Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com INDIAN POLICE SERVICE (APPOINTMENT BY PROMOTION) REGULATIONS, 1955 CONTENTS 1. Short title 2. Definition 3. Constitution of the Committee to make selection 5. Preparation of a list of suitable officers 6. Consultation with the Commission 6A. 6-A 7. Select List 8. Appointments to cadre posts from the Select List 9. Appointments to the Service from the Select List 9A . Power of the Central Government not to appoint in certain cases 10. Saving SCHEDULE 1 :- SCHEDULE INDIAN POLICE SERVICE (APPOINTMENT BY PROMOTION) REGULATIONS, 1955 In pursuance of sub-rule (1) of rule 9 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. Definition :- (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 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 1[ a State specified in the First Schedule to the Constitution and includes a Union Territory] (j) 'State Police Service' means'- 2[(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 and Nicobar; (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 duly constituted police service functioning in a State which is declared by the State Government to be equivalent therto ; (k) 'State Government' means- 3(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 Ste in respect of which a Joint Cadre of the Service is constituted, the Joint Cadre Authority]; 4[(iii) in relation to a group of Union Territories 5[ x x x] in respect of which a Joint Cadre of the Service is constituted, the Central Government.] 6 (l) 'year' means the period commencing on the first day of January and ending on the thirty first 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 there in the Recruitment Rules. 1. Sub. by Notification No. 10/5/61 AIS (I), dated 1st September, 1961. 2. Subs. by G.S.R. 63(E) dated 24th January 1989. 3. Sub. vide M.H.A. notification No 13/21/50 dated 1st November, 1956. 4. Subs. by DP Notification No. 13/4/71-AIS(I), dated 11th January, 1972. 5. Omitted by DP Notification No. l/l/72-AIS(i), dated 10th October, 1972. 6. Substituted for " 4 [(l) 'Years' means the period commencing on the first day of April and ending on the 31st day of March of the subsequent year.] ", vide " INDIAN POLICE SERVICE (APPOINTMENT BY PROMOTION) REGULATIONS, 1955" Dt.31st December, 1997 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel and Training), Noti. No. G.S.R. 733(E), dated December 31, 1997, published In the Gazette of India, Extra., Part II, Section 3(i), dated 31st December, 1997, pp. 18-19, No. 511 [File No. 14015/52/96-AIS(1)-B] [L] 3. Constitution of the Committee to make selection :- (1) 1[There shall be constituted for a State Cadre or a joint cadre, 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 the following other members namely:- (a) For States other than Joint Cadres : (i) Chief Secretary; (ii) Officer not below the rank of Secretary to the Government Incharge of Home Department; (iii) Director-General and Inspector-General of Police; OR Where no Cadre post of Director-General and Inspector General of Police exists, then the Inspector-General of Police; (iv) A member of the Service not below the rank of Deputy Inspector- General of Police; and (v) A nominee of the Government of India not below the rank of Joint Secretary. (b) For Joint Cadres other than Arunachal Pradesh-Goa-Mizoram- Union Territories: (i) Chief Secretaries to the Governments of the Constituent States; (ii) Director-General and Inspector-General of Police of the Constituent States; OR Where no cadre post of Director-General and Inspector-General of Police exists, then the Inspector-General of Police of the Constituent States; (iii) A nominee of the Government of India not below of the Constituent States; NOTE: The position of the Committee for the Joint Cadre of Arunachal Pradesh- Goa-Mizoram-Union Territories will be determined separately in consultation with the Joint Cadre Authority for the said Cadre.] (2) The Chairman or the member of the Commission shall preside at all meetings of the Committee at which he is present. 2[(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 [ * \* \* \*] 1. Sub. by O.S.R. 967 (E), dated 7th Nov. 1989. 2. Ins. by MHA Notification No. 17/19/78-AIS(III)-B, 2nd June, 1959. 3. Rule 4 deleted by MHA Notification No. 1/1/72-AIS, dated 12th October, 1972. 5. Preparation of a list of suitable officers :- 1(1) Each Committee shall ordinarily meet every year and prepare a list of such members of the State Police Services 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; or (c) the Commission, on its own or on a proposal made by either the Central Government or the State Government, after considering the facts and circumstances of each case, decides that it is not practicable to hold a meeting of the Committee to make the selection to prepare a select list. Explanation.