THE INDIAN ADMINISTRATIVE SERVICE (CADRE) 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 Administrative Service (Cadre) Rules, 1954.
2. Definitions:- In these rules, unless the context otherwise requires -
2(a) ‘Cadre officer’ means a member of the Indian Administrative Service;
2(b) ‘Cadre post’ means any of the post specified under item I of each cadre in schedule to the Indian Administrative Service (Fixation of Cadre Strength) Regulations, 1955.
2(c) ‘State’ means [a State specified in the First Schedule to the constitution and includes a Union Territory.]
2(d) ‘State Government concerned’, in relation to a Joint cadre, means the Joint Cadre Authority.
Government of India's Decisions under Rule 2:
The Government of India have held that a cadre post as defined in the Rules means only the post specified under item 1 of the cadre strength of each State. A non-cadre post does not become a cadre post simply, on being declared equivalent to a cadre post. It would become a cadre post only after it has been included in and specified as such item I of the cadre strength of each State as shown in the schedules to the I.A.S. ( Fixation of Cadre Strength) Regulations, 1955.
[G.I M.H.A. letter No. 14/51/65-AIS(III), dated 21-2-1966].
3. Constitution of Cadres - 3(1) There shall be constituted for each State or group of States an Indian Administrative Service Cadre.
3(2) The Cadre so constituted for a State or a group of States is hereinafter referred to as a ‘State Cadre’ or, as the case may be, a ‘Joint Cadre’.
4. Strength of Cadres - 4(1) The strength and composition of eachh of the cadres constituted under rule 3 shall be determined by regulations made by the Central Government in consultation with the State Governments in this behalf and until such regulations are made, shall be as in force immediately before the commencement of these rules.
4(2) The Central Government shall, 4[ordinarily] at the interval of every 4[five] years, re-examine the strength and composition of each such cadre in consultation with the State Government or the State Governments concerned and may make such alterations therein as it deems fit:
Provided that nothing in this sub-rule shall be deemed to affect the power of the Central Government to alter the strength and composition of any cadre at any other time:
Provided further that State Government concerned may add for a period not exceeding one year 5[and with the approval of the Central Government for a further period not exceeding two years,] to a State or Joint Cadre one or more posts carrying duties or responsibilities of a like nature to cadre posts.
Government of India's Decisions under Rule 4:
1.1. The criterion for inclusion of senior duty posts in the IAS cadre schedule is that the cadre should include all posts for which the State Government would require officers with wide administrative experience of the standard of the I.A.S. It should thus include:
(i) all superior administrative posts of and above rank of District Officers e.g. Collectors, Commissioners, Members of Board of Revenue, Secretaries & Deputy Secretaries in Administrative Departments; and
(ii) a proportion of miscellaneous posts including those of Heads of Departments. Strict uniformity in this matter is difficult.
1.2 The Central Government reserve the right to take a final decision regarding inclusion of a post in the cadre.
[ G.I. MHA letter No. 5/61/57-AIS(II), dated 22-11-1957, No. 27/28/64-AIS(III), dated 24-3-1966 and 14/39/65-AIS(III).]
2. Posts included in the Cadre acquire the character of permanency.
[G.I. MHA letter No. 6/25/64-AIS(I), dated 1-6-1964].
3. Temporary additions to or subtractions from a cadre are not to be taken into account for cadre calculations or for calculating the number of selection grade posts.
[G.I. MHA letter No. 5/24/58-AIS-II dated 5.5.1958]
4.1 The second proviso requires that the posts added temporarily to the cadre should carry duties and responsibilities of a like nature of cadre posts. The exercise of this power by the State Government with reference to a post involves an objective assessment of the nature of the duties and responsibilities attached to that post in comparison to those attached to a cadre post. Thus posts cannot be added temporarily to the cadre unless such posts already exist in the cadre.
4.2. The scale of pay of the post, temporarily added to the cadre, should also be the same as that of the cadre post to which it corresponds. Thus, where the pay of the post of Secretary in the cadre is in the senior time-scale, it would not be in order, to add temporarily to the cadre post of Secretary in the super time-scale.
[G.I. MHA letter No. 6/9/63-AIS(I), dated 9-2-1965].
5.1. A doubt was raised whether ex-cadre posts equated to cadre posts under rule 9 of any Rules would be treated as automatic temporary additions to the cadre and would fall within the scope of the second proviso to rule 4(2) of the Cadre Rules.
5.2. Both these provisions are independent of each other and are not inter-connected. The second proviso to rule 4(2) of the Cadre Rules empowers the State Government to make temporary additions to the cadre for the period not exceeding the limit indicated therein. Rule 9 of the Pay Rules, on the other hand, provides for regulation of pay of cadre officers appointed to non-cadre (ex-cadre) posts. The State Governments are competent to appoint cadre officers to appoint cadre officers to such posts under their control to the extent that the appointments should not exceed the number of posts in the deputation reserve of the State cadre. The non-cadre (ex-cadre) posts to which cadre officers are appointed would not result in the posts becoming temporary additions to the cadre within the scope of the second proviso to rule 4(2) of the Cadre Rules.
[G.I MHA letter No. 6/25/65-AIS(I), dated 24-4-1965].
6.1. The Government of India have clarified the scope of the second proviso to Rule 4(2) of the IAS (Cadre) Rules, 1954, as follows:-
6.2. The provision regarding addition of extra cadre posts for short periods did not exist in the ICS/IPS Cadre Rules, nor did it exist in the Indian Civil Administrative Cadre Rule, 1950 or the Indian Police Cadre Rules, 1950. Even the original draft of the present IAS/IPS Cadre Rules did not contain such proviso. It was only in the Chief Secretaries' Conference held in 1954 to consider the drafts of the various All India Services Rules & Regulations, that the question of making such a provision in the Cadre Rules, was raised by the Government of West Bengal. The discussion which took place in the Conference on this question indicates clearly the scope of this provision in the Cadre Rules. The relevant extracts from the proceedings, of the meeting of the Conference, held on 13th April, 1954, are reproduced below:-
West Bengal - In the rule regarding the alteration of strength, have to make the same point that I raised this morning. The State Government should have the power to make temporary additions to the cadre for a period not exceeding one year, when the duties of the posts are closely analogous to those of the scheduled cadre posts. This would be necessary, if suddenly we feel the necessity to increase the number of say, the Superintendents of Police.
Shri Bapat - I think that will be a useful provision. We can have it.
Shri Dutt - Please let us have a draft. Of course, there is the obligation of posting only a cadre officer to such a post.
6.3. It would appear from the above discussion that the provision was made to meet the sudden and immediate need for extra posts carrying duties or responsibilities analogous to cadre posts subject to the condition that such posts will be held by cadre officers only. In actual practice occasions for resorting to this provision will be rare and ordinarily the need for such extra cadre post is not for a period exceeding one year. If the need for such extra cadre posts is for a period exceeding one year generally the need is considered to be a permanent one unless the State Government are certain that they will not need such posts beyond a particular fixed period not exceeding three years in all. Therefore, steps should be taken for the inclusion of such posts in the permanent cadre on the expiry of one year. The idea is that by including such posts in the permanent cadre, the State Government will be able to assess correctly their needs for recruitment on the basis of the competitive examination.
6.4. If no cadre officer is available, temporary post created with whatever designation, should not be added to the IAS/IPS cadre. If the post is held by State Civil/Police Service Officer whether in the Select List or not, it will be a temporary addition to the State Civil/Police cadre of the State or an ex-cadre post counted against deputation reserve, if any, provided in the cadre or it would be an isolated post in the State Civil/Police Service to which the State Civil/Police Service Officer could be appointed with the approval of the State Public Service Commission, if so required by the State Rules.
[G.I. MHA letter No. 14/53/65-AIS(III), dated 21-3-1966].
7. It has been held that State Government are not competent to exceed the number of posts specified against items 2 and 5 to 8 of the cadre schedules without the prior sanction of the Central Government under rule 4(2) of the proviso there to.
[G.I. MHA letter No. 14/51/66-AIS(III), dated 21-2-1966 and file No. 14/14/65-AIS(II)].
8. Recruitment to the IAS/IPS, on the results of annual competitive examinations, is made on the basis of the posts shown in item 4 of the IAS/IPS cadre of each state. Items 5 to 8 are the various reserves in the cadre calculated on the basis of that item and the posts shown in these items are also available for the direct recruits. The posts shown in items 7 and 8 of the cadre are in the junior time-scale but those shown in items 5 and 6 will generally be in the senior time-scale. Thus Posts shown in items 5 and 6 of the cadre viz. the ‘Deputation Reserve’ and ‘Leave Reserve’ be when remunerated in the senior time-scale are also ‘senior posts’ to be manned by examination recruits. Thus directs recruits are not only entitled to senior posts shown in item 4 of the cadre of each state but also to posts shown in items 5 and 6 thereof when remunerated in the senior scale of the IAS/IPS.
[G.I. MHA letter No. 14/17/65-AIS(III), dated 20-11-1965].
9.1. A question was raised whether posts temporarily added to the IAS/IPS cadre of a State under the second proviso to rule 4(2) of the IAS/IPS (Cadre) Rules, 1954, should be deemed to have been included temporarily in schedule III-A or III-B to the IAS/IPS (Pay) Rules, 1954.
9.2. The legal position in respect of the posts temporarily added to the IAS/IPS Cadre has been clarified in the Ministry of Home Affairs letter No. 14/51/66-AIS(III) dated the 21st February,1966 and 14/53/65-AIS(III), dated the 21st March ,1966. It would appear therefrom that a post temporarily added to the cadre is not a `cadre post' as defined in the IAS/IPS(Cadre) Rules, 1965. It is also not a cadre post for the purposes of IAS/IPS (Fixation of Cadre Strength) Regulations, 1955. An extra post (carrying duties and responsibilities analogous to cadre posts) could be temporarily added to the cadre, when a cadre officer is available to man such posts. If no cadre officer is available a temporary post created with whatever designation when held by a State Civil/Police Service officer whether in the Select List or not, would be a temporary addition to the State Civil/Police Service cadre of the State of an ex-cadre post counted against deputation reserve, if any, provided in that cadre or it may be an isolated post in the State Civil/Police Service. It would have no connection whatsoever with the IAS/IPS cadre of the State.
9.3. When a post temporarily added to the IAS/IPS cadre is held by a cadre officer a declaration of equivalence under rule 9 of the IAS/IPS (Pay) Rule, 1954, will not be necessary for the purpose of fixation of his pay under the IAS/IPS (Pay) Rules, 1954, the duties and responsibilities of such post being already analogous to a cadre post vide the second proviso to rule 4(2) of the IAS/IPS (Cadre), 1954.
[G.I MHA letter No. 15/39/66-AIS(III), dated 22-4-1966.].
10.1. The Government of India have clarified that purely temporary post may be divided into two categories- (i) Posts created to perform the ordinary work for which permanent cadre posts in the IAS/IPS cadre already exist, the only distinction being that the new posts are temporary and not permanent and (ii) isolated posts created for the performance of special tasks unconnected with the ordinary work which the Service is called upon to perform. An example of the latter type of post would be a post on a Commission of Enquiry. A distinction by strict verbal definition is difficult but in practice there should be little difficulty in applying the distinction in individual cases. The former class of posts should be considered to be temporary additions to the Cadre of the Service. The second proviso to rule 4(2) of the IAS/IPS (Cadre) Rules, 1954, gives power to the State Government concerned to add for a period not exceeding one year, and with the approval of the Central Government for a further period not exceeding two years, to a State Cadre, one or two posts carrying duties or responsibilities of a like nature to cadre posts. The latter class of temporary post should be considered as unclassified and isolated ex-cadre post, the power to create such post will depend on the provisions contained in the Book of Financial Powers of the State Government concerned.
10.2. The posts which are temporary additions to the IAS/IPS Cadre are to be created when cadre officers are available to man them, otherwise, these should be temporary additions of the cadre to which the holders of the post belong as clarified in Ministry of Home Affairs No. 15/39/66-AIS(III), dated 22-4-1966.
10.3. The posts which are ex-cadre of IAS/IPS Cadre are to be manned by cadre officers and counted against deputation reserve provided in the Cadre. There is restriction on the powers of the State Government for the creation of such posts as the number of such posts is not to exceed the number shown against deputation reserve in the Cadre. If a member of service is not going to be appointed to an ex-cadre post, the temporary post can be created either as ex-cadre post of the State Civil/Police Service or just ad-hoc post without equivalence as clarified in paras 6-9 of Ministry of Home Affairs' D.O. letter No. 27/28/64-AIS(III), dated 24-3-1966. It would, however, be appropriate that when the temporary post is to be held by a State Civil/Police Service Officer, it should be created in the time-scale of the State Civil/Police Service.
[G.I. MHA letter No. 40/5/66-AIS(III). dated 27-12-1966].
Government of India Instructions under Rule 4:
1.1. The Government of India have clarified certain fundamentals regarding the management of the All India Services cadres, as follows:
1.2. At the time of the constitution of the IAS/IPS in 1947, it was decided to include the following categories of posts in the IAS cadre:-
(a) All superior posts in the administrative departments of and above the rank of District Officers, i.e., Collectors, Commissioners Members, Board of Revenue, Secretaries, Deputy Secretaries, etc.
(b) A proportion of miscellaneous posts including those of Heads of Departments.
In the IPS, corresponding ranks were substituted, the principle remaining the same.
Provision was made in the rules for triennial review of the cadre strength to adjust it according to the growing and changing needs of each State.
1.3. The senior posts as notified in the schedule of each State cadre were divided into three main categories, viz:-
(a) Senior posts under the State Government;
(b) Central Deputation Reserve;
(c) Deputation Reserve.
The other categories and reserves, such as leave and training reserves and the junior posts are ancillary to the three main categories described above.
1.4. Posts that fulfill the qualifications described in 2 above should therefore, be enumerated as the senior posts under the State Government. The intention also has always been that all posts in the State which are required on a long term basis and which carry duties and responsibilities similar to such senior cadre posts, should be included in the cadre. At the time of the triennial review a realistic estimate should be made of the new posts required during the next 4 to 6 year on the basis of the previous rate of expansion of the cadre and of the additional posts required in connection with the Five Year Plans and the growing business of Government and the cadre strength should be fixed after taking these needs into consideration.
