Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com INDIAN POLICE SERVICE (PROBATION) RULES, 1954 CONTENTS 1. Short title 2. Definitions 3. Period of Probation 3A. Confirmation 4. Execution of Agreements 5. Training 6. Attendance at Lectures etc 7. Final Examination 8. Failure to appear at the Final Examination in Certain circumstances 9. Failure to pass the final examination 10. Seniority of Probationer 11. Discipline and conduct 12. Discharge of a probationer 13. Salary during the period of probation 14. Travelling allowance 15. Inherent Powers 16. Interpretation 17. Repeal and saving SCHEDULE 1 :- SCHEDULE INDIAN POLICE SERVICE (PROBATION) RULES, 1954 In exercise of the powers conferred by sub-section (1) of Section 3 of the All- India Services Act, 1951 (LXI of 1951), the Central Government, after consultation with the Governments of the States concerned, hereby makes the following rules, namely:- 1. Short title :- These rules may be called the Indian Police Service (Probation) Rules, 1954. 2. Definitions :- In these rules, unless the context otherwise requires,- 1[(a) * * *] 1[(b) * * *] (c) 'Commission' means the Union Public Service Commission; 3[(d) * * *] 4[(e) 'Probationer' means a person appointed to the Service on probation and includes an 'exempted probation' when he is appointed to the Service on probation;] 5[(ee) 'Exempted probationer' means a person who, on being allocated to the Service, has expressed his intention to appear at the next examination as defined in the Indian Police Service (Appointment by Competitive Examination) Regulations, 1955, and has been permitted to abstain from probationary training in order to so appear;] (f) 'Period of probation' in relation to, a probationer means the period of probation specified in rule 3; (g) 'Schedule' means a Schedule appended to these rules; (h) 'Service' means the Indian Police Service; 6[(i) State Government concerned in relation to a probationer allotted to a joint cadre, means the Joint Cadre Authority.] 1 [(j) * * *] 1. Deleted by M.H.A. Notification No. 25/2/68-AIS (III), dated 11th September, 1968. 3. Deleted by M.H.A. Notification No. 25-5-66-AIS (III), dated 11th January, 1976. 4. Subs. by G.S.R. 279, dated 31st March, 1987. 5. Ins. Subs. by G.S.R. 279, dated 31st March, 1987. 6. Subs. by DP Notification No. 13/4/71-AIS (I), dated 11th January, 1972. 3. Period of Probation :- 1[(1) Every person recruited for the service in accordance with the Indian Police Service (Appointment by Competitive Examination) Regulations, 1955 shall be appointed to the Service on probation for a period of two years.] (2) Every person recruited to the service in accordance with- (i) The Indian Police Service (Appointment by Promotion) Regulations, 1955 2[* *] [(ii) * * *]: Provided that in the case of any person recruited to the Service in accordance with the Indian Police Service (Appointment by Promotion) Regulations, 1955, any period for which he has been appointed to @2 [a cadre post] may, having regard to his performance in such post, be counted towards the period of probation: Provided further that the Central Government may in exceptional circumstances of any case, after consulting the Commission reduce the period of probation. [(3) The Central Government may, if it so thinks fit, in any case extend the period of probation for a period of one year. (3A) Notwithstanding anything contained in sub-rule (3), if during the period of probation a probationer is placed under suspension pending investigation, inquiry or trial relating to a criminal charge against him or pending disciplinary proceedings which are contemplated or started against him, the period of his probation may be extended for such period as the Central Government may think fit in the circumstances of the case.] (4) In this rule, 'Cadre post' has the same meaning as in clause (b) of Rule 2 of the Indian Police Service (Cadre) Rules, 1954.] GOVERNMENT OF INDIAN'S DECISION : Under the first proviso to sub-rule (2), only the officiating service in a cadre post after the inclusion of officer's name in an approved Select List is to be taken into account for the purpose of computing the period of probation. G.I., M.H.A. letter No. 2/1/60-AIS (I), dated 11th September, 1961 read with MHA Notn. No. 16/28/65-AIS (III)-A, dated 17th January, 1967. GOVERNMENT OF INDIA'S INSTRUCTION : 31 . The State Government are aware that State Police Service Officers appointed to the Indian Police Service in accordance with the Indian Police Service (Appointment by Promotion) Regulation, 1955 are placed on probation for a period of one year. The State Governments are required to forward the assessment reports in respect of such officers as soon as the period of probation is over and in any case not later than six weeks after the last date of the probationary period. With their recommendations for confirming the officer or otherwise vide Government of Indian Decisions No. 3.2 under Rule 3 of the Indian Police Service (Probation) Rules, 1954. Inspite of these clear instructions proposals for the confirmation of State Police Service Officers appointed