appointment of members of the State Civil Service shall be made in
accordance with the agreement arrived at under clause (b) of sub-rule (3) of
rule 8 of the Recruitment Rules in the order in which the names of the members
of the State Civil Service occur in the relevant parts of the Select List for
the time being in force.
Provided
further that the appointment of an officer, whose name has been included or
deemed to be included in the Select List provisionally, under proviso to
sub-regulation (5) of regulation 5 or under the proviso to sub-regulation (3) of
regulation 7, as the case may be, shall be made within sixty days after the name
is made unconditional by the Commission in terms of the first proviso to
sub-regulation (4) of regulation 7:
Provided
also that in case a Select List officer has expressed his unwillingness for
appointment to the service, he shall have no claim for appointment to the
service from that select list unless he informs the Central Government through
the State Government before the expiry of the validity period of the Select
List, revoking his earlier expression of unwillingness for appointment to the
service.
9 (2)
Omitted.
10.
POWER OF THE CENTRAL GOVERNMENT NOT TO APPOINT IN CERTAIN CASES:
Notwithstanding anything contained in these Regulations, the Central
Government may not appoint any person whose name appears in the Select List, if
it is of the opinion that it is necessary or expedient so to do in the public
interest.
Provided
that no such decision shall be taken by the Central Government without
consulting the Union Public Service Commission.
11.
Saving - Omitted.
Schedule (See
Regulation 3)
|
Sl. No. |
Name of the
State Cadre/Joint Cadre |
|
|
1. |
Arunachal
Pradesh, Goa, Mizoram and Union Territories |
a)
Chief
Secretary of the constituent State for which the meeting is held and in
respect of Union Territory segment the senior-most Chief Secretary amongst
the Chief Secretaries to the Union Territory administrations; b)
Senior-most
Chief Secretary of the remaining constituents of the Cadre; c)
The
Senior-most officer of the constituent segment serving in cadre, for which
the meeting is held, other than the Chief Secretary; d)
Special
Secretary/Additional Secretary, Government of India dealing with AGMUT
Cadre in Ministry of Home Affairs; and e)
Two
nominees of Government of India not below the rank of Joint Secretary. |
|
2. |
Assam-Meghalaya
and Manipur-Tripura Joint Cadres |
a)
Chief
Secretary of the constituent States; b)
The
Senior-most officer of the constituent segment serving in the State for
which the meeting is held, other than the Chief Secretary; and c)
Two
nominees of Government of India not below the rank of Joint Secretary. |
|
3. |
Other State
Cadres not included in Sl. No.1 and 2 above. |
a)
Chief
Secretary of the State Government; b)
The
Senior-most officer of the Cadre serving in the State, other than the
Chief Secretary; c)
Head
of General Administration Department/Personnel/ Revenue Department of the
State Government not below the rank of Secretary to the State Government;
and d)
Two
nominees of Government of India not below the rank of Joint Secretary. |
Footnote:- The principal rules were notified vide Notification No.14/1/54-AIS(II) dated 6.6.1955 and amended subsequently vide various GSR/Notification issued by the Govt. of India, DOPT from time to time.