THE
INDIAN ADMINISTRATIVE SERVICE
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1. Short title and
commencement:-
(i)
These regulations may be called the Indian
Administrative Service (Appointment by Selection) Regulations, 1997.
(ii)
They shall come into force on the first
day of January 1998.
2. Definitions:
(i)
In these regulations unless the context otherwise requires:
a)
“Committee” means the Committee as
constituted under regulation 3 of the Indian Administrative Service (Appointment
by Promotion) Regulations 1955;
b)
“Promotion Regulations” means the
Indian Administrative Service (Appointment by Promotion) Regulations 1955;
c)
“recruitment rules” means the Indian
Administrative Service (Recruitment) Rules 1954; and
d)
words and expressions used herein and not
defined but defined in the Indian Administrative Service (Recruitment) Rules
1954 and Indian Administrative Service (Appointment by Promotion) Regulations
1955 shall have the meanings respectively assigned to them in those Rules and
Regulations.
3. Determination
of vacancies to be filled:
The
Central Government shall, in consultation with the State Government concerned,
determine the number of vacancies for which recruitment may be made under these
regulations each year. The number of vacancies shall not exceed the number of
substantive vacancies, as on the first day of January of the year, in which the
meeting of the Committee to make the selection is held.
4.
State Government to send proposals for consideration of the Committee:
(1)
The State Government shall consider the
case of a person not belonging to the State Civil Service but serving in
connection with the affairs of the State who,
i)
is of outstanding merit and ability; and
ii)
holds a Gazetted post in a substantive
capacity; and
iii)
has completed not less than 8 years of
continuous service under the State Government on the first day of January of the
year in which his case is being considered in any post which has been declared
equivalent to the post of Deputy Collector in the State Civil Service and
propose the person for consideration of the Committee. The number of persons
proposed for consideration of the Committee shall not exceed five times the
number of vacancies proposed to be filled during the year:
Provided
that the State Government shall not consider the case of a person who has
attained the age of 54 years on the first day of January of the year in which
the decision is taken to propose the names for the consideration of the
Committee.
Provided
also that the State Government shall not consider the case of a person who,
having been included in an earlier Select List, has not been appointed by the
Central Government in accordance with the provisions of regulation 9 of these
regulations.
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5).
Preparation of a list of suitable officers by the Committee.
The
Committee shall meet every year to consider the proposal of the State Government
made under regulation 4 and recommend the names of the persons, not exceeding
the number of vacancies to be filled under regulation 3, for appointment to the
service. The suitability of a person for appointment to the service shall be
determined by scrutiny of service records and personal interview:-
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 recruitment of
persons under sub-rule (2) to rule 8 read with proviso to sub-rule (1) to 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 recruitment under sub-rule (2) to rule 8 read with
proviso to sub-rule (1) to rule 9 of the recruitment rules; or
(c)
the Commission, either on its own or on a
proposal made by the Central Government or the State Government, considers that
it is not practicable to hold a meeting of the Committee during the year, in the
facts and circumstances of each case.
Explanation: In
case of Joint Cadres, a separate Select List shall be prepared in respect of
each constituent having a State Civil Service.
6. Consultation
with the Commission:-
(1)
The recommendations of the Committee made
under regulation 5 shall be placed before the State Government concerned which
shall forward the same to the Commission for approval along with
(i)
the confidential records of the officer
concerned; and
(ii)
the observations, if any, of the State
Government and the recommendations of the Committee.
(2)
The State Government shall also forward
the recommendations of the Committee and its observations, if any, to the
Central Government. The Central Government shall forward their observations, if
any, on the recommendations of the Committee, to the Commission.
7. Preparation
of Select List by the Commission.
(1)
The Commission shall consider the list
prepared by the Committee, the observations, if any, of the Central Government
and the State Government concerned on the recommendations of the Committee and
approve the list subject to the provisions of sub-regulation (2) which shall be
termed as a Select List.
(2)
If the Commission considers if necessary
to make any amendment in the list, it shall consult the Central Government and
the State Government concerned and after taking into account the comments, if
any, of the Central Government and the State Government concerned, may approve
the list which such amendments, if any, as are in its opinion, just and proper.
8. Appointment
to the service from the Select List.
(1)
Appointment of persons who are included in
the Select List, and are willing to be appointed to the service, shall be made
by the Central Government, within a period of sixty days, in the order in which
the names of such persons appear in the Select List;
Provided
that the appointment of persons who are included in the Select List 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 such
persons appear in the relevant parts of the Select List;
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 end of the year in which the meeting of the
Committee is held to prepare the Select List or within sixty days of the date of
the letter conveying his expression of unwillingness to be appointed to the
service whichever is later, revoking his earlier expression of unwillingness for
appointment to the service.
9. 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 and without recording the reasons
therefore.