on probation to the IPS against the promotion quota are not being received within the stipulated period after the expiry of the probation period of one year. The delay in the receipt of the recommendations from the State Government leads to delay in confirming the officers or for extending their period of probation. This is not conducive to proper cadre management and leads to various complications. The State Governments are therefore requested to follow the above referred instructions strictly and ensure that the proposals for confirmation/extension of probation of State Police Service Officers appointed on probation are forwarded to this Ministry complete in all respects within six weeks of the expiry of the period of probation. All cases of officers who have already completed the period of probation may also be reviewed immediately and proposals for their confirmation sent to this Ministry early for further consideration. 4 3. I am also to draw the attention of the State Governments to the first proviso to rule 3 (2) of the Indian Police Service (Probation) Rules, 1954 which envisages that in the case of a Select List officer appointed on probation to I.P.S. "any period for which he has been appointed too a cadre post may, having regard to his performance in such post be counted towards the period of probation." In view of this, if a State Police Service Officer had officiated in an I.P.S. cadre post prior to his appointment to the service and the officiation had been duly approved by the Central Government under Rule 9 of the I.P.S. (Cadre) Rules, 1954, the State Government concerned can make suitable recommendations for taking into account the approved cadre officiation of the officer towards the period of one year probation having due regard to his performance in the cadre posts. It is, therefore, suggested for the consideration of the State Governments that they may resort to the provisions of the first proviso to Rule 3(2) of the Indian Police Services (Probation) in all deserving cases on an uniform basis with a view to accelerate the process of confirmation of promoted officers. 1. Subs. by DP Notification No. 13/4/71-AIS (I), dated 11th January, 1972. 2. The word "or" omitted by G.S.R. 279, dated 31st March, 1987. 3. G.O. letter No. 18012/3-77 IPS dated 5th August, 1977. 4. G.I. letter No. 18012/3/77-IPS, dated 22 September, 1978. 3A. Confirmation :- Where a probationer has completed his period of probation to the satisfaction of the Central Government, he shall, subject to the other provisions of these rules, be confirmed in the Service at the end of his period of probation.] GOVERNMENT OF INDIA'S DECISIONS: 11 . As the confirmation of a probationer after completion of 2 years training is based on the general assessment of the entire record of the probationer during the period of training and not merely on success or failure at the departmental examination, failure to pass the departmental examination should not operate automatically as a bar against such confirmation. 22. It has been decided that reports on the work of probationers should be made in the form of assessment report appended to these Rules, as distinct from the usual confidential report. (See Appendix). 3(d) The practice followed in the case of confidential reports may be followed in the case of assessment reports also. (e) The first report is not likely to cover the full period of twelve months. Therefore, in addition to the first report, five more reports in respect of completed years of service should be prepared.44 . Confirmation of a probationer after completion of the period of probation is not automatic but is to be followed by formal orders.5 1. G.I. M.H.A. Letter No. 11/2/57-AIS (II), dated 20th September, 1957. 2. G.I. M.H.A. Letter No. 2/3/59-AIS (1), dated 14th February, 1962 3. M.H.A. F. No. 1-14011/29/78-IPS. 4. G.O.I. Cabinet Sectt. letter No. 16/3/69-AIS (III), dated 15th September, 1971. 5. G.I., M.H.A. letter No. 16/3/65-AIS(I), dated 14th July, 1965. 4. Execution of Agreements :- A probationer shall on appointment to the Service execute an agreement in the form specified in the Schedule binding himself and one surety, jointly and severally, in the event of his failing to comply with any of the provisions of these rules to the satisfaction of the Central Government to refund any moneys paid to him consequent on his appointment as a probationer: 1 [Provided that the provisions of this rule shall not apply t o probationers appointed to the service in accordance with the Indian Police Service (Appointment by Promotion) Regulations, 1955.] 1. Subs. by G.S.R. 279, dated 31st March, 1987. 