-In the case of joint cadres, a separate select list shall be prepared in respect of each State Police Service. 2[(2) The Committee shall consider for inclusion in the said list, the cases of members of 3[the State Police Service in the order of seniority in that service of a number which is equal to three] times the number referred to 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 on consideration, the number of officers referred to in sub-regulation (3) shall be excluded: 4[first day of 5["January"]] of the year in which it meets 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 therto by the State Government: Explanation-The powers of the State Government under the third proviso to this sub-regulation shall be exercised in relation to the members of the State Civil Service of a constituent State, by the Government of that State. 6[(3) The committee shall not consider the case of the Members of the State Police Service who have attained the age of 54 years on the first day of 7["January"] of the year in which it meets ]: 8["Provided that a member of the State Police Service whose name appears in the select list in force immediately 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 the 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."] 9[Provided further that a member of the State Police Service who has attained the age of fifty-four years on the first day of April of the year in which the Committee meets shall be considered by the Committee, if he was eligible for consideration on the first day of April 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.] 10(3A) 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 willingness to be considered for appointment to the Service; (b) was not appointed to the Service by the Central Government Regulation 9(a). 11[(4) The Selection Committee shall classify the eligible officers as 'Outstanding,'s 'Very Good', 'Good' or 'Unfit', as the case may be, on an overall relative assessment of their service records.] (5) The list shall be prepared by including the required number of names, first from amongst the officers finally classified as 'Outstanding' them from amongst those similarly classified as 'Very Good', and thereafter from amongst those similarly classified as 'Good' and the order of names interse within each category shall be in the order of their seniority in 12[the State Police Service:] 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 officer or any proceedings are conemplated or pending against him or anything adverse against him has come to the notice of the State Government. 13[(6) [**14*] 15[ * * * *] 11[(6-A) 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 their observations on the recommendations of the Committee to the Commission.] GOVERNMENT OF INDIA'S DECISION: 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 cases are placed before the selection Committee for consideration: "The State Government certify the integrity of Shri..................................... with reference to the entries in his annual confidential reports." 171 . 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. 182.3, 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 the Principal Police Service of the State. 193.2. In cases where a State Police Service Officers goes on deputation to such a post in a non-police department/police department before the inclusion of his name in the Select List and is remunerated at that stage on scale of pay identical or nearly identical to the senior scale of the I.P.S. he would to be allowed to count his officiation in such posts towards his eventual fixation of seniority if and when he is subsequently appointed to the I.P.S. 204. The essence of holding Selection Committee meeting annually is that each annual proceeding is independent of the other. That is why, as soon as the proceedings of the new Selection Committee are approved by U.P.S.C. the proceedings of the earlier Selection Committee meeting become inoperative. No manner of continuity can, therefore be imputed to the proceedings of the variours Selection Committees. 215. Sub-regulation (4) merely states that the Select List shall be reviewed and revised every year and does not further say that it can be reviewed and revised only after the expiry of a year. The validity of a Select List is not, therefore, affected on the ground that it was prepared earlier than the expiry of one year from the date of preparation of the earlier Select List. 6. The calculation under sub-regulation (1), of the size of Select List in terms of 10% of the senior duty posts may include the posts coming within the purview of both items 1 and 2 of the cadre strengths of each State. In calculating the percentage, however all fractions are to be ignored because otherwise the statutory provision would stand violated. 