5.THE INDIAN ADMINSTRATIVE SERVICE (APPOINTMENT BY PROMOTION) REGULATIONS; 1955

5 · THE INDIAN ADMINSTRATIVE SERVICE (APPOINTMENT BY PROMOTION) REGULATIONS; 1955

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; "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; '[State means a State specified in the First Schedule to the Constitution and includes a Union Territory]; "State Civil Service" means; 3(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 and 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; 3Athe Jammu and Kashmir Civil Service. in all ther cases; any service or services, approved for purposes of the Recruitment Rules by the Central Government in consultation with the State Government; 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. "State Government' means

3 · Constitution of the Committee to make Selection:- 3(1) There shall be constituted fora 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 correspondingentry of column 3 of the said Schedule:

115 · Preparation of a list of suitable officers: - 5(1) I2Each 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 inconsultation 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:

13 · Added vide notification No. 14015/27/99-AIS()-A dt: 25.07.2000 GSR 633(E) [Deleted] ibid 15 Amended vide Not_ No. 1039/2/76-AIS() dated 20.4.1976 16 Amended vide Not_ No. 11039/2/76-AIS(I) dated 20.4.1976 17 Amended ibid 18 Inserted vide DP&AR Not. No. 11039/21/76-AIS(III) , dated 1/6/78 19 Amended ibid

27 · Provided further that a member of the State Civil Service who has attained the age of 22A fifty-six years on the first day of January of the year for which the select list is prepared28 shall be considered by the Committee; if he was eligible for consideration on the first day of January of the year or of 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)29.

20 · Omitted vide Not.No.14015/4/88-AIS(),dt.1.8.89 21 Deleted vide 28013/20/76-AIS()-A, dated 5/10/79_ 22 Substituted vide DP&AR Not. No. 1039/2/76-AIS(I)-A; dated 20/4/76 22A Substituted vide DOPT Notification No. 14015/30/2015-AIS-| dated 17.03.2015 Amended vide notification No. 4015/27/99-AIS(I)-A dated 25.07.2000- GSR 633(E) 24 Ibid. Note 6_ 25 Amended vide Notification No. 14015/19/2001-AIS()-A dt. 13.10.2005 GSR No. dt: 26 Amended vide Notification No_ 14015/19/2001-AIS()-A dt. 13.10.2005 GSR No. dt: 27 Inserted vide 28013/20/76-AIS(I)-A; dated 5/10/79 28 Amended vide Notification No. 1401 5/27/99-AIS()-A dt. 25.7.2000_ GSR 633(A) 29 Added ibid. 30 Ibid. Note 6. 31 Substituted vide DP&AR Not No. 11039/6/76-AIS()-A dated 3/6/77 . 32 Substituted vide DP&AR Not.No. 11039/6/76-AIS()-A, dated 3/6/77 . 109

33 · Provided that the name of any 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:

386A · The State Government shall also forward a copy of the list referred to in regulation 6 to the Central Government and the Central Government shall send theirobservations on the recommendations of the Committee to the Commission.

7 · . Select List: - 39(1) The Commission shall consider the list prepared by the Committee along with -

33 · Inserted vide DP&AR Not. No. 14015/4/88-AIS() , dated 30/3/89 34 Amended vide notification No_ 14015/27/99-AIS()-A dt. 25.7.2000 GSR 633(E) 35 Ibid. Note 6_ 36 Deleted vide DP&AR Not: No. 11039/6/76-AIS()-A; dated 3/6/77 37 Deleted vide DP&AR No. No. 1039/3/78-AIS() , dated 2/6/79 38 Inserted vide DP&AR Notification No.14015/4/88-AIS-| dated 30.03.1989 39 Ibid. Note 20_

43 · 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 concernedofficer 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:

468 · [Omitted]

9 · Appointments to the Service from the Select List - 91) Appointment of a member of the State Civil Service, who has expressed his willingness to be appointed to the Service,

4910 · Power of the Central Government not to appoint in certain cases: 37 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 opinion that it is necessary or expedient so to do in the public interest:

11 · 5[Omitted]

47 · Ibid. Note 6_ 48 Ibid. Note 6_ 49 Ibid. Note 20_ 50 Ibid. Note 6_ 51 Amended vide Notification No. 14015/08/2001-AIS()-A dt: 31.01.2005 GSR No. 51 dt. 12.02.2005_

1 · 1. On the basis of the recommendations of the Committee on the Prevention of Corruption; it has been decided that the following certificate should be recorded by the Chief Secretary to the State Government who is the sponsoring authority in respect of all eligible officers whose case are placed before the Selection Committee for consideration:

1 · 2. The Selection Committee should also consider the question of suitability of the officers for selection with reference to their integrity and should specifically record in their proceedings that they were satisfied from the remarks in the confidential reports of the officers, selected by them for inclusion in the Select List, that there was nothing against their integrity: [G.L, M.H.A. letter No. 14/23/65-AIS(III), dated 8/6/1965, read with MHA letter No. 14/23/65- AIS(III) ; dated 28th July, 1 965.]