5. Training :- (1) A probationer referred to in sub-rule (1) of Rule 3 shall on appointment to the Service attend the 1[Lal Bahadur Shastri National Academy of Administration] and undergo such training therein and for such period as the Central Government may direct. (2) On completion of the training at the 1[Lal Bahadur Shastri National Academy of Administration] a probationer shall undergo such further training at the 3[Sardar Vallabhbhai Patel National Police Academy] and for such period as the Central Government may direct. (3) On completion of the Training at the 2 [Sardar Vallabhbhai Patel National Police Academy,] a probationer shall undergo such further training in the State to which he is posted and for such period as the Central Government may in consultation with the State Government concerned, direct. (4) A probationer referred to in sub-rule (2) of Rule 3, who has not attained the age of 52 years on appointment to the service; and who has not already undergone the training prescribed under sub-regulation (5) of regulation 7 of the Indian Police Service (Appointment by Promotion) Regulations, 1955, before such appointment; shall undergo such training in the Sardar Vallabhbhai 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.] 1. Subs. by DP and AR Notification No. 9/3/73-AIS(III)-B, dated 2nd May, 1974. 3. Subs: by M.H.A. Notification No. 11037/12-75-AIS(III) B, 30th June 1976 (w.e.f. 29th March, 1976.) 6. Attendance at Lectures etc :- (1) A probationer referred to in sub-rule (1) of Rule 3 shall attend such lectures and undergo such tests and exercise as may be prescribed from time to time]. 1(2) 2 (a)The Director, Lal Bahadur Shastri National Academy of Administration, Mussoorie, the Director, Sardar Vallabhbhai Palel National Police Academy, Hyderabad, Director-General, National Academy of Direct Taxes, Nagpur and Principal, Railway Staff College, Vadodara shall award to each probationer such marks out of a maximum of 50 marks as they may deem fit on the results of the examination held at the end of the Foundational Course in their respective institutions." 3 (b) At the end of the period of training at Sardar Vallabhbhai Patel National Police Academy, Hyderabad, the Director of that Academy shall assess the record in the Academy and in the State, of each probationer and award him maria out of a maximum o f 400 marl's in accordance with such instructions as may be issued by the Central Government in this behalf." (3) At the end of the period of training in the State, the State Government concerned shall assess the record of the probationer during the period of training undergone in the State and forward it to the Central Government.] 1. Subs. by M.H.A. Notification No. 11-2-60-AIS-I, dated 12th January, 1962 2. substituted vide Indian Police Service (Probation) Rules, 1954 dt.29th January, 1994 G.S.R. 54, dated 12th January, 1994. Published In the Gazette of India, Pt. II, Sec. 3 (i), No. 5, dated 29th January, 1994. 3. substituted vide Indian Police Service (Probation) Rules, 1954 dt.8th November, 1993 G.S.R. ....... dated 8th November, 1993. Vide Notificatlon No. 11058/1/91-AIS (III), dated 8th November, 1993 of Government of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training). 7. Final Examination :- Every probationer shall during the course of training appear at a final examination to be conducted by the Director Sardar Vallabhbhai Patel National Police Academy in accordance with such regulations as the Central Government may in consultation with State Government and the Commission from the to time, make.] 8. Failure to appear at the Final Examination in Certain circumstances :- Where a probationer is prevented, either through sickness or other cause over which he has no control from appearing at the final examination, the Central Government may allow him to appear at a special examination which the Director may hold for the purpose, normally within a period of three months from the last date of the final examination in which the probationer did not appear.] 9. Failure to pass the final examination :- Where a probationer fails to obtain the minimum number of marks prescribed for any subject, group of subjects or part of the final examination under the regulations framed in Rule 7, the Central Government may permit him to sit for re-examination in the subject or subjects in which he failed: Provided that the marks awarded to a probationer in such re-examination shall not be taken into account in determining the seniority: Provided further that the rule shall also apply to a probationer who was permitted to take a special examination in the circumstances mentioned in Rule 8.] 10. Seniority of Probationer :- (1) The Central Government shall prepare a list in two parts of all probationers who are appointed to the Service on the results of the same competitive examination. The first part shall consist of the probationers other than the exempted probationers and the second part shall consist of the exempted probationers who were selected at the same Competitive examination. The probationers included in the first part shall be placed em- bloc above the exempted probationers included in the second part. The list shall be arranged in the order of merit which shall be determined in accordance with the aggregate of marks obtained by each probationer or exempted probationer, as the case may be- (a) at the Competitive examination; (b) in respect of his record in the Lal Bahadur Shastri National Academy of Administration and the Sardar Vallabhbhai Patel National Police Academy; and (c) at the final examination: Provided that if two or more probationers have secured equal number of marks in the aggregate, their order of merit shall be the order of their dates of birth.] (2) The seniority inter se of the probationers recruited on the basis of each competitive examination shall be determined in accordance with the list prepared under sub-role (1). 