1.5. The Central Deputation Quota fixes the share of the Government of India out of the State cadre for the various requirements of the Center. By and large this quota may be taken to be the limit of deputation to the Government of India.
1.6. The Deputation Reserve is intended to provide a cushion to the State Government for its temporary and unforeseen demands of cadre officers for manning such ex-cadre posts which are required temporarily for short periods and which do not qualify for inclusion in the IAS cadre. The very name suggests that it is intended to cover short-term needs; long-term posts being brought into the cadre as soon as it is known that they would continue over a period of time.
1.7. Select Lists are intended to provide a ready list of screened State Service Officers who can be appointed to vacancies that may occur in the promotion quota during a particular year. It can also be utilized to fill short-term vacancies and to meet any minor emergency requirements on a temporary basis. It has never been intended to become a parallel cadre for manning long-term vacancies either in the cadre or in ex-cadre equivalent posts.
1.8. If the cadre strength is adequately fixed keeping in view the normal rate of growth of the cadre and the requirements of the Plan etc. and if recruitment to the cadre has been on an adequate scale, the need for filling cadre posts by Select List Officers should rarely arise. There should be no long term ex-cadre posts. If there are any, they ought to go into the cadre. For short term ex-cadre posts, the deputation reserve in the cadre should be adequate. If there is an imbalance between the number of the ex-cadre posts and the deputation reserve, then it can be redressed either by reducing the number of ex-cadre posts or increasing the deputation reserve.
1.9. It is not at all necessary that new senior posts which are created must be declared equivalent to cadre posts. Rule 9(1) of the Indian Administrative Service (Pay) Rules, 1954, requires that members of the service should not be appointed to an ex-cadre post unless the State Government had declared it equivalent to a cadre post. In exceptional circumstances, of course for reasons to be recorded in writing, the equation may not be made [Sub-rule(4) of rule 9]. It is, therefore, only when a member of the service is to be appointed to an ex-cadre post and even then it is not necessary in all cases. If a member of the service is not going to be appointed to an ex-cadre post, declaration of equivalence is not required at all. These can be created either as ex-cadre post of the State Civil or Police Services or just ad hoc posts without equivalence.
1.10. The adequacy recruitment rate for the all India Services is vital to the proper functioning and management of Government. Two measures are needed to ensure this. The first is the prompt encadrement of new posts likely to last over an extended period and the second is to assess future needs in advance on the basis of the past experience and the future plans. A failure in either of the two requirements will affect the adequacy of cadre strength thus leading to strains and stresses which some of the States are facing today.
Once the cadre strength has been determined at the triennial review, which can be made more frequent if required, the rate of annual recruitment must be adequate to fill up all the posts within two or three years. In some of the States the recruitment rate has been rather low with the result that gaps continue in the cadre for years and longer Select Lists are required to meet the cadre shortages. This has two-fold disadvantages; it affects the seniority of the direct recruits and the State Service Officers develop hopes and expectations beyond those provided for in the scheme of the All India services.
[G.I. M.H.A. D.O. letter No. 27/28/64-AIS(III), dated 24-3-1966.]
State Governments while framing the rules for setting up of Tribunals etc. under various Acts, make provision that the Chairman/Members of Tribunal shall be a member of the IAS equivalent in status and rank to a specified cadre post in the IAS cadre of that State. As a consequence, it becomes obligatory to encadre such posts at the prescribed levels.
In order to ensure uniformity of approach and to avoid inter-cadre imbalances which might result as a consequence of posts being encadred in the manner indicated above, the State Governments are requested to obtain the prior concurrence of this Department before making any provision in the statutory rules for filling up certain posts by the members of the IAS.
[G.I. DOPT Letter No. 11031/6/87-AIS(II), dated 20.4.1987.]
The question whether the posts in Public Sector Undertakings could be encadred in the AIS has been examined further and the Government of India have been advised that such posts cannot be encadred in the cadre schedules of the All India Services as cadre posts.
[G.I. DOPT Letter No. 11031/18/88-AIS(II), dated 8.12.1988.]
4.1. The Government of India have issued the following clarifications regarding rule 4 of the Cadre Rules and the various reserves against which officers holding posts other than cadre posts are to be shown:-
4.2. Under Rule 3 of the Cadre Rules, Cadres have been constituted for each State or group of States. The strength and composition of each of these cadres have been determined by the Regulations, framed under the Cadre Rules and have been shown in the Schedule to those Regulations. The term ‘cadre post’ has been defined as any post specified under item I of each cadre in the Cadre Schedule vide clause (b) of Rule 2 of the cadre Rules.
4.3. The power to alter the strength and composition of a cadre vests in the Central Government, vide Sub-rule (1) of Rule 4 of the Cadre Rules. With a view to meeting emergent needs of the State administration, the State Government concerned has been authorised vide the second proviso under sub-rule (2) of Rule 4 of the Cadre Rules, to add for a period not exceeding one year to a State Cadre, one or more posts carrying duties or responsibilities of like nature to cadre posts. However, the posts so added by State Government do not become cadre posts.
4.4. With a view to ensuring that members of the Indian Administrative Service are not deployed on posts which do not require to be manned by officers of that caliber, it has been provided, vide sub-rule (1) of Rule 9 of the Indian Administrative Service (Pay) Rules, 1954 (hereinafter referred to as "The Pay Rules") that no such members shall be appointed to a post other than a post specified in the Pay Schedule. However, for the sufficient reasons to be recorded in writing, such a declaration may be dispensed with, vide sub-rule (4) of Rule 9 of the Pay Rules.
4.5. Neither a post which is declared equivalent in status and responsibility to a post included in the Pay Schedule nor a post in respect of which such declaration has been dispensed with, is a cadre post.
4.6. Powers under the second proviso under sub-rule (2) of Rule 4 of the Cadre Rules are to be invoked only for increasing the number of posts with a particular designation already included in the Cadre Schedule. If a post with a particular designation does not figure in the cadre schedule, it cannot be created by invoking these powers. It will have to be created, where necessary, by the State Government, under their inherent powers and if a member of the Indian Administrative Service is to be appointed thereto such appointment should be regulated under rule 9 of the Pay Rules.
4.7. When a post is created by invoking the powers under the second proviso to sub-rule (2) of Rule 4 of the Cadre Rules, further action under Rule 9 of the Pay Rules, is not necessary, because the post will already be figuring in the Pay Schedule.
4.8. Thus, powers under
sub-rule (2) of Rule (4) of the Cadre Rules and under Rule 9 of the Pay Rules,
are mutually exclusively and together are exhaustive, in so far as posts under
the State Government are concerned.
4.9. Doubts have been expressed about the item of the Cadre Schedule which relates to posts, other than cadre posts on which cadre officers are deployed. Item 2 and 5, namely, Central Deputation Reserve and Deputation Reserve, comprise the following posts manned by cadre officers:-
(A) Item 2 : Central Deputation Reserve: Posts under the Central Government.
Item 5 : Deputation Reserve:
(i) Posts under the Government of the State on the cadre of which the officer is borne:-
(a) Which has been created in exercise of the powers of the State Government under the second proviso under sub-rule (2) of Rule 4 of the Cadre Rules.
(b)Which have been declared equivalent to posts included in the Pay Schedule.
in respect of which a declaration of equivalence to posts included in the Pay Schedule has been dispensed with.
Posts under the Government of a State, other than the one on the cadre of which the officer is borne.
(iii)Posts under a company, association or body of individuals whether incorporated or not, which is wholly or substantially owned or controlled by the Central Government or a State Government or a Municipal Corporation or a Local Body, other than cadre posts of the State Cadre on which the officer is borne.
Posts under an international organisation an autonomous body not controlled by the Government, or a private body.
[G.I. Dept. of Per. & A.R. letter No. 4/12/70-AIS(I), dated 26.5.1971].
5.1. Cadre officers who were deputed to posts other than those under the Central Government were to be reckoned against the Deputation Reserve provided for under item 5 of the Cadre Schedule of the respective All India Services cadres. Several State Governments have brought it to the notice of the Central Government that as a result of the above mentioned interpretation, they are experiencing a number of administrative difficulties in cadre management, with the existing strength of the Deputation Reserve. It has been urged by the State Governments that the counting of officers on deputation to the autonomous bodies wholly or substantially toward or controlled by the Central Government, or to international organizations, against the Deputation Reserve, invariably results in the over-utilization of this Reserve. As a consequence, the Government of India does not accord approval, under rule 9 of the Cadre Rules, to the officiation of non-cadre officers against cadre posts to the extent the Deputation Reserve is over-utilised. Also, the cadre officers who hold ex-cadre posts, in excess of the number provided for in the Deputation Reserve, are not authorized to draw pay in the pay scale of the Indian Administrative Service unless the over - utilization is regularized by the Central Government by means of special sanction. It has further been argued that the deputation of the members of the All India Services to autonomous bodies under the Central Government and to international organisations is arranged by the Government of India and accordingly officers holding posts in such organizations should be counted against the Central Deputation Reserve.
5.2. The Government of India has accordingly reconsidered the whole matter and has come to the conclusion that the relevant instructions in this Department's letter, dated the 26th May, 1971, cited above, require to be modified to avoid administrative difficulties in cadre management experienced by the State Governments. It is felt that, generally speaking, posts under or in connection with the affairs of the Central Government or an international organization which have little to do with the State Government on the cadre of which the officer is borne, should not be counted against its Deputation Reserve.
5.3. It has, therefore, been decided in modification of paragraph 10 of the said letter that items 2 and 5, namely, the "Central Deputation Reserve" and the "Deputation Reserve" shall comprise the following types of posts manned by cadre officers:-
(A) Item 2: Central Deputation Reserve: All ex-cadre posts held by cadre officers under the control of the Central Government, all posts under a Company, Association, or a Body of individuals, whether incorporated or not, which is wholly or substantially, owned or controlled by the Government of India, all posts under a Municipal Corporation or a Local Body under the control of the Central Government when held by a cadre officer not belonging to the Union Territories cadre, and all posts under the Organisations and Bodies mentioned in rule 6(2)(ii) of the IAS/IPS/IFS(Cadre) Rules.
(B) Item 5: Deputation Reserve: All ex-cadre posts held by cadre officers under the control of the State Government, all posts under another State Government or under a Company Association or a Body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by the State Government, all posts under a Municipal Corporation or Local Body under the control of the State Government.
[G.I. DOPT Letter No. 11031/19/75-AIS-II, dated 16.4.1975.]
6.1. The Government of India have issued the following clarifications regarding the composition of the Central and State Deputation Reserves:-
6.2. Under second proviso to sub-rule 2 of Rule 4 of the Cadre Rules, the State Government is competent to add for a period not exceeding one year and, with the approval of the Central Government, for a further period not exceeding two years, to a State or Joint Cadre one or more posts, carrying duties or responsibilities of a like nature to cadre posts. Doubts have been raised whether such posts are to be considered as cadre posts or as ex-cadre posts against the State Deputation Reserve. It is hereby clarified that the posts which are created in exercise of the powers of the State Governments under the second proviso under sub-rule 2 of rule 4 of the Cadre rules are to be counted as temporary cadre posts added temporarily to the cadre schedule and as such, they are not to be counted against the State Deputation Reserve. However, only such posts which are created for increasing the number of posts with a particular designation already included in the cadre schedule would be counted in this category.
6.3. On the other hand, if a post with a particular designation does not figure in the cadre schedule, it cannot be created by invoking this power. It can be created as per necessity by the State Government under their inherent powers and the members of the All India Services cannot be deployed to such a post unless a declaration is made that the post is equal in status and responsibility to a post mentioned in Schedule III to the respective Pay Rules under sub-rule 1 of rule 9 of the same Rules. However, for sufficient reasons to be recorded in writing such a declaration may be dispensed with vide sub-rule 4 of rule 9 of the respective Pay Rules.
6.4. Neither a post which is declared equivalent in status and responsibility to a post included in the pay schedule, nor a post in respect of which such a declaration has been dispensed with, is a cadre post. Such a post is to be counted against the State Deputation Reserve. Apart from these posts, the other kinds of posts which are to be counted against the State Deputation Reserve are as follows:-
Posts under the Government of a State other than the one on the cadre of which the officer is borne;
Posts under a company, Association or a body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by the Central Government or a State Government or a Municipal Corporation or a local body, other than the cadre post of a State Cadre on which the officer is borne;
Posts under an international organisation or an autonomous body not controlled by the Government or a private body.
6.5. Central Deputation Reserve will continue to be constituted of the posts under the Central Government.
6.6. To this extent, the orders of Government of India vide DOP&AR letter no. 4/12/70-AIS(I), dated 26.5.1971 stand modified.
[G.I. DOPT letter No. 11033/1/98-AIS(II), dated 23.4.1998.]
7.1. A question was raised as to how the scale check prescribed in the Ministry of Home Affairs' endorsement No. 14/51/65-AIS(III),dated 21-2-1966 should be conducted. The Government of India have considered the matter carefully and they have decided that the scale check in respect of the IAS/IPS cadre of each State should be carried out by the Accountant General concerned with reference to the IAS/IPS (Fixation of Cadre Strength ) Regulations, 1955, in relation to each State. In other words it should be examined whether the posts shown against each item have been properly utilised. It is also to be checked up whether any of the cadre posts held by a non-cadre officer and if so whether it is with proper approval of the competent authority under rule 9 of the IAS/IPS (Cadre ) Rule , 1954, and whether non-cadre officers (Select List Officers) have been appointed to officiate in cadre posts in the order in which their names appear in the current Select List.
7.2. The intention is that the quarterly check should be conducted for the quarters ending 31st March, 30th June, 30th September and 31st December and the results should be communicated by the Accountant General concerned to the Government of India as also the State Government concerned within one mouth i.e. the report for the quarter ending 31st March should be communicated by the 30th April, and so on.
