Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com INDIAN POLICE SERVICE (RECRUITMENT) RULES, 1954 CONTENTS 1. Short title 2. Definitions 3. Constitution of the Service 4. Method of recruitment to the Service 5. Disqualifications for appointment 6. Appointment to the Service 6 A . Appointment of direct recruits and officers recruited by selection from among released emergency Commissioned Officers and Short Service Commissioned Officers to posts in the senior time-scale of pay 7. Recruitment by competitive examination 7 A . Recruitment by selection of persons from among released Emergency Commissioned Officers and Short Service Commissioned Officers Commissioned in the Armed Forces of the Union after the first November, 1962 8. 8 9. Recruitment by promotion 10. Interpretation 11. Repeal and saving INDIAN POLICE SERVICE (RECRUITMENT) RULES, 1954 In exercise of the powers conferred by sub-section (4) 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 (Recruitment) Rules, 1954. 2. Definitions :- In these rules, unless the context otherwise requires,- (a) 'Commission' means the Union Public Service Commission; 1(aa) 'direct recruit' means a person appointed to the Service after recruitment under clause (a) of sub-rule (1) of rule 4;] (b) 'Joint Cadre' and 'State Cadre' have the meanings respectively assigned to them in the Indian Police Service (Cadre) Rules, 1954; (c) 'member of the Indian Police' means a person who, having been appointed to the police service under the Crown in India, known as the Indian Police, continues on and after the commencement of these rules, to serve under the Government of India, or a State; (d) 'Service' means the Indian Police Service; (e) 'State' means 2[a state specified in the First Schedule to the Constitution and includes a Union Territory] 3; [x x x]] 4[(f) 'State Government concerned', in relation to a joint Cadre, means the Joint Cadre Authority.] 5[(g) 'State Police Service' means,- (i) for the purpose of filing vacancies in the Indian Police Service Cadre for the Arunachal Pradesh, Goa, Mizoram-Union Territories under rule 9, any of the following service, namely:- (a) the Delhi and Andaman and 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; 5 [(ii) in all other cases, the principal police service of the 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 thereto;] 1. Introduced w.e.f. 24th September, 1966, vide MHA Notification No. 23-46-63-AIS(III)-B, dated 13th September. 1966. 2. Subs. with effect from 1st January, 1956 vide MHA Notification no. 13/21/56-AIS(III). dated 28th February, 1958 and further amended with effect from 4th September, 1958 vide MHA Notification No. 5/2/5and-AIS(III) dated 8th July, 1959. 3. Omitted vide DP and AR Notification No. 11-1-72-AIS(I)-B, dated 16th March, 1973. 4. Subs. vide Notification No. 13/4/71 MAIS(I), dated 11th January, 1973. 5. Subs. vide MHA Notification No. 13/4/67-AIS(I)-1, dated 30th June, 1970. 3. Constitution of the Service :- (1) The Service shall consist of the persons recruited to the service in accordance with the provisions of these rules."] (a) members of the Indian Police; (b) members recruited to the Service before the commencement of these rules; and (c) persons recruited to the Service in accordance with the provisions of these rules. 1 [Deleted] 1. Introduced w.e.f. 24th September, 1966, vide MHA Notification No. 23-46-63-AIS(III)-B, dated 13th September. 1966. 4. Method of recruitment to the Service :- (1) Recruitment to the Service, after the commencement of these rules, shall be by the following methods, namely:- (a) by a competitive examination; 1[(aa)[***] (b) by promotion of 2[substantive members of a State Police Service.] (2) Subject to the provisions of these rules,- (a) the method or methods of recruitment to be adopted for the purpose of filling up any particular vacancy or vacancies as may be required to be filled during any particular period of recruitment, shall be determined by the Central Government in consultation with the Commission and the State Government concerned; (b) the number of persons to be recruited by each method shall be determined on each occasion by the Central Government in consultation with the State Government concerned. 3[(3) Notwithstanding anything hereafter contained in this rule, in relation to the 4(4) Notwithstanding anything hereinafter contained in this rule, in relation to the [Union Territories and the North East Frontier Agency] recruitment to the Joint Cadre on its initial constitution shall be made by such method, as the Central Government may, after consultation with the Commission, prescribe. 