1[(3) the provisions of sub-rules (1) and (2) shall not apply to probationers appointed to the Service in accordance with Rule 7A of the Indian Police Service (Recruitment) Rules, 1954.] GOVERNMENT OF INDIA'S DECISIONS: (1) It has been decided that, where for reason beyond control and for no physical or intellectual default of his, a candidate has not been allowed to join the Academy in time and could not take the Probationer's Final Examination of his batch, his inter-se seniority should be decided in accordance with this rule.22. Government of India's Decision (1) above would apply also to cases where after joining the Academy, a probationer is prevented from taking the final examination of his batch, due to sickness or other reasons beyond his control.3 1. Added by M.H.A. Notification no. 22/1/69-AIS (IV)-B, dated 7th August, 1969. 2. G.I. M.H.A. letter No. 3/16/58-AIS-II, dated 19th February 1958. 3. G.I. M.H.A. F.No. 18/18/65-AIS (I). 11. Discipline and conduct :- (1) While at the Academy a probationer shall be under the disciplinary control of the Director Lal Bahadur Shastri National Academy of Administration or of the Director, Sardar Vallabhbhai Patel National Police Academy, as the case may be and shall obey any general and special orders as may be given by him from time to time. (2) The All India Services (Conduct) Rules, 1968 and the All India Services (Discipline and Appeal) Rules, 1969 shall, so far as may be, apply to a probationer.] 12. Discharge of a probationer :- Probationer shall be liable to be discharged from service or, as the case may be, reverted to the permanent post on which he holds a lien or would hold a lien had it not been suspended under the rules applicable to him prior to his appointment to the Service, if:- (a) he fails to pass the re-examination under Rule 9, or (b) if the Central Government is satisfied that the probationer was ineligible for recruitment to the Service or is unsuitable for being a member of the Service, or (c) in the opinion of the Central Government he has wilfully neglected his probationary studies or duties; or (d) he is found lacking in qualities of mind and character needed for the Service; or (e) he fails to comply with any of the provisions of these rules : 13. Salary during the period of probation :- (1) 1[A person recruited to the Service]- (i) in accordance with the Indian Police Service (Appointment by Competitive Examination) Regulations, 1955, referred to in sub-rule (1) of Rule 3, shall receive salary in the lowest stage of the junior time scale applicable to the Service during the first year and at the second stage of that scale during the remaining period of probation; and (ii) in accordance with the Indian Police Service (Emergency Commissioned and Short Service Commissioned Officers) (Appointment by Competitive Examination) Regulations, 1966, referred to in sub-rule (1) of Rule 3 shall receive salary in the stage, fixed for him of the junior time scale during the first year and at the next higher stage of that scale during the remaining period of probation : 2 [Provided that, if the pay of the permanent post, on which a person, referred to in clause (i) holds a lien or would hold a lien had it not been suspended under the rules applicable to him prior to his appointment to the Service is at any time, more than the minimum of the junior time scale he shall draw the pay of the permanent post.] (2) A person referred to in clause (ii) of sub-rule (2) of Rule 3 shall receive salary in the stage fixed for him of the junior or senior scale as the case may be and also draw increments which may be due to him. (3) A person referred to in clause (i) of sub-rule (2) of Rule 3 shall receive salary in the stage fixed for him in the senior scale in accordance with Rule 4 of the Indian Police Service (Pay) Rules, 1954, and also draw increments which may be due to him: Provided that a State Government shall sanction the grant of advance increments in the junior time-scale of the Service in accordance with the provisions of Rule 7 of the Indian Police Service (Pay) Rules, 1954, to a person referred to in sub-rule (1) of Rule 3, if after joining duty in a State on completion of training at the Training College, and during the probationary period, he qualifies at such departmental examination with such standard of proficiency as may from time to time be specified by the State Government.] 1. Subs by D.P. and A.R. Notification No. 22/1/68-A.I.S. (III)-B, dated 24th July, 1968. 2. Subs by D.P. Notification No. 9/9/72- A.I.S. (III)-B, dated 22nd September, 1972. 