7.3. The Government of India have also decided that copies of the current Select List and the orders issued under rule 9 of the IAS/IPS (Cadre) Rules, 1954, from time to time should be supplied to the Accountants General to enable them to carry out the above-mentioned scale check. They will, no doubt, treat the Select Lists as confidential documents and utilise them for official use only, as required under the existing instructions.
[G.I. MHA letter No. 16/5/66-AIS(III), dated 23-6-1966].
8. Rule 4 of the Cadre Rules provides for a review of the strength and composition of the cadre at the interval of every three years. The State Governments are, therefore, requested to sponsor their triennial review proposals after taking into consideration their requirements at least for 3 years to avoid frequent proposals for amendments to the cadre schedule. However, cases where changes in the cadre are considered unavoidable and cannot be delayed till the next triennial review, in such circumstances proposals may be made once in a year i.e. in the month of January. The State Governments are therefore, requested to adhere to this procedure for proposing amendments to the cadre schedule.
[G.I. MHA letter No. 6/10/68-AIS(II), dated 27-2-1968].
5. Allocation of members to various cadres - 5(1) The allocation of cadre officers to the various cadres shall be made by the Central Government in consultation with the State Government or the State Government concerned.
5(2) The Central Government may, with the concurrence of the State Government concerned transfer a cadre officer from one cadre to another cadre.
Government of India's Decisions under Rule 5:
It has been decided that, while allocating candidates selected on the basis of the annual competitive examinations to the various State Cadres, the recommendation of the States Reorganisation Commission, that at least 50 per cent of the new entrants in any state cadre should be from outside the State concerned, shall be borne in mind.
[G.I MHA File No. 1/66/50-AIS(I).]
66. Deputation of cadre officers - 6(1) A cadre officer may, with the concurrence of the State Governments concerned and the Central Government, be deputed for service under the Central Government or another State Government or under a company, association or body of individuals, whether incorporated or not which is wholly or substantially owned or controlled by the Central Government or by another State Government.
7Provided that in case of any disagreement, the matter shall be decided by the Central Government and the State Government or State Governments concerned shall give effect to the decision of the Central Government.
6(2) A cadre officer may also be deputed for service under -
(i) a company, association or body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by a State Government, a Municipal Corporation or a Local Body, by the State Government on whose cadre he is borne; and
(ii) an international organisation, an autonomous body not controlled by the Government, or a private body, by the Central Government in consultation with the State Government on whose cadre he is borne:
Provided that no cadre officer shall be deputed to any organisation or body of the type referred to in item (ii), except with his consent:
8 [Provided further that no cadre officer shall be deputed under sub rule (1) or sub-rule (2) to a post other than a post under the Central Government or under a company, association or body of individuals whether incorporated or not, which is wholly or substantially owned or controlled by the Central Government, carrying a prescribed pay which is less than, or a pay scale, the maximum of which is less than, the basic pay he would have drawn in the cadre post but for his deputation.]
Government of India's Decisions under Rule 6:
1. The terms of deputation of a cadre officer deputed to another State shall be finalised by the borrowing Government in consultation with the lending Government. If there is any point of difference between them, it may be referred to the Government of India.
[G.I. MHA Letter No. 22/6/57-AIS(II), dated 30.5.1957.]
2. The terms of deputation of an officer, deputed on foreign Service are normally issued by the lending authority, in consultation with the borrowing authority. In the case of the All India Services, however, the All India Services (Leave) Rules, 1955, the All India Services (Conduct) Rules, 1968 and the All India Services (Discipline and Appeal) Rules, 1969 provide that a member of an All India Services whose services are placed at the disposal of a company, corporation etc. by the Central Government or the Government of a State shall, for the purpose of these rules, be deemed to be a member of the Service serving in connection with the affairs of the Union or in connection with the affairs of that State, as the case may be. By virtue of the provision contained in these rules, if the terms of deputation of a member of an All India Service deputed to a public sector undertaking controlled by the Central Government, are issued by a State Government, `Government' in his case will be a State Government concerned. It is, however, only proper that such a member of an All India Service should be under the control of the Central Government for the purposes of these Rules. In view of this, the terms of deputation of a member of an All-India service who is serving in connection with the affairs of a State and who is deputed to a public sector undertaking etc. controlled by the Central Government should be issued by the Ministry/Department of the Central Government which is administratively concerned with that organization in consultation with the State Government of Joint Cadre Authority on whose cadre the officer is borne.
[G.I. DOPT Letter No. 13/27/74-AIS(II), dated 17.1.1975.]
3.1. Rule 6(2)(ii) of the IAS(Cadre) Rules, 1954 and corresponding rules governing the Indian Police Service and Indian Forest Service enables deputation of a member of the service to a non-Government body by the Central Government in consultation with the State Governments concerned.
3.2. The Rajya Sabha Committee on Subordinate Legislation in their 93rd report has observed that members of the All India Service should be deputed to such bodies only in exceptional circumstances for reasons to be recorded in writing. The above observations of the Rajya Sabha Committee may be kept in mind while recommending the deputation of members of All India Service to non-Government bodies.
[G.I. DOPT Letter No. 28020/4/91-AIS-II dated 26.7.1993.]
4.1. Rule 6(2)(ii) of the IAS(Cadre) Rules and the corresponding rules governing the IPS and IFS enable the deputation of a member of the Service to an international organisation, an autonomous body not controlled by Government or a private body, etc. In such cases, the Central Government is the authority competent to order such deputation and the consent of the State Government and the officer concerned is also required.
4.2. It is seen that in several instances officers of the All India Services are required to be sent on deputation to the Universities/teaching or training institutions of repute which are autonomous organisations and which are not controlled by the Government, and therefore, such deputations fall within the purview of Rule 6(2)(ii). It has now been decided that in all such cases, the State Government may themselves order the deputations in institutions located within the State, for a period of upto three years, provided that prior consent of the officer is obtained and the Central Government are kept informed of all such deputations. This provision will not apply to deputations to Central Universities/Deemed Universities or institutions established by the Government of India.
4.3. In regard to the question of the `cooling-off' period required to be completed by an officer who was on Central deputation before being eligible to be deputed to a body referred to under Rule 6(2)(ii), presently there are no such requirements of a `cooling-off' period. However, in order to ensure that officers at the end of Central deputation return to serve their States, it has been decided that all such officers will be required to `cool-off' in their States at the end of their period of Central deputation before they can be considered for deputation under Rule 6(2)(ii) if their place of posting is located outside their own allotted States.
[G.I. DOPT Letter No. 14017/16/91-AIS-II dated 13.10.1993.]
Postings - All appointments to cadre posts shall be made:-
8. Cadre and ex-cadre posts to be filled by cadre officers - 8(1) Save as otherwise provided in these rules every cadre post shall be filled by a cadre officer.in the case of a State Cadre, by the State Govt.; and
in the case of a Joint Cadre, by the State Govt. concerned.
8(2) A Cadre officer shall not hold an ex-cadre post in excess of the number specified for the concerned State under item 5 of the Schedule to the Indian Administrative Service (Fixation of Cadre Strength) Regulations, 1955.
8(3) The State Government may, with the prior approval of the Central Government, appoint a cadre officer to hold an ex-cadre post in excess of the number specified for the concerned State in item 5 of the Schedule to the Indian Administrative Service (Fixation of Cadre Strength) Regulations, 1955 and, for so long as the approval of the Central Government remains in force, the said ex-cadre post shall be deemed to be an addition to the number specified in item 5 of the said Schedule.
9. Temporary appointment of non-cadre officer to cadre posts - 9(1) A cadre post in a State shall not bee filled by a person who is not a cadre officer except in the following case; namely:-
if there is no suitable cadre officer available for filling the vacancy:
Provided that when a suitable cadre officer becomes available, the person who is not a cadre officer, shall be replaced by the cadre officer;
Provided further that if it is proposed to continue the person who is not a cadre officer beyond a period of three months, the State Government shall obtain the prior approval of the Central Government for such continuance;
(b) if the vacancy is not likely to last for more than three months:
Provided that if the vacancy is likely to exceed a period of three months, the State Government shall obtain the prior approval of the Central Government for continuing the person who is not a cadre officer beyond the period of three months.
99(2) A cadre post shall not be filled by a person who is not a cadre officer except in accordance with the following principles, namely:
(a) if there is a Select List in force, the appointment or appointments shall be made in the order of the names of the officers in the Select List;
(b) if it is proposed to depart from the order of names appearing in the Select List, the State Government shall forthwith make a proposal to that effect to Central Government together with reasons therefor and the appointment shall be made only with the prior approval of the Central Government;
(c) if a Select List is not in force and it is proposed to appoint a non-Select List Officer, the State Government shall forthwith make a proposal to that effect to the Central Government together with reasons therefor and the appointment shall be made only with the prior approval of the Central Government;
10
9(3) Where a cadre post is likely to be filled by a person who is not a cadre officer for a period exceeding six months, the Central Government shall report the full facts to the Union Public Service Commission with the reasons for holding that no suitable officer is available for filling the post and may in the light of the advice given by the Union Public Service Commission give suitable direction to the State Government concerned;119(4) Notwithstanding anything contained in these rules, in relation to the State of Nagaland and the Union Territories, a cadre post may be filled by a person who is a member of the Indian Frontier Administrative Service and was recruited to the Service prior to the 1st of January, 1968.
12 [ ] Deleted.
Government of India's Decisions under Rule 9:
1. One of the objects of the procedure laid down in this rule is to ensure that a non-cadre officer is not appointed to a cadre post, if a suitable cadre officer is available. Thus, while the suitability of an officer included in the Select List for officiating in a cadre post cannot ordinarily be in doubt, the question to be examined in making all appointments to cadre posts is whether a suitable cadre officer is available or not, vide sub-rules (3) and (4). It has, therefore, been decided that even in a case where an officer included in the Select List is appointed in an officiating capacity of a cadre post, the requirements of this rule should be fully complied with.
[G.I. MHA letter No. 9/30/62-AIS(I), dated 31.8.1962.]
2. As the filling of a cadre post by a non-cadre officer is permitted under rule 9, it has been held that it would be within its scope if a non-cadre officer, while holding a non-cadre post in addition discharges the duties an functions of a cadre post. Such arrangements should not, however, last for more than three months.
[G.I. MHA letter No. 6/17/64-AIS-(I), dated 8.4.1965.]
3.1 The Government of India have been advised that while making temporary appointments of Select List Officers to cadre posts under rule 9 of the Cadre Rules, the order in which their names appear on the Select List should be followed. Where administrative needs so require, a State Civil Service Officer may be appointed temporarily to a cadre post out of turn for a period not exceeding three months to the extent permitted by rule 9 of the Cadre Rules. If the out of turn officiaton of Select List Officer exceeds the period of three months it would be incumbent on the part of the Central Government to refuse the continuance of the Select List Officer in such temporary officiaton, and to require that the post be filled by the Select list officer who is not in order in the Select List. It is also open to the Central Government under rule 9 of the Cadre Rules to give directions for the appointment of a cadre officer to a cadre post in place of or instead of, a Select List officer.
3.2. It was further being held that no benefit in the matter of seniority, pay and probation will be admissible to a Select List officer appointed to a cadre post out of turn beyond the period of three months from the date of temporary appointment.
[G.I. MHA letter No. 14/51/65-AIS(III) dated 21.2.1966].
4. The Government of India have held that it is ultra vires of the all India Services Act, 1951, to regulate appointments of non-cadre officers (whether in the Select List or not) in non-cadre posts (whether declared equivalent to a cadre post or not) under Rule 9 of the Cadre Rules. Consequently, there is no question of approval of the Government of India being accorded in the case of a Select List Officer holding a non-cadre post or a post temporarily added to the cadre, under rule 9 of the Cadre Rules.
[G.I. MHA letter No. 15/79/69-AIS(III), dated 17.10.1966.]
Government of India's Instructions under Rule 9:
1.1. The Government of India have advised the State Governments that they should keep in view the legal position explained in the note appended to the Ministry of Home Affairs letter No. 14/51/65 AIS(II), dated 21-2-1966 regarding the scope of regulation 8 of the I.A.S. (Appointment by Promotion) Regulation, 1955, and rule 9 of the I.A.S. (Cadre) rules, 1954, while appointing non-cadre officers (Select List officers) to officiate in cadre posts.
1.2. The State Governments have also been advised that while making reference to the Government of India, they should furnish information in the revised proforma, reproduced below:-
PROFORMA
Part I
|
1. Name of the State 2. Name of the Officer proposed to be appointed to the IAS/IPS cadre post for a period exceeding six months 3. Designation of the post held 4. Is the post mentioned against Col.3 above is a cadre post specified in item I of the cadre Schedule 5. Date of appointment 6. The period upto which the appointment is proposed to be made The reasons for holding that no suitable cadre officer is available for filling the IAS/IPS cadre post 8. (a) Cadre strength (b) Direct Recruitment Quota (c) Promotion Quota 9. No. of non-cadre officers holding cadre posts 10. (a) Whether the officer(s) proposed for appointment in cadre post(s) figure(s) in the current Select List for Promotion to the IAS/IPS (b) If so, whether, all the officers placed above him in the Select List are officiating in cadre posts 11. Particulars of the senior most officer in the Junior Scale of the IAS/IPS in the State 12. Whether there are any officers senior to those in 10 above who are not holding cadre posts. (Please furnish details in Part II). |
Sanctioned Actual
|
Part II
Position of officer in the current select list senior to the officer(s) mentioned in column 2 of Part I
|
Sl. No. |
Name of the officer (arran-ged in the order of names in the current select list) |
Date from which contin-uously offici-ating in cadre post |
Designa-tion of the cadre post (Specif-ied in item (1) of the cadre schedu-le) held by officer |
No. & Date of the GOI’s commu-nication approv-ing the officiat-ion |
Departure if any from the order of the names in the current Select List in making officiation arrangem-ents. Give reasons. |
Note - The phrase `Cadre Post' wherever used in Part I & II of this proforma means senior duty post specified in item I of the Cadre strength.
[G.I.,MHA letter No. 6/54/64-AIS(I), dated 26.3.1966.]
