Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com INDIAN POLICE SERVICE (REGULATION OF SENIORITY) RULES, 1988 CONTENTS 1. Short title and commencement 2. Definitions 3. Assignment of year of allotment 4. Inter-se seniority of the officers 4 A . Seniority of officers appointed to the service at the initial constitution of the cadre of Nagaland 5. Gradation List 6. Fixation of the seniority of officers transferred to another Cadre 7. Interpretation 8. Repeal and Saving INDIAN POLICE SERVICE (REGULATION OF SENIORITY) RULES, 1988 11. Published in the Gazette of India Extraordinary, Pt. II, Sec 3 (i), dated 27th July. 1988. GSR No. 815 (E).- In exercise of the powers conferred by sub-section (1) of section 3 of the All India Services Act, 1951 (61 of 1951), the Central Government, after consultation with the Governments of States concerned, hereby makes the following rules, namely.- 1. Short title and commencement :- (1) These rules may be called the Indian Police Service (Regulation of seniority) Rules, 1988. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions :- In these rules, unless the context otherwise requires; (a) 'Cadre' means the Indian Police service Cadre constituted in accordance with rule 3 of the Cadre Rules; (b) 'Cadre Rules' means the Indian Police Service (Cadre) Rules, 1954; (c) 'Cadre Schedule' means the Schedule to the Indian Police Service (Fixation of Cadre Strength) Regulations, 1955; (d) 'Commission' means the Union Public Service Commission; (e) 'Competitive examination' means the examination referred to in rule 1 of the Recruitment Rules; (f) 'Direct recruit officer' means an officer appointed to the service through a competitive examination in accordance with rule 7 of the Recruitment Rules; (g) 'gradation list' means the gradation list prepared under rule 5 of these rules; (h) 'officer' means a member of the Service; (i) 'Promotee officer' means an officer appointed to the service in accordance with the provisions of the Indian Police Service (Appointment by Promotion) Regulations, 1955 ; (j) 'Recruitment Rules' means the Indian Police Service (Recruitment) Rules, 1954; (k) 'Select List' means the Select List prepared in accordance with the Indian Police Service (Appointment by Promotion) Regulations, 1955 : (l) 'Service' means the Indian Police Service ; (m) 'State Cadre' and 'Joint Cadre' have the meanings respectively assigned to them in the Cadre Rules; (n) 'State Government concerned', in relation to the Joint Cadre, means the Joint Cadre Authority. 3. Assignment of year of allotment :- (1) Every officer shall be assigned a year of allotment in accordance with the provisions hereinafter contained in these rules. (2) The year of allotment of an officer in service at the commencement of these rules shall be the same as has been assigned to him or may be assigned to him by the Central Government in accordance with the rules, orders and instructions in force immediately before the commencement of these rules. (3) The year of allotment of an officer appointed to the service after the commencement of these rules shall be as follows:- (i) the year of allotment of a direct recruit officer shall be the year following the year in which the competitive examination was held: Provided that, in the case of exempted probationers, as defined in Cl. (ee) of Rule 2 of the I.P.S. (Probation) Rules, 1954 and direct recruit officer, who are permitted to join probationary training under sub-rule (1) of Rule 5 of the IPS (Probation) Rules, 1954, with the direct recruit officers of a subsequent year of allotment, they shall be assigned that subsequent year as the year of allotment. 1 (ii) The year of allotment of a promotee officer shall be determined with reference to the year in which the meeting of the Committee to make selection, to prepare the select list on the basis of which he was appointed to the Service, was held and with regard to the continuous service rendered by him in the State Police Service not below the rank of a Deputy Superintendent of Police or equivalent, up to the 31st day of December of the year immediately before the year in which the meeting of the Committee to make selection was held to prepare the select list on the basis of which he was appointed to the Service, in the following manner :- (a) for the service rendered by him up to twenty one years, he shall be given a weightage of one year for every completed three years of service, subject to a minimum of four years; (b) he shall also given a weightage of one year for every completed two years of service beyond the period of twenty years, referred to in sub-clause (a), subject to a maximum of three years. Explanation.