5[(5) [***] 6[(6)[***] GOVERNMENT OF INDIA'S DECISIONS 1.1 Under sub-rule (4),the Government of India have decided that appintment to the joint I.P.S. cadre for the Union Territories of Delhi and Himachal Pradesh on its initial consutution shall be by one or more of the following methods:-- (1) by transfer of I.P.S. officers from the cadres of other States Such transfers will. however. take place only with the consent of the State Governments and the individual officers. concerned, (2) by selection of officers belonging to the Police Service of Himachal Pradesh, who arc at present holding the posts of Superintendents of Police and above: only officers holding substantive appointment with eight years' seniority in the Slate or equivalent cadre will he eligible for consideration. Selections will be made in consultation with the Union Public Service Commission: and (3) by direct recruitment from amongst the candidates declared successful as a result of the latest I.P.S. Competitive Examination conducted by the Union Public Service Commission. Recruitment to the Service after the initial constitution of the Service shall be in accordance with the Recruitment Rules. 1.2. Till such time as the joint cadre is fully constituted and is able to provide suitable officers for all the posts included in the cadre, existing arrangements in regard to the staffing of various posts including deputation of officers from other States will continue.7 1. Subs. w.e.f. 29-1-1966 vide MHA Notification no. 1/2/67-AIS(I)- B, dated 11th March, 1968. 2. Added vide MHA Notification No. 13/10/57-AIS(III)-B, dated 29th July, 1973. 3. Introduced with effect from 4th September 1958 vide MHA Notification no. 5/25/58-AIS(III)-2, dated 8th July, 1959. 4. Introduced vide MHA Notification No.3/595-AIS(II) dated 25th July 1960.. 5. Ins. vide UP and AR Notification no 10027/1/79-AIS (I). dated 13th September, 1979. 6. Ins. by G.S.R. 365(E), dated 22nd March, 1988. 7. G.I., M.H.A. file No. 3/59/59-AIS(II). 5. Disqualifications for appointment :- (1) No person shall be qualified for appointment to the Service unless he is a citizen of India or belong to such categories of persons as may, from time to time, be notified in this behalf by the Central Government: *] 1(2) No person- (a) who has entered into or contracted a marriage with a person having a spouse living, or (b) who having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to the Service: Provided that the Central Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and there are other grounds for so doing, exempt any person from the operation of this sub-rule.]; 2[* * *] GOVERNMENT OF INDIA'S DECISIONS: Under this rule, it is not necessaiy for a female officer to obtain the formal permission of the Government before marriage.3 1. Subs./Omitted vide DP Notification 1/1/71-AIS(I)-B, dated 6th March, 1971. 2. Omitted vide DP Notification No. 1/5/72-AIS(I)-B, 11th October, 1972. 3. G.I., M.H.A. letter No. 1/1/57-AIS(I), dated 6th February, 1957. 6. Appointment to the Service :- (1) All appointments to the Service after the commencement of these rules shall be made by the Central Government and no such appointment shall be made except after recruitment by one of the methods specified in Rule 4. (2) The initial appointments of persons recruited to the Service under clauses (a) [***]of sub-rule (1) of Rule 4 shall be in the junior time-scale of pay. (3) The initial appointment of persons recruited to the service under clauses (b) and (c) of sub-rule (1) of Rule 4 shall be in the senior scale of pay. 6A. Appointment of direct recruits and officers recruited by selection from among released emergency Commissioned Officers and Short Service Commissioned Officers to posts in the senior time-scale of pay :- (1) Appointments of officers recruited to the Service under Clause (a) or Clause (aa) of sub-rule (1) of Rule 4 to posts in the senior time-scale of pay shall be made by the State Government concerned. (2) An officer referred to in sub-rule (1), shall be appointed to a post in the Senior time-scale of pay if, having regard to his length of service and experience, the State Government is satisfied that he is suitable for appointment to a post in the senior time-scale of pay: 1[Provided that, if he is under suspension or disciplinary proceedings are instituted against him, he shall not be appointed to a