2.1. The Government of India have clarified the scope of Rule 9 of the Cadre Rules as follows:-
(a) The report under sub-rule (2) of rule 9 of the I.A.S./I.P.S. (Cadre) Rules, 1954, is to be made when a non-cadre officer is appointed to a cadre post for a period exceeding three months, i.e., the period may be six months or more than six months, but it should exceed three months. The period exceeding 6 months has, therefore, no relevance whatsoever to the report to be made under sub-rule 2 or rule 9 of the Cadre Rules. The report under the said sub-rule may not be made only once in all cases but it may be made subsequently every time, if it is proposed by the State Government to further extend the initial period of the appointment exceeding three months.
(b) Sub-rule (3) of the I.A.S./I.P.S. (Cadre) Rules, 1954, is self-contained and independent of the provisions contained in sub-rules(1), (2) and (4) of the said rule. Sub-rule (3) of rule 9 of the Cadre Rules empowers the Central Government to give directions to the State Government at any time to terminate the temporary appointment of a non-cadre officer to a cadre post, even without any report from the State Government whether the period is less than three months or more than six months. The words " or otherwise " occurring in sub-rule (3) of rule 9 of the Cadre Rules are of great significance in this context and leave no scope for doubt.
Sub rule (4) of rule 9 of the Cadre Rules does not place any restriction on the aforesaid powers of the Central Government under sub-rule (3) of rule 9 . The matter is to be referred to the Union Public Service Commission when the Central Government comes to the conclusion that no suitable cadre officer is available for filling the cadre post in question and does not want to terminate the appointment of the non-cadre officer under sub-rule (3) of the said Rules Suitable directions are then issued by the Central Government to the State Government Concerned in the light of the advice given by the Union Public Service Commission. Such directions may contemplate termination of appointment of the non-cadre officer on availability of a suitable cadre officer or after a specified period or may stipulate other conditions. Again the arrangement contemplated by the directions may be terminated by the Central Government at any time under the powers vested in it by sub-rule (3) of rule 9 of the Cadre Rules.
(d) According to rule 8 read with rule 9, of the IAS/IPS (Cadre) Rules,1954, a non-cadre officer has to be replaced by a suitable cadre officer as soon as one becomes available. The appointment of non-cadre officer (Select List Officer etc.) to hold the cadre post as a stop gap arrangement pending availability of a suitable cadre officer does not give him any right to continue to hold the cadre post even after a suitable cadre officer becomes available.
(e) The inclusion of the name of a State Civil Service officer in the Select List does not confer any right on him, nor does he become a promoted officer merely by virtue of such inclusion. Appointment of non-cadre officers (Select List Officer) to cadre posts under rule 9 of the Cadre Rules is a purely temporary arrangement which may be terminated at any time when the Central Government or the State Government or the State Government concerned finds that suitable cadre officers have become available. The Select List officers cannot be equated with the direct recruits who are members of the service and are entitled to hold senior posts.
2.2. The State Government have been advised to keep the above instructions in view while sending reports/proposals under rule 9 of the cadre Rules to the Government of India.
[G.I., MHA letter No. 1/1/67-AIS(III), dated 11.1.1967.]
1310. Report to the Central Government of vacant cadre posts - Cadre posts shall not be kept vacant or hheld in abeyance for periods exceeding six months without the approval of the Central Government. For this purpose, the State Government shall make a report to the Central Government in respect of the following matters, namely:-
(a) the reasons for the proposal;
(b) the period for which the State Government proposes to keep the post vacant or hold it in abeyance;
(c) the provision, if any, made for the existing incumbent of the post; and
whether it is proposed to make any arrangements for the performance of the duties of the post to be kept vacant or held in abeyance, and if so, the particulars of such arrangements.
Government of India's Decision under Rule 10:
1.1. Instances have come to the notice of the Government of India in which State Government kept in abeyance I.A.S. cadre posts under their control, under this rule and simultaneously created in lieu, ex-cadre posts involving identical duties and responsibilities but carrying remuneration different from (generally above) that laid down for the corresponding cadre posts.
1.2. The Government of India are of the view that, as a general rule, action of this nature not only has the effect of altering the structure of the State I.A.S. cadre concerned, but also tends to defeat more than one object embodied in the All India Services Rules. The rules do not necessarily require the appointment of a cadre officer to an ex-cadre post of this type. The appointment of a non-cadre officer to what should really be a cadre post would be open to obvious objection; but so also would the appointment of a cadre officer to an ex-cadre post which, by the very nature of duties and responsibilities involved, should actually be a cadre post. The holding in abeyance of certain cadre posts, and their substitution by ex-cadre posts carrying different scales or rates or pay as well as status would thus result in an artificial exclusion of certain posts from the cadre. Such appointments generally mean a departure from the Pay Rules, and result in a distortion of the cadre structure. In certain circumstances, there may well be reason to consider, the upgrading of a cadre post from the senior time-scale to super time-scale on account of enhanced, responsibilities. The proper course to adopt in such cases, would, however, be for the State Government to justify the upgrading of the post in question and make appropriate proposals to the Central Government for a revision of the State Cadre Schedule. In considering such proposals, the need for maintaining a broad measure of all-India uniformity would, no doubt, have to be borne in mind.
1.3. Under this rule, the State Governments are required to make a report to the Central Government in all cases in which the State Government propose to keep a cadre post vacant for a period exceeding six months. The rule also lays down the various particulars which are required to be furnished to the Central Government in such reports. The purpose of the rule is to ensure that there is adequate justification for the extension of such extraordinary arrangement beyond a period of six months and its spirit is generally to discourage their indefinite continuance. The rule, as at present worded, leaves it to the State Government to hold cadre posts in abeyance when required. The corresponding arrangements in the case of the ex-Secretary of State's Services was different. The then Provincial Governments were advised by the late Home Department that, although it was correct that Provincial Governments had power to create posts and to fix the pay there of, it was never intended that the provisions of the Reserve Posts (I.C.C.S.) Rules should be used in conjunction with those powers to alter the construction, of the cadre of a Service sanctioned by the Secretary of State. They were also advised that the holding in abeyance of a `reserved post' and the substitution for it of a superior `unreserved post' would render nugatory the relevant Provisions of the Act' of 1935 relating to All-India Services, created by the Secretary of State. It was therefore, enjoined on the Provincial Governments that Secretary of State's sanction would be necessary to the holding in abeyance of a reserved post and creation in its place of a temporary post different in status.
1.4. The general considerations relating to the organisation and working of All India Services broadly continue to be the same. A suggestion has, therefore, been made that a provision be added in this rule to the effect that cadre posts shall not be kept vacant or held in abeyance for periods exceeding six months without the approval of the Central Government. Such an amendment would not only be justified on the basis of past precedent, but on the requirements of the present situation as well, and above all, on account of the need for maintaining the all-India character of the I.A.S. In fact, it has always been the intention that the holding of cadre posts in abeyance should be resorted to only in exceptional circumstances, and although this rule does not specifically provide for the Central Government's approval to the continued holding in abeyance of a cadre post for period exceeding six months, the spirit of the rule, no doubt, is to discourage the practice and to ensure that in every case in which it is resorted to, the action is fully justified on the basis of various important consideration of which some find mention in these rules itself.
1.5. The Government of India is of the view that it would be quite inappropriate to hold a cadre post in abeyance and simultaneously to create in lieu an ex-cadre post involving identical duties and responsibilities, but with a different status and pay attached to it. However, they do not wish to suggest the addition of a provision of this rule on the lines indicated above , and trust that the State Governments would agree to act according to the views expressed in the preceding paragraphs and to the spirit of this rule, thereby obviating the need for any formal amplification of the rule in the manner proposed.
1.6. It is also observed that instances of cadre officers holding ex-cadre posts, and of non-cadre officers holding cadre posts generally tend to be large in number. The Government of India are of the view that this is not a satisfactory position and the State Governments might as a matter of general policy employ cadre officers as far as possible on cadre posts.
[G.I. M.H.A. letter No. 6/43/62-AIS(I), dated 2.9.1963.]
1411. Holding of more than one post by a cadre officer - (i) The State Government concerned in resspect of the post borne on the State Cadre or the Joint Cadre as the case may be, may, for the purpose of facilitating leave arrangements for a period not exceeding six months, direct that any two cadre posts or a cadre post and an equivalent post may be held simultaneously by one single cadre officer.
(ii) Where the State Government is of the opinion that it is necessary so to do, it may, with the prior approval of the Central Government, order that the posts directed by it to be held simultaneously by one single cadre officer under sub-rule (i), may continue to be so held for a period beyond six months but, in any case, not beyond twelve months from the date with effect from which the posts were first directed to be so held under sub-rule(i).
Government of India's Decisions under Rule 11:
1.1. The term `equivalent post' includes a post in a body incorporated or not which is wholly or substantially owned by the Government i.e., a post of foreign service, in view of the provisions contained in sub-rules (2) and (3) of rule 9 of the Pay Rules. Thus the provisions of rule 11 of the Cadre Rules are attracted where a cadre officer holds a cadre post and a post on foreign service simultaneously.
1.2. Combination of Government service with foreign service in one officer, is, however, not desirable and should be resorted to only in exceptional circumstances.
[G.I. M.H.A. letter No. 5/2/65-AIS(I), dated 30.4.1965.]
1511A. Authority to exercise certain powers in respect of members of the Service serving in connection with the affairs of the State constituting a Joint Cadre:- The powers of the State Government under the second proviso to sub-rule (2) of rule 4, under clause (1) of sub-rule (2) of rule 6 and under Rules 7, 10 and 11, in relation to the members of the Service serving in connection with the affairs of any of the Constituent States shall be exercised by the Government of that State.
1611B. Authority to exercise certain powers in respect of members of the Service serving in connection with the affairs of the State constituting a Joint Cadre:- The powers of the State Government under rule 9, in relation to the members of the Service serving in connection with the affairs of any of the Constituent State shall be exercised by the Government of that State.
1712. Interpretation - If any question arises as to the interpreetation of these rules, the Central Government shall decide the same.
13. Repeal and saving - All rules corresponding to 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.
[No. 2/2/54-AIS(II), dated 8-9-1954]
3.THE INDIAN ADMINISTRATIVE SERVICE (RECRUITMENT) RULES 1954
In exercise of the powers conferred by subsection (1) of section 3 of the All-India Services Act, 1951 (LXI of 1951), the Central Government after consultation with the Government of the States concerned, hereby makes the following rules, namely:-
1. Short title:- These rules may be called the Indian Administrative Service (Recruitment) Rules, 1954.
2. Definitions- In these rules, unless the context otherwise requires,-
(a)"Commission" means the Union Public Service Commission;
(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 meaning respectively assigned to them in the Indian Administrative Service (Cadre) Rules, 1954;
2(c) [ ]
(d) " member of the Indian Civil Service" means a person who, having been appointed to the civil service under the Crown of India, known as the Indian Civil Service, continues, on and after the commencement of the Constitution to serve under the Government of India or of a State;
(e) "Service" means the Indian Administrative Service;
(f) "State" means [a State specified in the first Schedule to Constitution and includes a Union Territory;
(g) "State Civil Service" means:-
(i)for the purpose of filling up the vacancies in the Indian Administrative Service Cadre for the Arunachal Pradesh, Goa, Mizoram. Union Territories under rule 9, any of the following services, namely:-
a. the Delhi and Andaman and Nicobar Islands Civil Service;
b. the Goa Civil Service;
c. the Pondicherry Civil Service;
d. the Mizoram Civil Service
e. the Arunchal Pradesh Civil Service.
(ii) in all other cases, any service or services approved for the purpose of these rules by the Central Government, in consultation with the State Government , a member of which normally holds charge of a sub-division of a district for purposes of revenue and general administration or posts of higher responsibility;
(h) "State Government concerned", in relation to a a Joint Cadre, means the Joint Cadre Authority. 3. Constitution of the Service:- The Service shall consist of the persons recruited to the Service in accordance with the provisions of these rules.Government of India's Decisions under Rule 3
1. The lien in the parent cadres of I.C.S. officers permanently seconded to the I.F.S. should be permanently suspended and the officers given proforma promotion in higher ranks in the parent cadres whenever due. In the vacancies caused by the suspension of the liens of these officers appointments should be made on a provisionally substantive basis. Where such an officer is given substantive proforma promotion and confirmed in a super time-scale post in the cadre, while serving in the I.F.S. he would acquire a lien in the post to which he is promoted. Consequently the suspended lien in the lower post should be terminated and only the lien acquired in the higher post should be permanently suspended so that he does not hold liens on two posts at the same and the promoted officer holding the lower post on a provisionally substantive basis can be appointed to it in a substantive capacity.
[G.I. M.H.A. letter No. 8/8/62-AIS(II), dated 23/5/1963.]
2. An I.C.S. officer of the judiciary who has been holding an executive post intermittently between the date of commencement of the Constitution and the date of commencement of these Rules would not be eligible for a declaration that he is a member of the I.A.S. Likewise an I.C.S. officer of the judiciary , who has been holding an executive post intermittently before the date of commencement of these Rules and the commencement of the Constitution, who has later reverted to the judiciary, before the date of commencement of these Rules, cannot be declared to be member of the I.A.S.
[G.I. M/Law U.O. No. 14400/60-Adv.(A), dated 8/11/1956-M.H.A. F. No. 1/5/56-AIS-(I).]
4. Method of recruitment of 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;
(aa) Omitted.
(b) by promotion of a [substantive ] member of a State Civil Service;
[(c) by selection, in special cases from among persons, who hold in a substantive capacity gazetted posts in connection with the affairs of a State and who are not members of a State Civil Service.]
64 (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;
6
(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.[4(5) & 4(6) ]
Government of India's Decisions under Rule 4:
1.1. Under sub- rule (5), the Government of India have decided that appointment to the Joint I.A.S. cadre for the Union Territories of Delhi and Himachal Pradesh on its initial constitution shall be by one or more of the following methods:-
(i) by appointment of officers selected by the Special Recruitment Board, 1950/51 and included in List I and list II under the Extension to States Scheme who could not be appointed so far to the I.A.S. in the absence of an All India Service cadre in Himachal Pradesh and Delhi.