227. The Government of India have held that Select Lists are to be maintained only of the purpose of making substantive appointments of the members of the State Civil/police Service to the I.A.S./I.P.S. against the vacancies in promotion posts. At best, the Select Lists can be utilised for making temporary appointments of such officers to cadre posts in accordance with the provisions of Rule 9 of the Cadre Rules. Select Lists are not maintained for making appointments to non-cadre posts declared equivalent to cadre posts. In the exigencies of service adjustments of posting is required to be made within a period of three months. 238. The provision for restricting the size of the Select Lists has been introduced with a view that Select List may not be utilised for purposes other than holding of cadre posts only in an officiating or substantive capacity. This has been done in order to protect the interest of cadre officers as the tendency in the past has been to give benefit of seniority to Select List officer as against cadre officers for officiation in the posts which are outside the I-A.S. cadre. 249. Having regard to the provision contained in the proviso to the sub-regulation (4) of Regulations 7 of the IAS (Appointment of promotion). Regulation, 1955, the State Government/the Joint Cadre Authority, while making recommendations for the appointment of a member of the State Civil Service to the Indian Administrative Service may forward a certificate on the following lines: "The State Government/the Joint Cadre Authority certifies that subsequent to the inclusion of the name of Shri..................................in the Select List, there has been no deterioration in his work as to render him unsuitable for appointment to the Indian Administrative Service nor has any lapse i n his conduct or performance of duties in his part come to the notice of the State Government/the Joint Cadre Authority". 2510. It has come to the notice of the Central Government recently where officers not specified in the relevant Schedule to the Promotion Regulations to participate in the Selection Committee meetings as members had participated in such meetings and this had the affect o f vitiating the proceedings of the said Selection Committees. In order to avoid such a situation, the State Governments have been requested to insure 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.S/I.P.S (Appointment by promotion) Regulations, 1955 and in sub-regulation (1) of Regulation 3 of the I.F.S. (Appointment by Promotion) Regulations, 1966. 26(c) Representations against adverse entries in respect of the following officers have been received within the stipulated time by the decision of the State Government, is yet to be taken. 2712. According to the existing practice, members of the State Civil/Police/Forest Service whose Suitability for promotion to the I.A.S/I.P.S/I.F.S, is considered by the Selection Committee and against whom disciplinary proceedings are pending arc included in the Select List subject to clearance of enquiries pending against them. The State Governments have been requested that a list of officers against whom disciplinary proceedings are pending and a list of those in respect of whom it has been finally decided to institute disciplinary proceedings, may invariably be given to the Chairman of the Selection Committee as in the proforma enclosed at the time of the meetings of the Committee. 28 It has also been clarified that no appointments from a Select List can be made on and after the date of the meeting of the next Selection Committee. 1. Substituted for " 4 [(1) Each Committee shall ordinarily meet at intervals not exceeding one 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 calculated a s the number of the substantive vacancies anticipated in the course of the period of 12 months, commencing from the date of preparation of the list, in the posts available for them under rule 9 of the Recruitment Rules plus twenty per cent of such number or two whichever is greater. Explanation case opf Joint cadres, a separate select list shall be prepared in respect of each State Police Service, the size of each select list being determined in the manner indicated above.] ", vide " INDIAN POLICE SERVICE (APPOINTMENT BY PROMOTION) REGULATIONS, 1955" Dt.31st December, 1997 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel and Training), Noti. No. G.S.R. 733(E), dated December 31, 1997, published In the Gazette of India, Extra., Part II, Section 3(i), dated 31st December, 1997, pp. 18-19, No. 511 [File No. 14015/52/96-AIS(1)-B] [L] 2. Subs. by DP and AR Notification No. 11039/2/76-AIS(I), dated 20th April, 1976. 3. Subs. by DP and AR Noti. No. 11039/66-77-AIS(1)(B), dated 19th March, 1983. 4. Subs. by 967 (E), dated 7th Nov. 1989. 