14. Travelling allowance :- (1) A probationer shall be entitled:- (a) for the journey from the Lal Bahadur Shastri National Academy of Administration to the 1[Sardar Vallabhbhai Patel National Police Academy,] to travelling allowance as may be admissible to a member of the Service on tour. (b) for the journey from the 1[Sardar Vallabhbhai Patel National Police Academy] to the State, to travelling allowance as may be admissible to a (2) A probationer shall not be entitled to any daily allowance during his halt at the Lal Bahadur Shastri National Academy of Administration or the 3[Sardar Vallabhbhai Patel, National Police Academy,] or at various places to which he may be posted in the course of his practical training in the State. (3) A probationer shall be entitled to travelling allowance for the journeys which he may undertake:- (a) While undergoing training at the Lal Bahadur Shastri National Academy of Administration/ 2[Sadar Vallabhbhai Patel National Police Academy]; and (b) While undergoing training in the State on the same scale as may be admissible to a member of the Service 2 [on tour under the All India Services (Travelling Allowance) Rules, 1954.] 1. Subs. by Notification No. 11037/12/75-AIS-III, dated 30th June, 1976 (w.e.f. 26th March, 1976). 3. Subs. by M.H.A. Notification No. 11037/12/75-AIS(III), dated 30th June, 1976, (w.e.f. 29th March, 1976). 15. Inherent Powers :- Nothing in these rules shall be construed as limiting the power of the Central Government, for good and sufficient reasons, to dismiss or remove a probationer from the Service at any time. 16. Interpretation :- If any question arises as the interpretation of these rules, the Central Government shall decide the same.] 17. Repeal and saving :- All rules corresponding to these rules in force immediately before the commencement of these rules are hereby repealed: Provided that any order made or action taken under the rules so repeated shall be deemed to have been made or taken under the corresponding provisions of these rules: Provided further that nothing in these rules shall apply to the probationers appointed before the commencement of these rules and they shall continue to be governed by the orders and instructions relating to probationers in force immediately before the commencement of these rules. SCHEDULE 1 SCHEDULE To, The President of India, Whereas I,3 ..................a probationer in the Indian police Service (hereinafter referred to as "the probationer") being entitled [Subject to compliance with the Indian 14 Police Service (Probation) Rules. 1954] to receive from the President (hereinafter referred to as the Central Government) or from the Government of the State to which I may be posted pay and allowances during the period in which I am under training: \Now we, the probationer, and @1 ................ (thereinafter referred to as "the surety") jointly and serverally, do hereby in pursuance of the said rules, promise and agree in the event of the failure of the probationer to complete probation to the satisfaction of the Central Government to refund to the Central Government on demand any moneys paid to him, including the pay and travelling expenses to join appointment. \The surety hereby agrees that his liability hereunder shall not be affected by the Central Government extending the period of probation or giving the probationer an extension of time for payment of or compounding the amount payable hereunder. 2 [Stamp duty payable on this bond shall be borne and paid by the Government. dated this ......day of ......19. Signature of probationer Signed by the probationer in the presence of: Name of witness Address....................................................................................................................................... Occupation................................................................................................................................ Signature of the Surety ............................................................................................................ Signed by the surety in the presence of ................................................................................. Name of witness........................................................................................................................ Address...................................................................................................................................... Occupation................................................................................................................................ I 3................................................................................................................................................. whose signature is appended to the above agreement as surety, do hereby declare that I am \4 (a) in the permanent service of the Government of \ \ \ \ \ \or \4 (b) ordinarily resident in India and that I possess means which will enable me to repay to the Central Government the sums of money referred to, in event of my being called upon to do so in accordance with the terms of the agreement. Signature of the surety.............................................................................................................. Signed by the surety in the presence of.................................................................................. Name of witness......................................................................................................................... 