(ii) by transfer of I.A.S. officers from the cadres of the other States. Such transfers will, however, take place only with consent of the State Governments and the individual officers concerned;
(iii) by appointment of the candidates selected on the results of the I.A.S. (Special Recruitment) Examination, 1956;
(iv) by promotion of officers belonging to the Himachal Pradesh Civil Services of at least 8 year's seniority and such of officers under the Delhi Administration as have been holding substantive appointments of status comparable to that of a Deputy Collector under that Administration for a minimum period of 8 years;
(v) by direct recruitment from amongst the candidates declared successful as a result of the latest I.A.S. Competitive Examination conducted by the Union Public Service Commission.
1.2 Recruitment to the cadre after its initial constitution shall be made in accordance with the Recruitment Rules.
2.1 Under sub-rule (5), the Government of India have decided that appointment to the joint I.P.S. cadre for the Union territories of Delhi and Himachal Pradesh on its initial constitution 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 are at present holding the posts of Superintendents of Police and above; only officers holding appointment with eight years' seniority in the State or equivalent cadre will be 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.
2.2 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.
[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 belongs to such categories of persons as may, from time to time, be notified in this behalf by the Central Government).
[ ]
5(2) No person-
(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.
5(3) [ ]
5(4)[ ]
Government of India's Decision under Rule 5:
Under this rule, it is not necessary for a female officer to obtain the formal permission of the Government before marriage.
[G.I. M.H.A. letter No. 1/1/57-AIS(I), dated 6/2/1957.]
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 4.6(2) The initial appointment of persons recruited to the Service under clause (a) [ ] of sub-rule (1) of rule 4 shall be in the Junior time-scale of pay.
6(3) The initial appointments of persons recruited to the Service under clauses (b) and (c) of sub-rule (1) of rule 4 shall be in the senior time scale of pay.
6A- Appointment of direct recruits and officers recruited by selection from among Released Emergency Commissoned 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.
6A(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.
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 conclusion of the disciplinary proceedings,
(a) if he is exonerated fully and the period of suspension, if any, is treated as duty for all purposes, he shall be appointed 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, 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 the disciplinary proceedings not been instituted against him, he shall be given an opportunity to show cause against such action."
6A(3) Notwithstanding anything contained in subrule (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; who has passed the prescribed departmental examination or examinations.
(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 Decision under Rule 6A:
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 posts 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. 23/46/63-AIS(III)-Vo1. II, dated 29th March, 1966 and as such they will continue to be paid their pay in the senior time-scale of pay even under the introduction of rule 6A till they are actually appointed, to senior posts or the vacancies disappear, as the case may be.
[G.I., M.H.A. letter No. 23/46/63-AIS(III), dated 26/10/1966.]
7. Recruitment by competitive examination.
7 (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.
7 (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 State Governments.
7 (3) Appointments to the Service shall be subject to orders regarding special representation in the Service for Scheduled Castes and Scheduled Tribes and Other Backward Castes issued by the Central Government from time to time in consultation with the State Governments.Provided that the candidates belonging to the Scheduled castes or Scheduled Tribes or the 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.
7 (4) Candidates belonging to the Scheduled Castes or the Scheduled Tribes or Other Backward Classes declared by the Commission to be suitable for appointment to the Service with due regard to the maintenance of efficiency of administration may be appointed to the vacancies reserved for the candidates of the Scheduled Castes or the Scheduled Tribes or Other Backward Classes, as the case may be, under sub-rule (3).
Explanatory Note:- The provisions for reservation in respect of the Other Backward Classes for recruitment to the service was commenced from the year 1994 onwards and hence it is proposed to give retrospective effect to the provisions of sub-rule (3) of Rule 7 from the Ist day of January 1994. It is certified that by giving retrospective effect to the provisions of the sub-rule (3) of Rule 7, nobody is being adversely effected.
7A [deleted].
Government of India's Decisions under Rule 7:
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 recruitment quota but also the growth element to meet the anticipated expansion of this quota.
[G.I., M.H.A letter No.6/21/64-AIS(I), dated 7/9/1964].
8. Recruitment by promotion or selection for appointment to State and Joint Cadre:-(1) The Central Government may, on the recommendations of the State Government concerned and in consultation with the Commission and in accordance with such regulations as the Central Government may, after consultation with the Sate Governments and the Commission, from time to time, make, recruit to the Service persons by promotion from amongst the [substantive] members of a State Civil Service.
8(2) The Central Government may, in special circumstances and on the recommendation of the State Government concerned and in consultation with the Commission and in accordance with such regulations as the Central Government may, after consultation with the State Government and the Commission, from time to time, make, recruit to the Service any person of outstanding ability and merit serving in connection with the affairs of the State who is not a member of the State Civil Service of that State [but who holds a gazetted post in a substantive capacity].
8(3) (a) Where a vacancy occurs in a State Cadre which is to be filled under the provision of this rule, the vacancy shall be filled by promotion of a member of the State Civil Service or, as the case may be, by selection of any other officer serving in connection with the affairs of that State.
(b)Where a vacancy occurs in a Joint Cadre which is to be filled under the provision of this rule, the vacancy shall, subject to any agreement in this behalf, be filled by promotion of a member of the State Civil Service of any of the States constituting the group of as the case may be, by selection of any other officer serving in connection with the affairs of any such State(S).
Government of India's Decisions under Rule 8:
1. An officer belonging to a State judicial Service recommended for appointment under this rule shall be appointed only after obtaining the consent of the concerned High Court.
[G.I., M.H.A. letter No. F. 5/2/55-AIS(I), dated 29/12/1955.]
[G.I., M.H.A. letter No. F. 13/10/57-AIS(II), dated 14/8/1958.]
9.Number of persons to be recruited under rule-
9. (1) The number of persons recruited 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 training reserve in relation to that State or to the group of states, in the schedule to the Indian Administrative Service (Fixation of cadre strength) Regulations, 1955:
Provided that the number of persons recruited under sub-rule (2) of the rule 8 shall not at any time exceed fifteen per cent of the number of persons recruited under rule 8.
Explanation: For the purpose of calculation of the posts under this sub-rule, fractions, if any, are to be ignored.
9(2) Notwithstanding anything contained in this rule, in relation to the State of Jammu and Kashmir, the number of persons recruited under sub-rule (1) shall not upto 30th April, 2002, exceed at any time, fifty 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 in the schedule to the Indian Administrative Service (Fixation of cadre strength) Regulations, 1955.
9(2A) & 9(3)
Government of India's Decision under Rule 9:
[G.I., M.H.A. letter No. F. 1/2/62-AIS(I), dated 26/9/1962.]
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 to 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:
[ No. 3/1/75-AIS(II), dated 8-9-1954 ].
6. INDIAN ADMINISTRATIVE SERVICE (APPOINTMENT BY SELECTION) REGULATIONS, 1997
In exercise of the powers conferred by section 3 of the All India Services Act, 1951 (61 of 1951) and in pursuance of sub-rule (2) of rule 8 of the Indian Administrative Service (Recruitment) Rules, 1954, and in supersession of the Indian Administrative Service (Appointment by Selection) Regulations, 1956, except as respects things done or omitted to be done before such supersession, the Central Government in consultation with the State Governments and the Union Public Service Commission, hereby makes the following regulations, namely:-
1. Short title and commencement.- (1) These Regulations may be called the Indian Administrative Service (Appointment by Selection) Regulations, 1997.
(2) They shall come into force on the first day of January, 1998.
2. Definitions:- In these regulations, unless the context otherwise requires,-
(a)"Committee" means the Committee as constituted under regulation 3 of the Indian Administrative Service (Appointment by Promotion) Regulations, 1955;
(b)"Promotion Regulations" means the Indian Administrative Service (Appointment by Promotion) Regulations, 1955;
(c)"Recruitment Rules" means the Indian Administrative Service (Recruitment) Rules, 1954; and
(d) Words and expressions used herein and not defined but defined in the Indian Administrative Service (Recruitment) Rules,1954, and Indian Administrative Service (Appointment by Promotion) Regulations, 1955, shall have the meanings respectively assigned to them in those Rules and Regulations.
3. Determination of vacancies to be filled: - The Central Government shall, in consultation with the State Government concerned, determine the number of vacancies for which recruitment may be made under these regulations each year. The number of vacancies shall not exceed the number of substantive vacancies, as on the first day of January of the year, in which the meeting of the Committee to make the selection is held.
4. State Government to send proposals for consideration of the Committee.- (1) The State Government shall consider the case of a person not belonging to the State Civil Service but serving in connection with the affairs of the State who,
(i) is of outstanding merit and ability; and
(ii) holds a Gazetted post in a substantive capacity; and
(iii) has completed not less than 8 years of continuous service under the State Government on the first day of January of the year in which his case is being considered in any post which has been declared equivalent to the post of Deputy Collector in the State Civil Service and propose the person for consideration of the Committee. The number of persons proposed for consideration of the Committee shall not exceed five times the number of vacancies proposed to be filled during the year:
Provided that the State Government shall not consider the case of a person who has attained the age of 54 years on the first day of January of the year in which the decision is taken to propose the names for the consideration of the Committee:
Provided also that the State Government shall not consider the case of a person who, having been included in an earlier select list, has not been appointed by the Central Government in accordance with the provisions of regulation 9 of these regulations.
5. Preparation of a list of suitable Officers by the Committee.- The Committee shall meet every year to consider the proposal of the State Government made under regulation 4 and recommend the names of the persons, not exceeding the number of vacancies to be filled under regulation 3, for appointment to the Service. The suitability of a person for appointment to the service shall be determined by scrutiny of service records and personal interview:
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 recruitment of persons under sub-rule (2) to rule 8 read with proviso to sub-rule (1) to 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 recruitment under sub-rule (2) of rule 8 read with proviso to sub-rule (1) to rule 9 of the recruitment rules; or
(c) the Commission, either on its own or on a proposal made by the Central Government or the State Government, considers that it is not practicable to hold a meeting of the Committee during the year, in the facts and circumstances of each case.
Explanation:- In case of Joint Cadres, a separate select list shall be prepared in respect of each constituent having a State Civil Service.
6. Consultation with the Commission.-
(1) The recommendations of the Committee made under regulation 5 shall be placed before the State Government concerned which shall forward the same to the Commission for approval along with
(i) the confidential records of the officer concerned; and
(ii) the observations, if any, of the State Government and the recommendations of the Committee.
(2) The State Government shall also forward the recommendations of the Committee and its observations, if any, to the Central Government. The Central Government shall forward their observations, if any, on the recommendations of the Committee, to the Commission.
7. Preparation of select list by the Commission.- (1) The Commission shall consider the list prepared by the Committee, the observations, if any, of the Central Government and the State Government concerned on the recommendations of the Committee and approve the list subject to the provisions of sub-regulation (2) which shall be termed as a select list.
(2) If the Commission considers it necessary to make any amendment in the list, it shall consult the Central Government and the State Government concerned and after taking into account the comments, if any, of the Central Government and the State Government concerned, may approve the list with such amendments, if any, as are in its opinion, just and proper.
8. Appointment to the Service from the select list.-
(1) Appointment of persons who are included in the select list, and are willing to be appointed to the Service, shall be made by the Central Government, within a period of sixty days, in the order in which the names of such persons appear in the select list:
Provided that the appointment of persons who are included in the select list shall be made in accordance with the agreement arrived at under clause (b) of sub-rule (3) of rule 8 of the recruitment rules in the order in which the names of such persons appear in the relevant parts of the select list:
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 end of the year in which the meeting of the Committee is held to prepare the select list or within sixty days of the date of the letter conveying his expression of unwillingness to be appointed to the Service whichever is later, revoking his earlier expression of unwillingness for appointment to the Service.
9. Power of the Central Government not to appoint in certain cases.-
Notwithstanding anything contained in these regulations, the Central Government may not appoint any person whose name appears in the select list, if it is of the 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 and without recording the reasons therefor.
|
THE INDIAN ADMINISTRATIVE 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), theCentral Government, after consultation with the Governments of theState concerned hereby makes the following rules, namely:-
1. Short title.- These Rules may be called the Indian Administrative Service (Probation) Rules, 1954.
2. Definitions.- In these rules, unless the context otherwise requires,-
(a) `Academy' means Lal Bahadur Shastri National Academy of Administration;
(b) `Commission' means the Union Public Service Commission;
(c) `Director' means the Director of the Academy;
(d) `Period of probation' in relation to a probationer means the period of prabation specified in rule 3;
(e) `Probationer' means a person appointed to the Service on probation;
(f) `Schedule' means a Schedule appended to these rules;
(g) `Service' means the Indian Administrative Service;
(h) `State' means the State to which a probationer is allotted or deputed for practical training;
(i) `State Government' means the Government of the State to which a probationer is alloted or deputed for practical training and in relation to a probationer allotted to a Joint Cadre, the Joint Cadre Authority.
3. Period of Probation
3(1) Every person recruited for the service in accordance with the Indian Administrative Service (Appointment by Competitive Examination) Regulations, 1955, shall be appointed to the Service on probation for a period of two years.
(ii) Clause (a) regulation 3 of the Indian Administrative Service (Special Recruitment) Regulations, 1956;
3(2) Every person recruited to the Service in accordance with-
(i) the Indian Administrative Service (Appointment by Promotion) Regulations, 1955 or
(ii) the Indian Administrative Service (Appointment by Selection) Regulations, 1956.
(iii) Omitted
shall be appointed to the Service on probation for a period of one year:
Provided that in the case of any person recruited to the Service in accordance with the Indian Administrative Servive (Appointment by Promotion) Regulations, 1955, any period for which he has been appointed to 5 a cadre post may, having regard to his performance in such post be counted towards the period of probation;5 Provided further that the Central Government may, in exceptional circumstances of any case, after consulting the Commission, reduce the period of probation.
53(3) The Central Government may, if it so thinks fit, in any case extend the period of probation for a period of one year.
53(3A) Notwithstanding anything contained in sub-rule(3) if during the period of probation a probationer is placed under suspension pending investigation, inquiry 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;
3(4) In this rule, `cadre post' has the same meaning as in clause (b) of rule 2 of the Indian Administrative Service (Cadre) Rules, 1954.
3-A. 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.