post in the senior time-scale of pay, until he is reinstated in the Service, or the disciplinary proceedings are concluded and final orders are passed thereon, as the case may be : Provided further that on the conclusions of the disciplinary proceedings, (a) if be is exonerated fully and the period of suspension, if any, is treated as duty far all purposes, be shall be appointed to the senior time-scale of pay from the die on which he would have been so appointed, had the disciplinary proceedings not been instituted against him, and paid accordingly; and (b) if he is not exonerated fully, and if the State Government, after considering his case on merits, proposes not to appoint him to the senior time-scale of pay from the date on which he would have been so appointed had the disciplinary proceedings not been instituted against him, he shall be given an opportunity to show cause against such action.] (3) Notwithstanding anything contained in sub-rule (2), the State Government may- (a) withhold the appointment of an officer, referred to in sub-rule (1), to a post in the senior time-scale of pay,- (i) till he is confirmed in the Service ; or (ii) till he passes the prescribed departmental examination or examinations, and appoint, to such a post an officer junior to him; (b) appoint an officer, referred to in sub-rule (1), at any time to a post in the senior time scale of pay as a purely temporary or local arrangement. GOVERNMENT OF INDIA'S DECISIONS: The Government of India have held that Rule 6A will apply to vacancies arising in senior posts in the direct recruitment quota after the date of introduction of the said rule viz., 24-9-1966. The direct recruits who became eligible for appointment to senior post against the vacancies in the direct recruitment quota according to their seniority, prior to 24-9- 1966. (The date of introduction of rule 6A) would be deemed to have been appointed to senior posts in accordance with para 4 of Ministry of Home Affairs' letter No. 23/46/61-AIS(III)-Vol. II, dated the 29 March, 1966, and as such they will continue to be paid their pay in the senior lime-scale of pay even under the introduction of rule 6A till they are actually appointed to senior pasts or the vacancies disappear, as the case may be. 2 1. Ins. vide DP and AR Notification No. 11027/1/75-AIS(I), dated 29th June, 1976. 2. G.I., M.H.A. letter No. 23/46/63-AIS(III), dated 26th October, 1966. 7. Recruitment by competitive examination :- (1) A competitive examination for recruitment to the Service shall be held at such intervals as the Central Government may in consultation with the Commission, from time to time determine. (2) The examination shall be conducted by the Commission in accordance with such regulations as the Central Government may from time to time make in consultation with the Commission and the State Governments. 1[(3) Appointments to the Service shall be subject to order regarding special representation in the Service for["the Scheduled Castes, the Scheduled Tribes and Other Backward Classes"]issued by the Central Government from time to time in consultation with the State Governments]. (4) [***] (5) Candidates belonging to the Scheduled Castes and the Scheduled Tribes declared by the Commission to the suitable for appointment to the Service with due regard to the maintenance of efficiency of administration may be appointed to the vacancies reserved from the candidates of ["the Scheduled Castes, or the Scheduled Tribes or Other Backward Classes"], as the case may be, under sub-rule (4). ["Provided that candidates belonging to the Scheduled Castes or the Scheduled Tribes or Other Backward Classes and declared by the Commission to be suitable for appointment to the Service shall be appointed against unreserved vacancies, in case they qualify for appointment to the Service based on their merit without recourse to the benefit of reservation."] GOVERNMENT OF INDIA'S DECISIONS : The rate of annual recruitment for each State should be worked out, after taking into account not only the maintenance element for meeting deaths, retirements and other casualties in the direct recruitmet quota but also the growth element to meet the anticipated expansion of this quota. 2 1. Subs. vide DP Notification No. 1/171-AIS(I)-B, dated 6th March, 1971. 2. G.I., M.H.A. letter No 6/21/64-AIS(I), dated 7th September 1964. 7A. Recruitment by selection of persons from among released Emergency Commissioned Officers and Short Service Commissioned Officers Commissioned in the Armed Forces of the Union after the first November, 1962 :- ***] 8. 