In pursuance of sub-rule (1) of rule 8 of the Indian Police 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 Police Service (Appointment by Promotion) Regulations 1955.
2.
DEFINITIONS:-
(I) 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 Police
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
Police Service (Recruitment) Rules, 1954;
g)
`Schedule’ means a Schedule appended to
these regulations;
h)
`Service’ means the Indian Police
Service;
i)
`State’ means a State specified in the
First schedule to the Constitution and includes a Union Territory;
j)
`State Police Service’ means :
i)
For the purpose of filling up the
vacancies in the Indian Police 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 Police Service;
b)
The Goa Police Service;
c)
The Pondicherry Police Service:
d)
The Mizoram Police Service;
e)
The Arunachal Pradesh Police Service
ii)
In all other cases, the principal Police
Service of a State, a member of which normally holds charge of a sub-division of
a district for purposes of police administration and includes any other duty
constituted police service functioning in a State which is declared by the State
Government to be equivalent thereto:
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.
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 Joint Cadre specified in
column 2 of the 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 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 an All India Service;
(ii)
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; and
(iii)
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 the meetings.”
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 Police Service as are held by them to be suitable for
promotion to the Service. The
number of members of the State Police 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 Police Service under
rule 9 of the recruitment rules; or
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 Police 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 Police Service.
5(2)
The Committee shall consider for inclusion to the said list, the cases of
members of the State Police 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 Police Service unless on
the first day of January of the year for which the Select List is prepared he is
substantive in the State Police Service and has completed not less than eight
years of continuous service (whether officiating or substantive) in the post of
Deputy Superintendent of Police 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 Police 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 that four years of actual continuous service, on the 1st day
of January of the year for which the Select List is prepared, in the post of
Deputy Superintendent of Police 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 Police
Service of constituent State, by the Government of that State.
5 (2) (A):
Deleted.
5 (3):
The Committee shall not consider the cases of the members of the State
Police 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
Police 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 Police 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 (3) (A)
The Committee shall not consider the case of such member of the State
Police 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 unwillingness to be considered for appointment to the service;
b)
was not appointed to the service by the
Central Government under regulation 9 (a).
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 Police 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 yearwise 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 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
Police Service included in the list;
ii)
the records of all members of the State
Police 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 along
with:
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
these 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 Police 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 up to 60 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.
Provide further
that in the event of any new service or services being formed by enlarging the
existing State Police Service or otherwise being approved by the Central
Government as the State Police 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 Police 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 Police 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 Police
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 Police 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 Police 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 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 of the Select List
revoking his earlier expression of unwillingness for appointment to the service.
9 (2)
Omitted.
9 (a).
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.
10.
Saving -
Omitted.
Schedule (See
Regulation 3)
|
Sl. No. |
Name of the
State Cadre/Joint Cadre |
Other Members
of the Committee |
|
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)
The
senior-most Chief Secretary of the remaining constituents of the Cadre; c)
DGP
of the constituent State for which the meeting is held.
In respect of Union Territory segment, the Commissioner of Police,
Delhi; d)
Head
of Home Department of the constituent segment for which the meeting is
held, not below the rank of Secretary to Government. In case of Union Territory segment, the senior-most officer
looking after Home Department among all Union Territories; e)
Special/Additional
Secretary, Government of India, dealing with AGMUT cadre in Ministry of
Home Affairs; and f)
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 Governments of the constituent States; b)
Director
Generals of Police of the constituent States; and c)
Two
nominees of Government of India not below the rank of Joint Secretary. |
|
3. |
Other Cadres |
a)
Chief
Secretary of the State Government; b)
Secretary,
Home Department or Principal Secretary (Home) of the State Government as
the case may be; c)
The
Director General of Police of 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.14/2/54-AIS(II) dated 6.6.1955 and amended subsequently vide various GSR/Notification issued by the Govt. of India, DOP&T from time to time.