4. Execution of agreement.-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 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:
5Provided that the provisions of this rule shall not apply to probationers appointed to the Service in accordance with the Indian Administrative Service (Appointment by Promotion) Regulations, 1955 or the Indian Administrative Service (Appointment by Selection) Regulations, 1956
75 Training.-5(1) A probationer referred to in sub-rule (1) of rule 3 shall, on appointment to the Service, undergo such training in the Academy and the State for such period as the Central Government may direct:
5(2) 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 Administrative Service (Appointment by Promotion) Regulations,1955 or sub-regulation (5) of regulaton 3 of the Indian Administrative Service (Appointment by Selection) Regulations, 1956 before such appointment, shall undergo such training in the Academy, the State training institutions and other established training institutions in the country for such period as the Central Government may consider necessary.
85(3) The provisions of rules 6 to 9 shall not apply to a probationer referred to in sub-rule (2).
[ ]
76. Record in Academy:-6(1) A probationer under training shall attend such lectures and undergo such examinations, tests and exercises as the Director or the State Government, as the case may be, may from time to time direct.
6(2) At the end of the period of training, the Director shall assess the record in the Academy and in the State, of such probationer by awarding him such number of marks out of a maximum of 900 marks in accordance with such instructions as may be issued by the Central Government in this behalf;
57. Final Examination:- Every probationer shall during the course of training appear at a final examination to be conducted by the Director in accordance with such regulations as the Central Government may, in consultation with State Governments and the Commission from time to time, make;
58. 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."
59. 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 this 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 Probationers
10(1) The Central Government shall prepare a list of all probationers who are recruited to the Service under sub-rule (1) of Rule 3 and are assigned the same year of allotment. Such list shall be arranged in order or merit, which shall be determined in accordance with the aggregate marks obtained by each probationer:-
(a) at the competitive examination;
(b) in respect of his record in the Lal Bahadur Shastri National Academy of Administration and in the State; and
(c) at the final examination, or the special examination in the circumstances mentioned in Rule 8.
Provided that in determining such order of merit no account shall be taken of marks awarded to a probationer in any subject in which he has failed to satisfy the Director:
Provided further 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.
10(2) The seniority inter-se of the probatiners who are assigned the same year of allotment, shall be determined in accordance with the list prepared under sub-rule (1).
10(3) The provisions of sub-rule (1) and (2) shall not apply to probationers appointed to the Service in accordance with the Indian Administrative Service (Special Recruitment) Regulations, 1956, and rule 7A of the Indian Administrative Service (Recruitment) Rules, 1954.
11. Discipline and Conduct:-11(1) while at the Academy, a probationer shall be under the disciplinary control of the Director and shall obey any such general and special orders as may be given by him from time to time.
11 (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.
1412. Dicharge of a probationer: A 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-
12 (a) he fails to pass the re-examination under rule 9; or.
12 (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
12 (c) in the opinion of the Central Government he has wilfully neglected his probationery studies or duties; or
12 (d) he is found lacking in qualities of mind and character needed for the Service; or
12 (e) he fails to comply with any of the provisions of these rules.
Provided that except in a case falling under clause (a) above, the Central Government shall hold a summary enquiry before passing an order under these rules.
13. Salary during the period of probation.- 13(1) A person referred to in clause (i) of 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:
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 supended 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.
13(2) A person referred to in clause (iii) of 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.
13(3) A person referred to in clause (ii) of sub-rule (1) and clause (iii) 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.
13(4) A person referred to in clause(i) or clause (ii) 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 Adminstrative Service (Pay) Rules 1954 18and also draw increments which may be due to him.]
1914. Travelling allowance.- 14(1) A probationer shall be entitled to travelling allowance for the journeys which he may undertake,-
(i) during the period of his training at the Academy, and
(ii) in connection with his practical training in the State, on the same scales as may be admissible to a member of the Service on tour under the All India Services (Travelling Allownances) Rules, 1954.
14 (2) A probationer shall not be entitled to any daily allownace during his halt at the Academy or at various places to which he may be posted in the course of his practical training in the State.
14 (3)(a) 20In respect of the journey from the Academy to the State on completion of the first phase of training a probationershall, in addition to travelling allowance on the same scale as admissible under sub-rule (1), be also entitled to an ad-hoc transfer grant of Rs. 100 and joining time as on transfer.
(b) In respect of the journey from the State to the Academy for the second phase of training, a probationer shall, in addition to travelling allowance on the same scale as admissible under sub-rule (1), be also entitled to an ad-hoc transfer grant of Rs. 300/-;
Provided that, where a probationer has a family, which term shall denote the same meaning as applicable for purposes of travelling allowance in the case of officers belonging to Central Service Class I, he shall, in addition, be entitled in respect of the journey mentioned in this clause to the reimbursement of actual railway fare not exceeding that of first class for each member of his family for the distance beyond 400 KM from the place of his last posting in the
State to his/her home town or that for the distance beyond 400 KM from the said place of posting to the Academy, whichever is less.
14(4) In respect of the journey from the Academy to the State on completion of the second phase of training, a prabationer shall be entitled to such travelling allowance as may be admissible to a member of the Service on tour 19 as well as joining time as on transfer and,where a probationer has a family, which term shall denote the same meaning as assigned to it in the proviso to clause (b) of sub-rule (3) he shall, in addition , be entitled to the reimbursement of actualrailway fare not exceeding that of first class for each member of his family for the distance beyond 400 KM from his/her home town to the place of his posting, or that for the distance beyond 400 KM from the Academy to the place of posting, whichever is less:
Provided that, where a probationer is posted to a place other than that from which he had undertaken the journey mentioned in clause (b) of sub-rule (3), he shall be entitled in respect of himself and his 18[family to joining time and travelling allowance as may be admissible to a member of the Service on transfer].
15 Saving.- Nothing in these rules shall be construed as limiting the power of the Central Government, for good and sufficient reasons, to dismiss or remove at any time a probationer from the service.
16.Interpretation.- If any question arises as to the interpretation of these rules, the Central Government shall decide the same.
17.Repeal.- 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 repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.
Govt. of India Decisions
Government of India's Decisions Under Rule 3
1. The amended rule takes effect from the 5th June, 1961, but the period of probation shall be two years even in the case of candidates appointed on the 1st June, 1961, on the basis of the combined competitive examination held in 1960, as, in their offiers of appointment, two years, probation had been indicated.
[G.I., M.H.A. letter No. 2/1/61-AIS(I), dated 11th September, 1961.]
2. Under the first proviso to sub-rule(2), only the officiating service in a cadre post after the inclusion of the 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 Notification No. 16/28/65-AIS(III), dated 17th January, 1967.]
Government of India's Decisions: Under Rule 3A
1. 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.
[G.I. MHA letter No. 11/2/57-AIS(I), dated 20/9/1957.
3.1 Delay in the Confirmation of probationers results in non-drawals of increments by them on due dates vide Rule 13.
Z
3.2 The State Government should, therfore, endeavour to forward assessment reports, as soon as the probation period of the probationer is over and in any case not later than six weeks after the last date of the probationery period with their recommendations.
[G.I., M.H.A. letter No. 23/2/64-AIS(III), dated 4th June, 1964.]
4. Confirmation of a probationer after completion of the period of probation is not automatic but is to be followed by formal orders.
[G.I. M.H.A.letter No.16/3/65-AIS(I), dated 4th July, 1965.]
Government of India's Decisions under Rule 10.
1. It has been decided that, where for reason beyond his control and for no physical or intellectural 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.
[G.I. M.H.A. letter No. 3/16/58-AIS(II), dated 19/2/1958.]
2. 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.
[G.I., MHA F.No. 18/18/65-AIS(I).]
Government of India's Decisions Under Rule 13:
1. A doubt has been raised whether an I.P.S. probationer, on appointment to one of the posts specified in Schedule III to the I.P.S. (Pay) Rules, 1964 can be allowed to draw the pay indicated for the post in the said schedule.
2. The I.P.S. (Probation) Rules, 1954, deal with all matters in relation to the I.P.S. probationer to the extent specified therein. Salary during the period of probation is one of the matters provided for in these rules. The special provision in the Probation Rules would prevail over the other general provisions in the other rules, including the IPS(Pay) Rules, 1954 so long as a person is on probation. On this principle, a probationer if appointed to a post in a post included in Schedule III to the IPS (Pay) Rules, 1954, would not get anything more than what he is entitled to as a probationer because his status as probationer is not in any way affected by the post which he holds from time to time.
This applies to the Indian Administrative Service and the Indian Forest Service also.
[MHA letter No. 22/2/70-AIS(III), dated 14/4/70.]
3. Although sub-rule (3) is silent about increments, promoted officers are to be allowed during the period of probation, increments from the dates on which they accrue.
[G.O.I. M.H.A. letter No. 2/1/61-AIS(I), dated 11/9/61, read with letter No. 9/20/71-AIS(III), dated 23/1/71.]
[SCHEDULE [See Rule 4]
To
The President of India
Whereas I, 22 a probationer in the Indian Administrative Service (hereinafter referred to as "the probationer") being entitled [subject to compliance with the Indian Addministrative 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 probationers, and 22(hereinafter referred to as "the surety") jointly and severally, 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.
23Stamp 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
whose signature is appended to the above agreement as surety, do hereby declare that I am
24(a) in the permanent service of the Government of or
24(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 the 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 withness
Address
Occupation
[No. 4/1/54-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 Adminstrative 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 late 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 Administrative Service should be dicharged 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 probaton for 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 probationer's 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 enabiling the Central Government to take a prompt decision in each case, the assessment report in the prescribed form, covering the period of practical training in the state should be sent to the Department of Personnel and Administrative Reform immediately after the training is over.
(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 the 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 variety of experience on land tenures, agricultural practices, dapartmental progarmmes as well as problems relating to law and order, industrial unrest and welfare.
(vi) The utilised of the practical raining will, to a great extent, depend on the choice of the Collectors to whom the probationers are attached. Unless the Collectors give proper guidance to the probationers, the probationers will not benefit from the training. Great care should, therefore, be exercised in selecting the Collectors to whom the probationers are attached. The Collectors 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 facilties 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.
[Deptt. of Personnel letter No. 22/3/71-AIS(III) dated 1/7/72.]
[Copy of DP&T letter No. 11037/6/87-AIS(III), dated 2/2/88.]
[In superession of MHA letter No. 16/3/69-AIS(III), dated 24/6/70.]
In view of the comprehensive amendments that have been carried out in the IAS(Probation) Rules vide this Department's Notification No. 11037/3/86-AIS(III), dated 25/8/86 and revision in the CR format of IAS officers, it has been decided in consultation with UPSC to revise the format of Assessment Report in respect of the IAS probationers. The revised proformae (one for Direct recruits and one for Promotees) are enclosed. It is requested that in future the assessment reports may be furnished in the revised proformae.
(viii) Instances have been brought to the notice of Government of IAS Lady Probationers conceiving during their training period leading to disruption of their training schedule on account of their inability to take up classes and examinations, specially in items like village visit, trek, P.T. and Horse Riding etc. Representations for exemption are often received from probationers on this account.
2. There is need for stricter discipline and ensuring that the training of probationers is completed in time, in their own interest. It is, therefore, essential that lady IAS Probationers take necessary precautions to ensure against conception during their training period.
3. In view of the above, in the interest of timely completion of the training of Lady IAS Probationers, as well as in the interest of their health and the health of the offspring, it has been decided that:
i) Lady IAS Probationers should take all possible care/precautions to ensure against conception during their training period.
ii) It will be obligatory on the part of the lady IAS Probationers to inform the Director, LBSNAA in case they conceive during the period of their training in the Academy.
iii) The Director, LBSNAA, will not allow such probationers who conceive during their training at the Academy, to continue with their training.
iv) Such probationers will be allowed to complete the remaining part of their training, after one year, along with the batch that may be under training at the Academy at that time. Their training will recommence from the beginning of the phase during which it was discontinued originally (e.g., FC 1st or 2nd phase training in LBSNAA/District Training as the case may be).
4. The period of absence from training will be treated as extra ordinary leave as provided for in Rule 15 of the AIS (Leave) Rules, 1955 except for the period which can be treated as maternity leave as provided for in Rule 18 of AIS (Leave) Rules, 1955 and the period of probation will be extended accordingly. This will, however, not affect the seniority of the probationers in the IAS.
5. Director, LBSNAA may suitably inform all lady probationers on their joining the Academy.
[DP&T O.M. No. 11037/15/93-AIS(III) dated 3rd Dec., 1993.]
ASSESSMENT FORM FOR PROBATIONERS IN I.A.S.
(FOR DIRECT RECRUITS)
PART I (FACTUAL)
1. Name :
2. Date of Birth :
3. Year of allotment :
4. Period of Probation :
5. Date of commencement of probation
i.e. (date of joining) :
6. Due date of termination of probation :
7. Date of Termination of probation :
8. Extension, if any, with particulars. :
9. No. of days of leave
taken during Probation :
10. Previous Service if any
prior to joining the IAS :
Assessed by: Dated:
Approved by: Dated:
PART II
ASSESSMENT OF PERFORMANCE FOR FOUNDATIONAL COURSE/PHASE I
1. State of Health :
2. Mental Capacity :
(a) Efforts made of acquire
knowledge relevant to job :
(b) Analytical ability :
(c) Power of Comprehension :
3. Communication Skill :
(a) Power of Expression
(i) Oral
(ii) Written
(b) Ability to participate in discussions and seminars :
4. Participation in class (Please comment on interest in work,punctuality, thoroughness and whether methodical and orderly etc.)
5. Participation in Sport and Co-curricular activity :
6. Performance during village visit Programme :
7. Performance during the Trek :
8. Marks obtained in the Foundational Course Examinations Phase I :
(a) Participation in class
(b) Participation in Sports and Co-curricular activities :
(c) Performance during
(i) Army attachment :
(ii) Attachment in Public Sector Undertaking :
(iii)Attachment with voluntary agencies :
(iv) Tribal/village visit :
(v) Parliamentary attachment:
9. Inter-personal relations and team work : (Please comment on quality of relationship with superiors and colleagues, ability to appreciate each others point of view and also on capacity to work as a member of a team and to promote team-spirit).