5. Substituted for "April", vide " INDIAN POLICE SERVICE (APPOINTMENT BY PROMOTION) REGULATIONS, 1955" Dt.31st December, 1997 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel and Training), Noti. No. G.S.R. 733(E), dated December 31, 1997, published In the Gazette of India, Extra., Part II, Section 3(i), dated 31st December, 1997, pp. 18-19, No. 511 [File No. 14015/52/96-AIS(1)-B] [L] 6. Subs. by DP and AR Notification No 28013/20/76-AIS(I)-B, dated 5th April, 1979. 7. Substituted for "April", vide " INDIAN POLICE SERVICE (APPOINTMENT BY PROMOTION) REGULATIONS, 1955" Dt.31st December, 1997 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel and Training), Noti. No. G.S.R. 733(E), dated December 31, 1997, published In the Gazette of India, Extra., Part II, Section 3(i), dated 31st December, 1997, pp. 18-19, No. 511 [File No. 14015/52/96-AIS(1)-B] [L] 8. Substituted for "Provided that a member of the State Police Service whose name appears in the Select List in force immediately before the date of the meetings of the Committee shall be considered for inclusion in the fresh list, to be prepared by the Committee, even if he has in the mean while attained the age of 52 years: ", vide " INDIAN POLICE SERVICE (APPOINTMENT BY PROMOTION) REGULATIONS, 1955" Dt.31st December, 1997 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel and Training), Noti. No. G.S.R. 733(E), dated December 31, 1997, published In the Gazette of India, Extra., Part II, Section 3(i), dated 31st December, 1997, pp. 18-19, No. 511 [File No. 14015/52/96-AIS(1)-B] [L] 9. Ins. Subs. by DP and AR Notification No 28013/20/76-AIS(I)-B, dated 5th April, 1979. 10. Inserted vide " INDIAN POLICE SERVICE (APPOINTMENT BY PROMOTION) REGULATIONS, 1955" Dt.31st December, 1997 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel and Training), Noti. No. G.S.R. 733(E), dated December 31, 1997, published In the Gazette of India, Extra., Part II, Section 3(i), dated 31st December, 1997, pp. 18-19, No. 511 [File No. 14015/52/96-AIS(1)-B] [L] 11. Subs. by DP and AR Notification NO. 11039/6/76-AIS(I)-B, dated 3rd June, 1977. 12. Sub. for "The State police" by G.S.R. 967 (E), dated 7th Nov. 1989. 13. Re-numbered by MHA Notification No. 16/1/68-AIS(III), dated 9th April, 1970. 14. Omited for "The list so prepared shall be reviewed and revised every year.]", vide " INDIAN POLICE SERVICE (APPOINTMENT BY PROMOTION) REGULATIONS, 1955" Dt.31st December, 1997 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel and Training), Noti. No. G.S.R. 733(E), dated December 31, 1997, published In the Gazette of India, Extra., Part II, Section 3(i), dated 31st December, 1997, pp. 18-19, No. 511 [File No. 14015/52/96-AIS(1)-B] [L] 15. Deleted by DP and AR Notification No. 11039/6/76-AIS(I)-B, dated 3rd June, 1977. 17. G.I. 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, 1965. 18. (G.I, M.H.A. letter No. 28/38/64-AIS(III) dated 5th January, 1965.) 19. [G.I., M.H.A. letter No. 15/13/65-AIS(I), dated 7th July, 1965.] 20. [G.I., M.H.A, letter No. 27/38/64-AIS(III), dated 21-December 1964.] 21. [G.I., M/Law U.O. No 7082/64, dated 10th January, 1965 in M.H.A File No. 28/41/M-AIS(III).] 22. [G.I., M.H.A. letter No. 14/51/65-AIS(III), dated 21th February, 1966 read with letters No. 19/3/66-AIS (III), dated 26th April and No. 15/79/66-AIS(III), dated 17th October, 1966.) 23. [G.I., M.H.A letter No. 15/79/66-AIS(III), dated 17th October, 1966.] 24. [DP and AR letter No. 11/4/73-AIS(III), dated 22nd May, 1973.1 25. [DP and AR letter No. 11039/5/84-AIS(1), dated 10th November, 1980.] 26. [DP and AR letter No. 14015/14/81-AIS-1, dated 7th July, 1981] 27. [DP and AR letter No. 14015/28/81-AIS-I, dated 6th February. 1982.] 28. [DP and AR letter No. 14015/2/84-AIS(I), dt. 31st May, 1984.] 6. Consultation with the Commission :- The list prepared in accordance with regulation 5 shall then be forwarded to the Commission by the State Government alongwith- (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; 1(iii) the observation of the State Government on the recommendations of the Committee.] GOVERNMENT OF INDIA'S INSTRUCTIONS: The State Government shall forward the list, together with copy of the proceedings of the Selection Committee to the Ministry of Home Affairs also simultaneously. While forwarding the list, they shall indicate: (i) the full details of the vacancies, against which the approved officers are proposed to be appointed; and 2 (ii) whether any of the officers included in the Select List and recommended for appointment has more than one wife living. 1. Omitted and Renumbered by Notification No. 11039/3/78-AIS-I- B, dated 2nd June, 1979. 2. [G.I., M.H.A letter No. 5/4/56-AIS(I), dated 13th June, 1956.] 6A. 6-A :- 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 their observations on the recommendations of the Committee to the Commission.] 