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.
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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.
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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.
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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.
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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).
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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.
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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.