10. General Comments (general appraisal of the Officer's good and bad qualities in narrative form particularly those related to character, integrity and ability to correct himself when faults are pointed out.)
Signature :
Designation :
Remarks of the Reviewing officer :
Brief remarks indicating that assessment of the Reporting Officer may be accepted or rejected or otherwise modified
Signature of the Reviewing Officer :
Designation :
Training in the State
Performance during the District Training
1. Efforts made to acquire knowledge relevant to the job :
2. Power of Comprehension :
3. Spirit of Enquiry :
4. Quality of output :
5. Work habits and attitude :
(i) Initiative :
(ii) Self-reliance :
(iii) Thoroughness :
(iv) Resourcefulness :
(v) Interest in work :
(vi) Punctuality :
(vii) Whether methodical and orderly :
6. Stability :
(i) Poise :
(ii) Fairness :
(iii) Dependability :
7. Whether independent charge was given and if so :
(a) Decision making ability :
(b) Ability to evaluate projects or schemes :
(c) Ability to plan and programme :
(d) Quality of judgement :
8. Efforts made to acquire sufficient knowledge of local languages:
9. Knowledge of revenue and other local laws for the time being in force.
10. Performance in State Training Institute.(where applicable)
11. Efforts made to imbibe the ethos and culture of the Stateof allotment.
12. General comments (General appraisal of the officer's good and bad qualities in narrative form particularly those related to character,integrity and ability to correct himself when faults are pointed out).
Signature :
Designation :
REMARKS OF THE REVIEWING OFFICER :
Brief remarks indicating that assessment of the Reporting
Officer may be accepted or rejected or otherwise modified.
Signature of the Reviewing officer :
Designation :
REMARKS AND RECOMMENDATIONS OF THE REVIEWING BOARD/COMMITTEE
Recommendation whether the probationer :
1) Is fit for retention/confirmation :
2) Should be watched for another -----------months (handlist
what improvements are required in the probationer).
or
3. Should be discharged from Government service (here give
reasons for recommending this course of action).
OVERALL GRADING FOR DUTIES
1) Outstanding 2) Very good 3) Good.
4) Satisfactory with some shortcomings.
5) Not satifactory.
( Please put a ring round the appropriate grading)
Signature of Chairman:
Reviewing Board/Committee:
Orders of the Head of Department of
the Administration/Controlling
or the Administering/Controlling
Department/Ministry.
............
Signature of Head of Deptt.
Administering Controlling
Department/Ministry.
:-----:
ASSESSMENT OF PERFORMANCE FOR THE PHASE II TRAINING.
1. Quality of District assignments :
2. Participation in District experience presentation :
3. Participation in class/Groups syndicate sessions and seminars :
4. Participation in co-curricular activities :
SIGNATURE :
DESIGNATION :
REPORTING AUTHORITY
REMARKS OF THE REVIEWING OFFICER :
Brief remarks indicating that assessment of the Reporitng
Officer may be accepted or rejected or otherwise modified.
Signature of the Reviewing Officer
Designation :
ASSESSMENT FORM IN RESPECT OF OFFICERS
APPOINTED BY PROMOTION / SELECTION
PART I (FACTUAL)
Name :
Date of Birth :
Service/Department:
Post held :
(a) Record of Training Institute attended, if any (for officers
under-going formal training)
(b) Nature of duties on which he has been employed e.g.
Duties requiring public relations and field work. Formulation
of plans, general direction and execution thereof.
Secretariat work of general nature, Supervision and control
of subordinate staff.
(Please list the above duties in order of importance)
Note
In the case of officers undergoing formal training at the
National Academy of Administration, please state in brief, the
duties/activities, in which they were expected to participate
outside the class room.
Experience priorto Appointment
on probation :
Period of probation/trial ends on:
Number of days Leave
(other than casual leave and
Special Casual leave). :
Assessed by : Dated
Approved by : Dated
PART II
1. State of Health :
2. Mental Capacity :
(a) Efforts made to acquire
knowledge relevant to job :
(b) Analytical ability :
(c) Power of Comprehension:
3. Work habits and attitude :
(a) Self reliance :
(b) Thoroughness :
(c) Resourcefulness :
(d) Punctuality :
4. Quality of output :
5. Decision making ability :
6. Communication skill :
(a) Power of expression
(i) Oral
(ii) Written
(b) Ability to participate in discussions and Seminars :
7. Inter-personal relations and team work; (Please comment on quality of relationship with superiors and colleaques, ability to appreciate each others point of view and also on capacity to work as a member of a team and to promote team-spirit).
8. Relations with public: (Please comment on the officer's accessibility to the public and responsiveness to their needs).
9. Stability :
(a) poise :
(b) Fairness :
(c) Dependability :
10. Ability to manage:
11. Knowledge of relevant laws and rules and regulations in the work entrusted to the officer.
12. Performance during training :
13. General comments (general appraisal of the officer's good and bad qualities in narrative form particularly those related to character,integrity and ability to correct himself when faults are pointed out)
Remarks of the Reviewing Officer :
Brief remarks indicating that assessment of the Reporting Officer may be accepted or rejected or otherwise modified
Signature of the Reviewing Officer:
Designation :
REMARKS AND RECOMMENDATIONS OF THE REVIEWING BOARD/COMMITTEE
Recommendation whether the probationer :
1) Is fit for retention/confirmation
2) Should be watched for another---------months (here list what
improvements are required in the probationer)
or
3) May be tried for some other post (where such a course is
permissible under the relevant recruitment rules.)
or
4) May be reverted to his substantive post (here give
reasons for recommending this course of action)
or
5) Should be discharged from Government service (here give
reasons for recommending this course of action).
OVERALL GRADING FOR DUTIES
1) Outstanding 2) Very Good 3) Good
4) Satisfactory with some shortcomings.
5) Not satisfactory.
(Please put a ring around the appropriate grading).
Signature of Chairman :
Review Board/Committee
Orders of the Head of Deparment of
the Administering/Controlling
Department/Ministry
...............
Signature of Head of Deptt.
or Administering Controlling
Department/Ministry.
[Copy of Cab. Sectt. letter No.22/1/70-AIS(III), dated 16/9/70.]
I am directed to invite a reference to the Ministry of Home Affair' letter of even number dated the 4th May, 1970 on the above subject, and to say that the Government of India have since decided that the proforma prescribed in the Ministry of Home Affairs' letter No. 16/3/69-AIS(III), dated the 24th June, 1970,shall be adopted for writing the assessment reports of probationers recommended for confirmation in the IAS/IPS.
[Copy of Cab. Sectt. letter No. 16/3/69-AIS(III), dated 15/9/71.]
Reference letters No. 68/69-AIS(I), dated the 22nd October, 1969 and No. 16/3/69 AIS(III), dated the 24th June, 1970 of the Ministry of Home Affairs and to say that clarifications have been sought by some State Governments on the following points:-
(a) During the first five years of Service, members of the Indian Administrative Service and the Indian Police Service are posted at different stations under different district officers. Should assessment reports on their work be obtained from all the district officers, Divisional Commissioners etc. under whom they were posted?
(b) Should assessment reports be prepared on all the persons recruited to the Indian Administrative Service and the Indian Police Service on the basis of competitive Examination since 1948?
(c) A column "Remarks and recoomendations of the Reviewing Board/Committee" figures in the assessment report. What should be the composition of the Board/Committee?
(d) Should the assessment reports be prepared at the end of each calendar year or financial year?
(e) Should the assessment reports cover a full period of five years?
2. The matter has been considered by the Government of India in consultation with the Union Public Service Commission and it has been decided as follows:
(a) The assessment reports may be written by the authorities who write the annual confidential reports.
(b) Reports on the persons recruited on the basis of the combined competitive examination held in 1956 and after, for the first five years of their service, may be prepared and sent to the Union Public Service Commission in the following manner:-
(i) reports for the year 1969 and onwards may be got recorded in the proforma prescribed in letter No 16/3/69-AIS(III) dated the 24th June, 1970 of the Ministry of Home Affairs.
(ii) where assessment reports for the previous years have already been recorded but have not been sent to the Union Public Service Commission, they may now be sent to them; and
(iii) where such assessment reports have not been recorded in the previous years,copies of the relevant annual confidential reports may be sent.
(c) The Board/Committee may comprise the following namely:
INDIAN ADMINISTRATIVE SERVICE
(1) Chief Secretary.
(2) Financial Commissioner (The most senior among the holders of the posts of Financial Commissioner, where there is more than one) or the Chairman, Board of Revenue or the Secretary to the State Government in the Revenue Department.
(3) Development Commissioner or the most senior among the holders of the posts carrying pay above the time scale of pay, other than those at (1) and (2) above.
INDIAN POLICE SERVICE:
(1) Home Secretary.
(2) Inspector General of Police.
(3) The most senior among the holders of the posts of Deputy Inspectors General of Police.
(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.
3. These decisions may please be noted by the State Governments.
[Copy of letter No. 16/33/69-AIS(III), dated 8/8/72.]
Reference paragraph 2(b) of this Department's letter of even number dated the 15th September, 1971; according to which the State Governments were required to furnish, to the Union Public Service Commission, the assessment reports on the members of the Indian Administrative Service and the Indian Police Service recruited on the basis of the combined competitive examinations held in 1956 and thereafter for the first five years of service.
2. Some of the State Governments pointed out that a lot of difficulty is involved in the preparation of copies of the assessment reports for so many years. The matter has been examined in counsultation with the Union Public Service Commission. It has now been decided that only the assessment report in respect of the officers recruited on the basis of the examinations held in 1969 and thereafter need be sent to the Union Public Service Commission in the proforma prescibed in letter No. 16/3/69-AIS (III) , dated the 24th june, 1969, of the Ministry of Home Affairs.
[Copy of DP & AR letter No.22/4/70-AIS(III), dated 28/1/74.]
I am directed to state that the Government of India have been considering, in conultation with the Governments of the States etc. the question of evolving a purely voluntary scheme for the grant of financial incentives to the members of the All India Services to learn a language, other than Enligh, Hindi, Sankrit, the mother-tongue and the principal official language of the State of allotment. A draft of the scheme was circulated alongwith this Department's letter of even number, dated the 28th August, 1972. The draft scheme has been modified after taking into account the various suggestions received from the State Governments etc. and a copy of the scheme so finalised is enclosed.
2. The Governments of Assam, Karnataka and Kerala have not agreed to participate in the scheme. However, the Government of Kerala have agreed to arrange to hold the examination in Malayalam for officers belonging to other State cadres. No reply has so far been received from the Government of Jammu & Kashmir. Efforts are being made to persuade the Governments of Assam and Karnataka to agree to similar arrangements, and to obtain the concurrence of the Government of Jammu & Kashmir to the scheme, failing which alternative arrangements for holding the examinations in Assamese, Kashmiri and Kannada will be made by the Central Government through the Lal Bahadur Shastri National Academy of Administration, Mussoorie.
3. I am, therefore, to request that immediate steps for implementing the scheme, as modified, may kindly be taken by all concerned, under intimation to this Department.
Enclosure to Deptt. of Personnel & A.R. Letter No. 22/4/70-AIS(II), dated 28/1/1974.
Scheme for the grant of financial incentives to the members of the All India Services to learn a language, other than English, Hindi, Sanskrit, the mother-tongue and the principal official language of the State of allotment.
1. The scheme shall apply to all the languages mentioned in the Eighth Sechedule to the Constitution of India and the subsidiary language(s) adopted by the State Governments for all or any official purposes of the State, under Article 345 of the Constitution of India, except English, Hindi Sanskrit, the mother-tongue of the members of the All India Service concerned and the principal official language of the State to which he is allocated.
1.1 In addition to the languages referred to in paragraph 1, the scheme shall apply to Manipuri language also.
1.2 A member of the Service allocated to the Union Territories Cadre shall be eligible for an award, subject to other conditions of the scheme, if he passes an examination in any of the languages of the Union Territories other than Hindi, i.e. Assamese, Malayalam, Marathi, Mizo, Tamil and Urdu. Provided it is neither his mother-tongue nor the language in which he has passed the qualifying test as part of the Probationers' Final Examination.
2. The Government of States, on cadre of which the member of the Service is borne, shall give a cash award of Rs.1000 to a member of an All India service who passes an examination in one of the languages referred to in paragraph 1 above with a minimum of 60% marks in the first attempt.
2.1 The cash award shall be given only once to a member of the Service.
2.2 The Cash award shall be admissible to a member of the service only if he passes the examination within a period of ten years from the date of his appointment to the service.
3. The Government which shall be responsible for the setting and the evaluation of the papers in the various languages are as shown in Annexure-I.
4. The Standard of the examination shall be the same as that of the departmental examination.
5. Where an oral test has been prescribed in the departmental examination referred to in paragraph 4, the State Government on whose cadre the member of the Service, who wishes to take the language examinnation, is borne shall, in consultation with the State Government concerned with the language, decide whether the oral test may be given through an officer knowing that language in the former State or by sending the officer either to the capital of the latter State or to a place where such test is to be conducted.
6. Where a member of the Service wishes to avail himself of the Scheme, he shall inform the Chief Secretary to the Government of the State on the cadre of which he is borne about the particular language in which he proposes to take the examination. The Chief Secretary to the Government of the State which is concerned with that language (as shown in column 2 of the Annexure I) will thereupon be required to forward the question papers set for the departmental examintioan in the concerned language to the Chief Secretary to the Government of the State on the cadre of which the member of the Service is borne, who shall make the necessary arrangements for holding the examination.
7. The examination shall be held on the same day on which the departmental examination in the language is held by the State Government responsible for the setting and the evaluation of the papers.
8. The answer books(s) shall be sent to the Chief Secretary of the State Government concerned with the language for evaluation. The result shall be communicated by the State Government to the Chief Secretary of the State Government on the cadre of which the member of the Service is borne.
9. The member of the Service shall be treated as on duty on the day(s) he takes the examination (s). If he has to undertake some journey to take the examination (s) he shall be treated as on duty for the actual journey period and he shall be paid travelling allowance as on tour for the journey with no daily allowance for the period of halt.