7. Select List :- ( 1 ) 1T h e Commission shall consider the list prepared by the Committee alongwith- (a) the documents received from the State Government under regulation 6; (b) the observation of the Central Government and unless it considers any change necessary, approve the list.] 2(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 modification, if any, as may, in its opinion, be just and proper. (3) The list as finally approved by the Commission shall form the Select List of the members of the State Police Service. 3(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 sixty 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 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 ninety 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 Police Service or otherwise being approved by the State 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 t o 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). [**4 *] 1. Sub. Ins. by G.S.R. 967 (E), dated 7th Nov. 1989. 2. Substituted for " (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 of the changes proposed and after taking into account the comments, if any, of the State Government may approve the list finally with such modification, if any, as may, in its opinion, be just and proper. ", vide " INDIAN POLICE SERVICE (APPOINTMENT BY PROMOTION) REGULATIONS, 1955" Dt.31st December, 1997 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel and Training), Noti. No. G.S.R. 733(E), dated December 31, 1997, published In the Gazette of India, Extra., Part II, Section 3(i), dated 31st December, 1997, pp. 18-19, No. 511 [File No. 14015/52/96-AIS(1)-B] [L] 3. Substituted for " 1 [(4) The Select List shall ordinarily be in force until its review and revision, effected under sub-regulation (4) of regulation 5. is approved under sub-regulation (1) or, as the case may be finally approved under sub-regulation (2):] 2 [Provided that no appointment to the Service under regulation 9 shall be made after the meeting of the fresh Committee to drawn up a fresh list under regulation 5 is held.] 3 [Provided 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 (i) 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): Provided further that in the event of a grave lapse in the conduct or performance of duties on the part of any member of the State Police Service included in the Select List, a special review of the Select List may be made at any time at the instance of the State Government and the Commission may, if it so thinks fit, remove the name of such member of the State Police Service from the Select List. ", vide " INDIAN POLICE SERVICE (APPOINTMENT BY PROMOTION) REGULATIONS, 1955" Dt.31st December, 1997 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel and Training), Noti. No. G.S.R. 733(E), dated December 31, 1997, published In the Gazette of India, Extra., Part II, Section 3(i), dated 31st December, 1997, pp. 18-19, No. 511 [File No. 14015/52/96-AIS(1)-B] [L] 4. Omited for " 4 [(5) Every person included in the Select List who has not attained the age of 32 years on the date on which the Select List is finally approved by the Commission shall undergo such training in the Sardar Vallabbhai Patel National Police Academy, Hyderabad, the State Training Institutions and other established training institutions in the country for such period as the Central Government may consider necessary]. ", vide " INDIAN POLICE SERVICE (APPOINTMENT BY PROMOTION) REGULATIONS, 1955" Dt.31st December, 1997 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel and Training), Noti. No. G.S.R. 733(E), dated December 31, 1997, published In the Gazette of India, Extra., Part II, Section 3(i), dated 31st December, 1997, pp. 18-19, No. 511 [File No. 14015/52/96-AIS(1)-B] [L] 8. Appointments to cadre posts from the Select List :- ***] 9. Appointments to the Service from the Select List :- 1(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 in a Joint Cadre, the appointment of members of the State Police Service shall, subject to any agreement regarding filling up of the vacancies in the Joint Cadre by promotion of a member of the State Police Service serving in connection with the affairs of any such State, be made 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 the 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. [**2 *] 1. Substituted for " 2 (1) Appointments of members of the State Police Service to the Service shall be made by the Central Government on the recommendations of the State Government in t h e order in which the names of members of the State Police Service appear in the Select List for the time being in force: Provided that the appointment of member of the State Police Service shall be made in accordance with the agreement arrived at under sub-rule (5) of rule 9 of the Recruitment Rules in the order in which the names of the members of the State Police Service occur in