15 Address....................................................................................................................................... Occupation................................................................................................................................. [No 4/2/54-AIS(II), dated 8-9-1954]. GOVERNMENT OF INDIA'S INSTRUCTIONS : \The Central Government have issued the following instructions covering the various aspects relating to the probation and training of probationers for the guidance of the State Governments:- \(i) A person is appointed on probation in order to assess his suitability for absorption in the Service to which he has been appointed. Probation should not, therefore, be treated as a mere formality. The powers under Rule 12 of the Indian Police Service (Probation) Rules, 1954, to discharge probationers should be used systematically and vigorously so that necessity of dispensing with the services of the members of the Service at later stages may arise only rarely. A probationer who is found not to possess the basic qualities of character and ability essential in a member of the Indian Police Service should be discharged early from the service. There is little to be gained by continuing such a probationer in service for long. It would also not be fair to the probationer himself. \(ii) It is not desirable that a member of the Service should be kept on probation four years as happens occasionally at present. Save for exceptional reasons, the period of probation should not, therefore, be extended by more than one year and no member of the Service should, by convention, be kept on probation for more than double the normal period, that is. four years. Accordingly, a probationer, who does not complete the probationers' final examination within a period of four years, should ordinarily be discharged from the service. \(iii) The decision whether a member of Service should be confirmed or the period of his probation should be extended should be taken soon after the expiry of the initial probationary period, that is, ordinarily within six to eight weeks' thereof, and communicated to him together with the reasons in case of extension. With a view to enabling the Central Government to take a prompt decision in each case, the assessment report in the form prescribed in letter No. 16/3/69-AIS-III, dated the 24th June, 1970, of the Ministry of Home Affairs, covering the period of practical training in the States, should be sent this Department immediately after the training is over as envisaged in this Department's letter No. 23/2/71-AIS(III), dated the 19th January, 1972. \(iv) A probationer, who is not making satisfactory progress or who shows himself to be inadequate for the Service in any way, should be informed of his shortcomings well before the expiry of original probationary period so that he can make special efforts at self- improvement. This can be done by giving him a written warning to the effect that his general performance has not been such as to justify his confirmation in the Service and that, unless he showed substantial improvement within a specified period, the question of discharging him from the Service would have to be considered. Even though this is not required by the rules, discharge from the Service being a severe, final and irrevocable step, the probationer should be given such an opportunity before taking the drastic step of discharge. \(v) In order to make the practical training of the probationers really purposeful, it is essential that the probationers are posted as far as possible both to rural and urban districts so that they give a variety of experience on land tenures, agricultural practices, departmental programmes as well as problems relating to law and order, industrial unrest and welfare. \(vi) The utility of the practical training will, to a great extent, depend on the choice of the Superintendent of Police to whom the probationers are attached. Unless the Superintendents of Police give a proper guidance to the probationers, the probationers will not benefit from the training. Great care should, therefore, be exercised in selecting the Superintendents of Police to whom the probationers are attached. The Superintendents of Police should be instructed to take personal interest in the training of the probationers and to inculcate in them a positive attitude towards the various problems facing the Administration. During the practical training all relevant acts, laws, codes and Five Year Plan documents with particular reference to the district should be studied by the probationers. Reasonable facilities for accommodation etc. may be provided to the probationers. \(vii) It should be ensured that the probationers take the training seriously. They should be discouraged from taking long spells of leave, except for unavoidable reasons, as this would affect their training.1