2 · 1 State Government is competent to declare any duly constituted Police Service in the State as equivalent to the Principal Police Service of the State for the purpose of regulation 2() and rule 2(g) of the I.P.S: (Recruitment) Rules, 1954. Where equivalence so declared, it is for the State Government to determine the service in ranks or categories of the posts which will be equivalent in service to the post of Deputy Superintendent of Police.

2 · 2 Equivalent posts in non-police departments are intentionally excluded from the scope of the eligibility clause (regulation 4), the reason being that experience not involving police duties should not be reckoned for this purpose. In the case of the I.A.S. however; service in equivalent posts is taken into consideration and the State Government have been given discretion to declare any post as equivalent to that of Deputy Collector for the purpose of determining the eligibility of an officer for consideration for inclusion in the Select List. This is because for holding posts in the I.A.S. experience in revenue and general administration is required and in some of the departments (other than police and revenue) the duties involved in the higher posts are of administrative nature.

2 · 3 As service in equivalent posts is not taken into account for determining the eligibility of a State Police Service officer for inclusion in the Select List; the State Governments would be well-advised not to send them on deputation to posts which are in non-police departments and which cannot be declared by them as equivalent to Principal Police Serviceof the State. [G.I.,MH.Aletter No. 28/38/64-AIS(III), dated 5/1/1965.]

3 · 1 It is open to the State Government to depute their officers in the State Police Service to the post of A.D.C. to Governor or a Security Officer in a Public Sector Undertaking which essentially requires the services of a police officer for the discharge of duties against the deputation reserve provided in the State Police Service cadre or in any other manner without declaring the non-police department as such in which these posts exist as equivalent to the Principal Police Service of the State: In these cases, service or deputation as AD.C. or Security Officer in non-police department will count as State Police Service under this regulation.

3 · 2 In case where a State Police Service Officer goes on deputation to such a post in a non-police departmentlpolice department before the inclusion of his name in the Select List and is remunerated at that stage on a scale of pay identical or nearly identical to the senior

2 · It has come to the notice of the Central Government recently where officers not specified in the relevant Schedule to the Promotion Regulation to participate in the Selection Committee meetings as members had participated in such meetings and this had the effect of vitiating the proceedings of the said Selection Committee: In order to avoid such a situation, the State Governments have been requested to ensure that their officers, who attend the meetings of the Selection Committees, are invariably those specified in column 3 of the Schedule to Regulation 3 of the I.A.SI.P.S. (Appointment by Promotion) regulation, 1955 and in sub-regulation (1) of Regulation 3 of the I.F.S: (Appointment by Promotion) Regulation, 1966. [DP & AR letter No. 11039/5/80-AIS(I), dated 10/11/80.]

3 · 1. It has been brought to the notice of the Government of India by the Commission that the State Governments do not bring out specifically to the notice of the Selection Committee/Commission cases where decisions on representations made against adverse entries are yet to be taken by the State Government: According to the Commission, this results in the officers who are not included in the Select List filing writ petitions against the selections made by the Selection Committees and in some cases the courts passing orders accepting the writ petitions and directing the respondents to review the proceedings of the Selection Committee ignoring the adverse entries

3 · 2. The State Govts. have been requested that while furnishing the materiallinformation to the Union Public Service Commission for holding the meetings of the Selection Committees, the State Governments should invariably furnish the following certificates:-

5 · After the amendments dated 31.12.1997, the State Govts. are to forward signed declaration of marital status and consent for termination of lien in the State Service on eventual substantive appointment is the IAS from the State Civil Service officers included in the consideration zone to the Central Government separately, even while sending proposals for convening the Selection Committee to the Commission: Any adverse development in respect of the officers included in the consideration zone which is likely to render him unsuitable for appointment to the Service for the time-being (e.g.) withdrawal of integrity certificate by the State Govt: issue of charge sheet / filing of criminal case against the officer etc should be immediately brought to the notice ofthe Central Government and Commission by the State Govt. concerned by FAX Speed Post and acknowledgement secured from the addressee. [DOP&T Lr_No.F.14015/1/98-AIS(I)dt. 6.7.1998]

7 · . Every State Civil Service officer eligible and falling in the consideration zone framed under Regulation 5(2) shall be considered and graded by the Selection Committee and the list of suitable officers drafted in accordance with Regulation 5(4) and 5(5) of the Promotion Regulations: The choice of option exercised by the State Civil Service officer for promotion to IAS shall be reckoned with by the Central Government only in case of their inclusion in the select list after its approval by the Commission, in terms of third proviso to Regulation 9(1) of the Promotion Regulations: [DOP&T Letter .No. 14015/16/99-AIS(I) dated 22.11.1999]

1 · The appointment of a State Service officer to an AlI India Service against the promotion quota or otherwise is appointment in a substantive capacity outside his cadre. His lien on the post in the State Service shall, therefore, be suspended under Fundamental Rule 14(a) (2) and his written consent obtained for the termination of his lien on the post in the State Service before he is confirmed in the All India Service. The written consent should be obtained by the State Government while recommending the names of State Service officers for appointment to the All India Service. [G.L, M.H.A: letter No. 4/4/60-AIS(II), dated 15/10/1960.]