-For the purpose of calculation of weightage under this clause, actions, if any, are to be ignored." Provided that he shall not be assigned a year of allotment earlier than the year of allotment assigned to an officer senior to him in that select list or appointed to the service on the basis of an earlier select list. 1. Substituted for " (ii) The year of allotment of a promotee officer shall be determined in the following manner:- (a) For the service, rendered by him in the State Police Service upto twelve years, in the rank not below that of a Deputy Superintendent of Police or equivalent he shall be given a weightage of four years towards fixation of the year of allotment; (b) He shall also be given a weightage of one year for every completed three years of service beyond the period of twelve years, referred to in sub-clause (a), subject to a maximum weightage of five years. In this calculation, fractions are to be ignored; (c) The weightage mentioned in sub- clause (6), shall be calculated with effect from the year in which the officer is appointed to the service: Provided that he shall not be assigned a year of allotment earlier than the year of allotment assigned to an officer senior to him in that select list or appointed to the service on the basis of an earlier Select List. ", vide " INDIAN POLICE SERVICE (REGULATION OF SENIORITY) RULES, 1988" Dt.31st December, 1997 Published in Ministry of Personnel, P.G. and Pensions (Deptt. of Personnel and Training), Noti. No. G.S.R. 737(E), dated December 31, 1997, published In the Gazette of India, Extra., Part II, Section 3(1), dated 31st December, 1997, p. 30, No. 511 [No. 14015/54/96-AIS(I)-B] [L] 4. Inter-se seniority of the officers :- The inter-se seniority of the officers who are assigned the same year of allotment shall be in the following order and in each category the inter-se seniority shall be determined in the following manner:- (i) direct recruit officers shall be ranked inter se in the order of merit as determined in accordance with Rule 10 of the Indian Police Service (Probation) Rule, 1954; (ii) Promotee officers shall be ranked inter-se in the order of their dates of appointment to the service : Provided that if the dale of appointment of more than one officer is the same, their inter-se seniority shall be in the order in which their names are arranged in the Select List on the dates of appointments to the Service. 4A. Seniority of officers appointed to the service at the initial constitution of the cadre of Nagaland :- Notwithstanding anything contained in these rules in relation to the State of Nagaland the year of allotment and the seniority of officers appointed to the service at the time of the initial constitution of the State Cadre shall be determined by the Central Government in the following manner, namely:- The year of allotment and seniority shall be determined ad-hoc, in consultation with the Union Public Service Commission and the State Government, after taking into account the length of service and the responsibilities of posts held by the officer as reflected in pay or nature of duties, or in both: Provided that the year of allotment of an officer so arrived at shall be limited to the year to which his immediate senior in the Nagaland State Police Service, who is selected to the Indian Police Service Cadre of Nagaland, at its initial constitution has been allotted. 5. Gradation List :- There shall be prepared every year for each State Cadre and Joint Cadre a gradation list consisting of the names of all officers borne on that Cadre arranged in order of seniority. 6. Fixation of the seniority of officers transferred to another Cadre :- (1) If a direct recruit officer is transferred from one cadre to another in public interest his year of allotment shall remain unchanged and his inter-se position among the direct recruits having the same year of allotment in the cadre to which he is transferred shall remain the same as determined in accordance with Rule 10 of the Indian Police Service (Probation) Rules, 1954. (2) If a promotee officer is transferred from one cadre to another in public interest, his year of allotment shall remain unchanged and be shall be ranked inter-se with promotee officers having the same year of allotment in the cadre to which he is transferred with reference to the date on the basis of which he was assigned the year of allotment under these rules. (3) If an officer is transferred from one cadre to another at his request, he shall be assigned a position in the gradation list of the cadre to which he is transferred below all the officers of his category borne on that cadre who have the same year of allotment : Provided that in the case of a direct recruit officer transferred from one cadre to another at his request his seniority in the list prepared under Rule 10 of the Indian Police Service (Probation) Rules, 1954 shall remain unaffected for the purpose of the said list. 7. Interpretation :- If any question arises as to the interpretation of these rules, it shall be referred to the Central Government for decision. 8. Repeal and Saving :- (1) The Indian Police Service (Regulation of Seniority) Rules, 1954 and all other rules corresponding to the said rules in force immediately before the commencement of these rules are hereby repealed. (2) The seniority of the officers appointed to the service prior to the coming into force of these rules shall be determined in accordance with the Indian Police Service (Regulation of Seniority) Rules, 1954 in force on the date of their appointment to the Service: 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.