the relevant part of the Select List for the time being in force: 3 [Provided further that the appointment of an officer, whose name has been included in the select list provisionally, under proviso to sub-regulation (5) of regulation 5 shall be made after his name is made unconditional by the Commission on the recommendations of the State Governments during the period the Select list remains in force. While making appointment of an officer junior to a select list officer whose name has been included provisionally in the select list, one post will have to be kept vacant for such a provisionally included officer: Provided also that in case where a select list officer whose turn for appointment has come, has expressed his unwillingness for appointment to the service and the State Government concerned informs the Central Government accordingly, his juniors from the select list shall be appointed without keeping any post reserved for such an officer. He shall have no claim for appointment to the service from that select list.] ", vide " INDIAN POLICE SERVICE (APPOINTMENT BY PROMOTION) REGULATIONS, 1955" Dt.31st December, 1997 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel and Training), Noti. No. G.S.R. 733(E), dated December 31, 1997, published In the Gazette of India, Extra., Part II, Section 3(i), dated 31st December, 1997, pp. 18-19, No. 511 [File No. 14015/52/96-AIS(1)-B] [L] 2. Omited for " (1) Appointments of members of the State Police Service from the Select List to posts borne on the State Cadre or the Joint Cadre of a group of States, as the case may be, shall be made in accordance with the provisions of rule 9 of the Cadre Rules. In making such appointments the State Government shall follow the order in which the names of such officers appear in the Select List. (2) Notwithstanding anything contained in sub- regulation (1) where administrative exigencies so require a member of the State Police Service whose name is not included in the Select List, or who is not next in order in that Select List, may, subject to the aforesaid provisions of the Cadre Rules, be appointed to a cadre post if the State Government is satisfied, - (i) that the vacancy is not likely to last for more than three months; or (ii) that there is no suitable cadre officer available for filling the vacancy: Provided that where any such appointment is made in a State, the State Government shall forthwith report to the Central Government together with the reasons for making the appointment: Provided further that where administrative exigencies so require, such appointments may be continued in a cadre post beyond a period of three months with the prior concurrence of the Central Government.] 1 [Explanation.- Where a Select list is prepared in the case of Joint Cadre under sub-regulation (2-A) of regulation 5 the appointment of a member of the State Police Service whose name appears in the Select List shall be made only to a post under the Government of the Constituent State controlling the State Police Service to which the member belongs and in making such appointment, the Constituent State concerned shall follow the order in which the names appear in that part of the Select List:] Provided that where administrative exigencies so require, a member of the State Police Service who is not next in order in that part of the Select List may, subject to the provisions of rule 9 of the Cadre Rules be appointed to a Cadre post if the State Government is satisfied- (i) that the vacancy is not likely to last for more than three months; or (ii) that there is no suitable Cadre Officer available for filling the vacancy. ", vide " INDIAN POLICE SERVICE (APPOINTMENT BY PROMOTION) REGULATIONS, 1955" Dt.31st December, 1997 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel and Training), Noti. No. G.S.R. 733(E), dated December 31, 1997, published In the Gazette of India, Extra., Part II, Section 3(i), dated 31st December, 1997, pp. 18-19, No. 511 [File No. 14015/52/96-AIS(1)-B] [L] 9A. Power of the Central Government not to appoint in certain cases :- Nowithstanding anything contained in these Regulations 1 [***]. 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: Provided that no such decision shall be taken by the Central Government without consulting the Union Public Service Commission.] 1. Omited for "or the recommendations made by the State Government concerned under Regulation 9(1)", vide " INDIAN POLICE SERVICE (APPOINTMENT BY PROMOTION) REGULATIONS, 1955" Dt.31st December, 1997 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel and Training), Noti. No. G.S.R. 733(E), dated December 31, 1997, published In the Gazette of India, Extra., Part II, Section 3(i), dated 31st December, 1997, pp. 18-19, No. 511 [File No. 14015/52/96-AIS(1)-B] [L] 10. Saving :- ***] SCHEDULE 1 SCHEDULE [SCHEDULE x x x]