8 :- Deleted ] 9. Recruitment by promotion :- (1) The Central Government may, on the recommendation of the State Government concerned and in consultation with the Commission, recruit to the Service persons by promotion from amongst the 1[substantive] members of a State Police Service in accordance with such regulations as the Central Government may, after consultation with the State Governments and the Commission, from time to time, make. (2) The number of personsrecruited under Rule 8 in any state or group of states shall not, at any time, exceed 33 1/3 per cent of the number of senior posts under the State Government, Central deputation reserve, State deputation reserve and the training reserve in relation to that State or to the group of States, in the Schedule to the Indian Police Service (Fixation of Cadre Strength) Regulations, 1955: Explanation.-For the purpose of calculation of the posts under this sub- rule, fractions, if any, are to be ignored. (3) Notwithstanding anything contained in this rule, in relation to the State of Jammu and Kashmir, the number or persons recruited under sub-rule (1) shall not up to the 30th April, 2002 exceed at any time, fifty per cent of the number of senior posts under the State Government, Central deputation reserve. Stale deputation reserve and the training reserve in relation to that State in the Schedule to the Indian Police Service (Fixation of Cadre Strength) Regulations, 1955. 2[(3A) [**3*] (4) [***] NOTE.- "State Police Service" shall include Assistant Commissioners of the Calcutta police in the State of West Bengal 4[(5) [**5*] GOVERNMENT OF INDIA'S DECISIONS : The Government of India have held that rule 9(1) of the Indian Administrative Service (Recruitmentt) Rules, 1954 provides that the number of persons recruited under rule 8 (by promotion) shall not at any time exceed 25 per cent of the posts included in items 1 and 2 of the Cadre of the State. It is quite clear from this that there is no quota reserved for appointment by promotion to the IAS/IPS 6 1. Added vide MHA Notification No. 13/10/57-AIS(III), dated 29th July, 1958. 2. Ins. by G.S.R. 365, (E), dated 22nd March, 1988. 3. Omited for "Notwithstanding anything contained in this rule, in relation to the State of Nagaland, the number of persons recruited under sub-rule (1) shall not for a period of five years exceed at any time 50 per cent of the number of those posts as are shown against items 1 and 2 of the cadre in relation to that State in the Schedule to the Indian Police Service (Fixation of Cadre Strength) Regulations, 1955]. ", vide " INDIAN POLICE SERVICE (RECRUITMENT) RULES, 1954" Dt.December 31, 1997 Published in [85]Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel and Training), Noti. No. G.S.R. 730(E), dated December 31, 1997, published in the Gazette of India, Extra., Part II, Section 3(i), dated 31st December, 1997, pp. 6-7, No. 511 [File No. 14015/51/96- AIS(1)-B] [L] 4. Introduced w.e.f. 14th May, 1956 by MHA notification No. 13/15/56-AIS(III), dated the 9th May, 1957. 5. Omited for "Notwithstanding anything contained in sub-rule (2), the Central Government may promote 7 [substantive members of a State Police Service in excess of the normal promotion quota in accordance with such regulations as the Central Government may, after consultation with the State Government and the Commission, from time to time; make.] ", vide " INDIAN POLICE SERVICE (RECRUITMENT) RULES, 1954" Dt.December 31, 1997 Published in [85]Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel and Training), Noti. No. G.S.R. 730(E), dated December 31, 1997, published in the Gazette of India, Extra., Part II, Section 3(i), dated 31st December, 1997, pp. 6-7, No. 511 [File No. 14015/51/96- AIS(1)-B] [L] 6. G.I., M.H.A. letter No. 16/2/66-AIS(III), dated 14th February. 1966. 10. Interpretation :- If any question arises as to the interpretation of these rules the Central Government shall decide the same.] 11. Repeal and saving :- All rules corresponding of these rules and in force immediately before the commencement of these rules are hereby repealed : Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules: Provided further that recruitment to the Service made on the results of the competitive examination to be held in 1954 shall be made in accordance with t h e orders and instructions in force in that behalf immediately before the commencement of these rules.