ANNEXURE 1
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Language State Government/Union Territory Concerned
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1. Assamese Assam (Provisional)
2. Bengali West Bengal
3. Gujarati Gujarat
4. Kannada Karnataka (Provisional)
5. Kashmiri Jammu & Kashmir (Provisional)
6. Malayalam Kerala
7. Manipuri Manipur
8. Marathi Maharashtra
9. Mizo Mizoram
10.Nagamese Nagaland
11.Nepali Sikkim
12.Oriya Orissa
13.Punjabi Punjab
14.Tamil Tamil Nadu
15.Telugu Andhra Pradesh
16.Urdu Uttar Pradesh
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[ Copy of D.P. & A.R. Letter No. 26/1/74-AIS(III), dated 19/10/74].
The Scheme for the grant of financial incentives circulated to the State Governments in this Department's letter No. 22/4/70-AIS(III), dated the 28th January, 1974, will also be applicable to the State Service officers appointed to the All India Services by promotion. The condition of ten years laid down in paragraph 2.2 of the Scheme will be computed from the date of appointment of a State Service officer to the All India Service concerned.
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THE INDIAN ADMINISTRATIVE SERVICES (PROBATIONERS' FINAL EXAMINATION) REGULATIONS, 1955
In pursuance of rule 7 of the Indian Administrative Service (Probation) 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 Administrative Service (Probationers' Final Examination) Regulations, 1955.
2. Definition:- 2(1) In these regulations, unless the context otherwise requires,-
(a) `Academay' means Lal Bahadur Shastri National Academy of Administration;
(b) [ ];
(c) `Director' means the Director of the Academy; and
(d) `Schedule' means a Schedule appended to these regulations.
2(2) All other words and expressions used in these regulations and not defined shall have the meanings respectively assigned to them in the Indian Administrative Service (Probation) Rules, 1954.
3. Final examination.- 3(1) Every probationer shall, at or about the end of the period of training in the Academy appear at a final examination.
3(2) The examination shall be conducted by the 4Director in the manner laid down in these regulations.
3(3) The exact dates on which and the places at which the examination shall be held shall be fixed by the 4Director.
4. Syllabus for final Examination.- the examination shall be in two parts as mentioned below:-
4(a) Part 1-Written Examination
"The subjects for the examinations and the maximum marks allotted to each of the subjects shall be as follows:-
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Subjects Maximum Marks
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(1) Political Concepts and the Constitution of India 75
(2) Basic Economic Principles and Five Year Plans 75
(3) Law 75
(4) Public Administration and Management 75
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The syllabus for this part of the examination shall be specified in the First Schedule;
4(b) Part II-Qualifying Tests
4
b. (i) Qualifying tests shall be held in the following subjects, namely:-1. a regional language,
6
2. Hindi except for candidates who examined in Hindi as a regional language under Clause (2).73. Computer.
The syllabus for this part of the examination shall be as specified in the First Schedule.
(ii) Every probationer shall be examined in the regional language or one of the regional languages shown in column 2 of the Second Schedule against the cadre to which he is allocated. Where more than one regional language is shown against a State, the 8Director shall ascertain whether the probationer is already familiarwith any of them and thereafter decide in consultation with the StateGovernment in which one of the regional languages the probationer shall be examined.
9 Provided that the probationers allocated to the following cadres shall be examined in one of the regional languages shownagainst them only with effect from such date as the Central Government may, by order, specify in this behalf, namely:-
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Cadre Regional Language
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Assam-Meghalaya : Khasi or Garo
Nagalan : Nagamese in Roman script
Union Territories : Mizo.
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5. Minimum marks.-Everv probationer shall be required to obtain such minimum number of marks in each subject at the written examination under clause (a) of regulation 4, and to pass the qualifying tests under clause (b) of the said regulation, by such standards as may be determined by the Director,11 with the provisional approval of the Central Government.
[See clause (a) & (b) of Regulation 4]
Syallabus for the Indian Adminstrative Service Probationer's Final Examination
I. WRITTEN EXAMINATION
1.POLITICAL CONCEPT AND CONSTITUTION OF INDIA
(a) Political concepts
Political Ideologies & Concepts, including Gandhian Ideology, Indian Political Systems including Parliamentary Democracy and National Integration, Evolution of Indian Culture and Socio-Economic Institutions, pressure Groups, Students Unrest, Agrarian Tension, Cases, Communal and Industrial Unrest: their nature and impact on Society-Civil Liberties, Voting-behaviour-India & International System.
(b) Constitution of India
Evolution, including freedom struggle- Fundamental Rights & Duties, Directive Principles-parliamentary proceedings-Centre-State Relations-Emergency Provisions-Special Provisions under Article 379 and 371-safeguards for Minorities-service under the Union and the States.
2. BASIC ECONOMIC PRINCIPLES AND FIVE YEAR PLANS
Basic Economic Concepts-Planned Economic Development-Policy instruments for managing the Economy-Development of Agriculture and Agrobased Industries -Rural Development Programmes and Programmes for Scheduled Castes and Scheduled Tribes-Industrial Development: Large and medium Industries and Samll-scale Industries-Development Banking, Public-sector Undertakings- Administrators and the Indian Economy.
3. LAW
General Principles of Law-Administration of Justice-Legal remedies-Indian Penal Code-Criminal Procedure Code-Civil procedure code-Law of Evidence-Law of Contract-Labour Laws-Minor Acts-Court Work and Contempt Proceedings.
4. PUBLIC ADMINSTRATION AND MANAGEMENT
Essentials of Administration-Organisational Structure of Governments, Role of Civil Servants, Administrative Ethics and Accountability, Delegation and Decentralisation-District and Local Administration-Personal Administration, Police Administration-Jail Administration Panchayati Raj Administration- CalamityAdministration-Administration of Development and Welfare Programmes- Budget and Role of Audit and general financial principles-Role of District Officer/SDO-Conduct of Elections.
Management and Organisation
Behavioural Science Motivation, Leadership, Decision-Making, MBO, Management of Conflicts, Management of Change ,Transactional Analysis, -MIS-O&M & Work study-Pert-CPM, Time Management Methodology of Presentation of a subject-Financial Management Capital Budgeting, Discountal Cash Flow, Ratio Analysis, Project Formulation, Cost benefit Analysis, Project Evaluation Interpretation of Balance Sheets."
II. QUALIFYING TESTS
(i) Hindi
The test will comprise translation, free composition, set composition, conversation and dictation. The probationers' knowledge of grammer will be tested chiefly by composition conversation and by passages for comments.
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(ii) Regional Languages.The test will comprise translation, free composition, set composition, conversation and dictation. The probationers' knowledge of grammer will be tested by composition and by passages for comments.
(iiA) Computer
The syllabus for the Test in Computer shall be as under:-
1. UNIX operating system and its features:
(a) - Logging in and out of system, other basic commands;
(b) - Typing, Copying, moving and deleting files;
(c) - Making, changing and removing directories;
(d) - Mail, Write, Pipes and Filters; and
(e) - Printing in UNIX.
2. Multiple Database Management using Foxbase Plus:
(a) - Basic commands of Foxbase Plus;
(b) - Necessity and ways of using Multiple Databases;
(c) - Linking of different databases;
(d) - Queries from linked databases; and
(e) - Report generation using Multiple Databases.
3. Financial Computation using Professional:
(a) - Using Spreadsheet package Professional in UNIX;
(b) - Time Value of Money;
(c) - Cost Benefit Analysis;
(d) - Capital Budgeting; and
(e) - Project Analysis using these techniques.
4. System Analysis and Design:
(a) - Characterestics of System, organization;
(b) - System life cycle, role of Systems Analyst;
(c) - Functional and Data flow analysis; and
(d) - Details of Data flow diagrams.
5. Management Information Systems:
(a) - Basic concepts of MIS;
(b) - Information needs in Management Processes;
(c) - MIS through application of DBMS; and
(d) - Decision Asserting Information System.
6. Applications of LAN and WAN:
- Kermit, NICNET, UUCP; and
- Networking using Modems.
7. Accessing and Using GISTNIC databases:
(a) - Census-91 Database (GIST-CEN);
(b) - Indian Economic Indicators (GIST-ECO);
(c) - International Economic Indicators (GIST-IMF); and
(d) - State profile databases (GIST).
8. Geographic Information Systems:
(a) - How to use GISNIC; and
(b) - How to use Maps for Decentralized planning.
THE SECOND SCHEDULE
[See Clause (b) of Reegulation 4]
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State Regional Languages
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Andhra pradesh Telegu or Urdu
Assam-Meghalaya Assamese, Bengali Khasi or Garo.
Bihar Hindi
Gujarat Gujarati
Haryana Hindi or Urdu
Himachal Pradesh Hindi
Jammu & Kashmir Urdu, Kashmiri or Dogri
Karnataka Kannada
Kerala Malayalam
Madhya Pradesh Hindi
Maharashtra Marathi
Manipur-Tripura Manipuri, Bengali or Hindi
Nagaland Nagamese in Roman Script
Orissa Oriya
Punjab Punjabi (in Gurumukhi script) or Hindi
Rajasthan Hindi
Sikkim Nepali
Tamil Nadu Tamil
Uttar Pradesh Hindi
West Bengal Bengali or Hindi
AGMU (Arunachal Pradesh, Assamese, Hindi, Malayalam,
Goa, Mizoram and Union Marathi, Mizo, Tamil ,Urdu
Territories) or Gujarati
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10. THE INDIAN ADMINISTRATIVE SERVICE (REGULATION OF SENIORITY) RULES, 1987
1.1 Short title and commencement.- 1(1) These rules may be called the Indian Administrative Service (Regulation of Seniority) Rules, 1987.
1(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,-
2(a) ‘Cadre’ means the Indian Administrative Service Cadre constituted in accordance with rule 3 of the Cadre Rules;
2(b) ‘Cadre Rules’ means the Indian Administrative Service (Cadre) Rules, 1954;
2(c ) ‘Cadre Schedule’ means the Schedule to the Indian Administrative Service (Fixation of Cadre Strength) Regulations, 1955;
2(d) ‘Commission’ means the Union Public Service Commission;
2(e) ‘competitive examination’ means the examination referred to in rule 7 of the Recruitment Rules;
2(f) ‘direct recruit officer’ means an officer appointed to the service through a competitive examination in accordance with rule 7 of the Recruitment Rules;
2(g) ‘gradation list’ means the gradation list prepared under rule 5 of these rules;
2(h) ‘officer’ means a member of the Service;
2(i) ‘officer appointed by selection’ means an officer appointed to the service in accordance with the provisions of the Indian Administrative Service (Appointment by Selection) Regulations, 1956;
2(j) ‘promotee officer’ means an officer appointed to the Service in accordance with the provisions of the Indian Administrative Service (Appointment by Promotion) Regulations, 1955;
2(k) ‘Recruitment Rules’ means the Indian Administrative Service (Recruitment) Rules, 1954;
2(l) ‘Select List’ means the Select List prepared in accordance with the Indian Administrative Service (Appointment by Promotion) Regulations, 1955;
2(m) ‘senior post’ means a post included and specified under item I of the Cadre of each State in the Cadre Schedule, and when held on the senior scale of pay of the Services by a direct recruit officer, means a post specified under items 1, 2 and 5 of the said Schedule and also a post temporarily added to the Cadre under the second proviso to sub-rule (2) of rule 4 of the Cadre Rules;
2(n) ‘Service’ means the Indian Administrative Service;
2(o) ‘State Cadre’ and `Joint Cadre’ have the meanings respectively assigned to them in the Cadre rules;
2(p) ‘State Deputation Reserve’ means a deputation reserve specified in item 5 of each State in the Cadre Schedule;
2(q) ‘State Government concerned’, in relation to a Joint cadre, means the Joint Cadre Authority.
(3) Assignment of year of allotment.- 3(1) Every officer shall be assigned a year of allotment in accordance with the provisions hereinafter contained in these rules.3(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 orders and instructions in force immediately before the commencement of these rules.
3(3) The year of allotment of an officer appointed to the Service after the commencement of these rules shall be as follows:-
3(3)(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 if a direct recruit officer is permitted to join probationary training under rule 5(1) of the IAS (Probation) Rules, 1954, with direct recruit officers of a subsequent year of allotment, then he shall be assigned that subsequent year as the year of allotment.
3(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 Civil Service not below the rank of a Deputy Collector or equivalent, up to the 31st day of December of the year immediately before the year in which 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:-Explanation: For the purpose of calculation of the weightage under this clause, the fractions, 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:
Explanation: For the purpose of calculation of the weightage under this clause, the fractions if any, shall 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:
Provided further that he shall not be allotted a year earlier than the year of allotment assigned to an officer already appointed to the service in accordance with sub-rule (1) of rule 8 of the recruitment rules, whose length of Class I continuous service in the State Civil Service is equal to or more than the length of Class I continuous service of the former in connection with the affairs of the State.
Explanation: The length of the relevant Class I continuous service in either case shall be with reference 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 appointments were made in the respective cases.
4. Inter-se seniority of the officers who are assigned the same year of allotment.- The inter-se seniority of the officers appointed to the Service shall be in the following order and in each category the inter-se seniority shall be determined in the following manner:-
Provided that if the date 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 date of appointment to the Service;
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 seniority of officers transferred to another cadre.- 6(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 Administrative Service (Probation) Rule, 1954.
6.(2) If a promotee officer or officer appointed by selection is transferred from one cadre to another in public interest, his year of allotment shall remain unchanged and he shall be ranked inter-se with promotee officers or officers appointed by selection, as the case may be 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.
6.(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 Administrative Service (Probation) Rules, 1954 shall remain unaffected for the purposes of the said list.
Notwithstanding anything contained in any of the provisions of these rules, the seniority of officers appointed to the service in accordance with the provisions sub-rule (3) of rule 4 of the Indian Administrative Service (Recruitment) Rules, 1954 shall be determined in accordance with such principles as the Central Government may, after consultation with the State Governments and the Commission, from time to time, determine.
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.- 9(1) The Indian Administrative 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.
9(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 Administrative 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.
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